ULTIMER 7757 Product Information and
Transcription
ULTIMER 7757 Product Information and
Appendix I ULTIMER 7757 Product Information and Correspondence Product Bulletin: 7757 Page 1 Product Bulletin ® ULTIMER 7757 Anionic Dispersion Flocculant PRODUCT DESCRIPTION AND APPLICATION ULTIMER 7757 is a medium molecular weight, medium charge anionic, liquid dispersion flocculant that does not contain oil or surfactants. The product is designed to flocculate suspended solids, and is recommended for the following applications: non-potable raw water clarification, primary and secondary effluent clarification, enhanced organics removal and filtration. ULTIMER 7757 should be tested in all traditional and non-traditional applications for liquid anionic flocculants. PHYSICAL & CHEMICAL PROPERTIES Form Appearance Odor Specific Gravity Density Solubility in Water pH (100%) Viscosity Liquid Milky White None 1.19 - 1.22 9.9 - 10.2 lb/gal Complete 3.8 - 4.2 300 - 1,200 cps ACTIVE CONSTITUENTS Co-polymer of acrylamide REGULATORY APPROVALS Please refer to the Material Safety Data Sheet (MSDS) for the most recent approval information. MATERIALS OF COMPATIBILITY Compatible PVC Polyethylene Polypropylene Teflon Viton Hypalon Buna-N Vinyl Fiberglass Plasite 4005 Plasite 7122 Neoprene Not Compatible Aluminum Copper Copper Alloys Nickel Brass 304 SS 316 SS Product Bulletin: 7757 Page 2 NOTE: Feed Systems Acceptable Materials Utilize plastic piping and fittings where possible on neat polymer feed lines. Where strength is needed, 316 SS pumps, valves, etc. can be used. However, these components, especially pump internals, will have a reduced life span. Be sure to routinely inspect all 316 SS components for signs of corrosion and to utilize check valves with Teflon or epoxy coated springs. DOSAGE AND FEEDING The feed point in a typical clarification application should be selected to achieve optimum mixing and product dispersion. In general, the feed point should be as far upstream as possible and preferably on the suction side of the low lift pump or some other point of agitation. Centrifugal pumps should be avoided. ULTIMER 7757 is usually best applied as a solution in water at a concentration in the range of 0.5% to 2%. The solution viscosity of ULTIMER 7757 is low compared to latex products. Thus, solutions can be prepared and applied directly. The dilute solution should be applied at a point in the system where there is adequate turbulence to ensure rapid mixing. ULTIMER 7757 is readily soluble in water, and can be activated by simple dilution, preferably with an in-line static mixer. In addition, minimal aging of the activated product is required. Thus, the polymer solution can be dosed directly into the application. The polymer solution gains >90% activity 45 seconds after dilution. The Nalco ULTIMER feeder should be used to apply the program. The product can be fed neat in some cases, although this must be confirmed by on-site testing. Do not store product diluted for more than one hour since it hydrolyzes and loses activity with aging. ENVIRONMENTAL AND TOXICITY DATA Refer to the Material Safety Data Sheet (MSDS), SECTIONS 11 and 12, for the most current data. SAFETY AND HANDLING As with any chemical, ULTIMER 7757 should be handled with responsible care. When considering the use of ULTIMER 7757 in a particular application, the Material Safety Data Sheet must be reviewed to assure that the intended use can be accomplished safely. All precautions described in the MSDS should be strictly followed when handling ULTIMER 7757. In case of small liquid spills: Contain with absorbent material, such as clay, soil or any commercially available absorbent. Smaller spills can be effectively cleaned up with Nalco POLYCLEAN 7. Avoid eye and skin contact. Do not take internally. Do not get in eyes, on skin, or on clothing. Have emergency equipment (for fires, spills, leaks, etc.) readily available. Ensure all containers are labelled. Keep the containers closed when not in use. Use with adequate ventilation. ULTIMER 7757 becomes extremely slippery if wetted. Wash surfaces thoroughly with water until all traces have been removed. Keep containers closed and protect from frost. Freezing will not impair the product if it is properly reconstituted. Low temperatures should be avoided since viscosity increases and pumping problems can occur. Product Bulletin: 7757 Page 3 STORAGE Keep containers closed and protect from frost and moisture. Low temperatures should be avoided since viscosity increases and pumping problems can occur. When frozen, warm the product slowly to ambient temperature and agitate with a low (<200) RPM mixer. After warming up to 46 - 50°F (8 -10°C) and re-homogenization by gentle agitation for about 2 hrs, the product can be re-used without loss in efficiency. Nevertheless, freezing should be avoided. When the product has been exposed to heat, the product should be gently agitated while its temperature is allowed to lower to room temperature. After the product is back to room temperature, about 2 hrs of gentle agitation should be sufficient to make the product ready for use. While product performance should not be affected if the product freezes or warms up, some loss in physical stability should be expected. If the product is to be stored for longer than two weeks, i.e., bulk tank storage, periodic agitation of the product will help keep the product fully homogenized and ensure consistent performance. REMARKS If you need assistance or more information on this product, please call your nearest Nalco Representative. For more news about Nalco Company, visit our website at www.nalco.com. For Medical and Transportation Emergencies involving Nalco products, please see the Material Safety Data Sheet for the phone number. ADDITIONAL INFORMATION ULTIMER and NALCO are registered trademarks of Nalco Company (9-03) Nalco Pacific PTE, LTD * 21 Gul Lane * Jurong Town * Singapore 2262 Subsidiaries and Affiliates in Principal Locations Around the World ©2006 Nalco Company All Rights Reserved SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME : ULTIMER® 7757 APPLICATION : WATER CLARIFICATION AID COMPANY IDENTIFICATION : Nalco Australia Pty Ltd 2 Anderson Street Botany N.S.W. 2019 Australia A.B.N. 41 000 424 788 TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 EMERGENCY TELEPHONE NUMBER(S) : 1800 205 506 Date issued : Version Number : 11.06.2009 1.1 2. HAZARDS IDENTIFICATION HAZARD CLASSIFICATION : Not classified as hazardous according to the Australian Safety & Compensation Council (ASCC). This product is not classified as a dangerous good according to national or international regulations. SAFETY PHRASES S24/25 - Avoid contact with skin and eyes. S37/39 - Wear suitable gloves and eye/face protection. 3. COMPOSITION/INFORMATION ON INGREDIENTS CHEMICAL NAME Ingredients determined not to be hazardous 4. CAS NO % (w/w) 100 FIRST AID MEASURES EYE CONTACT : Flush affected area with water. Get medical attention. SKIN CONTACT : Flush affected area with water. If symptoms develop, seek medical advice. INGESTION : Get medical attention. Do not induce vomiting without medical advice. If conscious, washout mouth and give water to drink. If reflexive vomiting occurs, rinse mouth and repeat administration of water. Contact the Poison's Information Centre (eg Australia 13 1126; New Zealand 0800 764 766). Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 1/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 INHALATION : Remove to fresh air, treat symptomatically. If symptoms develop, seek medical advice. NOTE TO PHYSICIAN : Based on the individual reactions of the patient, the physician's judgement should be used to control symptoms and clinical condition. 5. FIRE FIGHTING MEASURES FLASH POINT : Not flammable EXTINGUISHING MEDIA : This product would not be expected to burn unless all the water is boiled away. The remaining organics may be ignitable. Use extinguishing media appropriate for surrounding fire. FIRE AND EXPLOSION HAZARD : May evolve oxides of carbon (COx) under fire conditions. May evolve oxides of nitrogen (NOx) and sulfur (SOx) under fire conditions. SPECIAL PROTECTIVE EQUIPMENT FOR FIRE FIGHTING : In case of fire, wear a full face positive-pressure self contained breathing apparatus and protective suit. SENSITIVITY TO STATIC DISCHARGE : Not expected to be sensitive to static discharge. 6. ACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS : Restrict access to area as appropriate until clean-up operations are complete. Use personal protective equipment recommended in Section 8 (Exposure Controls/Personal Protection). Stop or reduce any leaks if it is safe to do so. Ventilate spill area if possible. METHODS FOR CLEANING UP : SMALL SPILLS: Soak up spill with absorbent material. Place residues in a suitable, covered, properly labeled container. Wash affected area. LARGE SPILLS: Water in contact with the product will create a voluminous, slippery gel. Soak up as thoroughly as possible with inert absorbent material or sawdust. Do NOT hose down area until all possible traces of polymer are removed. Contact an approved waste hauler for disposal of contaminated recovered material. Dispose of material in compliance with regulations indicated in Section 13 (Disposal Considerations). Use of alkaline absorbent materials will generate ammonia. ENVIRONMENTAL PRECAUTIONS : Prevent material from entering sewers or waterways. 7. HANDLING AND STORAGE HANDLING : Do not get in eyes, on skin, on clothing. Do not take internally. Use with adequate ventilation. Do not breathe vapors/gases/dust. Keep the containers closed when not in use. Have emergency equipment (for fires, spills, leaks, etc.) readily available. Ensure all containers are labeled. Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 2/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 STORAGE CONDITIONS : Protect product from freezing. Store separately from oxidizers. Store the containers tightly closed. Store in suitable labeled containers. SUITABLE CONSTRUCTION MATERIAL : Polypropylene, Polyurethane, Polyethylene, Buna-N, Epoxy phenolic resin UNSUITABLE CONSTRUCTION MATERIAL : Stainless Steel 304, Stainless Steel 316L, Brass, EPDM, Viton, Hypalon 8. EXPOSURE CONTROLS/PERSONAL PROTECTION OCCUPATIONAL EXPOSURE LIMITS None of the components have been assigned an exposure standard by ASCC (Australia) or OSH (New Zealand). ENGINEERING MEASURES : General ventilation is recommended. PERSONAL PROTECTION GENERAL ADVICE : The use and choice of personal protection equipment is related to the hazard of the product, the workplace and the way the product is handled. In general, we recommend as a minimum precaution that safety glasses with side-shields and workclothes protecting arms, legs and body be used. In addition any person visiting an area where this product is handled should at least wear safety glasses with side-shields. RESPIRATORY PROTECTION : Respiratory protection is not normally needed. An amine vapor cartridge with dust/mist prefilter or supplied air may be used. An organic vapor cartridge with dust/mist prefilter or supplied air may be used. If respiratory protection is required, institute a complete respiratory protection program including selection, fit testing, training, maintenance and inspection. HAND PROTECTION : Nitrile gloves PVC gloves SKIN PROTECTION : Wear standard protective clothing. EYE PROTECTION : Wear chemical splash goggles. HYGIENE RECOMMENDATIONS : Use good work and personal hygiene practices to avoid exposure. Consider the provision in the work area of a safety shower and eyewash. Always wash thoroughly after handling chemicals. When handling this product never eat, drink or smoke. Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 3/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 9. PHYSICAL AND CHEMICAL PROPERTIES PHYSICAL STATE Liquid APPEARANCE Milky White ODOR None pH (100 %) 3.8 - 4.2 VAPOR PRESSURE No data available. VAPOR DENSITY No data available. SPECIFIC GRAVITY 1.19 - 1.22 (25 °C) DENSITY No data available. SOLUBILITY IN WATER Complete VISCOSITY 300 - 1,200 cps (25 °C) MELTING POINT No data available. BOILING POINT No data available. FLASH POINT Not flammable LOWER EXPLOSION LIMIT No data available. UPPER EXPLOSION LIMIT No data available. AUTOIGNITION TEMPERATURE No data available. Note: These physical properties are typical values for this product and are subject to change. 10. STABILITY AND REACTIVITY STABILITY : Stable under normal conditions. CONDITIONS TO AVOID : Avoid extremes of temperature. INCOMPATIBLE MATERIALS : Contact with strong oxidizers (e.g. chlorine, peroxides, chromates, nitric acid, perchlorate, concentrated oxygen, permanganate) may generate heat, fires, explosions and/or toxic vapors. Contact with strong alkalies (e.g. ammonia and its solutions, carbonates, sodium hydroxide (caustic), potassium hydroxide, calcium hydroxide (lime), cyanide, sulfide, hypochlorites, chlorites) may generate heat, splattering or boiling and toxic vapors. HAZARDOUS DECOMPOSITION PRODUCTS : Under fire conditions: Oxides of carbon, Oxides of nitrogen, Oxides of sulfur HAZARDOUS REACTIONS : Hazardous polymerization will not occur. 11. TOXICOLOGICAL INFORMATION OVERVIEW OF HEALTH HAZARDS ACUTE HAZARDS - EYE CONTACT May cause irritation with prolonged contact. ACUTE HAZARDS - SKIN CONTACT May cause irritation with prolonged contact. Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 4/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 ACUTE HAZARDS - INGESTION Not a likely route of exposure. No adverse effects expected. ACUTE HAZARDS - INHALATION Not a likely route of exposure. Repeated or prolonged exposure may irritate the respiratory tract. CHRONIC HAZARDS : No adverse effects expected other than those mentioned above. SUMMARY OF TOXICITY INFORMATION ACUTE TOXICITY DATA : No toxicity studies have been conducted on this product. SENSITIZATION : This product is not expected to be a sensitizer. CARCINOGENICITY : None of the substances in this product are listed as carcinogens by the International Agency for Research on Cancer (IARC), the National Toxicology Program (NTP) or the American Conference of Governmental Industrial Hygienists (ACGIH). For additional information on the hazard of the preparation, please consult section 2 and 12. HUMAN HAZARD CHARACTERIZATION Based on our hazard characterization, the potential human hazard is: Low 12. ECOLOGICAL INFORMATION ECOTOXICOLOGICAL EFFECTS : The following results are for the product. ACUTE FISH RESULTS : Species Bluegill Sunfish Rainbow Trout Fathead Minnow Exposure 96 hrs 96 hrs 96 hrs ACUTE INVERTEBRATE RESULTS : Species Exposure Ceriodaphnia dubia 48 hrs Daphnia magna 48 hrs LC50 470 mg/l 490 mg/l 800 mg/l LC50 295.5 mg/l 1,470.6 mg/l Test Descriptor Product Product Product EC50 Test Descriptor Product Product MOBILITY AND BIOACCUMULATION POTENTIAL : The environmental fate was estimated using a level III fugacity model embedded in the EPI (estimation program interface) Suite TM, provided by the US EPA. The model assumes a steady state condition between the total input and output. The level III model does not require equilibrium between the defined media. The information provided Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 5/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 is intended to give the user a general estimate of the environmental fate of this product under the defined conditions of the models. If released into the environment this material is expected to distribute to the air, water and soil/sediment in the approximate respective percentages; Air <5% Water 30 - 50% Soil/Sediment 50 - 70% The portion in water is expected to be soluble or dispersible. This preparation or material is not expected to bioaccumulate. PERSISTENCY AND DEGRADATION : The organic portion of this preparation is expected to be poorly biodegradable. ENVIRONMENTAL HAZARD AND EXPOSURE CHARACTERIZATION Based on our hazard characterization, the potential environmental hazard is: Low 13. DISPOSAL CONSIDERATIONS Dispose of wastes in an approved incinerator or waste treatment/disposal site, in accordance with all applicable regulations. Do not dispose of wastes in local sewer or with normal garbage. Triple rinse (or equivalent) all containers and offer for recycling or reconditioning, or puncture and dispose of in a sanitary landfill, or by other procedures approved by state and local authorities. SPECIAL PRECAUTIONS FOR LANDFILL OR INCINERATION : No additional special precautions have been identified. 14. TRANSPORT INFORMATION The information in this section is for reference only and should not take the place of a shipping paper (bill of lading) specific to an order. Please note that the proper Shipping Name / Hazard Class may vary by packaging, properties, and mode of transportation. Typical Proper Shipping Names for this product are as follows. LAND TRANSPORT Proper Shipping Name : AIR TRANSPORT (ICAO/IATA) Proper Shipping Name : MARINE TRANSPORT (IMDG/IMO) Proper Shipping Name : PRODUCT IS NOT REGULATED DURING TRANSPORTATION PRODUCT IS NOT REGULATED DURING TRANSPORTATION PRODUCT IS NOT REGULATED DURING TRANSPORTATION Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 6/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 15. REGULATORY INFORMATION AUSTRALIA : NICNAS All substances in this product comply with the National Industrial Chemicals Notification & Assessment Scheme (NICNAS). SUSDP SCHEDULE : Not Listed INTERNATIONAL REGULATIONS FOOD AND DRUG ADMINISTRATION (FDA) Federal Food, Drug and Cosmetic Act : When use situations necessitate compliance with FDA regulations, this product is acceptable under : 21 CFR 176.170 Components of paper and paperboard in contact with aqueous and fatty foods and 21 CFR 176.180 Components of paper and paperboard in contact with dry foods. The following limitations apply: Maximum dosage 0.1% Limitation of dry weight fiber It is limited to use as a retention aid and flocculant employed prior to the sheet forming operation in the manufacture of paper and paperboard in amounts no greater than those required to produce its intended technical effect. INTERNATIONAL CHEMICAL CONTROL LAWS UNITED STATES : The substances in this preparation are included on or exempted from the TSCA 8(b) Inventory (40 CFR 710) CANADA : The substances in this preparation are listed on the Domestic Substances List (DSL), are exempt, or have been reported in accordance with the New Substances Notification Regulations. EUROPE The substances in this preparation have been reviewed for compliance with the EINECS or ELINCS inventories. JAPAN This product contains substance(s) which are not in compliance with the Law Regulating the Manufacture and Importation Of Chemical Substances and are not listed on the Existing and New Chemical Substances list (ENCS). CHINA This product contains substance(s) which are not in compliance with the Provisions on the Environmental Administration of New Chemical Substances and may require additional review. KOREA This product contains substance(s) which are not in compliance with the Toxic Chemical Control Law (TCCL) and may require additional review. Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 7/8 SAFETY DATA SHEET PRODUCT ULTIMER® 7757 EMERGENCY TELEPHONE NUMBER(S) 1800 205 506 PHILIPPINES This product contains substance(s) which are not in compliance with the Republic Act 6969 (RA 6969) and may require additional review. 16. OTHER INFORMATION This product material safety data sheet provides health and safety information. The product is to be used in applications consistent with our product literature. Individuals handling this product should be informed of the recommended safety precautions and should have access to this information. For any other uses, exposures should be evaluated so that appropriate handling practices and training programs can be established to insure safe workplace operations. Please consult your local sales representative for any further information. REFERENCES Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, American Conference of Governmental Industrial Hygienists, OH., (Ariel Insight CD-ROM Version), Ariel Research Corp., Bethesda, MD. Hazardous Substances Data Bank, National Library of Medicine, Bethesda, Maryland (TOMES CPS Version), Micromedex, Inc., Englewood, CO. CD-ROM IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Man, Geneva: World Health Organization, International Agency for Research on Cancer. Integrated Risk Information System, U.S. Environmental Protection Agency, Washington, D.C. (TOMES CPS CD-ROM Version), Micromedex, Inc., Englewood, CO. Annual Report on Carcinogens, National Toxicology Program, U.S. Department of Health and Human Services, Public Health Service. Title 29 Code of Federal Regulations, Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA), (Ariel Insight CD-ROM Version), Ariel Research Corp., Bethesda, MD. Registry of Toxic Effects of Chemical Substances, National Institute for Occupational Safety and Health, Cincinnati, OH, (TOMES CPS CD-ROM Version), Micromedex, Inc., Englewood, CO. Ariel Insight (An integrated guide to industrial chemicals covered under major regulatory and advisory programs), North American Module, Western European Module, Chemical Inventories Module and the Generics Module (Ariel Insight CD-ROM Version), Ariel Research Corp., Bethesda, MD. The Teratogen Information System, University of Washington, Seattle, WA (TOMES CPS Micromedex, Inc., Englewood, CO. CD-ROM Version), REVISED INFORMATION: Significant changes to regulatory or health information for this revision is indicated by a bar in the left-hand margin of the SDS. Prepared By: Nalco Asia Pacific, Safety, Health and Environment (SHE) Specialist, (02) 9316 3162 Nalco Australia Pty Ltd 2 Anderson Street • Botany N.S.W. 2019, Australia TEL: +61 2 9316 3000 FAX: +61 2 9666 5292 8/8 Sarah Fitzsimons (Sydney) From: Sent: To: Cc: Subject: Craig Menouhos [cmenouhos@nalco.com] Sunday, 24 January 2010 10:16 PM Sarah Fitzsimons (Sydney) Kester Boardman (Sydney); Hans Kieft Re: Polymer ULTIMER 7757 Enquiry Dear Sarah, my apologies for the lengthy delay in response. I needed to confirm our response with a range of people at NALCO. I have included my responses in bold below: Please do not hesitate to contact me if you have any further questions (I assure you my next response will be more timely!!) with regard, Craig Menouhos Nalco Australia Phone: (02) 9316 3000 Fax: (02) 9316 3013 Mobile: 0402 419 004 Email: cmenouhos@nalco.com "Sarah Fitzsimons (Sydney)" <sarah.fitzsimons@cardno.com.au> 15/12/2009 06:30 PM To "cmenouhos@nalco.com" <cmenouhos@nalco.com> cc "Kester Boardman (Sydney)" <kester.boardman@cardno.com.au> Subject Polymer ULTIMER 7757 Enquiry Cardno (NSW) Pty Ltd, ABN 95 001 145 035 Level 3, Cardno Building 910 Pacific Highway Gordon NSW 2072 Tel:+61 2 9496 7700 Fax:+61 2 9499 3902 Dear Craig, Thank you very much for your time this morning. As discussed in our telephone conversation today, we are trying to resolve some potential issues with using polymer ULTIMER 7757 in the Manly Lagoon Dredging Project and would be grateful for your assistance. Issue 1: Mixing of the Polymer with Agricultural Lime The key issue is mixing of the polymer with lime, as the MSDS for the product indicates there could be potentially negative reactions as follows: Page 4/8: Contact with strong alkalies (e.g. ammonia and its solutions, carbonates, sodium hydroxide (caustic), potassium hydroxide, calcium hydroxide (lime), cyanide, sulfide, hypochlorites, chlorites) may generate heat, splattering or boiling and toxic vapours. • This is in reference to neat flocculant only. 1 As the Dredging Project will be dealing with acid sulfate soils (ASS), the proposed dredging methodology to address this ASS risk is as follows: • Dredge the sediments from Manly Lagoon using a cutter suction dredge, • Dose the sediments (in line dosing) with a lime slurry, • Following this, dose the sediments (in line) with a polymer ULTIMER 7757 slurry to accelerate the dewatering process, and finally • Pump the dredged sediment slurry into geotextile bags located on the banks of Manly Lagoon (in a secure, bunded area) to dewater the lagoon sediments for a period of 4 weeks. Dosing will be occurring at the following rates: • Lime: At a rate of either 37kg/tonne of sediments (low ASS risk soils) or 46kg/tonne (high ASS risk soils), and • Polymer ULTIMER 7757: In a range of 25 to 100 ppm. • For best results, ensure that the Ultimer polymer is diluted down to <1.0% solution prior to application. (Please call for dilution options) If neat polymer must be added, add at the discharge side of a pump for contact. A 0.5% lime slurry will not cause an adverse reaction. Agricultural lime, at a pH of around 8.2, will be used for the lime slurry. Further to our conservation this morning I would be grateful if you could confirm my understanding that this is not classified as a strong alkali, but rather a weak alkali, and in the MSDS a ‘strong’ alkali is referring to alkalies at a higher pH, around 13 or 14. Hence we would appreciate if you could please confirm that none of the negative reactions indicated in the MSDS, including the generation of heat, splattering or boiling and toxic vapours, are expected to occur during the works. • Here, the MSDS is giving reference to the neat (concentrated) flocculant, not a diluted solution. The 0.5% lime slurry (46kg/T for high ASS risk) will not cause an adverse reaction. Issue 2: Clean-up of Spills Page 2/8: Use of alkaline absorbent materials will generate ammonia. The above fact is noted with regards to the clean-up of spills. By association, does the above statement imply that contact of the polymer with alkaline materials, i.e. lime in the context of dosing during dredging works, will generate ammonia? Can you please confirm that this is not the case? • The reference is to neat (concentrated) flocculant. eg If lime is added to a neat polymer spill, the generation of Ammonia is expected. The volume of ammonia generated will be proportionate to the polymer and lime. Issue 3: Reaction or Loss of Efficiency Due to Other Constituents Present in Manly Lagoon Are you able to advise whether any of the reported chemical concentrations in the Manly Lagoon water or sediment can be expected to inhibit the function of, or react with, the polymer, noting the proposed addition of lime as described above? The composition of the lagoon water and expected composition of the sediments to be dredged from Manly Lagoon are provided respectively in the two tables at the end of this email (from sampling conducted earlier this year). • We do not believe that the lagoon contaminants will inhibit the function of the polymer to any noticeable extent. NOTE: High TDS water (>40000mg/L), can reduce polymer efficacy (~1% polymer performance loss) Issue 4: Returning Traces of Polymer to the Lagoon The MSDS also states on Page 2/8: Prevent material from entering sewers or waterways. The proposed methodology for the works involves returning the runoff water, collected during the dewatering process 2 in the bunded area, to Manly Lagoon. The return of this water to the lagoon will only be permitted if the water meets certain criteria including pH between 7 and 8.2 and the reduction of suspended solids in the water to suitable levels. If, for whatever reason, water quality does not allow the return of runoff water to Manly Lagoon, it will likely be disposed of to the sewer, pending approval from Sydney Water. • The MSDS is referring to neat polymer. Ideally this should not enter the sewer or waterways. I believe the concern is more that sludge can form and therefore block pipe works etc. A trial dredge was undertaken in August 2009 using the polymer ULTIMER 7757 at a concentration of 25 ppm, without lime dosing. Testing of the water draining from the geotextile bags (from the dewatering process), indicated that ULTIMER 7757 could not be detected in the water draining from the geotextile bags using typical laboratory methodologies. From this we infer that polymer concentration in runoff water is at least three orders of magnitude less than toxic dosages determined by toxicity testing for the polymer, as specified in the MSDS, and therefore consider it extremely unlikely that any traces of the polymer in the runoff water will have any detectable impact on aquatic organisms in Manly Lagoon. • The polymer should be bound to the heavy particles and trapped within the sludge formed. Do you have any experience or case studies which would further support this conclusion? • No, sorry Provided regulatory approval for the Project can be obtained, we are hopeful that dredging will commence early in 2010. We would be very grateful for any comments and advice that you can offer which will help us achieve this aim. • I am happy to work with the contractor and ensure polymer dilution and application is effective. Thank you again for your time Craig. If you have any questions please don’t hesitate to contact either myself or Kester Boardman on 9496 7700. Sincerely Sarah Fitzsimons Environmental Engineer Phone: +61 2 9496 7700 Fax: +61 2 9499 3902 Email: Sarah.Fitzsimons@cardno.com.au Web: www.cardno.com.au Attached: CURRENT MANLY LAGOON WATER QUALITY Min Max Temp °C Cond (mS/cm) 11.11 22.66 1.3 53.55 3 Cond (µS/cm) 1659 Sal (ppt) 0.65 35.35 pH 7.02 ORP (mV) DO (%) DO (mg/L) 8000 8.11 -80.5 453.5 11.7 116.6 0.9 8.65 Turbidity (ntu) 0.35 34.45 Total Dissolved Solids mg/L 377 34450 Suspended Solids mg/L 1 17 0.6 1.45 Total Metals in Saline Water (ORC-ICPMS method) Arsenic µg/L Cadmium µg/L Chromium µg/L Copper µg/L 0 0 0.6 0.7 1 2 Lead µg/L 0.8 1.85 Nickel µg/L 0.55 1.35 Zinc µg/L 8 41 Mercury µg/L 0 0 0 0.1 Inorganics Ammonia as N mg/L Nitrite as N mg/L 0 0 Nitrate as N mg/L 0.01 0.49 Nitrite + Nitrate as N mg/L 0.01 0.49 0.3 0.6 Total Kjeldahl Nitrogen as N mg/L Total Nitrogen as N mg/L Total Phosphorus as P mg/L Chlorophyll a mg/m³ 0.3 0.9 0.02 0.08 2 17 Phenolic Compounds Undetectable Polynuclear Aromatic Hydrocarbons Undetectable BTEX Undetectable Total Petroleum Hydrocarbons Undetectable Organophosphorous Pesticides (Ultra Trace) Undetectable Organochlorine Pesticides Undetectable Enterococci CFU/100mL 10 2433 Source: Cardno Ecology Lab (2009) Manly Lagoon Dredging Project – Water Quality Monitoring Program – Progress Report 1 – Before Dredging. September 2009. Report prepared for Manly and Warringah Councils. CURRENT MANLY LAGOON SEDIMENT QUALITY Untreated Sediments Moisture Content % 23 Arsenic mg/kg 3.18 Cadmium mg/kg Undetectable Chromium mg/kg 2.6 Copper mg/kg Undetectable Lead mg/kg 2.8 Nickel mg/kg Undetectable Zinc mg/kg 1.9 Mercury mg/kg Undetectable Total Cyanide mg/kg Undetectable Fluoride mg/kg 80 4 Total Organic Carbon % 0.78 Styrene mg/kg Undetectable Naphthalene mg/kg Undetectable Phenolic Compounds Undetectable BTEX Undetectable Total Petroleum Hydrocarbons C6-C9 Fraction mg/kg Undetectable C10-C14 Fraction mg/kg Undetectable C15-C28 Fraction mg/kg 13 C29-C36 Fraction mg/kg 13 Total Petroleum Hydrocarbons mg/kg 52 Organophosphorus Pesticides Undetectable Organochlorine Pesticides Undetectable Polychlorinated Biphenyls Undetectable Polynuclear Aromatic Hydrocarbons Undetectable Enterococci MPN/g 30 Source: Cardno Ecology Lab (2009) Results of Trial Dredging 2 – Manly Lagoon Dredging Project. September 2009. 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Virus scanning software is used by this organisation to prevent file and system attacks, however the recipient is responsible for their own virus protection. Cardno accepts no liability whatsoever for any possible subsequent loss or damage arising from the use of this data or any part thereof. 5 Appendix J Dredging Plans Appendix K Technical Specification TENDER No: T2009/16 SCHEDULE OF RATES CONTRACT for the DREDGING OF MANLY LAGOON SITES 1 AND 2 ONLY Volume 2 of 4 TECHNICAL SPECIFICATION PREPARED BY: October 2009 COPY No: Revision B Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S i TABLE OF CONTENTS Page C1. GENERAL 1-1 C1.1. SCOPE OF THE WORKS C1.1.1. Background C1.1.2. Description of the Works 1-1 1-1 1-2 C1.2. SITE ACCESS AND CONSTRAINTS C1.2.1. Boundary of Works C1.2.2. Site Access C1.2.3. Control of Public in Reserves and Street Access Points C1.2.4. Existing Vehicle Barriers or Gates C1.2.5. Work within a Lagoon and Beach Environment 1-3 1-3 1-3 1-3 1-4 1-4 C1.3. CONTRACTOR’S WORKING AREA C1.3.1. General C1.3.2. Works Compound C1.3.3. Geotube Stock Pile Areas C1.3.4. Restrictions C1.3.5. Site Security and Safety 1-4 1-4 1-4 1-5 1-5 1-5 C1.4. SERVICES AND FACILITIES C1.4.1. Contractor's Facilities C1.4.2. General Services 1-5 1-5 1-5 C1.5. EXISTING SERVICES C1.5.1. Due Diligence C1.5.2. Damage to Services C1.5.3. Cost of Relocation or Replacement of Existing Services 1-5 1-5 1-6 1-6 C1.6. REMOVAL OF SURPLUS SPOIL, RUBBISH AND FINAL CLEANING UP 1-6 C1.7. PRE-COMMENCEMENT PHOTO RECORD 1-6 C1.8. CONTRACTORS TRAFFIC MANAGEMENT PLAN 1-7 C2. SITE INFORMATION 2-1 C2.1. GENERAL 2-1 C2.2. SURVEY 2-2 C2.3. QUEENSCLIFF BEACH OUTLET WIDENING DURING HEAVY RAINFALL 2-2 C2.4. SEAGRASS BEDS 2-3 C2.5. CONTROL OF WATER FLOWS 2-3 C3. ENVIRONMENTAL PROTECTION 3-1 C3.1. GENERAL 3-1 C3.2. EROSION AND SEDIMENT CONTROL 3-1 C3.3. CONTAMINATION 3-1 C3.4. DISPOSAL OF EXCESS MATERIAL 3-2 C3.5. CLEANING OF ROAD PAVEMENTS 3-2 C3.6. INADEQUATE PROTECTION 3-2 Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S ii Tender No: T2009/16 C4. TECHNICAL SPECIFICATION ESTABLISHMENT AND SETTING OUT OF THE WORKS 4-1 C4.1. ESTABLISHMENT ON SITE 4-1 C4.2. FENCING OF THE WORKS AREA C4.2.1. General C4.2.2. Fencing of Contractor’s Compound C4.2.3. Fencing of the Works Area C4.2.4. Maintenance of Fences 4-1 4-1 4-1 4-1 4-1 C4.3. SETTING OUT OF THE WORKS 4-2 C5. PROTECTION OF EXISTING SEAGRASS AREAS 5-1 C5.1. GENERAL 5-1 C5.2. REPAIR OF DAMAGED SEAGRASS AREAS 5-1 C6. TEMPORARY HAULAGE ROADS FOR EXCAVATION ACTIVITIES 6-1 C6.1. TEMPORARY HAULAGE ROADS 6-1 C6.2. EROSION CONTROL AT SITE ACCESS POINTS 6-1 C6.3. RESTORATION OF HAULAGE ROADS AREAS 6-2 C7. DREDGING WORKS 7-1 C7.1. GENERAL C7.1.1. Standby Due to Lagoon Entrance Works by Council 7-1 7-1 C7.2. MATERIAL TO BE EXCAVATED 7-1 C7.3. UNSUITABLE MATERIALS 7-1 C7.4. EROSION AND SEDIMENT CONTROL 7-2 C7.5. DEWATERING AND STORAGE OF SEDIMENT 7-2 C7.6. TREATMENT OF POTENTIAL ACID SULPHATE SOILS 7-3 C7.7. ODOUR CONTROL 7-3 C7.8. COMMENTS AND COMPLAINTS REGISTER 7-4 C7.9. REMOVAL OF DREDGED SEDIMENT FROM THE SITE OF WORKS 7-4 C8. SURVEY 8-1 C8.1. GENERAL 8-1 C8.2. TYPES OF SURVEY AND SURVEY DETAIL. C8.2.1. Pre-Excavation Survey C8.2.2. Progress Survey C8.2.3. Work As Executed Surveys 8-1 8-1 8-1 8-1 C9. COMPLETION Appendix K - Technical Specification.doc 9-1 MANLY AND WARRINGAH COUNCIL’S iii Tender No: T2009/16 TECHNICAL SPECIFICATION C1. GENERAL C1.1. SCOPE OF THE WORKS C1.1.1. Background Manly Lagoon is a small shallow coastal lagoon in Sydney’s Northern Beaches area, approximately 12km north-east of the Sydney Central Business District. The Lagoon is located along the boundary between the Manly and Warringah Local Government Areas (LGAs), as shown in Figure 1. As a result both Manly and Warringah Councils take a pro-active role in the management and improvement of the Lagoon. WARRINGAH MANLY Figure 1: Site Location The majority of the Lagoon foreshore is public and private open space and includes parklands, reserves, and Manly and Warringah Golf Courses. The catchment is drained by three major freshwater creeks that flow into Manly Lagoon, including Burnt Bridge Creek, Manly Creek and Brookvale Creek. A large number of stormwater drains in the catchment also flow into the Lagoon. The ocean entrance of the Lagoon is situated at the northern end of Queenscliff Beach and is an intermittently/mechanically opened, untrained entrance (DNR, 2009). A box culvert located at the entrance conveys low flows to the ocean and allows lagoon and ocean waters to exchange with each tidal cycle. During times of flooding, Council uses bulldozers to excavate a flood overflow channel across the beach berm to open the channel to the ocean and convey flood flows. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-1 Tender No: T2009/16 TECHNICAL SPECIFICATION Manly Lagoon is considered one of the most polluted recreational waterways on the east coast of Australia, with swimming, boating and fishing activities currently prohibited due to polluted water and sediment (Manly Council, 2009). Poor water and sediment quality in the Lagoon is mainly due to local pollution sources including urban stormwater runoff, sewage overflows, tip site leachate and illegal discharge and dumping of industrial and trade waste. C1.1.2. Description of the Works Manly and Warringah Councils propose to dredge a portion of Manly Lagoon by removing accumulated sediment from two locations; within the Lagoon between the footbridge at Nolan Reserve and Addiscombe Road (Site 1), the in the vicinity of the end of Riverview Parade and the confluence of Burnt Bridge Creek and the Lagoon (Site 2). The removed sediment is to be disposed of immediately off-site or dosed with a flocculant dewatered and stored on the Lagoon bank geotextile bags. The major items of work include: (i) Construction of a temporary access suitable for the contractors plant through Nolan reserve on an alignment to be nominated by the Superintendent. (ii) Removal and disposal off-site of gross pollutants from behind the existing floating boom litter trap adjacent to Nolan reserve. The boom is to be removed carefully and stored on the bank. The boom is to be re-installed and secured to its preexisting configuration to the satisfaction of the Superintendent following completion of the works. (iii) Installation of new silt curtains approximately 25m upstream and downstream of the proposed dredging area. A secondary downstream “back-up” silt curtain is to be placed 15m offset from the primary curtain. The silt curtains are to extend the full width and depth of the lagoon (at high tide) and are to remain in place at all times during the contract period. (iv) Construction of a bunded area to contain first flush filtrate from the dredged sediment following removal and dosing (see items v to vii). Disposal to sewer of the first flush filtrate including obtaining any necessary approvals from Sydney Water. (v) Removal and disposal off-site of any debris and deleterious material at the Lagoon bed which may impede dredging operations. (vi) Excavation of sediment from the lagoon as indicated on the Drawings; (vii) Dosing the sediment with the specified flocculant in order to dewater the dredged a material to the satisfaction of the superintendent. (viii) Disposing of first flush flows from the dewatering process (ix) Adding lime to the dredge sediment to manage any detected acid sulphate soils. (x) Pumping of the dredged sediment in TenCate Geotube dewatering bags or approved equivalent product. (xi) Protection of and environmental management of the geotube sediment stockpiles during the 30 day dewatering period. Note that the Principal will be responsible for removal of the sediment at the expiry of the 30 day dewatering period. (xii) Preparation and implementation of a Traffic Management Plan. (xiii) Preparation and implementation of a Environmental Management Plan. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-2 Tender No: T2009/16 TECHNICAL SPECIFICATION (xiv) Disestablishment of site including restoration of all surfaces/vegetation to preexisting condition. C1.2. SITE ACCESS AND CONSTRAINTS C1.2.1. Boundary of Works The excavation area for the works is as shown on Drawing LJ2818-SK01. The area is divided into two main sections, being: Site 1 adjacent to Nolan Reserve and Addiscome Road Reserve and Site 2 adjacent To Riverview Parade and the confluence of Burnt Bridge Creek and the Lagoon. The works boundaries may be varied at the discretion of the Superintendent. At least twenty four (24) hours notice will be provided should the boundary of the works require adjustment. C1.2.2. Site Access General The Contractor shall maintain the access to the site at all times. The Contractor shall take all precautions to ensure that roads and thoroughfares used under this Contract are not damaged as a result of construction related activities. In the event of any damage which, in the opinion of the Superintendent, has been caused by the Contractor, the Contractor shall take all necessary and immediate steps to repair the damage at the Contractor’s expense. Refer also Clause C1.7. Access to the various areas of the site is described below. All vehicles employed by the Contractor, or any sub-contractors, shall only enter or exit the site via the nominated access points. Main Entry/Egress – Nolan Reserve Access shall be gained to the site of works from Kentwell Avenue behind the bowling club (on western side). A temporary access road including continuous bunting, appropriate safety signage and pavement materials as required to ensure a stable and trafficable surface are to be installed by the contractor on an alignment to be identified and marked on-site by the Superintendent. Secondary Site Access – Riverview Parade. A secondary access point shall be at the end of Riverview Parade adjacent to Site 2. Vehicles and plant accessing the site from this location will be limited to standard vehicles only (passenger and utility vehicles) and no deliveries or plant will be permitted in this location without approval of the Superintendent to use this access point. C1.2.3. Control of Public in Reserves and Street Access Points The access points described above are used extensively by members of the public. If the Contractor proposes to undertake works that involve the movement of other than standard vehicles to these areas, then the Contractor shall provide a suitably qualified traffic controller, to control the movement of pedestrians and other vehicles during the passage of each truck/plant movement. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-3 Tender No: T2009/16 TECHNICAL SPECIFICATION The Contractor shall implement and maintain a Contractors Traffic Management Plan. The plan shall be submitted to the Superintendent not less that two weeks prior to mobilisation to site. C1.2.4. Existing Vehicle Barriers or Gates Where vehicular barriers or gates currently exist at the access points to the site or in reserves, these barriers shall be replaced and locked into position at the end of each working day. Should any barriers or gates be left unlocked by the Contractor, the Principal may instruct a Council Ranger to attend the site to replace and lock and secure the site. All costs associated with a Ranger attending the site and replacement of any locks to the barriers shall be recoverable from the Contractor. C1.2.5. Work within a Lagoon and Beach Environment The site of works under this Contract include public reserves and a downstream recreational beach environment. The public reserves and downstream ocean beach areas are used extensively by the general public for recreational pursuits such as fishing, surfing, swimming and walking. The Contractor shall undertake the works to minimise disruption to the surrounding area, pollution of the surrounding area and downstream beach outside the limits of the works. The Contractor shall be deemed to have visited the site and assessed the location of the works during the Tender Period and allowed in the Tender for any additional works required to avoid conflicts with the public and access the site as required to carry out the works. Refer also Clause C2 SITE INFORMATION. C1.3. CONTRACTOR’S WORKING AREA C1.3.1. General The Contractor’s Working Area shall include the areas referred to below, all excavation areas within the lagoon between high water mark and property fence lines or between high water mark referred to in Clause C1.2.1 BOUNDARY OF WORKS. The Contractor may seek permission from the Superintendent to use parts of the existing lagoon shoreline in addition to the area indicated on the drawings for purposes of undertaking the works. Use of that part or whole of these areas shall not commence until the written permission of the Superintendent is received. The Superintendent shall not be bound to give approval and any such decision may be based on the community need for the area. C1.3.2. Works Compound An area shall be set aside for the exclusive use of the Contractor adjacent to the lagoon bank and Nolan Reserve. The land area will be rectangular in shape and occupy a total maximum area of approximately 200 square metres. The final location of the compound will be advised by the Superintendent not less that seven (7) days before the date for possession of site. The Contractor shall not stockpile or store equipment or materials not required for immediate use outside of the compound area. The compound shall be fenced in accordance with Clause C4.2.2. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-4 Tender No: T2009/16 C1.3.3. TECHNICAL SPECIFICATION Geotube Stock Pile Areas The nominated location for stockpiling of sediment within the Geotubes is at southern edge of Nolan Reserve as shown on Drawing LJ2818-SK01. The area for the stockpile is approximately 2,500m (18m wide x 250m long). The stockpile area shall be fenced in accordance with Clause C4.2.3. C1.3.4. Restrictions The Contractor shall confine its working, storage, accommodation and other facilities to within the Works Compound and the Contractor's Working Area. The Contractor's plant, labour and materials shall be allowed on the site only to the extent necessary for the construction of the Works. C1.3.5. Site Security and Safety The Contractor shall be responsible for the proper and adequate safeguarding of the works, during both working and non-working hours to meet OHS legislation. In particular, the Contractor shall take all necessary steps at all times to safeguard and ensure the safety of any person who may enter or trespass upon any part of the works area. C1.4. SERVICES AND FACILITIES C1.4.1. Contractor's Facilities The Contractor shall be wholly responsible for the provision of offices and sheds at the Site for their use. Offices and sheds required by the Contractor shall only be erected, and equipment stored, within the Contractor’s compound area. The Contractor shall provide temporary sanitary accommodation for the workforce, arrange and pay for the necessary pan service or temporary sewage connection, clean and disinfect the area regularly and shall remove same on completion of the work. The Contractor shall not install or permit employees and sub-contractors to use other facilities within and adjoining the site without permission from the Superintendent. C1.4.2. General Services The Contractor shall arrange for the connection of temporary service lines for water, power, telephone and any other service deemed necessary by the Contractor. All such arrangements shall be in accordance with the requirements of the relevant authority and with the permission of the Superintendent. The Contractor shall meet the cost of accessing and providing these services to the work site as appropriate, their use and their removal at completion. C1.5. EXISTING SERVICES C1.5.1. Due Diligence It is the Contractor's responsibility to investigate the nature and location of all services that might be encountered during the construction of the work and to consult with the relevant authorities with respect to these matters prior to the commencement of any works. Existing services including stormwater, sewer, electricity, gas and telecommunications shall be located, isolated and protected by the Contractor in Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-5 Tender No: T2009/16 TECHNICAL SPECIFICATION accordance with the requirements of the appropriate authority. Amongst other services, a 500mm diameter sewer main traverses the lagoon in an east-west direction in the vicinity of Riverview and Campbell Parades. The contractor shall liaise with Sydney Water and other authorities as appropriate to ensure protection of existing services. The Contractor shall, at his own expense, dig any trial holes it may consider necessary to determine the exact positions of services and repair, as necessary at its own cost, any services it may damage during the course of the Contract. Failure by the Contractor to inform himself of this and to take due care shall not limit it liability for the repair of all services damaged by them. C1.5.2. Damage to Services In the event that the Contractor causes damage to sewer lines, water supply, electricity supply, telecommunication cables or other, and notwithstanding that the damage may have been repaired as a matter of urgency by the Authority responsible for that service, whether at the request of the Contractor or otherwise, and the Superintendent is satisfied that the Contractor has not made payment to the Authority for such repair if it is liable to do so, then it shall be deemed that the Contractor has failed to comply with the requirements of Clause 15 of the General Conditions, and the cost of such repair shall be deducted in accordance with the provisions of that Clause. C1.5.3. Cost of Relocation or Replacement of Existing Services Where an existing pipe or conduit cable (hereafter referred to as service and which is to remain in service after construction of the works) occupies the same space in which a structure is required to be positioned, the Superintendent shall be notified immediately that this conflict is observed. The Contractor shall be responsible for the location of services, and the Principal shall not be responsible for any damage caused by the Contractor to these services. The Contractor shall give notice of its requirements to the Superintendent who shall arrange for the removal or deviation of the service as soon as practicable. The Superintendent may direct the Contractor to carry out the removal and replacement or deviation of the service in which case payment shall be in accordance with Clause 36 of the General Conditions. C1.6. REMOVAL OF SURPLUS SPOIL, RUBBISH AND FINAL CLEANING UP The Contractor shall be responsible for the removal and disposal off-site of all surplus materials and rubbish associated with the works and for the final cleaning up of all areas covered by the Contract which shall be left clean and tidy on completion of the Contract. C1.7. PRE-COMMENCEMENT PHOTO RECORD The Contractor shall provide a report giving a photographic record of the condition of roads, access locations, lagoon banks, and lagoon frontage dwelling walls/fences adjacent to the works area prior to mobilising any plant to the site. The record shall extend along the full extent of all roads proposed to be used by the Contractor. The photographic record shall be undertaken in the presence of the Superintendent. A copy of the photographic record shall be submitted to the Superintendent not less than five (5) days prior to mobilising any plant to site. The photographic record shall be used as a basis by the Superintendent for determining any damage to roads, thoroughfares, fencing and dunes caused by the Contractor. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-6 Tender No: T2009/16 C1.8. TECHNICAL SPECIFICATION CONTRACTORS TRAFFIC MANAGEMENT PLAN The Contractor shall prepare and implement a Contractors Traffic Management Plan for the Works. The plan shall include all approvals as required by the various traffic authorities, including Council, NSW Roads and Traffic Authority and the NSW Police. Obtaining these and any other approval required is the responsibility of the Contractor. The Contractor shall allow for review, revision and reimplementation of the Contractors Traffic Management Plan should any deficiencies or safety issues arise during the Works. The plan and associated approvals shall be submitted to the Superintendent not less than seven (7) days prior to the date for possession of site. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 1-7 Tender No: T2009/16 TECHNICAL SPECIFICATION C2. SITE INFORMATION C2.1. GENERAL This Section sets out site information for Manly Lagoon based on a range of investigations and studies conducted by Warringah and Manly Councils over a number of years. Contractors shall note that the lagoon is subject to a range of hydrological, coastal and estuarine processes including flooding, tidal impacts and sediment movement. Contractors should inform themselves as to the active coastal and estuarine processes that influence lagoon behaviour and review of relevant documents located at: (i) Manly Council - Watercycle Management Technical Library (ii) Warringah Council - Local Studies Section Dee Why Library. The Contractor shall be deemed to have taken into account during the tender period all of the site conditions and to have made allowance for these conditions in the Tender. Relevant documents include but are not necessarily limited to: (a) Manly Lagoon Dredging Project Review of Environmental Factors (Draft) Cardno Lawson and Treloar, October 2009 Report No.LJ2818/Rep2580 (b) Public W Department of Land and Water Conservation (1997) Manly Lagoon Floodplain Management Plan. Report Prepared for Manly Council and Warringah Council. (c) Department of Natural Resources - Estuaries in NSW – Manly Lagoon. Online at: http://naturalresources.nsw.gov.au/estuaries/inventory/manly.shtml [Accessed 2 July 2009] (d) Manly Council and Warringah Council - Manly Lagoon Estuary Management Plan. February 1998. (e) Manly Lagoon Flood Study. June. NSW Public Works Department. Manly Hydraulics Laboratory (1992) (f) Manly Lagoon Proposed Rehabilitation Works Flood Modelling. March. NSW Department of Public Works and Services. Manly Hydraulics Laboratory (2003) (g) Manly Lagoon Estuary Management Study. March. Report Prepared for Warringah and Manly Councils. Patterson Britton & Partners (1995) (h) Manly Lagoon Rehabilitation Works, Site 1, Site and Site 3 Vibrocoring and Push Core Sediment Sampling Exercise. September. Report Prepared for Warringah and Manly Councils. Patterson Britton & Partners (2002) Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 2-1 Tender No: T2009/16 TECHNICAL SPECIFICATION (i) Manly Lagoon Rehabilitation Works, Sediment Removal from Sites 1 and 2, Statement of Environmental Effects. January. Draft Report Prepared for Manly Council and Warringah Council. Patterson Britton & Partners (2003a) (j) Manly Lagoon Rehabilitation Works, Sediment Removal from Sites 3 and 5, Statement of Environmental Effects. August. Report Prepared for Manly Council and Warringah Council. Patterson Britton & Partners (2003b) (k) University of Technology, Sydney (2004) UTS Freshwater Ecology Report 2003: Community Guided Research Focusing on the Manly Lagoon Catchment. Department of Environmental Sciences, University of Technology, Sydney. February. (l) Manly Lagoon Benthic Survey, Cardno Ecology Lab, October 2009. (m) Manly Lagoon Sea Grass Survey and Bank Condition, Carno Ecology Lab, 14 September 2009. (n) Manly Lagoon Water Quality Monitoring Report, Cardno Ecology Lab 2009. (o) Manly Lagoon Dredging Project, Results of Trial Dredging 2, Cardno Ecology Lab 21 September 2009. C2.2. SURVEY Hydrographic cross section surveys of the lagoon have been undertaken by Warringah Council in 1992 and 2009. Information from this survey has been included in the Drawings. Due to a lack of a common cross section locations and datum, the comparison of the 1992 and 2009 surveys and the associated indicative volumes reported cannot be warranted. The Contractor shall undertake further surveys of the lagoon at sites 1 and 2 for purposes of level and construction tolerance control during. The contractor engage a hydrographic surveyor in accordance with to deomonstrate compliance with the excavation requirements in accordance with Clause C8 SURVEY. C2.3. QUEENSCLIFF BEACH OUTLET WIDENING DURING HEAVY RAINFALL During periods of very heavy rainfall, the Lagoon entrance to Queenscliff beach may be widened at Council’s discretion. This activity may have an impact on the behaviour and processes (flow rates, sediment movement, pollution levels) within the Lagoon within the site of works. In addition, release of flows and other management practices at Manly Dam may impact the works. The contractor shall familiarise themselves with management practices and operation of Manly Dam prior to commencement of works. Warringah Councils Team Leader Natural Envirnonment, Todd Disckinson should be contacted for further information regarding Manly Dam on 9942 2111. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 2-2 Tender No: T2009/16 TECHNICAL SPECIFICATION The contractor is deemed to have allowed for such impacts during/following heavy rainfall, opening of the Queenscliff beach entrance and Manly Dam management practices in the contract rates and/or price. C2.4. SEAGRASS BEDS Extensive seagrass beds exist downstream of the propose dredging area. The location of the seagrass beds has been defined by recent mapping undertaken by The Ecology Lab (Report Ref LJ2818A -Manly Lagoon Sea Grass and Bank Condition Survey, 14/09/09) . It is the contractors responsibility to ensure that dredging activities have no impact of the sea grass and to take necessary precautions over and above the the minimum silt curtain measures detailed on the drawings if necessary. Refer Clause C5 PROTECTION OF EXISTING SEAGRASS AREAS. C2.5. CONTROL OF WATER FLOWS The Contractor shall be responsible for controlling the flow of water within, through or around the site throughout the duration of the Contract. Water flows into the site may result from the following sources: (i) (ii) (iii) (iv) Flow within the lagoon due to catchment runoff; Stormwater runoff from the areas adjacent to the site; Tidal inflow from the ocean on a flood tide; Tidal outflow from the lagoon on an ebb tide. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 2-3 Tender No: T2009/16 TECHNICAL SPECIFICATION C3. ENVIRONMENTAL PROTECTION C3.1. GENERAL During the execution of the works the Contractor shall comply with all requirements of Section 7 and the Review of Environmental Factors (REF) contained in the Contract Documents. At least five (5) days prior to commencing clearance works, the Contractor shall prepare an Environmental Management Plan (EMP) for approval by the Superintendent. The Contractor shall ensure that all workers are aware of the environmental requirements of the Contract. Refer Clause SC4 ENVIRONMENTAL PROTECTION. C3.2. EROSION AND SEDIMENT CONTROL The Contractor shall establish and regularly maintain sediment traps, floating sediment booms (silt curtains), silt fencing and diversion drains to stockpiles and other means of sediment control as required by the REF and the Contractors EMP, and Council specifications for sediment and erosion control. The Erosion and Sedimentation Control Plan shall consist of diagrams and supporting documentation indicating the following: (i) The site drainage lines and inlets; (ii) Construction details of all erosion and sedimentation control structures; (iii) All proposed permanent and temporary erosion sedimentation control measures; (iv) Confirmation of proposed location of material stockpiles (Geotubes); (v) Details of the type, size and location of bunds to collect first flush runoff from the Geotubes; (vi) Details of the disposal method of first flush filtrate to Sydney Water’s sewer system or by other means. The selection of appropriate controls shall be the responsibility of the Contractor. C3.3. CONTAMINATION The contractor shall prevent contamination of Manly Lagoon and Queensliff Beach, the ocean and other lands. Should contamination by oil or any other contaminant occur as a result of the Contractor's operations, the contractor shall notify the Superintendent of any such event and shall immediately remove the contamination, and make good any damage arising from such contamination or its removal to the complete satisfaction of the DECCW or appropriate regulatory authority. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 3-1 Tender No: T2009/16 C3.4. TECHNICAL SPECIFICATION DISPOSAL OF EXCESS MATERIAL Where the Contractor supplies and places materials, additional to those required for the construction of the works, for the purposes of construction of the works, all such materials shall be removed at the completion of construction, and the areas restored in accordance with the Specification. C3.5. CLEANING OF ROAD PAVEMENTS It shall be the responsibility of the Contractor to ensure that all external roads and, where utilised, any internal roads are kept clean of materials resulting from the Contractors activities. Roads must be left clean at the end of every working day. Roads shall, where necessary, be swept with a vacuum sweeper to keep the roads safe and trafficable. C3.6. INADEQUATE PROTECTION Failure by the Contractor to protect the environment in accordance with this Specification will be considered a breach of Clause 15 of the General Conditions of Contract and the Superintendent may: (i) suspend part or the whole of the works in accordance with Clause 34.1 of the General Conditions of Contract - which suspension will be deemed due to an omission of the Contractor; or (ii) arrange for the necessary work by others, and costs to be borne by the Contractor, which would be deducted from moneys due or becoming due under this Contract. No notice is required for the Superintendent to act in accordance with (i) or (ii). Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 3-2 Tender No: T2009/16 TECHNICAL SPECIFICATION C4. ESTABLISHMENT AND SETTING OUT OF THE WORKS C4.1. ESTABLISHMENT ON SITE Establishment shall consist of the Contractor furnishing at the site all plant, equipment and personnel necessary for completion of the works. Access to the site is described in Clause C1.2 SITE ACCESS AND CONSTRAINTS. C4.2. FENCING OF THE WORKS AREA C4.2.1. General Prior to the commencement of construction activities temporary fencing, gates and signs shall be established. Temporary fencing shall be erected around the perimeter of all works. Two types of temporary fencing shall be erected as part of the Contract as described below. C4.2.2. Fencing of Contractor’s Compound Temporary fencing of the Contractor’s Compound shall comprise a 1.8 metre high chainwire fence with 40 mm minimum diameter galvanised mild steel posts at a maximum spacing of 3 metre centres. Lockable gates shall be provided at all entrances to the Compound. C4.2.3. Fencing of the Works Area Temporary construction barrier fencing shall be erected around the Geotube stockpile locations on the shoreline and along proposed haulage roads other than public roads and streets. Temporary construction barrier fencing shall comprise 1,800 mm long star posts driven into the ground so that a minimum length of 1,000 mm remains above ground. Locate the star posts around the perimeter of all areas described above at nominal 3,000 mm centres. Use 3 six gauge wires fitted through the posts to secure orange polypropylene woven mesh such as “Budget Barrier” by Tapax Safety Fencing or equivalent to the star posts and properly tension and maintain tensioning throughout the life of the protective barriers. C4.2.4. Maintenance of Fences Maintaining a continuous, visual barrier around the works area is an important component of the works under the Contract, given the high degree of public use of the area. The Contractor shall maintain all fencing to ensure that a continuous barrier is presented to the public at all times at the perimeter of the works area. Maintenance of the fence shall include, but not be limited to, the replacement of any section of the fencing that has been damaged due to vandalism or adverse weather conditions and the refixing or tensioning of sections of the fencing that have come loose. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 4-1 Tender No: T2009/16 TECHNICAL SPECIFICATION Payment due to the Contractor for the fencing may be reduced if the fencing is not maintained in a condition satisfactory the Superintendent. C4.3. SETTING OUT OF THE WORKS The Contractor shall be responsible for setting out the works. The location of the set out points shall be confirmed by the Contractor on site. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 4-2 Tender No: T2009/16 TECHNICAL SPECIFICATION C5. PROTECTION OF EXISTING SEAGRASS AREAS C5.1. GENERAL The Contractor shall take every precaution to avoid damage to seagrass areas. The locations of known seagrass areas is shown on Figure 1 of the Cardno Ecology Lab Report Ref LJ2818A 14/09/09 and reproduced below. The Contractor shall inspect and confirm the extent of seagrass in the vicinity of the Works prior to the clearance operations. Refer also C9 SURVEY. The Contractor shall familiarise itself with relevant legislation administered by NSW Department of Primary Industries (NSW DPI) related to the protection of aquatic vegetation including penalties that breaches may attract. C5.2. REPAIR OF DAMAGED SEAGRASS AREAS Any damage to seagrass beds which, in the opinion of the Superintendent, has been caused by activities of the Contractor will be repaired by Manly Council at the Contractor’s cost. The cost shall include the cost of design, labour, plant and supervision of the repairs. The cost shall be in addition to any penalty imposed under legislation administered by NSW DPI. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 5-1 Tender No: T2009/16 TECHNICAL SPECIFICATION C6. TEMPORARY HAULAGE ROADS FOR EXCAVATION ACTIVITIES C6.1. TEMPORARY HAULAGE ROADS Temporary haulage roads may be required to assist in the movement of excavation material around the various portions of the site. The Contractor shall be responsible for assessing whether temporary roads are required and their construction if necessary. The standard of construction shall be at the discretion of the Contractor to suit the plant and equipment to be used. No haulage roads shall be constructed outside of the fenced construction area unless approved by the Superintendent. The Superintendent may include conditions on any approval to construct haulage roads outside of the fenced area. C6.2. EROSION CONTROL AT SITE ACCESS POINTS Access to the site shall be in accordance with the Clause C1.2 SITE ACCESS AND CONSTRAINTS. At each exit point from the excavation areas a “Stabilised Site Access” shall be installed in accordance with the sketch below. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 6-1 Tender No: T2009/16 C6.3. TECHNICAL SPECIFICATION RESTORATION OF HAULAGE ROADS AREAS At the completion of construction activities the temporary haulage road will be removed and the surface re-instated to its pre-existing condition. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 6-2 Tender No: T2009/16 TECHNICAL SPECIFICATION C7. DREDGING WORKS C7.1. GENERAL The dredging activities shall be undertaken at the location and to the levels shown on the Drawings, except where unsuitable materials are encountered. Refer Clause C7.3 UNSUITABLE MATERIALS. The intent of the project is to excavate accumulated sediment down to previously surveyed levels using a cutter suction dredging plant or similar approved method. Excavation by long reach excavator or similar is not considered appropriate for this site due to access and environmental issues. The tolerances for dredging shall be as follows: (i) +/- 100 mm for dredges level; No dredging is to be undertaken within a horizontal distance from the existing bank greater than twice the depth of the lagoon at any given location. No dredging is to be undertaken within 1 metre of the western bank in the area of the former landfill site at the end of Addiscombe road. Works shall not proceed in this location until such time that the Superintendent has highlighted the relevant area on-site. Determination of any temporary batter slopes required during dredging and the construction of any structure is the responsibility of the Contractor. C7.1.1. Standby Due to Lagoon Entrance Works by Council Payment will be made for authorised standby time between the time that the various plant involved in the operations cease work following the Superintendent’s instruction to cease work and the time that the various plant can reasonably restart, in the event that works are required within the Lagoon or North Steyne entrance that in the opinion of the Superintendent, prohibit dredging activities to be undertaken. The date for practical completion shall be adjusted and shall include only the actual standby time incurred under this heading and on the Critical Path. C7.2. MATERIAL TO BE EXCAVATED The material to be excavated comprises sediments transported into the lagoon by coastal processes, and sediment introduced by run off or stormwater process in the Manly Lagoon catchment area. C7.3. UNSUITABLE MATERIALS Excavation of grey/black estuarine mud’s is to be avoided. Should excavation activity encounter material of this nature before the design excavation level is reached, the Superintendent shall be notified immediately and excavation shall proceed in another area. The location and level of the dark estuarine material shall be noted by the Contractor and advised to the Superintendent. The Superintendent shall modify the excavation design accordingly and issue an instruction to the Contractor in this regard. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S Page 7-1 Tender No: T2009/16 TECHNICAL SPECIFICATION Man-made debris and other deleterious material may be present at the Lagoon bed. The contractor shall remove debris as required to enable dredging to proceed to the levels shown on the drawings or as directed by the Superintendent. Should debris larger than a shopping trolley be encountered, the Superintendent is to be contacted immediately. Following an inspection of the subject item/s, the Superintendent will direct the contractor to remove or avoid the debris. C7.4. EROSION AND SEDIMENT CONTROL Temporary sediment control structures shall be established in accordance with the EMP to be submitted by the Contractor (refer TECHNICAL SPECIFICATION ENVIRONMENTAL PROTECTION). Following installation, these environmental control measures shall require inspection and approval from the Superintendent prior to the commencement of excavation. C7.5. DEWATERING AND STORAGE OF SEDIMENT Indicative areas on the lagoon shoreline have been identified on the drawings for stockpiling of the sediment in Geotubes. The final location of the storage areas will be advised by the Superintendent prior to the Contractors possession of site. An impermeable bund surrounding and under the Geotubes is required to prevent the uncontrolled release of filtrate from the dewatering process re-entering the ground water system. Prior to placement of the dredged sediment into the Geotubes, the contractor is required to ensure addition and adequate mixing of a polymer flocculant conforming to the specifications outlined in Table C7.5 Product ULTIMER 7757 Supplier Nalco Company Ph: 02 9316 3000 Minimum Dosage 25 ppm dilution of sediment slurry Maximum Dosage 100ppm dilution of sediment slurry Table C7.5 Flocculant Details The contractor must be able to demonstrate dosage control to 5 ppm. The first flush filtrate from the geobag is not permitted to be returned to the lagoon. First flush water is defined as that part of the filtrate that has greater than 75% of suspended solids (SS) compared to the filtrate tested at the instant flow is detected from the geobag. A representative of the Principal will supervise will undertake full time supervision of the dewatering process and will determine when the first flush has finished (using a Yeokal 7600 multiprobe or similar to measure SS) and the filtrate can be returned to the lagoon. First flush flows are to be disposed of either off-site or to Sydney Water’s Sewer system. The contractor shall be responsible for obtaining any necessary licences or permits and paying all fees and costs associated with disposal of the first flush water. Under no circumstances shall the first flush filtrate be returned directly to the lagoon. The flow rate to the sewer system is not to exceed the maximum peak and average daill discharge nominated by Sydney Water should this be the preferred method of disposal. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 7-2 Tender No: T2009/16 TECHNICAL SPECIFICATION Filtrate release back into the lagoon following the first flush shall be carried out in a controlled manner which minimises the potential for erosion or increased turbidity in the lagoon. The volume of water contained within the bund and disposed of to Sydney Water’s sewer system or offsite can be minimised by increasing the dosage to the maximum concentration identified in Table C7.5. Should the maximum dosage be exceeded, the contractor would be deemed to be in breach of Clause 14,15 and 17 of the General Conditions of Contract and the Superintendent may: (i) suspend part or the whole of the works in accordance with Clause 34.1 of the General Conditions of Contract - which suspension will be deemed due to an omission of the Contractor; or (ii) arrange for the necessary corrective or clean up works to be undertaken by work by others, with the associated and costs being borne by the Contractor including any associated statutory authority fines, which would be deducted from moneys due or becoming due under this Contract. No notice is required for the Superintendent to act in accordance with (i) or (ii). The Geotubes, bunds and perimeter site fencing is to remain on the Lagoon shoreline for a period of 30 days, or similar period of time as determined by the Superintendent. No dredged materials shall be loaded directly into trucks for transport off-site. C7.6. TREATMENT OF POTENTIAL ACID SULPHATE SOILS The contractor will be responsible for dosing the dredge spoil with lime in order to mitigate the risk posed by the presence of spoil with a known acid sulfate generation potential. The contractor must make provision for the addition of Hydrated Lime at a rate of 0-100 kg per cubic metre of dredged material in order to neutralise potential acid sulphate soils. It is expected that the required rate of lime addition will vary within the lagoon sediments, and the contractor shall ensure representative testing such that the dosage rate continues to be appropriate throughout the treatment process. In line dosing prior to filling of the Geotube is the preferred means of treatment, however the contractor may propose alternative or additional treatment methods including mixing lime with the treated dredge spoil The contractor shall at all times meet the minimum requirements of the Acid Sulfate Soils Management Plan. C7.7. ODOUR CONTROL It will be the contractors responsibility to manage odour at the site of works. The contractor shall outline in the EMP how they plan to minimise or treat odorous emissions, should they arise during dredging, dewatering and/or storage of the sediment for a period of 30 days on the shoreline. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 7-3 Tender No: T2009/16 C7.8. TECHNICAL SPECIFICATION COMMENTS AND COMPLAINTS REGISTER The contractor shall nominate a contact person for all community enquiries, comments and complaints. The name and number of the contact person shall be clearly identified on project signage and on the notice letter to residents (refer Clause SC1.1). The contractor shall establish a comments and complaints register prior to commencement of the works and maintain the register until the expiry of the Defects Liability Period. The register shall contian a log of written and verbal comments or complaints including time and date of complaint, contact name and telephone number. The complaints register shall be tabled at each site meeting to be held at least once every two weeks. The contract shall relay all complaints directly to the Superintended within a reasonable timeframe of the complaint being made (at least on the same working day). C7.9. REMOVAL OF DREDGED SEDIMENT FROM THE SITE OF WORKS Following expiry of the 30 day dewatering period the Principal will arrange for removal of the dredged sediment from site provided no further treatment of the sediment by the Contractor is required in order to meet the requirements of this specification. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S 7-4 Tender No: T2009/16 TECHNICAL SPECIFICATION C8. SURVEY C8.1. GENERAL The Contractor shall engage NSW Department of Commerce to carry out the Work as Executed Survey following completion of the works. The Contractor shall be responsible for all survey control required to ensure that dredging quantities and tolerances are met. C8.2. TYPES OF SURVEY AND SURVEY DETAIL. C8.2.1. Pre-Excavation Survey A pre-excavation hydro-graphic survey was undertaken by NSW Department of Commerce in May 2009. This Survey is included in the documents for use by the Contractor and will be used as the baseline survey to which the WAE survey is compared for the purposes of assessing C8.2.2. Progress Survey At the discretion of the Superintendent, progress surveys may be arranged for project assessment and planning purposes. The Contractor will be provided with a minimum three (3) days notice prior to any field work for the progress survey being commenced. The contractor shall submit a survey volume assessment by a registered surveyor of the stockpiled sediment each progress claim. C8.2.3. Work As Executed Surveys The Work as Executed Survey carried out by NSW Department of Commerce is to be prepared using identical benchmarks, datums and cross section locations to the Predredging survey. The survey will be used to determine conformance of the dredging activities with the project requirements. The Work- As Executed survey shall be carried out not less than seven (7) days following completion of dredging activities. Two (2) hard copies of the Works-As Executed certified by a registered surveyor and an electronic version including 3D coordinates is to be submitted to the Superintendent not more than twenty one (21) days following completion of the works. The Principal will engage a registered surveyor to carry out a volume assessment of the stockpiled sediment at the expiry of the 30 day dewatering period which will be used for measurement purposes and processing of the Contractors final progress claim (Refer Clause C10). Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S Page 8-1 Tender No: T2009/16 TECHNICAL SPECIFICATION C9. COMPLETION Upon completion of the works, the site shall be cleared of all surplus materials, plant, equipment, signs and notice boards, temporary fences and gates, and the like, to the satisfaction of the Superintendent. Any areas and existing structures (eg fencing, kerbs, road pavement) or natural surfaces (grassed areas, lagoon banks, trees and vegetation) which have been disturbed by the Contractor during execution of the work under this Contract shall be fully restored/rehabilitated to the satisfaction of the Superintendent. The existing permanent floating boom shall be reinstalled to the satisfaction of the superintendent as soon within five (5) days of completion of dredging activities. The contractor is responsible for security and safety of the site from the date for possession of site to the expiry of the 30 day dewatering period unless otherwise directed by the Superintendent. Appendix K - Technical Specification.doc MANLY AND WARRINGAH COUNCIL’S Page 9-1 Appendix L Protected Bird Nesting Sites From: Scott Butcher Sent: Friday, 30 October 2009 9:49 AM To: Todd Dickinson Cc: Jason Ruszczyk; Jacqueline Grove; Nathan Smith Subject: Manly Lagoon Little Shag Colonies Guys Yesterday Jason and myself to Manly Lagoon and found two colonies of little shag nesting in the Casuarinas on the edge of Manly Lagoon. 1 of the 2 colonies was at the eastern end of Riverview parade and consisted of 4 nests in total, 2 of which had breeding activity, (one with young in the nests and the other with a bird sitting etc) there were at least 6 adult birds present at the colony. There was also some very young Darters present at this colony which looked like they may have only just fledged, suggesting that they may have nested at this same location. The second nesting location was behind 42 and 44 Riverview Parade had a single nest present with one bird sitting, there were about 8 adults present at this site. The nest was also in a Casuarina. These are the first colonies of nesting shags/darters that I have seen in Warringah, although I would think that there are other colonies elsewhere in the LGA. Cheers, Scott Scott Butcher | Environmental Projects Officer | Warringah Council 725 Pittwater Road DEE WHY NSW 2099 t: 02 9942 2375 f: 02 9971 2691 Page 1 of 2 From: Scott Butcher Sent: Friday, 30 October 2009 1:56 PM To: Sue Jacobs Cc: Todd Dickinson; Jason Ruszczyk Subject: RE: Manly Lagoon Little Shag Colonies Hi Sue Little Pied Cormorant (Microcarbo melanoleucos) is usual name. These birds look as though there breeding effort is in full swing at the present time, one bird (at least) was sitting on eggs and another had a nest with young that would have been no older than about 2 weeks. A field guide should give a more accurate idea of the full incubation and fledging period, off the top of my head I am not sure exactly what it is but would be at least 4 weeks. For the incubation and until they fledge, these birds would still be using the nest site. I am unsure of the breeding cycle here is Sydney, in other places colonies can be active pretty much year round. It would pay to monitor the two sites to see if they keep breeding through summer. A map is attached with the location of the two nesting locations; both can be easily accessed from Riverview parade. Thanks, Scott Scott Butcher | Environmental Projects Officer | Warringah Council 725 Pittwater Road DEE WHY NSW 2099 t: 02 9942 2375 f: 02 9971 2691 Page 2 of 2 LJ2818 LITTLE PIED CORMORANT NESTING SITES AT MANLY LAGOON FIELD OBSERVATIONS – Thursday, 12 November 2009 The locations of Nesting Sites 1 and 2 are indicated on MAP 1. These locations were determined using a GPS device, recorded at the base of the nesting trees on the day of the field observations. MAP 1: Nesting Sites 1 and 2 of the Little Pied Cormorant at Manly Lagoon. CARDNO Page 1 LJ2818 NESTING SITE 1: End of Riverview Parade This nesting site was inspected between 8:30am and 9:30am. Up to 10 birds were observed at this site, within the one Casurina tree, including Little Pied Cormorants (Phalacrocorax melanoleucos), Darters (Anhinga melanogaster) and Little Black Cormorants (Phalacrocorax sulcirostris) (PHOTO 1). Between four and six adult Little Pied Cormorants were present during the hour this site was observed. Three nests were present in the Casurina tree, which extends over Manly Lagoon and has its base directly on the bank, adjacent to the waterway (PHOTO 2). Two of the nests contained three and four Little Pied Cormorant chicks, respectively. Neither nest had an adult present full time; however three feedings were observed at these two nests by adult Little Pied Cormorants (PHOTO 3 and PHOTO 4). These chicks were relatively small (the nest of four chicks appeared smaller and younger than the nest of three), not yet the size of the adult bird, black in colour with a red, hairless patch of skin below their beaks (PHOTO 5). The third nest contained three large Darter chicks, which still had white down but appeared almost the size of the adult male Darter feeding them (PHOTO 6). One feeding at this nest was observed. One Darter fledgling was also noted sitting in the tree, sitting away from any of the nests but distinctly a Darter fledgling because it still had whiter downy feathers. Continuous noise was present at this nesting site from excavation/earthworks occurring at the Manly Golf Course site, directly across the Lagoon (approximately 50m away) (PHOTO 7). Manly Golf Course earthworks appeared to extend right to the bank of the opposite foreshore and truck movement / machinery engine noise could be heard quite loudly and continuously during the site inspection of Nesting Site 1. None of the birds appeared to be disturbed by this consistent construction noise. Three vehicles used the end section of Riverview Parade in the one hour this site was observed and about five residents were noted leaving/entering their houses and in their yards during this time. The nearest residences along Riverview Parade are approximately 30m to 40m from the nesting site. The birds were not disturbed by these vehicle/people movements. The birds also did not appear disturbed or agitated due to my presence during observations, and I was even able to walk right to the base of the tree during feeding of the chicks with no movement of the adult birds. CARDNO Page 2 LJ2818 PHOTO 1: A Little Black Cormorant and two Darters (from left to right) sitting in the Casurina tree at Nesting Site 1, at the end of Riverview Parade. PHOTO 2: The Casurina tree (centre of photo) containing the three nests (circled), directly on the bank of Manly Lagoon. CARDNO Page 3 LJ2818 PHOTO 3: A Little Pied Cormorant feeding the nest containing three Little Pied Cormorant chicks at Nesting Site 1. PHOTO 4: The Little Pied Cormorant immediately after feeding the nest of three chicks at Nesting Site 1. CARDNO Page 4 LJ2818 PHOTO 5: Two of the three Little Pied Cormorant chicks in their nest at Nesting Site 1, with black down and the red under their beaks visible. PHOTO 6: One of the three Darter chicks in the third nest being fed by a male Darter at Nesting Site 1, with white downy feathers and almost the size of the adult bird. CARDNO Page 5 LJ2818 PHOTO 7: Earthworks (arrow) taking place on Manly Golf Course on the opposite bank, approximately 50m away from Nesting Site 1, creating substantial construction noise during site observations. CARDNO Page 6 LJ2818 NESTING SITE 2: Behind 46 Riverview Parade This nesting site was inspected between 9:30am and 9:50am. Significantly less activity was present at Nesting Site 2, behind 46 Riverview Parade, compared with Nesting Site 1, at the end of Riverview Parade. One Little Pied Cormorant (Phalacrocorax melanoleucos) was observed at this second nesting site, sitting on a nest (PHOTO 8) in a Casurina tree. No chicks were observed, so the bird was likely sitting on eggs. One female Darter (Anhinga melanogaster) was also observed sitting on her nest in the same Casurina tree. Chick noises could be heard and two quite small, recently hatched chicks were seen in the nest, underneath the Darter. More Darter chicks may have been present in this nest. One Little Black Cormorant (Phalacrocorax sulcirostris) was also observed sitting in the tree nearby to the two nests. No other birds were noted at this site over the 20 minute period this site was observed. No feeding activity was observed and no other nests were noted. No construction noise from the Manly Golf Course earthworks could be heard at this site and no residents or vehicles were observed, as the site is located at the back of properties on Riverview Parade, specifically at the back of 46 Riverview Parade. Only one person passed the site on the opposite bank of the Lagoon, using the walking track, during site observations. The Casurina the birds were nesting in extends quite far out over the Lagoon, possibly a third of the way over the Lagoon, as the Lagoon is quite narrow at this point (approximately 30m to 40m) (PHOTO 9). Other Casurina trees behind 40, 42 and 44 Riverview Parade were also inspected for nesting birds, specifically nesting Little Pied Cormorants. Warringah Council indicated that the Little Pied Cormorant nest at this site was located behind 42 and 44 Riverview Parade; however it is believed that the nesting birds noted behind 46 Riverview Parade are the same observed by Warringah Council. CARDNO Page 7 LJ2818 PHOTO 8: A Little Pied Cormorant (circled) and a Darter (from left to right) sitting on their nests in the Casurina tree at Nesting Site 2. PHOTO 9: The Casurina tree branches (centre of photo) containing the two nests, directly on the bank of and extending over Manly Lagoon at Nesting Site 2. CARDNO Page 8 LJ2818 REFERENCES All birds at the nesting sites were identified using the following: Morcombe, M. (2003) Field Guide to Australian Birds. Revised Edition. Steve Parish Publishing. Queensland. CARDNO Page 9 Appendix M Compound Location on Nolan Reserve Appendix N Flora and Fauna Assessment – Seven Part Tests UPDATED MANLY LAGOON DREDGING FLORA AND FAUNA ASSESSMENT Nathan Smith and Joseph Horvath, 8 January 2010 1 SUMMARY AND CONCLUSIONS This Flora and Fauna Assessment was undertaken in order to validate background and desktop research provided in Cardno (2009) Review of Environmental Factors for the Manly Lagoon Dredging Project. Validation was required to determine the presence and/or likelihood of occurrence and impacts associated with the dredging project on species, populations and ecological communities listed under the NSW Threatened Species Conservation Act 1995 (TSC Act) and those listed as matters of National Environmental Significance (NES) under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). 1.1 Impacts of the Proposal The proposal seeks to dredge the bed of Manly Lagoon for the section extending from the footbridge at Nolan Reserve to the end of Riverview Parade. The dredging operation will be conducted from a floating barge within the lagoon itself which will present minimal direct impact. Associated impacts however include the laying of flexible piping through areas of native vegetation to extract sediment and the establishment of a shore-based site compound for the temporary storage and treatment of removed sediment. Although located within the cleared areas of Nolan Reserve, there is the potential for indirect impacts to occur whist the compound is in operation due to accidental damage to native vegetation and contamination by removed sediment and water. An additional potential impact that may occur is undermining of the lagoon banks during the dredging process, which has the potential to result in damage to adjacent tree roots and bank subsidence thus potentially impacting on native vegetation (Cardno 2009). Access to the lagoon via the barge may also pose a potential impact on native vegetation. The location of the access point has not yet been established, therefore if the access point requires any damage or removal of any native vegetation an additional assessment is to be undertaken. 1.2 NSW Assessment Two threatened fauna species listed under the TSC Act were identified as potentially occurring on the Study Area; • The Black Bittern; and • Glossy Black-cockatoo. Two Endangered Ecological Communities (EECs) as listed under the TSC Act were identified on the Study Area; • Swamp Sclerophyll Forest on Coastal Floodplains; and • Swamp Oak Floodplain Forest. Assessments of Significance (Seven Part Tests) undertaken on these species and ecological communities under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act) concluded that the proposal is unlikely to result in significant impacts on these species and ecological communities. 1.3 Commonwealth Assessment Two species listed as matters of NES under the EPBC Act were identified on the Study Area; • Latham’s Snipe; and • Egrets. Significant Impact Criteria applied to these species under the EPBC Act concluded that the proposal is unlikely to result in significant impacts on these species. 2 FLORA 2.1 Flora Survey Methods The site was visited on Monday, 4 January 2010 by Nathan Smith and Joseph Horvath, Biodiversity Officers with Warringah Council. Flora surveys and identification of ecological communities were undertaken according to the random meander method (Cropper 1993). Specific points along the banks of the lagoon were also assessed to validate existing vegetation mapping and assess the condition of the site. 2.2 Flora Results Plant Species A total of 94 plant species were identified during the survey. Of these approximately 40% were native species, with 37 native and 57 introduced species present. No plants listed under either the TSC Act or EPBC Act were identified within the Study Area. Two plants considered to be threatened in Northern Sydney were identified with two plants considered to be threatened in Warringah LGA also identified. Threatened in Northern Sydney: Threatened in Warringah: • Isolepis fluitans • Alternanthera denticulata • Eucalyptus robusta • Melaleuca nodosa Plant Communities The Study Area is located in a region with a range of ecological communities. Table 1. Ecological Communities identified within region. Status TSC Act Status EPBC Act Not listed Not listed Not listed Not listed Not listed Not listed Occurrence within Study Area Nil Nil Nil Not listed Endangered Nil Not listed Critically Endangered Nil Swamp Oak Floodplain Forest Endangered Not listed Swamp Sclerophyll Forest on Coastal Floodplains Endangered Not listed Not listed Not listed Not listed Not listed Ecological Community Coastal Dune Heath Coastal Sandstone Heath Coastal Sandstone Heath Eastern Suburbs Banksia Scrub of the Sydney Region Littoral Rainforest and Coastal Vine Thickets of Eastern Australia Sydney Sandston Ridgetop Woodland Sydney Sandstone Gully Forest Occurs within Study Area. Subject to 7Part Test Occurs within Study Area. Subject to 7Part Test Nil Nil Areas of native vegetation are present along both sides of the Lagoon and generally consist of Swamp Oak Floodplain Forest and Swamp Sclerophyll Forest on Coastal Floodplains. These ecological communities are listed under the TSC Act as Endangered Ecological Communities (EEC’s). No other EEC’s are located within the vicinity of the Study Area. Both remnant and regrowth vegetation is present along sections of the lagoon. A number of introduced species make up the composition of the ecological communities. Degrees of infestation vary along the banks with areas of Swamp Oak Floodplain Forest generally in better condition. Bush regeneration is currently being undertaken along parts of the northern bank. The points below represent areas of vegetation located along the length of the Study Area (refer to Map 1 for location of points): A. Vegetation community confirmed as Swamp Sclerophyll Forest on Coastal Floodplains (Estuarine Reedland). Considered to be in poor condition and non-resilient. Common species include Phragmites australis, Ipomoea cairica and Stenotaphrum secundatum. B. Vegetation community confirmed as Swamp Sclerophyll Forest on Coastal Floodplains (Estuarine Reedland). Considered to be in poor condition and non-resilient. Common species include Phragmites australis, Commelina cyanea, Stenotaphrum secundatum and Acetosa sagittata. C. Vegetation community confirmed as Swamp Sclerophyll Forest on Coastal Floodplains (Estuarine Reedland). D. Vegetation community confirmed as Swamp Sclerophyll Forest on Coastal Floodplains (Estuarine Reedland). E. Identified as containing assemblages of both Swamp Oak Floodplain Forest and Swamp Sclerophyll Forest on Coastal Floodplains. F. Identified as containing Swamp Oak Floodplain Forest. G. Identified as containing Swamp Oak Floodplain Forest. H. Consists of remnant Swamp Oak Floodplain Forest now partly cleared. Assumed to be part of adjacent Golf Course redevelopment, presumably subject to a Development Application. Q and P. Identified as consisting of an unnatural landscape with a Casuarina glauca overstorey with Phragmites australis also present on the bank. I, K, L, M, N and O. All considered to contain highly modified assemblages of Swamp Oak Floodplain Forest. J. Suspect remnant Melaleuca ericifolia therefore likely to contain remnant Swamp Sclerophyll Forest on Coastal Floodplain 2.3 Flora Impact Assessment NSW Assessment The Assessment of Significance (Seven Part Test) under the EP&A Act was applied to Swamp Sclerophyll Forest on Coastal Floodplains and Swamp Oak Floodplain Forest as assemblages of these EEC’s occur within the Study Area. It was concluded that the proposal is unlikely to result in a significant impact on the local occurrence of these EEC’s (Appendix 4). Commonwealth Assessment No threatened flora or communities as listed on the EPBC Act were detected in the study area. 3 FAUNA 3.1 Fauna Survey Methods Fauna was surveyed by undertaking habitat searches, noting any opportunistic sightings, scats or tracks and a specific aquatic bird survey. Condition of fauna habitat was also assessed. A bird survey of the Study Area was conducted for the Manly Lagoon area by Jason Ruszczyk and Scott Butcher during December 2009. 3.2 Fauna Results Animal Species A total of 28 animal species were identified within the Study Area. Two of these are introduced species. No fauna species listed as threatened under the TSC Act and/or EPBC Act were identified. Latham’s Snipe and Egrets were identified within the Study Area. These species are matters of NES and are listed as Migratory under the EPBC Act. Fauna Habitats Fauna habitats identified within the Study Area include woodland, grassland, small areas of shrubland and also aquatic habitat. The Study Area is considered to constitute potential habitat for several species listed under both the TSC Act and EPBC Act. Potential habitat is present on the site for threatened species including the Swift Parrot, Grey-headed Flying Fox, Black Bittern and Glossy Black-cockatoo. 3.3 Fauna Impact Assessment NSW Assessment Habitat for the Swift Parrot and Grey-headed Flying Fox is limited and unlikely to be significantly impacted on by the proposal. Habitat for the Black Bittern and Glossy Black-cockatoo is however somewhat more substantial therefore these species are subject to further assessment. The Assessment of Significance (Seven Part Test) under the EP&A Act was applied to the Glossy Black-cockatoo and the Black Bittern. It was concluded that the proposal is unlikely to result in a significant impact on local populations of threatened fauna as listed on the TSC Act (Appendix 4). State Environmental Planning Policy (SEPP) 44 Koala Habitat Protection does not apply to Warringah LGA. Clause 59 Koala Habitat Protection of the Warringah LEP is however applicable to this proposal as the Study Area is larger that 1 hectare in size. A number of feed trees (Eucalyptus robusta) were identified as occurring within the Study Area. The total number of feed trees however are not considered to comprise 15% or more the total number of trees on the subject. Therefore the Study Area is not considered to contain potential Koala Habitat under this Clause. Commonwealth Assessment Significant Impact Criteria for Migratory species under the EPBC Act were applied for Latham’s Snipe and Egrets as they were identified as being present within the Study Area. It was concluded that the proposal is unlikely to result in a significant impact on threatened or migratory fauna as listed on the EPBC Act (Appendix 5). 4 REFERENCES Butcher S. and Ruszczyk J. (2009). Manly Lagoon Wetland Bird Survey. Warringah Council, Cromer. Cardno (2009). Manly Lagoon Dredging Project - Review of Environmental Factors – Report to Warringah Council. Cardno Lawson Treloar Pty Ltd, Gordon. Cropper S. C (1993). Management of Endangered Plants. CSIRO, East Melbourne. APPENDICES Appendix 1. Flora Species Recorded at Manly Lagoon * = Introduced species, W = Threatened in Warringah, S = Threatened in Northern Sydney SCIENTIFIC NAME COMMON NAME Acacia linifolia Acacia longifolia var. longifolia Acacia longifolia var. sophorae Acacia myrtifolia Acacia terminalis subsp. angustifolia Acetosa sagittata Alternanthera denticulata Alternanthera pungens Amaranthus sp. Anagalis arvensis Anredera cordifolia Araujia sericifera Asparagus aethiopicus Asparagus officinalis Banksia integrifolia subsp. integrifolia Baumea juncea Brachychiton acerifolius Brassica sp. Bromus sp. Callistemon linearis Cardiospermum grandiflorum Casuarina glauca Cestrum parqui Chenopodium album Cinnamomum camphora Clematis aristate Commelina cyanea Coprosma repens Cynodon dactylon Dianella caerulea var. producta Dodonea triquetra Echinochloa sp. Ehrharta erecta Eleusine indica Erythrina crista-galli Erythrina x sykesii Eucalyptus parramattensis subsp. parramattensis Eucalyptus robusta Eucalyptus beyeri Ficus rubiginosa Fumaria sp. Glochidion ferdinandi var. ferdinandi Grevillea robusta Hardenbergia violacea Hydrocotyle bonariensis Hypochaeris radicata Imperata cylindrica Ipomoea cairica Ipomoea indica Isolepis fluitans Jacaranda mimosifolia Juncus krausii Lantana camara Lepedium sp. Leptosperum laevigatum Ligustrum lucidum Lomandra longifolia Lycopersicon sp. Flax-leaved Wattle Sydney Golden Wattle Golden Wattle Myrtle Wattle Sunshine Wattle Turkey Rhubarb Lesser Joy Weed Khaki Weed Amaranthus Scarlet Pimpernel Madeira Vine Moth Vine Asparagus Fern Garden Asparagus Coastal Banksia Twig-rush Flame tree Brassica Brome Brass Narrow-leaved Bottlebrush Balloon Vine Swamp She-Oak Green Cestrum Fat Hen Camphor Laurel Old Man’s Beard Scurvy Weed Copromsa Common Couch Blue Flax Lily Common Hop Bush Barnyard Grass Ehrharta Crow’s foot Grass Cockspur Coral Tree Parramatta Red Gum Swamp Mahogany Beyer’s Ironbark Fig Fumaria Cheese Tree Silky Oak False Sarsaparilla Pennywort Catsear Bladey Grass Mile a Minute Blue Morning Glory Isolepis Jacaranda Sea Rush Lantana Peppercress Coastal Tea-tree Broad-leaf Privet Mat Rush Tomato STATUS * W * * * * * * * * * * * * * * * * * * * * S * * * * * * S * * * * * SCIENTIFIC NAME COMMON NAME Melaleuca armillaris subsp. armillaris Melaleuca hypericifolia Melaleuca nodosa Melaleuca quinquenervia Melaleuca styphelioides Modiola caroliniana Morus alba Ochna serrulata Olea europaea subsp. africana Ulmus parviflora Opuntia sp. Parietaria judaica Pennisetum clandestinum Persicaria hydropiper Phoenix canariensis Phragmites australis Phyllanthus tenellus Pittosporum undulatum Plantago lanceolata Portulaca oleracea Ricinus communis Rumex sp. Salix matsudana ‘Tortuosa’ Salix sp. Schinus molle Senna pendula Sida rhombifolia Solanum nigrum Sonchus oleraceus Sporobolus africanus Stenotaphrum secundatum Tagetes minuta Tetragonia tetragonoides Tradescantia fluminensis Verbena bonariensis Viminaria juncea Bracelet Honeymyrtle Paperbark Ball Honeymyrtle Broad-leafed Paperbark Prickly-leaved Paperbark Red-flowered Mallow Mulberry Mickey Mouse Plant African Olive Chinese Elm Prickly Pear Asthma Weed Kikuyu Knotweed Phoenix Palm Native Reed Phyllanthus Sweet Pittosporum Plantain Pig Weed Castor Oil Plant Dock Tortured Willow Willow Peppercorn Cassia Paddy’s Lucerne Blackberry Nightshade Sow Thistle Parramatta Grass Buffalo Grass Stinking Roger New Zealand Spinach Wandering Jew Purple Top Golden Spray STATUS W * * * * * * * * * * * * * * * * * * * * * * * * * Appendix 2. Fauna Species Recorded at Manly Lagoon * Denotes introduced species, P = Protected, M = Migratory (EPBC Act), U = Unprotected SCIENTIFIC NAME BIRDS Gymnorhina tibicen Threskiornis molucca Chenonetta jubata Coracina novaehollandiae Gallirallus philippensis Anas castanea Ocyphaps lophotes Anhinga melanogaster Anas sp. * Gallinula tenebrosa Ardea sp. Phalacrocorax carbo Cracticus torquatus Anas gracilis Phalacrocorax sulcirostris Phalacrocorax melanoleucos Grallina cyanoleuca Venellus miles Manorina melanocephala Anas superciliosa Pelecanus conspicillatus Porphyrio porphyrio Larus novaehollandiae Gallinago hardwickii Hirundo neoxena Egretta (Ardea) novaehollandiae Rhipidura leucophrys MAMMALS Canus familiaris * COMMON NAME STATUS Australian Magpie Australian White (Sacred) Ibis Australian Wood duck Black-faced Cuckoo-shrike Buff banded rail Chestnut teal Crested Pigeon Darter Domestic duck Dusky moorhen Egret Great cormorant Grey Butcher Bird Grey teal Little black cormorant Little pied cormorant Magpie-lark Masked Lapwing Noisy Miner Pacific black duck Pelican Purple swamphen Silver gull Latham’s Snipe Welcome Swallow White-faced Heron Willy Wag-tail P P P P P P P P U P M P P P P P P P P P P P P M P P P Domestic Dog U Appendix 3A. Flora Likelihood of Occurrence Table Habitat potential for flora species and/or habitat previously recorded within 5km of the Study Area on DECCW Atlas of NSW Wildlife and EPBC Act Protected Matters Report. TSC Act; E1 = Endangered, E2 = Endangered Population, E4 = Extinct, E4A = Critically Endangered, V = Vulnerable EPBC Act; E = Endangered, V = Vulnerable Species TSC Act EPBC Act E1 V E1 E E1 E Acacia bynoeana Acacia terminalis subsp. terminalis Allocasuarina portuensis Apatophyllum constablei E Caladenia tessellata E1 V Callistemon linearifolius V Chamaesyce psammogeton E1 Cryptostylis hunteriana V V Darwinia biflora V Epacris purpurascens var. purpurascens V V Preferred Habitat Likelihood of Occurrence Found in central eastern NSW, from the Hunter District (Morisset) south to the Southern Highlands and west to the Blue Mountains. Occurs in heath or dry sclerophyll forest on sandy soils. Prefers open, sometimes slightly disturbed sites such as trail margins, edges of roadside spoil mounds and in recently burnt patches. Limited distribution between Botany Bay to the northern foreshore of Port Jackson. Coastal scrub and dry sclerophyll woodland on sandy soils. Habitat is generally sparse and scattered. Most areas of habitat or potential habitat are small and isolated. Most sites are highly modified or disturbed due to surrounding urban development. Only known from one location at Nielsen Park. Coarse, highly siliceous shallow sandy soils. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Previously known from four sites, three of which are within Wollemi National Park near Gospers Mountain and Coorongooba Creek, the fourth of which is about 2 km from Glen Davis. Occurs in dry sclerophyll forest on slopes with a north to north-westerly aspect. It typically grows near cliffs (i.e. near the base or just above). The soils at sites are sandy and skeletal, mostly on Narrabeen sandstone. Found in association with Eucalyptus piperita, E. punctata, E. sparsifolia, Banksia serrata, Acacia linifolia, Cleistochloa rigida, Lomandra obliqua. Known from the Sydney area (old records), Wyong, Ulladulla and Braidwood in NSW. Populations in Kiama and Queanbeyan are presumed extinct. It was also recorded in the Huskisson area in the 1930s. The species occurs on the coast in Victoria from east of Melbourne to almost the NSW border. Generally found in grassy sclerophyll woodland on clay loam or sandy soils, though the population near Braidwood is in low woodland with stony soil. Recorded from the Georges River to Hawkesbury River in the Sydney area, and north to the Nelson Bay area of NSW. For the Sydney area, recent records are limited to the Hornsby Plateau area near the Hawkesbury River. Currently only 5-6 populations in the Sydney area, of the 22 populations recorded in the past. Three of these are reserved in Ku-ring-gai Chase National Park, Lion Island Nature Reserve, and Spectacle Island Nature Reserve. Grows in dry sclerophyll forest on the coast and adjacent ranges. Found sparsely along the coast from south of Jervis Bay (at Currarong, Culburra and Seven Mile Beach National Park) to Queensland (and Lord Howe Island). Grows on fore-dunes and exposed headlands, often with Spinifex (Spinifex sericeus). Recorded from as far north as Gibraltar Range National Park south into Victoria around the coast as far as Orbost. Also recorded at Nelson Bay, Wyee, Washpool National Park, Nowendoc State Forest, Ku-Ring-Gai Chase National Park, Ben Boyd National Park. Does not appear to have well defined habitat preferences and is known from a range of communities, including swamp-heath and woodland. The larger populations typically occur in woodland dominated by Scribbly Gum (Eucalyptus sclerophylla), Silvertop Ash (E. sieberi), Red Bloodwood (Corymbia gummifera) and Black Sheoak (Allocasuarina littoralis); appears to prefer open areas in the understorey of this community and is often found in association with the Large Tongue Orchid and the Tartan Tongue Orchid. Occurs at 129 sites in the northern and north-western suburbs of Sydney, in the Ryde, Baulkham Hills, Hornsby and Ku-Ring-Gai local government areas. Occurs on the edges of weathered shale-capped ridges, where these intergrade with Hawkesbury Sandstone. Associated overstorey species include Eucalyptus haemastoma, Corymbia gummifera and/or E. squamosa. The vegetation structure is usually woodland, open forest or scrub-heath. Recorded from Gosford in the north, to Narrabeen in the east, Silverdale in the west and Avon Dam vicinity in the South. Found in a range of habitat types, most of which have a strong shale soil influence. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Species TSC Act EPBC Act Eucalyptus camfieldii V V V V E1 E Eucalyptus nicholii Grevillea caleyi Hibbertia superans E1 Melaleuca biconvexa V V V V Melaleuca deanei Microtis angusii E1 E E1 E E4 Extinct V V Persoonia hirsuta Persoonia laxa Pimelea curviflora var. curviflora Prostanthera junonis E1 E E4A Extinct Prostanthera marifolia Preferred Habitat Likelihood of Occurrence Restricted distribution in a narrow band with the most northerly records in the Raymond Terrace Area south to Waterfall. Localised and scattered distribution includes sites at Norah Head (Tuggerah Lakes), Peats Ridge, Mt Colah, Elvina Bay Trail (West Head), Terrey Hills, Killara, North Head, Menai, Wattamolla and a few other sites in Royal National Park. Poor coastal country in shallow sandy soils overlying Hawkesbury sandstone. Occurs mostly in small scattered stands near the boundary of tall coastal heaths and low open woodland of the slightly more fertile inland areas. Widely planted as an urban street tree and in gardens but is quite rare in the wild. It is confined to the New England Tablelands of NSW, where it occurs from Nundle to north of Tenterfield. Grows in dry grassy woodland, on shallow and infertile soils, mainly on granite. Restricted to an 8km square area around Terrey Hills, approximately 20km north of Sydney. Occurs in three major areas of suitable habitat, namely Belrose, Ingleside and Terrey Hills/Duffys Forest within the Ku-ringgai, Pittwater and Warringah Local Government Areas. All natural remnant sites occur within a habitat that is both characteristic and consistent between sites. All sites occur on the ridgetop between elevations of 170 to 240m asl, in association with laterite soils and a vegetation community of open forest, generally dominated by Eucalyptus sieberi and E. gummifera. Occurs from Baulkham Hills to South Maroota in the northern outskirts of Sydney. Occurs on sandstone ridgetops often near the shale/sandstone boundary. Occurs in both open woodland and heathland, and appears to prefer open disturbed areas, such as tracksides. Only found in NSW, with scattered and dispersed populations found in the Jervis Bay area in the south and the Gosford-Wyong area in the north. Biconvex Paperbark generally grows in damp places, often near streams or low-lying areas on alluvial soils of low slopes or sheltered aspects. Occurs in two distinct areas, in the Ku-ring-gai/Berowra and Holsworthy/Wedderburn areas respectively. There are also more isolated occurrences at Springwood (in the Blue Mountains), Wollemi National Park, Yalwal (west of Nowra) and Central Coast (Hawkesbury River) areas. The species grows in heath on sandstone. Currently only known from one site at Ingleside in the north of Sydney. The Ingleside population occurs on soils that have been modified but were originally those of the restricted ridgetop lateritic soils in the Duffys Forest – Terrey Hills – Ingleside and Belrose areas. It is not easy to define the preferred natural habitat of this orchid as the Ingleside location is highly disturbed. Not identified on site. Not likely to occur. Recorded in the Sydney coastal area (subsp. hirsuta – Gosford to Berowra to Manly to Royal National Park), the Blue Mountains area (subsp. evoluta – Springwood, Lithgow, Putty) and the Southern Highlands (subsp. evoluta – Balmoral, Buxton, Yanderra and Hill Top areas). Found in sandy soils in dry sclerophyll open forest, woodland and heath on sandstone. It is usually present as isolated individuals or very small populations. Extinct Confined to the coastal area of Sydney between northern Sydney in the south and Maroota in the north-west. Former range extended south to the Parramatta River and Port Jackson region including Five Dock, Bellevue Hill and Manly. Occurs on shale/lateritic soils over sandstone and shale/sandstone transition soils on ridgetops and upper slopes amongst woodlands. Has an inconspicuous cryptic habit as it is fine and scraggly and often grows amongst dense grasses and sedges. It may not always be visible at a site as it appears to survive for some time without any foliage after fire or grazing, relying on energy reserves in its tuberous roots. Has a north-south range of approximately 19 km on the Somersby Plateau in the Gosford and Wyong local government areas. It occurs on both the Somersby and Sydney Town soil landscapes on gently undulating country over weathered Hawkesbury sandstone within open forest/low woodland/open scrub. It occurs in both disturbed and undisturbed sites. This species was previously recorded from the Sydney harbour region and was presumed extinct. Woodland dominated by Eucalyptus sieberi and Corymbia gummifera. In deeply weathered clay soil with ironstone nodules. Recently discovered at Manly Dam. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. Outside known range. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Species TSC Act EPBC Act Senecio spathulatus E1 Syzygium paniculatum E1 V Tetratheca glandulosa V V Preferred Habitat Likelihood of Occurrence Coast Groundsel occurs in Nadgee Nature Reserve (Cape Howe) and between Kurnell in Sydney and Myall Lakes National Park (with a possible occurrence at Cudmirrah). Coast Groundsel grows on primary dunes. Not identified on site. No suitable habitat present. Not likely to occur. Not identified on site. No suitable habitat present. Not likely to occur. Found only in NSW, in a narrow, linear coastal strip from Bulahdelah to Conjola State Forest. On the south coast it occurs on grey soils over sandstone, restricted mainly to remnant stands of littoral (coastal) rainforest. On the central coast Magenta Lilly Pilly occurs on gravels, sands, silts and clays in riverside gallery rainforests and remnant littoral rainforest communities. Associated with shale-sandstone transition habitat where shale-cappings occur over sandstone, with associated soil landscapes such as Lucas Heights, Gymea, Lambert and Faulconbridge. Soils are generally shallow, consisting of a yellow, clayey/sandy loam. Stony lateritic fragments are also common in the soil profile on many of these ridgetops. Vegetation structure varies from heaths and scrub to woodlands/open woodlands, and open forest. Not identified on site. No suitable habitat present. Not likely to occur. Appendix 3B. Fauna Likelihood of Occurrence Table Habitat potential for flora species and/or habitat previously recorded within 5km of the Study Area on DECCW Atlas of NSW Wildlife and EPBC Act Protected Matters Report. TSC Act; E1 = Endangered, E2 = Endangered Population, E4 = Extinct, E4A = Critically Endangered, V = Vulnerable EPBC Act; E = Endangered, V = Vulnerable, M = Migratory Species TSC Act EPBC Act Amsterdam Albatross Diomedea exulans amsterdamensis E, M Antipodean Albatross Diomedea exulans antipodensis V, M Australian Painted Snipe Rostratula australis V, M Beach Stone-curlew Esacus neglectus E4A Black Bittern Ixobrychus flavicollis V Black-browed Albatross Thalassarche melanophris V V, M Broad-headed Snake Hoplocephauls bungaroides E1 V Buller’s Albatross Thalassarche bulleri V, M Preferred Habitat Likelihood of Occurrence The Amsterdam Albatross breeds on Amsterdam Island (territory of France), in the southern Indian Ocean. It mainly forages in the Southern Hemisphere in the ocean surrounding this island. The Amsterdam Albatross is a marine, pelagic seabird. It nests in open patchy vegetation (among tussocks, ferns or shrubs) near exposed ridges or hillocks. It sleeps and rests on ocean waters when not breeding. The Antipodean Albatross is endemic to New Zealand, however forages widely in open water in the southwest Pacific Ocean, Southern Ocean and the Tasman Sea, notably off the coast of NSW. The Antipodean Albatross is marine, pelagic and aerial. It sleeps and rests on ocean waters when not breeding. The Antipodean Albatross nests in open patchy vegetation, such as among tussock grassland or shrubs on ridges, slopes and plateaus. The Australian Painted Snipe has been recorded at wetlands in all states of Australia. It is most common in eastern Australia, where it has been recorded at scattered locations throughout much of Queensland, NSW, Victoria and south-eastern South Australia. The Australian Painted Snipe generally inhabits shallow terrestrial freshwater (occasionally brackish) wetlands, including temporary and permanent lakes, swamps and claypans. They also use inundated or waterlogged grassland or saltmarsh, dams, rice crops, sewage farms and bore drains. The Beach Stone-curlew has been recorded around the north coast of Australia, mainly between mid-north Western Australia and north-east NSW. The species has largely disappeared from the south-east of its former range and is now rarely recorded on ocean beaches in NSW. Occurs on open, undisturbed beaches, islands, reefs, and estuarine intertidal sandflats and mudflats; beaches with estuaries or mangroves nearby are preferred; may also frequent river mouths, offshore sandbars and rock platforms. The Black Bittern has a wide distribution, from southern NSW north to Cape York and along the north coast to the Kimberley region. In NSW, records of the species are scattered along the east coast, with individuals rarely being recorded south of Sydney or inland. Inhabits both terrestrial and estuarine wetlands, generally in areas of permanent water and dense vegetation. Where permanent water is present, the species may occur in flooded grassland, forest, woodland, rainforest and mangroves. During the day, roosts in trees or on the ground amongst dense reeds. Nests, built in spring are located on a branch overhanging water and consist of a bed of sticks and reeds on a base of larger sticks. The Black-browed Albatross has a circumpolar range over the southern oceans, and are seen off the southern Australian coast mainly during winter. This species migrates to waters off the continental shelf from approximately May to November and is regularly recorded off the NSW coast during this period. The species has also been recorded in Botany Bay National Park. Inhabits fricana , subantarctic, subtropical marine and coastal waters over upwellings and boundaries of currents. Can tolerate water temperatures between 0oC and 24oC. Spends most of its time at sea, breeding on small isolated islands. The Broad-headed Snake is largely confined to Triassic and Permian sandstones, including the Hawkesbury, Narrabeen and Shoalhaven groups, within the coast and ranges in an area within approximately 250 km of Sydney. Nocturnal. Shelters in rock crevices and under flat sandstone rocks on exposed cliff edges during autumn, winter and spring. Moves from the sandstone rocks to shelters in hollows in large trees within 200 m of escarpments in summer. Buller’s Albatross breed in New Zealand (Snares, Solander and Chatham Islands), but are regular visitors to Australian waters. They are frequently seen off the coast from Coffs Harbour, south to Tasmania and west to Eyre Peninsula. As Buller’s Albatross is a seasonal visitor and does not breed in Australia, it is difficult to estimate extent of occurrence or area of occupancy. Buller’s Albatross are marine and pelagic, inhabiting subtropical and subantarctic waters of the southern Pacific Ocean. Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Limited habitat present. Potential impacts not likely to be significant. Inappropriate habitat. Not likely to occur within Study Area Not identified within Study Area. The site does provide potential habitat. Subject to 7 – Part Test. Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Species Bush Stone-curlew Burhinus grallarius TSC Act EPBC Act E1 Campbells Albatross Thalassarche melanophris impavida V, M Eastern Bentwing-bat Miniopterus schreibersii oceanensis V Eastern Freetail-bat Mormopterus norfolkensis V Flesh-footed Shearwater Puffinus carneipes V M Giant Burrowing Frog Heleioporus australiacus V V Gibson’s Albatross Diomedea exulans gibsoni Glossy Black-Cockatoo Calyptorhynchus lathami V, M V Preferred Habitat Likelihood of Occurrence The Bush Stone-curlew is found throughout Australia except for the central southern coast and inland, the far south-east corner, and Tasmania. Only in northern Australia is it still common however and in the south-east it is either rare or extinct throughout its former range. Inhabits open forests and woodlands with a sparse grassy groundlayer and fallen timber. Largely nocturnal, being especially active on moonlit nights. Feed on insects and small vertebrates, such as frogs, lizards and snakes. Nest on the ground in a scrape or small bare patch. The Black-browed Albatross is a marine species that inhabits Antarctic, subantarctic and temperate waters and occasionally enters the tropics. It can tolerate a broad range of sea-surface temperatures from 0–24º C. It forages around the breaks of continental and island shelves and across nearby underwater banks but also frequents other marine habitats, such as oceanic waters and the iceberg belt at the limit of the Antarctic pack ice. In the non-breeding season it follows cold water currents north to the continental shelves of Australia, South America and Africa where it can occur in coastal and inshore waters and sometimes enter fjords and channels Eastern Bent-wing Bats occur along the east and north-west coasts of Australia. Caves are the primary roosting habitat, but also use derelict mines, storm-water tunnels, buildings and other man-made structures. Form discrete populations centred on a maternity cave that is used annually in spring and summer for the birth and rearing of young. Maternity caves have very specific temperature and humidity regimes. Cold caves are used for hibernation in southern Australia. Hunt in forested areas, catching moths and other flying insects above the tree tops. The Eastern Freetail-bat is found along the east coast from south Queensland to southern NSW. Occur in dry sclerophyll forest and woodland east of the Great Dividing Range. Roost mainly in tree hollows but will also roost under bark or in man-made structures. Solitary and probably insectivorous. Ranges throughout the Pacific and Indian Oceans. There are two main breeding areas in the world: one in the South West Pacific includes Lord Howe Island and New Zealand; the other along the coast of Western Australia. Marine. Nest on Lord Howe Island in forests on sandy soils from Ned’s Beach to Clear Place, with smaller colonies below Transit Hill and at Old Settlement Beach. Eggs are laid at the end of a burrow 1 – 2 metres in length. The Giant Burrowing Frog occurs from the NSW Central Coast to eastern Victoria, but is most common on the Sydney sandstone. It has been found from the coast to the Great Dividing Range. Found in heath, woodland and open forest with sandy soils. Generally lives in the heath or forest and will travel several hundred metres to creeks to breed. Burrows into deep litter or loose soil, emerging to feed or breed after rain. Diet includes ground-dwelling invertebrates such as ants, beetles and spiders. In Australian territory, Gibson’s Albatross has been recorded foraging between Coffs Harbour, NSW, and Wilson’s Promontory, Victoria (Garnett & Crowley 2000). Males and females appear to use different foraging areas, with females frequenting the Tasman Sea in the vicinity of 40° S, while males either disperse westwards at lower latitudes or north-east towards the mid-Pacific Ocean. Gibson’s Albatrosses are rarely observed in the Pacific Ocean or Indian Ocean. The only Australian record of this species is from a recapture off Wollongong, NSW, in September 1997. The species is uncommon although widespread throughout suitable forest and woodland habitats, from the central Queensland coast to East Gippsland in Victoria, and inland to the southern tablelands and central western plains of NSW, with a small population in the Riverina. An isolated population exists on Kangaroo Island, South Australia. Inhabits open forest and woodlands of the coast and the Great Dividing Range up to 1000 m. Feeds almost exclusively on the seeds of several species of she-oak (Casuarina and Allocasuarina species), shredding the cones with the massive bill. Dependent on large hollow-bearing eucalypts for nest sites. One or two eggs are laid between March and August. Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area No suitable habitat. Not likely to occur within Study Area Limited habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Not identified within Study Area. Areas of forage habitat present. Subject to 7-Part Test. Species TSC Act EPBC Act Gould’s Petrel Pterodroma leucoptera leucoptera V E, M Great Knot Calidris tenuirostris V M Greater Sand-plover Charadrius leschenaultia V M Green and Golden Bell Frog Litoria aurea E1 V Green Turtle Chelonia mydas V V, M Grey-headed Flying-fox Pteropus poliocephalus V V Kermadec Petrel Pterodroma neglecta neglecta V V Preferred Habitat Likelihood of Occurrence Breeds on both Cabbage Tree Island, 1.4 km offshore from Port Stephens and on nearby Boondelbah island. The range and feeding areas of non-breeding Petrels are unknown. The first arrival of Gould’s petrel on cabbage tree Island occurs from mid to late September. Principal nesting habitat is located within two gullies which are characterised by steeply, sloping rock scree with a canopy of Cabbage Tree Palms. They nest predominantly in natural rock crevices among the rock scree and also in hollow fallen palm trunks, under mats of fallen palm fronds and in cavities among the buttresses of fig trees. In NSW, the species has been recorded at scattered sites along the coast to about Narooma. It has also been observed inland at Tullakool, Armidale, Gilgandra and Griffith. Occurs within sheltered, coastal habitats containing large, intertidal mudflats or sandflats, including inlets, bays, harbours, estuaries and lagoons. Often recorded on sandy beaches with mudflats nearby, sandy spits and islets and sometimes on exposed reefs or rock platforms. Migrates to Australia from late August to early September, although juveniles may not arrive until October-November. The Greater Sand Plover breeds in central Asia from Armenia to Mongolia, moving further south for winter. In Australia the species is commonly recorded in parties of 10-20 on the west coast, with the far northwest being the stronghold of the population. The species is apparently rare on the east coast, being found usually singly. In NSW, the species has been recorded between the northern rivers and the Illawarra, with most records coming from the Clarence and Richmond estuaries. Almost entirely restricted to coastal areas in NSW, occurring mainly on sheltered sandy, shelly or muddy beaches or estuaries with large intertidal mudflats or sandbanks. Formerly distributed from the NSW north coast near Brunswick Heads, southwards along the NSW coast to Victoria where it extends into east Gippsland. Large populations in NSW are located around the metropolitan areas of Sydney, Shoalhaven and mid north coast (one an island population). Inhabits marshes, dams and stream-sides, particularly those containing fricana (Typha spp.) or spikerushes (Eleocharis spp.). Optimum habitat includes water-bodies that are unshaded, free of predatory fish such as Plague Minnow (Gambusia holbrooki), have a grassy area nearby and diurnal sheltering sites available. Some sites, particularly in the Greater Sydney region occur in highly disturbed areas. Green Turtles nest, forage and migrate across tropical northern Australia. They usually occur between the 20°C isotherms (Marquez 1990), although individuals can stray into temperate waters (Cogger et al. 1993). Green turtles nest on islands and coastal beaches all around the north of Australia, from Ningaloo Reef in Western Australia to southern Queensland. They can be found foraging right down into the subtropical waters of southern New South Wales. They are also a truly international species, and can be found in places as diverse as the Caribbean, the South Pacific, along the coasts of Africa and South America, and even the Mediterranean. Inappropriate habitat. Not likely to occur within Study Area Grey-headed Flying-foxes are found within 200 km of the eastern coast of Australia, from Bundaberg in Queensland to Melbourne in Victoria. Occur in subtropical and temperate rainforests, tall sclerophyll forests and woodlands, heaths and swamps as well as urban gardens and cultivated fruit crops. Roosting camps are generally located within 20 km of a regular food source and are commonly found in gullies, close to water, in vegetation with a dense canopy. Site fidelity to camps is high with some caps being used for over a century. Travel up to 50 km to forage. Feed on the nectar and pollen of native trees, in particular Eucalyptus, Melaleuca and Banksia, and fruits of rainforest trees and vines. Also forage in cultivated gardens and fruit crops and can inflict severe crop damage. Ranges over subtropical and tropical waters of the South Pacific. Balls Pyramid, near Lord Howe Island, is the only known breeding site in Australian waters. Marine. Breeds on islands across the South Pacific. In Australia it breeds on Ball’s Pyramid and Phillip Island (near Norfolk Island). Nests in a crevice amongst rocks. Diet is squid and crustaceans. Vagrant birds occur in coastal NSW waters, particularly after storm events. Inappropriate habitat. Not likely to occur within Study Area No optimum habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Limited habitat present. Potential impacts not likely to be significant. Inappropriate habitat. Not likely to occur within Study Area Species TSC Act EPBC Act Koala Phascolarctos cinereus V Large-eared Pied Bat Chalinolobus dwyeri V V Leathery Turtle Dermochelys coriacea V E, M Lesser Sand-plover Charadrius mongolus V M Little Penguin Eudyptula minor E2 Little Shearwater Puffinus assimilis V Little Tern Sterna albifrons E1 M Preferred Habitat Likelihood of Occurrence The Koala has a fragmented distribution throughout eastern Australia from north-east Queensland to the Eyre Peninsula in South Australia. In NSW it mainly occurs on the central and north coasts with some populations in the western region. It was historically abundant on the south coast of NSW, but now occurs in sparse and possibly disjunct populations. Koalas are also known from several sites on the southern tablelands. Inhabit eucalypt woodlands and forests. Feed on the foliage of more than 70 eucalypt species and 30 noneucalypt species, but in any one area will select preferred browse species. Inactive for most of the day, feeding and moving mostly at night. Spend most of their time in trees, but will descend and traverse open ground to move between trees. Home range size varies with quality of habitat, ranging from less than two ha to several hundred hectares in size. Found mainly in areas with extensive cliffs and caves, from Rockhampton in Queensland south to Bungonia in the NSW Southern Highlands. It is generally rare with a very patchy distribution in NSW. There are scattered records from the New England Tablelands and North West Slopes. Roosts in caves (near their entrances), crevices in cliffs, old mine workings and in the disused, bottle-shaped mud nests of the Fairy Martin (Hirundo ariel), frequenting low to mid-elevation dry open forest and woodland close to these features. Found in welltimbered areas containing gullies. Throughout the world’s tropical and temperate seas and in all coastal waters of Australia. Most sightings are in temperate waters. Large numbers of Leathery Turtles feed in coastal waters from southern Queensland to the central coast of NSW. Occurs in inshore and offshore marine waters. Rarely breeds in Australia, with the nearest regular nesting sites being the Solomon Islands and Malayan Archipelago. Occasional breeding records from NSW coast, including between Ballina and Lennox Head in northern NSW. The Lesser Sand Plover breeds in central and north eastern Asia, migrating further south for winter. In Australia the species is found around the entire coast but is most common in the Gulf of Carpentaria, and along the east coast of Queensland and northern NSW. Individuals are rarely recorded south of the Shoalhaven estuary, and there are few inland records. Almost entirely coastal in NSW, favouring the beaches of sheltered bays, harbours and estuaries with large intertidal sandflats or mudflats; occasionally occurs on sandy beaches, coral reefs and rock platforms. Highly gregarious, frequently seen in flocks exceeding 100 individuals; also often seen foraging and roosting with other wader species. Occurs in Australia and NZ. They generally breed from south of Port Stephens in NSW along the coast through Victoria, South Australia, Tasmania and as far as Fremantle in Western Australia. This endangered population occurs from just north of Smedley’s Point to Cannae Point, North Sydney Harbour, and Manly. Only known breeding population on the mainland in NSW. A range of nest sites are utilised by the penguins at Manly including under rocks on the foreshore, under seaside houses and structures, such as stairs, in wood piles and under overhanging vegetation including lantana and under coral tree roots. Limited habitat present. Not likely to be present in Study Area. Inappropriate habitat. Not likely to occur within Study Area A widespread species in the subtropical Atlantic, Pacific and Indian Oceans. Lord Howe Island has one of the larger breeding colonies in the Australian region. Marine Breeding sites at Lord Howe Island include Roach Island, Muttonbird Island, Blackburn Island and on the main Island at Muttonbird Point and Transit Hill. Inappropriate habitat. Not likely to occur within Study Area Migrating from eastern Asia, the Little Tern is found on the north, east and south-east Australian coasts, from Shark Bay in Western Australia to the Gulf of St Vincent in South Australia. In NSW, it arrives from September to November, occurring mainly north of Sydney, with smaller numbers found south to Victoria. It breeds in spring and summer along the entire east coast from Tasmania to northern Queensland, and is seen until May, with only occasional birds seen in winter months. Almost exclusively coastal, preferring sheltered environments; however may occur several kilometres from the sea in harbours, inlets and rivers (with occasional offshore islands or coral cay records). Nests in small, scattered colonies in low dunes or on sandy beaches just above high tide mark near estuary mouths or adjacent to coastal lakes and islands. No optimum habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Not likely to occur within Study Area. However, colony known to occur within the region. Impacts associated with the proposal are not likely to extend to the known endangered population. Species TSC Act EPBC Act Long-nosed Bandicoot Perameles nasuta E2 Long-nosed Potoroo Potorus tridactylus tridactylus V Masked Owl Tyto novaehollandiae V Northern Giant Petrel Macronectes halli V V, M Osprey Pandion haliaetus V M Pied Oystercatcher Haematopus longirostris V Powerful Owl Ninox strenua V V Preferred Habitat Likelihood of Occurrence Restricted to North Head in the Manly Local Government Area. Essentially a solitary animal that occupies a variety of habitats on North Head. Forages mainly at or after dusk, digging for invertebrates, fungi and tubers. The conical holes it leaves in the soil are often seen at the interface of naturally vegetated and areas of open grass around the Quarantine Station, former Defence Lands and Saint Patrick’s Estate. Shelters during the day in a well-concealed nest based on a shallow hole lined with leaves and grass, sometimes under debris, sometimes hidden with soil and with the entrance closed for greater concealment. Not likely to be present in Study Area. Habitat located within the region, however any potential or indirect impacts are not likely to extend to area of known habitat. The Long-nosed Potoroo is found on the south-eastern coast of Australia, from Queensland to eastern Victoria and Tasmania, including some of the Bass Strait islands. There are geographically isolated populations in western Victoria. In NSW it is generally restricted to coastal heaths and forests east of the Great Dividing Range, with an annual rainfall exceeding 760 mm. Inhabits coastal heaths and dry and wet sclerophyll forests. Dense understorey with occasional open areas is an essential part of habitat, and may consist of grass-trees, sedges, ferns or heath, or of low shrubs of tea-trees or melaleucas. A sandy loam soil is also a common feature. Extends from the coast where it is most abundant to the western plains. Overall records for this species fall within approximately 90% of NSW, excluding the most arid north-western corner. There is no seasonal variation in its distribution. Lives in dry eucalypt forests and woodlands from sea level to 1100 m. A forest owl, but often hunts along the edges of forests, including roadsides. The typical diet consists of tree-dwelling and ground mammals, especially rats. Pairs have a large home-range of 500 to 1000 hectares. Roosts and breeds in moist eucalypt forested gullies, using large tree hollows or sometimes caves for nesting. The Northern Giant-petrel has a circumpolar pelagic distribution, usually between 40-64ºS in open oceans. Their range extends into subtropical waters (to 28ºS) in winter and early spring, and they are a common visitor in NSW waters, predominantly along the south-east coast during winter and autumn. Breeding in Australian territory is limited to Macquarie Island and occurs during spring and summer. Females obtain most of their prey live from the sea, while males also scavenge from the carcases of penguins and seals on land. Ospreys are found right around the Australian coast line, except for Victoria and Tasmania. They are common around the northern coast, especially on rocky shorelines, islands and reefs. The species is uncommon to rare or absent from closely settled parts of south-eastern Australia. There are a handful of records from inland areas. Favour coastal areas, especially the mouths of large rivers, lagoons and lakes. Feed on fish over clear, open water. Breed from July to September in NSW. Nests are made high up in dead trees or in dead crowns of live trees, usually within one kilometre of the sea. The species is distributed around the entire Australian coastline, although it is most common in coastal Tasmania and parts of Victoria, such as Corner Inlet. In NSW the species is thinly scattered along the entire coast. Favours intertidal flats of inlets and bays, open beaches and sandbanks. Forages on exposed sand, mud and rock at low tide, for molluscs, worms, crabs and small fish. The chisel-like bill is used to pry open or break into shells of oysters and other shellfish. Nests mostly on coastal or estuarine beaches although occasionally they use saltmarsh or grassy areas. Nests are shallow scrapes in sand above the high tide mark, often amongst seaweed, shells and small stones. The Powerful Owl is endemic to eastern and south-eastern Australia, mainly on the coastal side of the Great Dividing Range from Mackay to south-western Victoria. In NSW, it is widely distributed throughout the eastern forests from the coast inland to tablelands, with scattered, mostly historical records on the western slopes and plains. As most prey species require hollows and a shrub layer, these are important habitat components for the owl. The Powerful Owl inhabits a range of vegetation types, from woodland and open sclerophyll forest to tall open wet forest and rainforest. Pairs of Powerful Owls are believed to have high fidelity to a small number of hollow-bearing nest trees and will defend a large home range of 400-1450 ha. Powerful Owls nest in large tree hollows (at least 0.5 m deep), in large eucalypts (diameter at breast height of 80-240 cm) that are at least 150 years old. Limited habitat available. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area No suitable habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area No suitable habitat. Not likely to occur within Study Area Species TSC Act Red-crowned Toadlet Pseudophryne australis V Regent Honeyeater Xanthomyza Phrygia E1 Rosenberg’s Goanna Varanus rosenbergi V Salvin’s Albatross Thalassarche cauta salvini Sanderling Calidris alba EPBC Act E, M V, M V M Preferred Habitat Likelihood of Occurrence The Red-crowned Toadlet has a restricted distribution. It is confined to the Sydney Basin, from Pokolbin in the north, the Nowra area to the south, and west to Mt Victoria in the Blue Mountains. Occurs in open forests, mostly on Hawkesbury and Narrabeen Sandstones. Inhabits periodically wet drainage lines below sandstone ridges that often have shale lenses or cappings. Shelters under rocks and amongst masses of dense vegetation or thick piles of leaf litter. Breeding congregations occur in dense vegetation and debris beside ephemeral creeks and gutters. Inappropriate habitat. Not likely to occur within Study Area The Regent Honeyeater mainly inhabits temperate woodlands and open forests of the inland slopes of southeast Australia. Birds are also found in drier coastal woodlands and forests in some years. The species inhabits dry open forest and woodland, particularly Box-Ironbark woodland, and riparian forests of River Sheoak. Regent Honeyeaters inhabit woodlands that support a significantly high abundance and species richness of bird species. These woodlands have significantly large numbers of mature trees, high canopy cover and abundance of mistletoes. Every few years non-breeding flocks are seen foraging in flowering coastal Swamp Mahogany and Spotted Gum forests, particularly on the central coast and occasionally on the upper north coast. Birds are occasionally seen on the south coast. The Regent Honeyeater is a generalist forager, which mainly feeds on the nectar from a wide range of eucalypts and mistletoes. Rosenberg’s Goanna occurs on the Sydney Sandstone in Wollemi National Park to the north-west of Sydney, in the Goulburn and ACT regions and near Cooma in the south. There are records from the South West Slopes near Khancoban and Tooma River. Also occurs in South Australia and Western Australia. Found in heath, open forest and woodland. Associated with termites, the mounds of which this species nests in; termite mounds are a critical habitat component. Individuals require large areas of habitat. Feeds on carrion, birds, eggs, reptiles and small mammals. Shelters in hollow logs, rock crevices and in burrows, which they may dig for themselves, or they may use other species’ burrows, such as rabbit warrens. Runs along the ground when pursued (as opposed to the Lace Monitor, which climbs trees). Lays up to 14 eggs in a termite mound; the hatchlings dig themselves out of the mounds. Generally slow moving; on the tablelands likely only to be seen on the hottest days. A marine species occurring in subantarctic and subtropical waters, reaching the tropics in the cool Humboldt Current off South America. The Shy Albatross preference for sea-surface temperatures is poorly known. In the southern Indian Ocean the species has been observed over waters of 6.4-13.5°C. Birds have been noted i n shelf-waters around breeding islands and over adjacent rises. During the non-breeding season, the Shy Albatross occurs over continental shelves around continents. The Shy Albatross nests on level or gently sloping ledges, summits, slopes and caves of rocky islets and stacks, usually in broken terrain with little soil and vegetation. A regular summer migrant from Siberia and other Arctic breeding grounds to most of the Australian coastline. It is uncommon to locally common, arriving from September and leaving by May (some may overwinter in Australia). Sanderlings occur along the NSW coast, with occasional inland sightings. Often found in coastal areas on low beaches of firm sand, near reefs and inlets, along tidal mudflats and bare open coastal lagoons; individuals are rarely recorded in near-coastal wetlands. Also feeds on plants, seeds, worms, crustaceans, spiders, jellyfish and fish, foraging around rotting heaps of kelp, at the edges of shallow pools on sandspits and on nearby mudflats. Roosts on bare sand, behind clumps of beach-cast kelp or in coastal dunes. Breeding occurs in the Northern Hemisphere. Limited habitat present. Potential impacts not likely to be significant. Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Species TSC Act EPBC Act Shy Albatross Thalassarche cauta V V, M Shy Albatross Thalassarche cauta cauta V V, M Sooty Albatross Phoebetria fusca V V, M Sooty Oystercatcher Haematopus fuliginosus V Sooty Tern Sterna fuscata V Southern Brown Bandicoot Isoodon obesulus obesulus E1 E Preferred Habitat Likelihood of Occurrence This species is circumpolar in distribution, occurring widely in the southern oceans. Islands off Australia and New Zealand provide breeding habitat. In Australian waters, the Shy Albatross occurs along the east coast from Stradbroke Island in Queensland along the entire south coast of the continent to Carnarvon in Western Australia. Although uncommon north of Sydney, the species is commonly recorded off southeast NSW, particularly between July and November, and has been recorded in Ben Boyd National Park. This pelagic or ocean-going species inhabits subantarctic and subtropical marine waters, spending the majority of its time at sea. Located on sheltered sides of islands, on cliffs and ledges, in crevices and slopes, nests are used annually and consist of a mound of mud, bones, plant matter and rocks. This species is circumpolar in distribution, occurring widely in the southern oceans. Islands off Australia and New Zealand provide breeding habitat. In Australian waters, the Shy Albatross occurs along the east coast from Stradbroke Island in Queensland along the entire south coast of the continent to Carnarvon in Western Australia. Although uncommon north of Sydney, the species is commonly recorded off southeast NSW, particularly between July and November, and has been recorded in Ben Boyd National Park. This pelagic or ocean-going species inhabits subantarctic and subtropical marine waters, spending the majority of its time at sea. The Sooty Albatross occurs in the South Atlantic and southern Indian Oceans, and has not been recorded in the Pacific Ocean between Australia and South America. In Australian waters, this species is generally recorded in winter off the south coast from Tasmania to Western Australia, while there are occasional sightings off the NSW coast, north of Grafton. The species has not been recorded in any NSW conservation reserves. Nests are located amongst vegetation on steep cliffs and consist of a mound of mud and plant matter, lined with grass. This pelagic or ocean-going species inhabits subantarctic and subtropical marine waters, spending the majority of its time at sea, and rarely occurs in continental shelf waters. While at sea, this agile species soars on strong winds and when calm, rests on the ocean. Sooty Oystercatchers are found around the entire Australian coast, including offshore islands, being most common in Bass Strait. Small numbers of the species are evenly distributed along the NSW coast. The availability of suitable nesting sites may limit populations. Favours rocky headlands, rocky shelves, exposed reefs with rock pools, beaches and muddy estuaries. Forages on exposed rock or coral at low tide for foods such as limpets and mussels. Breeds in spring and summer, almost exclusively on offshore islands, and occasionally on isolated promontories. The nest is a shallow scrape on the ground, or small mounds of pebbles, shells or seaweed when nesting among rocks. The Sooty Tern is found over tropical and sub-tropical seas and on associated islands and cays around Northern Australia. Occasionally seen along coastal NSW, especially after cyclones. Large flocks can be seen soaring, skimming and dipping but seldom plunging in off shore waters. Breeds in large colonies in sand or coral scrapes on offshore islands and cays including Lord Howe and Norfolk Islands. The Southern Brown Bandicoot has a patchy distribution. It is found in south-eastern NSW, east of the Great Dividing Range south from the Hawkesbury River, southern coastal Victoria and the Grampian Ranges, southeastern South Australia, south-west Western Australia and the northern tip of Queensland. Southern Brown Bandicoots are largely crepuscular (active mainly after dusk and/or before dawn). They are generally only found in heath or open forest with a healthy understorey on sandy or friable soils. Males have a home range of approximately 5-20 hectares whilst females forage over smaller areas of about 2-3 hectares. Nest during the day in a shallow depression in the ground covered by leaf litter, grass or other plant material. Nests may be located under Grass trees Xanthorrhoea sp., blackberry bushes and other shrubs, or in rabbit burrows. Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Species TSC Act EPBC Act Southern Giant Petrel Macronectes gigantean E1 Spotted-tail Quoll Dasyures maculatus maculatus V Superb Fruit-Dove Patriclinous Superbus V Swift Parrot Latham us discolour E1 Tristan Albatross Diomedea exulans exulans Preferred Habitat Likelihood of Occurrence E, M The Southern Giant Petrel has a circumpolar pelagic range from Antarctica to approximately 20° S and is a common visitor off the coast of NSW. Over summer, the species nests in small colonies amongst open vegetation on Antarctic and subantarctic islands, including Macquarie and Heard Islands and in Australian Antarctic territory. A single chick is raised and although breeding occurs annually, approximately 30% of the potential breeding population does not nest. It is an opportunistic scavenger and predator, and scavenges from fishing vessels and animal carcasses on land. It is also an active predator of cephalopods and euphuists, as well as smaller birds (particularly penguins) both at land and at sea. Birds will desert their nests if disturbed at the breeding colony. Inappropriate habitat. Not likely to occur within Study Area E The range of the Spotted-tailed Quoll has contracted considerably since European settlement. It is now found on the east coast of NSW, Tasmania, eastern Victoria and north-eastern Queensland. Only in Tasmania is it still considered common. Recorded across a range of habitat types, including rainforest, open forest, woodland, coastal heath and inland riparian forest, from the sub-alpine zone to the coastline. Individual animals use hollow-bearing trees, fallen logs, small caves, rock crevices, boulder fields and rocky-cliff faces as den sites. Mostly nocturnal, although will hunt during the day; spends most of the time on the ground, although also an excellent climber and may raid possum and glider dens and prey on roosting birds. Use ‘latrine sites’, often on flat rocks among boulder fields and rocky cliff-faces; these may be visited by a number of individuals; latrine sites can be recognised by the accumulation of the sometimes characteristic ‘twistyshaped’ faeces deposited by animals. The Superb Fruit-dove occurs principally from north-eastern in Queensland to north-eastern NSW. It is much less common further south, where it is largely confined to pockets of suitable habitat as far south as Moruya. There are records of vagrants as far south as eastern Victoria and Tasmania. Inhabits rainforest and similar closed forests where it forages high in the canopy, eating the fruits of many tree species such as figs and palms. It may also forage in eucalypt or acacia woodland where there are fruit-bearing trees. Part of the population is migratory or nomadic. Breeds in Tasmania during spring and summer, migrating in the autumn and winter months to south-eastern Australia from Victoria and the eastern parts of South Australia to south-east Queensland. In NSW mostly occurs on the coast and south west slopes. Migrates to the Australian south-east mainland between March and October. On the mainland they occur in areas where eucalypts are flowering profusely or where there are abundant lerp (from sap-sucking bugs) infestations. Favoured feed trees include winter flowering species such as Swamp Mahogany Eucalyptus robusta, Spotted Gum Corymbia fricana, Red Bloodwood C. gummifera, Mugga Ironbark E. sideroxylon, and White Box E. albens. Commonly used lerp infested trees include Grey Box E. fricana , Grey Box E. moluccana and Blackbutt E. pilularis. Return to some foraging sites on a cyclic basis depending on food availability. Inappropriate habitat. Not likely to occur within Study Area The ‘at sea’ distribution of this newly described species is yet to be defined. There is currently only one definitive record of the Tristan Albatross from Australian waters. A bird banded as a chick on Gough Island was recaptured four years later off Wollongong (NSW). The Tristan Albatross is a marine, pelagic seabird. It forages in open water in the Atlantic Ocean near the Cape of Good Hope, South Africa. It sleeps and rests on ocean waters when not breeding. Inappropriate habitat. Not likely to occur within Study Area E E, M Limited habitat present. Potential impacts not likely to be significant. Not identified within Study Area. Limited foraging habitat present. Impact not considered to be significant. Species TSC Act EPBC Act Wandering Albatross Diomedea exulans E1 V, M White Tern Gygis alba V White-capped Albatross Thalassarche cauta steadi Wompoo Fruit-Dove Ptilinopus magnificus V, M V Preferred Habitat Likelihood of Occurrence The Wandering Albatross visits Australian waters extending from Fremantle, Western Australia, across the southern water to the Whitsunday Islands in Queensland between June and September. It has been recorded along the length of the NSW coast. At other times birds roam the southern oceans and commonly follow fishing vessels for several days. Wandering albatross spend the majority of their time in flight, soaring over the southern oceans. They breed on a number of islands just north of the Antarctic Circle: South Georgia Island (belonging to the UK), Prince Edward and Marion Islands (South Africa), Crozet and Kerguelen Islands (French Southern Territories) and Macquarie Island (Australia). Breeding takes place on exposed ridges and hillocks, amongst open and patchy vegetation. Occurs widely in tropical and subtropical seas and islands. The subspecies on Lord Howe Island is rarely seen on the mainland but occurs on Norfolk and Kermadec Islands. Most breeding sites on Lord Howe Island are close to the lagoon in the settlement area. Marine A recent arrival to Lord Howe Island, only breeding there since the 1960s. This species nests in the high branches of trees. On Lord Howe Island it nests in the introduced Norfolk Island Pine as well as native Sallywood, Blackbutt, Greybark, Banyan and Pandanus. White Terns do not build a nest but select a depression or damaged area on the branch of a tree on which to balance their egg. The White-capped Albatross is probably common off the coast of south-east Australia throughout the year. This species is similar to the Shy Albatross and can be difficult to identify, especially at sea and as a juvenile. Breeding colonies occur on islands south of New Zealand. The extent of occurrence of the White-capped Albatross in Australian waters is estimated to be 5 000 000 km² with an area of occupancy of 5000 km² (Garnett & Crowley 2000). These estimates are considered to be of medium reliability. Extent of occurrence and area of occupancy are thought to be stable. The White-capped Albatross is a marine species and occurs in subantarctic and subtropical waters. Occurs along the coast and coastal ranges from the Hunter River in NSW to Cape York Peninsula. It is rare south of Coffs Harbour. Occurs in, or near rainforest, low elevation moist eucalypt forest and brush box forests. Feeds on a diverse range of tree and vine fruits and is locally nomadic – following ripening fruit; some of its feed trees rely on species such as this to distribute their seeds. Feeds alone, or in loose flocks at any height in the canopy. Despite its plumage, can be remarkably cryptic as it feeds, with the call and falling fruit being an indication of its presence. The nest is a typical pigeon nest – a flimsy platform of sticks on a thin branch or a palm frond, often over water, usually 3 – 10 m above the ground. Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Inappropriate habitat. Not likely to occur within Study Area Limited habitat present. Potential impacts not likely to be significant. Appendix 4. Assessments of Significance Environmental Planning and Assessment Act 1979 Swamp Sclerophyll Forest on Coastal Floodplain (a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction N/A (b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction N/A (c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed: (i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or This Endangered Ecological Community (EEC) is present in the Study Area as Estuarine Reedland, reconstructed Swamp Mahogany Forest and occurs along both sides the Lagoon along the proposed dredging area. The proposal will not involve any significant direct impacts on the extent of this EEC as a floating barge will be used as a work platform for the length of the work zone requiring minimal disturbance to the EEC. The laying of flexible pipe for the removal of sediment however will be required through areas of this EEC. This is considered to present a minor impact given that it is of a temporary nature and will follow the contours of the ground and is not likely to require any clearing or excavation. Thus its extent will not be reduced. Access for the barge will need to be created however. This is to be undertaken via Nolan Reserve. Some clearing of vegetation may be required to create an access point. Areas of reconstructed Swamp Sclerophyll Forest on Coastal Floodplains are present in this area. The point of entry to the Lagoon has not yet been established. Clearing for access purposes within this area is likely to be present a minimal impact however any clearing of native vegetation within the EEC will require an additional Assessment of Significance. (ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction No significant direct impacts are expected as a result of the proposal. No clearing of species that form part of this EEC is required. There is the possibility for undermining of the banks to occur, which may result in root damage to some trees and subsidence of the lagoon banks. This may result in the loss of some species that form part of Swamp Sclerophyll Forest on Coastal Floodplains, however given the length of the EEC along the Study Area and its local occurrence, this is not likely to substantially and adversely modify the composition of this EEC such that its local occurrence is at risk of extinction. (d) in relation to the habitat of a threatened species, population or ecological community: (i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and No habitat for Swamp Sclerophyll Forest on Coastal Floodplains is proposed to be removed or significantly modified. A site compound will however need to be established as will a storage area for removed sediment for the dewatering process. These areas are to be located within Nolan Reserve which is primarily cleared consisting of sports fields. There is the potential for indirect impacts to occur however during this process such as accidental damage to native vegetation around the edges of the compound by vehicle and plant equipment and impact by spilled/leached sediment and water if not appropriately bunded. (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and The proposal is not likely to result in any further fragmentation or isolation from other areas of habitat that was has already taken place in the Study Area. (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality No habitat is likely to be removed, significantly modified, fragmented or isolated. The proposed works present a low impact and are of a temporary nature and will be undertaken from a floating work platform in the lagoon thus not requiring the use of the vegetated banks. Should tree root damage and bank subsidence occur as a result of undermining, given the length of the EEC along the lagoon and its local occurrence, this is not likely to result in significant removal and modification of this EEC. (e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly) No critical habitat has been identified within the Study Area. (f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan There is currently no recovery plan available for this EEC. (g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process The proposal is not likely to result in any key threatening processes Conclusion In consideration of the above, the proposal is not likely to result in a significant impact on the local occurrence of Swamp Sclerophyll Forest on Coastal Floodplain. The preparation of a Species Impact Statement for this EEC is therefore not required. Swamp Oak Floodplain Forest (a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction N/A (b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction N/A (c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed: (i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or This Endangered Ecological Community (EEC) is present along sections of the lagoon banks. The proposal will not involve any significant direct impacts on this EEC as a floating barge will be used as a work platform for the length of the work zone requiring minimal access to the banks of the lagoon. The laying of flexible pipe for the removal of sediment may be required through areas of this EEC. This is considered to present a minor impact given that it is of a temporary nature and is not likely to require any clearing or excavation. (ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction There is the possibility for undermining of the banks to occur, which may result in root damage to some trees and subsidence of the lagoon banks. This may result in the loss of some species that form part of Swamp Oak Floodplain Forest, however given its occurrence within the Study Area and its local occurrence, this is not likely to substantially and adversely modify the composition of this EEC such that its local occurrence will be placed at risk of extinction. (d) in relation to the habitat of a threatened species, population or ecological community: (i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and No significant removal or modification of habitat for Swamp Oak Floodplain Forest is proposed. Some minor temporary modification of the EEC’s will occur due to the installation of flexible piping. (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and The proposal is not likely to result in any further fragmentation or isolation from other areas of habitat that was has already taken place in the Study Area. (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality No habitat is likely to be removed, significantly modified, fragmented or isolated. The proposed works present a low impact and are of a temporary nature and will be undertaken from a floating work platform in the lagoon thus not requiring the use of the vegetated banks. Should tree root damage and bank subsidence occur however as a result of undermining, given its local occurrence, this is not likely to result in a significant of the long-term survival of this EEC. (e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly) No critical habitat has been identified within the Study Area. (f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan There is currently no recovery plan available for this EEC (g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process The proposal is not likely to result in a key threatened process. Conclusion In consideration of the above, the proposal is not likely to result in a significant impact on the local occurrence of Swamp Oak Floodplain Forest. The preparation of a Species Impact Statement for this EEC is therefore not required. Glossy Black-Cockatoo Calyptorhynchus lathami (a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction No Glossy Black-cockatoos were identified in the Study Area. The site does however present some minor forage habitat with the presence of Casuarina glauca, which the birds occasionally feed on. No significant hollows were identified on the site which may provide potential nest sites. Glossy Black- Cockatoos are known to have a range over a wide area and the specimens of Casuarina glauca in the Study Area are considered to represent only a small proportion of forage habitat for this species. No significant impacts to the lifecycle requirements of this species are expected as no clearing of potential forage habitat will be required as dredging will take place from a floating barge within the lagoon. (b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction No endangered populations were identified within the Study Area. (c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed: (i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or N/A (ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction N/A (d) in relation to the habitat of a threatened species, population or ecological community: (i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and No areas of habitat are proposed to be directly removed or modified. However, there is the possibility of subsidence of the lagoon banks to occur after dredging is complete due to undermining. This would inturn impact on some vegetation with it collapsing into the lagoon. (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and The proposal is not likely to result in any further fragmentation or isolation from other areas of habitat that was has already taken place in the Study Area. (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality No areas of habitat are proposed to be directly removed or modified. If however, subsidence of the lagoon banks occurred post dredging, there would be the potential for feed trees for this species to collapse into the lagoon resulting in the loss of some potential foraging habitat. However, given the local occurrence of feed trees and the range of this species, this is not considered to be significant. (e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly) No critical habitat has been identified within the Study Area. (f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan No Recovery Plan has been implemented for this species. (g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process The proposal is not likely to result in any key threatening processes. Conclusion In consideration of the above, the proposal is not likely to result in a significant impact on the local occurrence of the Glossy Black-Cockatoo. The preparation of a Species Impact Statement for this species is therefore not required. Black Bittern Ixobrychus flavicollis (a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction No Black Bitterns were identified within the Study Area and no nests were found however the Study Area does provide potential habitat for this species. There is no proposal to remove areas of native vegetation as the proposed works will be undertaken via the use of a floating barge so direct impacts to the shoreline are not expected. Habitat requirements for this species are not likely to be significantly altered. Some minor temporary impacts are expected due to machinery noise and the use of flexible piping over the shoreline, however given the absence of any specimens and nest sites and the low impact nature of the works this is not likely to present a significant impact on the lifecycle of this species. (b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction No endangered populations were identified within the Study Area. (c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed: (i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or N/A (ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction N/A (d) in relation to the habitat of a threatened species, population or ecological community: (i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and Given that there will be limited disturbance to the shoreline, no areas of habitat are proposed to be directly removed or modified. Some subsidence of the banks may occur post dredging, which may result in the loss of some potential habitat for this species. (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and The proposal is not likely to result in any further fragmentation or isolation from other areas of habitat that was has already taken place in the Study Area. (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality Given that there will be limited disturbance to the shoreline, no areas of habitat are proposed to be directly removed or modified. Some subsidence of the lagoon banks may occur post dredging, however given that no species or nesting sites were identified and the length of the shorelines of the entire lagoon containing potential habitat, the proposal is not likely to impact on the long-term survival of the species. (e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly) No critical habitat has been identified within the Study Area. (f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan No Recovery Plan has been implemented for this species. (g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process The proposal is not likely to result in a key threatening process. Conclusion In consideration of the above, the proposal is not likely to result in a significant impact on the local occurrence of the Black Bittern. The preparation of a Species Impact Statement for this species is therefore not required. Appendix 5. Significant Impact Criteria Environment Protection and Biodiversity Conservation Act 1999 Two species listed as matters of NES were identified on the Study Area. The species addressed below are listed as Migratory Species under the EPBC Act. Significant impact criteria for Migratory Species An action is likely to have a significant impact on a migratory species if there is a real chance or possibility that it will: • substantially modify (including by fragmenting, altering fire regimes, altering nutrient cycles or altering hydrological cycles), destroy or isolate an area of important habitat for a migratory species; • result in an invasive species that is harmful to the migratory species becoming established in an area of important habitat for the migratory species; or • seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an ecologically significant proportion of the population of a migratory species. Latham’s Snipe Gallinago hardwickii Latham’s Snipe was identified on the Study Area. The action is not likely to result in the substantial modification of important habitat for this migratory species as the action will be undertaken from a floating barge confined to the water surface. Some minor impact of adjacent vegetation will occur due to the placement of temporary flexible piping, however this will be of a temporary nature as no clearing or excavation is likely to be required and will be removed upon completion. The proposal will result in noise and machinery activity which may temporarily disrupt the feeding and resting behaviour of this species if the proposal is undertaken whilst the species is present in eastern Australia, given the nature of the proposal however this is not considered to be a serious disruption. The proposal is not likely to disrupt the breeding behaviour of the species as Latham’s Snipe has been identified as a nonbreeding population in Australia. The proposal is not likely to result in a significant impact on this matter of national environmental significance. A referral to the Minister for the Department of the Environment, Water, Heritage and the Arts is therefore not required. Egret Ardea sp. Egrets were identified on the Study Area. The action is not likely to result in the substantial modification of important habitat for this migratory species as the action will be undertaken from a floating barge confined to the water surface. Some minor impact of adjacent vegetation will occur due to the placement of temporary flexible piping, however this will be of a temporary nature as no clearing or excavation is likely to be required and will be removed upon completion. The proposal will result in noise and machinery activity which has the potential to disrupt the lifecycle of this species. Some disruption to feeding and resting behaviour may occur whilst the dredging operation is carried out along the lagoon surface. Being of a minor and temporary nature the proposal is not likely to seriously disrupt an ecologically significant proportion of the population of this species. The proposal is not likely to result in a significant impact on this matter of national environmental significance. A referral to the Minister for the Department of the Environment, Water, Heritage and the Arts is therefore not required. Appendix 6. Map of Vegetation Points Assessed B A C D Q E P F G L O K M N H J I Appendix O DECCW Correspondence RE: Contaminant Mass Removal Our Ref LJ2818/L2023V5:IKB Contact Kester Boardman 22 January 2010 Department of Environment, Climate Change and Water Environment Protection and Regulation Group PO Box A290 SYDNEY SOUTH NSW 1232 Attention: Kieran Horkan Dear Kieran, RETURN OF WATER TO MANLY LAGOON DURING PROPOSED MANLY LAGOON DREDGING PROJECT On behalf of Manly and Warringah Councils I am writing in response to your letter of 17 November 2009. Firstly, thank you for the time of yourself and David Gathercole at our meeting (17 November 2009), and for the prompt follow up letter which you issued to us on the same day. The input to the Manly Lagoon dredging project from DECCW is highly valued by all parties. As you are aware, we discussed at length the legal implications of returning water removed from the lagoon with the dredge spoil back to the lagoon following dewatering of the solid material, and you have reminded us of the requirement to comply with Section 120 of the Protection of Environment Operations Act 1997 (PoEO Act) when returning water to the lagoon. At the meeting we undertook to calculate, in numerical terms, the net benefit that will be derived from dredging the lagoon, and this letter sets out the results of these calculations. We have also reviewed Section 120 of the PoEO Act and this letter goes on to describe why, in light of the calculation results, we believe that return of water to the lagoon can be achieved without any breach of Section 120 of the PoEO Act. Methodology for Calculation of the Net Benefit to Manly Lagoon In order to evaluate the potential water quality benefits of the proposed dredging, calculations were undertaken to consider the net mass or load of material and associated constituents removed from the system. This involved consideration of the mass of material removed from the lagoon in the sediments as well as the mass of material returned to the lagoon in the overburden water. The exact volumes of material which will be retained in the geobags and of over-burden water which will be generated is dependent on a number of variables which cannot accurately be predicted. However, a reliable range can be estimated. For example the % solids in the dredge slurry feed, and the percentage by which the geobag reduces the volume of the dredge slurry cannot be accurately predicted, but a reliable range can be quantified. Cardno (NSW) Pty Ltd ABN 95 001 145 035 Level 3, 910 Pacific Highway Gordon New South Wales 2072 Australia Telephone: 02 9496 7700 Facsimile: 02 9499 3902 International: +61 2 9496 7700 Email: sydney@cardno.com.au Web: www.cardno.com.au Cardno Offices Brisbane Sydney Canberra Melbourne Perth Darwin Cairns Townsville Mackay Rockhampton Hervey Bay Sunshine Coast Toowoomba Gold Coast Gosford Baulkham Hills Wollongong Busselton Papua New Guinea Indonesia Vietnam China Kenya United Arab Emirates United Kingdom United States LJ2818/L2023V5 22 January 2010 2 Using a range of 20-30% by weight (w/w) which is considered to be the expected solids density of a slurry transported by a cutter suction dredge, and assuming that the total volume of sediment removed from the system will be 6400 m3 (at a specific gravity of 2.65 (Patterson Britton and Partners, 2007)), we have undertaken calculations to provide a range of outcomes representative of realistic operating conditions. On the basis of these calculations two realistic scenarios are considered below: Scenario 1: This scenario assumes that • • 5,600 m3 of solid material will be retained in the geobag, and 25,700 m3 of overburden water will be generated. Scenario 2: This scenario assumes that • 6,400 m3 of solid material will be retained in the geobag, and • 27,000 m3 of overburden water will be generated. The calculation used for both scenarios can be defined as: Mass removed from lagoon via dredging – Mass returned to the lagoon in the water = Net permanent removal of mass Results The results of the mass calculations for the two scenarios considered are shown in Tables 1 and 2 respectively. The values reported in the tables are dependent on the available data which was sourced as identified in the tables. In some cases, where data was not available, calculations could not be completed. In other cases, where data was not available, information has been inferred from equivalent systems. A net positive benefit was identified from the mass calculations where the overall mass of constituents (or count of faecal indicator species) will be reduced in the lagoon system. Table 1: Mass Calculations for Contaminants in Dredged Material for Scenario 1 Mass of Sediment Mass Removed from Net removal of returned to Parameter Lagoon and Mass from the Comment the Lagoon captured in the Lagoon (kg) in Water (kg) geobag (kg) Metals 1,2 Arsenic Net positive benefit 37.20 0.22 36.97 Chromium 1,2 Lead1,2 Nickel Zinc 1,2 1,2 1,2 Mercury 32.26 0.08 32.18 Net positive benefit 46.37 0.29 46.08 Net positive benefit 11.09 0.15 10.94 Net positive benefit 55.44 0.85 54.59 Net positive benefit 0.10 0.00 0.10 No data No data Net positive benefit N/A. Assume net positive benefit could be expected. 5.14 236.78 3.08 218.68 1,3 Fluoride 705.60 Petroleum Hydrocarbons C15-C28 Fraction1,2 241.92 C29-C36 221.76 H:\Doc\2010\Letters.2010\L2023V5.docx Net positive benefit Net positive benefit LJ2818/L2023V5 22 January 2010 3 Mass of Sediment Removed from Lagoon and captured in the geobag (kg) Parameter Mass returned to the Lagoon in Water (kg) Net removal of Mass from the Lagoon (kg) Comment 1,2 Fraction Total Petroleum 1,2 Hydrocarbons 524.16 8.22 515.94 Net positive benefit based on assumption of a sum of the independent petroleum hydrocarbons values for the return water. Faecal Indicators Enterococci1,2 4.1328E+11 9.00E+11 -4.86E+11 4.1328E+11 9.00E+10 3.23E+11 1,4 Enterococci (After T90 of 6.6 hours decay after Kay et al, 2005) Assumed CFU and MPN are equivalent (both are counts)*. Overall shows that there is a net increase in counts due to the dredge process but does not take into account die off due to sunlight exposure during the dewatering process. Die-off can be expected to occur at a rate of T90 of 6.6 hours (Kay et al, 2005) for low turbidity water. This means that the concentration will be reduced by 90% in 6.6 hours of sunlight exposure. Assumed CFU and MPN are equivalent (both are counts)*. Values with die-off assumed. Net positive benefit Nutrients Ammonia as N 3,2 Nitrite + 3,2 Nitrate TKN TN 5,2 44.46 No data No data 10.28 No data 473.76 71.96 401.80 No data 82.24 No data 595.37 2.57 592.80 1.01 0.00 1.01 Net positive benefit 1.01 0.13 0.88 Net positive benefit 3,2 5,2 TP Other 6,6 Cadmium Copper 6,6 6,3 Total Cyanide 1.01 No data No data 6,3 Styrene 5.04 No data No data 50.40 No data No data 6,3 Napthelene 3,2 Phenols No data 0 No data No data 0 No data Benzo(a)pyrene 3,2 H:\Doc\2010\Letters.2010\L2023V5.docx No sediment data, therefore unsuitable for reporting. Included here for reference. No sediment data, therefore unsuitable for reporting. Included here for reference. Net positive benefit. The amount of TKN load removed has been conservatively assumed as 5% by the geobag process in the absence of field trial data. This compares with a calculated reduction of 98-100% for metals for which data is available. No sediment data, therefore unsuitable for reporting. Included here for reference. Net positive benefit No data No water data, therefore unsuitable for reporting. Included here for reference. No water data, therefore unsuitable for reporting. Included here for reference. No water data, therefore unsuitable for reporting. Included here for reference. Zero return load means that a net positive benefit or neutral effect is expected. Zero return load means that a net positive benefit or neutral effect is expected. LJ2818/L2023V5 22 January 2010 4 * Maximum Probable Number (MPN) values are estimates (statistical in nature), while plate counts are direct counts of living organisms expressed in Colony Forming Units (CFU/mL). For actively growing microbacteria i.e. not aged cultures, the CFU count is comparable to the MPN count (Coates, 2003). However, the calculated value for removal of this parameter from the lagoon should be considered subject to a relatively high degree of inaccuracy. 1 – Sediment quality data from Cardno Ecology Lab (2009) 2 – Return water quality data from Second Flush Analysis from Cardno Ecology Lab (2009) 3 – This analyte was not tested for during the trial dredge (Cardno Ecology Lab, 2009) 4 – Calculations adjusted to incorporate faecal enterococci die off as per Kay et al (2005) 5 – Sediment nutrient concentrations inferred from average concentrations from data collected (50 samples) in May 2007 from a similar system, Towradgi Lagoon in the Illawarra region. TP = 235 mg/kg. TKN = 935 mg/kg. (Source: Wollongong City Council, unpublished) 6 – The upper range values have been reported as some values in the data set are below detection limit. It should also be noted that no account was made for the proposed addition of lime to the sediment, since there is no appropriate background data (e.g. calcium or alkalinity) from which change can be measured. However, it is noted that the ASSMP specifies the use of agricultural lime at concentrations which will not lead to negative environmental impact. Table 2: Mass Calculations for Contaminants in Dredged Material for Scenario 2 Mass of Sediment Mass Removed from Net removal of returned to Parameter Lagoon and Mass from the Comment the Lagoon captured in the Lagoon (kg) in Water (kg) geobag (kg) Metals Arsenic1,2 Net positive benefit 42.51 0.23 42.27 Chromium 1,2 1,2 Lead Nickel 1,2 Zinc1,2 1,2 Mercury 36.86 0.08 36.78 Net positive benefit 52.99 0.30 52.69 Net positive benefit 12.67 0.16 12.51 Net positive benefit 63.36 0.89 62.47 Net positive benefit 0.12 0.00 0.12 No data No data Net positive benefit N/A. Assume net positive benefit could be expected. 5.40 271.08 3.24 250.20 1,3 Fluoride 806.40 Petroleum Hydrocarbons C15-C28 1,2 Fraction 276.48 C29-C36 1,2 Fraction 253.44 Total Petroleum Hydrocarbons1,2 599.04 8.64 590.40 Net positive benefit Net positive benefit Net positive benefit based on assumption of a sum of the independent petroleum hydrocarbons values for the return water. Faecal Indicators Enterococci 1,2 4.7232E+11 9.45E+11 -4.73E+11 4.7232E+11 9.45E+10 3.78E+11 1,4 Enterococci (After T90 of 6.6 hours decay after Kay et al, 2005) Assumed CFU and MPN are equivalent (both are counts)*. Overall shows that there is a net increase in counts due to the dredge process but does not take into account die off due to sunlight exposure during the dewatering process. Die-off can be expected to occur at a rate of T90 of 6.6 hours (Kay et al, 2005) for low turbidity water. This means that the concentration will be reduced by 90% in 6.6 hours of sunlight exposure. Assumed CFU and MPN are equivalent (both are counts)*. Values with die-off assumed. Net positive benefit Nutrients Ammonia as N3,2 No data H:\Doc\2010\Letters.2010\L2023V5.docx 46.71 No data No sediment data, therefore unsuitable for reporting. Included here for reference. LJ2818/L2023V5 22 January 2010 5 Mass of Sediment Removed from Lagoon and captured in the geobag (kg) Parameter Mass returned to the Lagoon in Water (kg) Net removal of Mass from the Lagoon (kg) No data 10.8 No data 538.06 75.60 462.46 No data 86.4 No data 135.23 2.7 132.53 No sediment data, therefore unsuitable for reporting. Included here for reference. Net positive benefit. The amount of TKN load removed has been conservatively assumed as 5% by the geobag process in the absence of field trial data. This compares with a calculated reduction of 98-100% for metals for which data is available. No sediment data, therefore unsuitable for reporting. Included here for reference. Net positive benefit 1.152 0 1.152 Net positive benefit 1.152 0.135 1.017 Net positive benefit 1.152 No data No data 5.76 No data No data 3,2 Nitrite + Nitrate TKN 5,2 TN3,2 5,2 TP Other Cadmium6,6 Copper 6,6 Comment Total Cyanide6,3 6,3 Styrene 6,3 Napthelene 57.6 No data No data No water data, therefore unsuitable for reporting. Included here for reference. No water data, therefore unsuitable for reporting. Included here for reference. No water data, therefore unsuitable for reporting. Included here for reference. Zero return load means that a net positive benefit or neutral effect is No data 0 No data expected. Zero return load means that a net Benzo(a)pyrene3,2 positive benefit or neutral effect is No data 0 No data expected. * Maximum Probable Number (MPN) values are estimates (statistical in nature), while plate counts are direct counts of living organisms expressed in Colony Forming Units (CFU/mL). For actively growing microbacteria i.e. not aged cultures, the CFU count is comparable to the MPN count (Coates, 2003). However, the calculated value for removal of this parameter from the lagoon should be considered subject to a relatively high degree of inaccuracy. 1 – Sediment quality data from Cardno Ecology Lab (2009) 2 – Return water quality data from Second Flush Analysis from Cardno Ecology Lab (2009) 3 – This analyte was not tested for during the trial dredge (Cardno Ecology Lab, 2009) 4 – Calculations adjusted to incorporate faecal enterococci die off as per Kay et al (2005) 5 – Sediment nutrient concentrations inferred from average concentrations from data collected (50 samples) in May 2007 from a similar system, Towradgi Lagoon in the Illawarra region. TP = 235 mg/kg. TKN = 935 mg/kg. (Source: Wollongong City Council, unpublished) 6 – The upper range values have been reported as some values in the data set are below detection limit. It should also be noted that no account was made for the proposed addition of lime to the sediment, since there is no appropriate background data (e.g. calcium or alkalinity) from which change can be measured. However, it is noted that the ASSMP specifies the use of agricultural lime at concentrations which will not lead to negative environmental impact. 3,2 Phenols H:\Doc\2010\Letters.2010\L2023V5.docx LJ2818/L2023V5 22 January 2010 6 Discussion of Results Under both scenarios considered (Tables 1 and 2), there is a demonstrable net benefit to the lagoon with the mass of all parameters for which data is available being shown to reduce within the lagoon as a result of the dredging and dewatering proposed. In particular, the removal of metals, hydrocarbons and nutrients is notable. It is expected that other parameters for which data is not available will behave in a similar manner. The calculations quantify the mass of materials which, subject to test results, will be returned to the Lagoon in the overburden water. At the levels shown, this return of material should not be considered to constitute ‘water pollution’ under the definition of the PoEO Act. For water pollution to occur, there must be a material change in the physical, chemical or biological condition of the Lagoon as a result of the return water release. It is our professional opinion that given the natural temporal and spatial variability in lagoon water quality, the return of overburden water to the lagoon will not result in any demonstrable change to water quality within the section of the lagoon bounded by the silt curtains (and therefore to water throughout the lagoon), nor will the return water change the Lagoon from its current status with respect to its current values (related to aquatic ecosystem health and recreational health). Notwithstanding the above, it is important to consider the results in the context of natural aquatic systems. There is a natural equilibrium in aquatic systems between the concentration of a substance in the sediment, and the concentration of the same substance in the aqueous phase. Consequently, although we do not expect any change to be measurable as a result of returning the overburden water to the lagoon, we can be confident that by permanently removing contaminants from the lagoon through the overall dredging process the concentration in the water column will also reduce. It should be noted that there are a number of other variables in the dredging process, including the efficiency of the geobags in dewatering the dredge slurry. We have used a value of 25% in these calculations to indicate that for each 100m3 of dredge slurry entering the bag, 75m3 will pass through the bag, and 25m3 will be retained. However, changing this value is not expected to significantly change the results as the concentrations in the sediment are several orders of magnitude greater than the concentrations in the aqueous phase. The value of 25% has been selected on the basis of professional opinion within Cardno, and is consistent with the range of values quoted by manufacturers of geobag technology. Dewatering using this technology is largely a physical process, and consequently there is also a clear link between the % solids in the dredge slurry feed, and the efficiency of the geobag. Sensitivity analysis of several key variables shows that depending on actual operating conditions, removal of 6,400 m3 sediment from the lagoon bed can be expected to result in 5,000 – 6,300 m3 dewatered sediment in the bag, and 24,000 – 36,000 m3 of overburden water being generated. Other Issues Raised In addition to the return of water to the lagoon, your letter confirmed to us a number of other useful pieces of information for which we are grateful. In particular, you confirmed that should the dredged material be disposed of at landfill, an exemption from the waste disposal levy may be applicable, and you highlighted to us the existence of Endangered Ecological Communities (EECs) along the lagoon banks. With regard to the latter point, we have reviewed the location of these EECs, and incorporated a number of additional mitigation measures into the Review of Environmental Factors for the project which will shortly be submitted to the Land and Property Management Authority (LPMA) for determination to ensure their protection. H:\Doc\2010\Letters.2010\L2023V5.docx LJ2818/L2023V5 22 January 2010 7 Should you wish to discuss any of the above, please do not hesitate to contact me on (02) 9496 7700. Yours faithfully Kester Boardman Senior Environmental Scientist for Cardno (NSW) Pty Ltd References Cardno Ecology Lab (2009) Results of Trial Dredging 2 – Manly Lagoon Dredging Project. September. Report prepared for Manly Council. Coates, Anthony R.M. (2003) Dormancy and Low-Growth States in Microbial Disease. Cambridge University Press (page 110). Holtz, Robert D. and William D. Kovacs (1981) An Introduction to Geotechnical Engineering. PrenticeHall (page 15). Kay, D., C.M. Stapleton, M.D. Wyer, A.T. McDonald, J. Crowther, N. Paul, K. Jones, C. Francis, J. Watkins, J. Wilkinson, N. Humphrey, B. Lin, L. Yang, R.A. Falconer and S. Gardner (2005) Decay of intestinal enterococci concentrations in high-energy estuarine and coastal waters: towards real-time T90 values for modelling faecal indicators in recreational waters, Water Research, Volume 39, Issue 4, February, Pages 655-667. Patterson Britton and Partners (2007) Manly Lagoon rehabilitation works sediment removal from sites 1 and 2 additional sediment sampling and testing. Wollongong City Council (unpublished data) Towradgi Lagoon Sediment Quality Data – Collected May 2007. H:\Doc\2010\Letters.2010\L2023V5.docx Attachment 1 Addendum to Manly Lagoon Dredging Project – Review of Environmental Factors (FINAL LJ2818/Rep2580V3 9 Feb 2010) Additional Planning Detail CONSIDERATION OF PERMISSIBILITY State Environmental Planning Policy Infrastructure (2007) Prevailing Environmental Planning Instrument (EPI) The proposed works are permissible as development permitted without consent pursuant to the provisions of State Environmental Planning Policy Infrastructure (2007). Notwithstanding, the land is still subject to the provisions of Warringah Local Environment Plan 2000 (WLEP 2000) and the subject land lies within the G2 – Riverview Parade Locality. Notwithstanding the applicability of WLEP 2000 as detailed above, Clause 8(1) of SEPP Infrastructure (2007) provides that “except as provided by subclause (2), if there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency”. In addition, SEPP Infrastructure (2007) defines consent as: “consent: (a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and (b) when used in any other context, means development consent. Note. As a result of paragraph (a) of the definition of consent, development that this Policy provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order). Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.” From the above, it is important to note that: An area of inconsistency between WLEP 2000 and SEPP Infrastructure (2007) is that WLEP 2000 requires development consent for the works to be issued and an assessment conducted under Part 4 of the Environmental Planning and Assessment Act 1979, notwithstanding the requirements of WLEP 2000, SEPP Infrastructure (2007) allows the development to be permitted without consent (subject to the environmental assessment and approval requirements of Part 5 of the Environmental Planning and Assessment Act 1979) in this regard as detailed Clause 8(1) of SEPP Infrastructure (2007) the SEPP prevails and development consent under Part 4 of the Environmental Planning and Assessment Act 1979 is not required. As the prevailing Environmental Planning Instrument is SEPP Infrastructure and the areas of inconsistency have been established, development consent and consideration under WLEP 2000 is not required as the SEPP Infrastructure refers the consent authority to a consideration of the environmental impact under Part 5 (not Part 4) of EPA Act 1979. Page 1 of 3 Consideration of the proposed works Dredging Division 25 Waterway or foreshore management activities of SEPP Infrastructure (2007) provides that waterway or foreshore management activities includes dredging to rehabilitate aquatic habitat or to maintain or restore environmental flows or tidal flows for ecological purposes. In this regard the details within Section 2.1 of Report No LJ2818/Rep2580V3 prepared by Cardno dated 9 February 2010 provides that the works are for water quality, as such pursuant to Clause 129 (2)(d) the waterway or foreshore management activities falls within the ambit of ‘environmental management works’ which is defined as “environmental management works means: (a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and (b) environmental protection works.” Use of Nolan Reserve for the placement of geo-bags to separate the soil and water particles Division 12 Parks and other public reserves of SEPP Infrastructure (2007) provides that environmental management works are permitted to be carried out by or on behalf of a council without consent on a public reserve under the control of or vested in the council. In this regard, ‘environmental management works’ is defined as: “environmental management works means: (a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on water, soil, air, biodiversity, traffic or amenity), and (b) environmental protection works.” As detailed within Section 2.5.3 of Report No LJ2818/Rep2580V3 prepared by Cardno dated 9 February 2010 the use of Nolan Reserve for the placement of geo-bags to separate the soil and water particles this is considered for fall within the ambit of avoiding, reducing, minimising or managing the environmental effects of development (the development being the dredging discussed above). REQUIREMENTS FOR CONSIDERATION Both the: the dredging works; and the use of Nolan Reserve for the placement of geo-bags to separate the soil and water particles Are required to be considered under the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 as an activity. An activity is defined under Section 110 of the EPAA as: (a) the use of land, and … (5) the carrying out of a work, and …” All works within the reserve area are required to be carried out by or on behalf of a council on a public reserve under the control of or vested in the council and all works within the waterway or foreshore must be carried out by or on behalf of a public authority. Page 2 of 3 CONCLUDING COMMENTS The proposed works are permissible as development permitted without consent pursuant to the prevailing Environmental Planning Instrument (EPI) State Environmental Planning Policy Infrastructure (2007). All works are required to be considered under the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 as an activity by the Natural Environment Unit or other relevant delegate. All works are required to be carried out by or on behalf of a council This referral does not stipulate any other requirement that must be completed to satisfy New South Wales and Commonwealth legislation you should check, as may be relevant, with other authorities e.g. NSW Department of Fisheries or NSW Department of Environment, Climate Change and Water etc. Page 3 of 3