Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program · 2018-04-03 ·...

Aquatic Ecology CEMP

Sub-plan and Marine

Ecology Construction

Monitoring Program

Eden Breakwater Wharf Extension

August 2017

Level 17, 141 Walker St

North Sydney NSW 2060

Australia

301311-13734-EN-REP-0010

www.advisian.com

Aquatic Ecology CEMP Sub-plan and Marine Ecology Construction Monitoring Program Advisian 2 of 41

Synopsis

The Aquatic Ecology Construction Environmental Management Plan (CEMP) Sub-plan has been

prepared by Advisian to identify environmental risks associated with aquatic ecology and how

those identified risks will be managed and mitigated for all construction activities for the Eden

Breakwater Wharf Extension herein referred to as “the Project”. The Project is to be carried out by

NSW Department of Industry – Lands and Forestry (the Principal).

Specifically, the Aquatic Ecology CEMP Sub-plan has been prepared to address the requirements of

Conditions C3c, C4 and C5 of the Infrastructure Approval (SSI 7734) and details how the

performance outcomes, commitments and mitigation measures specified in the Environmental

Impact Statement (EIS) and Response to Submissions (RTS) Report prepared during the planning

approval stage of the Project, as well as the relevant terms of the Infrastructure Approval, will be

implemented and achieved during construction. In accordance with Condition C17, the

requirements of the Marine Ecology Construction Monitoring Program in Conditions C10, C11, C12

and C13 have been incorporated into this Sub-plan.

Disclaimer

Advisian operates as an independent business line of the WorleyParsons Group. This report has

been prepared on behalf of and for the exclusive use of NSW Department of Industry - Lands &

Forestry, and is subject to and issued in accordance with the agreement between NSW Department

of Industry - Lands & Forestry and WorleyParsons.

Advisian accepts no liability or responsibility whatsoever for it in respect of any use of or reliance

upon this report by any third party.

Copying this report without the permission of NSW Department of Industry - Lands & Forestry and

Advisian is not permitted.


Project No: 301311-13734-EN-REP-0010 – Aquatic Ecology CEMP Sub-plan

and Marine Ecology Construction Monitoring Program: Eden Breakwater

Wharf Extension

Rev Description Author Review

Advisian

Approval Date

A Draft for Internal

Review C. Steele C. Jones N/A

06.07.17

B Draft for Internal

Review C. Steele S. Mason-

Jones

N/A

12.07.17

C Draft for Contractor

and Agency Review C. Steele S. Mason-

Jones

N/A

13.07.17

0 Issued for Use

C. Steele S. Mason-

Jones

S. Mason-

Jones

25.07.17

1 Re-Issued for Use

C. Steele S. Mason-

Jones

S. Mason-

Jones

09.08.17

Endorsement by Environment Representative

Name: Sofie Mason-Jones

Signature:

Date: 09/08/17


Table of Contents

Acronyms and Terms ....................................................................................................................... 6

1 Introduction ......................................................................................................................... 10

1.1 Purpose and Objectives of the Sub-plan ..................................................... 10

1.2 Requirements Matrix ........................................................................................... 10

1.3 Project Description .............................................................................................. 12

2 Approval Requirements ................................................................................................... 15

2.1 Infrastructure Approval ...................................................................................... 15

2.2 EPBC Referral Decision ....................................................................................... 15

2.3 Sea Dumping Permit ........................................................................................... 15

2.4 Harbour Master Approval ................................................................................. 15

3 Agency Consultation ......................................................................................................... 16

4 Management Controls ..................................................................................................... 18

5 Marine Ecology Monitoring ........................................................................................... 26

5.1 Baseline Data ......................................................................................................... 26

5.1.1 Marine Habitats .................................................................................................. 26

5.1.2 Marine Species .................................................................................................... 29

5.2 Marine Species Monitoring .............................................................................. 33

5.3 Piling and Re-Strike Testing Shut-down Requirements ......................... 34

5.4 Reporting of Monitoring Results .................................................................... 35

5.5 Monitoring Improvement Procedure ............................................................ 35

6 Reporting .............................................................................................................................. 36

6.1 Construction Specific Records and Reporting ........................................... 36

7 Review and Improvement ............................................................................................... 39


7.1 Continuous Improvement ................................................................................. 39

7.2 Sub-plan Update and Amendment ............................................................... 39

References .......................................................................................................................................... 40

Appendices

Appendix A: Agency Correspondence


Acronyms and Terms

Acronym and Term Definition

ALARP As low as reasonably practicable

BMP Batemans Marine Park

CEMP Construction Environmental Management Plan

Construction Includes all physical work required to construct the SSI, other

than the following low impact work:

(a) survey works including carrying out general alignment

survey, installing survey controls (including installation

of global positioning system (GPS)), installing repeater

stations, carrying out survey of existing and future

utilities and building and road dilapidation surveys and

hydrographic survey;

(b) background and/or baseline monitoring works;

(c) investigations including investigative drilling and

excavation;

(d) establishment of ancillary facilities in approved locations

or in locations meeting the criteria identified in

Condition A9 and Condition A11 of the Infrastructure

Approval including constructing ancillary facility access

roads and providing utilities to the facility;

(e) operation of ancillary facilities if the ER has determined

the operational activities will have minimal impact on the

environment and community

(f) minor clearing and relocation of native vegetation, as

identified in the EIS/RTS;

(g) installation of mitigation measures including erosion and

sediment controls, temporary exclusion fencing for

sensitive areas and acoustic treatments;

(h) relocation and connection of utilities where the

relocation or connection does not present a significant

risk to the environment as determined by the ER;

(i) archaeological testing under the Code of practice for

archaeological investigation of Aboriginal objects in NSW

(DECCW, 2010) or archaeological monitoring undertaken

in association with (a)-(i) above to ensure that there is

no impact on heritage items;

(j) other activities determined by the ER to have minimal

environmental impact which may include construction of

minor access roads, temporary relocation of pedestrian

and cycle paths and the provision of property access;

and



(k) maintenance of existing buildings and structures

required to facilitate the carrying out of the SSI.

However, where heritage items, or threatened species,

populations or ecological communities (within the meaning of

the EP&A Act) are affected or potentially affected by any low

impact work, that work is construction, unless otherwise

determined by the Secretary in consultation with OEH or DPI

Fisheries (in the case of impact upon fish, aquatic invertebrates

or marine vegetation).

Contractor The Head or Principal Contractor for any contractor package.

This includes any direct employees, sub-contractors or sub-

consultants.

DISRD NSW Department of Industry, Skills and Regional Development

DoEE Commonwealth Department of the Environment and Energy

DP&E NSW Department of Planning and Environment

DPI NSW Department of Primary Industries including DPI Agriculture,

DPI Biosecurity and Food Safety, DPI Water and DPI Fisheries

Dumping Activities

Defined in the Sea Dumping Permit Variation as:

means all activities associated with the dumping permitted under

this permit, including:

(i) the loading for the purpose of dumping of dredged

material;

(ii) the dumping of the material at the prescribed

disposal site

EIS

The Eden Breakwater Wharf Extension State Significant

Infrastructure - Environmental Impact Statement, dated 3

November 2016

EP&A Act Environmental Planning and Assessment Act 1979

EPA NSW Environment Protection Authority

EPBC Act Commonwealth Environment Protection and Biodiversity

Conservation Act 1999

EPBC Referral Decision EPBC Referral Decision (EPBC 2016/7828), issued by DoEE, dated

13 April 2017

ER The Environmental Representative for the SSI

FM Act NSW Fisheries Management Act 1994

Harbour Master Approval Harbour Master Approval issued by the Port Authority of NSW

on 14 June 2017 under Clause 67ZN of the Ports and Maritime

Administration Regulation 2012

Infrastructure Approval Infrastructure Approval (SSI 7734) issued by the Executive

Director, Priority Projects Assessment (as delegate of the

Minister for Planning) DP&E under Section 115ZB of the

Environmental Planning and Assessment Act 1979, dated 5 July

2017)

IMO International Maritime Organisation



IMS Invasive Marine Species

Incident An occurrence or set of circumstances that:

causes, or threatens to cause, material harm to the

environment, community or any member of the

community, being actual or potential harm to the health

or safety of human beings or to threatened species,

endangered ecological communities or ecosystems that

is not trivial; or

results in non-compliance with the Infrastructure

Approval

Key Threatening Process Key threatening process as specified in the NSW Fisheries

Management Act 1994

Low Impact Work Refer definition of Construction

Marine Mammal Observers

Trained marine mammal observer, with demonstrated

experience in the identification and management of whales and

to undertake the observation of whales during piling and re-

strike testing

Marine Species Means all whales, dolphins and marine turtles listed under the

Environment Protection and Biodiversity Conservation Act 1999

MARPOL International Convention for the Prevention of Pollution from

Ships 1973

Monitoring zone The area within a 300 metre radius of the (dredging disposal)

vessel

NOAA National Oceanic and Atmospheric Administration

NPWS NSW National Parks and Wildlife Service

NSW New South Wales

Observation Zone

The Observation Zone is defined as:

A horizontal radius as determined from the piling

equipment of 2.2 kilometres during September, October

and November, and

A horizontal radius determined from the piling

equipment of 1.5 kilometres during January, February,

March, April, May, June, July, August and December.

OEH NSW Office of Environment and Heritage

ORRCA Organisation for the Rescue and Research of Cetaceans in

Australia

Piling Defined in the EPBC Referral Decision as:

Any impact driving and/or vibro-coring

Proposed Mitigation

Measures

As detailed in the Response to Submissions Report Eden

Breakwater Wharf Extension, dated 24 February 2017

Principal NSW Department of Industry - Lands & Forestry

Re-strike testing Defined in the EPBC Referral Decision as:



Testing of an installed pile to confirm that the pile has been

installed to the appropriate engineering standards

RTS

Response to Submissions Report Eden Breakwater Wharf

Extension, dated 24 February 2017 including the Summary of

Proposed Mitigation Measures

Shut down zone The Shut-down Zone is defined as:


equipment of 1.3 kilometres during September, October

and November, and


equipment of 1 kilometres during January, February,

March, April, May, June, July, August and December.

Secretary Secretary of the NSW Department of Planning and Environment

Sea Dumping Permit

Variation

Sea Dumping Permit (SD2015/3102) Variation issued by DoEE

under the Environment Protection (Sea Dumping) Act 1981,

dated 27 April 2017

SSI The State Significant Infrastructure as generally described in

Schedule 1 of the SSI 7734 Infrastructure Approval

Threatened Flora and Fauna

Threatened species, populations and ecological communities

listed under the NSW Threatened Species Conservation Act 1005,

NSW Fisheries Management Act 1994 and Commonwealth

Environment Protection and Biodiversity Conservation Act 1999

TSC Act NSW Threatened Species Conservation Act 1995

VRA Vessel Risk Assessment

Whales Species listed under the Environment Protection Biodiversity

Conservation Act 1999 (EPBC Act)


1 Introduction

1.1 Purpose and Objectives of the Sub-plan

Advisian has prepared a Construction Environmental Management Plan (CEMP) to identify the

environmental risks and how those identified risks will be managed and mitigated for all

construction activities for the Eden Breakwater Wharf Extension herein referred to as “the Project”.

The CEMP also addresses the relevant requirements of the Infrastructure Approval, the Sea

Dumping Permit Variation and EPBC Referral Decision.

This Aquatic Ecology CEMP Sub-plan has been prepared by Advisian to address the requirements

of Conditions C3c, C4 and C5 of the Infrastructure Approval and details how the performance

outcomes, commitments and mitigation measures specified in the Environmental Impact

Statement (EIS) and Response to Submissions (RTS) Report prepared during the planning approval

stage of the Project, as well as the relevant terms of the Infrastructure Approval, will be

implemented and achieved during construction. Further, in accordance with Condition C17, the

requirements of the Marine Ecology Construction Monitoring Program in Conditions C10, C11,

C12 and C13 have been incorporated into this Sub-plan. The Aquatic Ecology CEMP Sub-plan

forms part of the CEMP for the Project.

This Aquatic Ecology CEMP Sub-plan has been prepared in consultation with the NSW Department

of Primary Industries (DPI) and the NSW Office of Environment and Heritage (OEH). The details of

the consultation undertaken are set out in Section 3 with copies of written correspondence

between the Principal and the agencies provided in Appendix A.

The objectives of this Aquatic Ecology CEMP Sub-plan are to:

Ensure all personnel and Contractor(s) clearly understand their environmental

obligations under the relevant Project approvals, permits and licences in relation to

aquatic ecology;

Enable the Project to comply with the relevant Commonwealth and State Government

requirements and all relevant Australian standards;

Describe the management/mitigation measures and requirements as detailed in the

CEMP, EIS (and as amended by the RTS Report) and all other approvals, permits and

licences to ensure risks to aquatic ecology are minimised to As Low As Reasonably

Practicable (ALARP); and

To detail the required Marine Ecology Monitoring Program required during

construction activities.

1.2 Requirements Matrix

Table 1-1 shows the sections of the Aquatic Ecology CEMP Sub-plan where the relevant conditions

of the Infrastructure Approval have been addressed.


Table 1-1 Matrix referencing the Infrastructure Approval Aquatic Ecology CEMP Sub-plan

Requirements and Section of Sub-Plan where addressed

Condition

No.

Requirement Reference

C3 The following CEMP Sub-plans must be prepared in consultation

with the relevant government agencies and stakeholders identified

for each CEMP Sub-Plan, and in consideration of the relevant

requirements in this approval and the Proposed Mitigation

Measures:

Required CEMP Sub-

plan

Relevant government

agencies and stakeholders

to be consulted

(c) Aquatic Ecology DPI, OEH

This CEMP

Sub-Plan

Section 3

Appendix A

C4 The CEMP Sub-plans must include, to the written satisfaction of the

Secretary, details of all information requested by an agency to be

included in a CEMP Sub-plan, including copies of all

correspondence from those agencies

Section 3

Appendix A

C5 The Aquatic Ecology CEMP Sub-plans is to make reference to

management measures and requirements of the Australian

Government specified in the Environment Protection and Biodiversity

Conservation Act 1999 (Commonwealth) referral decision EPBC

2016/7828 and Environment protection (Sea Dumping) Act 1981

(Commonwealth) sea dumping permit no. SD 2015/3102.

Section 2.2

Section 2.3

Table 4-1

C10 The following Construction Monitoring Programs must be prepared

in consultation with the relevant government agencies identified for

each Construction Monitoring Program to compare actual

performance of construction of the SSI against performance

predicted in the EIS/Submissions Report or in the CEMP:

Required CEMP Sub-

plan

Relevant government

agencies and stakeholders

to be consulted

(b) Marine Ecology

Monitoring

DPI, OEH

Section 5

Appendix A

C11 Each Construction Monitoring Program must provide:


a) Details of baseline data available Section 5.1

b) Details of baseline data to be obtained and when Section 5.1

c) Details of all monitoring of the project to be undertaken Section 5.2

d) The parameters of the project to be monitored Section 5.2

e) The frequency of monitoring to be undertaken Section 5.2

f) The location of monitoring Section 5.2

g) The reporting of monitoring results Section 5.3

h) Procedures to identify and implement additional mitigation

measures where results of monitoring are unsatisfactory

Section 5.5

i) Any consultation to be undertaken in relation to the monitoring

programs

Section 3

Appendix A

C12 The Construction Monitoring Programs must include, to the written

satisfaction of the Secretary, information requested by an agency to

be included in a Construction Monitoring Program including copies

of all correspondence from those agencies.

Section 3

Appendix A

1.3 Project Description

The Project comprises the extension of the existing Eden Breakwater Wharf and dredging of the

approach channel and berth pocket with offshore disposal, to accommodate the berthing of cruise

ships of up to 325m in length.

Key features of the Project include:

Extension of the existing wharf by approximately 95m;

Installation of three mooring dolphins and two berthing dolphins;


Installation of new landside bollards to restrain the ship’s bow;

Dredging of approximately 231,500m3 of in-situ material (including over-dredging

allowance);

Transport and placement of the dredge material at an offshore disposal site;

Installation of minor services (lighting, power, potable water and emergency water);

and

Installation of navigational aids.

The Eden Breakwater Wharf is located in Snug Cove, Eden, New South Wales and the proposed

offshore disposal site is approximately 6 nautical miles offshore from Twofold Bay.

Construction of the Project will be delivered in two stages under two separate contracts by a

Dredging Contractor and Marine Structures Contractor (as described in the Staging Report,

Revision 0, 24 July 2017). This Aquatic Ecology CEMP Sub-plan applies to both Stages.

Specific activities potentially affecting Aquatic Ecology include:

Dredging and disposal activities (managed by this Sub-plan and the Sea Dumping

Permit); and

Piling activities (managed by this Sub-plan and the EPBC Referral Conditions).

The dredging works will be undertaken by the Dredging Contractor utilising the selected BHD

‘Machiavelli’. The BHD will excavate the material and place it into the accompanying two split

hopper barges that towed by tugs will transport the material to and dispose of it by bottom

dumping at the offshore disposal site on a continual basis. It is expected that between five to eight

barge loads will be transported to the offshore disposal site per 24 hour period during the

dredging program. Dredging is programmed to start in the closest area to sensitive receivers and

once the dredging of the rock like material is completed, the BHD will have the freedom to be able

to move around the dredge area.

Piling to construct the new wharf deck will constitute steel piles, which will be driven to a design

toe level (level into the seabed) by a piling hammer lifted by a crane mounted either on a barge or

from the existing wharf. Prefabricated headstocks will then be installed by crane onto the piles.

Rock anchors may be installed in some piles, depending on pile refusal level. Three to four piles will

support each of the headstocks (or bents). Prefabricated concrete deck panels will then be lifted

into place, spanning across two adjacent headstocks (or bents). Once all deck panels have been

installed, gaps will be filled with a gap filler product, before an in-situ concrete topping slab is

installed and minor services are fitted to the deck.

Three mooring dolphins and two berthing dolphins will also be installed along the fender line

(berthing face). Each dolphin will consist of 6 steel tubular piles driven into the seabed by a piling

hammer suspended from a crane mounted on a barge. Once the piles are established, the pre-

fabricated dolphin modules will be installed with bollards on each of the decks, access platform,

safety ladders and hand railings fitted. Panel fenders will be installed on the berthing dolphins.


The key reference documents for a detailed description of the existing aquatic ecology

environment are Section 9.3 of the EIS (Advisian 2016a) and Appendix M of the EIS - Aquatic

Ecology Assessment (Advisian 2016b).

Further detail relating to the construction activities for the Project is contained within the CEMP

(Advisian Revision 3, August 2017) prepared under Conditions C1 and C2 of the Infrastructure

Approval.


2 Approval Requirements

This section identifies the conditions of the Project’s approvals, permits and licences relevant to

aquatic ecology.

2.1 Infrastructure Approval

Conditions of the Infrastructure Approval relating to aquatic ecology are as described in Section

1.1.

2.2 EPBC Referral Decision

The Project was deemed not a controlled action if undertaken in a particular manner by the

Delegate of the Minister for the Department of Environment and Energy (DoEE) in their Decision

Letter (EPBC Reference 2016/7828) on 13 April 2017. The manner in which the action must be

taken is outlined in Table 4-1. These conditions form key management and monitoring approaches

and procedures during construction.

2.3 Sea Dumping Permit

A Sea Dumping Permit was initially granted under the Environment Protection (Sea Dumping) Act

1981 on 18 February 2016. Following changes in the dredge volume, a Sea Dumping Permit

Variation was issued on 27 April 2017 by the Delegate of the Minister for the DoEE, to permit the

dumping of 231,500m³ (in situ) of dredged material by the Project. The Sea Dumping Permit

Variation is subject to conditions relating to marine ecology as contained in Table 4-1.

2.4 Harbour Master Approval

Harbour Master Approval was gained under the Ports and Maritime Administration Regulation,

2012 on 14 June 2017. The approval is subject to conditions relating to marine ecology as

contained in Table 4-1.


3 Agency Consultation

DPI and OEH were consulted during the preparation of the EIS, CEMP and RTS for the Project and

provided comments during DP&E’s assessment of the Project.

The Infrastructure Approval Part C - Construction Environmental Management, requires

preparation of a CEMP and a number of CEMP Sub-plans and Construction Monitoring Programs

to be prepared in consultation with relevant government agencies.

As required by Conditions C4 and C12, consultation was undertaken by the Principal with NSW

DPI and OEH. Their requests and the Principal’s response are outlined in Table 3-1.

Table 3-1 Aquatic Ecology Sub-plan Agency requests and Principal’s response

Agency Request Response

NSW DPI

(Fisheries)

Clarification of ‘BMP’ in Acronym

table.

BMP refers to Bateman’s Marine Park as

per Section 5.1.1.

Definition of ‘Key Threatening

Process’ to be changed from

“Key threatening process as

defined under the NSW Fisheries

Management Act 1994” to “Key

threatening process as specified

in the NSW Fisheries

Management Act 1994”.

Change made as requested.

Request that DPI-Fisheries be

immediately notified of any

“observations or reports of dead

or distressed fish”.

Reporting requirements changed in Table

4-1 as requested.

NSW DPI

(Aquaculture)

No request for further

information to be included.

No response required.

NSW DPI (Food

Authority)

Minor text edit; from “poison” to

“contaminate” in Section 5.1.2,

under Mussel Aquaculture.

Change made as requested.


NSW DPI (Food

Authority)

Recommendation for:

‘additional monitoring for at

least one sample site (Cattle Bay)

on alternate weeks to the mussel

farm’s monitoring program,

which could assist in providing

an early warning tool for the

farm, and possibly provide

baseline data to demonstrate

whether a bloom had been

triggered by the project or had

coincidentally been transported

into the bay.’

As described in the RTS, an assessment

of available information regarding the

incidence of algal blooms along the NSW

coastline has confirmed that Alexandrium

has been present in NSW waters since

1945. Pollard and Rankin (2003) also

confirmed the presence of Alexandrium

sp. in plankton tows from Twofold Bay as

well as cysts in sediments sampled from

a number of sites within Twofold Bay.

The trigger to germinate is believed to

be caused by a number of environmental

factors, but cannot be predicted with

confidence. A desktop review undertaken

by Jacobs (2017) (Appendix E to the RTS)

also confirmed that there have been no

studies that have demonstrated a link

between dredging and the occurrence of

algal blooms which also concluded that

dredging constituted a low risk.

Subsequently, the Principal does not

consider that additional monitoring is

required by the Project.

Consultation between the Principal, Food

Authority and Eden Mussel Farms will

throughout the Project.

NSW OEH No request for further

information to be included.

No response required.

Copies of all written correspondence are contained in Appendix A.


4 Management Controls

An Environmental Risk Analysis was undertaken during the preparation of the EIS to identify

potential environmental impacts associated with the construction (and operation) of the Project.

The Environmental Risk Analysis also considered the proposed mitigation and management

measures for the Project and residual risks following their implementation. Aquatic ecology was

one of the four key environmental risks identified in the Environmental Risk Analysis (Advisian

2016a).

As part of the Contractor(s) requirements (as described in Section 5.1 of the CEMP), an

Environmental Risk Analysis will be further developed in relation to its contract scope of works to

form the Project Risk Assessment, prior to construction. The CEMP contains this Project Risk

Assessment and identifies key environmental risks applicable to their works during the

construction phase of the Project and management controls to ensure that any risks shall be

managed to ALARP.

All Contractor(s) will implement reasonable and practicable measures to avoid or minimise impacts

to the environment that may arise from the Project. All Contractor(s) will ensure that work is

performed in a way that minimises impacts on the natural environment and complies with the

CEMP and related procedures, relevant legislation, regulations and rules, licences, approvals and

Project commitments made by the Principal.

Specific control measures required to manage the environmental impacts during the construction

works are described in the CEMP and must be complied with by all Contractor(s), as relevant to

their scope of work. Table 4-1 contains the relevant management controls from the CEMP relating

to aquatic ecology as well as conditions of the other relevant approvals, permits and licences as

described in Section 2.

Table 4-1 Aquatic Ecology Management Controls

Source Description

EPBC Referral

Decision

Piling Operation Procedures:

a. Pre-start Observation: Marine mammal observers must visually

monitor the observation zone for whales for a minimum of 30

minutes before the commencement of piling.

b. Soft-Start Procedure: If after the 30 minute pre-start observation no

whales have been spotted within the observation zone or shut-down

zone a soft start procedure may commence with a gradual increase in

piling impact energy of no more than 50% of full impact energy for

10 minutes. The soft start procedure must be implemented after

breaks in piling of 30 minutes or more.

c. Stand by procedure: when whales are spotted within the observation

zone during the soft start procedure the operator of the piling

equipment must be placed on standby to shut-down the piling rig

and a Marine Mammal Observer should continuously monitor the


Source Description

whales in sight at all times.

d. Normal Piling Procedure: if no whales have been sighted during the

soft-start procedure full impact piling may commence.

Re-strike testing:

a. Before the commencement of re-strike testing, marine mammal

observers must visually monitor the observation zone for whales for a

minimum of 30 minutes. Re-strike testing may only commence if no

whales are sighted in the observation zone or shut-down zone

during this time.

b. A maximum of 20 full impact strikes are to be applied to each test

pile.

Shut-Down requirements:

a. If visibility is poor and marine mammal observers are unable to

clearly identify objects to the full observation zone distance, a vessel

or aircraft search must be conducted or the piling and re-strike

testing postponed until visibility has improved.

b. Piling and re-strike testing is not permitted between 6.00pm and

7.00am.

c. If any whales are spotted within the shut-down zone, piling and re-

strike testing must cease immediately or as soon as safe to do so

until the whales move outside of the shut-down zone.

d. All piling and re-strike testing must cease for a minimum of 1 hour

after the last sighting of whales within the shut-down zone. Piling

and re-strike testing must recommence at the pre-start observation

after the 1 hour shut-down has elapsed.

Vessel speed limits:

a. All vessels associated with dredging and construction must travel at a

speed of 10 knots or less within the port limits, en-route to, or at the

disposal ground.

b. All cruise ships arriving at and departing from the Eden Breakwater

Wharf must be aware of the potential presence of whales and

maintain a suitable speed within the Port of Eden limits to avoid

collisions with whales.

Sea Dumping

Permit Variation

DISRD (Department of Industry, Skills and Regional Development) must

develop and submit for the Minister’s approval a Monitoring and

Management Plan for managing the impacts on the environment from

dumping activities. Dumping activities must not commence until the

Monitoring and Management Plan is approved.

For 20 minutes prior to the commencement of the dumping activities,

DISRD must ensure that a check is undertaken, using binoculars from a

high observation platform, for marine species within the monitoring

zone.


Source Description

If any marine species are sighted in the monitoring zone, dumping

activities must not commence in the monitoring zone until 20 minutes

after the last marine species is observed in the monitoring zone, or the

vessel is to move to another area of the disposal site to maintain a

minimum distance of 300 metres between the vessel and any marine

species.

If, at any time during the course of the dumping activities, an

environmental incident occurs or environmental risk is identified, all

reasonable measures must be taken immediately by DISRD to minimise

or mitigate the risk or the impact. DISRD must provide a report on the

environmental incident or risk to the Department within 24 hours, with

details of the incident or risk, the measures taken, the success of those

measures in addressing the incident or risk and any additional measures

proposed to be taken.

DISRD must document any incidents involving the dumping activities

that result in injury or death to any marine species. The date, time and

nature of each incident and the species involved, if known, must be

recorded, and the incident is to be reported within 24 hours.

Harbour Master

Approval

Prevention of Marine Pests:

a) The Proponent (Department of Industry – Lands and Forestry) shall

take all precautionary measures to prevent the spread of harmful

aquatic organisms.

b) Domestic biofouling will be managed through Best Practice Industry

Guidelines. This will require any vessels, dredges, barges, or other

floating equipment associated with the proposal (the Eden

Breakwater Extension Project) to be free of biofouling prior to entry

in the Port. The Proponent shall ensure all domestic vessels, dredges,

barges or other floating equipment associated with the proposal are

compliant with Industry Guidelines.

CEMP:

Marine Habitats

and Flora

To minimise damage to sensitive marine habitats (seagrass and subtidal

rocky reef) in the immediate construction area, Snug Cove and Cattle

Bay, all construction vessels must avoid anchoring over areas of sensitive

habitat including mapped seagrass beds and areas of subtidal rocky

reef. Vessels must only anchor (except in the case of emergencies) in

areas marked as a dedicated mooring zone for construction vessels.

To minimise unnecessary damage to marine habitats Contractor(s) must

limit any unnecessary / temporary construction (i.e. through selection of

the most appropriate construction methods) and limit any anchoring

which is required by vessels. Any temporary barge / platform structures

along the breakwater must be positioned so as to minimise physical

disturbance of macroalgae.

All construction works must be undertaken by suitably qualified and


Source Description

experienced Contractor(s) to reduce the risk of error and accidental

environmental damage.

To reduce the potential impacts of water and sediment quality on

marine habitats during construction, all mitigation measures outlined in

the Water Quality CEMP Sub-plan must be adopted.

To enhance the potential for Contractor(s) to be able to assist in the

protection of marine habitats (especially seagrass, macroalgae and rocky

reef areas) in the study area, all personnel, in particular Vessel Masters,

must be made aware of the areas of sensitive habitat within the study

area and of the potential impacts that construction works may have on

these areas.

A turbidity curtain with a minimum drop of 4m must be used locally

around the perimeter of pile drilling works to limit the spread of plumes

generated by drilling activities. Drilling spoil and cuttings must be

deposited at seabed level within the footprint of the new wharf and

contained within the turbidity curtain.

Monitoring of water quality (particularly turbidity) during dredging will

be undertaken and dredging operations ceased if levels of suspended

sediment become higher than trigger values developed.

CEMP:

Marine Fauna

To minimise damage to marine habitats in the study area which may be

utilised by marine fauna, all measures listed under ‘Marine Habitats and

Flora’ above to protect marine habitats must be adopted.

To reduce the potential impacts of marine debris on marine fauna, waste

associated with construction must be managed as per waste controls of

the CEMP. In addition, all ships at sea must adhere with the

amendments to the International Maritime Organisation’s (IMO’s)

International Convention for the Prevention of Pollution from Ships

(Marine Pollution: MARPOL) Annex V which came into force on 1 January

2013. The amendments prohibit the discharge of all garbage from ships

into the sea (except under very specific circumstances). This reverses the

presumption that garbage may be discharged into the sea based on

defined distances from shore and the nature of the garbage. The

amendments also list requirements for garbage management plans on

ships and port reception facilities for receiving waste. MARPOL is

implemented in Australia through the Protection of the Sea (Prevention

of Pollution from Ships) Act 1983.

To reduce the potential for lighting related impacts on marine fauna the

following measures will be adopted:

o Limit the need for construction activities, other than dredging, to be

undertaken during the evening and night time to reduce the overall

need for construction related artificial lighting (on vessels and on the

land portion of the site) and associated impacts.


Source Description

o The use of sensor lighting or dimmers on the wharf to reduce

brightness during times of night when the facility is less likely to be

in use.

If possible, the risk of overnight cable strike can be minimised by placing

floating plant on a swing mooring, where space permits and it is

deemed safe to do so by the vessel Master, rather than leaving plant in a

fixed mooring configuration as the reliance on a single swing mooring

line will minimise cable oscillation.

The risk of vessel strike during construction may be reduced through the

adoption of:

o All vessels associated with dredging and construction must travel at a

speed of 10 knots or less within the port limits, en-route to, or at the

disposal ground.

o Vessels must maintain a 300m exclusion zone with all whales en-

route to and from the disposal ground and within the disposal

ground.

o Education of all personnel.

o Active management such as daily information exchange on known

marine mammal activity (e.g. via local residents, commercial fishers,

mussel farmers, NPWS whale watch and Cat Balou Cruises).

o Awareness of the presence of marine fauna in the local waterway by

vessel operators so that they can adopt appropriate speeds and

clearance when cetaceans are nearby.

If within 300 m of a whale or dolphin, a vessel must:

o Operate at a constant speed of less than 6 knots and minimise noise

avoid sudden changes in direction

o Post a lookout for cetaceans if the whale of dolphin shows any signs

of being disturbed, manoeuvre to a distance of at least 300 m at a

constant speed of less than 6 knots (where safe to do so)

o If a calf appears, manoeuvre to a distance of at least 300 m from the

calf at a constant speed of less than 6 knots (where safe to do so) if

the vessel drifts or approaches.

A log of cetacean sightings and action taken to be kept for all work

areas.

Methods on how to deter seals and sea lions from damaging property

have been published by the National Oceanic and Atmospheric

Administration (NOAA 2015). These methods include:

o Barriers and exclusion devices (e.g. fencing, posts, bull rails, electric

fencing, netting, swim step protectors).

o Visual repellents (e.g. flags, flashing lights / strobes, balloons, human

attendants).

o Noise makers (e.g. horns, whistles or bells, electronic acoustic


Source Description

devices, clapping, banging).

o Physical contact (e.g. water hoses, poles, sprinklers or sprayers).

The potential impacts and possible deterrents to stop Fur Seals from

utilising the end of the breakwater during construction were discussed

by Advisian with experts in the field of marine mammals from the

Merimbula NPWS (Craig Dickman), DPI-Fisheries, Eden (Matthew

Proctor), Macquarie University (Rob Harcourt) and ORRCA (Organisation

for the Rescue and Research of Cetaceans in Australia). All experts

advised that seals will move away from the area during construction and

remain at distance from any activities occurring at the end of the

breakwater whilst construction is occurring. Any attempt to deter seals

using barriers, visual and noise deterrents and physical are more likely to

cause impacts to the seals more than the development itself. Based on

this advice no removal or deterrence of fur seals from the breakwater or

construction area will be undertaken as a mitigation measure.

All injured marine mammals should be immediately reported to the

ORRCA 24 hour hotline on 02 9415 3333 or NPWS on 1300 361 967. The

ORRCA telephone hotline is staffed by volunteers and keeps ORRCA

members, Government Authorities and interested members of the public

informed of marine mammal emergencies, incidents and sightings.

ORRCA representatives will quickly mobilise to site and attempt to

capture and treat the stricken animal. Depending upon the location of

the animal and the circumstances that surround the injury, construction

activities may need to cease or be altered to enable the rescue of the

animal.

CEMP:

Invasive Marine

Species

The four goals of the NSW Invasive Species Plan 2008 – 2015 (NSW DPI

2008) must be adopted for construction:

1. Exclude – i.e. prevent the establishment of new invasive species.

The challenge is to identify species, thoroughly assess potential

invasiveness and implement effective barriers to prevent their

establishment.

2. Eradicate or Contain – i.e. eliminate or prevent the spread of new

invasive species. The challenge is to develop and deploy effective

and efficient ways to eradicate or contain an introduced species

before it becomes widespread.

3. Effectively Manage – i.e. reduce the impacts of widespread invasive

species. The challenge is to manage or control of species to

reduce their impact where benefits are greatest.

4. Capacity – i.e. ensure NSW has the ability and commitment to

manage invasive species. The challenge is for NSW to have the

knowledge, skills, resources and systems to address the impacts

of invasive species.

All Contractor(s) must undertake a Vessel Risk Assessment (VRA) for

each vessel prior to mobilisation of the vessel to Site. The VRA may be


Source Description

undertaken by the vessel owner/operator. All vessels, floating plant and

dredge equipment mobilised to Site from any place inside or outside of

Australia shall be subject to a VRA. The VRA will determine if an Invasive

Marine Species inspection (IMS) is required. The Contractor(s) must

provide the completed VRA to the Principal at least four weeks prior to

the vessel leaving the departure port.

The Contractor(s) must undertake an Invasive Marine Species (IMS)

inspection of all vessels assessed in the VRA as uncertain or high risk for

introduction of invasive marine species. Any construction vessels

mobilised from outside of Australia shall be considered high risk and an

IMS inspection must be carried out.

The IMS inspection must be undertaken by an appropriately qualified

practitioner with experience in biosecurity of marine vessels. The

Contractor(s) is responsible for arranging the IMS inspection and

attendance of DPI-Fisheries.

The Contractor(s) must provide the completed IMS report to the

Principal at least seven days prior to the vessel leaving the departure

port.

Where IMS inspections identify significant amounts of sediment and/or

the presence of an invasive marine species (as deemed by the IMS

inspector) the vessel must be dry docked and cleaned prior to entering

the Site. The Contractor(s) must then resubmit the VRA and if the vessel

is classified as low risk it shall be permitted to sail to Site and begin

operations.

Construction vessel antifouling must be maintained to avoid the

attachment and potential translocation of invasive species into and out

of Twofold Bay.

Spillage of dredged sediments during transit to the disposal location

must be avoided so as not to increase the distribution of invasive

species which may occur within the Snug Cove area but not yet in other

areas of Twofold Bay. This should be done via proper containment of

marine sediments on the barges.

Ballast water management:

o Ballast water exchange by domestic vessels must be avoided.

o Domestic vessels must manage ballast water in accordance with the

Australian Ballast Water Management Requirements (Department of

Agriculture and Water Resources 2016).

o Any ballast water exchange from international vessels must be

undertaken in accordance with the International Convention for the

Control and Management of Ships' Ballast Water and Sediments

(BWM) (IMO 2016) – i.e. “whenever possible, conduct ballast water

exchange at least 200 nautical miles from the nearest land and in

water at least 200 m in depth, taking into account Guidelines

developed by IMO” and “in cases where the ship is unable to conduct

ballast water exchange as above, this should be as far from the


Source Description

nearest land as possible, and in all cases at least 50 nautical miles

from the nearest land and in water at least 200 m in depth”.

For all commercial vessels and/or barges, dredge or other equipment

coming from overseas the Australian Government Department of

Agriculture and Water Resources processes for pre-arrival, arrival and

inspection and post-arrival must be followed. These can be found at:

http://www.agriculture.gov.au/biosecurity/avm/vessels/commercial-

vessels/barges-and-towed-vessels

http://www.agriculture.gov.au/biosecurity/avm/vessels/commercial-

vessels/process_for_commercial_vessels

Monitoring and inspection / surveillance of the dredge vessel and

barges should be undertaken in accordance with the Biosecurity Act

2015.

CEMP:

Mussel

Aquaculture

Temporary relocation of the nearby mussel aquaculture facility from

their current Cattle Bay lease area to existing lease AL06/001 at

Boydtown for the duration of construction will help to ensure that

construction related impacts on mussel aquaculture are avoided.

To reduce the potential impacts of water and sediment quality on the

mussel aquaculture lease area located near the study area during

construction all mitigation measures outlined in the Water Quality CEMP

Sub-plan must be adopted.

DPI-Fisheries (1800 043 536) must be immediately notified of any

observations or reports of dead or distressed fish within the Site. In such

cases, all works other than emergency response procedures are to cease

until the issue is rectified and written approval to proceed is provided by

DPI-Fisheries.


5 Marine Ecology Monitoring

This section forms the Marine Ecology Construction Monitoring Program required by Condition

C10 and in accordance with C17 of the Infrastructure Approval.

The Monitoring Program has been prepared in consultation with DPI and OEH. The details of the

consultation undertaken are set out in Section 3 with copies of written correspondence between

the Principal and the agencies provided in Appendix A.

5.1 Baseline Data

No freshwater aquatic ecosystems are located within the Project area. The nearest coastal wetland

is Lake Curalo, located >2 kilometres north of the study area. Subsequently, only marine ecology is

described herein.

No further baseline data is proposed to be collected for the project.

5.1.1 Marine Habitats

Snug Cove is located within Twofold Bay which falls within the Twofold Shelf Marine Bioregion. The

Bioregion extends from Wallagoot Lake, NSW, to east of Wilsons Promontory in Victoria and south

into Tasmanian waters. No marine protected areas set aside for conservation under the NP&W Act

1974 and managed by the National Parks and Wildlife Service (NPWS) occur within Twofold Bay or

in the immediate study area. The closest marine protected area to the site is the Batemans Marine

Park (BMP), the southern extent of which ends at Wallaga Lake, just north of Bermagui (i.e. 90km

north of Twofold Bay).

Twofold Bay contains a wide variety of natural marine habitats including intertidal rocky shores,

sandy beaches, intertidal and subtidal reefs, deep-water areas, sand flats and coastal wetlands

which provide important habitat for marine life, cetaceans and threatened and migratory birds

(Breen et al. 2005). Under the DPI-Fisheries NSW Policy and Guidelines for Fish Habitat

Conservation and Management (NSW DPI 2013) (Table 2 of the Policy), the waterway of Twofold

Bay would be considered as a CLASS 1 – Major Key Fish Habitat, i.e. “a marine or estuarine

waterway or permanently flowing or flooded freshwater waterway (e.g. river or major creek), habitat

of a threatened or protected species or ‘critical habitat”.

A large area of Zostera sp. seagrass is located within Cattle Bay, to the approximate north-west of

the existing Breakwater Wharf, with a smaller area of Zostera sp. occurring within Snug Cove, to the

immediate north of the site. No other species of seagrass, mangroves or saltmarsh are mapped by

NSW DPI in the vicinity of the study area.

In 2014, Marine Solutions undertook bathymetric surveys and benthic habitat mapping within

Cattle Bay for the recently approved Cattle Bay Marina. Cattle Bay is in close vicinity to the Project

area, especially the dredge footprint. Towed video transects coupled with diver based


investigations were completed. Four main benthic habitat classes were identified within Cattle Bay,

and their approximate distribution mapped. These were:

a) High profile rocky reef dominated by brown macroalgae.

b) Cobble, shell and broken stone.

c) Seagrass: three species detected - Heterozostera sp, Posidonia sp. and Halophila sp.

d) Unconsolidated sand and silt.

Rocky reef was the dominant habitat present in shallow waters of Cattle Bay adjacent to the rocky

foreshore. Cobbles and shell were found at the outer edge of the rocky reef, and only represented

a small band of habitat. Further offshore, either sand or seagrass, or a mosaic of both, were

present.

In 2015 Australasian Marine Associates (AMA) undertook field surveys within Snug Cove and Cattle

Bay to identify and delineate the distribution of marine habitats within the study area. In early

2015, diver based field surveys of the rocky intertidal and subtidal areas immediately adjacent to

the foreshore and existing marine infrastructure were conducted to describe the communities

present in intertidal and subtidal areas and on artificial structures (AMA 2015).

A small embayment south of the Breakwater Wharf contained an intertidal rocky foreshore with

small rock pools. The marine macroalgae Neptune’s necklace (Hormosira spp.) dominates the

intertidal zone here.

On the northern side of Snug Cove a rocky intertidal foreshore occurs. Subtidally, the rocky

seafloor in this area is inhabited by the large brown macroalgae species, Sargassum spp..

The closest sandy beach to the site is located within Cattle Bay, approximately 800 m from the

Breakwater Wharf. Offshore from this beach one of the largest mapped seagrass areas in the

vicinity of the proposed development, and within Twofold Bay, occurs.

Towed video surveys undertaken by AMA in June 2015 showed that large beds of macroalgae (kelp

- Ecklonia spp.) occur along the northern extent of the Breakwater Wharf and along the seawall,

extending from the Police Jetty, east into the cove between the Breakwater Wharf and

Multipurpose Jetty. A small patch of Posidonia spp. seagrass was recorded adjacent to the Twofold

Bay Bait Jetty and a small Heterozostera spp. seagrass meadow occurs offshore of the Cattle Bay

Jetty. The mapping of seagrass undertaken by AMA (2015) was generally in agreement with

previous mapping undertaken by Marine Solutions (2014), however, the area of seagrass detected

by AMA (2015) was smaller. This was noted by AMA to perhaps be due to natural senescence

during winter (however, both surveys were undertaken in the winter months). No seagrass was

recorded within the actual dredge footprint.

Benthic habitat within the dredge footprint consisted of bare sand with occasional epifauna (e.g.

sea pens). Temperate rocky reef and low profile reef were found on the northern shore of Snug

Cove, as well as an extensive area extending off Cocora Point to the west of Cattle Bay.


The closest seagrass beds mapped by AMA (2015) occur approximately 50 m to the north-east of

the proposed dredge area (i.e. the small Posidonia spp. bed near the Twofold Bay Jetty). The larger

Heterozostera spp. bed mapped in Cattle Bay by NSW DPI, Marine Solutions and AMA, is located

approximately 200 m to the north-west (near the Former Heinz Cannery jetty). Areas of subtidal

rocky reef located off Cocora Point and on the northern side of Snug Cove are located within 100

m of the proposed dredge footprint (Marine GeoSolutions 2016).

Figure 5-1 Habitat mapping and dredge plan (Source: Marine GeoSolutions 2016)

Artificial structures at the site provide habitat for marine flora and fauna. These include the rocky

areas and sheet pile walls of the existing Breakwater Wharf along with wooden piles of the

Multipurpose Jetty and Mooring Jetty. Diver surveys undertaken by AMA (early 2015) found that

subtidal areas of the artificial rocky reef created by the Breakwater Wharf Wall were dominated by

the large brown macroalgae Ecklonia spp. This species was also found at the base of the sheet pile

walls that make up approximately 40% of the Breakwater Wharf Wall. Marine flora on the wooden

wharf piles included a wide range of micro and macroalgae species including encrusting coralline

algae.

The various marine habitats present within Twofold Bay are likely to provide areas for shelter,

feeding and breeding for a wide range of mobile marine fauna.

Considering the specific attributes of the marine habitats in the study area, and in accordance with

Table 1 of the DPI-Fisheries NSW Policy and Guidelines for Fish Habitat Conservation and


Management (NSW DPI 2013), much of Snug Cove and Cattle Bay outside the immediate dredge

footprint would be considered as a TYPE 1 – Highly Sensitive Key Fish Habitat, as it contains

seagrass beds >5m² in area. The area within the immediate dredge footprint would be classed as

TYPE 2 – Moderately Sensitive Key Fish Habitat, as it contains marine macroalgae (NSW DPI

2013).The disposal site would be considered as TYPE 3 – Minimally Sensitive Key Fish Habitat as it

consists of unvegetated sandy substrate (NSW DPI 2013).

5.1.2 Marine Species

Table 5-1 shows the results of database searches completed by AMA in 2015 and contains a list of

all TSC Act and EPBC Act threatened and protected marine species that have the potential to occur

in the Twofold Bay area.

Table 5-1 Threatened and protected marine species listed under the TSC Act 1995 and EPBC Act 1999

with the potential to occur in the study area

Common

Name

Species

Name

TSC Act

1995

EPBC Act

1999

Likelihood of

Occurrence *

Black Cod Epinephelus

daemelii - V

Species or species habitat

may occur within area

Little Penguin Eudyptula minor P - -

Loggerhead

Turtle Caretta caretta - E, M, L

Breeding likely to occur

within area

Green Turtle Chelonia mydas - V, M, L

Foraging, feeding or related

behaviour known to occur

within area

Leatherback

Turtle

Dermochelys

coriacea - E, M, L


known to occur within area

Hawksbill

Turtle

Eretmochelys

imbricata - V, M, L



Grey Nurse

Shark (east

coast pop’n)

Carcharias taurus - CE Species or species habitat

likely to occur within area

Great White

Shark

Carcharodon

carcharias - V, M



Whale Shark Rhincodon typus - V, M Species or species habitat


Porbeagle Lamna nasus - M Species or species habitat


Common

Name

Species

Name

TSC Act

1995

EPBC Act

1999

Likelihood of

Occurrence *


Blue Whale Balaenoptera

musculus E1, P E, M, W



Southern

Right Whale

Eubalaena

australis E1, P E, M, W

Breeding likely to occur

within area

Humpback

Whale

Megaptera

novaeangliae V, P V, M, W

Congregation or

aggregation known to occur

within area

Pygmy Sperm

Whale Kogia breviceps P - -

Killer Whale Orcinus orca P M Species or species habitat


Brydes Whale Balaenoptera

edeni - M, W



Pygmy Right

Whale

Caperea

marginata - M, W



Minke Whale Balaenoptera

acutorostrata - W



Indian Ocean

Bottlenose

Dolphin

Tursiops aduncus - W Species or species habitat


Bottlenose

Dolphin

Tursiops

truncatus s. str. - W



Common

Dolphin Delphinus delphis P W



Dusky Dolphin Lagenorhynchus

obscurus - M, W



Risso's

Dolphin Grampus griseus - W



Dugong Dugong dugon E1, P - -

New Zealand Arctocephalus V, P L Species or species habitat


Common

Name

Species

Name

TSC Act

1995

EPBC Act

1999

Likelihood of

Occurrence *

Fur Seal forsteri may occur within area

Australian Fur

Seal

Arctocephalus

pusillus V, P L



Syngnathids Syngnathidae - L Species or species habitat


Threatened and protected species and Key Threatening Processes (KTPs) listed under Schedules 4

to 6 of the FM Act relevant to the Project were assessed in the EIS. Marine species, populations and

ecological communities currently listed as endangered, critically endangered and/or vulnerable

under the FM Act which are thought to have the potential to occur in the Twofold Bay area are

listed below. In addition, KTPs under the FM Act which are relevant to the Project are also listed.

Schedule 4: Endangered Species, Populations and Ecological Communities

Scalloped hammerhead shark (Sphyrna lewini) - endangered species.

Southern bluefin tuna (Thunnus maccoyii) - endangered species.

Marine worm (Hadrachaeta aspeta) - species presumed extinct.

Green sawfish (Pristis zijsron) - species presumed extinct.

Bennetts seaweed (Vanvoorstia bennettiana) - species presumed extinct.

Schedule 4A: Critically Endangered Species and Ecological Communities

Grey nurse shark (Carcharius taurus) - critically endangered species.

Marine slug (Smeagol hilaris) - critically endangered species.

Marine brown algae (Nereia lophocladia) - critically endangered species.

Schedule 5: Vulnerable Species and Ecological Communities

Great white shark (Carcharodon carcharias) - vulnerable species.

Black cod (Epinephelus daemelii) - vulnerable species.

Great hammerhead shark (Sphyrna mokarran) - vulnerable species.

Schedule 6: Key Threatening Processes (KTPs)

The only KTP listed under the FM Act which may potentially be associated with the

Project is the “introduction of non-indigenous fish and marine vegetation to the coastal

waters of New South Wales”.

The assessment undertaken by AMA in 2015 identified that the nearby intertidal rocky foreshores,

particularly in the mid to upper intertidal zone, contained a variety of gastropods (sea snails),


including Nerita spp.. Blue mussel (Mytilus spp.) beds were present in the subtidal areas adjacent to

the beaches on the northern side of Snug Cove and in the intertidal areas of the western foreshore

of Cattle Bay. Intertidal and shallow subtidal areas, including in front of the Breakwater Wharf, also

contained beds of oysters (Saccostrea spp.) (AMA 2015).

A variety of sessile marine growth was also recorded on the sheet pile wall which constitutes

approximately 40% of the Breakwater Wharf wall. Oysters were generally found at the top of the

concrete pylons and were reported to outcompete the blue mussels (Mytilus spp.) which occurred

directly below them. The flat surfaces of the sheet pile walls were occupied by barnacles and

limpets, while ascidians and tube worms were found on the deeper horizontal surfaces. The

Multipurpose Jetty and Mooring Jetty located to the north of the breakwater wharf contained

wooden pylons which supported a wide range of filter feeding organisms such as oysters, mussels,

tubeworms and ascidians (AMA 2015).

Characterisation of benthic infauna assemblages at the offshore dredge disposal ground was

undertaken by AMA in 2015. The main findings were:

Forty-four taxa (families) were identified across the eight sites sampled. This included one

invasive species, the European fan worm, Sabella spallanzanii.

Although nMDS analysis showed little similarity among sites, there was consistency in the

dominant species found. Of the 44 families identified, five were found to dominate

assemblages. The families Spionidae, Orbiniidae, Gammaridea, Apseudida and Hydrozoa

accounted for 63% of overall biodiversity.

Invasive Marine Species

The following are the most notable invasive marine species which are found in NSW (and

specifically from Twofold Bay):

Caulerpa (Caulerpa taxifolia).

Dinoflagellate (Alexandrium catenella).

European fan worm (Sabella spallanzanii).

European green crab (Carcinus maenas).

New Zealand screwshell (Maoricolpus roseus).

Pacific oyster (Crassostrea gigas).

Yellowfin goby (Acanthogobius flavimanus).

Japanese goby (Tridentiger trigonocephalus).


Mussel Aquaculture

Commercial mussel farming of the blue mussel (Mytilus edulis) has been conducted in Twofold Bay

since the mid-1970s. The species is native to the area and prefers water temperatures between 5

and 20°C. In Twofold Bay (with average sea surface temperatures of ~ 19°C) the blue mussel has

achieved fast growth rates and appears to reach a larger size than anywhere else in Australia. The

blue mussel is farmed by Eden Sea Farms with an aquaculture area located nearby to the Project

area.

Regular water quality monitoring of temperature, salinity, faecal coliforms and phytoplankton is

undertaken for the mussel aquaculture facilities in Twofold Bay at a number of sites near the study

area. Several potentially toxic phytoplankton species were found during these surveys; four

Pseudo-nitzchia species/groups and two Alexandrium species. Very large concentrations, as found

in algal blooms of these particular species, have a potential to contaminate the mussels growing in

the aquaculture farms located in Twofold Bay.

5.2 Marine Species Monitoring

The Aquatic Ecology Assessment completed as part of the EIS (Appendix M of the EIS) identifies

the introduction of marine species (‘Introduction of non-indigenous fish and marine vegetation to

the coastal waters of New South Wales’), and the injury/fatality by marine debris (‘Entanglement in

or ingestion of anthropogenic debris in marine and estuarine environments’) as KTPs under the

NSW Fisheries Management Act 1994 and Threatened Species Conservation Act 1995 respectively.

Measures to ensure the management of these KTPs to ALARP were described in the Aquatic

Ecology Assessment and the EIS, and have been carried into the CEMP and this Aquatic Ecology

CEMP Sub-Plan. No monitoring in relation to the introduction of marine species or the

injury/fatality by marine debris is proposed, as the risks were minimised to an acceptable level with

the implementation of appropriate controls.

The Aquatic Ecology Assessment identifies the potential for direct and indirect impacts of

construction on TYPE 1 – Highly Sensitive Key Fish Habitat located outside of the dredge footprint

(i.e. within Cattle Bay and Snug Cove), on TYPE 2 – Moderately Sensitive Key Fish Habitat located

within the dredge footprint and also on TYPE 3 – Minimally Sensitive Key Fish Habitat present at

the dredge and disposal sites as classified by the Fisheries NSW Policy and Guidelines for Fish

Habitat Conservation and Management. Identified construction impacts (sedimentation, smothering

and reductions in light availability) are related to water quality during dredging, and subsequently

a Water Quality (Turbidity) Monitoring Program will be developed by the dredging contractor and

will be implemented throughout dredging works.

Monitoring of all whales, dolphins and marine turtles (as listed under the EPBC Act) as required by

the Sea Dumping Permit Variation (as described in Section 2.3) will be implemented to ensure

marine fauna are not impacted by dumping activities associated with dredging. For 20 minutes

prior to the commencement of dumping at the offshore disposal site, the dredging contractor will

undertake a check, using binoculars from a high observation platform for marine species (whales,

dolphins and marine turtles), within the monitoring zone (300m radius from the vessel). Where


marine species are sighted within the monitoring zone, dumping activities will not commence in

the monitoring zone until 20 minutes after the last marine species observed in the monitoring

zone. Alternatively, the vessel may move to another area of the disposal site to maintain a

minimum distance of 300 metres between the vessel and any marine species.

Furthermore, monitoring of whales (as listed under the EPBC Act) will also be undertaken by

Marine Mammal Observers in line with the EPBC Referral Decision (as described in Section 2.2) to

ensure piling operation procedures during construction do not impact whales. The procedures for

marine mammal observation are outlined in Table 5-2.

Table 5-2 Marine Mammal Observation Requirements for Piling and Re-strike Testing

Procedures as per the EPBC Referral Decision (Conditions 1 and 2)

Activity Description

Piling Operation Procedure

Pre-Start

Observation

Marine Mammal Observers must visually monitor the observation zone for

whales for a minimum of 30 minutes before the commencement of piling.

Soft-Start

Procedure

Soft-Start Procedure: If after the 30 minute pre-start observation no whales

have been spotted within the observation zone or shut-down zone a soft

start procedure may commence with a gradual increase in piling impact

energy of no more than 50% of full impact energy for 10 minutes. The soft

start procedure must be implemented after breaks in piling of 30 minutes or

more.

Stand by

Procedure

Stand by procedure: when whales are spotted within the observation zone

during the soft start procedure the operator of the piling equipment must be

placed on standby to shut-down the piling rig and a Marine Mammal

Observer should continuously monitor the whales in sight at all times.

Normal Piling

Procedure

If no whales have been sighted during the soft-start procedure full impact

piling may commence.

Re-strike Testing

Before the commencement of re-strike testing, marine mammal observers

must visually monitor the observation zone for whales for a minimum of 30

minutes. Re-strike testing may only commence if no whales are sighted in the

observation zone or shut-down zone during this time.

A maximum of 20 full impact strikes are to be applied to each test pile.

5.3 Piling and Re-Strike Testing Shut-down Requirements

The following Shut-down requirements are to be implemented for piling and re-strike testing as

per the EPBC Referral Decision (Condition 3):

a. If visibility is poor and marine mammal observers are unable to clearly identify objects to

the full observation zone distance, a vessel or aircraft search must be conducted or the

piling and re-strike testing postponed until visibility has improved.

b. Piling and re-strike testing is not permitted between 6.00pm and 7.00am.


c. If any whales are spitted within the shut-down zone, piling and re-strike testing must

cease immediately or as soon as safe to do so until the whales move outside of the shut-

down zone.

d. All piling and re-strike testing must cease for a minimum of 1 hour after the last sighting

of whales within the shut-down zone. Piling and re-strike testing must recommence at the

pre-start observation after the 1 hour shut-down has elapsed.

5.4 Reporting of Monitoring Results

Reporting of water quality monitoring results will be as per the frequency described in the Water

Quality (Turbidity) Monitoring Program.

Observation of marine fauna reporting in the form of marine fauna sighting logs will be completed

by the construction contractor(s) and supplied to DP&E when requested. Any interactions with

marine fauna will be reported in the Weekly and Monthly environmental reports prepared by the

contractor(s).

5.5 Monitoring Improvement Procedure

It is not expected that monitoring will be unsatisfactory given that where marine species are

observed, Dumping Activities and Piling and Re-strike testing procedures must cease and are not

permitted to continue until such time as they are absent from the monitoring/observation zone.

However, in the event that a marine species is not detected prior to entering an observation,

monitoring or shutdown zone (as relevant to the species), a review of the monitoring procedure

and identification of reasonable additional or alternate environmental management measures will

be completed. Following the identification of an alternative management measure(s) that is

considered to improve the monitoring procedure, the relevant monitoring procedure will be

updated, and submitted to the ER for consideration and approval under Infrastructure Approval

Condition A16(j).


6 Reporting

Routine reporting must be undertaken in accordance with the CEMP, including:

Weekly Compliance Audits (by Contractor(s)) to demonstrate compliance with the

CEMP (and Sub-plans);

Weekly Reporting of aquatic ecology issues, incidents and near-misses and a summary

of interactions with marine mammals; and

An Environmental Management Monthly Report, including implementation of

environmental and incident management.

6.1 Construction Specific Records and Reporting

Construction specific record and reporting requirements are contained in Table 6-1.

Table 6-1 Aquatic Ecology Reporting and monitoring required during construction

Report Name Contents Recipient (and

Responsibility) Frequency / Schedule

Marine Fauna

Incident Report

Details of any incident

resulting in

injury/mortality of

marine fauna, including

time, location, species

involved and activities

being undertaken.

Principal (from

Contractor(s))

DP&E, EPA and

Eden Harbour

Master (from

Principal)

Immediate notification from

Contractor(s) ORRCA 24 hour

hotline or NPWS and to

Principal. Submit incident

report within 24 hours of

incident

Marine Fauna

Sighting Logs

Log of any marine

fauna sightings (i.e.

seals, dolphins, turtles,

whales, etc). Including

time, location, number,

species, activities being

undertaken and

individual’s behaviour

Principal (from

Contractor(s))

(and made

available to

D&PE on

request)

Daily

Pile Dive Record

Piling Operation

Procedures to be

documented on Pile

Dive Record including

start time, stop time of

marine mammal

Principal (from

Contractor(s)) Daily




observations and shut

down times.

Vessel Risk

Assessment

(VRA)

Statement from

inspector on vessel risk

Principal (from

Contractor(s))

(and made

available to

DP&E/DPI-

Fisheries on

request)

Prior to mobilising vessels,

floating plant and dredging

equipment to the Port of Eden

Invasive Marine

Species

Inspection (IMS)

Inspection of vessel

assessed in the VRA as

uncertain or high risk.

Statement from

inspector on vessel risk.

Principal (from

Contractor(s))

(and made

available to

DP&E/DPI-

Fisheries on

request)

Prior to mobilising vessels,

floating plant and dredging

equipment to the Port of Eden

Disposal Run

Sheets

The times, dates,

estimated discharge

volume, real time

vessel track records

and disposal locations,

and estimated volume

of dredge spoil and dry

weight (in tonnes)

disposed at the ground

for each dredge

disposal run.

Principal (from

Contractor(s))

DoEE (from

Principal)

Weekly during dredging

activities

(Input to) IMO

Annual Report

Sea Dumping Permit

start and expiry dates,

disposal quantities,

nature of material and

material disposal

methods

Principal (from

Contractor(s))

DoEE (from

Principal)

Totals for the previous year, by

January 31 of each year

dredging activities were

undertaken

Sea Dumping

Permit reporting

requirements

Sea Dumping Permit

reporting requirements

Principal (from

Contractor(s))

DoEE (from

As per conditions of Sea

Dumping Permit




Principal)

Complaint

Report/ Notice

Any complaints by th3

public will be reported

by the Principal and

when received by the

Contractor(s) are

reported to the

Principal. Remedial

management will be

implemented.

Principal (from

Contractor(s)) As required – within 24 hours


7 Review and Improvement

7.1 Continuous Improvement

Continuous improvement of this Aquatic Ecology CEMP Sub-plan will be achieved by the

Principal’s and Contractor(s) ongoing evaluation of environmental management performance

against environmental policies, objectives and targets for the purpose of identifying opportunities

for improvement.

The continuous improvement process will be designed to:

Identify areas of opportunity for improvement of environmental management and

performance;

Determine the cause(s) of non-conformances and deficiencies;

Develop and implement a plan of corrective and preventative action to address any

non-conformances and deficiencies;

Verify the effectiveness of the corrective and preventative actions; and

Document any changes in procedures resulting from process improvement.

7.2 Sub-plan Update and Amendment

The processes described in Section 1.6 of the CEMP may result in the need to update or revise this

Aquatic Ecology CEMP Sub-plan.

As required by Condition C8, any future amendments to this Aquatic Ecology CEMP Sub-plan are

to be submitted to the Secretary for approval, other than amendments that can be approved by

the Environment Representative (ER) under Infrastructure Approval Condition A16(j).


References

Advisian (2016a). Environmental Impact Statement. Prepared for the NSW Department of Industry

– Lands. 3 November 2016.

Advisian (2016b). Aquatic Ecology Assessment, 26 October 2016.

Australasian Marine Associates (AMA) (2015). Review of Environmental Factors. Eden Harbour –

Breakwater Wharf Extension. Prepared for NSW Trade and Investment (Crown Lands). 18 August

2015.

Breen, D., Avery R. and Otway, N. (2005). Biodiversity assessment of the Batemans and Twofold

Shelf Bioregions. Report to the NSW Marine Parks Authority and Environment Australia.

Elgin Associates (2017). Water Quality Monitoring Management Plan. Prepared for Heron

Construction Company Ltd. July 2017.

Jacobs (2017). Harmful Algal Bloom and Dredging Interaction Assessment.

NOAA (2015). Potential Deterrence Methods for Pacific Harbour Seals, California Sea Lions and

Eastern U.S. Stock Steller Sea Lions. Updated November 2015. Available online:

http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/deterring_qa.html

NSW Department of Primary Industries (2008). NSW Invasive Species Plan 2008-2015.

NSW Department of Primary Industries (2013). Policy and Guidelines for fish habitat conservation

and management.

Pollard, DA. and Rankin, BK. (2003). Port of Eden Introduced Marine Pest Species Survey. Final

Report to Coasts & Clean Seas Program. NSW Fisheries Final Report Series No. 46.


Agency Correspondence Appendix A

NSW Department of Industry - Lands 437 Hunter Street, Newcastle NSW 2300

PO Box 2185 Dangar NSW 2309 Tel: 1300 886 235 Fax: (02) 4925 3517 www.crownland.nsw.gov.au ABN: 72 189 919 0722

Ref: DOC17/140792

14th July 2017

Mr Allan Lugg Senior Fisheries Manager Aquatic Ecosystems (South) NSW Department of Primary Industries PO Box 97 HUSKISSON, NSW 2540

Letter by E-mail

Dear Mr Lugg

RE: State Significant Infrastructure Approval (SSI 7734) for the Eden Breakwater Wharf Extension Project)

As discussed on the 7th July 2017, Infrastructure Approval (SSI7734) was granted by the Department of Planning and Environment (DP&E) on the 5th July 2017 for the Eden Breakwater Wharf Extension Project.

The following environmental assessment documentation was prepared and available for review during the SSI assessment process;

1. EIS (Advisian, November 2016)2. CEMP (Advisian, October 2016)3. Response to Submissions (Advisian, February 2017)

NSW Department of Primary Industries (DPI) were consulted during the preparation of the above environmental assessment documentation and provided comments to the DP&E on the EIS, CEMP and RTS during DP&E’s assessment of the Project.

The DP&E Infrastructure Approval “Part C”, Construction Environmental Management, requires the preparation of a listed number of CEMP Sub-plans and Construction Monitoring Programs to be prepared in consultation with the relevant government agencies.

Specifically, Conditions C4 and C12 require:

C4: “The CEMP Sub-plans must include, to the written satisfaction of the Secretary, details of all information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”

C12 “The Construction Monitoring Programs must include, to the written satisfaction of the Secretary, information requested by an agency to be included in a CEMP Sub-plan, including copies of all correspondence from those agencies.”



The CEMP is being revised and the CEMP Sub-plans and construction monitoring programs are currently being prepared to address the commitments in the EIS, CEMP and RTS as well as the requirements of the Infrastructure Approval conditions, EPBC Referral Decision, Sea Dumping Permit Variation, Environmental Protection Licence and Harbour Master’s Approval as appropriate to each of the CEMP Sub-Plans.

In accordance with Conditions C4 and C12, it would be appreciated if DPI could provide in writing by 20th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program.

If you wish to discuss the attached document or require further information, please contact Greg Thomson on or email address

Yours sincerely

Andrew Dooley Senior Project Manager Eden Breakwater Wharf Extension Project

Greg Thomson

RE: HPRM: Eden Breakwater Wharf Extension - CEMP sub-plan3 messages

Allan Lugg 19 July 2017 at 11:57To: Greg Thomson Cc: Jillian Reynolds

Hi Greg,

Only a couple of very minor edits – see a�ached.

From DPI Fisheries perspec�ve there is no addi�onal informa�on that needs to be included.

Cheers Allan

Allan Lugg | Senior Fisheries Manager – Aquatic Ecosystems (South) NSW Department of Primary Industries 4 Woollamia Road | PO Box 97 | HUSKISSON NSW 2540

W: http://www.dpi.nsw.gov.au/fishing

Keeping south coast waterways Unspoilt

Habitat Policy and Guidelines available at:

http://www.dpi.nsw.gov.au/fishing/habitat/publications/fish-habitat-conservation

Key Fish Habitat maps and Permit Application forms available at: http://www.dpi.nsw.gov.au/fishing/habitat/publications/key-fish-habitat-maps

Information on threatened species is available at: http://www.dpi.nsw.gov.au/fishing/species-protection

From: Greg Thomson Sent: Friday, 14 July 2017 12:45 PM To: Allan Lugg Cc: Jillian Reynolds Subject: HPRM: Eden Breakwater Wharf Extension - CEMP sub-plan

Hi Allan,

Please see the attached cover letter and working draft of the Aquatic Ecology Sub-plan

and Marine Ecology Construction Monitoring Program.

We've progressed the plan a long way internally to help make it easier to review and provide any additional informationthat you would like included.

I've requested a response by the 20th of which I acknowledge is very short notice.

I'll send through the Water Quality sub-plan and monitoring program under a separate email when available.

Regards,

Greg Thomson | Engineer - Infrastructure Projects

NSW Department of Industry - Lands

W: www.crownland.nsw.gov.au | www.industry.nsw.gov.au |

This message is intended for the addressee named and may contain confidential information. If you are not theintended recipient, please delete it and notify the sender. Views expressed in this message are those of the individualsender, and are not necessarily the views of their organisation.

This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notifythe sender. Views expressed in this message are those of the individual sender, and are not necessarily the views of their organisation.

301311-13734-EN-REP-0010_Aquatic Ecology Sub-plan_RevC(ad) Lugg's edits 19Jul17.docx 7502K



Ref: DOC17/145964

20th July 2017

Mr Ian Lyall Manager Aquaculture NSW Department of Primary Industries Locked Bag 1 NELSON BAY, NSW 23151

Letter by E-mail

Dear Mr Lyall

RE: State Significant Infrastructure Approval (SSI 7734) for the Eden Breakwater Wharf Extension Project












In accordance with Conditions C4 and C12, it would be appreciated if DPI could provide in writing by 24th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program and Water Quality Sub-plan and Water Quality (Turbidity) Monitoring Program.


Yours sincerely


tt.tk ----

NSW GOVERNMENT

Your Ref: Doc17/145964 Our Ref: OUT17/30144

24 July 2017

Andrew Dooley Senior Project Manager, Eden Wharf Extension Project NSW Department of Industry- Lands PO Box 2185 Dangar NSW 2309

Correspondence by email.

Re State Significant Infrastructure Approval (551 7734) for the Eden Breakwater Wharf Extension Project

Thank you for the opportunity to provide comment on the Eden Breakwater Extension Project CEMP Sub-plans and Construction Monitoring programs.

NSW Department of Primary Industry (Aquaculture unit) has reviewed the plans and acknowledges the consultation between mussel farmers and the concurrence to relocate mussel farming activities to mitigate any potential mussel farming impacts for the duration of construction. As such no further comments are offered in regard to the project.

If you require any further information please contact me on 02 4916 3856.

Yours sincerely

Aquaculture Management - Port Stephens Fisheries Institute Locked Bag 1, NELSON BAY NSW 2315

Tel: 02 49821232 Fax: 024982 1107 www.dpi.nsw.gov.au ABN: 72 189 919 072



Ref: DOC17/145985

20th July 2017

Mr Phil Baker Manager Shellfish Program NSW Department of Primary Industries Food Safety 1 Macquarie St TAREE, NSW 2430

Letter by E-mail

Dear Mr Baker


Infrastructure Approval (SSI7734) was granted by the Department of Planning and Environment (DP&E) on the 5th July 2017 for the Eden Breakwater Wharf Extension Project.











In accordance with Conditions C4 and C12, it would be appreciated if DPI could provide in writing by 24th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program and Water Quality Sub-plan and Water Quality (Turbidity) Monitoring Program.


Yours sincerely


Greg Thomson

Eden Breakwater Wharf Extension

Phil Baker 24 July 2017 at 15:18To: Greg Thomson Cc: Hazel Farrell

Hi Greg,

thank you for the opportunity to provide input in this plan. Both Hazel and myself have gone over the plan and can providecomment on the following.

Document 1: DI-DPI-16-PLAN-ENV_006_WQCSp_Rev B

1) References to a bloom of Alexandrium fundyense during late 2016 should be amended. The document refers to abloom of A. fundyense during late 2016 in Twofold Bay. This is based on information from sitreps that were issued at thetime of the bloom. In the phytoplankton samples collected during the late 2016 bloom in Twofold Bay,the Alexandrium species present was reported to resemble Alexandrium fundyense. Species within the Alexandriumtamarense/catenella/fundyense species complex are morphologically similar. Of the Alexandrium species known to be toxinproducing, Alexandrium catenella (Group IV) occurs most frequently in NSW shellfish aquaculture areas. The differences incell characteristics could be attributed to physiological changes in the more common A. catenella cells depending on thestage of the bloom, which is unknown prior to 18 October 2016. Preliminary results of genetic testing in a sample collectedin Twofold Bay on 24 October 2016 did detect A. catenella but did not detect A. fundyense. These results and a fulldescription of the Twofold Bay bloom event will be presented in a manuscript which is currently in preparation.

2) Pg 20. Maximum cell concentrations from samples collected within Twofold Bay were 89,000 cells/L

Document 2: 301311-13734-EN-REP-0010_Aquatic Ecology Sub-plan_RevC(ad)

1) Pg 31. suggest change "poison" to "contaminate". The toxin may not harm the mussels but it could accumulate in themussels and cause illness in humans or other marine life, if consumed.

2) Pg 31. notes Alexandrium catenella (refer point 1 under comments for Document 1) is an invasive species. Routinefortnightly phytoplankton monitoring will be carried out by the local shellfish program under the existing quality assuranceprogram, if the southern harvest area (Twofold Bay B) is open for harvest during the dredging operations. As discussedpreviously, if a toxic bloom occurred the mussel farm would be closed until biotoxin levels were reported below regulatorylimits.

There is potential, since the 2016 Alexandrium bloom in Twofold Bay that new or existing cyst beds may have been seeded. It is possible that dredging may initiate a bloom. If a toxic Alexandrium bloom was to occur when the dredging works were ongoing, additional monitoring for at least one sample site (Cattle Bay) by the project operators on alternate weeks to the mussel farm’s monitoring program could assist in providing an early warning tool for the farm, and possibly provide baseline data to demonstrate whether a bloom had been triggered by the project or had coincidentally been transported into the bay.

Phil Baker | Acting Manager NSW Shellfish Program

W www.foodauthority.nsw.gov.au | Helpline 1300 552 406 nswfoodauthority | nswfoodauth

Greg Thomson

Hazardous Algal Bloom Study8 messages

Greg Thomson 25 July 2017 at 09:53To: Hazel FarrellCc: Phil Baker

Hi Hazel,

I refer to the last paragraph of Phil's email sent yesterday afternoon and your request to undertake additional samplingfor phytoplankton.

Please see the study undertaken by Jacobs for the Eden Breakwater Wharf Extension Project - as requested. I have alsoattached the response from DPI in regards to the project.

The study found that the risk of dredging stimulating algal growth by re-suspending nutrients held within sediments is lowand only relevant to enclosed areas with historically high nutrient laden sediments.

Along with the relocation of the mussel farm/compensation paid to the farmers, the impact would be negligible and theadditional sampling not warranted.

I would need a response this morning as to Food Safety's stance on the additional sampling.

Any help would be greatly appreciated.

Regards,

Greg Thomson | Engineer - Infrastructure Projects NSW Department of Industry | Lands & Forestry Division


2 attachments

IH101300-0003-NM-TNE-001_v2_HAB Dredge Interaction Assess_170210 (2).pdf 677K

16.12.16 DPI submission.pdf 39K

Phil Baker 25 July 2017 at 11:19To: Greg Thomson Cc: Hazel Farrell

Morning Greg,

I understand you have been in contact with Hazel this morning. Regarding the email i send yesterday with a submissionrecommending additional sampling we still stick by that recommendation. Please note this a recommendation only, notan order. Ultimately you/project team responsible for the project will make the decision on implementing therecommendation or not.

The food safety implications are concerned with nutrient release and exposure/re-suspension of phytoplankton cysts intothe water column which may result in a potentially toxic phytoplankton bloom. The recommended sampling will assist inearly detection if a bloom occurs. As blooms are sporadic in nature it would be difficult to determine if the dredgingoperation attributed to a bloom if one was to occur at the relocated harvest area or not if sampling was not conducted.

I also make reference to the report you attached (pg 18), it states a similar sampling strategy as a precautionarymitigation measure.

As requested these are the food safety concerns and recommendations to address the concern. Ultimately the decision toimplement or waive the recommendation is yours.

I trust this assists in clearing up any confusion

regards

--

Phil Baker | Acting Manager NSW Shellfish Program

W www.foodauthority.nsw.gov.au | Helpline 1300 552 406 nswfoodauthority | nswfoodauth

Read the DPI Strategic Plan and watch our video

This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notifythe sender. Views expressed in this message are those of the individual sender, and are not necessarily the views of their organisation.

Greg Thomson 25 July 2017 at 13:31To: Phil BakerCc: Hazel Farrell

Hi Phil,

Thanks for the clarification, we will update the sub-plans where applicable.

Once again your quick turn around is greatly appreciated.

Regards,

Greg Thomson | Engineer - Infrastructure Projects NSW Department of Industry | Lands & Forestry Division

W: www.crownland.nsw.gov.au | www.industry.nsw.gov.au



Ref: DOC17/140823

14th July 2017

Ms Allison Treweek Senior Team Leader Planning – South East Regional Operations Group Office of Environment and Heritage PO Box 733 QUEANBEYAN, NSW 2620

Letter by E-mail

Dear Ms Treweek





The Office of Environment ad Heritage (OEH) were consulted during the preparation of the above environmental assessment documentation and provided comments to the DP&E on the EIS, CEMP and RTS during DP&E’s assessment of the Project.








In accordance with Conditions C4 and C12, it would be appreciated if OEH could provide in writing by 20th of July 2017 details of additional information (if any) the agency would like included in the attached (draft) Aquatic Ecology Sub-plan and Marine Ecology Construction Monitoring Program.


Yours sincerely


1

Steele, Chantel (Melbourne)

From: Greg Thomson Sent: Friday, 21 July 2017 1:35 PMTo:

Subject: Fwd: Eden wharf responseAttachments: OEH response Eden wharf aquatic ecology sub plan comments.pdf

Hi All,

FYI

Regards,

Greg Thomson | Engineer - Infrastructure ProjectsNSW Department of Industry | Lands & Forestry Division


---------- Forwarded message ---------- From: Allison TreweekDate: 21 July 2017 at 13:33 Subject: Eden wharf response To: "Greg Thomson (

Hello Greg, we have had a quick look at the report and have no comments at this stage. As per the attached letter.

Thanks Allison

Allison Treweek

Senior Team Leader Planning-South East

Regional Operations Group -South

Office Of Environment and Heritage

www.environment.nsw.gov.au

In order to ensure a high level of customer service and monitor work flow, the Office of Environment and Heritage (OEH) South East Planning Team has a new email address:

2

[email protected]. Please address all further email correspondence in relation to Planning and Aboriginal cultural heritage regulation matters to this address. If appropriate, emails can be marked to the attention of your usual contact in the team.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------- This email is intended for the addressee(s) named and may contain confidential and/or privileged information. If you are not the intended recipient, please notify the sender and then delete it immediately. Any views expressed in this email are those of the individual sender except where the sender expressly and with authority states them to be the views of the NSW Office of Environment and Heritage.

PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL

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