Sandon Point Water Quality Ponds Peer Review

Your Ref N/A
Our Ref 0887/27271
File 02.08.02.004
Date 15 September 2008
Dear Ms Walker

Section 12 Request – Sandon Point Water Quality Ponds Peer Review – your email dated 6 August 2008

I refer to your email dated 6 August 2008 regarding the above. On 21 August 2008, I sent you an email indicating that a response could not be provided until such time as a meeting had taken place between relevant divisions.

A meeting took place in late August, and as a result the following information can be provided:

1. Stockland have never done the required work. The Peer Review was the result of a blackmailed threat of court action by Stockland against Council if it did not hand over subdivision certificates stages 1 to 6 at Sandon Point.

Water Quality ponds have not been completed, but Council is currently in communication with Browns Consulting (Stocklands consultants) to convert the two temporary sediment basins to Water Quality Ponds in accordance with the Peer Review and the approved plans (W03066.05-06 drawings No. C100 to C118 inclusive). Council is in the process of obtaining further information from the consultants regarding sampling procedures, analytes to be monitored and water quality performance criteria for the ponds prior to works commencing.

2. Council’s conscientious environmental scientist Trevor Brown had objected to Stockland’s failure to comply with court consent conditions regarding water quality in 2003, imposing work orders on Stockland which were never carried out

I am unaware of any Work Orders by Trevor Brown and cannot comment

3. Stockland retaliated by threatening Trevor Brown and Council with LEC action, which instead of standing up to, GM Rod Oxley instructed Mark Biondich to hand over the subdivision certificates. He did.

Stage 2 Subdivision Certificate was issued 27.05.2003 by Mark Biondich - authorised person for WCC. A report of supporting documentation by Rose Consulting Group (Applicant for Stocklands) states that conditions 44 to 51A (Water Quality conditions) have been met.

4. To the rage of residents, Stockland’s illegal stormwater outlet in Tramway Wetland was never approved or mentioned in court.

The court approved plans show a GPT and headwall outlet discharging stormwater to the creek. CC plans shows a modified Pit 5/24 rock outlet structure issued by TG Gibson 8.02.2002

5. Stockland reneged on the Peer Review by proposing a “solution” of higher walls around its two useless stormwater treatment ponds in 2003 – which they have never done and have no intention of doing as it would impede their “views”. The ponds cannot be made deeper because of the double water table at Sandon Point, and the very real presence of acid sulphate soil – which was also covered up by Council and Stockland via Rod Oxley’s instructions.

The two stormwater treatment ponds were reviewed, modified and approved by peer review authors in a letter to Council 31.01.2007. Stocklands are getting prepared to commence works once Council grants permission.

6. Already the natural springs are re-emerging through the concrete fill despite all Stockland’s attempts to block them, and their infrastructure is cracking and collapsing. Three illegal dams, constructed by Terry Gibson for Stockland – who was found to have been in “substantial” breach of the Ep & A Act for other illegal works on the site (40563 of 2002, 16/12/04) have now been drained, filled and sold with houses built on all but one dam site.

The three "illegal dams" were approved as part of the construction certificate in accordance with Landcom's Soils and Construction Blue Book to ensure adequate sediment control is maintained and contained on site. Failure to provide the on site dams would mean additional sediment entering the creek.

7. The remaining dam site block recently sold for c.$1.5 million, and is the place where a massive quantity of Aboriginal tool site artefacts were uncovered and stolen by Stockland in 2002

The three internal temporary sediment basins have been filled in.

Process in the immediate future:

1. Applicant already has L&E Consent approval for quality ponds and CC approval for the construction of the ponds in the Stage 2 stamped plans (drawings 5 to 7 inclusive)
2. The Peer Review approved plans provide additional detailed information (W03066.05-06 drawings No. C100 to C118 inclusive)
3. Applicant has requested permission from Council to commence works
4. The Environment department is in the process of requesting additional information before allowing works to commence such as the design criteria
5. Once Environment are satisfied with the information received, Stocklands will nominate Council as PCA (M10 form) to undertake inspections during construction and obtain the 138 certificate to undertake works in the road reserve
6. The applicant will monitor the ponds for a minimum of two years and provide results to Council on a quarterly basis.

Please contact me should you require further information.

Yours faithfully

Sarah Navarrete
FOI Officer
Information Management
Wollongong City Council