Students will prepare an expert witness statement based upon evidence provided. In this task, students will be required to critically reflect upon key issues and principles that underpin the role of t

For the past 23 years I hav e been involved in a wide range of contaminated land consultancy in the United Kingdom and Australia in the industrial, land development, regulatory, waste and transport infrastructure sectors. Currently I am a Principal within the Contaminated Land team in Jacob’s Melbourne office. I specialise in the areas of contaminated land site investigation, quantitative risk assessment and environmental statistics. In addition, I hav e been involved in environmental pollution assessment, environmental impact assessments, and regulatory reviews.

Details of my qualifications and experience are in Annexure A . 3 Scope Instructions My instructions to prepare this witness statement are set out in Annexure B . Process and Methodology I was the nominated Aurecon Jacobs Mott McDonald (AJM) Joint Venture (JV) technical lead for the contaminated land aspects of the Melbourne Metro Rail Project (Melbourne Metro). My role on the project commenced in early 2015 and my initial scope was to provide technical oversight of the investigation works and subsequent reports prepared by Golder Associates, who were originally appointed by Public Transport Victoria (PTV). I hav e provided technical oversight and review of Golder Associates technical outputs addressing contaminated land aspects of the project from early 2015 to the present day. I was also responsible for preparing the contaminated land and spoil management Technical Appendix Q of the EES. 4 Findings 4.1 Summary of Opinions My initial report was exhibited with the Environment Effects Statement (EES) and I adopt it as the basis for my expert witness statement and evidence. The contaminated land Expert witness statement of David Coutts Page 3 52559689 and spoil management impact assessment conducted for the EES concluded that the main contaminated land aspects requiring consideration for Melbourne Metro are: · Non-natural contaminated spoil (fill), particularly at the western portal, eastern portal and Arden station sites and throughout the CBD where there has been a long history of potentially contaminating land use activities; · Naturally occurring, potentially acid sulfate soil associated with the presence of specific geological formations, such as Coode Island Silt, Werribee Formation and Brighton Group, that may become oxidised during construction – with these formations most likely to be found at the western portal, eastern portal and Arden station sites and in sections of the tunnels between CBD South station and the eastern portal; · Naturally occurring, potentially acid sulfate rock, which is prev alent along most of the alignment; · Interception of contaminated groundwater and/or v apour in the immediate vicinity of the project boundary during construction, with potential exposure risks to workers and the environment; and · Handling and disposal of large volumes of contaminated and clean spoil. 4.2 Any additional work undertaken since exhibition of EES In addition to the information I reviewed in preparing the Contaminated Land and Spoil Management impact assessment report, I have also reviewed the following documents:

Author Report Title Date Golder Associates Melbourne Metro Rail Projec t – Interpreted Hydrogeological Setting EES Summary Report – July 2016 Update. 1525532-332- R-R ev0 29 J uly 2016 Golder Associates Melbourne Metro Rail Projec t – Contaminated land Ass essment EES Summary – July 2016 Update Report, 1525532-334-R -R ev0 5 August 2016 The post EES inv estigations described in these two reports present the collection of data from all precincts along the alignment, including additional soil bores, groundwater wells, soil v apour points, soil sampling for waste classification and human health risks, groundwater sampling for human health and environmental risks.

Since the EES submission ov er 100 additional boreholes hav e been adv anced, over 50 groundwater wells installed and sampled and over 1,000 soil samples tested for various contaminants of concern.

My summary of works undertaken since the completion of the EES is provided in Annexure C . In considering the additional information and data provided post EES and the public submissions, I hav e concluded the following: · The additional data has provided an increased lev el of confidence in the estimation of the waste v olumes and categorisation; · The additional data has provided an increased lev el of confidence in the assessment of risks and requirements for mitigation from contaminated soil, groundwater, v apour and ground gases ; · There are no changes to the identified risks; Expert witness statement of David Coutts Page 4 52559689 · There are no changes to the Environmental Performance Requirements (EPRs) as presented in the EES; and · The further works undertaken support the findings of the EES and do not result in any changes to the findings or opinions expressed in the EES. 4.3 Response to Submissions I have reviewed the submissions which raise issues concerning contaminated land and spoil.

Table 2 in Annexure D contains my response. 4.4 Review of MMRA Technical Notes I have considered MMRA Technical Notes 1–18. None of the notes are relevant to my area of expertise. 5 Declaration I have made all the inquiries that I believ e are desirable and appropriate and no matters of significance which I regard as relevant hav e to my knowledge been withheld from the Panel. Signed …………………………… Dated 11 th August / 2016 Expert witness statement of David Coutts Page 5 52559689 Annexure A – Qualifications Qualifications · BSc University of Glasgow (Microbiology), 1982 · PhD University of Strathclyde (Landfill Microbiology), 1986 Employment history and achievements David is a senior contaminated land specialist and environmental microbiologist with 23 years of experience in contaminated land consultancy. David currently works for Jacobs in Melbourne and was until recently the team leader of the contaminated land team. He is currently a Principal within the contaminated land team in Melbourne focussing on Clients, project delivery and technical capability.

From a technical perspectiv e, David specialises in the areas of contaminated land site assessment, quantitativ e risk assessment and remediation having been the contaminated land specialist on a diverse range of projects cov ering oil and gas, industrial pollution, landfill, transportation infrastructure and utilities, buildings and land dev elopment in both the UK and Australia.

Professional experience summary: · Enviros / SKM / Jacobs (UK and AUS). Principal.

· Babtie / Jacobs (UK). Technical Director.

· SLR (UK). Technical Director.

· Weeks Technical Services (UK). Technical Director.

· Halcrow (UK). Senior Consultant.

· Taylor Woodrow (UK). Consultant.

· UKAEA (UK). Research Assistant.

· Univ ersity of Newcastle upon Tyne (UK). Research assistant. A CV is attached.

Curriculum Vitae 1 Dr David Coutts Summary I am a senior contaminated land specialist and environmental microbiologist with nearly 23 years of experience in contaminated land consultancy. I currently work for Jacobs in Melbourne and was until recently the team leader of the contaminated land team. Currently I am a Principal within the contaminated land team in Melbourne and my main role is focussing on Clients, project delivery and technical capability.

From a technical perspective, I specialise in the areas of contaminated land site assessment, quantitative risk assessment and remediation having been the contaminated land specialist on a diverse range of projects covering oil and gas, industrial pollution, landfill, transportation and utilities, buildings and land development in both the UK and Australia.

Career summary I have had a long career since leaving the University of Strathclyde initially in scientific research field and then in various consultancies following a typical path of consultant (Taylor W oodrow) through to senior consultant (Halcrow), Technical Director (W eeks, SLR and Enviros) and have had line management roles in Babtie / Jacobs in Glasgow and also in Australia with SKM / Jacobs.

In November 2010, I moved to SKM’s Melbourne office taking on the role of Contaminated Land Team Leader; I have now stepped down from that role.

As a Principal, I am a senior member of the team and take an active role in winning and delivering work.

Notable Project Experience PROJECT | Melbourne Metro Rail Project Client: Melbourne Metro Rail Authority Role: Contamination land Technical lead Key achievements:

·Completion of the Environmental Effects Statement specialist Appendix (still in progress as January 2016) ·Preparation of input to Initial Reference Design PROJECT | Environmental Land Management Client: City of W hitehorse (Melbourne) Role: Project Manager Key achievements:

·Completion of multiple projects relating to former landfills. Landfill cap assessments, landfill gas assessment, risk assessment. ·Liaison with EPA and ensuring that regulatory intervention is minimised ·Internal briefings to City of W hitehorse PROJECT | Tailings Dust Release Clean Up Client: Confidential Mining Company in W A Role: Contamination land Specialist Key achievements: STARTEGIC CURRENT POSITION Principal – Jacobs, Melbourne QUALIFICATIONS BSc University of Glasgow PhD University of Strathclyde EXPERTISE ·Contaminated land investigations ·Human health risk assessment ·Contaminated land remediation ·Project management and direction CAREER SUMMARY ·Enviros / SKM / Jacobs (UK and AUS). Principal.

·Babti e / Jacobs (UK). Technical Director ·SLR (UK). Technical Director ·Weeks Technical Services (UK).

Technical Director ·Halcrow (UK). Senior Consultant.

·Taylor Woodrow (UK).

Consultant.

·UKAEA (UK). Research Assistant ·University of Newcastle upon Tyne (UK). Research assistant Curriculum Vitae 2 Dr David Coutts ·Tailings at a gold mine in W A escaped off site following a strong wind event. The tailings are contaminated with arsenic.

·Extensive investigations and quantitative human health and environmental risk assessment devised remedial solution for escaped tailings dust.

·Preparation of remedial action plan. The solution involved excavation of the dust using bobcats and sucking the dust using vacuum tankers. The recovered dust is to be placed in a containment cell within the rock dump at the site.

PROJECT | PFOS Contaminated Soils Remediation Client: Department of Defence Role: Contamination land Specialist Remedial techniques: Immobilisat ion Key achievements:

·Provided technical review to lab scale and field scale trials of the effectiveness of the amendment of PFOS contaminated soils with immobilisation chemicals.

·The trials were conducted in the field and determined which immobilisation reagent and at which blend would be most cost effective. We await the upscaling of this trial to full scale treatment of the PFOS contaminated soils at this facility.

PROJECT | Contaminated land assessment and remediation – Multiple Projects Client: Confidential Government Agency Role: Project Director Remedial techniques: Excavation, waste classification. Key achievements:

·Undertook multiple phases of work at a site in the north of Melbourne, following an incident relating to solvent and acid spills.

·Drilled and installed groundwater monitoring wells around the site and within the source and plume zones. Sampling events and risk assessment.

·Undertook the decommissioning of redundant raw material supply pipe ·Assessed and remediated an area of the site impacted with hydrochloric acid leaks.

·Prepared and environmental management plan for the site PROJECT | Hydrocarbon Remediation – AMC building Client: Swinburne U niver sity Role: Technical specialist Remedial techniques: Excavation, Ex-situ vapour extraction, waste classification.

Key achievements:

·investigation, risk assessment and remedial optioneering for oils found in the ground and ground water on the site of a proposed new building at Swinb urne U niversit y.

·Design and implementation of a ex-situ vapour extraction remediaiton systems to reduce the waste classification from Category B and Fill with resultant cost savings.

Curriculum Vitae 3 Dr David Coutts ·Design of Liquid Boot and vapour extraction system.

PROJECT | Assessment and remediation of chlorinated hydrocarbons at an industrial facility in Melbourne Client: Confidential Role: Project Manager Remedial techniques: NAPL removal, excavation, waste classification. Key achievements:

·Multiple stages of site assessment and monitoring following the issue of a Clean-up Notice (CUN) ·Liaison with the appointed Environmental Auditor ·Successful preparation of a clean-up plan – which is now being implemented.

PROJECT | Malabar Landfill, Sydney Client: United Group Role: Project Director Remedial techniques: Landfill leachate / Groundwater Interception. Key achievements:

·Multiple phases of investigation, assessment and remedial design at large uncontrolled la ndf ill so ut h of Sydney.

· Significant issue relating to the uncontrolled discharge of leachate towards a public beach. Interceptor trench designs were designed and constructed. Leachate is being intercepted and piped to the nearby sewage treatment works.

PROJECT | Review of contaminated land assessment and remediation costs for mining operations in Pilbara Client: Confidential Mining Client Role: Technical specialist Key achievements:

·Critical review of Client supplied rationale and cost estimate ·Fresh eyes review and revision of cost estimate PROJECT | Investigation and remediation of sites for proposed schools under the Building Schools for the Future (BSF) program Client: Carillion Role: Project Principal Remedial techniques: Dynamic compaction, virtual curtain for landfill gas. Key achievements:

·We were commissioned by Carillion to undertake site investigations, risk assessments and prepare remedial strategies for a number of new schools across the Tameside area. This was required to gain planning permission to construct the schools. The projects were complex and time critical and involved much negotiation and liaison with the Regulator ·Assessment of landfill gas risks and design of a Virtual Curtain along the “at risk boundary” of the site.

PROJECT | Prospect Park, Heathrow Curriculum Vitae 4 Dr David Coutts Client: British Airways Role: Landfill Gas Remediation Specialist Remedial techniques: Landfill gas extraction and flaring Key achievements:

·Involved in the investigations, planning, waste management licensing, design and construction of Prospect Park, near Heathrow for British Airways. This large project involved the excavation of two old landfills and replacement into a new licensed landfill that incorporated a landfill gas management system (active extraction system and gas flare).

PROJECT | Assessment and Clean-up of Wood Preservative Contamination Client: Protim Role: Project Director Remedial techniques: Excavation, waste classification. Key achievements:

·Investigation and remediation of a former wood preservative (aldrin and dieldrin) manufacturing facility in Dublin ·Human healt h risk assessm ent ·Environmental risk assessment considering discharges from the site to a nearby receiving stream ·Preparation of remedial options assessment, remedial actions plans and implementation of the remediation.

PROJECT | Investigation and remediation of former Alcan smelters and other facilities, Scotland Client: Alcan Aluminium (UK) and others Role: Various roles including project director, project manager and technical specialist Remedial techniques: Excavation, encapsulation, waste classification. Key achievements:

·Investigation and risk assessment at the former smelter at Invergordon and implementation of a long term groundwater monitoring system.

·Remediation of parcels of land contaminated with PCBs at Invergordon smelter. Liaison with third parties and Regulator on behalf of the Client with respect to leasing parcels of the site.

PROJECT | M74 Completion – Glasgow, Scotland Client: Interlink M74 Joint venture Role: Contaminated land technical lead Remedial techniques: Excavation, waste classification, groundwater pump and treat (chromium), clean cover Key achievements:

·The M74 completion project involved completing the link between the end of the existing M74 at Fullarton Road near Cambuslang and the M8 motorway west of the Kingston Bridge in Glasgow.

·Following a preliminary ground investigation undertaken by the Employer, contaminated land has been identified along most of the route of the M74 Completion, although the nature of the contamination and the degree of Curriculum Vitae 5 Dr David Coutts severity has been found to vary along the route.

·Activities involved data review and assessment, consultations, preparation of a contaminated land strategy report, detailed design drawings, designer’s commercial and health and safety risk assessment.

PROJECT | Various sites in North Lanarkshire Client: North Lanarkshire Council Role: Project Principal Remedial techniques: Excavation, waste classification, clean cover, landfill gas virtual curtain Key achievements:

·Investigation, risk assessment and remediation of the former Luggie Glen sewage treatment works as a new commercial development site (currently being marketed as “Drumpellier Business Park”) ·Investigation, risk assessment, application to Scottish Executive for funding, and remedial design for Brownsburn Park (a former landfill site) to be re-engineered as a public park PROJECT | Tesco – Dingwall Gas works (northern Scotland) Client: Tesco Role: Project Principal (contamination) Remedial techniques: Excavation, on situ landfarm, groundwater pump and treat, waste classification.

Key achievements:

·Tesco were planning to build a new superstore on the site of an old agricultural auction market and gas works. The site was immediately adjacent to a river.

·Undertook site investigation, risk assessment, remedial option assessment and remedial design. Liaison with SEPA and Highland Council with respect to suitability of use and also extent of remediation.

·Remediation ultimately involved excavation and off site disposal.

Validation sampling demonstrated that the remedial works achieved the objectives agreed.

PROJECT | Llanelli Gas Work Remediation (south Wales) Client: Thales Construction Role: Contaminated land Remediation Specialist Remedial techniques: Excavation, waste classification, groundwater pump and treat Key achievements:

·Prepared remedial designs for this former gas works, incorporating the removal of remnant gas works infrastructure and extensive contamination prior to construction of a new supermarket and shopping centre.

·The remediation involved the on-site excavation and classification of wastes using a combination of on-site testing (for PAHs) and off site laboratory confirmatory testing. If deemed suitable the materials remained on-site; if not then the waste soils were removed to a hazardous waste landfill.

·Any water or liquids at the site were pumped to a small lagoon and aerated to remove phenolics prior to discharge to sewer under consent.

Curriculum Vitae 6 Dr David Coutts ·The site was complex and also in full public view. The on-site role also involved supervision of remediation, testing, validation, reporting, liaison with the design teams, the regulator, the press and on one occasion with the local police.

PROJECT | Remediation of Fuel Storage and Distribution Facility in Carlisle Client: ESSO Role: Project Manager Remedial techniques: Excavation, waste classification, groundwater pump and treat (NAPL removal) Key achievements:

·Undertook investigations, remedial designs and implementation of remediation for former fuel storage facility in Carlisle. The remedial solution including excavation, sorting the soils on site, installation of a groundwater pump and treat system.

PROJECT | Remediation of a Former Fuel Depot in Ayr harbour Client: ESSO Role: Project Manager Remedial techniques: Excavation, waste classification. Key achievements:

·This involved undertaking site investigations and risk assessments, undertaking the design of the remediation, preparing remedial action plans, negotiation with the regulatory authorities regarding waste classification and remedial methods and supervision of remediation. Site was successfully remediated using sol screening methodologies, with most of the soil remaining on-site.

PROJECT | CCA Spill Remediation Client: Laporte Industries Role: Project Manager Remedial techniques: Groundwater interception trench Key achievements:

·Following a spill, undertook an investigation at a wood preservative manuf acturing f acilit y in nort hern Engla nd. Two phase s of site investigation were undertaken together with quantitative risk assessment (RBCA). Remedial designs (a cut off trench and active pumping) were then prepared and agreed with the EA, and finally implemented.

PROJECT | Glasgow Airport, International Mirror Stands Project Client: BAA Role: Project Manager Remedial techniques: Excavation, waste classification, land farm, shallow groundwater interception and NAPL skimming Key achievements:

·As part of the scoping exercise undertook a preliminary contaminated land risk assessment of the site earmarked for further development at Glasgow Airport. The site was contaminated with heating oil. Remediation undertaken using shallow groundwater extraction, oil water separation and Curriculum Vitae 7 Dr David Coutts ex-situ bioremediation. The majority of the soils were retained on site for re-use.

PROJECT | Langbank Remediation Client: Renfrewshire Council Role: Project Manager Remedial techniques: UST excavation, waste classification, bioaugmentation.

Key achievements:

·Assessment of a kerosene spill in central Scotland, involving investigations soil and groundwater analysis, quantitative risk assessment and remedial action plan development. Remedial design completed and implemented including excavation of the source, installation of bioaugmentation boreholes within the kerosene plume.

PROJECT | Tay Waste Water Project Client: Morrison Construction Role: Team leader Remedial techniques: Excavation, waste classification. Key achievements:

·Provided contaminated land and waste management advice for the Tay Waste Water contractor team. This involved undertaking risk assessment and assessing the suitability of re-use of material under exemptions from waste management licensing.

Expert witness statement of David Coutts Page 6 52559689 Annexure B – Instructions 55090315 Melbourne Metro Rail Project Interpreted Hydrogeological Setting EES Summary Report page 1 Mr David Coutts Jacobs [email protected] 1 August 2016 Matter 82449055 By Email Dear Mr Coutts Confidential and Privileged Melbourne Metro Rail Project Interpreted Hydrogeological Setting EES Summary Report We continue to act as legal advisors to the Melbourne Metro Rail Authority ( Authority) in connection with the Melbourne Metro Rail Project ( Project).

We refer to our letter of instruction dated 29 July 2016. 1 Updated Interpreted Hydrogeological Setting Summary Report Golder Associates has provided us with an updated version of the Interpreted Hydrogeological Setting EES Summary Report ( Updated Interpreted Hydrogeological Setting Summary Report) dated 29 July 2016, which we enclose in this letter. 2 Further instructions We ask that you consider the Updated Interpreted Hydrogeological Setting Summary Report and insofar as it is relevant to your area of expertise 1 consider whether it gives rise to a need to modify any of the proposed EPRs relevant to your area of expertise; and 2 consider whether it causes you to depart from the findings and opinions that you express in t he Contaminated Land and Spoil Management Impact Assessment exhibited with the Environment Effects Statement ( EES).

Yours sincerely Tim Power Partner Herbert Smith Freehills +61 3 9288 1484 +61 419 104 681 [email protected] Michelle Keen Special Counsel Herbert Smith Freehills +61 3 9288 1824 +61 439 950 963 [email protected] Herbert Smith Freehills LLP and its subsidiaries and Herbert Smith Freehills, an Australian Partnership ABN 98 773 882 646, are separate member firms of the international legal practice known as Herbert Smith Freehills. Attached 1 Interpreted Hydrogeological Setting EES Summary Report (July 2016) Expert witness statement of David Coutts Page 7 52559689 Annexure C – Summary of Additional Works Completed post EES The post EES investigation included the collection of data from all precincts along the alignment, including: additional soil bores, groundwater wells, soil vapour points, soil sampling for waste classification and human health risks, groundwater sampling for human health and environmental risks. The following sections describe elements of the abov e investigations and resulting data set, and what changes/impacts they hav e on the conclusions of the EES submission.

Since the EES submission ov er 100 additional boreholes hav e been adv anced, over 50 groundwater wells installed and sampled and ov er 1,000 soil samples tested for various contaminants of concern.

(a) Naturally Occurring, potentially acid sulfate soil and rock An estimated 2,032,000 m³ of spoil would be generated by the construction of Melbourne Metro (approximately 613,000 m³ from the tunnels, 103,000 m³ from the portals and 1,316,000 m³ from the stations). Of this, it is anticipated that 48,500 m 3 would be acid sulfate soil (ASS) associated predominantly with Coode Island Silt 1 and 568,000 m 3 would be acid sulfate rock (ASR) associated with the Silurian Melbourne Formation mudstones 2 (Table 1). Since completing the EES, over 500 additional naturally occurring / potentially acid sulfate soil and rock samples were taken by Golder.

(b) Handling and disposal of contaminated and clean spoil The further sampling has increased the ov erall confidence in the data from low to m edium 3 based on the possible ‘high’ case in-situ fill volumes. In addition: · The ov erall volume of spoil to be generated has not changed as the concept design assessed has not significantly changed since the EES; · No significant changes to Prescribed Industrial Waste (PIW) volumes hav e occurred since the EES; and · The ov erall density of sampling has increased post EES. The sampling density at the time of the EES, depending on whether the possible ‘high’ case or ‘likely’ case in situ volume of f ill was used, was between one sample per 780 m 3 to 1,100m 3. This compared to a higher sampling density post EES of between one sample per 300m 3 and 490m 3. (c) Interception of contaminated groundwater in the immediate vicinity of the project The EES reported that the groundwater quality beneath the project area is generally poor with high salt loads and of ten contaminated with v arious heavy metals (such as barium, boron, iron, manganese, nickel) and other inorganics (such as nitrate and ammonia).

Often these contaminants reflect either natural conditions in the aquifer (such as nickel in Older Volcanics groundwater) or contamination from non-point sources. 1 The Coode Island Silt is c onsidered the highest risk geologic al formation ass ociated with was te ASS production. Spoilfrom the Brighton Group, W erribee Formation, Quaternary Alluvial Deposits and Older Volcanics also have potential toproduce acid although s ampling res ults suggest this is a low ris k.

2 The Melbourne Formation is more likely to be ac id forming below about 24m below ground level r epres enting where therock changes from weathered to unweathered properties.

3 Bas ed on confidenc e levels designated in Sec tion 5.6.3 of the EES (Contaminated Land and Spoil Management) Expert witness statement of David Coutts Page 8 52559689 The EES reported that site investigations confirmed low levels of volatile organic compounds in groundwater in the Parkville to CBD North segment and near Fawkner Park associated with man-made point sources of contamination on or near the alignment.

The EES reported that twenty-eight EPA Groundwater Quality Restricted Use Zones (GQRUZs) were identified within approximately one (1) km of the project boundary (two within the project boundary), and that contaminated groundwater f rom these sites may migrate towards tunnels or excav ations if the groundwater f low regime is altered during construction and through ongoing operation (the GQRUZs are discussed in Technical Appendix O Groundwater).

Overall the post EES inv estigation dataset confirms the conclusion reached in the EES, that man-made point sources of localised groundwater contamination across the alignment will be encountered and require management. This is a typical observ ation and conclusion when considering impacts on groundwater quality associated with infrastructure projects within an urbanised environment.

Ongoing investigations, post EES, in the area of CBD North station include additional groundwater monitoring locations in the vicinity of the former brewery site where known chlorinated hydrocarbon and hydrocarbon contamination of groundwater is present. This groundwater contamination was identified in a published environmental audit report for a portion of the former brewery site (“Stage 1A”) available at the time of the EES. Since publication of the EES, an audit report for one further portion of this site (Stage 1B) has become available and audits of portions of the site (Stage 2 and Stage 3) are on-going and information is currently not publically available.

On-going investigations will provide additional data to further inform understanding of the nature and extent of groundwater contamination.

(d) Interception of vapours and gases in the immediate vicinity of the project Inv estigations to assess vapour and other ground gases during the EES stage indicated:

· Coode Island Silt between around the western portal and the southern aspect of the Yarra River crossing may produce methane and other ground gases; and · Potential for volatile contaminants (v apours) to be present in soil/groundwater near Parkville and CBD North precincts and near Fawkner Park. Post EES investigations identified:

· Ground gases (methane) present in the Coode Island Silt at Arden station; and · Soil v apour (solv ents) is present at Arden station in shallow fill. It is noted howev er, that this material will be excav ated during construction of the station and therefore is unlikely to present an ongoing risk to the human health or users of the site and train passengers. The organic contamination in groundwater noted in (c) above may also lead to v apours, derived from groundwater, entering construction work areas. Additional inv estigation works are currently being undertaken in the area of the former brewery site to further ev aluate the potential vapour risk associated with groundwater.

Expert witness statement of David Coutts Page 9 52559689 Table 1: Summary of ‘possible high case’ in situ spoil volumes (m 3) Location Contaminated spoil Prescribed industrial waste (PIW) 3,4 WASS Clean Fill M aterial 6 Subtotal (Natural) 7 Total 8 Category A Category B Category C Total PIW PASS / ASS ASR Tunnels EES sub totals 1 0 0 0 0 12,000 209,000 392,000 613,000 613,000 Post-EES sub totals 2 0 0 0 0 14,500 274,000 324,500 613,000 613,000 Portals EES sub totals 1,100 5,900 18,900 25,900 1,000 0 77,300 78,300 104,200 Post-EES sub totals 2,000 4,200 18,800 25,000 1,000 0 77,000 78,000 103,000 Stations EES sub totals 14,600 20,200 72,500 107,300 35,000 294,000 880,000 1,209,000 1,316,300 Post-EES sub totals 9,750 21,000 76,200 106,950 33,000 294,000 882,000 1,209,000 1,315,950 Project wide totals EES totals 15,700 26,100 91,400 133,200 48,000 503,000 1,349,300 1,900,300 2,033,500 Post-EES totals 11,750 25,200 95,000 131,950 48,500 568,000 1,283,500 1,900,000 2,031,950 NOTES:

1. Data Sourc e: T echnic al Appendix Q of the EES 2. Data Sourc e: Golder Ass ociates (2016). Melbourne Metro Rail Projec t – Contaminated land Assess ment EES Summary – July 2016 Update Report, 1525532-334-R-R ev0 3. Contaminated spoil defined as Prescribed Industrial W aste in the EPA Industrial W aste Res ourc e Guidelines 2009.

4. Contaminated spoil may als o c ontain as bestos .

5. W aste Acid Sulf ate Soils (W ASS) comprise Potential Acid Sulfate Soils (PASS), Acid Sulf ate Soils (ASS) and Acid Sulf ate Rock (ASR). 6. 'Clean Fill' volumes c alculated as the differenc e between the T otal natural spoil volume and the volume of W ASS 7. Total volumes of natural material taken from Golder Ass ociates Proc urement Stage Interpr etive Report 8. Spoil quantities are in-situ (dens e) volumes .

Expert witness statement of David Coutts Page 10 52559689 Annexure D – Response to Submissions (Contaminated Land and Spoil) Refer to the following Table 2.

Expert witness statement of David Coutts Page 11 52559689 Table 2: Responses to submissions relating to Contaminated Land and Spoil Management Issue Submission No. Response Recommended New or Modified Environmental Perfor mance Requirement Handling and management of acid sulfate rock at Fawkner Park should the TBM launch site be rec onsidered at this loc ation. MM141 Fawkner Park is no longer being purs ued as a pref err ed TBM launch site. N/A Requests additional detail relating to loc al management of clean fill and pr escribed was te in Federation Square precinct. MM178 All suc h works would be undertaken in acc ordanc e with a construction environmental management plan (EPR EM1) and als o in acc ordance with EPR C 1, C2 and C4.

The specific methodology f or handling, staging and treatment of clean fill and prescribed wastes at the Federation Square prec inct will be determined by the succ essful tenderer.

EPR SC 3 provides that prior to main works or shaft construction, a community and business involvement plan to engage potentially aff ected stakeholders and advis e them of the planned construction activities and project pr ogress. N/A Insufficient res earch c ompleted into options for spoil removal and materials and equipment delivery for Arden Station construction. Severe amenity and s af ety issues f or residents (dust, noise, traffic).

Suggests c onstruction of purpos e built road adjac ent to existing railway line for heavy and c onstruction vehicles. MM199 All suc h works would be undertaken in acc ordanc e with a construction environmental management plan (EPR EM1) and als o in acc ordance with EPR C 1, C2 and C4.

The specific methodology f or handling, staging and treatment of clean fill and pr escribed wastes will be determined by the succ essful tenderer.

Traffic ass ociated with c onstruction works will be managed through implementation of a traffic management plan, prepared by the succ essful tenderer. The impacts from traffic, generated during construction works, would be mitigated through the implementation of EPR T1. Potential dust and nois e impacts ass ociated with c onstruction works are address ed in other expert witness statements. N/A Supports adoption of alternative design option f or wes tern portal, including trans porting spoil material using conveyor with loading point via barges on Maribyrnong River and dis pos al to Port Phillip Bay as mos t spoil unc ontaminated. MM243, MM247, MM248 MM286 All suc h works would be undertaken in acc ordanc e with a construction environmental management plan (EPR EM1) and als o in acc ordance with EPR C 1, C2 and C4.

The specific methodology f or handling, staging and treatment of clean fill and pr escribed wastes will be determined by the successful tenderer, including an assessment of the feasibility of use of barges for spoil dispos al. Dispos al of clean fill materials would be undertaken in acc ordanc e with relevant legislation, and would take plac e at an appropriately lic ens ed f acility. Dispos al of excavated s poil would not take plac e in Port Phillip Bay. N/A Expert witness statement of David Coutts Page 12 52559689 Issue Submission No. Response Recommended New or Modified Environmental Perfor mance Requirement Traffic ass ociated with c onstruction works will be managed through implementation of a traffic management plan, prepared by the succ essful tenderer. No further details on transport options c an be provided at this stage of the projec t. The impacts from traffic, generated during construction works, would be mitigated through the implementation of EPR T1. Increas ed volume of s poil if conc eptual option adopted, supports alternative design option. MM243 All suc h works would be undertaken in acc ordanc e with a construction environmental management plan (EPR EM1) and als o in acc ordance with EPR C 1, C2 and C4.

The specific methodology f or handling, staging and treatment of clean fill and pr escribed wastes will be determined by the succ essful tenderer. N/A Environmental risks pos ed by the pr opos ed project from contaminated land and s oils include:

· the disturbanc e of potential and actual ac id sulf ate soils during c onstruction; and · the storage, transportation, treatment and dispos al of exc avated contaminated materials. Consideration should be given to the maximum r eus e of materials on site. All was te materials generated during the construction works to be disposed of off-site must be managed in acc ordanc e with the Environment Protection (Industrial W aste Res ourc e) Regulations 2009. MM291 All suc h works would be undertaken in acc ordanc e with a construction environmental management plan (EPR EM1) and als o in acc ordanc e with EPR C1, C2 and C4 and acc ording to Environment Protec tion (Industrial W aste Res ourc e) Regulations 2009.

The specific methodology f or handling, staging and treatment of clean fill and pr escribed waste s oils will be determined by the succ essful tenderer, including an ass essment of the potential f or reus e of materials on site (it should be noted that owing to the extent of s ubsurfac e exc avations, the potential for reus e of excavated materials on site is likely to be low. N/A EPA Rec ommendation 6: EPA rec ommends as part of the CEMP and SEIP that Precinct- specific Groundwater Management Plans are developed and implemented to manage MM291 EPR C3 address es the requirement f or risk ass essment and (if required) identific ation of remedial options in res pect to this risk (EES ris ks #CL030 and #CL54). N/A Expert witness statement of David Coutts Page 13 52559689 Issue Submission No. Response Recommended New or Modified Environmental Perfor mance Requirement potential groundwater impacts, including the risk of “mobilis ation” and/or “migration” of contaminated groundwater.

There are ongoing environmental risks ass ociated with groundwater during projec t operations. Risks ass ociated with vapour penetrating the MMRP infrastructure are included.

No spec ific contaminated land or groundwater c onc erns. Conc erns re amenity including traffic, noise and air quality, tree removal. MM306 Traffic ass ociated with c onstruction works will be managed through implementation of a traffic management plan, prepared by the succ essful tenderer. No further details on transport options c an be provided at this stage of the projec t. The impacts from traffic, generated during construction works, would be mitigated through the implementation of EPR T1. N/A EES does not provide for remedial meas ures if spoil is mismanaged.

Alternative construction method of tunnelling from outside city would enable c onveying spoil to loc alis ed site outside city. MM310 All suc h works would be undertaken in acc ordanc e with a construction environmental management plan (EPR EM1) and als o in acc ordance with EPR C 1, C2 and C4.

In order to avoid mis management of spoil during the c onstruction stage, the methodology f or handling, staging and treatment of clean fill and pr escribed was tes will be determined by the succ essful tenderer.

An ass ess ment of alignment options was undertaken in determining the c onc ept design pres ented in the EES which includes TBM launch site options. T emporary staging of excavated materials may be undertaken at various loc ations along the alignment however the majority of excavated s oil / rock will be transported direc tly to a rec eiving f acility.

Traffic ass ociated with c onstruction works will be managed through implementation of a traffic management plan, prepared by the succ essful tenderer. The impacts from traffic, generated during construction works, would be mitigated through the implementation of EPR T1. N/A Saf ety conc erns from trucking spoil - rec ommend alternative c onstruction method (tunnelling rather than shafts) to enable conveying spoil outs ide city. MM317 Traffic ass ociated with c onstruction works will be managed through implementation of a traffic management plan, prepared by the succ essful tenderer. The impacts from traffic, generated during construction works, would be mitigated through the implementation of EPR T1.

An ass ess ment of alignment options was undertaken in determining the c onc ept design pres ented in the EES which includes TBM launch site options. T emporary staging of excavated materials may be N/A Expert witness statement of David Coutts Page 14 52559689 Issue Submission No. Response Recommended New or Modified Environmental Perfor mance Requirement undertaken at various loc ations along the alignment however the majority of excavated s oil / rock will be transported direc tly to a rec eiving f acility. Migration of existing c ontaminated groundwater plumes beneath university land resulting in prec lusion of gr oundwater beneficial us es and potential vapour intrusion to undergr ound structures.

Request EPRs include:

· ass essment of potential f or migration under university land · consultation in preparation of any GMP which may impact on university land · communic ation protoc ols f or notific ation to university if migration evident and remedial actions. MM318 EPR C3 address es requirement f or ris k ass ess ment and (if required) identific ation of remedial options in res pect to this ris k (EES risks #CL030 and #C L54). However this risk is also address ed in the EES for groundwater and the groundwater expert witness statement.

EPR SC 3 provides that prior to main works or shaft construction, a community and business involvement plan to engage potentially aff ected stakeholders and advis e them of the planned construction activities and project pr ogress. N/A EPRs should require university to be consulted in development of spoil management plans and CEMPs affecting university land. MM318 EPR SC 3 provides the mechanism through which Univers ity of Melbourne would be engaged prior to and during c onstruction. N/A Suggests emphasis of EPR amended s o that design enhances flood protec tion rather than maintaining current status. Planning f or land re handling of c ontaminated spoil will need to be address ed by VicTrac k and government agencies res ponsible for establis hing planning framewor k for future MM365 N/A N/A Expert witness statement of David Coutts Page 15 52559689 Issue Submission No. Response Recommended New or Modified Environmental Perfor mance Requirement renewal. No spec ific c onc erns.

Conc erned about odour and hazard to school from spoil transfer area on Edmund Herring Oval. Reques ts add to EPRs:

· consultation re stoc kpiling activities, site SMP and CEMP, PASS/PASR management plan, Remedial Options Assessment, HSEMP; · installation and monitoring of vapour bores on MGS boundary during and after construction works if gas es/vapours detected in RO A; and · training to MGS staff and students re HSEMP. MM367, MM367 All suc h works would be undertaken in acc ordanc e with a c onstruction environmental management plan (EPR EM1) and als o in acc ordance with EPR C 1, C2 and C4.

The specific methodology f or handling, staging and treatment of clean fill and pr escribed wastes will be determined by the succ essful tenderer.

EPR SC 3 provides the mechanism through which Melbourne Grammar School would be engaged prior to and during construction and this engagement would include details of spoil characterization, handling, transport and dispos al. A remedial options ass ess ment would only be prepared should the level of existing c ontamination detec ted within the project boundary warr ant remediation.

Initial investigation data indic ates that the levels of ground gas es / vapours ass ociated with contamination to be low and theref ore vapour bores on the MGS boundary are not c onsidered n ec es s ar y.

Traffic ass ociated with c onstruction works will be managed through implementation of a traffic management plan, prepared by the succ essful tenderer. The impacts from traffic, generated during construction works, would be mitigated through the implementation of EPR T1. Potential dust and nois e impacts ass ociated with c onstruction works are address ed in other expert witness statements. N/A Groundwater drawdown in relation to potential impact on MGS buildings address ed, from inflow during construction at Domain station or rerouting/rebuilding of east-wes t sewer. Request impact ass ess ed and s af eguards implemented if required.

MGS advis ed of any findings in GMP that may impact on school and be advis ed on final method f or dispos al MM367 Respons e to this submission is address ed in the groundwater expert witness statement, including EPR relevant to potential dewatering impac ts.

EPR SC 3 provides the mechanism through which Melbourne Grammar School would be engaged prior to and during construction.

EPR C3 address es requirement f or ris k ass ess ment and (if required) identific ation of remedial options in res pect to this ris k (EES risks #CL030 and #CL54. However, this risk is also address ed in the EES with EPR C1, C2 and C4. N/A