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o Resource removal, including natural living resources; o Resource renewal; o Agricultural processes; o Industrial processes; o Transportation; o Energy generation and distribution; and o Recreation.
Implications for the proposed pipeline route:
The developer must be mindful of the principles, broad liability and implications associated with the ECA and must eliminate or mitigate any potential impacts. The developer must be mindful of the principles, broad liability and implications of causing damage to the environment.
3.12 Nature and Environmental Conservation Ordinance (19 of 1974)
The purpose of this ordinance is to consolidate and amend the laws relating to nature and environmental conservation. This ordinance provides a schedule of endangered and protected wild animals and flora.
The competent authority may: Establish a provincial nature reserve on any land under his control or management; and By agreement or expropriation acquire any land which he considers necessary and suitable for the purpose of establishing a provincial nature reserve thereon.
Responsibility of a private nature reserve owner: Manage, control and develop such reserve for the propagation, protection and preservation of fauna and flora
Implications for the proposed pipeline route:
If any fauna and/or fauna listed in terms of the Nature and Environmental Conservation Ordinance are found on site the appropriate permits will have to be acquired for the removal thereof.
3.13 National Environmental Management: Protected Areas Act (31 of 2004)
The purpose of this Act is to provide for the protection and conservation of ecologically viable areas representative of South Africa‘s biological diversity and its natural landscapes and seascapes.
The objectives of this Act are-
To provide, within the framework of national legislation, including the National Environmental Management Act, for the declaration and management of protected areas; To provide for co-operative governance in the declaration and management of protected areas; To effect a national system of protected areas in South Africa as part of a strategy to manage and conserve its biodiversity; To provide for a representative network of protected areas on state land, private land and communal land; To promote sustainable utilisation of protected areas for the benefit of people, in a manner that would preserve the ecological character of such areas;
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To promote participation of local communities in the management of protected areas, where appropriate; and To provide for the continued existence of South African National Parks.
Implications for the proposed pipeline route:
The existing servitude transects the proclaimed Bill Barnes Crane and Oribi Nature Reserve.
3.14 Conservation of Agricultural Resources Act (43 of 1983)
The purpose of this Act is to provide for control over the utilization of the natural agricultural resources in order to promote the conservation of the soil, the water sources and the vegetation and the combating of weeds and invader plants.
This is achieved by
Production potential of land is maintained, Preventing and combating erosion, Preventing and combating weakening or destruction of the water sources, and Protecting vegetation and combating of weeds and invader plants.
The Act provides a list of declared weeds and invader plants as well as indicators of bush encroachment.
In terms of weeds and invader plants:
A land user shall control any category 1 plants that occur on any land or inland water surface. No person shall, except in or for purposes of a biological control reserve – o Establish, plant, maintain, multiply or propagate weeds and invader plants; o Import or sell propagating material of category weeds and invader plants; and o Acquire propagating material of weeds and invader plants
Implications for the proposed pipeline route:
If any declared weed and/or invader species listed in terms of this Act is present on site, it will have to be removed.
3.15 Municipal by-laws and planning
There will be certain requirements related to the health and safety during construction and approval of method statements, particularly for excavation work. Certain activities related to the proposed development may, in addition to National legislation, be subject to control by municipal by-laws including the Mpofana Municipality and uMngeni Municipality Integrated Development Plans (IDPs). Even though the proposed development falls outside of the eThekwini Municipal Area an overview of the IDP has been included since the proposed project will supply water to eThekwini Municipality.
The proposed Spring Grove Dam (on the Mooi River) is situated in both uMngeni and Mpofana municipalities. With a dam wall length of 607 m, height of 37 m and storage volume of 139.5 million m3, the dam will add 60 million m3 per year to the Mgeni system which supplies 5 million people (Mooi-Mgeni transfer scheme 2011). The transfer scheme consists of a pump station and pipeline, transferring water to Midmar Dam which supplies uMngeni municipality, Pietermaritzburg, Durban and surrounding areas (Figure 3-1).
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Figure 3-1: The Mooi-Mgeni system (source: TCTS 2011)
The completion of this project will enable other water supply projects, such as the Greater Mpofana Bulk Water Supply (Figure 3-2) which will supply Mpofana and uMgeni municipalities as their water demand continues to increase.
3.15.1 uMgeni Municipality IDP
According to the uMgeni Municipality IDP, the 2007 population estimate for uMngeni was 84 775, with a total of 21 588 households. Of this, 1163 households have no access to potable water which the municipality hopes to rectify by 2014.
Furthermore, the uMngeni economy is largely reliant on agriculture as well as tourism due to the popular tourist attraction, the Midlands Meander (Figure 3-3). The uMngeni Municipality‘s IDP acknowledge that the development of Spring Grove Dam and transfer scheme will create recreation and tourist potential, adding to the economy as well as providing ecosystem services (water supply for consumption and agriculture) for the general municipal area.
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Figure 3-2: Greater Mpofana Bulk water supply (source: Umgeni Water 2012)
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Figure 3-3: Spatial development framework for uMngeni Municipality
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3.15.2 Mpofana Municipality IDP
According to the Mpofana Municipality IDP, service delivery and infrastructure development is a key issue in the Mpofana Municipality. With an estimate of 9597 households and another 2973 planned units, only 44.4% have access to water within their residences.
Furthermore, textile factories within the Mpofana Municipality provided economic relief to many of the residents as well as to the municipality. The closure of these factories in the 1990‘s led to a population decline of 14% as people moved elsewhere in search of jobs. The Mpofana economy suffered due to these closures, and tourism and agriculture now support the bulk of Mpofana‘s economy. Once again the development of Spring Grove dam and transfer scheme will provide much needed ecosystem services (water supply for consumption and agriculture) for the general municipal area.
3.15.3 eThekwini Municipality
According to the eThekwini Municipality IDP, eThekwini Municipality has a serious service and housing backlog. With a backlog of 74 481 houses requiring access to water and a housing backlog of 410 020, eThekwini Municipality needs enough water to supply an extra 480 000 households with water without even taking future growth into account. In addition to this, eThekwini Municipality is an economic hub for the province, with urban and industrial zones expanding. This will place increased pressure on water resources in the near future.
3.16 Possible benefits of the development to the local community
The development is expected to supply various municipal areas with potable water. Furthermore, various employment opportunities will be created for local labourers during both the construction and operation phases of the proposed development.
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4. DESCRIPTION OF THE AFFECTED ENVIRONMENT
According to regulation 28 (1) of the EIA regulations (2010), A scoping report must include – (e) a description of the environment that may be affected by the activity and the manner in which activity may be affected by the environment
In line with the above-mentioned legislative requirement, this chapter provides a description of the natural and socio-economic environments that could potentially be impacted by the proposed development.
4.1 Climate
The climate of the area is largely dependent on altitude. It is a summer rainfall area with lower lying areas receiving on average 800 mm rainfall a year, increasing to 1280 mm for higher lying areas (Udidi, 2009). The south-easterly slopes are wetter than north westerly slopes due to moist air entering from the south east (Udidi, 2009). The western areas have a colder winter average temperature of 14°C compared to the slightly warmer eastern part (17°C) due to snowfalls in the west (Udidi, 2009). Altitude also affects temperature as indicated by Table 4-1, with Bishopstowe at an altitude of 838 m above sea level having a mean maximum temperature of 23.9°C and mean minimum temperature of 11.2°C, whereas Nottingham Road at 600 m higher in altitude has a mean maximum temperature of 21.3°C and a much lower mean minimum temperature of 6.1°C.
Table 4-1: Temperature variability with change in altitude (source: uMngeni IDP 2002) Altitude (m) above sea Mean max Mean min temp level temp °C °C Bishopstowe 838 23.9 11.2 Cedara 1067 22.5 9.9 Nottingham Road 1438 21.3 6.1
4.2 Topography
The eastern part of the area is considered to have gentle to moderate hills, whereas the western part is considered to be mountainous, leading towards the Drakensberg (uMngeni IDP 2002). The project area is considered to have a gentle topography, with slightly undulating slopes between Nottingham Road and Rosetta.
The site area consists of many small streams which can become dangerous during flood events. The main rivers include the Mooi and Little Mooi Rivers which are popular for trout fishing (MMTS-2, 2002). The area has a number of dams which receive high volumes of tourists as well as recreational users. For example, 1997 statistics indicate 65 600 visitors for Hazelmere Dam, 25 000 visitors for Inanda Dam and 151 000 visitors for Midmar Dam (MMTS-2, 2002). The Umngeni and Karkloof Rivers flow into the popular Howick and Karkloof waterfalls on the eastern side of uMngeni.
4.3 Geology and Soils
The geology of the area is considered to be sedimentary rocks of the Beaufort and Ecca subgroups of the Karoo Super Group (DWAF 2009). Three different formations comprise the study site. The western part is sandstone of the Tarkastad formation, the centre is predominantly mudstones and sandstone of the Estcourt formation and the east is predominantly shale of the Volkrust and Pietermaritzburg formations (Udidi, 2009).
Lions River, underlain by the Volksrust and Pietermaritzburg formation is comprised of highly weathered red orange, yellow brown and light blue grey soft rock shale (Drennan, Maude and
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Partners, 2009). Moist silty clay soils with high silt content are characteristic of this formation (Drennan, Maude and Partners, 2009).
Rosetta is underlain by the Estcourt formation which is comprised of highly weathered soft rock siltstone and sandstone with moist, silty or sand clay soils (average of 28% clay) (Drennan, Maude and Partners, 2009).
The Nottingham Road to Rosetta area has permanent wetlands with the most significant being the valley bottom wetland in the Crane Sanctuary (Drennan, Maude and Partners 2009).The depth to bedrock for both formations ranges from 1 m to 3 m.
Overall, soils are acidic with a pH range of 3.8 to 5.94 in the project area (Drennan, Maude and Partners, 2009). The region is considered to have high agricultural potential, although fertilizer is required as nutrient levels are low due to leaching (from being in a high rainfall area). Soil in the eastern part is suggested to be well suited for intensive farming, but there are problems with phosphorous fixation as well as aluminium toxicity (source: uMngeni IDP, 2002). Soil erosion originating from poorly-sited tracks/roads has resulted in numerous incised trenches (dongas) across the area (Drennan, Maude and Partners, 2009).
4.4 Areas of Endemism
The study area occurs within the Maputaland-Pondoland-Albany area of endemism (CI 2010). This biodiversity hotspot is approximately 274,000 km2 and is located on the Eastern side of Southern Africa (Figure 4-1). This hotspot is formed by the joining of three centres of endemism (Maputaland, Pondoland and Albany). Six of South Africa‘s eight terrestrial biomes converge within this hotspot and levels of floristic endemism are very high. The forests occurring in the region have the highest species richness of any temperate forests in the world. In terms of flora, the region boasts almost 2000 endemic plant species, 39 endemic genera, and 1 endemic family. In terms of IUCN ratings there are 323 Vulnerable species, 128 Endangered species and 83 Critically endangered plant species in the hotspot (CI, 2010).
In terms of the fauna, vertebrate diversity is represented by fourteen endemic bird species, 26 Vulnerable, 4 Endangered and 4 Critically Endangered species (CI, 2010). In addition, there are 63 endemic reptile species with very restricted distributions. There are 14 Vulnerable and 4 Endangered reptile species. Of the 202 mammal species, 8 species are endemic. Six Mammal species are Vulnerable, 6 Endangered, and 5 Critically Endangered. Of the amphibians occurring in the hotspot, 24 species are Endemic, 3 species are Vulnerable, 6 species Endangered and 2 species Critically Endangered (CI, 2010).
4.5 Vegetation and Floristics
4.5.1 Vegetation of the study area
Ezemvelo-KZN Wildlife has mapped the vegetation of the area in more detail (Figure 4-2), but the vegetation types are the same as the Mucina and Rutherford (2006) descriptions, who define the following vegetation types (Figure 4-3):
Mooi River Highland Grassland is restricted to the KwaZulu-Natal Province. It comprises gently rolling landscapes dominated by grassland, in which Themedatriandra, Heteropogoncontortus and Tristachyaleucothrix are dominant. This vegetation type is listed as Vulnerable, with a conservation target of 23%. Only a very small piece of it is statutorily conserved and the majority (almost 60%) has been transformed for cultivation or plantations.
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Figure 4-1: The Maputaland-Pondoland Albany Hotspot (Source: CI, 2010).
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Figure 4-2: KZN Wildlife Vegetation Map of the study area and surrounds.
Figure 4-3: Mucina and Rutherford Vegetation Map of the study area and surrounds.
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Drakensberg Foothill Moist Grassland vegetation type occurs in the KwaZulu-Natal and Eastern Cape provinces. The area is moderately rolling and mountainous, incised with gorges containing dry vegetation types and forest. The majority is dominated by forb-rich grassland (a grassland with a large amount of non-grass species) dominated primarily by Themedatriandra and Tristachyaleucothrix. This vegetation type is classified as Least threatened by Mucina and Rutherford (2006), with a conservation target of 23% and 2-3% statutorily conserved. Over 20% has been transformed for cultivation, plantations and urban sprawl.
Mucina and Rutherford (2006) list several species that occur within both vegetation types: Mooi River Highland Grassland and Drakensberg Foothill Moist Grassland. Of these, 11 are on the IUCN red data list (Table 4-2).
Table 4-2: Species endemic to the vegetation types (Mooi River Highland Grassland and Drakensberg Foothill Moist Grassland) found in the study area and surrounds.
Vegetation Type Species IUCN Mooi River Highland Geranium ornithopodiodes EN Grassland Salvia repens Rare Drakensberg Foothill Moist Hesperanthaingeliensis Rare Grassland Cheilanthesdeltoidea VU Nerinebowdenii Rare Protearoupelliae CR Encephalartosghellinckii VU Schizochilusbulbinella Rare Stachysrivularis DD Brachystelmamolaventi VU Dioscorea brownii VU
4.6 Fauna
4.6.1 Habitats
There is a lack of pristine terrestrial habitats in the general study area. In this case, the terrestrial fauna has been severely impacted upon by human activity. Vegetation clearing for cultivation is the primary impact on the natural habitats of the region.
4.6.2 Birds
Birds listed by Birdlife Africa as occurring in the area, that are on the IUCN red data list are listed in Table 4-3. It should be noted that both Blue Cranes and Wattled Cranes have been recorded from the site, with a breeding pair of each resident in the Bill Barnes Oribi and Crane Reserve.
Table 4-3: Birds occurring in the area listed on the IUCN red data list
Scientific name Common name IUCN Ciconianigra Black Stork NT Ciconiaepiscopus Wooly-necked Stork NT Geronticuscalvus Southern Bald (Bald) Ibis VU Sagittarius serpentaris Secretary Bird NT Gypaetusbarbatus Bearded Vulture EN Gyps coprotheres Cape Vulture (Griffon) VU Polemaetusbellicosus Martial Eagle VU Stephanoaetuscoronatus African Crowned (Crowned) Eagle NT Circus ranivorus African Marsh-Harrier VU Falco cherrug Lanner Falcon NT Bugeranuscarunculatus Wattled Crane CR Anthropoidesparadiseus Blue Crane VU
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Scientific name Common name IUCN Balearicaregulorum Grey Crowned- (Crowned) Crane VU Neotisdenhami Denham‘s (Stanley‘s) Bustard VU Vanellusmelanopterus Black-winged Lapwing (Plover) NT Tytocapensis African Grass-Owl VU Alcedosemitorquata Half-collared Kingfisher NT Bucorvusleadbeateri Southern Ground-Hornbill VU Lioptilusnigricapillus Bush Blackcap NT Zootheragurneyi Orange Ground-Thrush NT Schoenicolabrevirostris Broad-tailed Warbler NT Mycteria ibis Yellow-billed Stork NT Plegadisfalcinellus Glossy Bald (Bald) Ibis VU Circus maurus Black Harrier NT Rostratulabenghalensis Greater Painted-snipe NT
4.6.3 Reptiles
There are 350 species of reptile in South Africa, comprising 213 lizards, 9 worm lizards, 105 snakes, 13 terrestrial tortoises, 5 freshwater terrapins, 2 breeding species of sea turtle and 1 crocodile (Branch, 1998). Reptiles likely to occur in the study area with IUCN categorisation (Least Concern (LC) and not threatened (NT) are given in Table 4-4.
Table 4-4: Reptiles recorded from the study area and surrounds
Family Scientific name Common name IUCN Lizards Acanthocercusatricollis Blue Headed Tree Agama LC Agamidae Agama armata Tropical Spiny Agama Chamaeleonidae Bradypodionthamnobates Natal Midlands Dwarf Chameleon NT Cordylusvittifer Transvaal girdled lizard Cordylidae Pseudocordylusmelanotus Drakensberg Crag Lizard Chamaesauraanguina Cape grass lizard Afroedurapondolia Pondo Rock Gecko Gekkonidae Hemidactylusmabouia Tropical House Gecko Gerrhosauridae Gerrhosaurusflavigularis Yellow-throated Plated Lizard Trachylepisdepressa Eastern coastal skink Trachylepisvaria Variable Skink
Acontiasgracilicauda Thin-tailed Legless Skink LC Mabuyacapensis The Cape Skink Varanidae Varanusniloticus Nile Monitor Snakes Atractaspididae Aparallactuscapensis Cape centipede-eater LC Crotaphopeltishotamboeia Red-lipped snake Dasypeltisinornata Southern brown egg-eater Dasypeltisscabra Rhombic egg-eater LC Duberrialutrix common slug-eater LC Colubridae Lamprophiscapensis Brown house snake Lamprophisinornatus Olive House Snake LC Lycodonomorphuslaevissimus dusky-bellied water snake Lycodonomorphusrufulus Common Brown Water Snake Philothamnushoplogaster Green water snake
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Family Scientific name Common name IUCN Philothamnusnatalensis subsp. Western Natal Green Snake occidentalis Psammophisbrevirostris Short-snouted whip snake Psammophis crucifer Cross-Marked Grass Snake Psammophismossambicus Mozambique Sandsnake Pseudaspiscana mole snake Psammophylaxrhombeatus Rhombic Skaapsteker Lycophidioncapense Cape wolf snake LC Philothamnusnatalensis Natal green snake Hemachatushaemachatus Rinkhals LC Elapidae Homorocelapslacteus Spotted Harlequin Snake Leptotyphlopidae Leptotyphlopslongicaudus long-tailed thread snake Typhlopidae Typhlopsbibronii Bibron's blind snake Caususrhombeatus Common night adder Viperidae Bitisarietans Puff Adder
4.6.4 Amphibians
Amphibians are an important and often neglected component of terrestrial vertebrate faunas. They are well represented in sub-Saharan Africa, from which approximately 600 species have been recorded (Frost, 1985). Currently amphibians are of increasing scientific concern as global reports of declining amphibian populations continue to appear (Phillips, 1994).
Although there is no consensus on a single cause for this phenomenon, there is general agreement that the declines in many areas, even in pristine protected parks, are significant and do not represent simple cyclic events. Frogs have been aptly called bio-indicator species, whose abundance and diversity is a poignant reflection of the general health and well-being of aquatic ecosystems. They are important components of wetland systems, particularly ephemeral systems from which fish are either excluded or of minor importance. In these habitats, they are dominant predators of invertebrates, many of which may impact significantly on humans (e.g. as vectors of disease). Amphibians likely to occur in the area are given in Table 4-5 below.
Table 4-5: Amphibians recorded from the study area and surrounds
Family Scientific name Common name IUCN Bufogutturalis African Common Toad LC Bufonidae Buforangeri Ranger‘s Toad LC Schismadermacarens African Split-skin Toad LC Hyperoliidae Hyperoliusmarmoratus Marbled Reed Frog LC Cacosternumboettgeri Boettger‘s Dainty Frog LC Petropedetidae Cacosternumnanum Bronze Dainty Frog LC Pipidae Xenopuslaevis African Clawed Frog LC Strongylopusfasciatus Striped Stream Frog LC Pyxicephalidae Tomopternanatalensis Natal Sand Frog LC Ranidae Strongylopusgrayii Gray's Stream Frog LC
4.6.5 Mammals
Large game makes up less than 15% of the mammal species in South Africa and a much smaller percentage in numbers and biomass. In developed and farming areas, such as the study site, this percentage is greatly reduced, with the vast majority of mammals present being small or medium-
Coastal & Environmental Services 32 Trans-Caledon Tunnel Authority MMTS-2 Final Environmental Scoping Report – July 2012 sized. Except where reintroduced into protected areas, lions, black wildebeest, red hartebeest, buffalo, black rhinoceros, elephant, hippopotamus and reedbuck are extinct. Cheetah and wild dogs are no longer found in the area and hyenas, leopard and vaal reebok are almost extinct (Skead, 1974b). Table 4-6 lists species that are likely to occur in the study area and surrounds, with their IUCN status.
Table 4-6: Mammalian species likely to occur on the study site
Species name Common name IUCN Myosorexvarius Forest Shrew LC Suncuslixus Greater Dwarf Shrew LC Suncusinfinitesimus Least Dwarf Shrew LC Crociduramariquensis Swamp Musk Shrew LC Crociduraflavescens Greater Musk Shrew LC Crocidurahirta Lesser Red Musk Shrew LC Amblysomushottentotus Hottentot Golden Mole LC Otomysangoniensis AngoniVlei Rat LC Lemniscomysrosalia Single-striped Mouse LC Rhabdomyspumilio Striped Mouse LC Dasymysincomtus Water Rat LC Grammomysdolichurus Woodland Mouse LC Musdomesticus House Mouse LC Musminutoides Pygmy Mouse LC Mastomysnatalensis Multimammate Mouse LC Thallomyspaedulcus Tree Mouse LC Aethomysnamaquensis Namaqua Rock Mouse LC Aethomyschrysophilus Red Veld Rat LC Rattusrattus House Rat LC Mystromysalbicaudatus White-tailed Mouse EN Dendromusmelanotis Grey Climbing Mouse LC Dendromusmesomelas Brants‘ Climbing Mouse LC Dendromusmystcalis Chestnut Climbing Mouse Steatomyspratensis Fat Mouse LC Thryonomysswinderianus Greater Cane Rat LC Graphiurusmurinus Woodland Dormouse LC Cryptomyshottentotus Common Mole-rat LC Hystrixafricaeustralis Porcupine Lepussaxatilis Scrub Hare LC Pronolaguscrassicaudatus Natal Red Rock Rabbit LC Procaviacapensis Rock Dassie LC Potamochoerusporcus Bushpig LC Philantombamonticola Blue Duiker LC Sylvicapragrimmia Common Duiker LC Raphiceruscampestris Steenbok LC Tragelaphusscriptus Bushbuck LC Reduncaarundinum Reedbuck LC Reduncafulvorufula Mountain Reedbuck LC Protelescristatus Aarwolf LC Felislybica African Wildcat Felisserval Serval Canismesomelas Black-backed Jackal LC Aonyxcapensis Cape Clawless Otter LC Poecilogalealbinucha Striped Weasel LC Ictonyxstriatus Striped Polecat LC Genettatigrina Large-spotted Genet LC Herpestes ichneumon Large Grey Mongoose LC Galerellasanguinea Slender Mongoose LC Ichneumiaaslbicauda White-tailed Mongoose Atilaxpaludinosus Water Mongoose LC Mungosmungo Banded Mongoose LC
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Species name Common name IUCN Otolemurcrassicaudatus Thick-tailed Bushbaby LC Papio cynocephalus ursinus Chacma Baboon Cercopithecusaethiops Vervet Monkey Orycteropusafer Aardvark LC Epomophoruscrypturus Peters‘ Epauletted Fruit Bat LC Eidolon helvum Straw-coloured fruit bat NT Rousettusaegyptiacus Egyptian Fruit Bat LC Taphazousmauritianus Tomb Bat Tadaridaaegyptiaca Egyptian Free-tailed Bat LC Miniopterusschreibersi Schreiber's long-fingered bat NT Myotistricolor Temminck's hairy bat LC Pipistrellusnanus Banana Bat LC Eptesicuscapensis Cape serotine bat LC Scotophilusdingani Yellow House Bat Nycteristhebaica Common Slit-Faced Bat LC Rhinolophusclivosus Geoffroy‘s Horseshoe Bat LC Hipposideroscaffer Sundevall‘s Leaf-nosed Bat LC Chaerephonpumilus Little free-tailed bat LC Mops condylurus Angolan free-tailed bat LC Glauconycterisvariegata Variegated butterfly bat LC Scotoecusalbofuscus Thomas‘s house bat DD Scotophilusviridis Green house bat NE Pipistrellushesperidus Dusky pipistrelle LC
4.6.6 Conservation Planning Tools
Several conservation planning tools are available for the area. These tools allow for the determination of any sensitive and important areas from a vegetation and faunal point of view at the scoping stage of a development. They allow for the fine-tuning of plans and layouts with a view to reducing potential environmental impacts at the planning stage of the development. The tools used are outlined in Table 4-7 below.
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Table 4-7: Conservation and planning tools that need to be considered for the proposed project.
Tool Motivation Relevancy Figure Notes Important Bird Important Bird Areas are Low relevance, the Figure 4-4 This will not be Area (IBA) globally recognized areas closest IBA is over further assessed in essential for the 6kms away from the the EIA phase. protection of bird species. site. In order to be classified as an IBA, an area must contain Globally threatened species, restricted range species, biome restricted species or congregations of species. Corridors This tool is designed to High relevance. The Figure 4-5 This will be create corridors which link pipeline traverses a discussed in the up fragmented corridor near Ecological Impact landscapes. Ideally, these Nottingham Road. Assessment to be should be maintained as carried out in the conserved areas. EIA phase. Protected The objective of the PAES High relevance. The Figure 4-6 This will be Areas is to form an overarching pipeline traverses discussed in the Expansion strategic framework for a areas earmarked for Ecological Impact Strategy protected area network protected areas Assessment to be that ‗conserves a expansion. carried out in the comprehensive, EIA phase. representative and adequate sample of biodiversity and maintains key ecological processes across the landscape and seascape.‘ The areas earmarked by this study should be protected. Protected Protected areas are areas High Relevance. The Figure 4-7 This will be Areas that are already pipeline traverses discussed further in conserved. Areas in close The Bill Barnes the Ecological proximity to the proposed Crane and Oribi Impact Assessment development may be Nature Reserve. that will be affected by the conducted during development and thus the EIA phase. must be taken into account. Terrestrial This planning tool Very relevant. The Figure 4-7 This will be further Systematic developed by Ezemvelo site occurs primarily discussed in the Conservation KZN Wildlife shows the in Priority 1 areas, Ecological Impact Plan priorities for conservation which have high Assessment in the of areas, Priority 1 areas conservation EIA phase. have the highest priority importance. for conservation, with Priority 3 the lowest. The tool also identifies transformed areas.
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Wetlands Wetlands are very Very relevant. Some Figure 4-9 Wetlands will be important aspects of the pipeline options discussed in more ecosystem as they are traverse, or run very detail in the process areas. Not only close to, a wetland. Ecological Impact do they form habitat for Assessment in the both flora and fauna, they EIA phase. also perform vital ecosystem functions. It is for this reason that wetlands are always rated with a high sensitivity and should be conserved.
Figure 4-4: Important Bird Areas (IBAs) in proximity to the proposed pipeline.
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Figure 4-5: Corridors in proximity to the proposed pipeline.
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Figure 4-6: Protected Areas Expansion Strategy and its proximity to the proposed pipeline.
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*White areas are undefined Figure 4-7: Terrestrial Systematic Conservation Plan and its relevance to the proposed pipeline.
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Figure 4-8: Wetlands and their proximity to the proposed pipeline.
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4.7 Socio-economic Environment
KwaZulu-Natal (KZN) has a population of 9.9 million people, 5 million of which are supplied with water from the Mgeni system (uMngeni IDP, 2010). The Spring Grove transfer scheme which will increase water supply to the surrounding area as well as EThekwini Municipality, falls in the uMngeni and Mooi Mpofana municipalities (Mqunqundlovu District) and is resident to 900 000 people (Brugge n.d). Local economic development is a top priority for both municipalities with emphasis on expanding tourism, agriculture, manufacturing and commerce (Bruggen.d). uMngeni Municipality is the larger of the two municipalities. The population of uMngeni in terms of the 2001 Census figures given on the Demarcation Board Website in 2003, is 73 896 which equates to 8 % of the population of the District. The Statistics South Africa Community Survey sets the 2007 population at 84 775.
The extent of the uMngeni Municipality is 1 567 km². The resultant population density in 2001 was 47 persons per km². By 2007 this had increased to 54 persons per km².
The number of households given in the adjusted Demarcation Board 2001 Census figures for uMngeni is 20 486, which implies an average household size of 3.6 persons. In 2007 the number of households had increased to 21 588. This yields a slightly increased household size of 3.9 persons.
The number of households without access to potable water in 2001 was 1573 (8 %), and the 2007 figure was 1163 (5%). The main economic activities in uMngeni are agriculture (timber, dairy products and vegetables) and tourism (Brugge n.d.).
In terms of Stats SA 2001 Census data, Mpofana Municipality had a total population of 36 820 people compared to the 1996 data of 24 794 which showed a significant increase in the population of approximately 49%. According to the 2007 Community Survey, the current population of the Mpofana Municipality is approximately 31 517 with a population decline of 14.4% compared to the 2001 Census data. This clearly indicates an uneven trend in the population demographics taking the 1996 Census into consideration.
The uneven trend is a result of the closure of the textile factories in the town of Mooi River in the late 90‘s. The out migrating process could be regarded as one of the major course of the declining population as one of the bigger contributors to the economy had collapsed. These resulted in people moving to other economically active centres within the region, more especially Pietermaritzburg and Howick and to a lesser extent Estcourt. Cattle, dairy, stud and potato farming is the main source of income in the Mpofana area, followed by tourism (Bruggen.d.).
Table 4-8: Demographic and economic profile of uMngeni and Mooi Mpofana municipalities.
uMngeni Mooi Mpofana Source 2007 population 84781 31518 Stats SA 2007 2007 number of households 21588 7801 Stats SA 2007 2001 population density 41 19 Brugge. No date people/km2 2001 % of persons employed 44 39.5 Brugge. No date Economic Activity Brugge. No date Agriculture % 28 46 Community services % 27 N/A Manufacturing sector % 10.3 N/A Retail sector % 10.7 12.6
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Table 4-8 indicates both municipalities had similar employments percentages (44% for uMngeni and 39.5% for Mooi Mpofana), with agriculture contributing the most to employment.
The Central Spatial Development Plan (2011) highlights tourism as a significant contributor to the KZN economy (R6.9 billion annually). The proposed transfer scheme is in close proximity to the popular tourist destination, the Midlands Meander. Many people are involved in the tourism sector, from township tours, cultural villages, accommodation facilities and selling curios, making this area the tourism hub and economic supply for both municipalities. The Spring Grove Dam is expected to become a tourist and recreational attraction, just as many of the other dams in the area. The 1997 statistics indicated that 65 600 people visited Hazelmere Dam, 25 000 Inanda Dam and 151 000 Midmar Dam (MMTS-2, 2002).
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5. PUBLIC PARTICIPATION PROCESS
According to regulation 28 (1) of the EIA regulations (2010), A scoping report must include – (h) details of the public participation process conducted in terms of regulation 27(a) including – (i) the steps that were taken to notify potentially interested and affected parties of the application; (ii) proof that notice boards, advertisements and notices notifying potentially interested and affected parties of the application have been displayed, placed or given; (iii) a list of all persons or organisations that were identified and registered in terms of regulation 55 as interested and affected parties in relation to the application; and (iv) a summary of the issues raised by interested and affected parties, the date of receipt of and the response of the EAP to those issues.
In line with the above-mentioned legislative requirement, this Chapter of the Report provides the details of the Public Participation Process (PPP) followed during the Scoping Phase of the EIA. The Scoping Phase of the EIA provides for the involvement of Interested and Affected Parties (I&APs), in forums that allow them to voice their opinions and concerns, at an early stage of the proposed project. Such engagement is critical in the EIA, as it contributes to a better understanding of the proposed project among I&APs, and raises important issues that need to be assessed in the EIA process.
5.1 Register of interested and affected parties
At the commencement of the project TCTA provided a copy of the I&APs database from the previous EIA containing the details of 510 I&APs. The database was updated by checking all key authority entries to determine whether any of the ward councillors or officials at various levels of government had changed since the database was last used in 2009 to notify I&APs of the Record of Decision (RoD) for the previous EIA. Any new information was updated on the database.
A number of entries on the database only had telephone contact details and a phone call was therefore made to these I&APs to try and get their full contact details. Where these I&APs could be contacted the information was updated on the database and where the phone numbers were no longer valid and the I&APs could not be contacted, they were entered as uncontactable on the database.
A list of directly impacted landowners who were impacted by any of the alternative alignments being considered at the start of the Scoping Phase, following the site visit and options analysis workshop, was also provided by TCTA.
This database was incomplete and NMA identified all outstanding landowners through on-site investigations and networking with other landowners and stakeholders in the study area and elsewhere.
5.2 Division of the pipeline route into sections
The overall pipeline route from Spring Grove Dam to the discharge point on the Mpofana River was divided into 5 sections to facilitate a more detailed and definitive analysis of the various alternatives under consideration in the Scoping Phase. These 5 sections are:
Section A from Spring Grove Dam east for approximately 1.1km to the boundary between Portions 98 and 96 of farm Springvale 2170; Section B from the boundary between Portions 98 and 96 of Farm Springvale 2170 to the boundary between Portions 161 and 7 of farm Springvale 2170; Section C from the end of section 2 along the existing Mearns pipeline servitude to the second location for the break pressure tank in Gowrie Village; Section D is from the break pressure tank location to the end of the Gowrie Golf course boundary;
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Section E runs from the Gowrie Golf Course boundary to the discharge point at the Mpofana River.
These five sections were based on the various route alternatives available, the existing cadastral boundaries, the presence or absence of servitude rights, technical considerations and areas of common interest to the directly impacted stakeholders. By dividing the route in this way it was hoped to optimise engagement with I&APs who would be affected differently and have different issues of concern in each of the five route sections.
5.3 Presentation on public participation to Spring Grove Dam EMC
A presentation on the proposed public participation process was given to the Environmental Monitoring Committee (EMC) for the Spring Grove Dam which contains representation from inter alia the Rosetta Ratepayers Association, Nottingham Road Landowners Association, Nottingham Road Home Owners Association, Mziki Home Owners Association, Vaale Kop Residents Association, Mooi River Farmers Association, Irrigation Board and the Dam Basin Community as well as the client, various authorities, environmental organisations, and consultants for the dam construction.
The members of the EMC gave their support in terms of the public participation process and the focus group meetings to be held with directly impacted landowners for each section of the route. Representatives of the community organisations on the EMC made suggestions about the dates and times and recommended suitable venues for the meetings.
5.4 Notification of directly impacted landowners
All directly impacted landowners who were potentially impacted by any of the alternative alignments being considered at the start of the Scoping Phase were notified in writing about the EIA and invited to attend one of the focus group meetings for directly impacted landowners.
These focus group meetings were arranged as early as possible in the Scoping Phase to present the project and the different alternatives under consideration as well as to distribute copies of the Background Information Document (BID). These meetings were arranged in conjunction with the community-based organisations represented on the Spring Grove Dam EMC and landowners were notified either by their representatives on the EMC, through hand delivered letters of invitation, by email and through telephone calls. These focus group meetings were held at:
Rosetta Community Hall 19 May 2012 (section A) Nottingham Road Landowners Association Hall 19 May 2012 (section B) Nottingham Road Landowners Association Hall 19 May 2012 (section C) Gowrie Golf Club 20 March (section D) Nottingham Road Hotel 19 March 2012 (section E)
For minutes of these meetings please refer to Appendix C-7.
5.5 Notification of I&APs about the EIA
5.5.1 Background Information Document (BID)
A Background Information Document (BID) was prepared containing background information on the project, the project proponent, the Environmental Assessment Practitioner (EAP) and the proposed Scoping and EIA process to be followed (for copies of the BID please refer to Appendix C-1).
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5.5.2 Comments and Registration Form
A comments and registration form was prepared inviting I&APs to submit any issues, concerns or inputs they might have with regard to the proposed project. The comments and registration form also provided space for I&APs to register for the project or update their contact details should these have changed since the last correspondence was sent out. A comments and registration form was distributed at the focus group meetings during the Scoping Phase as well as at the public meetings and public open day during the public review period for the DSR. This ensured that all issues and concerns could be raised and put on the table for inclusion in the Final Scoping Report (Appendix C- 8). All Comments regarding the Draft Scoping Report are included in the comments and responses trail (Appendix C-10).
5.5.3 Written Notices A letter of notification was distributed to all I&APs on the Register of I&APs by email or post indicating that the TCTA has applied for Environmental Authorisation to the Department of Environmental Affairs (DEA) to implement the Water Transfer System for the Mooi-Mgeni Transfer Scheme Phase 2 (MMTS-2) on behalf of the Department of Water Affairs (DWA). The letter contained details of the proposed project, the project proponent, the EAP and the proposed public participation process. The letter also stated that the proposed project would be subject to a Scoping and EIA process. The letter was sent with a copy of the BID, a map of the project area and the comments and registration form during the week commencing 19 March 2012 (for copies of the letter please refer to Appendix C-2).
5.5.4 Advertisements
Advertisements were placed in two regional and two local newspapers to announce the project and the EIA. The adverts were placed in the Witness (19 March 2012), Isolezwe (19 March 2012), the Meander Chronicle (19 March 2012) and the Etscourt and Midlands News (23 March 2012) (for copies of these adverts please refer to Appendix C). The adverts provided details of the nature and location of the proposed project, the application for environmental authorisation and indicated that the proposed project would be subject to a Scoping and EIA process. The advert also announced the availability of the BID and gave details of the public participation practitioner and how I&APs could submit comments on the application.
5.5.5 Site notices
Site notices containing the same information as the advertisements were put up in 12 public locations in Rosetta, Nottingham Road and Zinzani Village in both English and Zulu (for copies of these site notices and photographs showing where they were placed please refer to Appendix C).
5.6 Registration of Interested and Affected Parties
Following the focus group meetings and the notification of commencement of the EIA, the register of I&APs grew to 592 I&APs due to people registering as a result of the advertisements, site notices or being informed by other I&APs (for a list of I&APs on the current Register of I&APs please refer to Appendix C-3). The number of I&APs on the I&AP Register following the Draft Scoping Report (DSR) Comment Period stands at 761.
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5.7 Notification of availability of the Draft Scoping Report
A letter of notification was distributed to all registered I&APs on 23 April 2012 indicating that the DSR was available for public review. The letter (appendix C-9) provided information on the availability of the DSR, the 40-day comment period from 25 April to 6 June 2012, and where hardcopies and electronic copies were available for review. The letter also served as an invitation to the Public Open Day (POD) and Public Meetings to be held on 9 and 10 May 2012 to present the contents and key findings of the DSR.
5.7.1 Sites where DSR was placed
Hardcopies of the DSR were made available at the following venues: Rosetta Post Office Nottingham Road Landowners Association Gowrie Golf Club Balgowan Post Office
An electronic copy of the DSR was made available on the following websites: www.cesnet.co.za www.springgrovedam.co.za
5.8 Public Open Day (POD) and Public Meeting
All registered I&APs were invited to attend the POD which included a formal presentation. This meeting was held on 10 May 2012 at the Nottingham Road Landowners Association, Farmers Hall. The POD ran from 15h00 until 17h30. Information on the project was on display and project team members were available to discuss the route options and other issues with I&APs. The formal Public Meeting took place from 17h30 until 19h30. This allowed the project team to present the content and key findings of the DSR and provided a formal opportunity for I&APs to ask questions and raise any issues or concerns.
For minutes of this meeting please refer to Appendix C-11.
5.8.1 Community Meeting
The Zinzani community was notified through their Community Development Committee to attend a Community Meeting on 9 May 2012 at the Zinzani Community Hall. The meeting ran from 18h00 until 20h00 and members of the project team presented information on the project as well as the content and key findings of the DSR. A question and answer session was also held to provide members of the community an opportunity to ask questions and raise their concerns regarding the project, particularly the proposed alignment next to Zinzani Village.
For minutes of this meeting please refer to Appendix C-11.
5.9 Comments and Responses Report
A Comments and Responses Report, which is a summary of all the written comments made by I&APs, as well as comments made by I&APs in meetings forms part of the Public Participation Process, was prepared and included in the DSR (as Appendix C9) for review and comment. This contained all issues raised during the focus group meetings with directly impacted landowners and written comments during the Scoping Phase following the announcement of the EIA and the release of the BID. The issues and comments were categorised into similar issues, and included the name and affiliation of the commentator as well as the date the comment was received and the form in which it was made.
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A Comments and Responses Report was also compiled for the DSR Comment Period and contained issues raised during the public meetings and written submissions made at the Public Open Day or sent to the public participation consultant by post, fax or email. This Comments and Responses Report will be included in the FSR for submission to the environmental authorities.
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6. ISSUES IDENTIFIED DURING THE SCOPING PHASE
According to regulation 28 (1) of the EIA regulations (2010), A scoping report must include – 1(g) a description of the environmental issues and potential impacts, including cumulative impacts that have been identified
In line with the above-mentioned legislative requirement, this chapter provides a summary of the issues and concerns identified during the Scoping Phase prior to the preparation of the Draft Scoping Report (DSR), as well as after the public review period of the DSR.
6.1 Impacts that may result from the Construction phase
Issue 1: Impacts on geology and topography
The construction of the Water Transfer System will require excavations, which in turn will impact on the topography of the area. Depending on the geology of the proposed routes some blasting may be required, which may then impact on the geology of the area.
Issue 2: Removal of topsoil
The construction of the Water Transfer System will require clearing of vegetation which will result in exposed soil surfaces. This will increase the possibility of soil erosion during run-off producing rainfall events, especially from steep slopes. This may be of considerable concern in areas adjacent to wetlands and/or drainage areas.
Issue 3: Surface- and groundwater pollution
Various substances may result in the pollution of surface- and groundwater sources. Construction activities may lead to sediment being deposited into wetlands and/or drainage areas. Pollution may occur from poor vehicle maintenance and improper storage of hazardous materials such as fuel and other hydrocarbons.
Issue 4: Flora
During the construction phase there may be impacts on natural vegetation, including destruction of or damage to indigenous and riparian vegetation, the removal of intact communities, species of special concern and/or trees protected in terms of the Forest Act, and introduction of alien species.
Issue 5: Fauna
Impacts on fauna may primarily be due to habitat disturbance and/or restriction of migration corridors. In particular, the impacts on breeding pairs of blue and wattle crane.
Issue 6: Wetlands
During the construction phase there may be impacts on wetlands in terms of vegetation clearing (intact communities, species of special concern, etc.) and pollution (such as sediment, solid waste and hydrocarbons). All wetlands are protected in terms of the National Water Act and should be avoided where possible.
Issue 7: Traffic Impacts
During the construction phase heavy construction vehicles will be utilising the existing road network. This may result in impeding traffic flow and damage to the existing road infrastructure.
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Issue 8: Access
It is possible that access to properties may be restricted or impeded during the construction of the Water Transfer System. In terms of businesses this may have financial implications. It is also possible that access to the existing servitude may be impeded, which may affect maintenance to the existing pipeline.
Issue 9: Health and safety to immediate communities
Health and safety aspects will mostly relate to activities defined under the Occupational Health and Safety Act. However, risks to communities are possible, such as injuries to children from construction activities. Of particular concern is the danger to small children posed by a deep trench left open.
Issue 10: Air Quality
Impacts on air quality will primarily be as a result of increased dust levels associated with the excavation, vegetation clearing, grading and other construction activities that produce fugitive dust.
Issue 11: Noise
It is anticipated that there will be an increase in noise levels during the construction phase of the development, which will be associated with the operation of construction vehicles and equipment.
Issue 12: Home Security and other disruptions
Influx of workers into the area could increase incidence of theft. Furthermore, contractors and their workers need to treat the landowners and their properties with respect, and there is a need to educate them on this.
Issue 13: Pollution from solid waste
It is anticipated that the proposed development will produce solid waste in the form of excavated soil and vegetation and general waste such as litter during the construction phase. If workers are not provided toilets or toilets within close proximity to the work area, they will urinate and defecate in bushes with resultant health implications.
Issue 14: Agriculture
There may be temporary loss of crops and grazing during construction along the servitude and small areas may be lost permanently after rehabilitation.
Issue 15: Visual Impacts
The change in land use and construction activities may result in visual impacts.
Issue 16: Impacts on archaeological, paleontological and historical sites
It is possible that sites of archaeological, paleontological and/or cultural significance are present on or near the proposed development site.
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Issue 17: Social Amenities
It is possible that one or more of the proposed routes assessed will have to cross certain amenities such as the existing Gowrie golf course and impact on the settling ponds next to Zinzani village. Disruption to the Golf Course during the construction contract period was anticipated, resulting in the irrigation and electrical systems being affected making it difficult to maintain the Golf Course over that period.
Issue 18: Disruption during construction
Of particular concern amongst landowners is the possible damage caused during construction, including the breaking of fences, leaving farm gates open, crossing streams and disruptions to services (water, power, sewers, and telecommunication) and other nuisance factors. Site meetings should be arranged between landowners and contractors before and while the trenches are dug and the pipe laid.
Issue 19: Damage to existing Gardens
Gowrie village residents have established gardens over the existing pipeline servitude, and recognise that maintenance activities would be required from time to time. The residents have requested that the new pipeline be located within the remaining approximately 8 m of servitude to the south of their boundary line. This however, has been found to be too technically challenging. The new pipeline is located closer than 8 m from the existing pipeline over the affected area in an attempt to mitigate the impact of the new pipeline and of construction on the gardens.
6.2 Impacts that may result from the Operational Phase
Issue 1: Access
Access to the servitude for maintenance purposes could impact on property owners.
Issue2: Visual intrusion and landscape quality
It is possible that infrastructure such as air and scour valve structures and the break pressure tank could be visually intrusive.
Issue3: Loss of developable land and future private property developments
It is possible that the registration of a 20 m wide servitude on private properties may result in the loss of developable land. However, this is unlikely since there is a building restriction (i.e. no building zone) of 20 m from the cadastral boundary of most smallholding properties. For example, the area between Spring Grove 2169 and the R103 includes smallholdings that will develop in time. The pipeline through this area will impact on this opportunity.
Issue 4: Impacts on the Mpofana River
The increased discharge from the proposed pipeline will result in an increase in flow in the Mpofana River. This may result in changes in the ecological functioning of the system.
Issue 5: Loss of wind breaks and resultant increase in winds
Along some of the property boundaries are lines of trees planted many years ago to protect the properties from prevailing winds. If these are cleared the result would be an increase in wind, noise and dust levels.
Issue 6: Impact on land and property values
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The economic impacts due to a reduction in property values arising from servitude restrictions requires assessment to determine the impact on I&APS. There is a perception that the loss in value to property would be high. Plans by landowners to develop small agricultural industries and mixed use development (e.g. cottages, farm stall, animal farms etc.) could be compromised. During the public participation process landowners raised the concern that the payment of compensation for servitude rights would not adequately compensate for these losses.
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