Regulation 31 Amendment Report And Environmental Management Programme
for Listed Activities and Amendment Associated with the Sweet Sensation Sand Mine, Free State Province
SUBMITTED FOR ENVIRONMENTAL AUTHORISATIONS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998) (NEMA) AND THE NATIONAL ENVIRONMENTAL MANAGEMENT WASTE ACT, 2008 (ACT NO. 59 OF 2008) (NEM:WA) IN RESPECT OF LISTED ACTIVITIES THAT HAVE BEEN TRIGGERED BY APPLICATIONS IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (ACT NO. 28 OF 2002) (MPRDA) (AS AMENDED).
Name of Applicant: Sweet Sensations Vaal Sand (Pty) Ltd
Tel no: 071 640 6388
Fax no: -
Remainder of the farm De Pont 228 S171 (near Vaal Eden) Vaal Eden Postal Address: Ngwathe Free State Province
Remainder of the farm De Pont 228 S171 (near Vaal Eden) Vaal Eden Physical Address: Ngwathe Free State Province
File Reference Number SAMRAD: DMRE Ref. No. FS30/5/1/2/2/10018 EM
This document has been prepared by Digby Wells Environmental.
Report Type: Regulation 31 Amendment and EMPr
Project Name: Sweet Sensation Sand Mine, Free State Province
Project Code: SWS6801
Name Responsibility Signature Date
February 2021 Modiegi Monaledi Report Compiler Updated May 2021
Claire Report Reviewer February 2021 Wannenburgh
Kelly Tucker Senior Reviewer February 2021
Mia Smith OpsCo Reviewer February 2021
This report is provided solely for the purposes set out in it and may not, in whole or in part, be used for any other purpose without Digby Wells Environmental prior written consent.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
IMPORTANT NOTICE
In terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002 as amended), the Minister must grant a prospecting or mining right if among others the mining “will not result in unacceptable pollution, ecological degradation or damage to the environment”. Unless an Environmental Authorisation can be granted following the evaluation of an Environmental Impact Assessment and an Environmental Management Programme report in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), it cannot be concluded that the said activities will not result in unacceptable pollution, ecological degradation or damage to the environment. In terms of section 16(3)(b) of the EIA Regulations, 2014, any report submitted as part of an application must be prepared in a format that may be determined by the Competent Authority and in terms of section 17 (1) (c) the competent Authority must check whether the application has taken into account any minimum requirements applicable or instructions or guidance provided by the competent authority to the submission of applications. It is therefore an instruction that the prescribed reports required in respect of applications for an environmental authorisation for listed activities triggered by an application for a right or a permit are submitted in the exact format of, and provide all the information required in terms of, this template. Furthermore, please be advised that failure to submit the information required in the format provided in this template will be regarded as a failure to meet the requirements of the Regulation and will lead to the Environmental Authorisation being refused. It is furthermore an instruction that the Environmental Assessment Practitioner must process and interpret his/her research and analysis and use the findings thereof to compile the information required herein. (Unprocessed supporting information may be attached as appendices). The EAP must ensure that the information required is placed correctly in the relevant sections of the Report, in the order, and under the provided headings as set out below, and ensure that the report is not cluttered with un-interpreted information and that it unambiguously represents the interpretation of the applicant.
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OBJECTIVE OF THE REGULATION 31 AMENDMENT PROCESS
The objective of the Regulation 31 Amendment process is to, through a consultative process─
● determine the policy and legislative context within which the proposed activity is located and how the activity complies with and responds to the policy and legislative context;
● identify the alternatives (including the No-go alternative) considered, including the activity, location, and technology alternatives;
● describe the need and desirability of the proposed alternatives,
● through the undertaking of an impact and risk assessment process, inclusive of cumulative impacts, which focused on determining the geographical, physical, biological, social, economic, heritage , and cultural sensitivity of the sites and locations within sites and the risk of impact of the proposed activity and technology alternatives on the these aspects to determine:
● the nature, significance, consequence, extent, duration, and probability of the impacts occurring to; and
● the degree to which these impacts— o can be reversed; o may cause irreplaceable loss of resources; and o can be managed, avoided or mitigated;
● through a ranking of the site sensitivities and possible impacts the activity and technology alternatives will impose on the sites and location identified through the life of the activity to—
● identify and motivate a preferred site, activity and technology alternative;
● identify suitable measures to manage, avoid or mitigate identified impacts; and
● identify residual risks that need to be managed and monitored.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
EXECUTIVE SUMMARY
Introduction Sweet Sensation Vaal Sands (Pty) Ltd (Sweet Sensation) has an approved Mining Right (DMRE Ref. No. FS30/5/1/2/2/10018 MR) and Environmental Management Programme (EMPr) (DMRE Ref. No. FS30/5/1/2/2/10018 EM) in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) (MPRDA) and National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA). The Mining Right and EMPr was approved on 11 October 2016 and allows Sweet Sensation to undertake sand mining on the Remaining Extent (RE) of the farm De Pont No. 228, situated in the Free State Province. The Mining Right Area (MRA) amounts to 101.2877 ha, although only 95 ha is being mined currently. Sweet Sensation commenced with sand mining activities in 2017. The Mining Right will expire on 30 March 2026. Digby Wells Environmental (hereafter Digby Wells) was contracted by Sweet Sensation to submit an application for an amendment of the approved EMPr in order to include screening into the mining process, which was previously not assessed or included in the EMPr, aimed at improving efficiency and to maximise the saleable product. The application for amendment was submitted on 28 May 2020 to the Department of Mineral Resources and Energy (DMRE) in accordance with Regulation 29(a) of the Environmental Impact Assessment (EIA) Regulations, 2014 (GN R 982 of 4 December 2014 as amended) (the EIA Regulations, 2014). A number of objections were subsequently received from the various Interested and Affected Parties (I&APs). After receiving these objections, the DMRE requested that a Regulation 31 Amendment Process is followed, which would require that additional specialist assessments be undertaken and a Regulation 31 Amendment Report be compiled. This Project therefore serves to apply for the inclusion of the screening process into the EMPr in accordance with a Regulation 31 Amendment Process. The specialist studies advised by the DMRE to be conducted as part of this process and assessed the impacts associated with the inclusion of the screening process are:
● Air Quality Assessment;
● Fauna and Flora Assessment; and
● Noise Assessment.
The remaining specialist studies were conducted to address the concerns that were raised by the I&APs during the Regulation 29 Amendment Process and include:
● Heritage Site Management Plan and Chance Find Procedure;
● Traffic Assessment;
● Third party review of Closure Cost Assessment compiled by Dorean Environmental Services in 2020; and
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
● Rehabilitation Assessment.
It should be noted that this Project only focuses on the proposed screening process. Sweet Sensation EMPr approved on 11 October 2016 will remain in place and applicable to the entire mining operation and mining process. Therefore, this EMPr will serve as an addendum to the EMPr approved on 11 October 2016 for Sweet Sensation.
Project Applicant The details of the Project applicant are included in the table below.
Company name: Sweet Sensations Vaal Sand (Pty) Ltd
Contact person: Graham Rogers
Remainder of the farm De Pont 228 S171 (near Vaal Eden) Vaal Eden Physical address: Ngwathe Free State Province
Telephone: 071 640 6388
Cell phone: 071 640 6388
Email: [email protected]
Project Background The Sweet Sensation Project area is situated near the settlement of Vaal Oewer, approximately 35 km northeast of the town of Parys within the Ngwathe Local Municipality, in the Fezile Dabi District Municipality of the Free State Province. Sweet Sensation is an operational sand mine, which during the sand excavation process, some of the sand layers and clay were mixed together and this mixing reduced the usability of the end product. The mixed sand and clay were placed back into the mined areas for rehabilitation purposes, however; it is Sweet Sensation’s intention to re-mine the area to extract the sand which was previously unsuitable for sale. To improve the efficiency of the sand mining process and to maximise extraction of the saleable product, a product screening step has been proposed. Sweet Sensation intends to include the screening process as an additional step into their mining process. Sweet Sensation extracts sand by means of the following mining process:
● Demarcation of the area to be mined;
● Stripping of vegetation and topsoil which is then stockpiled separately to be utilised during rehabilitation;
● Earthmoving equipment (i.e. loaders and excavators) are utilised to remove the sand and load it onto the awaiting client's trucks;
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
● No more than one strip is opened at a given time and the depth of mining is no deeper than 10 m; and
● Once the sand is extracted the disturbed areas are sloped, the topsoil replaced and then monitored to ensure that vegetation regrowth is successful.
The use of the screening machine will not disturb any additional areas and will be placed on top of areas which will or have already been disturbed by the sand mining process. No additional areas will be impacted by the inclusion of the screening process. Therefore, the footprint of the mine will not be altered.
Purpose of this Report The overarching objectives of this Regulation 31 Amendment Report are to:
● Provide an updated mine infrastructure layout and description of the amended Project components;
● Identify and assess the potential impacts and risks associated with the inclusion of the screening process into the mining process; and
● Provide recommendations on the mitigation measures and action plans proposed based on the inclusion of the screening process into the mining process.
The draft Regulation 31 Amendment Report was made available to the public for review and comments over a legislative 30-day comment period, which were then addressed and incorporated into this Final Regulation 31 Amendment Report to be submitted to the DMRE for consideration. The 30 day comment period was from 4 March 2021 to 12 April 2021.
Environmental Consultants The details of the independent Environmental Assessment Practitioner (EAP) are provided in the table below.
Company name: Digby Wells and Associates (South Africa) (Pty) Ltd
Contact person: Claire Wannenburgh
EAPASA 2019/1013 Registration No.
Physical address: Digby Wells House, 48 Grosvenor Road, Bryanston, Johannesburg, 2191
Telephone: 011 789 9495
Email: [email protected]
Approach and Methodology for the Public Participation Process A Public Participation Process (PPP) as per the EIA Regulations, 2014 (as amended), promulgated under the NEMA, has been initiated. The PPP is designed to provide I&APs with
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an opportunity to evaluate the proposed Project and to provide their comments, concerns or questions regarding the proposed Project. The PPP for the proposed Project has and will follow these steps:
● Stakeholder database was updated to ensure I&APs' details are correct and to identify any I&APs surrounding the larger area;
● A letter and Background Information Document (BID) detailing the proposed Project and availability of the Regulation 31 Amendment Report was sent to all registered I&APs on 03 March 2021 via email;
● An advertisement was placed in a local newspaper notifying I&APs of the proposed Project and application process, as well as inviting registration of I&APs and comments on the proposed Project. The advert was placed in the Star and the Parys Gazette on 04 March 2021 and again in the Star on 06 March 2021;
● Site notices were placed at and directly around the proposed site to notify stakeholders in the area of the proposed Project;
● Due to COVID-19 Regulations and associated restrictions, the Regulation 31 Amendment Report was released for public review in electronic format only;
● The Regulation 31 Amendment Report was placed on the Digby Wells website and could be accessed via our data-free service for the prescribed 30-day comment period (04 March to 12 April 2021);
● All comments received during the amendment process were captured in a Comments and Responses Report (CRR);
● The Draft Regulation 31 Amendment Report was updated to a final version of the Report and submitted to the DMRE for review and consideration on completion of the 30-day commenting period. The report was submitted 4 June 2021; and
● Once the competent authority provides a decision about the proposed Project, a letter will be distributed to registered I&APs. The letter will contain the competent authority’s decision and relevant details of the appeal procedure.
Environmental Impact Summary The Regulation 31 Amendment Report, the associated specialist studies and the PPP were undertaken and completed in line with the legislative requirements discussed in Section 10 (Part A) of this report. A quantitative impact rating methodology was applied to determine the significance of the expected impacts pre-mitigation and post-mitigation. Table A provides a summary of the impacts expected during the Operational and Decommissioning Phases of the Project. This report lists and assesses all the potential impacts, together with the associated mitigation measures.
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Table A: Summary of the Impacts Associated with the Proposed New Activities
Rating Rating Phase Activity Aspect Impacts (Pre- (Post Mitigation) Mitigation)
Disturbance to Screening of fauna and flora due Minor Negligible Operational sand, moving to noise and (negative) - (negative) - of sand to Fauna screening 60 21 stockpiling and machinery use. areas and Flora transporting of Disturbance to Minor Negligible Operational sand off-site. fauna and flora due (negative) - (negative) - to dust pollution. 40 21
Tipping, Screening, Dust generation Negligible Negligible Air Operational Stockpiling, and poor ambient (negative) - (negative) - Quality and Material air quality. 72 36 handling.
Use of the Low Low Operational screening Noise Noise nuisance. (negative) - (negative) - machine. 24 24
Major Negligible Rehabilitation Air Poor ambient air Decommissioning (negative) - (negative) - of the MRA. Quality quality. 20 15
Conclusions and Recommendations
The specialist studies that were undertaken during the amendment process aimed to identify and weigh anticipated impacts and risks associated with the inclusion of the screening process into Sweet Sensations’ current mining process. The findings of the impact assessments have shown that the activities will have minor to negligible negative impacts on the receiving environment. Floral (Boophone disticha and Hypoxix hemeracallidae) and Faunal (African Clawless Otter and Chestnut-banded Plover) Species of Conservation Concern (SCC) were identified within the Project area. Habitat loss and loss of SCC are the primal impacts on the fauna and flora within the Project area. The implementation of strict mitigation measures is of considerable importance, specifically from a biodiversity (fauna and flora) perspective. The addition of the screening process was predicted to have negligible impacts on the ambient air quality. In addition, the inclusion of the screening process will slightly raise the noise levels at the closest potential noise-sensitive receptors. The overall calculated severity of the noise impact during the operational phase is minor (low) negative.
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The Traffic Study has also indicated that the proposed amendment to mining processes is expected to have a negligible impact on the Project road (SS171). Based on the findings of the assessment, the proposed Project does not present any fatal flaws in terms of negative impacts to the environment. Nonetheless, adequate mitigation measures have been included into the EMPr to further reduce the significance of the identified negative impacts. Monitoring plans have also been provided to ensure that adverse impacts are recognised, and continuous improvements are developed and monitored throughout the lifespan of the Project. Based on the assessment of the impacts associated with the addition of a screening process, it is recommended that the proposed amendment of the authorisation and EMPr for the Project should be authorised, provided that the mitigation measures proposed herein are applied diligently.
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TABLE OF CONTENTS
Part A: Scope of Assessment and Regulation 31 Amendment Report ...... 1
Introduction ...... 2 Item 3: Contact details ...... 3 2.1 Item 3(a)(i): Details of EAP ...... 3 2.2 Item 3(a)(ii): Expertise of the EAP ...... 4 Item 3(b): Description of the Property ...... 5 Item 3(c): Locality Map ...... 5 Item 3(d) of Appendix 3: Description of the Scope of the Proposed Overall Activity . 8 5.1 Item 3(d)(i): Listed and Specified Activities ...... 8 5.2 Item 3(d)(ii): Description of the Activities to be Undertaken ...... 11 Item 3(e): Policy and Legislative Context ...... 16 Item 3(f): Need and Desirability of the Proposed Activities ...... 19 Item 3(g): Motivation for the Overall Preferred Site, Activities and Technology Alternative ...... 20 Item 3(h): Full Description of the Process Followed to Reach the Proposed Preferred Alternatives within the Site ...... 20 9.1 Item 3(h)(i): Details of the Development Footprint Alternatives Considered .... 20 Item 3(i): Details of the Public Participation Process Followed ...... 22 10.1 Announcement Phase ...... 23 10.2 Regulation 31 Amendment Phase ...... 24 10.3 Decision Making Phase ...... 26 10.4 Summary of Issues Raised by I&APs ...... 26 10.5 Specialist Assessments Informed by Regulation 29 Amendment Project ...... 122 Item 3 (j): The Environmental Attributes Associated with the Alternatives ...... 136 11.1 Regional Climate ...... 136 11.2 Topography and Slope ...... 139 11.3 Regional Geology ...... 142 11.4 Soil, Land Use and Land Capability ...... 144 11.5 Flora ...... 151 11.6 Fauna ...... 156
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11.7 Air quality ...... 164 11.8 Noise ...... 170 11.9 Heritage ...... 181 11.10 Traffic ...... 182 11.11 Social ...... 185 Item 3(k): Impacts and Risks Identified including the Nature, Significance, Consequence, Extent, Duration and Probability of the Impacts, including the Degree to which these Impacts Occur ...... 186 12.1 Potential Impacts on Fauna and Flora ...... 186 12.2 Potential Impacts on Air Quality ...... 190 12.3 Potential Impacts on Noise ...... 193 Cumulative Impacts ...... 194 13.1 Fauna and Flora ...... 194 13.2 Air Quality ...... 195 Item 3(l): Methodology used in Determining and Ranking the Nature, Significance, Consequence, Extent, Duration and Probability of Potential Environmental Impacts and Risks ...... 195 14.1 General Impact Assessment Methodology...... 196 14.2 Noise Impact Assessment Methodology ...... 200 14.3 The Positive and Negative Impacts that the Proposed Activity (in terms of the initial site layout) and Alternatives will have on the Environment and the Community that may be Affected ...... 204 14.4 The Possible Mitigation Measures that could be Applied and the Level of Risk ...... 205 14.5 Motivation where no Alternative Sites were Considered ...... 207 14.6 Statement Motivating the Alternative Development Location within the Overall Site ...... 207 Item 3(m): Full Description of the Process Undertaken to Identify, Assess and Rank the Impacts and Risks the Activity will Impose on the Preferred Site (In respect of the final site layout plan) Through the Life of the Activity ...... 207 Item 3(n): Assessment of each Identified Potentially Significant Impact and Risk 208 Item 3(o): Summary of Specialist Reports ...... 212 Item 3(p): Environmental Impact Statement ...... 217
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18.1 Item 3(p)(i): Summary of the Key Findings of the Environmental Impact Assessment ...... 217 18.2 Item 3(p)(ii): Final Site Map ...... 218 18.3 Item 3(p)(iii): Summary of the Positive and Negative Implications and Risks of the Proposed Activity and Identified Alternatives ...... 218 Item 3(q): Proposed Impact Management Objectives and the Impact Management Outcomes for Inclusion in the EMPR ...... 218 Item 3(r): Final Proposed Alternatives ...... 219 Item 3(s): Aspects for Inclusion as Conditions of Authorisation ...... 219 Item 3(t): Description of any Assumptions, Uncertainties & Gaps in Knowledge .. 219 Item 3(u): Reasoned Opinion as to Whether the Proposed Activity should or should not be Authorised ...... 222 23.1 Item 3(u)(i): Reasons why the Activity should be Authorised or Not ...... 222 23.2 Item 3(u)(ii): Conditions that must be Included in the Authorisation ...... 222 Item 3(v): Period for which the Environmental Authorisation is Required ...... 223 Item 3(w): Undertaking ...... 223 Item 3(x): Financial Provision ...... 223 Item 3(y): Deviations from the Approved Scoping Report and Plan of Study ...... 225 27.1 Item 3(y)(i): Deviations from the Methodology used in Determining the Significance of Potential Environmental Impacts and Risks ...... 225 27.2 Item 3(y)(ii): Motivation for the Deviation ...... 225 Item 3(z): Specific Information Required by the Competent Authority ...... 225 28.1 Item 3(z)(i): Impact on the Socio-economic Conditions of any Directly Affected Person ...... 225 28.2 Item 3(z)(ii): Impact on any National Estate Referred to in Section 3(2) of the National Heritage Resources Act ...... 225 Other Matters Required in Terms of Sections 24(4)(a) and (b) of the Act ...... 226 Part B: Environmental Management Programme Report ...... 227
Item 1(a): Details of the EAP ...... 228 Item 1(b): Description of the Aspects of the Activity ...... 228 Item 1(c): Composite Map ...... 228 Item 1(d): Description of Impact Management Objectives Including Management Statements ...... 230
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4.1 Item 1(d)(i): Determination of Closure Objectives ...... 230 4.2 Item 1(d)(vii): Volumes and Rate of Water Use Required for the Operation .. 230 4.3 Item 1(d)(viii): Has a Water Use Licence has been Applied for ...... 231 Item 1(d)(ix): Impacts to be Mitigated in their Respective Phases ...... 232 Item 1(e): Impact Management Outcomes...... 237 Item 1(f): Financial Provision ...... 239 7.1 Determination of the Amount of Financial Provision ...... 239 Item 1(g): Monitoring Compliance with and Performance Assessment ...... 242 8.1 Monitoring of Impact Management Actions ...... 242 8.2 Monitoring and Reporting Frequency ...... 243 8.3 Responsible Persons ...... 244 8.4 Time Period for Implementing Impact Management Actions ...... 244 8.5 Mechanism for Monitoring Compliance ...... 244 Item 1(h): Indicate the Frequency of the Submission of the Performance Assessment / Environmental Audit Report...... 246 Item 1(i): Environmental Awareness Plan ...... 246 10.1 Manner in which the Applicant intends to Inform his or her Employees of any Environmental Risk which may Result from their Work ...... 246 10.2 Manner in which Risks will be Dealt with in Order to Avoid Pollution or the Degradation of the Environment ...... 246 Item 1(j): Specific Information Required by the Competent Authority ...... 248 Item 2: Undertaking ...... 248 Reference List ...... 249
LIST OF FIGURES
Figure 4-1: Regional Setting ...... 6 Figure 4-2: Local Setting ...... 7 Figure 5-1: Infrastructure Layout and Mine Plan ...... 10 Figure 5-2: Example of the Proposed Mobile Inclined Screen ...... 12 Figure 5-3: Sweet Sensation’s Current Mining Process ...... 12 Figure 5-4: Sweet Sensation’s Proposed Mining Process ...... 13
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Figure 5-5: Proposed Areas for Screening and Life of Mine ...... 15 Figure 10-1: Soil Sampling Locations ...... 130 Figure 11-1: Average Temperature and Humidity ...... 137 Figure 11-2: Rainfall Data ...... 138 Figure 11-3: Surface Wind Rose ...... 139 Figure 11-4: Regional Topography ...... 140 Figure 11-5: Regional Slope...... 141 Figure 11-6: Regional Geology ...... 143 Figure 11-7: Land Types ...... 145 Figure 11-8: Land Use ...... 147 Figure 11-9: Land Capability ...... 148 Figure 11-10: Regional Vegetation ...... 153 Figure 11-11: Free State Biodiversity Sector Plan for the Project Area (2015) ...... 154 Figure 11-12: Left: Hypoxis hemeracallidae and Right: Boophone disticha ...... 155 Figure 11-13: Left: Common River Frog tadpole. Middle and Right: Nile Monitor tracks. ... 160 Figure 11-14: Sensitivity Map of the Project Area ...... 163 Figure 11-15: Project Boundary Showing Surrounding Receptors and Air Quality Monitoring Sites ...... 165 Figure 11-16: Sweet Sensation Dustfall Measurements for 2019 ...... 167 Figure 11-17: Sweet Sensation Dustfall Measurements for 2020 ...... 168 Figure 11-18: Systematic of the AQ-Mesh ...... 169 Figure 11-19: Ambient PM10 Levels in the MRA ...... 170
Figure 11-20: Ambient PM2.5 Levels in the MRA ...... 170 Figure 11-21: Project Area and Potential Noise-sensitive Receptors Close to Mine ...... 172 Figure 11-22: Localities where Ambient Sound Levels were Measured ...... 174 Figure 13-1: Comparison of Background and Modelled Dustfall Rates ...... 195 Figure 3-1: Composite Map ...... 229
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LIST OF TABLES
Table 2-1: Contact Details of the Project Applicant ...... 3 Table 2-2: Contact Details of the EAP ...... 4 Table 3-1: Property Details ...... 5 Table 5-1: Proposed Activities to be Undertaken for the Proposed Project ...... 9 Table 5-2: Proposed Project Activities ...... 14 Table 6-1: Policy and Legislative Context...... 16 Table 10-1: Public Participation Activities ...... 25 Table 10-2: Summary of Issues Raised During the Regulation 29 Amendment Process ..... 27 Table 10-3: Comments and Responses Received During the Regulation 29 Amendment Phase ...... 28 Table 10-4: Comments and Responses Received During the Regulation 31 Amendment Phase ...... 63 Table 10-5: Vegetation Species List of the Mined Area ...... 124 Table 10-6: Vegetation Species List of the Un-mined/Control Area ...... 125 Table 10-7: Alien Invasive Plants Species List ...... 126 Table 10-8: Soil Infiltration Tests ...... 127 Table 10-9: Post-mining Land Capability ...... 131 Table 10-10: Summary of Review Findings ...... 134 Table 11-1: Specialist Reports and Associated Appendices ...... 136 Table 11-2: Climate Statistics ...... 137 Table 11-3: Land Type and Dominant Soil Forms ...... 144 Table 11-4: Land Capability Classification of the Sweet Sensation Project Area ...... 146 Table 11-5: Soil Fertility Guidelines ...... 149 Table 11-6: Soil Physio-chemical Properties ...... 150 Table 11-7: Characteristic Plant Species of the Identified Vegetation Types (Mucina & Rutherford, 2012) ...... 151 Table 11-8: Mammal Species Recorded During the Infield Assessment...... 156 Table 11-9: Red Data Mammal Species Potentially Occurring on site ...... 157 Table 11-10: Avifauna Species Recorded on site ...... 157 Table 11-11: Red Data Avifauna Potentially Occurring on site ...... 159
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Table 11-12: Red Data Reptile Species Potentially Occurring on site ...... 159 Table 11-13: Invertebrate Species Recorded ...... 161 Table 11-14: Noises/ Sounds Heard during Site Visits at DWSSLTSL01 ...... 175 Table 11-15: Sound Levels Considering Various Sound Level Descriptors at DWSSLTSL01 ...... 176 Table 11-16: Noises/ Sounds Heard during Site Visits at DWSSLTSL02 ...... 177 Table 11-17: Sound Level Descriptors as Measured at DWSSLTSL02 ...... 177 Table 11-18: Noises/ Sounds Heard during Site Visits at DWSSLTSL03 ...... 178 Table 11-19: Sound Levels Considering Various Sound Level Descriptors at DWSSLTSL03 ...... 179 Table 11-20: Noises/ Sounds Heard during Site Visits at DWSSLTSL04 ...... 180 Table 11-21: Sound Levels Considering Various Sound Level Descriptors at DWSSLTSL04 ...... 180 Table 11-22: Traffic Counts ...... 183 Table 11-23: Traffic for HDM-4 Analysis (2020) ...... 183 Table 11-24: Truck Traffic and Cubic Meters Transported ...... 183 Table 11-25: Analysis of Demographic Profile of Fezile Dabi District Municipality ...... 185 Table 12-1: Interactions and Impacts of Activity – Fauna and Flora ...... 187 Table 12-2: Disturbance to Fauna and Flora due to Noise and Screening Machinery Use 187 Table 12-3: Impacts on Fauna and Flora due to Stockpiling of Screened Sand...... 188 Table 12-4: Disturbance to Fauna and Flora due to Dust Pollution...... 189 Table 12-5: Interactions and Impacts of Activity – Air Quality ...... 191 Table 12-6: Significance Ratings for Tipping, Screening, Stockpiling, and Material handling ...... 191 Table 12-7: Interactions and Impacts of Activity ...... 192 Table 12-8: Significance Ratings for Rehabilitation of the MRA ...... 192 Table 12-9: Impact Assessment: Existing Scenario with addition of Equipment ...... 193 Table 14-1: Impact Assessment Parameter Ratings ...... 197 Table 14-2: Probability/ Consequence Matrix ...... 198 Table 14-3: Significance Rating Description ...... 199 Table 14-4: Impact Assessment Criteria – Magnitude ...... 201 Table 14-5: Impact Assessment Criteria – Duration ...... 202
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Table 14-6: Impact Assessment Criteria – Spatial extent ...... 202 Table 14-7: Impact Assessment Criteria – Probability ...... 202 Table 14-8: Impact Assessment Criteria – Ranking Scales ...... 203 Table 14-9: Impact Assessment Criteria – Significance ...... 204 Table 14-10: Proposed Mitigation Measures ...... 205 Table 16-1: Assessment of each Identified New Impact as per each New Activity ...... 208 Table 17-1: Specialist Studies Undertaken for the Sweet Sensation Project ...... 213 Table 17-2: Summary of Rehabilitation Recommendations ...... 215 Table 26-1: DMR Master Rates Table for Financial Provision 2014 to 2024 ...... 224 Table 1-1: Contact Details of the EAP ...... 228 Table 5-1: Impacts to be Mitigated in their Respective Phases ...... 232 Table 5-2: Additional Mitigation Measures ...... 235 Table 6-1: Impact Management Outcomes ...... 237 Table 7-1: Calculation of the Quantum ...... 241 Table 8-1: Recommended Monitoring Plan ...... 242 Table 8-2: Monitoring Compliance with and Performance Assessment Against the Environmental Management Programme ...... 243 Table 8-3: Monitoring and Management of Environmental Impacts ...... 245 Table 10-1: Unplanned Events, Risks and their Management Measures...... 247
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LIST OF APPENDICES
Appendix A: EAP Qualifications and CV Appendix B: Plans Appendix C: Public Participation Material Appendix D: Fauna and Flora Assessment Appendix E: Air Quality Assessment Appendix F: Noise Assessment Appendix G: Heritage Site Management Plan and Chance Find Procedure; Appendix H: Traffic Assessment Appendix I: Rehabilitation Audit Appendix J: Third party review of Closure Cost Assessment Appendix K: DMRE Letter Dated 10/07/2020
LIST OF PLANS
Plan 1: Regional Setting Plan 2: Local Setting Plan 3: Land Tenure Plan 4: Infrastructure Layout Plan 5: LoM Map Plan 6: Landcover Map Plan 7: Sensitivity Map of the Project Area Plan 8: Project Boundary Showing Surrounding Receptors and Monitoring Sites Plan 9: Composite Map
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
LIST OF ACRONYMS AND ABBREVIATIONS
AIPs Alien Invasive Plant Species
AQIA Air Quality Impact Assessment
ARC Agricultural Research Council
ASTM American Standard Test Method
BGG Burial Grounds and Graves
BID Background Information Document
CARA The Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)
CBA Critical Biodiversity Area
CCA Closure Cost Assessment
CEC Cation Exchange Capacity
CFP Chance Finds Procedure
CRR Comments and Response Report
DEFF Department of Environment, Forestry and Fisheries
Digby Wells Digby Wells Environmental
DMRE Department of Mineral Resources and Energy
EA Environmental Authorisation
EAP Environmental Assessment Practitioner
ECA Environmental Conservation Act, 1989 (Act No. 73 Of 1989)
EcSA Ecological Support Area
Environmental Impact Assessment (EIA) Regulations, 2014 (GN R 982 of 4 EIA December 2014 as amended)
EMP Environmental Management Plan
EMPr Environmental Management Programme
EN Endangered
ESA Early Stone Age
FSECB Free State Environmental Conservation Bill
FSNCO Free State Nature Conservation Ordinance (Ordinance 8 of 1969)
FSPNCR Free State Provincial Noise Control Regulations (PN 24 of 1998)
GLC Ground Level Concentrations
Ha Hectares
HIA Heritage Impact Assessment
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HRAs Heritage Resources Authorities
I&APS Interested and Affected Parties
ISCW Institute for Soil, Climate and Water
IUCN International Union for the Conservation of Nature
LC Least Concern
LoM Life of Mine
LSA Later Stone Age
LV Light Vehicle
Mamsl Metres Above Mean Sea Level
MAP Mean Annual Precipitation
MAR Mean Annual Runoff
MAT Mean Annual Temperature
Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of MPRDA 2002)
MRA Mining Right Application
MSA Middle Stone Age
Mya million years ago
NAAQS National Ambient Air Quality Standards
NEMA National Environmental Management Act, 1998 (Act No. 107 of 1998)
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of NEM: AQA 2004)
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of NEM:BA 2004)
NEM:WA National Environmental Management: Waste Act, 2008
National Environmental Management Protected Areas Act, 2003 (Act No. 57 NEM: PAA of 2003)
NGOs Non-Governmental Organisations
NHRA National Heritage Resources Act, 1999 (Act No. 25 of 1999)
NSRs Noise-sensitive Receptors
NT Near Threatened
NWA National Water Act, 1998 (Act No. 36 of 1998)
PA Protected Area
PM10 Particulate Matter less than 10 microns in diameter
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
PM2.5 Particulate Matter with Aerodynamic Diameter less than 2.5 Micron
PHRA Provincial Heritage Resources Authority
PPP Public Participation Process
PRECIS Pretoria Computerised Information System
QDS Quarter Degree Squares
RE Remaining Extent
SAHRA South African Heritage Resources Agency
SANS South African National Standards
SAPS South African Police Services
SCC Species of Conservation Concern
SLM Sound Level Meters
SMS Short Message Service
SR Significance Rating
Sweet Sensation Sweet Sensation Vaal Sands (Pty) Ltd
TIA Traffic Impact Assessment
TSP Total Suspended Particles
USEPA United States Environmental Protection Agency
Vu Vulnerable
WML Waste Management Licence
WUL Water Use Licence
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Part A: Scope of Assessment and Regulation 31 Amendment Report
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Introduction Sweet Sensation Vaal Sands (Pty) Ltd (Sweet Sensation) has an approved Mining Right (DMRE Ref. No. FS30/5/1/2/2/10018 MR) and Environmental Management Programme (EMPr) (DMRE Ref. No. FS30/5/1/2/2/10018 EM), in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) (MPRDA) and National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA). The Mining Right and EMPr was approved on 11 October 2016 and allows Sweet Sensation to undertake sand mining on the Remaining Extent (RE) of the farm De Pont No. 228, situated in the Free State Province. The Mining Right Area (MRA) amounts to 101.2877 ha, although only 95 ha is being mined currently. Sweet Sensation commenced with sand mining activities in 2017. The Mining Right will expire on 30 March 2026. Digby Wells Environmental (Digby Wells) was contracted by Sweet Sensation to apply for an amendment of the approved EMPr in order to include screening activities into the mining process, which was previously not assessed or included in the EMPr, aimed at improving efficiency and to maximise the saleable product. The application for amendment was submitted on 28 May 2020 to the Department of Mineral Resources and Energy (DMRE) in accordance with Regulation 29(a) of the Environmental Impact Assessment (EIA) Regulations, 2014 (GN R 982 of 4 December 2014 as amended) (the EIA Regulations, 2014). A notification letter was distributed to all Interested and Affected Parties (I&APs) informing stakeholders of the amendment application. Several objections were subsequently received from the various I&APs. These objectives were forwarded to the DMRE for consideration by Digby Wells on 15 June 2020. The DMRE reviewed the application and the various objections received and notified Digby Wells that further specialist studies would be required to determine the impact the screening process would have on the environment and that a Regulation 31 Amendment Process be undertaken. This project therefore serves to apply for the inclusion of the screening process into the EMPr in accordance with a Regulation 31 Amendment Process. In support of the process, required specialist studies, as identified by the DMRE (DMRE Response Letter Dated 10/07/2020) were conducted. Additionally, specialist studies have also been conducted based on the comments raised by I&APs during the attempted Regulation 29 Amendment Process. This report constitutes the Final Regulation 31 Amendment Report which is submitted to DMRE for appraisal in terms of the Environmental Authorisation application as per the EIA Regulations, 2014 (as amended). It should be noted that this Project only focuses on the proposed screening process. Sweet Sensation EMPr approved on 11 October 2016 will remain in place and applicable to the entire mining operation and mining process. Therefore, this EMPr will serve as an addendum to the EMPr approved on 11 October 2016 for Sweet Sensation.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Item 3: Contact details The project applicant’s details are set out in the table below. Table 2-1: Contact Details of the Project Applicant
Name of Applicant: Sweet Sensations Vaal Sand (Pty) Ltd
Contact person: Graham Rogers
Remainder of the farm De Pont 228 S171 (near Vaal Eden) Vaal Eden Physical address: Ngwathe Free State Province
Remainder of the farm De Pont 228 S171 (near Vaal Eden) Vaal Eden Postal address: Ngwathe Free State Province
Postal code: 9585 Cell phone: 071 640 6388
Telephone: 071 640 6388 Fax: -
Email: [email protected]
2.1 Item 3(a)(i): Details of EAP Digby Wells and Associates (South Africa) (Pty) Ltd (Digby Wells) has been appointed by Sweet Sensation as the independent Environmental Assessment Practitioner (EAP) to conduct the required environmental regulatory process including associated specialist studies and the required Public Participation Process (PPP) for the project. Please refer to Table 2-2 below for the contact details of the EAP.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Table 2-2: Contact Details of the EAP
Name of EAP: Claire Wannenburgh
Professional EAPASA Registration No. 2019/1013 affiliation/registration:
Contact person: Claire Wannenburgh (if different from EAP)
Company: Digby Wells Environmental
Turnberry Office Park, Digby Wells House 48 Grosvenor Road, Bryanston Physical address: Johannesburg 2191
Postal address: Private Bag X10046, Randburg, South Africa
Postal code: 2125 Cell phone: 082 852 8482
Telephone: 011 789 9498 Fax: 011 789 9495
Email: [email protected]
2.2 Item 3(a)(ii): Expertise of the EAP
The Qualifications of the EAP Claire Wannenburgh holds the following qualifications:
● Bachelor of Science (BSc) Honours (Environmental Analysis and Management) – University of Pretoria (2013); and
● BSc (Environmental Science) – University of Pretoria (2012).
Please refer to Appendix A for the EAP’s curriculum vitae and certificates of qualification.
Summary of the EAP’s Past Experience Claire Wannenburgh is an Environmental Consultant at Digby Wells. She holds a BSc in Environmental Science (2010-2012) and has completed her BSc (Honours) in Environmental Management and Analysis (2013-2013) from the University of Pretoria where she majored in Environmental Impact Assessment, Auditing and Environmental Law. Claire is a hard-working individual, a good team player and always strives to perform to the best of her abilities. She has seven years’ experience and has managed various Performance Assessments and Water Use License Audits and has worked as an Environmental Control Officer. She has also managed high profile Environmental Impact Assessments; Basic Assessments; Water Use License and Permitting Applications; Environmental Management Programme Amendments; Green Star Environmental Management Programmes and Auditing. She was awarded Golden Key International Membership which recognises the top 15% of students per field of study in any undergraduate and post-graduate degree. Claire is also ISO14001 certified as an internal
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
lead auditor and is registered as an Environmental Assessment Practitioner (EAPASA Ref No. 2019/1013).
Item 3(b): Description of the Property The Sweet Sensation Project area is located 350 m from the Vaal River, under the jurisdiction of the Ngwathe Local Municipality, which is located in the Fezile Dabi District Municipality, Free State Province. Table 3-1 provides a summary of the location of the Project. Sakha Indlu Development and Construction Pty (Ltd) owns the property on which Sweet Sensation currently undertakes sand mining. The Mining Right boundary is located on the boundary of the Free State, Gauteng and North West Province. Residential communities are located nearby and on the opposite side of the Vaal River. The nearest community is Vaal Eden, Vaal Oewer and Lindequesdrif. The site is located approximately 20 km north-east of the town of Parys and 23 km north-west from the town of Sasolburg. Table 3-1: Property Details
Sweet Sensation Sand Mine is currently mining sand on the RE of the farm Farm Name: De Pont No. 228.
Application Area The MRA amounts to 101.2877 ha. (Ha):
The Project is located within the Ngwathe Local Municipality and falls under Magisterial District: the Parys Magisterial District.
Distance and The Sweet Sensation Project is located approximately 20 km north-east of direction from the town of Parys and 23 km north-west from the town of Sasolburg. nearest town:
21 digit Surveyor Farm Portion 21 Digit Code General Code for each farm portion: De Pont no. 228 RE/ 228 F02500000000022800000
Item 3(c): Locality Map Figure 4-1 illustrates the regional setting of the Project area (Refer to Appendix B, Plan 1). The Locality Map is shown in Figure 4-2 below and attached in Appendix B as Plan 2. The land tenure map has been included in Appendix B as Plan 3.
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Figure 4-1: Regional Setting
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Figure 4-2: Local Setting
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Item 3(d) of Appendix 3: Description of the Scope of the Proposed Overall Activity The infrastructure layout plan which has been approved as part of the previous EMPr, as shown in Figure 5-1 below, is included in Appendix B as Plan 4. The map indicates the current mining area and existing mining infrastructure. The proposed Project activities are discussed in the sections below.
5.1 Item 3(d)(i): Listed and Specified Activities No Listed Activities in terms of the EIA Regulations, 2014 (as amended) are being applied for in this application. The proposed amendment of the Sweet Sensation Sand Mine EMPr constitutes a Regulation 31 Amendment Process in terms of the EIA Regulations, 2014 (as amended) (Table 5-1).
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Table 5-1: Proposed Activities to be Undertaken for the Proposed Project
Name of Activity Waste Management Authorisation Mining (E.g. Excavations, blasting, stockpiles, Applicable Listing Notice discard dumps or dams, Loading, hauling and (Indicate whether an Aerial extent of Listed Activity Listing Notice 1 (GN R327); transport, Water supply dams and boreholes, authorisation is the activity Mark with an X where Listing Notice 2 (GN R325) accommodation, offices, ablution, stores, required in terms of (Ha or m2) applicable or affected. and Listing Notice 3 (GN workshops, processing plant, storm water the Waste R324) control, berms, roads pipelines, power lines, Management Act). conveyors, etc.) (Mark with an X)
Screening Process The screening process will include the use of a Mobile Terex 3-Screening Machine or similar equipment. The mixed sand will be loaded into the top of the machine and separated out into three separate stockpiles, depending on the sand particle sizes. Only one additional machine is proposed to be added to the existing 95 ha (total mining N/A – Regulation 31 N/A N/A infrastructure and this machine will be moved area) Amendment Process from one area to the next within the MRA, as required. The use of the machine will not disturb any additional areas and will be placed on top of areas which will or have already been disturbed by the sand mining process. No additional areas will be impacted by the inclusion of the screening process.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Figure 5-1: Infrastructure Layout and Mine Plan
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
5.2 Item 3(d)(ii): Description of the Activities to be Undertaken Sweet Sensation commenced with authorised sand mining activities in 2017. The approved EMPr permitted sand mining, but the screening process was not assessed as it was not required as part of the mining process at the time. Sweet Sensation intends to include the screening process as an additional step in their mining process. Sweet Sensation extracts sand by means of the following mining process:
● Demarcation of the area to be mined;
● Stripping of vegetation and topsoil which is then stockpiled separately to be utilised during rehabilitation;
● Earthmoving equipment (i.e. loaders and excavators) are utilised to remove the sand and load it onto the awaiting client's trucks;
● No more than one strip is opened at a given time and the depth of mining is no deeper than 10 m; and
● Once the sand is extracted the disturbed areas are sloped, the topsoil replaced and then monitored to ensure that vegetation regrowth is successful.
Screening Process Sweet Sensation is an operational sand mine and during the sand excavation process, some of the sand layers and clay were mixed and this mixing of sand and clay reduced the usability of the end product. The mixed sand and clay were placed back into the mined areas for rehabilitation purposes and subsequently covered by topsoil which was stockpiled separately, however; it is Sweet Sensation’s intention to re-mine the area to extract the sand (mixed sand) which was previously unsuitable for sale. The topsoil will remain for rehabilitation purposes. To improve the efficiency of the sand mining process and to maximise extraction of the saleable product, a product screening process has been proposed. The screening process will separate out the sand particle sizes and leave behind unwanted material (i.e. clay and pebbles). The machine commonly utilised for the screening process is called a Mobile Terex 3-Screening Machine or similar. Sand mixed with clay will be loaded into the Mobile Terex 3- Screen or similar and separated into three stockpiles, according to the following three particle sizes:
● 6 mm;
● 2.5 mm; and
● 1 mm.
Mined sand can be utilised for roads, plaster and building sand. One Bell Finlay 674 Screening Machine or similar (example illustrated in Figure 5-2) is proposed and will be moved from one area to the next within the MRA, as required. The use of the machine will not physically disturb any additional areas, that have not already been approved as part of the Mining Right and will be placed on top of areas which will or have already been disturbed by the sand mining
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
process. No additional areas will be impacted by the inclusion of the screening process. Figure 5-3 and Figure 5-4 show Sweet Sensations current mining process and the proposed screening step, respectively. The proposed screening plan has been included in Figure 5-5 to show the areas where screening will be undertaken over the LoM (also included as Plan 5 in Appendix B).
Figure 5-2: Example of the Proposed Mobile Inclined Screen
Figure 5-3: Sweet Sensation’s Current Mining Process
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Figure 5-4: Sweet Sensation’s Proposed Mining Process1
Project Activities Table 5-2 provides a summary of activities associated with the proposed Sweet Sensation Amendment Project that are further assessed in this Regulation 31 Amendment Report.
1 NB: Not all sand will be screened, some sand (from No.4) will be loaded straight onto customer trucks (No.6). Therefore, not all sand will be loaded onto the screening plant (No. 5).
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Table 5-2: Proposed Project Activities
Phase Activity to be considered
● Tipping of sand into the screening machine; ● Screening of sand by means of the Mobile Terex 3-Screening Machine or similar; Operational Phase ● Moving of the screening machine within the areas to be mined; ● Stockpiling of the screened sand on site; and ● Transporting of the screened sand offsite.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Figure 5-5: Proposed Areas for Screening and Life of Mine
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Item 3(e): Policy and Legislative Context Various policy and legislative requirements are applicable to the Regulation 31 Amendment Process as detailed in Table 6-1. Table 6-1: Policy and Legislative Context
Applicable Legislation and Guidelines used to Compile the Report Reference where Applied
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) Section 24 of the Constitution provides that everyone has the right to an environment that is not harmful to their health or well-being and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures, that – Digby Wells is undertaking a Regulation 31 Amendment Process to identify and determine the potential impacts associated with the proposed Project. Mitigation measures will aim to ensure that the potential impacts are i. Prevent pollution and ecological degradation; managed to acceptable levels to support the rights as enshrined in the Constitution. ii. Promote conservation; and iii. Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
Sweet Sensation currently holds an approved Mining Right and EA obtained in 2016. No change to the Mining Mineral and Petroleum Resource Development Act, 2002 (Act No. 28 of 2002) (MPRDA) Right boundary already approved in 2016 is proposed. The screening machine will be utilised within the approved The MPRDA sets out the requirements relating to the development of the nation’s mineral and petroleum resources. It MRA. also aims to ensure the promotion of economic and social development through exploration and mining related activities. The screening process proposed by Sweet Sensation does not trigger Listed Activities in accordance with the EIA The MPRDA ensures that environmental management principles as set out in the NEMA are applied to all mining Regulations, 2014 (as amended). Thus, an amendment application is being undertaken to include the screening operations. The MPRDA serves as a guideline for interpretation, administration and implementation of environmental process as part of the mining process. As such, a Regulation 31 Amendment Application in terms of the EIA requirements and ensures that mineral resources are exploited in a sustainable manner to serve both present and future Regulations, 2014 (as amended) will be submitted to the DMRE for consideration. generations. This report serves to provide an indication of the additional potential impacts and to mitigate these potential impacts to an acceptable level.
National Environmental Management Act, 1998 (Act No. 107 of 1998) and EIA Regulations, 2014 NEMA, as amended, was set in place in accordance with Section 24 of the Constitution. Certain environmental The screening process proposed by Sweet Sensation does not trigger Listed Activities in accordance with the principles under NEMA have to be adhered to, to inform decision making for issues affecting the environment. EIA regulations, 2014 (as amended). Thus, an amendment application is being undertaken to include the Section 24 (1)(a) and (b) of NEMA state that: screening process as part of the mining process. As such, a Regulation 31 Amendment Application in terms of The potential impact on the environment and socio-economic conditions of activities that require authorisation or the EIA Regulations, 2014 (as amended) will be submitted to the DMRE for consideration. permission by law and which may significantly affect the environment, must be considered, investigated and assessed The approved EMPr is guiding the current operational phase of the Sweet Sensation Mine. Furthermore, through prior to their implementation and reported to the organ of state charged by law with authorizing, permitting, or otherwise this amendment process, the EMPr will be updated with an addendum with further mitigation, management and allowing the implementation of an activity. monitoring actions specific to the inclusion of the screening process to ensure compliance with the various pieces The EIA Regulations, 2014 (GN R982 of 04 December 2014, as amended) were published together with the Listing of environmental legislation that feed into the principles of the NEMA. Notices. The regulations were subsequently amended.
Sweet Sensation appointed G&A Heritage to complete a Heritage Impact Assessment (HIA) as part of the EIA Process in 2016 in support of the original EA applications. G&A Heritage submitted the HIA report to the Heritage National Heritage Resources Act, 1999 (Act No. 25 of 1999) (NHRA) Resources Authorities (HRAs), including the SAHRA who subsequently approved the report. The NHRA is the overarching legislation that protects and regulates the management of heritage resources in South Given the scope of the Project and the recent submission of the HIA report, SAHRA has approved the current Africa. The Act requires that Heritage Resources Agencies, in this case the South African Heritage Resources Agency HIA for this application. SAHRA do, however, require the conditions attached to the approval be implemented. (SAHRA) and Provincial Heritage Resources Authority (PHRA), be notified as early as possible of any developments Therefore, a Heritage Site Management Plan and Chance Finds Procedure as requested by the SAHRA was that may exceed certain minimum thresholds. compiled to provide a procedure to be undertaken in the event that heritage resources are identified during the sand mining process as well as list the heritage resources currently onsite. The Heritage Site Management Plan and Chance Finds Procedure is appended to this report as Appendix G.
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Applicable Legislation and Guidelines used to Compile the Report Reference where Applied
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (NEM:AQA) The prevailing legislation in the Republic of South Africa with regards to the Air Quality field is the NEM:AQA. According As part of the Regulation 31 Amendment Process, an Air Quality Impact Assessment (AQIA) has been compiled to the Act, the DEA, the provincial environmental departments and local authorities (district and local municipalities) are to determine the potential impacts from the inclusion of a screening process into the approved mining process. separately and jointly responsible for the implementation and enforcement of various aspects of NEM:AQA. The required mitigation measures to ensure compliance with the NEM:AQA and NAAQs have been included in A fundamental aspect of the new approach to air quality regulation, as reflected in the NEM:AQA is the establishment of the AQIA report included in Appendix E and Part B Section 5 and 6 of this amendment report. National Ambient Air Quality Standards (NAAQS). These standards provide the goals for air quality management plans Sweet Sensation are undertaking continuous monitoring to determine the Project’s dust generation compared to and also provide the benchmark by which the effectiveness of these management plans is measured. The NEM:AQA the NAAQS and hence confirming the adequacy of the mitigation and management measures undertaken. provides for the identification of priority pollutants and the setting of ambient standards with respect to these pollutants.
National Dust Control Regulation 2013 (GN R827 of 2013) As part of the Regulation 31 Amendment Process, an Air Quality Impact Assessment (AQIA) has been compiled The Minister of Water and Environmental Affairs, released on 01 November 2013 the National Dust Control Regulation, to determine the potential impacts from the inclusion of a screening process into the approved mining process. in terms of Section 53, read with Section 32 of the NEM:AQA. In the published National Dust Control Regulations, 2013, The required mitigation measures to ensure compliance with the NEM:AQA and NAAQs have been included in terms like target, action, and alert thresholds were omitted. Another notable observation was the reduction of the the AQIA report included in Appendix E and Part B Section 5 and 6 of this amendment report. permissible frequency of exceedance from three to two incidences within a year. The standard adopted a more stringent Sweet Sensation are undertaking continuous monitoring to determine the Project’s dust generation compared to approach than previously and would require dedicated mitigation plans now that it is in force. the NAAQS and hence confirming the adequacy of the mitigation and management measures undertaken.
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEM:BA) The NEM: BA regulates the management and conservation of the biodiversity of South Africa within the framework provided under NEMA. This Act also regulates the protection of species and ecosystems that require national protection and also takes into account the management of alien and invasive species. This Act works in accordance to the As part of this Amendment Project, flora and fauna have been investigated to determine the current status of the framework set under NEMA. The following regulations which have been promulgated in terms of the NEM:BA are also of environment and to determine any potential ecological sensitivity to be avoided and/or mitigated through the relevance: implementation of the screening process. There are currently no applications submitted in terms of NEM:BA for the proposed Project. ● Alien and Invasive Species Lists, 2014 (GN R599 of 1 August 2014); The mitigation and management measures to be implemented as part of the proposed Amendment Project aim ● National Environmental Management: Biodiversity Act, 2004: Threatened and Protected Species to manage the impact anticipated to occur as a result of the inclusion of the screening process which has been Regulations; and included in Appendix D.
● National list of Ecosystems Threatened and in need of Protection under Section 52(1)(a) of the Biodiversity Act (GN R1002 of 9 December 2011).
Free State Nature Conservation Ordinance (Ordinance 8 of 1969) (FSNCO) Conservation in the Free State Province still operates under the Nature Conservation Ordinance (FSNCO). This ordinance provides for the conservation of fauna and flora and the hunting of animals causing damage and for matters incidental thereto. Species protected are listed under different schedules within the Ordinance Development in the form A fauna and flora study has been undertaken and appended to this report as Appendix D. of the Free State Environmental Conservation Bill (FSECB) which will aim to replace the FSNCO. In terms of the FSECB, policies for environmental conservation must further the protection of, amongst others, ecological processes and the preservation of biodiversity in the natural environment.
National Environmental Management Protected Areas Act, 2003 (Act No. 57 of 2003) (NEM: PAA) Section 50(5) of NEM: PAA states that no development may be permitted in a nature reserve or world heritage site The Project area does not traverse any protected area. without the prior written consent and approval of the management authority.
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Applicable Legislation and Guidelines used to Compile the Report Reference where Applied
The Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983) (CARA) The CARA is to provide control over the utilization of the natural agricultural resources to promote the conservation of A Soil Assessment was undertaken as part of the Rehabilitation Audit (Appendix I). The required mitigation the soil, the water sources and the vegetation and the combating of weeds and invader plants, and the matters measures are included in the Rehabilitation Audit report to provide control over the natural agricultural resources connecting therewith. CARA defines the environmental conservation regulations as the protection of land against soil to promote conservation of the soil, land use and land capability. erosion, the prevention of water logging and salinization of soils by means of suitable soil conservation works to be constructed and maintained.
Mitigation measures have been included for the potential impacts associated with the inclusion of the screening Environmental Conservation Act, 1989 (Act No. 73 of 1989) (ECA) process into the mining process due to the generation of increased noise. The mitigation measures will be in ECA makes provision for guidelines pertaining to noise control and measurements. The regulations make reference to compliance with the ECA. The proposed Amendment Project is not anticipated to exceed the SANS 10103: 2008 the use of the South African National Standards 10103:2008 (SANS) guidelines for the Measurement and Rating of limits for baseline noise measurements, thus conforming to the requirements of the ECA and noise regulations. A Environmental Noise with Respect to Land Use, Health, and Annoyance and to Speech Communication. noise assessment was undertaken to determine the impacts from the inclusion of the screening process and mitigation measures have been proposed. The Noise Study is attached in Appendix F.
Free State Provincial Noise Control Regulations (PN 24 of 1998) (FSPNCR) The control of noise in the Free State Province is legislated in the form of Noise Control Regulations, 1998 promulgated A noise study was undertaken by Enviro Acoustic Research cc and is appended to this report as Appendix F. in terms of section 25 of the ECA.
The proposed Amendment Project will not warrant a Waste Management License (WML); however, the National National Environmental Management: Waste Act, 2008 (Act No.59 of 2008) (NEM: WA) Norms and Standards for Waste Management under the Act will be duly observed. NEM:WA aims to provide regulation for waste management in order to protect health and the environment, for the All domestic waste will be removed by the Municipality while any hazardous waste generated will be removed off prevention of pollution and ecological degradation and for securing ecologically sustainable development. site by a registered hazardous waste contractor for disposal at a hazardous waste landfill site.
National Water Act, 1998 (Act No. 36 of 1998) (NWA) No Water Use License (WUL) will be applied for, for the proposed Project as no water uses as listed in NWA makes provision for water resource management, protection of the quality of water resources and recognising the Section 21 of the NWA will be triggered. need for the integrated management of all aspects of water resources to achieve sustainable use of water.
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Item 3(f): Need and Desirability of the Proposed Activities South Africa is rich in a variety of mineral resources and has thus become a world leader in mining. For years, mining has been the driving force behind South Africa’s economy and continues to make a valuable contribution to the country’s economy and people’s livelihoods. Sweet Sensation commenced sand mining activities in 2017 and are currently mining sand using a strip-mining method. No mineral processing is currently taking place on site and all mining is being undertaken in accordance with the approved EMPr. The approved EMPr permitted sand mining, but the screening process was not assessed or described as it was not required as part of the mining process at the time. During the sand mining process at Sweet Sensation, sand became mixed with clay resulting in the sand not being suitable for sale. The mixed sand and clay were placed back into the mined areas for rehabilitation purposes, however; it is Sweet Sensation’s intention to re-mine the area to extract the sand which was previously unsuitable for sale. A screening process has been proposed to sort the previously unsuitable mixed sand and clay material, where a machine will be utilised to separate out the sand from the clay. Sand is a critical component for any development activity. The increase in building, construction, and road maintenance projects in the vicinity of the Project area increases the demand for sand. The sand will be sold to be utilised for road construction, plaster and building sand; and the clay will be utilised as infill at the mine for rehabilitation purposes. Also, by permitting the screening process, there will be more sand to mine, which will prolong the mine’s activities and employment associated therewith. The supply of sand is therefore seen as a valuable economic benefit. The screening process will include the use of a Mobile Terex 3-Screening Machine or similar equipment. Only one additional machine is proposed and will be moved from one area to the next within the MRA, as required. The use of the machine will not disturb any additional areas and will be placed on top of areas which will or have already been disturbed by the sand mining process. No additional areas will be impacted by the inclusion of the screening process. The need and desirability of this amendment relates primarily to the ability to provide sand for developments taking place within the Ngwathe Local Municipality. The inclusion of this screening process will improve the efficiency of the mining process and optimise extraction of the resource, rather than leaving a portion of the resource behind. The extraction of the resource will not impact on rehabilitation practises as the topsoil which would be stripped will remain and utilised to slope and rehabilitate the area. Further impact assessment studies have been conducted to ensure the negative environmental impacts associated with the use of the screening machine are minimised.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Item 3(g): Motivation for the Overall Preferred Site, Activities and Technology Alternative Sweet Sensation holds a Mining Right over the farm De Pont No. 228. As stated above, the EMPr does not permit screening on site. Sweet Sensation is proposing to include the screening process into their current mining process in order to optimise extraction of the resource. The proposed activity falls within the Sweet Sensation’s MRA. There are no other alternatives to separate the sand particles and the screening of sand is the only means of extracting the sand from the clay. Sweet Sensation could construct a non-mobile plant for the screening of sand. The non-mobile plant would remain fixed and the sand would then be transported to the screener. This is not the preferred option as it would result in additional costs, dust and noise impacts as the soil will be double handled. The mobile screening machine is the preferred technology as it would not result in further disturbance to the environment (compared to the non-mobile screening plant). The mobile machine will also reduce the risks associated with additional traffic over the surface or a permanent footprint for a screening plant which will need to be rehabilitated at a later stage. Sand is a critical component for development and the main benefit associated with this amendment is the ability of the construction and development industry to provide employment opportunities. Section 9 below provides a detailed motivation for the preferred alternatives. The use of the machine will not disturb any additional areas thereby not triggering additional Listed Activities in terms of the EIA Regulations, 2014 (as amended), thus allowing for a Regulation 31 Amendment Process to be followed.
Item 3(h): Full Description of the Process Followed to Reach the Proposed Preferred Alternatives within the Site
9.1 Item 3(h)(i): Details of the Development Footprint Alternatives Considered A project alternative is defined as a possible course of action, in place of another, that would meet the same purpose and need (DEAT, 2004). Project alternatives serve to determine the most effective way of meeting the objectives of that or any project. This is generally done through either enhancing the benefits of an activity and/or mitigating the negative impacts and risks of an activity. According to Department of Environment, Forestry and Fisheries (DEFF) Criteria for Determining Alternatives in EIA Guideline (2004), there are various types or categories of alternatives, including:
● Activity alternative – consideration of different means to achieve the same project objective;
● Location alternative – alternative project sites in the same geographic area;
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
● Site layout alternative – consideration of the different options to place project infrastructure;
● Process/design alternative – alternative process/design/equipment;
● Routing alternative – consideration of different routes for linear infrastructure; and
● No-go alternative – the proposed Project/activity does not proceed, implying that the current situation or status quo remains.
Activity Alternative This Amendment Report serves primarily to address the inclusion of the screening process into the approved EMPr. Two alternatives have been identified to screen the sand as listed and discussed below:
● Alternative Option 1 - Mobile screening plant
● A mobile screening plant will allow sweet sensation to screen the sand as the mining activities progresses. The machine will move to the area where mining is actively occurring. The sand will be screened in this area and then transported directly off site. The mobile screening plant is a more feasible and practical option as it reduces costs, makes the mine more profitable and will reduce the possibility of double handling of soil which could have an additional impact on noise and dust generation. This is considered to be the preferred option.
● Alternative Option 2 - Non-mobile screening plant
● The non-mobile screening plant will mean that one fixed area is set up to screen the sand. The plant will not move with the mining area and will be in a fixed position. The sand would be transported to the screener from wherever sand mining is currently occurring within the MRA. This is not the preferred option as it would result in additional transport costs as the sand will need to be double handled and it is expected that there will be additional dust and noise impacts associated with this option. The soil will have to be transported from the mining area to the plant where it will be stockpiled. Additional noisy machinery will then need to be utilised to load the sand into the plant. Once the sand is screened, it will then be transported off site. This is not considered a feasible or practical option for Sweet Sensation.
Location Alternative It is recognised that in some cases, an alternative location cannot be considered due to the nature of the project. Since mining and extraction can only occur at the location of a mineral resource, it is not feasible to consider alternative locations. In the case of this Project, the proposed Amendment falls within the approved MRA. No alternative location has been identified in this Amendment Report as it would not meet the overall objective of the Project,
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
which is to include the screening process in the approved EMPr within the existing and approved MRA.
No-Go Option The No-Go alternative considers the option of the Project not proceeding and maintaining the status quo. Sweet Sensation is a sand mining company that supplies their sand product directly to the public. If the application for Amendment is not granted, the company will continue to mine sand at the operation under the existing Mining Right, where the sand has not become contaminated with clay. The full extraction of the resource will, however; not be realised as the sand mixed with clay will not be sold as product but will be utilised for rehabilitation purposes. There is also a possibility that other mining companies may apply to re-mine the area in future to extract the resource that was left behind, resulting in potential additional impacts to the environment. As some of the sand resource cannot be mined, it may reduce Sweet Sensation’s LoM, which would result in early closure of the mine and associated negative impacts on employment and the local economy. The no-go alternative was not deemed to be the chosen alternative.
Item 3(i): Details of the Public Participation Process Followed The PPP is undertaken in terms of the regulatory requirements set out in Regulation 44 and 45 of the EIA Regulations, 2014 (as amended) and as required in terms of Chapter 5 of NEMA. The PPP enables stakeholders to partake and submit comments, suggestions or issues of concern. As part of the Regulation 29 Amendment Process that was attempted in 2020, some of the issues raised during the PPP were in relation to rehabilitation, traffic, fauna and flora, noise, and dust impacts. As such, a Traffic Assessment, Heritage Site Management Plan and Chance Find Procedure, third party review of Closure Cost Assessment compiled by Dorean Environmental Services (in 2020) and rehabilitation assessment were conducted to address the concerns that were raised (refer to Section 0 below). An air quality assessment, noise study and fauna and flora assessment were undertaken to assess the impacts associated with the inclusion of the screening process. For this Regulation 31 Amendment Process, the PPP has been divided into three phases as follows:
● Announcement Phase;
● Regulation 31 Amendment Phase; and
● Decision Making Phase.
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10.1 Announcement Phase All I&APs were notified about the proposed Project, as well as their opportunity to provide comments on the draft Regulation 31 Amendment Report. The announcement phase included the activities detailed below.
Identification of Stakeholders Sweet Sensation has an existing database of I&APs associated with their previous regulatory processes. The existing database for the Sweet Sensation Mine was used and updated to ensure that all potentially relevant I&APs will be informed. Stakeholders were encouraged to register as I&APs throughout the PPP and the stakeholder database was updated throughout the PPP with new stakeholders. Stakeholders for the proposed Amendment Project were grouped into the following categories: ● Government: National, Provincial, District and Local authorities;
● Landowners: Directly affected and surrounding landowners;
● Land occupiers: Directly affected and surrounding land occupiers;
● Communities: Surrounding communities;
● Non-Governmental Organisations (NGOs): Environmental and social organisations;
● Agriculture: Associations or organisations focused on agricultural activities; and
● Business: Small and medium enterprises and formal organisations.
A stakeholder database has been compiled which was updated throughout the PPP. Proof of the various Public Participation materials used to announce the Project have been included as Appendix C.
Public Participation Media Considering the legislative requirements and good practice the following methods have been implemented to make project information available to stakeholders:
● Background Information Document (BID): A BID was emailed to stakeholders. The BID included a project description, information about the required legislation, the competent authorities, and details of the appointed EAP. The BID was also accompanied by a registration and comment form for stakeholders to register as I&APs or to submit comments. Information regarding the availability of the Regulation 31 Amendment Report was also provided. The BID was distributed to stakeholders via email on 3 March 2021;
● Comment and Registration Forms were distributed simultaneously with the BID for stakeholders to use for formal registration as I&APs or to submit initial comments on the project proposal,
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● A Notification Letter: was emailed on 3 March 2021 to all stakeholders and registered I&APs on the database to inform them of the public review and availability of the Regulation 31 Report Amendment for public comment;
● Newspaper advertisements: were placed in the Star and the Parys Gazette in English on 04 March 2021 and readvertised again in the Star on 06 March 2021. The advertisement included a brief project description, information about the required legislation, the competent authorities, details of the appointed EAP, and a registration process for I&APs;
● Site notices: were erected at various places on 3 March 2021 which contained a brief project description, information about the required legislation, the competent authorities and details of the EAP as well as registration process for I&APs; and
● SMSs: were sent to all stakeholders and registered I&APs on 03 March 2021 in support of the announcement of availability of the Regulation 31 Amendment Report for public comment.
10.2 Regulation 31 Amendment Phase The draft Regulation 31 Amendment Report was made available for a public comment period of 30 days from 04 March 2021 to 12 April 2021 on the Digby Wells website www.digbywells.com (under Public Documents). Due to COVID-19 Regulations and associate restrictions, the draft Regulation 31 Amendment Report was only released electronically, no hard copies of the report were made available to stakeholders. To access the report (free of charge/ data-free); the following link http://view.datafree.co/PublicDocuments/ was provided.
Stakeholder Meetings As part of planning for face-to-face stakeholder consultations, Digby Wells submitted a Stakeholder Engagement Plan (SEP) as per the Covid-19 Regulations (GN R 650 of 5 June 2020) of the DEFF, which was submitted to the DMRE prior to the commencement of the PPP. The SEP was submitted on 29 January 2021 and is appended in Appendix C. Four Focus Group Meetings (FGMs) were planned, one with the Ward 7 Councillor of Ngwathe Local Municipality (NLM) which was held on 18 March 2021 and three with registered I&APs, held on 10 April 2021. During the I&APs FGMs, only one FGM was held on 10 April 2021 instead of three as most I&APs attended the first meeting which was held from 8:00 – 13:00. The purpose of these meetings was to disseminate detailed information about the proposed Project, address comments already raised by the community representatives where possible, and to obtain further comments. A formal presentation was conducted by the EAP and specialists, during which maps showing the Project area and extent were made available. Comments raised by the stakeholders were captured in the Comments and Response Report (CRR). The comments received during the Draft Regulation 31 Amendment Phase were
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addressed by the Project team. Responses have been included in the CRR and are appended in Appendix C.
Summary of Public Participation Activities Undertaken to Date Table 10-1 provides a summary of the PPP activities undertaken to date, referencing material is included in Appendix C. Table 10-1: Public Participation Activities
Activity Details Reference in Report
Stakeholder database representing various sectors Identification of of society, including directly affected and adjacent Appendix C: stakeholders landowners, in and around the Project area was Stakeholder database maintained.
Distribution of A Notification Letter and BID with registration and Notification Letter comment form was emailed to stakeholders on 03 Appendix C: BID and BID March 2021.
Placing of A newspaper advertisement was placed in the Star Appendix C: newspaper and the Parys Gazette in English on 04 March 2021 Newspaper Advert advertisement and again in the Star on 06 March 2021.
Site notices were placed at the boundary of the Project area and other public places on 03 March Appendix C: Site Erecting site notices 2021. A site notice report was compiled indicating Notice Report the locations of where the site notices were placed.
Announcement of availability of the Draft Regulation 31 Amendment Report was emailed to stakeholders on 03 March 2021. The Draft Regulation 31 Amendment Report was released electronically, and soft copies were available to stakeholders on the Digby Wells website (www.digbywells.com under Public Documents) and can be accessed via our Announcement of data-free service. Appendix C: Draft Regulation 31 Note: Due to COVID-19 Regulations and associated Announcement Letter Amendment Report restrictions, no documents were placed at public areas. Stakeholders were sent a data-free link where they can access the reports. http://view.datafree.co/PublicDocuments/ The 30-day commenting period was from Wednesday, 03 March 2021 to Monday, 12 April 2021.
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Activity Details Reference in Report
An initial meeting was held with the Ward 7 Councillor of Ngwathe Local Municipality (NLM) on 18 March 2021. A FGM was held with the closest community to the Appendix C: Consultation with project site. The meeting was held at the Impact Stakeholder Stakeholders Mission Training Centre on 10 April 2021. The Consultations meeting was attended by a combination of community members as well as their representatives.
The stakeholders were provided with an opportunity to comment on the Draft Regulation 31 Amendment Appendix C: Obtained comments Report. Comments, issues of concern and Comments and from stakeholders suggestions received from stakeholders have been Response Report captured in the CRR.
This Final Regulation 31 Amendment Report has been updated with all comments received from I&APs for submission to the DMRE. The Final Announcement of Regulation 31 Amendment Report was submitted to Appendix C: Final Final Regulation 31 the DMRE on 04 June 2021 and has been made Notification Letter Amendment Report available to I&APs for comment on the Digby Wells website (www.digbywells.com) under Public Documents.
10.3 Decision Making Phase This Final Regulation 31 Amendment Report (including the CRR) has been submitted to DMRE for appraisal. The DMRE, as the competent authority, will issue a decision on the Environmental Authorisation for the proposed Project. This decision will be communicated to stakeholders as prescribed under the NEMA legislation. As such, notification to stakeholders will be done by means of a letter sent via email and SMS.
10.4 Summary of Issues Raised by I&APs This application considered the Regulation 29 amendment comments, which informed the need for the Regulation 31 Amendment Process. The comments received, under the Regulation 29 amendment process, were submitted to the DMRE and are summarised in Table 10-2 below. The CRR has been compiled capturing all stakeholder comments obtained during the Regulation 29 Amendment phase (Table 10-3) and Regulation 31 Amendment phase public comment period (Table 10-4).
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Table 10-2: Summary of Issues Raised During the Regulation 29 Amendment Process
Aspect Comment raised
The following fauna and flora concerns were raised: ● Concerns were raised regarding the mines impact on fauna located Fauna and Flora; within the area; ● The mine has reduced the biodiversity in the area; and ● The noise pollution is reducing the birdlife in the area.
The following noise concerns were raised: ● The increase in noise levels will be disturbing to the residents in the area; ● The mine is operating outside their approved mining hours; Noise ● The activities at the mine will impact on the peace and quiet of the surrounding area; and ● The reverse alarm noises from heavy vehicles are annoying the receptors.
The following air quality concerns were raised: ● The air quality study that was done was not sufficient and further monitoring would be required to assess the impact the mine has on Air Quality. air quality; and ● The proposed screening process may generate increased dust which is a serious concern.
The following traffic concerns were raised: ● Trucks from the mine are having an impact on the road network; ● The road was not designed to support the truck traffic generated by the mine; Traffic ● The trucks may lead to having an impact to the health and safety of the road users; and ● The mine is not fixing the many potholes identified on the access road to the mine.
The following rehabilitation concerns were raised: ● The rehabilitation that is occurring at the mine is not sufficient and this is resulting in a visual impact to the surrounding communities; Rehabilitation and ● The concurrent rehabilitation that is required by the mine to be implemented is not occurring.
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Table 10-3: Comments and Responses Received During the Regulation 29 Amendment Phase
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Hi Please send me the documentation and adjusted EMP Thank you for your interest in the project. As per your [Environmental Management Programme]. Request for request, please see attached the application with My main concern will be additional noise and dust from the screening Scholtz Carl Community 28-May-20 Email Documentation associated supporting documents. Should you have any process. All other concerns previously noted remain. questions, please do not hesitate to contact us. Regards
Good afternoon, Thank you for the notification. You are kindly reminded that SAHRA [South African Heritage Comments were received from South African Heritage Resources Agency] does not accept hardcopies, emails or website Resources Authority (SAHRA) which requested that a Documentation links as submissions. Please submit an application on the South Ragna Chance Find Procedure and Heritage Site Management SAHRA 28-May-20 Email Submission African Heritage Resources Information System (SAHRIS). Please Redelstorff Plan be compiled. These documents were compiled and follow the step-by-step tutorial videos on the SAHRIS homepage have been submitted for consideration via the SAHRA (https://sahris.sahra.org.za) and upload all documents to the case website. file. Kind regards,
Thank you for your interest in the project. As per your Request for Hi, request, please see attached the application with Bob Community 28-May-20 SMS Documentation Kindly send me the documentation. associated supporting documents. Should you have any questions, please do not hesitate to contact us.
Thank you for your interest in the project. As per your Request for Hi, can you send me the document of the mine in Vaaloewer. Only request, please see attached the application with JL Homan Community 28-May-20 SMS Documentation 5% of the people know about this. associated supporting documents. Should you have any questions, please do not hesitate to contact us.
Thank you for your interest in the project. As per your Request for Hi, my name is Roelf Pretorius -directly across the mine. Please request, please see attached the application with Roelf Pretorius Community 28-May-20 SMS Documentation forward documentation. associated supporting documents. Should you have any questions, please do not hesitate to contact us.
Chairman: Protect Good Day, Vaal Eden Thank you for your comment. You have been added to the I refer mails below. Committee [Interested and Affected Party – I&AP] database. As per Request for Why was I not sent this documentation? Non-Executive your request, please see attached the application with Gavin Aboud 29-May-20 Email Documentation Please send it to me. Director: associated supporting documents. The [I&AP] database has Can I please have a list of your IAP’s [Interested and Affected Federation for a been included in the Public Participation Report under Parties]? Sustainable Appendix C of the Regulation 31 Amendment Report. Environment (FSE)
Objection to the Thank you for your email, your objection has been recorded This is an objection regarding to operation sweet sensation! Johann and Operation of Sweet Community 29-May-20 Email and was forwarded to the Department of Mineral Resources Thank you Carol van Wyk Sensations and Energy (DMRE).
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Thank you for your comment. Your objection has been noted and has been forwarded to the Department of Mineral GOOD DAY, Resources and Energy (DMRE). Refer to the above. Please note that this application was deemed non- As an affected party I do not support your application and indicating it substantive because the addition of a screening process as a non-substantive amendment as this equipment will directly would not change the scope of the valid environmental negatively affect all owners of houses facing the river from authorisation, nor increase the level or nature of impacts as Vaaloewer side. On your paperwork it might sound like you are Martin Struwig, the machine will be placed within the existing Mining Right Concern regarding dealing with a small area among farmland on the Free State side but Dennis Bird, Application (MRA). Environmental directly across the river on Gauteng side there are more than 400 Ken Brown, Ken Community 29-May-20 Email However, subsequent to the submission of the Regulation Impacts housing units that will have to listen to the noise that this equipment Evans & Lynne 29 Amendment Report, the DMRE requested that due to the will be making. Temlett number of complaints raised, that a Regulation 31 Currently the beeping sound of the current equipment is already Amendment Report be compiled, including the completion disturbing in our peaceful village not to mention disturbance of our of a full 30-day public review period. This has now been birdlife including the fish eagles. completed and the Final Regulation 31 Amendment Report Trust that you will consult all concerned parties in this regard. has been submitted to the DMRE on 4 June 2021. Regards All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Concern Regarding Thank you for your response, your comment has been I strongly support the concern raised by Martin Struwig. Jacques van Environmental MSD Animal Health 29-May-20 Email recorded and has been forwarded to the Department of Regards Rensburg Imapcts Mineral Resources and Energy (DMRE).
Good morning Anela. Please forward Documentation about Sweet Sensation Sand Mining. Thank you for your interest in the project. As per your Request for We live across and will object to Christine Kuhhirt Community 29-May-20 Email request please see attached the application with associated Documentation Heavy Machinery or ANY further supporting documents. Equipment to the Mine. Thank you. Regards.
Dear recipient and applicant Thank you for your comment, your objection has been Objection to the I strongly support the concerns raised against the application and do Japie Richter Community 29-May-20 Email noted and has been forwarded to the Department of Mineral Application not support it. Resources and Energy (DMRE). Kind regards
Good Day Thank you for your email and the information presented Chairman: Protect Mr Graham Trusler below. Please note that this application was deemed non- Vaal Eden Public Participation Ms Lucy Stevens substantive because the addition of a screening process Committee and Stakeholder Mr Jeffrey Leaver Gavin Aboud 29-May-20 Email would not change the scope of the valid environmental Non-Executive Database Ms Lucy Koeslag authorisation, nor increase the level or nature of impacts as Director: I refer your mail below. the machine will be placed within the existing Mining Right Federation for a I refer your letter attached. Application (MRA).
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY It is with regret that I allege that your document is full of inaccuracies Sustainable However, subsequent to the submission of the Regulation and I allege that it is not a reflection of what is currently taking place Environment (FSE) 29 Amendment Report, the Department of Mineral at Sweet Sensations. Resources and Energy (DMRE) requested that due to the I strongly put forward that this is not a Non-Substantive Amendment, number of complaints raised, that a Regulation 31 to the approved mine plan of Sweet Sensations. Just as Tja Naledi Amendment Report be compiled and submitted including had to have a Public Participation Process so must Sweet the completion of a full 30-day public review period. This Sensations. For the record there were 1 200 IAP’s [Interested and has now been completed and the Final Regulation 31 Affected Parties] registered for the Tja Naledi application. How many Amendment Report has been submitted to the DMRE on 4 IAP’s do you have registered. June 2021.Yes, the approved mine plan only makes Please note that Digby Wells Environmental has an ethical, moral provision for one front end loader. However, it should be and statutory obligation to note and investigate my allegations before noted that the mine is permitted to add additional equipment you proceed with this application. as long as the approved mining process does not change. You say in your attached letter In addition, it has been confirmed by the mine manger that Earthmoving equipment (i.e. front end loader / excavator) is utilised the mine is not mining deeper than 10 m. As confirmed by to remove the sand and load it onto the awaiting client's trucks; Sweet Sensation, they have currently mined to a depth of 3 I allege that this statement is incorrect, the approved mine plan only m. makes provision for one front end loader, I allege currently there is Yes, rehabilitation has not yet been completed adequately more than one front end loader AND there is an excavator, thus I and further measures need to be implemented to ensure allege that there is current noncompliance with the approved mine rehabilitation is successfully undertaken. Please note that a plan. noise and air quality study has been undertaken to further Then you say: investigate noise and dust impacts associated with the No more than one strip is opened at a given time and the depth of proposed amendment. mining is no deeper than 10 m; and I allege that that this is incorrect, I can see the mine from my house, All concerns raised in your comment have now been the whole area is being mined and I estimate the current depth to be addressed by the Regulation 31 Amendment Report and in the region of 14m. specialist studies undertaken in support of the application. Then you say: Once the sand is extracted the disturbed areas are sloped, the topsoil replaced and then monitored to ensure vegetation regrowth is successful I allege that this is not happening, there is no concurrent rehabilitation at all You now say that a screening plant is required. Please can I see the mitigation plans for the noise and dust. The current approved mine plan calls for dust suppression via a water cart, I allege this is not happening as I can see the mine. Then you say: An investigation was undertaken to determine the required legislative process to be followed to include the additional step in the mining method. The investigation concluded that the inclusion of screening into the mining process did not trigger any additional listing activities as contemplated in the EIA [Environmental Impact Assessment] Regulations, 2014 (Government Notice No. R. 982 of 4 December 2014 as amended by Government Notice No. R.326 of 7 April 2017) in accordance with the NEMA [National Environmental Management
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY Act, 1998 (Act No. 107 of 1998]. Therefore is it proposed that as the additional step in the mining process is considered to be unsubstantial and will not change the scope of the valid environmental authorisation, nor increase the level or nature of the impact when the impact was initially assessed a Regulation 29 Part 1a Amendment Application Process can be followed. I disagree completely, dust and noise levels will increase substantially and with residential houses next door, this needs to be fully investigated and mitigated. Then you say: A full Public Participation Process will not be required as part of the Regulation 29 Amendment Application Process as the inclusion of this mining method will not result in any adverse negative impacts on any Interested and Affected Parties (I&APs) and is not legally required in accordance with the EIA regulations, 2014 (as amended). However, I&APs have been notified of the amendment to give stakeholders the opportunity to review the Amendment Application with its associated supporting documentation and provide comment on the applications The above is not true: The noise currently from the reverse buzzers of all the alleged non- approved equipment on site is enough to drive you mad. The additional noise and dust will need to be investigated. I refer reply from Minister Creecy attached for your perusal regarding alleged non-compliance of Sweet sensations and request that you take cognisance of this fact. Please see above extract from the approved mine plan. Please advise if you have investigated compliance, From the above it is very apparent that your attached letter has certain irregularities, I implore you to investigate further and advise, Kind Regards Gavin Aboud
GOOD DAY, Thank you for your comment. Your objection has been As an affected party I do not support your application and indicating it noted and has been forwarded to the Department of Mineral as a non-substantive amendment as this equipment will directly Resources and Energy (DMRE). negatively affect all owners of houses facing the river from Please note that this application was deemed non- Vaaloewer side. On your paperwork it might sound like you are substantive because the addition of a screening process Do not support the Val De Bruyn & Outl Financial dealing with a small area among farmland on the Free State side but 29-May-20 Email would not change the scope of the valid environmental application Craig Johnson Services directly across the river on Gauteng side there are more than 400 authorisation, nor increase the level or nature of impacts as housing units that will have to listen to the noise that this equipment the machine will be placed within the existing Mining Right will be making. Area (MRA). Currently the beeping sound of the current equipment is already However, subsequent to the submission of the Regulation disturbing in our peaceful village not to mention disturbance of our 29 Amendment Report, the DMRE requested that due to the
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY birdlife including the fish eagles. number of complaints raised, that a Regulation 31 Now we all have to work from home and the persistent noise from Amendment Report be compiled, including the completion 5am of the beeping equipment drives us crazy and disturbs everyone of a full 30-day public review period. This has now been from sleeping. completed and the Final Regulation 31 Amendment Report Kind regards has been submitted to the DMRE on 4 June 2021. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Dear Stakeholder Engagement Team, As an affected and interested party, I cannot support this application, for all reasons started by other IPAs [Interested and Affected Parties], and more specifically the apparent disregard for the subsequent impact on the surrounds, with particular attention drawn to the roads in the area following the loading of sand onto client trucks as described here: Thank you for your comment. Your objection has been "● Earthmoving equipment (i.e. front end loader / excavator) is noted and has been forwarded to the Department of Mineral utilised to remove the sand and load it onto the awaiting client's Resources and Energy (DMRE). trucks;" Please note that this application was deemed non- 1. The wreck-less driving and excessive speeds in which these substantive because the addition of a screening process trucks move through 80 and 60 km/ph zones is of huge danger to the would not change the scope of the valid environmental surrounding community, which school children using the same roads authorisation, nor increase the level or nature of impacts as to access their school as just one example. Upriver the machine will be placed within the existing Mining Right 2. Furthermore the fact these trucks are simply too heavy for the Development PTY Area (MRA). Objection to the roads to bear, the river crossing bridge on Boundary Road just in LTD Allister Cousins 29-May-20 Email However, subsequent to the submission of the Regulation Application front of the Barrage linking Gauteng and Free State has been Developers and 29 Amendment Report, the DMRE requested that due to the significantly damaged due to this as just one example causing major Owners of Pont de number of complaints raised, that a Regulation 31 sagging resulting in a frightening road hazard for road users. Val Estates Amendment Report be compiled, including the completion 3. The sand blown off the trucks onto the roads and properties of a full 30-day public review period. This has now been alongside is also of huge concern. completed and the Final Regulation 31 Amendment Report 4. Due to the high speeds and nature of the mining hours, the noise has been submitted to the DMRE on 4 June 2021. of these passing trucks on a road not designed for such purpose is of grave consequence for the tourism aspect of not only our, but all All concerns raised in your comment have now been businesses in the area in this industry which is a major contributor to addressed by the Regulation 31 Amendment Report and employment for the local communities. specialist studies undertaken in support of the application. The businesses and community are without doubt negatively affected in terms of noise, safety and health. We, without proper plans to at the very least solve the above - from our perspective, cannot and do not support this and any or any further application for the commencement or continuation of mining in the area. Regards,
DIGBY WELLS ENVIRONMENTAL 32 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Thank you for your comment. Your objection has been noted and has been forwarded to the Department of Mineral Hi Resources and Energy (DMRE). Refer to the above. Please note that this application was deemed non- As an affected party I do not support your application and indicating it substantive because the addition of a screening process as a non-substantive amendment as this equipment will directly would not change the scope of the valid environmental negatively affect all owners of houses facing the river from authorisation, nor increase the level or nature of impacts as Vaaloewer side. On your paperwork it might sound like you are the machine will be placed within the existing Mining Right dealing with a small area among farmland on the Free State side but Lasrpac Complete Area (MRA). Objection to the directly across the river on Gauteng side there are more than 400 Roger Reeve Packaging Tooling 29-May-20 Email However, subsequent to the submission of the Regulation Application housing units that will have to listen to the noise that this equipment Solutions 29 Amendment Report, the DMRE requested that due to the will be making. number of complaints raised, that a Regulation 31 Currently the beeping sound of the current equipment is already Amendment Report be compiled, including the completion disturbing in our peaceful village not to mention disturbance of our of a full 30-day public review period. This has now been birdlife including the fish eagles. completed and the Final Regulation 31 Amendment Report Many thanks has been submitted to the DMRE on 4 June 2021. Kind regards All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Thank you for your email. Your objection has been recorded and has been forwarded to the Department of Mineral Resources and Energy (DMRE). Please note that the screening process will include the use of a Mobile Terex 3- Good Day, Screening Machine or similar equipment. Only one As resident of Vaaloewer and thus an affected party I do not support additional machine is proposed and will be moved from one your application, as the requested equipment will directly negatively Galary Bingo Willie de Beer area to the next within the Mining Right Area (MRA), as Objection to the affect all residents of Vaaloewer and areas around it. Gaming Tradelander, 29-May-20 Email required. The use of the machine will not disturb any Application The equipment will have a negative impact on many levels on the Entertainment Susan Classen additional areas and will be placed on top of areas which environment, wildlife, birdlife and individuals living in the area, even Community will or have already been disturbed by the sand mining the current equipment is having a negative impact already. process. No additional areas will be impacted by the Regards inclusion of the screening process. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Dear all, I agree with and support all communications above objecting to the Thank you for your comment. Your objection has been application. I stay in Oorbietjies Street quite a way downriver from recorded and have been forwarded to the Department of Objection to the Vaaloewer and experience the same issues. Mineral Resources and Energy (DMRE). Cathy Dwyer Community 29-May-20 Email Application The mine is an eyesore, and the dust and noise from the site are All concerns raised in your comment have now been unacceptable. addressed by the Regulation 31 Amendment Report and The beeping of the vehicles begins very early in the quiet time when specialist studies undertaken in support of the application. many are still trying to sleep.
DIGBY WELLS ENVIRONMENTAL 33 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY This cannot continue. Regards,
Dear recipient, Thank you for your comment. Your objection has been Objection to the Please note I support the concerns raised against the application and Johannes Van Community 29-May-20 Email recorded and have been forwarded to the Department of Application do not support it. Heerden Mineral Resources and Energy (DMRE). Regards
Thank you for your comment. Your objection has been recorded and have been forwarded to the Department of Mineral Resources and Energy (DMRE). Please note that this application is for the inclusion of the Hi guys screening process into the approved Environmental As a member of the community, I am strongly against this Tobie Venter VTEC Management Programme (EMPr). The use of the machine Objection to the application. Tobie Venter Trailers & 29-May-20 Email will not disturb any additional areas and will be placed on Application The impact on the area will be very negative for people and the Sleepwaparte top of areas which will or have already been disturbed by nature itself. the sand mining process. No additional areas will be Regards impacted by the inclusion of the screening process. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Thank you for your comment. Your objection has been noted and has been forwarded to the Department of Mineral Resources and Energy (DMRE). Please note that this application was deemed non- substantive because the addition of a screening process Good Day would not change the scope of the valid environmental As an affected party I do not support your application and indicating it authorisation, nor increase the level or nature of impacts as as a non-substantive amendment as this equipment will directly the machine will be placed within the existing Mining Right negatively affect all owners of houses facing the river from Area (MRA). Objection to the Vaaloewer side. On your paperwork it might sound like you are Paul Nicola 29-May-20 Email However, subsequent to the submission of the Regulation Application dealing with a small area among farmland on the Free state side but 29 Amendment Report, the DMRE requested that due to the directly across the river on Gauteng side there are more than 400 number of complaints raised, that a Regulation 31 housing units that will have to listen to the noise that this equipment Amendment Report be compiled, including the completion will be making. of a full 30-day public review period. This has now been completed and the Final Regulation 31 Amendment Report has been submitted to the DMRE on 4 June 2021. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
DIGBY WELLS ENVIRONMENTAL 34 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Thank you for your comment. No additional areas will be impacted by the inclusion of the screening process. The mine has been operational since 2017 and therefore as per Hi guys the noise and air quality study the impacts from the As the Commodore of Goose bay Canyon Recreation and Power inclusion of the screening process is not considered to have Concern regarding Boat Club situated in Vaaloewer, representing 210 members, I do Goose Bay Canyon a significant negative impact on the surrounding Environmental believe that the impact will be devastating for our club. Tobie Venter Recreation & 29-May-20 Email environment and people. Impacts It will destroy the peace and tranquillity in the area with a negative Power Boat Club The approved Environmental Management Programme impact on the river and all live in and around it. (EMPr) currently provides mitigation measures to ensure Regards the impact to the surface water resource is reduced. This EMPr will remain applicable to the operation of the mine regardless of whether this application is approved or not.
Dear all, Refer to the above. Zimmermann Thank you for your comment. Your objection has been Objection to the As an affected party I do not support your application and indicating it Cedric Begue Engineering (Pty) 29-May-20 Email recorded and has been forwarded to the Department of Application as a non-substantive amendment as this equipment will directly Ltd. Mineral Resources and Energy (DMRE). negatively affect all owners of houses in Vaaloewer. Kind regards,
Good day Anela OBJECTION TO: Submission of the Final Application for a Non- Substantive Amendment of the Sweet Sensation EA [Environmental Authorisation] and EMPr [Environmental Management Programme] in terms of Reg 29(1) of NEMA [National Environmental Thank you for your comment. Your objection has been Management Act, 1998 (Act No. 107 of 1998]. recorded and has been forwarded to the Department of Objection to the As a concerned resident of Vaaloewer, we would like to have the Heather Meyers Community 29-May-20 Email Mineral Resources and Energy (DMRE). Application necessary documentation relevant to the proposed heavy machinery As per your request, please see attached the application going to be used at the sand mine. with associated supporting documents. We totally object to this and would like to have our objection put on record. Can you please mail me any relevant documentation to lodge a formal complaint. Please consider this matter as urgent, thank you. Regards
Thank you for your comment. It has been recorded and has Objection to the We strongly support the concerns raised below. Jat Du Toit Community 29-May-20 Email been forwarded to the Department of Mineral Resources Application Regards and Energy (DMRE).
Good day As a member of the community I am strongly opposed to the Thank you for your comment. Your objection has been Objection to the Johann van application. Nature and community are already affected very Old Mutual 29-May-20 Email recorded and has been forwarded to the Department of Application Loggerenberg negatively. Mineral Resources and Energy (DMRE). Yours sincerely
DIGBY WELLS ENVIRONMENTAL 35 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
We strongly support the concerns raised below. Thank you for your comment. It has been recorded and will Objection to the Mrs D Potgieter Stand 131 and Stand 138 Community 29-May-20 Email be forwarded to the Department of Mineral Resources and Application Mr FJ Potgieter Regards Energy (DMRE).
Dear All, Thank you for your comment. Your objection has been Objection to the I fully support views expressed by Gavin Bound and do not support Paul Kgole PrQS Community 29-May-20 Email recorded and has been forwarded to the Department of Application the application. Mineral Resources and Energy (DMRE). Kind regards
Dear Sir/Madam As an interested and affected party, of which I could add at least 20 Thank you for your comment. Your objection has been Objection to the more such notes, we support the concerns raised against the Chris Campbell Community 29-May-20 Email recorded and has been forwarded to the Department of Application application and do not support the application. Mineral Resources and Energy (DMRE). Kind Regards Thank you for your comment. Your objection has been Good morning recorded and has been forwarded to the Department of I am registered as IAP and wish to know why I did not receive Mineral Resources and Energy (DMRE). documentation relating to this issue. Kindly send ASAP [as soon as Please note that you have been included in our stakeholder possible]. Liz van database and will continue to receive information regarding Objection to the Also I wish to put on record that I strongly object to the Amendment. Rensburg and Community 29-May-20 Email this proposed amendment. As per your request please see Application My house is situated directly opposite the mine and already the beep Lindie Janse van attached the application with associated supporting of the equipment from very early is extremely irritating and deprives Rensburg documents. me of sufficient sleep. The additional noise and dust is simply not acceptable. All concerns raised in your comment have now been Regards addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Thank you for your comment. Your objection has been noted and has been forwarded to the Department of Mineral GOOD DAY, Resources and Energy (DMRE). Refer to the above. Please note that this application was deemed non- As an affected party I do not support your application and indicating it substantive because the addition of a screening process as a non-substantive amendment as this equipment will directly would not change the scope of the valid environmental negatively affect all owners of houses facing the river from authorisation, nor increase the level or nature of impacts as Vaaloewer side. On your paperwork it might sound like you are the machine will be placed within the existing Mining Right Omega Media- dealing with a small area among farmland on the Free State side but Area (MRA). Do not support the Phillip Austin, Wave Systems directly across the river on Gauteng side there are more than 400 29-May-20 Email However, subsequent to the submission of the Regulation application Dinky Reeve (Pty) Ltd and housing units that will have to listen to the noise that this equipment 29 Amendment Report, the DMRE requested that due to the Laserpac (Pty) Ltd will be making. number of complaints raised, that a Regulation 31 Currently the beeping sound of the current equipment is already Amendment Report be compiled, including the completion disturbing in our peaceful village not to mention disturbance of our of a full 30-day public review period. This has now been birdlife including the fish eagles. completed and the Final Regulation 31 Amendment Report Trust that you will consult all concerned parties in this regard. has been submitted to the DMRE on 4 June 2021. Regards All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
DIGBY WELLS ENVIRONMENTAL 36 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Good Day. Objection to the 649 Vaaloewer Drive, Vaaloewer, we support ALL the concerns JP van Vuuren & Thank you for your email. Your comment has been Community 29-May-20 Email Application raised! Brandon Gess recorded. Regards
Objection to the Plot 42 Oorbietjies street, we support all the concerns raised. Thank you for your response on the application it has been Lidia Jacobs Community 29-May-20 Email Application Regards received and recorded.
Good Day I refer to the above. I am currently a homeowner in Vaaloewer and have been for the past 13 years. My contact details are freely available from the Vaaloewer Rate Payers Association. Your notification letter for the Final submission of the Regulation 29 Non-Substantive Amendment Application to the DMR [Department of Mineral Resources and Energy] mentions in Paragraph 1 that the Thank you for your comment. Your objection has been Mining right was approved and granted in October 2016. noted and has been forwarded to the Department of Mineral At no time was I given the opportunity of being registered as an I&AP Resources and Energy (DMRE). [Interested and Affected Party] for this prior to the approval in 2016, Please note that this application was deemed non- and question how this mining right was then approved. substantive because the addition of a screening process Paragraph 2 in the notification letter gives no detail of what the would not change the scope of the valid environmental screening process entails with regard to noise, working hours, authorisation, nor increase the level or nature of impacts as monitoring, etc the machine will be placed within the existing Mining Right I again, have not been registered as an “Interested and Affected Area (MRA). Against the Party for the Sweet Sensation Vaal Sands proposed Non- Marianne Community 29-May-20 Email However, subsequent to the submission of the Regulation Proposed Project Substantive Amendment of the EA [Environmental Authorisation] and Bilsland 29 Amendment Report, the DMRE requested that due to the EMPr [Environmental Management Programme] (Ref. No. FS number of complaints raised, that a Regulation 31 30/5/1/2/2/10018 MR) in terms of Regulation 29(1) of NEMA Amendment Report be compiled, including the completion [National Environmental Management Act, 1998 (Act No. 107 of of a full 30-day public review period. This has now been 1998].” completed and the Final Regulation 31 Amendment Report I received this information via Mr G Aboud. has been submitted to the DMRE on 4 June 2021. As an affected party I do not support your application and indicating that this ‘….additional step in the mining process is considered to be All concerns raised in your comment have now been unsubstantial and will not change the scope of the valid addressed by the Regulation 31 Amendment Report and environmental authorisation, nor increase the level or nature of the specialist studies undertaken in support of the application. impact when the impact was initially assessed….’ is inaccurate. Currently the beeping sound of the current equipment is already disturbing to me, not to mention disturbance of the birdlife. Additionally, our access roads are negatively affected by the heavy duty vehicles that are now utilising the roads, which I doubt are designed for these loads. I trust that you will reconsider the application and take my concerns into account as well as forward me the documentation to become a
DIGBY WELLS ENVIRONMENTAL 37 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY registered I&AP [Interested and Affected Party]. Regards
Good day, I have received notification from a Vaaloewer resident that the above Thank you for your comment. Your objection has been mine has submitted their Final Application for a Non-Substantive noted and has been forwarded to the Department of Mineral Amendment. No notification has been received from the mine nor Resources and Energy (DMRE). have any notifications been received by the Vaaloewer Ratepayers Please note that this application was deemed non- Association. In addition to this no notices been displayed at the substantive because the addition of a screening process Vaaloewer gate for public information. would not change the scope of the valid environmental How is it possible that this is a Final Application? authorisation, nor increase the level or nature of impacts as To my knowledge there has not been any meetings held with the the machine will be placed within the existing Mining Right community of Vaaloewer and Vaaloewer will be adversely impacted Area (MRA). Therefore, no full Public Participation Process by an increase in mining activity. including public meetings and site notice placement was Against the I live almost directly across the mine on the Gauteng side of the Vaal Diane Stevens Community 29-May-20 Email required. Proposed Project River. I suffer from asthma and one of the reasons we live in However, subsequent to the submission of the Regulation Vaaloewer is because of the clean air quality. 29 Amendment Report, the DMRE requested that due to the I strongly object to an increase in mining activity for the following number of complaints raised, that a Regulation 31 reasons, but not limited to these reasons: Amendment Report be compiled, including the completion Air quality of a full 30-day public review period. This has now been Noise pollution completed and the Final Regulation 31 Amendment Report Water pollution has been submitted to the DMRE on 4 June 2021. Loss of Flora and Fauna All concerns raised in your comment have now been Please register my interest as an interested party and ensure that I addressed by the Regulation 31 Amendment Report and am added to your data base and that all future communications are specialist studies undertaken in support of the application. sent to my email address.
Thank you for your comment. Your objection has been recorded and has been forwarded to the Department of Mineral Resources and Energy (DMRE). The reverse buzzers on all the equipment at sweet Sensations is a legal health and safety requirement. However, the noise study which was undertaken as part of Please note what these people are saying regarding the reverse the Regulation 31 Amendment Process has recommended buzzers on all the equipment at sweet Sensations. alternatives to the use of these reverse buzzers. Concerns regarding The reverse buzzers start at 5h00, despite the fact that their Protect Vaal Eden Gavin Aboud 29-May-20 Email The current operational hours are not documented in the Noise operating hours are from 8h00 to 16h00. Committee approved Environmental Management Programme (EMPr), This noise is coming from numerous vehicles on sight, despite the the Mine Works Programme (MWP) or the Social and fact that only one front end loader is approved? Labour Plan (SLP). The mine has indicated that their operating hours are from Monday – Friday 06:00 -16:30. This information was provided by Sweet Sensation. The mine is permitted to include any machinery required for the mining of sand as long as the mining process approved in their EMPr does not change.
DIGBY WELLS ENVIRONMENTAL 38 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Dear all, I agree with and support all communications above objecting to the application. I stay in Oorbietjies Street quite a way downriver from Vaaloewer, and experience the same issues. Thank you for your comment. Your objection has been Against the The mine is an eyesore, and the dust and noise from the site are Cathy Dwyer Community 29-May-20 Email recorded and has been forwarded to the Department of Proposed Project unacceptable. Mineral Resources and Energy (DMRE). The beeping of the vehicles begins very early in the quiet time when many are still trying to sleep. This cannot continue. Regards,
Thank you for your email. This is the correct medium to lodge your objection. Thank Objection to Thank you I have received it. How do we lodge our objections? Heather Meyers Community 29-May-20 Email you for your comment. Your objection has been recorded Application and has been forwarded to the Department of Mineral Resources and Energy (DMRE).
Good Day, I am a resident of Lindequesdrift and reside on the riverbank opposite the mining operations. Although I cannot see the mine from my property, I do hear the constant noise of lorries engines and the constant beeping of vehicles during the mining operations. As a Thank you for your comment. Your objection to this strong environmental supporter, I am also concerned about the effect application has been recorded and has been submitted to Do not Support the of the mining on the bird, animal, fish and plant life. Although it has Donald the Department of Mineral Resources and Energy (DMRE). Community 29-May-20 Email Application been mentioned in the application that “Once the sand is extracted Hanneman All concerns raised in your comment have now been the disturbed areas are sloped, the topsoil replaced and then addressed by the Regulation 31 Amendment Report and monitored to ensure vegetation regrowth is successful”, I have not specialist studies undertaken in support of the application. seen that when visiting Vaal Oewers, where the open stretches of sand are very visible and are starting to look like a desert scene. I therefore do not support the application. Rgds
The above refers. Thank you for your comment. Your objection has been As an affected party I do not support your application and indicate it noted and has been forwarded to the Department of Mineral as a non-substantive amendment as this equipment will directly Resources and Energy (DMRE). negatively affect all owners of houses facing the river from the Please note that this application was deemed non- Vaaloewer side. On your paperwork it might sound like you are substantive because the addition of a screening process dealing with a small area among farmland on the Free State side but would not change the scope of the valid environmental Do not Support the directly across the river on the Gauteng side there are more than 400 Dawn Schepers Community 29-May-20 Email authorisation, nor increase the level or nature of impacts as Application housing units that will have to listen to the noise that this equipment the machine will be placed within the existing Mining Right will be making. Area (MRA). Currently the beeping sound of the current equipment is already However, subsequent to the submission of the Regulation most disturbing in our peaceful village, not to mention disturbance of 29 Amendment Report, the DMRE requested that due to the our birdlife including the fish eagles. When the wind blows, the dust number of complaints raised, that a Regulation 31 from the Free State side is also most disturbing. Amendment Report be compiled, including the completion
DIGBY WELLS ENVIRONMENTAL 39 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY I have come to hear about this from other people in Vaaloewer and of a full 30-day public review period. This has now been therefore as an Interested Affected Party INSIST that you send me completed and the Final Regulation 31 Amendment Report the official notification regarding the above. has been submitted to the DMRE on 4 June 2021. I trust that you will consult with all concerned parties in this regard, All concerns raised in your comment have now been and once again I STRONGLY OBJECT TO YOUR addressed by the Regulation 31 Amendment Report and ABOVEMENTIONED APPLICATION specialist studies undertaken in support of the application.
Good morning Anela Objection to the Thank you for your comment. Your objection has been My name is Geoff Stevens, and I am objecting to heavy equipment Use of Heavy Geoff Stevens Community 29-May-20 SMS recorded and has been forwarded to the Department of coming to the sweet sensation mine. My house is on the river and Equipment Mineral Resources and Energy (DMRE). the noise is not acceptable plus all sandstorms.
Thank you for your interest in the project. As per your Request for Please send documentation for the sweet sensation mine to stop the Val Community 29-May-20 SMS request, please see attached the application with Documentation machinery. associated supporting documents.
Thank you for your interest in the project. As per your Request for Hi Anela, Marlene Paul Billy Nyoni 29-May-20 Phone call request, please see attached the application with Documentation Kindly send me the documentation for sweet sensation mine. associated supporting documents.
Thank you for your interest in the project. As per your Request for Hi Anela, Bob Community 29-May-20 Email request, please see attached the application with Documentation Kindly send me the documentation for sweet sensation mine. associated supporting documents.
Thank you for your interest in the project. As per your Hi Please send me the documentation and adjusted EMP request, please see attached the application with [Environmental Management Programme]. Request for associated supporting documents. All concerns raised in My main concern will be additional noise and dust from the screening Carl Scholtz Community 29-May-20 Email Documentation your comment have now been addressed by the Regulation process. All other concerns previously noted remain. 31 Amendment Report and specialist studies undertaken in Regards support of the application.
We strongly support the concerns raised below. Thank you for your email. Your concern has been noted and Against the Mrs D Potgieter Stand 131 and Stand 138 Community 29-May-20 Email has been forwarded to the Department of Mineral Proposed Project MR FJ Potgieter Regards Resources and Energy (DMRE).
Good Day, With reference to the above-mentioned application I strongly object to the proposed amendment which would include a screening process in addition to their normal mining operations. Thank you for your interest in the project. As per your The current mining operations alone are having a negative impact on request, please see attached the application with Objection to the the environment including but not limited to the visual, noise and dust associated supporting documents. All concerns raised in Proposed M Baker Community 29-May-20 Email problems we are seeing. your comment have now been addressed by the Regulation Amendment The addition of a screening plant would add to the dust and noise 31 Amendment Report and specialist studies undertaken in pollution we are currently having to put up with because, as you may support of the application. well know, running a screening plant is by no means a quiet process and the material to be screened has to be processed as a dry product which leads to dust pollution on a grand scale no matter
DIGBY WELLS ENVIRONMENTAL 40 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY what dust suppression processes they may use. Regards
As an owner of a working farm in the region, we do not support your Thank you for your comment. Your objection has been application, due to dust, noise levels and interference with the nature Lindequesdrift RH De Witt 01-Jun-20 Email recorded and has been forwarded to the Department of in our area. community Mineral Resources and Energy (DMRE). Regards
Dear Ms Kewuti, I write on behalf of the Federation for a Sustainable Environment (FSE). I refer to the subjoined correspondence and the attached notification. The FSE [Federation for a Sustainable Environment] was notified on the 28th of May 2020 of the application by Sweet Sensations Sand Mining Operations for an amendment of its Environmental Authorisation (EA) and Environmental Management Programme (EMPR) (REF. NO. FS 30/5/1/2/2/10018 MR) in terms of Regulation 29 Part A of the EIA Regulations, 2013. We were informed that the Thank you for your comment. Your objection has been approved Mining Right permitted sand mining, but the use of noted and has been forwarded to the Department of Mineral screening was excluded from the EMPr. The application for the Resources and Energy (DMRE). amendment to the EMPR was to allow for the inclusion of the Please note that this application was deemed non- screening as an additional step in the mining process. substantive because the addition of a screening process In terms of the Notification, we were advised that the screening into would not change the scope of the valid environmental the mining process does not trigger any additional listing activities as authorisation, nor increase the level or nature of impacts as contemplated in the EIA [Environmental Impact Assessment] the machine will be placed within the existing Mining Right Against the Non- Regulations, 2014 (Government Notice No. R. 982 of 4 December Federation for a Area (MRA). Substantive 2014 as amended by Government Notice No. R.326 of 7 April 2017) Mariette Sustainable 01-Jun-20 Email However, subsequent to the submission of the Regulation Amendment in accordance with the NEMA [National Environmental Management Liefferink Environment (FSE) 29 Amendment Report, the DMRE requested that due to the Application Act, 1998 (Act No. 107 of 1998] and that the screening process was number of complaints raised, that a Regulation 31 an “unsubstantial” step in the mining process; that it will not change Amendment Report be compiled, including the completion the scope of the valid environmental authorisation nor increase the of a full 30-day public review period. This has now been level or nature of the impact when the impact was initially assessed; completed and the Final Regulation 31 Amendment Report and that Regulation 29 Part 1a Amendment Application Process can has been submitted to the DMRE on 4 June 2021. be followed. The Environmental Assessment Practitioner (EAP) concluded that a full Public Participation Process will not be required All concerns raised in your comment have now been as part of the Regulation 29 Amendment Application Process as the addressed by the Regulation 31 Amendment Report and inclusion of the mining method will not result in any adverse negative specialist studies undertaken in support of the application. impacts on any Interested and Affected Parties (I&APs) and is not legally required in accordance with the EIA regulations, 2014 (as amended). We respectfully dissent from the above-mentioned opinion for the following reasons: 1. The Applicant and its Environmental Assessment Practitioner allege that the screening process will not result in any adverse negative impacts on any Interested and Affected Parties (IAPs) and that the amendment to the EMPr is “unsubstantial”. This statement,
DIGBY WELLS ENVIRONMENTAL 41 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY however, is unsubstantiated and the significance of the impacts have not been reliably established. The following laws have relevance: In terms of s 38 of the MPRDA [Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)], the holder of a mining right – (a) must at all times give effect to the general objectives of integrated environmental management laid down in Chapter 5 of the National Environmental Management Act, 1998; (b) must consider, investigate, assess and communicate the impact of his or her …mining on the environment as contemplated in section 24(7) of the National Environmental Management Act, 1998. In terms of s 24 of the NEMA- (1) In order to give effect to the general objectives of integrated environmental management* laid down in Chapter 5 of the NEMA, the potential impact on- a. The environment; b. Socio-economic conditions; and c. The cultural heritage Of activities that require authorisation or permission by law and which may significantly# affect the environment, must be considered, investigated an assessed prior to their implementation and report to the organ of state charged by law with authorising, permitting or otherwise allowing the implementation of an activity. *(The general objective of integrated environmental management is to inter alia: Ensure that the effects of activities on the environment receive adequate consideration before actions are taken in connection with them; ensure adequate and appropriate opportunity for public participation in decisions that may affect the environment. [S23 (1) (c) & (d)]) #(In Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and others 2004 (2) SA 393 (E) it was established that the threshold level of significance need not be very high.) 2. IAPs are supplied with limited information regarding the screening process. The Applicant only informed us in the Notification Letter that a Mobile Terex 3 Screening Machine will be used, sand mixed with clay will be loaded into the Mobile Terex 3-Screen and separated into three stockpiles depending on their particle sizes. In order to determine the significance of the impacts, the Applicant was required to identify the impact/s; the impact/s prediction and impact evaluation. The causes and consequences of environmental degradation and pollution are, by their very nature, matters of science, as are the steps which can be taken to mitigate or management if and to prevent it occurring. The 3-page Notification Letter failed to provide any insight into the impacts of the screening
DIGBY WELLS ENVIRONMENTAL 42 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY process. More detailed information is required to ensure that the process does not impinge upon the rights of IAPs. If this is indeed the screening machine which will be used, it is difficult to conceive that the machine and the screening process will not result in any adverse negative impacts on any Interested and Affected Parties. It can logically be inferred that the process will introduce additional dust and noise, inconvenience, adverse impact on the sense of place and decreased value of properties. Public participation should therefore form part of this process. 3. The FSE [Federation for a Sustainable Environment] has witnessed first-hand the non-compliances by Sweet Sensations of the management and mitigation measures of its legally binding EMPr and the geomorphological scars that the sand mining has left on the non-riparian terrain. Of relevance is the principle of Section 23 (1) (g) of the MPRDA, namely that “the Minister must grant a mining right if – the applicant is not in contravention of any provision of this Act”. By analogous reasoning, the Minister must NOT grant a mining right if the applicant is in contravention of any provision of this Act. 4. The negative environmental consequences (e.g. noise, dust, aesthetic degradation, inconvenience, reduced value of the properties, etc.) that have manifested from Sweet Sensations’ alleged non-compliances have resulted in simmering conflicts between the residents of Vaaloewer and Sweet Sensations. In order to address the social dilemma created by the conflict between the short-term self-interest of Sweet Sensations and the long-term collective interest of the community it will be necessary for this Application to be scrutinized by interested and affected parties, that is, for a full public participation process. 5. Given the number of sand mining operations in existence within the Vaaloewer area, the fact that the sand extraction rates exceed sediment yield (replenishment in this dynamic system) and the significant impact that sand mining has on the environment, it is self- evident that sand mining needs to be strictly controlled. In the light of the above-mentioned, the FSE [Federation for a Sustainable Environment] hereby calls upon the DMRE not to authorise the amendment to Sweet Sensations’ EMPr without allowing the participation of interested and affected parties in this process. In conclusion, the Directions by the Minister of Mineral Resources and Energy (attached) during the lockdown period may have relevance. If public participation meetings are not possible during Levels 3, 2 and 1, we request that the decision by the DMR be delayed in order to allow for a public participation process. An internet search for the Mobile Terex 3 Screening Machine delivered the subjoined image of a Terex 3 Screening Machine.
DIGBY WELLS ENVIRONMENTAL 43 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Good day, Thank you for comment, it has been recorded and has been Against the Koos (JPL) I am the owner of Vaaloewer stand 711. I fully and strongly support Community 29-May-20 Email forwarded to the Department of Mineral Resources and Application Snyman the views of Mr Dennis Bird in his email below dated 29 May 2020. Energy (DMRE).
Good morning and happy Sunday to all, I am on the same page with Thank you for comment, it has been recorded and has been Against the Mr. Dennis Bird. Paul Billy Nyoni Community 31-May-20 Email forwarded to the Department of Mineral Resources and Application Stay Safe, Energy (DMRE).
Thank you for comment, your objection has been recorded I am the owner of a stand in meerkat street. Even though I do not and has been forwarded to the Department of Mineral have to look at the mining operations all the time I am highly Resources and Energy (DMRE). Please note that an air concerned about the air and water pollution. Once the August winds quality study has been undertaken as part of this the Against the pick up, that is when the dust will hit us. Abraham Community 31-May-20 Email Regulation 31 Amendment application, the impact that will Application No, I must say I highly oppose to this development especially so arise from the inclusion of the screening machine into the close to an urban area, (Vaaloewer). mining process was found to have a negligible impact and Regards therefore no significant impacts are anticipated from the project.
Thank you for your comment. Please note that the mine is already operational, and this application is for the inclusion of the screening process into the mining method. The I do not support this eyesore so near to a development, the impact to machine will be located within the existing Mining Right Do not Support the the area will be much more negative than positive – as so many Steyn, Martin MP Community 31-May-20 Email Area (MRA) and no additional areas outside the approved Application people already stated. mining area will be impacted by the inclusion of the Thanks screening process. The impacts identified are found to be negligible; however, mitigation measures have been proposed to address any potential impacts that may arise.
To whom it may concern I strongly object to the proposed amendment for the exact same Objection to the Thank you for your comment. Your objection has been rational reasons as Mark Baker (see below), as well as Gavin Candy's Lodge & Proposed Anne Wilson 31-May-20 Email recorded and has been forwarded to the Department of Aboud’s reasoning (also see below). My guests have already Wharf Pub Amendment Mineral Resources and Energy (DMRE). complained to me about the noise pollution early in the mornings. Kind Regards,
Good Day We would also like to add our objection to the abovementioned Thank you for your email. A noise and air quality study were Peter & Barbara Concerned About Amendment. The addition of this equipment would add to the present undertaken as part of this application. The findings of both Greenwood Community 31-May-20 Email the Noise Pollution noise pollution already in existence with further damage to the studies showed that the inclusion of the screening machine Selby environment. will have a negligible noise and dust impact. Regards
Good Day, Thank you for your comment. Your objection has been Concerned About The above refers. noted and has been forwarded to the Department of Mineral the Dust Pollution As an affected party I do not support your application. As an owner Resources and Energy (DMRE). Christo Lang Community 01-Jun-20 Email and Objection to just down river from the proposed mine the noise and water pollution Please note that this application was deemed non- the Application will have a direct impact on our bird and fish life in our direct area. substantive because the addition of a screening process The dust pollution can also be seen from a distance. would not change the scope of the valid environmental
DIGBY WELLS ENVIRONMENTAL 44 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY People have been moving to our area to get out of the air pollution authorisation, nor increase the level or nature of impacts as and noise in the major cities due to health reasons and this mine will the machine will be placed within the existing Mining Right have a direct impact on their health. Area (MRA). Once again I STRONGLY OBJECT TO YOUR ABOVEMENTIONED However, subsequent to the submission of the Regulation APPLICATION 29 Amendment Report, the DMRE requested that due to the Regards number of complaints raised, that a Regulation 31 Amendment Report be compiled and submitted including the completion of a full 30-day public review period. This has now been completed and the Final Regulation 31 Amendment Report has been submitted to the DMRE on 4 June 2021. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Good day Thank you for your comment. Your objection has been Do not Support the As an affected party I support the concerns raised against the Daleen Temlett Community 01-Jun-20 Email recorded and has been forwarded to the Department of Application application and do not support your application. Mineral Resources and Energy (DMRE).
Thank you for your comment. Your objection has been noted and has been forwarded to the Department of Mineral GOOD DAY, Resources and Energy (DMRE). Refer your ref. SWS6177 Please note that this application was deemed non- As an affected party I do NOT support your application and indicate it substantive because the addition of a screening process as a non-substantive amendment, as this equipment directly would not change the scope of the valid environmental negatively affect all property owners on Vaaloewer side. The current authorisation, nor increase the level or nature of impacts as dust and noise already have a negative impact on our will health as the machine will be placed within the existing Mining Right well as property values. Area (MRA). Do not Support the On your paperwork it might sound like you are dealing with a small A. Du Toit, Community 01-Jun-20 Email However, subsequent to the submission of the Regulation Application area among farmland on the Free State side but directly across the Michelle le Roux 29 Amendment Report, the DMRE requested that due to the river on Gauteng side there are more than 400 housing units that will number of complaints raised, that a Regulation 31 have to listen to the noise that this equipment will be making. Amendment Report be compiled, including the completion Currently the beeping sound of the equipment is already disturbing in of a full 30-day public review period. This has now been our peaceful village, not to mention disturbance of our birdlife completed and the Final Regulation 31 Amendment Report including the fish eagles. has been submitted to the DMRE on 4 June 2021. Trust that you will consult all concerned parties in this regard. Regards All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Good morning Objection to the As a stakeholder and property owner in Vaaloewer I strongly support Thank you for your email. Your comment has been Bornman Du Toit Community 01-Jun-20 Email Application all the concerns raised. recorded. Regards
DIGBY WELLS ENVIRONMENTAL 45 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Gavin, I am the owner of Blinkwater Private resort, 49 Oorbietjie Rd, Thank you for your comment. Your objection has been Does not Support Lindequesdrift. Jan Smit Community 01-Jun-20 recorded and has been forwarded to the Department of the Application I can NOT support the application. Mineral Resources and Energy (DMRE). Regards
Good Day Claire, I hope you are well? I refer your mail below. I refer document attached. I refer the following extracted from attached: The impacts associated with the mining of sand at the Sweet Sensation operation have been assessed and mitigation measures were included in the approved EMPr [Environmental Management Programme]. The inclusion of the screening process may result in slight changes to ambient noise and dust fallout levels. However, Thank you for your comment. Your objection has been based on the findings of specialist studies conducted for the noted and has been forwarded to the Department of Mineral operation, no significant negative impacts as a result of the inclusion Resources and Energy (DMRE). of the screening process are anticipated. The mitigation measures proposed in the approved Please note that this application was deemed non- EMPr have been found to be sufficient to deal with the impacts substantive because the addition of a screening process experienced as a result of the change in the mining process. would not change the scope of the valid environmental I am sorry, but I cannot agree with this. authorisation, nor increase the level or nature of impacts as In the mine plan one front end loader is permitted. Despite the fact the machine will be placed within the existing Mining Right that there is more equipment on site than allowed, and you Area (MRA). Objection to the Protect Vaal Eden continuously and erroneously refer to an excavator, just the reverse Gavin Aboud 01-Jun-20 Email However, subsequent to the submission of the Regulation Application Committee buzzers are an irritation. 29 Amendment Report, the DMRE requested that due to the Imagine a screening plant. number of complaints raised, that a Regulation 31 I am sorry, but this cannot be accepted and needs to be clarified at a Amendment Report be compiled, including the completion PPP [Public Participation Process] meeting. of a full 30-day public review period. This has now been On page 22 it says that they will not go deeper than 10m and on completed and the Final Regulation 31 Amendment Report average 5 meters. Well, they are past a depth of 10 m. It also says has been submitted to the DMRE on 4 June 2021. they will mine in strips with concurrent rehabilitation that is not All concerns raised in your comment have now been happening. addressed by the Regulation 31 Amendment Report and On page 23 it says one front end loader, one tractor and one water specialist studies undertaken in support of the application. trailer. Please go and look what is on site now. On page 24 it says there are 2 similar mines in the immediate vicinity, that is incorrect, it is not so. On page 30 it says neighbours were consulted. I live 100m across the river and was never consulted. I refer the above mine plan. This is on page 52. It is not being adhered to. I look on to the mine and will send you photos. I am sorry but your assumption that it will be a non-Substantive Amendment cannot be true.
DIGBY WELLS ENVIRONMENTAL 46 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY Have you even been to the mine? I will send you photos now,
Good Day Claire, Further to my mail below. All concerns raised in your comment have now been Rehabilitation Protect Vaal Eden Please see attached. Gavin Aboud 01-Jun-20 Email addressed by the Regulation 31 Amendment Report and Process Committee Does that look like strip mining with concurrent rehabilitation. specialist studies undertaken in support of the application. Does that look like an average of 5m depth?
Good Day Claire, I refer your mail below. I refer document attached. I honestly allege that the document attached is completely inaccurate and quite honestly devoid of truth. Thank you for your comment. Your objection has been On page 25 it says the mine will fix potholes on the road, nothing has noted and has been forwarded to the Department of Mineral been done. The road is basically no longer existent. Resources and Energy (DMRE). The layout plan has not been adhered to. Page 187 does reflect the Please note that this application was deemed non- correct current mining area. substantive because the addition of a screening process Page 188 does not reflect current mining activities. would not change the scope of the valid environmental Page 235, and 236, Diesel storage area and excavator not approved authorisation, nor increase the level or nature of impacts as on mine plan. the machine will be placed within the existing Mining Right Your NOISE BASELINE ASSESSMENT is disputed. Come and listen Area (MRA). Inaccuracy of the Protect Vaal Eden to the noise of the reverse buzzers at Vaaloewer. Gavin Aboud 01-Jun-20 Email However, subsequent to the submission of the Regulation Document Committee This is despite the amount of vehicles in its vehicle fleet, comprising 29 Amendment Report, the DMRE requested that due to the of an Excavator, a FEL [Front End Loader] and bulldozer and number of complaints raised, that a Regulation 31 customer owned Tipper Trucks and Amendment Report be compiled, including the completion passenger vehicles. However, the night-time LAeq of 39 dBA of a full 30-day public review period. This has now been exceeds the night-time limit of completed and the Final Regulation 31 Amendment Report 35 dBA when mining operation is closed. The aforementioned shows has been submitted to the DMRE on 4 June 2021. that other noises are All concerns raised in your comment have now been influencing background noise levels in the area. A brief discuss of the addressed by the Regulation 31 Amendment Report and data is provided below: specialist studies undertaken in support of the application. They are only allowed to have one front end loader od site? Yet you say they have a fleet of vehicles? Page 254 I afraid your assumptions are incorrect, come to Vaaloewer and listen to the noise?
Good Day Claire, Existing Thank you for your email. Please note that all stakeholders I refer attached. Protect Vaal Eden Stakeholder Gavin Aboud 01-Jun-20 Email on the database have been registered as I&APs [Interested Please register all as IAP’s [Interested and Affected Parties] and Committee Database and Affected Parties]. ensure that everyone receives the required communication.
Good morning, We are Vaaloewer residents, and I need to just tell you if you think Thank you for your comments. These have been recorded Hours of Operation the mine is only working from 8am then please visit me. Val De Bruyn Community 02-Jun-20 Email and has been forwarded to the Department of Mineral at the Mine They start at 5am and the noise level is terrible at this time of the Resources and Energy (DMRE). morning. The dust is also horrific if the wind is blowing. We moved
DIGBY WELLS ENVIRONMENTAL 47 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY here for the quiet and the fresh air when my husband fell ill and the All concerns raised in your comment have now been mine spoils the entire area. addressed by the Regulation 31 Amendment Report and Kind regards specialist studies undertaken in support of the application.
Thank you for your comments. These have been recorded Good Day and has been forwarded to the Department of Mineral Further to the attached Noise Baseline Assessment Report attached: Resources and Energy (DMRE). we live in Vaaloewer across the river to Sweet Sensations Mine and Please note that the impacts associated with the mining of are presently very unhappy with the noise levels of the beeping of sand at the Sweet Sensation operation have been assessed trucks from very early in the morning - 6.30am, certainly earlier than and mitigation measures were included in the approved 8am. It is most disturbing, as is the dust that blows generally, but Environmental Management Programme (EMPr). especially on windy days, so we VERY STRONGLY OBJECT TO Dawn & Gerrit Vaaloewer Noise 02-Jun-20 Email The inclusion of the screening process may result in slight THE OPERATION OF MINING AND SCREENING PLANT etc. This Schepers Community changes to ambient noise and dust fallout levels. However, will be detrimental to our peace and quiet as well as our health with based on the findings of specialist studies conducted for the all the dust. There are many elderly people who live close to the Regulation 31 Amendment process, no significant negative waterfront and this will definitely affect their health especially badly - impacts as a result of the inclusion of the screening process We are some of them! This will also badly affect our plant and animal are anticipated. The mitigation measures proposed in the life in the area. approved EMPr have been found to be sufficient to deal Regards with the impacts experienced as a result of the change in the mining process.
Thank you for your comment. Your objection has been To whom it may concern; noted and has been forwarded to the Department of Mineral Refer your ref. SWS6177 Resources and Energy (DMRE). As an affected party I do NOT support your application and indicate it Please note that this application was deemed non- as a non-substantive amendment, as this equipment directly substantive because the addition of a screening process negatively affect all property owners on Vaaloewer and Lindequesdrif would not change the scope of the valid environmental side. The current dust and noise being created already has a authorisation, nor increase the level or nature of impacts as negative impact on our health as well as our property values. the machine will be placed within the existing Mining Right On your paperwork it might sound like you are dealing with a small Area (MRA). Objection to the area among farmland on the Free State side but directly across the Community 02-Jun-20 Email However, subsequent to the submission of the Regulation Application river on Gauteng and North West side there are more than 400 PG Le Roux 29 Amendment Report, the DMRE requested that due to the housing units and numerous farmers, and property owners that will number of complaints raised, that a Regulation 31 have to listen to the noise that this equipment will be making and Amendment Report be compiled, including the completion having to deal with the dust pollution causing numerous problems. of a full 30-day public review period. This has now been Currently the noise of the equipment and the dust created is already completed and the Final Regulation 31 Amendment Report disturbing in our peaceful environment, not to mention the has been submitted to the DMRE on 4 June 2021. disturbance of our birdlife especially the fish eagles. Trust that you will consult all concerned parties in this regard. All concerns raised in your comment have now been Regards addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Lynette Klebba Good day, Thank you for your comment. Your objection has been Objection to the And As property owners in Vaaloewer, we would also like to object to any Community 01-Jun-20 Email recorded and has been forwarded to the Department of Application Mr and Mrs Du proposed mining operations in the area, due to dust, noise levels and Mineral Resources and Energy (DMRE). Plessis
DIGBY WELLS ENVIRONMENTAL 48 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY the irreparable damage to nature. Please note that this application is for an amendment and Regards not a new application. The mine is already operational and would like to add the screening process to their mining method. The impacts associated with the mining of sand at the Sweet Sensation operation have been assessed and mitigation measures were included in the approved Environmental Management Programme (EMPr). The inclusion of the screening process may result in slight changes to ambient noise and dust fallout levels. However, based on the findings of specialist studies conducted for the Regulation 31 Amendment process, no significant negative impacts as a result of the inclusion of the screening process are anticipated. The mitigation measures proposed in the approved EMPr have been found to be sufficient to deal with the impacts experienced as a result of the change in the mining process. Additional mitigation measures have also been proposed to improve the mitigation measures already proposed.
To whom it may concern With reference to Digby Wells internal project reference number SWS6177. As affected property owners, we hereby oppose the Final Application for a Non-Substantive Amendment of the EA [Environmental T Oosthuizen Thank you for your comment. Your objection has been Opposing the Authorisation] and EMPr [Environmental Management Programme] & Community 01-Jun-20 Email recorded and has been forwarded to the Department of Application (Ref. No. FS 30/5/1/2/2/10018 MR) in terms of Regulation 29(1) of S Oosthuize Mineral Resources and Energy (DMRE). NEMA [National Environmental Management Act, 1998 (Act No. 107 of 1998] - Sweet Sensations Vaal Sands and support the concerns raised by all interested parties affected. Yours sincerely
Good Day Residents of Vaaloewer, Lindequesdrift, and Vaaleden, Please accept my apology for this intrusion again. Thank you for your communication and interest in the Sweet I refer attached Noise Baseline Assessment Report From Digby Sensation Amendment Project. Please find attached the Wells. response from Digby Wells on the relevant issues raised on It appears that they are quite happy with the noise levels at Sweet the application. Sensations Mine , and are happy that going forward noise levels Please note that the project application and documentation Reference to the from the screening plant will be fine. Protect Vaal Eden have been submitted to the Department of Mineral Noise Baseline I would like as many of you to please comment on the noise that Gavin Aboud 02-Jun-20 Email Committee Resources and Energy (DMRE) and therefore, as part of Assessment Report emanates from Sweet Sensations. due process, please forward any additional comments that Their approved mine plan says they may operate from 8h00 to you may have directly to the authorities. These will assist 16h00. Once again please comment from what time in the morning the competent authorities in making their decision on the this noise starts. project and the opportunity will then be provided to the Now I do not know which of you has had experience with a screening applicant or the stakeholders to appeal the decision made. plant. But it makes a huge noise and dust. Please comment on this as well.
DIGBY WELLS ENVIRONMENTAL 49 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY People these guys want to continue mining for the next 6 years. Voice your opinions now please, Kind Regards
Good Day Digby Wells EAPs [Environmental Assessment Practitioners] I refer to your attached Noise Baseline Assessment Report. It appears that they you are quite happy with the noise levels at Sweet Sensations Mine, and furthermore are happy that going Thank you for your communication and interest in the Sweet forward noise levels from the screening plant will also be fine. Sensation Amendment Project. Please find attached the The experience here in Vaaloewer is somewhat different, Sweet response from Digby Wells on the relevant issues raised on sensations approved mine plan says they may operate from 8h00 to the application. 16h00. This is not happening as the noise starts as early as 06H00 in Please note that the project application and documentation Objection to the the morning. I hereby request that you undertake a compliance visit – have been submitted to the Department of Mineral Carl Scholtz Community 02-Jun-20 Email Screening Tool unannounced or have one arranged. Resources and Energy (DMRE) and therefore, as part of Screening plants are notorious for being noisy and dusty!!!- show me due process, please forward any additional comments that one that is not? - There is no experimental data of the additional you may have directly to the authorities. These will assist noise that a screening plant would add? It seems from your report the competent authorities in making their decision on the that you have no clue as to what noise a screening plant is capable project and the opportunity will then be provided to the of? let alone the dust generated- Your report is an insult to your applicant or the stakeholders to appeal the decision made. profession- go back and do your work properly! I raise these concerns as an ongoing affected party from these and other operations in our area. Regards
Dear all, I am strongly objecting this application. I stay in Doornhoek Street downriver from Vaaloewer and experience Thank you for your comment. Your objection has been Objection to the the same issues. Dennis Holler SNC-Lavalin 02-Jun-20 Email recorded and has been forwarded to the Department of Application The constant noise and air pollution is unacceptable for this area! Mineral Resources and Energy (DMRE). Nothing good can come out of this activity, especially not for nature nor local community. Rgds,
Thank you for your comment. Your objection has been Dear Gavin, noted and has been forwarded to the Department of Mineral I thank you sincerely for spearheading the opposition to the above Resources and Energy (DMRE). application. Please note that this application was deemed non- I, on behalf of the FSE [Federation for a Sustainable Environment], substantive because the addition of a screening process Request for a full have submitted our objection and call for a full public participation Federation for a Mariette would not change the scope of the valid environmental Public Participation process. Please see attached. Sustainable 02-Jun-20 Email Liefferink authorisation, nor increase the level or nature of impacts as Process I have in the interim downloaded and printed the documents sent by Environment the machine will be placed within the existing Mining Right the EAP [Environmental Assessment Practitioner]. I shall peruse Area (MRA). the documents today with the view to augment the FSE’s initial response. However, subsequent to the submission of the Regulation Best Regards 29 Amendment Report, the DMRE requested that due to the number of complaints raised, that a Regulation 31
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY Amendment Report be compiled and submitted including the completion of a full 30-day public review period. This has now been completed and the Final Regulation 31 Amendment Report has been submitted to the DMRE on 4 June 2021. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
Digby Wells EAPs [Environmental Assessment Practitioners], I looked at the noise report and it only indicates what was happening in February 2020. I do not see any indication of the noise levels Thank you for your comment. Your objection has been created by the heavy equipment proposed to be added to the activity. noted and has been forwarded to the Department of Mineral It takes no genius to know that noise levels will increase dramatically Resources and Energy (DMRE). as will the dust. I live directly across the river from the mining activity Please note that this application was deemed non- and can tell you that there is a constant noise from the area during substantive because the addition of a screening process the day. The construction vehicles start to beep at 6 in the morning would not change the scope of the valid environmental and continue for the rest of the day. authorisation, nor increase the level or nature of impacts as I would like to see typical studies of the exact equipment proposed the machine will be placed within the existing Mining Right Concerned about and the additional noise it creates in such a setting. I can only Area (MRA). the Addition of a foresee that the noise will become more as the mining area progress Annalise Scholtz Resident 02-Jun-20 Email However, subsequent to the submission of the Regulation Screening Tool towards the river. 29 Amendment Report, the DMRE requested that due to the Have you actually been to the areas other than the immediate number of complaints raised, that a Regulation 31 adjacent areas that are affected by the mining? It seems that you do Amendment Report be compiled, including the completion not appreciate the rural setting this mine is affecting visually and in of a full 30-day public review period. This has now been terms of noise. completed and the Final Regulation 31 Amendment Report PS. In addition the roads in the immediate area were not constructed has been submitted to the DMRE on 4 June 2021. for these heavy vehicles. It seems that as soon as one road is All concerns raised in your comment have now been damaged by the trucks they move to the next where possible. I addressed by the Regulation 31 Amendment Report and suggest the owners of the mine fix the roads used by its customers. specialist studies undertaken in support of the application. Please register my objection. Regards
NB! NB! NB! Good day again Claire, Firstly, my sincere apologies! Having now started reading each of your 3 emails sent on Friday, I see that they are different - containing parts 2, 3 and 4 of your documentation. Request for a Please can you forward me part 1, which I have never received. Renee de Jong Resident 02-Jun-20 Email I do apologise for this. Please see attached. Missing Document NB! And please can you send all 4 emails (and any other relevant Hartslief correspondence) to the parties cc’d above. They are all active and broadly representative I&APs [Interested and Affected Parties] and they have not (except for Gavin and Mariette) been contacted at all! Please update your records accordingly. Warm regards,
DIGBY WELLS ENVIRONMENTAL 51 www.digbywells.com
Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY
Thank you for your comment. Your objection has been noted and has been forwarded to the Department of Mineral Resources and Energy (DMRE). Good day, Please note that this application was deemed non- We as a family living on Vaaloewer across from the river where the substantive because the addition of a screening process mining operations are taking place and the proposed amendment would not change the scope of the valid environmental relates to, earnestly object. We are subject every morning before authorisation, nor increase the level or nature of impacts as sunrise to the noise from machinery already. This has a very the machine will be placed within the existing Mining Right negative impact on the peace and quiet we moved to of town. And Area (MRA). Objection to the every visitor who wishes to invest in our area for the natural beauty, Elsje Venter Resident 02-Jun-20 Email However, subsequent to the submission of the Regulation Application nature as well as cleaner air are losing interest as soon as the mining 29 Amendment Report, the DMRE requested that due to the operations are being discussed. number of complaints raised, that a Regulation 31 So too our wildlife. We have only recently started hearing the fish Amendment Report be compiled, including the completion eagles again to our children's delight during lockdown. of a full 30-day public review period. This has now been We genuinely object and trust you will understand. completed and the Final Regulation 31 Amendment Report Regards has been submitted to the DMRE on 4 June 2021. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
We hereby acknowledge receipt of your comments. Your Good day comments and the comments we have received from other Objection to the As a property owner at Vaaloewer I strongly support all the raised stakeholders have been captured in a Comments and Pat Mazibuko Resident 02-Jun-20 Email Application concerns. Response Report (CRR). The CRR has been submitted to Regards the Department of Mineral Resources and Energy (DMRE) for their consideration.
The comment form provided as part of the Background Please mail me an objection form separately. Request for Information Document can be utilised otherwise any email Thank you very much. Christine Kuhhirt Resident 02-Jun-20 Email Objection Form correspondence will be captured in the Comment and Kind Regards Response Report (CRR).
Good Day Further to our email of the 31.05.2020 objecting to the above amendment and after reading in the Digby Wells report that the “Noise Specialist does not object to continuation of project based on findings” we would like to voice our objection to this decision. We moved from Johannesburg to Vaaloewer just over a year ago to Vaaloewer Reference to the Peter & Barbara Thank you for your comment. Your objection has been have a peaceful retirement, away from noise, pollution etc. One of Homeowners & Noise Assessment Greenwood- 02-Jun-20 Email recorded and has been forwarded to the Department of the joys of retirement is being able to sleep late but the mining Permanent Report Selby Mineral Resources and Energy (DMRE). operations put paid to that! The noise of their machinery starts up at Residents 06h00 (sometimes before that) and it is the type of repetitive noise that disturbs one’s sleep and causes major irritation. Are the working hours of the mine not supposed to be between 08h00 and 16h00? Our residence is not directly across from the mining operation but slightly upriver so I can only imagine how irritating it is for those
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY residents when we, who are a little bit further away, are experiencing this level of disruption. We strongly object to the addition of new equipment which would cause more noise disruption during the course of the day and as previously stated further damage to the environment and wildlife.
Good Day Stakeholder Engagement Team Digby Wells With reference to this email: As I am in no ways practiced in the ways of environmental consultants, please humour me and list the documents you have The Regulation 29 Amendment was resubmitted to you. sent through. The application was broken into four parts to make it easier I am finding it extremely difficult to correlate which appendices are to receive. Following the submission of this application, the associated with which reports, and I would like to ensure that I have Department of Mineral Resources and Energy (DMRE) List of Documents been sent all the relevant documents. Marianne issued a decision that a Regulation 31 Amendment process Vaaloewer resident 02-Jun-20 Email Received I have been sent 7 emails by your company and there are duplicates Bilsland would need to be undertaken due to the number of attached in the emails which is confusing to me. concerns and complaints raised. In addition please indicate where I can locate the working hours of All concerns raised in your comment have now been the mine; how many front end loaders and excavators will be in addressed by the Regulation 31 Amendment Report and operation; how many collection vehicles (trucks) will be on site per specialist studies undertaken in support of the application. day. Thanks and Regards (Vaaloewer resident)
Good Day Marianne, The Regulation 29 Amendment Application was submitted I hope you are well? to the Department of Mineral Resources and Energy I refer your mail below. (DMRE) for consideration Following the submission of this The questions you ask below are extremely relevant and I too would application, the DMRE issued a decision that a Regulation like a straight answer from Digby Wells. 31 Amendment process would need to be undertaken due I list your questions below and allege the following: to the number of concerns and complaints raised. • where I can locate the working hours of the mine All concerns raised in your comment have now been From the attached it is very clear that they have been approved, addressed by the Regulation 31 Amendment Report and without a public participation process, to operate from 8h00 to 16h00 specialist studies undertaken in support of the application. , no weekends or public holidays. Yet they start around 5h30 in the Response can however be provided for the following: morning and work well past 17h00. We have on numerous occasions Protect Vaal Eden reported to the police that they are working on Saturdays, I have also Gavin Aboud 03-Jun-20 Email • Working hours: The current operational hours are Committee reported to the DMR [Department of Mineral Resources and Energy] not documented in the approved Environmental that they do not conform to their approved working hours, yet nothing Management Programme (EMPr), the Mine Works happens? Programme (MWP) or the Social and Labour Plan • how many front-end loaders and excavators will be in operation (SLP). The mine has indicated that their operating From the documentation supplied by Digby Wells, the approved mine hours are from Monday – Friday 06:00 -16:30. This plan is one front end loader, one tractor and one water cart. Yet in information was provided by Sweet Sensation. The Digby Wells Noise report they refer to Sweet Sensations FLEET OF page that was provide by Mr Aboud during the VEHICLES. Now to my knowledge they have never applied for an public meeting which he said showed the working amendment in this regard. Thus, they are in contravention of their hours of the mine could not be verified in any of the approved mine plan. Once again, I have reported this to the DMR approved documentation which was provided to and when they get there, they see nothing, yet I can see the illegal Digby Wells by Sweet Sensation.
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY equipment from my house. With this application they are applying for • Number of machines: Sweet Sensation is a screening plant, yet they make no mention of additional equipment. permitted to add additional equipment as is required The fact that Digby Wells is turning a blind eye to this, in my opinion, to mine sand as long as the approved mining makes them complicit in an illegal activity. process does not change. The mine has one • how many collection vehicles (trucks) will be on site per day. excavator, one FEL and one dozer. In the mine plan they say 20 trucks will collect sand a day. Well, I see • Trucks: The number of trucks that receive the sand 20 trucks lined up outside the mine at 5h00 in the morning. This will depend on demand of the product. The number continues unabated during the day. Once again, a transgression. of trucks that receive sand is therefore not limited. The result is that the Vaaleden Road is now almost non-existent, however, in the mine plan it says Sweet Sensations, in Conjunction with the Free State Roads Department will maintain the road. Nothing has ever been done. So, Claire, Digby Wells, please feel free to correct me regarding the above, I will welcome your comments in this regard? Thank you
I would like to lodge my very strong opposition to ‘Non- Substantive Amendment of the EA [Environmental Authorisation] and EMPr [Environmental Management Programme]. Regulation 29(1) of NEMA [National Environmental Management Act, 1998 (Act No. 107 of 1998] – Sweet Sensations Vaal Sands – Part 2 Thank you for your comment. Your objection has been I would like to point out the following non-compliance with the noted and has been forwarded to the Department of Mineral existing regulations: Resources and Energy (DMRE). • Hours of working supposed to be 08:00 to 16:00 – work starts at Please note that this application was deemed non- 06:00 substantive because the addition of a screening process • No noise – there is constant ‘bleeping’ of the reverse operation – would not change the scope of the valid environmental this goes on the whole day authorisation, nor increase the level or nature of impacts as • There is no dust control and we have regular dust storms the machine will be placed within the existing Mining Right Objection to the • The depth of excavation has exceeded the agreed limit already Area (MRA). Non-Substantive Owner and resident • No rehabilitation has taken place in spite of the permit stating that P A Ludorf 03-Jun-20 Email However, subsequent to the submission of the Regulation Amendment of the of Vaaloeqwer rehabilitation would occur in strips as the mining takes place 29 Amendment Report, the DMRE requested that due to the EA • In spite of your statement that a screening plant would not increase number of complaints raised, that a Regulation 31 the noise levels, this is blatantly untrue as we all know that screening Amendment Report be compiled, including the completion plants are very noisy to operate of a full 30-day public review period. This has now been From the above, it is obvious that there is no trust in the relationship completed and the Final Regulation 31 Amendment Report with Sweet Sensations as the operation has persistently broken any has been submitted to the DMRE on 4 June 2021. agreement made originally to obtain their licence. Therefore, I am All concerns raised in your comment have now been sure that they have every intention to continue as they have done so addressed by the Regulation 31 Amendment Report and far and ignore any assurances that they may have agreed to in order specialist studies undertaken in support of the application. to obtain a licence. Therefore I would like to reiterate my very strong objection to the Non-Substantive Amendment of the EA and strongly insist that the proper procedure is followed in calling for an IAP [Interested and Affected Party] process.
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Good day, Submission of Please find attached document and photos for your attention. Thank you for your email. We hereby acknowledge receipt Abrie Hanekom Resident 03-Jun-20 Documentation Kindly acknowledge receipt of e-mail. of your email. Regards
Dear Claire, Please read this: I register my objection to your client’s application because: 1. DMR [Department of Mineral Resources and Energy] Your application is fundamentally flawed as your departing premise that ANY mining plan approved by the DMR for and by Sweet Sensations will be adhered to by Sweet Sensations and enforced, Thank you for your email. Please see responses below. monitored and/or supervised by the DMR is devoid of any truth 1. This application is for the amendment of the whatsoever. (as the pictures attached below clearly show). approved EMPr [Environmental Management At the meeting referred to above and attended by representatives of Programme] (for the inclusion of a screening all the stakeholders 11 months ago (detailed minutes and recordings machine into the mining process). were taken at this meeting) when similar pictures were shown to all 2. The Ngwathe Local Municipality has not adopted a the attendees by representatives of the PVE community—as land use scheme as contemplated in Section 24(1) opposed to addressing the issues reflected in the photographs of the Spatial Planning and Land Use management — the PVE reps — were threatened with criminal charges for using Act, 2013 (Act No. 16 of 2013) (SPLUMA) to date. a drone to fly over private property. Furthermore, the Ngwathe Local Municipality 2. ZONING confirmed that it had no objection to the Is mining allowed to happen AT ALL on land that is zoned for establishment of the mine and that Sweet Sensation agriculture? could continue mining sand on the property which Objection to the Legal counsel for Ngwathe undertook to revert to us on this issue. Bob Hartslief Resident 03-Jun-20 Email was not in contravention of the Local Municipalities Application 3. PRESENT COMPLIANCE WITH AND ADHERENCE TO THE Integrated Development Plan. Consequently, AGREED DMR APPROVED MINING PLAN Sweet Sensation is not obligated to apply for a At the meeting referred to above the DMR stated categorically that rezoning application to continue with its mining the so-called MINING PLAN operations. in effect gave the mines broad latitude to “do whatever they liked” as 3. Please note that the progress on the SLP [Social long as the labour force agreed. and Labour Plan] of Sweet Sensations Vaal Sand is Refer to the issues raised in the meeting and the stated position reported to Department of Mineral Resources and verbalised by the head of the Free State DMR Energy as required by law. Obligations under the to all attendees. SLP are adhered to and up to date. I believe this position of the DMR to be incorrect and unlawful. 3. COMMUNITY UP-LIFTMENT 4. Please note that the proposed screening process We await details of this aspect required by the mining charter as yet-- will result in negligible noise impacts as the plant - NO indication has been forthcoming from SS as to how will be placed within the existing MRA (Mining Right or what SS will do to comply with their own undertakings as set out in Area]. their Social Labour Plan of May 12th 2014 (attached) including but not limited to the employment and upliftment of females. 4.COMPLIANCE with THE NGWATHE IDP [Integrated Development Plan] (copy attached) IDP (page 34 states)
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY Your clients APPLICATION for a (so called) Non-Substantive Amendment is in direct CONTRAVENTION of the stated objectives of the NGWATHE IDP and will be and should be rejected by them on these grounds alone! Your clients intentions will definitely affect “the quiet enjoyment of the area” Your client has demonstrated an continuous disregard towards all of their OWN undertakings towards this community. At worst your client is mining illegally on agricultural land and at best is in direct contravention of its own mining plan, in contravention of its own Social Labour plan, and is in non-compliance with the Municipalities IDP. Therefore, with all due respect to the officers and representatives of your client, as a community, we have no confidence whatsoever as to why the undertakings your clients are now making to us, will all of a sudden be adhered to at all, and therefore this application will be vehemently opposed. Regards
Good Day, The current operational hours are not documented in the I refer Sweet Sensations applications. approved Environmental Management Programme (EMPr), I request the following information please: the Mine Works Programme (MWP) or the Social and • Given that the approved operating time of the mine is from 8h00 to Labour Plan (SLP). The mine has indicated that their 16h00, what is the proposed time the screening plant will operate. operating hours are from Monday – Friday 06:00 -16:30. • Can I please see the proposed mitigation plan for the dust the This information was provided by Sweet Sensation. screening plant will generate The emissions from the machine will be negligible as it will • Can I please see the proposed mitigation plan for the noise the only be one machine added and therefore the impact that plant will emit was looked at was more focused on the noise and dust that • Can I please see the proposed mitigation plan for the vibration that would be generated from the operation of the machine. The the plant will generate vibrations generated from the screening machine will be • Can I please see a map of the proposed location of the screening Request for Protect Vaal Eden minimal and should not have any impact beyond the mining plant Gavin Aboud 04-Jun-20 Email Information Committee right boundary. Claire I sent you videos yesterday taken at approximately 5h30 in the A baseline noise study was conducted in support of this morning. In the first two videos, it is pitch black as the sun was not up application and mitigation measures have been provided to yet and you can hear the reverse buzzers blasting in the background. curtail negative impacts. It has also been recommended Bear in mind this is across the river from the mine. Please can I have that the air quality network be upgraded as indicated in the your comments on the noise and the time of operation. monitoring programme. This will provide management with Attached is a video of mine machinery working against the fence of useful information when making decisions to ensure that houses. Sweet Sensation continues to operate within the regulatory There is a court order that says the mine cannot operate within 200 compliance requirements. m of the houses. Your comments in this regard would be appreciated. All concerns raised in your comment have now been Further there are graves on the mine site. A 100m safe zone is also addressed by the Regulation 31 Amendment Report and applicable to these graves. Please advise? specialist studies undertaken in support of the application.
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Hi SET [Stakeholder Engagement Team] Thank you for your email. Please note that Ms Outlook does Please see attached, many of your mails have not gone through to not allow us to send emails to over 1,000 people at the Undelivered Emails Carl Scholtz Resident 04-Jun-20 Email your I&AP’s [Interested and Affected Parties]. same time. As such, we have broken down the emails into Regards batches of 200 stakeholders at a time.
Thank you for your email. Please note that this is an To whom it may concern: application for an amendment (to include a screening I am concern about air pollution, noise pollution as well as water process into the approved mining method) and not a new Air Quality and Dr J G pollution. Mining will also affect wildlife and birdlife in the area. Resident 04-Jun-20 Email mining application. A baseline noise and dust specialist Noise impacts Labuschagne We do not approve of any further mining. studies were conducted in support of the Regulation 29 Regards Amendment Application and has been updated in support of the Regulation 31 Amendment process.
Hi SET [Stakeholder Engagement Team] Please check your distribution lists. Thank you for informing us Carl. All stakeholders not Stakeholders I have received calls from persons who are not I &AP's [Interested Carl Scholtz Resident 05-Jun-20 Email registered are requested to email us directly to ensure their and Affected Parties] for this project? details are correctly captured on the database. Regards
FOR ATTENTION: Messrs Shitlangu and Fhedzisani, and Ms Mphaphuli Dear Sirs and Madam, OBJECTION TO THE GRANTING OF AN EA FOR THE AMENDMENT OF THE EA AND EMPr OF SWEET SENSATIONS SAND MINING OPERATIONS I write on behalf of the Federation for a Sustainable Environment (FSE). The FSE is a federation of community based civil society Thank you for your communication and interest in the Sweet organisations committed to the realisation of the constitutional right Sensation Amendment Project. Please find attached the to an environment that is not harmful to health or well-being, and to response from Digby Wells on the relevant issues raised on having the environment sustainably managed and protected for the application. future generations. Their mission is specifically focussed on FEDERATION Please note that the project application and documentation addressing the adverse impacts of mining and industrial activities on Objection to the Mariette FOR A have been submitted to the Department of Mineral the lives and livelihoods of vulnerable and disadvantaged 08-Jun-20 Email Application Liefferink SUSTAINABLE Resources and Energy (DMRE) and therefore, as part of communities who live and work near South Africa’s mines and ENVIRONMENT due process, please forward any additional comments that industries. you may have directly to the authorities. These will assist We respectfully request that this submission be read in conjunction the competent authorities in making their decision on the with our attached objection. project and the opportunity will then be provided to the In support of the Application for a “Non-Substantive Amendment of applicant or the Stakeholders to appeal the decision made. the Environmental Authorisation and Environmental Management Programme” (Ref. No. FS 30/5/1/2/2/10018 MR) a Noise Baseline Assessment and Dust Impact Assessment were conducted by Digby Wells Environmental. The Noise Baseline Assessment comprises approximately 21 pages. The Report informs us that Lusanda Matee was the field officer who carried out the baseline noise investigation on the 3rd and 4th of February 2020. The Report Writer was Dr Matthew Ojelede. We
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY were not supplied with the credentials of the Field Officer and the Report Writer. Dr Ojelede’s published papers, namely “Housing and population sprawl near tailings storage facilities in the Witwatersrand: 1952 to current”; “ Frequency of Mine Dust Episodes and the Influence of Meteorological Parameters on the Witwatersrand Area, South Africa”; “Evaluation of Aeolian emissions from gold mine tailings on the Witwatersrand”; and “Lightning-produced NOx budget over the Highveld region of South Africa”, adduce evidence, however, that he is an expert in dust/air quality. This explains why Dr Ojelede was the Report Writer for the Air Quality Baseline Assessment. It is our respectful opinion that while we acknowledge Dr Ojelede’s expertise in the field of dust/air quality, we are uncertain regarding his expertise in the assessment of noise. Besides the fact that expert men will be of diverse and contrary opinions, and everyone will make his own probable, no one man is an expert in all things. With reference to the findings in terms of the noise assessment, we comment as follows: 1. According to the Noise Baseline Assessment, the background noise levels (ambient noise) for most of the time was 24dBA. While mining operations were ongoing the noise level on site (SS_N1) was 41dBA. This implies a noise intrusion of 17 dBA or more. At one of the 3 residential sites (SS_N2) the ambient noise level was 35 dBA with LAeq of 48 dBA which implies a noise intrusion of 13 dBA. Disturbing noise* in terms of the Noise Regulations of 1998 means the noise level that exceeds the ambient sound level measured continuously at the same measuring point by 7dBA or more. *(Noise disturbance means any sound which disturbs or impairs or may disturb or impair the convenience and peace of any person.) 2. According to the testimonies of the majority of residents within Vaaloewer, the source of the noise intrusion is the operations of Sweet Sensations. We wish to refer the authorising authorities in this regard to Section 2 (4) (g) of the National Environmental Management Act, 107 of 1998 (NEMA), which directs: “Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional and ordinary knowledge.” (Emphasis added.) 3. Section 28(1) of NEMA has relevance: “28 (1) Every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation form occurring, continuing or recurring, or in so far as such harm to the environment is authorise by law or cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment.
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY noise…emitted from any activity… where that change has an adverse effect on human health or wellbeing, or on the composition, resilience and productivity of natural or managed ecosystems or on materials useful to people, or will have such an effect in future. Pollution in terms of the NEMA “means any change in the environment caused by (iii) noise….where that change has an adverse effect on human health and wellbeing….” With reference to the findings of the baseline air quality assessment, we pose the following questions and concerns: 1. It is inferred that the data, which were used for the air quality assessment, were provided by the Applicant and not independently obtained by the consultant. Para 6.2.2 of the Amendment Application Motivation Report informs us that the results of only one month (from 4 February 2020 to 11 March 2020) were analysed for PM10 and that during this month there was an exceedance recorded. The information is insufficient to settle one’s judgement regarding the significance of the dust fallout. Furthermore, an exceedance in one month is evidence of non-compliance. 2. According to the air quality assessment (page iii) the data were based on only 3 (three) months. During these three months there were two exceedances of the non-residential limit of 1 200 mg/m2/d. We submit that two exceedances in a period of three months are significant. 3. The sites where the dust sampling was conducted were classified as industrial. Since there is a residential dwelling immediately opposite to Sweet Sensation’s operations and other residences in close proximity, the residential limit of 600 mg/m2/d and not the non- residential limit of 1 200 mg/m2/d ought to have applied. Our above- mentioned concern finds support in the statement on page 7 of the Regulation 29 Amendment Application Motivation Report (para 6.2.1), namely “it is worth mentioning that no residential site was selected.” This indicates a serious gap in information. 4. The air quality assessment (page iii) furthermore informs us that data for October 2019 and November 2019 were not available to substantiate the findings. To arrive at the conclusion and recommendations based on only 3 months’ data demonstrates that a risk-averse and cautious approach (Section 2 (4)a) (viii) of NEMA) was not applied, namely, to have taken into account the limits of current knowledge about the consequences of decisions and actions. In the light of the above-mentioned gaps in information and current exceedances, we recommend that the application for the amendment of the EA and EMP not be approved.
Request for Dear Claire The Regulation 29 Amendment Application was submitted Bob Hartslief Resident 08-Jun-20 Email Responses PLEASE ADD MY EMAIL address to your response list. to the Department of Mineral Resources and Energy
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY In your email of June 4th you said: (DMRE) for consideration. Following the submission of this Dear Interested and Affected Stakeholder application, the DMRE issued a decision that a Regulation Thank you for your communication and interest in the Sweet 31 Amendment process would need to be undertaken due Sensation Amendment Project. to the number of concerns and complaints raised. Please find attached the response from Digby Wells on the relevant All concerns raised in your comment have now been issues raised on the application. addressed by the Regulation 31 Amendment Report and QUESTION 1: I have not seen this response from DIGBY WELLS specialist studies undertaken in support of the application. —please send to me directly —thank you. In your email of June 1st you said: We hereby acknowledge receipt of your comments submitted through the Digby Wells Information email address. Your comments and the comments we have received from other stakeholders have been captured in a Comment and Response Report (CRR). Responses will be provided to each comment and included in the CRR for submission to the Department of Mineral Resources and Energy for their consideration. QUESTION 2: Will the responses you refer to in the CRR be seen in the document you refer to above and highlighted by me in BLUE Please note that the project application and documentation have been submitted to the Department of Mineral Resources and Energy and therefore, as part of due process, please forward any additional comments that you may have directly to the authorities. These will assist the competent authorities in making their decision on the project and the opportunity will then be provided to the applicant or the Stakeholders to appeal the decision made. QUESTION 3: As the DMR [Department of Mineral Resources and Energy] officials’ mailboxes are “full” we cannot send them any emails —what do you suggest we do? Thank you and kind regards
Good Day Claire, I refer your mail below. The Regulation 29 Amendment Application was submitted I have just been phoned by Ms Kalipa Kewuti. In copy. to the Department of Mineral Resources and Energy Reshoketswe Mphaphuli left their office months ago, why include DMRE Contact Protect Vaal Eden (DMRE) for consideration. Following the submission of this their details? Gavin Aboud 09-Jun-20 Email Details Committee application, the DMRE issued a decision that a Regulation The other 2 emails with reference to the remaining two people do not 31 Amendment process would need to be undertaken due work and passwords need to be reset and email addresses fixed. to the number of concerns and complaints raised. This is an exercise in futility. For the record.
Dear Claire, Thank you for your email and trust you are doing well. According to Section 24H of NEMA [National Environmental I am indeed a Registered Environmental Assessment EAPASA Management Act, 1998 (Act No. 107 of 1998], all Environmental Vaaloewer Property Practitioner (EAP) in accordance with the prescribed criteria Chris Campbell 09-Jun-20 Email Registration Practitioners must now have been registered with the Environmental Owner of Assessment Practitioners Association of South Africa (EAPASA), Regulation 15.(1) of the Section 24H Registration Authority even if they had been registered as Pr. Sci. Nat with SACNASP Regulations (Regulation No. 849, Gazette No. 40154 of 22
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY [South African Council for Natural Scientific Professions), by July February 2020. Could you kindly confirm that You and Your 2016, of the National Environmental Management Act Colleagues are registered and indeed that it is the norm for a long (NEMA), Act No. 107 of 1998, as amended). existing firm such as Digby Wells, to ensure that anyone involved on My EAPASA [Environmental Assessment Practitioner this Project in an EAP [Environmental Assessment Practitioner] Association of South Africa] Registration Number is Capacity are indeed registered. 2019/1013 and is effective for a period of 5 years from 07 I look forward to your response, as it would be comforting to know February 2020 until 07 February 2025. that indeed there are knowledgeable, competent and ethical My status as a Registered EAP is displayed in the ‘EAP individuals performing this professional service on behalf of their Register’ which is available at the following Client. link https://registration.eapasa.org/registered-practitioners. Kind Regards
Good Morning Claire and others Thank you for your communication and interest in the Sweet 1. Clair—my emails to you remain unanswered —is there any Sensation Amendment Project. Please find attached the particular reason why you are not responding to me? response from Digby Wells on the relevant issues raised on 2. Yesterday in a response (to Mariette I believe) you stated that the the application. audit of the EMPr [Environmental Management Programme] was All information contained in the Regulation 29 Application, conducted by Dorean Environmental Services CC relevant to the operational mine were sourced from existing and in effect you DIGBY WELLS “had nothing to do with it” which in documentation and in particular the approved itself is a cause for concern. Environmental Management Programme (EMPr), Mine Works Programme (MWP) and Environmental Compliance However: Audit Report. Digby Wells has done what is reasonably On scrutiny of the document (screen shot below) the audit, with expected to verify information provided and the mine has which there are NUMEROUS BLATANT inaccuracies, signed a declaration that all information provided is true and is simply signed by a certain Monty van Eeden correct. If there are any deviations alleged from what has and Gernie Agenbag without any contact details. been provided in the documentation and subsequently in the Application, these comments need to be addressed On searching for DOREAN ENVIRONMENTAL SERVICES on directly to the mine owners and communicated to the DMRE Inaccuracy of GOOGLE we find a company with this name that deals in Bob Hartslief Community 09-Jun-20 Email [Department of Mineral Resources and Energy]. These Documentation AIRPORT EQUIPMENT AND SERVICES??? issues Include: an explanation would be appreciated as well as contact details of • The type and quantity of mining equipment utilised whoever undertook the audit as we need to engage them onsite during mining operations; URGENTLY. • The actual mining process and current depth of regarding what they have entered against each audit point— mining; THE AUDIT IS INACCURATE. • Rehabilitation not being undertaken on site; and 3. Further —we have addressed and reported to YOU the DMR’s • The impact of mining on the road network. position (as minuted and recorded at a meeting Please note that the project application and documentation last year with all stakeholders) towards SWEET SENSATIONS have been submitted to the DMRE and therefore, as part of mining operations —which is basically that they (SWEET due process, please forward any additional comments that SENSATIONS) can literally MINE what AND HOW they like, you may have directly to the authorities. These will assist when they like —as manifested by the video below. the competent authorities in making their decision on the I would suggest that by no stretch of the imagination can ANYONE project and the opportunity will then be provided to the looking at this video, reach the conclusion that SWEET applicant or the Stakeholders to appeal the decision made. SENSATIONS are conducting strip mining with concurrent Should the DMRE inbox be full please keep trying as we are
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ORGANISATION/ CATEGORY COMMENT RAISED CONTRIBUTOR DATE METHOD EAP RESPONSE COMMUNITY rehabilitation, as per their agreed MINING PLAN ----which leads to unsure when the DMRE will go back to work. We also an even bigger concern which we bring to your attention. cannot reach the DMRE however we do know that they will Messrs Van Eden and Agenbag state categorically that the be returning to their offices soon. “QUANTUM OF THE FINANCIAL PROVISION REQUIRED FOR DMRE Contact person: REHABILITATION AT CURRENT CLOSURE COMES TO R583 Salani Shitlhangu [email protected] 411” Reshoketswe Mphaphuli WHAT IS DIGBY WELLS POSITION ON THIS ASSESSMENT [email protected] having sight of the VIDEO? Cedrick Fhedzisani [email protected] DO DIGBY WELLS AGREE THAT THIS AREA CAN BE Subsequent to this response, the Regulation 29 REHABILITATED FOR a little over R500 000? Amendment Application was submitted to the DMRE for I look forward to your responses. consideration. Following the submission of this application, the DMRE issued a decision that a Regulation 31 Thank you Amendment process would need to be undertaken due to the number of concerns and complaints raised. All concerns raised in your comment have now been addressed by the Regulation 31 Amendment Report and specialist studies undertaken in support of the application.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Table 10-4: Comments and Responses Received During the Regulation 31 Amendment Phase
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution
Thank you for your email and trust you are doing well. The previous process was withdrawn to accommodate the additional specialist studies that had to be undertaken for the process. We therefore were required to resubmit an application in terms of Good Day Lucy and Graham, Regulation 31 of the NEMA [National Environmental Management Act, I hope you are well? 1998 (Act No. 107 of 1998)] Regulations, 2014 (as amended). The new application means that we are required to follow the procedural I see we meet again. Chairman: Protect requirements in terms of the Act, which requires us to redo the notices, I refer attached notifications that were put up at Vaal Eden Committee redo the interested and affected party registrations and redo the public Registration as an some obscure location. Non-Executive consultation process as well before we submit the final report. Interested and Affected Gavin Aboud 03-Mar-21 Email Please regard all previous registered IAP's Director: Federation All I&APs [Interested and Affected Parties] who were previously Party (I&AP) [Interested and Affected Parties] for the last for a Sustainable registered with the previous application do not need to re-register for this application as IAP's. Why should everyone have to Environment (FSE) project. We have however made sure the database provided includes all re-register. the I&APs. Please advise if you wish to add any further parties to the I attached lists of relevant IAP's. database. Kind Regards Once all registrations are done, we will notify you of the focus group meeting dates so that you can attend. I have, however, forwarded your email to our stakeholder consultation department and they will ensure that everyone represented here is included on the database (unless we receive instructions to the contrary).
Thank you for your email. The Regulation 31 Amendment application which has been submitted is specifically for the addition of a screening process within the currently approved mining process. Therefore, the Good day, application will not impact on the existing mining hours as previously Please forward the document that was submitted authorised. with the working hours of the mine which resulted The current operational hours are not documented in the approved Request for authorisation in obtaining the mining right referred to below. Environmental Management Programme (EMPr), the Mine Works 04-Mar-21 documents I have requested this information several times Programme (MWP) or the Social and Labour Plan (SLP). The mine has from your office and trust that the document will be indicated that their operating hours are from Monday – Friday 06:00 - sent forthwith. 16:30. This information was provided by Sweet Sensation. The page that Marianne Bilsland Vaal Oewer resident Email Thank you was provide by Mr Aboud during the public meeting which he said showed the working hours of the mine could not be verified in any of the approved documentation which was provided to Digby Wells by Sweet Sensation.
Good day, In addition to my request below please forward the As per your request, kindly find attached the comment form for your Request for an Interested Registration & Comment Form in a format that can attention. and Affected Party (I&AP) 05-Mar-21 be completed electronically. If you were previously registered, you do not have to re-register. We have registration form Please clarify whether I&APs [Interested and your contact information in our stakeholder database. Affected Parties] have to re-register?
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution Thank you
Thank you for your comment. We have captured your comment and will submit it to the DMRE [Department of Mineral Resources and Energy]. This project is already impacting the Vaal Oewer The DMRE have however approved the mining of sand for Sweet Impact of the Project Paul Foulkes Vaal Oewer resident 05-Mar-21 Email community. It should never have been allowed to Sensation based on previous document already submitted and approved start in the first place. thus this application is specifically for the inclusion of a screening process into the mining method.
Good day, Please see below responses to your questions and comments raised. I trust you are well? The link sent to other stakeholders seems to work fine and we are able to 1. Please note that the links to your website and download the report off various other external devises. However, if you your documentation are not working. still cannot access the report from the below link please let me know and I 2. Further note that we have not received this will send it via OneDrive or We Transfer. notification at the registered I&AP [Interested and The report can be accessed at the links provided below: The Savannah The Savannah Africa Affected Parties] [email protected], Africa Website: http://www.digbywellsdocs.com/PublicDocuments/ to name ONE. #Datafree: http://view.datafree.co/PublicDocuments/ Please correct these serious errors and notify ALL Access to documents and The database that we are currently utilising is the database which was 05-Mar-21 Email registered I&APs or we will be forced to notify the stakeholder engagement provided during the previous Sweet Sensation project as well as the authorities that your public participation process is database which was received on 03 March 2021. The interested party flawed from the start. was registered via cell phone and was notified, but we have now since Regards, included their email address on our database. Our database is always Chairman: Protect being updated as people register for the project. Therefore, should you Good Day, Vaal Eden Committee feel other stakeholders should also be involved please kindly provide their Please can you advise when this matter has been names, email addresses and contact information and we will register Non-Executive Gavin Aboud corrected and please amend the dates for them as well. Director: Federation commentary accordingly, for a Sustainable I hope my responses answer your questions. Please advise if I can assist Regards Environment (FSE) going forward.
Thank you for your email. Please note that this is not a new mining Re register as an IAP [Interested and Affected application. Sweet Sensations’ Mining Right (MR) is still in effect and Party] expires on 30 March 2026. This application is for the amendment of the Arnold de Beer I&AP 07-Mar-21 Email Didn't receive any documentation regarding the approved EMPr [Environmental Management Programme] (for the new mining applications. inclusion of a screening machine into the mining process). You have been Registration as an 1) Regards registered as an I&AP [Interested and Affected Party] and will receive Interested and Affected further details regarding the project. Party (I&AP) Good morning Please register 745 Vaaloewer Drive as affected Warren Van Thank you for your email. You have been registered as an I&AP I&AP 08-Mar-21 Email and interested party. Buuren [Interested and Affected Party]. Thanks Kind regards
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution
Hi Please register me as an I&AP [Interested and Thank you for your email. You have been registered as an I&AP Carl Scholtz I&AP 08-Mar-21 Email Affected Party] for this application. [Interested and Affected Party]. Tx
Thank you for your comments. Please see responses below. An Air Quality Assessment and Noise Impact Assessment were undertaken as part of the Regulation 31 Amendment Process and are The dust, pollution and noise are already appended to this report as Appendix E and Appendix F, respectively. The unbearable. It will be much worse and will pollute Sweet Sensation Project area is located 350 m from the Vaal River and the Vaal River even more. no impacts to the Vaal River are envisaged. Additionally, the impact that will arise from the inclusion of the screening machine into the mining process was found to have a negligible impact and therefore no significant impact is anticipated from the project.
An Air Quality Impact Assessment was undertaken as part of this application and mitigation measures have been proposed to minimise the We will not be able to live here anymore, our impact of dust/pollution. Additionally, the impact that will arise from the pensions will be affected by the pollution. inclusion of the screening machine into the mining process was found to have a negligible impact and therefore no significant impact is anticipated from the project.
The mine was authorised by the DMRE [Department of Mineral Resources and Energy] (competent authority) in 2016 and commenced with mining in 2017. Sweet Sensation have an approved EMPr Mr and Mrs de Impact of the Project Vaal Oewer resident 09-Mar-21 Email [Environmental Management Programme] which incorporate specific Bruyn-Clode The mine must not operate. mitigation measures they must comply with to ensure the impact to the environment is minimised. Sweet Sensation undertake annual Environmental Audits to ensure continued compliance to the conditions of the EMPr. Nonetheless, your comment/ suggestion has been noted and will be submitted to the DMRE for consideration.
Your comment is noted and has been agreed with. Based on the discussions held with the Department of Police, Roads and Transport, it was determined that there is a need to rehabilitate the SS171, however due to budget limitations the Department suggests stabilising the base of Roads have been negatively impacted by heavy the road and adding one or two layers of seal to the road surface. This trucks and need to be re-surfaced. could last 5 years with occasional maintenance. It is recommended that the mine should work together with the community to fix the road. A community group with Sweet sensation has now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community.
The environmental impacts associated with the proposed screening The environmental Impacts will be huge, our process have been assessed by various specialists specifically noise, air property values will drop. The Vaal will be polluted. quality, traffic and fauna and flora. The findings of the specialist The noise level is awful. The area is beautiful and assessments showed that the inclusion of the screening machine will
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution is being eroded and spoilt. Where is the South have negligible impacts on the receiving environment. Please refer to African pride gone? It's all about money. specialist studies appended to the Regulation 31 Amendment report for further details.
Good day Claire, 1. The link to your website no longer shows "coming soon" page. And the link to the documentation does now include the Sweet Sensations project, which was not previously the Vredefort Dome Vredefort Dome case. Registration as an I&AP 10-Mar-21 Email Thank you for the confirmation. Info Tourism Association 2. This I&AP [Interested and Affected Parties], Vredefort Dome Tourism Association, did receive the notification from your Stakeholder Engagement email address on 6 March. It appears that these errors have been corrected, thank you.
The Public Participation Process (PPP) was commenced with on 4 March 2021 through the placements of adverts, site notices and the distribution of Background Information Documents (BIDs) and notification letters which were emailed to all stakeholders registered on the database. This 1. There were no public participation from the aimed to ensure that all stakeholders were given the opportunity to Stakeholder Engagement residents. register and review all documentation that had been compiled for the project. Additionally, focus group meetings were scheduled for the 10th of April 2021. Details of the meeting were forwarded to all registered I&APs [Interested and Affected Parties].
A Traffic Impact Assessment was undertaken as part of this process and 2. We have no road to our properties because no has been appended to the Regulation 31 Amendment report which was Road Assessment studies were done by the mine. made available to the public on 04 March 2021. The report could be accessed on the following link http://view.datafree.co/PublicDocuments/. Abrie Hanekom I&AP 10-Mar-21 Email Road repair is the responsibility of the Free State Roads Department not SLP [Social and Labour 3. No bulk payments were made to the municipality the municipality. It is understood that it is not the mine’s responsibility to Plan] to be implemented so they can fix the road. make a bulk payment.
Thank you for your comment. Please note that Sweet Sensation was 4. The border was not zoned within my rights. They authorised by the DMRE [Department of Mineral Resources and Energy] Area Zoning are not allowed to mine on the ground. to mine sand on the Remaining Extent of the Farm De Pont No. 228. However, this comment will be forwarded to the DMRE.
Two years’ worth of dustfall records have been analysed and used to understand the background air quality. 5. The dust caused by the mining is above the Impact of the Project The regulation GN R827 of 1 November 2013 [National Dust Control legislative limits. As seen on attached photos. Regulations, 2013] allows for two exceedances within a year at a particular site, but not in sequential months. The exceedances occurred at two different sites, EB (East Boundary) and WB (Western Boundary) and
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution as such were within compliance. However, the updated records shown that sites EB exceeded the non-residential limit in October 2019 and November 2019 (not complaint) and WB (Nov 2019 and Dec 2019), also not compliant. The dustfall rates measured in 2020 confirm that there was only one exceedance in January 2020, but all the sites were complaint with the non-residential limit. Sweet Sensation have been made aware of the non-compliances that occurred and mitigation measures proposed to reduce these exceedances which include the use of dust suppression. The air quality impact assessment that was undertaken to assess the impact the screening machine would have on the dust already generated from the mine was conducted. The findings were that no significant changes to the dust generation would occur. However additional mitigation measures have been provided to ensure that dust generation stay within the legislative limits.
Sweet Sensation have an approved Mining Right and EMPr [Environmental Management Programme] which gives the mine permission to mine sand on the farm. Environmental Audit reports have been undertaken to determine compliance with the EMPr which indicate that the mine has a 91% compliance rating (Dated 2020). DMRE Compliance 6. They do not abide by the mining rules. [Department of Mineral Resources and Energy] regularly visit the mine to ensure the mine complies with the required legislation. To date no directives have been issued for the mine to cease mining due to the mine non compliances. Your comment is however noted and will be submitted to the DMRE for consideration.
7. They need to have Front end loaders and The mine is permitted to operate mine machinery that they need to mine Caravans. the sand as per their approved Mine Work Programme [MWP]. The Mine Works Programme is required to be updated as the mine progresses or Mining equipment 8. They have Bulldozers and Excavators etc. on any changes to the mine occurs. The update of the MWP must be the mining site. approved by the DMRE [Department of Mineral Resources and Energy]. No PPP [Public Participation Process] is required to update a MWP.
The mine was authorised to mine to a depth of 10 m and the Mine Manager has confirmed that they have only mined to a depth of about 9. They have dogged so deep as seen on the 3 m. The depth [altitude] of the Vaal River is well below the depth of the Environmental Impacts photos it is lower than the level of the river. It holds mine excavation and additionally, the distance of the mine from the Vaal a great danger to Vaal Eden, it can fluid. River means that no impact from the mine on the Vaal River is anticipated to occur.
The mining of sand at the depth it is currently authorised to mine will not have an impact on groundwater. Additionally, no contamination from the 10. Our boreholes are not functioning properly Impact of mining mining method is expected on groundwater other than the potential anymore the water is getting less and taste sour. impact associated with the [accidental] spillage of hydrocarbons; however, with mitigation measures these impacts should be mitigated.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution The impact you are having on your groundwater cannot be associated with the Sweet Sensation Sand Mine.
11. Our properties are losing their value the Mine This is not possible as mining was in the area for many years before most Declining property values must start to compensate us. owners bought their properties.
The graveyard does not fall within Sweet Sensations’ MRA [Mining Right 12. They are mining near the Graveyard and they Impact to the Graveyard Area]. Nonetheless, these graves have been included in the Heritage do not obey the 100-meter distance. Management Plan and will not be affected by the mining activities.
Your comment I noted and will be submitted to the DMRE [Department of Mineral Resources and Energy] for consideration. The environmental impacts associated with the proposed screening process have been 13. Our infrastructure and Nature are busy falling assessed by various specialists specifically noise, air quality, traffic and apart, it is causing a dangerous situation. fauna and flora. The findings of the specialist assessments showed that the inclusion of the screening machine will have negligible impacts on the Project impacts on receiving environment. Please refer to specialist studies appended to the infrastructure and nature Regulation 31 Amendment report for further details.
This is incorrect as mining takes place within the designated mine 14. There is a court order that they must stay 200 boundaries. Please note that Sweet Sensation was authorised by the meters from our border, and they still don't obey DMRE [Department of Mineral Resources and Energy] (DMRE Ref. No. that. FS30/5/1/1/2/164 MR) to mine sand on the Remaining Extent of the Farm De Pont No. 228 which is where they are currently mining.
15. The owners of the mining company said they Unfulfilled promises will upgrade the area, still nothing happened up to The mine manger asserted that this statement was never made. now we can't trust what they say they are liars.
17. The mine has cost over 100 people's jobs at Job loses Thank you for this information. Vaaloewer.
A fauna and flora Impact assessment was undertaken as part of this study. Species of Conservation Concern [SCC] were identified within the Project area (i.e., tumbleweed, African potato, African Clawless Otter and Chestnut-banded Plover). Faunal and floral habitats may succumb to fragmentation and destruction, potentially impacting floral and faunal SCC due to the mining of sand. Therefore, recommended mitigation measures 18. The Fish Eagle and some animals living in the Project impact on fauna must be proposed to reduce the impact the mine may have on the fauna area near the mining site left. and flora in the area. SCC communities will be demarcated and flagged and all staff personal will be made aware of their location to avoid there areas and if required relocate the SCC to ensure no impact occurs. The impact assessment however found that a negligible impact to the fauna and flora of the area will occur from the inclusion of the screening process.
19. This is nothing else than digging at the wrong Please note that Sweet Sensation was authorised by the DMRE Mining Right Boundary place. [Department of Mineral Resources and Energy] (DMRE Ref. No.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution FS30/5/1/1/2/164 MR) to mine sand on the Remaining Extent of the Farm De Pont No. 228 which is where they are currently mining.
20. My property is located near the mining site The mine area is fenced with appropriate warning signs (i.e. danger, Mine demarcation there are no mining fences and it's dangerous for trespassing (unauthorised access is prohibited), alert to moving the families living there. machinery, operating hours, etc.).
A noise and air quality study were undertaken as part of this application. 21. The noise of the screening machine makes and The findings of both studies showed that the inclusion of the screening the dust it will generate is unacceptable. machine will have a negligible noise and dust impact. Impact of the Project 22. No mining employees are living on site or in the Thank you for your comment it has been noted and submitted to the area this is why they don't realise what the DMRE [Department of Mineral Resources and Energy] for consideration. residents are going through.
23. The road is the only way to get to our The Department of Roads and Transport is responsible for repairing or properties the Mine was supposed to fix it but fixing the road. The mine assists the Department with road repairs. It is Road condition nothing was done. They must be stopped; they are recommended that the mine and community should work together with not within the mining law. the Department to maintain the road.
Sweet Sensation have an approved Mining Right (DMRE Ref. No. FS30/5/1/2/2/10018 MR) and EMPr [Environmental Management Programme] which gives the mine permission to mine sand on the farm. Environmental Audits have been undertaken to determine compliance with conditions of the EMPr and indicated that the mine has a 91% compliance rating (Audit Report Dated 2020). The DMRE [Department of Authorisation to mine 24. They are mining illegally. Mineral Resources and Energy] regularly visits the mine to ensure the mine complies with the required legislation. To date no directives have been issued for the mine to cease mining due to the mine non- compliances. Your comment is however noted and will be submitted to the DMRE for consideration.
Sweet Sensation have an approved Mining Right (DMRE Ref. No. FS30/5/1/2/2/10018 MR) and EMPr [Environmental Management Programme] which gives the mine permission to mine sand on the farm. Mitigation measures included in the EMPr aim to reduce the impact the mine is having on the environment and to rehabilitate the area to as close to the natural environment as possible. A rehabilitation audit was Impact of mining in the 26. Our beautiful environment has turned into a undertaken to assess whether the mine is rehabilitating the area correctly. area dessert. The findings of the audits has been included in the Regulation 31 Amendment report as an appendix; however, a summary is also provided below. The rehabilitation audit took place on 4 November 2020. It was determined that the rehabilitation has not yet been undertaken to a satisfactory level. Various recommendations were provided within the report:
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution ● Rip along the contours (to 600 mm) to improve soil aeration, water infiltration, seed germination and root penetration, as well as reduce erosion; ● Application of 600 kg/ha limestone within the sandy and loamy- sand soils and 1100 kg/ha limestone within the sandy-loam soils to increase the soil pH, soil fertility, plant available nutrients and increased CEC [Cation Exchange Capacity]; ● Application of 200 kg/ha mulch, 250 kg/ha N:P:K (3:2:3) and 50 kg/ha superphosphate to increase soil pH and plant available nutrients; ● Creating a vegetation cover resistant to low pH soils; ● Seeding with indigenous, fast growing species to improve basal cover and assist with erosion. Hydroseeding is recommended as the seeds can be mixed with mulch, fertiliser, lime, and binding agents; and ● Application of 50 kg/ha superphosphate six months after liming has occurred with addition of 250 kg/ha N:P:K (3:2:3), to increase pH, CEC and soil fertility. It was recommended that these interventions are implemented, and a further rehabilitation audit be undertaken to ensure that the rehabilitation measures implemented are on a trajectory to meet a sustainable end land use.
The sand mining operation is not associated with the release of fresh 27. We were supposed to go for lung test every 3 silica therefore the air quality specialist does not see any risk associated Impacts on health months because of the Silica Sand they are with silica on human health. In addition, it is not the mine’s responsibility mining. to do medicals on people not employed at the mine. Nonetheless, no impacts are envisaged.
Unfulfilled promises 28. It's only empty promise from their side. Thank you for your comment it has been noted.
Dear Claire Please see the WhatsApp number that was provided by the Digby Wells Engagement Office. The Vaaloewer Ratepayers Association humbly Preferred method of Aragea Holland- Vaaloewer Ratepayers The WhatsApp number was activated, and all comments received from 10-Mar-21 Email requests activation of this WhatsApp contact communication Fredericks Association this number have been captured on the Comment and Response Report. number to accommodate the electronic communications and pamphlets that were distributed. Best regards
Chairman: Protect Good Day Claire, Digby Wells will be conducting a FGM [Focus Group Meeting] to discuss Focus Group Meeting Gavin Aboud Vaal Eden Committee 10-Mar-21 Email I refer mail below. the project and your issues/ concerns about the project on 10 April 2021. Non-Executive Please note WhatsApp number. The FGM date falls outside the 30-day review period and therefore, due
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution Director: Federation Kindly note that regarding the 4-week notice to several requests received from the I&APs [Interested and Affected for a Sustainable period, if you cannot make your arrangements Parties] we have extended the consultation period until 12 April 2021. Environment (FSE) timeously and give us the required 4-week notice period, that is your problem, not ours. Many residents of Vaaloewer only come on weekends and thus it will take time for us to prepare them for the meeting, Apply for an extension, but do not pass your inefficiencies on to us.Kind Regards
Good Day Claire, Further to my mail below. We do wish to accommodate you and therefore we propose to conduct Please ensure all meetings are arranged for a the focus group meetings on 10 April 2021. Saturday. We will then extent the commenting period to 12 April 2021. We all have day jobs, Kind Regards
Good day Claire, Thank you for your reply, however, the operational hours of the mine must have been documented in order for the mining right to be granted. There is no doubt that there will be additional noise with the screening process, and this will affect the community of Vaaloewer, where I permanently Thank you for your email. The Regulation 31 Amendment application reside. which has been submitted is specifically for the addition of a screening I refer to the email sent by Gavin Aboud to Lucy process within the currently approved mining process. Therefore, the Stevens & Graham Truter of Digby Wells on application will not impact on the existing mining hours as previously 13/07/2020 in which the following was noted: authorised. ‘Lastly Bob brought up the point that you The current operational hours are not documented in the approved Mining operational hours categorically state that your specialists have all Environmental Management Programme (EMPr), the Mine Works Marianne Bilsland I&AP 11-Mar-21 Email and impact of the project signed a declaration of independence, investigate Programme (MWP) or the Social and Labour Plan (SLP). The mine has and report on environmental impacts etc. As said indicated that their operating hours are from Monday – Friday 06:00 - at the meeting we indicated that the inference is 16:30. This information was provided by Sweet Sensation. The page that made in your report that Dorean was one of your was provide by Mr Aboud during the public meeting which he said specialists. The fact of the matter is that you now showed the working hours of the mine could not be verified in any of the say you do not know them at all and that their approved documentation which was provided to Digby Wells by Sweet environmental survey was given to you by Sweet Sensation. Sensations. We have requested at our cost to do an environmental audit and Sweet Sensations have refused. You are requested to set the record right with the DMRE and advise them that Dorean is not known to you and are not registered. From the above, I am sure that you will understand why it is not tolerable for you to just accept the
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution hours provided by the applicant, without supporting documentation. I look forward to your reply. Thanks, and regards,
Thank you for your email. The Regulation 31 Amendment application which has been submitted is specifically for the addition of a screening process within the currently approved mining process. Therefore, the application will not impact on the existing mining hours as previously Good Day Claire authorised. This is a further request for the document that was The current operational hours are not documented in the approved submitted with the working hours of the mine which Request for issued Environmental Management Programme (EMPr), the Mine Works 24-Mar-21 Email resulted in obtaining the mining right for Sweet authorisations Programme (MWP) or the Social and Labour Plan (SLP). The mine has Sensations Mine. indicated that their operating hours are from Monday – Friday 06:00 - I trust you will oblige. 16:30. This information was provided by Sweet Sensation. The page that Thank you. was provide by Mr Aboud during the public meeting which he said showed the working hours of the mine could not be verified in any of the approved documentation which was provide to Digby Wells by Sweet Sensation.
A noise and air quality study were undertaken as part of this application. How do you think the Noise and dust from the machinery and vehicles. The findings of both studies showed that the inclusion of the screening project might impact you? machine will have a negligible noise and dust impact.
How do you think the Homeowners would not stay, and property values Thank you for your inputs. Your comment has been noted and submitted project might impact your would drop. Employees from neighbouring the DMRE [Department of Mineral Resources and Energy] for socio-economic communities would lose their jobs. consideration. conditions? Mr E.J White I&AP 11-Mar-21 Email Sweet Sensation have an approved Mining Right (DMRE Ref. No. FS30/5/1/2/2/10018 MR) and Environmental Management Programme How can these impacts (EMPr) which gives the mine permission to mine sand on the farm where be managed, avoided Find another place far from a residential area. mining is currently taking place. Sand is a resource utilised to build and /or fixed? infrastructure, etc. The mine plan is based on the location of mineral resources and the approved Mining Right. Impacts the mine may have on residential areas can be mitigated.
1. The noise from the machinery will result in a noise pollution. Thank you for your email. Please see responses to your comments How do you think the 2. Dust pollution will affect my life directly as I and below. project might impact Penny Ludorf I&AP 13-Mar-21 Email located right across from the mining area. This environmental application is specifically for the inclusion of the (affect) you? 3. The machinery will be an eye sore in an area screening process into the mining method. The mining of sand by Sweet which should be farming, or grass land with the Sensation has already been approved and therefore the existing attendant animals.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution Environmental Management Programme (EMPr) will remain applicable to the mine. Various specialist investigations (i.e., noise and air quality study) were How do you think the undertaken as part of the amendment application. The findings thereof project might impact indicated that the inclusion of the screening machine will have negligible (affect) your socio- This development will certainly decrease the value dust and noise impacts. economic conditions? of my property as it will be an eye sore and also a The Regulations 31 Amendment Report (incl. associated appendices) has (e.g., livelihoods, farm, noise hazard. been made available for public review which will be completed on 12 April business, 2021. The report can be accessed on the following link: household) http://view.datafree.co/PublicDocuments/. Please note that a property value assessment was not part of our scope. However, your comment has been noted and will be submitted to the DMRE [Department of Mineral Resources and Energy].
How can these impacts Thank you for your email. Your objection/suggestion has been noted and be managed, avoided Don’t do it!! will be forwarded to the DMRE [Department of Mineral Resources and and / or fixed? Energy].
If you are a landowner or occupier, what is your For living in an area that encourages wildlife and is land currently being used peaceful. for? Thank you for the information. Please note that a fauna and flora study Are there any was undertaken as part of this application to ensure that species of environmental, social or conservation concern will not be affected. heritage features on the Not that I am aware of. proposed project area we need to be aware of?
Please note that a traffic impact study was undertaken by Zutari. The study concluded that given the existing low traffic volumes on the existing I am sure that the roads across the River will be Do you think the project road, the low additional volumes (if any) that will be generated by the impacted by increased traffic and as the owners could impact (affect) proposed screening plant, are expected to have a negligible impact on the have proved in the past, they are not prepared to infrastructure you might project road. It is however acknowledged that this road was never upgrade the road structure even though they have? (e.g., houses, designed to accommodate the heavy vehicle traffic that is being probably did say that they would do this – they lie buildings, roads) generated by the mine. A community group with Sweet Sensation has about any of their commitments. now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community.
Don’t do this development as this is the only way If so, how can these we can be assured that the environment will not be impacts (affects) be Thank you for your suggestion. This has been noted and will be submitted destroyed – the owners have proved in the past managed, avoided or to the DMRE [Department of Mineral Resources and Energy]. that they cannot be trusted to abide by their fixed? commitments.
From my comments above I am sure that you A noise study conducted by a qualified noise specialist were undertaken General Comments realize that the developers are not to be trusted as part of this application. The findings of the study showed that the and therefore I am very concerned that they will inclusion of the screening machine will have a negligible noise impact.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution destroy my lifestyle here and, in the process, I will Mitigation have however been proposed to ensure the nose levels remain lose the value of my property. within the approved legislative limits. Should the mine exceed these noise An organization came and set up a noise recording levels further action can be taken against the mine. The mine is required in my garden facing the mining area – there was no to continue to undertake regular noise monitoring to ensure noise levels activity at this time so must I assume that this will are complied with applicable legislation. be the base noise rate for living here? If they do start operations and do another noise level check, it will be too late for us to do anything about it when the noise level is great. Common sense tells one that there will be noise (as the previous operation proved) and nothing will be done to sort out this problem.
Thank you for your email correspondence. Please note that the Covid-19 Regulations (GN R650 of 5 June 2020) as they relate to national environmental management permits, in conformance with Alert Level 1 as adjusted (GN R151 of 28 February 2021) which applies nationally requires careful consideration when undertaking public consultations in order to curb the spread of the Covid- Good morning, 19 pandemic. Hoping you are well? As such, the general difference between the two types of meetings is I haven’t been paying enough attention to the namely: Request for clarity on Renee de Jong legalities of mining applications lately and I have a I&AP 20-Mar-21 Email ● Public meetings are a larger gathering of people which if held will stakeholder engagement Hartslief question: contravene the legislative requirements as indicated above; Is a FGM [Focus Group Meting] the same thing as ● Whereas a Focus Group Meeting (FGM) is restricted by the a Public Participation meeting? number of people that are permitted to attend. Regards, Digby Wells is thus undertaking FGMs to comply with the regulations and has arranged for multiple sessions to ensure that all those interested and affected by the project are consulted accordingly. The FGMs still form part of the Public Participation Process and the presentation is standardised for all sessions held. Hope this clarifies your question.
In terms of the approved EMPr [Environmental Sweet Sensation is currently implementing the mining method as Management Programme] of Sweet Sensation indicated in the approved EMPr [Environmental Management Vaal Sands (Pty) Ltd (Sweet Sensation), Sweet Programme]. The Environmental Audit of the EMPr indicated that the Sensation was required to: mine is stripping and stockpiling the topsoil and this material is utilised for Federation for • stockpile the stripped topsoil and to utilise the the rehabilitation of the area once the sand has been removed. The earth Mining Process Mariette Liefferink Sustainable 22-Mar-21 Email topsoil during rehabilitation; moving equipment is limited to a front-end load/ excavator. The mine is Environment • limit the earthmoving equipment to a front end not mining deeper than 10 m. The mine was authorised to mine to a loader /excavator; depth of 10 m and the Mine Manager has confirmed that they have only • open only one strip at a given time; mined to a depth of about 3 m. However, it was recorded by the • mine not deeper than 10 metres; rehabilitation audit that rehabilitation had not yet been completed • conduct concurrent (progressive) rehabilitation of
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution the disturbed areas, which include sloping, adequately and that further measures needed to be implemented to replacement of the topsoil and the establishment ensure rehabilitation was successfully implemented. and maintenance of vegetation. The FSE [Federation for a Sustainable Environment] and members of the Vaal Oewer community have alleged that Sweet Sensation was in the past and currently in non-compliance with the abovementioned management and mitigation measures.
A rehabilitation audit was undertaken to assess whether the mine is rehabilitating the area correctly. The findings of the audits have been included in the Regulation 31 Amendment report appendices; however, a summary is also provided below. The rehabilitation audit took place on 4 November 2020. It was determined that the rehabilitation has not yet been undertaken to a satisfactory level. Various recommendations were provided within the report: ● Rip along the contours (to 600 mm) to improve soil aeration, water infiltration, seed germination and root penetration, as well as reduce erosion; ● Application of 600 kg/ha limestone within the sandy and loamy- sand soils and 1100 kg/ha limestone within the sandy-loam soils to An in loco inspection was conducted by the DMRE increase the soil pH, soil fertility, plant available nutrients and [Department of Mineral Resources and Energy] increased CEC [Cation Exchange Capacity]; with the FSE [Federation for a Sustainable Environment] of Sweet Sensation’s operations on ● Application of 200 kg/ha mulch, 250 kg/ha N:P:K (3:2:3) and Rehabilitation Audit by the 7th of September 2020. The site visits adduced 50 kg/ha superphosphate to increase soil pH and plant available the DMRE [Department of physical evidence of Sweet Sensation backfilling nutrients; Mineral Resources and the open pits with a dozer but not of progressive Energy] ● Creating a vegetation cover resistant to low pH soils; rehabilitation and intervening actions, including ● Seeding with indigenous, fast growing species to improve basal engineering interventions, with the aim to improve cover and assist with erosion. Hydroseeding is recommended as the land area to a sustainable future land use. the seeds can be mixed with mulch, fertiliser, lime, and binding There was no evidence of seeding or vegetation. agents; and ● Application of 50 kg/ha superphosphate six months after liming has occurred with addition of 250 kg/ha N:P:K (3:2:3), to increase pH, CEC and soil fertility. ● It was recommended that these interventions are implemented, and a further rehabilitation audit be undertaken to ensure that the rehabilitation measures implemented are on a trajectory to meet a sustainable end land use. It is recommended that these interventions are implemented, and a further rehabilitation audit is undertaken to ensure that the rehabilitation measures implemented are on a trajectory to meet a sustainable end land use.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution The DMRE [Department of Mineral Resources and Energy] provided a response to the allocations against Sweet Sensation Dated 6 October 2020 and based on the findings of the site visit the DMRE did not issue Sweet Sensation with a directive for any non-compliances identified.
The audit found that “the rehabilitation has not been undertaken to a satisfactory level yet” and that: • The area has not been shaped in some areas and has been shaped incorrectly in other areas. • There are instances of erosion, uneven shaping/landscaping, a large depression and small depressions scattered throughout. • The correct shaping should be undertaken as concurrent rehabilitation to inter alia reduce dust pollution. In this regard it should be noted that Vaal Oewer residents have complained of significant dust fallout caused by Sweet Sensation’s operations. • The areas which have been shaped, albeit incorrectly, remain bare without vegetation, which Thank you for your comments and concerns raised. These have been is resulting in erosion. captured and submitted to the DMRE [Department of Mineral Resources and Energy] for consideration. It must however be considered that Sweet Sensation is required to inter alia: regardless of whether the application is approved or not, Sweet Sensation Rehabilitation Audit by • Rip the contours to improve soil aeration, water is required by law to improve the rehabilitation being undertaken and Digby Wells infiltration, seed germination and root penetration implement the recommendations stipulated in the rehabilitation audit. It as well as erosion. has been recommended that a follow up rehabilitation audit be conducted • Apply limestone within the sandy and loamy-sand to assess the progress made on the area and identify further ways to soils to increase the pH of the soil, soil fertility, improve the implementation of the rehabilitation. plant available nutrients and increased Cation Exchange Capacity. • Apply mulch and superphosphate to increase the pH of the soil and plant available nutrients. • Create a vegetation cover resistant to low pH soils. • Seed with indigenous, fast growing species to improve basal cover and assist with erosion. 2. The Chamber of Mines of South Africa/Coaltech’s (2007) Guidelines for the Rehabilitation of Mined Land, which “apply to all forms of mining, both surface and underground and all mineral extraction industries” have relevance. The Guidelines address soil stripping, soil stockpiling, landform changes, landform re-
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution creation, soil replacement, soil amelioration, revegetation and biodiversity re-establishment, dealing with problem areas, etc. It behooves Sweet Sensation to implement the Guidelines in its concurrent rehabilitation activities e.g., ripping must penetrate through soil into the underlying overburden materials in order to ensure free drainage and to ensure root penetration; immobile fertilisers should be incorporated into the plant rooting zone; surface tillage should produce an acceptable seedbed for the vegetation to be established, etc. The Rehabilitation Audit found that the soils are acidic. According to the Guidelines lime should be incorporated throughout the acid soil horizon since there is no leaching of lime downwards. 3. In terms of Digby Well’s Rehabilitation Audit, it is stated that: “…although Sweet Sensation aims to re-mine the areas if the screening process is approved, they are still required to rehabilitate the area until such time.” (Emphasis added.)4. The FSE [Federation for a Sustainable Environment], in the light of the aforesaid, requests the DMRE not to authorise the Application for amendment to include the screening process into a new approved EMPr unless Sweet Sensation can adduce physical evidence of concurrent or progressive rehabilitation and compliance with the recommendations of the Rehabilitation Audit by Digby Wells’ bio- geomorphologist.
Two years’ worth of dustfall records have been analysed and used to According to the Air Quality Specialist Study the understand the background air quality. The regulation GN R827 of 1 dustfall data for 23 months of monitoring at four November 2013 [National Dust Control Regulations, 2013] allows for two sites show dustfall rates were in exceedance of the exceedances within a year at a particular site, but not in sequential non-residential limit in sequential months at two months. The exceedances occurred at two different sites, EB (East Federation for monitoring locations, EB (East Boundary) in Boundary) and WB (Western Boundary) and as such were within Air Quality Mariette Liefferink Sustainable 22-Mar-21 Email October and November of 2019 and at WB compliance. However, the updated records shown that sites EB exceeded Environment (Western Boundary) in November and December the non-residential limit in October 2019 and November 2019 (not of 2019. According to our understanding the complaint) and WB (November 2019 and December 2019), also not permitted frequency of exceedances is two within a compliant. The dustfall rates measured in 2020 confirm that there was year but not in sequential months. If our only one exceedance in January 2020, but all the sites were complaint understanding is correct, Sweet Sensation was in with the non-residential limit. Sweet Sensation have been made aware of
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution non-compliance and we are not aware of any the non-compliances that occurred and mitigation measures proposed to enforcement of these non-compliances. reduce these exceedances which include the use of dust suppression. The air quality impact assessment that was undertaken to assess the impact the screening machine would have on the dust already generated from the mine was conducted. The findings were that no significant changes to the dust generation would occur. However, additional mitigation measures have been provided to ensure that dust generation stay within the legislative limits.
According to the above-mentioned Specialist Study, the 90th percentiles of the dustfall data measured were below 1200 mg/m2/d and that the This means for most of the time deposition rates were lower than the limit non-residential dust fallout rates for the proposed value (1 200 mg/m2/d). screening process are anticipated to be compliant with the non-residential limit if mitigation measures are implemented.
Of concern is: Firstly, the monitoring period for the Air Quality Dustfall data covered January – December 2019 and January – Specialist study was from 4 February 2019 to 11 December 2020. Both periods covered the late winter and early spring March 2019, which excludes the late winter and seasons. early spring months, when wind speeds peak.
The monitoring locations selected by Cymbidium Labour Consultants CC Secondly, the fact that there are residential were within the MRA [Mining Right Area], hence, were correctly classified properties in close proximity (between 100 to 200 as non-residential sites. The main reason for selecting these locations metres) from Sweet Sensation’s operations, which was to assess the dustfall rates at the eastern, northern, southern and necessitate Sweet Sensations’ adherence to the western boundary. As recommended in the air quality report, additional residential dust fallout limit of 600mg/m2/d and not sites can be added to the network, preferably, residential sites. Once this the non-residential limit of 1200mg/m2/d. is done these sites can be classified as “residential” and the residential limit will apply.
Thirdly, the averaging period of monitoring This comment is valid, however, the dustfall methodology is proven to be weakens a quick response to short-term episodes effective and recognised by law (GN R827 of 2013) [National Dust Control of dust fallout. The monthly monitoring is not Regulations, 2013]. Short-term dust episodes are inevitable, however, suitable to deal timeously to complaints from with the implementation of the proposed mitigation measures in place the sensitive receptors. frequencies of mine related dust episode can be reduced.
According to the Air Quality Specialist Study it is The mine is committed to dust monitoring in the existing EMPr crucial that the emissions from Sweet Sensation’s [Environmental Management Programme], which is legally binding and operations be curtailed. The historical and current therefore Sweet Sensation must continue to undertake dust monitoring performance of Sweet Sensation inspires little and report on exceedances. Mitigation measures proposed as part of this hope that the emissions will be adequately assessment must be implemented to reduce the dust that is generated by curtailed. According to the testimonies of residents the mine and screening process should it be approved. It is however of Vaal Oewer, mitigation and management agreed that further rehabilitation efforts must be undertaken to ensure that interventions are often not implemented and the impact from the sand mine is mitigated on areas where sand mining enforced, with resultant health impacts. Many has been completed. .
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution areas, which were previously mined, remain bare without vegetation. Only one water truck is currently intermittently employed to ameliorate the dust from a significant number of trucks that continuously enter and exit the operations.
Proposed air quality mitigation measures, namely to: • Apply dust suppressants, and binders on exposed areas and haul roads; • Conduct activities judiciously and limit operation Agreed. These mitigation measures included as part of this application to non-windy days (with windspeed ≤ 5.4 m/s); will be submitted to the DMRE [Department of Mineral Resources and • Keep the area of disturbance to a minimum and Energy] for approval. Sweet Sensations must ensure compliance with the avoid any unnecessary clearing, digging, or currently approved EMPr [Environmental Management Programme] as scraping, especially on windy days; Proposed air quality well as this amended EMPr (should it be approved). The EMPrs will be • Minimise the drop heights when loading onto mitigation measures audited to determine compliance with the conditions and findings thereof trucks and at tipping points; Set maximum speed will be submitted to the DMRE and made available to I&APs [Interested limits and have these limits enforced; and Affected Parties] for comment and review. Stakeholders are currently • Enclosure for the screening circuit; and notified of the availability of the Environmental Audit report via an advert • Monitor the air quality management measures placed in the Star and the Parys Gazette. and information to ensure that adopted mitigation measures are sufficient and efficient to achieve current air quality standards at the MRA boundary and the closest receptorsexist in vain if not implemented and enforced.
The FSE [Federation for a Sustainable Environment] requests the DMRE not to authorise the application unless Sweet Sensation in terms of the proposed National Dust Control Regulation 15 develops and implements a dust management plan prior to undertaking the screening activity and Thank you for your comment. The FSE’s [Federation for Sustainable takes the necessary steps to prevent not only Environment] request will be forwarded to the DMRE [Department of Federation for a nuisance but health nuisance* by dust. Sustainable Environment Mineral Resources and Energy] for their consideration. The FSE furthermore calls for the establishment of (FSE) request to DMRE The Mine Manager has already established a forum for the mine and a forum where affected parties can raise their community to work together through specifically identified individuals. concerns and where Sweet Sensation presents its monthly dust fallout data. *(“health nuisance” means a situation, or state of affairs, that endangers life or health or adversely affects the well-being of a person or community - National Health Act, 2004.)
While cognisance is taken of the Digby Well’s On 22 April 2021, the Minister of Forestry, Fisheries and the Environment, Closure Cost Assessment argument “that Sweet Sensations is an existing published notice of her intention to again amend the transitional operation with an approved Mining Right and
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution based on the transitional arrangements of GN arrangements contained in the NEMA Financial Provisioning Regulations, R1147, can still calculate the closure cost using the 2015 ("FP Regs"), for the third time (GNR 371 of 22 April 2021). DMRE Guideline”, we respectfully dissent. We The FP Regs were published on 20 November 2015 and created a submit that the current application to include a provision which is applicable to holders of prospecting or mining rights screening process in the Sweet Sensation’s who applied for such rights before 20 November 2015, regardless of operations falls outside the prescribed time period when the right was obtained. The effect of this provision was that the of the transitional arrangements hence justifies a holder of such rights must currently comply with the FP Regs no later than calculation of closure costs in terms of the 2015 19 June 2021. Until finally transitioned, such holders are regarded as Financial Provisioning Regulations (GN R1147). having complied with the provisions of the FP Regs if the holder continues The closure cost calculation ought to be conducted to comply with the old Mineral and Petroleum Resources Development de novo since the operations now include Act, 2002 system of calculating and annually assessing its financial screening and an amendment/addendum to the provisioning for rehabilitation and closure. approved EMPr. The new amended EMPr is still to The proposed amendment seeks to further extend the transition date for be approved. compliance to 19 June 2022. In terms of the 2015 Financial Provisioning Therefore, Sweet Sensation is thus required to ensure compliance with Regulations an Applicant or an existing holder of a the provision of these new financial regulations by 19 June 2022. mining right is required to determine, provide, set aside, maintain and manage financial security for undertaking progressive rehabilitation, decommissioning, closure and post closure activities.
Digby Wells Environmental (Digby Wells) conducted an independent technical peer review of the mine closure cost assessment (CCA) done by Dorean Environmental Services CC (Dorean) for Sweet Sensation in Digby Wells assumption and limitations: 2020. The review was done in accordance with the requirements of the We have furthermore taken note of the MPRDA [Mineral and Petroleum Resources Development Act, 2002 (Act assumptions and limitations in terms of Digby No. 28 of 2002)]. Therefore, regardless of these assumptions, Digby Wells’ assessment of the closure cost, namely that: Wells did not calculate the CCA but rather reviewed whether the CCA 1. No site visit was conducted. completed by Dorean was acceptable. 2. No due diligence was carried out. The key findings are discussed below: 3. The specialist environmental impact reports ● The report indicates that the environmental sensitivity of the area associated with the site were not reviewed. is classified as Medium sensitivity class (as stipulated in the DMRE 4. Only spot checks in terms of the alignment of Guidelines). However, the CCA model made use of a Low infrastructure and disturbed mining areas were sensitivity class. Using a Low sensitivity class changes the conducted. multiplication factor from 0.52 to 0.04 which ultimately affects the rate used. This is therefore incorrect; and the multiplication factor The above-mentioned assumptions and imitations should be amended to 0.52; in the CCA may well result in an underestimation of the risks and as a consequence, an inaccurate ● The DMRE Guideline requires that a cost for general rehabilitation determination of the financial provision. (Component 10) should be included for any disturbed footprints referring to all infrastructure and footprints that were cleared for mining. No cost for general rehabilitation has been included in the CCA;
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution ● A water management cost (Component 13) should be included and linked to the open pit area. The CCA does not include a cost for water management; ● Based on the analysis of the infrastructure layout map, it is clear that the infrastructural and disturbed footprints don’t align with the current quantities within the CCA; and ● The 6% inflationary increase on the Master Rates since 2019 is higher than the current average inflation rate from StatsSA. The current average inflation rate for September is 3,31%2 published by StatsSA. The 2005 rates have been escalated annually using the published average annual inflation rates obtained from StatsSA and this differs from what is used in the closure cost assessment.
The precautionary principle in determining the Digby Wells only did a desktop review on Dorean’s Financial Provision risks, including latent and residual impacts, and based on the DMRE [Department of Mineral Resources and Energy] financial provision ought to apply since the area guidelines and not a third-party Closure Cost Assessment, which includes being mined is located 350 m south of the Vaal the cost for mitigating latent and residual impacts. River, a vital water resource.
We think it relevant to here refer to the recent Report by the South African Human Rights Commission (SAHRC) on the sewage pollution of Thank you for your comment. It is agreed that the Vaal River is currently the Vaal River. It was found that 19 million under major strain from the sewage pollution and other impacts. Mining is persons depend on the Vaal River for drinking, also having an impact on the Vaal River. It is however noted that the domestic and commercial use. It was furthermore Sweet Sensation sand mine is located 350 m away from the Vaal River found that the sewage problem in the Vaal is a and therefore, minimal impact from the sand mine is anticipated to occur Federation for crisis and that the Vaal River is polluted beyond from the mining activities. The approved EMPr [Environmental Water quality Mariette Liefferink Sustainable 22-Mar-21 Email recovery. The recent instream water quality results Management Programme] currently provides mitigation measures to Environment from Rand Water show an e-coli count of 9 million ensure the impact to the surface water resource is reduced and Sweet counts per 100 ml at the Rietspruit @ Sebokeng. Sensation have permission to mine in this area. The pollutant load (water environmental carrying The inclusion of the screening machine will not result in an expansion or capacity) of the Vaal River disallows for additional any change to the current mining area and therefore the inclusion of the stress from sand mining whether because of screening machine will not have any further impact to the surface water or siltation, degradation of the water quality of the Vaal River. river, changes in the river flow, and decreasing the river flow
We now refer to Digby Well’s review of Dorean a) This is correct, the DMRE Guidelines indicate that this should be Digby Wells’ review of Federation for Environmental Closure Cost Assessment. Digby classified as a Medium Sensitivity class. However, Dorean responded Dorean Environmental Mariette Liefferink Sustainable 22-Mar-21 Email Well’s found: that the sensitivity class of the area is in fact low. Dorean accepted Closure Cost Assessment Environment 1. The Risk Class C rating and generally layout that the allocation of medium was done in error. Dorean also stated map by Dorean’s Report was accepted as correct that the multiplication has always been allocated as low and
2 http://www.statssa.gov.za/publications/P0141/P0141September2020.pdf
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution even though Dorean’s Closure Cost Assessment determined with a multiplication factor of 0.04 for the last 3 years with (CCA) contained the following inaccuracies: no negative feedback form the DMRE. a. In terms of the DMRE Guidelines the area is b) This is correct. Dorean responded that there is no denuded area left classified as a medium sensitivity class. over after all the classified disturbed areas and roads have been Conversely, Dorean’s CCA classified it as a low rehabilitated and quantities were determined using the surveyed sensitivity class, which affected the rate used. mining plan and not Google earth. The review does not consider that b. No cost for general rehabilitation of disturbed the landowner wants the compound area to remain for farming footprints has been included in Dorean’s CCA. activities post closure. Fire breaks do not have to be rehabilitated. c. No cost for water management was included in c) This is correct. The DMRE Guidelines indicate that component 13 Dorean’s CCA. should link with Component 6. Dorean responded that the open pit does not contain any water to be managed. The sandy nature of the d. There is a misalignment between the soil does not allow pooling of water. infrastructural and disturbed footprints and the current quantities within the CCA, etc. d) Digby Wells based there finding on the information received including layout maps. Google earth was used to compare the Dorean map We find the following response by Dorean with Google earth. Roads was verified and discrepancies were found Environmental to Digby Wells’ finding and with regards to the size of the road footprint. Dorean respond that recommendation that “no cost was included for there are no perimeter roads. These are fire breaks as required by water management; this component should link law. These will not be rehabilitated; and the road through the middle with Component 6 as stipulated in the DMRE of the mining area is a district road and will not be rehabilitated. Guideline” perplexing. Dorean Environmental responded that “the open pit does not contain any e) This is correct. The photographs do indicate pooling of water. water to be managed. The sandy nature of the soil does not allow pooling of water.” The photographic evidence as contained in Digby Wells’ Rehabilitation Audit Report adduces evidence to the contrary. In the subjoined photographs there is clear evidence of pooling of water.
The Digby Wells Assessment concluded inter alia that: The Traffic Impact Assessment concluded that given the existing low ● The SS171 is a secondary spatial road and traffic volumes on the existing road, the low additional volumes (if any) currently cannot carry the heavy vehicle traffic from that will be generated by the proposed screening plant, are expected to Sweet Sensations Mine, highlighted by the have a negligible impact on the project road. It is however acknowledged pavement distresses. that this road was never designed to accommodate the heavy vehicle Federation for ● Sweet Sensations mine contributes to all the traffic that is being generated by the mine. The Department of Roads and Traffic Impact Study Mariette Liefferink Sustainable 22-Mar-21 Email heavy vehicle traffic using the SS171. Transport is responsible for the maintenance of the road. However, it was Environment ● The current maintenance approach adopted by indicated that there are budget limitations. It is therefore recommended the Department of Police, Roads and Transport is that the mine and community should work with the department to not sustainable in the long run. rehabilitate the road. A community group with Sweet Sensation has now The FSE requests that the DMRE refuses to been set up where these issues can be discussed, and a way forward authorise the Application unless Sweet Sensation agreed to by the mine and the community. undertakes to repair the SS171 since it is responsible for its wear and tear. It should be
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution noted that the damages to the SS171 as a result of Sweet Sensation’s operations are impacting adversely on residents within Vaal Oewer and visitors to the area.
The FSE will submit additional comments pending General comment Noted, thank you Mariette. the focus group meeting on the 10th of April 2021.
Stakeholder Engagement Team, Please find this email as my registration as an affected, concerned & objector party to the Thank you for your email. You have been registered as an I&AP amended mining application. [Interested and Affected Party]. Please note that a Focus Group Meeting I write this as a normal person with no or very little will be held on 10 April 2021. knowledge relating to mining and the working of The aim of the meeting is to present the project findings, provide you with Registration as an I&AP applications, objections, laws etc. relating to it. The the opportunity to ask questions, raise concerns, etc. thus, clarity will be problem as an individual is that although there are provided during this meeting. laws governing and prescribing how Mining Please kindly confirm your attendance of the meeting via reply to this Companies may operate and also protecting the email. public, it is just to complicate for the general public or person on the street to understand all these complicated issues and how to deal with it.
I reside as the landowner on portion 80 Zeekoefontein on the river which is just directly opposite Woodland’s farm portions and next to Vaaloewer (see some pic’s for info). I have been Thank you for this comment. Please note that the mine is already AJS Beleggings / living in Vaaloewer area since 1980 and selling Martin Struwig 26-Mar-21 Email operational, and that the mine is not applying for a new Mining Right. Investment Trust property here since 1990. Sweet Sensation is applying for an amendment to their approved EMPr Due to the current political and economic climate [Environmental Management Programme] to add a screening process to and pollution of the Vaal River due to untreated their mining method. The potential negative environmental impacts Impact of extensive sewerage discharged by Municipalities, it has associated with the inclusion of the screening process were investigated mining already impacted negatively on property sales, by various specialist studies. The studies found that the proposed tourism in the area, job losses etc. and with amendment will have negligible negative impacts on the environment. extensive mining in the area it will just make things Additionally, mitigation measures have been proposed to reduce these worse. The only people to gain from mining will be impact that may occur. Your comment is however noted and has been government in form of taxes, the few parties submitted to the DMRE [Department of Mineral Resources and Energy] involved, very few jobs and specialised people who for consideration. will come from main towns/ cities anyway. So very little of the income derived from the mining of sand will be spent locally.
Thank you for your email. The Regulation 31 Amendment application I am situated across the river from the mining area which has been submitted is specifically for the addition of a screening Noise impacts and and due to the landscape, we could hear the process within the currently approved mining process. Therefore, the operational hours movement of heavy equipment from the sand application will not impact on the existing mining hours as previously mining activities which can be heard from the very authorised.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution early morning hours (I do not see any planned The current operational hours are not documented in the approved working hours indicated on your documents). Environmental Management Programme (EMPr), the Mine Works Programme (MWP) or the Social and Labour Plan (SLP). The mine has indicated that their operating hours are from Monday – Friday 06:00 - 16:30. This information was provided by Sweet Sensation. The page that was provide by Mr Aboud during the public meeting which he said showed the working hours of the mine could not be verified in any of the approved documentation which was provided to Digby Wells by Sweet Sensation.
Vaaloewer including Goose Bay Canyon township Thank you for this comment. Please note that the mine is already and the Zeekoefontein farm portions represent a operational, and that the mine is not applying for a new Mining Right. total market value of ±R456 679 000-00 Sweet Sensation is applying for an amendment to their approved EMPr representing well over 1000 properties on which [Environmental Management Programme] to add a screening process to owners are paying rates and taxes to Emfuleni their mining method. The potential negative environmental impacts Municipal Council. This does not include the values associated with the inclusion of the screening process were investigated for Lindequesdrift, surrounding Woodlands and by various specialist studies (i.e., noise, air quality fauna and flora, etc.). Vaal Eden properties. Large scale mining in the The studies found that the proposed amendment will have negligible area will have a negative impact on property negative impacts on the environment. Additionally, mitigation measures values, noise & air pollution, further future have been proposed to reduce these impact that may occur. Your development and impact on job creation and comment is however noted and has been submitted to the DMRE tourism in the area. [Department of Mineral Resources and Energy] for consideration.
These properties are used for permanent, Thank you for this comment. Please note that the mine is already retirement, leisure living and also investment operational, and that the mine is not applying for a new Mining Right. purposes and owners purchase here to be in an Sweet Sensation is applying for an amendment to their approved EMPr unpolluted, non-industrial, tranquil peace and quiet [Environmental Management Programme] to add a screening process to area as most come from cities and want to get their mining method. The potential negative environmental impacts Impact of project away of the hustle and bustle. associated with the inclusion of the screening process were investigated The mining can also have an effect on the pollution by various specialist studies (i.e., noise, air quality fauna and flora, etc.). of the river and as Vaaloewer extract their water The studies found that the proposed amendment will have negligible from the river to purify for household consumption, negative impacts on the environment. Additionally, mitigation measures this is a major concern. have been proposed to reduce these impact that may occur. Your In Vaaloewer we have the “Vaaloewer Voluntary comment is however noted and has been submitted to the DMRE Association” which allows access to all property [Department of Mineral Resources and Energy] for consideration. owners/ residents to the riverfront area for fishing, Additionally, the Sweet Sensation Sand Mine is located 350 m away from picnic etc. (of which I am also a member). the Vaal River and therefore, minimal impact from the sand mine is anticipated to occur from the mining activities. The approved EMPr We also have Goose Bay Canyon Recreation and currently provides mitigation measures to ensure the impact to the Power Boat Club representing 210 boat members surface water resource is reduced and Sweet Sensation have permission (of which I am a member) that use the damned to mine in this area. upriver area for boating, skiing, fishing etc. The club operates a “River Fund” funded by its The inclusion of the screening machine will not result in an expansion or members at an annual cost of R150 000 plus to any change to the current mining area and therefore the inclusion of the keep the river clean. The river barge with two screening machine will not have any further impact to the surface water or workers on a daily basis keep the river clear from Vaal River.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution fallen trees, floating logs, hyacinth, plastic & other rubbish that gets washed down river to create a safe boating environment for the users of the river. The boat club also operate a Share Block Company with weekend housing units for their owners and boat storage which is currently insured for replacement cost of well over R36 million rand. All clubs and associations in the area are dependent on their members for payment of annual subs to maintain the facilities for its members. Non- use will mean no payment of annual fees which will affect jobs and upkeep of facilities.
Although the area is mainly an agricultural area and therefore there are noise factors such as tractors and farming equipment cannot be compared to the type of mining equipment including large tipper trucks, excavators, crushers Thank you for your comment. or other related machinery will make more noise Please note that the current application is only for the inclusion of the than that of normal farming in the area. screening process into the mining method. Mitigation measures have I cannot see how one could rehabilitate an area been included in the Regulation 31 Amendment report and associated 100% where the intended plan is to cut into the specialist studies to minimise noise impacts associated with the screening ground up to 10 meters (that is as high as a three process as well as to assess the currently noise levels at the mine. It is or four storey building) and remove sand and stone also worth mentioning that the inclusion of the screening machine will to be sold. Where will soil come from to close have negligible impacts on the surrounding environment. these excavations. With regards to rehabilitation, financial provision has been set aside to It could only mean that after years this will never guarantee the availability of sufficient funds for the rehabilitation and happen as after the area has been mined out and remediation of adverse environmental impacts to the satisfaction of the mining scars left like in the surrounding area where Minister responsible for Mineral Resources. previous mining was never rehabilitated due to It is currently noted that at present the rehabilitation that has taken place mining operations going bankrupt and the land just requires further improvement and mitigation measures have been left or abandoned. Due to this the whole proposed to improve the rehabilitation. surrounding areas will also just become desolate as no one would want to live near or look onto a landscape which has been scarred for life. Regards
Good Day, Chairman: Protect I refer to the mail below regarding subject matter. Vaal Eden Committee Thank you for your objection. It has been noted and incorporated into our I hereby object to the request to amend the Mine comment and response register which will be submitted to the DMRE Plan of Sweet Sensations. Mine Plan Gavin Aboud Non-Executive 29-Mar-21 Email [Department of Mineral Resources and Energy]. It is however noted that My objection is as follows: Director: Federation the mine plan has not been amended to date from the mine plan that was It is alleged that Sweet sensations has unilaterally for a Sustainable approved in 2016. amended their approved mine plan and has not Environment (FSE) obtained the required permissions. This matter has
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution been refereed to Minister Creecy’s Office and is still under review.
Thank you for your email. The Regulation 31 Amendment application which has been submitted is specifically for the addition of a screening process within the currently approved mining process. Therefore, the application will not impact on the existing mining hours as previously Regarding the above point it is alleged that they authorised. have changed their approved operating hours, The current operational hours are not documented in the approved which is 08h00 to 16h00 hours without obtaining Environmental Management Programme (EMPr), the Mine Works Operational hours approval. Nowhere in the application does it state Programme (MWP) or the Social and Labour Plan (SLP). The mine has what operating hours will apply to the screening indicated that their operating hours are from Monday – Friday 06:00 - plant? Can this matter be clarified? 16:30. This information was provided by Sweet Sensation. The page that was provide by Mr Aboud during the public meeting which he said showed the working hours of the mine could not be verified in any of the approved documentation which was provided to Digby Wells by Sweet Sensation.
It is alleged that additional equipment to the The equipment will remain on site. Sweet Sensation is permitted to add approved mine plan has been brought on site. Will additional equipment as long as the approved mining process does not this equipment remain or be removed? change.
Mining Equipment It is alleged that additional infrastructure has been developed on site, for example there is a diesel Sweet Sensation is permitted to add additional equipment as is required tank on site, can Sweet sensations provide the to mine sand as long as the approved mining process does not change. proof that this was approved?
The Ngwathe Local Municipality has not adopted a land use scheme as contemplated in Section 24(1) of the Spatial Planning and Land Use management Act, 2013 (Act No. 16 of 2013) (SPLUMA) to date. Furthermore, the Ngwathe Local Municipality confirmed that it had no The land under review is zoned agriculture, this objection to the establishment of the mine and that Sweet Sensation Zoning must be amended before any application can could continue mining sand on the property which was not in proceed. contravention of the Local Municipalities Integrated Development Plan. Consequently, Sweet Sensation is not obligated to apply for a rezoning application to continue with its mining operations. Therefore, Sweet Sensation at this stage is permitted to mine sand on the property and no land use change is required.
Thank you for your comment. The Department of Roads and Transport is In the approved mine plan, they are responsible for responsible for the maintenance of the road. However, it was indicated Road Rehabilitation the maintenance of the S171. What have they that there are budget limitations to implement the required maintenance done in this regard? on the road. It is therefore recommended that the mine and community should work with the department to rehabilitate the road.
Thank you for your comment. The cumulative impacts were taken into The farm adjacent to them has also applied for a Cumulative Impacts consideration and are presented in Section 13 of the Regulation 31 mining right. This assessment cannot therefore be Amendment report. However, the current proposed mines have not been
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution done in isolation, the combined impact must be taken into consideration as the mine is currently in its application phase considered, I.e., the S171. and therefore the impacts these new proposed mines may have on the environment may not arise and therefore will not accurately reflect the current environmental conditions experienced by Sweet Sensation. It will be the new mines responsibility during the EIA [Environmental Impact Assessment] phase to cumulatively assess what impacts their mine may have on top of the impacts Sweet Sensation and other businesses and activities in the area (i.e., farming, etc.) are currently having on the environment.
It was indicated that there should be an enclosure that will trap airborne The dust of the screening plant cannot be mitigated dust when tipped into the crusher from the front-end loader. The air against. Water is the only way; this blocks the quality study utilises a specific modeling program to model the dust levels screening plant, and the operator then simply based on the current dust levels at the mine and then predicts what the stops. How were the dust studies conducted if a dust levels would be with the inclusion of the screening process. The screening plant was not present? model thus indicated that a negligible impact would be anticipated form the inclusion of the screening process into the mining method.
Impact of the Project and The noise study utilises a specific modeling program to model the noise studies undertaken levels based on the current noise levels at the mine and then predicts Noise, how was a study done if the plant is not what the noise levels would be with the inclusion of the screening present? process. The model thus indicated that a negligible impact would be anticipated form the inclusion of the screening process into the mining method.
A vibration study was not undertaken as part of this application. Vibration Vibration, how was a study done if the plant is not from the screening plant is anticipated to be negligible and would thus not present? have any significant impact on the surrounding communities.
The LoM [[Life of Mine] will not be extended. The Mining Right expires on Why has the life of the mine been extended? You 30 March 2026. This application is only for the inclusion of the screening LoM Extension have not addressed this? process into the approved EMPr [Environmental Management Programme].
You keep on asking the same stupid question! Dear Stakeholder, How do you think the Take a look at the pictures send to you, it is so Thank you for your comment. Please note that this application is for the project might impact obvious that nothing good can arise out of this inclusion of a screening machine and various specialist studies, including (affect) you? mining action! You are destroying a piece of heritage, have been undertaken to identify potential environmental heritage. impacts and provide recommendations for mitigating those impacts. A How do you think the Dennis Holler Lindequesdrif 26-Mar-21 Email heritage study was undertaken by Gaigher (2015) and a dilapidated project might impact structure was identified within the MRA [Mining Right Area], the structure (affect) your socio- Same question as the above, just different words is still there and has not been affected by the mining activities. Also, economic conditions (e.g. and the answer stays the same! graves have been identified but are not within the MRA. Nonetheless, livelihoods, farm, these have been included in the Heritage Management Plan and will not business, household)? be affected by mining activities.
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How can these impacts Get rid of the mining company and try to save what Thank you for your comment. It has been noted and will be forwarded to be managed, avoided is left. the DMRE [Department of Mineral Resources and Energy]. and / or fixed?
If you are a landowner or occupier, what is your None of your business! land currently being used for?
Are there any Thank you for your comments. It is understood that you are objecting to environmental, social or How many times do we have to answer the same this Project. However, it would be appreciated if you could provide us with heritage features on the questions?? Our concerns as a community have more detailed information so that relevant studies/ mitigation measures proposed project area we been raised several times!! can be recommended and implemented by the mine to protect the need to be aware of? environment. Do you think the project could impact (affect) infrastructure you might Another stupid question. It already has. have? (e.g., houses, buildings, roads)?
If so, how can these impacts (affects) be Thank you for your comment. Your suggestion has been noted and will be Stop the mining! managed, avoided or forwarded to the DMRE [Department of Mineral Resources and Energy]. fixed?
Dear Sir/Madam, Please register me for your FGM [Focus Group Christopher (Chris) Meeting]. Also, since you are limiting this to such Vaal Oewer resident 30-Mar-21 Email Campbell small Groups, would you have an online option as that would make it easier for me to attend. Kind Regards
Good Day Greenmined and Digby Wells, Chairman: Protect You both have informed the IAP’s registered for Thank you for informing us of the clash in the proposed meeting dates for Vaal Eden Committee Sweet Sensations and Pure Source that they must our planned Focus Group Meeting that is scheduled for 10 April 2021. As Focus Group Meeting – Non-Executive save the date for a PPP [Public Participation our meeting invitations were distributed on 15 March 2021, which is well Gavin Aboud 30-Mar-21 Email proposed meeting date Director: Federation Process] meeting on the 10th of April. before the other meeting invitation was received, we kindly request that for a Sustainable Please be advised we cannot be in both places at you engage with Greenmined to discuss the scheduling conflict and Environment (FSE) the same time? negotiate an alternative meeting date. Someone will have to change their date?
Hi, Thank you for informing us of the clash in the proposed meeting dates for As per attached it’s going to be impossible to AJS Beleggings / our planned Focus Group Meeting that is scheduled for 10 April 2021. As Martin Struwig 31-Mar-21 Email attend two mining meetings on the same date Investment Trust our meeting invitations were distributed on 15 March 2021, which is well which is a huge problem to all affected parties. before the other meeting invitation was received, we kindly request that Regards
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution you engage with Greenmined to discuss the scheduling conflict and negotiate an alternative meeting date.
I will attend the meeting. Thank you for the confirmation and we look forward to engaging with you. However, it must be noted that the venue is not Venue for Focus Group Please note that the venue was considered a mutual meeting place for all Annalise Scholtz I&AP 01-Apr-21 Email ideal as it is far from the main affected community. Meeting I&APs [Interested and Affected Parties]. The venue for the FGM [Focus That does not serve the intent of the law. Group Meeting ‘has unfortunately been secured and cannot be changed. Regards,
Dear Digby Wells, The Vaaloewer Ratepayers Association herewith objects to: Thank you for your comments regarding the Sweet Sensation Project. 1) the venue of the public participation session on Please see below responses to your queries: 10 April 2021 as outlined below. 2) the lack of advertisement of the Sweet a) The venue for the Focus Group Meetings (FGMs) has unfortunately Sensations Public Participation Session that is been secured and cannot be changed. The meeting is a FGM which is scheduled for 10 April 2021. different from a public meeting. Thus, specific representatives from Vaaloewer does not have a public transport system different communities have been identified to receive the information and at all. Many Vaaloewer community members in communicate that information to those within their organisation or both the informal settlement and residential area communities. If there are specific individuals, you feel need to attend the do not have transport to the venue that is over 22 meeting and who do not have transport please kindly provide their kilometers away as stipulated below. information and arrangements to the venue can be made. However, this must be limited to one or two people to accommodate the venues Chairperson: Recommendation 1: It is requested that Digby Public Participation Aragea Holland- capacity and others that also wish to attend. Vaaloewer Ratepayers 01-Apr-21 Email Wells please move the venue to Vaaloewer where Process Fredericks In terms of communication, emails, SMSs, site notices and adverts were Association the I&A parties are concentrated. placed around the mine and affected areas to notify the public of the I live in Vaaloewer and have not seen any project. The stakeholders have been given until 12 April 2021 to comment communications, advertisements or notifications on the report and provide feedback and comments. The report can be from Digby Wells to the community to inform them accessed via the below link. of the meeting or details thereof. • Website: http://www.digbywellsdocs.com/PublicDocuments/ Recommendation 2: It is requested that Digby • #Datafree: http://view.datafree.co/PublicDocuments/ Wells please with immediate effect start a vigorous b) Site Notices were placed all around the area notifying people of the communications campaign in the residential area project as well as two adverts were placed on the Thursday (4 March and informal settlement of Vaaloewer to inform the 2021) and again on the Saturday (6 March 2021) within the Parys Gazette community of the meeting. and Star Newspaper to ensure all stakeholders were given the Recommendation 3: That proof of the opportunity to comment on the project. advertisement and communications for participation is kept and readily available on request.
Good Afternoon Thank you for your objection. It has been noted and incorporated into our This objection is based on the Internationally comment and response register which will be submitted to the DMRE Social Labour Plan (SLP) Bob Hartslief / accepted concept that I&AP 04-Apr-21 Email [Department of Mineral Resources and Energy]. issues Philip Hartslief until previously given undertakings have been met The meeting to be held on 10 April 2021 will be specifically focused on —no new concessions can be or will be the addition of the screening process into the mining method and its considered!
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution Just as you cannot renew your motor vehicles associated impacts and thus will not address Sweet Sensations’ prior licence for another year --until you have paid your commitments in accordance with their Social and Labour Plan. (SLP). outstanding fines— This will need to be a separate meeting and set up between yourselves I would suggest that SWEET SENSATIONS cannot and Sweet Sensation. A community group with Sweet Sensation has now “get more “ until they show the IAPS and the been set up where these issues can be discussed, and a way forward community what they HAVE done! agreed to by the mine and the community. Have honoured their previous undertakings as Please note that the progress on the SLP of Sweet Sensations Vaal Sand contained in their SLP— we hope they have! is reported to DMRE as required by law. Obligations under the SLP are Therefore we would like to hold Sweet Sensations adhered to and up to date. accountable to show us they have in fact done so
and at the meeting on the 10th ask SS to present to us —the community how they have achieved or attended to the following:
Page 10 of 68 of SS SLP 1. Human Resources Development Programme 2. Mentorship of Employees 3. Woman participation 4. Housing
Page 11 of 68 5. Future Forum 6. Financial Provision —10% of its annual payroll
Page 17 of 68 Please present this report: 7. A detailed workplace skills plan and Annual Training report 8. Skills development plan
Page 31 of 68 9. Present achievements of Female participation as set out 10. Report from “steering committee (set up) to develop recommendations and to consult stakeholders”
Page 36 of 68 11. Regulation 46 (c) of the MPRDA requires SS to outline and implement strategies and policies for local economic development. Please provide a report on this
Page 47 of 68 12. The SS LED programme says: “ This programme will concentrate on building partnerships in which stakeholders commit jointly to projects that are mutually beneficial
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution And add value to the Municipality and communities in which the programme operates” Please present a list of these projects. 13. How have SS aligned their mines LED programme with the local IDP of the Ngwathe Municipality?” 14. What partnerships have SS developed with stakeholders that are mutually beneficial and add value to the expected outcomes of the LED programme?
We would like to see this LED 16. Please can SS provide confirmation from the Flavius Mark FET college that they (FM) have in fact received R50 000 for the past 7 years? 17. In clause 13.2.4 SS say “ They have a letter from Ngwathe Municipality in regard to SS supporting RDP housing projects — Please present this letter to next Saturday.
Page 56 of 68 18. In clause 17.2 SS undertook to Establish a FUTURE FORUM within 12 months of the approval of its mining right For a host of listed purposes: Please present the reports or minutes from this forum over the past 6 years.
Page 65 of 68 19. Community participation included establishing FAIR ORICED express shops with HDSA individuals — “ Prior to the current mining right running out” Can SS please present a report on this 20. Roads — ONLY ROADS REQUIRED FOR END USE WILL BE RETAINED Can SS please expand on this?
As stated above -It is our submission that the present mining rights enjoyed by SS were issued on the clear understanding that SS would comply with the undertakings they made and set out in their SLP. We would like SS to show us —all the IAPS and Community that they have in fact done so—prior to giving any consideration to any further requests
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution from SS. Thank you
Hi Claire, This is not a NEW issue. The point is- and still remains -how can the Community TRUST any undertakings given by your client with regard to adding a screen plant -If they have NOT complied with the UNDERTAKINGS, they previously made to the community-as contained in their SLP. To suggest that the DMRE would have any interest in the undertakings as contained in the SLP is dis ingenious as we have been down this road previously-only to be TOLD by the DMRE that this must be taken up with Colin Pule at Ngwathe Municipality —who in turn is told to take it up with SS --and so it becomes a game akin to riding a Thank you for your comments. Please note that the SLP [Social and merry go round. Labour Plan] is not part of the proposed amendment application. The SLP That said and for what it is worth- the CFO of the was undertaken prior to the commencement of the operation. The SLP Flavio Mareka College in Sasolburg denies ever was not consulted for this process. Nonetheless, this comment has been Philip Hartslief I&AP 04-Apr-21 Email having received payment from SS as required and forwarded to the client and will be submitted to the DMRE [Department of Mr Pule claims that NO undertakings given by SS Mineral Resources and Energy]. Nonetheless, the progress on the SLP to Ngwathe- have yielded anything. of Sweet Sensations Vaal Sand is reported to DMRE as required by law. Therefore, whilst technically speaking DIGBY Obligations under the SLP are adhered to and up to date. WELLS may well be correct in simply referencing this issue (my objection) in the response register to the DMRE- I have my doubts this will satisfy the IAPS on Saturday. Graham - who you copied in on this mail --could simply provide answers to all the queries about Sweet Sensations compliance with their SLP undertakings --at the meeting on the 10th--- as a sign of good faith. Not doing so will only cast doubt on any further undertakings by Sweet Sensations with regard to the impacts of adding the screening process into the mining method. and vice versa.
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Morning Claire Please clarify if the EXISTING SLP will remain in Clarification of the force and effect (the SLP which the existing mining I can confirm that the existing SLP [Social and Labour Plan] will remain existing Social and Philip Hartslief I&AP 08-Apr-21 Email rights license requires compliance with)- with applicable to the existing and approved mining right. The proposed Labour Plan (SLP) regard to this NEW application being brought by amendment process does not require an amendment to the SLP. your clients, or not? Thank you
Dear Claire, The EIA regulations require public participation, consultation and communication by the applicant. The Focus Group meeting is considered to be part It is agreed that the EIA Regulations, 2014 (as amended) requires Stakeholder of this process. The applicant cannot rely on other consultation to be completed however the regulations do not prescribe Consultations interested and affected parties to communicate and rally I&A parties on their behalf to attend public public meetings to be held to fulfil the objectives of public consultation. In participation sessions. I am reasonable and have the current circumstances Focus Group Meetings are more appropriate to added other members of the community to ensure that we consider and protect the health and safety of the accommodate your requirement of sharing, but this attendees as well as providing an opportunity to meaningfully participate is not merely sufficient. in the consultation process. A Stakeholder Engagement Plan (SEP) in compliance with the Covid-19 Additional concerns/ potential non-compliances Regulations (GN R650 of 5 June 2020) for Sweet Sensation Vaal Sands relate to the notices and advertisements as follows: was submitted to the DMRE [Department of Mineral Resources and -There are no notices of public participation in Energy] which includes the process of consultation and how this would be Vaaloewer residential area. I checked yesterday on undertaken. Digby Wells is ensuring compliance with the SEP. 7 April 2021. Please note that all information presented at the Focus Group Meetings Chairperson: Aragea Holland- -The closest notice is displayed at FKA have been made available to the public and each stakeholder has the Vaaloewer Ratepayers 08-Apr-21 Email Fredericks supermarket which is a few kilometres outside of right to comment on the reports which will be considered and included in Association Vaaloewer. the reports submitted to the DMRE. Site Notices -FKA Supermarket is located in North West I have attached the site notice report which indicates the location of where Province. Vaaloewer is situated in Vanderbijlpark, the site notices were placed. As shown in the report site notices were Gauteng. placed around Vaal Oewer. Sweet Sensation Sand Mine is located in the Free State Province and -The Parys Gazette is a newspaper in the Free- therefore the adverts were placed to cover the maximum area which State and the Star Newspaper is a Johannesburg included the Free State and Gauteng Provinces. Theses newspaper are newspaper. available to residents of Vaal Oewer and therefore the newspapers -The local newspaper for Vaaloewer is the Vaal identified are suitable in term of the PPP [Public Participation Process] Weekblad. requirements. In addition to the site notices and adverts, SMSs and I am sure that you appreciate that there is always a emails were distributed to all stakeholders and therefore all I&APs way to make things happen which nullifies the [Interested and Affected Parties] should have been notified. statement, -"The venue for the Focus Group Focus Group Meeting Meetings (FGMs) has unfortunately been secured (FGM) and cannot be changed." - especially given the fact that I sent the objection to the venue location on 1 April 2021 and there was sufficient time for change.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution Hopefully more communication for participation and consultation will be done and an inclusive full Public Participation meeting at a venue that is accessible to the community will be done to address the concerns. Best regards
Thank you for your comment. Your objection has been noted and will be Thanks for clarifying this, Claire. submitted to the DMRE [Department of Mineral Resources and Energy]. It It therefore remains our submission and objection- should however be noted that the mines compliance with the SLP [Social that unless your client can show the community-- and Labour Plan] and this amendment application is governed by different their 100% compliance to the word and letter of the laws and therefore it would still be acceptable for the DMRE to consider THEIR undertakings in the applicable SLP -which this application as well as to ensure the SLP be complied with by Sweet social services contained therein are a Sensation. It has been recommended to Sweet Sensation that an SLP fundamental requirement of their approved mining audit be conducted against the commitments of the SLP and to report on license (right) —they would be in contravention of their compliance to the DMRE. Additionally, it is also noted that the SLP is their mining license (right) and as such cannot be required to be updated every five years and therefore, this SLP will also in any position to ask for what they are now asking, need to be updated and submitted to the DMRE for approval. rendering their application frivolous, at this point.
Social Labour Plan Philip Hartslief I&AP 08-Apr-21 Email (SLP)SLP Thank you for your comment. Please note that Digby Wells was only The community would think, in fact most probably appointed to satisfy the environmental aspect specifically relating to the the community have the right to expect, that a inclusion of the screening process into the mine method. The specialist Multinational company such as DIGBY WELLS, as studies undertaken were advised by the comments and concerns raised registered Social Consultants and a member of by the Regulation 29 Amendment Process undertaken in 2020 as well as EAPASA [Environmental Assessment Practitioner the DMRE [Department of Mineral Resources and Energy]. The SLP Association of South Africa], you would have an [Social and Labour Plan] was undertaken prior to the commencement of obligation to satisfy yourselves on behalf of the the operation and it was not envisaged that the current amendment community that before proceeding with such an application (inclusion of a screening plant) will trigger an amendment of application - that the applicant is in fact compliant the SLP. Your comment is however acknowledged and will be with ALL the terms and conditions of their mining communicated to the DMRE. right both Environmental and Social.? Digby Wells is committed to ensuring our environmental process is conducted ethically and that it complies with the requirements of the law.
Dear Claire, I refer to our telephonic discussion this morning. Firstly, please accept and record my (on behalf of the FSE) apology for not being in the position to Please see attached the Sweet Sensation Mining Right as proof that the CEO: Federation for a participate in the meeting tomorrow. Mining Right will expire in 2026. Thus, no extension of the Mining Right is FGM and LoM Mariette Liefferink Sustainable 09-Apr-21 Email Secondly, it is our understanding that the Mining being applied for. Environment (FSE) Right, which was issued to Sweet Sensations by
the DMRE [Department of Mineral Resources and Energy] will lapse in 2024, however, in terms of the current application the operations will be extended to 2026. If our understanding is correct, it will require a renewal of the Mining Right and an
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution amendment to the EMP [Environmental Management Plan] since the duration of the impacts, the significance of the impacts and the financial provisioning for rehabilitation will have to be reassessed and approved. Kindly advise. Best Regards
Please may I be informed of any extension of Digby Wells has been appointed to undertake an environmental permits or projects that Sweet Sensation mine is authorisations amendment project for the inclusion of a screening process Mining extension Wilhelm Gersteling Vaal Oewer resident 10-Apr-21 Email planning. into the mining method. No changes to the current mining area are I am a resident, and my property is within 300 anticipated. You have now been registered on our database for the meters from the mine. amendment project and will be notified of the project going forward.
An investigation was undertaken to determine which legislative process is required to be followed for inclusion of the screening process into the mining method. The investigation concluded that no listed activities as contemplated in the EIA [Environmental Impact Assessment] Regulations, 2014 (as amended) [GN R982 of 04 December 2014, as amended], were triggered. What made you start the process with Chairperson: The addition of the screening process was therefore considered to be a Regulation 29 Amendment without conducting a Amendment Processes Gea Holland Vaaloewer Ratepayers 10-Apr-21 FGM non-substantive amendment as it will not change the scope of the valid Risk Assessment and later decided to apply for Association environmental authorisation, nor increase the level or nature of impacts, Regulation 31 Amendment? hence a Regulation 29 Amendment was proposed and followed. However, subsequent to objections received from the various I&APs [Interested and Affected Parties], the DMRE [Department of Mineral Resources and Energy] advised that a Regulation 31 Amendment Process should be followed instead: and for additional specialist studies to be undertaken.
In the document sent to me by Claire, you referred to what the Department of Mineral Resources and Energy (DMRE) approved, and you sent me the Sweet Sensation is not extending the LoM [Life of Mine] but applying for document via email. Firstly, Sweet Sensations is the inclusion of the screening process into the mining method. The LoM Chairman: Protect applying for a screening plant and simultaneously was always 2026 and the Mining Right granted until 30 March 2026 Vaal Eden Committee extending their Life of Mine (LoM). In the approved Screening Plant and Sweet Sensation is undertaking an amendment process to amend the Non-Executive Environmental Management Plan (EMP), there are Extension of the Life of Gavin Aboud 10-Apr-21 FGM EMPr [Environmental Management Programme] in order to include the Director: Federation certain procedures that needs to be followed and Mine (LoM) screening process into the mining method. The EMPr, should it be for a Sustainable Sweet Sensations have discarded this document granted, for the screening process will be a legally binding document Environment (FSE) and done whatever they want. Now, why are we which Sweet Sensation will have to comply with to ensure that any subjected to procedures and processes when they impacts associated with the screening process are mitigated. are not? The original EMPr stated that the LoM will cease in 2024 not 2026, please clarify that for me.
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There are processes that can followed to amend the Mine Plan. However, this application aims to amendment the approved EMPr [Environmental Mine Plan Freddie Burch PRUT 10-Apr-21 FGM Can the Mine Plan be changed? Management Programme] to incorporate the screening process into the mining method. Sweet Sensations Mine Plan will not be changed as part of the amendment project.
Thank you for your comment. Please note that Digby Wells was contracted to facilitate the environmental regulatory process associated with the amendment application. It is evident that you have historical I stay just next to the mine. I had to evacuate my issues with the mine which needs to be dealt with. A community group house due to threats made by the Mine Manager with Sweet Sensation has now been set up where these issues can be Abrie Historical issues Resident 10-Apr-21 FGM Also, the road leading to the mine is in a bad state discussed, and a way forward agreed to by the mine and the community. Hanekom and Sweet Sensations must repair this road. Look The Department of Roads and Transport is responsible for the at the road, Sweet Sensation must repair this road. maintenance of the road. However, it was indicated that there are budget limitations to implement the required maintenance on the road. It is therefore recommended that the mine and community should work with the department to rehabilitate the road.
There seems to be a misunderstanding and Thank you for your email. The Regulation 31 Amendment application miscommunication between the miners and the which has been submitted is specifically for the addition of a screening communities. Our understanding is that the Mine process within the currently approved mining process. Therefore, the Plan/ issued authorisations must stipulate what the application will not impact on the existing mining hours as previously mine is permitted and not permitted to do? authorised. Environmental However, the mine does not seem to understand The current operational hours are not documented in the approved Management Programme that aspect properly. Their operating times Environmental Management Programme (EMPr), the Mine Works Craig Richardson PUT 10-Apr-21 FGM (EMPr) and Working fluctuate. For example, they sometimes operate Programme (MWP) or the Social and Labour Plan (SLP). The mine has hours form 8:00 am to 16:00 pm or from 5:00 am to 19:00 indicated that their operating hours are from Monday – Friday 06:00 - pm. 16:30. This information was provided by Sweet Sensation. The page that The DMRE is under the impression that the mine is was provide by Mr Aboud during the public meeting which he said complying with their operational hours and this is showed the working hours of the mine could not be verified in any of the because they do their inspections around 11:00 approved documentation which was provide to Digby Wells by Sweet am. Sensation.
Thank you for your comment. A rehabilitation audit was undertaken in November 2020 and it was concluded that rehabilitation had not been Rehabilitation does not take place at the mine, that undertaken to a satisfactory level. Issues identified are included in the Rehabilitation Marianne Bilsland PRUT 10-Apr-21 FGM is the main issue that we are facing as the Regulation 31 Amendment report. Interventions/ mitigation measures community. have been proposed to ensure that rehabilitation is undertaken to a satisfactory level. The mine is committed to ensure that these are implemented accordingly.
A 68 paged SLP [Social and Labour Plan] Thank you for your comment. Please note that the SLP [Social and document was discussed with myself, Graham and Labour Plan] is a separate process and has nothing to do with the current Bob Hartslief / Social Labour Plan (SLP) Savannah 10-Apr-21 FGM other people. I have requested Graham on multiple application. The SLP was approved prior to the commencement of mining Philip Hartslief occasions to try at least adhering to the contents of activities and Digby Wells was not involved. However, your comments the SLP. I have written to Claire earlier this week have been forwarded to Sweet Sensation and will be submitted to the
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution and asked Mr Rogers to present to us what exactly DMRE [Department of Mineral Resources and Energy] as part of the Final has been done in terms of the SLP. The mine has Regulation 31 Amendment report. A community group with Sweet not fulfilled its commitments Sensation has now been set up where these issues can be discussed, I spoke to the Municipality this week with regards and a way forward agreed to by the mine and the community. Please note to what they are supposed to be doing for the that the progress on the SLP of Sweet Sensations Vaal Sand is reported municipality, and it was confirmed that nothing had to DMRE as required by law. Obligations under the SLP are adhered to been done. They are supposed to be giving R50 and up to date. 000.00 a year to Flavius Mareka TVET College in Sasolburg according to the CEO. I have raised 17 points to the SLP to Claire of which she completely ignored.
The purpose of this application is to include the screening process into the approved EMPr [Environmental Management Programme] through a Regulation 31 Amendment Process. The purpose of this meeting is to Why are we here, why cannot the mine get us all give I&APs [Interested and Affected Parties] the opportunity to comment Unfulfilled promises to the Wilhelm Gersteling Resident 10-Apr-21 FGM the things they promised to do for the community on the proposed amendment. It is understood that there are some community and thereafter start with next steps. historical issues that you would like to raise, but please note that this is a separate process. A community group with Sweet Sensation has now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community.
Did you say in your presentation that the length of Chairman: Protect the mine is not being extended? Vaal Eden Committee The LoM [Life of Mine] is not being extended. The application is for the In your new application/ documentation it states Extension of the Life of Non-Executive amendment of an approved EMPr [Environmental Management Gavin Aboud 10-Apr-21 FGM that the mine will cease in 2026 and the original Mine (LoM) Director: Federation Programme] and not an extension to the existing LoM. It is understood application states that it will cease in 2024. for a Sustainable that the Mining Right will expire on 30 March 2026 and not in 2024. Therefore, the applicant will be extending the LoM Environment (FSE) [Life of Mine] by two years.
The SLP [Social and Labour Plan’] was compiled as part of Sweet Sensation’s initial application process and Digby Wells was not involved at the time. Digby Wells has now been appointed to facilitate the environmental regulatory processes associated with the Regulation 31 Amendment application. Therefore, the focus of this application is on the amendment of the EMPr [Environmental Management Programme] and the SLP [Social and Labour Plan] is a separate process altogether. Bob Hartslief / Why are you ignoring questions regarding Social Labour Plan (SLP) Savannah 10-Apr-21 FGM However, your concerns will be submitted to the DMRE [Department of Philip Hartslief compliance to the SLP [Social and Labour Plan]? Mineral Resources and Energy] as part of the final submissions. A community group with Sweet Sensation has now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community. Please note that the progress on the SLP of Sweet Sensations Vaal Sand is reported to DMRE as required by law. Obligations under the SLP are adhered to and up to date
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Thank you for your comment. The cumulative impacts were taken into consideration and are presented in Section 13 of the Regulation 31 Amendment report. However, the current proposed mines have not been These mines result in cumulative impacts on air taken into consideration as the mine is currently in its application phase quality, on the road, noise and our property value. and therefore the impacts these new proposed mines may have on the V.F Domt Tourism Cumulative impacts Warrin Flores 10-Apr-21 FGM This is a highly tourists attraction area. Investments environment may not arise and therefore will not accurately reflect the Association in this area are dwindling/ becoming negatively current environmental conditions experienced by Sweet Sensation. It will affected. be the new mines responsibility during the EIA [Environmental Impact Assessment] phase to cumulatively assess what impacts their mine may have on top of the impacts Sweet Sensation and other businesses in the area (farming etc.) are currently having on the environment.
A Heritage Site Management Plan and Chance Finds Procedure were compiled for Sweet Sensation. Also, a site assessment was conducted to verify the findings of Gaigher (2015) who compiled the Heritage Impact Assessment for Sweet Sensation. A dilapidated structure was identified Chairman: Protect within the MRA [Mining Right Area]. Vaal Eden Committee Yes, graves were also identified in the area, but these are not within the Heritage – graves in the Non-Executive What about the graves in the area? Why are they Gavin Aboud 10-Apr-21 FGM MRA and thus will not be affected by the mining activities. The graves area Director : Federation not included in your presentation? have been included in the heritage management plan and will be avoided. for a Sustainable We apologise for not showing these in our presentation as our focus was Environment (FSE) on structures identified within the MRA. However, detailed information can be found in the Regulation 31 Amendment report and associated appendices (specialist studies), which were made available for public comment.
Noise and dust are repelling tourists to my How do you think the Thank you for your comment. Several specialist studies have been restaurant and accommodation business There is project might impact undertaken assess the potential negative impacts the amendment project also an effect on birds and wildlife and reduced (affect) you? may have on the environment and wildlife. Mitigations measures have land values. been provided in the Regulation 31 Amendment report as well as the The project will negatively affect my business individual specialist studies to minimise or avoid negative impacts. The How do you think the (restaurant and accommodation) as customers will specialist studies (noise and dust) identified that negligible impacts would project might impact lose interest in the area because of the arise from the inclusion of the screening process into the mining method. (affect) your socio- environmental conditions. Also, this will have an Additionally, it was found that the screening process would have minimal economic conditions? Christian Resident of 10-Apr-21 FGM impact on farming activities. impacts on the surrounding fauna and flora in the area. Figenschou Lindequesdrift How can these impacts Thank you for your comment. Your suggestion will be forwarded to the be managed, avoided No mining in this area. DMRE [Department of Mineral Resources and Energy]. and/ or fixed?
If you are a landowner or Tourism and farming. occupier, what is your Many residents in the area are negatively affected. Thank you for your comment. Your suggestion will be forwarded to the land currently being used This includes residents of the Vaaloewer, DMRE [Department of Mineral Resources and Energy]. for? Lindequesdrift, and Vaal Eden. Mining activities in
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Noise Impact and Air Quality Impact Assessments were undertaken in support of this application. The addition of a screening process will slightly raise the noise levels and based on the rating system used by Enviro Acoustic Research cc, impacts on the surroundings are deemed low. How do you think the Additional mitigation measures have also been proposed to reduce the project might impact Yes, noise and dust. noise levels generated by the mine. (affect) you? The air quality specialist highlighted that the proposed activities would result in negligible negative impacts on the surroundings without mitigation. To curtail emissions from mining operations from impacting receptors outside the MRA [Mining Right Area], mitigation measures have been proposed to reduce the dust levels.
The inclusion of the screening process will not change the area currently proposed to be mined or the Life of Mine therefore the decrease of How do you think the property values will not be impacted by the amendment project. The project might impact Decrease property values. specialist studies to assess property values was excluded from Digby (affect) your socio- Wells scope of work however you comment has been noted and will be economic conditions? communicated to the DMRE [Department of Mineral Resources and Energy].
Thank you for your comment. Sweet Sensation will be undertaking annual Aragea Holland- Vaaloewer Ratepayers audits to determine compliance against the conditions of the EA 10-Apr-21 FGM How can these impacts Fredericks Association [Environmental Authorisation] / EMPr [Environmental Management Through effective controls and effectiveness be managed, avoided Programme]. Additionally, a rehabilitation audit has been recommended audits. and/ or fixed? to be undertaken ensure that mitigation measures proposed in the Regulation 31 Amendment report are implemented and the rehabilitation is on the trajectory to meet a sustainable end land-use.
If you are a landowner or occupier, what is your Thank you for the information. You have been registered as an I&AP Residential land currently being used [Interested and Affected Party]. for?
Are there any environmental, social or Thank you for the information. The fauna and flora located in the area heritage features on the Nature reserves in surrounding areas. was taken into consideration during the Regulation 31 Amendment proposed project area we Process by the fauna and flora specialist. need to be aware of?
Where are these found? In between Noted. Thank you.
Thank you for your comment. Please note that an Air Quality Impact Do you think the project Assessment was undertaken in support of this application and the could impact (affect) Paint work, dust. following mitigation measures were recommended to curb the impact of infrastructure you might dust generated by the mine:
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution have (e.g., houses, ● Application of dust suppression measures on exposed areas; buildings, roads)? ● Limiting rehabilitation activities to non-windy days (with wind speed greater than 5.4 m/s), if possible; ● Keeping the area of disturbance to a minimum and avoid any unnecessary clearing, digging, or scraping, especially on windy days (≥ 5.4 m/s); ● Minimising the drop heights when loading onto trucks and at tipping points; ● Setting maximum speed limits and having these limits enforced; and ● Ensuring that rehabilitated landscape is vegetated.
Noted. Sweet Sensation have been advised to keep the area of If so, how can these disturbance to a minimum and avoid any unnecessary clearing, digging, impacts (affects) be Extraction processes or scraping, especially on windy days (≥ 5.4 m/s). Further mitigation managed, avoided or measures have been proposed and are detailed in the Air Quality fixed? Assessment report.
The traffic counts (12 hour counts over 3 days and 24-hour count over When was this exercise or the two-day hour count one day) were undertaken during Covid under lockdown level 2 done? Was it before or during the COVID lockdown regulations, which resulted in low volumes of traffic however to counter period? act this an escalation was utilised to increase the traffic rates to ensure Traffic Assessment I&AP Resident 10-Apr-21 FGM the most accurate data is utilised to assess the traffic impact. . The purpose of counting on Sunday as well as Saturday was to establish Can you please explain why you decided to do the the light traffic making use of the road to enable the traffic specialists to exercise /or count on a Sunday? perform an assessment for the two scenarios (i.e., Scenario 1 – all traffic, including light traffic and heavy traffic; and Scenario 2 – light traffic only).
Your description or findings of the road functions does not consider the IDP [Integrated Development Thank you for the information. Zutari has updated the traffic report and Integrated Development I&AP Resident 10-Apr-21 FGM Plan] as the Plan classifies the road as a scenic has taken the IDP [Integrated Development Plan] into consideration Plan (IDP) tourist route in addition to what you have just regarding the classification of the road. highlighted.
A socio-economic impact assessment does not form part of our scope of work. The studies undertaken were those identified from issues raised during the Regulation 29 Amendment process and those informed by the Are there any socio-economic impacts conducted DMRE [Department of Mineral Resources and Energy]. These included: on all the properties that are serviced by this road? • Fauna and Flora; Socio-economic impacts I&AP Resident 10-Apr-21 FGM The state of the road discourages visitors from visiting our area as it has been severely damaged • Traffic; by heavy vehicles from the mine. • Heritage ; • Air quality; • Noise; and
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution • Rehabilitation. It is acknowledged that the road needs to be rehabilitated and recommended that the mine and community should work together with the department to identify a solution to upgrade the road.
Digby Wells was appointed to facilitate the environmental regulatory The social and economic study was undertaken as process associated with the Regulation 31 Amendment Process. The part of Sweet Sensation’s MR [Mining Right] I&AP Resident 10-Apr-21 FGM proposed amendment (inclusion of a screening process) does not require application. Why is this study not being taken into an update the socio-economic study and will not result in an impact on the consideration? social and economic environment.
It is acknowledged that the road is in a bad state. However, Zutari consulted the Department of Roads and Transport and it was reported The poor state of the SS171 road (i.e., huge that no serious incidents or fatal injuries were recorded on their database potholes) is causing serious accidents and we are for the SS171 road/ road leading to Sweet Sensation. This was as of concerned about that. Recently, a man died on that November 2020 therefore this accident you mentioned would not have road. I&AP Resident 10-Apr-21 FGM been considered as part of the study as it was outside the data capture time period.
The Study was conducted from Thursday 12 November to Sunday 15 The incident referred to is very recent. When was November 2020, and during this period there were no records of fatal Traffic Impact your study conducted? incidents. Assessment The traffic assessment commenced from the beginning of the road, all the way down to the mine. It was noted that the last portion of the road leading to Sweet Sensation’s Mine is severely damaged compared to To what extent of the road was the Traffic Impact where the assessment started. Also, the traffic study report highlighted Assessment undertaken during your site visit? the contribution of other surrounding mines to the state/condition of the Sweet Sensations is located at the end of the road, road. Sweet Sensations mine currently contributes to all the heavy vehicle which is where the damage is. traffic using the SS171. There are also some other sand mines in the project area which are, however, currently inactive but undoubtedly also contributed to past heavy vehicle traffic using the SS171. Chairman: Protect Vaal Eden Committee In our understanding the road was not constructed Non-Executive for heavy vehicle use. Gavin Aboud 10-Apr-21 FGM Director: Federation However, the Gross Vehicle Mass (GVM) of those Agreed. The road was not constructed for its current use/purpose. Based for a Sustainable cars is 56 tons. In addition, most of the sand that on the discussions held with the Department it was determined that there Gross Vehicle Mass Environment (FSE) comes out of Sweet Sensation is wet which means is a need to rehabilitate the SS171, however, due to budget limitations the (tons) the vehicles are easily overloaded, increasing the Department suggests stabilizing the base of the road and adding one or impact on the SS171 road. I have requested the two layers of seal. This could last 5 years with occasional maintenance. Department of Roads and Transport to repair the road and they have come back and said they do not have funds.
The MR [Mining Right] stipulates that Sweet Thank you for your comment. Please note that road maintenance is the Maintenance of the Sensations will maintain the SS171 road, however, department’s responsibility, and it was indicated that there is limited SS171 this has not been the case. budget to fix the road. It is therefore recommended that the community
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In addition to the roads’ poor condition, it is narrow, to an extent that two cars cannot pass each other. That is correct, two cares cannot pass each other because of the state of The width of the road Craig Richardson I&AP 10-Apr-21 FGM Now, the potholes are exacerbating the problem as the road. The road was not meant to be used by heavy trucks. It is you find cars trying to dodge pothole, which acknowledged that there is a need to rehabilitate the SS171. increases the risk of accidents.
Air Quality: Sulphur not This is because sulfur emissions from Sweet Sensation’s machinery will Why is sulphur not included in your presentation? included be negligible.
Air Quality: Emission What are your key emission impacts? Also, why The key emissions are associated with particulate matter, i.e., dust, PM10 impacts was silica not assessed? and PM2.5, which are mostly confined within the mine boundary. Therefore, limited impact outside of the mine boundary is anticipated. Mitigation measures have been proposed to reduce the impact associated with the generation of dust. The assessment of silica on human health was not within our scope. The Silica is going to make us sick, each one of us Lung cancer tests/ real-time monitor that was used to collect the air quality samples does not should be tested for lung cancer and Sweet checks measure silica. Therefore, for silica to be measures you will have to do Sensation should pay for those costs. XRD analysis which was not part of our scope nor was it required. Chairperson The sand mining operation is not associated with the release of fresh Aragea Holland- Vaaloewer ratepayers 10-Apr-21 FGM silica therefore the air quality specialist does not see any risk associated Fredericks Association with silica on human health. The predicted levels of airborne particulate matter were assessed against the South Africa ambient air quality standards. What standard or limits did you use to measure air The non-residential limit value was used to assess the dustfall because Air quality limits quality? the monitoring locations were located within the mine boundary, and not Why did you use the non-residential standard? at residential dwellings. As part of the amendment application and additional monitoring point has been proposed within the residential areas.
It was not within Digby Wells’ scope to assess greenhouse gases (GHG). Did you assess greenhouse gases during the Air Moreover, the sand mining operation will not exacerbate the levels of Greenhouse gases Quality Impact Assessment? If not, please advise GHG gases such as CO2 [Carbon Dioxide], CH4 [Methane] and N2O why. [Nitrous Oxide] in the area.
Chairman: Protect The screening plant will undoubtably generate dust. However, the point Vaal Eden Committee conveyed was that since this machine will be operated in an existing MRA Dust created by the Non-Executive A screening plant creates dust. It is misleading of Gavin Aboud 10-Apr-21 FGM [Mining Right Area], where mining activities are already taking place, dust screening plant Director : Federation you to say that it does not create any dust. generated from the plant is predicted to have a negligible impact on the for a Sustainable ambient air quality. Environment (FSE)
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One of the mitigation measures says, “enclose the Thank you for your comment. Although the impacts will be negligible, dust screening plant’. If the impacts are negligible, then will be generated from the machine. Nonetheless, to further curtail dust, Enclose screening plant I&AP Resident 10-Apr-21 FGM why would you enclose the plant? Is it going to mitigation measures (i.e., enclosing the machine) have been generate dust or not? recommended.
Excavated mixed sand will be loaded onto the screening machine and separated into three stockpiles, according to 6 mm, 2.5 mm and 1 mm particles. This machine does not operate like a crushing plant. Once sand Chairman: Protect is poured on the machine, it is sieved and vibrates, which enables fine Vaal Eden Committee grain sand to be separated easily. The finished product will then be Non-Executive How is the screening plant going to operate and Screening Plant Gavin Aboud 10-Apr-21 FGM loaded onto customer trucks. Director: Federation what mitigation measures have been put in place? Various specialist investigations have been undertaken to assess the for a Sustainable impacts of the screening process. Mitigation measures (i.e., measures to Environment (FSE) deal with dust, noise, etc.) have been proposed and included in the Regulation 31 Amendment report as well as separate specialist studies appended to the report.
Is Sweet Sensation going to mine sand that was Sweet Sensation have enough sand reserves to mine, and this never intended to be mined? Why would they application has nothing to do with the extension of the LoM [Life of Mine]. include a screening in their operation if the sand The mine has saleable sand of about 14 million m3. The reason why they are mining is not finished? I think the sand is screening is now proposed is because during the sand excavation finished and Sweet Sensation does not want to process, some of the sand layers and clay were mixed and this mixing of close their mine. sand and clay reduced the usability of the product. The mixed sand and clay were placed back into the mined areas for rehabilitation purposes, however; it is Sweet Sensation’s intention to re-mine the area to extract Sand Reserve Craig Richardson I&AP 10-Apr-21 FGM Sweet Sensation had a MR to mine sand and now the sand (mixed sand) which was previously unsuitable for sale. their reserves are almost depleted, hence they are Sweet Sensation is authorised to mine sand up to 10 m (depth). However, adding a screening machine to extend their LoM All the current depth of mining is approximately 3 m as it is not feasible to Sweet Sensations want to do is to add more mine 10 m in one go. Therefore, the sand to be re-mined for screening impacts on the environment instead of closing their purposes was meant to be mined as the mine can still go back and mine operations. In my opinion, you are putting the those areas which have been previously mined-out. screening so that you can extend the life of the The LoM for Sweet Sensation is granted until 2026. Sweet Sensation is mine. not proposing to mine any areas that have not already been approved to be mined.
A rehabilitation audit was undertaken on 4 November 2020. The rehabilitation specialist found that rehabilitation had been undertaken on site, however, this was not done to a satisfactory level. The various issues Sweet Sensations have not been undertaking identified have been detailed in the Regulation 31 Amendment report as concurrent rehabilitation as per their authorisations. well as the Rehabilitation Audit report. Rehabilitation Marianne Bilsland PRUT 10-Apr-21 FGM In addition, according to the management of the Recommendations have been provided to Sweet Sensations to address Mine, there was never a plan to rehabilitate mined issues identified and as part of the interventions proposed, it was also areas, hence no rehabilitation is being undertaken. recommended that the mine must undertake another rehabilitation audit to ensure that mitigation measures implemented for rehabilitation are on the right trajectory to meet a sustainable end land-use. The mine is
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution committed to implement these interventions. Additionally, the mine as part of the approved EMPr [Environmental Management Programme] must rehabilitate the area after mining has been completed which must be done concurrently.
Thank you for the comment. As per the EMPr [Environmental Management Programme] no more than one strip is opened at a given time during mining. Once mining has been completed in that area the Sweet Sensation, do not do one strip at a time and Craig Richardson I&AP 10-Apr-21 FGM mien must undertake concurrent rehabilitation to rehabilitate the area that rehabilitate had been mined. The mine as part of the approved EMPr must rehabilitate the area after mining has been completed which must be done concurrently.
Chairperson: The rehabilitation audit which assessed the rehabilitation currently being Access to Rehabilitation Aragea Holland- Can we have the rehabilitation plan available Vaaloewer ratepayers 10-Apr-21 FGM undertaken at the mine has been attached as an appendix to the Plan Fredericks please? Association Regulation 31 Amendment report which is available for review
Sweet Sensation is committed to rectifying the issues that have been identified by the rehabilitation audit and implement the recommendations proposed by the specialist. Further rehabilitation audits have been recommended to determine compliance and assist the mine with their rehabilitation. Dorean and Digby Wells have noted that Sweet In addition to this, environmental audits are being undertaken to Sensation does not do rehabilitation. What Rehabilitation determine compliance to the approved EMPr [Environmental assurance do we have that they will now Management Programme] conditions which requires the mine to implement the proposed interventions? Chairman: Protect rehabilitate the areas which have already been mined. Vaal Eden Committee Additionally, should the DMRE [Department of Mineral Resources and Non-Executive Energy] find the rehabilitation which Sweet Sensation is undertaking is not Gavin Aboud 10-Apr-21 FGM Director: Federation adequate, they have the right to issue a directive which will legally force for a Sustainable the mine to undertake the required rehabilitation measures. Environment (FSE) The mine has implemented a number of improvements since correspondence from the DMRE [Department of Mineral Resources and The non-conformances were issued by the DMRE Energy] was received. I&APs [Interested and Affected Parties] who are [Department of Mineral Resources and Energy] to interested and would like to view the mines’ records are welcome to Non-conformances Sweet Sensation for not complying with the issued engage with the Mine Manager to obtain these records. authorisations. Seemingly, the mine has not taken During the rehabilitation audit undertaken in November 2020, any actions to ensure compliance. rehabilitation issues were identified, and recommendations have been made to address these issues. Sweet Sensation is committed to ensuring these recommendations are implemented.
Our main concern is that the mine is not complying Thank you for your comment. Please note that additional mitigation Compliance with with the conditions stipulated in the EMPr measures have been proposed to deal with dust generated during mining Environmental [Environmental Management Programme]. The activities to minimise the impact to the residences. Sweet Sensation I&AP Resident 10-Apr-21 FGM Management Programme mine does not care about our lives, which is more undertake audits to determine compliance to the EMPr [Environmental (EMPr) frustrating as we are the ones who have to deal Management Programme] conditions and I&APs [Interested and Affected with the dust. Parties] will be made aware of these audits and findings thereof.
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There is currently one excavator on site. The mine has one excavator, one FEL and one Dozer. Yes, the Mining Plan indicates one excavator, How many excavators is the mine allowed to have but Sweet Sensation is permitted to have more than one based on the on site? needs of the mine. The DMRE [Department of Mineral Resources and Chairman: Protect Sweet Sensations’ mining plan permits the use of Energy] explained (at a meeting held with stakeholders on 18 July 2019) Vaal Eden Committee one excavator. that the mine can have whatever equipment on site, as long as the mining Non-Executive process as stipulated in the approved EMPr [Environmental Management Equipment on site Gavin Aboud 10-Apr-21 FGM Director: Federation Programme] does not change. for a Sustainable The screening process is a beneficiation process and was not included in Environment (FSE) Then if they are allowed to have equipment without the approved EMPr [Environmental Management Programme]. Therefore, an EA [Environmental Authorisation], why don’t it changes the mining process authorised by the DMRE [Department of they just add the screening plant without applying Mineral Resources and Energy], hence Sweet Sensation is undertaking a for authorisation? Regulation 31 Amendment Process to change the mining method currently employed at the mine.
Long term sound level measurements indicate equivalent ambient sound Gauteng regulations states that "you may not Noise - Gauteng levels of 51 dBA. With correct management, the long-term noise levels Craig Richardson I&AP 10-Apr-21 FGM exceed 45dB noise level". Is the machinery not regulations should not exceed the SANS 10103 noise rating level for a suburban going to exceed the 45-noise dB level? noise district.
Noise levels can be measured once the Finlay machine has been placed What is the likelihood that you could do a noise in operation. The mine must implement a noise monitoring programme to Noise management management exercise on Vaaloewer to provide accurately define the noise levels from the mining operation as well as the exercise to be undertaken assurance to the community that this screening proposed screen. This information could be used to estimate potential at Vaaloewer plant will not negatively affect them? noise levels at the surrounding environment, as well as to identify further Chairperson: appropriate mitigation measures that may be required. Aragea Holland- Vaaloewer Ratepayers 10-Apr-21 FGM Fredericks No, the screening plant will generate noise. However, the inclusion of the Association screening process will slightly raise the noise levels at the closest Are you implying that the screening machine will potential noise-sensitive receptors (since it will be located within a MRA Noise from screening not generate any noise? Have you done any [Mining Right Area], where mining activities are taking place). The overall machine assessment on the Vaaloewer? calculated severity of the noise impact during the operational phase is minor (low) negative. Mitigation measures have been provided to reduce the noise generated by the machine.
It is quiet at night, but the problem is with the Thank you for your comment. A noise impact assessment was daytime, the noise is just too much as their undertaken, and mitigation measures have been included in the report. Noise - Day and night Marianne Bilsland PRUT 10-Apr-21 FGM operation starts from very early in the morning and The Mine Manger is willing to make changes and work with the working hours now adding a screening plant raises more community to reduce the noise levels and implement the mitigation concerns in the community of Vaaloewer. measures proposed in the noise specialist report.
The I&APs [Interested and Affected Parties] should Thank you for your comment. The environmental audit reports are Access to audit report have access to the information of whether Sweet required to be made available to the public. Sweet Sensation will ensure I&AP Resident 10-Apr-21 FGM conducted Sensation is complying or not. Audit reports should that I&APs [Interested and Affected Parties] are notified when the audit be made available to the public. reports are available for review.
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution
It is the mine’s intention to work with the community. It was previously Graham give us some sort of commitment; ensure suggested that a forum should be established but there were certain Forming a forum us we work together in fixing the mess that has community members who were not interested. A community group with been caused by the mine. Sweet Sensation has now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community.
It is sad that even during your MR [Mining Right] It is acknowledged that historical issues have occurred in the past Consultation with application we were never consulted, I bought my between the mine and the community. The database used then has since Interested and Affection Marianne Bilsland PRUT 10-Apr-21 FGM house in 2007 (Vaaloewer) and was never been updated and you will be informed (as an I&AP [Interested and Parties (I&APs) consulted and I am meters away from the mine. Affected Party]) of the mining processes moving forward.
The current operational hours are not documented in the approved Environmental Management Programme (EMPr), the Mine Works Programme (MWP) or the Social and Labour Plan (SLP). The mine has I want clarification on the mining operation hours, is indicated that their operating hours are from Monday – Friday 06:00 - it correct that the mine can operate 24 hours? Mining hours I&AP Resident 10-Apr-21 FGM 16:30. This information was provided by Sweet Sensation. The page that I was under the impression that it operates from was provide by Mr Aboud during the public meeting which he said 8am until 4pm. showed the working hours of the mine could not be verified in any of the approved documentation which was provided to Digby Wells by Sweet Sensation.
During the first consultation in 2018, we as owners of Plot 2, Pont de Val, Vaal Eden, objected to the granting of a mining license to the Monte Cristo Commercial Park (Pty) Ltd. Thank you for your comment. Please note that this is not a new mining We hereby again lodge our objection to this mining application but an amendment application. application as we are directly impacted by this The proposed inclusion of the screening process into the approved EMPr proposed operation as an adjacent farm portion to [Environmental Management Programme] will not physically disturb any this land. additional areas, that have not already been approved as part of the MR In your document – one of the reasons stated that [Mining Right] and will be placed on top of areas which will or have this project was halted was “Unprecedented already been disturbed by the sand mining process. Various specialist number of objections from I&APs [Interested and studies were undertaken in support of this application and mitigation Simone and Allan Affected Parties] due to the sensitivity of the mining measures have been proposed to minimise or avoid negative impacts. Objection to mining Resident 10-Apr-21 Email Santana footprint.” Our views and objections as I&AP However, your objection has been noted and will be submitted to the remain and cannot go ahead in such a sensitive DMRE [Department of Mineral Resources and Energy]. natural area that contains not only part of the Vaal river system but is also part of the Vredefort Dome World Heritage site.
Thank you for your comment. Please note that the Sweet Sensation We stand by the below objections we raised and Project area is located 350 m from the Vaal River and no impacts are refute the comments on the basis that this project envisaged to occur to the water system from the proposed inclusion of the will most definitely negatively impact the Vaal River screening process into the mining method. water source and the biodiversity in the area, not to Various specialist studies were undertaken including fauna and flora, air mention our property value, borehole water, quality, noise, etc. These studies found that the impacts resulting from the security, noise and air pollution, safety and inclusion of the screening process are negligible and can be mitigated.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution peaceful environment. Various mitigation measures have been proposed and are included in the @[email protected] Regulation 31 Amendment report. No additional areas outside the approved mining area will be impacted by the inclusion of the screening process. No study was undertaken to assess impacts on property values as the inclusion of the screening process will not have an impact to the property values of the area. The mine management is willing to work with the community to ensure that proper actions are taken in order to ensure that the mine mitigates environmental impacts (i.e., dust generated) accordingly.
I quote from the UNESCO World Heritage Convention: “Various legal instruments are also applicable to ensure the protection of the property: These pieces of legislation include the Environmental Conservation Act (Act No. 73 of 1989), the National Environmental Management Act (Act No. 107 of 1998), the Physical Planning Act (Act No. 88 of 1967), the Subdivision of Agricultural Land Act (Act No. 70 of 1970), the Free State Township Thank you for your comment. Sweet Sensation Mine was subjected to an Ordinance (Ord. No. 9 of 1969), National environmental impact assessment process and received authorisation Environmental Management Biodiversity Act (Act from the DMRE [Department of Mineral Resources and Energy] in 2016. No 10 of 2004) and the Free State Nature According to the National List of threatened terrestrial ecosystems, the Conservation Ordinance (Ord. No. 8 of 1969). In Project area does not fall within any original or remaining extents of a terms of these laws, all development within or threatened ecosystem. Additionally, the Project area does not traverse outside the property is subjected to an any protected areas at this stage. environmental impact assessment. Once the World Heritage Convention Act also applies to this property, it will automatically be recognized as a protected area in terms of the National Environmental Management: Protected Areas (Act 57 of 2003). Protection in terms of the latter legislation also implies that mining or prospecting will be completely prohibited within the property or its buffer zone.”
In a research paper (attached for your reference) Thank you for your comments. Please note that various specialist conducted by the Northwest University, there is investigations were undertaken (including fauna and flora, as well as enough evidence to assert our rights to preserve heritage) as part of this application. The proposed inclusion of a screening the land for it’s unique value: machine will not negatively affect heritage resources and will have a • More than 55 heritage sites of provincial and local negligible negative impact on the fauna and flora in the area. Species of value conservation concern have been identified within the mining area and • 99 identified plant species, mitigation measures have been proposed to ensure these species are • the largest wild olive forest in South Africa, persevered and not impacted by the mine. • more than 450 identified bird species,
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Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801
Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution • 70 butterfly species, and • are fauna such as the rooikat, aardwolf, leopard and rock dassie.
Land use is predominantly rural and includes small-scale agriculture in the valleys and tourists’ facilities (accommodation and recreation). The area boasts excellent preserved farm landscape and settlement patterns. Features include old water furrows, irrigation gardens, orchards, giant tree Thank you for your email. Your objection has been noted will be complexes and old Iron Age settlement ruins. submitted to the DMRE [Department of Mineral Resources and Energy]. Aside from personal objections listed below; I would like to add the above as part of the reason to stop this mining project from going ahead. Please feel free to contact me directly for comment.
The Star newspaper is a free newspaper in our area, and we have not received that since Covid Thank you for informing us. The announcements were placed in the Star Star Newspaper Gea Holland Vaaloewer Superette 12-Apr-21 Email started. They have not delivered that newspaper in and the Parys Gazette on 03 March 2021 and again on the 5 March 2021. ages.
Dear Bob (and All), I thank you for copying the FSE on your correspondence. I once more apologise for not being in the position to attend and participate in the meeting on CEO: Federation for a Saturday. I laboured under the mis-supposition Request for electronic Thank you for the email. The presentation was submitted to you on 13 Mariette Liefferink Sustainable 12-Apr-21 Email that the meeting was to be held virtually. copies of the presentation April 2021. Environment (FSE) Claire, may I kindly request electronic copies of the presentations, which were presented by Digby Wells on Saturday? I can travel to your offices if necessary. In anticipation, please accept my sincere thanks. Best Regards
Good day Thank you for your email. Your comments have been captured and will be I attended the FGM [Focus Group Meeting] held by included in the final Regulation 31 Amendment report to be submitted to Digby Wells on 10/04/2021. the DMRE [Department of Mineral Resources and Energy]. I understand that the meeting on Saturday was The cumulative impacts were taken into consideration and are presented recorded and the points made by I&APs [Interested Cumulative impacts and in Section 13 of the Regulation 31 Amendment report. However the Marianne Bilsland PRUT 12-Apr-21 Email and Affected Party] will be included in the report to operational hours current proposed mines have not been taken into consideration as the the DMRE [Department of Mineral Resources and mine is currently in its application phase and therefore the impacts these Energy]. new proposed mines may have on the environment may not arise and However, there are certain items that I personally therefore will not accurately reflect the current environmental conditions have to reiterate for inclusion in the report to the experienced by Sweet Sensation. It will be the new mines responsibility DMR: during the EIA [Environmental Impact Assessment] phase to cumulatively
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution • It is of great concern that the request for the assess what impacts their mine may have on top of the impacts Sweet cumulative effect of the 3 mines in the area Sensation and other businesses in the area (farming etc.) are currently (proposed or otherwise) is not under consideration. having on the environment. • It is of great concern that the operating hours of The current operational hours are not documented in the approved the mine are not stated. Mr Rogers of Sweet Environmental Management Programme (EMPr), the Mine Works Sensations intimated that the mine can legally Programme (MWP) or the Social and Labour Plan (SLP). The mine has operate 24 hours, 7 days a week if so required. indicated that their operating hours are from Monday – Friday 06:00 - 16:30. This information was provided by Sweet Sensation. The page that was provide by Mr Aboud during the public meeting which he said showed the working hours of the mine could not be verified in any of the approved documentation which was provide to Digby Wells by Sweet Sensation.
Digby Wells constantly refers to Sweet Sensation Vaal Sands (Pty) Ltd (Sweet Sensation) having an approved Mining Right (DMRE Ref. No. FS30/5/1/2/2/10018 MR), granted in 2016. My Vaaloewer property was purchased in 2007. Thank you for your comments. Digby Wells acknowledges that there are The consultation process took place in 2015 and at historical issues regarding how the PPP [Public Participation Process] no stage was I given the opportunity to partake in was conducted in 2016. As part of this Regulation 31 Amendment Public Participation the Public Participation Process (PPP). Process, you as well as other community members of Vaaloewer and the Process (PPP) With reference to the EIA [Environmental Impact informal settlement are recognised as an I&AP [Interested and Affected Assessment] of the application; Party] and will be informed of any developments taking place as part of Point 11 – Identification of interested and affected this amendment process. parties. The identified list makes no mention of the township of Vaaloewer being an interested and affected party, although it borders Sweet sensations Mine.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution
Site notices were placed at the following locations for the Regulation 31 Amendment Process as shown below. Therefore, site notices were placed at Vaaloewer and a site notice report has been appended to this report as Appendix C. Although the hard copy of the report was made available at the Parys Library, online versions of the report was made available via the Digby Wells website and on a data free platform. The notification process undertaken by Digby Wells complies with the requirements as stipulated by the EIA [Environmental Impact Assessment] Regulations, 2014 (as amended) [GN R982 of 04 December Point 12 – Details of the engagement process 2014, as amended] and therefore it is the responsibility of the landowner, ‘Neighbours were personally visited to inform them occupier or stakeholder to engage with Digby Wells utilising the of the proposed project’. The proximity of the mine notification material utilised such as the site notice, advert and email to Vaaloewer would classify Vaaloewer as a communication to ensure they have been incorporated onto the database.
neighbour, yet there is no record of anyone in Vaaloewer being personally visited. Public Place Coordinates ‘A site notice was placed at the entrance to the 26°46’47.35’’S farm De Pont and an advert in the Parys Location 1: T-Junction next to the River Gazette……a copy of the EMPr was made Lodge Estate 27°40’47.85’’E Placement of site notices available at the Parys public library…’. 26°47'30.03"S Parys is approx. 25kms from the mine, the distance Location 2: T-Junction Road to Vaal Eden 27°40'15.95"E to homes in Vaaloewer range from 1.5 to 5kms (approx. measurements taken from google maps in 26°45'40.02"S Location 3: Vaal Eden Mini Market a straight line) 27°35'13.34"E At the very least, a notice at the entrance to 26°45'10.05"S Vaaloewer should have been displayed. Location 4: Sweet Sensation Entrance Gate 27°35'15.02"E I am of the opinion that the exclusion of Vaaloewer in the PPP was a serious contravention in the 26°44'27.23"S Location 5: Tahiti Estate granting of the mining licence. 27°39'26.01"E
Location 6: Vaaloewer Estate - Notice 26°43'35.56"S Board 27°35'22.07"E
Location 7: Vaal Oewer Informal 26°43'45.76"S Settlement. 27°34'59.90"E
Location 8: Vaal Oewer Bakery, Take Away 26°44'16.21"S Shop 27°34'22.81"E
The management and staff of DIGBY WELLS need to be congratulated on the way in which they handled all the various issues. The presentations Focus Group Meeting Thank you for the compliment. Please see responses to your questions Philip Hartslief Vaal Oewer resident 12-Apr-21 Email of the experts they engaged were thorough, in (FGM) held below. depth and objective. However, this “thoroughness” raises more questions and concerns than were answered.
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QUESTION ONE: There may well have been such a presentation-if ● The screening machine will be diesel driven. so, please email it to me. ● The diesel that is currently store onsite will be utilised to refuel the Would be interested to know if the proposed unit machine. (amongst other things): ● The emissions from the machine will be negligible as it will only be • Is it diesel driven? one machine added and therefore the impact that was looked as • If so, what will occur with increased Diesel was more focused on the noise and dust generation that would be storage (health and safety) as at a guess such a generated from the operation of the machine. unit working ten hours a day 9(rom 6-00am to 4- ● The vibrations generated from the screening machine will be Mining process and 00pm) will use 3000 liters per week or a liter per minimal and should not have any impact beyond the mining right screening machine minute? boundary. • Emissions from the unit—I do not think this was ● The screening machine does not required water to operate. discussed during the presentation on dust (air ● The sand is stiped in phases with one layer removed at a time. As pollution) the mine progresses it will get deeper into the sand layer. The front- • Vibration of machine—how exactly does such a end loader/excavator will tip the sand into the screening machine machine work? and the machine will sperate the sand into the three sand participle • Does such a machine require water? sizes. • How does the COMPACTED material that is 10 m ● Should you require any further information specific to the machine below the machine get into the machine? the request can be directed to the mine itself. • Any other pertinent information on the unit itself.
Given the in-depth investigation that Digby Wells did and presented to the gathered IAP’s for ONE SANDPLANT ----only highlights what has NOT happened in the past and begs the question: Your comment has been recorded and will be submitted to the DMRE [Department of Mineral Resources and Energy] for consideration. Digby HOW DID SWEET SENSATIONS GET A MINING Wells was not responsible for the submission of the Mining Right RIGHT IN THE FIRST PLACE? application in 2015 and therefore we unfortunately cannot comment on As IAP’s we have to ask were similar professional whether the process undertaken to secure the Mining Right was as investigations done at the outset –when SS first detailed as the work that was conducted in support of this Regulation 31 applied for a mining right---on the impacts any Amendment Process. However, it should be noted that the DMRE granted mining activity at VAAL EDEN would have on the Mining Right for Sweet Sensation and therefore there would have Issued authorisations noise, tourism, dust, traffic, environment, social, been specific guidelines that were required to be compiled with in order economic etc. to the Vaal Eden community and for the Department to grant such a licence. presented to ALL IAP’s—just as DW did on the 10th 2021 for the sand plant application. IF SO— WHERE ARE THEY?
What became quite clear, during the DW presentation is that there is a solid legal system in place in SA for mining right applications and this Your comment has been recorded and will be submitted to the DMRE system works, if it is not circumvented. The system [Department of Mineral Resources and Energy] for consideration. that is in place, is there to protect all aspects affecting communities. From the outset of this
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution mining operation the fundamental starting point of what the law requires has been circumvented.
QUESTION TWO: Please ask the DMR to explain to the affected Your comment has been recorded and will be submitted to the DMRE community how Sweet Sensations EVER obtained [Department of Mineral Resources and Energy] for consideration. a mining license on agricultural land. The Ngwathe Local Municipality has not adopted a land use scheme as I would suggest that saying the Ngwathe spatial contemplated in Section 24(1) of the Spatial Planning and Land Use plan allows mining on agricultural land – – is quite management Act, 2013 (Act No. 16 of 2013) (SPLUMA) to date. meaningless -given the MAC SANDS HIGH Furthermore, the Ngwathe Local Municipality confirmed that it had no COURT RULING—as NO SPATIAL plan objection to the establishment of the mine and that Sweet Sensation supersedes a HIGH COURT Judgement, could continue mining sand on the property which was not in especially when the Ngwathe Integrated contravention of the Local Municipalities Integrated Development Plan. Development plan, states this entire area is zoned Consequently, Sweet Sensation is not obligated to apply for a rezoning for TOURISM, as it is the entrance portal and application to continue with its mining operations. “scenic route” to the WORLD HERITAGE SITE the VREDEFORT DOME.
By circumventing the requirements of rezoning the farms ---on which the mines now operate- from Agriculture to Mining-- ALL checks and balances that SHOULD BE CONSIDERED at the outset are rendered USELESS such as: • What will the economic impacts be on existing businesses • Can the existing roads handle over 90 trips a day Your comment has been recorded and will be submitted to the DMRE by 56 ton articulated vehicles [Department of Mineral Resources and Energy] for consideration. • Environmental impacts: EG Noise, Dust, Water The Ngwathe Local Municipality has not adopted a land use scheme as consumption. contemplated in Section 24(1) of the Spatial Planning and Land Use • Impacts on home/property values management Act, 2013 (Act No. 16 of 2013) (SPLUMA) to date. Rezoning Furthermore, the Ngwathe Local Municipality confirmed that it had no • Not having to pay any Municipal rates and taxes. objection to the establishment of the mine and that Sweet Sensation • Perhaps only paying farm laborer’s wages. could continue mining sand on the property which was not in • Traffic impacts on neighbours in terms of trucks contravention of the Local Municipalities Integrated Development Plan. arriving at 4-30 am daily.BUT PERHAPS MORE Consequently, Sweet Sensation is not obligated to apply for a rezoning IMPORTANTLY: application to continue with its mining operations. What became abundantly clear during all the experts’ reports yesterday: BECAUSE THE LAND REMAINS ZONED AS AGRICULTURAL the base line for any evaluation is based on requirements for AGRICULTURAL land and NOT A MINE!
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution LEGAL REQUIREMENTS for noise, dust, traffic, etc. limits/levels are those applicable to AGRICULTURAL FARMLAND and no cognizance is taken OR HAS TO BE TAKEN of the fact that there are 200 residential homes within 500 meters of the mining activities as the land on which the plant is to be situated is “farmland.” The experts cannot be blamed in any way, as they can only deal with what they are working with: EG: Noise levels legislated for a farm. (agricultural land). It would seem that had these properties that the mining is now taking place on -been zoned as mines -many outcomes would be different.
Obviously, Digby Wells have been briefed by SS to make application on their behalf for the installation of a sand plant. Establish the Environmental impacts such a sand plant machine would cause, and which machine would create dust, fumes, move around the property, and emit 98 decibels of noise, when standing one meter away from it. DW are also tasked to make recommendations to SS as to what SS must implement to mitigate Environmental issues of concern. Whether SS Thank you for your comment. It is agreed that no social and economic comply with implementing these requirements or impact assessment was undertaken as part of this amendment process. not is subject of an audit once a year conducted by Digby Wells was guided by the Department on what specialist studies another IAPSA registered Company (other than would be required as well as Digby Wells understanding of the project. DW) and which audit is available for inspection by Based on the understanding that the inclusion of the screening process Social and Economic the public. into the mining method would not increase the LoM [Life of Mine] or Impacts expand the mining footprint in anyway the social and economic impacts Digby Wells are not only a firm that specializes in there were assessed as part of the previous EMPr [Environmental Environmental Impact assessments, but they are Management Programme] would remain applicable to this amendment also registered Social Consultants. process. The amendment process would not result in further negative The brief from SS (and no doubt the DW quotation impacts to the community other than the impacts already identified to SS) is to apply under Section 32 and address all previously. associated environmental issues, with regard to the installation of a sand plant. We all know that ANY mining activity does not only have environmental impacts but also has social and economic impacts as well. I believe Claire indicated to the IAPS that DW were not briefed to consider what Social and economic impact a new sand plant on that property would have on the community.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution This in and unto itself does NOT mean there will be no social or economic impacts on the community, it simply means they were NOT addressed or considered.
QUESTION THREE Are DIGBY WELLS not required to assess the impact on these aspects (social and economic) --- as well as the environment as they are all connected to one another?
QUESTION FOUR: If DW are not required to assess the Social and Economic impacts of installing a new sand plant on the community- I would therefore ask Digby Wells - -how we- as the community should proceed in this regard? Obviously, there have been and there will continue to be NUMEROUS ECONOMIC impacts on the community. FROM WHAT WAS EXPLAINED TO US-- THIS IS WHAT WE BELIEVE SWEET SENSATIONS ARE GOING TO NOW DO:
QUESTION FIVE Sweet Sensation was issued a MR [Mining Right] (FS 30/5/1/2/2/10018 We are told by SS that they are allowed to mine to MR) by the DMRE [Department of Mineral Resources and Energy] in a depth of 10m—Where does this right come from? 2016. This permits them to mine sand in the area. In any event, this has apparently NOT happened. The Mining Works Programme submitted to the DMRE as part of the SS only mined down 3 meters effectively only thus application shows that the mine is permitted to mine to a depth of 10 m. far selling the soft upper section of the soils. As confirmed by Sweet Sensation, they have currently mined to a depth SS were required to do concurrent rehabilitation. of 3 m. As per their legal requirement and commitments made in the From a presentation yesterday by DW this has EMPr [Environmental Management Programme], the mine must happened, but the requirement (advice) by DW is undertake concurrent rehabilitation which means as one area is mined Mining Process now to fertilize and seed these areas. and sand extracted, when the mine completes the mining of that area and moves to the next area, Sweet Sensation must undertake rehabilitation QUESTION SIX activities on the area which was mined regardless of whether the mine Is this a requirement or a suggestion by DW to still wishes to go back and re-mine the area. Should the Regulation 31 SS?What is apparently now going to happen is Amendment Process be approved the area which has been rehabilitated that, in effect, from what we understand, Sweet will be remined and the remaining sand that is left there will be extracted. Sensations are going to start mining again on the Once the sand is extracted the mine will have to go back and rehabilitate rehabilitated section on their Southern boundary. the area as per the recommendations in the EMPr and Rehabilitation Audit.
QUESTION SEVEN No, it does not require a new mining application or license as Sweet Rezoning Does the “re-mining “of already rehabilitated lands Sensation’s MR [Mining Right] is still valid. Sweet Sensation was do not require a NEW mining application and authorised to mine to a depth of 10 m, however, they have currently
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution license? mined to a depth of 3 m. But mining to that depth at one go is not feasible, In a direct question to the mine general manager, hence the mine will go back and re-mine the area. he indicated that SS would not “mine” at two points Please refer to Figure 5-5, Part A of the Regulation 31 Amendment report. simultaneously. The figure shows the proposed areas for screening and how mining will be undertaken. So long as the LoM [Life of Mine] and mining area does not change no new mining application will need to be submitted.
Noise levels can be measured once the Finlay machine has been placed QUESTION EIGHT in operation. The mine must implement a noise monitoring programme to Could you please insert this in your report to the accurately define the noise levels from the mining operation as well as the DMR? proposed screen. This information could be used to estimate potential From a map that was presented to us, it showed noise levels at the surrounding environment, as well as to identify further where the sand plant would operate over the next 5 appropriate mitigation measures that may be required. Therefore. it will be years. In 2026 the sand plant will operate on the required to undertake noise monitoring around the mining area to ensure Noise Northern boundary of the mine– the boundary the noise levels do not exceed legislative limits. As the screening machine closest to the Vaal Oewer residences. moves the noise levels will increase in some areas and dissipate in others On asking if a noise meter could be set up at that therefore the locations of the noise monitoring stations would need to be point –in a residence on Vaal Oewer – the fixed to ensure the most accurate noise levels are recorded at the mine community were advised that this was `NOT over a period of time and these fluctuations in noise levels can be required and could NOT be done, as the mine was understood. Your comment has however been recorded and submitted to on agricultural land. the DMRE [Department of Mineral Resources and Energy] for consideration.
QUESTION NINE: Sweet Sensation it required to ensure they submit a SLP [Social and Is this correct? Labour Plan] with their Mining Right application and that the SLP and It is a condition precedent of the mining right EMPr [Environmental Management Programme] which governs the mine issued to Sweet Sensations that they (SS) adhere are complied with. The DMRE [Department of Mineral Resources and SLP to the word and letter of their approved Social and Energy] determines whether the mine is adequately complying with the Labour Plan. Failure to do so is a contravention of requirements of these documents and can issue a directive, should they their mining right and as such IF they are in feel it is required, to instruct the mine to comply with whatever activities contravention of their SLP [Social and Labour Plan] they feel is not being complied with. However, to date the DMRE have not their mining right must be revoked, and SS should issued the mine with a Directive to cease mining activities. be instructed to stop all mining immediately.
QUESTION TEN: Is SS mining license in good standing today? Yes, Sweet Sensations’ MR [Mining Right] is in good standing and If their license is revoked, they cannot make an expires on 30 March 2026. However, Digby Wells cannot comment on the application for a sand plant. Therefore, compliance SLP [Social and Labour Plan] as it is not part of the current scope of work. Mining License Validity or noncompliance of their SLP [Social and Labour Nonetheless, the Mine Manager proposed to establish a forum comprising and Social Labour Plan Philip Hartslief Vaal Oewer resident 12-Apr-21 Email Plan] is of the utmost importance. I&APs [Interested and Affected Parties] and this platform can therefore be (SLP) used to address such issues. As mentioned during the meeting held on I have personally raised this issue with the mine on 10 April 2021, the Mine Manager reiterated that he is willing to work with numerous occasions. At a meeting at Ngwathe in the community, share information with I&APs and show their compliance July 2019 this issue was raised by myself and status to date. Craig Richardson and we were assured that all aspects of the SLP were being complied with and
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution we were assured that evidence to this effect would Please note that the progress on the SLP of Sweet Sensations Vaal Sand be provided to us “after the meeting. “This has is reported to DMRE [Department of Mineral Resources and Energy] as never happened. required by law. Obligations under the SLP are adhered to and up to date. I have raised this issue with Digby Wells to be told it does not form part of their brief (see above). I requested the mine to present evidence that they were in fact in compliance of their SLP at the meeting on the 10Th –April --this did not happen. At the meeting on the 10th of April the mine general manager ONCE AGAIN assured all of us that all conditions of their SLP “are being met.” Again, no evidence of this was forth coming. There are numerous issues that SS have to implement in terms of their SLP e-one being set out on page 11 of the 68-page document which says: SS envisages spending up to 10% of its payroll on Human Resource Development and LOCAL ECONOMIC DEVELOPMENT (subject to business performance and the state of the South African economy). On previous occasions when this point was raised the response was that SS were not making “much money” and had a small payroll. Therefore, I subscribed to Dun and Bradtreet (an International financial analysis company) to obtain accurate information about the finances of SS. This document attached below shows SS has an annual income of R99m and employs 47 people. This would suggest the company is doing very well and is substantiated by the DW traffic study stating that about 45 trucks are loaded per day at the SS mine. 47 employees at (say R8000 each per month) ((exact figures are not available)) will be a payroll of say R350 000 per month or about R4,5m of which 10% is R450 000-00 Sweet Sensations say this report by Dun and Bradstreet is wrong and this report is about “another Sweet Sensations Vaal Sand Pty Ltd.: and is not them!
The comments, concerns and requests raised in General 13-Apr-21 Email Thank you for your comments. Please see responses below. this report is an outcome of The Community Forum
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution meeting held by Digby Wells on 10 April 2021 from 1. Sweet Sensation’s commitments have been included in the SLP. 8:00 to 13:00 Please consult the SLP [Social and Labour Plan] to determine what Date of this report: 13 April 2021 investments have been committed to by the Mine. It should be noted that the SLP is required to be updated every five years and therefore Sweet Proposer: The Vaaloewer Ratepayers Association Sensation SLP will need to be updated. 1. What investments will Sweet Sensations make 2. Site notices were placed at the following locations for the Regulation 31 toward the Vaaloewer? (the community that it Amendment Process as shown below. A hard copy of the report was operates within/ 1 km away) I.e.: work made available at the Parys Library, online versions of the report was also opportunities, education, infrastructure. made available via the Digby Wells website and on a data free platform. 2. The public participation session was not well The notification process undertaken by Digby Wells complies with the advertised in Vaaloewer as per the emails. requirements as stipulated by the EIA [Environmental Impact between Claire Wannenburgh and Aragea Holland- Assessment] Regulations, 2014 (as amended) [GN R982 of 04 December Fredericks on 9 April 2021. 2014, as amended] and therefore, it is the responsibility of the landowner, 3. The Social labour Plan has not been addressed. occupier or stakeholder to engage with Digby Wells utilising the When will the Social labour Plan be implemented? notification material utilised such as the site notice, advert and email 4. Flavius Mareka college in Sasolburg did not communication to ensure they have been incorporated onto the database. receive CSI [Corporal Social Investment] funds as Public Place Coordinates per the SLP [Social and Labour Plan]? When will this be effected? Location 1: T-Junction next to the River 26°46’47.35’’S Lodge Estate 27°40’47.85’’E
Chairperson: 26°47'30.03"S Aragea Holland- Location 2: T-Junction Road to Vaal Eden Vaaloewer Ratepayers 27°40'15.95"E Fredericks Association 26°45'40.02"S Location 3: Vaal Eden Mini Market 27°35'13.34"E
26°45'10.05"S Location 4: Sweet Sensation Entrance Gate 27°35'15.02"E
26°44'27.23"S Location 5: Tahiti Estate 27°39'26.01"E
26°43'35.56"S Location 6: Vaaloewer Estate - Notice Board 27°35'22.07"E
26°43'45.76"S Location 7: Vaal Oewer Informal Settlement. 27°34'59.90"E
Location 8: Vaal Oewer Bakery, Take Away 26°44'16.21"S Shop 27°34'22.81"E
3 & 4. The SLP will not be impacted by the Regulation 31 Amendment Process. A community group with Sweet Sensation has now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community. During these meetings, it can be required that the mine present their compliance with the requirements of the SLP.
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution
5. A community group with Sweet Sensation has now been set up where these issues can be discussed, and a way forward agreed to by the mine and the community. The mining right will expire in March 2026. The mining hours or labour force are not stipulated on the Mining Licence. Further questions regarding the labour force can be directed directly to 5. Can the mining licence and certificate be shared the mine. with the community for verification of the: 6. Sweet Sensations has commenced with rehabilitation. However, during -Expiry dates an audit undertaken by Digby Wells in November 2020, it was found that -Mining hours (which currently is outside of the this was not undertaken to a satisfactory level. Thus, interventions were previously agreed hours) provided to the mine for implementation to address the issues identified. -Labour Another rehabilitation audit has been recommended to assess whether 6. Rehabilitation is not being performed these mitigation measures have been successfully implemented and the simultaneously as per the Rehabilitation findings thereof will be made available to the I&APs [Interested and Management Plan and was found to be a non- Affected Parties]. conformance by the DMR [Department of Mineral 7. Thank you for your comment. The cumulative impacts were taken into Resources and Energy]. When will rehabilitation be consideration and are presented in Section 13 of the Regulation 31 initiated, and the plan followed? Amendment report. However, the current proposed mines have not been 7. Can the cumulative impact of the Sweet taken into consideration as the mine is currently in its application phase Sensations and Monte Christo mining operations and therefore the impacts these new proposed mines may have on the be assessed? environment may not arise and therefore will not accurately reflect the current environmental conditions experienced by Sweet Sensation. It will 8. What is the plan to repair the road up to be the new mines responsibility during the EIA [Environmental Impact standard to handle trucks? The Department of Assessment] phase to cumulatively assess what impacts their mine may Mining declared the road as unsafe. When will have on top of the impacts Sweet Sensation and other businesses and action be taken to address this finding? activities in the area (e.g. farming, etc.) are currently having on the 9. The Emissions presenter stated that: environment. a. “climate change is not a factor”. Can Digby 8. Due to budget limitations the Department suggests stabilising the base Wells provide the assurance to the Vaaloewer of the road and adding one or two layers of seal. This could last 5 years community that all determinants that were with occasional maintenance. It is recommended that the mine and measured, are below the Atmospheric Emissions community should work together with the department to rehabilitate the Standards, Atmospheric Emissions Limit, and other road. National Environmental Management Air Quality 9a. It was not within Digby Wells’ scope to assess greenhouse gases legal requirements? (GHG). Moreover, the sand mining operation will not exacerbate the
b. Emissions that were measured did not include levels of GHG gases such as CO2 [Carbon Dioxide], CH4 [Methane] and
silica emissions. Can Silica emissions be N2O [Nitrous Oxide] in the area. measured after the introduction of the Finlee Additionally, it was stated in the presentation that the area where air Separating machine and results be communicated quality exceedances occurred were confined within the mine boundary. to the community? However, in the event of extreme weather conditions resulting in increased wind speed, these exceedances may extend to areas outside the mining boundary. b. The assessment of silica was not within the current scope. The real- time monitor that was used to collect the air quality samples does not
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution measure silica. Therefore, for silica to be measures you will have to do XRD analysis which was not part of our scope nor was it required. The sand mining operation is not associated with the release of fresh silica therefore the air quality specialist does not see any risk associated with silica on human health.
10. The authorised depth of the mine is 10 m. However, the depth of mining at Sweet Sensations is no deeper than 10 m. Sweet Sensation have currently mined to a depth of 3 m. The mining licence does not provide this information however it is stated in the EMPr [Environmental Management Programme] and MWP [Mine Works Programme]. 10. What is the depth of the mine and does it comply with the mining licence? Can the Section of 11. This level is the estimated noise level expected should the screening the mining licence be provided? machine be implemented. 11. The noise study estimated the noise levels on 12. Noise levels can be measured once the Finlay machine has been banks of the Vaaloewer picnic area to be 48 placed in operation. The mine must implement a noise monitoring decibels during full operations (including when the programme to accurately define the noise levels from the mining Finlee separator machine is in operation). operation as well as the proposed screen. This information could be used to estimate potential noise levels at the surrounding environment, as well 12. Can this noise level be tested during full as to identify further appropriate mitigation measures that may be operations as stipulated above, verified and results required. Therefore, it will be required to undertake noise monitoring be communicated to the Vaaloewer community? around the mining area to ensure the noise levels do not exceed 13. Can Digby Wells provide the assurance that legislative limits. As the screening machine moves the noise levels will the noise levels will not exceed the noise limits as increase in some areas and dissipate in others therefore the locations of stated in SANS 10103, and SANS 10328 for the the noise monitoring stations would need to be fixed to ensure the most category of the area of Vaaloewer (at 48dB’s) in accurate noise levels are recorded at the mine over a period of time and the Vaaloewer picnic area when all the licencing these fluctuations in noise levels can be understood. requirements are met during full operations? 13. Long term sound level measurements indicate equivalent ambient 14. The graves immediately outside the sound levels of 51 dBA. With correct management, the long-term noise operations should be considered for inclusion into levels should not exceed the SANS 10103 noise rating level for a the Heritage Plan. suburban noise district. 15. The traffic, noise, emissions, air quality were 14. Yes, the graves have been included in the Heritage Management Plan all performed during the last quarter of 2020 during and will not be affected by the mining activities. the COVID restrictions. Can Digby Wells confirm 15. At the time that the studies were conducted the mine was in full that the results are applicable during normal full operation as the assessments were conducted in COVID Level 2 operational activities? restrictions. Escalations where however applied where applicable to 16. What noise engineering control measures will ensure an accurate estimation of what the normal full operational be employed to reduce the noise emissions activities would have been should have been no COVID restrictions. This generated by the Finlee separating machine which is specifically applicable to the Traffic Impact Assessment. is reported to generate 98db in accordance with its 16. Potential noise mitigation measures are discussed in the manufacturer’s specifications. Regulation 31 Amendment report. The following noise mitigation measures have been proposed: ● Ensure that all equipment is well maintained and fitted with the correct and appropriate noise abatement measures. Engine bay covers over heavy equipment could be pre-fitted with sound
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution absorbing material. Heavy covers that fully encloses the engine bay could be considered, ensuring that the seam gap between the hood and vehicle body is minimised; ● The mine should limit any activities before 06:00 and after 18:00. No mining activities must be permitted on Sundays; ● The operation should investigate the use of white-noise alarms instead of tonal reverse alarms on vehicles operating on roads, within the mining area and at stockpile areas; ● The mine should implement noise monitoring programme to accurately define the noise levels from the mining operation as well as the proposed screen. This information could be used to estimate potential noise levels at the surrounding environment, as well as to identify appropriate mitigation measures.
17. The noise measurement locations are depicted in Figure 6-1 of the noise report. The co-ordinates of the measurement locations are listed below: 17. What were the locations where the noise tests DWSSLTSL01 – -26.744121°; 27.584144° were performed? DWSSLTSL02 – -26.745531°; 27.589013° 18. Will Sweet Sensations Mining implement a DWSSLTSL03 – -26.733389°; 27.593826° noise monitoring programme as recommended by Digby Wells? DWSSLTSL04 – -26.735574°; 27.590016° 19. One excavator was approved. There are two 18. A noise monitoring programme will be implemented as recommended excavators in operation. Will the second excavator in the noise specialist study and Regulation 31 Amendment report be applied for as per the EIA regulations? 19. No, the mine is permitted to include any machinery required for the 20. Can water sprayers or other engineering mining of sand as long as the mining process approved in their EMPr control measures be introduced to consider does not change. Also, there is currently one excavator on site. The mine reducing the sand and dust impact that is currently has one excavator, one FEL and one Dozer. being experienced? 20. Thank you for the suggestion. The air quality specialist also 21. When will Sweet Sensations start the recommended the application of dust suppression measures on the haul Stakeholder engagement meetings with the roads and exposed areas to reducef the dust impact. Sweet Sensations community for collaboration, communication and have also been advised to not conduct mining on windy days, that is participation? The aforementioned was proposed when the wind speed is higher than 5.4 m/s. Detailed mitigation measures by the meeting participants and agreed to in the have been included in the Air Quality Impact Assessment Report. meeting on 10/4/2021 by the Mine Manager 21. A forum will be established by the Mine Manger and I&APs [Interested and Affected Parties] who are keen (as indicated during the meeting) will be invited to join the forum as soon as possible. Actions have been taken by the mine to set up this forum.
I live across the river from some of the mining A Noise Impact and Air Quality Impact Assessments were undertaken in operations and the noise level is already support of this application. The addition of a screening process will slightly Impact of mine Dawn Schepers Resident 13-Apr-21 Email sometimes extremely irritating. Between the noise, raise the noise levels and based on the rating system used by Enviro the fact that there is mining going on, the silica dust Acoustic Research cc, impacts on the surroundings are deemed low. which will no doubt kill us all in the end, our houses
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Organisation / Date of Means of Category of Issue Contributor Issue or Concern Raised Response Community Contribution Contribution are going to drop drastically in value, the business Additional mitigation measures have also been proposed to reduce the will not be able to survive at all. THIS IS NOT OK!!! noise levels generated by the mine. The air quality specialist highlighted that the proposed activities would result in negligible negative impacts on the surroundings without mitigation. To curtail emissions from mining operations from impacting receptors outside the MRA [Mining Right Area], mitigation measures have been proposed to reduce the dust levels. Your comment is however noted and has been submitted to the DMRE [Department of Mineral Resources and Energy] for consideration.
Dear Claire My comment, late as it is, is as follows. Can you confirm that the Free State roads No, the road was not designed to be used by heavy vehicles from the department has approved the use of Road ss171 mines as mentioned by the traffic specialist during the FGM [Focus Group SS171 road Fagmie Fredericks Resident 14-Apr-21 Email for mining and if so, please provide me with a copy Meeting]. However, mines in the area have been using this road to of approval thereto. transport their minerals. Thank you. Regards
Thank you for your email. Kindly take note that you have now been registered on our stakeholder database. I apologise for the confusion regarding the email address; however, I did check the site notice and it Dear Anela Sotashe, does refer to [email protected] as the email address to utilise. I have had some difficulty in trying to register as an Additionally, Save the Vaal was registered as an I&AP [Interested and IAP in respect of the above because the notice Affected Party] and were notified of the project. The email was submitted Digby Wells placed on a random fence gave the e- on 3 March 2021. mail address as [email protected]. Think you need to Please kindly take note that our review time period of the Regulation 31 Save The Vaal Registration as an I&AP Maureen Stewart 19-Apr-21 Email redo your notices. Amendment report was made available for public review from 4 March Environment Please see the attached letter regarding Save the 2021 to 12 April 2021. However, should you wish to comment on the Vaal Environment's request to be registered as an report please kindly do so and ensure your comments are submitted to us IAP. no later than 7 May 2021. Should you submit comments after this period we will forward your comments directly to the DMRE [Department of Regards Mineral Resources and Energy] for consideration. Maureen Stewart The reports can be accessed via the below links: ● http://www.digbywellsdocs.com/PublicDocuments/ ● http://view.datafree.co/PublicDocuments/
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10.5 Specialist Assessments Informed by Regulation 29 Amendment Project The following specialist assessments have been completed as a result of the issues and complaints raised regarding the Sweet Sensation Mine which were captured during the Regulation 29 Amendment Process. These complaints were not raised specifically in relation to the inclusion of the screening process, but rather the complaints relate specifically to the overall mining process. Due to the nature of the complaints and the mine’s intention to address each issue, separate assessments were conducted to indicate an independent view of the mining process:
● Heritage Site Management Plan and Chance Find Procedure;
● Traffic Assessment;
● Rehabilitation Assessment; and
● Third party review of Closure Cost Assessment compiled by Dorean Environmental Services (2020).
Summary of the Assessments/ Findings
10.5.1.1 Heritage Site Management Plan and Chance Find Procedure Gaigher (2015) identified a small, dilapidated mudbrick structure within the Sweet Sensation MRA. This structure could have historical significance and is to be avoided3 (See Section 11.9). A Heritage Site Management Plan and Chance Finds Procedure as requested by the SAHRA was compiled to provide a procedure to be undertaken in the event that heritage resources are identified during the sand mining process as well as list the heritage resources currently on site. The Heritage Site Management Plan and Chance Finds Procedure are appended to this report as Appendix G.
10.5.1.2 Traffic Assessment A Traffic Impact Assessment was undertaken to assess the impact that truck traffic generated by Sweet Sensation has on the road in the Project area (SS171) (please refer to Appendix H). The following alternatives were created for the purpose of the truck impact analysis:
● Alternative 1: Total Traffic (Scenario 1: Total traffic, i.e. Sweet Sensations mine trucks and other traffic) This alternative option models the impact of all traffic in the Project area and includes all the traffic generated by the surrounding farms, wedding venues, sand mines including Sweet Sensations mine and residential properties.
● Alternative 2: Light Traffic (Scenario 2: Light Vehicle (LV) traffic only)
3 Refer to the CMP for more details on the management of this heritage resource.
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This alternative option models the impact of light vehicles on the road. According to the traffic counts, all the heavy vehicle traffic either originates from or is destined to Sweet Sensations’ Mine. The results of the analysis are discussed below.
10.5.1.2.1 Findings This study was conducted to assess at a high-level, the impact the trucks used by or on behalf of the Sweet Sensations mine are having on the project road. Two maintenance standards were evaluated in the analysis. The results revealed that the maintenance with a single seal on the pavement has the lowest vehicle operating cost and the lowest emissions per tonne. Our conclusions and recommendations are summarized below:
● The SS171 is a secondary spatial road and currently cannot carry the heavy vehicle traffic from Sweet Sensations Mine, highlighted by the pavement distresses.
● Sweet Sensations mine contributes to all the heavy vehicle traffic using the SS171. There are also some other sand mines in the Project area which are, however; currently inactive but undoubtedly also contributed to past heavy vehicle traffic using the SS171.
● The current maintenance approach adopted by the Department of Police, Roads and Transport is not sustainable in the long run.
● Given the existing low traffic volumes on the existing road, the low additional volumes (if any) that will be generated by the proposed screening plant, are expected to have a negligible impact on the project road.
● The maintenance strategy with a single seal is proposed, as it results in the most vehicle operating costs savings.
10.5.1.3 Rehabilitation Audit The Rehabilitation Audit was undertaken on 04 November 2020. The findings of the rehabilitation audit are described in the subsections below. The Rehabilitation Audit undertaken as part of the Regulation 31 Amendment Process is appended to this report as (Appendix I).
10.5.1.3.1 Shaping The area has not been shaped in some areas and has been shaped incorrectly in other areas. Currently, there were instances of erosion, uneven shaping/landscaping, a large depression in the south-east corner of the MRA, as well as some small depressions scattered throughout the mined-out area observed during the audit. The audit also revealed instances of erosion.
10.5.1.3.2 Vegetation Assessment The vegetation was assessed to determine if the appropriate species are present at a basal cover that is sustainable and will prevent erosion. Forty-three (43) Random 1m x 1m quadrats
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were sampled in the rehabilitated area. Eleven (11) Random 1m x 1m quadrats were also assessed in the area adjacent to the mined area to provide an example of what the condition of the area would have been pre-mining.
● Basal Cover - The basal cover of the rehabilitated area was considered to be low and was on average at 5%. Large areas of bare ground were observed. A range of the basal cover within the various quadrats was observed (please see the audit report - Appendix I). Basal cover in the adjacent unmined area was observed to be, on average, 60%.
● Species - A total of 20 species were identified in the post-mining area (Table 10-5), whereas 17 species were identified in the pre-mining area (Table 10-6). The small number of species in the pre-mining area is lower as the grasses have become more dominant and fewer plots were sampled.
The composition of species differs between the two sites, with the post-mining area being dominated by sedges, creepers and herbs, and the pre-mining area being dominated by graminoids. This is expected in natural succession however the current herbs and sedges are not providing erosion control functions and are not representative of the vegetation type. To ensure the desired species are included and the functional aspects addressed, seeding will need to take place. Species identified in the post-mining and pre-mining areas are presented in Table 10-5 and Table 10-6, respectively. Table 10-5: Vegetation Species List of the Mined Area
Scientific Name Common Name Habit
Aristida congesta Tassel Three-awn Graminoid
Aristida stipitata - Graminoid
Bulbostylis burchellii Joang-ba-nokana Sedge
Unknown creeper 1 - Creeper
Unknown creeper 2 - Creeper
Cynodon dactylon Couch Grass Graminoid
Cyperus eragrostis Drain Flat Sedge Sedge
Cyperus esculentus Yellow Nutsedge Sedge
Elephantorrhiza elephantina Elephant's Root Sub-shrub
Eragrostis trichophora Atherstone's Grass Graminoid
Kyllinga erecta - Sedge
Unknown herbaceous species 1 - Herb
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Scientific Name Common Name Habit
Anthospermum rigidum - Herb
Pogonarthria squarrosa Herringbone Grass Graminoid
Wahlenbergia undulata White African Bluebell Herb
Scirpoides burkei - Sedge
Ursinia nana - Herb
Tephrosia lupinifolia - Creeper
Unknown herbaceous species 2 - Herb
Cyperus obtusiflorus Yellow Sedge Sedge
Table 10-6: Vegetation Species List of the Un-mined/Control Area
Scientific Name Common Name Habit
Aristida stipitata - Graminoid
Asparagus laricinus Bushveld Asparagus Shrub
Cynodon dactylon Couch Grass Graminoid
Digitaria eriantha Common Finger Grass Graminoid
Eragrostis curvula Weeping Love Grass Graminoid
Eragrostis lehmanniana Lehmann Lovegrass Graminoid
Eragrostis rigidior Curly Leaf (Broad) Graminoid
Helichrysum sp. - Herb
Helichrysum splendidum Cape Gold Herb
Imperata cylindrica Cotton Wool Grass Graminoid
Paspalum dilatatum Dallis grass Graminoid
Pogonarthria squarrosa Herringbone Grass Graminoid
Seriphium plumosum Bankrupt Bush Shrub
Tagetes minuta Tall Khaki Weed Herb
Verbena brasiliensis Brazilian Vervain Herb
Unknown herbaceous species 2 - Herb
Ziziphus zeyheriana Dwarf Buffalo-thorn Tree
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● Alien Invasive Plant Species - A total of five alien invasive plant species were identified in the area and its immediate surroundings (Table 10-7). The neighbouring properties do have some alien invasive plant infestations and they may likely colonise the recently shaped area.
Table 10-7: Alien Invasive Plants Species List
Scientific Name Common Name Category4
Argemone ochroleuca White-flowered Mexican Poppy 1b
Acacia mearnsii Black Wattle 1b
Eucalyptus sp. Blue Gum 1b
Opuntia sp. Prickly-pear 1b
Verbena brasiliensis Brazilian Vervain 1b
10.5.1.3.3 Erosion Control and Identification The evaluation of soil erosion, identification and control were done during the site survey. The evaluation considered soil type and form, soil structure, infiltration, slope, rainfall, erodibility of the soils and soil cover. Due to the soils being mostly homogeneous, the soil erosion potential was considered to be similar for the entire Project area, excluding the soil within the western side which has not yet been mined.
● The soils within the rehabilitated area are sandy, have a high infiltration rate, gentle slope and therefore have a low erosion potential. Nevertheless, the more the soils are exposed to rainfall, wind and water due to lack of vegetation cover, the higher the erosion potential will become; and
● The soils within the un-mined area are highly compacted due to agricultural and grazing activities, have a high clay content with low vegetation cover and therefore have a higher potential for erosion.
Erosion identification within the Project area was therefore low and currently not considered to be of high urgency for rehabilitation. It is however highly recommended that the area be vegetated as soon as possible to prevent loss of soil that will lead to sedimentation of the Project Area.
10.5.1.3.4 Soil Infiltration The soils within the Project area were tested for soil infiltration using the in situ Double Ring Infiltrometer Method. Five areas were tested, together with soil samples for laboratory
4 Listed Invasive Species according to the NEM:BA Alien and Invasive Species Regulations 2020 (GN R1003 of 18 September 2020 – effective from 18 October 2020).
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analysis. The Project area consisted of areas that have historically been mined and rehabilitated, new sand mining areas, agricultural land and recently landscaped areas with no vegetation cover. The soil texture analysis indicated an average of 90.8% sand, 1.6% silt and 7.6% clay. The soils are therefore very sandy and expected to have a high infiltration rate. The sample points together with the infiltration rates and interpretations are indicated in Table 10-8 below. The location of the samples is shown in Figure 10-1 below. Table 10-8: Soil Infiltration Tests
Sample Site Infiltration Rate Depth Comment ID Description (K (mm/h)) of Test
● Very high infiltration; ● Low compaction; Previously ● Low water holding capacity; mined, re- ● Low/or non-structured; 1 shaped and 300.00 Surface no vegetation ● Well-drained soil and easy to cover. manage; ● Low erosion potential; and ● High leachability.
● Very high infiltration; ● Low compaction; Previously mined, re- ● Low water holding capacity; shaped and ● Low/or non-structured 2 258.47 Surface occasional ● Well-drained soil and easy to vegetation manage; cover. ● Low erosion potential; and ● High leachability.
● Medium infiltration; ● Medium runoff potential; ● Medium erosion potential; Historical ● Medium compaction/high clay disturbed 3 91.84 Surface content; area, well- vegetated. ● Water content before sampling was high and limited infiltration; ● High water holding capacity; and ● High cultivation potential.
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Sample Site Infiltration Rate Depth Comment ID Description (K (mm/h)) of Test
● Medium infiltration; ● High compaction; Newly mined and reshaped ● Medium water holding capacity; 4 area with no 74.09 Surface ● Well-drained soil and easy to vegetation manage; cover. ● Medium erosion potential; and ● High leachability.
Control. ● Low infiltration; Natural area, ● High runoff potential; however, is ● High erosion potential; highly 5 impacted by 58.94 Surface ● High compaction/high clay cattle grazing, content; low ● High water holding capacity; and vegetation ● Medium cultivation, high cattle cover. grazing potential.
As indicated in Table 10-8, the majority of the soils had a very high infiltration rate due to the nature of the soils (sand, loamy sand and sandy loam textures) as well as the recently rehabilitated and reshaped activities that took place. The soils at Sample 1 and 2 were very sandy, loose, structureless, low vegetation cover and therefore had a high infiltration rate (and low erosion potential). Sample 3 and 5 had a lower infiltration rate due to the increased clay content, structure, compaction and vegetation cover. These areas have a higher potential for erosion due to increased surface runoff and low infiltration rate. It is recommended to limit cattle grazing on these areas to increase vegetation cover to increase the organic material in the soil that is used for soil structure development and increased fertility. Sample 3 was performed at a newly shaped rehabilitated area and therefore had a lower infiltration rate than Sample 1 and 2 due to compaction, even though the area involved had the same consistency, soil type and structure. The area contained seepage water from the upper catchment, increasing the water content of the soil and therefore limited the infiltration rate. Compaction due to reshaping and rehabilitation practices might similarly have taken place, limiting water infiltration into soil and potential for root, water and air movement. Areas of compaction are recommended to be ripped to a depth of 600 mm before reseeding takes place to ensure good infiltration and soil aeration to increase rehabilitation success (vegetation growth).
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10.5.1.3.5 Soil Depth Assessment A hand soil auger was used to confirm the soil depths. The soil was augured to the first restricting layer or rooting depth (0.6 m). The soil depth at each auger point exceeded 0.6 m, meeting the end land use requirements. The soils were predominantly a mixture of yellow-brown apedal and red apedal soil overlying a soft plinthic horizon. Clay content increased with depth, increasing the water holding capacity of the soil as well as the post-mining land capability. All auger points exceeded 1.2 m depth, where one point exceeded more than 4 m.
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Figure 10-1: Soil Sampling Locations
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10.5.1.3.6 Post-Mining Land Capability The post-mining land capability was determined by assessing a combination of soil, terrain and climatic features, as well as observations during the site survey. Land capability is defined by the most long-term sustainable land use under rain-fed conditions. The observations and analysis are described in the subsections below. The post-mining land capability for the various sample areas is summarised in Table 10-9 below.
● Site Survey - Field observations during the site visit regarding soil properties included soil texture, depth, drainage potential, permeability and percentage sand, silt and clay, slope, topography, potential hazards (erosion, flooding, salinity and landslides) and included the collection of soil samples for laboratory analysis. The physical properties of the soils and landscape indicated a positive environment for various land uses, such as cattle grazing, pasture lands, wildlife as well as cultivation.
● Laboratory Analysis - The soil laboratory analysis indicated that the soils have low concentrations of all nutrients (Ca, Mg and K) as well as metals (Zn, Cu, Ni, Fe and Mn) which require fertilizers to increase the soil fertility. The soils are therefore chemically acceptable for various land use activities, given soil amelioration is completed, such as fertilizers, structure building and increased fertility.
● Soil Infiltration and Permeability - The in situ Double Ring Infiltrometer Method indicated that the soils have a very high infiltration rate. The various advantages and disadvantages to the post-mining land capability are included in the Rehabilitation Audit Report, attached as Appendix I.
Table 10-9: Post-mining Land Capability
Sample
Parameter Rehabilitated Area Un-mined Area
1 2 3 4 5
Slope Good Good Good Good Good
Soil Depth >1.2 m >1.2 m >1.2 m >1.2 m 1.0 m
Erosion Low Low Medium Low High hazard
Gravel/Rock None None None None Limited
Flood Hazard Low Low Low Medium Medium
Soil Texture Sand Sand Loamy Sand Sand Sandy Loam
Soil Single grained Single grained Granular Single grained Granular Structure
Salinity Acidic Acidic Acidic Acidic Acidic
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10.5.1.4 Findings Rehabilitation has not been undertaken to a satisfactory level as yet. Various recommendations have been provided as shown in Section 17 to address the issues that were observed. These include: ● Poor/insufficient shaping; ● Some instances of erosion; ● Low basal cover; ● Differing species composition to the control (unmined area); ● Presence of Alien Invasive Plant (AIP) species; ● Low soil fertility with high infiltration and low pH; and ● Compaction.
The vital interventions suggested include the following: ● Rip along the contours (to a depth of 600 mm) to improve soil aeration, water infiltration, seed germination and root penetration as well as reduce erosion; ● Application of 600 kg/ha limestone within the sandy and loamy-sand soils and 1 100 kg/ha limestone within the sandy-loam soils to increase the soil pH, soil fertility, plant available nutrients and increased Cation Exchange Capacity (CEC); ● Application of 200 kg/ha mulch, 250 kg/ha N:P:K (3:2:3), and 50 kg/ha superphosphate to increase soil pH and plant available nutrients; ● Creating a vegetation cover resistant to low pH soils; ● Seeding with indigenous, fast growing species to improve basal cover and assist with erosion. Hydroseeding is recommended as the seeds can be mixed with mulch, fertiliser, lime, and binding agents; and ● Application of 50 kg/ha superphosphate six months after liming has occurred with addition of 250 kg/ha N:P:K (3:2:3), to increase pH, CEC and soil fertility.
It is recommended that these interventions are implemented, and a further rehabilitation audit is undertaken to ensure that the rehabilitation measures implemented are on a trajectory to meet a sustainable end land use.
10.5.1.5 Third party review of Closure Cost Assessment compiled by Dorean Environmental Services Digby Wells conducted an independent technical peer review of the mine Closure Cost Assessment (CCA) done by Dorean Environmental Services CC (Dorean) for Sweet Sensation in 2020. The review findings of the CCA are summarised in Table 10-10 below. The CCA review has been appended to this report as Appendix J).
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The key Digby Wells’ findings are discussed below. Dorean Environmental did clarify certain aspects and their approach to the closure cost assessment and these are also included in Table 10-10. ● The report indicates that the environmental sensitivity of the area is classified as Medium sensitivity class (as stipulated in the DMRE Guidelines). However, the CCA model made use of a Low sensitivity class. Using a Low sensitivity class changes the multiplication factor from 0.52 to 0.04 which ultimately affects the rate used. This is therefore incorrect; and the multiplication factor should be amended to 0.52. The sensitivity class of the area is in fact low. The allocation of medium was obviously done in error. This has always been allocated as low and determined with a multiplication factor of 0.04 for the last three years with no negative feedback form the DMRE. ● The DMRE Guideline requires that a cost for general rehabilitation (Component 10) should be included for any disturbed footprints referring to all infrastructure and footprints that were cleared for mining. No cost for general rehabilitation has been included in the CCA. ● A water management cost (Component 13) should be included and linked to the open pit area. The CCA does not include a cost for water management. ● Based on the analysis of the infrastructure layout map, it is clear that the infrastructural and disturbed footprints do not align with the current quantities within the CCA. ● The 6% inflationary increase on the Master Rates since 2019 is higher than the current average inflation rate from StatsSA. The current average inflation rate for September is 3,31%5 published by StatsSA. The 2005 rates have been escalated annually using the published average annual inflation rates obtained from StatsSA and this differs from what is used in the closure cost assessment.
5 http://www.statssa.gov.za/publications/P0141/P0141September2020.pdf
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Table 10-10: Summary of Review Findings
Description Digby Wells – Review findings Dorean Environmental – Review clarification response
• The rates used in 2019 are higher than what it should be which has a • Dorean stated that they utilised master rates supplied by the DMRE and knock-on effect on the 2020 rates, 6% inflation was utilised for 2019 to not StatsSA. This inflation master rate table is attached as Appendix A. Master Rates 2020, however, the current inflation for 2020 (January – September) is Note: The source of this table and associated data is unknown to Digby 3.31%. Wells.
• The Guideline requires a 12% P&G cost if the total amount is less than Preliminary & General R100m. The current closure cost model utilised 12,5%. Dorean Environmental agreed to this finding.
DMR Summary Review – Dorean Assessment
DMR Component Quantity Multiplication Factor Review
• Discrepancies were found with regards to the road footprint quantity. Digby Wells measured, on a high level, a total of 18,000 m² of road • There are no perimeter roads. These are fire breaks as required by law. Rehabilitation of access footprint (based on the map provided in Dorean’s report). Furthermore, it These will not be rehabilitated; and 3 8,700 1 roads seems to exclude the perimeter road and other roads of which can be • The road through the middle of the mining area is a district road and will seen on Google Earth; and not be rehabilitated. • Digby Wells cannot confirm if any of these roads have been rehabilitated.
• The report indicates that the environmental sensitivity of the area is classified as Medium sensitivity (as stipulated in the DMRE Guidelines), • The sensitivity class of the area is in fact low. Dorean accepted that the Opencast rehabilitation however, the CCA model made use of a Low sensitivity class. Using a allocation of medium was done in error; and 6 including final voids and 2 0.04 Low sensitivity class change the multiplication factor to 0.04. This is • Dorean also stated that the multiplication has always been allocated as low ramps therefore incorrect; the multiplication factor should be 0.52. This and determined with a multiplication factor of 0.04 for the last 3 years with ultimately affects the rate used to calculate the closure cost for the open no negative feedback form the DMRE. pit.
• Only the overburden is calculated for closure; and Rehabilitation of • Digby Wells’ high-level measurements equate to 0.48 Ha; and 8 (A) 0.22 1 • Topsoil will not be rehabilitated but used for rehabilitation. Items 5 and 6 on overburden and spoils • Digby Wells cannot confirm if any of these areas have been rehabilitated. the surveyed map.
• There are no denuded area left over after all the classified disturbed areas and roads have been rehabilitated and • Component 10 should include all infrastructural and disturbed footprint General surface 10 0 1 areas as required by the DMRE Guideline. In the CCA model, no cost is • Quantities were determined using the surveyed mining plan and not rehabilitation Google earth. The review does not take into account that the land owner included for General Surface Rehabilitation. wants the compound area to remain for farming activities post closure. Fire breaks do not have to be rehabilitated.
• No fencing was included in the CCA model; however, fences are visible around the infrastructure; and • Fences will remain regardless of whether the mine continues or closes 12 Fencing 0 1 • It is unclear to Digby Wells what will happen to the perimeter fence at down. closure.
• No cost was included for water management; this component should link • The open pit does not contain any water to be managed. The sandy nature 13 Water management 0 1 with Component 6 as stipulated in the DMRE Guideline. of the soil does not allow pooling of water.
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Description Digby Wells – Review findings Dorean Environmental – Review clarification response
• It is unclear how 1.68 Ha was calculated. Maintenance and aftercare should include all disturbed areas requiring rehabilitation (Component 6, 2 to 3 years of • 1.68 ha is the current operational pit. It should be noted that sand mining is 8, 9, and 10); and 14 maintenance and 1.68 1 continuously changing. This assessment is based on what was observed • Furthermore, according to the map in the Dorean report there are areas aftercare at the time of the audit (4 November 2020). that have been topsoiled and rehabilitated. These areas were measured, on a high level, by Digby Wells and it equates to roughly 23 Ha.
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Item 3 (j): The Environmental Attributes Associated with the Alternatives This section provides a description of the baseline environment associated with the Project area and region (where relevant). The purpose of understanding the environmental baseline conditions relate to the potential of the project to impact on the existing environment, and the potential for existing environmental aspects to influence a proposed development in terms of design, location, technology and layout. Several specialist studies were undertaken for this Regulation 31 Amendment Project, as shown in Table 11-1 below. Baseline information was also obtained from sand mine studies undertaken in the Ngwathe Local Municipality. Specialist studies are valuable as they help with understanding the current bio-physical and social environmental conditions of the Project area. They also provide an environmental benchmark against which subsequent changes can be referenced. The information provided in the following sub-sections has been obtained from the specialist studies presented below. Table 11-1: Specialist Reports and Associated Appendices
Specialist Study Appendix
Fauna and Flora Impact Assessment Appendix D
Air quality Impact Assessment Appendix E
Noise Impact Assessment Appendix F
Heritage Site Management Plan and Chance Find Procedure Appendix G
Traffic Assessment Appendix H
Rehabilitation Audit Appendix I
Third party review of Closure Cost Assessment Appendix J
11.1 Regional Climate The Sweet Sensation Project area is characterised by mild to hot summers and extremely cold winter temperatures (Siwendu, 2018). The Mean Annual Precipitation (MAP) of the Project area is 576 mm in the south-west to 750 mm in the north-east, which mostly occurs during the summer months. The Mean Annual Temperature (MAT) recorded for the Project area is 15.6˚C, with the occurrence of frost in the low laying areas during the winter months (Climate- data.org, n.d.).
Temperature and Humidity The monthly temperature and humidity records (three-year average) for the Project area are presented in Table 11-2 and Figure 11-1. The data indicate that the monthly temperature average varied between 10°C and 22°C. Ambient temperatures were observed to be higher
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during the summer months. The relative humidity per month (3-year average) ranged between 52% and 69% with July as the highest humidity month and November – December presenting the lowest level at 52%.
Rainfall The total monthly rainfall records (three-years average) are provided in Figure 11-2. Based on the rainfall data, the summer months December – February) received most of the rain (i.e. >62%) with December being the peak rainfall month (Figure 11-2), followed by Spring with 19% and Autumn with 18%. The least amount of rainfall was experienced in winter (June – August). The annual total rainfall is at 831 mm. Table 11-2: Climate Statistics
Three-year average (2017-2019)
Parameters
ct
ar
pr ay
ul
ec
ov
ug ep
eb
an
un
J
O
J A
F M J
S D
N
M A Ann
Temp. (◦C) 21 22 22 20 17 14 11 10 13 16 18 21 17
Total Mon. Rain 122 165 120 26 2 0 0 6 20 58 80 231 831 (mm)
Rel. Hum. (%) 55 63 59 58 68 67 69 65 62 56 52 52 61
(Source: Lakes Environmental)
Figure 11-1: Average Temperature and Humidity
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Figure 11-2: Rainfall Data
Wind Speed Hourly meteorological data was analysed and used to understand the prevailing wind patterns at the Project area. Data was used to assess the wind speed and wind direction regime prevailing on site. The wind rose is depicted in Figure 11-3. The prevailing winds are from the north (12%) and north-northwest (12%), respectively. Secondary winds come from the east (9.3%) and east- northeast (9.3%). The average wind speed at the MRA is 3.2 m/s and calm conditions (<0.5 m/s) occurred for some 5% of the time.
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Figure 11-3: Surface Wind Rose
11.2 Topography and Slope The topography of the Project area is uniform with an estimated elevation of 1500 m above mean sea level (mamsl) (Figure 11-4). The average slope for the entire Project area is approximately 0 -10 degrees (°) with a slightly higher slope on the western upper corner draining towards the Vaal River (Figure 11-5).
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Figure 11-4: Regional Topography
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Figure 11-5: Regional Slope
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11.3 Regional Geology The underlying geology consists of a minor area towards the south west consisting of gravel and diamondiferous in places, with majority of the Project area consisting of soil cover lithology (Figure 11-6).
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Figure 11-6: Regional Geology
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11.4 Soil, Land Use and Land Capability The subsections below provide a summary of the baseline findings.
Land Type Aerial imagery was analysed to determine areas that are most likely to be suitable for agriculture (high land capability potential). As part of the assessment, baseline soil information was obtained from the South African land type data published with maps at a scale of 1:250 000 by the Institute for Soil, Climate and Water (ISCW) of the Agricultural Research Council (ARC). The dominant land type within the Project area is Bc36 (Figure 11-7). Table 11-3 gives a brief description of the dominant land types and soil forms within the Project area. Table 11-3: Land Type and Dominant Soil Forms
Land Soil Form Geology Characteristics Type
● Plinthic ● Shale, slate and Catena: quartzite of the Upland Pretoria Group; duplex and ● Hekpoort lava; margalitic ● Many diabase soils rare, sills; eutrophic, ● Arcadia ● Mispah ● Sporadic red soils widespread; ● Avalon ● Oakleaf occurrence of dolomite and and ● Bonheim ● Rensburg chert, ● Red and ● Clovelly ● Shortlands Bc36 Ventersdorp yellow, ● Dundee ● Swartland lava and Ecca eutrophic, ● Glencoe ● Valsrivier shale and apedal soils sandstone in the with plinthic ● Glenrosa ● Westleigh south-east; subsoils ● Hutton ● Willowbrook ● Quartzite usually (plinthic soils forms crest and comprise scarps; and >10% of land type, red ● Foot slopes soils usually on shale, comprise slate and >33% of land diabase. type).
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Figure 11-7: Land Types
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Land Use The current land use of the Sweet Sensation Project area was identified by aerial imagery during the desktop assessment. The land use in the Project area is dominated by cultivated land (on the western side), mines and quarries (on the eastern side) and grassland. Other land use types identified include built-up areas and forest land. These are visually depicted in Figure 11-8 (also attached as Plan 6, Appendix B).
Land Capability The land capability is determined by assessing the combination of soil, terrain and climate features. The dominant land capability classes in the Project area is Class III (Arable Land – Moderate Cultivation to Intensive Cultivation - Figure 11-9), which are generally not suitable for agriculture but have a high land use potential for pastures, rangeland, forest land or wildlife for food and cover. A detailed breakdown is given below in Table 11-4. Table 11-4: Land Capability Classification of the Sweet Sensation Project Area
Land Dominant Limitation Influencing the Capability Classification Physical Suitability for Agricultural Use Class
Soils have severe limitations that reduce the Arable Land – Moderate III choice of plants or require special Cultivation to Intensive Cultivation conservation practices, or both.
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Figure 11-8: Land Use
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Figure 11-9: Land Capability
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Soil Classification The soils within the Project area have been disturbed due to historical and current sand-mining activities. During the process, topsoil (O-horizon) is removed and stockpiled separately where after the B-horizon is mined out (yellow-brown and red-apedal soils). After mining, the area is covered with the topsoil, reshaped and landscaped to natural topographies. However, during excavation, stockpiling and rehabilitation, mixture of soil takes place, together with breaking of soil structure, compaction, decreases biological activities and loss of soil cover (vegetation). The site survey suggested that the soils are a mixture of sand, loamy sand and sandy loam textures, consisting of yellow-brown and red-apedal soils. The soils are deep and well drained. Due to low vegetation cover and exposure to the natural elements, soils in some areas formed a hard crust surface layer which increases runoff potential. The western side of the MRA were used as a control (Sample 5). The dominant soil in this area was classified as Arcadia soils (Vertic A-horizon on unspecified material). These soils were high in clay, dark and compacted due to excessive cattle grazing activities.
Soil Assessment A total of five representative soil samples were collected over the Project area during the October 2020 survey to provide support for recommendations regarding soil and rehabilitation. The results of soil analysis are presented in Table 11-6 and as a basis for interpreting this data, local soil fertility guidelines are presented in Table 11-5. Table 11-5: Soil Fertility Guidelines
Guidelines (mg per kg) Source Macro Nutrient Low High
Calcium (Ca) <200 >3000 South Africa Guidelines, (NEM:WA 2008)
Copper (Cu) <36.0 >190 Dutch Guidelines, (Dutch VROM, 2000)
Magnesium (Mg) <50 >300 South Africa Guidelines, (NEM:WA 2008)
Nickel (Ni) - >45 Canadian Guidelines, (CCME, 2007)
Phosphorus (P) <5 >35 South Africa Guidelines, (NEM:WA 2008)
Potassium (K) <40 >250 South Africa Guidelines, (NEM:WA 2008)
Sodium (Na) <50 >200 South Africa Guidelines, (NEM:WA 2008)
Zinc (Zn) <140 >720 Dutch Guidelines, (Dutch VROM, 2000)
pH
Slightly Very Acid Acid Slightly Acid Neutral Alkaline Alkaline
<4 4.1-5.9 6-6.7 6.8-7.2 7.3-8 >8
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Table 11-6: Soil Physio-chemical Properties
Cation Electrical Exchange Conductivity P Ca Mg K Na Fe Mn Cu Zn Ni SO NO NH Cl Sand Silt Clay Sample pH Capacity 4 3 4 (EC) Texture ID (KCl) (CEC)
mS/m cmol(+)/kg mg/kg mg/L %
1 4.22 11 3.55 2.6 37.4 11.9 20.8 0.1 5.91 2.18 0.31 0.23 0.03 19.24 2.11 0.19 0.37 95.6 1.1 3.3 Sand
2 4.24 7 4.35 3.6 16.4 2.7 23.6 23.1 9.52 3.89 0.30 0.38 0.05 2.85 10.07 0.10 0.34 95.6 1.1 3.3 Sand
3 4.46 17 5.42 4.0 325.5 82.5 93.9 20.4 22.02 54.94 7.68 1.39 0.50 6.16 22.31 0.09 1.13 86.0 1.3 12.8 Loamy Sand
4 4.34 6 4.07 3.9 66.3 18.1 19.6 19.2 8.67 4.27 0.35 0.36 0.05 4.59 4.92 0.10 0.51 95.6 1.1 3.2 Sand
5 4.71 14 5.20 3.4 313.5 66.2 129.9 20.1 22.01 76.56 10.91 0.92 0.70 9.29 4.41. 0.07 0.65 81.1 3.6 15.3 Sandy Loam
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11.5 Flora The Sweet Sensation Project area falls within the Grassland Biome of South Africa. The Grassland Biome is found chiefly on the high central plateau of South Africa and the inland areas of KwaZulu-Natal and the Eastern Cape. Based on the Mucina and Rutherford (2006) delineation of South Africa’s vegetation, the region in which the Project area is located is defined by one vegetation unit, the Soweto Highveld Grassland (gm08) (Figure 11-10). The Soweto Highveld Grassland vegetation type is found in Mpumalanga, Gauteng and to a small extent in the Free State and North-West Provinces. This vegetation type typically comprises of an undulating landscape on the Highveld plateau, supporting short to medium- high, dense, tufted grassland dominated almost entirely by Themeda triandra and accompanied by a variety of other grasses such as Elionurus muticus, Eragrostis racemosa, Heteropogon contortus and Tristachya leucothrix. Scattered small wetlands, narrow stream alluvia, pans and occasional ridges or rocky outcrops interrupt the continuous grassland cover (Mucina & Rutherford, 2012). The Soweto Highveld Grassland vegetation type is classified as Endangered. The national target for conservation protection for this vegetation types is 24%, but only a few patches are statutorily conserved in Waldrift, Krugersdorp, Leeuwkuil, Suikerbosrand, Rolfe’s Pan Nature Reserves or privately conserved in Johanna Jacobs, Tweefontein, Gert Jacobs, Nikolaas and Avalon Nature Reserves and the Heidelberg Natural Heritage Site. Nearly half of this vegetation type is already transformed by cultivation, urban sprawl, mining and building of road infrastructure. Some of Soweto Grassland areas have been flooded by dams such as Grootdraai, Leeukuil, Trichardtsfontein, Vaal and Willem Brummer (Mucina & Rutherford, 2012). The characteristic plant species of this vegetation type is listed in Table 11-7 below. Table 11-7: Characteristic Plant Species of the Identified Vegetation Types (Mucina & Rutherford, 2012)
Plant Form Species
Andropogon appendiculatus, Brachiaria serrata, Cymbopogon pospischilii, Cynodon dactylon, Elionurus muticus, Eragrostis capensis, E. chloromelas, E. curvula, E. plana, E. planiculmis, E. racemosa, Heteropogon contortus, Graminoid Hyparrhenia hirta, Setaria nigrirostris, S. sphacelata, Themeda triandra, Tristachya Species leucothrix, Andropogon schirensis, Aristida adscensionis, A. bipartita, A. congesta, A. junciformis subsp. galpinii, Cymbopogon caesius, Digitaria diagonalis, Diheteropogon amplectens, Eragrostis micrantha, E. superba, Harpochloa falx, Microchloa caffra, Paspalum dilatatum*.
Hermannia depressa, Acalypha angustata, Berkheya setifera, Dicoma anomala, Euryops gilfillanii, Geigeria aspera var. aspera, Graderia subintegra, Haplocarpha scaposa, Helichrysum miconiifolium, H. nudifolium var. nudifolium, H. rugulosum, Herb Species Hibiscus pusillus, Justicia anagalloides, Lippia scaberrima, Rhynchosia effusa, Schistostephium crataegifolium, Selago densiflora, Senecio coronatus, Hilliardiella oligocephala, Wahlenbergia undulata.
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Plant Form Species
Geophytic Haemanthus humilis subsp. hirsutus, H. montanus. Herb Species
Low Shrub Anthospermum hispidulum, A. rigidum subsp. pumilum, Berkheya annectens, Species Felicia muricata, Ziziphus zeyheriana.
Herbaceous Climber Rhynchosia totta. Species
Status Endangered
Conservation Status of the Unit The Free State Biodiversity Plan (Collins, 2016) is a spatial tool that forms part of the national biodiversity planning tools and initiatives that are provided for in national legislation and policy. The Free State Biodiversity Plan was published in 2016, and like those of the other provinces, identifies and maps terrestrial categories with associated land-use and management guidelines. The categories are divided into Protected Area (PA), Critical Biodiversity Area (CBA), Ecological Support Area (EcSA), Other Area and Degraded Area. The north-eastern section of the Project area falls within an area classified as a Critical Biodiversity area 2 with the remaining area traversing what is classified as EcSA1 (these are sites with minimal degradation) and EcSA2 (classified as sites with degradation, i.e., they can be totally degraded, but not totally transformed) (Figure 11-11). According to the National List of threatened terrestrial ecosystems, the Project area does not fall within any original or remaining extents of a threatened ecosystem. The Project area traverses no protected areas. The proposed area also does not fall within or close to any Important Bird Areas (IBA), the nearest, Suikerbosrand Nature Reserve IBA, is too far from site to be considered in the sensitivity analysis. The Suikerbosrand Nature Reserve is a fully protected provincial reserve that is recognised as an IBA on account of the presence of two globally threatened species (i.e., the African Grass Owl and Secretary bird) and several regionally threatened taxa.
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Figure 11-10: Regional Vegetation
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Figure 11-11: Free State Biodiversity Sector Plan for the Project Area (2015)
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Species of Conservation Concern The Project area lies within the 2627DB Quarter Degree Squares (QDS). According to Pretoria Computerised Information System (PRECIS) (BODATSA-POSA, 2016), no Red Data floral species are expected to occur across these regions. Species of Conservation Concern (SCC) found within the Project area are presented below.
11.5.2.1 Protected Flora One provincial plant species, protected under the Free State Nature Conservation Ordinance (Ordinance 8 of 1969) (FSNCO), was recorded during the site survey in January 2021. The plant species Boophone disticha was recorded in the western portion of the MRA. This genus of species is listed as Schedule 6 Protected Plants (Section 30) under the FSNCO. This species is widespread but is assessed as Declining by the Red List of South African Plants due to the overharvesting and demand in the traditional medicine trade, preluding to its current decline in numbers. Another SCC, Hypoxis hemeracallidae, was observed near the Boophone disticha. Hypoxis hemeracallidae is not a Red Data listed species; however, urban sprawl expansion has amounted to increasing pressure for this species. Many of these plants and related species are dug up for traditional medicinal remedies. This plant does not reseed easily, and the high demand for the species has exacerbated its’ decline. It is important to note that this does not necessarily imply that additional SCC do not occur within the Project Area. The two species observed are depicted in Figure 11-12 below.
Figure 11-12: Left: Hypoxis hemeracallidae and Right: Boophone disticha
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Alien and Exotic Vegetation Several AIPs were observed along the informal roads and areas of previous vegetation clearings, such as, Tagetes minuta (Khakibos), Zinnia peruviana (Zinnia), Plectranthus barbatus var. grandis (Coleus) and Opuntia ficus-indica (Prickly Pear) (listed Category 1b).
11.6 Fauna This section covers various groups of animals including mammals, birds, reptiles, amphibians and invertebrates (specifically butterflies, scorpions and spiders).
Mammals The diversity of the vegetation is moderate with large portions of the Project area already mined, signalling a low diversity in mammals. There are no highly significant habitats for mammalian fauna within the MRA. A total of eight mammal species were recorded during the infield assessments and one species is a SCC. Mole activity was observed within the western portion of the MRA along the small thickets of Asparagus laricinus. A list of all species recorded during the infield assessment is presented below in Table 11-8 below. Table 11-9 below lists mammalian SCC that could potentially occur on site, four of the species have been assigned a Red Data status Table 11-8: Mammal Species Recorded During the Infield Assessment
Species Name Common Name FSNCO (1969) IUCN Red List
Xerus inauris South African Ground Squirrel Not Listed LC
Lepus saxatilis Scrub Hare Not Listed LC
Cynictis penicillata Yellow Mongoose Not Listed LC
Canis mesomelas Black-backed Jackal Not Listed LC
Sylvicapra grimmia Bush Duiker/ Common Duiker Not Listed LC
Chlorocebus Vervet Monkey Not Listed LC (Decreasing) pygerythrus
Aonyx capensis African Clawless Otter Not Listed NT
Atilax paludinosus Water Mongoose Not Listed LC
NT = Near Threatened, LC = Least Concern
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Table 11-9: Red Data Mammal Species Potentially Occurring on site
Family Species Common name IUCN Red List
Nesomyidae Mystromys albicaudatus African White-tailed Rat VU
Hyaenidae Parahyaena brunnea Brown Hyaena NT
Felidae Felis nigripes Black-footed Cat VU VU = Vulnerable, NT = Near Threatened
Avifauna Birds have been viewed as good ecological indicators, since their presence or absence tends to represent conditions pertaining to the proper functioning of an ecosystem. Bird communities and ecological condition are linked to land cover. As the land cover of an area changes, so do the types of birds in that area (The Bird Community Index, 2007). Land cover is directly linked to habitats within the Project area. According to the South African Bird Atlas Project (SABAP2), 215 species of birds have been identified in the area. The majority of these birds are comprised of grassland and woodland species. Forty-four bird species were recorded in the Project area during the infield assessments based on either direct observations and / or vocalisations. Majority of the species are provincially protected under FSNCO (1969) and one species is listed under IUCN as Near Threatened, namely the Chestnut-banded Plover. This species was observed near the open water source near the northern boundary within the MRA. The bird species observed during the site visit are listed in Table 11-10. Table 11-10: Avifauna Species Recorded on site
Common name Species name FSNCO (1969) IUCN Red List
African Fish Eagle Haliaeetus vocifer Protected (Schedule 1) LC
African Pied Wagtail Motacilla aguimp Protected (Schedule 1) LC
African Red-eyed Bulbul Pycnonotus nigricans Protected (Schedule 1) LC
Banded Martin Neophedina cincta Protected (Schedule 1) LC
Black Chested Snake Circaetus pectotalis Protected (Schedule 1) LC Eagle
Black-winged Kite Elanus axillaris Protected (Schedule 1) LC
Blue Waxbill Uraeginthus angolensis Protected (Schedule 1) LC
Bokmakierie Telophorus zeylonus Protected (Schedule 1) LC
Brown-hooded Kingfisher Halcyon albiventris Protected (Schedule 1) LC
Cape Grassbird Sphenoeacus afer Protected (Schedule 1) LC
Cape Sparrow Passer melanurus Not Listed LC
Cape Wagtail Motacilla capensis Protected (Schedule 1) LC
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Common name Species name FSNCO (1969) IUCN Red List
Chestnut Banded Plover Charadrius pallidus Protected (Schedule 1) NT (BLSA)
Eastern Clapper Lark Mirafra fasciolata Protected (Schedule 1) LC
Fiscal Flycatcher Sigelus silens Protected (Schedule 1) LC
Golden Weaver Ploceus xanthops Not Listed LC
Greater Striped Swallow Cecropis cucullata Protected (Schedule 1) LC
Helmeted Guineafowl Numida meleagris Protected (Schedule 1) LC
Horus Swift Apus horus Protected (Schedule 1) LC
Intermediate Egret Ardea intermedia Protected (Schedule 1) LC
Spilopelia(Streptopelia) Laughing Dove Protected (Schedule 1) LC senegalensis
Laughing Dove Spilopelia senegalensis Not Listed LC
Long-tailed Widowbird Euplectes progne Protected (Schedule 1) LC
Natal Spurfowl Pternistis natalensis Protected (Schedule 1) LC
Northern Black Korhaan Afrotis afraoides Protected (Schedule 1) LC
Orange-throated Longclaw Macronyx capensis Protected (Schedule 1) LC
Pin-tailed Whydah Vidua macroura Protected (Schedule 1) LC
Piping Cisticola (Neddicky) Cisticola fulvicapilla Protected (Schedule 1) LC
Red Chested Cuckoo Cuculus solitarius Protected (Schedule 1) LC
Red-billed Quelea Quelea quelea Not Listed LC
Ring-necked Dove Streptopelia capicola Not Listed LC
Rufous-naped Lark Mirafra africana Protected (Schedule 1) LC
Southern Fiscal Lanius collaris Protected (Schedule 1) LC
Southern Masked-Weaver Ploceus velatus Not Listed LC
Southern Red Bishop Euplectes orix Protected (Schedule 1) LC
White-browed Sparrow- Plocepasser mahali Not Listed LC Weaver
White-rumped Swift Apus caffer Protected (Schedule 1) LC
White-throated Swallow Hirundo albigularis Protected (Schedule 1) LC
Wing-snapping Cisticola Cisticola ayresii Protected (Schedule 1) LC
Yellow Canary Serinus flaviventris Protected (Schedule 1) LC
Yellow-crowned Bishop Euplectes afer Protected (Schedule 1) LC
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All birds that could be present within QDS 2627DB are listed below. Of these species seven have been assigned a Red Data list, see Table 11-11 below. Table 11-11: Red Data Avifauna Potentially Occurring on site
Family Species Common name IUCN Red List
Sagittariidae Sagittarius serpentarius Secretary Bird EN
Coraciidae Coracias garrulus European Roller LC (declining)
Falconidae Falco biarmicus Lanner Falcon LC (global) / EN (Europe)
Anatidae Nettapus auritus African Pygmy-Goose IUCN: LC; BLSA: VU
Anatidae Oxyura maccoa Maccoa Duck IUCN: NT; BLSA: NT
Otididae Eupodotis caerulescens Blue Korhaan NT
Accipitridae Aquila verreauxii Verraux’s Eagle IUCN: LC, BLSA:VU
EN = Endangered, VU = Vulnerable, NT = Near Threatened, LC = Least Concern, BLSA: Birdlife South Africa
Reptiles Reptiles are ectothermic (cold-blooded) meaning they are organisms that control body temperature through external means. As a result, reptiles are dependent on environmental heat sources. Due to this, many reptiles regulate their body temperature by basking in the sun or in warmer areas. Substrate is an important factor determining which habitats are suitable for which species of reptile. Reptiles expected to occur on site are listed in Fauna and Flora specialist study (Appendix D), of the list, two species have been assigned a Red Data status, these species are list in Table 11-12 below. Table 11-12: Red Data Reptile Species Potentially Occurring on site
Family Species Name Common Name IUCN Red List
IUCN: LC (Decreasing); Cordylidae Chamaesaura aenea Coppery Grass Lizard SARCA: NT
IUCN: LC (Decreasing); Lamprophiidae Homoroselaps dorsalis Striped Harlequin Snake SARCA: NT
SARCA: South African Reptile Conservation Assessment
Amphibians Amphibians are viewed to be good indicators of changes to the whole ecosystem because they are sensitive to changes in the aquatic and terrestrial environments (Waddle, 2006). Most species of amphibians are dependent on the aquatic environment for reproduction (Duellman and Trueb 1986). Additionally, amphibians are sensitive to water quality and ultraviolet radiation because of their permeable skin (Gerlanc and Kaufman 2005). Activities such as feeding, and dispersal are spent in terrestrial environments (Waddle, 2006). According to
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Carruthers (2001), a number of factors influence the distribution of amphibians, but because amphibians have porous skin they generally prosper in warm and damp habitats. All the species of frogs associated with the 2627DB QDS are listed in the Fauna and Flora specialist study (Appendix D). Further niche differentiation is encountered by means of geographic location within the biome, this differentiation includes banks of pans, open water, inundated grasses, trees, rivers and open ground, all of which are present and / or within close proximity to the Project area. The Giant Bullfrog (Pyxicephalus adspersus) (NT) may be expected to occur within the Project area due to the favourable habitat sources.
Herpetofauna Herpetofauna is defined as reptiles and amphibians inhabiting a given area. Two species of herpetofauna were identified and are discussed below.
The brevity of the survey meant that relatively few reptiles were observed compared to that of mammals and birds. However, Nile Monitor (Varanus nilotica) tracks were observed near the open water source in the northern portion of the MRA (see Figure 11-13). It is surmised that due to the close proximity of the Vaal River a number of younger individuals may seek refuge at quitter pans or dams in the immediate vicinity. Many shallow pools of water were observed within the western portion of the Project Area during the survey in January 2021. These shallow pools where in habited by numerous Common River Frog tadpoles (Ametia angolensis) (Figure 11-13). The recent rains and scattered pools near the cattle kraals have provided ideal habitat for the Common River Frog.
Figure 11-13: Left: Common River Frog tadpole. Middle and Right: Nile Monitor tracks.
Invertebrates Butterflies are a good indication of the habitats available in a specific area (Woodhall 2005). Although many species are eurytropes (able to use a wide range of habitats) and are widespread and common, South Africa has many stenotrope (specific habitat requirements
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with populations concentrated in a small area) species which may be very specialised (Woodhall, 2005). Butterflies are useful indicators as they are relatively easy to locate and catch, and to identify. It is for this reason that Lepidoptera will be used as the primary focus for the vertebrate survey. During the field assessment in January 2021, a total of 25 invertebrates were observed and are listed in Table 11-13 below. None of these are protected provincially, nationally or globally.
Expected butterflies that may occur in the Project area are listed in Appendix D and one species of Red Data butterfly may occur within the Project area, namely the Highveld Blue (Lepidochrysops praeterita) (EN). Table 11-13: Invertebrate Species Recorded
IUCN Conservation Family Common name Species name Status
Acrididae Stick Grasshopper Acrida sp. LC
Bombyliidae Phantom Bee Fly Exoprosopa nemesis Not listed
Two-spottted Carabidae Anthia homoplatum Not listed Ground Beetle
Three-lined Velvet Carabidae Graphipterus trilineatus Not listed Ground Beetle
Milkweed Leaf Chrysomelidae Platycorynus dejeani Not listed Beetle
Coenagrionidae Common Bluetail Ischnura senegalensis LC
Coreidae Acacia Stinkbug Prismatocerus auriculatus Not listed
Cream Striped Owl Erebidae Cyligramma latona Not listed Moth
Erebidae Stolid Lines Grammodes stolida Not listed
Formicidae Pugnacious Ant Anoplolepsis custodiens Not listed
Libellulidae Wadering Glider Pantala flavescens LC
Hook-winged Net- Lycidae Lycus melanurus Not listed winged Beetle
Meloidae Felt Blister Beetle Mylabris burmeisteri Not listed
Mutillidae Velvet Ant Smicromyrme atropos Not listed
Slender Burnished Noctuidae Thysanoplusia orichalcea Not listed Brass Moth
African Monarch Nymphalidae Danaus chrysippus LC Butterfly
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IUCN Conservation Family Common name Species name Status
Brown-veined White Pieridae Belenois aurota Not listed Butterfly
African Migrant Pieridae Catopsilia florella Not listed Butterfly
Smoky Orange Tip Pieridae Colotis euippe Not listed Butterfly
Broad-bordered Pieridae Eurema brigitta LC Grass Yellow
Savanna Fruit Scarabaeidae Dischista rufa Not listed Chafer
Scarabaeidae Green Dung Beetle Garreta nitens LC
Tenebrionidae Round Toktokkie Moluris pseudonitida Not listed
Black-mound Termitidae Amitermes hastatus Not listed Termites
Long-tailed Meadow Tettigoniidae Conocephalus caudalis LC Katydid
Sensitivity Analysis The outcome of the sensitivity assessment depicts sensitivity ranging from low to high in the Project area (Figure 11-14 below). Low sensitivity was assigned to the portions where current and previous mining activities have been established. The land modifications have led to the decline in fauna inhabitability and an influx of Alien Invasive Plants, hence the low sensitivity. Moderate sensitivity was assigned to areas where there is evidence of historical alterations to the land, however, time has permitted indigenous floral proliferation that supports many faunal species. High sensitivity was assigned to the areas where the evidence of faunal and floral SCC was encountered and observed. The tracks of an African Clawless Otter (Aonyx capensis) (NT) were observed near a seasonal pan on the northern boundary of the MRA. Additionally, a Chestnut-banded Plover (Charadrius pallidus) (NT) was observed foraging in the shallows of the pan. This pan exhibited high faunal activity and serves as an important biodiversity feature or wildlife corridor for species passing through. Two floral SCC were identified in the western portion of the MRA, namely Boophone disticha (provincially protected) and Hypoxis hemeracallidae (declining). Several individuals of these species were identified in their demarcated location (Figure 11-14, also attached in Appendix B as Plan 7).
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Figure 11-14: Sensitivity Map of the Project Area
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11.7 Air quality An AQIA was undertaken during the Regulation 31 Amendment and is appended to this report as Appendix E. Figure 11-15 (also attached as Plan 8, Appendix B) shows the layout of Sweet Sensation Sand Mine and the air quality monitoring locations. In Google Earth® Imagery, the area is devoid of residential dwellings to the east, south, and west from the mine boundary. To the north of the mine boundary, some residential dwellings are located adjacent to the Vaal River. These were considered as sensitive receptors, in accordance with the United States Environmental Protection Agency (USEPA), 2016. The latter described sensitive receptors amongst other things as “an area where the occupants are more susceptible to involuntary exposure to airborne pollutants”.
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Figure 11-15: Project Boundary Showing Surrounding Receptors and Air Quality Monitoring Sites
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Existing Air Quality Dustfall data from January 2019 to October 2020 measured at the project area using the American Standard Test Method (ASTM) D1739 was used to assess background scenarios. The dustfall records covered a two-year monitoring window, except for December 2020 (which was not available at the time of completion of the air quality study, February 2021). Dustfall data from four sites labelled as North Boundary, East Boundary, South Boundary, and West Boundary were received from Sweet Sensation. These monitoring sites were all within the Project boundary, hence, were classified as “industrial” in line with the South African regulation (GN R827 of 1 November 2013). In addition to the dustfall data, real-time particulate matter measurements conducted over one month onsite were used to assess background air quality. A summary of the results are discussed below and encompasses the ambient levels of Total Suspended Particulates (TSP),
Particulate Matter less than 10 microns in diameter (PM10), and Particulate Matter with
Aerodynamic Diameter less than 2.5 Micron (PM2.5) onsite.
11.7.1.1 TSP The results of the baseline dustfall measurements at the four dust monitoring locations have confirmed the deposition rates on-site. The sites were all classified as industrial since they were all within the Project boundary. It is worth mentioning that no residential site was selected. In 2019, the dustfall rates recorded exceedances at site EB three times (August, October, and November of 2019), and two of those were in consecutive months (October and November of 2019). Exceedance in consecutive months means the site was not compliant with the requirements of the regulation - GN R 827 of 1 November 2013. Also, site WB recorded exceedances in consecutive months, which were in November and December of 2019 (Figure 11-16). In 2020, the only exceedance recorded was at NB (May 2020), with no violation of the permissible frequency of exceedance (which is two within a year). A graphical representation of the dustfall rates measured in 2020 is presented in Figure 11-17.
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Figure 11-16: Sweet Sensation Dustfall Measurements for 2019
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Figure 11-17: Sweet Sensation Dustfall Measurements for 2020
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11.7.1.2 Particulate Matter and Gases The real-time air quality monitor, AQ-Mesh® installed at a secure location in the MRA was used to collect particulate matter data for one month. A picture of the real-time continuous monitor and the range of pollutants it can measure is depicted in Figure 11-18. For this assessment, the focus was on criteria air pollutants - PM10 and PM2.5 only. The data recorded in the comma-separated values (CSV) format, were imported into Microsoft® Excel for statistical analysis and interpretation.
Figure 11-18: Systematic of the AQ-Mesh
11.7.1.3 Fine Particulate Matter The measured data represent the impacts associated with the ongoing mining operations and emissions from surrounding sources. This will include wind erosion of bare or open surfaces in the vicinity. The AQ-Mesh® was out in the field from 4 February 2019 to 11 March 2019.
11.7.1.4 PM10
The results show that ambient PM10 levels on site were very low. From the results, only one exceedance of the South African 24 -hours standard of 75 µg/m3 was recorded. On that day, 3 the ambient concentration of PM10 was 213 µg/m onsite. From the assessment of measured data, the 98 percentile of the daily levels of this pollutant were below 5 µg/m3 (Figure 11-19).
11.7.1.5 PM2.5
The PM2.5 data extracted from the real-time monitor confirmed that the ambient levels of these pollutants were lower than the South African 24-hours standard of 40 µg/m3. For this pollutant, no exceedance was recorded during the one-month campaign period. The analysis of the data confirmed that 98 percentile of the daily concentrations measured over the one month period were below 3 µg/m3 (Figure 11-20).
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Figure 11-19: Ambient PM10 Levels in the MRA
Figure 11-20: Ambient PM2.5 Levels in the MRA
11.8 Noise A Noise Impact Assessment was undertaken during the Regulation 31 Amendment and is appended to this report as Appendix F. Potential noise-sensitive developments, receptors and communities (NSRs) were identified using tools such as Google Earth® with the areas up to a distance of 1 000 m from development footprint. These receptors are highlighted in Figure 11-21. Also indicated on this figure are generalized 200 m, 500 m, and 1 000 m buffer zones. Generally, noises from such a sand mining activity:
● are limited to a distance of less than 500 m from active mining access roads, though this would normally be less than 200 m with low traffic volumes and speeds associated with such roads. This can be increased to a distance of 1 000 m, normally associated
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with very busy roads (such as a busy national road where average speeds exceeding 100 km/h);
● could be significant within 200 m, with receptors staying within 200 m from active mining/industrial activities normally subject to noises at a sufficient level to be considered disturbing;
● are normally limited to a distance of approximately 500 m from the active mining activities. Ambient sound levels are increased due to noises from the activities, with the potential noise impact measurable. Noise levels from such activities are generally less than 45 dBA further than 500 m from these activities; and
● could be audible up to a distance of 1 000 m, though the noises may be audible up to 2 000 m during very quiet periods with certain meteorological conditions.
It should be noted that each dot may represent a number of houses used for residential purposes.
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Figure 11-21: Project Area and Potential Noise-sensitive Receptors Close to Mine
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Sounds Measurements - Procedure Ambient (background) noise levels were measured from 30 November to 4 December 2020 in accordance with the South African National Standard SANS 10103:2008 "The measurement and rating of environmental noise with respect to land use, health, annoyance and to speech communication" considering the protocols defined in GG 43110. Ambient sound levels were measured at three locations in the area around the Project, with a fourth instrument deployed near the mine site office. The sound levels were measured using calibrated class-1 Sound Level Meters (SLMs) with the measurement localities presented in Figure 11-22. The SLM would measure “average” sound levels over 10-minute periods, save the data and start with a new 10-minute measurement until the instrument was stopped.
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Figure 11-22: Localities where Ambient Sound Levels were Measured
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Long-term Measurement Location – DWSSLTSL01 The microphone was deployed in an open area on the lawn, approximately 20 m from the residential dwelling. A small pond was located 10 m from the microphone. There are a number of large riparian trees next to the Vaal River. Table 11-14 highlights sound heard during equipment deployment and collection. Table 11-14: Noises/ Sounds Heard during Site Visits at DWSSLTSL01
Noises/sounds heard during onsite investigations
During equipment deployment
Bird calls dominant. Peacock calling at river’s edge. Wind Faunal and Natural Induced Noise (WIN) through trees.
Residential - Magnitude Scale Code: Industrial & - • Barely transportation Audible During equipment collection • Audible Bird calls dominant. WIN. Fish jumping in pond and making Faunal and Natural • Dominating splashing sound. Peacock calling at river’s edge.
Residential Pump audible. Water flowing into cement dam.
Industrial & Truck driving around at Sweet Sensation Mine very slightly transportation audible with low wind speeds (no WIN).
11.8.2.1 Summary of Ambient Sound levels Measured
Impulse time-weighted equivalent sound levels LAIeq,10min and fast time-weighted equivalent sound levels LAFeq,10min are presented in Table 11-15 below. The LA90 level is presented in this report to define the “background ambient sound level”, or the sound level that can be expected if there were little single events (loud transient noises) that impacts on average sound level. The maximum noise level exceeded 65 dBA only a few times during night (the most being 10 times during night 2). If maximum noise levels exceed 65 dBA more than 10 times at night, it may increase the probability where a receptor may be awakened at night, ultimately impacting on the quality of sleep6.
(6) World Health Organization, 2009, ‘Night Noise Guidelines for Europe.
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Table 11-15: Sound Levels Considering Various Sound Level Descriptors at DWSSLTSL01
LAmax,i LAeq,i LAeq,f LA90,f LAmin,f
(dBA) (dBA) (dBA) (dBA90) (dBA)
Day arithmetic average - 61.1 51.1 38.8 -
Night arithmetic average - 50.2 44.2 37.9 -
Energy averaged sound level(day) - 61.1 51.1 - -
Energy averaged sound level(night) - 50.2 44.2 - -
Day minimum - 39.5 36.5 - 30.2
Day maximum 105.4 83.9 72.1 - -
Night minimum - 37.6 36.4 - 33.2
Night maximum 90.9 65.9 55.5 - -
Day 1 equivalent - 56.9 54.3 - -
Night 1 Equivalent - 48.3 45.1 - -
Day 2 equivalent - 57.6 50.1 - -
Night 2 Equivalent - 53.4 45.8 - -
Day 3 equivalent - 64.4 53.6 - -
Night 3 Equivalent - 45.3 42.2 - -
Day 4 equivalent - 56.5 46.6 - -
Night 4 Equivalent - 49.8 42.5 - -
Day 5 equivalent - 47.7 41.0 - -
Long-Term Measurement Location - DWSSLTSL02 The microphone was deployed in an open area at the offices of the Sweet Sensation Sand Mine offices. The offices consist of a caravan and a temporary office building. Various large trees are located in the area. Table 11-16 highlights sound heard during equipment deployment and collection.
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Table 11-16: Noises/ Sounds Heard during Site Visits at DWSSLTSL02
Noises/sounds heard during onsite investigations
During equipment deployment
Faunal and WIN dominant when workers are quiet. Birds audible. Natural
Residential - Magnitude Industrial & Scale Code: Workers talking and laughing dominant. transportation • Barely Audible During equipment collection • Audible Faunal and Bird calls sometimes dominant. • Dominating Natural Residential -
Pump on dust suppression truck dominant while operating. Industrial & Mine activities audible in distance – trucks driving around transportation and a metallic knocking noise. Workers talking and laughing.
11.8.3.1 Summary of Ambient Sound Levels measured Impulse time-weighted equivalent sound levels LAIeq,10min and fast time-weighted equivalent sound levels LAFeq,10min are presented in Table 11-17 below. Table 11-17: Sound Level Descriptors as Measured at DWSSLTSL02
LAmax,i LAeq,i LAeq,f LA90,f LAmin,f
(dBA) (dBA) (dBA) (dBA90) (dBA)
Day arithmetic average - 57.9 53.8 42.6 -
Night arithmetic average - 60.1 51.8 40.4 -
Energy averaged sound level(day) - 57.9 53.8 - -
Energy averaged sound level(night) - 60.1 51.8 - -
Day minimum - 43.3 39.0 - 29.1
Day maximum 94.3 72.3 69.8 - -
Night minimum - 39.5 37.9 - 32.9
Night maximum 95.2 73.0 62.0 - -
Day 1 equivalent - 54.6 51.5 - -
Night 1 Equivalent - 56.3 50.2 - -
Day 2 equivalent - 57.5 52.7 - -
Night 2 Equivalent - 64.2 54.1 - -
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LAmax,i LAeq,i LAeq,f LA90,f LAmin,f
(dBA) (dBA) (dBA) (dBA90) (dBA)
Day 3 equivalent - 58.8 54.9 - -
Night 3 Equivalent - 55.6 49.6 - -
Day 4 equivalent - 56.2 52.3 - -
Night 4 Equivalent - 58.3 51.6 - -
Day 5 equivalent - 51.2 46.7 - -
Long-term Measurement Location – DWSSLTSL03 The microphone was placed in an open area on the lawn. Due to the elevation of the measurement location, the mine is visible with direct line of sight. Table 11-18 highlights sound heard during equipment deployment and collection. Table 11-18: Noises/ Sounds Heard during Site Visits at DWSSLTSL03
Noises/sounds heard during onsite investigations
During equipment deployment
Faunal and Natural Bird communication dominant. WIN.
Residential Weed-eater audible in distance. Magnitude Scale Code: Industrial & Car passing in street. Sand mine slightly audible when transportation other noise sources are quiet. • Barely Audible During equipment collection • Audible Faunal and Natural Birds dominant. • Dominating Residential Household noise from homeowner cooking.
Industrial & Four-wheeler passing in street. transportation
11.8.4.1 Summary of Ambient Sound Levels Measured
Impulse time-weighted equivalent sound levels LAIeq,10min and fast time-weighted equivalent sound levels LAFeq,10min are presented in Table 11-19 below. The maximum noise level exceeded 65 dBA 12, 11, 10 and 9 times over the four-night period. If maximum noise levels exceed 65 dBA more than 10 times at night, it may increase the probability where a receptor may be awakened at night, ultimately impacting on the quality of sleep7.
(7) World Health Organization, 2009, ‘Night Noise Guidelines for Europe.
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Table 11-19: Sound Levels Considering Various Sound Level Descriptors at DWSSLTSL03
LAmax,i LAeq,i LAeq,f LA90,f LAmin,f
(dBA) (dBA) (dBA) (dBA90) (dBA)
Day arithmetic average - 57.7 51.1 39.6 -
Night arithmetic average - 54.7 49.1 42.6 -
Energy averaged sound level(day) - 57.7 51.1 - -
Energy averaged sound level(night) - 54.7 49.1 - -
Day minimum - 39.1 38.7 - 28.0
Day maximum 110.9 92.5 78.5 - -
Night minimum - 43.0 41.4 - 31.3
Night maximum 86.3 68.9 63.0 - -
Day 1 equivalent - 75.0 62.6 - -
Night 1 Equivalent - 55.5 49.6 - -
Day 2 equivalent - 58.6 53.2 - -
Night 2 Equivalent - 54.1 48.8 - -
Day 3 equivalent - 55.7 47.9 - -
Night 3 Equivalent - 53.1 47.8 - -
Day 4 equivalent - 56.3 48.9 - -
Night 4 Equivalent - 55.4 50.0 - -
Day 5 equivalent - 53.9 45.7 - -
Long-term Measurement Location – DWSSLTSL04 The instrument was deployed at the residence of Ms. Van Der Schyf. The residence is opposite the Vaal River in relation to the Sweet Sensation Sand Mine. Table 11-20 highlights sound heard during equipment deployment and collection.
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Table 11-20: Noises/ Sounds Heard during Site Visits at DWSSLTSL04
Noises/sounds heard during onsite investigations
During equipment deployment
Faunal and Natural WIN through trees. Birds dominant otherwise.
Residential Tractor mowing lawn dominant. Magnitude Industrial & Scale Code: - transportation • Barely Audible During equipment collection • Audible Faunal and Natural Birds dominant. • Dominating Residential -
Industrial & - transportation
11.8.5.1 Summary of Ambient Sound levels Measured
Impulse time-weighted equivalent sound levels LAIeq,10min and fast time-weighted equivalent sound levels LAFeq,10min are presented in Table 11-21 below. The maximum noise level exceeded 65 dBA between 3 and 9 times over the four-night period. Table 11-21: Sound Levels Considering Various Sound Level Descriptors at DWSSLTSL04
LAmax,i LAeq,i LAeq,f LA90,f LAmin,f
(dBA) (dBA) (dBA) (dBA90) (dBA)
Day arithmetic average - 48.6 44.6 35.8 -
Night arithmetic average - 49.2 42.9 32.8 -
Energy averaged sound level(day) - 48.6 44.6 - -
Energy averaged sound - 49.2 42.9 - - level(night)
Day minimum - 31.1 30.4 - 24.1
Day maximum 80.0 66.1 65.2 - -
Night minimum - 30.8 29.0 - 22.8
Night maximum 89.5 64.1 52.7 - -
Day 1 equivalent - 53.0 51.4 - -
Night 1 Equivalent - 49.5 44.3 - -
Day 2 equivalent - 49.0 46.3 - -
Night 2 Equivalent - 47.3 41.5 - -
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LAmax,i LAeq,i LAeq,f LA90,f LAmin,f
(dBA) (dBA) (dBA) (dBA90) (dBA)
Day 3 equivalent - 47.2 41.9 - -
Night 3 Equivalent - 49.7 43.6 - -
Day 4 equivalent - 47.3 43.5 - -
Night 4 Equivalent - 49.8 41.6 - -
Day 5 equivalent - 44.7 38.6 - -
11.9 Heritage A Heritage Site Management Plan and Chance Finds Procedure undertaken during the Regulation 31 Amendment is appended to this report as Appendix G.
Cultural Heritage Baseline Description This section provides a summary of the baseline presented by Gaigher (2015) in the Heritage Impact Assessment (HIA) report to provide context for this document. The Project area is underlain by geological layers of very high, high, moderate and low palaeosensitivity. Considering the nature of the Project, Gaigher (2015) does not present a description of the geological setting of the Project. The archaeological landscape includes the Stone Age and the Farming Community period (referred to in the HIA report as the Iron Age). The Stone Age comprises three phases, the Earlier Stone Age (ESA), the Middle Stone Age (MSA) and the Later Stone Age (LSA). The ESA ranges in time from 2 million years ago (mya) to approximately 200 000 years ago. The early stages of this period include simple flakes struck from cobbles and core and pebble tools. The later phases include hand axes, cleavers and picks that are shaped intentionally. The ESA includes the Oldowan and Acheulean industries. The MSA occurs from 20 000 to 300 000 years ago. These tools include those created through the Levallois or prepared core techniques. Formal tools within this period include retouched points, backed artefacts, scrapers and denticulates. Blades, evidence of hafted tools, bone points, engraved ochre, engraves bone fragments, ostrich eggshell artefacts and grindstones occur in this period. The LSA began approximately 40 000 years ago until recent times (i.e., the historical period). These tools are generally variable with a wide range of formal tools. Backed artefacts, evidence of hafted stone and bone tools, borers and bored stones, upper and lower grindstones, ostrich eggshell artefacts, rock art and ceramics occur in this period. The Farming Community period is heavily influenced by the events of the Difaqane in and around the year 1823. During the Ndebele raids within the Difaqane, the Rolong and the Khudu from Parys fled west. The archaeology of this period is characterised by stonewalling. The two predominant types in this area are the Type N and the Type Z settlements.
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Gold was discovered on the Witwatersrand in 1886. This led to large-scale developments in Parys, as the recently established town was on a route between the goldfields and Bloemfontein. The outbreak of the South African War (also referred to as the Anglo-Boer War) brought these developments to a standstill and caused destruction within the area. Gaigher (2015) identified a small, dilapidated mudbrick structure within the Sweet Sensation MRA. This structure could have historical significance and is to be avoided8.
11.10 Traffic The Traffic Impact Assessment (TIA) is appended to this report as Appendix H and was undertaken by Zutari in support of the Amendment to assess the impact the customer trucks are having on the Project road.
The Project Road SS171 The SS171 connects the mine site to a wider national road network including the R42 and the N1 to Germiston. SS171 runs approximately 9 km towards the intersection leading towards the Sweet Sensation Mine. The SS171 is classified as a secondary spatial road by the Department of Police, Roads and Transport of Free State. It was built in the 1960s, to serve as access to the residence of a member of Parliament of the then Nationalist Party. The road is part of what was identified as a scenic route in the Ngwathe Municipality IDP Review 2020/21, under the Department of the Resorts and Tourism. In the context of the Project area, the SS171 has more of an access function than mobility due to several informal accesses to nearby farming communities, non- operational mines and leading to other accesses to individual residential properties and wedding venues.
Traffic Various sources were used to derive the traffic inputs for the model. The primary sources are:
● The manual traffic link counts and an intersection count conducted from Thursday 12 November to Sunday 15 November 2020; and
● The results from the truck traffic estimation.
11.10.2.1 Traffic counts Traffic data for the analysis was derived from traffic link counts and intersection counts done by Unitraf (sub-contractor), situated along the project road, and was considered relevant to the study area. Table 11-22 presents the traffic counts. The traffic counts were undertaken during COVID under lockdown level 2 regulations, which resulted in low volumes of traffic going to wedding venues. Note: EB = East bound and WB = West bound.
8 Refer to the CMP for more details on the management of this heritage resource.
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Table 11-23 below shows the 2020 average daily traffic used for the HDM-4 analysis. Table 11-22: Traffic Counts
Direction Date Weekda Count Time Class I Class II Class III Class IV Total y EB and 12-Nov- Thursday Link 24 hr 126 12 16 83 237 WB 20 EB and 13-Nov- Friday Link 12 hr 169 15 10 81 275 WB 20 EB and 14-Nov- Saturday Link 12 hr 182 13 0 1 196 WB 20 EB and 15-Nov- Sunday Link 12 hr 103 0 2 0 105 WB 20 Total 580 40 28 165 813
Average 145.00 10.00 7.00 41.25 203.25
Adjusted average 146.07 11.50 9.57 58.71 225.86 Note: EB = East bound and WB = West bound. Table 11-23: Traffic for HDM-4 Analysis (2020)
Vehicle Class Class I Class II Class III Class IV Total
Vehicles per day 146 12 10 59 227
11.10.2.2 Truck Estimation Truck traffic estimation was derived from the average cubic metres of sand that leaves the mine daily as well as the number of trucks leaving the mine daily as reported by the Sweet Sensations Mine. At an average reported density of 1.528 tonnes per cubic metre, the corresponding tonnes transported by the trucks was calculated as shown in Table 11-24. The density of sand refers to that of dry sand. If wet sand is loaded, the density will differ but is dependent on water content which may vary for every load. Table 11-24: Truck Traffic and Cubic Meters Transported
Cubic Number of Cubic Weekday Date Tonnes metres Trucks metres/truck
Tuesday 22-Sep-20 1044 1595.232 68 23.46
Wednesday 23-Sep-20 1008 1540.224 66 15.27
Friday 25-Sep-20 1142 1744.976 52 21.96
Monday 28-Sep-20 928 1417.984 50 18.56
Tuesday 29-Sep-20 987 1508.136 48 20.56
Wednesday 30-Sep-20 885 1352.28 51 17.35
Thursday 1-Oct-20 942 1439.376 50 18.84
Friday 2-Oct-20 1402 2142.256 68 20.62
Monday 5-Oct-20 1106 1689.968 57 19.40
Tuesday 6-Oct-20 869 1327.832 45 19.31
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Cubic Number of Cubic Weekday Date Tonnes metres Trucks metres/truck
Wednesday 7-Oct-20 989 1511.192 51 19.39
Thursday 8-Oct-20 1001 1529.528 56 17.88
Friday 9-Oct-20 1563 2388.264 85 18.39
Monday 12-Oct-20 792 1210.176 45 17.60
Tuesday 13-Oct-20 1495 2284.36 85 17.59
Wednesday 14-Oct-20 1148 1754.144 68 16.88
Thursday 15-Oct-20 1382 2111.696 80 17.28
Friday 16-Oct-20 1143 1746.504 68 16.81
Monday 19-Oct-20 1031 1575.368 60 17.18
Tuesday 20-Oct-20 1337 2042.936 68 19.66
Wednesday 21-Oct-20 1026 1567.728 57 18.00
Thursday 22-Oct-20 1063 1624.264 61 17.43
Friday 23-Oct-20 1389 2122.392 77 18.04
Monday 26-Oct-20 1183 1807.624 64 18.48
Tuesday 27-Oct-20 997 1523.416 52 19.17
Wednesday 28-Oct-20 1037 1584.536 53 19.57
Thursday 29-Oct-20 1183 1807.624 68 17.40
Friday 30-Oct-20 873 1333.944 49 17.82
Monday 2-Nov-20 1144 1748.032 61 18.75
Tuesday 3-Nov-20 1251 1911.528 69 18.13
Wednesday 4-Nov-20 1026 1567.728 58 17.69
Thursday 5-Nov-20 1024 1564.672 56 18.29
Friday 6-Nov-20 1066 1628.848 56 19.04
Monday 9-Nov-20 1074 1641.072 55 19.53
Tuesday 10-Nov-20 1067 1630.376 55 19.40
Wednesday 11-Nov-20 1160 1772.48 61 19.02
Thursday 12-Nov-20 1074 1641.072 61 17.61
Friday 13-Nov-20 1023 1563.144 58 17.64
Monday 16-Nov-20 1319 2015.432 67 19.69
Tuesday 17-Nov-20 1200 1833.6 60 20.00
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Cubic Number of Cubic Weekday Date Tonnes metres Trucks metres/truck
Wednesday 18-Nov-20 1120 1711.36 58 19.31
11.11 Social
Population Demographics The Free State Province has a population of 2,834,714 (5.1% of the national population geographic space, occupies a geographic space of 129 825km².The main economic activities in the Free State Province are agriculture, mining and manufacturing. The Fezile Dabi district population makes up 494,777 (17.45%) of the population of the Free State Province. The population is distributed across the four local municipalities as displayed in Table 11-25 below. Ngwathe Local Municipality has a total population of 120,520 people, of which 86.5% are black african, 10.3% are white people and with the other population groups making up the remaining 3.2%. Table 11-25: Analysis of Demographic Profile of Fezile Dabi District Municipality
Total % of District Total Name of Local Municipality Growth rate population population population
Metsimaholo Local Municipality 163 564 33.05% 149 108 2.1%
Mafube Local Municipality 57 574 11.64% 57 876 -0.1%
Moqhaka Local Municipality 154 732 31.27% 160 532 -0.8%
Ngwathe Local Municipality 118 907 24.03% 120 520 -0.3%
Adapted from Stats SA, CS (2016)
11.11.1.1 Major Economic Activities The main economic activities in the Fezile Dabi District Municipality and Ngwathe Local Municipality are agriculture, manufacturing, mining and tourism. Agriculture is the dominant activity, with production that is larger in the Free State Province.
11.11.1.2 Unemployment Estimate for the Area There is a 35.2% unemployment rate within the Ngwathe Local Municipality with 45.1% of the economically active youth in the municipality being unemployed (Statistics South Africa, 2011).
11.11.1.3 Access to Basic Services Access to basic services is generally moderate in the Ngwathe Local Municipality. According to Statistics South Africa (2011), 44.7% of the municipal population had access to piped water inside the dwelling and yard. Seventy five percent (75%) of households had access to flush
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toilets and 81.9% of households received a weekly refuse removal service. More than 80% of households had access to electricity for lighting and cooking.
Item 3(k): Impacts and Risks Identified including the Nature, Significance, Consequence, Extent, Duration and Probability of the Impacts, including the Degree to which these Impacts Occur This section aims to rate the significance of the identified potential impacts pre-mitigation and post-mitigation. The potential impacts identified in this section are informed by the baseline investigations presented in Section 11 above and are a result of both the environment in which the project activity takes place, as well as the activity itself. The potential impacts are discussed per environmental feature/ aspect. The significance, probability and duration of these potential impacts have been assessed based on the detailed specialist studies undertaken on the sensitivity of the receiving environment. The Impact Assessment provided in the sections below only considers impacts associated with the proposed inclusion of the screening process into the mining method as indicated in Table 5-2 above. The EMPr included as Part B of this report includes activities associated with the proposed Amendment Project only (screening process activities). This EMPr will be attached as an appendix to the existing and approved EMPr, 2016. Therefore, the two EMPrs will not be consolidated and will address different aspects of the mining process. The results of the impacts determination for the various activities considered are set out below. The methodology used for impact identification and assessment is provided in Section 14.
12.1 Potential Impacts on Fauna and Flora The Project area consists of degraded grassland, primarily due to anthropogenic impacts. The general study area (including outside the borders of the Project area) includes extensive farmland and some mining, with associated houses and buildings. Despite the disturbed nature of the site, the floral diversity is relatively moderate and serves as refuge and habitat for numerous faunal species such as the identified faunal SCC. During the operational phase, the screening of sand and movement of the vehicles during stockpiling and transporting of screened sand could result in air pollution in the form of dust, especially during the drier months with increased windy conditions. During the operational phase, the screening of sand and movement of vehicles during stockpiling and transporting of screened sand could result in an increase in noise levels, removal of vegetation and vehicular faunal casualties (Please refer to detailed report in Appendix D).
Operational Phase Activities during the Operational Phase that may have potential impacts are presented in Table 12-1.
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Table 12-1: Interactions and Impacts of Activity – Fauna and Flora
Interaction Impact
Tipping of sand into the screening machine ● Dust pollution.
Screening of sand by means of the Mobile ● Noise generation and dust pollution. Terex 3-Screening Machine or similar
● Increased ambient noise levels at surrounding noise-sensitive receptors; and Moving of the screening machine within the areas to be mined ● Increased potential of faunal casualties through roadkill and destruction and removal of vegetation (floral SCC).
● Disturbances to the habitat, dust pollution, and AIP proliferation. ● Increased vehicle movement in the area, Stockpiling of the screened sand on site increasing soil compaction, erosion, and runoff potential; and ● Unexpected changes in the topography and overall habitats
● Increased dust; and
Transporting of the screened sand offsite ● Increased potential of faunal casualties through roadkill and destruction and removal and vegetation (floral SCC).
The impacts associated with screening operation and the associated mitigation measures are detailed in Table 12-2, Table 12-3 and Table 12-4 below. Table 12-2: Disturbance to Fauna and Flora due to Noise and Screening Machinery Use
CRITERIA DETAILS/DISCUSSION
Impacted Terrestrial Biodiversity environment
Screening of sand, moving of sand to stockpiling areas and transporting of sand off- Activity site.
● Disturbance to fauna due to noise from screening and moving of sand; and Description of impact ● Potential of increased faunal casualties through large machinery movement and habitat destruction.
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CRITERIA DETAILS/DISCUSSION
● The footprint of the mine should be kept as small as possible with only necessary areas being cleared; ● Existing roads should be used with no new roads constructed, if new roads need to be constructed, these should be done outside of the demarcated sensitive floral and faunal habitats and as close as possible to the existing roads; ● Access should be restricted to already impacted areas such as haul roads; Mitigation ● To minimise loss of faunal and floral SCC, posters and signage demarcating required sensitive habitats must be incorporated during the mine life cycle. Anti- poaching units should be activated and security patrols enlisted to prevent snaring; ● Areas where vegetation is removed should be revegetated as soon as the screening process has been completed and the sand removed; and ● Refer to the noise mitigation measures listed in the EARES Noise Study 2020 (Appendix F) and avert the noise pollution from faunal SCC assemblages and sensitive areas identified in the Sensitivity Map.
Parameters Spatial Duration Severity Probability Nature Significant rating
Pre- 3 5 4 5 negative (-) Minor (negative) – 60 Mitigation
Post- 2 2 3 3 negative (-) Negligible (negative) – 21 Mitigation
Table 12-3: Impacts on Fauna and Flora due to Stockpiling of Screened Sand
CRITERIA DETAILS/DISCUSSION
Impacted Terrestrial Biodiversity environment
Activity ● Stockpiling of the screened sand
● Disturbances to the habitat, and increased dust pollution, and AIP proliferation; Description and of impact ● Increased vehicle movement in the area, increasing soil compaction, erosion and runoff potential.
● The footprint of the mine should be kept as small as possible with only necessary areas being cleared for stockpiling; ● Areas where vegetation is removed or where habitat is disturbed should be Mitigation rehabilitated or revegetated as soon as stockpiles are removed; required ● Dust suppression and mitigation measures listed in the Digby Wells Air Quality Study should be referred to. The application of water on unvegetated areas is advised to control the dust pollution, particularly during windy periods.
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CRITERIA DETAILS/DISCUSSION ● AIPs should be continuously monitored and controlled throughout the life of the project and thereafter. It is recommended that AIP programme be established to control the spread.
Parameters Spatial Duration Severity Probability Nature Significant rating
Pre- 2 3 3 5 negative (-) Minor (negative) (40) Mitigation
Post- 2 2 3 3 negative (-) Negligible(negative) (21) Mitigation
Table 12-4: Disturbance to Fauna and Flora due to Dust Pollution
CRITERIA DETAILS/DISCUSSION
Impacted Terrestrial Biodiversity environment
Screening of sand, moving of sand to stockpiling areas and transporting of sand off- Activity site.
Description of Dust pollution generated due to the screening of sand and movement vehicles during impact stockpiling and transporting of screened sand.
● Dust suppression and mitigation measures listed in the Digby Wells Air Quality Study (Appendix E) should be referred to. The application of water on unvegetated areas is advised to control the dust pollution, particularly during windy periods; ● Existing roads should be used, if new roads need to be constructed, these should be done outside of the identified sensitive areas and as close as possible to the existing roads (please refer to Sensitivity Map); ● Access should be restricted to already impacted areas such as existing haul Mitigation roads; required ● Areas where vegetation is removed should be revegetated as soon as the screening process has been completed and the sand removed; ● The screening machine and vehicles utilised to transport material must be maintained in good working order to prevent smoke emissions; ● Stockpiles should be situated away from nearby receptors and sensitive floral and faunal habitats and should consider the predominant wind direction; and ● These mitigation measures must be read in conjunction with the Digby Wells Air Quality Report 2020.
Parameters Spatial Duration Severity Probability Nature Significant rating
Minor (negative) – Pre-Mitigation 2 4 4 4 negative (-) 40
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CRITERIA DETAILS/DISCUSSION
Post- Negligible (negative) 1 3 3 3 negative (-) Mitigation – 21
12.2 Potential Impacts on Air Quality The transportation of topsoil material and stockpiling, coupled with the sand mining operation and operation of the screening plant will result in the emission of particulate matter, such as
TSP, PM10, and PM2.5. The predicted impacts of the ongoing sand mining operation coupled with the future inclusion of the screening machine were assessed (Please refer to detailed report in Appendix E). The findings are summarised as follows:
● The predicted PM2.5 GLC over a 24-hr averaging period shows the areas where exceedances of the South African standard of 40 µg/m3 are likely to occur. These areas are confined within the MRA. The predicted GLC at the monitoring locations East Boundary, North Boundary, South Boundary, and West Boundary were below the 3 standard of 40 µg/m . For PM2.5 annual GLC, the areas where exceedance of the standard are likely to occur are within the MRA;
● The predicted PM10 GLC over a 24-hr averaging period has confirmed that exceedances of the South African standard of 75 µg/m³ will occur and will be more within the MRA. The predicted GLC at the monitoring locations were compliant with the standard, except at NB, with a concentration of 80 µg/m³ predicted. The predicted annual GLC at the EB, NB, SB, and WB were compliant with the South African standard; and
● The simulated dustfall rates confirmed that the areas where the non-residential limit of 1 200 mg/m2/d will be exceeded are mostly confined within the MRA and adjacent areas in the southwest, south and southeast directions without mitigation measures in place. The dustfall rates predicted, show that exceedances will be recorded at SB only (1 472 mg/m2/d) without mitigation. However, with mitigation measures in place, the predicted dustfall rates were compliant with the non-residential limit at all sites.
Operational Phase Activities during the Operational Phase that are having implications on the ambient air quality of the MRA and surroundings (i.e. increasing emission to the ambient atmosphere) are indicated in Table 12-5.
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Table 12-5: Interactions and Impacts of Activity – Air Quality
Interaction Impact
Mining of sand Generation of dust. Stockpiling (topsoil) Increased particulate matter load in the Material handling – tipping, loading, screening atmosphere leading to poor air quality. (operation of the screening machine), and hauling sand Soiling of surfaces due to airborne dust. off-site on dirt road
The operational phase activities will require mitigation measures in place to contain emissions from certain activities to the atmosphere. The mitigation measures are similar, hence, the impacts are grouped and rated together (Table 12-6). Table 12-6: Significance Ratings for Tipping, Screening, Stockpiling, and Material handling
CRITERIA DETAILS/DISCUSSION
Impacted Air Quality (atmosphere) environment
Activity Tipping, Screening, Stockpiling, and Material handling
Description of Dust generation and poor ambient air quality. impact
● Application of dust suppression measures on the haul roads and exposed areas; ● Conduct mining activities judiciously on windy days (wind speed higher 5.4 m/s); ● Set maximum speed limits on haul roads and have these limits enforced; Mitigation ● The area in the mining schedule for each year should be opened up in phases required and no unnecessary clearing, digging or scraping must occur, especially on windy days; ● The drop heights when tipping and loading should be minimised; ● Enclosure of the screening machine; and ● Ambient air quality monitoring to assess the effectiveness of the mitigation measures in place.
Parameters Spatial Duration Severity Probability Nature Significant rating
Negligible (negative) Pre-Mitigation 2 5 5 6 negative (-) – 72
Post- Negligible (negative) 2 5 2 4 negative (-) Mitigation – 36
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Decommissioning Phase The management of the mine are carrying out concurrent rehabilitation of mined out areas. Hence, the final Decommissioning Phase activities will have minimal impacts on the ambient air quality in the MRA and surroundings are indicated in Table 12-7. Table 12-7: Interactions and Impacts of Activity
Interaction Impact
Rehabilitation (spreading of the preserved subsoil Generation of dust. and topsoil, profiling of the land and natural re- Increased particulate matter load in the vegetation) atmosphere leading to poor air quality. Soiling of surfaces due to dustfall. Post-closure monitoring and rehabilitation
The decommissioning phase activities will require similar mitigation measures to those employed during the operational phase. The impact rating for this phase is discussed in Table 12-8. Table 12-8: Significance Ratings for Rehabilitation of the MRA
CRITERIA DETAILS/DISCUSSION
Impacted Air Quality (atmosphere) environment
Activity Rehabilitation of the MRA
Description of Poor ambient air quality impact
● Application of dust suppression measures on exposed areas until vegetation can be established; ● Conducting rehabilitation activities judiciously by avoiding undertaking these Mitigation activities on windy days (days with wind speed greater than 5.4 m/s); required ● Set maximum speed limits on onsite and have these limits enforced; ● The area of disturbance must be kept to a minimum at all times, especially on windy days; and ● The drop heights when loading or tipping should be minimised.
Parameters Spatial Duration Severity Probability Nature Significant rating
Major (negative) – Pre-Mitigation 1 3 1 4 negative (-) 20
Post- Negligible (negative) 1 3 1 3 negative (-) Mitigation – 15
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12.3 Potential Impacts on Noise The noise study was undertaken by Enviro Acoustic Research cc. An impact assessment methodology suitable for assessing noise impacts was used to determine the significance of the noise impacts that may occur because of the inclusion of the screening process. A noise model was developed considering the existing activities as observed and the projected noise levels associated with the addition of the Finlay screen and the additional front-end loader at the current mining location. The results of the model show that the proposed addition of the Finlay screen and front-end loader will slightly raise the noise levels at the closest potential noise-sensitive receptors. For the current scenario, the addition of the screen would raise the noise levels with 3 to 5 dBA, less than the average ambient sound level (as measured at three measurement locations) (Please refer to detailed report in Appendix F).
Operational Phase – Day-time Scenario The potential significance of the noise impacts for the daytime scenario are summarised in Table 12-9. Table 12-9: Impact Assessment: Existing Scenario with addition of Equipment
Numerous simultaneous future operational activities during the day at the Nature: mining location as observed during the site visit
Precautious approach, with ambient sound level measurements indicating potential daytime noise rating levels typical of a sub-urban noise district. Acceptable The four-night sound level measurements indicate ambient sound levels of 51 Rating Level dBA and noise levels exceeding 55 dBA (based on the IFC noise limits) might be disturbing.
Without Mitigation With Mitigation
Magnitude Medium (6 – NSR 4) Medium (6 – NSR 4)
Duration Long term (4) Long term (4)
Extent Site (2) Site (2) (ΔLAeq,D>7dBA)
Probability Likely (2 – NSR 4) Possible (2 – NSR 4)
Without mitigation With mitigation Significance of Impact Low (24 – NSR 4) Low (24 – NSR 4)
Status Negative Negative
Reversibility High High
Irreplaceable loss of No loss of resources. No loss of resources. resources?
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Degree of High Confidence
● Ensure that all equipment is well maintained and fitted with the correct and appropriate noise abatement measures. Engine bay covers over heavy equipment could be pre-fitted with sound absorbing material. Heavy covers that fully encloses the engine bay could be considered, ensuring that the seam gap between the hood and vehicle body is minimised; ● The mine should limit any activities before 06:00 and after 18:00. No mining activities must be permitted on Sundays; ● The operation should investigate the use of white-noise alarms instead of tonal reverse alarms on vehicles operating on roads, within the mining area and at stockpile areas. The advantages of white noise alarms above tonal alarms are: Mitigation and ● It is as safe as a tonal alarm; mitigation ● Highly audible close to the alarm (or reversing truck); efficiency: ● It generates a more uniform sound field behind a reversing vehicle; ● Greater directional information, workers can locate the source faster; ● Significantly less environmental noise and it creates significantly less annoyance far away; and ● When properly installed, white noise alarms of a similar sound power emission level are more likely to comply with the ISO 9533 standard. ● The mine should implement noise monitoring programme to accurately define the noise levels from the mining operation as well as the proposed screen. This information could be used to estimate potential noise levels at the surrounding environment, as well as to identify appropriate mitigation measures.
Cumulative Impacts The importance of identifying and assessing cumulative impacts is that the whole is often greater than the sum of its parts. This implies that the total effect of multiple stressors or change processes acting simultaneously on a system may be greater than the sum of their effects when acting in isolation. The cumulative impacts considered by the relevant specialists are discussed per environmental aspect, below.
13.1 Fauna and Flora The Soweto Highveld Grassland vegetation Type has been assigned an Endangered conservation status. Thus, further degradation to this vegetation type places it under severe pressure due to the expansion of mining activities and urban development. The cumulative loss of the vegetation type as well as the loss of SCC should be considered proactively. The further removal of habitat and vegetation types to permit mining activities will bring about a reduction in natural areas and increase edge effects. The impacts on the ecology of the area will be significant.
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Secondary cumulative impacts will include increased accessibility to the site and the resulting increase in development and resource dependence. Ideally, a strategic environmental plan for the area should be developed and adhered to. This should include the conservation of important areas as well as the provision of corridors for biodiversity habitat and faunal movement.
13.2 Air Quality As this application is in support of a Regulation 31 Amendment Process, it would not be logical to add model prediction to background levels (i.e. model prediction + the background) to determine the cumulative impacts. This will be tantamount to double accounting. The model runs conducted without mitigation and with mitigation returned negligible differences in the GLC. In essence, the inclusion of the screening machine will result in a negligible impact on the background air quality of the area. Historical dustfall records for 2019 and 2020 from management was used to assess ambient air quality conditions on site. The annual average per site for 2019 and 2020 were compared with a model prediction (inclusive of the screening machine) for the worst-case scenario (without mitigation) and with mitigation. Figure 13-1 shows that the existing ambient air quality conditions on-site are not alarming, and the predicted scenario with the addition of the screening machine will not exacerbate levels above regulatory limits, especially with mitigation measures in place.
Figure 13-1: Comparison of Background and Modelled Dustfall Rates
Item 3(l): Methodology used in Determining and Ranking the Nature, Significance, Consequence, Extent, Duration and Probability of Potential Environmental Impacts and Risks Details of the impact assessment methodology used to determine the significance of physical, bio-physical and socio-economic impacts are provided below. Section 14.1 details the methodology used for the air quality and fauna and flora studies. The impact assessment methodology used for assessing noise impacts is presented in Section 14.2 below.
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14.1 General Impact Assessment Methodology The significance rating process follows the established impact/risk assessment formula:
Significance = CONSEQUENCE X PROBABILITY X NATURE
Where
Consequence = intensity + extent + duration
And
Probability = likelihood of an impact occurring
And
Nature = positive (+1) or negative (-1) impact
The matrix calculates the rating out of 147, whereby intensity, extent, duration and probability are each rated out of seven as indicated in Table 14-3. The weight assigned to the various parameters is then multiplied by +1 for positive and -1 for negative impacts. Impacts are rated prior to mitigation and again after consideration of the mitigation measure proposed in this report. The significance of an impact is then determined and categorised into one of eight categories, as indicated in Table 14-2, extracted from Table 14-1. The descriptions of the significance ratings are presented in Table 14-3. It is important to note that the pre-mitigation rating takes into consideration the activity as proposed, (i.e., there may already be some mitigation included in the engineering design). If the specialist determines the potential impact is still too high, additional mitigation measures are proposed.
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Table 14-1: Impact Assessment Parameter Ratings
Intensity Rating Negative Impacts Positive Impacts Extent Duration/Reversibility Probability (Nature = -1) (Nature = +1) Irreplaceable loss or damage to Noticeable, on-going natural and biological or physical resources or International Permanent: The impact is irreversible, even / or social benefits which have Definite: There are sound scientific reasons to expect that the 7 highly sensitive environments. The effect will occur across with management, and will remain after the improved the overall conditions impact will occur. >80% probability. Irreplaceable damage to highly international borders. life of the Project. of the baseline. sensitive cultural/social resources. Irreplaceable loss or damage to biological or physical resources or Beyond Project life: The impact will remain moderate to highly sensitive Great improvement to the overall National for some time after the life of the Project Almost certain / Highly probable: It is most likely that the impact 6 environments. conditions of a large percentage Will affect the entire country. and is potentially irreversible even with will occur. <80% probability. Irreplaceable damage to of the baseline. management. cultural/social resources of moderate to highly sensitivity. Serious loss and/or damage to physical or biological resources or On-going and widespread Project Life (>15 years): The impact will highly sensitive environments, Province/ Region benefits to local communities cease after the operational life span of the 5 limiting ecosystem function. Will affect the entire province Likely: The impact may occur. <65% probability. and natural features of the Project and can be reversed with sufficient Very serious widespread social or region. landscape. management. impacts. Irreparable damage to highly valued items. Serious loss and/or damage to physical or biological resources or moderately sensitive environments, Average to intense natural and / Municipal Area Long term: 6-15 years and impact can be Probable: Has occurred here or elsewhere and could therefore 4 limiting ecosystem function. or social benefits to some Will affect the whole reversed with management. occur. <50% probability. On-going serious social issues. elements of the baseline. municipal area. Significant damage to structures / items of cultural significance. Moderate loss and/or damage to biological or physical resources of Average, on-going positive low to moderately sensitive Local Unlikely: Has not happened yet but could happen once in the benefits, not widespread but felt Medium term: 1-5 years and impact can be 3 environments and, limiting Local extending only as far as lifetime of the Project, therefore there is a possibility that the by some elements of the reversed with minimal management. ecosystem function. the development site area. impact will occur. <25% probability. baseline. On-going social issues. Damage to items of cultural significance. Minor loss and/or effects to biological or physical resources or low sensitive environments, not Rare / improbable: Conceivable, but only in extreme Low positive impacts experience Limited affecting ecosystem functioning. Short term: Less than 1 year and is circumstances. The possibility of the impact materialising is very 2 by a small percentage of the Limited to the site and its Minor medium-term social impacts reversible. low because of design, historic experience or implementation of baseline. immediate surroundings. on local population. Mostly adequate mitigation measures. <10% probability. repairable. Cultural functions and processes not affected.
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Intensity Rating Negative Impacts Positive Impacts Extent Duration/Reversibility Probability (Nature = -1) (Nature = +1)
Minimal to no loss and/or effect to biological or physical resources, not Some low-level natural and / or Very limited / Isolated affecting ecosystem functioning. social benefits felt by a very Immediate: Less than 1 month and is Highly unlikely / None: Expected never to happen. <1% 1 Limited to specific isolated Minimal social impacts, low-level small percentage of the completely reversible without management. probability. parts of the site. repairable damage to commonplace baseline. structures.
Table 14-2: Probability/ Consequence Matrix
Significance 7 -147 -140 -133 -126 -119 -112 -105 -98 -91 -84 -77 -70 -63 -56 -49 -42 -35 -28 -21 21 28 35 42 49 56 63 70 77 84 91 98 105 112 119 126 133 140 147
6 -126 -120 -114 -108 -102 -96 -90 -84 -78 -72 -66 -60 -54 -48 -42 -36 -30 -24 -18 18 24 30 36 42 48 54 60 66 72 78 84 90 96 102 108 114 120 126
5 -105 -100 -95 -90 -85 -80 -75 -70 -65 -60 -55 -50 -45 -40 -35 -30 -25 -20 -15 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 4 -84 -80 -76 -72 -68 -64 -60 -56 -52 -48 -44 -40 -36 -32 -28 -24 -20 -16 -12 12 16 20 24 28 32 36 40 44 48 52 56 60 64 68 72 76 80 84
3 -63 -60 -57 -54 -51 -48 -45 -42 -39 -36 -33 -30 -27 -24 -21 -18 -15 -12 -9 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60 63 Probability 2 -42 -40 -38 -36 -34 -32 -30 -28 -26 -24 -22 -20 -18 -16 -14 -12 -10 -8 -6 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 1 -21 -20 -19 -18 -17 -16 -15 -14 -13 -12 -11 -10 -9 -8 -7 -6 -5 -4 -3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
-21 -20 -19 -18 -17 -16 -15 -14 -13 -12 -11 -10 -9 -8 -7 -6 -5 -4 -3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Consequence
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Table 14-3: Significance Rating Description
Score Description Rating
A very beneficial impact that may be sufficient by 109 to 147 itself to justify implementation of the Project. The Major (positive) (+) impact may result in permanent positive change
A beneficial impact which may help to justify the implementation of the Project. These impacts 73 to 108 would be considered by society as constituting a Moderate (positive) (+) major and usually a long-term positive change to the (natural and / or social) environment
A positive impact. These impacts will usually result 36 to 72 in positive medium to long-term effect on the Minor (positive) (+) natural and / or social environment
A small positive impact. The impact will result in 3 to 35 medium to short term effects on the natural and / or Negligible (positive) (+) social environment
An acceptable negative impact for which mitigation is desirable. The impact by itself is insufficient even in combination with other low impacts to prevent -3 to -35 Negligible (negative) (-) the development being approved. These impacts will result in negative medium to short term effects on the natural and / or social environment
A minor negative impact requires mitigation. The impact is insufficient by itself to prevent the implementation of the Project but which in -36 to -72 conjunction with other impacts may prevent its Minor (negative) (-) implementation. These impacts will usually result in negative medium to long-term effect on the natural and / or social environment
A moderate negative impact may prevent the implementation of the Project. These impacts -73 to -108 would be considered as constituting a major and Moderate (negative) (-) usually a long-term change to the (natural and / or social) environment and result in severe changes.
A major negative impact may be sufficient by itself to prevent implementation of the Project. The impact may result in permanent change. Very often -109 to -147 Major (negative) (-) these impacts are immitigable and usually result in very severe effects. The impacts are likely to be irreversible and/or irreplaceable.
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14.2 Noise Impact Assessment Methodology The impact consequence is determined by summing the scores of Magnitude (Table 14-4), Duration (
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Table 14-5) and Spatial Extent (Table 14-6). The impact significance is determined by multiplying the Consequence result with the Probability score ( Table 14-7). Table 14-4: Impact Assessment Criteria – Magnitude
This defines the impact as experienced by any receptor. In this report, the receptor is defined as any resident in the area but excludes faunal species.
Rating Description Score
Increase in average sound pressure levels between 0 and 3 dB from the expected ambient sound levels. Ambient sound levels are defined by the Low 2 lower of the measured LAIeq,8hr or LAIeq,16hr during measurement dates. Total projected noise level is less than the Zone Sound Level.
Increase in average sound pressure levels between 3 and 5 dB from the Low Medium expected ambient sound levels. 4 Total projected noise levels between 3 and 5 above the Zone Sound Level.
Increase in average sound pressure levels between 5 and 7 dB from the ambient sound levels. Medium 6 Increase in sound pressure levels between 5 and 7 above the Zone Sound. Sporadic complaints expected.
Increase in average sound pressure levels between 7 and 10 from the ambient sound level. High Total projected noise levels between 7 and 10 dBA above the Zone Sound 8 Level. Medium to widespread complaints expected.
Increase in average ambient sound pressure levels higher than 10 dBA. Total projected noise levels higher than 10 dB above the Zone Sound Level. Very High Change of 10 dBA is perceived as ‘twice as loud’, leading to widespread 10 complaints and even threats of community or group action. Any point where instantaneous noise levels exceed 65 dBA at any receptor.
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Table 14-5: Impact Assessment Criteria – Duration
The lifetime of the impact that is measured in relation to the lifetime of the proposed development (construction, operational and closure phases). Will the receptors be subjected to increased noise levels for the lifetime duration of the project, or only infrequently.
Rating Description Score
Impacts are predicted to be of short duration (less than a month) and Temporary 1 intermittent/occasional.
Short term Impacts that are predicted to last for up to 6 months. 2
Medium Impacts that are predicted to last between 6 months and a year. 3 term
Impacts that will continue for the life of the Project but ceases when the Long-term 4 Project stops operating.
Impacts that cause a permanent change in the affected receptor or resource Permanent 5 that endures/last substantially beyond the Project lifetime.
Table 14-6: Impact Assessment Criteria – Spatial extent
Classification of the physical and spatial scale of the impact
Rating Description Score
The impacted area extends only as far as the activity, such as footprint Site 1 occurring within the total site area.
Local The impact could affect the local area (within 1,000 m from site). 2
The impact could affect the area including the neighbouring farms, the Regional 3 transport routes and the adjoining towns (further than 1,000 m from site).
The impact could have an effect that expands throughout the country National 4 (South Africa).
Where the impact has international ramifications that extend beyond the International 5 boundaries of South Africa.
Table 14-7: Impact Assessment Criteria – Probability
This describes the likelihood of the impacts actually occurring, and whether it will impact on an identified receptor. The impact may occur for any length of time during the life cycle of the activity, and not at any given time. The classes are rated as follows:
Rating Description Score
The possibility of the impact occurring is none, due either to the Improbable circumstances, design or experience. The chance of this impact occurring 1 is zero (0%).
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This describes the likelihood of the impacts actually occurring, and whether it will impact on an identified receptor. The impact may occur for any length of time during the life cycle of the activity, and not at any given time. The classes are rated as follows:
Rating Description Score
The possibility of the impact occurring is very low, due either to the Possible circumstances, design or experience. The chances of this impact 2 occurring is defined to be up to 25%.
There is a possibility that the impact will occur to the extent that provisions Likely must, therefore, be made. The chances of this impact occurring are 3 defined to be between 25% and 50%.
It is most likely that the impacts will occur at some stage of the Highly Likely development. Plans must be drawn up before carrying out the activity. 4 The chances of this impact occurring are defined between 50% and 75%.
The impact will take place regardless of any prevention plans, and only mitigation actions or contingency plans to contain the effect can be relied Definite 5 on. The chance of this impact occurring is defined to be between 75% and 100%.
In order to assess each of these factors for each impact, the following ranking scales as contained in the following table apply (Table 14-8). Table 14-8: Impact Assessment Criteria – Ranking Scales
PROBABILITY MAGNITUDE
Description / Meaning Score Description / Meaning Score
Definite/do not know 5 Very high/do not know 10
Highly likely 4 High 8
Likely 3 Medium 6
Possible 2 Low Medium 4
Improbable 1 Low 2
DURATION SPATIAL SCALE
Description / Meaning Score Description / Meaning Score
International 5
Permanent 5 National 4
Long Term 4 Regional 3
Short term 2 Local 2
Temporary 1 Footprint 1
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Following the assignment of the necessary weights to the respective aspects, criteria are summed and multiplied by their assigned probabilities, resulting in a Significance Rating (SR) value for each impact (prior to the implementation of mitigation measures) (Table 14-9). Table 14-9: Impact Assessment Criteria – Significance
Impacts with little real effect and which should not have an influence SR<30 Low (L) on or require modification of the project design or alternative mitigation. No mitigation is required.
Where it could have an influence on the decision unless it is mitigated. Medium An impact or benefit which is sufficiently important to require 30 The impact is significant, mitigation is critical to reduce impact or risk. Resulting impact could influence the decision depending on the SR>60 High (H) possible mitigation. An impact which could influence the decision about whether or not to proceed with the project. 14.3 The Positive and Negative Impacts that the Proposed Activity (in terms of the initial site layout) and Alternatives will have on the Environment and the Community that may be Affected As this application is in support of a Regulation 31 Amendment Process, no consideration of alternatives is required as no Listed Activities have been triggered by the proposed Project. The proposed screening process is an additional step in the currently approved mining process and the area to be screened will not extend beyond the MRA. Sweet Sensation could construct a non-mobile plant for the screening of sand. The non-mobile plant would remain fixed and the sand would then be transported to the screener. This is not the preferred option as it would result in additional costs, dust and noise impacts as the soil will be double handled. The mobile screening machine is the preferred technology as it would not result in further disturbance to the environment (compared to the non-mobile screening plant). The mobile machine will also reduce the risks associated with additional traffic over the surface or a permanent footprint for a screening plant which will need to be rehabilitated at a later stage. Also, the screening process is the most effective means of removing the clay and pebbles from the sand. Please refer to Section 9.1 for more details. The Impact Assessment detailed in Section 12 describes all identified potential impacts associated with the planned Project activities. The proposed amendment will have minor to negligible negative impacts on the fauna, flora, noise, and air quality, including: ● Removal of all vegetation within the development footprint, permitting the loss of vegetation communities (including floral and faunal SCC), biodiversity and ecosystem services; DIGBY WELLS ENVIRONMENTAL 204 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 ● Deteriorating the air quality in the Project area; and ● Potential noise impacts. There are no positive environmental impacts associated with this amendment process. The proposed Project will increase the efficiency of the recovery of the mineral resource, in line with the objectives of the MPRDA. The Project will greatly assist in the economic growth and development challenges South Africa is facing by allowing the mining activities to continue. 14.4 The Possible Mitigation Measures that could be Applied and the Level of Risk The potential impacts and mitigation measures as proposed in Section 12 above are briefly presented below. Table 14-10: Proposed Mitigation Measures Potential Impact Mitigation Measures ● The footprint of the mine should be kept as small as possible with only necessary areas being cleared; ● Existing roads should be used with no new roads constructed, if new roads need to be constructed, these should be done outside of the demarcated sensitive floral and faunal habitats and as close as possible to the existing roads; ● Access should be restricted to already impacted areas such as haul roads; ● To minimise loss of faunal and floral SCC, posters and signage demarcating sensitive habitats must be incorporated during the ● Loss of fauna mine life cycle. Anti-poaching units should be activated and and Flora; and security patrols enlisted to prevent snaring; ● Disturbance to ● Areas where vegetation is removed should be revegetated as soon fauna and flora as the screening process has been completed and the sand due to dust removed; pollution. ● AIPs should be continuously monitored and controlled throughout the life of the project and thereafter. It is recommended that an AIP programme be established to control the spread; ● Refer to the noise mitigation measures listed in the EARES Noise Study 2020 (Appendix F) and avert the noise pollution from faunal SCC assemblages and sensitive areas identified in the Sensitivity Map; ● Dust suppression and mitigation measures listed in the Digby Wells Air Quality Study should be referred to. The application of water on unvegetated areas is advised to control the dust pollution, particularly during windy periods; DIGBY WELLS ENVIRONMENTAL 205 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Potential Impact Mitigation Measures ● The screening machine and vehicles utilised to transport material must be maintained in good working order to prevent smoke emissions; and ● Stockpiles should be situated away from nearby receptors and sensitive floral and faunal habitats and should consider the predominant wind direction. ● Application of dust suppressant on the haul roads and exposed areas; ● Conduct mining activities judiciously on windy days (wind speed higher than 5.4 m/s); ● Set maximum speed limits on haul roads and have these limits enforced; Deterioration of air ● The area in the mining schedule for each year should be opened quality up in phases and no unnecessary clearing, digging or scraping must occur, especially on windy days; ● The drop heights when tipping and loading should be minimised; ● Enclosure of the screening machine; and ● Ambient air quality monitoring to assess the effectiveness of the mitigation measures in place. ● Ensure that all equipment is well maintained and fitted with the correct and appropriate noise abatement measures. Engine bay covers over heavy equipment could be pre-fitted with sound absorbing material. Heavy covers that fully encloses the engine bay could be considered, ensuring that the seam gap between the hood and vehicle body is minimised; ● The mine should limit any activities before 06:00 and after 18:00. No mining activities must be permitted on Sundays; ● The operation should investigate the use of white-noise alarms instead of tonal reverse alarms on vehicles operating on roads, Noise within the mining area and at stockpile areas . The advantages of white noise alarms above tonal alarms are: ● It is as safe as a tonal alarm; ● Highly audible close to the alarm (or reversing truck); ● It generates a more uniform sound field behind a reversing vehicle; ● Greater directional information, workers can locate the source faster; ● Significantly less environmental noise and it creates significantly less annoyance far away; DIGBY WELLS ENVIRONMENTAL 206 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Potential Impact Mitigation Measures ● When properly installed, white noise alarms of a similar sound power emission level are more likely to comply with the ISO 9533 standard; and ● The mine should implement noise monitoring programme to accurately define the noise levels from the mining operation as well as the proposed screen. This information could be used to estimate potential noise levels at the surrounding environment, as well as to identify appropriate mitigation measures. 14.5 Motivation where no Alternative Sites were Considered The selection of the preferred site is predominantly determined by the Mining Right ownership that has been awarded to Sweet Sensation and the known presence of the sand resource in the area. For this reason, no site alternatives have been considered. The proposed Amendment falls within the approved MRA. The proposed screening process is an additional step in the currently approved mining process and the area to be screened will not extend beyond the MRA and therefore no specific alternatives were considered. Also, the screening process is the most effective means of removing the clay and pebbles from the sand and maximising the resource recovery on the site. 14.6 Statement Motivating the Alternative Development Location within the Overall Site The proposed Amendment is for the inclusion of a screening process and therefore, the MRA has already been approved and will not change. Item 3(m): Full Description of the Process Undertaken to Identify, Assess and Rank the Impacts and Risks the Activity will Impose on the Preferred Site (In respect of the final site layout plan) Through the Life of the Activity The identification of potential impacts associated with the proposed amendment Project were informed by the environmental and technical specialist investigations undertaken. Following the identification of potential impacts and detailed baseline environment, the impacts were assessed utilising the Digby Wells methodology for the air quality and fauna and flora studies, whereas the noise impacts were assessed using Enviro Acoustic Research cc’s methodology. Following the assessment of the potential impacts, mitigation measures are provided, and the potential impacts are assessed post-mitigation. The significance of the pre- mitigation impacts, the proposed mitigation measures and the post-mitigation significance ratings are detailed per environmental aspect per phase of the Project in Section 12. The impacts associated with the proposed activities are presented in Table 16-1 DIGBY WELLS ENVIRONMENTAL 207 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 3(n): Assessment of each Identified Potentially Significant Impact and Risk Table 16-1 presents the potential impacts assessed per project activity and per phase as well as their proposed mitigation / enhancement measures for the proposed new activities subject to the Regulation 31 Amendment. Table 16-1: Assessment of each Identified New Impact as per each New Activity Rating (Pre- Rating (Post Phase Activity Aspect Impacts Mitigation Measures Mitigation) Mitigation) ● The footprint of the mine should be kept as small as possible with only necessary areas being cleared; ● Existing roads should be used with no new roads constructed, if new roads need to be constructed, these should be done outside of the demarcated sensitive floral and faunal habitats and as close as possible to the existing roads; ● Access should be restricted to already impacted areas such as haul roads; ● To minimise loss of faunal and floral SCC, posters Screening of and signage demarcating sensitive habitats must sand, moving of Disturbance to fauna and flora be incorporated during the mine life cycle. Anti- sand to Fauna Negligible Operational due to noise and screening Minor (negative) poaching units should be activated and security stockpiling areas and Flora (negative) machinery use. patrols enlisted to prevent snaring; and transporting of sand off-site. ● Areas where vegetation is removed should be revegetated as soon as the screening process has been completed and the sand removed; ● AIPs should be continuously monitored and controlled throughout the life of the project and thereafter. It is recommended that AIP programme be established to control the spread; and ● Refer to the noise mitigation measures listed in the EARES Noise Study 2020 and avert the noise pollution from faunal SCC assemblages and sensitive areas identified in the Sensitivity Map. DIGBY WELLS ENVIRONMENTAL 208 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Rating (Pre- Rating (Post Phase Activity Aspect Impacts Mitigation Measures Mitigation) Mitigation) ● Dust suppression and mitigation measures listed in the Digby Wells Air Quality Study should be referred to. The application of water on unvegetated areas is advised to control the dust pollution, particularly during windy periods; ● Existing roads should be used, if new roads need to be constructed, these should be done outside of the identified sensitive areas and as close as possible to the existing roads (please refer to Sensitivity Map); ● Access should be restricted to already impacted areas such as existing haul roads; ● Areas where vegetation is removed should be revegetated as soon as the screening process has Disturbance to fauna and flora Negligible Operational Minor (negative) been completed and the sand removed; due to dust pollution. (negative) ● AIPs should be continuously monitored and controlled throughout the life of the project and thereafter. It is recommended that AIP programme be established to control the spread; ● The screening machine and vehicles utilised to transport material must be maintained in good working order to prevent smoke emissions; ● Stockpiles should be situated away from nearby receptors and sensitive floral and faunal habitats and should consider the predominant wind direction; and ● These mitigation measures must be read in conjunction with the Digby Wells Air Quality Report 2020. DIGBY WELLS ENVIRONMENTAL 209 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Rating (Pre- Rating (Post Phase Activity Aspect Impacts Mitigation Measures Mitigation) Mitigation) ● The footprint of the mine should be kept as small as possible with only necessary areas being cleared for stockpiling; ● Disturbances to the ● Areas where vegetation is removed or where habitat, and increased habitat is disturbed should be rehabilitated or dust pollution, and AIP revegetated as soon as stockpiles are removed; proliferation; and ● Dust suppression and mitigation measures listed in Stockpiling of the Negligible Operational ● Increased vehicle Minor (negative) the Digby Wells Air Quality Study should be referred screened sand (negative) movement in the area, to. The application of water on unvegetated areas increasing soil is advised to control the dust pollution, particularly compaction, erosion and during windy periods; and runoff potential. ● Alien invasive plants should be continuously monitored and controlled throughout the life of the project and thereafter. It is recommended that AIP programme be established to control the spread. ● Application of dust suppressant on the haul roads and exposed areas; ● Conduct mining activities judiciously on non-windy days (wind speed less than 5.4 m/s); ● Set maximum speed limits on haul roads and have these limits enforced; Tipping, ● The area in the mining schedule for each year Screening, Air ● Dust generation and poor Negligible Negligible Operational should be opened up in phases and no Stockpiling, and Quality ambient air quality. (negative) (negative) unnecessary clearing, digging or scraping must Material handling. occur, especially on windy days; ● The drop heights when tipping and loading should be minimised; ● Enclosure of the screening machine; and ● Ambient air quality monitoring to assess the effectiveness of the mitigation measures in place. DIGBY WELLS ENVIRONMENTAL 210 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Rating (Pre- Rating (Post Phase Activity Aspect Impacts Mitigation Measures Mitigation) Mitigation) ● Ensure that all equipment is well maintained and fitted with the correct and appropriate noise abatement measures. Engine bay covers over heavy equipment could be pre-fitted with sound absorbing material. Heavy covers that fully encloses the engine bay could be considered, ensuring that the seam gap between the hood and vehicle body is minimised; ● The mine should limit any activities before 06:00 and after 18:00. No mining activities must be permitted on Sundays; ● The operation should investigate the use of white- noise alarms instead of tonal reverse alarms on vehicles operating on roads, within the mining area and at stockpile areas. The advantages of white Use of the noise alarms above tonal alarms are: Operational screening Noise ● Noise nuisance. Low (negative) Low (negative) ● It is as safe as a tonal alarm; machine ● Highly audible close to the alarm (or reversing truck); ● It generates a more uniform sound field behind a reversing vehicle; ● Greater directional information, workers can locate the source faster; ● Significantly less environmental noise and it creates significantly less annoyance far away; ● When properly installed, white noise alarms of a similar sound power emission level are more likely to comply with the ISO 9533 standard; and ● The mine should implement noise monitoring programme to accurately define the noise levels from the mining operation as well as the proposed DIGBY WELLS ENVIRONMENTAL 211 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Rating (Pre- Rating (Post Phase Activity Aspect Impacts Mitigation Measures Mitigation) Mitigation) screen. This information could be used to estimate potential noise levels at the surrounding environment, as well as to identify appropriate mitigation measures. ● Application of dust suppression measures on exposed areas prior to vegetation establishment; ● Conducting rehabilitation activities judiciously by avoiding windy days (days with wind speed greater than 5.4 m/s); Decommissionin Rehabilitation of Air Negligible ● Poor ambient air quality. Major (negative) ● Set maximum speed limits on onsite and have these g the MRA. Quality (negative) limits enforced; ● The area of disturbance must be kept to a minimum at all times, especially on windy days; and ● The drop heights when loading or tipping should be minimised. Item 3(o): Summary of Specialist Reports Numerous specialist impact assessments were undertaken for the proposed Amendment Project. Separate specialist reports were compiled and have been attached as appendices to this report (refer to Table 11-1 above). The specialist input included the baseline environment, potential impacts and the recommended mitigation measures. Table 17-1 provides a summary of the key recommendations of the studies. DIGBY WELLS ENVIRONMENTAL 212 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Table 17-1: Specialist Studies Undertaken for the Sweet Sensation Project Reference to applicable section Specialist Recommendations List of studies of report where specialist Recommendations of specialist reports that have been included in the undertaken recommendations have been EIA report included ● The floral SCC must be located and flagged. Permits may be required for the removal of the flora SCC identified. Thus, the Sensitivity Map included in this report should be used as reference in order to identify and/or avoid the highly sensitive areas; ● Recommended mitigation measures must be considered. The implementation of strict mitigation Fauna and Flora measures is of considerable importance, specifically from a biodiversity (fauna and flora) X - detailed mitigation measures Appendix D Assessment perspective; and are included in Part B. ● It is recommended that in high windy conditions, appropriate dust suppression measures must be used (please see dust mitigation recommendations in the Digby Wells Air Quality Study 2020). Stockpiles should be situated away from sensitive habitats and nearby receptors and should consider the predominant wind direction. ● Review the dustfall monitoring network by adding more sites, preferably, residential receptors; ● Apply dust suppression measures on exposed areas and haul roads; ● Conduct activities judiciously and limit operation to non-windy days (with wind speed ≤ 5.4 m/s); ● Keep the area of disturbance to a minimum and mine the areas designated in the annual schedule, in phases. Avoid any unnecessary clearing, digging, or scraping, especially on windy days (≥5.4 m/s); ● Minimise the drop heights when loading onto trucks and at tipping points; X - detailed mitigation measures Air Quality Appendix E ● Set maximum speed limits and have these limits enforced onsite; are included in Part B. ● Store hazardous substances in clearly labelled containers; ● Emergencies must be dealt with promptly (i.e. spills); ● Set up a real-time continuous air quality monitoring station to measure criteria particulate; and ● Monitor the air quality management measures and information to ensure that adopted mitigation measures are sufficient and efficient to achieve current air quality standards at the MRA boundary and the closest receptors; ● Ensure that all equipment is well maintained and fitted with the correct and appropriate noise abatement measures. Engine bay covers over heavy equipment could be pre-fitted with sound X - detailed mitigation measures Noise Appendix F absorbing material. Heavy covers that fully encloses the engine bay could be considered, are included in Part B. ensuring that the seam gap between the hood and vehicle body is minimised; DIGBY WELLS ENVIRONMENTAL 213 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Reference to applicable section Specialist Recommendations List of studies of report where specialist Recommendations of specialist reports that have been included in the undertaken recommendations have been EIA report included ● The mine should limit any activities before 06:00 and after 18:00. No mining activities must be permitted on Sundays; ● The operation should investigate the use of white-noise alarms instead of tonal reverse alarms on vehicles operating on roads, within the mining area and at stockpile areas; and ● The mine should implement noise monitoring programme to accurately define the noise levels from the mining operation as well as the proposed screen. This information could be used to estimate potential noise levels at the surrounding environment, as well as to identify appropriate mitigation measures. ● Once the project-related activities begin the monitoring programme for palaeontology must be implemented (Appendix G); ● As described in Section 11.9 above, the regional cultural landscape includes archaeological resources which may be encountered during Project activities. Should these heritage resources be encountered, all Sweet Sensation staff and contractors must implement the following steps: ● All activities within the immediate vicinity must be halted and the archaeological heritage resource must be avoided; ● The staff member or contractor who identified the Chance Find must inform the appropriate Responsible Person; ● The Responsible Person, together with the person who identified the find, must record the details of the encounter. Such details include, but are not limited to, the time and date of the X - detailed mitigation measures Heritage Appendix G encounter, the context of the find and photographs indicating the scale of the find; and are included in Part B. ● The Responsible Person must contact a suitably qualified archaeologist to notify them of the find. The archaeologist will be able to advise Sweet Sensation on the significance of the find and the way forward. The way forward may require a site inspection and/or notification of the relevant Heritage Resource Authorities (HRAs); ● The identified mudbrick structure may have unidentified graves present in proximity to the structure. Sweet Sensation may also encounter previously unidentified burial grounds or individual graves elsewhere in the MRA during Project-related activities. Should these heritage resources be encountered, all Sweet Sensation staff and contractors must implement all the steps stated above and the following: ● Sweet Sensation must notify the South African Police Services (SAPS) of the find; and DIGBY WELLS ENVIRONMENTAL 214 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Reference to applicable section Specialist Recommendations List of studies of report where specialist Recommendations of specialist reports that have been included in the undertaken recommendations have been EIA report included ● The Responsible Person must notify the Burial Grounds and Graves (BGG) Unit of the South African Heritage Resources Agency (SAHRA). ● Where necessary, Sweet Sensation must appoint a suitably qualified archaeologist, heritage specialist and/or palaeontologist to assist with recommendations for the mitigation of accidental discoveries or the exposure of chance finds. ● The maintenance strategy with a single seal is proposed, as it results in the most vehicle X - detailed mitigation measures Traffic Appendix H operating costs savings and least vehicle emissions. are included in Part B. The following actions are recommended to promote improved rehabilitation of the Project area (Table 17-2) (see Appendix I). Table 17-2: Summary of Rehabilitation Recommendations Finding Possible Impacts If Not Rectified Recommendation • Shape according to the pre-mining condition and in a way that emulates the natural topography. i.e. gently draining • Erosion formation; and towards the Vaal River; and Poor/insufficient shaping • Difficulty in establishing vegetation. • This should be undertaken as concurrent rehabilitation to reduce dust pollution, increase the success of the rehabilitation and to ensure that any vegetation establishment is not disturbed. • Re-vegetate and maintain a healthy plant cover; • Ensure contour ripping takes place; • Loss of the topsoil resource; and Erosion • Control and maintain areas that receive high runoff, such as from roads and stormwater; • Sedimentation of downstream. • Contour ploughing and landscape the area to low slopes; and • Runoff must be controlled and managed using proper stormwater management measures. • Seeding with suggested species mix; • The area must be fenced, and animals should be kept off the area until the vegetation is self-sustaining; • Dust pollution; and Low basal cover • Mulching, which will increase soil fertility and land capability; and • Erosion. • Reduce the high infiltration rate of the soils by using Hydroseeding with a mulch to ensure that moisture is retained, and the seeds are not washed away. DIGBY WELLS ENVIRONMENTAL 215 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Finding Possible Impacts If Not Rectified Recommendation • The proliferation of AIPs; • Reduced soil fertility; AIP species • Reduced land use and land capability; and • Remove and destroy AIP species continually. • Reduced groundwater (species with high water use such as Eucalypts). • Poor vegetation growth; • Reduced soil fertility; • Apply fertilizers and recommendations as indicated in the Audit report; Low fertility • Reduced land capability; and • Revegetate the area as soon as possible to prevent bare soil and loss of organic material; and • Loss of soil decreased soil depth and • Increase organic material by revegetation, cattle grazing, mulching and hydroseeding. erosion. • Before re-vegetation, soils should be ripped to at least 0.3 m to increase soil rooting depth; • Change in soil characteristics and Compaction • Restriction of vehicle movement over sensitive areas to reduce compaction; and restriction of rooting depth. • Restriction of vehicle movement on newly rehabilitated areas. • Polluted soil must be classified according to the minimum requirements for the handling, classification, and disposal of hazardous material, and disposed at an appropriate, permitted, or licensed disposal facility; • All vehicles and machines must be parked within hard park areas, and must be checked daily for fluid leaks; • Re-fueling must take place on a sealed surface area away from soils to prevent seepage of hydrocarbons into the • Soil pollution; soil; To prevent possible soil • Water resource pollution; and • Place drip trays where vehicles or machinery leaks are occurring; contamination • Restricted plant growth. • Fuel, grease, and oil spills should be remediated using commercially available emergency clean up kits; • Any contractors on site must ensure that all employees are aware of the procedure for dealing with spills, and leaks, and undergo training on-site; and • Soil pollution monitoring should be conducted at selected locations on the project site to detect any extreme levels of pollutants. DIGBY WELLS ENVIRONMENTAL 216 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 3(p): Environmental Impact Statement 18.1 Item 3(p)(i): Summary of the Key Findings of the Environmental Impact Assessment The Environmental Impact Statement is utilised to summarise all the potential environmental impacts identified during each phase of the proposed amendment Project. The significance of the impacts associated with the relevant project phases, pre-mitigation and post-mitigation, is summarised in Table 16-1, above. Fauna and Flora Assessment Floral SCC identified within the development footprint consisted of Boophone disticha and Hypoxix hemeracallidae. Faunal SCC located within the Project area consisted of African Clawless Otter and Chestnut-banded Plover. The potential impacts due to the mining activities on the fauna and flora is low to moderate if mismanaged. The fauna and flora impacts associated with the proposed development include: ● Removal of all vegetation within the development footprint, permits the loss of vegetation communities (including floral and faunal SCC), biodiversity and ecosystem services; ● Habitat fragmentation and edge effects; ● Dust and noise pollution; ● Contamination and erosion of the soils and surrounding grounds; and ● AIP proliferation. Habitat loss and loss of SCC are the primal impacts on the fauna and flora within the Project area. Air Quality Assessment The main findings of the study (without mitigation measures) can be summarised as follows: ● The predicted PM2.5 Ground Level Concentrations (GLC) over a 24-hr averaging period shows the areas where exceedances of the South African standard of 40 µg/m3 are likely to occur. These areas are confined within the MRA. The predicted GLC at the monitoring locations East Boundary, North Boundary, South Boundary, and West 3 Boundary were below the standard of 40 µg/m . For PM2.5 annual GLC, the areas where exceedance of the standard are likely to occur are within the MRA; ● The predicted PM10 GLC over a 24-hr averaging period has confirmed that exceedances of the South African standard of 75 µg/m³ will occur and will be more within the MRA. The predicted GLC at the monitoring locations were compliant with DIGBY WELLS ENVIRONMENTAL 217 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 the standard, except at NB, with a concentration of 80 µg/m³ predicted. The predicted annual GLC at the East Boundary, North Boundary, South Boundary, and West Boundary were compliant with the South African standard; and ● The simulated dustfall rates confirmed that the areas where the non-residential limit of 1 200 mg/m2/d will be exceeded are mostly confined within the MRA and adjacent areas in the southwest, south, and southeast directions without mitigation measures in place. The dustfall rates predicted, show that exceedances will be recorded at SB only (1 472 mg/m2/d) without mitigation. However, with mitigation measures in place, the predicted dustfall rates were compliant with the non-residential limit at all sites. Based on the impact assessment, the addition of the screening process is predicted to have negligible negative impacts on the ambient air quality, and the existing status quo. Noise Assessment The proposed amendment and its associated activities will slightly raise the noise levels at the closest potential noise-sensitive receptors. The addition of the screening process would raise the noise levels between 3 to 5 dBA, less than the average ambient sound level (as measured at three measurement locations). The overall calculated severity of the noise impact during the operational phase is minor (low) negative. The noise from the activity (with the addition of the proposed screening machine) can be managed to acceptable levels. 18.2 Item 3(p)(ii): Final Site Map The infrastructure layout plan on which this impact assessment is based is provided in Figure 5-1 above and appended as Appendix B, Plan 4. 18.3 Item 3(p)(iii): Summary of the Positive and Negative Implications and Risks of the Proposed Activity and Identified Alternatives Please refer to Section 14.2 for a list of negative implications associated with the proposed amendments at the Sweet Sensation Mine. There are no positive environmental impacts associated with this amendment process. Item 3(q): Proposed Impact Management Objectives and the Impact Management Outcomes for Inclusion in the EMPR The EMPr seeks to achieve a required end state and describes how activities that have, or could have, an adverse impact on the environment and surrounding communities will be mitigated, controlled and monitored. The EMPr will address the environmental impacts and possible unplanned events during the Operational and Decommissioning Phases of the Project. Due regard must be given to environmental protection during the entire Project and thus, a number of environmental DIGBY WELLS ENVIRONMENTAL 218 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 recommendations are made to achieve environmental protection. These recommendations are aimed at ensuring that the Applicant and contractors maintain adequate control over the Project to: ● Minimise the extent of an impact during the life of the proposed Project; ● Ensure appropriate restoration of areas affected by the proposed Project; and ● Prevent long term environmental degradation. Item 3(r): Final Proposed Alternatives The final proposed alternative to include the screening process into Sweet Sensations mining process is based on the ability to optimise extraction of the resource to allow the Applicant to sell the mined mineral on the property. The use of the screening machine will not disturb any additional areas. No additional areas will be impacted by the inclusion of the screening process. The impact management measures assessed by the specialists pertain to this preferred site and the associated environmental impacts can be mitigated to an acceptable standard. Item 3(s): Aspects for Inclusion as Conditions of Authorisation Sweet Sensation will continue to adhere to the conditions set out in their approved authorisations (EMPr, 2016). Further to these conditions, it is requested that the following conditions be included: ● The mitigation/enhancement measures contained in the attached specialist reports and EMPr must be adhered to; ● Restrict activities to daylight hours (06:00 – 18:00) and not on Sundays; and ● Monitoring must be undertaken as described in the monitoring programme provided in Part B Section 8; and The studies and impact assessment have been based on the proposed mine layout and mine works programme. Should there be any changes to the proposed Project description, the adequacy and accuracy of the work may be affected, and additional work may be required to address the limitations. Item 3(t): Description of any Assumptions, Uncertainties & Gaps in Knowledge The assumptions, uncertainties and gaps in knowledge identified by the Specialists are listed below, per specialist field. DIGBY WELLS ENVIRONMENTAL 219 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Fauna and Flora The assumptions, uncertainties and gaps in knowledge are: ● Whilst every effort is made to cover as much of the site as possible, representative sampling was completed as per the nature of this type of investigation. The major limitation associated with the sampling approach is the narrow temporal window of sampling. Ideally, a site should be visited several times during the different seasons to ensure a comprehensive fauna and flora species list. However, due to time and cost restraints, this is not always possible. It is therefore possible that some plant and animal species that are present on site were not recorded during the field investigations. In order to overcome this limitation, the list of species observed during the site visit is supplemented with species of conservation concern that are known to occur in the area; and ● This report lists the findings of an on-site baseline evaluation within the area and is in support of the Regulation 31 Amendment Process. Potential impacts of the proposed screening operations were evaluated based on the layout provided at the time of writing the report, and where necessary, recommendations for the most appropriate mitigation measures have been proposed. Air Quality The assumptions, uncertainties and gaps in knowledge are: ● The mining operation is limited to daytime only; and ● Since mining activities were selected to demonstrate the worst-case scenario, the predicted concentrations may have resulted in an overestimation, thus the uncertainty associated with dispersion models. Noise The assumptions, uncertainties and gaps in knowledge are: ● It is impossible to quantify and identify the numerous sources that influenced a measurement using the reading result at the end of the measurement. Therefore, trying to define ambient sound levels using the result of one 10-minute measurement can be inaccurate (very low confidence level in the results) for the reasons mentioned above; ● It is assumed that the measurement locations represent other residential dwellings in the area (similar environment), yet, in practice, this can be highly erroneous as there are numerous factors that can impact on ambient sound levels; ● Many environmental models are not highly suited for close proximity calculations; ● Acoustical characteristics of the ground are over-simplified, with ground conditions accepted as uniform. Ground conditions will not be considered in this assessment; ● Noise experienced at a certain location is the cumulative result of innumerable sounds emitted and generated both far and close, each in a different time domain, each having DIGBY WELLS ENVIRONMENTAL 220 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 a different spectral character at a different sound level. Each of these sounds is also impacted differently by surrounding vegetation, structures and meteorological conditions that result in a total cumulative noise level represented by a few numbers on a sound level meter; ● Modelling cannot capture the potential impulsive character of a noise that can increase the potential nuisance factor; and ● The model assume that all equipment operates at surface level, although the developer indicated that mining may take place as deep as 10 m. Active mining and screening activities below the ground level will significantly reduce the noise levels from these activities (located below ground surface) due to the highwall acting as a noise protection berm. Rehabilitation – Soils The assumptions, uncertainties and gaps in knowledge are: ● Land suited for crop production was assumed to also be suitable for other, less intensive uses such as pasture, natural grazing, forestry and wildlife; ● Soils are contiguous hence differentiation is not abrupt, and the transition zone cannot be completely captured during any given soil survey; ● The soils within the capability classes are similar only with respect to the degree of limitations in soil use for agricultural purposes or with respect to the impact on the soils when they are in used; and ● Soil classification and identification was limited due to historical mining activities; ● 1m x 1m Quadrats were utilised as the sampling method to assess the vegetation on site; and ● A small sample of the area that has not been mined was utilised as an example of what the mined area would have looked like previously. Closure and Cost Assessment The assumptions, uncertainties and gaps in knowledge are: ● No site visit was conducted by the closure cost specialist as part of the review; ● No due diligence was carried out by Digby Wells to determine the legal obligations associated with the Sweet Sensation’s liability; ● The closure cost review was based on the DMRE Guideline together with Regulation 54(1) of the MPRDA; ● The site has been rated as Risk Class C and medium environmental sensitivity by Dorean; DIGBY WELLS ENVIRONMENTAL 221 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 ● Digby Wells assumes the general layout map in the report provided by Dorean is correct; ● Specialist environmental impact reports associated with the site were not reviewed and did not form part of the Scope of Work; and ● Digby Wells only conducted spot checks in terms of the alignment of infrastructure and disturbed mining areas included in the quantum and what is currently on site. Item 3(u): Reasoned Opinion as to Whether the Proposed Activity should or should not be Authorised It is the opinion of the EAP that the proposed Project should be approved and the reasons for this opinion are discussed below. 23.1 Item 3(u)(i): Reasons why the Activity should be Authorised or Not The findings of the impact assessment have shown that the proposed Amendment and its associated activities may result in minor to negligible negative environmental impacts. In terms of fauna and flora, SCC were identified within the Project area. It is recommended that concurrent rehabilitation, management and mitigation measures are correctly implemented to minimise all potential impacts on the fauna and flora of the site. The Sensitivity Map should be used as a guide in the application of the recommended mitigation measures to ensure a positive outcome for the biodiversity. The AQIA has also highlighted that the proposed activities will result in negligible negative impacts on the surroundings without mitigation. To curtail emissions from mining operations from impacting receptors outside the MRA, mitigation measures are crucial. The addition of a screening process will slightly raise the noise levels and based on the rating system used by Enviro Acoustic Research cc, impacts on the surroundings are deemed low. The Traffic Study has also indicated that the proposed Amendment is expected to have a negligible impact on the Project road (SS171). Based on the assessment of the impacts associated with the addition of a screening machine, it is concluded that the proposed Amendment Project should be authorised, provided that the mitigation measures proposed herein are applied diligently. 23.2 Item 3(u)(ii): Conditions that must be Included in the Authorisation Conditions stipulated in the existing approved Sweet Sensation Project EMPr, 2016 remain valid and should be adhered to. In addition, further mitigation measures have been suggested in this Regulation 31 Amendment application, especially pertaining to the proposed inclusion of the screening process into the mining method and these should also be adhered to throughout the life of the Project. DIGBY WELLS ENVIRONMENTAL 222 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Specific Conditions to be Included into the Compilation and Approval of EMPR The following specific conditions are proposed: ● The mitigation measures contained in the attached specialist reports and EMPr must be adhered to; ● Restrict activities to daylight hours (06:00 – 18:00) and not on Sundays; and ● Monitoring must be undertaken as described in the monitoring programme provided in Part B Section 8. Rehabilitation Requirements No rehabilitation plan was undertaken as part of this amendment process. The recommendations included in the Rehabilitation Audit Report (Appendix I) are presented in Table 17-2. Item 3(v): Period for which the Environmental Authorisation is Required The Mining Right will expire on 30 March 2026. The consolidated Environmental Authorisation should be aligned to this Mining Right expiry date. Item 3(w): Undertaking The undertaking required to meet the requirements of this section is provided at the end of the EMPr in Part B, Section 12. Item 3(x): Financial Provision Digby Wells conducted an independent technical peer review of the mine’s CCA done by Dorean for Sweet Sensation in 2020 (Appendix J). The review was done in accordance with the requirements of the MPRDA. The CCA done by Dorean is based on the DMRE guidelines set out in the 2005 “Guideline Document for the Evaluation of the Quantum of Closure-Related Financial Provision Provided by a Mine”. The financial provision included in the review is presented in Table 26-1 below. DIGBY WELLS ENVIRONMENTAL 223 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Table 26-1: DMR Master Rates Table for Financial Provision 2014 to 2024 DIGBY WELLS ENVIRONMENTAL 224 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 3(y): Deviations from the Approved Scoping Report and Plan of Study Not applicable to the Regulation 31 Amendment Process. 27.1 Item 3(y)(i): Deviations from the Methodology used in Determining the Significance of Potential Environmental Impacts and Risks The standard Digby Wells impact and risk assessment methodologies were used to determine air quality and flora and fauna impacts. The noise study was undertaken by Enviro Acoustic Research cc and a different impact assessment methodology was used to determine the significance of potential noise impacts. 27.2 Item 3(y)(ii): Motivation for the Deviation Not applicable. Item 3(z): Specific Information Required by the Competent Authority Compliance with the provisions of sections 24(4)(a) and (b) read with section 24 (3) (a) and (7) of the National Environmental Management Act (Act 107 of 1998). The report must include the: - 28.1 Item 3(z)(i): Impact on the Socio-economic Conditions of any Directly Affected Person The proposed new activity is not expected to have any additional direct socio-economic impacts. The jobs generated by the Mine (directly or indirectly) will be retained by the approval of this amendment. The properties to which this Regulation 31 Amendment application pertains are currently used for mining. The owner of this property is Sakha Indlu Development and Construction Pty (Ltd) and therefore, no person is directly affected by this Project proceeding. 28.2 Item 3(z)(ii): Impact on any National Estate Referred to in Section 3(2) of the National Heritage Resources Act Sweet Sensation appointed G&A Heritage to complete a Heritage Impact Assessment (HIA) as part of the EIA process in 2016 in support of the original EA applications. G&A Heritage submitted the HIA report to the Heritage Resources Authorities (HRAs), including the SAHRA who subsequently approved the report. Given the scope of the Project and the recent submission of the HIA report, SAHRA has approved the current HIA for this application. SAHRA do, however, require the conditions attached to the approval be implemented. DIGBY WELLS ENVIRONMENTAL 225 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Therefore, a Heritage Site Management Plan and Chance Finds Procedure as requested by the SAHRA was compiled to provide a procedure to be undertaken in the event that heritage resources are identified during the sand mining process as well as list the heritage resources currently onsite. The Heritage Site Management Plan and Chance Finds Procedure is appended to this report as Appendix G. Other Matters Required in Terms of Sections 24(4)(a) and (b) of the Act Not Applicable. DIGBY WELLS ENVIRONMENTAL 226 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Part B: Environmental Management Programme Report DIGBY WELLS ENVIRONMENTAL 227 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(a): Details of the EAP Digby Wells and Associates South Africa (Pty) Ltd (Digby Wells) has been appointed as the independent Environmental Assessment Practitioner (EAP) to undertake the Regulation 31 Amendment Process. The details of the EAP are provided in Table 1-1 below. Table 1-1: Contact Details of the EAP Name of EAP: Claire Wannenburgh Professional EAPASA Registration No. 2019/1013 affiliation/registration: Contact person: Claire Wannenburgh (if different from EAP) Company: Digby Wells Environmental Turnberry Office Park, Digby Wells House Physical address: 48 Grosvenor Road, Bryanston, Johannesburg, 2191 Postal address: Private Bag X10046, Randburg, South Africa Postal code: 2125 Cell phone: 082 852 8482 Telephone: 011 789 9498 Fax: 011 789 9495 Email: [email protected] Item 1(b): Description of the Aspects of the Activity The Project involves the inclusion of a screening process into Sweet Sensation’s mining operation process. The motivation for this Project is to allow Sweet Sensation to optimise extraction of the resource and decontaminate (remove clay and pebbles) and trade with the screened sand. Activities and infrastructure associated with sand mining on the property have been authorised under previous applications and therefore no Listed Activities have been triggered. This EMPr has been compiled as a tool which will be utilised to manage and mitigate as far as possible against any potential adverse environmental impacts associated with the inclusion of the screening process into the mining process. Item 1(c): Composite Map Figure 3-1 below shows the composite plan for the proposed Amendment Project area. The map is also attached to this report as Appendix B, Plan 9. DIGBY WELLS ENVIRONMENTAL 228 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Figure 3-1: Composite Map DIGBY WELLS ENVIRONMENTAL 229 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(d): Description of Impact Management Objectives Including Management Statements 4.1 Item 1(d)(i): Determination of Closure Objectives Mine closure and rehabilitation are a continuous series of activities that begins with planning prior to the project’s design and construction and ends with the achievement of long-term site stability and the establishment of a self-sustaining ecosystem. Not only will the implementation of this concept result in a more satisfactory environmental conclusion, but it will also reduce the financial burden of mine closure and rehabilitation. The following points outline the main objectives for mine rehabilitation and restoration: ● Make all areas safe for both humans and animals; ● Make all areas stable and sustainable; ● Utilise approved sites for the safe disposal of all waste off site; ● Follow a process of closure that is progressive and integrated into the short and long term mine plans, and that will assess the closure impacts proactively at regular intervals throughout the project life; ● Minimise negative impacts and maximise positive benefits on the local community; ● Maintain and monitor all rehabilitated areas following re-vegetation and, if this monitoring shows that the objectives have been met, make an application for closure; ● Prevent soil and surface/groundwater contamination by managing all water on site to acceptable and agreed standards; ● Comply with local, district and national regulatory requirements; ● Promote active partnerships with local communities, where possible; ● Monitoring of key environmental variables (i.e. soils, erosion, vegetation, groundwater, surface water and air quality) to demonstrate stability of rehabilitated areas, this will be done for five years after closure or up until such a time all areas create a sustainable cover and ecosystem; ● Maintain or restore biodiversity at levels that are sustainable in the long term; and ● Follow a comprehensive consultation and communication process with all stakeholders. 4.2 Item 1(d)(vii): Volumes and Rate of Water Use Required for the Operation The volumes and rate of water use currently used at the Sweet Sensation Mine remains the same. The proposed amendment Project does not require additional water use. DIGBY WELLS ENVIRONMENTAL 230 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 4.3 Item 1(d)(viii): Has a Water Use Licence has been Applied for Sweet Sensation does not have a water use licence for the current mining operation process. No WUL is required as no water uses are triggered in terms of Section 21 of the NWA by the proposed Amendment Project. DIGBY WELLS ENVIRONMENTAL 231 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(d)(ix): Impacts to be Mitigated in their Respective Phases The proposed mitigation measures and its compliance with the relevant standards are presented in Table 5-1. Table 5-1: Impacts to be Mitigated in their Respective Phases Compliance with Time frame for Phase Activity Aspect Impacts Mitigation Measures standards implementation Tipping of sand into the Fauna and ● Please refer to mitigation measures listed in the Digby Wells Air Quality Operational Dust pollution screening machine. Flora Study 2020 to minimise potential negative impacts from dust pollution. ● Noise generation and dust pollution; ● Removal of vegetation, basal cover, and thus increasing the potential of loss of topsoil, ● Dust is inevitable due to the screening processes and mitigation organic material, and measures listed in the Digby Wells Air Quality Study 2020 must be increased erosion implemented to alleviate the negative impacts; potential; ● Removal of vegetation is unavoidable in some areas, floral SCC ● Increased erosion and communities must be demarcated and flagged and all staff personal runoff; must be aware of their location. Sensitive areas are depicted in the Screening of sand by ● Changes to the Sensitivity Map; means of the Mobile Terex Fauna and Operational landscape with ● Whilst the removal of vegetation and topsoil is underway, key 3-Screening Machine or Flora subsequent removal of monitoring methods should be focused on the prevention of AIP ● NEMA; similar. faunal habitats and a spread during the operational phase. Measures must be in place to ● NEM:BA; Through the duration decrease in prevent the spread of AIPs; ● FSNCO; and of the Project. biodiversity and loss of ● Erosion prevention is key thus runoff must be controlled, and SCC (faunal and floral); ● NEM: PAA. managed by use of proper stormwater management measures; and and ● Refer to noise mitigation measures are listed in the EARES Noise ● Potential spillage of Study 2020. hydrocarbons such as oils, fuels (diesel), and grease, thus contamination of the soils and surrounding grounds. ● Increased vehicle ● Keep site clearing to an absolute minimum by adhering to the Project movement in the area, layout only, and restrict vehicle movement outside of dedicated Moving of the screening Increasing the risk of areas; Fauna and Operational machine within the areas to faunal casualties due Flora ● Monitoring must be carried out during the operational phase to be mined to roadkill; ensure no unnecessary impact to the remaining vegetation and ● Increased risk of AIP associated habitats, and if so that a remediation plan is put in place proliferation without as soon as possible; and DIGBY WELLS ENVIRONMENTAL 232 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Compliance with Time frame for Phase Activity Aspect Impacts Mitigation Measures standards implementation adequate control ● Re-fueling of vehicles and machinery must take place on a sealed measures; surface area away from wetlands to prevent the ingress of ● Increased dust hydrocarbons in the surrounding area. pollution; and ● Potential spillage of hydrocarbons such as oils, fuels, and grease, thus contamination of the soils and surrounding grounds. ● Increased dust pollution; and ● Please refer to the Digby Wells Air Quality Study 2020 list mitigation measures in minimizing negative impacts from dust pollution; ● Increased erosion, Stockpiling of the screened Fauna and ● During windy periods un-vegetated areas should be dampened; and Operational runoff and compaction sand on site. Flora of soil and ● Stockpiles should be situated away from nearby receptors and consequently sensitive fauna and flora habitats and should consider the sedimentation predominant wind direction. potential. ● Increased dust pollution; ● Appropriate dust control measures listed in the Digby Wells Air ● AIP proliferation; Quality Study 2020 should be adhered to; ● Increased vehicle ● Ensure mining staff are aware of the speed limits that must be movement in the area, adhered to; Increasing the risk of ● Ensure awareness and locality of the SCC identified (see Sensitivity faunal casualties due Map) in the Project area is circulated amongst the mining staff. It is to roadkill; recommended that before the screening machine is operative in an ● Changes to the area, that particular area must be surveyed for the potential SCC and Transporting of the landscape with flagged; screened sand offsite; Fauna and subsequent removal of ● Vehicles utilised to transport material must be maintained in good Operational Movement of vehicles, and Flora faunal habitats and a working order to prevent smoke emissions; decrease in heavy machinery. ● Make use of existing roads to encourage minimal impacts/footprint to biodiversity and loss of the Project area; SCC (faunal and floral); ● Removal of vegetation is unavoidable in some areas of the Project ● Increased runoff area, it is thus recommended that permits be applied for the removal potential and of floral SCC in demarcated areas or alternatively avoid areas of high consequently sensitivity, see Sensitivity Map; and sedimentation and compaction of the soil; ● Excavated topsoil should be stockpiled separate from the subsoil to and enhance the rehabilitation process. Long term stockpiles should be revegetated to minimise loss of soil quality and minimise AIPs. ● Potential spillage of hydrocarbons such as DIGBY WELLS ENVIRONMENTAL 233 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Compliance with Time frame for Phase Activity Aspect Impacts Mitigation Measures standards implementation oils, fuels (diesel), and grease, thus contamination of the soils and surrounding grounds. ● Apply dust suppression measures on exposed areas and haul roads; ● Conduct activities judiciously and limit operation to non-windy days ● Tipping; (with wind speed higher than 5.4 m/s); ● Screening; ● Keep the area of disturbance to a minimum and avoid any ● NEMA; unnecessary clearing, digging, or scraping, especially on windy days; ● Stockpiling of ● NEM:AQA; and ● Minimise the drop heights when loading onto trucks and at tipping Operational phase topsoil; and Poor air quality due to the Operational Air Quality points; ● National Dust and for the life of ● Excavation, generation of dust. Control Regulation, mine. loading, tipping, ● Set maximum speed limits and have these limits enforced; 2013 (GN R827 of screening and ● Enclosure for the screening circuit; and 2013). stockpiling of ● Monitor the air quality management measures and information to material. ensure that adopted mitigation measures are sufficient and efficient to achieve current air quality standards at the MRA boundary and the closest receptors. ● Ensure that all equipment is well maintained and fitted with the correct and appropriate noise abatement measures. Engine bay covers over heavy equipment could be pre-fitted with sound absorbing material. Heavy covers that fully encloses the engine bay could be considered, ensuring that the seam gap between the hood ● Mitigation measures and vehicle body is minimised; will assist in keeping ● The mine should limit any activities before 06:00 and after 18:00. No noise levels as low ● Operation of mining activities must be permitted on Sundays; as possible to Operational Noise Noise disturbance Operational screening machine. ● The operation should investigate the use of white-noise alarms comply with the instead of tonal reverse alarms on vehicles operating on roads, within National Noise the mining area and at stockpile areas; and Control Regulations, 1999. ● The mine should implement noise monitoring programme to accurately define the noise levels from the mining operation as well as the proposed screen. This information could be used to estimate potential noise levels at the surrounding environment, as well as to identify appropriate mitigation measures. DIGBY WELLS ENVIRONMENTAL 234 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Compliance with Time frame for Phase Activity Aspect Impacts Mitigation Measures standards implementation ● Apply dust suppression measures on exposed areas; ● Limit rehabilitation activities to non-windy days (with wind speed ● NEMA; greater than 5.4 m/s), if possible; On commencement ● Rehabilitation of the ● NEM:AQA; and ● Keep the area of disturbance to a minimum and avoid any of the MRA; and Poor air quality due to the unnecessary clearing, digging, or scraping, especially on windy days ● National Dust decommissioning Decommissioning Air Quality ● Post-closure and generation of dust. (≥ 5.4 m/s); Control phase and for the rehabilitation Regulations, ● Minimise the drop heights when loading onto trucks and at tipping duration of the monitoring. 2013 (GN R 827 points; phase. of 2013). ● Set maximum speed limits and have these limits enforced; and ● Rehabilitated landscape should be vegetated. In addition to Table 5-1, Table 5-2 presents mitigation measures that have been added to address additional complaints received by the mine to ensure the operation is managed optimally, thus ensuring that I&APs complaints are taken seriously. Table 5-2: Additional Mitigation Measures Study Undertaken Recommendations/ Mitigation measures ● Once the project-related activities begin the monitoring programme for palaeontology must be implemented (Appendix G). ● As described in Section 11.9 (Part A), the regional cultural landscape includes archaeological resources which may be encountered during Project activities. Should these heritage resources be encountered, all Sweet Sensation staff and contractors must implement the following steps: ● All activities within the immediate vicinity must be halted and the archaeological heritage resource must be avoided; ● The staff member or contractor who identified the Chance Find must inform the appropriate Responsible Person; ● The Responsible Person, together with the person who identified the find, must record the details of the encounter. Such details include, but are not limited to, the time and date of the encounter, the context of the find and photographs indicating the scale of the find; and Heritage Site Management Plan and ● The Responsible Person must contact a suitably qualified archaeologist to notify them of the find. The archaeologist will be able to advise Sweet Sensation on the significance of Chance Find Procedure the find and the way forward. The way forward may require a site inspection and/or notification of the relevant HRAs. ● The identified mudbrick structure may have unidentified graves present in proximity to the structure. Sweet Sensation may also encounter previously unidentified burial grounds or individual graves elsewhere in the MRA during Project-related activities. Should these heritage resources be encountered, all Sweet Sensation staff and contractors must implement all the steps stated above and the following: ● Sweet Sensation must notify the SAPS of the find; and ● The Responsible Person must notify the Burial Grounds and Graves (BGG) Unit of the SAHRA. ● Where necessary, Sweet Sensation must appoint a suitably qualified archaeologist, heritage specialist and/or palaeontologist to assist with recommendations for the mitigation of accidental discoveries or the exposure of chance finds. Traffic ● The maintenance strategy with a single seal is proposed, as it results in the most vehicle operating costs savings (the traffic study has been attached as Appendix H) For Poor/insufficient shaping: Rehabilitation ● Shape according to the pre-mining condition and in a way that emulates the natural topography. i.e. gently draining towards the Vaal River; and DIGBY WELLS ENVIRONMENTAL 235 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Study Undertaken Recommendations/ Mitigation measures ● This should be undertaken as concurrent rehabilitation to reduce dust pollution, increase the success of the rehabilitation and to ensure that any vegetation establishment is not disturbed. For erosion: ● Re-vegetate and maintain a healthy plant cover; ● Ensure contour ripping takes place; ● Control and maintain areas that receive high runoff, such as from roads and stormwater; ● Contour ploughing and landscape the area to low slopes; and ● Runoff must be controlled and managed using proper stormwater management measures. For low basal cover: ● Seeding with suggested species mix; ● The area must be fenced, and animals should be kept off the area until the vegetation is self-sustaining; ● Mulching, which will increase soil fertility and land capability; ● Reduce the high infiltration rate of the soils by using Hydroseeding with a mulch to ensure that moisture is retained, and the seeds are not washed away. For AIP species: ● Remove and destroy AIP species continually. For low fertility: ● Apply fertilizers and recommendations as indicated in Section 9.5.1.2, 9.5.2.2 and 9.5.3.2 of the Rehabilitation Audit Report (Appendix I); ● Revegetate the area as soon as possible to prevent bare soil and loss of organic material; and ● Increase organic material by revegetation, cattle grazing, mulching and hydroseeding. For Compaction: ● Before re-vegetation, soils should be ripped to at least 0.3 m to increase soil rooting depth; ● Restriction of vehicle movement over sensitive areas to reduce compaction; and ● Restriction of vehicle movement on newly rehabilitated areas. To prevent possible soil contamination: ● Polluted soil must be classified according to the minimum requirements for the handling, classification, and disposal of hazardous material, and disposed at an appropriate, permitted, or licensed disposal facility; ● All vehicles and machines must be parked within hard park areas, and must be checked daily for fluid leaks; ● Re-fueling must take place on a sealed surface area away from soils to prevent seepage of hydrocarbons into the soil; ● Place drip trays where vehicles or machinery leaks are occurring; ● Fuel, grease, and oil spills should be remediated using commercially available emergency clean up kits; ● Any contractors on site must ensure that all employees are aware of the procedure for dealing with spills, and leaks, and undergo training on-site; and ● Soil pollution monitoring should be conducted at selected locations on the project site to detect any extreme levels of pollutants. DIGBY WELLS ENVIRONMENTAL 236 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(e): Impact Management Outcomes A description of the objectives and outcomes of the EMPr is outlined in Table 6-1, taking into account the impact and mitigation type. Table 6-1: Impact Management Outcomes Phase Activity Aspect Impacts Mitigation Type Standard to be Achieved ● Control through the implementation of an air quality ● Tipping of sand into the screening Fauna and management plan; Operational ● Dust pollution. machine. Flora ● Dust control measure; and ● Ambient air quality monitoring. ● Noise generation and dust pollution; ● Removal of vegetation, basal cover, and thus increasing the potential of loss of topsoil, organic material, and increased erosion ● To prevent noise and potential; air pollution; ● Screening of sand by means of the Mobile Fauna and ● Increased erosion and runoff; Operational Control and minimise ● To prevent the loss of Terex 3-Screening Machine or similar. Flora ● Changes to the landscape with subsequent removal of faunal topsoil as a resource; habitats and a decrease in biodiversity and loss of SCC (faunal and ● To minimise floral); and disturbance of natural ● Potential spillage of hydrocarbons such as oils, fuels (diesel), and habitats; and grease, thus contamination of the soils and surrounding grounds. ● To minimise the loss of SCC. ● Increased vehicle movement in the area, increasing the risk of faunal casualties due to roadkill; ● Increased risk of AIP proliferation without adequate control ● Moving of the screening machine within Fauna and Operational measures; Control and minimise the areas to be mined Flora ● Increased dust pollution; and ● Potential spillage of hydrocarbons such as oils, fuels, and grease, thus contamination of the soils and surrounding grounds. DIGBY WELLS ENVIRONMENTAL 237 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Phase Activity Aspect Impacts Mitigation Type Standard to be Achieved Manage through: ● Implementation of an air ● Increased dust pollution; and quality management plan; Fauna and Operational ● Stockpiling of the screened sand on site. and Flora ● Increased erosion, runoff and compaction of soil and consequently sedimentation potential. ● Erosion control. Remedy through: ● Rehabilitation Plan. ● Increased dust pollution; ● AIP proliferation; Control through: ● Increased vehicle movement in the area, Increasing the risk of ● Footprint reduction and faunal casualties due to roadkill; limitation; ● Transporting of the screened sand offsite; ● Changes to the landscape with subsequent removal of faunal Fauna and ● Alien management Operational Movement of vehicles, and heavy habitats and a decrease in biodiversity and loss of SCC (faunal and Flora plan; and machinery. floral); ● Concurrent ● Increased runoff potential and consequently sedimentation and rehabilitation through compaction of the soil; and the LoM. ● Potential spillage of hydrocarbons such as oils, fuels (diesel), and grease, thus contamination of the soils and surrounding grounds. ● Control through the implementation of an ● Tipping; air quality ● Screening; management plan; Operational ● Stockpiling of topsoil; and Air Quality ● Poor air quality due to the generation of dust. To prevent air pollution. ● Dust control measure; ● Excavation, loading, tipping, screening and and stockpiling of material. ● Ambient air quality monitoring. To comply with the definition of ‘noise disturbance’ as Avoid through vehicle and Operational Operation of screening machine. Noise ● Noise disturbance. described by the National Machinery Maintenance Plan. Noise Control Regulations, 1999. ● Control through the implementation of an ● Rehabilitation of the MRA; and air quality Decommissioning Air Quality To prevent air pollution. ● Post-closure and rehabilitation ● Poor air quality due to the generation of dust. management plan; and monitoring. ● Ambient air quality monitoring. DIGBY WELLS ENVIRONMENTAL 238 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(f): Financial Provision 7.1 Determination of the Amount of Financial Provision A closure plan which provides the closure objectives, rehabilitation plan and financial provision has not been compiled for this application. Describe the Closure Objectives and the Extent to Which They Have been Aligned to the Baseline Environment Described under the Regulation The objective of the Rehabilitation Plan is to ensure activities associated with the infrastructure located within the mining footprint area will be designed to prevent, minimise or mitigate adverse, long-term, environmental and social impacts and create a self-sustaining ecosystem. The following objectives have been identified thus far: ● Comply with the relevant local and national regulatory requirements; ● Re-establishment of the pre-mining land capability to allow for a suitable and sustainable post mining land use; ● Implement progressive rehabilitation measures where possible; ● Prevent soil contamination; and ● Maintain and monitor the rehabilitated areas. Confirm Specifically that the Environmental Objectives in Relation to Closure have been Consulted with Landowner and Interested and Affected Parties Digby Wells conducted an independent technical peer review of the mine CCA done by Dorean Environmental Services CC (Dorean) for Sweet Sensation. The review was made available for public review and comment together with this Regulation 31 Amendment Report (please refer to Appendix J). All comments received that pertain to the Closure Plan will be recorded in the final report. Provide a Rehabilitation Plan that Describes and Shows the Scale and Aerial Extent of the Main Mining Activities, Including the Anticipated Mining Area at the Time of Closure No rehabilitation study was undertaken for this amendment process. The Closure Cost Assessment review undertaken by Digby Wells is attached as Appendix J. DIGBY WELLS ENVIRONMENTAL 239 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Explain Why it can be Confirmed that the Rehabilitation Plan is Compatible with the Closure Objectives No rehabilitation study was undertaken for this amendment process. The Closure Cost Assessment review undertaken by Digby Wells is attached as Appendix J. Calculate and State the Quantum of the Financial Provision Required to Manage and Rehabilitate the Environment in Accordance with the Applicable Guideline A closure plan which provides the closure objectives, rehabilitation plan and financial provision has not been compiled for this application. The approved closure plan for the site remains applicable to the Sweet Sensation Mine. The reviewed financial provision for the Sweet Sensation Mine is summarised in Table 17-1 (see Appendix J). Confirm that the Financial Provision will be Provided as Determined A closure plan which provides the closure objectives, rehabilitation plan and financial provision has not been compiled for this application. The approved rehabilitation and closure plan (including financial provision) for the site remains applicable to the Sweet Sensation Mine. A liability assessment update will continue to be undertaken annually to ensure the financial provision is in line with the closure cost. The financial provision made available is updated every year and has been made available as a trust fund. DIGBY WELLS ENVIRONMENTAL 240 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Table 7-1: Calculation of the Quantum DIGBY WELLS ENVIRONMENTAL 241 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(g): Monitoring Compliance with and Performance Assessment Sweet Sensation will be responsible for the implementation of all the monitoring of mitigation and management measures, as well as compliance with the EMPr. The recommended monitoring for the identified impacts is detailed below. Sweet Sensation will keep a record of all environmental monitoring undertaken. The specific recommended environmental monitoring for the identified impacts associated with the Project are detailed below and subsequently summarised in Table 8-3 below. 8.1 Monitoring of Impact Management Actions Air Quality It is recommended that the ongoing dust monitoring continues for the LoM. In addition, it is recommended that a continuous real-time fine particulate monitor with the ability to measure both PM10 and PM2.5 be commissioned. The frequency of monitoring should ensure diurnal, seasonal, annual, and inter-annual records are captured to inform management decision making. Table 8-1 shows the pollutants to be measured and the frequency of monitoring as required by law. Table 8-1: Recommended Monitoring Plan Method Frequency Target Responsibility Monitoring in Particulate pollutants accordance with: • Continuous from the ongoing mining A designated PM10, PM2.5 operation must be kept ● EN14097 for Environmental Officer monitoring; below the South African PM2.5; onsite to collect and standards: ● EN12341 for ambient air quality • Monthly ● GN R1210 of 24 PM10; and data and submit it to dustfall December 2009; an independent ● American monitoring on- consultant for Standard Test ● GN R486 of site and at interpretation and Method ASTM June 2012; and surrounding reporting. 1739-98 in receptors. ● GN R827 of 1 SANS1137:2019 November 2013 Fauna and Flora Table 8-2 presents the mechanisms for monitoring compliance with and performance assessment against the environmental management programme and reporting thereon. DIGBY WELLS ENVIRONMENTAL 242 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Table 8-2: Monitoring Compliance with and Performance Assessment Against the Environmental Management Programme Monitoring Element Frequency Responsibility Alien Invasive Annually during the wet season for the first Environmental Officer Management five years after rehabilitation. Red Data listed Monitored every six months from Field Specialist fauna and flora rehabilitation. Monitored every six months from Fauna Monitoring Field Specialist rehabilitation. Noise Active environmental noise monitoring is not recommended due to the low risk of a noise impact occurring (from the mining activities as investigated). It is, however, recommended that a noise monitoring programme be included to define actual noise emission levels of the mining equipment. This data can be used to develop an accurate noise model of future mining equipment. However, should a reasonable and valid noise complaint be registered, the mine should investigate the noise complaint as per the guidelines below. These guidelines should be used as a rough guideline as site specific conditions may require that the monitoring locations, frequency or procedure be adapted. 8.1.3.1 Measurement Localities Measurements should be done at the location of a person that registered a valid and reasonable noise complaint. 8.1.3.2 Measurement Procedure Due to the variability that naturally occurs in sound levels at most locations, it is recommended that semi-continuous measurements are conducted over a period of at least 72 hours, covering at least two full day- (06:00 – 22:00) periods. Measurements should be collected in 10-minute bins defining the 10-minute descriptors such as LAIeq,10min (National Noise Control Regulation requirement), LA90,f (background noise level as used internationally) and LAFeq,10min. Spectral frequencies should also be measured to define the potential origin of noise. When a noise complaint is being investigated, measurements should be collected during a period or in conditions similar to when the receptor experienced the disturbing noise event. 8.2 Monitoring and Reporting Frequency The monitoring and reporting frequency for the monitoring programmes per environmental aspect are supplied in Table 8-3. DIGBY WELLS ENVIRONMENTAL 243 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 8.3 Responsible Persons The responsible persons for the respective monitoring programmes are detailed in Table 8-3. 8.4 Time Period for Implementing Impact Management Actions The time period for implementing impact management actions has been provided for in Table 8-3. 8.5 Mechanism for Monitoring Compliance Table 8-3 sets out the monitoring and management programme of environmental impacts for the proposed Amendment Project. DIGBY WELLS ENVIRONMENTAL 244 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Table 8-3: Monitoring and Management of Environmental Impacts Monitoring and reporting Impacts requiring Roles and responsibilities frequency and time periods for Source Activity Aspect monitoring Functional requirements for monitoring/ Comment (For the execution of the implementing impact programmes monitoring programmes) management actions During the operational phase, the presence of AIPs should be detected and monitored. An active programme of weed management, to control the presence and spread of invasive Annually during the wet season for Alien Invasive weeds, will need to be instituted so that encroaching weeds (from edge effects and Environmental Officer the first five years after Management fragmentation) are controlled by means appropriate to the species. This should run for the rehabilitation. life of the mine and five years after rehabilitation. Red Data listed fauna All protected and SCC must be marked prior to any site clearing. Fauna and and flora Flora This should be closely linked to the flora monitoring to enable scientific conclusions and comparisons, to successfully monitor faunal and floral biodiversity with a Grassland biome. Monitored every six months from Field Specialist This needs to be supplemented with regular site visits to compile a reasonable comparison rehabilitation. Fauna Monitoring between the identified faunal communities present and faunal communities found in the same areas during various stages of operation of the proposed Project. It is recommended that this monitoring be carried out through the life of the mine and concurrently during rehabilitation The following aspects should be monitored: All activities ● Dust deposition; and associated with the A designated Environmental ● Continuous PM10, PM2.5 ● PM10 and PM2.5. addition of the Officer onsite to collect ambient monitoring; Deterioration to the Particulate pollutants from the ongoing mining operation must be below the South African screening machine Air Quality air quality data and submit it to an ambient air quality. standard: ● Monthly dustfall monitoring independent consultant for on-site and at surrounding ● GN R 1210 of 24 December 2009; interpretation and reporting. receptors. ● GN R 486 of June 2012; and ● GN R 827 of 1 November 2013. Active environmental noise monitoring is not recommended due to the low risk of a noise impact occurring (from the mining activities as investigated). It is, however, recommended that a noise monitoring programme be included to define actual noise emission levels of the Monitoring should be initiated by a A report must be compiled after the mining equipment. This data can be used to develop an accurate noise model of future noise specialist if a complaint is monitoring has been carried out Noise Noise disturbance mining equipment. received. Noise levels will then be then submitted to management to However, should a reasonable and valid noise complaint be registered, the mine should monitored in the near vicinity of ascertain compliance with the investigate the noise complaint as per the guidelines below. These guidelines should be the complainant. required regulations and standards. used as a rough guideline as site specific conditions may require that the monitoring locations, frequency or procedure be adapted. Audit Environmental EMPr Conditions To determine compliance to EMPr conditions. Biennial EMPr audits. Reports Officer/Independent Third Party. DIGBY WELLS ENVIRONMENTAL 245 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Item 1(h): Indicate the Frequency of the Submission of the Performance Assessment / Environmental Audit Report In accordance with the NEMA EIA Regulations (2014), as amended, an external independent Environmental Audit will be undertaken every year. The Environmental Audit Report will be submitted to the DMRE and other relevant authorities where required. Item 1(i): Environmental Awareness Plan 10.1 Manner in which the Applicant intends to Inform his or her Employees of any Environmental Risk which may Result from their Work Section 39 of the MPRDA requires Mining to develop an environmental awareness plan to inform the employees of any environmental risks which may result from their work. Therefore, the objectives of the environmental awareness plan are to: ● Educate employees regarding their role in conserving the environment and the importance of conserving natural resources, ● Identify environmental training needs for employees and contractors at all levels, ● Ensure that employees whose work could cause significant environmental impact as identified by the mine are competent to perform those tasks to which they are assigned, ● Enable employees to identify environmental impacts or non-conformances of their work activities on the environment, ● Familiarise employees with emergency preparedness and response requirements, ● Be aware of the potential consequences of deviation from specified operating procedures, and ● Conduct their work and manage mining activities in an environmentally responsible manner. 10.2 Manner in which Risks will be Dealt with in Order to Avoid Pollution or the Degradation of the Environment Unplanned events may occur during the Project that may have potential impacts which will need mitigation and management measures implemented. The unplanned events that may happen at the Project site and the proposed mitigation plan are listed in Table 10-1. Hydrocarbon spills or leaks can occur; therefore, emergency procedures need to be put in place for remediation. These procedures can include the following: ● Contractors must ensure that all employees are aware of the procedure for dealing with spills and leaks and properly trained to deal with such incidents; DIGBY WELLS ENVIRONMENTAL 246 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 ● Ensure that emergency spill equipment is available to site personnel; ● No re-fueling is allowed on site; and ● Fuel and oil spills should be remediated using commercially available emergency clean up kits. For major spills, if soils are contaminated, they must be stripped and disposed of at a licensed waste disposal site. Table 10-1: Unplanned Events, Risks and their Management Measures Specialist Unplanned Potential Mitigation/ Management/ Monitoring area event impact ● Appropriate measures should be implemented in order to prevent potential soil pollution through fuel and oil leaks and spills and then compliance monitored by an appropriate person; ● Make sure operational vehicles are Hydrocarbon Soil maintained and serviced to prevent oil and spillage contamination fuel leaks; ● Emergency on-site maintenance should be done over appropriate drip trays and all oil or fuel must be disposed of according to waste regulations. Drip-trays must be placed under vehicles and equipment when not in use; and Fauna and Flora ● Implement suitable erosion control measures. ● Regular inspections and maintenance should be carried out in all sections until a closure certificate is obtained i.e., grass cutting, removal of debris, erosion repair; Infrastructure ● All staff are to be informed about potential malfunction Habitat hazards and consequently prepared for or degradation malfunctioning; spontaneous combustion ● Protocols are to be induced at every phase of the project life cycle; and ● If such hazards were to incur, the appropriate authorities are to be notified and the incident recorded. ● Adequate cover and care for storage facilities Extreme which will serve as protection during an Air Quality wind erosion Erosion unplanned event; and event ● Exposed areas prone to erosions should be avoided or minimised at all times. DIGBY WELLS ENVIRONMENTAL 247 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Specialist Unplanned Potential Mitigation/ Management/ Monitoring area event impact ● Service mine machinery at designated service bays; and Hydrocarbon Soil spillage contamination ● Hydrocarbon spill kits must be available on- site at all locations where hydrocarbon spills could take place. Item 1(j): Specific Information Required by the Competent Authority The financial provision for the environmental rehabilitation and closure requirements of mining operations is governed by NEMA, as amended, which provides in Section 24P that the holder of a Mining Right must make financial provision for rehabilitation of negative environmental impacts. The financial provision will continue to be reviewed annually. Item 2: Undertaking The EAP herewith confirms: - ● the correctness of the information provided in the reports; ● the inclusion of comments and inputs from stakeholders and I&APs; ● the inclusion of inputs and recommendations from the specialist reports where relevant; and ● the acceptability of the project in relation to the finding of the assessment and level of mitigation proposed. Signature of the Environmental Assessment Practitioner: Claire Wannenburgh Name of Company: Digby Wells Environmental Date: 04/06/2021 DIGBY WELLS ENVIRONMENTAL 248 www.digbywells.com Regulation 31 Amendment and EMPr Sweet Sensation Sand Mine, Free State Province SWS6801 Reference List Collins, N. (2016). Free State Province Biodiversity Plan: Technical Report v1.0. Free State Department of Economic, Small Business Development, Tourism and Environmental Affairs. Internal Report. Duellman, W. E. (1986). Biology of Amphibians. New York: McGraw-Hill Book Company Gerlanc, N. M. (2005). Habitat origin and changes in water chemistry influence developemnt of Westren Chorus Frogs. Journal of Herpatology 39(2), 254-265. Musina L. & Rutherford. (2006). The vegetation of South Africa, Lesotho and Swaziland. Strelitzia 19, South African National Biodiversity Institute, Pretoria. Mucina, L., & Rutherford, M. C. (2012). The vegetation of South Africa, Lesotho and Swaziland. Strelitzia 19, South African National Biodiversity Institute, Pretoria. Memoirs of the Botanical Survey of South Africa. Mucina, L., & Rutherford, M. C. (2012). The Vegetation of South Africa, Lesotho and Swaziland. Pretoria: South African National Biodiversity Institute. Woodhall S. (2005). Field guide to butterflies of South Africa. Struik Publishing: 440 pp DIGBY WELLS ENVIRONMENTAL 249 www.digbywells.com Appendix A: EAP Qualifications and CV Appendix B: Plans Plan 1: Regional Setting Plan 2: Local Setting Plan 3: Land Tenure Plan 4: Infrastructure Layout Plan 5: LoM Map Plan 6: Landcover Map Plan 7: Sensitivity Map of the Project Area Plan 8: Project Boundary Showing Surrounding Receptors and Monitoring Sites Plan 9: Composite Map Appendix C: Public Participation Material Appendix D: Fauna and Flora Assessment Appendix E: Air Quality Assessment Appendix F: Noise Assessment Appendix G: Heritage Site Management Plan and Chance Find Procedure; Appendix H: Traffic Assessment Appendix I: Rehabilitation Audit Appendix J: Third party review of Closure Cost Assessment Appendix K: DMRE Letter Dated 10/07/2020