REPORT
Consultation Basic Assessment Report for the Proposed Sibaya Bulk Waterline from the Waterloo Reservoir to the Sibaya Precinct in eThekwini Metropolitan Municipality, KwaZulu- Natal
Client: Tongaat Hulett Developments Reference: W01.RDC.000052 Revision: 01/Draft Date: 22 April 2016
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ROYAL HASKONINGDHV (PTY) LTD
6 Payne Street Pinetown Durban
3610 Transport & Planning Reg No. 1966/001916/07
+27 31 719 5500 T +27 31 719 5505 F [email protected] E royalhaskoningdhv.com W
Document title: Consultation Basic Assessment Report for the Proposed Sibaya Bulk Waterline from the Waterloo Reservoir to the Sibaya Precinct in eThekwini Metropolitan
Municipality, KwaZulu-Natal Document short title: Sibaya Waterline CBAR Reference: W01.RDC.000052 Revision: 01/Draft Date: 22 April 2016 Project name: W01.RDC.000052 Project number: W01.RDC.000052 Author(s): Humayrah Bassa
Drafted by: Humayrah Bassa Pr.Sci.Nat.
Checked by: Prashika Reddy Pr.Sci.Nat.
Date / initials: 15.04.2016
Approved by: Prashika Reddy Pr.Sci.Nat.
Date / initials: 15.04.2016
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Disclaimer No part of these specifications/printed matter may be reproduced and/or published by print, photocopy, microfilm or by any other means, without the prior written permission of Royal HaskoningDHV (Pty) Ltd; nor may they be used, without such permission, for any purposes other than that for which they were produced. Royal HaskoningDHV (Pty) Ltd accepts no responsibility or liability for these specifications/printed matter to any party other than the persons by whom it was commissioned and as concluded under that Appointment. The quality management system of Royal HaskoningDHV (Pty) Ltd has been certified in accordance with ISO 9001, ISO 14001 and OHSAS 18001.
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Table of Contents
1 Introduction 1 1.1 Background 1 1.1.1 Development Phasing 2 1.1.2 Project Context 4 1.2 Objectives of the Study 5 1.3 Approach to the Study 5 1.3.1 Pre-application Consultation 5 1.3.2 Application for Environmental Authorisation 5 1.3.3 Basic Assessment Report 6 1.3.4 Environmental Management Programme 6 1.3.5 Specialist Studies 7 1.4 Details of the Project Proponent 7 1.5 Details of the Environmental Assessment Practitioner 8 1.6 Structure of the Report 9
2 Environmental Legislative Context 10 2.1 The Constitution of South Africa 10 2.2 Sustainable Development 10 2.3 National Legislation and Regulations 11 2.3.1 National Environmental Management Act (Act No. 107 of 1998) 11 2.3.2 EIA Regulations (2014) 12 2.3.3 National Water Act (Act No. 36 of 1998) (as amended) 12 2.3.4 National Environmental Management: Biodiversity Act (Act No. 10 of 2004) 13 2.3.5 KZN Nature Conservation Ordinance (Ordinance No. 15 of 1974) 15 2.3.6 National Environmental Management: Waste Act (No 59 of 2008) (as amended) 15 2.3.7 National Heritage Resources Act (Act No. 25 of 1999) 16 2.3.8 National Forests Act (Act No. 84 of 1998) 16 2.3.9 Occupational Health and Safety Act (Act No. 85 of 1993) 16 2.3.10 National Environmental Management: Air Quality Act (Act No. 39 of 2004) 17 2.3.11 Hazardous Substance Act (Act No. 15 of 1973) and Regulations 17 2.4 Climate Change Consideration 18
3 Project Context & Motivation 19 3.1 Background to the Study Area 19 3.1.1 Property Descriptions 19 3.1.2 Land Use Zoning 20 3.1.3 Route Coordinates 20 3.1.4 Access / Directions 22 3.1.5 Length of the Activity 22 3.1.6 Size of Servitude 22 3.1.7 Surrounding Land Uses 22 3.2 Project Description 23
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3.2.1 Preferred Layout 24 3.2.2 Alternative Layout 24 3.3 Project Motivation 27 3.3.1 Need & Desirability 27 3.3.2 Socio-economic Value 29
4 Project Alternatives 30 4.1 Site and Type Alternatives 30 4.2 Layout / Route Alignment Alternatives 30 4.2.1 Preferred Layout 30 4.2.2 Alternative Layout 30 4.3 Technology Alternatives 31 4.3.1 Trenching – Technology Alternative 1 31 4.3.2 Pipe Bridges - Technology Alternative 2 31
5 Description of the Baseline Environment 33 5.1 Climate 33 5.2 Geology and Soils 33 5.3 Topography 34 5.4 Land Cover 34 5.5 Agricultural Potential 35 5.6 Cultural Heritage 35 5.7 Vegetation 35 5.8 Water Resources 36 5.8.1 Catchment Details 36 5.8.2 Wetlands 36
6 Public Participation process 39 6.1 Authority Consultation 40 6.2 Consultation with Other Relevant Stakeholders 40 6.3 Site Notification 41 6.4 Identification of Interested and Affected Parties 41 6.5 Briefing Paper 42 6.6 Focus Group Meeting 42 6.7 Advertising 42 6.8 Issues Trail 42 6.8.1 Key Issues Raised by the Public 42 6.9 Public Review of the draft Consultation BAR 43 6.10 Final Consultation BAR 43 6.11 PPP Summary 43
7 Specialist Assessments 44 7.1 Geotechnical Assessment 44
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7.1.1 Pipe Jacking of the M4 and N2 44 7.2 Vegetation Assessment 45 7.2.1 M4 Easterly Side 45 7.2.2 M4 Westerly Side 45 7.2.3 Embankment Area (Road created for access during the construction of the N2) 47 7.2.4 East of the N2 (seaward side) 47 7.2.5 West of the N2 48 7.2.6 Tarred Sugarcane Road and close proximity to a Substation 48 7.2.7 Beyond the Tarred Road Crossing towards the Waterloo Reservoir 49 7.2.8 Thin Band of Woody Vegetation 50 7.2.9 Drainage Line prior to the Waterloo Reservoir 50 7.2.10 Summary 51 7.3 Wetland Assessment 51 7.3.1 WetHealth Assessment 51 7.3.2 Impacts on Wetlands 52 7.3.3 Wetland Rehabilitation and Off-sets 52 7.4 Heritage Assessment 52 7.5 Influent and Effluent 53 7.6 Air Quality 54 7.7 Waste Management 54 7.8 Noise 54
8 Impact Assessment 55 8.1 Introduction 55 8.2 Impact Assessment Methodology 55 8.3 Potential Impacts and Significance 57 8.3.1 Soils & Agriculture 58 8.3.2 Geology & Topography 59 8.3.3 Geohydrology 60 8.3.4 Biodiversity 62 8.3.5 Wetlands 64 8.3.6 Air Quality and Odour 69 8.3.7 Noise 70 8.3.8 Visual 71 8.3.9 Traffic 72 8.3.10 Stormwater 72 8.3.11 Heritage Impacts 75 8.3.12 Socio-economic & Health 76 9 Environmental Impact Statement 78 9.1 Comparative Assessment of Alternatives 78 9.2 Key Findings 79
10 Conclusion and Recommendations 81 10.1 Assumptions, Uncertainties or Gaps in Knowledge 81
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10.1.1 Geotechnical Assessment 82 10.1.2 Wetland Assessment 82 10.1.3 Vegetation Assessment 82 10.2 Recommendations 83 10.2.1 Recommendations to the CA 83 10.2.2 Recommendations to the Applicant 84 10.3 Declaration by the EAP 84
Appendices
A: Minutes of the EDTEA Pre-application Meeting
B: Environmental Management Programme
C: Specialist Studies
D: EAP CV and Knowledge Group Profile
E: Public Participation Summary
F: Maps & Facility Illustrations
G: Photographs
H: Other Items
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Table of Tables
Table 1-1: List of Supporting Plans ...... 6 Table 1-2: List of Specialist Studies ...... 7 Table 1-3: List of Supporting Studies ...... 7 Table 1-4: Project Applicant Details ...... 7 Table 1-5: Details of the EAP ...... 8 Table 1-6: Structure of the Report ...... 9 Table 2-1: Listed Activities according to Listing Notices 1 and 3 of the EIA Regulations (2014) ...... 12 Table 3-1: Property Name and Ownership ...... 19 Table 3-2: Surveyor General 21 Digit Codes ...... 19 Table 3-3: Co-ordinates of the Preferred Alignment ...... 20 Table 3-4: Co-ordinates of the Alternative Alignment ...... 21 Table 3-5: Surrounding Land Uses...... 22 Table 3-6: Sibaya Precinct Development Demand ...... 23 Table 3-7: Project Need, Desirability and Benefits ...... 28 Table 5-1: Wetland areas and HGM type ...... 37 Table 6-1: Key Stakeholders ...... 41 Table 6-2: Summary of Public Participation Process ...... 43 Table 7-1: Wetland PES ...... 51 Table 8-1: Criteria to be used for the Rating of Impacts ...... 55 Table 8-2: Criteria for the Rating of Classified Impacts ...... 56 Table 8-3: Soils & Agriculture Impacts – Preferred Alignment ...... 58 Table 8-4: Geology and Topography Impacts – Preferred Alignment ...... 59 Table 8-5: Geohydrology Impacts – Preferred Alignment ...... 60 Table 8-6: Biodiversity Impacts – Preferred Alignment ...... 62 Table 8-7: Wetland Impacts – Preferred Alignment ...... 64 Table 8-8: Crossing Wetland via Trenching – Technology Alternative 1 ...... 67 Table 8-9: Crossing Wetland via Pipe Bridges – Technology Alternative 2 ...... 68 Table 8-10: Air Quality and Odour Impacts – Preferred Alignment ...... 69 Table 8-11: Noise Impacts – Preferred Alignment ...... 70 Table 8-12: Visual Impacts – Preferred Alignment ...... 71 Table 8-13: Traffic Impacts – Preferred Alignment ...... 72 Table 8-14: Stormwater Impacts – Preferred Alignment ...... 72 Table 8-15: Heritage Impacts – Preferred Alignment ...... 75 Table 8-16: Socio-economic and Health Impacts – Preferred Alignment ...... 76 Table 9-1: Consolidation of Alignment Alternatives Impact Ratings – Construction Phase ...... 78 Table 9-2: Consolidation of Alignment Alternatives Impact Ratings – Operational Phase ...... 79
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Table 9-3: Consolidation of Alignment Alternatives Impact Ratings – Cumulative Impacts...... 79 Table 9-4: Consolidation of Technology Alternatives Impact Ratings ...... 79
Table of Figures
Figure 1-1: Sibaya Precinct Location...... 2 Figure 1-2: Phasing of the Sibaya Precinct ...... 3 Figure 3-1: Preferred Layout of the Sibaya Bulk Waterline ...... 25 Figure 3-2: Alternative Layout of the Sibaya Bulk Waterline ...... 26 Figure 4-1: Typical Pipe Bridge Crossing ...... 32 Figure 5-1: Regional Geology ...... 33 Figure 5-2: Wetlands in the Vicinity to the Sibaya Bulk Waterline ...... 37 Figure 6-1: Responsibilities of I&APs ...... 39 Figure 7-1: Vegetation Survey Area ...... 46 Figure 7-2: Paleontological Sensitivity ...... 53 Figure 9-1: Sensitivity Map ...... 80
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Executive Summary
Royal HaskoningDHV has been appointed by Tongaat Hulett Developments (THD) to provide independent Environmental Consulting Services for the proposed Sibaya Bulk Waterline by conducting a Basic Assessment (BA) Study in terms of the Environmental Impact Assessment (EIA) Regulations of 2014 (GNR 982 of December 2014), as promulgated under the National Environmental Management Act (NEMA) (Act No. 107 of 1998).
A 700 mm water pipeline linking the Waterloo Reservoir to the Sibaya Precinct is proposed in order to ensure water supply to the Node 1 and Node 5 Sibaya Precinct Development which is scheduled to commence with construction in 2016.
The proposed alignment of the 700 mm diameter pipeline follows the existing servitude for the existing 250 mm diameter pipeline to Umdloti and the Sibaya Casino for the majority of the route. Two possible layout routes were considered, with the most feasible of the two selected as the preferred option.
Two wetlands, currently cultivated as sugarcane lands, will be crossed during the construction of the proposed 700 mm diameter pipeline. An option to cross these wetlands with the 700 mm pipeline would be to construct pipe bridges. This will entail constructing piers on concrete pad footings in the wetland. Access to the wetland will be required for the construction of these piers. The preferred option for crossing these wetlands would be trenching through the wetland, installing the pipeline and reinstating the wetland soils. Care will be taken with the reinstatement of the wetland soils to ensure the wetlands are left in a better or at least similar condition to the condition of the wetland prior to construction. No wetland losses will be envisaged through this option, since the wetland will be reinstated after construction.
The proposed Sibaya Bulk Waterline will be situated within 32 m of watercourses, which thus triggers the need for an Environmental Authorisation (EA) via a Basic Assessment (BA) Process. Furthermore, a portion of the pipeline traverses through an area which is classified as a Critical Biodiversity Priority Area, Type 1 (CBA 1).
This BA follows the legislative process prescribed in the Environmental Impact Assessment (EIA) Regulations (2014). This report constitutes the draft Consultation Basic Assessment Report (cBAR) which details the environmental outcomes, impacts and residual risks of the proposed activity. The report aims to assess the key environmental issues and impacts associated with the development, and to document Interested and Affected Parties’ (I&APs) issues and concerns. Furthermore, it provides background information of the proposed project, a motivation and details of the proposed project, and describes the public participation undertaken to date.
The objective of this report is to provide the project’s I&APs, stakeholders, commenting authorities, and the competent authority (CA), with a thorough project description and BA process description. The outcome being to engender productive comment / input, based on all information generated to date and presented herein.
In order to protect the environment and ensure that the development is undertaken in an environmentally responsible manner, there are a number of significant portions of environmental legislation that were taken into consideration during this study and are elaborated on in this report.
The KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA) is the lead / competent authority for this BA process and the development needs to be authorised by this Department.
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This draft cBAR provides an assessment of both the benefits and potential negative impacts anticipated as a result of the proposed construction of the Sibaya Bulk Waterline. Having duly considered the project, in the Environmental Assessment Practitioner’s (EAP’s) opinion, the project does not pose a detrimental impact on the receiving environment and it inhabitants and can be mitigated significantly. The Applicant should be bound to stringent conditions to maintain compliance and a responsible execution of the project.
The impacts identified and assessed by way of risk ratings, have been extensively reported herein. The report at hand (i.e. draft cBAR) will now be made available for comment and amended post comment period to form the final Consultation BAR (i.e. final cBAR). The final cBAR report will, together with a comprehensive issues trail, the final draft of the EMPr, and all addenda as referred to, will be submitted to the KZN EDTEA, for decision making. The final cBAR report will thus be a culmination of scientific specialist studies' findings, public contribution via formal comment, and the drawing of conclusions by the EAP as the environmental specialist.
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Acronyms
ADD Average Daily Demand AMSL Above Mean Sea Level BA Basic Assessment BAR Basic Assessment Report BEE Black Economic Empowerment BRU BioResource Unit CA Competent Authority CARA Conservation of Agricultural Resources Act CMA Catchment Management Agency CV Curriculum Vitae DAFF Department of Agriculture, Fisheries and Forestry DEDTEA KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (previously known as Department of Agriculture and Environmental Affairs (DAEA)) DWS Department of Water and Sanitation EA Environmental Authorisation EAP Environmental Assessment Practitioner ECO Environmental Control Officer EIA Environmental Impact Assessment EIS Ecological Importance and Sensitivity EMPr Environmental Management Programme EMS Environmental Management System EO Environmental Officer EWS eThekwini Water and Sanitation GA General Authorisation GIS Geographic Information System GNR Government Notice Number HGM Hydrogeomorphic Unit I&AP Interested and Affected Party IDP Integrated Development Plan IEM Integrated Environmental Management IWULA Integrated Water Use Licence Application KSIA King Shaka International Airport KZN KwaZulu-Natal MAR Mean Annual Run-off MASL Meter Above Sea Level MSL Mean Sea Level NBA National Biodiversity Assessment NBSAP National Biodiversity Strategy and Action Plans NEMA National Environmental Management Act (Act No 107 of 1998) NEM:AQA National Environmental Management Air Quality Act (Act No 39 of 2004) NEM:BA National Environmental Management Biodiversity Act (Act No 10 of 2004) NEM:PAA National Environmental Management Protected Areas Act (Act No 57 of 2003) NEM:WA National Environmental Management – Waste Act (Act No. 59 of 2008) NFA National Forests Act (Act No. 84 of 1998) NGO Non-Governmental Organisation
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NHRA National Heritage Resources Act (Act No 25 of 1999) NWA National Water Act (Act No. 36 of 1998) OHSA Occupational Health and Safety Act (Act No 85 of 1993) PES Present Ecological State PPE Personnel Protective Equipment PPP Public Participation Process ROW Right of Way SACNASP South African Council of Natural Science Professionals SAHRA South African Heritage Resource Agency SANRAL South African National Roads Agency Limited SEA Strategic Environmental Assessment SEMA Suite of Environmental Management Acts SWMP Stormwater Management Plan THD Tongaat Hulett Developments WUL Water Use Licence
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Glossary
Activity An action either planned or existing that may result in environmental impacts through (Development) pollution or resource use. For the purpose of this report, the terms ‘activity’ and ‘development’ are freely interchanged. Alternatives Different means of meeting the general purpose and requirements of the activity, which may include site or location alternatives; alternatives to the type of activity being undertaken; the design or layout of the activity; the technology to be used in the activity and the operational aspects of the activity. Applicant The project proponent or developer responsible for submitting an environmental application to the relevant environmental authority for environmental authorisation. Biodiversity The diversity of animals, plants and other organisms found within and between ecosystems, habitats, and the ecological complexes. Buffer A buffer is seen as an area that protects adjacent communities from unfavourable conditions. A buffer is usually an artificially imposed zone included in a management plan. Construction The building, erection or establishment of a facility, structure or infrastructure that is necessary for the undertaking of a listed or specified activity but excludes any modification, alteration or expansion of such a facility, structure or infrastructure and excluding the reconstruction of the same facility in the same location, with the same capacity and footprint. Cumulative Impact The impact of an activity that in itself may not be significant but may become significant when added to the existing and potential impacts eventuating from similar or diverse activities or undertakings in the area. Decommissioning The demolition of a building, facility, structure or infrastructure. Direct Impact Impacts that are caused directly by the activity and generally occur at the same time and at the same place of the activity. These impacts are usually associated with the construction, operation or maintenance of an activity and are generally quantifiable. Ecological Reserve The water that is necessary to protect the water ecosystems of the water resource. It must be safeguarded and not used for other purposes. The Ecological Reserve specifies both the quantity and quality of water that must be left in the national water resource. The Ecological Reserve is determined for all major water resources in the different water management areas to ensure sustainable development. Ecosystem A dynamic system of plant, animal (including humans) and micro-organism communities and their non-living physical environment interacting as a functional unit. The basic structural unit of the biosphere, ecosystems are characterised by interdependent interaction between the component species and their physical surroundings. Each ecosystem occupies a space in which macro-scale conditions and interactions are relatively homogenous. Environment In terms of the National Environmental Management Act (NEMA) (Act No 107 of 1998) (as amended), “Environment” means the surroundings within which humans exist and that are made up of: i. the land, water and atmosphere of the earth; ii. micro-organisms, plants and animal life; iii. any part or combination of (i) and (ii), and the interrelationships among and between them; and iv. the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and wellbeing. Environmental The generic term for all forms of environmental assessment for projects, plans, Assessment programmes or policies and includes methodologies or tools such as environmental impact assessments, strategic environmental assessments and risk assessments. Environmental An authorisation issued by the competent authority in respect of a listed activity, or an Authorisation activity which takes place within a sensitive environment. Environmental The individual responsible for planning, management and coordination of Assessment environmental impact assessments, strategic environmental assessments, Practitioner (EAP) environmental management programmes or any other appropriate environmental
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instrument introduced through the EIA Regulations. Environmental An individual nominated through the Client to be present on site to act on behalf of Control Officer the Client in matters concerning the implementation and day to day monitoring of the (ECO) EMPr and conditions stipulated by the authorities. Environmental Change to the environment (biophysical, social and/ or economic), whether adverse Impact or beneficial, wholly or partially, resulting from an organisation’s activities, products or services. Environmental In relation to an application to which scoping must be applied, means the process of Impact Assessment collecting, organising, analysing, interpreting and communicating information that is (EIA) relevant to the consideration of that application as defined in NEMA. Environmental Issue A concern raised by a stakeholder, interested or affected parties about an existing or perceived environmental impact of an activity. Environmental Ensuring that environmental concerns are included in all stages of development, so Management that development is sustainable and does not exceed the carrying capacity of the environment. Environmental A detailed plan of action prepared to ensure that recommendations for enhancing or Management ensuring positive impacts and limiting or preventing negative environmental impacts Programme (EMPr) are implemented during the life cycle of a project. This EMPr focuses on the construction phase, operation (maintenance) phase and decommissioning phase of the proposed project. Fatal Flaw An event or condition that could cause an unanticipated problem and/or conflict which will could result in a development being rejected or stopped. Groundwater Water in the ground that is in the zone of saturation from which wells, springs, and groundwater run-off are supplied. Hazardous Waste Any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment and includes hazardous substances, materials or objects within business waste, residue deposits and residue stockpiles as outlined in the National Environmental Management: Waste Amendment Act (No 26 of 2014).Schedule 3: Category A – Hazardous Waste. Hydrology The science encompassing the behaviour of water as it occurs in the atmosphere, on the surface of the ground, and underground. Indirect Impacts Indirect or induced changes that may occur as a result of the activity. These types if impacts include all of the potential impacts that do not manifest immediately when the
activity is undertaken or which occur at a different place as a result of the activity Integrated A philosophy that prescribes a code of practice for ensuring that environmental Environmental considerations are fully integrated into all stages of the development and decision- Management making process. The IEM philosophy (and principles) is interpreted as applying to the planning, assessment, implementation and management of any proposal (project, plan, programme or policy) or activity - at local, national and international level – that has a potentially significant effect on the environment. Implementation of this philosophy relies on the selection and application of appropriate tools for a particular proposal or activity. These may include environmental assessment tools (such as strategic environmental assessment and risk assessment), environmental management tools (such as monitoring, auditing and reporting) and decision-making tools (such as multi-criteria decision support systems or advisory councils). Interested and Any person, group of persons or organisation interested in or affected by an activity; Affected Party and any organ of state that may have jurisdiction over any aspect of the activity. (I&AP) Method Statement A method statement is a written submission by the Contractor to the Engineer in response to the specification or a request by the Engineer, setting out the plant, materials, labour and method the Contractor proposes using to carry out an activity, identified by the relevant specification or the Engineer when requesting a Method Statement. It contains sufficient detail to enable the Engineer to assess whether the Contractor’s proposal is in accordance with the Specifications and/or will produce results in accordance with the Specifications. Mitigate The implementation of practical measures designed to avoid, reduce or remedy
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adverse impacts or enhance beneficial impacts of an action. No-Go Option In this instance the proposed activity would not take place, and the resulting environmental effects from taking no action are compared with the effects of permitting the proposed activity to go forward. Pollution The National Environmental Management Act, No. 107 of 1998 defines pollution to mean any change in the environment caused by – substances; radioactive or other waves; or noise, odours, dust or heat emitted from any activity, including the storage or treatment of waste or substances, construction and the provision of services, whether engaged in by any person or an organ of state, where that change has an adverse effect on human health or well-being 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 the future. Public Participation A process in which potential interested and affected parties are given an opportunity Process to comment on, or raise issues relevant to, specific matters. Re-use To utilise articles from the waste stream again for a similar or a different purpose without changing the form of properties of the articles. Rehabilitation A measure aimed at reinstating an ecosystem to its original function and state (or as close as possible to its original function and state) following activities that have disrupted those functions. Sensitive Any environment identified as being sensitive to the impacts of the development. Environments Significance Significance can be differentiated into impact magnitude and impact significance. Impact magnitude is the measurable change (i.e. magnitude, intensity, duration and likelihood). Impact significance is the value placed on the change by different affected parties (i.e. level of significance and acceptability). It is an anthropocentric concept, which makes use of value judgements and science-based criteria (i.e. biophysical, social and economic). Stakeholder The process of engagement between stakeholders (the proponent, authorities and Engagement I&APs) during the planning, assessment, implementation and/or management of proposals or activities. Sustainable Development which meets the needs of current generations without hindering future Development generations from meeting their own needs. Visual Contrast The degree to which the development would be congruent with the surrounding environment. It is based on whether or not the development would conform with the land use, settlement density, forms and patterns of elements that define the structure of the surrounding landscape. Watercourse Defined as: i. a river or spring; ii. a natural channel or depression in which water flows regularly or intermittently; iii. a wetland, lake or dam into which, or from which, water flows; and iv. any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse as defined in the National Water Act, 1998 (Act No. 36 of 1998) and a reference to a watercourse includes, where relevant, its bed and banks. Water Pollution The National Water Act, 36 of 1998 defined water pollution to be the direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it – less fit for any beneficial purpose for which it may reasonably be expected to be used; or harmful or potentially harmful (aa) to the welfare, health or safety of human beings; (bb) to any aquatic or non-aquatic organisms; (cc) to the resource quality; or (dd) to property”. Wetland Land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.
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1 INTRODUCTION
1.1 Background
A 700 mm water pipeline linking the Waterloo Reservoir to the Sibaya Precinct is proposed in order to ensure water supply to the Node 1 and Node 5 Sibaya Precinct Development which is scheduled to commence with construction in 2016.
Royal HaskoningDHV has also been appointed by Tongaat Hulett Developments (THD) to provide independent Environmental Consulting Services for the proposed waterline by conducting a Basic Assessment (BA) Study in terms of the Environmental Impact Assessment (EIA) Regulations of 2014 (GNR 983 of December 2014), as promulgated under the National Environmental Management Act (NEMA) (Act No. 107 of 1998).
The 850 ha Sibaya Precinct (Figure 1-1) includes a collection of mixed-use (e.g. residential, commercial, conservation and resort) developments. The Sibaya Precinct is situated between the east coast and N2 National Road with the M4 bisecting the site. The Sibaya Precinct is strategically located along KwaZulu- Natal’s North Coast within the Province’s Primary Corridor and a few minutes away from King Shaka International Airport (KSIA) and the Dube TradePort. It is also located in the centre of two of Durban’s primary tourism nodes of Umhlanga and Umdloti.
Already well-established in the Precinct is the Sibaya Casino and Entertainment World which is located in the heart of the Precinct midway between the N2 and M4 with good accessibility from both roads. The Sibaya Casino and Entertainment World was developed as the first phase of the Sibaya Precinct Development and its success has proven the need for other aspects of the Precinct development potential to be unlocked and delivered in support of what the Casino has already been able to achieve. A significant amount of infrastructure has already been developed with the construction of the Casino including new bulk water services, electricity and sewer systems as well as two new access roads.
The development potential of the Sibaya Precinct is significant, not only considering its strategic location and situation, but also considering the physical attributes of the land such as the gentle, rolling landscape, the easy accessibility, the high visibility, the prime sea views and the interface with a unique natural environment that includes river, estuary, wetlands and coastal forest.
The vision of the Sibaya Precinct is to create a complex, resort-residential focused development which integrates the urban environment with the natural environment in a manner that not only enables an efficient, compact urban form, but which also enables the sustainable conservation and management of the unique natural environment for the benefit of the greater community.
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Figure 1-1: Sibaya Precinct Location
1.1.1 Development Phasing1
The Sibaya Precinct is some 850 ha in extent with the development proposal for 6 000 residential units, 186 170 m2 commercial bulk and a number of hotels, all of which will take a number of years to come to fruition. Therefore, phasing the construction of the development is a critical decision that depends on a number of factors including market demand, infrastructural provision, developability, development certainty and securing investors.
1 Extract from the Final Environmental Impact Assessment Report for the Proposed Sibaya Precinct, Nodes 1 & 5, GAEA Projects, June 2008.
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From a development perspective, the Sibaya Precinct has been conceptualised with five (5) major nodes (Figure 1-2), two to the east and three to the west of the M4. Each node has a distinctive and specific role within the Sibaya Precinct and within the broader region. The phasing and implementation of the nodes are grouped into clusters as follows: . Node 4; . Nodes 2 & 3; and . Nodes 1 & 5.
Cornubia North
Figure 1-2: Phasing of the Sibaya Precinct
1.1.1.1 Nodes 1 & 5
Nodes 1 and 5, are located to the east of the M4 and have been conceptualised and planned towards providing a very different role and function.
Firstly, the Umdloti Village is significantly constrained and under pressure from a development perspective, specifically relating to parking and commercial space. Secondly, the physical attributes of this area are spectacular and result in prime real estate land with two ‘hilltops’ that provide incredible views, as well as an area between the two hilltops that lends itself to a potential community orientated leisure and recreational space. Thirdly, this area is easily accessible from the M4 and M27. Finally, the nodes are located between the existing Sibaya Casino and the Umdloti Village and can therefore be seen to be an extension to Umdloti towards integrating the Sibaya Casino and Entertainment World into this fabric.
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The development of Nodes 1 and 5 will therefore enable the constrained village of Umdloti to be enhanced and expanded, in the appropriate area, and in a manner that can handle the increased traffic and commercial demand. The concept of Nodes 1 and 5 is to create an “urban centre”, at an appropriate density and scale that maximises the physical attributes and creates opportunities for a wide mix of uses, including residential apartments, resort hotels, commercial, leisure and recreational activities. This will enable pressure to be taken off Umdloti with investors and developers able to focus on Sibaya as opposed to attempting to further densify and develop in Umdloti itself.
An EIA Study was undertaken for Nodes 1 and 5 in terms EIA Regulations (2006). A Record of Decision [now known as an Environmental Authorisation (EA)] was issued on the 26th March 2009, reference: EIA/5809. The Record of Decision was subsequently amended in 2013 to extend the validity until 2017 (reference: DM/AMEND/5809/2012). Construction of Nodes 1 and 5 is expected to commence in 2016, pending receipt of a Water Use Licence (WUL).
1.1.1.2 Node 4
Node 4 is sandwiched between the N2, M27 and M4, to the north of the Sibaya Casino and hence is highly affected by these major nodes. It has high visibility with accessibility from a number of different directions. This node is also situated as the ‘gateway’ to Durban from the North Coast. Consequently, it has more commercial and intense focus than the other nodes and offers the potential of providing a reasonable amount of up-market commercial and office space in a location between the KSIA and Umhlanga.
This node is presently undergoing a separate EIA study.
1.1.1.3 Nodes 2 & 3
Nodes 2 and 3 are located to the south of the Sibaya Casino, north of the Ohlanga River and between the N2 and M4 roads. This portion of land, given its location adjacent to the Ohlanga River and Estuary, proximity to Forest 31 and the Hawaan Forest as well as the potential visual impacts of being situated above the estuary, is highly sensitive and tends towards a lower density, lower impact type of development approach than the other nodes within Sibaya.
An EIA study for these nodes is yet to commence.
1.1.2 Project Context
The existing 25 Mℓ Waterloo Reservoir, situated to the west of the Sibaya Precinct, currently supplies water to the Waterloo area, Umdloti, Sibaya Casino and Hammonds Farm. An existing 250 mm diameter water main runs from the Waterloo Reservoir to Umdloti, branching off to the Sibaya Casino via another 250 mm pipeline just east of the M4. The current reservoir consists of a 10 Mℓ and a 15 Mℓ cell, which equates to a total storage of 25 Mℓ. Recent loggings of the Waterloo Reservoir, received from eThekwini Water and Sanitation (EWS) indicates that the reservoir is operating at an average daily demand of 6.32 Mℓ/day (48 hours storage requirement of 12.64 Mℓ/day). According to calculations, the reservoir currently has a spare capacity for an average daily demand of 6.18 Mℓ/day.
Initial planning for the Sibaya Precinct included a reservoir within Node 4. This reservoir would be the dedicated supply for the majority of the Precinct, with the high lying areas serviced from the Waterloo
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Reservoir. A 355 mm diameter water main, from the Waterloo Reservoir to the Sibaya Precinct was envisioned for this and included in the EIA study presently underway for Node 4. This has since been found to be unfeasible due to elevation constraints and the development of a reservoir within Node 4 will not provide a sufficient pressure head.
Consequently, a bulk water main from the Waterloo Reservoir, facilitating the full anticipated flow demands from the Sibaya Precinct, is required. In order to develop Node 1 and Node 5, a separate BA is required for the proposed bulk water main, based on the updated design and alignment.
1.2 Objectives of the Study
The BA aims to achieve the following: . Conduct a consultative process; . Determine the policy and legislative context within which the proposed activity is undertaken and how the activity complies with and responds to the policy and legislative context; . Describe the need and desirability of the proposed alternatives; . Identify the alternatives considered, including the activity, location, and technology alternatives; . Undertake an impact and risk assessment process inclusive of cumulative impacts (where applicable). The focus being; 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 avoided, managed or mitigated.
1.3 Approach to the Study
1.3.1 Pre-application Consultation
A pre-application meeting was held with the Competent Authority (CA) - the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA), eThekwini District – on the 18th March 2016. Minutes of this meeting are included as Appendix A.
1.3.2 Application for Environmental Authorisation
An Application for EA has been submitted to the KZN EDTEA on 22 April 2016.
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1.3.3 Basic Assessment Report
This Basic Assessment Report (BAR) has been compiled in accordance with the stipulated requirements in GNR 982 Appendix 1 of the EIA Regulations (2014), which outlines the legislative BA process and requirements for assessment of outcomes, impacts and residual risks of the proposed development. The BAR further incorporates the findings and recommendations of the specialist studies conducted for the project.
1.3.4 Environmental Management Programme
An EMPr (Appendix B) has been compiled according to Appendix 4 of GNR 982 of the EIA Regulations (2014) for the construction and rehabilitation phases of the project.
The EMPr has been compiled as a stand-alone document from the BAR and will be submitted to the KZN EDTEA along with the BAR. The EMPr provides the actions for the management of identified environmental impacts emanating from the project and a detailed outline of the implementation programme to minimise and/or eliminate any anticipated negative environmental impacts and to enhance positive impacts. The EMPr provides strategies to be used to address the roles and responsibilities of environmental management personnel on site, and a framework for environmental compliance and monitoring.
The EMPr includes the following: . Details of the person who prepared the EMPr and the expertise of the person to prepare an EMPr; . Information on any proposed management or mitigation measures that will be taken to address the environmental impacts that have been identified in the BAR, including environmental impacts or objectives in respect of operation or undertaking of the activities, rehabilitation of the environment and closure where relevant; . A detailed description of the aspects of the activity that are covered by the EMPr; . An identification of the persons who will be responsible for the implementation of the measures; . Where appropriate, time periods within which the measures contemplated in the EMPr must be implemented; . Proposed mechanisms for monitoring compliance with the EMPr and reporting thereon; . An environmental awareness plan; and . Procedures for managing incidents which have occurred as a result of undertaking the activity and rehabilitation measures.
The following plans have been prepared in support of the EMPr (Table 1-1):
Table 1-1: List of Supporting Plans2 Specialist Study Organisation Appendix Wetland and Open Space Rehabilitation Plan SiVEST Appendix B3 Stormwater Management Plan SMEC South Africa Appendix B4
2 These plans have been compiled for the Sibaya Nodes 1 & 5 as well as Ancillary Infrastructure including the Bulk Waterline.
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1.3.5 Specialist Studies
To ensure the scientific vigour of the BA Study, as well as a robust assessment of impacts, Royal HaskoningDHV was assisted by various specialists in order to comprehensively identify both potentially positive and negative environmental impacts (social and biophysical), associated with the project, and where possible to provide mitigation measures to reduce the potentially negative impacts and enhance the positive impacts.
The following specialist studies have been conducted (Table 1-2):
Table 1-2: List of Specialist Studies Specialist Study Organisation Appendix Wetland Assessment3 SiVEST Appendix C1 Vegetation Assessment Kinvig & Associates Environmental Consultants Appendix C2 Umlando Archaeological Surveys & Heritage Heritage Assessment Appendix C3 Management
In addition to the above specialist studies, the following reports have been prepared in support of the BA Study (Table 1-3):
Table 1-3: List of Supporting Studies Specialist Study Organisation Appendix Geotechnical Assessment4 SMEC South Africa Appendix C4 Engineering Services Report SMEC South Africa Appendix C5
1.4 Details of the Project Proponent
THD is the Applicant and Primary Developer. The details of the responsible person from THD are presented in Table 1-4.
Table 1-4: Project Applicant Details Applicant Tongaat Hulett Developments Mr Sithembiso Mthembu Representative Development Executive 305 Umhlanga Rocks Drive Physical Address La Lucia 4015 Postal Address PO Box 22319
3 This study has been compiled for the Sibaya Nodes 1 & 5 as well as Ancillary Infrastructure including the Bulk Waterline. 4 This study has been compiled for the Sibaya Nodes 1 & 5 as well as Ancillary Infrastructure including the Bulk Waterline.
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Applicant Tongaat Hulett Developments Glenashley 4022 Telephone 031 560 1900 Facsimile 031 560 1999 E-mail [email protected]
1.5 Details of the Environmental Assessment Practitioner
The environmental team of Royal HaskoningDHV have been appointed as an independent Environmental Assessment Practitioner (EAP) by THD to undertake the appropriate environmental studies for this proposed project.
The professional team of Royal HaskoningDHV has considerable experience in the environmental management field. Royal HaskoningDHV been involved in and/or managed several of the largest EIAs undertaken in South Africa to date. A specialist area of focus is on the assessment of multi-faceted projects, including the establishment of linear developments (national and provincial roads, and power lines), mixed-use developments, bulk infrastructure and supply (e.g. wastewater treatment works, pipelines, landfills), electricity generation and transmission, the mining industry, urban, rural and township developments, environmental aspects of Local Integrated Development Plans, as well as general environmental planning, development and management.
Table 1-5: Details of the EAP Consultant Royal HaskoningDHV Royal HaskoningDHV Contact Humayrah Bassa (EAP) Prashika Reddy Persons PO Box 55 PO Box 25302 Postal Pinetown Monument Park Address 3610 0105 Telephone 031 719 5574 012 367 5973 Facsimile 031 719 5505 012 367 5878 E-mail [email protected] [email protected] Qualification MSc Environmental Science BSc (Hons) Geography Humayrah Bassa is an Associate with 5 years Prashika Reddy is a Principal Associate at experience in various facets of environmental Royal HaskoningDHV with extensive management. These include conducting experience in various environmental fields environmental impact assessments and the including: EIAs, EMPRs, PPP and Expertise public participation process (PPP); compiling environmental monitoring and audits. She environmental impact reports; developing is/has been part of numerous multi-faceted environmental management programmes; large-scale projects, including the compiling water use licence applications; establishment of linear developments conducting environmental control officer (roads and power lines), industrial plants,
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Consultant Royal HaskoningDHV Royal HaskoningDHV duties; and conducting legal compliance electricity generation plants, mixed-use audits. She is a Professional Natural Scientist developments and mining projects. She is a (400032/15) with the South African Council for Professional Natural Scientist (400133/10) Natural Scientific Professions. with the South African Council for Natural Scientific Professions.
The Environmental Management and Planning Knowledge Group Profile for Royal HaskoningDHV and the Curriculum Vitae (CV) of the respective Consultants can be found in Appendix D.
1.6 Structure of the Report
The BAR is structured as follows:
Table 1-6: Structure of the Report Chapter Description Introduction – Provides the background to the project as well as details of the specialist 1 studies conducted and contact details for the project proponent and EAP Environmental Legislative Context – Details the pertinent environmental legislation 2 and the applicability to the project Project Context & Motivation – Provides the site locality, project description and need 3 and desirability of the project Project Alternatives – Describes the alternatives considered, including the ‘no-go’ 4 option Description of the Baseline Environment – Describes the pre-development context of 5 the site 6 Public Participation Process – Explains the public consultation undertaken Specialist Assessments – Describes the impact assessment and findings of the 7 specialist studies Impact Assessment – Details the impact assessment methodology and quantifies the 8 impacts anticipated Environmental Impact Statement – Provides the EAP opinion and summarises the 9 impact assessment 10 Conclusion & Recommendations
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2 ENVIRONMENTAL LEGISLATIVE CONTEXT
In order to protect the environment and ensure that the development is undertaken in an environmentally responsible manner, there are a number of significant pieces of environmental legislation that need to be considered during this study. These include:
2.1 The Constitution of South Africa
Section 24 of the Constitution of South Africa (No. 108 of 1996) states that:
“…everyone has the right – … (a) to an environment that is not harmful to their health or well- being; and … (b) to have the environment protected, for the benefit of present and future generations through reasonable legislative and other measures that … (c) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”
This protection encompasses preventing pollution and promoting conservation and environmentally sustainable development. These principles are embraced in the NEMA and given further expression.
2.2 Sustainable Development
The principle of Sustainable Development has been established in the Constitution of the Republic of South Africa (Act No. 108 of 1996) and given effect by NEMA. Section 1(29) of NEMA states that sustainable development means the integration of social, economic and environmental factors into the planning, implementation and decision-making process so as to ensure that development serves present and future generations.
Therefore, Sustainable Development requires that: . The disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be altogether avoided, are minimised and remedied; . That pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied; . The disturbance of landscapes and sites that constitute the nation’s cultural heritage is avoided, or where it cannot be altogether avoided, is minimised and remedied; . Waste is avoided, or where it cannot be altogether avoided, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner; . A risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions; and . Negative impacts on the environment and on people’s environmental rights be anticipated; and, prevented and where they cannot altogether be prevented, are minimised and remedied.
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2.3 National Legislation and Regulations
This section outlines the applicable national legislation which needs to be taken cognisance of.
2.3.1 National Environmental Management Act (Act No. 107 of 1998)
The National Environmental Management Act (Act No. 107 of 1998)(as amended), or otherwise known as NEMA, is South Africa’s overreaching environmental legislation and has, as its primary objective to provide for co-operative, environmental governance by establishing principles for decision–making on matters affecting the environment, institutions that will promote co-operative governance and procedures for co-ordinating environmental functions exercised by organs of state, and to provide for matters connected therewith.
The principles of the Act are the following: . Environmental management must place people and their needs at the forefront of its concern; . Development must be socially, environmentally and economically sustainable; . Environmental management must be integrated, acknowledging that all elements of the environment are linked and interrelated; . Environmental justice must be pursued so that adverse environmental impacts shall not be distributed in such a manner as to unfairly discriminate against any person; . Equitable access to environmental resources, benefits and services to meet basic human needs and ensure human well-being must be pursued; . Responsibility for the environmental health and safety consequences of a policy, programme, project or activity exists throughout its life cycle; . The participation of all interested and affected parties in environmental governance must be promoted; . Decisions must take into account the interests needs and values of all interested and affected parties, and this includes recognizing all forms of knowledge including traditional and ordinary knowledge; . Community well-being and empowerment must be promoted through environmental education, the raising of environmental awareness; . The social, economic and environmental impacts of activities including disadvantages and benefits, must be considered, assessed and evaluated and decisions must be appropriate in the light of such consideration and assessment; . The right of workers to refuse work that is harmful to human health or the environment; . Decisions must be taken in an open and transparent manner, and access to information must be provided in accordance with the low; . There must be intergovernmental co-ordination and harmonisation of policies, legislation and actions relating to the environment; . The environment is held in public trust for the people, the beneficial use of the environment resources must serve the public interest and the environment must be protected as the people’s common heritage; . The cost of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment; and . The vital role of women and youth in environmental management and development must be recognised and their full participation therein must be promoted.
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2.3.2 EIA Regulations (2014)
The nature of the proposed project includes activities listed in the following Listing Notices – GNR 983 (Listing Notice 1) and GNR 985 (Listing Notice 3) of the EIA Regulations (2014) – refer to Table 2-1 below.
Table 2-1: Listed Activities according to Listing Notices 1 and 3 of the EIA Regulations (2014) Relevant Activity Description (Verbatim and as per applicability to proposed development) notice No(s) The development of (vi) bulk storm water outlet structures exceeding 100 square metres in size; (xii) infrastructure or structures with a physical footprint Activity 12 of 100 square metres or more; where such development occurs (vi) & (a) within a watercourse. (xii)(a) Government The proposed infrastructure to be constructed will exceed 100 m2 in size and Notice will cross watercourses or be within 32 m of watercourses. Regulation (GNR) No. The infilling or depositing of any material of more than 5 cubic metres into, or 983 of the EIA the dredging, excavation, removal or moving of soil, sand, shells, shell grit, Regulation pebbles or rock of more than 5 cubic metres from (2014) Activity 19 (i) A watercourse.
(i) The proposed infrastructure will cross watercourses and will thus require infilling or depositing of material of more than 5 m3 or the dredging, excavation, removal or moving of soil, sand or rock of more than 5 m3 from / into a watercourse. Government Notice Regulation (GNR) No. No relevant activities 984 of the EIA Regulation (2014) The development of- (xii) infrastructure or structures with a physical footprint of Government 10 square metres or more; where such development occurs – (a) within a Notice watercourse (d) in KwaZulu-Natal (vii) Critical biodiversity areas or ecological Regulation Activity 14 support areas as identified in systematic biodiversity plans adopted by the (GNR) No. (xii) & (a) competent authority or in bioregional plans. 985 of the EIA – (d) vii. Regulation The project will entail the development of infrastructure of 10 m² or more; within (2014) a watercourse; or within 32 m of a watercourse, measured from the edge of a watercourse within a CBA in KwaZulu-Natal.
2.3.3 National Water Act (Act No. 36 of 1998) (as amended)
The National Water Act (NWA) is a legal framework for the effective and sustainable management of water resources in South Africa. Central to the NWA is recognition that water is a scarce resource in the country which belongs to all the people of South Africa and needs to be managed in a sustainable manner to benefit all members of society. The NWA places a strong emphasis on the protection of water resources in South Africa, especially against its exploitation, and the insurance that there is water for social and economic development in the country for present and future generations.
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Water use in South Africa is managed through a water use authorisation process, which requires that every water use is authorised by the Department of Water and Sanitation (DWS) or an established Catchment Management Agency (CMA, if applicable for that region), once the water requirements for the Reserve have been determined.
A water use must be licensed unless it (a) is listed in Schedule 1, (b) is an existing lawful use, (c) is permissible under a general authorisation (GA), or (d) if a responsible authority waives the need for a licence. If none of these are relevant a so-called water use licence (WUL) must be applied for and obtained prior to the commencement of such listed activity. In terms of such a WUL the Minister may choose to limit the amount of water which a responsible authority (e.g. CMA, water board, municipality) may allocate. In making regulations and determining items such as GAs, the Minister may differentiate between different water resources, classes of water resources, and geographical areas.
The NWA defines a water resource to be a watercourse, surface water, estuary, or groundwater (aquifer). Included under surface water are manmade water channels, estuaries and watercourses.
As the proposed development involves the crossing of two wetlands, a Water Use Licence (WUL) is required in terms of Section 21 (c) and (i) of the NWA: . Impeding or diverting the flow of water in a watercourse (applicable for the construction within watercourses); and . Altering the bed, banks, course or characteristics of a watercourse (applicable for the construction within watercourses).
An integrated Water Use Licence Application (iWULA) was submitted in November 2015 to the DWS for Sibaya Nodes 1 and 5 and Ancillary Infrastructure. The Sibaya Bulk Waterline was included in this application as it was expected that the existing 250 mm diameter pipeline would only require upgrades. However, as a 700 mm diameter needs to be constructed, provision has been made in the WULA and this BA study is now required.
2.3.4 National Environmental Management: Biodiversity Act (Act No. 10 of 2004)
The project must comply with the National Environmental Management: Biodiversity Act (Act No. 10 of 2004) (NEM:BA) in providing the cooperative governance in biodiversity management and conservation.
NEM:BA provides for the Minister to publish a notice in the Government Gazette that issues norms and standards, and indicators for monitoring progress for the achievement of any of the objectives of the Act. The NEM:BA also provides for: . The National Biodiversity Framework; . Bioregional Plans; . Biodiversity Management Plans; . Biodiversity Management Agreements; . The identification, listing and promotion of threatened or protected ecosystems; and . Alien invasive species control and enforcement.
An area within which the proposed project is to be undertaken is classified as a Critical Biodiversity Area (CBA) 1. These areas are therefore a mandatory area based on the C-Plan Irreplaceability analyses, identified as having an Irreplaceability value of 1. These planning units represent the only localities for which the conservation targets for one or more of the biodiversity features contained within can be achieved i.e. there are no alternative sites available. The distribution of the biodiversity features is not
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always applicable to the entire extent of the Planning Unit (PU) however, but is more often than not confined to a specific niche habitat e.g. a forest or wetland reflected as a portion of the PU in question. In such cases, development could be considered within the PU if special mitigation measures are put in place to safeguard this feature(s) and if the nature of the development is commiserate with the conservation objectives. This is dependent on a site by site, case by case, basis.
2.3.4.1 National Spatial Biodiversity Assessments (2004, 2011)
This informs the policies, plans and day to day activities of a wide range of sectors both public and private. A spatial biodiversity assessment can take place at different spatial scales, from global to local.
It involves mapping information about biodiversity features such as species, habitats and ecological processes, protected areas and current and future patterns of land and resource use. It provides a national context for assessments at the sub national scale and points to broad priority areas where further investigation, planning and action are warranted.
It identifies three keys strategies for conserving South Africa’s biodiversity existence from the assessment, namely: . Pursuing opportunities to link biodiversity and socio-economic development in priority geographic areas; . Focusing on emergency action on threaten ecosystem, to prevent further loss of ecosystem functioning; and . Expanding of the protected area network.
2.3.4.2 National Biodiversity Strategy and Action Plans (2005)
The National Biodiversity Strategy and Action Plans (NBSAP) aims to conserve and manage terrestrial and aquatic biodiversity to ensure sustainable and equitable benefits to the people of South Africa, now and in the future.
In South Africa, terrestrial, inland water, coastal and marine ecosystems and their associated species are widely used for commercial, semi-commercial and subsistence purposes through both formal and informal markets. While some of this use is well managed and/or is at levels within the capacity of the resource for renewal, much is thought to be unsustainable. “Use” in this case refers to direct use, such as collecting, harvesting, hunting, fishing, etc. for human consumption and production, as well as more indirect use such as ecotourism.
2.3.4.3 Protected Areas
Protected areas a fundamental tool for achieving biodiversity objectives and protecting essential natural heritage areas and ecosystems services, since these often provide greater security for conservation- worthy land than the agreements or land use limitations provided for in the NEM:BA.
The National Environmental Management: Protected Areas Act (Act No. 57 of 2003) (NEM:PAA) creates a legal framework and management system for all protected areas in South Africa as well as establishing the South African National Parks (SANParks) as a statutory board. Each conservation area will have its own set of land use restrictions or regulations that stem either from generic restrictions under NEM:PAA, or customized regulations for individual protected areas.
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2.3.5 KZN Nature Conservation Ordinance (Ordinance No. 15 of 1974)
Protected indigenous plants in general are controlled under the relevant provincial Ordinances or Acts dealing with nature conservation.
In KwaZulu-Natal the relevant statute is the 1974 Provincial Nature Conservation Ordinance. In terms of this Ordinance, a permit must be obtained from Ezemvelo KZN Wildlife to remove or destroy any plants listed in the Ordinance.
A licence must be obtained from Ezemvelo KZN Wildlife for the relocation of Scadoxus puniceus individuals that occur along the pipeline route. A licence is currently being applied for by Dr. Richard Kinvig of Kinvig & Associates Environmental Consultants (KAEC).
2.3.6 National Environmental Management: Waste Act (No 59 of 2008) (as amended)
The National Environmental Management Waste Act (Act No. 59 of 2008) (NEM:WA) – the ‘Waste Act’ reforms the law regulating waste management in order to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government; to provide for specific waste management measures; to provide for the licensing and control of waste management activities; to provide for the remediation of contaminated land; to provide for the national waste information system; to provide for compliance and enforcement; and to provide for matters connected therewith.
The objectives of this Act are: a) “to protect health, well-being and the environment by providing reasonable measures for – i. minimising the consumption of natural resources; ii. avoiding and minimising the generation of waste; iii. reducing, re-using, recycling and recovering waste; iv. treating and safely disposing of waste as a last resort; v. preventing pollution and ecological degradation; vi. securing ecologically sustainable development while promoting justifiable economic and social development; vii. promoting and ensuring the effective delivery of waste services; viii. remediating land where contamination presents, or may present, a significant risk of harm to health or the environment; and ix. achieving integrated waste management reporting and planning; b) to ensure that people are aware of the impact of waste on their health, well-being and the environment; c) to provide for compliance with the measures set out in paragraph (a); and d) generally to give effect to section 24 of the Constitution in order to secure an environment that is not harmful to health and well-being.”
The NEM:WA has been considered, however, no activities have been identified for the proposed development.
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2.3.7 National Heritage Resources Act (Act No. 25 of 1999)
In terms of section 38 of the National Heritage Resources Act (NHRA) (subject to the provisions of subsections (7), (8) and (9) of the Act), any person who intends to undertake a development categorised as: . The construction of a road, wall, power line, pipeline, canal or other similar form of linear development or barrier exceeding 300 m in length; . The construction of a bridge or similar structure exceeding 50 m in length; . Any development or other activity which will change the character of a site: . Exceeding 5 000 m² in extent; . Involving three or more existing erven or subdivisions thereof; or . Involving three or more erven or divisions thereof which have been consolidated within the past five years; or . The costs of which will exceed a sum set in terms of regulations by the South African Heritage Resource Agency (SAHRA) or a provincial heritage resources authority; . The re-zoning of a site exceeding 10 000 m2 in extent; or . Any other category of development provided for in regulations by SAHRA or a provincial heritage resources authority, must at the very earliest stages of initiating such a development, notify the responsible heritage resources authority and furnish it with details regarding the location, nature and extent of the proposed development.
Archaeological sites have been identified within the vicinity of the pipeline alignments. Permits are required form AMAFA aKwaZulu-Natali to construct in these areas. Gavin Anderson of Umlando Archaeological Surveys and Heritage is in the process of obtaining the required permits.
2.3.8 National Forests Act (Act No. 84 of 1998)
According to this Act, the Minister may declare a tree, group of trees, woodland or a species of trees as protected. The prohibitions provide that:
‘no person may cut, damage, disturb, destroy or remove any protected tree, or collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree, except under a licence granted by the Minister’.
In essence the National Forests Act (NFA) prohibits the destruction of indigenous trees in any natural forest without a licence.
In terms of the NFA and Government Notice 1339 of 6 August 1976 (promulgated under the Forest Act, 1984 (Act No. 122 of 1984) for protected tree species), the removal, relocation or pruning of any protected plants will require a licence.
2.3.9 Occupational Health and Safety Act (Act No. 85 of 1993)
The Occupational Health and Safety Act (OHSA) provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work, against hazards to health and safety arising out of or in connection with the activities of persons at work.
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2.3.10 National Environmental Management: Air Quality Act (Act No. 39 of 2004)
The NEMA Air Quality Management Act (NEM:AQA) states the following as it primary objective:
“To reform the law regulating air quality in order to protect the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development while promoting justifiable economic and social development; to provide for national norms and standards regulating air quality monitoring, management and control by all spheres of government, for specific air quality measures, and for matters incidental thereto.
Whereas the quality of ambient air in many areas of the Republic is not conducive to a healthy environment for the people living in those areas let alone promoting their social and economic advancement and whereas the burden of health impacts associated with polluted ambient air falls most heavily on the poor, And whereas air pollution carries a high social, economic and environmental cost that is seldom borne by the polluter, And whereas atmospheric emissions of ozone-depleting substances, greenhouse gases and other substances have deleterious effects on the environment both locally and globally, and whereas everyone has the constitutional right to an environment that is not harmful to their health or well-being, and whereas everyone has the constitutional right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that: . Prevent pollution and ecological degradation; . Promote conservation; and . Secure ecologically sustainable development and use of natural resources.
And whereas minimisation of pollution through vigorous control, cleaner technologies and cleaner production practices is key to ensuring that air quality is improved, and whereas additional legislation is necessary to strengthen the Government’s strategies for the protection of the environment and, more specifically, the enhancement of the quality of ambient air, in order to secure an environment that is not harmful to the health or well-being of people.”
2.3.11 Hazardous Substance Act (Act No. 15 of 1973) and Regulations
The object of the Act is inter alia to ‘provide for the control of substances which may cause injury or ill health to or death of human beings by reason of their toxic, corrosive, irritant, strongly sensitising or flammable nature or the generation of pressure thereby in certain circumstances; for the control of electronic products; for the division of such substances or products into groups in relation to the degree of danger; for the prohibition and control of such substances’.
In terms of the Act, substances are divided into schedules, based on their relative degree of toxicity, and the Act provides for the control of importation, manufacture, sale, use, operation, application, modification, disposal and dumping of substances in each schedule.
Pollution control in South Africa is affected through numerous national statutes, provincial ordinances and local authority by-laws. Only the more significant legislation pertaining to the regulation of water, air, noise and waste pollution is dealt with in this section.
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2.4 Climate Change Consideration
The proposed project will take into account energy efficient technologies and consider international best practice in terms of the construction methodologies and management of finite resources.
Since climate change concerns include unpredictability and severity in weather patterns, the provision of basic human needs, such as fresh water supply, is considered critical.
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3 PROJECT CONTEXT & MOTIVATION
3.1 Background to the Study Area
3.1.1 Property Descriptions
The proposed activity is situated on the following properties Table 3-1 and Table 3-2.
Table 3-1: Property Name and Ownership Property Name Ownership Erf 8115 Waterloo eThekwini Municipality Erf 8116 Waterloo Mndiyaya Makeni Erf 8142 Waterloo eThekwini Municipality Ptn 2209 (of 75) of Cotton Lands No. 1575 RSA Government Ptn 2421 (of 76) of Cotton Lands No. 1575 Unregistered Ptn 2456 (of 68) of Cotton Lands No. 1575 Unregistered Rem 7 (of 2) of the Farm Lot 42 No. 1114 Tongaat Hulett Rem of Ptn 13 of Lot 42 No. 1114 Tongaat Hulett Rem of Ptn 615 (of 275) of Cotton Lands No. 1575 Tongaat Hulett Rem of Ptn 68 of Cotton Lands No. 1575 Tongaat Hulett Rem of Ptn 75 of the Farm Cotton Lands No. 1575 Tongaat Hulett Rem of the Farm Lot 42 No. 1114 Tongaat Hulett
Table 3-2: Surveyor General 21 Digit Codes N 0 F U 0 0 0 0 0 0 0 0 8 1 1 5 0 0 0 0 0
N 0 F U 0 0 0 0 0 0 0 0 8 1 1 6 0 0 0 0 0
N 0 F U 0 0 0 0 0 0 0 0 8 1 4 2 0 0 0 0 0
N 0 F U 0 0 0 0 0 0 0 0 1 5 7 5 0 2 2 0 9
N 0 F U 0 0 0 0 0 0 0 0 1 5 7 5 0 2 4 2 1
N 0 F U 0 0 0 0 0 0 0 0 1 5 7 5 0 2 4 5 6
N 0 F U 0 0 0 0 0 0 0 0 1 1 1 4 0 0 0 0 7
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N 0 F U 0 0 0 0 0 0 0 0 1 1 1 4 0 0 0 1 3
N 0 F U 0 0 0 0 0 0 0 0 1 5 7 5 0 0 6 1 5
N 0 F U 0 0 0 0 0 0 0 0 1 5 7 5 0 0 0 6 8
N 0 F U 0 0 0 0 0 0 0 0 1 5 7 5 0 0 0 7 5
N 0 F U 0 0 0 0 0 0 0 0 1 1 1 4 0 0 0 0 0
3.1.2 Land Use Zoning
Zoning: Undetermined/Agriculture Is a change of land use or a consent use application required? No Must a building plan be submitted to the local authority? No
3.1.3 Route Coordinates
Table 3-3: Co-ordinates of the Preferred Alignment Point Latitude Longitude Start (Point 1) 29o39’50.39’’S 31o04’12.55’’E Point 2 29o39’49.13’’S 31o04’13.84’’E Point 3 29o39’49.16’’S 31o04’22.87’’E Point 4 29o39’49.10’’S 31o04’31.60’’E Point 5 29o39’49.41’’S 31o04’40.88’’E Point 6 29o39’49.60’’S 31o04’49.97’’E Point 7 29o39’49.78’’S 31o04’59.33’’E Point 8 29o39’49.82’’S 31o05’06.20’’E Point 9 29o39’50.12’’S 31o05’08.56’’E Point 10 29o39’49.67’’S 31o05’12.13’’E Point 11 29o39’49.80’’S 31o05’14.21’’E Point 12 29o39’50.24’’S 31o05’16.37’’E Point 13 29o39’50.53’’S 31o05’17.29’’E Point 14 29o39’51.53’’S 31o05’19.00’’E Point 15 29o39’54.12’’S 31o05’22.48’’E Point 16 29o39’54.04’’S 31o05’24.08’’E Point 17 29o39’59.13’’S 31o05’31.20’’E
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Point Latitude Longitude Point 18 29o40’04.62’’S 31o05’38.83’’E Point 19 29o40’05.35’’S 31o05’40.59’’E Point 20 29o40’05.23’’S 31o05’48.19’’E Point 21 29o40’01.80’’S 31o05’51.67’’E Point 22 29o40’04.12’’S 31o05’57.24’’E Point 23 29o40’02.01’’S 31o05’58.49’’E Point 24 29o40’02.86’’S 31o06’03.93’’E Point 25 29o40’04.29’’S 31o06’04.20’’E Point 26 29o40’05.44’’S 31o06’06.96’’E Point 27 29o40’04.65’’S 31o06’09.61’’E Point 28 29o40’07.45’’S 31o06’12.94’’E End (Point 29) 29o40’08.23’’S 31o06’15.75’’E
Table 3-4: Co-ordinates of the Alternative Alignment Point Latitude Longitude Start 29o39’49.91’’S 31o04’12.95’’E Point 1 29o39’49.16’’S 31o04’13.67’’E Point 2 29o39’49.34’’S 31o04’22.85’’E Point 3 29o39’49.46’’S 31o04’31.66’’E Point 4 29o39’49.64’’S 31o04’40.75’’E Point 5 29o39’49.67’’S 31o04’49.82’’E Point 6 29o39’49.87’’S 31o04’59.07’’E Point 7 29o39’49.90’’S 31o05’06.30’’E Point 8 29o39’49.25’’S 31o05’13.79’’E Point 9 29o39’50.38’’S 31o05’18.73’’E Point 10 29o39’55.56’’S 31o05’25.85’’E Point 11 29o40’00.73’’S 31o05’33.03’’E Point 12 29o40’04.98’’S 31o05’38.95’’E Point 13 29o40’05.59’’S 31o05’40.47’’E Point 14 29o40’05.50’’S 31o05’48.20’’E Point 15 29o40’01.70’’S 31o05’52.12’’E Point 16 29o40’05.30’’S 31o06’00.85’’E Point 17 29o40’07.00’’S 31o06’10.45’’E
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Point Latitude Longitude End 29o40’07.20’’S 31o06’16.97’’E
3.1.4 Access / Directions
The waterline runs from the Waterloo Reservoir, through Cornubia North, across the N2 into the Sibaya Precinct at Node 4, across the M4 and connects into Sibaya Nodes 1 and 5. Access to the site is via the N2 or M4.
3.1.5 Length of the Activity
Length of the Preferred Alignment 3.7 km Length of the Alternative Alignment 3.9 km
3.1.6 Size of Servitude
10 m working construction servitude on Size of Servitude of the Preferred Alignment either side of the pipeline and 6 m registered servitude once constructed 10 m working construction servitude on Size of Servitude of the Alternative Alignment either side of the pipeline and 6 m registered servitude once constructed
3.1.7 Surrounding Land Uses
Table 3-5: Surrounding Land Uses Description Y/N Description Y/N Natural area Y Light industrial N Low density residential N Medium industrial N Medium density residential N Heavy industrial N High density residential N Power station Y Informal residential N Military or police base/station/compound N Retail commercial & warehousing N Spoil heap or slimes dam N Office/consulting room N Dam or reservoir Y Quarry, sand or borrow pit N Hospital/medical centre N School N Tertiary education facility N
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Description Y/N Description Y/N Church N Old age home N Sewage treatment plant N Train station or shunting yard N Railway line N Major road (4 lanes or more) Y Harbour N Plantation N Sport facilities N Agriculture Y Golf course N River, stream or wetland Y Polo fields N Nature conservation area Y Filling station N Mountain, koppie or ridge N Landfill or waste treatment site N Museum N Historical building N Protected Area N Graveyard N Archaeological site N Airport N Other: N Key: Y = Yes P = Possibly N = N
3.2 Project Description
Table 3-6 indicates the anticipated demands expected from the Sibaya Precinct Development, calculated using the planned land uses and the demand parameters agreed with eThekwini Water and Sanitation (EWS).
Table 3-6: Sibaya Precinct Development Demand ADD + Losses Node ADD (Mℓ /day) Average Flow (ℓ /s) Peak Flow (ℓ /s) (Mℓ/day) Node 1 2.16 2.59 30.01 71.07 Node 2 1.06 1.27 14.70 32.70 Node 3 2.06 2.47 28.54 70.41 Node 4 2.39 2.87 13.22 76.56 Node 5 1.3 1.56 18.10 42.89 Total 8.97 10.76 124.57 293.63
Modelling of the anticipated flows indicates that a 700 mm diameter pipeline will be required from the Waterloo Reservoir to the Sibaya Precinct. This 700 mm diameter pipeline will have sufficient capacity to service the entire Sibaya Precinct as well as the existing demands for Umdloti and the Sibaya Casino.
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3.2.1 Preferred Layout
The proposed preferred layout for the new 700 mm diameter closely follows the existing servitude registered for the existing 250 mm water main, currently servicing Umdloti and the Sibaya Casino (Figure 3-1). In order to cross the N2 and the M4, pipe jacking will be required. A 6 m servitude will be registered along the proposed alignment, making provision for a possible future pipeline to be installed next to it to service the future Cornubia North, Umdloti North and Mt Moreland developments.
3.2.2 Alternative Layout
Alternative layouts for the 700 mm diameter pipeline were considered during the preliminary design phase of this project.
The alternative layout indicates the 700 mm water pipeline closely following the existing 250 mm diameter pipeline alignment from the Waterloo Reservoir to just west of the N2 (Figure 3-2). From this location, the pipe follows the existing road reserve for the Umdloti access road to the delivery point on the border of Node 5. Pipe jacking will be required at the N2 and M4 crossings. This layout will entail the crossing of the N2 at a section where the N2 is in cut. This will entail deep excavations in the cut embankments, to accommodate the pipe jacking equipment. Working space will also need to be excavated to provide space in order to weld pipes together before pushing it into position in the installed sleeve. This will increase construction costs considerably.
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Figure 3-1: Preferred Layout of the Sibaya Bulk Waterline
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Figure 3-2: Alternative Layout of the Sibaya Bulk Waterline
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3.3 Project Motivation
3.3.1 Need & Desirability
The Sibaya Precinct is strategically located along KwaZulu-Natal’s North Coast within the Province’s Primary Corridor and a few minutes away from King Shaka International Airport (KSIA) and the Dube TradePort. It is also located in the centre of two of Durban’s primary tourism nodes of Umhlanga and Umdloti.
Already well-established in the Precinct is the Sibaya Casino and Entertainment World which is located in the heart of the Sibaya Precinct midway between the N2 and M4 with good accessibility from both roads. The Sibaya Casino and Entertainment World was the first phase of the Sibaya Precinct Development and has been developed with a real and valid expectation and need for the overall Precinct development to be unlocked and delivered in support of what the Casino has already been able to achieve. A significant amount of infrastructure has already been invested with the development of the Casino including new bulk water, electricity and sewer systems as well as two new accesses off regional routes.
The development potential of the Sibaya Precinct is significant, not only considering its strategic location and situation, but also considering the physical attributes of the land such as the gentle, rolling landscape, the easy accessibility, the high visibility, the prime sea views and the interface with a unique natural environment that includes river, estuary, wetlands and coastal forest.
The ecological potential is therefore equally significant but whilst the natural environment, to a degree, already exists, unless there is an associated development, the potential and opportunity to considered and manage this ecological asset is extremely limited. These natural habitats are constantly under threat from a variety of perspectives, such as dumping, poaching, squatting, unmanaged human interface, etc. Therefore, there is a need to implement formal, viable and sustainable management intervention measures that will result in the proper conservation and appropriate utilisation of these resources. The development of the Sibaya Precinct, of which this natural habitat is an integral component, will enable this to occur.
The need and desirability of unlocking this strategically significant and prime real estate land is unquestionable, specifically considering the Sibaya Precinct’s development concept and vision and the role it is intended to perform in the broader context.
The vision of the Sibaya Precinct is to create a complex, resort-residential focused development which integrates the urban environment with the natural environment in a manner that not only enables an efficient, compact urban form, but which also enables the sustainable conservation and management of the unique natural environment for the benefit of the greater community.
The Sibaya Precinct Development will create substantial employment opportunities during the construction and operational phases. Accordingly, the appointment of staff and contractors to the project are subject to the policy and procedural rigours applied by THD. THD aims to uphold the Employment Equity policies and procedures of the State. The development ultimately supports the National Development Plan implementation, particularly Government’s Programme of Action: the Outcomes Approach as it relates primarily to Outcomes 4 (Decent Employment Through Inclusive Economic Growth), 8 (Creating Sustainable Human Settlements and Improved Quality of Household Life) and 10 (Environmental Assets
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and Natural Resources that are well Protected and Continually Enhanced). These are in line with national, provincial and local redress and transformation imperatives.
Furthermore, the development will make a positive contribution to entrepreneurship development in the area. The outsourcing of services such as maintenance of the facilities, cleaning, security for the precinct, banking services, auditing, legal affairs and information technology provides opportunities for entrepreneurship development. This gives effect to another of Government’s Outcomes, namely Outcome 6 (An Efficient, Competitive and Responsive Economic Infrastructure Network). Accordingly, this development initiative complements those of the eThekwini Municipality.
The Sibaya Bulk Waterline is required to bring the Sibaya Precinct Development to fruition. The project need, desirability and benefits are therefore summarised in Table 3-7.
Table 3-7: Project Need, Desirability and Benefits Project Need
1. Was the relevant provincial planning department involved in the application? YES
Does the proposed land use fall within the relevant provincial planning 2. YES framework?
If the answer to questions 1 and / or 2 was NO, please provide further motivation / 3. Explanation – N/A. Desirability
Does the proposed land use / development fit the surrounding area? 1. The development will serve as water infrastructure expansion (and provision) to the YES upcoming Sibaya Precinct Development.
Does the proposed land use / development conform to the relevant structure 2. YES plans, SDF and planning visions for the area?
Will the benefits of the proposed land use / development outweigh the negative impacts of it? 3. The development will supply water to the approved Sibaya Precinct Development. YES All impacts will be fairly mitigated so as not to cause undue burden or inconvenience during the full project implementation.
If the answer to any of the questions 1-3 was NO, please provide further motivation / 4. Explanation – N/A.
Will the proposed land use / development impact on the sense of place? 5. NO The reticulation system will be predominantly underground.
6. Will the proposed land use / development set a precedent? NO
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Will any person’s rights be affected by the proposed land use / development? 7. The land is owned by Tongaat Hulett except where pipe jacking is required to cross NO the N2 (owned by SANRAL) and the M4. Affected parties have been consulted with.
Will the proposed land use / development compromise the “urban edge”? 8. NO The area is completely urban in nature.
If the answer to any of the question 5-8 was YES, please provide further motivation / 9. explanation – N/A. Benefits
1. Will the land use / development have any benefits for society in general? YES
Explain: This development will assist in the fulfilling of the citizens’ human right to basic water 2. access. This is the principle found in the Constitution of the Republic of South Africa (1997) as well as the National Water Services Act (Act No. 108 of 1997).
Will the land use / development have any benefits for the local 3. YES communities where it will be located? Explain: The tapped supply of water to household properties will lead to an increased standard of 4. living due to increased accessibility.
3.3.2 Socio-economic Value
What is the expected capital value of the activity on completion? R10 million What is the expected yearly income that will be generated by or as a N/A result of the activity? Will the activity contribute to service infrastructure? YES Is the activity a public amenity? YES How many new employment opportunities will be created in the 60 development phase of the activity? What is the expected value of the employment opportunities during R5 million the development phase? What percentage of this will accrue to previously disadvantaged 100% individuals? How many permanent new employment opportunities will be created N/A during the operational phase of the activity? What is the expected current value of the employment opportunities N/A during the first 10 years? What percentage of this will accrue to previously disadvantaged N/A individuals?
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4 PROJECT ALTERNATIVES
In terms of the EIA Regulations (2014) feasible alternatives are required to be considered as part of the environmental investigations. In addition, the obligation that alternatives are investigated is also a requirement of Section 24(4) of the NEMA (Act No. 107 of 1998) (as amended).
An alternative in relation to a proposed activity refers to the different means of meeting the general purpose and requirements of the activity which may include alternatives to: . the property on which or location where it is proposed to undertake the activity; . the type of activity to be undertaken; . the design or layout of the activity; . the technology to be used in the activity; . the operational aspects of the activity; and . the option of not implementing the activity.
4.1 Site and Type Alternatives
No off-site or other site-specific alternatives have been investigated due to the need to provide potable water to the specific Sibaya Precinct Development. Furthermore, the type of activity proposed is for the provision of potable water, therefore, alternatives for the type of activities have not been proposed.
4.2 Layout / Route Alignment Alternatives
A Preferred and an Alternative Layout have been presented in Section 3.2.
4.2.1 Preferred Layout
The proposed preferred layout for the new 700 mm diameter closely follows the existing servitude registered for the existing 250 mm water main, currently servicing Umdloti and the Sibaya Casino (Figure 3-1). In order to cross the N2 and the M4, pipe jacking will be required. A 6 m servitude will be registered along the proposed alignment, making provision for a possible future pipeline to be installed next to it to service the future Cornubia North, Umdloti North and Mt Moreland developments.
4.2.2 Alternative Layout
Alternative layouts for the 700 mm diameter pipeline were considered during the preliminary design phase of this project.
The alternative layout indicates the 700 mm water pipeline closely following the existing 250 mm diameter pipeline alignment from the Waterloo Reservoir to just west of the N2 (Figure 3-2). From this location, the pipe follows the existing road reserve for the Umdloti access road to the delivery point on the border of Node 5. Pipe jacking will be required at the N2 and M4 crossings. This layout will entail the crossing of the
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N2 at a section where the N2 is in cut. This will entail deep excavations in the cut embankments, to accommodate the pipe jacking equipment. Working space will also need to be excavated to provide space in order to weld pipes together before pushing it into position in the installed sleeve. This will increase construction costs considerably.
Both the preferred and the alternative layouts cross two wetland units and construction activities will traverse an additional wetland unit at the same point. The extent of impact on the wetland is the same. The need to impact on these wetlands is to maintain an alignment which is aligned to the existing bulk 250 mm water pipeline so the new waterline will be located within an existing water pipe servitude. Since the alternative layout provides no environmental, or other, benefits and will entail higher installation costs as well as possibly complicating the future construction of the overpass, this option is deemed less feasible. Therefore, the alternative layout has not been assessed further but rather technological alternatives are assessed.
4.3 Technology Alternatives
Based on the wetland assessment carried out for this development, there will be two wetland crossings along the alignment of the preferred 700 mm diameter pipeline. Wetland crossings, in line with the iWULA for Sibaya Nodes 1 and 5, will be done by implementing trenching and/or pipe bridges. Disturbance of the wetlands during construction will be kept to a minimum where possible.
4.3.1 Trenching – Technology Alternative 1
A trench, just wide enough to provide adequate workspace on either side of the pipeline will be excavated through the wetland, after which the pipeline will be installed and the wetland soil material be reinstated. Extra care will be taken to ensure that the area of wetland that is affected be reinstated properly, leaving the wetland in an improved or at least the same state as before construction. This will entail: . Removing wetland vegetation and preserving it at a nursery; . Removing soil to stockpiles; . Laying the pipe; . Replacing soil, in reverse, to ensure that the soil strata is maintained; and . Reinstating wetland vegetation.
4.3.2 Pipe Bridges - Technology Alternative 2
The alternative method of installation is pipe bridges which will be constructed over the wetlands (Figure 4-1). This will entail excavations in the wetlands for the pipe bridge piers’ foundations, after which the wetland soils will be reinstated to the condition it was in before construction, as a minimum rehabilitation measure.
Temporary shutterboards will be laid down in adjacent areas to protect wetland vegetation from traffic during construction.
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Figure 4-1: Typical Pipe Bridge Crossing
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5 DESCRIPTION OF THE BASELINE ENVIRONMENT
5.1 Climate5
The site falls within the KwaZulu-Natal Coastal Belt (CB 3) vegetation unit as defined by Mucina and Rutherford (2006). This vegetation unit experiences summer rainfall with some rain in winter. The area is characterised by high air humidity and no frost. Mean annual precipitation is approximately 973 mm and mean annual potential evaporation is 1 650 mm. The rainfall average is 973 mm of rainfall. The mean temperature is 20.5 0C and the climate rating is C1, which has a none to slight limitation on crop growing.
5.2 Geology and Soils6
The area is predominantly underlain by aeolian sand and clay sediments of the Berea Formation. The major valley lines and flood plains of the Ohlanga River to the south are underlain by Quaternary alluvial deposits. Further inland, the area is underlain by micaceous sandstones and siltstones of the Vryheid and, further west, the Pietermaritzburg Formations (Ecca Group). Figure 5-1 is an extract from the Geological Map of South Africa, sheet 2930 (Durban), and shows key landmarks on the site in relation to the regional geology. The geological map of Durban shows the regional geology of the Umdloti Ridge to comprise Berea Red Formation sands and clayey sands overlying Vryheid Formation Sandstone at depth.
Figure 5-1: Regional Geology
5 Information extracted from the Wetland Functional Report prepared by SiVEST (2015). 6 Extracted from the Geotechnical Report prepared by SMEC South Africa (2016).
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The Environmental National Protection Atlas (ENPAT) GIS Database (DEAT, 2001) indicates that the site is predominantly underlain by Red Dune Cordon Sand of the Berea formation. This has given rise to the formation of red apedal soils. Apedal soils lack well formed peds other than porous micro-aggregates and are weakly structured. Apedal soils tend to be freely drained, and due to overriding climatic conditions, these soils will tend to be dystrophic (low base status). The soils across most of the Sibaya Estate have been highly disturbed for as long as it has been utilised as a commercial sugarcane farm. Regular ploughing along with the sugarcane production cycle has resulted in extensive disruption to the wetland soils. Some compaction of soils has occurred in those wetland areas with roads or tracks running through them. According to the BRU Unit Information the erosion rating for the site translates to a very high risk of erosion (Camp, 1995).
5.3 Topography7
The site is undulating with rounded hilltops and ridge lines separated by broad, moderately sloping valleys and valley heads. Elevation ranges from around 130 m down to 58 m average mean sea level (amsl). Mean average slope is approximately 12% and a maximum slope of 30%.
The topography of the site, for the most part, comprises gently sloping hillsides (generally gentler than 1:10) in the southern half of the site and moderately sloping areas (±1:5 to 1:10) in the northern half of the site. Exception to the above topography is in localised areas along the eastern site portions where slopes steepen considerably and reach gradients of 1:3 and even 1:2 in places. The northern hillsides rise to a high point of 121 msl. The main valley lines drain in a seaward direction with N-S trending minor valley depressions branching off. The site investigation revealed only one valley line to have permanent surface and subsurface seepage which is the northern most valley line following the Main Road down to Umdloti.
5.4 Land Cover8
The proposed receiving environment through which the pipeline is proposed to be aligned is for the most part dominated by commercial sugarcane production. In areas where the pipeline passes through a number of low lying areas the receiving environment is dominated by wetland habitat and associated wetland vegetation and alien invasive species. There are other limited pockets of vegetation which are not associated with wetland systems, which will also require traversing and / or the pipeline will be aligned adjacent thereto.
The pipeline will also be required to traverse two (2) major roads, namely the M4, which is a Department of Transport road, managed by eThekwini Municipality and the N2, which is owned and maintained by the South African National Roads Agency (SANRAL).
7 Extracted from the Preliminary Design Report prepared by Hatch Goba (2015). 8 Extracted from the Vegetation Report prepared by KAEC (2016).
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5.5 Agricultural Potential9
The site falls within BioResource Unit (BRU) Ya 14. This Ya14 BRU is found in BioResource Group 1 (BRG subgroup 1.3) that is defined as ‘Moist Coastal Forest, Thorn and Palm Veld’. The vegetation consists of bushed grassland and bushland thicket. Indicator species are Syzygium cordatum (Water Berry) and Strelitzia nicolae (Natal Wild Banana).
The soils are predominantly Clansthal Series soil, and these have good soil water characteristics and a reasonable potential in good seasons. Good seasons include well distributed rainfall and sufficient incoming solar radiation.
In recent years, reasonably good sugarcane yields have been obtained, ranging from 48.9 to 63.2 t under dryland production. Low rainfall not well distributed throughout the year and lack of water resources on the Sibaya Estate, are severe limitations. Land capability on these properties varies between Class III and IV due to the limitations that exist, and with respect to agricultural land categories these properties tend toward Category C (KZN Agric Report N/A/2012/11).
There is electricity on the Estate and the road infrastructure to and from the Estate is excellent. The in- field road network is very good. There is existing agricultural infrastructure (sheds, workshops, offices, dwellings for staff, etc.) on the Estate but need to be maintained and in some cases refurbished.
5.6 Cultural Heritage10
The archaeological database indicates that there are archaeological sites in the general area. These sites include all types of Stone Age and Iron Age sites. Most of the sites were surveyed as part of the Sibaya Casino site and road interchange (Anderson 1997, 2003). One of these sites was excavated and had human remains. No national monuments, battlefields, or historical cemeteries are known to occur in the study area.
5.7 Vegetation11
At a broad-scale, the site is situated within the KZN Coastal Belt vegetation unit, as defined by Mucina and Rutherford (2006). The KwaZulu-Natal Coastal Belt is distributed in a long, and in places broad, coastal strip along the KwaZulu-Natal coast, from near Mtunzini in the north, via Durban to Margate and just short of Port Edward in the south. Altitude ranges from about 20 – 450 m.
This vegetation unit predominantly comprises subtropical coastal forest with patches of primary grassland prevailing in hilly, high rainfall areas where pressure from natural fire and grazing regimes prevailed (Mucina and Rutherford, 2006).
This vegetation unit is considered endangered by Mucina and Rutherford (2006) with only a very small part conserved in Ngoye, Mbumbazi and Vernon Crookes Nature Reserves. About 50% of this veld type has already been transformed for cultivation and by urban sprawl. In these areas much of the remaining
9 Extracted from the Agricultural Potential Assessment for the Sibaya Precinct prepared by Mottram and Associates. 10 Extracted from the Heritage Report prepared by Umlando (2016). 11 Information extracted from the Wetland Functional Report prepared by SiVEST (2015).
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vegetation has been severely encroached upon by alien invasive species that include Chromolaena odorata, Lantana camara, Melia azedarach and Solanum mauritianum.
At present, the majority of the site has been cleared for sugarcane cultivation. Remnants of invaded and highly disturbed coastal and riparian bush remain where cane cultivation was not feasible. These areas include the lowest portion of the identified drainage lines and bottomlands. Natural communities that still exist appear to be maintained annually, as part of the estate’s maintenance. The wetlands to be rehabilitated have all been cleared for cane cultivation. Typical wetland species such as of Typha capensis, Phragmites australis and Cyperus textilis are confined to the beds and banks of the artificial drainage channels dug along these in-land wetland units.
5.8 Water Resources12
5.8.1 Catchment Details
The site falls within the Pongola to Mzimkulu Water Management Area and specifically within the Mgeni, Mdloti and Tongati Key areas. The responsible authority for the catchment and sub-catchment of the project area is the DWS, KwaZulu-Natal Region. The site is located within Quaternary Catchment U30B.
5.8.2 Wetlands
Hydro-geomorphic (HGM) units within this land use class include floodplains, channelled and un- channelled valley bottoms. To ensure consistency, these units have been labelled based on the names used in previous assessments for the Sibaya Precinct (Figure 5-2). Six (6) wetland HGM units were identified along the proposed alignments: . HGM 6; . HGM 26; . HGM 27; . HGM 38; . HGM 39; and . HGM 40.
12 Information extracted from the Wetland Functional Report prepared by SiVEST (2015).
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Figure 5-2: Wetlands in the Vicinity to the Sibaya Bulk Waterline
Wetland units 26, 38 and 39 will be impacted on as a result of the pipeline. In order to predict the potential impacts that a particular activity will have on a wetland system, it is important to first obtain a clear understanding of the current baseline health of the affected wetland. Thereafter, the effect of potential impacts i.e. the degree of change in a system, can be more scientifically and pragmatically assessed. In this case, where the wetlands under assessment may be in-filled by the Applicant, the assessment of wetland health also enables one to quantitatively measure what is being lost and thus calculate the off-set requirements.
A wetland catchment area analysis was undertaken to delineate each wetland catchment area as well as to determine the extent of the wetlands.
Table 5-1: Wetland areas and HGM type Wetland HGM Unit Hydro-Geomorphic Type (Under natural conditions) Area (ha)
26 Channelled Valley Bottom 1.74
38 Un-Channelled Valley Bottom 3.84
39 Channelled Valley Bottom 4.88
Overall, it can be stated that the wetlands falling along the preferred alignment are generally not extensive systems. Most are quite small (<5 hectares) in size, and have localised and limited catchment areas that
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are contained within the study area. The topography is a strong factor dictating the wetland type and characteristics in the study area. Drainage into the valley bottom areas gives rise to the occurrence of the channelled and un-channelled valley bottom wetlands. The valley bottom wetlands are generally narrow and constrained by hilly topography. The wetlands are seasonal to permanently inundated.
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6 PUBLIC PARTICIPATION PROCESS
Public participation is a process that is designed to enable all interested and affected parties (I&APs) to voice their opinion and/or concerns which enables the practitioner to evaluate all aspects of the proposed development, with the objective of improving the project by maximising its benefits while minimising its adverse effects.
I&APs include all interested stakeholders, technical specialists, and the various relevant organs of state who work together to produce better decisions.
The primary aims of the public participation process are: . to inform I&APs and key stakeholders of the proposed application and environmental studies; . to initiate meaningful and timeous participation of I&APs; . to identify issues and concerns of key stakeholders and I&APs with regards to the application for the development (i.e. focus on important issues); . to promote transparency and an understanding of the project and its potential environmental (social and biophysical) impacts (both positive and negative); . to provide information used for decision-making; . to provide a structure for liaison and communication with I&APs and key stakeholders; . to ensure inclusivity (the needs, interests and values of I&APs must be considered in the decision- making process); . to focus on issues relevant to the project, and issues considered important by I&APs and key stakeholders; and . to provide responses to I&AP queries.
The public participation process must adhere to the requirements of Regulations 41 and 42 (GNR 982) under the NEMA (as amended).
The public participation process for proposed Sibaya Bulk Waterline project will be undertaken according to the stages outlined below.
cBAR PHASE DECISION
MAKING PHASE
. Raise issues of concern
. May appeal the . Make suggestions for project development . Contribute relevant local and indigenous decision
knowledge to the environmental
assessment . Comment on the findings of the study and
the rating of the impacts
Figure 6-1: Responsibilities of I&APs
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In order to achieve a higher level of engagement, a number of key activities have taken place and will continue to take place. These included the following: . The identification of stakeholders is a key deliverable at the outset, and it is noted that there are different categories of stakeholders that must be engaged, from the different levels and categories of government, to relevant structures in the non-governmental organisation (NGO) sector, to the communities of wards of residential dwellings which surround the works; . The development of a living and dynamic database that captures details of stakeholders from all sectors; . The fielding of queries from I&APs and others, and providing appropriate information; . The convening of specific stakeholder groupings/forums as the need arises; . The preparation of reports based on information gathered throughout the BA via the PPP and feeding that into the relevant decision-makers; . The PPP includes distribution of pamphlets or Background Information Documents (BIDs) and other information packs; and . Where appropriate site visits may be organised, as well as targeted coverage by the media.
The proposed Sibaya Bulk Waterline project BA PPP has entailed the following activities.
6.1 Authority Consultation
The competent authority, the KZN EDTEA, is required to provide an EA (whether positive or negative) for the project. The KZN EDTEA was consulted from the outset of this study, and has been engaged throughout the project process.
Authority consultation included the following activities: . Pre-application meeting with Mrs Yugeshni Govender and Ms Janine Isaacs of the KZN EDTEA on the 18th March 2016. . Submission of an application for environmental authorisation in terms of Section 26 of the EIA Regulations (2014) on 22 April 2016.
6.2 Consultation with Other Relevant Stakeholders
Consultation with other relevant key stakeholders were, and will continue, to be undertaken through telephone calls and written correspondence in order to actively engage these stakeholders from the outset and to provide background information about the project during the BA process.
Relevant key stakeholders were consulted and sent pamphlets or BIDs and other information packs (where requested).
All relevant stakeholders will be allowed an opportunity to comment on the BAR.
The identified stakeholders of this project include:
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Table 6-1: Key Stakeholders OWNERS AND OCCUPIERS OF LAND ADJACENT TO THE SITE SANRAL Department of Transport Sibaya Casino eThekwini Municipality LOCAL AUTHORITY Diane van Rensberg eThekwini Municipality Cllr M.K Ndzimbomvu Councillor for Waterloo and Umdloti STATE DEPARTMENTS Ms. Weziwe Tshabalala AMAFA KwaZulu-Natal KwaZulu-Natal Department of Economic Development and Mrs. Yugeshni Govender Environmental Affairs KwaZulu-Natal Department of Agriculture, Forestry and Ms. Modise Fisheries Ms. Nonhlanhla Myeni KwaZulu-Natal Department of Agriculture Ms. Judy Reddy Department of Transport Mr. Andy Blackmore Ezemvelo KZN Wildlife Ms. Shameela Ramburan National Department of Water and Sanitation
6.3 Site Notification
The EIA Regulations (2014) require that a site notice be fixed at a place conspicuous to the public at the boundary or on the fence of the site where the activity to which the application relates and at points of access or high through traffic. The purpose of this is to notify the public of the project and to invite the public to register as stakeholders and inform them of the PP Process.
Royal HaskoningDHV erected a number of notices at various noticeable locations along the pipeline alignment (refer to Appendix E).
6.4 Identification of Interested and Affected Parties
I&APs were identified primarily from responses received from the notices mentioned above. E-mails were sent to key stakeholders and other known I&APs, informing them of the application for the project, the availability of the BAR for review and indicating how they could become involved in the project.
The contact details of all identified I&APs are updated on the project database, which is included in Appendix E.
This database will be updated on an on-going basis throughout the BA process.
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6.5 Briefing Paper
A Background Information Document (BID) BID for the proposed project was compiled in English (refer to Appendix E) and distributed to key stakeholders.
The aim of this document is to provide a brief outline of the application and the nature of the development. It is also aimed at providing preliminary details regarding the BA process, and explains how I&APs could become involved in the project.
The briefing paper was distributed to all identified I&APs and stakeholders, together with a registration / comment sheet inviting I&APs to submit details of any issues, concerns or inputs they might have with regards to the project.
6.6 Focus Group Meeting
A public meeting was not held for the project as the impacts regarding the project are predictable and can be mitigated effectively through the implementation of an EMPr. A Focus Group Meeting will be held should significant interest/issues arise in the project.
6.7 Advertising
In compliance with the EIA Regulations (2014), notification of the commencement of the BA process for the project was advertised in a local newspaper as follows: . The Mercury on 20 April 2016 (refer to Appendix E).
I&APs were requested to register their interest in the project and become involved in the BA process. The primary aim of these advertisements was to ensure that the widest group of I&APs possible was informed and invited to provide input and questions and comments on the project.
6.8 Issues Trail
Issues and concerns raised in the public participation process during the BA process have been and will continue to be compiled into an Issues Trail.
The Issues Trail is attached as Appendix E, in which all comments received and responses provided have been captured.
6.8.1 Key Issues Raised by the Public
Thus far only one comment has been received from SANRAL requesting that a formal application is made to SANRAL for the crossing of the N2 once an EA has been obtained. SANRAL further requested that the waterline is placed in a sleeve and jacked under the N2. SMEC South Africa are in the process of compiling the relevant application for SANRAL’s approval.
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6.9 Public Review of the draft Consultation BAR
The draft Consultation BAR (cBAR) will be made available for authority and public review for a total of 30 days from 22 April 2016 to 26 May 2016.
The report will be made available at the following public locations within the study area, which are all readily accessible to I&APs: . Umdloti Library: 4 Main Rd, Umdloti Beach, 4350; and . Electronically on the Royal HaskoningDHV Website: www.rhdhv.co.za.
6.10 Final Consultation BAR
The final stage in the BA process entails the capturing of responses and comments from I&APs on the cBAR in order to refine the BAR, and ensure that all issues of significance are addressed.
The final BAR (i.e. fBAR) will be the product of all comments and studies, before being submitted to KZN EDTEA for review and decision-making.
6.11 PPP Summary
A summary of the PPP is provided in Table 6-2 below, with the documents provided in Appendix E.
Table 6-2: Summary of Public Participation Process Activity Description Stakeholders were identified and a database of all I&APs were Identifying stakeholders compiled. Publishing newspaper adverts The Mercury. Distribution of a BID BIDs were distributed electronically and by hand to I&APs. Erection of site notices A number of A2 site notices were erected on the perimeter of the site. Preparation of an on-going Comments, issues of concern and suggestions received from Issues Trail stakeholders thus far have been captured in an Issues Trail. The draft Consultation Basic Assessment Report (cBAR) has been advertised and made available for a period of 30 days for public Release of Draft Report review and comment. This cBAR is now available for review until 26 May 2016. Focus Group Meeting Not expected. The fBAR will be the product of all comments and studies, before Release of final Report being submitted to KZN EDTEA for review and decision-making.
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7 SPECIALIST ASSESSMENTS
7.1 Geotechnical Assessment
The eastern portion of the bulk water main alignment traverses thick deposits of the Berea Formation, consisting of red and greyish-brown sands with varying proportions of clay and silt. Highly weathered very soft rock shale and siltstone of the Ecca Group was encountered at shallow depths at test pits WM08, WM09 and WM10. Dark grey and yellow sandy material, resembling decomposed dolerite, was encountered at test pit WM11. None of the test pits excavated for the bulk water main showed untoward signs of instability.
The following general comments may be drawn from the geotechnical appraisal: . The excavation conditions may be classified as predominantly “soft’ across the site, with isolated areas being “intermediate” in nature; . Notwithstanding this, it would be prudent to make an allowance for “hard” excavation, given how the hardness of the shale (Ecca Group) is known to vary spatially and with depth; . In general, the groundwater table is not anticipated to cause trench instability difficulties, except for the low lying portion of the bulk sewer line adjacent to the Ohlanga River (E09A – E10B). This notwithstanding, the investigation was carried out during a notably dry year, and thus shallower water tables may be encountered in the future; . In general, instability of sidewalls for trenches deeper than 1.5 m should be anticipated. A batter of 1:1 for the upper 2/3 of a 1.5 – 3.0 m trench is recommended. Deeper trenches should be reviewed by a qualified geotechnical engineer on a per-case basis; and . In general, the materials encountered indicate suitability for use as selected fill material, as per SANS 1200LB and LD. No suitable selected granular material for bedding purposes were encountered.
7.1.1 Pipe Jacking of the M4 and N2
The material profile was found to typically consist of reddish brown and grey, loose to medium dense, medium grained sand, (recent aeolian and Berea Formation). “Soft” excavation conditions were encountered at the intersection of the water main with the N2. No obstructions with regard to pipe jacking are anticipated at these locations.
The intersection of the water main with the M4 takes place in a 45 4.0 – 5.0 m deep cut embankment. The test pits here were not capable of exploring the full depth that would be required for pipe jacking (probably 5.0 – 6.0 m). For this reason DCP tests WM01A and WM01B were positioned at the toe of the cutting in an attempt to evaluate the consistency of the profile through which pipe jacking would likely be required to take place. These results did not show the existence of any obstructions, with the profile classifying as medium dense. Notwithstanding this, pipe jacking at this location will most likely require lateral support for the cut embankment. Therefore, use of the adjacent agricultural overpass is regarded more practical; and will remove the likelihood of costly lateral support being required.
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7.2 Vegetation Assessment
The findings of the Vegetation survey were split into nine (9) areas Figure 7-1.
7.2.1 M4 Easterly Side
The vegetation that occurs within a thin corridor along the M4 is of limited to no value in terms of the plant diversity. Historic disturbance and the continued agricultural practices adjacent thereto have prevented the vegetation from expanding and “relaxing” out of its current position on the easterly side and on the westerly side the M4 prevents further establishment. The vegetation is therefore contained within this narrow strip of “unusable land”.
The most common species occurring within this area are herbaceous or graminoid in nature. Only two (2) trees were encountered, both of which are Clerodendrum glabrum, a commonly occurring and often associated ruderal species, which is often associated with the ecotone of more established woody vegetation and thought of as a precursor to later successional forest (Plate 7-1). The vegetation is dominated by pioneer and ruderal indigenous species, as well as alien invasive species, such as Chromolaena odorata, Ricinus communis, Taraxacum officinale and Euphorbia hirta.
Plate 7-1: Clerodendrum glabrum sounded by Chromolaena odorata on the east of the M4 where the proposed pipe jacking will occur
7.2.2 M4 Westerly Side
The vegetation in this narrow corridor is dominated by woody species, namely, Clerodendrum glabrum and Grewia occidentalis, both of which are indigenous. Grewia occidentalis like C. glabrum is an opportunistic species which takes advantage of areas which are left fallow or have remained undisturbed by agricultural pursuits and other anthropogenic impacts. The presence of a number of creepers were noted which signifies that this area is less disturbed than the easterly side of the M4. This may be explained by the fact that the sugarcane in the vicinity of the crossing point is a little further removed, as is the road. This vegetation is growing on the top of a cut embankment and therefore road maintenance will not impact on it. The creepers identified were Senecio deltoideus, Microglossa mespilifolia and Cissampelos torulosa.
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Figure 7-1: Vegetation Survey Area
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7.2.3 Embankment Area (Road created for access during the construction of the N2)
The vegetation occurring in this area is dominated by woody species which, by the species assemblage present have been historically planted. The most prevalent species are Erythrina lysistemon and Clerodendrum glabrum. A number of other tree species have also established as a result of the change to the micro-climate. The following small (young) species were also encountered; Trichilia emetica, Euclea natalensis subsp. natalensis and Vangueria infausta. One individual, Ficus sur is large, however, it is unlikely that it will be disturbed by the proposed pipeline alignment as it falls about 15 metres from the centre line of the pipeline into the proposed open space network, as per the Sibaya Node 4 overlay.
There are also a number of alien plant species, namely Melia azedarach (tree), Lantana camara and Ricinus communis. In terms of plant species the majority were graminoid species and known invasive species, with Tragus berteronianus, Eragrostis ciliaris, Urochloa panicoides and Panicum maximum being the most prevalent.
Due to the size of the trees and the tree species, it may be possible to transplant these trees into the Open Space Network prior to construction commencing. Species such as Erythrina lysistemon must be prioritised for transplanting, if necessary, as they have a high transplanting success rate. Should this be undertaken there will be no nett loss of woody species, resulting is a positive outcome.
7.2.4 East of the N2 (seaward side)
The vegetation in this particular area comprises of predominantly indigenous vegetation, however, the majority of the vegetation is deemed recently established based on its size and the fact that the trees all appear to be of the same cohort (age class). The following woody species were identified and will potentially be lost as a result of the proposed pipeline construction. The trees are Clerodendrum glabrum, Chrysanthemoides monilifera, Brachylaena discolor and Bridelia micrantha. The remaining vegetation in this area is comprised of herbaceous indigenous species such as, Chamaecrista mimosoides, Rumex crispus and Asystasia gangetica. The remainder of the indigenous vegetation is comprised of graminoid species, such as, Chloris guyana, Digitaria eriantha, Panicum maximum, Stenotaphrum secundatum, Hyparrhenia hirta and Imperata cylindrica. Several alien plant species were also recorded in the plant species assemblage, namely, Senna didymobotrya, Schinus terebinthifolius, Ambrosia artemisiifolia, Passiflora foetida, Solanum mauritianum and Litsea glutinosa.
Due to the fact that the pipe will be required to be pipe jacked under the N2, a significant area will be disturbed as a result of the preparation for pipe jacking with pits having to be excavated in order to facilitate the pipe jacking. However, based on the vegetation recorded, it is not providing any significant value in terms of conservation or diversity and due to its isolated and its constrained nature, its loss or disturbance will not have a significant impact on the environment at large.
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Plate 7-2: Pipeline alignment (red arrow) near the culvert that runs under the N2 on the eastern side and vegetation considered to be scrubby and pioneer in nature
7.2.5 West of the N2
On the westerly side of the N2 the vegetation is dominated by alien plant species, namely, Tecoma stans a Category 1 invader species. In addition, Litsea glutinosa was also recorded. The only indigenous woody vegetation recorded were Brachylaena discolor, Bridelia micrantha, Albizia adianthifolia and Clerodendrum glabrum. All the indigenous trees were relatively small in stature and there loss would not prove significant. In the under-storey Microsorum scolopendria, Neonotonia wightii were commonly occurring. One protected plant species namely Scadoxus puniceus was recorded. This individual’s presence will require that a licence be obtained for its removal and relocation.
7.2.6 Tarred Sugarcane Road and close proximity to a Substation
The vegetation in this area is all secondary in nature. The vegetation close to where the tar commences has established due to the presence of an old Eucalyptus scrub plantation.
The trees are old and as a result thereof, vegetation has established in the under-storey. The majority of the indigenous vegetation that has established are Ficus natalensis trees which have grown around the Eucalyptus sp. individuals.
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In addition, a number of small individuals of Deinbollia oblongifolia were recorded. The other indigenous trees which were recorded were Clerodendrum glabrum, Dovyalis longispina, Psychotria capensis and Ptaeroxylon obliquum, all of which are relatively newly established given their small stature. The predominant groundcover is Asystasia gangetica. Jasminum multipartitum was recorded growing on an old Eucalyptus stump. The vegetation in this area is not significant as it grows within a narrow band, with agricultural pursuits occurring on the northerly side and the tar road and associated reserve on the southerly side. A number of alien species were also present, with Litsea glutinosa being the dominant species growing in the under-storey.
Along the road towards the substation and where the pipeline is proposed to cross the road there are a number of trees which are growing either singly or in small clumps. These are for the most part comprised of indigenous tree species, however there are some alien woody species as well. In terms of the indigenous trees the following were recorded; Bridelia micrantha, Albizia adianthifolia and Clerodendrum glabrum. In terms of the alien trees Psidium guajava, Syzygium cumini and Ricinus communis were the largest and most common.
7.2.7 Beyond the Tarred Road Crossing towards the Waterloo Reservoir
This section of the pipeline is aligned adjacent to a waste area, which has established vegetation, with the predominant woody vegetation being Schinus terebinthifolius. In addition, Arundo donax is dominant in the easterly corner. This area is adjacent to the M27, which is situated on an elevated embankment to the north. Stormwater generated off the road is directed into this area and facilitates the establishment of Arundo donax and limited Phragmites australis stands. Within this area is a significant amount of builder’s rubble and general waste that has been deposited throughout the easterly section as a result of its proximity to an egress point off the M27.
As one moves in a westerly direction along the pipeline alignment the embankment becomes steeper and from this point woody vegetation dominates the vegetation assemblage. As mentioned earlier the vegetation is dominated by Schinus terebinthifolius. Some indigenous vegetation is recorded within this area however it is dispersed and most of the trees are growing singly amongst the S. terebinthifolius. The following species were recorded; Searsia chirindensis, Apodytes dimidiata, Burchellia bubalina, Canthium inerme and Ekebergia capensis. Limited indigenous vegetation was recorded in the under-storey, with the majority noted on the periphery where these species are able to access light and water.
One individual of Scadoxus puniceus was recorded in this area, given the conditions it is likely that additional individuals will be present, but as this species is a bulb, it is often not evident as the leaves are produced early in September, may have already flowered the leaves have died back and the bulb is thus not evident. This species should be actively searched for prior to the pipeline being constructed and any individuals removed and relocated into Open Space or into a nursery.
Within the thickest vegetation the S. terebinthifolius canopy was so intertwined and thick that there was no under-storey to speak of. This species is also thought to produce allelochemicals into the soil which prevents other species from establishing and the result is the formation of homogenous stands of woody vegetation.
The pipeline then changes direction and moves away from the road and the associated woody vegetation. It crosses a field of sugarcane and a loading zone prior to entering another narrow band of woody vegetation.
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7.2.8 Thin Band of Woody Vegetation
This portion of the pipeline crosses through the vegetation at right angles. The predominant vegetation in this area is indigenous vegetation. It is also the most diverse vegetation in terms of the indigenous woody component. However, this area is adjacent to a sugarcane dirt road which bisects the woody vegetation. Further, this area has also been utilised as a site for illegal dumping and is thus quite transformed, particularly in terms of the under-storey. The most common woody species are Gymnosporia buxifolia, Maytenus peduncularis, Burchellia bubalina, Searsia chirindensis and Acacia nilotica. Two creeper species were quite apparent, Dioscorea cotinifolia and Secamone alpina, and these were growing on the trees. The only two indigenous species growing in the understorey at the position of the crossing point are Barleria obtusa and Sansevieria hyacinthoides. The Sansevieria hyacinthoides are not protected species however, they are easy to uplift and propagate and thus an effort to do so should be made.
The pipeline once it has traversed this area heads in a straight line in a westerly direction towards Waterloo Reservoir. It passes through a wetland area, where there is limited wetland plant species present due to the historic farming activities that have taken place. In addition, the most dominant species is an alien invasive species, namely Canna indica, an alien invasive which seems to proliferate in conditions where there are significant inputs of water and fertile soils. The vegetation within this area cannot be considered to be of any value as it appears to have recently established as a result of the sugarcane only recently having been replanted in this area.
7.2.9 Drainage Line prior to the Waterloo Reservoir
This drainage line and associated wetland is dominated by alien vegetation where the pipeline is proposed to cross. Within the drainage line the dominant species are Canna indica, Solanum mauritianum (Plate 7-3), Schinus terebinthifolius Ricinus communis and Chromolaena odorata.
Plate 7-3: Solanum mauritianum dominating the vegetation with the wetland / drainage line
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On the sugarcane dirty road on the easterly side and adjacent to the pipeline alignment are a number of Syzygium cumini trees which should fall outside of the pipeline corridor. However, these species are alien and thus their removal would be recommended.
7.2.10 Summary
The vegetation that occurs are non-cultivated areas which is considered to be transformed and secondary in nature. The indigenous woody and herbaceous plant species that occur within these areas are pioneer or early successional species which are able to with time create an environment in which succession may occur. However, the positioning of these species within the landscape will preclude this based on their very small size and isolated nature. Further the agricultural practices taking place adjacent thereto as well as the roads network prevents any succession from occurring as there is continued anthropogenic influences being imparted on these areas. It must be noted that with the exception of a thin band of woody vegetation, the development of woody vegetation has been opportunistic as it has established as a result of the areas not being utilised for agricultural pursuits and where for the most part fire has been excluded. This establishment infers that much of the vegetation may not be growing in the ideal positions within the landscape and thus succession will not occur.
7.3 Wetland Assessment
7.3.1 WetHealth Assessment
A summary of the Present Ecological Status (PES) based on results from the WET-Health Tool is provided in Table 7-1 below.
The health assessment of the wetland units indicates that the majority of the wetland units are seriously modified resulting from past and current land uses, and activities.
Table 7-1: Wetland PES Overall Health Score for entire Hydrology Geomorphology Vegetation HGM Wetland Unit Impact Impact Impact Impact Category Category Category Category Score Score Score Score
26 6.2 E 5.7 D 9 F 6.86 E (Seriously Modified)
38 3.2 C 5.7 D 7.1 E 5.03 D (Largely modified)
39 7.6 E 3.4 C 7.6 E 6.4 E (Seriously modified)
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7.3.2 Impacts on Wetlands
Impacts on wetlands as a result of the laying of pipelines is not expected to be significant as these areas will be rehabilitated once laying is complete. These areas are not considered ‘wetland loss’ as the wetland will be rehabilitated post-construction.
7.3.3 Wetland Rehabilitation and Off-sets
A Wetland Rehabilitation and Off-set Plan has been compiled by SiVEST.
The vision for these Wetland Rehabilitation Plan is to reinstate them as an un-channelled marsh environments characterised by a diffuse semi-permanent wetland zone along the lowest lying portions of the wetland colonised by a range of common emergent hydrophytes like Phragmites australis and Cyperus latifolius; and a diffuse seasonal wetland zone surrounding the semi-permanent zone colonised by a mix of sedges (e.g. Cyperus sphaerospermus, Cyperus textilis) and water loving/tolerant grasses (e.g. Imperata cylindrica, Ischaemum fasciculatum).
The rehabilitation goals to achieve this vision are: . Raise the local water table within the portions of the wetland unit that have been drained to within 50 cm of the surface of the wetland during low flows by plugging the artificial drainage channels. . Where the longitudinal slope of the wetland units make Goal 1 above impractical, the goal will be to stabilise and arrest erosion within the channel. . Remove the existing cane road crossings and culverts that are not going to be incorporated into the proposed development and re-vegetate the disturbed areas. . Remove all of the sugarcane from the wetland unit and its buffers and re-vegetate the seasonal and temporary wetland areas and buffers with appropriate plant species to 'kick start' succession. . Eradicate all of the alien plants within the wetland unit on an on-going basis for the lifetime of the project.
7.4 Heritage Assessment
No graves have been identified along the alignment, although the potential of graves exists and the Contractor must be cognisant of this during construction. Areas of pottery and artefacts of low significance have been encountered. Permits are in the process of being obtained to relocate these artefacts during the construction phase.
A desktop Paleontological study was undertaken for the pipeline. The study area is underlain by sedimentary rocks of the Permian-aged Pietermaritzburg and Vryheid Formations of the Ecca Group and Quaternary aged dune sand of the Berea Formation, Maputuland Group. Trace fossils are known from the Pietermaritzburg Formation, where fossils are associated with the bedding planes of shales exposed during excavation of trenches or foundations deeper than 1.5 m. A moderate paleontological sensitivity is allocated to these rocks. Very rich assemblage of plant fossils, coal beds and significant trace fossils have been described from the Vryheid Formation and a very high paleontological sensitivity is allocated to areas underlain by this Formation. Interpretation of the Google images and information gathered from experience indicates that these areas are underlain by deeply weathered soil, mostly cultivated for sugarcane farming.
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Figure 7-2: Paleontological Sensitivity
7.5 Influent and Effluent
The activity will not produce any influent or effluent, other than normal sewage generated during construction, that will be disposed of in a municipal sewage system.
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7.6 Air Quality
It is not expected that an Air Quality Emissions Licence will be required for this activity as there will only be limited dust liberation and emissions during construction phase due to the offloading of construction material such as sand and cement and movement of construction vehicles.
The proposed development will seek to establish best-practise approaches for air quality management as per National Standards; to effectively manage the release of any fugitive dust from construction activities, equipment and construction vehicles into the atmosphere.
7.7 Waste Management
Waste skips / bins will be provided throughout the construction site with separate skips / bins made available for debris and solid waste. Solid waste that is unsuitable for re-use for construction will be transported to a registered landfill site to avoid the pollution of surrounding areas and roads, as well as to minimize nuisance impacts such as dust and odours.
All waste will be collected and disposed of at an approved waste disposal and/or recycling facilities. It is expected that general waste will be disposed of at the Buffelsdraai Landfill site, Licence No. 16/2/7/U30/D4/Z1/P473.
All hydraulic / hazardous waste will be disposed of at a ROSE registered facility for recycling and re-use.
7.8 Noise
Noise generated during construction activities is not expected to be significant, although noise nuisance will be monitored closely. At this stage no blasting activities are expected, however, should these be required all legislated measures will be implemented and monitored.
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8 IMPACT ASSESSMENT
8.1 Introduction
Impact assessment must take account of the nature, scale and duration of effects on the environment, whether such effects are positive (beneficial) or negative (detrimental). Each issue / impact is also assessed according to the project stages from planning, through construction and operation to the decommissioning phase. Where necessary, the proposal for mitigation or optimisation of an impact is noted. A brief discussion of the impact and the rationale behind the assessment of its significance is provided in this Section. The EIA of the project activities is determined by identifying the environmental aspects and then undertaking an environmental risk assessment to determine the significant environmental aspects. The environmental impact assessment is focussed on the following phases of the project namely: . Construction Phase; and . Operational Phase.
Due to the nature of Sibaya Bulk Waterline, it is anticipated that the infrastructure would be permanent, thus, not requiring decommissioning or rehabilitation. Maintenance of infrastructure will be addressed under the operational phase.
8.2 Impact Assessment Methodology
The potential environmental impacts associated with the project will be evaluated according to it nature, extent, duration, intensity, probability and significance of the impacts, whereby: . Nature: A brief written statement of the environmental aspect being impacted upon by a particular action or activity; . Extent: The area over which the impact will be expressed. Typically, the severity and significance of an impact have different scales. This is often useful during the detailed assessment phase of a project in terms of further defining the determined significance or intensity of an impact. For example, high at a local scale, but low at a regional scale; . Duration: Indicates what the lifetime of the impact will be; . Intensity: Describes whether an impact is destructive or benign; . Probability: Describes the likelihood of an impact actually occurring; and . Cumulative: In relation to an activity, means the impact of an activity that in itself may not be significant but may become significant when added to the existing and potential impacts eventuating from similar or diverse activities or undertakings in the area.
Table 8-1: Criteria to be used for the Rating of Impacts Criteria Description
Regional (3) Local (2) National (4) Site (1) Provincial and parts Within a radius of EXTENT The whole of South Within the of neighbouring 2 km of the Africa construction site provinces construction site
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Criteria Description
Long-term (3) The impact will Permanent (4) continue or last for Short-term (1) Mitigation either by the entire operational Medium-term (2) The impact will either man or natural life of the The impact will last disappear with process will not development, but will for the period of the mitigation or will be DURATION occur in such a way be mitigated by direct construction phase, mitigated through or in such a time human action or by where after it will be natural process in a span that the impact natural processes entirely negated span shorter than the can be considered thereafter. The only construction phase transient class of impact which will be non-transitory Moderate (2) Low (1) Very High (4) High (3) Affected environment Impact affects the Natural, cultural and Natural, cultural and is altered, but natural, environment in such a social functions and social functions and cultural and social way that natural, INTENSITY processes are processes are altered functions and cultural and social altered to extent that to extent that they processes continue functions and they permanently temporarily cease albeit in a modified processes are not cease way affected Improbable (1) PROBABILITY Definite (4) Highly Probable (3) Possible (2) Likelihood of the OF Impact will certainly Most likely that the The impact may occur impact materialising is OCCURRENCE occur impact will occur very low
Significance is determined through a synthesis of impact characteristics. Significance is also an indication of the importance of the impact in terms of both physical extent and time scale, and therefore indicates the level of mitigation required. The total number of points scored for each impact indicates the level of significance of the impact.
Table 8-2: Criteria for the Rating of Classified Impacts Class Description Any positive / beneficial ‘impact’, i.e. where no harm will occur due to the activity + Any value being undertaken. A low impact has no permanent impact of significance. Mitigation measures are Low impact feasible and are readily instituted as part of a standing design, construction or (4 -6 points) operating procedure. Medium impact Mitigation is possible with additional design and construction inputs. _ (7 -9 points) The design of the site may be affected. Mitigation and possible remediation are High impact needed during the construction and/or operational phases. The effects of the (10 -12 points) impact may affect the broader environment. Very high Permanent and important impacts. The design of the site may be affected.
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Class Description impact Intensive remediation is needed during construction and/or operational phases. (12 - 14 points) Any activity which results in a “very high impact” is likely to be a fatal flaw. Status Denotes the perceived effect of the impact on the affected area. Positive (+) Beneficial impact. Negative (-) Deleterious or adverse impact. Neutral (/) Impact is neither beneficial nor adverse. It is important to note that the status of an impact is assigned based on the status quo – i.e. should the project not proceed. Therefore, not all negative impacts are equally significant.
The suitability and feasibility of all proposed mitigation measures will be included in the assessment of significant impacts. This will be achieved through the comparison of the significance of the impact before and after the proposed mitigation measure is implemented. Mitigation measures identified as necessary will be included in an EMPr.
8.3 Potential Impacts and Significance
The following sections will provide a description of the potential impacts as identified by the specialists, EAP and through the PPP as well as the assessment according to the criteria described in Table 8-1 and Table 8-2.
All potential impacts associated by the proposed development through the construction and operation of the development life-cycle have been considered and assessed in the following sections. As the infrastructure is expected to be permanent, the decommissioning phase impacts have not been considered.
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8.3.1 Soils & Agriculture
Table 8-3: Soils & Agriculture Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 2 2 2 2 -8 Medium Aspect: With 1 1 1 1 -4 Low Construction activities (site clearing). Mitigation measures: . Strip topsoil prior to any construction activities. Impact: . Topsoil must be kept separate from overburden and must not be mixed with other layer of soil Physical degradation due to the and sub-soil. removal and compaction of soil . Topsoil must not be stockpiled for an extended period of time. during construction activities. . Soil must be returned to the trench in the correct order, with topsoil on top. This must then be de-compacted.
Construction Without 2 2 2 3 -9 Medium Aspect: Construction activities (site With 1 1 1 2 -5 Low clearing). Mitigation measures: Impact: . Soil erosion is related to the water velocity and volume as well as the presence of well- Physical degradation due to soil established vegetation. Mitigation measures therefore include the development of velocity erosion as a result of exposed barriers for stormwater run-off and ensuring exposed areas are rehabilitated as detailed in the soil and topsoil. EMPr. . The stormwater management plan (SWMP) must be complied with. Without 1 2 2 2 -7 Medium Aspect: Establishment of contractor With 1 1 1 1 -4 Low
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) laydown area (camp). Impact: Mitigation measures: Impact on land use and land . The contractor laydown area must be placed in an area where agricultural activities are not capability – disturbance of soils undertaken. and/or agricultural land use . The contractor laydown area may not be placed in or in close proximity to any watercourse. potential due to the location of the . No material may be stored or equipment repaired beyond the boundaries of the contractor construction camp and laydown area. associated infrastructure.
8.3.2 Geology & Topography
Table 8-4: Geology and Topography Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 1 2 3 3 -9 Medium With 1 2 1 2 -6 Low Aspect: Mitigation measures: Foundations. . It is important to allow for on-site inspections and evaluations by an experienced engineering Impact: geologist / geotechnical engineer so that stability problems can be timeously identified and Disturbance of surface geology remedied. Construction and topography resulting in site . All earthworks should be carried out in a manner to promote stable development of all instability due to inadequate infrastructure. drainage and/or inappropriate . It is recommended that earthworks be carried out along the guidelines given in SANS 1200 engineering planning and (current version). interventions. . Earthworks and drainage measures should be designed in such a way as to prevent ponding of, or high concentrations of, stormwater or groundwater anywhere on the sites. . The geology must be returned to its pre-construction condition.
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 1 2 2 2 -7 Medium Aspect: With 1 1 1 1 -4 Low Construction activities (site clearing). Mitigation measures: . Cut embankments must be protected against surface erosion by the establishment of Impact: vegetation immediately after construction. Gully or ‘donga’ erosion by . Suitable subsoil drainage, stormwater control and preventable solutions to avoid soil erosion concentrated, uncontrolled water- will be required in areas with sandy soils, and particularly in close proximity to watercourses. flow. . Adequate stormwater surface drainage as per the stormwater management plan must be adopted.
8.3.3 Geohydrology
Table 8-5: Geohydrology Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P)
Aspect: Without 1 1 3 3 -8 Medium . Improper storage of fuels, With 1 2 1 2 -6 Low chemical etc. . Construction equipment, Mitigation measures: vehicles, workshop and wash . Potentially hazardous substances must be stored on an impervious surface in a designated bay areas. bunded area, able to contain 110% of the total volume of materials stored at any given time. . Inadequate ablutions. . Material safety data sheets (MSDSs) are to be clearly displayed for all hazardous materials. Construction . The integrity of the impervious surface and bunded area must be inspected regularly and any Impact: maintenance work conducted must be recorded in a maintenance report. Groundwater contamination as a . Employees should be provided with absorbent spill kits and disposal containers to handle result of: spillages. . Spillage of fuels, lubricants and . Train employees and contractors on the correct handling of spillages and precautionary other chemicals. measures that need to be implemented to minimise potential spillages. . Construction equipment, . All earth moving vehicles and equipment must be regularly maintained to ensure their
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) vehicles, workshop and wash integrity and reliability. No repairs may be undertaken beyond the contractor laydown area. bay areas will be a likely . Immediate reporting and rectification of any incident that might lead to pollution. source of pollution as a non- Implementation of best practice methods to prevent potential incidents from occurring e.g. an point source. Environmental Management System (EMS) reporting and monitoring system. . Lack of provision of ablutions . An Emergency Preparedness and Response Plan will be developed and implemented should that may lead to the creation of an incident occur. informal ablutions. . Access to storage areas on-site must be restricted to authorised employees only. . Contractors will be held liable for any environmental damages caused by spillages. . The construction workforce must have adequate sanitation facilities. . The sanitation facilities should be on-site before the extended workforce is employed to ensure that no unauthorised sanitation practices are implemented on-site. . Potential construction practices that might lead to groundwater contamination should be conducted on areas with impervious surfaces to avoid infiltration of contaminated substances into the groundwater aquifer. . All contaminated stormwater should be treated before being discharged into the surrounding natural environment. Aspect: Without 3 3 4 3 -13 Very high Construction routes through With 2 2 2 2 -8 Medium wetland systems. Mitigation measures: Impact: . Construction routes through wetland systems should have adequate drainage to avoid the Compacting of soils may lead to damming of water and the hindering of natural sub-surface water flow. changes in subsurface water flow.
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8.3.4 Biodiversity
Table 8-6: Biodiversity Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 1 1 2 3 -7 Medium Aspect: With 1 1 1 1 -4 Low Clearing of vegetation for the construction of the pipeline. Mitigation measures: Impact: . Workers must be limited to areas under construction within the 10 m construction servitude. Disturbance to Scadoxus puniceus . A licence must be obtained from EKZN Wildlife for the Scadoxus puniceus individuals that were recorded during the field survey. In addition, in order to ensure compliance the licence and Sansevieria hyacinthoides must apply for a greater number of individuals than were recorded as it is likely that some species which will need to be were missed during the field survey, due to the relatively late undertaking of the specialist relocated to the Cornubia Nursery. assessment. The S. puniceus should be placed into bags and taken to the nursery site at Cornubia. Without 1 3 1 3 -8 Medium Construction Aspect: With 1 1 1 1 +4 Low Clearing of riparian vegetation for Mitigation measures: construction of pipeline and . Disturbed areas of natural vegetation as well as cut and fills must be rehabilitated reservoir. immediately to prevent soil erosion. Impact: . Construction contractors must be fully briefed on the areas which are of higher sensitivity Loss / degradation of wetland along the pipeline route. habitat. . Preventative measures to keep the area in the state it was found, must be sought. . Rehabilitation must be done according to the Wetland and Open Space Rehabilitation Plan as soon as the laying of the pipeline is complete. Without 1 1 2 3 -7 Medium Aspect: With 1 1 1 1 -4 Low
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Vegetation site clearing. Mitigation measures: Impact: . Vegetation clearance must be restricted to the actual pipeline trench (1.5-2 m) within the pipeline servitude (10 m on either side). Clearing and loss of natural . All alien vegetation in the pipeline servitude and densifiers (that create a fire hazard), shall be vegetation and habitat cleared and treated with herbicides. fragmentation. o The use of herbicides shall only be allowed after a proper investigation into the necessity, the type to be used, the long-term effects and the effectiveness of the agent. o The ECO must approve the use of herbicides. . Disturbed areas of natural vegetation as well as cut and fills must be rehabilitated immediately to prevent soil erosion. . Contract employees must be educated about the value of wild animals and the importance of their conservation. . Severe contractual fines must be imposed and immediate dismissal on any contract employee who is found attempting to snare or otherwise harm remaining faunal species. . No animals must not be intentionally killed or destroyed and poaching and hunting must not be permitted on the site.
Aspect: Without 1 1 2 3 -7 Medium Clearing of vegetation for With 1 1 1 1 -4 Low Operations maintenance. Impact: Mitigation measures: Habitat loss and fragmentation. . Workers must be limited to areas under construction within the 10 m construction servitude.
Without 1 1 2 3 +7 Medium With 1 1 1 2 +7 Medium Alien invasive species eradication Mitigation measures: Cumulative as part of the rehabilitation . Alien invasive eradication must be done as part of the rehabilitation, particularly as both programme. Cornubia North and Sibaya are to be developed over the next few years and clearing and management of aliens now will reduce the capital costs of management and removal in the future. In addition, this alien management will comply with the provisions of Conservation of Agricultural Resources Act (CARA) as well as the NEM:BA.
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8.3.5 Wetlands
Table 8-7: Wetland Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 2 2 2 3 -9 Medium With 1 1 1 1 -4 Low Mitigation measures: . All construction footprint areas must remain as small as possible and should as far as possible not encroach into surrounding more sensitive areas. It must be ensured that the riparian and drainage line systems not proposed to be crossed, and their associated buffer zones are off-limits to construction vehicles and personnel. Aspect: . The boundaries of footprint areas are to be clearly defined and it should be ensured that all Construction activities within activities remain within defined footprint areas. watercourses. . The working servitude in wetlands must not exceed 10 m on either side. Impact: . Any areas where bank failure is observed, due to the pipeline infrastructure, should be immediately repaired. Construction Site clearing, the removal of . As far as possible the existing road network must be utilised, minimising the need to develop vegetation, and associated new access routes resulting in an increased impact on the local environment. disturbances to soils, leading to increased run-off and erosion with o Should temporary roads or access routes be necessary and unavoidable, proper consequent sedimentation of planning must take place and the site sensitivity plan must be taken into consideration. o If additional roads are required, then wherever feasible such roads should be riparian/wetland habitat. constructed a distance from the more sensitive riparian areas and not directly adjacent thereto. o If crossings are required they should cross the systems at right angles, as far as possible to minimise impacts in the receiving environment. . All areas of increased ecological sensitivity should be marked as such and be off limits to all unauthorised construction and maintenance vehicles and personnel. . The duration of impacts on the wetlands systems should be minimised as far as possible by ensuring that the duration of time in which flow alteration and sedimentation will take place is minimised.
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) . Appropriate sanitary facilities must be provided for the life of the construction and all waste removed to an appropriate waste facility. . No informal fires should be permitted in within the study area. . Ensure that an adequate number of rubbish bins are provided so as to prevent litter and ensure the proper disposal of waste generated during construction activities. . Edge effects of activities, particularly erosion and alien/weed control need to be strictly managed. . The EMPr will advise on special (and on-going) monitoring activities that will target areas that have been identified as medium to high sensitivity areas within the project site. Without 2 1 2 2 -7 Medium With 1 1 1 1 -4 Low Aspect: Construction activities within Mitigation measures: watercourses. . All areas of increased ecological sensitivity should be marked as such and kept off limits to all Impact: unauthorised construction and maintenance vehicles as well as personnel. Movement of construction vehicles . All vehicles must be regularly inspected for leaks. Re-fuelling must take place on a sealed within the wetlands. surface area to prevent ingress of hydrocarbons into topsoil. . All spills, should they occur, must be immediately cleaned up and treated accordingly. . The EMPr will advise on special (and on-going) monitoring activities that will target areas that have been identified as medium to high sensitivity areas within the project site. Without 2 4 3 3 -12 High With 1 2 2 2 -7 Medium Mitigation measures: Aspect: . Proliferation of alien and invasive species is expected within any disturbed areas particularly Construction activities within as there is a high degree of alien and invasive species within the study area at present. watercourses. These species should be eradicated and controlled to prevent further spread beyond the Impact: study area. Proliferation of alien vegetation in . Alien vegetation along the proposed pipeline should be removed and care taken to ensure no disturbed areas. more alien plant growth occurs within the newly disturbed areas. . Alien plant seed dispersal within the top layers of the soil within footprint areas, that will have an impact on future rehabilitation, has to be controlled. . Care should be taken with the choice of herbicide to ensure that no additional impact and loss of indigenous plant species occurs due to the herbicide used; . Footprint areas should be kept as small as possible when removing alien plant species; and
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) . No vehicles should be allowed to drive through designated sensitive drainage line and riparian areas during the eradication of alien and weed species. . The EMPr will advise on special (and on-going) monitoring activities that will target areas that have been identified as medium to high sensitivity areas within the project site. Without 2 1 2 2 -7 Medium With 1 1 1 1 -4 Low Mitigation measures: . To prevent the further erosion of soils, management measures may include berms, soil traps, hessian curtains and stormwater diversion away from areas particularly susceptible to erosion. Aspect: . Install erosion berms during construction to prevent gully formation. o Berms every 50 m should be installed where any disturbed soils have a slope of less Construction activities within than 2%, every 25 m where the track slopes between 2% and 10%, every 20 m where watercourses. the track slopes between 10% and 15%, and every 10 m where the track slope is greater than 15%. Impact: . Sheet run-off from access roads should be slowed down by the strategic placement of berms Earthworks within riparian/wetland and sandbags. habitats and in the vicinity of these . As far as possible, all construction activities should occur in the low flow season, during the areas leading to increased run-off drier winter months. and erosion and altered run-off . All soils compacted as a result of construction activities falling outside of footprint areas should be ripped and profiled. Special attention should be paid to alien and invasive control patterns. within these areas. . Alien and invasive vegetation control should take place throughout all construction and rehabilitation phases to prevent loss of floral habitat. . Monitor all areas for erosion and incision, particularly any riparian/wetland crossings. Any areas where erosion is occurring excessively quickly should be rehabilitated as quickly as possible. . The EMPr will advise on special (and on-going) monitoring activities that will target areas that have been identified as medium to high sensitivity areas within the project site.
Without 2 1 2 2 -7 Medium Aspect: Construction activities within With 1 1 1 1 -4 Low watercourses. Watercourses do occur within the proposed project development area, although the proposed
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) infrastructure is aligned along existing roads where disturbance has already occurred. Impact: Mitigation measures: Dumping of waste, including waste . Appropriate sanitary facilities must be provided for the life of the construction and all waste material spills and refuse deposits removed to an appropriate waste facility. into the riparian/wetland areas. . Ensure that an adequate number of rubbish bins are provided so as to prevent litter and ensure the proper disposal of waste generated during construction activities. . Implement effective waste management in order to prevent construction related waste from entering the drainage line and riparian environments. . The EMPr will advise on special (and on-going) monitoring activities that will target areas that have been identified as medium to high sensitivity areas within the project site.
Cumulative Improvement in the health of Without 2 1 1 2 +6 Low wetlands as a result of With 2 3 3 4 +12 Very high rehabilitation of the wetland and buffer zones. Mitigation measures: . A Wetland and Open Space Rehabilitation Plan must be compiled. . The future owners within the development must be educated on the importance of wetland preservation.
8.3.5.1 Wetland Impacts associated with the Alternative Methods of Crossing (i.e. Trenching vs Pipe Bridges)
Table 8-8: Crossing Wetland via Trenching – Technology Alternative 1 Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 3 2 3 4 -12 High Aspect: Construction activities within With 1 1 1 1 -4 Low watercourses. Mitigation measures: Impact: Construction . All construction footprint areas must remain as small as possible and should as far as Site clearing, the removal of possible not encroach into surrounding more sensitive areas. vegetation, and associated . The boundaries of footprint areas are to be clearly defined and it should be ensured that all disturbances to soils, leading to activities remain within defined footprint areas. increased run-off and erosion with . The working servitude in wetlands must not exceed 10 m on either side.
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) consequent sedimentation of . Any areas where bank failure is observed, due to the pipeline infrastructure, should be riparian/wetland habitat. immediately repaired. . The duration of impacts on the wetlands systems should be minimised as far as possible by ensuring that the duration of time in which flow alteration and sedimentation will take place is minimised. . Rehabilitation of the wetland system must be done immediately on trench closure.
Table 8-9: Crossing Wetland via Pipe Bridges – Technology Alternative 2 Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 2 2 2 4 -10 High With 2 1 2 2 -7 Medium Aspect: Construction activities within Mitigation measures: watercourses. . All construction footprint areas must remain as small as possible and should as far as Impact: possible not encroach into surrounding more sensitive areas. . The boundaries of footprint areas are to be clearly defined and it should be ensured that all Construction Site clearing, the removal of activities remain within defined footprint areas. vegetation, and associated . The working servitude in wetlands must not exceed 10 m on either side. disturbances to soils, leading to . Any areas where bank failure is observed, due to the pipeline infrastructure, should be increased run-off and erosion with immediately repaired. consequent sedimentation of . The duration of impacts on the wetlands systems should be minimised as far as possible by riparian/wetland habitat. ensuring that the duration of time in which flow alteration and sedimentation will take place is minimised. . Rehabilitation of the wetland system must be done immediately on installation.
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8.3.6 Air Quality and Odour
Table 8-10: Air Quality and Odour Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 2 2 2 3 -9 Medium With 1 1 1 2 -5 Low Mitigation measures: . Dust must be suppressed on the construction site during dry periods by the regular application of water. Aspect: . Water used for this purpose must be used in quantities that will not result in the generation of Construction activities (site run-off. clearing; operation of vehicles, . Dust dispersion from construction activities, roads, soil stockpiles and other construction equipment etc.). locations will be limited and suppressed to the maximum extent practical. Impact: . Surplus fill material sites and stockpiles will be positioned such that they are not vulnerable to wind erosion. Construction Fugitive dust emissions from debris handling and debris piles; mobile . Cover skips and trucks which are loaded with construction materials. plant/machinery and general . All piles should be maintained for as short a time as possible and should be enclosed by construction activities. wind-breaking enclosures of similar height to the pile. . Stockpiles should be situated away from the site boundary, watercourses and nearby receptors and should take into account the predominant wind direction. . A speed limit of 40 km/hr should be set for all vehicles travelling over exposed areas or near stockpiles. . Dust and mud should be controlled at vehicle exit and entry points to prevent the dispersion of dust and mud beyond the site boundary. Without 2 1 3 3 -9 Medium Aspect: Construction activities (site With 2 1 2 2 -7 Medium
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P)
clearing; operation of vehicles, Mitigation measures: equipment etc.). . All mobile plant and equipment must be in good working order. Impact: . A register must be maintained for vehicle maintenance. Generation of fumes from vehicle . All mobile plants that are unable to be repaired immediately must be removed from service emissions may pollute the air. until such time as they are in good working condition.
Aspect: Without 1 2 3 2 -8 Medium Chemical toilets. With 1 1 1 2 -5 Low Impact: Mitigation measures: Release of odours as a result of . Chemical toilets must be provided and cleaned on a regular (weekly) basis. the chemical toilets on-site. . Servicing receipts must be maintained and kept on site within the site environmental file.
8.3.7 Noise
Table 8-11: Noise Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 1 1 3 3 -8 Medium With 1 1 1 2 -5 Low Aspect: Constructions staff, vehicles and Mitigation measures: equipment. . All construction activities must be undertaken according to daylight working hours. . The Contractor may consider providing all equipment with standard silencers. Maintain Construction Impact: silencer units in vehicles and equipment in good working order. Increase in noise pollution from . All mobile plant and equipment must be regularly maintained to ensure their integrity and construction vehicles and reliability. construction staff. . Construction staff working in an area where the 8-hour ambient noise levels exceed 75 dBA must have the appropriate Personal Protective Equipment (PPE). . All operations should meet the noise standard requirements of the Occupational Health and
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Safety Act (Act No. 85 of 1993). . Surrounding communities and adjacent landowners are to be notified upfront of noisy construction activities (blasting and excavations). . A Complaints Register is to be kept at the Site Office at all times.
8.3.8 Visual
Table 8-12: Visual Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 2 3 2 1 -8 Medium Aspect: With 2 2 1 1 -6 Low Construction activities. Mitigation measures: Impact: . Limited clearing of vegetation on the development site. This will retain the screening function During construction the clearing and of natural vegetation. grading of the site would create a . Carefully plan to reduce the construction period. Construction visual scar in the landscape. . Locate the construction camp and storage areas in zones of low visibility i.e. behind dense Exposed bare soil would contrast bush or in lower lying areas. with the prominently green multi- . Minimise vegetation clearing and use a phased approach, only clearing vegetation when crop fields. Large construction required. vehicles and equipment may also . Areas of dense bush on the boundaries of the development site should be left intact. be visible to receptors within the . Rehabilitate cleared areas as soon as possible. study area. . Dust suppression techniques should be made use of. . Maintain a neat construction site by removing rubble and waste materials regularly.
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8.3.9 Traffic
Table 8-13: Traffic Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 1 2 2 3 -8 Medium With 1 1 1 2 -5 Low Mitigation measures: Aspect: . Arrangements must be made with local communities in order to accommodate construction Construction activities. vehicles on existing road networks. Construction Impact: . All damaged roads must be repaired by the contractor. Increase in traffic from construction . Construction vehicles are to avoid main roads during peak traffic hours. vehicles. . All vehicles entering the site are to be roadworthy. . Seatbelts are to be worn at all times. . When using heavy or large vehicles / equipment, "spotters" are to be present to assist the driver with his blind spots. . Any incident or damage to a vehicle must be reported immediately.
8.3.10 Stormwater
Table 8-14: Stormwater Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P)
Aspect: Without 1 2 3 3 -9 Medium Construction Construction activities. With 1 1 1 2 -5 Low
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Mitigation measures: Impact: . Sandbag berms must be placed at regular intervals on all steep slopes on the trench line Increased run-off as a result of before and after backfilling in order to minimise erosion and contaminate stormwater run-off construction activities and bare, into water courses. exposed ground. Potential knock-on . When the trench line runs across sloping ground, the topsoil excavated from the trench must impacts to nearby watercourses be stored on the down-slope side of the trench and the sub-soil on the up-slope side. and their related wetlands through o This is important for two reasons, firstly, the larger volume of soil is stored upslope of the erosion and siltation. trench so that if soil fines and silt are washed off the stockpile during rainfall events, these are washed into the trench and not into a water course, and secondly, it is important to separate the two so that the topsoil is placed on top of the subsoil when the trench is backfilled. o This is essential to promote rapid growth of vegetation during the rehabilitation phase. . Newly excavated pipeline trenches on steep slopes must have sandbag berms placed on either side of the trench line radiating out from the soil stockpiles at 10 m intervals. o The berms must point very slightly downhill to prevent stormwater build up. o These berms will greatly reduce the volume of stormwater polluted with silt and soil fines which could impact on rivers and streams below the pipelines and will minimise erosion of bare areas. o Silt and soil fines that build up on the inside of these berms must be removed and placed back on the soil stockpiles. o Stone packs should be placed at the discharge points at the ends of these berms to prevent erosion if necessary. . Once the trenches have been backfilled and the soil compacted, sandbag berms must be placed across the trench lines at 10 m intervals. o Berms must be angled just off 90º to the slope to prevent the build-up of stormwater on the inside of the berm. o Wattle or Gum poles must be pegged in place between the berms to further slowdown the flow of stormwater. The poles must be at least 130 mm in diameter. o The berms will minimise erosion and pollution and will contribute to vegetation growth in a shorter time frame. o Stone packs should be placed at the ends of the berms to prevent erosion at discharge points if necessary. . Suitable erosion control measures shall be implemented at stormwater discharge points,
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) exposed areas and embankments. These measures could include: o The suitable use of sandbags or soil saver; o The prompt rehabilitation of exposed embankment areas with indigenous vegetation; and o The removal of vegetation, only as it becomes necessary for work to proceed. . Over-wetting, saturation and unnecessary run-off during dust control activities and irrigation must be avoided. . Surface water and stormwater must be minimised and not allowed to flow down cut or fill slopes or along pipeline routes without erosion protection measures, as previously discussed, being in place. . All overflow and scours channels shall be lined with stone pitching along their length and at their points of discharge to prevent soil erosion. The point of discharge from these channels must be at a point where there is dense natural grass cover or should have a suitable diffuser mechanism linked to the discharge point. . Channels shall not discharge straight down the contours. These must be aligned at such an angle to the contours that they have the least possible gradient. . All run-off must be collected and channelled to discharge via surface spreaders into drainage lines. . Upon completion of backfilling, sandbag berms must be placed across the bare area created by the trench line. These berms must be angled just off 90º. . The intention is to have a minimum distance of open trench with stockpiled soils exposed to rainfall and stormwater flow at any one time. It is essential that construction and rehabilitation is completed as quickly as is reasonably possible. . The contractor is to adhere to and implement the SWMP.
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8.3.11 Heritage Impacts
Table 8-15: Heritage Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 1 4 2 3 -10 High With 1 2 1 2 -6 Low Mitigation measures: . Grave/ heritage areas are to be marked as ‘No-Go’ Areas and a 20 m buffer to the graves is to be established. . All graves must be accorded the highest level of protection and may not be disturbed without both family consent and a permit from AMAFA. . Under no circumstances shall any artefacts be removed, destroyed or interfered with by anyone on the site. Aspect: . All sections of the development that are allocated a Very High to High Palaeontological Site clearing. sensitivity will require a suitably qualified Palaeontologist present to collect the fossils Impact: according to SAHRA and AMAFA specifications as part of a Phase 1 Palaeontological Impact Construction Disturbance of sites of Assessment during the initial stages of excavation. The relevant permit must be obtained archaeological, historical, from AMAFA prior to construction commencing. paleontological and cultural . Contractors and workers shall be advised of the penalties associated with the unlawful significance. removal of cultural, historical, archaeological or paleontological artefacts, as set out in the National Heritage Resources Act (Act No. 25 of 1999), Section 51(1). . It is advisable that an information section on cultural/heritage resources be included in the Environmental Induction training and a chance-find procedure be developed. All contractors involved in surface earthmoving activities must be trained on these procedures. . These sections must include basic information on: o Heritage; o Graves; o Archaeological finds; and o Historical Structures. o The archaeologist needs to document (record / photograph) and evaluate the finds on- site, and make recommendations towards possible mitigation measures.
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8.3.12 Socio-economic & Health
Table 8-16: Socio-economic and Health Impacts – Preferred Alignment Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) Without 2 3 3 4 +12 High With 3 3 3 4 +13 Very High Aspect: Mitigation measures: Construction activities. . All labour (skilled and unskilled) and Contractors should be sourced locally where possible. . A labour and recruitment policy will be developed, displayed and implemented by the Impact: contractor. Expected to provide in excess of 60 . Recruitment at the construction site will not be allowed. jobs during the construction phase. . Where possible, labour intensive practices (as opposed to mechanised) should be implemented. . The principles of equality, BEE, gender equality and non-discrimination will be implemented.
Aspect: Without 2 2 2 2 -8 Medium Construction Construction activities. With 2 1 1 1 -5 Low Impact: Mitigation measures: Job creation during the construction . If possible all labour should be sourced locally. phase could result in the influx of . Contractors and their families may not stay on-site. people to the area. . No informal settlements will be allowed.
Aspect: Without 2 2 3 2 -9 Medium Construction activities. With 2 2 1 1 -6 Medium Impact: Mitigation measures: Contractors, the influx of people and . The developers need to be actively involved in the prevention of social ills associated with potential job creation will result in contractors.
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Significance Phase Potential Aspect and/or Impact Mitigation Extent (E) Duration (D) Intensity (I) Probability (P) (E+D+I+P) the proliferation of social ills and . If possible all labour should be sourced locally. issues such as crime, prostitution, . Contractors and their families may not stay on-site. the spread of HIV/AIDS, informal . No informal settlements will be allowed. settlements etc. Lack of provision of . Contractors must be educated about the risk of prostitution and spread of HIV and AIDS. ablutions that may lead to the . Strict penalties will be built into tenders to deal with issues such as petty crime, stock theft, creation of ‘informal ablutions’ within fence cutting, trespassing etc. or close to a surface water resource. . No poaching of wildlife or selling of firewood will be allowed. Without 2 2 2 1 -7 Medium Aspect: With 1 2 1 1 -5 Low Construction activities. Mitigation measures: Impact: . Members of the public adjacent to the construction-site should be notified of construction Public safety during construction. activities in order to limit unnecessary disturbance or interference. . Construction activities will be undertaken during daylight hours. Without 1 2 3 2 -8 Medium With 1 2 1 1 -5 Low Aspect: Construction activities. Mitigation measures: . Ensure the appointment of a Safety Officer to continuously monitor the safety conditions Impact: during construction. Contractor’s staff safety during . All construction staff must have the appropriate PPE. construction. . The construction staff handling chemicals or hazardous materials must be trained in the use of the substances and the environmental, health and safety consequences of incidents. . Report and record any environmental, health and safety incidents to the responsible person.
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9 ENVIRONMENTAL IMPACT STATEMENT
9.1 Comparative Assessment of Alternatives
Table 9-1: Consolidation of Alignment Alternatives Impact Ratings – Construction Phase Preferred Alignment Impact Type Without Mitigation With Mitigation Soils & Agricultural -8 -4.3 Potential Medium Low Geology & -8 -5 Topography Medium Low -10.5 -7 Geohydrology High Medium -7.33 -1.33 Biodiversity Medium Low -8.4 -4.6 Wetlands Medium Low -8.7 -5.7 Air Quality & Odour Medium Low -5 -5 Noise Medium Low -8 -6 Visual Medium Low -8 -5 Traffic Medium Low -9 -5 Stormwater Medium Low -10 -6 Heritage High Low -4 -1.6 Socio-economic Low Low -7.9 -4.7 Average Medium Low
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Table 9-2: Consolidation of Alignment Alternatives Impact Ratings – Operational Phase Preferred Alignment Impact Type Without Mitigation With Mitigation -7 -4 Biodiversity Medium Low -7 -4 Average Medium Low
Table 9-3: Consolidation of Alignment Alternatives Impact Ratings – Cumulative Impacts Preferred Alignment Impact Type Without Mitigation With Mitigation +7 +7 Biodiversity Medium Medium +6 +12 Wetlands Low Very High +6.5 +9.5 Average Low Medium
Table 9-4: Consolidation of Technology Alternatives Impact Ratings Technology Option 1 Technology Option 2 Impact Type Trenching Pipe Bridging Without Mitigation With Mitigation Without Mitigation With Mitigation Crossing of -10 -4 -10 -7 wetland High Low High Medium
9.2 Key Findings
The area has a high paleontological significance, however, permits are in the process of being obtained to relocate the artefacts that will be encountered during construction activities. The preferred alignment is located adjacent to the existing 250 mm pipeline servitude and the road, thereby having a lower impact than the alternative alignment. Furthermore, the vegetation that occurs in non-cultivated areas is considered to be transformed and secondary in nature. The indigenous woody and herbaceous plant species that occur within these areas are pioneer or early successional species which are able to with time create an environment in which succession may occur. However, the positioning of these species within the landscape will preclude this based on their very small size and isolated nature. Furthermore, the agricultural practices taking place adjacent thereto as well as the roads network prevents any succession from occurring as there is continued anthropogenic influences being imparted on these areas. The assessment suggests that vegetation may not be growing in the ideal positions within the landscape and thus succession will not occur.
As the pipeline will cross two (2) wetlands, the option of trenching vs pipe bridging was considered. Whilst pipe bridging is traditionally less invasive, the option of locating the pipe bridge outside of the wetland was
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investigated and is environmentally not suitable due to the wetland size and the size of the pipeline diameter. Therefore, the impact on the wetland to establish the bridges is invasive and will further involve bridge piers in the wetland on a permanent basis which will permanently alter the characteristics and morphology of the wetland. Therefore, trenching is regarded to be more suitable as the wetland can be rehabilitated immediately after installation and therefore, no permanent loss of wetland area is expected.
The sensitivity map presented in Figure 9-1 must be considered when determining if the proposed Sibaya Bulk Waterline should be authorised. Whilst there are impacts on wetlands and Scadoxus puniceus, these impacts are considered to be of “low” impact after mitigation on the receiving environment.
Figure 9-1: Sensitivity Map13
13 An enlarged map is included in Appendix F.
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10 CONCLUSION AND RECOMMENDATIONS
The BA Study has been undertaken in accordance with the EIA Regulations (2014) in terms of Section 24(5) of the National Environmental Management Act (Act No. 107 of 1998) (as amended).
In order to protect the environment and ensure that the Sibaya Bulk Waterline is constructed and operated in an environmentally responsible manner, there are a number of significant pieces of environmental legislation that have been taken into account during this study. These include:
APPLICABLE NATIONAL LEGISLATION The Constitution of South Africa (No. 108 of 1996) National Environmental Management Act (Act No. 107 of 1998) (as amended) National Environmental Management: Waste Act (Act No. 59 of 2008) (as amended) National Environmental Management Biodiversity Act (Act No. 10 of 2004) National Environmental Management: Protected Areas Act (Act No. 57 of 2003) National Environmental Management: Air Quality Act (Act No. 39 of 2004) National Water Act (Act No. 36 of 1998) (as amended) Conservation of Agricultural Resources Act (Act No.43 of 1983) KZN Nature Conservation Ordinance (Ordinance No.15 of 1974) National Heritage Resources Act (Act No. 25 of 1999) National Veld and Forest Act (Act No. 101 of 1998) Hazardous Substance Act (Act No. 15 of 1973) and Regulations National Building Regulations and Building Standards Act (Act No. 103 of 1997) Occupational Health and Safety Act (Act No. 85 of 1993)
This relevant legislation has informed the identification and development of appropriate management and mitigation measures that should be implemented in order to minimise potentially significant impacts associated with the project.
The conclusions of this BAR including comments and concerns from I&APs are as a result of a comprehensive BA study. The public consultation process has been inclusive, and every effort has been made to include representatives of all stakeholders within the process.
The project is envisaged to have a “negative low” significance rating post application of mitigation measures proposed by the relevant specialists.
10.1 Assumptions, Uncertainties or Gaps in Knowledge
The BA process followed the legislated process required and as governed and specified by the EIA Regulations (2014). Inevitably, when undertaking scientific studies, challenges and limitations are encountered. For this specific BA, the following challenge was encountered: . All information provided by THD and their specialist consultants to the EAP was correct and valid at the time it was provided. . The EAP does not accept any responsibility in the event that additional information comes to light at a later stage of the process. . All data from unpublished research is valid and accurate.
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. The scope of this investigation is limited to assessing the potential environmental impacts associated with the Sibaya Bulk Waterline.
In addition to the assumptions above, the following assumptions and limitations were noted by the specialist team:
10.1.1 Geotechnical Assessment
The geotechnical investigation was confined to the alignments of the proposed bulk waterline.
The nature of geotechnical engineering is such that variations in what is reported here may become evident during construction. It is thus imperative that a Competent Person inspects all excavations to ensure that conditions at variance with those predicted do not occur and to undertake an interpretation of the facts supplied in the Geotechnical Report.
10.1.2 Wetland Assessment
This study has only focused on the functional, ecological importance and sensitivity, and ecosystem services assessment of wetlands. A wetland delineation study has previously been conducted prior to 2010 for the study area. Aquatic studies of fish, invertebrates, amphibians etc. have not been included in this report. Hydrological or groundwater studies have also not been included.
All shapefiles of the previous wetland assessment were provided. The classification exercise of the wetland HGM units was undertaken based on the wetland shapefiles that were provided.
As the study was limited to the study area (boundaries of the property and a 500 m buffer), some wetlands may have extended further than the boundary of the study site where delineation did not take place, and therefore did not form part of the functional assessment.
A thorough vegetation identification exercise was not undertaken. Recorded vegetation species was based on general observation during the field survey.
With regards to the assessment of the importance of the wetland unit, it is important to note that the WET- EcoServices tool utilised in this assessment is a rapid assessment that gives a general indication of the level of ecosystem services provided by a wetland.
This assessment is considered satisfactory for the level of assessment required for inclusion in the BA Process.
Similarly, the WET-Health assessment tool utilised to determine the present state of the wetland units is also a rapid assessment tool. This assessment is also considered satisfactory for the purposes of this assessment particularly as the wetland units are in a moderate to poor state.
10.1.3 Vegetation Assessment
Please note that the following assumptions and limitations have bearing to the Vegetation Assessment:
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. The assessment was carried out late in the season and therefore some species or individuals of a particular species may not have been recorded, provision has been made for this in the assessment; . The drought has played a role in determining the presence and absence of plant species especially herbaceous perennial species; and . The vegetation assessment for the pipeline must be read in conjunction with the previous assessment undertaken for the properties mentioned.
Having noted the assumptions and limitations above it is the specialist’s opinion that the majority of the species were recorded during the field survey, due to the degraded nature of the vegetation occurring in the areas identified to contain vegetation other than sugarcane. The only concern is related to the abundance of Scadoxus puniceus a protected plant species under the Ordinance 15 of 1974. A small number, 2 in all were recorded, however, the specialist would assume that this number is probably higher and when applying for the relocation of this species through the issuance of a permit from Ezemvelo KZN Wildlife we would apply for an additional number, in order to ensure compliance with the relevant ordinance. In addition, the total number that are identified and relocated will be captured and provided to EKZN Wildlife for their records.
10.2 Recommendations
10.2.1 Recommendations to the CA
The project, in the EAP’s opinion, does not pose a detrimental impact on the receiving environment and it inhabitants and can be mitigated significantly. Therefore, the EAP recommends the preferred alignment and the technology option 1 of trenching is authorised.
Construction is expected to commence in September 2016 and last 12 months. An EA with a validity of 2 years is recommended.
The Applicant should be bound to stringent conditions to maintain compliance and a responsible execution of the project.
In order to achieve appropriate environmental management standards and ensure that the findings of the environmental studies are implemented through practical measures, the recommendations from this BA study are included within an EMPr (refer to Appendix B).
The EMPr must be used to ensure compliance with environmental specifications and management measures.
The implementation of this EMPr for the construction phase of the project is considered to be vital in achieving the appropriate environmental management standards as detailed for this project.
In addition, the following key conditions should be included as part of the authorisation:
a) The Developer is not negated from complying with any other statutory requirements that is applicable to the undertaking of the activity. Relevant key legislation that must be complied with by the proponent includes inter alia:
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i. Provisions of the National Environmental Management Waste Act (Act No. 59 of 2008) (as amended); ii. Provisions of the National Water Act, 1998 (Act No. 36 of 1998) (as amended); iii. Provisions of the National Forests Act (Act No. 84 of 1998); iv. Provisions KwaZulu-Natal Nature Conservation Ordinance (Ordinance No. 15 of 1974); v. Provisions of the National Heritage Resources Act, 1999 (Act No. 25 of 1999); and vi. SANS 10103.
b) The Developer must appoint a suitably experienced (independent) Environmental Control Officer (ECO) for the construction phase of the development that will have the responsibility to ensure that the mitigation / rehabilitation measures and recommendations are implemented and to ensure compliance with the provisions of the EMPr.
c) The Stormwater Management Plan must be complied with.
d) The Wetland and Open Space and Rehabilitation Plan must be complied with. Whilst offsets are not required for the Sibaya Bulk Waterline specifically, the following wetlands must be rehabilitated in addition to the impacted wetlands as per the offset calculations for the Sibaya Node 1 & 5 and Ancillary Infrastructure WULA: HGM Units 5 and 8.
e) All necessary permits, licences and approvals must be obtained prior to the commencement of construction.
10.2.2 Recommendations to the Applicant
The Applicant must adhere to the recommendations provided by the specialist and the EAP. The EMPr summarises these recommendations. The Applicant must take full responsibility for the execution of the project in a manner which does not negatively impact on the environment by ensuring that responsible decisions are made.
10.3 Declaration by the EAP
The following is hereby affirmed by the EAP to be included in this report: . the correctness of the information provided in the reports; . the inclusion of all comments and inputs from stakeholders and l&APs; . the inclusion of all inputs and recommendations from the specialist reports where relevant; and . any information provided by the EAP to I&APs and any responses by the EAP to comments or inputs made by interested and affected parties.
______Signed: Humayrah Bassa Pr.Sci.Nat.
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Appendix A
Minutes of the EDTEA Pre-application Meeting
Appendix B
Environmental Management Programme
Appendix C
Specialist Studies
Appendix D
EAP CV and Knowledge Group Profile
Appendix E
Public Participation Summary
Appendix F
Maps & Facility Illustrations
Appendix G
Photographs
Appendix H
Other Items
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