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Section B: Activity Information Final Draft Basic Assessment Report for the Proposed Development of x2 Dwelling Units & Associated Infrastructure On Portion 49 & 50 of the Farm Uitzicht 216, Knysna Reference No: NEAS REF: DEA/EIA/0001554/2012 DEA REF NR. 14/12/16/3/3/1/755 BOKAMOSO December 2013 LANDSCAPE ARCHITECTS & ENVIRONMENTALCONSULTANTS P.O. BOX 11375 MAROELANA 0161 TEL: (012) 346 3810 Fax: 086 570 5659 Email:[email protected] UITZICHT 216 KNYSNA BASIC ASSESSMENT REPORT (For official use only) File Reference Number: Application Number: Date Received: Basic assessment report in terms of the Environmental Impact Assessment Regulations, 2010, promulgated in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended. Kindly note that: 1. This basic assessment report is a standard report that may be required by a competent authority in terms of the EIA Regulations, 2010 and is meant to streamline applications. Please make sure that it is the report used by the particular competent authority for the activity that is being applied for. 2. This report format is current as of 1 September 2012. It is the responsibility of the applicant to ascertain whether subsequent versions of the form have been published or produced by the competent authority 3. The report must be typed within the spaces provided in the form. The size of the spaces provided is not necessarily indicative of the amount of information to be provided. The report is in the form of a table that can extend itself as each space is filled with typing. 4. Where applicable tick the boxes that are applicable in the report. 5. An incomplete report may be returned to the applicant for revision. 6. The use of “not applicable” in the report must be done with circumspection because if it is used in respect of material information that is required by the competent authority for assessing the application, it may result in the rejection of the application as provided for in the regulations. 7. This report must be handed in at offices of the relevant competent authority as determined by each authority. 8. No faxed or e-mailed reports will be accepted. 9. The signature of the EAP on the report must be an original signature. 10. The report must be compiled by an independent environmental assessment practitioner. 11. Unless protected by law, all information in the report will become public information on receipt by the competent authority. Any interested and affected party should be provided with the information contained in this report on request, during any stage of the application process. 12. A competent authority may require that for specified types of activities in defined situations only parts of this report need to be completed. 13. Should a specialist report or report on a specialised process be submitted at any stage for any part of this application, the terms of reference for such report must also be submitted. 14. Tw December 2013 1 UITZICHT 216 KNYSNA BASIC ASSESSMENT REPORT 15. Shape files (.shp) for maps must be included on the electronic copy of the report submitted to the competent authority. December 2013 2 UITZICHT 216 KNYSNA BASIC ASSESSMENT REPORT SECTION A: ACTIVITY INFORMATION Has a specialist been consulted to assist with the completion of this section? YES NO X If YES, please complete the form entitled “Details of specialist and declaration of interest” for the specialist appointed and attach in Appendix I. 1. PROJECT DESCRIPTION General Project History and Background: Note: It is very important to read this introduction section, because it provides crucial background information that should be taken into consideration when perusing the remainder of this Basic Assessment Report. The application is for two dwelling houses and associated structures and infrastructure on Portion 49 and Portion 50 of the Farm Uitzicht 216, Knysna. A right of way servitude has been registered from Church Street in Brenton-on-Sea to the respective properties, but no physical vehicle access has yet been constructed to provide access to the properties. At present there is no formal access to any of the properties and therefore the application is also for an access road. From a town planning point of view the owners of the properties already have the right to construct dwelling houses, but the applicable environmental legislation and policies requires that an EIA application process (at the National Department of Environmental Affairs) and OSCAE Permit application process (to be submitted to the involved local authority – the Knysna Local Authority)) be followed prior to the construction of such houses and access road. According to the applicants they have engaged with the relevant authorities regarding the construction of houses and an access over a period of more than ten years and the recent history is briefly summarised below: The owners already formerly followed an application process for the proposed houses and access road. The former application was lodged at the local authority before the Amended 2010 EIA Regulations came into effect on 2 August 2010. At the time when the original applications were lodged, the proposed activities (the construction of the private homes and an access road) did not trigger any of the activities as listed in the former ECA and NEMA EIA Regulations and therefore it was not necessary to follow an EIA process. The former December 2013 3 UITZICHT 216 KNYSNA BASIC ASSESSMENT REPORT application only required that the applicant obtain an OSCAE permit from the local authority and the applicant eventually managed to obtain such permit. After the OSCAE permit was issued, the applicant still had some issues to deal with and unfortunately the delays resulted in the unexpected expiring of the OSCAE permit that was issued. Please note that the local authority issued an OCSAE permit for the above mentioned project and this means that the relevant authority already supported construction of houses and an access road (in line with the activities as described in this application) on the two properties. After the OSCAE permit expired, the applicant appointed Bokamoso Environmental to assist with the way forward and it was requested that Bokamoso meet with the local authority in order to determine whether it will be possible to revive the OSCAE permit/ to extend the validity of such permit. Bokamoso then had a meeting with the relevant officials at the Knysna Local Municipality and the local authority confirmed that the OSCAE Permit had expired and that it will not be possible to revive it/ extend its validity. The local authority furthermore indicated that there is a possibility that the proposed activities will now trigger listed activities as listed in the Amended 2010 EIA Regulations and the relevant official recommended that we peruse the EIA Regulations and determine whether any listed activities are triggered prior to re-entering into an application process for a new OSCAE Permit. The proposed construction activities were then compared with the 2010 Listed Activities and it was eventually confirmed that a few activities as listed in Listing Notices 1 and 3 will be triggered. The activities that will be triggered are listed and described in this report. Due to the fact that DEA is the delegated authority responsible for the evaluation of the EIA application, the local authority recommended that we refrain from submitting a separate OSCAE permit to them for consideration. According to the local authority the OSCAE permit will automatically be granted once the EIA authorisation has been granted by the delegated authority. Based on the above, it was decided to attach the new OSCAE permit application as part of the BA Application and it is required that the involved local authority consider the BAR as well as the OSCAE permit application and that the local authority issue the new OSCAE permit as soon as authorisation has been granted by DEA (if DEA decides to grant authorisation). Refer to Appendix J for the new OSCAE Permit Application December 2013 4 UITZICHT 216 KNYSNA BASIC ASSESSMENT REPORT The most sensitive aspect of this application is the access road to the properties. There are two possible access alternatives. The first option is to construct the access road to the proposed houses on the road servitude, which stretches from Brenton-on-Sea. The owners and the relevant authorities (The Department of Water Affairs (DWA) and the management of the Goukamma Nature Reserve) already did a thorough site walk-about (during the former application process) in order to determine the preferred alignment for the Brenton-on- Sea access road and the proposed road alignment was plotted in accordance with the GPS waypoints as determined on site during the walking exercise. The alignment as plotted mainly follows the road servitude with only a few minor deviations. The second access road alternative is to obtain access through the Goukamma Nature Reserve from the Buffelsbaai Road. There is already an access point from the Buffelsbaai road and a large section of this proposed access road already exists as an internal road of the Goukamma Nature Reserve. It will only be necessary to upgrade the existing road and to construct a small portion of road to the east in order to extend the road towards the proposed houses. The option of the proposed access road from the Goukamma Nature Reserve has always been on the table, but the owners were reluctant to consider this option, because the management of the Goukamma Nature Reserve/ Cape Nature agreed to provide access on the condition that the remainder of the owners’ properties be conserved/protected against further development by means of a Stewardship Agreement. The owners were not in favour of such an agreement, because they did not know what such an agreement entailed and they did not want their valuable land to be sterilised from future development, especially since no similar restrictions were placed on the surrounding land- owners when they obtained their accesses to their properties and when they developed their homes/facilities.
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