Annex 2B
GCS Discard Dump EMPR (2016)
Kangra Coal (Proprietary) Limited (Reg No. 2001/003104/07) Unit 12b, 2nd Floor, 3 Melrose Boulevard, Melrose Arch Melrose North 2196 Postnet Suite 379, Private Bag X1, Melrose Arch, 2076 P O Box 745, Piet Retief 2380 Telephone: +27 (0) 17 826 9700 Facsimile: +27 (0) 17 826 5284
Kangra Coal (Pty) Ltd.: Proposed Discard Dump at Maquasa East Mine Environmental Impact Report and Environmental Management Programme In terms of the Mineral and Petroleum Resources Development Act (Act No. 28 of 2002)
Report
Version – 1 26 January 2016
Kangra Coal (Pty) Ltd GCS Project Number: 13-347 DMR Reference: MP 30/5/1/23/2/1/133 & 134 EM
Submitted on behalf of Kangra Coal (Pty) Ltd. by GCS Water & Environment (Pty) Ltd. GCS Project Number: 13-347 4a Old Main Road, Judges Walk, Kloof, Kwazulu-Natal, 3610 PO Box 819, Gillitts, 3603 South Africa
GCS (Pty) Ltd. Reg No: 2004/000765/07 Est. 1987 Offices: Durban Johannesburg Lusaka Ostrava Pretoria Windhoek Directors : AC Johnstone (Managing) PF Labuschagne AWC Marais S Pilane (HR) W Sherriff www.gcs-sa.biz (Financial) Non-Executive Director: B Wilson-Jones Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Kangra Coal (Pty) Ltd. Maquasa East Discard Dump Environmental Impact Report and Environmental Management Programme In terms of the Mineral and Petroleum Resources Development Act (Act No. 28 of 2002)
Report Version – 1
26 January 2016
DOCUMENT ISSUE STATUS
Report Issue Final
GCS Reference Number 13-347
DMR Reference MP 30/5/1/23/2/1/133 MR
Kangra Coal (Pty) Ltd Maquasa East Discard Dump: Final Title Environmental Impact Report and Environmental Management Programme
Name Signature Date
Author Renee Francis-Steele January 2016
Document Reviewer Renee Janse van Rensburg January 2016
Director Pieter Labuschagne January 2016
LEGAL NOTICE
This report or any proportion thereof and any associated documentation remain the property of GCS until the mandator effects payment of all fees and disbursements due to GCS in terms of the GCS Conditions of Contract and Project Acceptance Form. Notwithstanding the aforesaid, any reproduction, duplication, copying, adaptation, editing, change, disclosure, publication, distribution, incorporation, modification, lending, transfer, sending, delivering, serving or broadcasting must be authorised in writing by GCS.
13-347 9 March 2016 Page ii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
EXECUTIVE SUMMARY
Background Kangra Coal (Pty) Ltd (Kangra) owns various operational and defunct coal mines in the vicinity of Piet Retief in the Mpumalanga Province. An application to combine the approved Environmental Management Programme (EMPr) for these operations was approved by the Department of Mineral Resources (DMR) in August 2014. These operations comprise the Maquasa East (mining completed), Maquasa West (current), Rooikop (historical) and Nooitgesien (current) mining areas, situated approximately 40km west of the town of Piet Retief.
All coal from the operational mining areas is transported via conveyors and trucks to the coal washing plant located at Maquasa East, from where the produced coal discard is dumped onto the current Discard Dump, also located within the Maquasa East surface area.
Input from the proposed future mine expansion at the proposed Savmore Colliery: Kusipongo will produce additional discard material in the future which cannot be accommodated within the existing Discard Dump footprint. To make provision for the additional discard, a new Discard Dump, to the west of the Maquasa East mining area, is proposed.
Motivation for the project In order to facilitate the proposed expansion of Kangra’s mining area and the subsequent extension of the life of mine (LoM) of these operations, a new Discard Dump is required to accommodate the additional discard material which will be produced. An expansion of the LoM will also facilitate the retention of jobs in the long term.
The option for the expansion of the existing Discard Dump was rejected because it was not considered feasible. The available area would not provide sufficient capacity for the additional discard disposal required for the extended LoM for the proposed expansions.
Summary of Proposed Development The proposed new Discard Dump will be situated on Portion 0 (RE) the farm Rooikop 18 HT, with a portion of the dump overlapping onto Portion 0 (RE) of the farm Maquasa 19HT. The dump has been designed to cover an area of approximately 65ha, to accommodate approximately 20 million tonnes of discard, comprising a volume of approximately 11 million m³ over a period of 20 years.
13-347 9 March 2016 Page iii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
The proposed new Discard Dump will be equipped with an underdrainage system, liner and catchment paddocks, Pollution Control Dam (PCD) (two compartments HDPE lined), stormwater management infrastructure such as trenches and berms, internal haul roads and fencing/access control.
The proposed dump will be developed in three compartments/phases. Each compartment will be concurrently rehabilitated to reduce the infiltration of rainwater and to reduce the amount contaminated runoff, thereby reducing the required capacity of the PCD. The proposed PCD capacity is 100 000m³, which will be able to accommodate the 1:50 year storm event, provided that concurrent rehabilitation is undertaken and that a minimum of 200m³/day of water is pumped out of the PCD.
Waste Classification An assessment of Mineralogy and Total Chemical Composition of a sample of discard found that the sample consists mostly of Gypsum and Quartz. The acid-base accounting (ABA) and net acid generation (NAG) analyses revealed that the discard material has a significant potential to generate acid mine drainage (AMD)/seepage.
Based on the comparison of the leachable concentrations (LC) and total concentrations (TC) of the discard material to the threshold limits specified in Section 6 of the Norms and Standards, the discard is classified as Type 3 Waste. This waste may only be disposed of at a landfill with a Class C liner.
Environmental Authorisation Applications The following environmental authorisations are being applied for: • Mineral Resource Development Act, 2002 (Act No. 28 of 2002) (MPRDA): An addendum to the approved EMPr is required for the proposed Discard Dump. This application constitutes an amendment to the Consolidated EMPr (approved in August 2014); • National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA): The development of the proposed Discard Dump triggers activities listed in terms of the NEMA. An environmental authorisation is required, this includes a Scoping and Environmental Impact Assessment (EIA) process; and • National Water Act, 1998 (Act No. 36 of 1998) (NWA): The construction and operation of the proposed Discard Dump and PCD require an Integrated Water Use Licence (IWUL). Furthermore, an exemption from Regulation 4 (a) of Government Notice 704, published in Government Gazette vol. 408, No. 20119 on 4 June 1999 (GN704) is required due to the proposed Discard Dump being located within 100m of
13-347 9 March 2016 Page iv Kangra Coal (Pty) Ltd Maquasa East Discard Dump
a surface water resource. These exemptions must be issued as a condition of the IWUL. • A Waste Management Licence (WML) is also required in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA), as per Government Notice Regulation 633 (GNR633), which was published in Government Gazette No. 39020 on 25 July 2015. A full scoping and EIA process is also required, which must be undertaken in terms of the NEMA Regulations. The WML application does not form part of the scope of the current process being undertaken, therefore, it is recommended that the DMR be consulted in order to determine the process to be followed in respect of the NEMWA requirements.
Public Consultation The Public Participation Process (PPP) has been undertaken for the three application processes and complied with the NEMA regulations PPP, which is more comprehensive than the MPRDA and NWA public consultation requirements. The PPP included the placement of advertisements (English and Zulu) in the Excelsior News; the placement of site notices; the distribution of Background Information Documents (BIDs); sms notifications; a Scoping Phase and an EIA Phase public meeting; the public review of the draft and final Environmental Scoping Reports (ESR); and the public review of the Draft Environmental Impact Report (EIR)/Environmental Management Programme (EMPr). The main issues raised include: • Environmental: o The proposed dump lies within one of South Africa’s registered Important Bird and Biodiversity Areas (IBAs) – IBA SA020 Grasslands (an Avifaunal Assessment has subsequently been undertaken). o What measures will be implemented to prevent impacts on air quality, groundwater and surface water resources, including the Heyshope Dam. o Are there downstream surface water users? o The impacts of Kangra’s operations on the environment such as the dewatering of wetlands (this is not part of the scope of the application as was dealt with as part of the Consolidation and Amendment application). o The project may have a secondary impact on farmer support programs run by the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (MDARDLEA) in the area, such as Masibuyele Emasimini, Masibuyele Esibayeni, etc. o The erosion identified at other parts of the mine site raises questions about Kangra’s ability to manage stormwater within the remaining mining area and the proposed site.
13-347 9 March 2016 Page v Kangra Coal (Pty) Ltd Maquasa East Discard Dump
o The soils study should focus on returning the land to its current land capability and not its current land use. o Liners sometimes fail and surface water may also be impacted on. Kangra must commit to implementing the required mitigation and monitoring measures. o Spontaneous combustion of coal causes air pollution and may affect livestock. Kangra must ensure that this is controlled. • Community/Social/Socio-economic: o How will the Iswepe and Driefontein communities benefit in terms of job opportunities, assistance in small business development, opportunities for local businesses and youth to subcontract and community projects. o Security measures to protect community members, e.g. children who may play in the area. o What is Kangra’s budget for social investment for the community? o A huge investment was made by the MDARDLEA in the Donkerhoek/Driefontein area with regards to animal and crop farming as well as infrastructure. The proposed development must be managed to prevent impacts on these projects. o The number of locals employed by the mine should increase where possible. Whenever there are opportunities, the employment of local people must be prioritised. o When new areas are developed, fencing is often erected, access routes are changed and security guards are deployed. Kangra must consult with the community before making these changes and provide alternative access routes as this affects the movement and everyday lives of the community. o The studies and the paper exercise takes time, but the impact on the farmers in the community is direct and immediate. • Public Participation Process: o The scheduling of the public meeting was inconvenient because it was in the late afternoon when people had difficulty finding transport and it was during the week (this was in contradiction with previous discussions with the community where meetings on weekends were highlighted as inconvenient. The Community Liaison Officer has been tasked with scheduling a meeting with the community). o An authority meeting and site visit was requested by the MDARDLEA official (Natural Resource Investigation Unit) (this meeting is to be facilitated by the applicant).
13-347 9 March 2016 Page vi Kangra Coal (Pty) Ltd Maquasa East Discard Dump
o It would be helpful for authorities to attend public meetings to advise community members in respect of the issues being discussed.
• Authorisation: o Proof of rezoning in terms of the Spatial Planning and Land Use Management, 2013 (Act No. 16 of 2013) (SPLUMA) was requested.
Environmental Baseline Conditions Climate The study area lies at an average altitude of approximately 1430 m. It is located in the South African Highveld sub-humid climatic zone, which is a warm, mild summer rainfall region. It is characterised by warm, wet summers and cool, dry winters.
The average annual rainfall for the area is in the order of 772 mm and the annual average evaporation is 1 400 mm.
Geology The proposed Discard Dump is located in the Ermelo Coalfield. The surface geology in the study area is characterised by the development of a variable thickness of unconsolidated overburden consisting of both transported and in-situ weathering material.
The Karoo Supergroup succession in the Ermelo Coalfield consists of the Dwyka Group diamictites, which occur unconformably above a pre-Karoo basement which is overlain by the coal bearing Vryheid Formation (Ecca Group); the basal Pietermaritzburg formation of the Ecca Group not being present. The Vryheid Formation strata consist of five (5) coal seams, namely A (at the base) – E Seams; of which all five (5) seams are hosted by the Ermelo Coalfield coal seams.
Although no regional structural features are located within the proximity of and/or traversing the study area, site-specific geophysical data indicates a number of inferred structural features (interpreted as dolerite dykes) to traverse the study area.
Impacts and mitigation No impacts on the geology are anticipated.
Topography The proposed Discard Dump site is topographically flat with a slight slope in a westerly direction (i.e. towards the Egude River) at 4.9%.
13-347 9 March 2016 Page vii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Impacts and mitigation It is anticipated that the construction activities, as well as the development of the proposed Discard Dump over its life span will have an impact on the topography of the site. Although the construction phase impacts can be mitigated through careful planning, reducing the extent of the construction footprint, putting in erosion control measures and a concerted rehabilitation effort, the Discard Dump will be a permanent structure that can only be managed through careful shaping capping and vegetating of the dump.
Soils, Land Use and Land Capability The study area comprises Pinedene (43.53ha), Clovelly (40.79ha), Glencoe (17.06ha) soil forms, as well as Anthrosol (4.62ha) (soils largely affected by human activity).
The study area comprises land that is under rehabilitation (4.62ha) and Grassland ( Themeda triandra , also known as Redgrass) which is currently used for cattle grazing and has scattered patches of bare soil.
Three land capability classes were identified within the study area, based on the soil types, i.e. Intensive Agriculture (84.22ha), Moderate Agriculture (17.06ha) and Undefined Use (4.62ha, land under rehabilitation).
Impacts and mitigation The potential soil erosion, soil compaction and soil contamination due to the construction activities, are rated as Low to Medium significance. The change in land use and land capability (loss of agricultural potential) due to the development of the Discard Dump are permanent impacts, and have received a High significance rating. In the event that pollution from the footprint reaches the surrounding soils, this will result in soil contamination and a change in the land capability. The proposed development will also have a cumulative impact on the soil and land capability within the MRA by further altering the pockets of undeveloped land. These impacts can be mitigated through proper planning, the implementation of stormwater management and erosion control structures; training of staff, etc.
There is also the potential for further erosion and compaction of areas surrounding the dump during the operational phase, as well as the salinization and acidification of the soils underlying and immediately surrounding the facility. These impacts can be mitigated
13-347 9 March 2016 Page viii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
through the construction of the liner system in accordance with the approved design, the monitoring and management of rehabilitation areas and proper spill management.
Soil erosion and compaction are likely to occur during the decommissioning phase, however these impacts will be short-term and with a focussed rehabilitation effort. The soil conditions are expected to improve after decommissioning of the facility.
Terrestrial Ecology The study area is covered entirely by the Eastern Highveld Grassland, which is an ‘Endangered’ vegetation type which warrants a medium-high environmental sensitivity rating.
The study area comprises Degraded and Transformed Habitat (irreversible change in the vegetation due to anthropogenic effects), and Grassland Habitat. The Degraded and Transformed habitat is comprised of exotic tree stands (of no ecological importance); excavations (low ecological status and sensitivity); and roads and Infrastructure (no natural vegetation remaining). The faunal sensitivity of this habitat is low.
The Grassland Habitat has been ascribed a Medium/Low floristic sensitivity, i.e. the natural habitat has been transformed, but a measure of the original vegetation remains albeit dominated by secondary climax species. The faunal sensitivity of this habitat is medium.
None of the eight (8) Red Data Listed flora species or the 10 Red Data Listed faunal species expected to occur within the relevant Quarter Degree Grid (QDS), were recorded in the study area. However, the possibility that Red Data species might be present within the study area cannot be excluded at this stage.
Impacts and mitigation Construction activities may result in the loss of species of conservation importance, and the fragmentation of habitat. Fauna may be affected through loss of habitat and displacement, and potential harm from vehicles and workers. These impacts are of Low to Medium significance and can be mitigated through maintaining as much land cover as possible, demarcating the construction area, salvaging all plants of conservation importance, a focussed rehabilitation effort and training and supervision of staff.
During operation, flora and fauna may potentially be impacted on through the spread of impacts from the dump, as well as direct physical harm to fauna. The implementation of recommended measures which aim to contain contamination, as well as an alien vegetation
13-347 9 March 2016 Page ix Kangra Coal (Pty) Ltd Maquasa East Discard Dump
management plan will likely mitigate these impacts. Staff training and awareness is also required to avoid unnecessary human-animal conflict.
The decommissioning activities are likely to cause disturbances, however this will be short term and can be readily mitigated. Any land disturbed or exposed during decommissioning must be rehabilitated, and monitoring of these areas must take place to avoid the establishment of alien plants. With a carefully planned and implemented rehabilitation program and proper control of alien plants, the overall conditions of footprint area is expected to improve over time.
Avifauna The proposed dump lies within one of South Africa’s registered Important Bird and Biodiversity Areas (IBAs) – IBA SA020 Grasslands, which comprised 1 050 000ha, centred on the towns of Volksrust and Wakkerstroom. This area was previously proposed, but has not since been declared, a Biosphere Reserve.
The avifaunal sensitivity ratings (habitat availability, likelihood of encountering avifauna, etc.) for the study area are Medium-Low for the Degraded Habitat and Medium-High for the Natural Grassland, while the wetland outside of the study area is considered to have a high sensitivity.
There are 30 Endemic and 7 Near Endemic resident species occupying the relevant QDS. The residents have 20 listed species, these being 11 Near Threatened, and 9 Vulnerable, however one species is listed as Critically Endangered in South Africa.
Impacts and mitigation The loss of habitat has the potential to impact on breeding and feeding behaviour. This impact cannot be avoided within the Discard Dump footprint, however management of disturbed areas outside the footprint is required to reduce the effects of habitat fragmentation and the loss of potential nesting and feeding sites.
Avifauna may potentially be impacted on through the spread of impacts and subsequent deterioration of suitable habitat outside the footprint during operation. This must be controlled through the implementation of a liner, stormwater management structures, dust suppression and concurrent rehabilitation. An alien vegetation management plan will assist in maintaining the integrity of the habitat outside of the footprint over the life of the facility.
13-347 9 March 2016 Page x Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Decommissioning activities may potentially disturb the avifaunal habitat surrounding the dump. Furthermore, this habitat can be degraded in the long term should alien vegetation establish within the disturbed areas. With a carefully planned and implemented rehabilitation program and proper control of alien plants, the overall conditions within and around the development footprint is expected to improve following decommissioning.
Wetlands and Aquatic Environment A Channelled Valley Bottom Wetland unit was identified to the west of the proposed Discard Dump site. The Wetland Index of Habitat Integrity (Wetland-IHI) assessment shows that this wetland unit has been seriously modified. The Present Ecological Status (PES) of the wetland is Category E (seriously modified) and the Ecological Importance and Sensitivity (EIS) is Category D (the wetland unit is not important or sensitive and does not play a significant role in the moderation of water quality and quantity). The wetland received a low rating for indirect services (some form of erosion control is provided by the wetland) and very low rating for direct services.
The Egude River is a perennial watercourse to the west of the proposed development which is the receiving watercourse. The in-situ water quality (2014) indicated that the water upstream and downstream of the study area is of good quality, with no evidence of mining impacts at the time. The instream habitat upstream and downstream of the site is described as Class C (adequate/fair, moderately modified). The aquatic invertebrate assessment score (SASS5) upstream of the site was Class E/F (seriously impaired), and downstream was Class B (very good). The improved/higher score downstream could suggest that the site’s impacts are contained within the sampled areas or alternatively these impacts are diluted or removed through wetland floodplain services.
Impacts and mitigation The impacts on the wetland and aquatic ecology unit are ranked as medium significance. During construction, the wetland soils may be contaminated, the wetland and stream habitat may be degraded through siltation, potential increased toxicity, an increase in electrical conductivity (EC) and total dissolved solids (TDS). The degradation may result in a loss of wetland habitat and subsequent loss in faunal diversity. Mitigation measures include stormwater management, energy dissipaters to reduce the velocity of stormwater, silt nets, dust suppression measures and rehabilitation of disturbed areas.
During operation the wetland and stream may be further degraded by the potential spread of impacts from the dump, i.e. through runoff containing contaminants or silt, dust from the dump and increased velocity of runoff (leading to the scouring of the stream channel).
13-347 9 March 2016 Page xi Kangra Coal (Pty) Ltd Maquasa East Discard Dump
The impacts can be minimised through the maintenance of stormwater management and silt nets, the monitoring of rehabilitated areas and concurrent rehabilitation of the dump.
The decommissioning phase activities have the potential to create impacts similar in nature to the construction phase impacts. Careful planning, rehabilitation and monitoring are required to reduce these impacts. Furthermore, the control of alien plants is required to prevent long term degradation of the wetland habitat.
Although the wetland ecosystem is already impacted, further contamination during the life of the facility will also further degrade the wetland ecosystem. A rehabilitation program must also be developed for the wetland.
Surface Water The study area is located within the W51B quaternary catchment of the Usutu to Mhalatuze Water Management Area (WMA). This quaternary catchment is the second catchment of the Assegai River and the majority of runoff from the study area will eventually drain into this river. Surface water flows in a north-easterly direction across the site, towards the Egude River (more than 100m to the west of the proposed dump), which eventually flows into at a point to the north-east of the study area.
Monitoring results for a point upstream of the proposed site indicates that the water quality is generally good, falling within SANS 241:2006 drinking water standards.
The majority of surface water abstracted within the catchment is used for commercial forestry and irrigated agriculture, with domestic use making up a significant portion of the water abstracted. Water for mining and urban industrial uses makes up a small proportion of the water use in the catchment.
Based on calculations, the proposed development is expected to cause a stream flow reduction of not more than 0.7%.
Impacts and mitigation The quality of the nearby Egude River may be impacted during construction due to runoff containing silt and contaminants and dust from the cleared areas. The runoff characteristics are expected to be impacted due to the reduction of runoff (due to dirty water containment) and the increase of runoff velocity. The impacts are rated as medium to high, but can be mitigated through the reduction of the footprint area, implementation
13-347 9 March 2016 Page xii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
of stormwater management structures, erosion control measures and the dissipation of the energy of runoff.
During the operation, the surface water resource may be contaminated due to runoff from the dump, overflow from the PCD or runoff from site where spillages have occurred. The capturing of runoff from the “dirty catchment” will also reduce the volume of flow to the stream. The maintenance of stormwater and erosion control structures, as well as timeous intervention to contain and capture any potential pollution is required. Furthermore, concurrent rehabilitation will reduce the amount of contaminated water created.
The decommissioning phase activities have the potential to create impacts similar in nature to the construction phase impacts. Careful planning, rehabilitation and monitoring are required to reduce this impacts.
Groundwater Based on the aquifer characteristics (e.g. weathering depth, groundwater strike and static water levels), the hydrogeological system within the study area can be categorised into two aquifers: a shallow weathered rock/material aquifer and a deeper fractured rock aquifer, hosted within the Vryheid Formation sediments.
Groundwater levels across the greater study area, range from artesian to ~64m below ground level (mbgl), with an average water level of ~9.2mbgl. The regional groundwater flow is from west to east, however, on a local scale the groundwater flow is likely to be significantly more complex due to geological and structural controls (i.e. groundwater barriers and/or discrete conduits to flow).
No hydrocensus boreholes were identified within the proposed footprint area. Furthermore, the greater study area is characteristic of low groundwater usage, with the key source for water supply to surrounding communities and farmers in the area being surface water. No groundwater receptors were identified in proximity of the proposed development area.
The prevailing groundwater quality is dominantly of sodium-bicarbonate type, however, groundwater sourced from monitoring borehole MONBH3 is characteristic of calcium- sulphate rich water, which is typically associated with water influenced by weathering of naturally occurring sulphide minerals and/or stagnant water. This deviation in water quality can most probably be attributed to the mining activities located up-gradient of the study area.
13-347 9 March 2016 Page xiii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Impacts and mitigation During the construction phase of the development, the impact on groundwater is expected to be of Low significance. This will be limited to potential groundwater contamination due to uncontrolled spillages and the reduction of groundwater quantity due to the reduction of recharge from the compaction of the base of the facility and installation of the liner.
During the operational phase, minimal impact on the groundwater system is expected, due to proposed design and phasing of the facility (i.e. the liner and underdrainage system, paddocks and concurrent rehabilitation). Seepage from the PCD is not considered likely as this facility will also be lined. Recharge of the aquifers will be low due to the liner system and ground compaction. Monitoring is important to detect potential damage of the liners. Also, pumping and reuse or treatment of water from the PCD is required to avoid an emergency release during high rainfall conditions, as this would cause contaminated seepage to migrate from site (both vertically and laterally).
The reduction of recharge due to the use of liners below the Discard Dump and PCD in conjunction with mining activities is likely to reduce the amount of groundwater within the resource. The lack of groundwater users in the area and the fact that the removal of water from the mining areas is likely to end once mining ends, makes this impact of Medium significance.
Air Quality The proposed Discard Dump site is located within the north-eastern portion of the Highveld Priority Area (HPA) declared in 2007 in terms of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (NEMAQA)
According to the HPA Air Quality Management Plan (AQMP), most of the HPA experiences relatively good air quality, but there are nine extensive areas (hotspots) where ambient air quality standards for SO 2, NO 2, PM 10 and Ozone (O 3) are exceeded. The Pixley ka Seme Local Municipality (PSLM) is highlighted as a hotspot.
The greater study area is characterised by high stability levels, which inhibits the ability of inversion layers to develop, particularly in the early hours of winter mornings. This phenomenon may result in increasing ground level pollution concentrations.
The sensitive receptors identified in the vicinity of the study area include the Heyshope Dam, Driefontein community and surrounding farms.
13-347 9 March 2016 Page xiv Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Impacts and mitigation Air quality effects during the life of the facility will be limited to the creation of dust due to surface being exposed to the action of wind, as well as the movement of vehicles on site and haul roads. These impacts, which are considered to be of Medium significance, are not significant in the context of the development site location, i.e. within a MRA, adjacent to existing mine operations. However, the location of the footprint area within the HPA means that special care should be taken to reduce the creation of dust and to monitor these potential impacts. Proper rehabilitation of disturbed areas, the concurrent rehabilitation of the dump and dust suppression spraying of the haul roads are required to mitigate these impacts.
Noise Mining and mining related activities are the sources of noise in the vicinity of the study area. The prevailing noise level recorded at gravel road (to the south of the site and adjacent to a conveyor) is around 66.7dBA during the daytime and 70.0dBA during the night-time.
The Driefontein residential area and the residents are already exposed to a certain extent of higher noise levels than expected in a residential area.
Impacts and mitigation Although noise is likely to be created during the life of the facility, these are not likely to be above the ambient noise levels of the nearby mining operations. Therefore, the impact on sensitive receptors is considered low. The impact, however, can be mitigated through following a daily work schedule and the regular servicing of all vehicles and equipment.
Visual The proposed Discard Dump site is located within an existing MRA. The site comprises grassland which is used for cattle grazing. Mining facilities and infrastructure are clearly visible from the centre of the site, i.e. haul roads, a conveyor rehabilitated area, etc. The site is not clearly visible by the nearby Driefontein community, or from any major routes or residential roads.
The study area presents a disturbed sense of place due to the existing mining activities and infrastructure, and the previous disturbances (area under rehabilitation).
Impacts and mitigation
13-347 9 March 2016 Page xv Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Although the removal of vegetation and undertaking the construction as well as the increasing size of the dump are likely to result in a major change to the aesthetics of the landscape, this impact is considered of low significance due to the fact that the footprint is located within an existing MRA and is not visible from any local or regional roads, or the nearby community. The concurrent rehabilitation, including the shaping of the dump, must be undertaken with the aim of blending the dump in with the surrounding landscape as far as possible.
Dust creation is likely to cause poor visibility conditions, however this impact would be limited in spatial extent and duration. This impacts can be mitigated through the proper rehabilitation of disturbed areas, the concurrent rehabilitation of the dump and dust suppression spraying of the haul roads are required to mitigate these impacts.
Socio-economic Environment The study area is located within the north-eastern corner of the Pixley ka Seme Local Municipality (PSLM), which forms part of the Gert Sibande District Municipality (GSDM) of the Mpumalanga Province.
The community which is closest to the project area, is the Driefontein community. The community, which is located approximately 2km to the west of the proposed development site, is a densely populated settlement consisting largely of Reconstruction and Development Property (RDP) style housing, or low cost housing. Approximately 365 of Kangra’s employees are from Driefontein.
Driefontein has many dwellings without clean running water and sanitation facilities; and a number of roads are in poor condition which pose a risk to the safety of pedestrians and the health of the larger community by dust creation.
Impacts and mitigation The proposed Discard Dump poses very few impacts to the socio-economics of the immediate area surrounding the region. Temporary labour will be created during the construction phase, however a very limited number of jobs would be created for a short period. The nuisance created by dust and noise are considered to be of Low significance, due to the current ambient conditions created by the existing mining operation and the distance of the site from the community. The potential nuisance impacts can be mitigated through the implementation of the recommended environmental management measures.
13-347 9 March 2016 Page xvi Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Although no additional socio-economic impacts are likely to be created by the operation of the dump, the additional disposal capacity created will accommodate for the proposed expansions, and will maintain employment for the current mine workers in the long term.
Heritage and Archaeology Heritage resources, which are quite common in region, include historical remains associated with farmstead complexes. These consists of houses, associated outbuildings, cattle enclosures; formal graveyards, and abandoned graveyards left by farm workers who moved from farms to urban areas. No sites of high significance (e.g. graveyards) were identified within the areas surveyed.
Impacts and mitigation Although no impacts on any sites of heritage or archaeological value are anticipated, it is always a possibility that the assessments may have missed heritage resources in the areas surveyed. Heritage sites may occur in tall grass or in Blue Gum lots and others may lie below the surface of the earth and may only be exposed once development commences.
In the event that any heritage resource of significance is identified within the footprint, all development activities must cease. The South African Heritage Resources Authority (SAHRA) should be notified immediately, and an accredited archaeologist consulted to determine appropriate mitigation measures for the discovered finds. This may include obtaining the necessary authorisation (permits) from SAHRA to conduct the mitigation measures.
Main Issues and Recommendations The main gaps identified area: • Surface Water Quality: No baseline surface water data exists for any points downstream of the proposed site. Downstream monitoring points must be included in the monitoring programme to establish the baseline conditions of the affected reach of the Egude River (pre-construction) and to measure potential impacts. • Groundwater: It is recommended that a numerical model is constructed, during the operational phase of the proposed Discard Dump. This model should be updated using the groundwater monitoring data collected to assist in closure planning objectives and management plans. • Aquatic environment: There is currently no biomonitoring programme in place within the vicinity of the proposed Discard Dump. It is recommended that a programme is established prior to construction in order to establish the baseline conditions of the affected watercourse.
13-347 9 March 2016 Page xvii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
• Wetlands: A Wetland Rehabilitation Plan would be required as part of the IWULA process, as per the DWS requirements. It is recommended that such a plan is compiled for sign-off by the DWS. • Authorisations: o A Waste Management Licence (WML) is required in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEM:WA) before the development of the Discard Dump may commence. A Scoping and EIA process is required, which must be undertaken in accordance with the NEMA EIA Regulations (2014 Regulations) in order to apply for this authorisation from the regional DMR. It is recommended that the DMR is consulted with regarding the NEM:WA application, taking cognisance of the current EIA process in terms of the NEMA Regulations. o The properties on which the proposed Discard Dump will be located may require rezoning. It is recommended that Kangra liaise with the local municipality prior to construction to determine whether rezoning would be required.
EAP recommendation No fatal flaws have been identified during the EIA process. There is however, the potential for impacts on the environment, particularly of a cumulative nature, due to the proximity of the development site to the existing mining activities. The proposed Discard Dump is necessary to accommodate for the proposed expansion and continuation of Kangra’s mining activities, which will preserve jobs over the long term and benefit the economy of the region and the country. It is recommended that the development is authorised, provided that the mitigation and management measures recommended in this report and in the IWUL (should this granted) are enforced and monitored. Furthermore, the WML required must also be applied for and obtained prior to the development proceeding.
13-347 9 March 2016 Page xviii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
LIST OF ACRONYMS
BID Background Information Document EMP Environmental Management Plan EMPr Environmental Management Programme ESR Environmental Scoping Report DMR Department of Mineral and Resources DWA Department of Water Affairs (changed to DWS) DWS Department of Water and Sanitation (formerly DWA) DEA Department of Environmental Affairs EAP Environmental Assessment Practitioner EC Electrical Conductivity EIA Environmental Impact Assessment EIS Ecological Importance and Sensitivity ELWU Existing Lawful Water Use GA General Authorisation GSDM Gert Sibande District Municipality GNR Government Notice Regulation I&AP Interested and Affected Parties IBA Important Bird and Biodiversity Areas IHAS Invertebrate Habitat Assessment System IUCN International Union for the Conservation of Nature IWULA Integrated Water Use License Application IWUL Integrated Water Use License IWWMP Integrated Waste Water Management Plan LOM Life of Mine MAE Mean Annual Evaporation mamsl Metres above mean sea level MAR Mean Annual Runoff mbgl Metres below ground level MDARDLEA Mpumalanga Department of Rural Development, Land and Environmental Affairs MPRDA Minerals and Petroleum Resource Development Act, 2002 (Act No. 28 of 2002) MRA Mining Right Area Mtpa Million tons per annum NEM:WA National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)
13-347 9 March 2016 Page xix Kangra Coal (Pty) Ltd Maquasa East Discard Dump
NEMA National Environmental Management Act, 1998 (Act No. 107 of 1998) NWA National Water Act, 1998 (Act No. 36 of 1998) PES Present Ecological Status PPP Public Participation Process PCD Pollution Control Dam PES Present Ecological Status PSLM Pixley ka Seme Local Municipality ROD Record of Decision RoM Run of Mine SANS South African National Standards SASS South African Scoring System SAWS South African Weather Service SAWQG South African Water Quality Guidelines SWMP Storm Water Management Plan TDS Total Dissolved Solids
13-347 9 March 2016 Page xx Kangra Coal (Pty) Ltd Maquasa East Discard Dump
CONTENTS PAGE
1 INTRODUCTION ...... 1 1.1 BACKGROUND AND HISTORY ...... 1 1.2 DESCRIPTION OF LAND ...... 4 1.3 NEED AND DESIRABILITY OF THE PROJECT ...... 4 1.4 THE APPLICANT ...... 6 1.5 ENVIRONMENTAL ASSESSMENT PRACTITIONER ...... 6 1.6 LEGISLATIVE CONTEXT ...... 7 1.6.1 Constitution of South Africa ...... 7 1.6.2 Mineral and Petroleum Resources Development Act ...... 7 1.6.3 National Environmental Management Act ...... 8 1.6.4 National Water Act ...... 10 1.6.5 GN704 ...... 11 1.6.6 National Environmental Management: Air Quality Act ...... 11 1.6.7 National Environmental Management: Waste Act ...... 12 1.6.8 Spatial Planning and Land Use Management Act...... 14 1.6.9 Other Legislation ...... 15 1.7 ENVIRONMENTAL PROCESS ...... 15 1.7.1 Application phase ...... 16 1.7.2 Scoping and PPP initiation ...... 17 1.7.3 EIA Phase and Public Feedback ...... 17 1.8 REPORT STRUCTURE ...... 18 2 PROJECT DESCRIPTION ...... 20 2.1 PROJECT BACKGROUND (CURRENT AND FUTURE MINING ) ...... 20 2.1.1 Maquasa East (underground and opencast) and West (underground) ...... 20 2.1.2 Nooitgesien Mining Area ...... 21 2.1.3 Rooikop ...... 21 2.1.4 Kusipongo ...... 21 2.1.5 Projected coal tonnages ...... 21 2.2 DESCRIPTION THE DISCARD MATERIAL ...... 22 2.2.1 Hydrogeochemical Characterisation of the Discard ...... 22 2.2.2 Waste Classification ...... 24 2.3 DESCRIPTION THE PROPOSED DEVELOPMENT ...... 25 2.3.1 General Layout ...... 25 2.3.2 Dimensions and life of the facility ...... 27 2.3.3 Construction/Disposal Method ...... 27 2.3.4 Groundwater/Seepage management ...... 29 2.3.5 Surface Water/Stormwater Management ...... 31 2.3.6 Safety Classification ...... 37 2.3.7 Access Control ...... 38 2.4 DISCARD DUMP REHABILITATION ...... 38 3 PROJECT ALTERNATIVES ...... 40 3.1 ACTIVITY /P ROJECT ...... 40 3.1.1 Expansion of existing Maquasa East Discard Dump ...... 40 3.1.2 Development of a New Discard Dump (Preferred Option) ...... 40 3.2 ALTERNATIVE LOCATIONS FOR NEW DISCARD DUMP ...... 42 3.3 DISPOSAL ALTERNATIVES ...... 46 3.3.1 Integrated Discard “Dry” (Preferred Alternative) ...... 46 3.3.2 Co-disposal “Wet and Dry” ...... 46 3.3.3 Integrated Discard “Wet” ...... 46 3.3.4 Separate Disposal ”Wet – Site 1 and Dry Site 2” ...... 46 3.4 LAND USE ALTERNATIVES ...... 47
13-347 9 March 2016 Page xxi Kangra Coal (Pty) Ltd Maquasa East Discard Dump
3.4.1 Tourism ...... 47 3.4.2 Residential ...... 47 3.4.3 Grazing of Cultivated Land...... 47 3.4.4 Mining ...... 47 3.5 NO GO ALTERNATIVE ...... 48 4 ENVIRONMENTAL BASELINE DESCRIPTION ...... 49 4.1 CLIMATE ...... 49 4.1.1 Temperature ...... 49 4.1.2 Wind...... 49 4.1.3 Rainfall ...... 49 4.1.4 Evaporation...... 50 4.2 GEOLOGY ...... 51 4.2.1 Regional Geology ...... 51 4.2.2 Local Geology ...... 52 4.2.3 Structural Geology ...... 54 4.3 TOPOGRAPHY ...... 54 4.4 SOILS , LAND USE AND LAND CAPABILITY ...... 56 4.4.1 Soil forms ...... 56 4.4.2 Current Land Use ...... 59 4.4.3 Land Capability ...... 61 4.5 TERRESTRIAL ECOLOGY (F LORA AND FAUNA ) ...... 64 4.5.1 Vegetation Unit ...... 64 4.5.2 Declared Conservation Areas ...... 67 4.5.3 Flora ...... 67 4.5.4 Fauna ...... 73 4.5.5 Avifauna ...... 75 4.6 AQUATIC ECOLOGY ...... 80 4.6.1 Sampling Sites ...... 80 4.6.2 Affected River Reaches ...... 83 4.6.3 In-situ Water Quality ...... 84 4.6.4 Invertebrate Habitat Assessment ...... 85 4.6.5 Aquatic Invertebrate Assessment ...... 86 4.7 WETLANDS ...... 89 4.7.1 Wetland Delineation ...... 91 4.7.2 Wetland Classification ...... 93 4.7.3 Wetland Index of Habitat Integrity ...... 93 4.7.4 Wetland PES and EIS ...... 93 4.7.5 Wetland Eco-services ...... 94 4.8 SURFACE WATER ...... 94 4.8.1 Catchment and Hydrology Description ...... 95 4.8.2 Mean Annual Runoff ...... 97 4.8.3 Flood Flows and Volumes ...... 97 4.8.4 Floodlines ...... 98 4.8.5 Surface Water Quality ...... 98 4.8.6 Water Users within the Catchment ...... 100 4.9 GROUNDWATER ...... 100 4.9.1 Aquifer description ...... 100 4.9.2 Drilling program ...... 102 4.9.3 Groundwater Strikes and Air-lift yield ...... 104 4.9.4 Groundwater Level and Direction ...... 104 4.9.5 Hydrocensus ...... 104 4.9.6 Natural Springs ...... 107 4.9.7 Groundwater Quality ...... 107 4.9.8 Source-Pathway-Receptor Description ...... 112
13-347 9 March 2016 Page xxii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
4.10 HERITAGE AND ARCHAEOLOGY ...... 113 4.10.1 Summary of findings ...... 115 4.11 NOISE ...... 115 4.12 AIR QUALITY ...... 116 4.12.1 Regional Air Quality ...... 116 4.12.2 Local Air Quality ...... 116 4.13 SOCIO -ECONOMIC ENVIRONMENT ...... 117 4.13.1 Demographic Profile ...... 118 4.13.2 Economic Profile ...... 118 4.13.3 Neighbouring community ...... 119 5 PUBLIC PARTICIPATION ...... 120 5.1 IDENTIFICATION OF INTERESTED AND AFFECTED PARTIES (I&AP S) ...... 120 5.2 NOTIFICATION OF I&AP S ...... 121 5.2.1 Background Information Document ...... 121 5.2.2 Site Notices ...... 121 5.2.3 Newspaper Advertisement ...... 122 5.2.4 Sms notification ...... 122 5.3 CONSULTATION WITH THE AUTHORITIES ...... 122 5.4 CONSULTATION WITH I&AP S ...... 123 5.4.1 Public review of documents ...... 123 5.4.2 Scoping Phase Public Meeting & Distribution of Minutes ...... 123 5.4.3 Public Feedback (EIA Phase) Meeting ...... 124 5.5 STAKEHOLDER DATABASE ...... 124 5.6 COMMENTS AND RESPONSE SUMMARY ...... 124 6 REHABILITATION PLAN ...... 152 6.1 AIM OF THE REHABILITATION PLAN ...... 152 6.2 CLOSURE OBJECTIVES ...... 152 6.3 POST -CONSTRUCTION REHABILITATION ...... 153 6.4 POST -DECOMMISSIONING REHABILITATION ...... 153 6.4.1 Phase 1 ...... 153 6.4.2 Phase 2 ...... 153 7 ASSESSMENT OF ENVIRONMENTAL IMPACTS ...... 157 7.1 ENVIRONMENTAL IMPACT ASSESSMENT METHODOLOGY ...... 157 7.2 CONSTRUCTION PHASE IMPACTS ...... 159 7.2.1 Construction Phase Activities ...... 159 7.2.2 Description of potential impacts ...... 160 7.2.3 Assessment of Potential Impacts ...... 164 7.3 OPERATIONAL PHASE IMPACTS ...... 174 7.3.1 Operational Phase Activities ...... 174 7.3.2 Description of potential impacts ...... 174 7.3.3 Assessment of Operational Phase Impacts ...... 178 7.4 DECOMMISSIONING AND CLOSURE PHASE IMPACTS ...... 185 7.4.1 Decommissioning and Closure Phase Activities ...... 185 7.4.2 Description of impacts ...... 185 7.4.3 Assessment of Decommissioning Phase Impacts ...... 188 7.5 CUMULATIVE IMPACT ASSESSMENT ...... 197 7.5.1 Description of Impacts ...... 197 7.5.2 Assessment of Impacts ...... 199 8 ENVIRONMENTAL MANAGEMENT PROGRAMME ...... 205 8.1 RESPONSIBILITIES ...... 205 8.1.1 Project Manager ...... 205 8.1.2 Environmental Control Officer ...... 205
13-347 9 March 2016 Page xxiii Kangra Coal (Pty) Ltd Maquasa East Discard Dump
8.1.3 Contractor ...... 206 8.1.4 Environmental Manager/Officer...... 206 8.1.5 Consulting/Project Engineer ...... 206 8.1.6 Plant Engineer ...... 206 8.2 ENVIRONMENTAL MANAGEMENT : CONSTRUCTION PHASE ...... 207 8.2.1 Action Plan ...... 207 8.2.2 Reporting and General Requirements...... 217 8.2.3 Soil Management Plan ...... 218 8.3 ENVIRONMENTAL MANAGEMENT : OPERATIONAL PHASE ...... 219 8.3.1 Action Plan ...... 219 8.3.2 Reporting and General Requirements...... 227 8.4 ENVIRONMENTAL MANAGEMENT ACTION PLAN : DECOMMISSIONING AND CLOSURE PHASE ...... 228 8.4.1 Action Plan ...... 228 8.4.2 Reporting and General Requirements...... 240 9 MONITORING AND AUDITING ...... 242 9.1 SURFACE WATER MONITORING ...... 242 9.2 GROUNDWATER MONITORING ...... 245 9.3 AQUATIC BIOMONITORING ...... 248 9.4 AIR QUALITY MONITORING ...... 251 9.5 REHABILITATION PROGRESS ...... 251 9.6 REPORTING ...... 251 9.7 ENVIRONMENTAL PERFORMANCE AUDITS ...... 252 10 ENVIRONMENTAL AWARENESS AND EMERGENCY RESPONSE PLAN...... 253 11 FINANCIAL PROVISION ...... 254 12 INFORMATION GAPS AND RECOMMENDATIONS ...... 256 12.1 SURFACE WATER ...... 256 12.1.1 Water Quality ...... 256 12.1.2 Floodlines ...... 256 12.2 GROUNDWATER ...... 257 12.3 AVIFAUNA ...... 257 12.4 AQUATIC ENVIRONMENT ...... 257 12.5 WETLANDS ...... 257 12.6 FURTHER AUTHORISATIONS REQUIRED ...... 258 12.6.1 Waste Management Licence ...... 258 12.6.2 Rezoning ...... 258 13 CONCLUSION AND IMPACT STATEMENT ...... 259 14 REFERENCES ...... 265
LIST OF FIGURES
Figure 1.1 Locality of Kangra Mining Operations near Piet Retief ...... 3 Figure 1.2 Property Details ...... 5 Figure 1.3 Environmental Process Flow Diagram ...... 16 Figure 2.1 Discard Dump Layout (Geotail, 2014) ...... 26 Figure 2.2 Proposed Liner for the Discard Dump (Source: Geotail, 2014)...... 30 Figure 2.3 Proposed Liner for the PCD (Source: Geotail, 2014) ...... 31 Figure 2.4 Proposed Liner for the PCD (Source: Geotail, 2014) ...... 33 Figure 2.5 Discard Dump Process Flow Diagram ...... 34 Figure 2.6 Discard Dump Water Balance ...... 35 Figure 2.7 Proposed Cover for the PCD (Source: Geotail, 2014) ...... 39
13-347 9 March 2016 Page xxiv Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Figure 3.1 Existing Discard Dump ...... 41 Figure 3.2 Potential Discard Dump Locations ...... 44 Figure 4.1 Geological Map of the Study Area ...... 53 Figure 4.2 Topographical Map of the Study Area ...... 55 Figure 4.3 Soil forms within the Study Area ...... 57 Figure 4.4 Current Land Use of the Study Area ...... 60 Figure 4.5 Land Capability of the Study Area...... 63 Figure 4.6 Vegetation Units within the Study Area ...... 66 Figure 4.7 Macro-habitats within the Study Area ...... 70 Figure 4.8 Aquatic Sampling Points ...... 82 Figure 4.9 NFEPA Wetlands around the study area...... 90 Figure 4.10 NFEPA Wetlands around the study area ...... 92 Figure 4.11 Channelled valley Bottom Wetland ...... 93 Figure 4.12 Discard Dump: Watercourse 100m Buffer Map ...... 96 Figure 4.13 Location of groundwater monitoring boreholes ...... 103 Figure 4.14 Location of hydrocensus boreholes ...... 106 Figure 4.15 Location of the Power Station project area (GCS, 2008) ...... 114 Figure 6.1 Phase 1 of Rehabilitation ...... 155 Figure 6.2 Phase 2 of Rehabilitation ...... 156 Figure 9.1 Proposed Surface Water Monitoring Points ...... 244 Figure 9.2 Proposed Groundwater Monitoring Locations ...... 247 Figure 9.3 Proposed Biomonitoring Sites ...... 250
LIST OF TABLES
Table 1.1 Property Details ...... 4 Table 1.2 Applicant’s Details ...... 6 Table 1.3 EAP’s Details ...... 6 Table 1.4 NEMA Listed Activities triggered by the proposed Discard Dump ...... 9 Table 1.5 Summary of Environmental Authorisations Required ...... 15 Table 2.1 Dimensions and Capacity of the proposed Discard Dump ...... 27 Table 2.2 Stormwater Channel Dimensions ...... 31 Table 2.3 PCD Design Specifications ...... 37 Table 2.4 Discard Dump Safety Classification...... 38 Table 3.1 Fatal Flaw Assessment of Potential Sites (Hatch 2011) ...... 42 Table 3.2 Assessment of Alternative Sites...... 45 Table 4.1 Summary of rainfall data (Ilanda, June 2014) ...... 50 Table 4.2 Summary of monthly evaporation data (Ilanda, June 2014) ...... 51 Table 4.3 Land Capability Classes- Description and Suitability ...... 61 Table 4.4 Plant families recorded (March 2014 survey) ...... 68 Table 4.5 Estimate of Floristic Sensitivity of the Study Area ...... 71 Table 4.6 Red Data Flora Species known to occur in QDS2730AB ...... 72 Table 4.7 Estimate of Faunal Habitat Sensitivity of the Study Area ...... 74 Table 4.8 Red Data Fauna Species known to occur in QDS2730AB ...... 74 Table 4.9 Animal Species recorded in the Study Area ...... 75 Table 4.10 Avifaunal Habitat Sensitivity of the study area...... 78 Table 4.11 Aquatic Sampling Sites ...... 81 Table 4.12 In situ water quality at the Aquatic Sampling sites (4-6 March 2015) ...... 84 Table 4.13 IHAS results for the Aquatic Sampling sites (4-6 March 2015) ...... 85 Table 4.14 Ecological Classes Assigned to the SASS5 and ASPT Scores ...... 87 Table 4.15 SASS results for the Aquatic Sampling sites (4-6 March 2015) ...... 87 Table 4.16 Wetland IHI Assessment Results ...... 93
13-347 9 March 2016 Page xxv Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Table 4.17 PES of the Wetland Unit ...... 94 Table 4.18 EIS of the Wetland Unit ...... 94 Table 4.19 Wetland Ecosystem Services ...... 94 Table 4.20 Summary of flood peak calculations ...... 98 Table 4.21 Surface water chemistry (July & September 2014) ...... 99 Table 4.22 Surface water users within the quaternary catchment ...... 100 Table 4.23 Hydro-chemical Parameter Summary ...... 109 Table 4.24 Sensitive Air Quality Receptors (GCS, 2008) ...... 117 Table 5.1 Venues for public review of reports ...... 123 Table 5.2 Issues and Response Summary ...... 125 Table 7.1 Impact Significance Ratings ...... 158 Table 7.2 Impacts & Mitigation Measures: Construction Phase ...... 165 Table 7.3 Impacts & Mitigation Measures: Operational Phase ...... 179 Table 7.4 Impacts & Mitigation Measures: Decommissioning Phase ...... 189 Table 7.5 Impacts & Mitigation Measures: Cumulative Impacts...... 200 Table 8.1: Environmental Management Action Plan: Construction Phase ...... 208 Table 8.2: Recommended Soil Stripping Depths ...... 218 Table 8.3: Soil Stockpile Volumes ...... 219 Table 8.4: Environmental Management Action Plan: Operational Phase ...... 221 Table 8.5: Environmental Management Action Plan: Decommissioning and Closure Phase ...... 229 Table 9.1: Proposed Surface Water Monitoring Sites ...... 242 Table 9.2: Water Quality Parameters for Sample Analysis ...... 243 Table 9.3: Proposed Groundwater Monitoring Points ...... 245 Table 9.4 Proposed Aquatic Biomonitoring Sites ...... 248 Table 11.1 Closure Cost Summary ...... 254
LIST OF APPENDICES
APPENDIX A: A3 FIGURES ...... 266 APPENDIX B: PROOF OF PUBLIC PARTICIPATION ...... 266 APPENDIX C: SPECIALIST STUDY REPORTS ...... 266 APPENDIX C-1: SOILS, LAND USE AND LAND CAPABILITY REPORT ...... 266 APPENDIX C-2: HYDROLOGICAL STUDY REPORT ...... 266 APPENDIX C-3: WETLAND AND AQUATIC ASSESSMENT REPORT ...... 266 APPENDIX C-4: ECOLOGICAL ASSESSMENT REPORT ...... 266 APPENDIX C-5: AVIFAUNAL ASSESSMENT REPORT ...... 266 APPENDIX C-6: HYDROGEOLOGICAL INVESTIGATION REPORT ...... 266 APPENDIX C-7: GEOTECHNICAL ASSESSMENT REPORT ...... 266 APPENDIX C-8: WATER MONITORING REPORTS ...... 266 APPENDIX D: DISCARD DUMP SITE SELECTION REPORT ...... 266 APPENDIX E: DESIGN REPORT ...... 266 APPENDIX F: ENVIRONMENTAL AWARENESS AND EMERGENCY RESPONSE PLAN ...... 266 APPENDIX G: FINANCIAL PROVISION...... 266
13-347 9 March 2016 Page xxvi Kangra Coal (Pty) Ltd Maquasa East Discard Dump
1 INTRODUCTION
This Final Environmental Impact Report (EIR)/Environmental Management Programme (EMPr) has been compiled in accordance with the Regulations published in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA). The applicable regulations are discussed under Chapter 2 of this report.
1.1 Background and History
Kangra Coal (Pty) Ltd (Kangra) owns various operational and defunct coal mines in the vicinity of Piet Retief in the Mpumalanga Province. Kangra holds approved Environmental Management Programmes (EMPr) for their Maquasa East (mining has ceased), Maquasa West (current), Rooikop (historical) and Nooitgesien (current) mining areas, situated approximately 40km west of the town of Piet Retief (refer to Figure 1.1). The EMPrs for each coal mine were combined into one EMPr during the application process undertaken by GCS (Pty) Ltd (GCS) in terms of Section 102 of the MPRDA during 2013 (approval received during August 2014).
Mining at Rooikop and Maquasa East has ceased. Mining currently takes place at Maquasa West (farm Maquasa 19HT Portion 0 (Remaining Extent) (RE) and farm Rooikop 18HT Portion 0 (Remaining Extent) (RE)) (mining is close to completion), via underground. Opencast mining is undertaken at Nooitgesien (Nooitgesien 381 IT, a Portion Mineral Area 1 of farm Maquasa 19 HT and a Portion of Mineral Area 1 of Remainder (RE) of farm Rooikop 18KT).
All coal from the active mining areas is transported (via conveyors and trucks) to the coal washing plant situated at the Maquasa East mining area.
Kangra intends to expand their operations in the area, pending the outcomes of the various environmental application processes undertaken. The expansion includes the Kangra Group (Pty) Ltd (Kangra Group) Savmore Colliery: Kusipongo (underground mining), which will provide additional feed to the washing plant. The proposed Kusipongo adit (-27.016267°S, 30.285800°E) will be located approximately 10km to the west of the Maquasa East mining area, with a conveyor planned between the adit and the Maquasa East coal washing plant.
The proposed expansion will increase the life of the current operations and will require a larger capacity of coal discard area than current existing Discard Dump located within Maquasa East mining area. As a result a new discard dump is required. Kangra proposes to
13-347 9 March 2016 Page 1 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
construct this discard to the west of the Maquasa East mining area, within an area previously earmarked for the Kangra Power Station.
The proposed 65 hectare (Ha) Discard Dump will be designed to accommodate approximately 20 million tonnes of discard, comprising a volume of approximately 11 million m³ over a period of 15 years. The Maquasa East discard dump will be situated on Portion 0 (RE) of the farm Rooikop 18 HT, with a portion of the dump overlapping onto Portion 0 (RE) of the farm Maquasa 19HT.
The Discard Dump complex will include the Discard Dump, Pollution Control Dam (PCD) stormwater management infrastructure such as trenches and berms.
13-347 9 March 2016 Page 2 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Figure 1.1 Locality of Kangra Mining Operations near Piet Retief [REFER TO A3 FIGURE UNDER APPENDIX A]
13-347 9 March 2016 Page 3 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
1.2 Description of Land
The proposed Discard Dump will be located on Portion RE of the farm Rooikop 18 HT and Portion RE of the farm Maquasa 19 HT, which is located immediately adjacent (west of) the Maquasa East rehabilitated open cast pits, and to the east of the Maquasa West operation (refer to Figure 1.1). This area forms part of the Maquasa East mining right area (MRA). The proposed Discard Dump area is situated 40km west of the centre of the town of Piet Retief, approximately 2km north-east of the Heyshope Dam and approximately 2km east of the Driefontein Community in the Mpumalanga Province.
Furthermore, the Discard Dump is located within the jurisdiction of the Pixley ka Seme Local Municipality (PSLM), which forms part of the Gert Sibande District Municipality (GSDM). Part of the Maquasa East Mine, within which the Discard Dump site is located, forms part of the Mkhondo Local Municipality, which also falls within the GSDM.
The property details are provided in Table 1.1 and the property portions are shown in Figure 1.2.
Table 1.1 Property Details
PROPERTY DESCRIPTION EXTENT (HA) TITLE DEED NUMBER OWNER ON TITLE DEED Rooikop 18HT, Portion 0 1278.2241 T78816/2004 Kangra Coal (Pty) Ltd (Remaining Extent) Maquasa 19 HT, Portion 0 1712.3421 T145840/2004 Kangra Coal (Pty) Ltd (Remaining Extent)
The boundary of the proposed Discard Dump complex is shown in Figure 1.2. More detailed information regarding the layout of the Discard Dump is provided in Chapter 3.
1.3 Need and Desirability of the project
Ms Susan Shabangu, the former Minister of Mineral Resources of South Africa, in an address at the South African Coal Export Conference 2012, stated the vital and strategic role played by coal in South Africa’s economy.
In order to facilitate the proposed expansions of Kangra’s mining areas and the subsequent extension of the life of mine (LoM) of these operations, a new Discard Dump is required to accommodate the additional discard that will be produced. An expansion of the LoM will also facilitate the retention of jobs in the long term.
13-347 9 March 2016 Page 4 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Figure 1.2 Property Details [REFER TO A3 FIGURE UNDER APPENDIX A]
13-347 9 March 2016 Page 5 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
1.4 The Applicant
The applicant is Kangra Coal (Pty) Ltd. (Kangra). The relevant contact details for the applicant are provided in Table 1.2.
Table 1.2 Applicant’s Details
NAME OF APPLICANT Kangra Coal (Pty) Ltd CONTACT PERSON(S) Millicent Mkhwanazi CONTACT NUMBER +27 17 730 6309 FAX +27 17 826 5284 POSTAL ADDRESS Savmore Colliery – Maquasa East P.O. Box 745 Piet Retief 2380 EMAIL [email protected]
1.5 Environmental Assessment Practitioner
GCS has been appointed by Kangra to undertake the environmental authorisation application processes in terms of the MPRDA, NEMA and National Water Act, 1998 (Act No. 36 of 1998) (NWA). The relevant details of the GCS Environmental Assessment Practitioner (EAP) are presented in Table 1.3.
Table 1.3 EAP’s Details
NAME OF EAP Renee Francis-Steele YEARS OF PROFESSIONA L 8 years EXPERIENCE PROFESSIONAL REGISTRATION Cert. Sci. Nat. (Registration No. 200224/13) CONTACT NUMBER (031) 764 7130 FAX (031) 764 7140 POSTAL ADDRESS PO Box 819, Gillitts, 3603 EMAIL [email protected]
GCS is an independent environmental consulting firm and declares itself an independent EAP, which has no vested interest in the outcomes of the applications.
Furthermore objectivity will not, under any circumstances, be compromised in the carrying out of the environmental authorisation application processes. All the relevant specialist investigations, project material, reports as well as the issues and response report resulting from the public consultation process will be submitted to the competent authorities to allow for informed decisions to be made.
13-347 9 March 2016 Page 6 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
1.6 Legislative Context
The environmental legislation applicable to the Discard Dump project is discussed in this chapter.
1.6.1 Constitution of South Africa
The Constitution of South Africa, 1996 (Act No. 108 of 1996) reigns supreme and the advancement of human rights is one of the foundations of South Africa’s democracy. Section 24(a) proclaims the right of everyone “ to an environment that is not harmful to their health or well-being ”.
The constitutional environmental right elevates the importance of environmental protection and conservation, and emphasises the significance that South Africans attach to a sound and healthy environment. In addition, the environmental right applies horizontally and this implies that any industry has to exercise a duty of care if liability, on the basis of the constitutional environmental right, is to be avoided. The constitutional environmental right is given effect to by means of detailed statutory provisions ranging from framework to sectorial legislation which relate to mining.
1.6.2 Mineral and Petroleum Resources Development Act
The MPRDA provides that South Africa’s mineral and petroleum resources belong to the nation and that the DMR is the custodian thereof. The MPRDA allows the DMR to promote equitable access to these resources, as well as give effect to Section 24 of the South African Constitution by ensuring the nation’s mineral and petroleum resources are developed in an efficient and ecologically sustainable manner.
By virtue of Section 37(1) of the MPRDA, the NEMA principles apply to the mining sector and therefore the mining industry must adopt a risk-averse and cautious approach; prevent negative impacts or effects of their activities on the health and well-being of people and the environment; and pay for all their pollution since they remain liable for the effects of their policies, projects, programmes, products, processes, services or activities throughout their life cycles.
Section 102 of the MPRDA provides that “A reconnaissance permission, prospecting right, mining right, mining permit, retention permit, technical corporation permit, reconnaissance permit, exploration right and production right work programme; mining work programme, environmental management programme, and environmental management plan may not be amended or varied (including the extension of the area covered by it or by
13-347 9 March 2016 Page 7 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
the addition of minerals or a share or shares or seams, mineralized bodies, or strata, which are not at the time subject thereof) without written consent of the Minister.”
Legal Requirement The proposed development of the Discard Dump constitutes a change to the EMPr, therefore an approval of the EMPr addendum is required from the DMR before the development may commence. An EMPr amendment was submitted to the DMR in 2012 to combine the EMPrs for the different Kangra operations in the Piet Retief area.
The current application process comprises an application for an addendum to the 2013 EMPR Consolidation and Amendment.
The EMPr Consolidation and Amendment document approved in August 2014, applied to combine the mining rights and EMPrs for the Maquasa East, Maquasa West, Nooitgesien and Rooikop mining areas. Mining Right No. (MP) 30/5/1/2/2/134MR and (MP) 30/5/1/2/2/2/209MR were consolidated into (MP) 30/5/1/2/2/133MR: • (MP) 30/5/1/2/2/134MR : issued on Portion of the Remainder of the Farm Nooitgesien 381 IT, Portion of Mineral Area No. 1 of the Farm Maquasa 19 HT and Portion of the Mineral Area No. 1 on the Remaining Extent of the Farm Rooikop 18 HT, Magisterial District of Wakkerstrom (Maquasa West and Nooitegesien); • (MP) 30/5/1/2/2/2/209MR: issued on Portions 1 and 2 of the Farm Kransbank 15 HT, Magisterial District of Wakkerstrom (Maquasa West underground); • (MP) 30/5/1/2/2/133MR : issued on Remaining Extent of the Farm Maquasa 19 HT, Roodekraal 21 HR and Rooikop 18 HT, Magisterial District of Wakkerstrom (Maquasa East and Rooikop).
1.6.3 National Environmental Management Act
Section 2 of the NEMA provides for a comprehensive array of principles which cumulatively aim to create among others, corporate socially responsible behaviour by establishing legal liability for environmental damage, as well as damage to human health and well-being.
Any decision taken in respect of the application for environmental authorisation should take into account these principles which includes the Polluter Pays Principle, the Precautionary Principle, the Preventative Principle and the Cradle-to-Grave Principle.
Apart from these principles, the NEMA also contains mechanisms, procedures and structures to facilitate pollution prevention, minimisation and remediation. A duty of care is
13-347 9 March 2016 Page 8 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
contained in Section 28, which encompasses the main liability provision which applies retrospectively (includes historical pollution).
Section 24 of the NEMA provides that the Minister may list activities which may not commence without prior authorisation from the competent authority. Furthermore the potential consequences for or impacts on the environment of listed activities must be considered, investigated, assessed and reported on to the competent authority before such a decision is made.
Legal Requirement The proposed construction of the Discard Dump and associated infrastructure trigger activities listed (refer to Table 1.4) in terms of Section 24 of the NEMA.
A Scoping and EIA process is therefore required in order to apply for environmental authorisation from the Mpumalanga Department of Agriculture Rural Development, Land and Environmental Affairs (MDARDLEA).
The applicable activities, summarised in Table 1.4, are listed in Listing Notice 2 (Government Notice 545 (GN545) as amended by Government Notice 923, published in Government Gazette No. 37085 on 29 November 2013. This Listing Notice has since been repealed by Government Notice R 984, published in Government Gazette (GG) No. 38282 on 4 December 2014.
Furthermore, the regulations published in terms of the NEMA (2010 Regulations: Government Notice 543 (GNR543), published in GG No. 33306 on 18 June 2010) where repealed and replaced by Government Notice R 982 published in GG No. 38282 on 4 December 2014. However, due to the fact that the application for the Discard Dump was submitted before 4 December 2014, the application process being followed to comply with the 2010 regulations.
Table 1.4 NEMA Listed Activities triggered by the proposed Discard Dump
ACTIVITY LISTED ACTIVITY DESCRIPTION TRIGGERED BY
13-347 9 March 2016 Page 9 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
ACTIVITY LISTED ACTIVITY DESCRIPTION TRIGGERED BY The construction of facilities or infrastructure for The construction and operati on any process or activity which requires a permit or of the discard dump and license in terms of national or provincial legislation pollution control dam requires a governing the generation or release of emissions, Water Use Licence for the water pollution or effluent and which is not identified in use listed in terms of Section 21 GNR545 Notice No. 544 of 2010 or included in the list of (g) (Disposing of waste in a Activity 2 waste management activities published in terms of manner which may detrimentally section 19 of the National Environmental impact on a water resources), Management: Waste Act, 2008 (Act No. 59 of 2008) which must be issued by the DWS in which case that Act will apply.
Physical alteration of undeveloped vacant or The proposed discard dump area derelict land for residential retail, commercial, is planned on undeveloped land recreational, industrial or institutional use where and exceeds 20 hectares in the total area to be transformed is 20 hectares or extent. more; GNR545 Activity 15 except where such physical alteration t akes place for: (i) linear development activities; or (ii) agriculture or afforrestation where activity 16 in this Schedule will apply. The construction of a dam, where the highest part The develo pment of a pollution GNR545 of the dam wall, as measured from the outside toe control dam. of the wall to the highest part of the wall, is 5 Activity 19 metres or higher or where the high-water mark of the dam covers an area of 10 hectares or more.
1.6.4 National Water Act
One of the main and ever-continuing concerns in South Africa is the sustainability of water management, and the costs associated with the prevention and remediation of pollution in a country with an average rainfall far below international standards. The NWA is one of the government’s answers to some of these challenges and functions as sectoral legislation within the framework of NEMA.
Section 19 of the NWA mirrors the provision of Section 28 of NEMA and addresses the prevention and remediation of the effects of pollution.
Section 21 of the NWA lists 11 consumptive and non-consumptive water uses. Section 22 of the NWA provides that water may be used if it is permissible in terms of Schedule 1 of the NWA, is an existing lawful water use defined under Section 32; is permissible under a General Authorisation Notice published in terms of the Section 39, or if it is licensed in terms of Section 40 of the NWA.
The following water uses are triggered by the proposed development:
13-347 9 March 2016 Page 10 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
• Section 21(g) - Disposing of waste in a manner which may detrimentally impact on a water resource. • Section 21 (c): Impeding or diverting the flow of water in a water resource. • Section 21 (i): Altering the bed, banks, course or characteristics of a watercourse.
Legal Requirement A water use licence is required for the above listed water uses triggered by the construction and operation of the Discard Dump and PCD.
An Integrated Water Use Licence Application Report (IWULA) and an accompanying Integrated Water and Waste Management Plan (IWWMP) need to be submitted to the DWS to apply for the WUL in respect of the proposed water uses.
1.6.5 GN704
Section 26 (1) of the NWA makes provision for the Minister of Water Affairs to make regulations to control, monitor, modify or prohibit various practices related to water use. Government Notice 704 was promulgated by the Minister on 4 June 1999 in Government Gazette vol. 408, No. 20119 (GN704). The GN704 Regulations were published in terms of Section 26 (1), (b), (g) and (i) of the NWA and pertain specifically to water uses for mining and related activities.
Section 3 of the GN704 makes provision for exemption from the requirements of the GN 704 schedules. This exemption will only be granted if the mine can prove that they have implemented measures according to the best practice guidelines and regulations that will ensure the protection of the water resources at all times.
Legal Requirement Exemption is required from Regulation 4 (a) of the GN704 due to the proposed Discard Dump being located within 100m of a surface water resource. This application will be made as part of the IWULA report to be submitted.
1.6.6 National Environmental Management: Air Quality Act
The purpose of the National Environmental Management Act, 2004 (Act No. 39 of 2004) (NEMAQA) is to prevent air pollution, to enhance air quality and to ensure sustainable
13-347 9 March 2016 Page 11 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
development. Section 8 of the Act provides for the setting of national air quality standards, monitoring and management of air quality and emissions.
Section 32 deals with dust control measures and provides for the Minister to prescribe measures for the control of dust in specified places or areas, either in general of by specified machinery or in specified instances the steps to be taken to prevent nuisance or other measures aimed at the control of dust.
Section 34 provides for measures to control noise. These measures may be promulgated through regulations. As none have been promulgated, it appears that the noise control measures promulgated in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989) (ECA) still apply.
Section 21 of the NEMAQA makes provision for the listing of activities which result in atmospheric emissions, which must be licensed prior to commencement in accordance with Section 22 of the NEMAQA.
Legal Requirement No Atmospheric Emission Licence is required in terms of the NEMAQA.
The storage and handling of ore and coal not situated on the premises of a mine or works is listed in Subcategory 5.1 of Government Notice No. 248, published in GG No. 33064 on 31 March 2010. The proposed Discard Dump falls within a mining right area, therefore this listed activity is not triggered.
The proposed Discard Dump area is located within the Highveld Priority Area (HPA), declared in terms of section 18 (1) of the NEMAQA, in Government Notice No. 1123, in Government Gazette No. 30518, dated 23 November 2007.
A Priority Area Air Quality Management Plan (AQMP) for the HPA was developed in terms of section 19 (3) of the NEMAQA, and published in Government Notice NO. 144, in Government Gazette No. 35072, dated 2 March 2012.
1.6.7 National Environmental Management: Waste Act
The National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA) fundamentally reformed the law regulating waste management, and for the first time provides a coherent and integrated legislative framework addressing all the steps in the waste management hierarchy (waste avoidance, reduction, re-use, recycle, which is the
13-347 9 March 2016 Page 12 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
overall approach that informs waste recycling, recovery, treatment and safe-disposal as a last resort). The NEMWA (Section 5 (2)) provides that the Act should be interpreted and guided in accordance with the NEMA principles.
The objects of the NEMWA are to protect health, well-being and the environment by providing reasonable measures for, inter alia, remediating land where contamination presents, or may present, a significant risk of harm to health or the environment.
The NEMWA provides for a licensing regime specific to waste management activities. It replaces the historical system of permits issued in terms of the repealed Section 20 of the Environment Conservation Act, 1989 (Act No. 73 of 1989) (ECA). Category A activities require a basic assessment process and Category B activities require a Scoping and EIA process as prescribed in the NEMA regulations.
On 2 June 2014 the amendment to the NEMWA was published (effective on the date of publication), providing that residue stockpiles, which includes discard dumps, were included under Schedule 3 of the NEMWA as hazardous waste. This meant that the proposed Discard Dump requires a Waste Management Licence (WML) in terms of the NEMWA.
Following the above mentioned amendment, Government Notice Regulation 633 (GNR633) was published in Government Gazette No. 39020 on 25 July 2015, which amended the Waste Management Activities List (published in Government Notice No. 921, of 29 November 2013 as amended by Government Notice No. R. 332 of 2 May 2014). This amendment specifically lists the establishment or reclamation of residue deposits and stockpiles as a waste management activity, which requires a WML.
Legal Requirement A WML is required for the following Category B activity now listed under the Waste Management Activities List: (11) The establishment or reclamation of a residue stockpile or residue deposit resulting from activities which require a mining right, exploration right or production right in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).
The competent is authority for the NEMWA application is the DMR.
The WML application is beyond the scope of this process. It is recommended that the DMR is contacted regarding the required WML to determine if an additional application is necessary of if the current process is sufficient for the granting of a WML.
13-347 9 March 2016 Page 13 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Government Notice Regulation No. 632, published in Government Notice 39020 on 24 July 2015 (GNR632) (“Regulations Regarding the Planning and of Residue Stockpiles and Residue Deposits from a Prospecting, Mining, Exploration or Production Operation” ) must be adhered to in respect of the proposed Discard Dump.
Legal Requirement The GNR632 provides that the planning, management and assessment of the residue stockpile must be undertaken in accordance with the regulations set out therein. The planning, i.e. design, waste characterisation, geotechnical study and groundwater assessment was undertaken in accordance with the relevant regulations and DWS best practices.
1.6.8 Spatial Planning and Land Use Management Act
The Spatial Planning and Land Use Management, 2013 (Act No. 16 of 2013) (SPLUMA), which came into effect in 2015, provides a framework for local and provincial authorities in respect of spatial planning and land use policies.
Section 24 of the SPLUMA provides that local municipalities must, within 5 years of commencement of the Act, adopt and approve a single land use scheme for its entire area, including areas not previously subject to a land use scheme.
Section 26 (3) of SPLUMA provides: “Where no town planning or land use scheme applies to a piece of land, before a land use scheme is approved in terms of this Act such land may be used only for the purposed listed in Schedule 2 to this Act and for which such land was lawfully used or could lawfully have been used immediately before the commencement of this Act.” Schedule 2 lists land use for mining purposes as: “purposed normally or otherwise reasonably associated with the use of land for mining.
Although the proposed Discard Dump will be located within an existing MRA, adjacent to rehabilitated opencast pits, Kangra must ensure that the correct land use is allocated to the properties in question by the local municipality in any land use scheme being prepared. Kangra must also liaise with the local municipality regarding any rezoning permit which may be required. The rezoning does not form part of the EIA process, so it will therefore this issue will be addressed by Kangra during the planning phase of the development.
13-347 9 March 2016 Page 14 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
Legal Requirement The rezoning requirements must be determined in consultation with the local municipality. Should it be determined that rezoning is necessary, this must be undertaken by Kangra prior to any construction taking place.
1.6.9 Other Legislation
The legislation which has been reviewed during the compilation of this document includes: • Hazardous Substance Act, 1973 (Act No. 15 of 1973)(HSA); • The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEM:BA); • The National Heritage Resources Act, 1999 (Act No. 25 of 1999) (NHRA); • The Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983) (CARA); • The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) (MHSA); and • The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) (OHSA).
1.7 Environmental Process
The three (3) environmental application processes currently underway in respect of the proposed Discard Dump are summarised in Table 1.5. This section provides an overview of the application process undertaken to date, as well as the remaining process. A detailed description of the public participation process (PPP) is given under Chapter 5 of this report.
The application processes have been integrated as far as possible to also allow for an integrated public participation process (PPP) (refer to Chapter 5 of this report) and for the completion of all the necessary specialist studies.
The application process can be divided into four main phases (refer to Figure 1.3 and the discussion which follows): • Application phase; • Scoping and PPP initiation; • EIA Phase and public feedback and • Final submission and CA feedback.
Table 1.5 Summary of Environmental Authorisations Required
LEGISLATION APPLICATION AUTHORISATION REQUIRED COMPETENT AUTHORITY (CA) PROCESS
13-347 9 March 2016 Page 15 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
LEGISLATION APPLICATION AUTHORISATION REQUIRED COMPETENT AUTHORITY (CA) PROCESS Mpumalanga Department of Agriculture Rural Development, NEMA Scoping and EIA Positive Record of Decision Land and Environmental Affairs (MDARDLEA) Integrated Water Use Department of Water and NWA IWULA Licence (IWUL) Sanitation (DWS) Addendum to Department of Mineral Resources MPRDA Approval of addendum approved EMPr (DMR) Witbank
Figure 1.3 Environmental Process Flow Diagram
1.7.1 Application phase
An application form was submitted to the MDARDLEA on 25 February 2014 to initiate the NEMA application process.
The application was accepted and a reference number (17/2/3 GS-240) issued on 5 March 2014. The applicant and EAP were instructed to continue with the application process.
13-347 9 March 2016 Page 16 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
1.7.2 Scoping and PPP initiation
Once the NEMA application reference number was received the registered Interested and Affected Parties (I&APs) and the public were notified of the application in writing via a newspaper advertisement, site notices, Background information documents (BIDs) and text messages (sms).
A draft Environmental scoping report (ESR) was compiled in accordance with the requirements set out in the NEMA 2010 Regulations (GNR543) and the MPRDA Regulations (GNR527, published in GG 26275, on 23 April 2004). The Draft ESR was placed at public venues for public review during April/May 2014 (refer to chapter 5) before submission to the DMR. After a second review period the Final ESR was submitted to the MDARDLEA in November 2014.
In terms of the MPRDA, Ms Matshilele Ramhova of the DMR confirmed that the EIA process could proceed (email dated 11 November 2014). In terms of the NEMA process, the final ESR was accepted in a letter dated 21 January 2015. The MDARDLEA also requested that an Avifaunal Assessment is undertaken for the proposed development area and submitted with the EIR.
1.7.3 EIA Phase and Public Feedback
The EIA Phase will involve the following activities: • Public review of the draft EIR/EMPr (30 calendar days); • A public feedback meeting to discuss the outcomes of the various specialist studies undertaken; and • Compilation of the IWULA and IWWMP.
1.7.3.1 NEMA EIR/EMP The application process set out in the NEMA regulations (GNR543) requires that an EIR and EMP are compiled. This report has been compiled as a combined EIR and EMP report and meets the requirements set out in the GNR543.
Furthermore, all specialist studies have been compiled by qualified environmental experts, in accordance with the minimum requirements stipulated in the regulations.
1.7.3.2 MPRDA EMP Addendum This report has been compiled as a combined EIR and EMP report and meets the requirements set out in the MPRDA regulations.
13-347 9 March 2016 Page 17 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
1.7.3.3 Integrated Water Use Licence Application The IWULA Report will contain all the necessary information as required on the relevant report checklist (as provided by the DWS). The IWWMP has been compiled in accordance with the IWWMP Operational Guideline, 2010.
These reports will not be placed in the public domain for review and comment, as this is not required in terms of the NWA.
1.7.3.4 Final Submission and Authority Feedback After the comments are received during the public feedback meeting and the public review period, they will be incorporated into the Final EIR/EMPr and IWULA and IWWMP Reports.
The following authority review periods are applicable: • NEMA: The GNR543 makes provision for a minimum of 121 days for the MDARDLEA to issue a decision (Acknowledgement of receipt- 14 days after submission; Accept/reject EIR/EMP- 60 days after submission; Reach a decision (grant/refuse) - 45 days after submission; and issue the Record of Decision (ROD) - 2 days after reaching decision); • MPRDA: The MPRDA (section 39 (4) (a)) provides that a decision would be reached within 120 days of the lodgement of an EMPr. Section 39 (5) further provides that the Minister may request additional information, although no timeframes are stipulated for a decision following the submission of additional information; and • NWA: There are no legislated timeframes for the consideration of IWULAs. Most applicants wait between 1 to 2 years to receive a decision from the DWS.
1.8 Report Structure
This report has been compiled to meet the requirements set out in the GNR543 in terms of the NEMA and the GNR527 in terms of the MPRDA. As such, it contains the following chapters: • Chapter 1 : Introduction - This includes the applicant and EAP details, an assessment of the environmental legal requirements, as well as a brief description of the environmental application process. • Chapter 2 : Project Description. This provides a brief overview of the current operations and a description of the proposed development. • Chapter 3 : Project Alternatives. This provides a description of the alternative disposal methods, options for discard disposal, disposal methods and land uses considered.
13-347 9 March 2016 Page 18 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
• Chapter 4: Environmental Baseline Description. This provides a current description of the biophysical and socio-economic environment within and immediately surrounding the proposed development area. • Chapter 5 : Public Participation. This chapter describes the process undertaken to inform and consult with the public and registered Interested and Affected Parties (I&APs). The proof of the consultation is attached under Appendix B. • Chapter 6 : Assessment of Environmental Impacts. This chapter includes the identification and assessment of the potential environmental and socio-economic impacts which may be caused by the proposed development. The significance of the potential impacts is assessed without, then with proposed mitigation measures to determine if the potential impacts can be appropriately avoided, mitigated or managed. • Chapter 7: Environmental Management Plan. This chapter comprises the environmental management plan which includes specific environmental management measures, timeframes within which each measure must be undertaken, the persons to whom the tasks must be assigned as well as the associated annual management costs. • Chapter 8 : Monitoring Programme. This chapter comprised the proposed programme for monitoring the environmental impacts of the proposed development as well as the efficacy of the proposed management measures. • Chapter 9: Rehabilitation Plan. This chapter comprises the rehabilitation plan for the closure of the discard dump. • Chapter 10: Environmental Awareness and Emergency Response Plan. The plan is attached as a separate report under Appendix E. • Chapter 11: Financial Provision. This chapter comprises a summary of the Financial Provision for closure. A full report which presents the methodology and full assessment is attached under Appendix F. • Chapter 12: Information Gaps and Recommendations. This chapter summarises all information gaps and the significance of these information gaps. • Chapter 13: Conclusion. This is a summary of the main findings and includes the EAPs recommendations.
13-347 9 March 2016 Page 19 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
2 PROJECT DESCRIPTION
2.1 Project background (current and future mining)
The information in this section has been extracted from the Section 102 Consolidation and Amendment Report (GCS, April 2013), which was approved in August 2014.
The Maquasa East, Maquasa West, Rooikop and Nooitgesien mining areas are the closest Kangra operations to the proposed Discard Dump operation. The proposed Kusipongo underground mine will be located to the west of the proposed Discard Dump.
2.1.1 Maquasa East (underground and opencast) and West (underground)
The Maquasa West is an active underground and opencast operation (Nooitgesien), while mining at Maquasa East recently ceased. All mining related surface infrastructure, which includes the coal washing plant, is located at Maquasa East. All coal mined at the Maquasa West and Nooitgesien areas is processed at this washing plant. In addition, there is a screening plant at Maquasa West.
The following infrastructure are existing at Maquasa East: • Conveyors and associated service roads (transporting mined coal to the Maquasa East processing plant); • Power lines and associated service roads; • Access roads; • Haul roads; • Water Pipeline; • Crushers (Maquasa East); • Washing and screening plant (Maquasa East); • Overburden and stockpile (i.e. topsoil, run of mine ore, product) dumps; • Existing Discard dump (Maquasa East); • Offices, workshops and ancillary buildings (Maquasa East and West); • Diesel storage; and • Borrow pits.
The following expansions were applied for in the 2012 Section EMPr: • The addition of two (2) new opencast resource pits at Maquasa East (Pit A and D); and
13-347 9 March 2016 Page 20 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
• The expansion of four (4) opencast resource pits at Maquasa West (Pit A, B, C and D). The proposed Discard Dump area is located adjacent to the Maquasa East Pit D (refer to Figure 1.1), which already been mined and backfilled.
2.1.2 Nooitgesien Mining Area
Kangra has expanded their mining operations by establishing six (6) new opencast pits (one of which is situated near the Maquasa East mining area and the remainder at the Nooitgesien mining area), as well as the addition of two (2) underground resource areas and four (4) waste rock discard dumps.
2.1.3 Rooikop
Rooikop was mined coal using both opencast and underground mining methods. Mining has ceased at this operation and the open voids are filled with water. Kangra Coal intends to explore various options to make use of or treat the water.
2.1.4 Kusipongo
The proposed Savmore Colliery Kusipongo adit will be located approximately 10km to the west of the Maquasa East operation, with a 10km overland conveyor linking the adit to the coal washing plant.
2.1.5 Projected coal tonnages
According to the approved Consolidated EMPr, it is envisaged that the mining of the Maquasa West and Nooitgesien expansion areas will produce 80 000 tons of coal per month with an estimated life of mine (LoM) of 5 to 6 years
According to the EIA Report compiled by ERM Southern Africa (ERM) in respect of the proposed Kusipongo mining area, it is envisaged that the operation will have a LoM of 10 to 20 years with the potential to generate a run of mine (ROM) production volume of approximately 3.6 to 3.8Mtpa.
Kangra proposes to construct a new Discard Dump at the Maquasa East mining area, to dispose of the additional discard which will be created due to Kangra’s’ proposed underground mining expansion project.
13-347 9 March 2016 Page 21 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
2.2 Description the Discard Material
2.2.1 Hydrogeochemical Characterisation of the Discard
A hydro-geochemical assessment was performed on a 52kg sample of discard provided by Kangra. The assessment methodology, as well as the detailed results are presented in the Hydrogeochemical Report compiled by Geostratum, attached under Appendix C of the Hydrogeological Report (Appendix C-6).
The sample provided was crushed, split into two samples (ABK601 and ABK602), and milled prior to testing.
2.2.1.1 Mineralogy and Total Chemical Composition
The results showed that Gypsum (CaSO 42H 2O) and Quartz (SiO 2) (originating from calcic rock) were the major minerals in the sample.
Kaolinite (Al 2Si 2O5 (OH) 4); Microcline (KAlSi 3O8); and Muscovite (KAl 2(Si 3Al)O 10 (OHF) 2)
occurred as minor minerals within the sample. Calcite (CaCO 3) occurred as an accessory mineral and is an important mineral in the neutralisation of acidity produced by pyrite oxidation in acid-mine drainage (AMD) and frequently occurs in Karoo sedimentary rocks.
Plagioclase (NaAlSi 3O8-CaAl 2Si 2O8) and Pyrite (FeS 2) occurred in trace quantities.
2.2.1.2 Acid Rock Drainage Potential
The potential of geological material to oxidise and generate acidic drainage were determined through acid-base accounting (ABA) and net acid generation (NAG) analyses, respectively.
ABA is a set of analytical methods that measures acid generation potential through independent determination of acid generating (AP) and neutralising (NP) content. These tests provide an important first order assessment of potential drainage that could be expected from the discard material.
NAG analysis, in combination with ABA tests, can be used to indicate the likelihood of acid generation or stored acidity. From the ABA and NAG test results, the following observations could be made: • Pyrite was the only sulphide detected in the rock through means of X-ray Diffraction (XRD). It was assumed that oxidation of pyrite will be the only contributor to acidity;
13-347 9 March 2016 Page 22 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
• Both samples showed high percentage Sulphur (%S), above 0.3%, of 0.55% and 1.49% respectively; • The neutralisation potential for the one sample is slightly higher than the acid potential, while the other sample has a higher acid potential and is likely to generate AMD; and • During the NAG tests, only the second sample acidified. However, the part of the discard with lower %S will not be able to neutralise all acidity generated by the discard with the higher %S.
Overall, it could be concluded that the discard has a significant potential to generate acid mine drainage/seepage.
2.2.1.3 Static Leach Tests
Discard material was subjected to the following leach tests in order to identify the constituents that may leach out: • Peroxide leaching test – reacted with 400 ml of 15 % hydrogen peroxide with a rock/water ration of 1:100. This test simulates extreme conditions as all pyrite is oxidised at once. Under field conditions, not all pyrite constituents will be oxidised as some minerals are physically shielded by the rock matrix and oxidation will occur over a long period of time. • Reagent water leach test – 50g discard material reacted 1 000ml of reagent water solution for 18 hours with water/rock ration of 1:20. The test was performed using the extraction procedure for mono-filled waste according to Australian Standard (AS) 4439.3. • Toxicity Characteristic Leaching Procedure (TCLP) test – the test was performed using the extraction procedure for mono-filled waste according to AS 4439.3.
The leachate composition does not reflect the leachate that may be expected from the discard materials under field conditions. This is due to the fact that different leach rates and water rock ratios are used in the leach tests and do not reflect conditions that is site- specific.
The following observations were made from the leach testing: • Peroxide leach test: o The pH of the discard material is neutral to acidic, ranging between 3.26 and 6.92 (pH unit);
13-347 9 March 2016 Page 23 Kangra Coal (Pty) Ltd Maquasa East Discard Dump
o The leachate showed elevated dissolved concentrations of aluminium, iron, manganese, nickel, lead and vanadium and to a lesser degree chromium; and o A positive correlation is present between the %S and the sulphate extracted from the material.
• Reagent water leach test: o The pH of the discard material is neutral, ranging between 6.49 and 6.55 (pH unit); and o The leachate showed no elevated dissolved concentrations for metals or trace elements. • TCLP leach test: o The pH of the discard material is acidic, ranging between 5.25 and 5.39 (pH unit); and o The leachate showed elevated dissolved concentrations of iron and manganese and to a lesser degree aluminium and nickel.
2.2.2 Waste Classification
The NEMWA, Waste Classification and Management Regulations (Government Notice No. 634, published in Government Gazette No. 36784, dated 23 August 2013) require that all waste generated by waste generators, subject to sub regulation (2) of the act, be classified in accordance with SANS 10234 within one-hundred-and-eighty (180) days of generation.
Waste must be assessed in terms of the NEMWA National Norms and Standards for the Assessment of Waste for Landfill Disposal (GN634). Waste is assessed for the purpose of disposal to the landfill, by identifying the chemical substances present in the waste. This is done by sampling and analysing the total concentrations (TC) and leachable concentrations (LC) of the elements that have been identified in the waste and comparing that to the threshold limits specified in Section 6 of the Norms and Standards.
The results of the TC and LC are summarised below (refer to the results in Table 6.7 and Table 6.8 of the Hydrogeology Report, Appendix C-6): • Barium, copper and lead results fall below the total concentration threshold (TCT0) limits ( The discard material would be classified as Type 3 Waste based on the results of the TC and LC analysis and the determination of waste types for landfill disposal Section 7(2) (d) that 13-347 9 March 2016 Page 24 Kangra Coal (Pty) Ltd Maquasa East Discard Dump stipulates: “Wastes with all element or chemical substance leachable concentration levels for metal ions and inorganic anions below or equal to the LCT0 limits are Type 3 Waste.” 2.3 Description the proposed development A new Discard Dump is required, which will be located within the Maquasa East Mining Area on Portion RE of the farm Rooikop 18 HT, with a small area of the dump on Portion RE of the farm Maquasa 19 HT, in the vicinity of Piet Retief, Mpumalanga Province. The Discard Dump will accommodate discard produced from the washing plant located at Maquasa East, which currently wash and screens coal from the surrounding Kangra Mining sections and will, in future, receive coal from the future expansion areas which are discussed under section 2.1 of this report. The Discard Dump has been designed by Geotail (Pty) Ltd and the description provided in this section has been extracted from the Design Report (September 2014), which is attached under Appendix E of this report. The recommendations made in the Geotechnical Report (Appendix C-7) and in the draft Groundwater Assessment Report (refer to final version under Appendix C-6) were incorporated into the Discard Dump design. 2.3.1 General Layout The Discard Dump will be developed as a three-compartment side hill type storage facility with a footprint of approximately 65ha. The three-compartment layout allows for a modular implementation approach (Phases 1, 2 and 3) with the benefit of delaying capital expenditure. The following structures will be required: • Lined Discard Dump (to be constructed in three different compartments/phases); • Under-drainage system; • Boundary fence; • Internal haul roads • Catchment Paddocks; • Two compartment, HDPE lined Pollution Control Dam (PCD) (one compartment to be operated as empty); and • Stormwater management infrastructure, such as berms and trenches. The layout of the proposed Discard Dump is presented in Figure 2.1. The location and extent of the Discard Dump is provided in Figure 1.2 (refer to chapter 1 of this report). 13-347 9 March 2016 Page 25 Kangra Coal (Pty) Ltd Maquasa East Discard Dump Figure 2.1 Discard Dump Layout (Geotail, 2014) [REFER TO A2 FIGURE UNDER APPENDIX A ] 13-347 9 March 2016 Page 26 Kangra Coal (Pty) Ltd Maquasa East Discard Dump 2.3.2 Dimensions and life of the facility The proposed Discard Dump was three-dimensionally modelled for an accurate determination of the relationship between the height, area and capacity. The results of this modelling, are the capacity and dimensions of the Discard Dump summarised in Table 2.1. Table 2.1 Dimensions and Capacity of the proposed Discard Dump DESCRIPTION TOTAL/UNIT PHASE 1 PHASE 2 PHASE 3 Life of facility 20 years 7.4 7.4 5.4 Extent of Discard Dump 65ha 23.5 21.9 19.3 Capacity of discard dump 20.2 million tonnes 7.4 7.4 5.4 (Mt) Airspace available 11.2 million m³ 4.1 4.1 3.0 Final vertical height of Discard m 34 33 32 Dump Deposition rate 1 million tonnes per - - - annum of coarse material** Final side slope area Ha 13.1 9.0 8.2 Final top surface area 38ha 9.5 13.9 14.6 2.3.3 Construction/Disposal Method The coal discard will be transported from the Maquasa East coal washing plant to the new Discard Dump by truck, where it will be placed and compacted mechanically. The discard will be placed in horizontal layers (bottom-up) following an approved performance compaction specification. The design report recommends the following (to be verified by the Project Engineer prior to construction): • An access ramp will be required from where dumping can take place. Simultaneous dumping from more than one platform should be considered in order to reduce the advance rate of a platform and to prevent potential damage to the HDPE geomembrane; • The side slopes will be terraced and berm penstocks will be utilised to drain the permanent benches; • The final side slope geometry should include 10m wide benches at 10m vertical intervals; • The benches should be cross-graded at 1(v):10(h) and a 0.5m (minimum) high perimeter bund wall should be constructed. Berm penstocks should be extended to 13-347 9 March 2016 Page 27 Kangra Coal (Pty) Ltd Maquasa East Discard Dump the final height of the Discard Dump. The longitudinal slope of the benches should be modified to achieve the required longitudinal fall to the berm penstocks; • A perimeter bund wall should be implemented on the top surface. The top surface of each lift should be constructed to a 1(v):100(h) gradient that falls away from the perimeter bund wall in order to prevent overtopping at the side slopes (also an operational safety measure); • The soil cover (including vegetation) should be constructed to a final side slope angle of 1(v):3(h), giving the Discard Dump an overall slope of 1(v):4(h). The soil cover should be constructed to an agreed performance specification; • Survey control should be implemented to indicate the required limits for soil cover construction, as well as the required final as-built dimensions; and • The compaction specification for the coal discard should be investigated further and confirmed during the operation phase, by implementing the following procedure: o The Design Engineer should approve the compaction specification and lift thickness before construction commences. The specification will be influenced by the size of the construction equipment. If necessary, a test fill program should be implemented prior to construction; o Lift thickness should be measured; o The density and moisture content of the compacted discard material should be determined directly by conventional methods and indirectly by observing settlement of the fill; o Test pits should be excavated through the compacted layers to allow visual observation of lift thickness, particle size distribution and distribution of density; o Inspection should form a critical part of the quality control plan. The inspector should ensure that the field-testing program establishes the methods required to achieve the required quality, then to ensure that the quality is being maintained and quantify means of rejecting substandard work; o Records and data should be kept up to date (by means of photographs, notes and visual observations); and o The Design Engineer reserves the right to re-execute tests and to re-specify the compaction requirements from time to time based on material variability, compactor type, moisture content etc. 13-347 9 March 2016 Page 28