Amafa AkwaZulu-Natali PO Box 2685 Pietermaritzburg 3200 Heritage KwaZulu-Natal Tel: 033 394 6543 Fax: 033 342 6097 Erfenis KwaZulu-Natal Email: [email protected] Website: www.heritagekzn.co.za

Date: 07 September 2012 Ref: 12/07/24-01

Attention: Lungelo Ncwane NZINGWE CONSULTANCY Tel: 039 315 7751 Fax: 0393156737 Email: [email protected]

Dear Lungelo

RE: PROPOSED ONGOYE FOREST DEVELOPMENT

We acknowledge receipt of your dBAR and HIA by Albert van Jaarsveld for the above mentioned development. We are certified that no archaeological material was found. We request a Living Heritage Assessment of the area.

Heritage is protected in terms of the KwaZulu Natal Heritage Act No. 4 of 2008 and the National Heritage Resources Act No.25 of 1999 (Section 38 (1).

Please download a list of Amafa accredited HIA specialists on our website for a list of Historians: www.heritagekzn.co.za

Kind regards ~ok~ Weziwe Tshabalala Archaeology Permits For: Annie van de Venter - Radford (Deputy Director: Support, Professional and Technical Services) No hQAl-"'ta..,C(E !-eSClUOUS n6i-eci b:y At b~ ...rC( ~ ::rM'-' ~'€.-L d Office 00 Staffordshire Place 117 Marine Drive N Ii \ (, \\ l (() \ ,,: i I -\ \ ( \ Shelly Beach, 4265 En vi ro nm pn lal & Sd f{' I\' Pl a n n(' rs POBox 939,Shelly Beach, 4265 Telephone: 039 315 7751 Fax: 086 662 1789 ,I 1\ ' _ bieCise \=""'" ,de- "J;ArcAI \'\ e'2..l ':DFlFI"" e~p\o:jce AMAFA KZN Heritage I.e Mer 0 11 -\ t..-e p History/Anthropology ~ ::V'~' "-<' ~ <-e. Sr P.O. Box 2685 One, o~\ e \=Dres+-.J..: lihe J~NlcJ..o . Pietermaritzburg 3200 ..f l IVIv::5 H~(\~ 4 ~~-tu~CCV\ 12 AU9Ust ~-t ' ATT: Mrs. B. Pawandiwa

Dear Madam

RE: SUBMISSION OF THE DRAFT BASIC ASSESSMENT REPORT FOR ONGOYE FOREST DEVELOPMENT

Nzingwe Consultancy has been appointed by Ezemvelo KZN Wildlife to ensure that the above mentioned proposed project follows the applicable environmental process.

As an identified Interested and Affected Party (I&AP's) for the above mentioned project. Kindly receive the draft BAR for the above-mentioned project, please noted that in accordance to Section 24 of NEMA 1998 (Act 107 of 1998) you have 40 days on which to comment in. Trust you will find the above information in order and should you have any queries, or comments please do not hesitate to contact the undersigned.

Yours faithfully

r I"\N -. ... .~ ... C. S. Nqoko NZINGWE CONSULTANCY 1@0001 21 / 09 2012 08:59 FAX

:!::!: ::: TX Report :::: :::~

TRANSMISSION OK

TX/RX NO 2530 DESTINATION ADDRESS 0393156737 DESTI NATION ID ST. TIME 21 / 09 08 :58 TIME USE 00' 33 PAGES SENT 1 RESULT OK

Amafa AkwaZulu-Nafali PO Box 2685 Pietermaritzburg 3200 Heritage KwaZulu-Nafal Tel: 033 394 6543 Fax: 033 342 6097 Erfenis KwaZulu-Natal Email: [email protected] Website: www.heritagekzn.co.za

Date: 07 September 2012 Ref: 12/07/24-01

Attention: Lungelo Ncwane NZINGWE CONSULTANCY Tel: 0393157751 Fax: 0393156737 Email: [email protected]

Dear Lungelo

RE: PROPOSED ONGOYE FOREST DEVELOPMENT

We acknowledge receipt of your dBAR and HIA by Albert van Jaarsveld for the abcve mentioned development. We are certified that no archaeological material was found. We request a Living Heritage Assessment of the area.

Heritage is protected in terms of the KwaZulu Natal Heritage Act NO.4 of 2008 and the National Heritage Resources Act No.25 of 1999 (Section 38 (1).

Please download a list of Amafa accredited HIA specialists on our website for a list of Historians: www.heritagekzn.co.za

Kind regards

(\:j, \ ~ C\ ~\c~ · Weziwe Tshabalala Archaeology Permits For: Annie van de Venter - Radford (Deputy Director: Support, Professional and Technical Services) environmental affairs Department: Environmental Affairs REPUBLIC OF SOUTH AFRICA

File Reference Number: Application Number: Date Received:

Basic assessment report in te rms of the En vironmental Impact Assessment Regulations, 2010, promulgated in te rms of the National Envi ronmental Management Act, 1998 (Act No . 107 of 1998), as amended.

Kindly note that:

1. This basic assessment report is a standard report that may be required by a competent authority in terms of the EIA Regulations, 2010 and is meant to streamline applications. Please make sure that it is the report used by the particular competent authority for the activity that is being applied for.

2. The report must be typed within the spaces provided in the form. The size of the spaces provided is not necessari~ indicative of the amount of infonmation to be provided. The report is in the fonm of a table that can extend itself as each space is filled with typing.

3. Where applicable tick the boxes that are applicable in the report.

4. An incomplete report may be retumed to the applicant for revision .

5. The use of "not applicable" in the report must be done with circumspection because if it is used in respect of material infonmation that is required by the competent authOrity for assessing the application, it may result in the rejection of the application as provided for in the regulations.

6. Th is report must be handed in at offices of the relevant competent authority as detenmined by each authority.

7. No faxed or e-mailed reports will be accepted.

8. The report must be compiled by an independent environmental assessment practitioner.

9. Unless protected by law, all infonmation in the report will become public information on receipt by the competent authority. Any interested and affected party should be provided with the infonm ation contained in this report on request, during any stage of the application process.

10. A competent authority may require that for specified types of activities in defined situations only parts of this report need to be completed .

11 . Should a specialist report or report on a specialised process be submitted at any stage for any part of this application, the tenms of reference for such report must also be submitted .

. ,

1 BASIC ASSESSMENT REPORT

The proposed sites for the proposed development are all currently accessible just of the P240 which bisects the forest and has recently been tarred and existing access roads make it possible to access the sites. According to the Draft Scoping Report conducted by Ezemvelo KZN Wildlife in 2006 alternative 'open' sites were looked for however access and the rugged terrain in the high density zone identified in this area does not offer suitable opportunities for construction of this development. New access roads/routes would have to be established and these would cause extensive damage to the forest which would have long term negative impacts.

Alternatives outside of the protected area were considered, however in view of the proposed development of being a gateway to forest as well the fact that the construction of the proposed development would provide security and facilitate conservation and ecotourism management for the forest which is currently not available. In view of the above substantial reasons no other site alternatives were considered and for the purpose of this study only the sites provided in Appendix A were considered .

Due to the environmental impact assessment process being commenced during the winter season of the year the biological overview of the area was based on existing information provided in the main by Ezemvelo KZN Wildlife's District Ecologist and other available sources on the Ongoye Forest as a whole. Nzingwe Consultancy and Ezemvelo KZN Wildlife have agreed that a field survey of the specific site will be conducted during the spring period. Conducting the survey during autumn/winter season a number of important species both fauna and flora will not be accounted for thus not giving accurate account in terms impacts and mitigation of the proposed development. These specialist studies will therefore be conducted during the conducive spring season and be incorporated into the final basic assessment to be submitted to the Department of Environmental Affairs for assessment, I&AP's will be afforded an opportunity to comment on these studies as part of the public participation process.

Preferred Property Alternatives

The proposed development site is part of the Ongoye Forest which is known as a Coastal Scarp Forest and is home to rare and endemic species such as the giant Wood's Cycad (Encephalartos woodii) which has been extinct in the wild since the early 1900s. This type of forest is found on slopes and in secluded valleys between the coast and the Mistbelt (Mucina & Rutherford, 2006) . Other listed plants include: the Giant Umzimbeet (Millettia suther/andia), Forest Mangosteen (Garcinia gerrardil) , Forest Waterberry (Syzygium gerrardil) , Giant Pock Ironwood (Chionanthus peglerae), Zulu Bead-string (Alchomea hirlella), Natal Krantz Ash (Atalaya natalensis) , Natal White Stinkwood (Ceffis mildbraedil) and the Pondo Fig (Ficus bizane); Asclepias godon-grayae, Alchornea hirlella, Begonia dregei, Bolusiella rnaudiae , Dahlgrenodendron natalense, Emplectanthus caudatus, Encephalarlos ngoyanus.

Rare or endemic animals found in the area include an endemic subspecies of Red Bush Squirrel (Paraxerus palliatus ornatus), the endemic Woodward's Barbet (Stactolaema olivacea woodwardl) , two undescribed Dwarf Chamaeleons similar to the Qudeni Dwarf Chamaeleon (Bradypodion nemorale)and the rare Forest Green Butterfly (Euryphura achlys) and Ongoye Centipede (Cormocephalus grandulosis) ; Kloof frog , Green Barbet, Ongoye Red Squirrel. This forest is an important breeding area for the Eastern Bronze-naped Pigeon (Columba delegorguel) and home to the endangered Spotted Ground Thrush (Zoothera guttata ).

According to the Ezemvelo KZN Wildlife Terrestrial Systematic Conservation Plan the Protected Area Network illustrated by the Minset Map (see Append ix A) falls within the Biod iversity Priority Area (PBA) 1. The BPA 1 is said to have an irreplaceability =1 which is significantly high . The distribution of this feature is not always applicable to the entire extent of the project area however with an exception in certain grassland vegetation types which is where the footprint of the project are is , but is more often than not confined to a specific niche habitat e.g. a forest or wetland. For an area with such a high irreplaceability special mitigation measures would have to be considered to safeguard this feature then the potential for development could be permitted in the area

3 BASIC ASSESSMENT REPORT

3. ACTIVITY POSITION

Indicate the position of the activity using the latitude and longitude of the centre point of the site for each altemative site. The co-ordinates should be in degrees and decimal minutes. The minutes should have at least three decimals to ensure adequate accuracy. The projection that must be used in all cases is the WGS84 spheroid in a national or local projection. List alternative sites, if applicable. Latitude (5): Long itude (E): Alternative: 28' 50'57.24" 31' 39' 12.48" Alternative S12 (preferred or only site alternative) (Gate House) 28' 50'58.08' 31' 39' 14.28' Interpretive Centre 28' 50' 56.66" 31' 39' 13.88' Restaurant 28' 51' 04.4" 31' 39'03.1" Staff Quarters 28' 05' 56.10' 31' 39' 00.09' Managers Quarters 28' 51' 00.9' 31' 39' 18.8' Chalets Alternative S2 (if any) In the case of linear activities: Alternative: Latitude (S): Longitude (E): Alternative S1 (preferred or only route alternative) Starting point of the activity Middle/Additional point of the activity End point of the activity I: 1 : I: 1 : Alternative S2 (if any) Starting point of the activity Middle/Additional point of the activity End point of the activity I: 1 : I: 1 : Alternative S3 (if any) Starting point of the activity Middle/Additional point of the activity End point of the activity I: 1 : I: 1 : For route alternatives that are longer than 500m, please provide an addendum with co-ordinates taken every 250 meters along the route for each alternative alignment.

4. PHYSICAL SIZE OF THE ACTIVITY

Indicate the physical size of the preferred activity/technology as well as alternative activities/technologies (footprints): Alternative: Size of the activity: Alternative A1 3 (preferred activity alternative) 1,535m2 Alternative A2 (if any) Alternative A3 (if any) or, for linear activities: Length of the activity:

2 "Altemative S." refer to site alternatives. 3 • Altemative A. .• refer to activity, process, technology or other altematives. 5 BASIC ASSESSMENT REPORT 6.11 the positions from where photographs of the site were taken.

7. SITE PHOTOGRAPHS

Colour photographs from the centre of the site must be taken in at least the eight major compass directions with a description of each photograph . Photographs must be attached under Appendix B to this fonm. It must be supplemented with additional photographs of releva nt features on the site, if I applicable. S. FACILITY ILLUSTRATION

I A detailed illustration of the activity must be provided at a scale of 1: 200 as Appendix C for activities that include structures. The illustrations must be to scale and must represent a realistic image of the planned activity. The illustration must give a representative view of the activity.

9. ACTIVITY MOTIVATION

9(a) Socio-economic value of the activity What is the expected capital value of the activity on completion? What is the expected yearly income that will be generated by or as a result of the activity? Will the activity con tribute to service infrastructure? Is the activity a public amenity? How many new employment opportunities will be created in the development phase of the activity? What is the expected value of the employment opportunities during the development phase? What percentage of this will accrue to previously disadvantaged individuals? How many permanent new employment opportunities will be created during the operational phase of the activity? What is the expected current value of the employment opportuniUes during the first 10 yea rs? What percentage of this will accrue to previously disadvantaged individuals?

9(b) Need and desirability of the activity

Motivate and explain the need and desirability of the activity (including demand for the activity) :

please provide

7 BASIC ASSESSMENT REPORT Title of leg islation, policy or guideline: Administering authority: Date: Constitution of the Republic South Africa (Act National 1996 No. 108 of 1996, Section 24) General respect for the environment and people's riqhts to a healthy and clean environment Environmental Conservation Act National 1989 Section 20 removal and disposal of waste at a li censed landfill site National Environmental Management Act National 1998 Section 23, 24 requirements for environmental assessment of all activities wh ich have a significant DEAT and DAEA impact on the environment and which require authorization by law Section 29 Duty of care and remediation of environmental damaqe National Environmental Management: Protected National 2003 Areas Act, 2003 (Act No. 57 of 2003) (NEMPAA) National Water Act National 1998 Chapter 3 Section 19 This section imposes a duty DWA of care on ce rtain categories of persons to take reasonable measures to prevent Generat Authorisation 1.6 (c) (i) construction and maintenance purposes of infrastructure such as- (i) Railways, roads, footpaths , bridges, cu lverts and other access routes . Hazardous Substances Act National 1973

National Heritage Resource Act 25 of 1999 AMAFA 1999

National Health Act No. 61 of 2003 DoH 1977 Th is pertains to the right and duties of users and health care personnel in Chapter 2 Section 7. Occupational Health and Safety Act National Provides measures for promoting the health and DoL safety in the workplace National Environmental Management: Waste National 2008 Act No. 59 of 2008 Section 7 separation of waste DEAT at point source. Section 16 Separation of waste Conservation of Agricultural Resources Act 43 Department of Agriculture 1983 of 1983: Section 5 of the Act prohibits spreading of weeds. The overall intent of the Act is to provide for control over the utilisation of natural agricultural resources in order to promote the conservation of soil , water resources , vegetation and to combat weeds and invader plants. Regulations stipulate that weeds and invader plants should be eradicated or controlled in areas where they are not used for recreational or economic purposes National Environmental Management: Department of 2004 Biodiversity Act (No. 10 of 2004) Environmental Affairs and Tou rism KwaZulu-Natal Health Act, Act 4 Of 2000; Department of Health 2004 KwaZulu Natal Planning and Development Act, Department of 1998 Act 5 of 1998; Development and plannina Land Survey Act, Act 8 of 1997; Department of Land 1997 Affairs Local Authority laws and by- laws; Department of local 2007 government and traditional affairs 9 I I BASIC ASSESSMENT REPORT ! Will the activity produce solid waste during its operational phase? NO If yes, what estimated quantity will be produced per month? How will the solid waste be dis osed of describe? he development will produce general domestic waste which will be disposed of at the Mthunzini Landfill Site ere WI (describe)? IN/A If the solid waste (construction or operational phases) will not be disposed of in a registered landfill site or be taken up in a municipal waste stream, then the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. Can any part of the solid waste be classified as hazardous in terms of the relevant legislation? If yes, inform the competent authority and request a change to an application for scoping and EIA. Is the activity that is being applied for a solid waste handling or treatment I YES I NO I facility? . . . If yes, then the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA.

11 (b) Liquid effluent

Wi ll the activity produce effluent, other than normal sewage, that will be disposed of in a municipal sewage system? If yes, what estimated quantity will be produced per month? Will the activity produce any effluent that will be treated and/or disposed of on site? If yes, the applicant should consult with the competent authority to detenmine whAthAr necessary to change to an application for scoping and EIA. Will the activity produce effluent that will be treated and/or disposed of at another facility? If yes, provide the particulars of the facility: Facility name : uThungulu Regional Landfill Site Contact Mr. E. Marias person : Postal P/Bag x 1025, Richards Bay address: Postal code: 3900 Telephone: 0357992500 I Cell: IN/A E-mail : N/A I Fax: /)357898176 Describe the measures that Will be taken to ensure the optimal reuse or recycling of waste water, if any:

11(c) Emissions into the atmosphere

11 BASIC ASSESSMENT REPORT

13. ENERGY EFFICIENCY

Describe the design measures, if any, that have been taken to ensure that the activity is energy efficient:

• Outside lighting to be installed only where necessary.

• Low voltage lamps to be used where possible.

Describe how alternative energy sources have been taken into account or been built into the design of the activity, if any: • Solar geysers are planned to be installed for all hot water that is needed .

• The installation of a solar air conditioning system is being investigated .

SECTION B: SITE/AREA/PROPERTY DESCRIPTION

Important notes: 1. For linear activities (pipelines, etc) as well as activities that cover very large sites, it may be necessary to complete this section for each part of the site that has a significantly different environment. In such cases please complete copies of Section C and indicate the area, which is covered by each copy No. on the Site Plan .

Section C Copy No. D

13 BASIC ASSESSMENT REPORT

2. LOCATION IN LANDSCAPE

Indicate the landform(s) that best describes the site :

2.1 Ridgeline 2.2 Plateau 2.3 Side slope of hill/mountain 0 2.4 Closed valley 2.5 Open valley 2.6 Plain 2.7 Undulating plain / Iow hills 0 2.8 Dune 2.9 Seafront

3. GROUNDWATER, SOIL AND GEOLOGICAL STABILITY OF THE SITE

Is the site(s) located on any of the following (tick the appropriate boxes)? Alternative S1: Alternative S2 Alternative S3 (if any): ('fI any]:) Shallow water table (less YES NO YES NO than 1.5m deep) Dolomite, sinkhole or doline YES NO YES NO areas

Seasonally wet soils (often YES NO YES NO close to water bodies) Unstable rocky slopes or YES NO YES NO steep slopes with loose soil Dispersive soils (soils that YES NO YES NO dissolve in water) Soils with high clay con'IAnt YES NO YES NO (clay fraction more than 40%) Any other unstable soil YES NO YES NO geological feature An area sensitive to erosion YES NO YES NO

If you are unsure about any of the above or if you are concerned that any of the above aspects may be an issue of concern in the application , an appropriate specialist should be appointed to assist in the completion of this section . (Information in respect of the above will often be available as part of the

15 BASIC ASSESSMENT REPORT

5.26 Harbour 5.27 Sport facilities 5.28 Golf course 5.29 Polo fields 5.30 Filling station H 5.31 Landfill or waste treabnent site 5.32 Plantation 5.33 Ag riculture 5.34 River, stream or wetland 5.35 Nature conservation area 5.36 Mountain , koppie or ridge 5.37 Museum 5.38 Historical building 5.39 Protected Area 5.40 Graveyard 5.41 Archaeological site 5.42 Other land uses (describe)

If any of the boxes marked with an "N "are ticked, how will this impact I be impacted upon by the proposed activity? N/A

If any of the boxes marked with an "An " are ticked, how will this impact I be impacted upon by the proposed activity? If YES, specify and explain : If YES, specify: N/A

If any of the boxes marked with an "H" are ticked, how will this impact I be impacted upon by the proposed activity. If YES, specify and explain : If YES, specify:

N/A

17 BASIC ASSESSMENT REPORT

(vii) any other party as required by the competent authority; (c) placing an advertisement in- (i) one local newspaper; or (ii) any official Gazette that is published specifically for the purpose of providing public notice of applications or other submissions made in terms of these Regulations; (d) placing an advertisement in at least one provincial newspaper or national newspaper, if the activity has or may have an impact that extends beyond the boundaries of the metropolitan or local municipality in which it is or will be undertaken : Provided that this paragraph need not be complied with if an advertisement has been placed in an official Gazette referred to in subregulation 54(c)( ii); and (e) using reasonable alternative methods, as agreed to by the competent authority, in those instances where a person is desiring of but unable to participate in the process due to- (i) illiteracy; (ii) disability; or (iii) any other disadvantage.

2. CONTENT OF ADVERTISEMENTS AND NOTICES

A notice board , advertisement or notices must:

(a) indicate the details of the application which is subjected to public participation ; and (b) state- (i) that the application has been submitted to the competent authority in terms of these Regulations, as the case may be; (ii) whether basic assessment or scoping procedures are being applied to the application, in the case of an application for environmental authorisation ; (iii) the nature and location of the activity to which the application relates; (iv) where further information on the application or activity can be obtained ; and (iv) the manner in which and the person to whom representations in respect of the application may be made.

3. PLACEMENT OF ADVERTISEMENTS AND NOTICES

Where the proposed activity may have impacts that extend beyond the municipal area where it is located , a notice must be placed in at least one provincial newspaper or national newspaper, indicating that an application will be submitted to the competent authority in terms of these regulations, the nature and location of the activity, where further information on the proposed activity can be obtained and the manner in which representations in respect of the application can be made, unless a notice has been placed in any Gazette that is published specifically for the purpose of providing notice to the public of applications made in terms of the EIA regulations.

Advertisements and notices must make provision for all alternatives. Zulu and English Adverts were placed in the Zulu land Fever Newspaper which is a regional newspaper covering the Zululand region in its entirety on the 15th June 2012. English and Zulu Notice boards were placed on site on the 6th July 2012.

19 BASIC ASSESSMENT REPORT

7. CONSULTATION WITH OTHER STAKEHOLDERS

Note that, for linear activities, or where deviation from the public participation requirements may be appropriate, the person conducting the public participation process may deviate from the requirements of that subregulation to the extent and in the manner as may be agreed to by the competent authority . Proof of any such agreement must be provided, where applicable.

Has any comment been received from stakeholders?

If "YES", briefly describe the feedback below (also attach copies of any correspondence to and from the stakeholders to this application):

A Background Information Document (BID) was submitted to both Wildlands Conservation Trust and Mthunzini Conservancy however no comments have yet been received. Nzingwe Consultancy will submit the draft BAR to these NGO's for their comments on the proposed development and the EIA process.

21 BASIC ASSESSMENT REPORT

2. IMPACTS THAT MAY RESULT FROM THE PLANNING AND DESIGN, CONSTRUCTION, OPERATIONAL, DECOMMISSIONING AND CLOSURE PHASES AS WELL AS PROPOSED MANAGEMENT OF IDENTIFIED IMPACTS AND PROPOSED MITIGATION MEASURES

List the potential direct, indirect and cumulative property/activity/design/technology/operational alternative related impa cts (as appropriate) that are likely to occur as a result of the planning and design phase, construction phase, operational phase , decommissioning and closure phase, including impacts relating to the choice of site/activity/technology alternatives as well as the mitigation measures that may eliminate or reduce the potential impacts listed.

2.1. IMPACTS THAT MAY RESULT FROM THE PLANNING AND DESIGN PHASE

List the potential impacts associated with site altematives that are likely to occur during the planning and design phase:

Alternative (preferred alternative)

Direct impacts:

• Land acquisition issues: mismanaged land acquisition or land transfer negotiations may halt the progress of the project.

• Surveying and design of the entire development: inaccurate capturing of data on site could lead to improper location of infrastnucture as well inaccurate designs.

• Identification of sensitive areas on site and adjacent to site : Should sensitive areas not be identified at this phase, upon commencement of construction, immeasurable damage may be caused to sensitive ecological systems on site.

• Improper prior planning of disposal of construction waste: This co uld lead to the inability to comply with disposal requirements and piling up of waste on site.

• Identification and sourcing of suitable materials: Reliable suppliers not identified and secured prior to commencement of the project, will lead to project delays of construction activities.

• Acquisition of all required permits: In the event that the necessary permits are not sourced on time the construction phase may be delayed .

• Environmental planning in relation to construction activities, the implementation of improperly planned erosion and sedimentation control measures as well any other related aspect can lead to environmental degradation.

Indirect impacts:

Activities or aspects within the planning phase such as agreements on the proposed layout may delay due process.

Cumulative impacts:

Improper timing of construction activities in relation to each other can cause fu rther environmental degradation than is necessary.

23 BASIC ASSESSMENT REPORT • Erosion and sed imentation control measure in areas of high ris k (banks of river, steep areas etc.) must be planned and managed . • Environmental engineering measures for rehabilitation and mitigation of expected impacts on the biodiversity must be planned prior to commen cement of construction activities . • The designs and layouts may need minor alteration in terms of alignment of to minimize impacts on areas of environmental concern.

Indirect impacts

It is advisable that during this planning phase all the Affected parties be consulted about the proposed project and be given time frames of when exactly the project will begin.

Cumulative impacts

Timing of all construction activities in relation to each other must be planned to minimise impacts on the surrounding environment. Where possible, work should be restricted to one area at a time, as this will give the smaller birds, mammals and reptiles a chance to acclimatise to the disturbance in an und isturbed zone close to their natural territories .

2.2. IMPACTS THAT MAY RESULT FROM THE CONSTRUCTION PHASE

List the potential impacts associated with site altematives that are likely to occur during the construction phase: Alternative (preferred site) Direct impacts:

Alteration of topography The construction process may affect the existing topography, altering it partially. The impacts on topography are expected to be low in significance and local in extent over a short term period.

Visual Impacts Visual impacts will be temporarily caused by construction vehicles and activities such as stockpiling of materials on site. Visual impacts associated with construction sites are generally attributed to poor house-keeping (e.g. presence of excavation scars, poorly managed constru ction waste, untidy storage of construction materials, visible portable latrines). Off­ setting the significance of the potential construction phase visual impacts is the fact that these are temporary insofar as they will last only as long as the construction phases (± 8 months). The overall significance of the potential visual impact associated with the construction phase, without mitigation , is rated to be low (-ve).

Air quality impacts It can be anticipated that a certain amount of air borne particulate matter (dust) will be generated by earth moving activities during construction and during off-loading of materials. This situation will be worse during the dry season and during the afternoons when the winds are most prevalent. Air borne particulates may pose a hazard to residents in the vicinity or downwind of the construction site that suffer from upper respiratory tract problems. Otherwise it may only be a nuisance . The impact of dust is short-term, lasting for the duration of the construction activity, but it may be severe if it causes significant health problems .

Noise The noise levels may be temporarily increased to above the general ambient levels due to construction vehicles and workers. Noise impacts associated with construction machinery and 25 BASIC ASSESSMENT REPORT Indirect impacts:

Traffic An increase in traffic may be caused by construction and delivery vehicles and interfere with the ecological system. The impacts are expected to be medium in significance, temporary and local in extent.

Skills Transfer (positive impact) The unskilled labourers employed lor this project will become semiskilled or skilled , thus opening up opportunities for further employment in other projects . Impacts are expected to be positive and long term in duration.

,. Cumulative impacts: N/A

Indicate mitigation measures to manage the potential impacts listed above:

Alternative (preferred alternative)

Alteration of Topography The topography will be minimally altered by the proposed project. The construction process will lead to some soil loss which can be mitigated through proper control measures. The l impacts are expected to be reduced to low after mitigation. Visual Impacts Impacts are expected to be temporary and limited to the construction period . Effective mitigation 01 construction phase-related impacts can be achieved through the implementation 01 an Environmental Management Programme. With mitigation the visual impact is rated to have a significance 01 very low (-ve).

Noise impacts II necessary, local residents should be given notice 01 intended noisy activities so as to reduce the degree 01 annoyances. Workers operating equipment that generates noise should be equipped with noise protection gear. Workers operating equipment generating noise levels greater than 80 dBA continuously lor 8 hours or more should use earmuffs. Workers experiencing prolonged noise levels 0170 - 80 dBA should wear earplugs. All vehicles must be in good service condition to avoid unnecessary emission 01 noise. These vehicles must be fitted with silencers to minimise noise and construction activities must only occur during working hours 01 between 07 :30 am and 16:30 pm daily. With mitigation , noise impacts are expected to have a negligible Significance.

Air quality impacts Access roads and exposed ground should be regularly wetted in a manner that effectively keeps the dust down. Stockpiles 01 fine materials should be wetted or cove red with an oilcloth during windy conditions. Workers on the site should be issued with dust masks during dry and windy conditions. The impacts are expected to be reduced to low.

Transportation of materials All fine earth materials must be enclosed during transportation to the site to prevent spillage and dust. Trucks used lor that purpose should be fitted with tailgates that close properly and with tarpaulins to cover the materials. The cleanup 01 spilled earth and construction material on the main roads should be the responsibility 01 the Contractor and should be done in a timely manner (say within 2 hours) so as not to inconvenience or endanger other road users. These 27 BASIC ASSESSMENT REPORT

Health and safety All construction personnel must at all times be dressed in proper protective clothing whilst on site. Any dangerous areas must be clearly marked and demarcated with danger tape. Any dangerous construction activities must be announced at least 24hrs before the activity commences. The trenches to be excavated are shallow not exceeding 1m in depth thus with mitigation impacts are expected to be reduced to low and remain temporary and local in extent.

Indirect impacts:

Traffic Flagmen and proper road signs must be installed

Cumulative impacts: N/A

2.3. IMPACTS THAT MAY RESULT FROM THE OPERATIONAL PHASE

List the potential impacts associated with site altematives that are likely to occur during the opera tional phase: Alternative (preferred alternative) Direct impacts: [ Visual Impacts o Lighting on the perimeter of the buildings may cause light spill adversely affecting the sensitive receptors in the vicinity of the proposed development. o Waste and other materials stored on the perimeter of the building may cause a visual impact as it would be very unsightly. Waste o A lack of management with regards to solid waste collection and sanitation could lead to surface water contamination , and may attract problem animals to the site. o Incorrectly stored waste could lead to the development of odours. Noise o Noisy activities at the chalets, interpretive and exhibition centre could disturb sensrtive receptors in the vicinity of these sites. o Noise from vehicles accessing the development may disturb receptors Energy o During operation of the proposed project, additional energy will be consumed , resulting in a direct medium term increased demand on this resource. Socio-Economic o A number of permanent jobs would be created for staff who will be responsible for operating the proposed development. This would be associated with a positive impact.

Indirect impacts: Stormwater o Hardened surfaces, as opposed to undeveloped areas natural vegetation, will lead to an increase in runoff, which in turn may lead to increased pressure being exerted on the general stormwater control system. Knowledge and Skills Transfer o The creation of interpretive and exhibition centre will provide the Ezemvelo with a 29 BASIC ASSESSMENT REPORT irrigation of landscaped areas. Waste Management • Solid waste separation and recycling should take place for the duration of the operational phase for the development. • All waste must be removed promptly to ensure that it does not attract vermin or produce odours. • Solid waste from the development should be stored in an on -site cage with facilities for waste separation . Flora • Appropriate indigenous vegetation must be planted around the site . Where trees and other vegetation have had to be removed. these must be re-planted. • Exotic plant management programme should be implemented by management to regularly control the encroachment of alien invasive species Fauna • Litter storage at the facility site is to be of the highest standard and out of reach of primates and other animals. • Movement corridors for arboreal-inhabiting fauna should be created through the planting of trees adjacent to one another where space allows. Employment • A formal training programme shall be implemented to contin ue the process of skills transfer and enhancement of benefits to employees. Training will include creating awareness among the staff of environmental issues and how these should be mitigated . • Local workforce to be favoured in the selection of employees for jobs. Visual Impact • High standards of maintenance and management of the landscaping should be carried out in accordance with the best possible practice to ensure that the landscaping ensures that the development blends in with the current visual environment of the forest. by enhancing natural features such as trees and vegetation as much as possible. • It is recommended that no external lighting be installed on the perimeter of the development except low level lighUng for security reasons and fitted with movement detecting sensors so that it is on only when there is a need . • Any outside lighting erected must be downward and inward-facing and be cove red to ensure that minimal light spill is created .

2.4. IMPACTS THAT MAY RESULT FROM THE DECOMISSIONING OR CLOSURE PHASE

List the potential impacts associated with site altematives that are likely to occur during the decommissioning or dosure phase: Alternative (preferred alternative) Direct impacts: Infrastructure Even though decommissioning of the project in the medium to long - term is not anticipated . however should this be required for whatever reason the constructed buildings should be used for the benefit of the local community if they are not to be destroyed. However should there be 31 BASIC ASSESSMENT REPORT exhibition centre will give an opportunity to the local community to show case there art and thus providing a livelihood for them.

The proposed development will contribute positively to efficiency with regards to the provision of employment opportunities to the local commun ity. The Contractor must ensure that the local labour who are unskilled. leave the project with skills and experience which will enable them to be semi - skilled or skilled by the end of the project.

VISUAL IMPACTS Visual impacts during construction will be negative. local in extent and temporary. whilst since Ezemvelo KZN Wildlife will plant a number of indigenous trees around all the proposed buildings and rehabilitate the site to blend with the surrounding environment. The protruding buildings will have permanent visual effect on the site; however when the planted trees grow the development will to an extent blend with its surroundings. The impacts will be reduced to low after mitigation measures.

AIR POLLUTION Dust will be generated during excavation of the foundations which will have low to medium impacts on the area; the impacts will be local in extent and last for the duration of the construction phase. A dust suppression programme must be implemented. After mitigation the impacts will be low in significance.

NOISE POLLUTION Machinery and labourers will raise the noise levels during construction causing medium to high negative impacts which are local in extent and temporary in duration. Machinery must be fitted with silencers and work must occur between working hours (07:00 am - 5:00 pm) to decrease impacts to low. The surrounding noise from the road and nearby businesses will drown out most of the noise coming from the pump stations.

EROSION Excavations especially in upslope areas and near water sources could lead to erosion which has medium to high impacts . with local extent and medium term duration . The areas must be stabilised to prevent collapse and erosion which will reduce impacts to low. To ultimately ensure that the environment is protected and minimal impact occurs. Where impacts are anticipated . it must be appropriately mitigated for.

GROUND WATER AND SOIL IMPACTS Undetected spills pose a danger of contaminating local soils and ground water sources and impacts are expected to be high with local extent and medium term in duration .

ALIEN INVASIVE VEGETATION The clearing and stripping of vegetation must be done with care so as to avoid any susceptibility to the proliferation of invasive alien vegetation. In the areas dominated by alien plants. care must be taking during clearing so as not to spread these plants to other areas.

33 BASIC ASSESSMENT REPORT

SECTION E. RECOMMENDATION OF PRACTITIONER

Is the informalion contained in this report and the documentation attached hereto sufficient to make a decision in respect of the activity applied for (in the view of the environmental assessment practitioner)?

If "NO", indicate the aspects that should be assessed further as part of a Scoping and EIA process [ before a decision can be made (list the aspects that require further assessment): Faunal and Flora Assessment will be thoroughly conducted during the spring season which will enable the specialist to account for possible species. These comprehensive studies will allow an in depth analysis of the possible impacts and provide mitigation for the possible impacts.

If "YES", please list any recommended conditions, including mitigation measures that should be considered for inclusion in any authorisation that may be granted by the competent authority in respect of the application: • The proposed construction of the Ongoye Forest Development infrastructure is a project that will enhance the value of the nature reserve and project it as a major tourist attraction for the region . o The proposed process involves the process of clearing excavating, filling and so on. The rehabilitation of the site must use indigenous local species of grass especially on the alien invaded and degraded area found at the staff accommodation site. o Alien species removal must be done under the guidance of an appropriate specialist and must [ be done under the guidelines of Ezemve lo KZN Wildlife's Invasive Alien Species Programme. • In the event that the project receives a positive environmental authorisation, a qualified horticulturist must be appointed and go on site for identification and relocation of species. o The rehabilitation and monitoring plan as well as the EMPr must be included as binding contractual documents to the Application . o The proposed development could involve the transplanting of protected trees in the event that the project is awarded an Environmental Authorization, under no circumstances may the construction begin without relevant permits. A qualified Botanist must be appointed to assist in the relocation process of endangered species should there be a need. o Bio monitOring of the site must be conducted monthly for the first six months and every six months thereafter. o Ezemvelo KZN Wildlife must ensure that funds are made readily available for monitoring , rehabilitation and maintenance of the development. o The storm water must be adequately dealt with and the use of reno - mattresses at the outfall positions on steep sloped areas o Submit an Environmental Management Programme for the proposed activity DEA for approval which the developer must adhere to at all times during the lifecycle of the activity. o Environmental audits must be done monthly by an independent qualified Environmental Control Officer (ECO) during the construction phase and submitted to the KZN-Department of Agriculture and Environmental Affairs (DAEA) monitoring and compliance section. o The ECO must monitor the rehabilitation of the srte post construction phase and the implementation of any rehabilitation plan . o Should any heritage artefacts be found , the AMAFA KZN Heritage must be notified and all work must cease.

Is an EMPr attached? The EMPr must be attached as Appendix F. 35 l [

Appendix A: SITE PLAN

1. LOCALITY PLAN 2. SITE PLAN 3. EZEMVELO KZN WILDLIFE C-PLAN ' --' ------;------"-----r----- ,------r lJ NGOYE FOREST '- j , RESERVE

\ 'HlATONVILlI! Ntambanana (KZN283) ;". Legend Mtho n janenl (KZN285) \" • Place Names '':' .. :-....,,~ ... , ~ .",' -- OOTRoads ,; /' - National Road N2 ndJa (KZN286) ., /' 26 D Municipal Wards CJ local Municipalities _ Ngoye Forest Reserve

COQrdinate Info

Ungoye Forest

31 "39'03.161"E 28°51'04.863"8

111 Marin~ Drj.·c Shelly Ikuch, 4265

Tel No : 039 3157751 Fa ~ No.: 039 31S 6731

Fuze~ Gcoma lics

Un;' 4, Trude Wind s Building 7116 Mnll nc Dril e, Shell)' Bemel, 4265 Maphum~lo (KZN294) Tel No.: 039 31515116 Ce ll No.: 072 61916') 1 •

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II I Appendix B: PHOTOGRAPHS

1. PHOTOS TAKEN AROUNG THE PROJECT SITE PHOTOS TAKEN ON SITE

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1 l I

Photo 1: The proposed site for the entrance and gate facility

inlE~roretiive will be located in the site shown above which as mentioned above the footprint area is grassland. I [ I

~-:"gras~iids4~;m~j';;;;d~;-;if the chalet are invaded by ferns as shown above.

gentle slopped grassland for the proposed chalets surrounding the swamp forest shown above. I I

Photo 5: The grasses at proposed site for the Staff Quarters and the laundry facility were burnt during the site visit. It was also evident that the area has been overgrazed by the cattle found around the forest.

Photo 6: The proposed site for the Managers Quarters has a shallow rock bed which is confirmed by the rock outcrop shown above. l Appendix c: FACILITY ILLUSTRATION(S)

1. GENERAL LAYOUT : • GATE HOUSE AND INFORMATION CENTRE • INTERPRETIVE CENTRE • ABLUTIONS BLOCK • RESTAURANT • ONE BEDROOM • TWO BEDROOM • STAFF QUARTERS • MANAGERS HOUSE

2. ARCHITETURAL DESIGNS: • GATE HOUSE AND INFORMATION CENTRE • INTERPRETIVE CENTRE • RESTAURANT • ONE BEDROOM • TWO BEDROOM • STAFF QUARTERS • MANAGERS HOUSE ~

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Appendix D: [ . SPECIALISTS REPORTS

1. HERITAGE IMPACT ASSESSMENT: [ • TERMS OF REFERENCE • HERITAGE IMPACT ASSESSMENT REPORT-ALBERT VAN JAARSVELD • SPECIALIST DECLARATION FORM t [ [

B.A. (Hons)(Pret); M.A. (Rhodes) HERITAGE RESOURCE MANAGER ERFENIS-HUlPBRONBESTUURDER

T 035 340 2299 P.O. Box 292 F 086 543 8468 Mtunzini C 082 445 5440 Email: [email protected] 3867

Heritage Impact Assessment: oNgoye Forest Development. Mtunzini Magisterial District. KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/ 07/2012 I [

20 July 2012

[ PHASE I HERITAGE IMPACT ASSESSMENT: ONGOYE FOREST DEVELOPMENT, MTUNZINI MAGISTERIAL DISTRICT, KZN NORTH [ COAST

Attention: Lungelo Ncwane Nzingwe Cansultancy Environmental and Safety Planners Tel: 039 315 7751 Fax: 039 315 6737 Ce ll : 073 0511214 Email: [email protected]

cc: Principal Heritage Officer - Archaeology Amafa aKwaZulu/Natali PO Box 2685 Pietermaritzburg 3200 Tel: 033 394 6543 Fa x: 033 342 6097 Email : [email protected]

N '" c..""'"

Heritage Impact Assessment: oNgoye Forest Development, Mtunzini Magisterial District. KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 I [ Executive Summary Ezemvelo KZN Wildlife proposes a tourist development at the Ongoye Forest,

Mtunzini Magisterial Division, Mzimela Traditional Authority, North Coast. The

development consists of three bachelor flats, three two bedroom units, a re staurant,

staff accommodation, entrance gate facility with interpretive centre and exhibition

centre, ablution block and offices on an area of 1535 sq uare metres.

In terms of the National Environmental Management Act 107 of 1998 (NEMA), the

above project requires En vironmental Authorisation from the Dept of Agriculture l and En vironmental Affairs (DAEARD). Nzingwe Consultancy was appointed to launch

the application on behalf of Ezemvelo KZN Wildlife, while Albert va n Jaarsve ld was

sub-contracted to do a Heritage Impact Assessment (HIA) in compliance with Section

38 of the National Heritage Resources Act 25 of 1999.

The proposed development is on the P240 and is reached from the old N2 via

Obanjeni. The site overlooks the forest and is covered in grass with good ground

visibility. The forest has been declared a Nature Reserve as early as 1904 and is

therefore unspoilt as it escaped development and human settlement.

Following a desktop survey, a site survey was carried out on Tuesday 17 July 2012 to

establish whether any archaeological material was present. No archaeological

matertials were observed - Stone or Iron Ages . The closest Heritage sites are

situated some 15 kms away namely KwaBu lawayo, Cowards Bush and Nandi's grave.

These will be unaffected by the development - so will the closest townsca pes of

Mtunzini and Obanjeni.

The development poses no threat to KZN's cultural heritage, provided the

developers adhere to recommendations as contained in Sections 6 and 7 of this

report.

"""''"01) c..'"

Heritage Impact Assessment: oNgove Forest Development. Mtunzlnl Magisterial District KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 power transmission lines (such as Perseus-Hydra 765kv, Arcus Gibb). His

detailed CV is available on request.

Field assistant Bruce Hopwood holds two BA (Hons) degrees from the

Universities of Rhodes and Stellenbosch and is an experienced field worker,

having been involved in most projects referred to above.

3. Heritage legislation affecting the proposed development

I Cultural heritage resources can broadly be defined as "physical features, both natural and man-made, associated with human activity". South African

heritage legislation stretches further than the restricted definition above by

also including invisible and intangible beliefs, ideas and oral traditions, which

are regarded as important as physical cultural objects. Also included are

fossils and meteorite sites. Heritage resources reflected in South African f I heritage legislation (Act No 25 of 1999) include the following:

a) Places, buildings, structures and equipment;

b) Places to which oral traditions are attached or which are associated

with living heritage;

c) Historical settlements and townscapes;

d) Landscapes and natural features;

e) Geological sites of scientific or cultural importance;

f) Archaeological and palaeontological sites;

g) Graves and burial grounds, including-

(i) Ancestral graves,

(ii) Royal graves and graves of traditional leaders,

(iii) Graves of victims of conflict,

(iv) Graves of important individuals,

(v) Historical graves and cemeteries older than 60 years, and

(vi) Other human remains, which are not covered under the Human

Tissues Act, 1983 (Act No. 65 of 1983 as amended); \D '"00 h) Sites of significance relating to the history of slavery in South Africa; c..'"

Heritage Impact Assessment: oNgoYe Forest Development. Mtunzlni Magisterial District, KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 SAHRA (South African Heritage Resources Agency) requires sufficient

information about identified heritage sites to enable it to assess with

confidence:

a) Whether or not it has objections to a development

b) What the conditions are upon which such development might proceed

c) Wh ich sites require permits for mitigation or destruction

d) Which sites require mitigation and what this should comprise

e) Whether sites must be conserved and what alternatives can be proposed

that my re -Iocate the development in such a way as to conserve other

sites, for example, by incorporating them in a wilderness area, or under a

parking space; and

f) What measures shou ld/can be put in place to protect the sites that

should be conserved .

While grading (field rating or field significance) is actually the responsibility of

the heritage resources authorities, all reports should include Fie ld Ratings for

the sites, to comply with Section 38 of the legislation, for example:

• National: Grade I significance e.g. resources such as the Castle in

Cape Town (non-movable and no-go areas for any developer)

• Provincial: Grade II sign ificance such as Later Stone Age engravings

and paintings (non-movable and to be avoided as no-go areas)

• Local : Grade III A significance; where mitigation is not ad vised and

the site should be retained as a heritage site of high significance

• Local: Grade III B significance; where a section of a site should be

mitigated and part should be retained as a heritage site (high

significance)

• Generally Protected A: where sites should be mitigated before

destruction (generally high/ medium significance)

• Generally Protected B: sites of medium significance that should be

mitigated before development co 00 0..'"

Heritage ImoactAssessment: oNgaye Forest Development. Mtunzini Magisterial District. KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 Municipality. The entrance facility is situated at the turn-off to the forest on

the P240 at S 28Q 50' 57,7" and E 31Q39' 12,4". The Interpretive Centre is a

little up the hill at S 28Q50' 56,66" and E 31Q 39' 13,88". I Staff accommodation is approximately 400m away from the entrance.

r The site overlooks the forest and the coast and is not visible from the P240. It is situated entirely in grassland, which was recently burnt with good visibility.

There is little lithic material present in the soil. The only plants visible were

many Stangeria eriopus (part of the cycad family).

The highest rainfall figure for the total Mtunzini district, namely 1 600mm per

annum is measured at Ongoye Forest which has been protected since 1904

on account of it being proclaimed a Nature Reserve of which the size is

roughly twelve by four kilometres. A number of ve ry rare plant, animal, bird

and insect species are recorded at Ongoye (eg. the cycad Encephalartos

wood ii, Encephalartos ngoyanus, the Ongoye millipede, the Green Barbet,

the Red Squirrel and various insects). During the earlier days of European

occupation of the Mtunzini district, local industries used the indigenous wood

from Ongoye Forest for the manufacture of wagon wheels and the building

industry, as well as furniture.

5. Study approach/method

Firstly, a desktop survey was undertaken to establish which known heritage

re sources occur in the area. Past habitation in the area was also investigated.

Secondly, a field survey was undertaken on Tuesday 17 July 2012. The object

of this was to scan the ground surface for any possible archaeological

rema ins such as stone artefacts, pottery or the remains of dwellings.

Photographs were taken with a six mega-pixel Sony Cybershot digital camera

while co-ordinates we re taken with a handheld Garmin 75 Global Positioning

System (GPS).

Heritage Impact Assessment: oNgoye Forest Development. Mtunzini Magisterial District KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 9. Conclusion

The proposed tourist development by Ezemvelo KZN Wildlife at Ongoye I Forest poses no threat to KZN's cultural resources.

N M '"OIl 0.."

Heritage Impact Assessment: oNgove Forest Development. Mtunzini Magisterial District. KZN© Report Prepared by: Albert van laarsveld Email: [email protected] 20/07/2012 Maggs, Tim . "The Iron Age Farming Communities" in A Duminy and B

Guest (eds). Natal and Zululand from Earliest Times to 1910, A New

History, Shuter and Shooter, University of Natal Press, ! Pietermaritzburg, 1989. Maggs, T M O'C & Michael, M A. Iron Age Communities of the Southern 1 Highveld. Natal Museum, Pietermaritzburg, 1976 Mazel, A. " The Stone Age Peoples of Natal" (in A Duminy and B Guest I (eds): Natal and Zululand from Earliest Time to 1910, A New History, Shuter and Shooter, Un iversity of Nata l Press, Pietermaritzburg, 1989. 1 Meth, D, Uken, R and Whitmore, D. KwaZulu Natal- 500 million years of Geological History. RBM, 2002.

Mitchell, P. The Archaeology of Southern Africa. Cambridge University

Press, Cambridge, 2000.

Moll, E G. "A Plea for Ongoye Forest" in Trees in Southern Africa, Vol 30,

No 3, Oct-Dec 1978, pp 63-64.

Phillipson, D W. African Archaeology, Cambridge Un iversity Press,

Cambridge, 1978.

Raper, P E. New Dictionary of South African Place Names. Jonathan Ball,

Johannesburg and Cape Town, 2005.

Van Jaarsveld, Albert: Mtunzini: A History from Earliest Times to 1995.

Vol 1, Mtunzini, 1998.

Van Schalkwyk, L 0 & Wa hl, B. Cultural Heritage Management in KwoZulu

Natal. Natal Museum, Pietermaritzburg, 2002.

Heritage Impact Assessment: oNgove Forest Development. Mtunzini Magisterial District. KZN © Report Prepared by: Albert van laarsveld Email: [email protected] 20/07/2012 11. Photographs

[ [

The site of the self·catering units in grassland overlooking a swamp forest.

5 28 0 51' 02,7" and E 31 0 39' 19,8" (elevation 458m).

The site of an entrance facility on the P240.

5280 SO' 57,7" and E 31 0 39' 12,4". Ln ~ (lJco 0..'"

Heritage Impact Assessment: oNgoye Forest Development. Mtunzini Magisterial District. KZN © Report Prepared by: Albert van Jaarsveld Email : [email protected] 20/07/2012 The site for an Interpretive Centre.

5 28Q50' 56,66" and E 31Q 39' 13,88".

Staff will be accommodated on a site in gra ssland close to the P240.

S 28Q51' 4,4" and E 31Q39' 3,1" (elevation 426m).

Heritage Impact Assessment: oNgoye Forest Development. Mtunzini M agisterial District. KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 12. Maps

Heritage Impact Assessment : oNgoye Forest Development. Mtunzinl Magisterial District. KZN © Report Prepared by : Albert van Jaarsveld Ema il : albertvj@iafrica .com 20/07/2012 [ I 13. Declaration of Independence I SPECIALIST REPORT DETAILS Thi s report has been prepared as per the requirements of Section 33 of GNT ! 385 - Environmental Impact Assessment Regulations and the National Environmental Management Act (Act No. 107 of 1998), as well as minimum [ standards for report writing as determined by the South African Heritage Resources Agency (SAHRA) and ASAPA. I Report prepared by: A 1he¥t VCt¥vJ CUt-VwiLd.-

ExpertiselField of Study: H.0V[;t~

I, f.A. VCt¥vJ CUt-VW~ declare that this report has been

prepared independently of any influence or prejudice as may be specified by ! the Department of Agriculture and Environmental affairs.

! Signed:

Date Document title Author Revis ion number Checked by Approved

Signature For

Heritage Impact Assessment: oNgoye Forest Development. Mtunzini Magisterial District. KZN© Report Prepared by: Albert van Jaarsveld Email: [email protected] 20/07/2012 I I Appendix E: COMMENTS AND RESPONSES REPORT

1. PUBLIC PARTICIPATION PROCESS SUMMARY REPORT 2. NEWSPAPER ADVERTS 3. NOTICE BOARDS 4. MINUTES OF COMMUNITY MEETING 5. ATTENDANCE REGISTER 6. LIST OF I&AP 7. BID COMMENTS 8. ISSUES TRAIL PUBLIC PARTICIPATION PROCESS Ongoye Forest Development

The public participation process was designed to sati sfy the requirem ents laid down in legislation and the NEMA EIA Regulations of 2010.

This appendix of the report highlights the key elements of the public participation process. Sections 54 to 57 of Regulation R543 are applicable. The important elements relating to the public participation process that are required by the Regulations are the following :

D The manner in which potential Interested and Affected Parties (I&APs) were notified of the application for authorisation, and that a public participation process was mandatory. This includes notice boards, giving written notice to land owners, letters and advertisements in the media (Section 54). D Opening and maintaining a register, which contains the names and addresses of I&APs. These include all persons who have submitted comments, Organs of State who have some form of jurisdiction in the assessment process, and all those who have requested that they be placed on the reg ister as registered I&APs (Section 55) . D Registered I&APs are entitled to comment, in writing , on all written submissions made to the competent authority by the applicant or the EAP managing the application, and to bring to the attention of the competent authority any issues, which that party believes may be of significance when the application is considered for authorisation (Section 56). D The comments of registered I&APs must be recorded and included in the reports submitted to the competent authority (Section 57) .

The objectives of public participation in an EIA are to provide sufficient and accessible information to I&APs in an objective manner to assist them to:

D Identify issues of concern , and provide suggestions for enhanced benefits and alternatives. D Contribute local knowledge and experience. D Verify that their issues have been considered. D Comment on the findings, including the measures that have been proposed to enhance positive impacts and reduce or avoid negative ones.

SUBMISSION OF APPLICATION AND LANDOWNER CONSENT

An application for environmental authorisation was submitted to the Department of Environmenta l Affairs (DEA) on the 19th of June 2012 and acknowledgement of the application was rece ived from the DEA on the 21" of June 2012. REGISTRATION OF I&APs

The identification and registration of I&APs was ongoing for the duration of the study although concentrated during the initial phase. I&APs were identified using stakeholder referrals and advertisements. Efforts have been made to obtain the contributions of all people who may be [ affected directly by the proposed project. [ PROJECT ANNOUNCEMENT

The project and basic assessment process was announced in June 2012 with an invitation to the general public to register as an I&AP and to actively participate in the EIA process. This was achieved via the following:

• Print media advertisements were placed in the Zululand Fever (both English and isiZulu) on the 151h of June 2012 respectively. Copies of the advertisements have provided in Appendix E. The Background Information Document was email to identified I&AP's on the 22 June 2012. • uThungulu District Municipality and uMlalazi Local Municipality were contacted and invited to take part in the EIA process. (Refer to Appendix E) . • On-site notice boards in English and isiZulu were erected along the site on 61h July 2012. (Refer to Appendix E) .

PUBLIC CONSULTA TlON

Meetings with the Ward 21 committee and the Mzimela Traditional Council were held on the 61h of July and 1" of August 2012 respectively. The purpose of these meeting was to ensure maximum participation of the local community through the two most notably recognized community stru ctures. Minutes for these meeting have been attached in Appendix E.

OBTAINING AND DEALING WITH COMMENTS FROM I&APs

The following opportunities were provided to contribute comments:

o Providing comments by ordinary mail, fax or by email to the public participation office. Cl Community consultation sessions.

During these opportunities, few I&APs raised issues. All issues raised have been captured in the Issues Trail attached in Appendix E. DRAFT BASIC ASSESSMENT REPORT

The draft BAR was submitted to DEA and identified I&APs on the 7'h of August 2012, the purpose of the draft Basic Assessment Report is to enable I&APs to further co mment and contribution to the EIA process. A commenting period of 40 days has been provided to all State Departments and I&APs in accordance with Section 240 (2) & (3) of the National Environmental Management Act, 1998 (Act 107 of 1998).

Comments from this draft BAR will be incorporated into the final BAR to be submitted to DEA for review.

L COMMENT AND RESPONSE REPORT

All issues raised in the various forums will be captured in a Comment and Response Report.

FINAL BASIC ASSESSMENT REPORT

o A copy of the final BAR will be circulated to all State Department and I&AP's on for commenting and verifying that there concerns had been taken in to consideration upon the lapsing of the 40 days commenting period . There after all additional comments from State Department and I&AP's will be submitted directly to the DEA. ClASSIFIEDS JunelS.2012 classifieds [ 20 FEVER PLACE AN ADVERT BY CONTACTING OURCLASSIFIEDSTEAM: Phone: 0359019400 [ Email: [email protected] Fax: O3S 9019407 Website: www.feveronline.co.za [ 1111111111111111111111111111111111111111111 111111 111111 1111 111111 1111 1111 111111111 11 1111111 111111 11 11111 111111I1111111111111111I111 1111 1111111111 1I1111 111 11 111 111111111111 11 111 11 1111111111 111 11111 111111 111111 111 111 111 111111 11 111111 1111 11111111111111

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l.lJS3a8tTrailertift"'''m C&U 079 886 4021 BAIUUEAHD 11LlILEAfOAHIRE With drive'.wId I4btu ~~ elc ,,--JH8-Pmoria contact 073 840 6!'rn

BLACICl.J.ST!D?DKUHED ELSEWHERE? 0357872461 rriml~leIl

• Safe, secure & clean area . • Aflordable annual contracts

Contact Junika: 035 799 1300

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lSAllSO SEMIGUDU YOKUGUNYAZWA KWANGOKWEMVELO: Isollso sokwoktllwa kohlelo Ongoye Forest Development. Kwalulu-Notol :~~~~~~~d'f~1(~;~~(~l~~~:1 ~~~:~e;,;~~b~~~~=~~ ~~~~~ ~~;;;~o~=~"f,~~~!~!~~ 2~:i~:h~~.~~~~I~~"·: I~~n.il=~;oe.~~ 20 10. . ,-,ugur.l:lZ"ue 1M ':I'"IS;e,wtrr,~:O lvne:e l .. MO),o:e et'\,,~"Crq... erJweZo/mo ....:ell.,elo.

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NOTICE Of ENVIRONMENTAL AUTHORIZATION PROCESSES: Proposed Ongoye forest Development, Kwolulu _ Natol

';cfce il hiI:eby gf,er"l n terml of iteg,-,"¢t>~n S6jc) p"J!:>:ilhet En ..ronme"t<:>t ImPQet Alle"..,.,.' (EI') Re-,;;~;o'iol\l con'c .... o ...,:r..n ,he Ael (GU ;>543- If 50<7 d 18 oU(le 2(10). e,w~onmen~o l outhorizoticn mViI De c!:>'c.nec tly E:err'vtlo HN Wild"",...,,, Io:m oj aolic ""1,,ssme~1 '

hemvelo KIN Wildlife r. p'OPO.lnil the de-,top..,en! of 3 bQchelor unth. 3 two bed.oom unth. re"Ol,/ran!. Itoll ondo'leelaccommodofion. wlth 0 IOl,/ndlY. enhonce gate factlity. inte'pretive centre with erJllbHlon cenITe oblllllan block ~JI ~i~~~·~~~~~;'~;;T~\,:~n~~"~:~.~~~~e~ =~';.'q~~r~~"':I;,~~~:n;; ~:r:ge~~~~iEn"ronmefl­

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ISAZlSO SlNIKEZWA NGOKOMGOMO 54(3; 051·;!(..L:!...... -:: =~T!1 "HWENI KAZWELQf1f.:E WOKUPtiATHWA KWEMVElO, KA 199H (Uf>1Tt-tETHC :..el J

!NDAWO LAPHO KUHLONGOZWA INTUTHUKO

LWENTUTHUKO lUBIZWA NGE ONGOYE FOREST DEVELOPMENT. KUHLONGOZWE UKUTHI VAKHIWE EHLATHINl LEMVELO lAS'ONGOVE.. LEPHROJEKTHI lOKUTHUTHUKISA UMPHAKATHI NGAPHANSI KWABAKA

IMISEBENZl EHlONGOZWAYO KUHLONGOZ.-JA UKWAKHIWA KWAMAGUMBI OKUlAIA, INDAWO YOKUDLELA.- AMAGUM61 OKULALA ABASEB ENZ.! !

AMAQEM9U ASATHlNT:KAYO NA5AFlSA UKU8A !NGXENYE AVAMENYWA UKUTHI ASAP.mE IQHAZA OCWANINGWENI LOKUNGENZEKA er-WELWENI NGOKUTHI 8ATHOLE ULWAZI OLWENGEZIWE NOMA BAPHAKAMISE lZINGQlNAMBA NGOKL'TH! BAXHUMANE NO:

NZlNGWE CONSULTANCY lUNGELO NCWANE POBOX 939, SHELLY BEACH, 4265 TEL: 039 315 7751. FAX: 039 315 6737 E- MAIL: SJLUNGELOONZINGWE.CQ.ZA

AMAQEHSU ATHiNTEKAYO NABAMBIQHAZA AYACELWA UKUBA ASHAllSE KU NZlNGWE COf't5ULTAH.cY HOKUiHI ALETHE NOMA APHAKAMIS E IZINGQINAMBA FUTHI APHAWULE

PHOTO 1: Sample of the isiZulu Notice Boards which were placed both th o F on e entrance of the ngoye orest as well at the proposed site. [

Nonc~ Of ~NVlRONMENTAl AUTflORt2ATION PROCESSes: [ ,,-,0 ONGOYE FOREST DE'I'ElOPMENT

ERESY GIVEN IN TERMS OF REGULAnON 54(3) PUBUSHED IN TliE NonCE IS Ht/TAl MANAGEMENT ACT, 1998 (ACT ~o" 107 OF 1998) (AS AMEND:T!ilIIII, ENVIRONME CARRY OUT USTED ACTIVITIES REQUIRING E""r ) Ilflll£ INTENTION T~ UNDER SECTION 24(5) READ wn"H SECTION 44 OF THE ACTRON~ ... AUTHORI2ATl~NMENT IMPACT ASSESSMENT (ElA) REGULATIONS CONTAlfiED ~ " lt>~ Of THE E/'iVIR544 GN R545 AND GN R 546 OF 18 JUNE 2010), EfiVlii" "!~~ ACT ORIZATlO(GN R N' MUST BE OBTAIN EO BY EZEr4VElO K2N l'iILOUFE O/j~" DEPARTMENTAuTH Or- AGRICULTURE AND ENVIRONMENTAL AFFAIRS. FROII ll1£

NGWE NSULTANCY HAS BEEN APPOINTED AS INDEPENDENT ENVIR. fjtl CO PRACTTTlONERS TO UNDERTAKE THE RESPONSI6IUTzes O~~EiIt" A55p5ME~NTAl PROCESS. OF l1t ENVIRON~I PROJECT AND LOCATION

SED PROJECT IS CALLED ONGOYE FOREST DEVELOPMENT. THE p nilS PROPDE IS LOCATED IN THE ONGOVE FOREST NATURE RESERVE UNDER THE flO, ~lMUpIl.01fCT SITNICIPAUTY WITHIN THE JUR1DISTICTION OF THE UTHUNGULU D~... ~ ~apALITY· PROJECT ACTIVInES

KZN WILDLIFE IS PROPOSiNG THE DEVELOPMENT OF 3 BACHELOR U ¢1"VEl~ROOM UNITS, RESTAURANT, STAFF ACCOMMODATION WITH A LA~lTs, l twO oE E GATE f ACILITY, INTERPRETIVE CENTRE WITH EXHIBITION CENTRE ABl~'.' ~/I~D OFFICES. THE PROJECT REQUIRES ENVIRONMENTAL AUTHORIZATION l>c o~ $l-oO' ~f A BASIC ASSESSMENT fROM THE KWAZULU-NATAl DEPARTMENT llte pOItfot'CULTURE AND ENVIRONMENTAL AFFAIRS. Of! ~¢ INTERESTED AN~ AFFECTED PARTIES AR E REQUESTED TO REGISTER WIT... N2'NG\Ne cON""-tLi- ... 1IL-TANey, TO RAISE ISSUES, CONCERNS WITH:

NZINGWE CONSUL TANey lUNGElO NCWANE POBOX 939, SHEll Y BEACH, 4265 TEL; 039 315 7751, FAX: 039 315 6737 E-MAIL: [email protected] ENSURE THAT YOU ARE REGISTERED AS AN INTERESTeO AND AFFECTEo PARTY PLEASE SUBMn- 1~UR NAME, CONTACT DETAILS AND INTEREST IN THE PROJECT SO THAT TOU CAN 8E ADDEO TO THE DA" TABASE OF THE PROJECT. THE INFORMATION CAN BE SUBMITTED NO lATER THAN 14 DAYS OF

PHOTO 1: SampI e 0 f t he English Notice Boards which were place d b 0 th on the entrance ofthe Ongoye Forest as well at the proposed site. UMLALAZI LOCAL MUNICIPALITY Minutes of Ongoye Forest Development (Ward Committee Meeting)

Date: 06 July 2012 Time: 15HOO Location: Ezingwenya Area

1. ATTENDANCE r As per the attendance register. 2. WELCOME

Mrs J. Xulu opened the meeting in prayer.

Cllr Mnqayi opened the meeting and welcomed everyone to the meeting and gave a brief background of the project and the purpose of the meeting as part of the public participation process in relation to the EIA process for the proposed development.

Mr. Ncwane thanked Cllr Mnqayi and her ward committee for attending the meeting to discuss the proposed Ongoye Forest Development environmental process being undertaken by Nzingwe Consultancy.

3. BACKGROUND

Mr. Ncwane introduced the proposed project to the meeting and noted that this project was identified by Ezemvelo KZN Wildlife as infrastructure required by the local people to uplift the community's tourism potential which will bring about some job opportunities.

Mr. Ncwane gave background information in terms of environmental processes to be followed for the proposed project.

4. ENVIRONMENTAL AUTHORIZATION PROCESS

Mr. Ncwane explained that it is necessary for this project to undergo environmental processes as per the National En vironmental Management Act (NEMA, Act 107 of 1998). The proposed development will trigger Listing 3 activities 5 and 18 (Notice R546), issued in terms of the Environmental Impact Assessment Regulations GRN 543 , 2010 under the National Environmental Management Act 107 of 1998 as the proposed development is locate in a protected area as identified in terms of the National Envi ronmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (N EMPAA)

The environmental process to be undertaken is to identify potential environmental impacts of the proposed development, assess their significance and offer mitigation measures to render impacts acceptable and the proposed development sustainable. Consequently, Nzingwe Consultancy has been appointed as the independent Environmental Assessment Practitioner to take responsibility for ensuring that the said proposed development undergoes the requ ired environmental process.

Mr. Ncwane explained that, as part of the environmental investigation , public participation plays an important role. He noted that the main aim of this meeting is to afford the community representatives an opportunity to comment or raise concerns that should be addressed prior to and during construction.

5. IMPACTS AND MITIGATION MEASURES The following issues identified during the environmental investigation process were discussed:

Clearing of Vegetation The majority of the footprint area for the project is grassland which is still much intact. The construction of the proposed project will require the removal/clearing of indigenous grasses found in the area. Removal of the said vegetation/shrubs especially in steep areas will have a significant impact in loosening the soils and making the area more susceptible to erosion due to the rock face found on site. The bare areas must be revegetated with indigenous vegetation preferably the vegetation that previously occurred on site. Thus reducing the possibility of erosion and stabilising [ the soils that might be loosened. Spread of alien invasive plant species Areas that are disturbed or cleared of vegetation during construction are more vulnerable to invasion by alien plant species. Soil disturbances, such as erosion and compaction may result in the colonization and spread of alien invasive plant species, which then out-compete natural indigenous vegetation. Spread and colonization of alien plant species must be minimized by minimizing the footprint of disturbance and by timeously reinstating and re-vegetating (where required) cleared areas. All alien species must be removed (uprooted by hand) prior to reinstatement.

Impacts on soils Appropriate soil protection measures must be planned to mitigate soil erosion. Areas cleared of vegetation are particularly vulnerable to soil erosion and should only be cleared as close to construction starting time as possible. Areas exposed after construction is complete, should be re-vegetated as soon as possible. Adhere to specifications in the Environmental Management Programme (EMPr).

Water quality and quantity Contamination of soils and surface water running into drainage lines may be caused during construction, from leaking machinery (fuels and soils), casting of concrete, general litter and sewage. Measures must be taken to contain the water containing waste and to dispose it safely. This will monitored by the guidelines set in the EMPr.

ENVIRONMENTAL MANAGEMENT PROGRAMME Mr. Ncwane explained that there will be a site specific Environmental Management Programme (EMPr) which will be prepared specifically for the proposed project and will be submitted to the Department of Environmental Affairs (DEA) for the project for approval. The EMPr will clearly set out specifications and procedures for the construction process. He noted that all construction activities will have to adhere to the specifications laid out in the EMPr. Mr. Ncwane noted that the appointed Environmental Control Officer (ECO) would be responsible for the EMPr compliance and monitoring during the construction process. Site meetings will be held on a monthly basis to discuss progress and non-compliant issues. 6. ISSUES RAISED

Cllr Mnqayi thanked Nzingwe Consultancy for their continued effort to consult the public as this meeting was a follow up to the consultation embarked by Nzingwe Consultancy through other platforms (Newspaper. notice boards, etc.) with regards to the project.

Mr. C. Mnqayi wanted to express that he had no objections to the project but was concerned about the commitment that Ezemvelo has to the community with regards to the proposed project.

Mr. Ncwane replied that the project will be a community based project in the sense that the appointed contractor during the construction phase will source labour from the local community. Further to that Ezemvelo has committed to ensuring that during the operational phase people from the local community will be trained and then employed to work at the proposed development.

Miss S. Nqoko added that there is a tourism levy charged by Ezemvelo on each visitor to any of their facilities and this levy is utilised for upliftment projects within the surrounding communities.

Cllr Mnqayi was happy with proposed project as articulated by Nzingwe Consultancy, however she was concerned about the transparency in the manner in which the community benefits. She further narrated a story of a meeting she had been invited to where she learnt that two trust had already been established to benefit the community. She further enquired as to how those tru sts had been established and who were the trustees and how those trustees had been nom inated?

Mr. Ncwane responded by that unfortunately Nzingwe Consultancy was unable to comment or give response to the question raised as they have been appointed as Environmental Consultants to carry out the environmental process. Nzingwe Consultancy committed to passing the questions on to Ezemvelo through the minutes of this meeting.

Cllr Mnqayi further notified the meeting that the Mzimela Traditional Council seemed to have all the infonmation and has not in any way been communicated to the ward committee. She also wanted to know whether the local municipality had been notified of the proposed project as it would have to feed into the municipalities lOP.

Mr. Ncwane responded that a background information document (BID) has been submitted to both the uMlalazi and uThungulu Municipality for their comment and input on the project. The Municipalities will be continually infonmed throughout the process as Interested and Affected Parties (I&AP's) . On the Mzimela Traditional Council issue Nzingwe Consultancy could not comment on the assertion made by Cllr Mnqayi but felt that it was important for the ward committee and the traditional council to convene a meeting so as to iron out any issues that might be existing as the rift was not benefiting the community in any way.

Mr N. Dindi added that the issue between the wa rd committee and the traditional council was a political issue which needed to be treated as such and thus it wou ld be unfair to expect Nzingwe Consultancy to provide answers for things that the ward committee was well aware of.

Mrs. J. Xulu wanted to find out how long the whole process wi ll take to acquire the environmental authorization. Mr. Ncwane responded that the environmental authorization process can take at least four months but there are other processes that will still needed to be followed that are usually followed when it comes to the construction of such projects.

Mr. V. Dindi wanted to know the prospect of employment once the construction phase is reached because he is concerned that people from outside of the community will be employed before the local people.

Mr. Ncwane responded that the normal employment procedure which is through the Cllr and the CLO will be followed using the normal employment policy

Mr. R. Mangazi reiterated the point that the community appreciates what Nzingwe Consultancy is doing as in the past they are never told about these processes and their opinion is never sort when comes to environmental processes/planning phase. How is it going to be ensured that the Contractor does up hold what is in the EMPr?

Mr. Ncwane stated that the EMPr is included as part of the contractual docurnents signed by the Contractor making them by law compelled to comply to the EMPr and should they not then penalties will be imposed on them.

7. CLOSURE In conclusion. Mr. Ncwane thanked CII, Mnqayi and the ward committee for their time and comments. Cllr Mnqayi should lead a delegation to meet the Mzimela Traditional Council and the Ward Committee so as to provide an y clarity the community might have as it is important to have a buy in of all structures representing the community so as to ensure that the proposed project is a success and benefits the local community and the region at large. Without any further questioned or issues to be discussed the meeting was adjourned at 16h30. [ PUBLIC CONSULTATION FOR THE PROPOSED ONGOYEFORESTOEVLOPMENT I Date: 6 July 2012 Time: 15:00pm and Venue: On site .. ":-;"~ - ~. :: -,:::~... --:;.~~ L. Ncwane Nzingwe P.O Box 939 T: 039 315 7151 Consultancy Shelly Beach C: 0730511412 4285 F: 0393156737 E:[email protected]. 1tCv- . za

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Date: 01 August 2012 Time: 12HOO Location: Mzimela Traditional Court

1. ATTENDANCE As per th e attendance register.

2. WELCOME

Rev T. Mbokazi opened the meeting in prayer.

Mr. Zulu from Ezemvelo KZN Wildlife thanked In kosi Mzimela and his Mzimela Traditional Council for attending the meeting to discuss the proposed Ongoye Forest Development environmental process being undertaken by Ezemvelo KZN Wildlife.

Mr Zulu introduced Mr Ncwane from Nzingwe Consultancy who are independent consultants appointed have by Ezemvelo to conduct the EIA process on behalf of Ezemvelo.

3. BACKGROUND

Rev Mbokazi gave a brief background of the inception of the project wh ich was as far back as 1996; this was after Inkosi Mzimela wanted to know what positive spinoffs the community of Ongoye has from having such a cultural pride of the province. The proposed development seeks to uplift the community's tourism potential which will bring about some job opportunities for the local community.

Mr. Ncwane gave project description of the Ongoye Forest Development where Ezemvelo proposes to construct of 3 bachelor units, 3 two bedroom units, restaurant, staff accommodation with a laundry, entrance gate facility and interpretive centre with exhibition centre ablution block and offices.

4. ENVIRONMENTAL AUTHORISATION PROCESS

In terms of the South African Constitution Mr. Ncwane explained that it is necessary for this project to undergo environmental processes as per the National Environmental Management Act (NEMA, Act 107 of 1998). The proposed development will trigger Listing 3 activities 5 and 18 (Notice R546), issued in tenms of the En vi ronmental Impact Assessment Regulations G RN 543, 2010 under the National En vironmental Management Act 107 of 1998 as the proposed development is locate in a protected area as identified in tenms of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (N EMPAA).

Mr. Ncwane explained that, as part of the EIA process in terms of in section 24J of the Act which requires that all potential interested and affected parties must be given notice to of the application which is subjected to public participation. He noted that the main aim of th is meeting is to afford the Council who are community representatives an opportunity to comment or raise concerns that should be addressed prior to and during construction. Mr Ncwane further alluded that this consultation was a follow up to the consultation embarked by Nzingwe Consultancy through other platforms (Newspaper, notice boards, etc.) with regards to the project.

5. IMPACTS AND MITIGATION MEASURES The following issues identified during the environmental investigation process were discussed:

Clearing of Vegetation The majority of the footprint area for the project is grassland which is still much intact. The construction of the proposed project will require the removal/clearing of indigenous grasses found in the area. Removal of the said vegetation/shrubs especially in steep areas will have a significant impact in loosening the soils and making the area more susceptible to erosion due to the rock face found on site. The bare areas must be revegetated with indigenous vegetation preferably the vegetation that previously occurred on site. Thus reducing the possibility of erosion and stabilising the soils that might be loosened.

Impacts on soils Appropriate soil protection measures must be planned to mitigate soil erosion. Areas cleared of vegetation are particularly vulnerable to soil erosion and should only be cleared as close to construction starting time as possible. Areas exposed after construction is complete, should be re-vegetated as soon as possible. Adhere to specifications in the En vi ronmental Management Programme (EMPr).

Spread of alien invasive plant species Areas that are disturbed or cleared of vegetation during construction are more vulnerable to invasion by alien plant species. Soil disturbances, such as erosion and compaction may result in the colonisation and spread of alien invasive plant species, which then out-compete natural indigenous vegetation. Spread and colonisation of alien plant species must be minimized by minimizing the footprint of disturbance and by timeously reinstating and re-vegetating (where required) cleared areas. All alien species must be removed (uprooted by hand) prior to reinstatement.

Water quality and quantity Contamination of soils and surface water running into drainage lines may be caused during construction, from leaking machinery (fuels and soils), casting of concrete, general litter and sewage. Measures must be taken to contain the water containing waste and to dispose it safely. Th is will monitored by the guidelines set in the EMPr.

ENVIRONMENTAL MANAGEMENT PROGRAMME Mr. Ncwane explained that there will be a site specific En vironmental Management Programme (EMPr) which will be prepared specifically for the proposed project and will be submitted to the Department of En vironmental Affairs (DEA) for the project for approval. The EMPr will clearly set out specifications and procedures for the construction process. He noted that all construction activities will have to adhere to the specifications laid out in the EMPr. Mr. Ncwane noted that the appointed Environmental Control Officer (ECO) would be responsible for the EMPr complia nce and monitoring during the construction process. Site meetings will be held on a monthly basis to discuss progress and non-compliant issues. 6. ISSUES RAISED

Inkosi M.B. Mzimela said he could not hold back his excitement with regards to the project as it has been a long dream of his to ensure that the community benefit from the Ongoye Forest, however in the same breath these benefits must not be at the detrimental of the Forest. Inkosi further said that in his capacity as the Inkosi of the Mzimela Community and the Mzimela Traditional Council are in full support of the EIA process. He further thanked Ezemvelo for finally insuring that the project is realised as it will become of crucial benefit to the Mzimela Community.

Mr. Zulu on behalf of Ezemvelo thanked the support given to the project by Inkosi as this will have a trickle-down effect onto the community to take ownership of the project and thus making it a success

Mr. Ncwane thanked Inkosi for his support and assured him that Nzingwe Consultancy will ensure that the project will go through the proper EIA process.

Rev. Mbokazi said he was also excited as this project had been first introduced to the community when he was still the ward councilor as far back as 1996; he further wanted to find out how long the whole process will take to acquire the environmental authorisation.

Mr. Ncwane responded that the environmental authorization process can take at least four months but there are other processes that will still needed to be followed that are usually followed when it comes to the construction of such projects.

Induna Mkhize wanted to know the prospect of employment once the construction phase is reached because he is concerned that people from outside of the community will be employed before the local people.

Mr. Zulu responded that Ezemvelo had a clear employment policy in tenms of their project as they ensured that local people are employed from the construction phase through to the operational phase of the project.

Ms. Mzimela who is the secretary of the Mzimela Traditional Council reiterated the importance of sustainable development in tenms of ensuring that the Forest which is the pride of amaZimela is not negatively impacted on by the development.

Mr. Ncwane stated that part of the EIA process is to ensure that possible impacts are identified and mitigated for in the EMPr which is included as part of the contractual documents signed by the Contractor making them by law compelled to comply to the EMPr and should they not then penalties will be imposed on them and can even be taken to jail for non-compliance.

7. CLOSURE Wrthout any further questioned or issues to be discussed the Mr Ncwane once again thanked Inkosi yasemaZimeleni uDond'omkhulu for the opportunity provided by his to address the Mzimela Traditional Council and the meeting was adjourned at 13h30.

Rev Mbokazi closed in prayer. I I PUBLIC CONSULTATION FOR THE PROPOSED ONGOYE FOREST DEVLOPMENT

[ Date: 01 August 2012 Time: 10:00am and Venue: Mzimela Traditional Court r. _,- . :-1 ,-- . , "' . :~!~~~' . ~ l. Ncwane Nzingwe P.O Box 939 T: 0393157751 Consultancy Shelly Beach C: 073 0511412 4285 F: 0393156737 E:[email protected] ~ T: ()~~ " 73D I ~f) 1$..)1' 'IS 7tTO L 4 1-« l K. Z;'f WLlJ1.J ~ c: ~~'1~$'~ H6 1 ~~.FG1)' F: 05 ;~"307.tJ' I[g pO BO..l'75 T:03S4130700 J. 0,3 0 ---S bu,v.V{. fk.2/l.JwIWLi~ F~i..IA7V7V C: 7'6 {t3~ .d; dJ "57 c; F: 0'3 'S 4--n 0-7""" - e"'. tiD< 23't- T: 0 3"~4-0' so'- WI t-.. i J NOT..( yVrJ e'kO$ /-I' F: T: c: MAL . j? (vlYfli2c. I tVThl N 11 E-z. 'rJG. V"'Ctvy,:; F: T: c: tVI . tx'" "" I rJ i CUi!: (le"''<>'''N~~ ~2 "'''4vvcrvVA F: , T: c: A. OL!T'YI ,' ,V: C Ll.1'. Cle1'.A>""'''' ) E2.' IV4;w-I"VA F: T: -- c: G • r-J2.V 7 J 4)f1h-fl Q;;f~ T: c: !.v1JV1 wAfJl9 .... sc:z.,vfl[ Mil ;ivf /Vi}A AI ,q IVl-l-(YlIj./I/,lhvll F: Jvt-.~ I < T: V~ C: (J r) (- /YI (-:J IDfI0·EM" C'>·' ....,.J..J~ I (""\£r."" F: T: c: <) . QvJrfl5 o- f s ,; if\I () f-I tw r,:,-

Date: 01 August 2012 Time: 10:00am and Venue: Mzimela Traditional Court . ~'l-'j... ::!: ; o • ~n·~_k l. Ncwane Nzingwe P.O Box 939 T: 039 315 7751 Consultancy Shelly Beach C: 073 0511412 4285 F: 039 3156737 E:s [email protected]

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Amata AkwaZulu-Natali PO Box 268.5 Pietermaritzburg 3200 Heritage KwaZulu-Nafal Tel: 033 394 654 3 ~'ax: 033 ::142 609';

I Erfenis KwaZulu-Natal Email: [email protected] ...... l I Website: www.heritagekzn.c:o.za I I Date: 24 July 2012 Ref: 12107124-01

Attention: Lungelo Ncwane NZINGWE CONSULTANCY Tel: 0393157751 Fax: 039 315 6737 Email: [email protected]

Dear Lungelo

RE: PROPOSED ONGOYE FOREST DEVELOPMENT

We acknowledge receipt of your BID, Application Need and Desirability form and handling fee (R6DO) for the above mentioned development In terms of the KwaZulu Natal Heritage Act NO. 4 of 2008 and the National Heritage Resources Act No.25 of 1999 (Section 38 (1)), a Heritage Impact Assessment is required as part of the EIA process.

Please download a list of A-nafa a=edited HIA specialists on our 1M!bsffe: www.herrtagekzn.co.za

Heritage Resources are protected in terms of the KwaZulu-Nalal Heritage Act (No.4 of 2(08)

Kind regards ~\C1 Weziwe Tshabalala Archaeology Perm its For: Annie van de Venter · Radford (Deputy Director: Support, Professional and Technical Services)

• I I UTHUNGULU

I Our Reference:

I Your Reference:

31 July 2012

Nzingwe Consultancy P.O. Box 939 . Shelly Beach 4265 [ Attention: Lungelo Ncwane Dear Sir

! BACKGROUND INFORMATION DOCUMENT FOR THE PROPOSED ONGOYE FOREST DEVELOPMENT

uThunguiu District Municipality has received the application for the above­ mentioned development. uThunguiu District would like the following to be addressed:

• Are there any provisions to increase capacity of sewer system, as it is envisaged that number of people (visitors) might be increased as a result of the proposed development.

Should you have any further queries, please contact the Environmental Officer, Miss Nkosingiphile Khuluse, at Tel: 035-7992684 or 082 2660178 during office hours.

Yours faithfully @t ..... ~ ...... D.P. LUBBE DEPVTY MUNICIPAL MANAGER

P9stai Address Private Bag X 1025 Richards Bay 3900 Address Uthungulu House, Krugerrand, CBD Ricbards Bay Tel (035) 799 2500 Fax (035) 789 1409

-----_._--_._ _._. I !

I Mina;;,r1IY.Q!i:t.... .d.. :.~.. :.JyJ...~.!..~.€.f.&...... ngaZiZiWe ngohlelo Iwezenthuthuko lokwakhiwa KweOngoye Forest Development.

(Sicela umake/ukhethe ovumelana nakho ngezansi)

o Loluhlelo lokwakhiwa KweOngoye Forest Development luzoba usizo olukhuku kumphakathi • Angivumelani naloluhlelo olihlongozwayo KweOngoye Forest Development. • Nginalemibono engigathanda ukuthi umcwaningi wemvelo azibheke mayelana nalenthuthuko yokwakhiwa kwaloluhlelo:

Amagama

Nesibonngo (aPhelele)4.d(~f.:t.: ...... /.'!J..: .. .iS... : ... [l1.. ~t.~ .. ~

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L Ikhell...... p ...... o...... l>cx...... :B...... 'E.:'...... ~.. '?d...K. ..~/.r.r...f. .. ,~~~~:~=;) ·.i~>~: ·~:::: .7/c Iwadi··· .. · .. li1~·O'I ..~········ Ongoye Forest Development: PubliC Participation I ssues Trail

ONGOYE FOREST DEVELOPMENT PUBLIC PARTICIPATION ISSUES TRAIL

SUMMARY OF COMMENTSI CONCERNS AND SUGGESTIONS RAISED BY INTERESTED ANDI OR [ AFFECTED PARTIES FOR THE ONGOYE FOREST DEVELOPMENT Comments dated July 2012

Stakeholders who made contributions to various matters and raised certain issues range across all sectors of society. Many stakeholders raised the similar issues. This list of issues does not focus solely on a specific focus area. Instead, it lists all the issues raised by I&APs throughout the study scope.

The issues have been arranged into groups of similar content, and are listed in each group more or less in the order in which they were received. The name, affiliation and date of the commentator are also indicated. The affiliation , where indicated, of the person who raised the comment is indicated; as it was at the time the comment was raised.

1 [ Ongoye Forest Development: PubliC Participation Issues Trail I INDEX 1. PROCEDURAL CONCERNS ••.••.••••••••••.••..••••••••.••.•.••••...•••...•••••••• • 3 2. BIODIVERSITY AND ECOLOGY .••••••••••.•••••• ••••••••••••••••...••...•••.•••••. 3 3. TECHNICAL ISSUES •••• ••••••.••.••••••• ••• •••...•..•••••••.•••••...••••...••• ••• •••• 4 4. GENERAL .•••••••..•••...•••..••.••••••..•••••.••.•••••••• ••••.•.•••...•• ••• ..••••••••.• 4

2 ~ ~

Ongoye Forest Development: Public Participation Issues Trail

ISSUE/COMMENT RAISED BY RESPONSE PUBLIC PARTICIPATION DRAFT BAR COMMENTS AND ISSUES 1. PROCEDURAL CONCERNS 1.1. The Department in acco rda nce with Section 24 (2) & (3) of the Ms N. Nkosi, DEA, The list of all State Departments has been attached in National Environmental Management Act, 1998 (Act 107 of Integrated Appendix E of the BAR. 1998) inform the relevant State Departments of the Environmental Authorisation, Faxed, 05 commencement date of the 40 day co mmenting period , or 60 July 2012 days in the case of the Department of Water Affairs of waste management activities which also require a license in terms of the National Water Act, 1998 (Act 36 of 1998) 1.2. Should it be necessary to apply for a permit in terms of the Ms N. Nkosi, DEA, A BID was submitted to AMAFA-Heritage KwaZulu Natal National Heritage Resource s Act, 1999 (Act 25 of 1999), Integrated and they requested that an HIA be co nducted by an plea se submit the necessary application to SAHRA or the Environmental Amafa accredited Heritage Practitioner. Authorisation, Faxed, 05 relevant provincial heritage agency and submit proof thereof July 2012 with the Basic Assessment Report. The relevant heritage agency shou ld also be involved during the public participation process and have the opportunity to comment on the reports to be submitted to this Department. 1.3. In terms of the KwaZulu Natal Heritage Act No.4 of 2008 and Ms W Tshabalala Nzi ngwe Consu ltancy on th e 13 July 2012 appointed the National Heritage Resources Act No.25 of 1999 (Section Archaeology Permits, Albert van Jaarsveld as an Amafa accredited Heri tage 38 (1)) a Heritage Impact Assessment is required . Amafa KZN Heritage, Practitioner to cond uct the required Heritage Impact Fax, 24 July 2012 Assessment. The reco mmendations in the HIA have been incorporated in the Draft BAR which Amafa has also been submitted to Ama fa for commenting . (see Appendix D) 2. BIODIVERSITY AND ECOLOGY 2.1. • Plant rescue and protection plan Ms N. Nkosi, DEA, These issues will be part of the EMPr to be submitted • Open space management plan Integrated with the final BAR as these issues wi ll form part of the Environmental Biodiversity Specialist Studies still to be conducted. • Re-vegetation and habitat rehabilitation plan Authorisation, Faxed, 05 Th ese studies as highlighted in the draft BAR can on ly July 2012 • Alien invasive management plan be done during th e spring and summer season so as to -- 3 Ongoye Forest Development: Public Participation I ssues Trail

ISSUE/COMMENT RAISED BY RESPONSE • Environmental sensitivity map allow a true reflection of the biodiversity in the area which is more vi sible during these times of the year.

2.2. • Storm water management plan Ms N. Nkosi, DEA, The EMPr attached to this BAR has included these • Monitoring system to detect any leakag e or spillage of Integrated issues and provided mitigations for them . (see Appendix Environmental F) hazardous substances. Authorisation, Faxed, 05 • Erosion management plan July 2012 • Traffic management plan 3. TECHNICAL ISSUES

3.1. Are there any provisions to increase capacity of sewer system , Ms N. Khuluse The sewer system to be utilised will have a reserve factor as it is envisaged that number of people (visitors) might be uThungulu District of 50% to cater for any sudden increases as well as Municipality, in crease as a result of the proposed development future additions to the development should there be any. Faxed, 31 July 2012 4. GENERAL

4.1. • The commitment that Ezemvelo has to the community Ward Committee • The project will be a community based with regards to th e proposed project. Meeting, 06 July project in the sense that the appointed 2012(see attached • How long the whole process will take to acquire the minutes) contractor during the construction phase will environmental authorization . source labour from the local community. Further to that Ezemvelo has committed to ensuring that during the operational phase people from the local community vv ll be trained and then employed to work at the proposed development. • The environmental authorization process can take at least four months 4.2. I am excited that this type of economic and job creation Frans van der Walt, Comments have been noted and the Socia Economic I&AP, emailed, 13 July aspect of the study has confirmed the need and to some 4 .---

Ongoye Forest Developmen t : Public Participation Issues Trail

ISSUE/COMMENT RAISED BY RESPONSE opportunity is being considered for that region which has a 2012. extent the desirability of the development in the region. substantial unemployment rate. The Economic and Socio- Economic leg of the EIA process should hopefully confirm the need and desirability of this development in that region. 4.3. Inkosi M.B. Mzimela said he could not hold back his Mzimela Tradional Noted and the comment has been forwarded to excitement with regard s to the project as it has been a long Council Meeting, 01 DGIT Architects and Ezemvelo KZN Wildlife. August 2012 (see dream of his to en sure that the community benefit from the attached minutes) Ongoye Forest, however in the same breath these benefits must not be at the detrimental of the Forest. Inkosi further said that in his capacity as the Inkosi of the Mzimela Community and the Mzimela Traditional Council are in full support of the EIA process. He further thanked Ezemvelo for finally insuring that the project is reali sed as it will become of crucia l benefit to the Mzimela Community.

5 l Appendix F: Draft Environmental Management I Programme (EMPr)

[ 1. DRAFT ENVIRONMENTAL MANAGEMENT PROGRAMME . I [ l IXlMYllO leX" WILDLIFE l r PMeW'" 1& Ie

! ENVIRONMENTAL MANAGEMENT PROGRAMME:

ONGOYE FOREST DEVELOPMENT

AUGUST 2012

PREPARED BY:

Submitted to Department of Environmental Affairs

Submitted by Nzingwe Consultancy

On behalf of Ezemvelo KZN Wildlife

DEA Reference 14/12/16/3/3/1/642

Reference No. EKZNE/12/01 Nzingwe Consultancy Environmental and Safety Planners

GLOSSARY USED

Contractor r Persons/organisations contracted by the developer to carry out parts of the work for the planner development.

Environment

The environment is defined in terms of the National Environment Management Act, No.1 07 of 1998, as the surroundings within which humans exist and that are made up t-the land, water and atmosphere of the earth, micro-organisms, plants and animal life; and any part or. combination of the latter and any interrelationships among and between them; and the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being.

Environmental Assessment Practitioner

An independent consultant that has been appointed by a developer to compile an Environmental Management Programme and to unde ake audits. An individual responsible for the planning, management and coordination of environ ental impact assessments, strategic environmental

assessments, environmental management ~rogrammes or any other appropriate environment

Environmental Control Officer (ECO)

An individual nominated by the developer to act on behalf of a Contractor in matters concerning the day­ to-day implementation of the MPr, and for liaison witli the DAEA, Municipality, EKZNW and DWAF and the public and owners or mana

Environmental Impact

This is the d~ree of change whether desirable or undesirable in an environment resulting from the interaction of the activity. The impact can either be direct or indirect of the construction activity.

Environmental Management Programme (EMPr)

The EMPr is a detailed plan for the implementation of the mitigation measures to minimise negative environmental impacts during the project life-cycle. The EMPr contributes to the preparation of the contract documentation by developing clauses to which the Contractor must adhere to for the protection of the environment. A short and long term environmental management document for the project.

Environmental Site Officer (ESO)

During the construction phase an Environmental Site Officer must be appointed for ensuring the day-to­ day implementation of the environmental management requirements for the construction phase. An ESO

ONGOYE FOREST DEVELOPMENT I EKZNE/12/01 3 [ Nzingwe Consultancy Environmental and Safety Planners

as a waste by the Minister by notice in the Gazette and includes waste generated by the mining , medical or other sector, but;- i) a by product is not considered waste; ii) any portion of waste, once re-used, recycled and recovered ceases to be waste.

List of Abbreviation

C Contractor

DAEA KwaZulu - Natal Department of Agriculture and Environmental Affairs

DEAT Department of Environmental Affairs and Tourism

DEV Developer

DMR Department of Mineral Resources

DWEA Department of Water and Environmental Affairs

EA Environmental Authorisation

EAP Environmental Assessment Practitioner

ECA Environmental Conservation Act No.

ECO Environmental Control Officer

EIA Environmental Impact Assessment

EKZNW Ezemvelo Kwazulu-Natal Wildlife

EMPr Environmental Management Programme

ESO Environmental Site Officer

I&AP's Interested and affected Parties

IEM Integrated Environmental Management

MSDS Material Safety Data Sheets

NEMA National Environmental Management Act No. 107 of 1998

OHSA Occupational Health and Safety Act No. Act 85 of 1993

PM Project Manager

PPE Personal Protective Equipment

SABS South African Bureau of Standards

WESSA Wildlife and Environment Society of South Africa

ONGOYE FOREST DEVELOPMENT I EKZNEj12j Ol 5 Nzingwe Consultancy Environmental and Safety Planners l • Detail specific actions deemed necessary to assist in mitigating the environmental impact of the project.

• Comply with all applicable laws, regu lations, standards and guidelines for the protection of the environment.

• Ensure that the safety recommendations are complied with.

1.2. Applicant !Developer: [ The Ezemvelo KZN Wildlife is accountable for ensuring compliance with the EMPr and are responsible for the employing an independent ECO to assess objectively and monitor implementation of relevant environmental legislation conditions of the EMPr for the project.

The developer is further responsible for providing and giving mandate to enable the ECO to perform responsibilities. The developer must ensure that the ECO is integrated as part of the project team especially during the construction phase.

Developer Ezemvelo KZN Wildlife

Contact Person Sindi Zamla

Ph ysical 1 Peter Brown Elrive address: Montrose

Postal address: P.O . Box 13053

Cascades

Postal code: Cell: 0827034616

Telephone: 0338451999 Fax: 033845 1499

Email:

I 1.3. The Environmental Assessment Practitioner (EAP):

Nzingwe Consultancy are independent environmental assessment practitioners who have been appointed by Dgit Architects to plan and manage the environmental impact assessments of the proposed project according to the National En vironmental Management Act No.1 07 of 1998. Miss S. Nqoko is an independent consultant employed by Nzingwe Consultancy with a Bachelors Degree in Science (Environment and Development Studies) obtained from the University of KwaZulu-Natal. Prior to working for Nzingwe Consultancy, she was part of the Mbumbazi Nature Reserve team a project managed by Ezemvelo KwaZulu-Natal Wildlife. In the past 6 years she has been involved in the

ONGOYE FOREST DEVELOPMENT I EKZNE/12/01 7 Nzingwe Consultancy Environmental and Safety Planners

Telephone: 0313043508 Fax: 0313047858

E-mail: [email protected] [ I 1.5. Authority

The Department of Agriculture and Environmental Affairs is the nominated authority responsible for the authorisation of this EMPr and ensuring that the applicant complies with the conditions of the approved EMPr.

Authority Department of Agriculture and Environmental Affairs

Contact Person Mr M Mdamba

Postal address: Private Bag X 1048 Richards Bay

Postal code : 3900 Cell:

Telephone: 0357921624

I 2. PROJECT DESCRIPTION Ezemvelo KZN Wildlife as per the preliminary site l'llan provided by Dgit Architects (Appendix B) proposes the construction of 3 bachelor units, 3 two bedroom units, restaurant, staff accommodation with a laundry, entrance gate facility a~ in er{ etive centre with exhibition centre ablution block and offices, the total square metre area for development is 1,535. The potential negative environme tal impacts that may be triggered by the above activities include environmental pollution, deformation of the landscape, soil ! sand erosion and visual disturbance. In order to minimize these impacts, care must be taken with , inter alia, the disposal of waste, spillage, storage, noise and dust control, preservation and re-establishment of indigenous vegetation and sediment management and the demarcation of sensitive areas. Minimal negative en vironmental impacts must occur during the maintenance phase of the proposed project.

I 3. LEGAL ENFORCEABILITY OF AN EMP AND COMPLIENCE

Laws applicable to the protection of the environment in terms of En vironmental Management include but are not restricted to; are:

1. National Environmental Management Act, Act 107 of 1998 2. En vironmental Planning Act, Act No. 88 of 1967 3. Conservation of agricultural Resources Act, No 43 of 1983 4. National Water Act, Act 36 of 1998 5. Water Services Act No. 108 of 1997

ONGOYE FOREST DEVELOPMENT I EKZNE/ 12/ 01 9 Nzingwe Consultancy I Environmental and Safety Planners

must not be less than the payment that would have been due to the Contractor for the day's production of I the relevant item of work that gave cause for the infringement.

The imposition of such a penalty must not preclude the relevant Provi ncial or National Authority from applying an additional penalty in accordance with its statutory powers. Any non-compliance with the agreed procedures of the EMPr is a transgression of the various statutes and laws that define the manner by which the environment is managed.

Failure to redress the cause must be reported to the relevant authority for them to deal with the transgression, as it deems fit.

Application of a penalty clause to the Contractor will apply' for incidents of non-compliance. The penalty imposed will be per incident and wi ll be deducted from the Contractor's monthly payment certificate. Unless stated otherwise in the project specification(the penalties imposed per incident or violation will be:

• Failure to demarcate working areas R4,OOO • Working outside of the demarcated area R4,OOO • Failure to strip topsoil with intact vegetation (where ap R4,OOO • Failure to stockpile topsoil correctly R4,OOO • Failure to stockpile materials in designated areas R2,OOO • Failure to provide adequate sanitation for labourers R2,OOO • Failure to erect temporary fences/shade cloth R2 ,OOO • Failure to provide adequate waste disposal facilities and services R4,OOO • Nuisance to neighbours by Construction staff R2 ,OOO • Failure to control storm water run-off R4,OOO • Failure to rehabilitate isturbed areas within the specified time-frame R4 ,OOO • Any contravention of !lie requirements of DEA R4 ,OOO • Any other contravention of project specific specification R2 ,OOO • Any other contravention of particular environmental specification R2 ,OOO

Such fines will be paid to the Proponent and will be used in rehabilitation/remediation and or landscaping of the development.

The EMPr must be presented to the Contractor before the commencement of activities on site and the contents defined. A copy of the EMPr must be kept on site during the refurbishment period as it is binding to all Contractors operating on site and the proponent.

ONGOYE FOREST DEVELOPMENT I EKZNE!12!Ol 11 Nzingwe Consultancy Environmental and Safety Planners

Public Participation • The Contractor must liaise with adjacent land users, and provide them with reasonable advance notice of the nature, location and duration of the construction. • Open liaison channels must be established between the Site owner, the developer, operator, the [ Contractors and Interested and Affected Parties (I&APs) such that any queries, complaints or suggestions can be dealt with quickly and by the appropriate person(s). • Complaints received from the community and other I&AP's must be registered and recorded by the Site Environmental Officer and brought to the attention of the ECO and contractors. All relevant parties must respond accordingly. The following information must be recorded in the case of any complainUincident: a. Time, date and nature of complaint; b. Response and investigation undertaken; and c. Corrective and preventative actions taken and by iNhom . • Disruption of access for local residents must b~lninimised and must have the Applicant's permission. ~ Construction Camp ~ .. ~ • Choice of site for the Contractor's camp re)lulres the Engineel'S permission and must take into account location of local residents, existing land uses, including flood zones and unstable zones. • If the Contractor chooses to locate the camp site on private land , prior permission from both the Eng ineer and the landowner must be obtain • A maximum of two site camps must be allowed depending on site logistics and barriers between construction sites. • The camp must be properly fenced off and secured. • The Contractor must attend to th~ drainage of the cam~ t~o avoid standing water and/or sheet erosion. ""- Access to site ~ .. ~ ,~ • Access route must be clearly defined with white stakes/painted' rocks and disturbance outside these areas is ndt penmitted. • Construction signs must be placed at the Ileginning of the project indicating who is constructing the proposed project. • Minimum disruption of access for local residents must be achieved and must have consent of the Engineer. • Construction of new road is not envisaged for t is development. Delivery of building materials will be made via existing access ways. • No trees/shrubs/grOUndcover~~e removed or vegetation stripped without the prior permission of the Engineer/ECO. Construction site boundaries .. • The site boundaries of the project"" area within which the Contractor must operate must be agreed upon with ECO and the Engineer prior to the start of the site operations. The Contractor must demarcate tbese areas at the very start of the project. • Areas outside of these boundaries must be deemed as no go areas.

No-Go Areas • Any area beyond the aemarcated areas for construction is a no go area. • Collecting of firewood outside the boundaries of the site is prohibited. • Cutting and removal of red listed trees is prohibited unless prior permission has been sought and granted from the relevant authority. • All sensitive areas that have been identified must be marked as no-go areas. Protected and red listed species on site need to be marked. • No Stockpiling, dumping or storing of equipment or waste will be done within areas zoned as no- go areas. Ablution Facilities • Temporary chemical toilets must be provided by a company approved by the Applicant. These toilets must be made available to all staff, and must be no closer than 50 m from any water

ONGOYE FOREST DEVELOPMENT I EKZNEj 12jO l 13 Nzingwe Consultancy Environmental and Safety Planners

• Waste from chemical toilets must be disposed of regularly and in a responsible manner by a registered waste Contractor. Care must be taken to avoid contamination of soils and water, pollution and nuisance to adjoining areas. • Hazardous waste disposal must be carried out by an approved waste Contractor and waybills kept for proof of disposal. • The excavation and use of rubbish pits on site is forbidden and the burnin>} of waste is forbidden. Flora and fauna • No vegetation may be cleared without the prior permission from the ECO. Care must be taken to avoid the introduction of alien plant species to the site and surrounding areas. • No indigenous or protected species may be removed without a permit from the Department of Agriculture, Forestry and Fisheries (DAFF). I • Small indigenous plants that can be removed without much damage to the root system must be removed, maintained in a nursery where they can be looked after, and then replaced once construction is complete. • Any indigenous trees or shrubs damaged or destroyed must be replaced at a 3: 1 ratio. • A competent, horticulturally qualified Contractor must be appointed to undertake this work (removal, relocation and planting-in of excavated or new plant material), acceptable to Ezemvelo KZN Wildlife's standards. • The ECO must be given a chance to mark vegetation that is to be conserved before the Contractor begins clearing the site. As work progresses the Contractor is to check that vegetation clearing has the prior permission of the Engineer and ECO. • Gathering of firewood , fruit, muthi plants, crops or any at · er natural material on site or in areas adjacent to the site is prohibited. • Snares and traps on site are prohibited. • Care must be taken to conserve existing Ellant and anil:l)al life on and surrounding the site. Disturbance to birds, animals and reptiles and their habitats must be minimised wherever possible. • Immediate re-vegetation of stripped areas and removal of aliens by weeding must take place. This significantly reduces the amount of time and money spept on alien plant management during rehabilitation . • Alien plant encroachment is particularly damaging to natural habitats and is often associated with disturbance to the soil during construction activnies. Care must be taken to avoid the introduction of alien plant species to the stte and surrounding areas.

Top Soil Stripping and Stock Piling of Materials • Top soil is to be stripped to a depth of 150 mm and conserved to be utilised for the rehabilitation of the sne. • Topsoil and subsoil must be stockpiled separately, and replaced according to correct profile - i.e. topsoil replaced last. • Stockpiles are to be no more than 2m high and must be protected from wind and water erosion and be kept in a weed free condition. • Topsoil stripped from the construction camp and other construction areas must be stockpiled away from any potential disturbances. All earthworks must be vegetated as soon after completion of construction as is practically possible with locally sourced indigenous vegetation. • If stockpiles are exposed to windy conditions or heavy rains, they must be covered either by vegetation or cloth, depending on the duration of the project. Stockpiles may further be protected by the construction of berms or low brick walls around their bases. • Material stockpiles or stacks, such as pipes must be stable and well secured to avoid collapse and possible injury to site workers I local residents. • Stockpiles must not be situated such that they obstruct natural water pathways. • All stockpiles must be clearly demarcated • Stockpiles must not be left for longer than three (3) months, unless otherwise permitted by the Enoineer.

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Nzingwe Consultancy Environmental and Safety Planners

prior approval. If necessary these buffer areas must be clearly demarcated on the layout plans and physically on site (where appropriate). The incorrect handling, storage, transport and disposal of substances and materials, and polluted run-off can have serious negative effects on groundwater quality. Soil erosion and sediment is also detrimental to water quality. Other sources of pollution include polluted run-off from vehicle washing and wind dispersal of dry materials into rivers and water courses, which have detrimental effects on water quality. Water Qualit • Storage areas that contain hazardous substances must be bunded with an approved impermeable liner. • A designated, bunded area is to be set aside for vehicle washing and maintenance. Materials caught in this bunded area must be disposed of to a suitable waste disposal site. • The Contractor must compile a list of emergency conla numbers including those of the Department of Water Affairs and the ECO to refef to in order to deal with spillages and contamination of land and aquatic environments. • Storage areas that contain hazardous substances must be bunded with an approved impenmeable liner. • Spills in bunded areas must be cleaned up, removed and be dis sed of at a registered land fill site immediately after detection to minimize pgllution risk. • A designated, bunded area must be set aside for vehicle maintenance. Materials caught in this bunded area must be disposed of at the nearest registered waste disposal site. • All polluted run-off must be collected on site and disposed of by a licensed treatment company. • Under no circumstances ca the existing stan pipe e used for water maintenance of construction, the Contractor must provide the construction team with portable water. • Dewatering of vessels , tanks etc. must take place in a controlled manner by transferring water using a connecting pipe into a water tanker for transportation to a registered waste water treatment site depending on the water quality. • In the event that the Contractor dewaters portable water this water must be given to the local communit Geolo • Excavations maybe done by hand as far as possible. Light machinery must be used in case of areas where demolition will be of concrete structures. • Where required , provision must be made to accommodate or avoid collapsing settlement or structures must be founaed below the colla sible horizon. Air PoliutiQn • Dust generating activities and the use of materials that easily become airborne must cease during Windy conditions • Areas that have been stripped of vegetation must be dampened periodically to avoid excessive dust. • Vehicles and machinery are to be kept in good working order and to meet the manufacturers specifications for safety, fuel consumption, etc. • If excessive emissions are oliserved, the Contractor is to have the equipment seen to as soon as ossible. Concrete/Cement • Ready mix concrete must be used where possible and no vehicles transporting concrete, asphalt or any other contaminating products to the site may be washed on site. • Concrete/Cement mixing must be restricted to hardened surfaces and mixi ng mats within the construction zone. It must take place on plastic liners where proper mats cannot be acquired to avoid contamination of soil. • Cleaning of cement mixing and handling equipment must only be done using proper cleaning trays. • All access cement and concrete are to be contained on the construction site prior to disposal off site in a suitable landfill and wa bills ke t for roof of dis osal. 5 ills Cantin enc Plan

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[ o All structures comprising the construction camp are to be removed from site. o The area that previously housed the construction camp is to be checked for spills of substances such as oil, paint, etc. and these must be cleaned up. o All hardened surfaces within the construction camp area must be ripped, all imported materials removed , and the area must be top-soiled and re-vegetated if appropriate. o The Contractor must arran e the cancellation of all tem ora services. Access Roads o All roads used by construction vehicles must be rehabilitated , at least to their original condition, b the Contractor Ve etation o All areas that have been disturbed by construction activities (including the construction camp area) must be cleared of alien vegetation. o Alien plants must be treated according to the species type uSing guidelines set out in the Invasive Alien Plants in KwaZulu-Natal Management and Control Wildlife Handbook by WESSA-KZN. • Open areas/exposed soils that are not developed are to be promptly re-vegetated. o All vegetation that has been cleared during construction is to be removed from site or used as much as per the re-vegetation specifications (except for seeding alien vegetation). The Contractor is to water and maintain all plante9 vegetation until the end of the defects liability period and is to submit a method statement re ardi.n this to the En ineer. Landscapin o All disturbed areas or areas, which have been'flngireered or the purpose of the development, must be rehabilitated with indigenous vegetation, ",(hlch must be sourced from surrounding areas where possible. This wi ll aid in preventing erosion within the site. • All plant material must be obtained either from nurseries; from a phased "Search and Rescue" operation on the site prior to clearing; or, from an area in close proximity to, and of the same veld type as, the site, as indicated by the Engineerl ECO. Living Illant material obtained from the site must include whole plants, cuttings (propagation material), bibs, corms, runners, rhizomes, grass sods, restio sods, etc. • The Contractor must ensure that each plant is handled and packed in the approved manner for that species or variety, and that all necessary precautions are taken to ensure that the plants arrive on Site in a pro~r conclnion for successful growth. • Trucks used for transportin container plants must be equipped with covers to protect the plants ftom windburn. Gontainers must be in a good condition. Plants must be protected from wind during the transportation ih reof. o No plants or plants wnh exposed roots must be subjected to prolonged exposure to drying winds and sun , or subjected t,o water logging or force-feeding at any time after purchase. • The Contractor must ensure that the plants are in a good condition and free from plant diseases and pests. The Contractor must immediately remove plants containing any diseases andl or pests from the S· e. • All plants supplied by the Contractor must be healthy, well fonmed , and well rooted. Roots must not show any evidence of having been restricted or deformed at an y time, unless these were plants rescued from naturakhabitats for replanting. • The potting materials used must be weed free. There must be sufficient topsoil around each plant to prevent desiccation of the root system . Where plants are stored on Site prior to planting they must be maintained to ensure that the root systems remain moist. • All indigenous plants that have been removed from a site prior to clearing, must be identified and labelled and returned to the same habitat, aspect and, where possible, position from which they were removed . Where ossible, GPS co-ordinates must inform final lacement of these lants. Rehabilitation • The Contractor must repair any damage that the construction works has caused to neighbouring properties. o Surfaces are to be checked for waste products from activities such as concreting or asphalting and cleared in a manner a roved b the En ineer.

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[ 5.3. Decommissioning Phase

The objective of providing guidelines during the decommissioning phase is to prevent structures from being left to deteriorate and look unsightly. It is imperative that non - functional structures be removed as soon as possible, and that the site is rehabilitated as soon as possible. If non - functional structures are not needed anymore, and not removed , it must be maintained that they will be used to prevent the en vironmental degradation of the site. l

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[ Nzingwe Consultancy Environmental and Safety Planners [ ACKNOWLEDGEMENT FORM FOR ONGOYE FOREST DEVELOPMENT, UMLALAZI LOCAL MUNICIPALITY, KWAZULU - NATAL [ DEVELOPER / PROPONENT: Ezemvelo KZN Wildlife [ l Signed: ...... Date: ...... [ PROJECT MANAGER: DGIT Architects

[ Signed: ...... Date: ......

E A P: Nzingwe Consultancy

Signed: ...... Date: ......

CONTRACTOR: To be appointed

Signed: ...... Date: ......

ENVIRONMENTAL CONTROL OFFICER: To be appointed

Signed: ...... Date: ......

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