CRR BA2 Comment on DBAR (Final to DEFF)24 06 2020

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CRR BA2 Comment on DBAR (Final to DEFF)24 06 2020 COMMENTS AND RESPONSES REPORT 2 COMMENTS ON DRAFT BASIC ASSESSMENT REPORT: FEBRUARY – MARCH 2020 PROPOSED CAPACITY UPGRADES TO THE N3 FROM PARADISE VALLEY (N3 SECTION 1 KM 17.5) TO KEY RIDGE (N3 SECTION 2 KM 2.8), INCLUDING PROVISION OF ACCESS FOR CONSTRUCTION BELOW THE UMHLATUZANA VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & OUTER WEST), KWAZULU- NATAL BASIC ASSESSMENT 2: (DEA Reference 14/12/16/3/3/1/2135) Capacity Upgrades to the N3 (Paradise Valley to Key Ridge) including provision of temporary access for construction below the Umhlatazana Viaduct. Comments in response to the Draft Basic Assessment Report have been received from the following stakeholders (alphabetical): Title Surname First Name Organisation Mrs Biyela Mamzile R Private Landowner Mr Farrer Warren Private Landowner Ms Govender Christine Dark Fibre Africa Mr Henderson Ronnie MA Joint Venture (Regional Valuer) Mr & Mrs Hilligan Rodney Private Landowner Mr Horner Richard SMEC – Section Manager Mr Horsfield William Private Landowner Mr Janneker Shawn DEDTEA Pietermaritzburg (Environmental Management) Mr Khoosal Shaheil SANRAL Project Manager Dr Leech Michael G Private Landowner/I&AP – Lead Researcher Mr Logan AF Affected Landowner Ms Luchai Vishali Private Landowner Mr Malaza Sabelo Department Environment, Forestry and Fisheries Mrs Mhlongo Witness Z Private Landowner Ms Moroka Nomalungelo eThekwini Municipality: Human Settlements Unit; Informal Settlements Programme Mrs Msomi SO Affected Landowner Ms Naidoo Chandra Senior Librarian – Pinetown Public Library Mr Naidoo Yogesh Guilder Investments 10 (Pty) Ltd Ms Noor Mahomed Zarina RCL Foods (Legal Advisor) Ms Pillay Nerissa Ezemvelo KZN Wildlife Mr Rogers David Animal Anti-Cruelty League Ms Snyman Kay Mr Eastwood – Earthmoving Plant & Transport Ms Sontangane N Department of Agriculture, Forestry & Fisheries Mrs Thornton Margot L Private Landowner Mr Tshltwamulomoni Stanley Department of Forestry & Fisheries – Biodiversity Mrs Zondi Dumi (ABD) Private Landowner/I&AP Ms Zondo Thandeka eThekwini Transport Authority Ms Zuma Nhle eThekwini Development Planning, Environment and Management Unit COMMENTS AND RESPONSES REPORT 2 – DRAFT BASIC ASSESSMENT REPORT BA2: PROPOSED CAPACITY UPGRADES TO THE N3 FROM PARADISE VALLEY (N3 SECTION 1 KM 17.5) TO KEY RIDGE (N3 SECTION 2 KM 2.8), INCLUDING PROVISION OF ACCESS FOR CONSTRUCTION BELOW THE UMHLATUZANA VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & OUTER WEST), KWAZULU- NATAL 1 Name and No Date Comment/Issue Raised Response Organisation 1 14.01.2020 Mrs Dumi Zondi I am checking what is the update on this project as our house is going to ACER indicated to Mrs Zondi that the Environmental Process Email I&AP (Private be affected. was well underway, with a Draft BAR report due to be Landowner) circulated to the public in early 2020 and that ACER would notify all I&APs as soon as it was available. ACER also indicated to Mrs Zondi that the land acquisition process is undertaken by SANRAL’s property representatives who contact the affected property owners directly once they have the required survey diagrams (if SANRAL requires part of the property). ACER is not directly involved in this process but can enquire on behalf of the I&AP if the physical address and erf number of the property are provided. 2 12.02.2020 Ms N Sontangane DRAFT BASIC ASSESSMENT REPORT (DBAR) FOR THE Email Department of PROPOSED CAPACITY UPGRADES TO THE N3 FROM PARADISE Agriculture, VALLEY (N3 SECTION 1 KM17.5) TO KEY RIDGE (N3 SECTION 2 Forestry and KM2.8), INCLUDING PROVISION OF ACCESS FOR CONSTRUCTION Fisheries BELOW THE UMHLATUZANA VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & OUTER WEST), KWAZULU-NATAL This letter serves as a notice of receipt for the above document Noted received on 12 February 2020. Kindly note that this document will be processed within 30 days from the date of receival, provided that all requested information is submitted to the department timeously. Should any further information be required, please do not hesitate to contact this office. 3 14.02.2020 Ms Nerissa Pillay Thank you for your email. The Draft Basic Assessment and Appendices ACER provided Ms Pillay with the kml files as requested. Email - Ezemvelo KZN were received by our offices on 12th February 2020. Please can you Wildlife provide a shapefile and/or Google Earth kml of the proposed layout to my email, for further assessment. COMMENTS AND RESPONSES REPORT 2 – DRAFT BASIC ASSESSMENT REPORT BA2: PROPOSED CAPACITY UPGRADES TO THE N3 FROM PARADISE VALLEY (N3 SECTION 1 KM 17.5) TO KEY RIDGE (N3 SECTION 2 KM 2.8), INCLUDING PROVISION OF ACCESS FOR CONSTRUCTION BELOW THE UMHLATUZANA VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & OUTER WEST), KWAZULU-NATAL 2 Name and No Date Comment/Issue Raised Response Organisation 4 14.02.2020 Mr Sabelo Malaza ACKNOWLEDGEMENT OF RECEIPT OF THE NEW APPLICATI ON Email Department: FOR ENVIRONMENTAL AUTHORISATION (BASIC ASSESSMENT Environment, PROCESS) AND BASIC ASSESSMENT REPORT FOR THE Forestry and PROPOSED CAPACITY IMPROVEMENTS TO NATIONAL ROUTE 3 Fisheries (N3) WITHIN ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & OUTER WEST), KWAZULU-NATAL PROVINCE The Department confirms having received the Application for Noted. Environmental Authorisation and Draft Basic Assessment Report for the abovementioned project on 12 February 2020. You have submitted these documents to comply with the Environmental Impact Assessment {EIA} Regulations, 2014, as amended. Please take note of Regulation 40(3) of the EIA Regulations, 2014, as The Draft BAR was circulated for comment for a 30-day period amended, which states that potential Interested & Affected Parties, (12 February 2020 to 12 March 2020) and comments are including the Competent Authority, may be provided with an opportunity captured in this Comments and Responses Report. Please to comment on reports and plans contemplated in Regulation 40(1) of the refer to the BAR for a full record of the public participation EIA Regulations, 2014, as amended, prior to the submission of an process. application but must be provided an opportunity to comment on such reports once an application has been submitted to the Competent Authority. Note that in terms of Regulation 45 of the EIA Regulations, 2014, as Noted. (An extension is automatically in place due to the amended, this application will lapse if the applicant fails to meet any of COVID19 lockdown as per GNR 439 of 31 March 2020.) the time-frames prescribed in terms of these Regulations, unless an extension has been granted by the Department in terms of Regulation 3(7) of the EIA Regulations, 2014, as amended. You are hereby reminded of Section 24F of the National Environmental Noted. Management Act, Act No. 107 of 1998, as amended, that no activity may commence prior to an Environmental Authorisation being granted by the Department. Kindly quote the abovementioned reference number in any future Noted. correspondence in respect of the application. COMMENTS AND RESPONSES REPORT 2 – DRAFT BASIC ASSESSMENT REPORT BA2: PROPOSED CAPACITY UPGRADES TO THE N3 FROM PARADISE VALLEY (N3 SECTION 1 KM 17.5) TO KEY RIDGE (N3 SECTION 2 KM 2.8), INCLUDING PROVISION OF ACCESS FOR CONSTRUCTION BELOW THE UMHLATUZANA VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & OUTER WEST), KWAZULU-NATAL 3 Name and No Date Comment/Issue Raised Response Organisation 5 17.02.2020 Mr Shawn Kindly forward a hard copy to the address indicated below. ACER notified Mr Janneker that a hard copy had already been Email Janneker sent to the KZN Department of Economic Development, DEDTEA PMB Tourism and Environmental Affairs, 22 Dorothy Nyembe Environmental Street, Marine Building, 9th Floor, Durban, 4000 (for attention Management Ms Yugeshni Govender and Ms Natasha Brijlal). Inspector 6 17.02.2020 Ms Zarina Noor We have noted your message below, which was sent to the CEO of RCL ACER has amended the database in accordance with Ms Email Mahomed Foods. In future, please direct communications to: Noor’s request. Receipt of Ms Noor’s email was RCL Foods Legal [email protected]. acknowledged. Advisor Please acknowledge receipt of this mail at my email address. 7 19.02.2020 Mrs SO Msomi Mrs Msomi contacted ACER telephonically, saying she has not yet been ACER responded by email to Mrs Msomi as follows: Phone call Affected contacted re land acquisition. Landowner As per ACER’s email last year of 14 June 2019, your property is to be acquired. The land acquisition team are mindful of the urgency to resolve things with property owners who are understandably anxious to get facts and certainty so they can plan accordingly. However, delays have been incurred because, amongst other issues, this project deals not only with the national road but also provincial and municipal roads. Unfortunately, SANRAL’s land acquisition team are only able to contact you formally when the necessary procedures / processes/ diagrams / agreements are in place with all the relevant authorities. Thank you for your patience. 8 19.02.2020 Ms Thandeka Application no: DPM/EIA 873 SANRAL has been in robust discussions with the eThekwini Email Zondo Strategic Infrastructure Project (SIP2) Transport Authority (ETA) from early on in the project. The eThekwini Draft Basic Assessment Report for Proposed Capacity Upgrades to the ETA representatives that SANRAL have dealt with are Mr. Transport existing N3 from Paradise Valley to Key Ridge Revash Dooki and Mr. Eugene Naidoo, amongst others. Note Authority that correspondence from ETA (forwarded to Mrs Zondo)
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