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

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.

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.

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) eThekwini Transport Authority requires the Traffic Report (TIA) that was include ETA’s confirmation of the traffic analysis and prepared for the proposed capacity upgrades to be submitted in order for SANRAL’s response to ETA. SANRAL is, however, addressing the application to be assessed further. certain layout considerations with ETA, following discussions in December 2019. SANRAL has formally submitted responses to ETA and a meeting was held with ETA on 10 June 2020. It was agreed that outstanding information (including the TIA)

4 Name and No Date Comment/Issue Raised Response Organisation would be submitted to ETA on 22 June 2020 and ETA would provide feedback within 2 weeks thereof.

9 21.02.2020 Mr AF Logan I have had time to read the Basic Assessment 2 which we received via ACER emailed a response to Mr Logan as follows: Email Affected Ashley Sports Club, Pinetown. Thank you for your enquiry, which we have followed up with Landowner Please, are you in a position to help me understand what is to happen to the engineers and the land acquisition team. They have me regarding my property. indicated that your whole property will need to be acquired. • I have viewed the area to be acquired as shown in an Amber They are mindful of the urgency to resolve things with property colour and it shows the verge/road of Richmond Rd this is the owners who are understandably anxious to get facts and diagram on page 130 in other words Corner of Richmond and certainty so they can plan accordingly. However, delays have Mariannhill roads. been incurred because, amongst other issues, this project • In the same document and on the opp page of 28 is “List of all deals not only with the national road but also provincial and affected properties” shaded in a Blue colour is my ERF No 477 municipal roads. Unfortunately, they are only able to contact Ptn 6 in Ashley. you formally when the necessary procedures / processes/ So, please can you clarify this for me. Is the Amber colour to be acquired diagrams / agreements are in place with all the relevant OR is it the complete House and Land to be acquisitioned - namely ERF authorities. Thank you for your patience. no 477 Ptn 6- in other words 54 Richmond Rd, shown as No 59 in the Blue colour ‘New properties identified’?

Responding Email Thank you very much for clearing up this issue. 10 21.02.2020 Ms Christine Please assist the team with your full application. ACER has copied the engineers involved in the route so they Email Govender can deal directly with Dark Fibre with respect to wayleaves. Dark Fibre Africa 11 21.02.2020 Mrs Witness Z I got your email address from one of my colleagues. I would like to get ACER confirmed with Mrs Mhlongo that a small portion of her Email Mhlongo information regarding the impact of the planned construction on my property along the boundary with Mariannhill Road will be Private property. I have attached a copy of the municipality bill for address affected. It is highly unlikely that SANRAL will require the Landowner details. (Portion 5 of ERF 477 Ashley). whole property.

I will really appreciate the information on whether I will also need to move ACER is, however, not involved with the land acquisition or not. process and SANRAL’s evaluators will contact affected property owners directly to discuss details and negotiate compensation. There have been some delays in this regard because the project involves not only the N3 (national road) but also provincial and municipal roads.

5 Name and No Date Comment/Issue Raised Response Organisation

Thus, all the required procedures and agreements have to be followed between national, provincial and municipal authorities before the land acquisition team can begin engagement with the property owners.

We trust this is of some assistance in the meantime and expect that Mrs Mhlongo will be contacted by the land acquisition team as soon as they have the necessary preparatory work complete. 12 24.02.2020 Ms Mamzile R Mrs Biyela called enquiring about her property and to say that she had ACER provided confirmation from the design engineer that Mrs Email Biyela - Private still not been contacted by SANRAL’s land acquisition team. Msomi’s property is not affected and indicated to Mrs Msomi Landowner that although ACER is running the environmental process, SANRAL deals directly with the property owners if there is any property acquisition involved. 13 05.03.2020 Mr Yogesh Thank you for the emails, regarding the proposed upgrades of the N3. ACER has deleted Guilder Investments 10 details from the Email Naidoo - Guilder We are no longer involved in the property owned by Guilder Investments projects database and added those of the Land Bank of South Investments 10 10 (Pty) Ltd. The properties were sold off by Land Bank of South Africa. Africa. (Pty) Ltd 14 06.03.2020 Mr David Rogers Thank you for the reminder. Two issues: Email Animal Anti- Cruelty League Please update your records to reflect that Judi Gibson has retired and ACER has updated the database accordingly. emigrated to Australia and that I have taken over as General Manager of the AACL Durban & Pietermaritzburg Branch, with effect from January 2019.

Secondly, is there a web site or other point of information where the Project information is available on the ACER website: potential impact of this project has been laid out for people to view and www.acerafrica.co.za under ‘Current Projects’, Proposed N2 comment on? I could not possibly provide any feedback while not and N3 Capacity Upgrades – Batch 1 Projects. understanding anything about the actual work to be undertaken.

I look forward to hearing from you.

6 Name and No Date Comment/Issue Raised Response Organisation Comment Sheet Support – the need for the upgrade, N3 very congested on certain Note that SANRAL, through its appointed Environmental sections. Request that all environmental procedures are followed and fall Assessment Practitioner (EAP), is following the requirements in line with legislation. and procedures of the EIA Regulations and other relevant environmental legislation (refer to chapter 4 of the BAR).

All construction sites are properly rehabilitated at the end of the project Rehabilitation and the protection of local indigenous flora and and all possible steps are taken to protect local indigenous flora and fauna are a high priority and reflected in the suite of EMPr fauna. documents (refer to Appendix F of the BAR). 15 06.03.2020 Ms K Snyman – Please see letter sent 23/10/2019, to date we have had no After the meeting held with Mr Eastwood and other property Email Mr Eastwood correspondence. owners affected by access through the GIBA area, SMEC (Earthmoving presented their concerns to SANRAL, who discussed it at a Plant & Transport) meeting during late 2019. SANRAL has indicated that the matter is still under investigation as the township conditions of establishment must be reviewed to determine the formal status of access This will enable SANRAL to determine the extent of its responsibility for the construction and maintenance of the haul road during the construction period and more importantly, to confirm the transfer of the haul road and associated maintenance responsibilities post construction to the rightful owner.

16 07.03.2020 Mrs Margot L The property I own is 131 Entabeni Road, Sarnia (Portion 1 of ERF 231 Mrs Thornton’s property falls under the N3 section dealt with Email Thornton of Pinetown EXT 6). as part of Basic Assessment 1 (N3 EB Cloete to Paradise Private Valley), which has already received environmental Landowner My concern is that with all the heavy earthmoving equipment that will be authorisation. ACER is, thus, no longer directly involved with employed during the proposed upgrade, there will be a great risk of this particular project. However, SANRAL has indicated that if subsidence (our house is on the hill and extremely close to the N3 /M13 adjacent properties impacted by the N3 upgrade result in a convergence). requirement for retaining walls, utmost care will be taken during the construction phase for temporary works, to ensure I do not wish to assume anything so would appreciate confirmation that that the construction work being undertaken will be safe. the necessary retaining wall will form part of the construction process in During the construction phase, if any of the construction work order to prevent any damage to the foundation and structure of the home. (whether temporary or permanent) will have an impact on adjacent properties, thorough investigation and inspection will be undertaken.

7 Name and No Date Comment/Issue Raised Response Organisation 17 08.03.2020 Dr Michael Leech ENVIRONMENTAL NOISE AND OTHER MATTERS Email Private We must realise that SANRAL and the Department of Transport have Route improvement, maintenance and space provision Landowner/I&AP failed to protect. improve, and maintain this route and make enough The aim of the current upgrades is to maintain and Lead Researcher space provision. This failure is impacting on my rights and those of my improve/upgrade the N3. Where properties are impacted by neighbours as laid down in Section 24 of the South African Constitution to the upgrade, negotiations with the land owners regarding the an environment which is not harmful to my health and well-being. acquisition of their properties (part or in full) takes place.

At present, the decibel reading taken in this area and exhaust pollution are so high they are diminishing me and my family's ability to have good health and a quality of life and enjoy my property. This I am convinced also applies to all residents along this route. Noise and pollution This noise is also impacting the educational institutions close by where The comments relating to noise and pollution are noted. The our children are being educated. current and anticipated noise levels and the impacts thereof are discussed in several sections of the Basic Assessment Measurements taken at select positions along this route show that Report as well as in the Noise Specialist Study (Appendix D). insufficient space has been allowed for the addition of another traffic lane Please refer to Table 14 for summaries of responses to the as well as the required noise abatement screens/plantings on both sides issues raised regarding noise during construction and to acceptable international standards. operation, and regarding potential pollution. Noise mitigation measures have been proposed to reduce the impacts of noise There is food being grown in the area of Richmond Rd which is affected during construction, on those receptors residing/working near by this pollution at present and will be further affected should the road be the source of the noise. widened. During operation, noise levels will increase due to an SANRAL has also not attempted to reduce this environmental noise and increased number of vehicles using the N3. SANRAL is unable pollution by either applying noise reducing asphalt, vegetative noise to provide sufficient additional space for vegetative buffers to barriers or man-made noise barriers in the interim. act as adequate noise buffers, because there is insufficient space available in this built up area. It is an unfortunate reality that noise levels next to the national road are high and, What makes you think they will protect you your family and your property therefore, adjacent properties are not ideal for residential by erecting these barriers when they have failed to do so up to now? It is purposes. SANRAL has considered reducing noise levels expected SANRAL will make more noise during construction and even through the type of road surfacing used and other measures fail to retain these barriers after construction when the noise level is such as walls, where feasible and if necessary. expected to increase. This must be seen in the light of the fact that some of these bordering properties are lower than the road level.

8 Name and No Date Comment/Issue Raised Response Organisation Proposed mitigation measures in the EMPr for noise reduction will become a condition of environmental authorisation and, thus, SANRAL will be obliged to implement them. This does not, however, mean that it will be possible to reduce noise to a level below what is currently experienced.

WATER USE Water Use It is not clear what the water taken from the river is to be used for in this Raw water from nearby rivers will be used in road construction project. This aspect is very concerning as previous eThekwini reports on for dust control and in the mixing of materials, should sufficient the state {out of print) of the rivers show a high level of pollution. This quantity be available and provided the water quality is suitable must be taken note of as the use of polluted water carries its own risks for this purpose. Testing will be done prior to use. Should the and should not be used without proper treatment and should not be used water not be of a suitable quality, municipal water will be used. where it could pollute the ground water. The state of this polluted water and related pH/chemical content will also have an adverse effect on transplanted plant material, therefore, municipal water must be provided for this purpose. Vegetation VEGETATI ON Alien plant control will be implemented in accordance with The vegetation report also lacked the important care that must be taken SANRAL’s Alien Plant Guidelines and Policy. This includes with the handling of noxious weed material and the removal of seed removal of weeds before the flowering stage. heads and fruit prior to clearing. Podocarpus species near Richmond Road are mentioned What is concerning about this report is the fact that the removal of because they are protected under the National Forests Act Podocarpus specimens are recommended based on the fact they must (1998) and a licence will be required from DAFF if have been planted. No mention is made of replacing them and other construction/operation impact on them. New specimens should trees/shrubs in this report. be planted to replace any that are removed, as part of rehabilitation of the area after construction. 18 09.03.2020 Ms Chandra Please note that the documents have been on display but to date there ACER appreciates the assistance of the librarians with lodging Email Naidoo have been no responses. of the Basic Assessment Reports for public review. Senior Librarian Pinetown Public Library 19 10.03.2020 Ms Vishali Luchai There is so much air pollution - can you not investigate the use of rail? For information on rail as an alternative, please refer to Section Email Private The ‘Go-Durban’ bus route has not been successful in Durban. Perhaps 4.1 of the Basic Assessment Report. Landowner you should re-consider your plans to extend the Richmond Road to

9 Name and No Date Comment/Issue Raised Response Organisation accommodate ‘Go-Durban’ and waste taxpayers’ money. SANRAL’s mandate is to maintain the national road and this requires work on district or provincial roads where they intersect with the national road. SANRAL is obliged to accommodate existing and planned infrastructure (which includes the Go Durban bus route along Richmond Road) but does not have jurisdiction over the Go Durban project. Extensive discussions have taken place with ETA regarding the incorporation of the Go Durban BRT route on Richmond Road. 20 10.03.2020 Ms Sibongile O Kindly note that I, Ms Sibongile Msomi, would like to comment about N3 It is recognised that the enforced loss of one’s home has Email Msomi (BA2) as per email received on 5 March 2020. My concern is about numerous and far reaching negative impacts, emotionally, Affected putting the family first, as I am a divorcee I tried by all means to keep this logistically and financially. SANRAL’s policy is to minimise the Landowner home for my loved ones. As a family we are happy to have this property acquisition of land and, particularly, the need for residents to as our home, we moved on to this property in 1996 and we are still relocate to new premises. SANRAL does, however, have to enjoying the benefits as residents. design to international safety standards and unfortunately, it is Some of the benefits are stipulated below: not always possible to avoid acquiring adjacent land to accommodate the required design. 1. Education and health services are nearby. 2. It is located 2 km from town. Where land is to be acquired to accommodate widening, 3. No low cost houses around the area. SANRAL negotiates with each landowner as part of land 4. Public transport is easily accessible. acquisition and considers their individual circumstances and 5. It is a quiet and safe area as there is a neighbourhood watch which potential financial losses caused by expropriation. SANRAL assists in crime decreases. will compensate landowners at fair market value for the land 6. There is also fibre which assist on easy internet access. they purchase and may compensate for financial losses in line with applicable legislation, viz. The Constitution, Section 25 (3) There are many other benefits I can mention. As the property value and the Expropriation Act. increases every year, we were hoping that it would be a lifetime investment for the family and generations to come.

21 10.03.2020 Mr W Horsfield & Our properties 8 and 6 Cliffdale road border onto the M13: N3 close to Email Mr W Farrer the Cliffdale road bridge. The design engineers have confirmed that while they are still Private finalizing the exact configuration of the M13 ramp tie in, they Landowners We planted an avenue of indigenous trees along the ridge of the bank plan for the final design to not affect the trees. that extends from our property northern boundaries down towards the

10 Name and No Date Comment/Issue Raised Response Organisation southern side of the M13 west as it glides onto and joins the N3 West. Our primary concern was that this avenue of trees may be damaged. We were reassured the trees were far away enough to be safe from any interference due to the roadworks.

We would be grateful if this would be listed on agenda items on our behalf.

Email: 11.03.2020 Thank you everybody. This is great news, both from an environmental preservation point of view and especially because we planted and maintain that avenue of trees as our contribution towards upliftment of the area and the carbon footprint buffer sponge on the motorway boundary

22 11.03.2020 Mr Sabelo Malaza COMMENTS ON THE DRAFT BASIC ASSESSMENT REPORT FOR Email Department of THE PROPOSED CAPACITY IMPROVEMENTS TO THE NATIONAL Environment, ROUTE 3 (N3) FROM PARADISE VALLEY TO KEY RIDGE, Forestry & INCLUDING PROVISION OF ACCESS FOR CONSTRUCTION BELOW Fisheries UMHLATUZANA VIADUCT WITHIN ETHEKWINI METROPOLITAN (INNER & OUTER WEST) MUNICIPALITY, KWAZULU·NATAL PROVINCE

The draft Basic Assessment Report (BAR) dated December 2019 and received by this Department on 12 February 2020 refers.

This letter serves to inform you that the following information must be included in the final BAR:

Listed Activities Listed activities • Please ensure that all relevant listed activities are applied for, Noted. Table 6 of the Basic Assessment Report includes a are specific and that it can be linked to the development activity column describing the project activity that may trigger the listed or infrastructure as described in the project description. activity and co-ordinates are provided where possible. Project • If the activities applied for in the application form differ from activities are outlined in Chapter 3 and impacts are described those mentioned in the final BAR, an amended application form and assessed in Chapters 8 and 9, with a summary provided in must be submitted. Please note that the Department's Chapter 10.

11 Name and No Date Comment/Issue Raised Response Organisation application form template has been amended and can be downloaded from the following link https://www.environmentgov.za/documents/forms. • The EAP must ensure that the project description clearly outlines all activities as part of the proposed upgrade and that the impacts of the proposed upgrade are clearly indicated and assessed in the final BAR.

Public Participation Process Public Participation Process • Please ensure that all issues raised, and comments received • All relevant issues raised are dealt with in the BAR. during the circulation of the draft BAR from registered I&APs and Refer to Section 6.4 and the Comments & Responses organs of state which have jurisdiction (including this Reports in Appendix E. Department's Biodiversity Section) in respect of the proposed activity are adequately addressed in the final BAR. • Proof of correspondence with the various stakeholders must be • Proof of correspondence is provided in Appendix E. included in the final BAR. Should you be unable to obtain comments, proof should be submitted to the Department of the attempts that were made to obtain comments. • The Public Participation Process must be conducted in terms of • Noted. Refer to Table 2 of the BAR. Regulations 39, 40, 41, 42, 43 & 44 of the EIA Regulations 2014, as amended.

Environmental Management Programme Environmental Management Programme The EMPr must include the following: • The EMPr includes all relevant recommendations and • All recommendations and mitigation measures recorded in the mitigation measures recorded in the final BAR and final BAR and the specialist studies conducted. the specialist studies conducted. • An environmental sensitivity map indicating environmental • Relevant areas of environmental sensitivity are sensitive areas and features identified during the assessment mapped and included in the EMPr Appendices, in process. particular, the sensitive vegetation and • Measures to protect hydrological features such as streams, wetland/riparian rehabilitation plans. Refer to rivers, pans, wetlands, dams and their catchments, and other Appendix F of the BAR. environmental sensitive areas from construction impacts • Refer to Appendix F of the BAR, in particular the including the direct or indirect spillage of pollutants. sensitive vegetation and wetland/riparian rehabilitation plans.

12 Name and No Date Comment/Issue Raised Response Organisation General General The EAP is requested to contact the Department to make the necessary The EAP has contacted the Department regarding a site arrangements to conduct a site inspection prior to the submission of the inspection prior to the submission of the final BAR and final BAR. requested that this be co-ordinated with other departments from DEA (Biodiversity and Protected Areas) should they also wish to attend this site visit.

You are further reminded to comply with Regulation 19(1)(a) of the NEMA Compliance requirements in accordance with Regulation EIA Regulations, 2014, as amended, which states that: "Where basic 19(1)(a) of the NEMA EIA Regulations, 2014, as amended, are assessment must be applied to an application, the applicant must, within noted. (Note that timeframes are currently affected due to the 90 days of receipt of the application by the competent authority, submit to Covid 19 lockdown as per GNR 439 of 31 March 2020). the competent authority - (a) a basic assessment report, inclusive of specialist reports, an EMPr, and where applicable a closure plan, which have been subjected to a public participation process of at least 30 days and which reflects the incorporation of comments received, including any comments of the competent authority."

Should there be significant changes or new information that has been added to the BAR or EMPr which changes or information was not contained in the reports or plans consulted on during the initial public participation process, you are required to comply with Regulation 19(b) of the NEMA EIA Regulations, 2014, as amended, which states: "the applicant must, within 90 days of receipt of the application by the competent authority, submit to the competent authority - (b) a notification in writing that the basic assessment report, inclusive of specialist reports an EMPr, and where applicable, a closure plan, will be submitted within 140 days of receipt of the application by the competent authority, as significant changes have been made or significant new information has been added to the basic assessment report or EMPr or, where applicable, a closure plan, which changes or information was not contained in the reports or plans consulted on during the initial public participation process contemplated in sub regulation (1)(a) and that the revised reports or, EMPr or, where applicable, a closure plan will be subjected to another public

13 Name and No Date Comment/Issue Raised Response Organisation participation process of at least 30 days".

Should you fail to meet any of the timeframes stipulated in Regulation 19 of the NEMA EIA Regulations,2014, as amended, your application will lapse.

You are hereby reminded of Section 24F of the National Environmental Management Act, Act No. 107 of 1998, as amended, that no activity may commence prior to an Environmental Authorisation being granted by the Department. 23 12.03.2020 Mr & Mrs Rodney Questions we wish to know about the proposed interchange that will Email Hilligan affect our home. Private Landowners 1. Please give us some indication of timelines associated with 1. As indicated in Chapter 3 of the BAR, the estimated implementation of this project and more particularly the portion timeframes are as follows: that directly affects us. Upgrade of N3 (8.52 km) from Paradise Valley (N3 Section 1, km 17.50) to N3 Mariannhill Toll Plaza (N3 Section 1, km 26.02) (approx. 8.52 km) The construction works for this section will be divided into two phases. Phase one will include the upgrade of the N3 between Farningham Interchange and Richmond Road Interchange and will also include the upgrade of the interchanges and relevant crossroads, i.e. M7 and M1. Phase two (future works) will include the upgrade of the N3 from Paradise Valley to Farningham Interchange and Richmond Road Interchange to Mariannhill Toll Plaza.

The estimated construction period for phase 1 (N3 between Farningham Interchange and Richmond Road Interchange, including the Farningham and Richmond Road Interchanges is 42 months beginning towards the 3rd quarter of 2021.

The estimated construction commencement for phase 2 (upgrade of the N3 from Paradise Valley to Farningham

14 Name and No Date Comment/Issue Raised Response Organisation Interchange and Richmond Road Interchange to Mariannhill Toll Plaza) is anticipated in 2032.

Upgrade of N3 Section 1 from Mariannhill Toll Plaza (N3 Section 1, km 26.2) to Key Ridge (N3 Section 2, km 2.8) – approx. 11 km The estimated construction period for this section of the N3 is 60 months and is anticipated to commence in the 3rd quarter of 2021.

2. What notice period would we be given for imminent 2. SANRAL releases a media statement once the implementation? Contractor is appointed. Thereafter, there is a project communication plan which provides for communication with interested and affected parties during the construction phase of the project.

3. In terms of the valuation of the property, the supporting 3. “Fair Market valuation” is based on current sales in documents make reference to “Fair market valuation”. Who the area where the property is located. Professional determines this valuation? Is it based on the municipal valuers are involved in this process valuation? 4. While the value refers to the value of the buildings, etc. will an 4. During the land acquisition negotiations, allowance be made for plants that have value and may have to compensation relating to the individual situations of be moved, and if so, who will move the plants? the property owners are discussed and negotiated.

5. Our bond is paid up but never cancelled. In the expropriation 5. This matter must be discussed as part of the land process, would SANRAL pay for the cancellation of the bond acquisition negotiations. and transfer costs, given that we would not have incurred these costs but for the expropriation? 24 13.03.2020 Mr Stanley COMMENTS ON THE DRAFT BASIC ASSESSMENT FOR THE Email Tshltwamulomoni PROPOSED N3 ROAD UPGRADES BETWEEN DURBAN AND Control CEDARA KWAZULU-NATAL PROVINCE Biodiversity The Directorate: Biodiversity Conservation reviewed and evaluated the Officer Grade B: aforementioned report and its specialist studies. The following must be Biodiversity considered during the final Basic Assessment phase: Conservation

15 Name and No Date Comment/Issue Raised Response Organisation Department of i. A permit must be obtained from relevant National or i. This legal requirement is included in the relevant Environmental Provincial Authorities prior to any protected plant species sections of the BAR and EMPr. Refer to Section Affairs being removed or damaged. 4.1 of the EMPr, Appendix A. ii. An alien and invasive plant management plan must be ii. The control of alien plants is an integral part of developed to control and reduce the establishment and environmental management and specified in the spread of alien plant species within the development EMPr. Refer to Section 6 of EMPr, Appendix A. footprint. iii. A rehabilitation plan that guides planting and seeding with iii. Refer to the EMPr, Appendix A. indigenous plants must be developed. iv. The final walk through with an Ecological Specialist must be iv. Plant Search and Rescue will be undertaken. undertaken in order to avoid impacting on species of Refer to Section 4 of the EMPr, Appendix A. conservation concern. v. Strict buffers must be established around all open water v. This is a specification in the Project Specific EMPr bodies, riparian and wetland vegetation and riparian banks. (Section 5a). vi. Widening of the N3 along the northern edge must be vi. This was a recommendation arising from the avoided. It should rather occur in the median and along the specialist vegetation investigations for the Giba southern edge (north bound carriageway) of the highway. area specifically, and the design engineers have taken this into account in their design. It is not something that can be applied along the entire section of the N3 (and this is not recommended in the specialist study report).

The overall biodiversity objective is to minimise loss to biodiversity as Noted. far as possible. In order to achieve this objective, the above mentioned recommendations must be adhered to. 25 17.03.2020 Ms N Sontangane DRAFT BASIC ASSESSMENT REPORT 2 (DBAR) COMMENTS FOR Email Department of THE PROPOSED CAPACITY UPGRADES TO THE N3 FROM Agriculture PARADISE VALLEY (N3 SECTION 1, KM 17.5) TO KEY RIDGE (N3 Forestry and SECTION 2, KM 2.8), INCLUDING PROVISION OF ACCESS FOR Fisheries CONSTRUCTION BELOW UMHLATHUZANA VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER WEST), KWAZULU-NATAL

The Department of Agriculture, Forestry and Fisheries (DAFF) DAFF’s general outline of the project in the context of its appreciates the opportunity given to review and comment on the DBAR mandate and purpose of the Act are noted. Responses to for the above-mentioned development. DAFF through the sub-directorate specific items are provided below.

16 Name and No Date Comment/Issue Raised Response Organisation Forestry Regulations and Support is the authority mandated to implement and administer the National Forests Act, (Act No. 84 of 1998) as amended, by regulating the use of natural forests1 and protected tree species in terms of the said Act. The purpose of the Act is to promote sustainable forest management and the development of forests for the benefit of all.

1 1 "Natural forest" means a group of indigenous trees- (a) whose crowns are largely contiguous; or (b) which have been declared by the Minister to be a natural forest under section 7(2); (xxviii)

With reference to the above-mentioned document received on 12 February 2020, the developer proposes to upgrade existing sections of the N3 national road between the Paradise Valley interchange and the Key Ridge interchange within the eThekwini Municipality, KwaZulu Natal. There are various vegetation types which are found within the development footprint, namely, the Eastern Scarp Forest, transitional forest and woodland, grassland, KwaZulu-Natal Sandstone Sourveld, as well as Coastal Forest. The majorityy of the site is currently transformed due to anthropogenic activities such as infrastructure (roads) and industries. However, there are remnants of indigenous forests as well as protected tree species (Podocarpus henkelii and Sclerocarya birrea subsp. caffra) in terms of the NFA, occurring along/within the road reserve and adjacent areas. Although the upgrade will be restricted to the road reserve, in some sections, the road reserve may need to be extended into existing forests due to the currently existing road reserve being fully utilized.

Natural forests are protected in terms of NFA provisions. Such as, Section 3(3)(a) of the NFA states that: natural forests must not be destroyed save in exceptional circumstances where, in the opinion of the Minister, a proposed new land use is preferable in terms of its

17 Name and No Date Comment/Issue Raised Response Organisation economic, social or environmental benefits. The term "exceptional circumstance" indicates situations that are unusual or rare. In this case it refers to capital projects of national and provincial strategic importance. Where forests are affected by such projects, it must first be proven beyond doubt that these are in the strategic national or provincial interest, and secondly that no feasible alternative is available. If unavoidable, an off-set agreement must be reached to compensate for the loss, and all feasible mitigation measures must be taken to minimize the impact (Policy Principles and Guidelines for Control of Development Affecting Natural Forests). In addition, KZN Northern Coastal Forest are endangered therefore, listed as a threatened ecosystem while Eastern Scarp Forests and Riverine forests are categorized as vulnerable therefore, listed as protected ecosystems in terms of NEMBA.

The proposed upgrade will have a significant negative impact on With mitigation, the significance of impacts on sensitive sensitive vegetation including the various types of natural forests. vegetation will be medium. The access road to the viaduct South African Coastal and indigenous forests are decreasing at a will be decommissioned and the disturbed areas will be rapid rate, the isolated nature as well the natural fragmentation of rehabilitated back to forest vegetation when construction is these forests make them vulnerable to anthropogenic pressure and completed. thus the conservation of these biomes is of great importance.

The majority of the natural forest destruction will occur within the uMhlatuzana River as a result of the access road and the actual viaduct. A significant portion of the coastal and scarp forest will be heavily disturbed due to the upgrade. Should the development be approved, DAFF recommends that the conditions stipulated below should strictly be adhered to and incorporated in the Environmental Management Plan as well as the Environmental Authorization:

a) The disturbance of the natural forests should be restricted to a) Noted. Refer to Section 5(a) of the Project Specific the development footprint and working area. EMPr which deals with site access and working areas, and Section 5(l) which deals with vegetation clearance.

18 Name and No Date Comment/Issue Raised Response Organisation b) All the forested areas that do not form part of the development b) Noted. Refer to Section 5(l) of the Project Specific footprint as well as the working area and do not interfere with EMPr which deals with vegetation clearance. the normal functioning of the road must be avoided and retained even if they form part of the road reserve. c) All disturbed areas that are no longer in use should be c) Noted. Refer to Section 6(a) of the Project Specific rehabilitated using indigenous trees which are endemic to the EMPr which deals with site rehabilitation of sensitive area. Rehabilitation should be conducted in a progressive areas. Rehabilitation will be done with indigenous manner (i.e. once construction in an area has been vegetation species that are suited/allowed in completed the area must be rehabilitated). SANRAL’s road reserve. d) The rehabilitation of the area with indigenous vegetation d) Progressive reinstatement is recommended in the must coincide with suitable weather events and all alien EMPr; however, it is not possible to hold the invasive vegetation shall be removed. contractor to rehabilitation that coincides with rainfall events, as this may not fit in with the construction program. e) Within and in proximity to riparian areas, successful re- e) Refer to Appendix B of the Project Specific EMPr for vegetation is crucial to stabilize soil and limit infestation by specifications regarding rehabilitation of wetland and alien invasive plant species. riparian areas. f) Construction sites and any temporary access roads should be f) Rehabilitation of construction sites and any temporary successfully rehabilitated to their preconstruction state or access roads is a standard requirement of the EMPr. better as soon as the construction activities and planning Disturbed areas (within the road reserve, as far as allow. Furthermore, clearing of natural forests for construction possible) will be selected for construction camp site camp sites is not permitted. and stockpile areas to avoid/minimise clearing of existing indigenous vegetation. g) Indigenous vegetation must be rescued as much as possible g) Plant rescue and relocation measures are specified in and all transplantable trees ought to be transplanted to a Appendices A and B of the Project Specific EMPr. suitable location. The vegetation rescue including transplanting during site establishment must be re-established under the guidance of qualified personnel. h) Existing tracks should be utilized as much as possible to h) The viaduct access road follows old existing tracks minimize destruction of indigenous vegetation/forests. which were previously disturbed (albeit some decades ago). The route was selected so as to avoid disturbance of greenfields sites. i) The forested areas that will be impacted upon should be i) It is not possible to quantify the area of all the quantified in terms of hectares as well as the species that will indigenous vegetation that occurs along the route directly be impacted upon. because there is a lot of thicket which is largely

19 Name and No Date Comment/Issue Raised Response Organisation comprised of alien species or a mix of alien species. When applications for tree removal permits are made to the Department, areas (construction footprints) will be specified as far as possible. j) Progress of vegetation establishment must be monitored j) Monitoring forms part of the environmental regularly. If sites show slow recovery further investigations management requirements and is specified in the may be required to ensure site recovery and integrity as well EMPr. The contractor’s ECO and/or SANRAL’s as physical stability of riparian areas. project manager will be responsible for recommending the required actions to take, should rehabilitation not proceed effectively. k) Prior to the commencement of any activities that will result k) Where construction/operation may impact on natural in the disturbance of any natural forest and/or protected tree forests or individual trees protected in terms of the species in terms of the NFA, a tree licence application must National Forests Act, 1998, an application will be be submitted to the DAFF office in Pietermaritzburg for submitted to the Department of Environment, Forestry reviewing and processing. and Fisheries. Refer to Section 3(d) of the Project Specific EMPr which deals with environmental authorisations and permits.

Should any further information be required, please do not hesitate to Noted. contact this office. This letter does not exempt you from considering other legislation. 26 23 03 2020 Nomalungelo The City does not have any objections regarding the road widening of the ACER followed up on Ms Moroka’s email to clarify the meaning Moroka National Highway N2/N3. The informal settlements which emerged on the and to request mapping to confirm which settlements were Principal Project road reserve earmarked for road widening by SANRAL. Proper measures being referred to. Ms Moroka subsequently provided the Officer for relocating the informal settlements that are affected: requested data. On this section of the N3, there is a small eThekwini  Proper planning in place which entails a relocation plan which informal settlement named “Paradise Valley” located on the Municipality: includes community engagement. south side of the N3 near the Blood Bank and near the start of Human  Proper stakeholder engagement to execute the relocation plan. V3’s contract (Paradise Valley to Mariannhill). No relocation of Settlements Unit  Act No 19 of 1998 Prevention of Illegal Eviction from and this settlement will be required as no additional land is required Informal Unlawful Occupation of Land needs to be adhered to as it - retaining walls will be used to minimise impacts on adjacent Settlements protects the rights of the illegal occupants. The City will assist in land. The existing road reserve is wide in this section and the Programme this regard in ensuring that milestones are accomplished. new design falls well within the existing road reserve  SANRAL needs to be mindful that there are financial boundary. implications and reasonable times must be allowed when relocating the affected structures. SANRAL will be involved only with settlement within its own

20 Name and No Date Comment/Issue Raised Response Organisation road reserve. Should any removal of informal dwellings from the road reserve and possible resettlement of informal settlers be required, the process will be dealt with jointly by SANRAL and the Human Settlements Department at eThekwini in accordance with the correct channels and procedures. 27 24 03 2020 Ms N Zuma DPM/EIA 873: PROPOSED CAPACITY UPGRADES TO THE N3 FROM PARADISE VALLEY (N3 SECTION 1, KM 8.5) TO KEV eThekwini RIDGE (N3 SECTION 2, KM 2.8), INCLUDING PROVISION OF Development ACCESS FOR CONSTRUCTION BELOW THE UMHLATUZANA Planning, VIADUCT, ETHEKWINI METROPOLITAN MUNICIPALITY (INNER & Environment & OUTER WEST), KWAZULU-NATAL Management Unit With reference to the abovementioned Draft Basic Assessment ACER thanks the eThekwini Development Planning, Report please be advised that various Municipal Departments Environment and Management Unit for submitting co-ordinated Environmental have had sight of the proposal and the following comments are comments from various Municipal Departments. Planning and submitted for your attention. Climate Protection 1. eThekwini Electricity Department

No comments. Noted. 2. Environmental Planning and Climate Protection Department (EPCPD)

This Department has reviewed the draft Basic Assessment Report (dBAR) and specialist studies for the above project and presents the following comment:

General Comment General Comment • This Department notes the strategic nature of this project and Noted. acknowledges that a construction exercise of this scale will invariably result in negative environmental impacts that cannot be avoided. • Similarly, the transformed and degraded nature of the receiving Noted. environment for much of the planned route is also acknowledged. • Given the above, this Department is satisfied in principle with the Noted.

21 Name and No Date Comment/Issue Raised Response Organisation steps presented to limit and avoid impacts to the majority of the receiving environment. The mitigation steps outlined in the dBAR, together with the specific recommendations made in the various specialist reports and appendices of the EMPr must be implemented and monitored in full.

Richmond Rd/Ml Upgrades Richmond Rd/Ml Upgrades

Notwithstanding the above comment, a number of specific areas along the route will require additional attention with regards to mitigation and rehabilitation. These areas include: a) Species rescue must be carried out across all identified areas of a) Noted. Plant rescue will precede clearance for sensitive grassland. At each point, plants of conservation value construction. Refer to Appendix A of the EMPr, which must be correctly removed and either transplanted or maintained outlines plant rescue and rehabilitation for sensitive in a suitable nursery for reintroduction post construction. areas, including a patch of grassland on the corner of the M1 and Abbot Francis Road (Figure 4b). b) All necessary permits must be obtained for the rescue activities. b) Noted. Refer to Section 3 of the Project Specific EMPr (Environmental Authorisations and Permits).

c) All rescue activities must be carried out by a suitably qualified c) Noted. Refer to Section 4b of the Project Specific professional. EMPr which states that is the contractor’s responsibility to ensure that plant rescue is undertaken under the direction of an ecologist/botanist prior to construction.

Umhlatuzana Viaduct Umhlatuzana Viaduct The construction of the viaduct across the Umhlatuzana River and the creation of a suitable access road are considered by this Department to be the most significant impacts requiring mitigation associated with this project. Following review of the assessments and reports prepared, the following comments have relevance: a) Significantly more detail is required around the proposed access a) Please refer to Chapter 3, Section 3.1.2.2. Additional road - particularly the final 2.8 km section along the old access detail has been provided on the three different areas track. During the initial engagement around this access and its impacted by the viaduct access, viz. (1) the section of potential to be used for this project, the EPCPD were very specific existing district road from Giba Business Park to the

22 Name and No Date Comment/Issue Raised Response Organisation about the degree to which this road should be upgraded. The dBAR turnoff onto the old track; (2) the section along the old refers to the need to create a track of 8 m in width. While this will have track that ends at the viaduct; and (3) the area beneath a limited impact on the section of road through the Giba Business and adjacent to the N3 uMhlatuzana Viaduct. Figures are Park, such a track will significantly impact on the natural vegetation provided indicating the different widths involved and the adjacent to the old track. It is noted that the EMPr refers to one- working footprints where vegetation will be cleared. To way use of this portion of the access, however more detail as to clarify, the figure of 8 m was misleading, as widths differ exactly how wide this track will be and how much vegetation will along different parts of the track (between 6 and 7 m). need to be cleared must be provided before this Department can Also, the final section on old track is 1.2 km and the support the final proposal. section of district road is 1.6 km (totalling 2.8 km). It must also be noted that SANRAL’s design engineers were tasked only with ensuring that there is a realistic and feasible way for the contractor to access the area below the viaduct with the machinery and the materials required. It is the ultimate task of the contractor to design in detail and implement the final access since this is temporary works and for the contractor to ensure that the access roads meets his/her requirements in terms of the required plant able to access the area. However, to minimise impact on forest vegetation in this area, the engineers have provided a preliminary design within a corridor that is limited to the narrowest possible width, given the limits of the size of plant (width, length and height) that needs to access the area under the viaduct. The contractor will be required to work within the limits of this corridor for the final design.

b) Previous discussions also raised the concern about cut to fill activities b) Noted. Surplus material will be taken off site for possible along this access track. This Department does not support any use elsewhere in the project. dumping of cut material down-slope of the track as this will smother vegetation and create a significant erosion risk.

c) It is recommended that a specific section be included in the dBAR c) The suite of documents do not lend themselves to and EMPr that addresses the Umhlatuzana Viaduct as a whole. separating out the uMhlatuzana Viaduct and access road This section should look to include detail on the development of the into an exclusive section on its own. Most sections of the access road, the exact location and size of the turning area under BAR and EMPr apply to environmental management

23 Name and No Date Comment/Issue Raised Response Organisation the existing bridge and the working corridor beneath the bridge across the entire project, including the Giba and associated with the widening. uMhlatuzana Viaduct areas. There are numerous existing sub-sections in the documents dealing with the uMhlatuzana Viaduct and access road under relevant main headings. However, as requested, additional details have been added to the final BAR and the final Project Specific EMPr. Refer particularly to Section 3.1.2.2 of the final BAR and Sections 2(m-n) of the Project Specific EMPr.

d) Furthermore, this additional section must also detail the exact d) It is important to note that one of the recommendations in rehabilitation measures that will be implemented post construction the EMPR Appendix A1 (pg 19) is that “ A rehabilitation for the widened N3 section crossing the Umhlatuzana, together plan is developed in consultation with the eThekwini with detail around decommissioning and rehabilitation of the EPCPD which identifies areas for alien plant control, access track. Current rehabilitation detail included in the reports areas for replanting with indigenous species, potential and appendices is too generic. receiving areas for rescued plants, soil erosion controls and appropriate methods to undertake these actions. Rehabilitation of the temporary river crossing, area under the viaduct, access route, camp and stockpile areas must be addressed here”. Given that decommissioning and rehabilitation of the final 1.2 km of the viaduct access road will only occur realistically in 5 years from now (and possibly longer given unanticipated delays) it is not feasible to undertake this type of detailed micro-planning at this stage. Budget for this will be provided in the contractor’s budget to undertake this detailed planning at the appropriate time. It is also key that this detailed planning is undertaken as a joint effort with EPCPD, with budget provision allocated for EPCPD input if necessary. Refer to Sections 6e and 7b of the Project Specific EMPr.

e) This Department has concern that given the sensitivity of the e) The EMPr Appendix A (Section 8) makes provision for viaduct crossing, 24 months of rehabilitation monitoring will not an extension of the maintenance period until at least be sufficient to successfully re-establish a suitable base 80% cover is achieved (excluding alien plant species).

24 Name and No Date Comment/Issue Raised Response Organisation vegetation cover that will naturally succeed back to a forest habitat SANRAL’s Routine Road Maintenance (RRM) team will similar to the one that will be impacted. An equal concern take over maintenance of the area for a further 12 regarding this matter relates to ensuring the availability of months once the contractor has left the site. SANRAL sufficient contingency funds to ensure that rehabilitation is carried believes that there will be sufficient funds under the out correctly and in full. main contract as well as once RRM takes over.

This Department reserves the right to comment further following Noted. review of the final Basic Assessment Report and all updated project detail. 3. Land Use Management Branch

No comments. Noted. 4. Strategic Spatial Planning Branch (SSP) The Strategic Spatial Planning Branch has reviewed the abovementioned application and submits the following comments:

4.1 The Strategic Spatial Planning Branch has no objections to the 4.1 Noted. abovementioned proposal as the proposed improvement to the capacity of the N3 appears to be necessary and will add a much needed benefit especially in regard to the alleviation of traffic congestion on the N3 which forms the backbone of the Strategic Integration Projects (SIPs) and National Development Plan.

4.2 Strategically these upgrades are highly supported as they will 4.2 Noted. benefit both the region and the future proposed Dig Out Port as well as the Durban, Free State and Gauteng Industrial Corridor. The additional road capacity via the proposed upgrades will inadvertently improve access to the Durban's export and import facilities and make the region more desirable for potential investments due to improved accessibility.

4.3 It does however appear to affect adjacent residential and commercial 4.3 Noted. SANRAL’s property evaluators will engage directly properties especially within the Pinetown South area (Richmond) and with affected property owners, where land acquisition and further attention must be given to those properties which will be impacted compensation are required. Refer to Sections 8.2, 8.3 and 8.4

25 Name and No Date Comment/Issue Raised Response Organisation by the mitigation measures or proposed relocation in the instance of of the BAR for descriptions of impacts on adjacent properties informal settlements. and residents, and to Section 8.2.11 for proposed mitigation measures. Along this section of the N3, a small informal settlement at Paradise Valley has been identified in consultation with eThekwini’s Human Settlements Unit. Refer to Comment 26 above.

4.4 Whilst the SSP branch has no objections to the proposal, it is noted 4.4 Noted. Comment has been received from EPCPD that the proposed uMhlatuzana Viaduct access will pass through Giba regarding impacts on DMOSS, the Giba Gorge area and Gorge Mountain Bike Park, and some parts of the road widening will biodiversity along the route. These are dealt with in Chapter 5 affect some of the natural habitat incorporated into the D'MOSS and other and Section 8.6 of the Basic Assessment Report. Mitigation protected areas including the Giba Gorge Nature Reserve. Concerns are measures are proposed in the BAR and EMPr to reduce also raised regarding floodlines which will be traversed in some parts by impacts on the natural habitat in protected and unprotected the proposed upgrades. It is therefore recommended that approval be areas. Refer also to the response to EPDPC above (part 2 of sought from both Environmental Planning and Climate Protection and the Stormwater and Catchment Management Departments. This Branch eThekwini’s co-ordinated response). Discussions have been recommends that mitigation measures be put in place to ensure that the held with the Giba MTB Park Management and measures to risks associated with the proposed activity are dealt with accordingly. manage impacts on bike trails will be implemented by the contractor in consultation with Giba Management, at the appropriate time. Stormwater management forms a key part of road design. The temporary stream crossing on the uMhlatuzana Access route has been designed as a drift type crossing, which will allow the flow under normal conditions to pass through the pipe culverts. Under storm conditions the

crossing will over top and vehicles will not be permitted to pass

until the water level has subsided. This is to ensure that the

crossing has minimal effect on the existing flow conditions.

Where relevant, changes have been made in the Final Basic

Assessment Report to deal with comments from EPCPD and

the Stormwater and Catchment Management Departments.

4.5 a-d. Noted. 4.5 The comment is subject to the following conditions:

26 Name and No Date Comment/Issue Raised Response Organisation a. This comment is based on the information made available to the SSP Branch at the time of submission of this application. b. This Branch's support is subject to the applicant meeting all sector requirements. c. This support should not be deemed to be approval of the eThekwini Municipality d. This branch reserves the right to comment further should the need arise. 5. Coastal, Stormwater and Catchment Management

This Department has reviewed the proposal and submits the following comments.

The increase in the hardened areas and the loss of existing centre Control of stormwater during operation forms a key part of the medians which provide stormwater attenuation at present, will mean road design. According to the design engineers, the total that there will be an increase in stormwater runoff discharge into the catchment areas feeding all the cross-drainage structures will surrounding stormwater systems and streams . This needs to be not increase. The runoff, however, will increase by a very small quantified and mitigated. margin due to the relatively high runoff on the additional road surface width. In comparison to the total stormwater runoff, this is minimal and the culverts crossing the road will be operating at very similar runoffs as in the past and improvements will be implemented should further capacity be required. All the stormwater which runs off the road surface is accommodated in lined stormwater channels adjacent to the road surface.

Stormwater management plans will be in place for each construction contract. A generic stormwater management plan is appended to the EMPr but specific stormwater management specifications are provided by the engineers for each contract and must be approved by SANRAL.

6. Parks, Leisure and Cemeteries

No comments. Noted.

27 Name and No Date Comment/Issue Raised Response Organisation 7. Pavement and Geotechnical Engineering

This Department has reviewed the proposal and has no geotechnical Noted. ACER requested the engineers to send the objections at this stage. The Pavement and Geotechnical Engineering geotechnical reports to Pavement and Geotechnical Department requires a full copy of the geotechnical report. Engineering (Debbie Abel). V3’s report was sent to Ms Abel on 10th March 2020. SMEC will send finalised reports as son as they are available. 8. eThekwini Transport Authority

No comments. Noted. 9. Environmental Health Department

No comments. Noted. 10. eThekwini Water and Sanitation Department

No comments. Noted. 11. Cleansing and Solid Waste

No comments. Noted. 12. Disaster Management Noted. Traffic will be managed according to a Traffic This Department has reviewed the Draft Basic Assessment Report; the Management Plan approved by SANRAL for each construction Disaster Management Department does not foresee any disaster contract, ensuring that co-ordination between adjacent management related issues other than traffic impacts and requires that a contracts (on the N3 as well as provincial and municipal roads) Traffic Impact Assessment be conducted given that the proposed project is undertaken as relevant. The contractors will be required to is for a National Route. submit the final Traffic Management Plans for approval by the engineers prior to implementation. 13. Fire Safety

This Department has reviewed the Draft Basic Assessment Report and has no objection to the proposed project, subject to adherence to the following:

13.1 Full compliance with the petroleum product or flammable gas 13.1 Noted. The NMMP is not in proximity to this section of the pipeline if found to be in close proximity of the construction site. N3.

28 Name and No Date Comment/Issue Raised Response Organisation

13.2 Compliance with road closure during the construction period 13.2 Noted. Traffic will be managed according to a Traffic regarding response time for the brigade and other emergency services. Management Plan approved by SANRAL for each construction contract, ensuring that co-ordination between adjacent contracts (on the N3 as well as provincial and municipal roads) is undertaken as relevant. The contractors will be required to submit the final Traffic Management Plans for approval by the engineers prior to implementation. This will include plans for access by the fire brigade and other emergency services.

13.3 Full compliance with other applicable legislative requirements and 13.3 Noted. by-laws of the eThekwini Municipality.

13.4 Contact the relevant Emergency Services should there be any 13.4 This will be part of site management plans to be compiled challenges that may create a potential safety hazard to employees or the by the contractor and approved by the Engineer prior to the community at large. commencement of construction. Should you require clarification on any of the above issues, please Noted. contact the writer on telephone: 031 322 7694 or via e-mail: [email protected] . In addition, the Department requests that a copy of the Environmental Authorisation be emailed to the same address.