Final Draft Basic Assessment Report (FDBAR)

Final Draft Basic Assessment Report (FDBAR) for the proposed Sibaya Precinct Node 6 Development, eThekwini Municipality KZN.

A Project of Crecora Investments (Pty) Ltd

18th March 2020

(For official use only) File Reference Number: Application Number: Date Received:

THIS REPORT WAS COMPILED BY WALLACE AND GREEN (PTY) LTD. IN TERMS OF APPENDIX 1 TO GNR 982 (AS AMENDED) 2014 NEMA EIA Regulations (As amended), Appendix 1- 3(a) a basic assessment report must contain the information that is necessary for the competent authority; (i) EAP who prepared the report and (ii) the expertise of the EAP, including curriculum vitae. 3 (1) (a) details of (i) the EAP who prepared the report; and (ii) the expertise of the EAP. Please see Appendix H for EAP Declaration and full Curriculum Vitae.

DETAILS OF THE ENVIRONMNETAL ASSESSMENT PRACTITIONER Table 1: Details of the Environmental Assessment Practitioner

Contact Persons Mr. Kushela Naidoo Postal Address 24 Agar Place Riverside, Durban North 4051 Telephone 031 563 4466 Facsimile 086 613 8535 E-mail [email protected] Qualification Master’s in Environmental Science Professional Registrations SACNASP (Pr.Sci.Nat); EAPASA; Voluntary Memberships IAIAsa; IWMSA; GBCSA Experience >13 years

Table 2 : Details of the project Applicant

DETAILS OF THE PROJECT APPLICANT Applicant Crecora Investments Proprietary Limited. Representative Charles Thompson Physical Address Ground Floor, FMI House, 2 Heleza Boulevard, Ocean Dune, Sibaya Dr, 4320. Postal Address Ground Floor, FMI House, 2 Heleza Boulevard, Ocean Dune, Sibaya Dr, 4320. Telephone 0875501300 Facsimile - E-mail [email protected]

EXECUTIVE SUMMARY Wallace and Green (Pty) Ltd has been appointed by Crecora Investments (Pty) Ltd to provide independent Environmental Consulting Services for the proposed Sibaya Precinct Node 6 by conducting a Basic Assessment (BA) Study in terms of the Environmental Impact Assessment (EIA) Regulations of 2014 (GNR 982 of December 2014), as promulgated under the National Environmental Management Act (NEMA) (Act No. 107 of 1998).

The Sibaya Precinct includes the land surrounding the Sibaya Casino and is located between the N2 in the west and the Indian Ocean in the east and, from the Hawaan Forest in the south to the Main Road (MR 96). The Precinct has been strategically located along KZN’s north coast within the province’s Primary Corridor only 5 minutes from the King Shaka International Airport and iDube TradePort and in the middle of two of Durban’s major tourism nodes of Umhlanga and Umdloti.

In planning the Sibaya Coastal Precinct, a sensitive approach to the natural world was key, with over 50% of the land being left as green space. The preservation of the coastal forest and rehabilitation of what was once sugarcane, will lead to accessible, interconnected trails and paths for walking, running and cycling. The seven nodes of the Sibaya Precinct are integrated into a single destination via green boulevards and an extensive open space network, which also opens access to the coastline. The Sibaya Coastal Precinct has been designed to encompass a total of seven nodes, which will be phased and developed over the project’s 15 to 20-year lifespan. Already well-established in the Precinct is the Sibaya Casino and Entertainment World which is located in the heart of the Precinct midway. In addition, Nodes 1 and 5 is currently under construction. All nodes will be inspired by common development and architectural guidelines that reflect the principles of sustainability and the aesthetic vision upon which Sibaya Coastal Precinct is premised. These open public areas are accessible to visitors and residents alike, while being managed by Sibaya Coastal Precinct to ensure that high standards of quality and safety are maintained.

Included in the Sibaya Precinct Development is Node 6, of which will encompass zones inclusive of residential, retirement, commercial, mixed-use as well as sports and recreation. The proposed development is situated east of the M4 Highway, north of the M27 road, and directly adjacent to the town of Umdloti (Figure 1). The Sibaya Precinct Node 6 is approximately 173.45 ha in gross area, of which 46.76 ha is the forest conservation areas; leaving the site with a Nett area of 126.69 ha of which an estimated 112.57 ha will be utilised as developable land.

The proposed development will encompass the following uses: • Construction of access roads and road networks (four lane main collector road and several two-lane roads); • Construction of water pipelines with a 700mm diameter bulk water main (reduces to a 500 mm diameter line along the route); • Construction of sewer reticulation to service the residential housing; • Construction of a pipe stormwater reticulation system along the main collector road; • Construction of proposed electrical infrastructure namely: Two 11kV cables and street Lighting; and • Construction of a boundary fence .

This BA follows the legislative process prescribed in the Environmental Impact Assessment (EIA) Regulations (2014). This report constitutes the Final Draft Basic Assessment Report (FDBAR) which details the environmental outcomes, impacts and residual risks of the proposed activity. The report aims to assess the key environmental issues and impacts associated with the development, and to document Interested and Affected Parties’ (I&APs) issues and concerns. Furthermore, it provides background information of the proposed project, a motivation and details of the proposed project, and describes the public participation undertaken to date.

The objective of this report is to provide the project’s I&APs, stakeholders, commenting authorities, and the competent authority (CA), with a thorough project description and BA process description. The outcome being to receive productive comment / input, based on all information generated to date and presented herein.

In order to protect the environment and ensure that the development is undertaken in an environmentally responsible manner, there are several significant portions of environmental legislation and specialists’ studies that were taken into consideration during this study and are elaborated on in this report.

The KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA) is the lead / competent authority for this BA process and the development needs to be authorised by this Department.

TABLE OF CONTENTS

THIS REPORT WAS COMPILED BY WALLACE AND GREEN (PTY) LTD. IN TERMS OF APPENDIX 1 TO GNR 982 (AS AMENDED) ...... 3 DETAILS OF THE PROJECT APPLICANT ...... 3 EXECUTIVE SUMMARY ...... 4 TABLE OF CONTENTS ...... 6 APPENDICES ...... 7 APPENDIX 1: NATIONAL ENVIRONMENTAL MANAGEMENT ACT (ACT NO. 107 OF 1998): ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 2014 (AS AMENDED) ...... 9 Section 1: DESCRIPTION OF THE PROPOSED ACTIVITY & LOCALITY ...... 11 Section 2: SITE DESCRIPTION OF SURROUNDING LAND USE AS PER SECTION 3(H) (IV) AND (K) ... 32 Section 3: POLICY AND LEGISLATIVE FRAMEWORK ...... 46 Section 4: MOTIVATION, NEED AND DESIRABILITY ...... 49 Section 5: PUBLIC PARTICPATION ...... 52 Section 6: IMPACT ASSESSMENT ...... 55

APPENDICES

Appendix A: Site Plan(s) Appendix A1 - Google Image Appendix A2 - Locality Map Appendix A3 - Sensitivity Map

Appendix B: Site Photographs

Appendix C: Facility illustration(s) Appendix C1 - Preferred Layout (A1) Appendix C2 - Alternative Layout (A2) Appendix C3 - Alternative Layout (A3) Appendix C4 – Alternative Layout (A4) Appendix C5 - Services Layout Appendix C6 – Fence Boundary

Appendix D: Specialist Reports Appendix D1 - Agricultural Potential Assessment Appendix D2 - Alien Invasive Management Plan Appendix D3 - Aquatic Biomonitoring Assessment Appendix D4 - Conservation Management Plan Appendix D5 - Ecological Assessment Appendix D6 - Engineering and Stormwater Management Plan Appendix D7 - Geotechnical Assessment Appendix D8 - Heritage Impact Assessment Appendix D9 - Hydrological Assessment Appendix D10 - Landscape Plan Appendix D11 - Socio-Economic Impact Assessment Appendix D12 - Traffic Scoping Report Appendix D13 - Visual Impact Assessment Appendix D14 - Wetland Delineation and Functional Assessment Appendix D15 - Wetland Rehabilitation Plan

Appendix E: Public Participation Appendix E1 - PPP Summary Appendix E2 - Site Notice Appendix E3 - Proof of Site Notice Appendix E4 - Advertisement Appendix E5 - Proof of Advertisement Appendix E6 - BID & Comment Form Appendix E7 - I&AP Database Appendix E8 - Issues Trail Appendix E9 - I&AP Correspondence

Appendix F: Impact Assessment

Appendix G: Environmental Management Programme (EMPr)

Appendix H: Details of EAP and Expertise

Appendix I: Specialist’s declaration of interest

Appendix J: Additional Information Appendix J1 - EDTEA Pre-application Minutes of Meeting Appendix J2 – Minutes of Public Feedback Meeting Appendix J3 - Proof of AMAFA Application

APPENDIX 1: NATIONAL ENVIRONMENTAL MANAGEMENT ACT (ACT NO. 107 OF 1998): ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 2014 (AS AMENDED)

SECTION OF ASSOCIATED APPENDIX 1 OF DESCRIPTION OF THE SECTION SECTION WITHIN THE THE EIA BAR REGULATIONS 3a Details of the EAP and CV Page 3 3b Location of the activity Section 1.5 3c A layout plan Section 1.6 3d Description of the scope of the proposed activity including the Section 1.2 and 1.3 triggered and specified activities, associated structures and infrastructure and the way the proposed development relates to the triggered activities 3e Description of the policy and legislative context within which Section 3 the development is proposed and how is each one applicable and to the proposed activity 3f A motivation for the need and desirability (including the Section 4 development at that specific location) 3g A motivation for the preferred site, activity and technology Section 1.4 alternative 3h (i) Details of all the alternatives considered Section 1.4 3h (ii) Details of the Public Participation Process (PPP) undertaken Section 5 in terms of regulation 41 of the Regulations, including copies of the supporting documents and inputs 3h (iii) A summary of the issues raised by interested and affected Section 5 parties, and an indication of the way the issues were incorporated, or the reasons for not including them 3h (iv) The environmental attributes associated with the alternatives Section 2 focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects 3h (v) The impacts and risks identified for each alternative, Section 6.2 including the nature, significance, consequence, extent, duration and probability of the impacts, including the degree to which these impacts- (aa) can be reversed; (bb) may cause irreplaceable loss of resources; and (cc) can be avoided, managed or mitigated; 3h (vi) The methodology used in determining and ranking the Section 6.1 nature, significance, consequences, extent, duration and probability of potential environmental impacts and risks associated with the alternatives 3h (vii) Positive and negative impacts that the proposed activity and Section 6.2 alternatives will have on the environment and on the community that may be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects 3h(viii) The possible mitigation measures that could be applied and Section 6.2 level of residual risk 3h(ix) The outcome of the site selection matrix Section 6.2

3h(x) If no alternatives, including alternative locations for the Section 1.4 activity were investigated, the motivation for not considering such 3h(xi) A concluding statement indicating the preferred alternatives, Sections 4.2 and 6.3 including preferred location of the activity 3i A full description of the process undertaken to identify, Section 6.2 assess and rank the impacts the activity will impose on the preferred location through the life of the activity, including- (i) a description of all environmental issues and risks that were identified during the environmental impact assessment process; and (ii) an assessment of the significance of each issue and risk and an indication of the extent to which the issue and risk could be avoided or addressed by the adoption of mitigation measures 3j An assessment of each identified potentially significant Section 6.2 impact and risk 3k Where applicable, a summary of the findings and impact Section 2 management measures identified in any specialist report complying with Appendix 6 to these Regulations and an indication as to how these findings and recommendations have been included in the final report 3l An environmental impact statement containing a map and a Section 6.3 summary of the positive and negative impacts of the proposed development and alternatives 3m Based on the assessment, and where applicable, impact Section 6.4 management measures from specialist reports, the recording of the proposed impact management objectives, and the impact management outcomes for the development for inclusion in the EMPr 3n Any aspects which were conditional to the findings of the Section 6.8 assessment either by the EAP or specialist which are to be included as conditions of authorisation 3o A description of any assumptions, uncertainties, and gaps in Section 6.5. knowledge which relate to the assessment and mitigation measures proposed 3p A reasoned opinion as to whether the proposed activity Section 6.8 should or should not be authorised, and if the opinion is that it should be authorised, any conditions that should be made in respect of that authorisation 3q Where the proposed activity does not include operational Section 6.6 aspects, the period for which the environmental authorisation is required, the date on which the activity will be concluded, and the post construction monitoring requirements finalised 3r An undertaking under oath or affirmation by the EAP Refer to Appendix H 3s Where applicable, details of any financial provisions for the Not Applicable rehabilitation, closure, and ongoing post decommissioning management of negative environmental impacts

SECTION 1: DESCRIPTION OF THE PROPOSED ACTIVITY & LOCALITY

1.1 Project Title Proposed Sibaya Precinct Node 6 Development, eThekwini Municipality, KZN. 1.2 Description of the Activities to be Undertaken Including Associated Structure and Infrastructure as per Section 3(d) (ii) 2014 EIA Regulations (As amended), Appendix 1- 3(d) a description of the scope of the proposed activity, including (ii) a description of the activities to be undertaken including associated structures and infrastructure.

The applicant, Crecora Investments (Pty) Ltd proposes the establishment of a development that captures the essence of a luxury seaside lifestyle precinct whilst remaining easily accessible and affordable. The Sibaya Precinct Node 6 is situated east of the M4 Highway and north of the M27 road, directly adjacent to the town of Umdloti and approximately 9 km northeast of Umhlanga; and situated within the eThekwini Metropolitan Municipality within Municipal Ward 58, KwaZulu-Natal. Refer to Figure 1 in the Basic Assessment Report which shows the site locality. The development will comprise of 1415 units housed within a combination of medium residential and retirement areas, sports and community areas, low density residential areas as well as commercial areas.

The development is a continuation of the neighbouring established framework of Node 5. Primarily composed of low-density residential zones with dwellings of 1-2 stories and higher densities at key nodes; Retail Node at 3 stories with 5 story health care facility, Commercial Node at 5 stories and Sports and Recreational Node at 3 stories. Increased density and height at the two landmark residential medium/Signature buildings of 6 and 15 stories.

The Sibaya Precinct Node 6 development is approximately 173.45 ha in gross area, of which 46.76 ha is the forest conservation areas; leaving the site with a Nett area of 126.69 ha of which an estimated 112.57 ha (less than 60% of the site) will be utilised as developable land. The proposed project site is currently utilised for the cultivation of sugar cane, with the southern, south-western and south-eastern portions of the site densely vegetated with trees, shrubs and ground cover.

The details of the properties are listed as follows: • Rem. of portion 615 (of 275) of the Farm Cottonlands No. 1575 (N0FU00000000157500615); • Rem. of portion 246 (of 615) Cottonlands No. 1575 (N0FU00000000157500246); and • Portion 2149 (of 615) of the Farm Cottonlands No. 1575 (N0FU00000000157502149).

Accessibility to the Southern and Northern portions of the site is via the Main Road i.e. M27 and Sugar Cane Road with a network of gravel farm service roads that traverse the site.

Security will be done in conjunction with the Umdloti Smart Village. A Perimeter fence will be erected along the boundary of Node 6 prior to construction, that will prevent traversing through the site.

All bulk services (water, electricity, sewage) are available within close proximity to the site and the development will be linked to the existing infrastructure. The daily water demand for the completed development will total 149.293l/s. SMEC has recently designed a bulk water line that is being constructed from the Waterloo reservoir to the Sibaya Precinct. The aforementioned waterline has been designed to supply water and will be used as the connection point for the development. The Waterloo Reservoir has sufficient capacity to service the 1.014 MI/day required by the Sibaya Precinct Node 6 Development.

Peak sewage generated will be 29.267 l/s and the new Sibaya Node 5 pump station is being constructed and it is envisaged that this pump station will accommodate the flows generated on the Node 6 development. Sewage will be pumped to the Phoenix Wastewater Treatment Works as an interim solution Once the new Umdloti WWTW has been constructed and necessary permission obtained, the sewage will be re-routed to the Umdloti Treatment works

The internal stormwater network will consist of an underground stormwater pipe, junction boxes, kerb inlet, grid inlets, open grass lined channels and culverts. Stormwater attenuation facilities will be implemented across the site. Grass lined swales adjacent to grass lined berms will be implemented in open landscaped strips, acting as attenuation areas and infiltration area embankments during storm events. Gabion structures will be installed in the natural valleys, to prevent the stormwater from flowing out of the site at an uncontrolled rate and high velocity. Large open landscaped and existing areas next to the roads will be used as a wide grass lines "channel" by allowing the water to run-off from the road onto the grassed areas. Please refer to Appendix D: Specialist Reports, Stormwater management plan dated March 2020.

A Terrestrial Ecological Impact Assessment for the Proposed Sibaya Precinct Node 6 was undertaken by Leigh- Ann de Wet. The study area contains a portion of CBA (Critical Biodiverse Areas) listed as irreplaceable, these areas are coastal forest and correspond to D’MOSS areas for the site. The study area is located within the Critically Endangered Northern Coastal Grasslands, and Interior North Coast Grasslands. According to Mucina and Rutherford, there are two vegetation types within the Sibaya Precinct Node 6 site: KwaZulu Natal Coastal Belt Grassland and Northern Coastal Forests. There were three main vegetation communities identified on the site; sugar cane fields, forest (dune, coastal and riparian) and wind breaks. Of these, the forest is a Critically Endangered Dune Forest and comprises an assemblage of indigenous species forming the distinct tree, shrub and herb layer of dune forest. Sensitivity indicates that much of the site is low sensitivity, with the forest areas high sensitivity. A 40 m buffer is recommended as the forest will be actively managed as a conservation area for the life of the project, together with the management of alien plants. This would ultimately lead to overall biodiversity gains for the site. Furthermore, this buffer has been used throughout the Sibaya Precinct development thus far for all nodes. To minimise the impact of the flora and fauna on site and preserve the structural integrity of the system, several recommendations have been put forward in the Ecological Report. Monitoring of these impacts and the effectiveness of the associated mitigation measures have also been recommended. Please refer to Appendix D and Appendix G: Specialist Reports, Ecological Assessment dated October 2019 and EMPr.

As per the Wetland Delineation and Functional Assessment report, dated July 2019 a total of twenty watercourses were identified, in which eighteen were identified as wetland systems and two identified as riverine systems. The wetlands systems were classified as twelve hillslope seepage wetlands, three unchannelled valley bottom wetlands, two floodplain wetlands and one estuarine environment; whereas the riverine systems were classified as two B channel streams. During the initial risk assessment screening, it was determined that one unchannelled valley bottom wetland (UVB01), four hillslope seepage wetlands (Seep01, Seep02, Seep03 and Seep04) and two B channel streams (Rip01 and Rip02) will be at risk as a result of the proposed development. The specialist recommended a 26m buffer zone, which was calculated for the at-risk watercourses which may potentially be impacted on by the proposed development utilising the DWS buffer zone tool (Macfarlane & Bredin, 2016) be applied. Please refer to Appendix D: Specialist Reports, Wetland Delineation and Functionality Assessment dated July 2019.

The Hydrological and Flood line Assessment compiled by GCS water and Environmental Consultants indicated that the proposed development is situated in the coastal warm temperate climatic zone of South Africa which is characterised by hot and wet summers. The Mean Annual Precipitation and Mean Annual Evaporation of the area are 980 and 1 200 mm, respectively. The study sites are characterised by undulating hills which are relatively flat in the headwater reaches and steep hills facing the shoreline. Two tributaries drain water from the proposed development area where one flows directly to the Indian Ocean while the other flows into Mdloti River in the north-western part of the site. Results show that the flood peaks are not posing any flood hazard to the

infrastructure of the proposed development as it falls outside of the 1:100-year floodline. Please refer to Appendix D: Specialist Reports, Hydrological and Flood line Assessment dated September 2019.

Umlando Archaeological Surveys and Heritage Management undertook a heritage survey of the proposed Sibaya Precinct Node 6 development. The area was first surveyed by Schofield in the 1930s where several sites, or features, were noted. Later Davies, in the 1960s, tried to consolidate their notes and findings, and concluded with four sites within the study area. Since then some of the sites have been overgrown by reforestation, while the others are now under sugar cane. The heritage survey recorded eleven archaeological sites. Eight of these occur on the main hill and could be part of the same site, or different sites through time. The main hill is of high archaeological sensitivity and several test pit excavations will be required before construction begins. In addition, the entire development is located on highly sensitive palaeontological formations. On-site monitoring will be undertaken for these sites as well, in case human remains are exposed during construction. Any excavations deeper than 1.5 m will require a qualified palaeontologist to inspect the excavations. Please refer to Appendix D: Specialist Reports, Heritage Impact Assessment dated June 2018.

The Geotechnical assessment compiled by Geosure details the results of a preliminary and shallow geotechnical investigation of Sibaya Node 6. Inferred from site observations at the positions and to the depths investigated, the site is considered stable for the proposed environmental rezoning application. At the positions profiled, the site was observed to be predominantly underlain by aeolian deposits of the Berea Formation, overlain by a veneer of colluvium and occasional localized pockets of fill material. Please refer to Appendix D: Specialist Reports, Geotechnical assessment dated May 2018.

The Socio-Economic Impact Assessment was undertaken by Urban-Econ for the Sibaya Precinct Node 6 Development. This socio-economic impact assessment has illustrated that the planned Node 6 mixed-use development is a prime project. The development is located within the Durban Aerotropolis area which will promote economic growth in the area through intense industrialisation on account of huge investments poured to the area. This economic growth will result in people migrating to the area which will increase demand for residential accommodations and other services offered by the Node 6 development. The development of Node 6 mixed-use development will have some impact on the neighbouring areas i.e. uMdloti, La Mercy, Mount Moreland and Desainager among other nearby areas. Some of the negative impacts include traffic congestions, noise during construction, and more demand for beach space thus populating the overall overwhelmed uMdloti beaches during the festive season. This study has shown that these negative impacts can be mitigated against. Moreover, there are more positive impacts that the development of Node 6 will generate such as job creation and economic growth which will benefit, in the main, the communities of the eThekwini northern areas. The profile of the existing surround areas to the Node 6 development illustrates that the populations as well as households continue to grow in the area. And it is expected that this growth will carry on into the future. The existing area profile also indicated that there is high unemployment rate above 20%. This implies that as much as populations do increase, the economy should grow as well, and job opportunities increase too so that the growth of the eThekwini northern areas can be sustained. Please refer to Appendix D: Specialist Reports, Socio-Economic Impact Assessment, dated December 2019.

The Traffic scoping Report was updated to reflect the ultimate road upgrades required to support the broader Sibaya Coastal Precinct (Nodes 1 to 7) and indicate the potential road upgrades needed to support Node 6 Phase 1. These road upgrades and associated costs, will be done in line with strategic coordination between developers ETA, DOT and SANRAL.

Assuming a business as usual approach, a public transport facility of 2500m² is required. This facility must be located within the Node 6 precinct. At this stage, it is recommended that this facility is integrated as part of the Phase 1 retail development. In addition, and in discussion with the Umdloti residents, there is a lack of public transport ranking and holding facilities in the town. This has resulted in vehicles parking in on-street parking areas and verges. In this regard,

it has been proposed that the off-street public transport facility that is being constructed for Node 6 will be designed to accommodate for the excess vehicles currently ranking/holding in Umdloti.

In light of the increased population in the greater Sibaya area, it is anticipated that there could be an increase in demand for on-street parking in Umdloti during peak season. In this regard, and in alignment with the Node 1 and 5 approvals, a shuttle service for residents has been proposed from the retail/commercial node down to Umdloti Beach. It is proposed that a new 2.5m to 3m wide sidewalk is constructed along the northern side of the M27 from the Node 6 access to Umdloti beach. This will allow for a safe passage for residents wishing to walk to the beach.

Please refer to Appendix D: Specialist Reports, Traffic Scoping Report, dated March 2020.

A Traffic Impact Assessment is currently underway and will conform the findings and recommendations of the Traffic Scoping Report.

1.3 All Listed and Specific Activities Triggered and Applied for as per Section 3(d) (i) 2014 NEMA EIA Regulations (as amended), Appendix 1- 3(i) all listed and specified activities triggered and being applied for:

Table 3: Listed and specified activities triggered and being applied for

GNR Activity Activity as per legislation Activity applicability Number Listing Notice 1 (Basic Assessment) Government Activity 19 The infilling or depositing of any material of The proposed infrastructure Notice more than 10 cubic metres into, or the will cross watercourses and Regulation dredging, excavation, removal or moving of will thus require infilling or (GNR) No. 983 soil, sand, shells, shell grit, pebbles or rock depositing of material of more of the EIA of more than 10 cubic metres from (i) a than 10 cubic metres or the Regulation watercourse. dredging, excavation, removal (2014) or moving of soil, sand or rock of more than 10 cubic metres from/into a watercourse. Activity 27 The clearance of an area of 1 hectare or The Development of buildings more, but less than 20 hectares of and infrastructure will result in indigenous vegetation. the clearance of more than 1 hectare of indigenous vegetation. Listing Notice 3 (Basic Assessment) Government Activity 12 The clearance of an area of 300 square The development will include Notice metres or more of indigenous vegetation the construction of a boundary Regulation (v) Critical biodiversity areas as identified in fence which will entail the (GNR) No. 983 systematic biodiversity plans adopted by the clearance of more than 300 of the EIA competent authority or in bioregional plans; square meters of indigenous Regulation vegetation as the structure (2014) falls within a CBA Area. Activity 14 The development of (xii) infrastructure or The development will entail the structures with a physical footprint of 10 construction of a boundary

square metres or more; where such fence of 10 square meters or development occurs – more; within a watercourse; or (a) within a watercourse within 32 m of a watercourse, (d) in KwaZulu-Natal measured from the edge of a (vii) Critical biodiversity areas or ecological watercourse within a CBA in support areas as identified in systematic KwaZulu-Natal. biodiversity plans adopted by the competent authority or in bioregional plans.

As has been confirmed with EDTEA in the pre-application meeting, this specific listed activity for which an EA is being sought, is without operational aspects. Thus, the EA is only required for the development or construction phase, including rehabilitation of the cleared areas and post-construction monitoring thereof. This is significant because it determines the duration for which the EA is required, the scope of the EMPr and auditing requirements post construction and rehabilitation. Refer to Appendix J1 – EDTEA Pre-application Meeting Minutes.

1.4 Description of Feasible Alternatives as per Section 3(h) (i) 2014 NEMA EIA Regulations (as amended), Appendix 1- 3(H) a full description of the process followed to reach the proposed preferred alternative within the site, including (i), (iv).

“Alternatives”, in relation to a proposed activity, means different means of meeting the general purpose and requirements of the activity, which may include alternatives to —

(a) The property on which or location where it is proposed to undertake the activity; Alternative S1 (Only Site Alternative): Sibaya Precinct Node 6 Development, Umdloti. The proposed Sibaya Node 6 development falls part of the Sibaya Coastal Precinct and located approximately 9 km northeast of Umhlanga, the site lies within quaternary catchment U30B of the Pongola-Mtamvuna Water Management Area (WMA-4) on the Remainder of portion 615 (of 275) of the Farm Cottonlands No. 1575, Rem. of portion 246 (of 615), Portion 2149 (of 615) of the Farm Cottonlands No. 1575, within eThekwini Municipality, KwaZulu-Natal Province.

The land is owned by Crecora Investments and was purchased with the sole purpose to develop Sibaya Node 6. No other properties were purchased by the applicant; thus, no site alternative properties / locations are applicable.

(b) The type of activity to be undertaken; The proposed activities are associated with the construction of the Sibaya Precinct Node 6 and associated infrastructure. No alternative types of activities were considered feasible as the proposed development is deemed to be the most suitable land use for the site based on the Sibaya Precinct Plan.

(c) The design or layout of the activity;

Four layout alternatives were considered for the proposed development layout:

Alternative A1 (Preferred alternative) – Development of the site taking into consideration all environmental buffers, creation of open spaces and ecological corridors whilst incorporating specialist recommendations and a 15-Storey signature building.

The applicant Crecora Investments proposes the establishment of a development that captures the essence of a luxury seaside lifestyle precinct whilst remaining easily accessible and affordable. This builds on the consolidated Node 1 and 5, surrounding developments and mixed lifestyle activities to promote the creation of an integrated people centred, diverse, residential node.

The site is approximately 173.45 ha in extent, of which 46.76 ha is the forest conservation areas; leaving the site with a Nett area of 126.69 ha of which an estimated 112.57 ha will be utilised as developable land. Sibaya Precinct Node 6 is situated within Municipal Ward 58 of the eThekwini Metropolitan Municipality, KwaZulu-Natal. The development will comprise of 1415 units housed within a combination of low/ medium density residential and retirement areas, sports and community areas and commercial.

The development is a continuation of the neighbouring established framework of Node 5. Primarily composed of low-density residential zones with dwellings of 1-2 stories and higher densities at key nodes; Retail Node at 3 stories with 5 story health care facility, Commercial Node at 5 stories and Sports and Recreational Node at 3 stories. Increased density and height at the two landmark residential medium/Signature buildings of 6 and 15 stories.

The detail and extent of the properties are listed as follows: • Rem. of portion 615 (of 275) of the Farm Cottonlands No. 1575. • Rem. of portion 246 (of 615) Cottonlands No. 1575. • Portion 2149 (of 615) of the Farm Cottonlands No. 1575.

The Preferred alternative (A1) will inspire a Biophilic approach to design and the outdoor environment. Through extensive planning and design, the open spaces on site will be extended as Natural Arteries through the development. A non-building/conservation 40 m servitude to protect environmental sensitive areas from construction has been implemented and will be enforced, where units potentially might disrupt wetland and forest areas. Forests will be actively maintained by a Conservation Trust. It should be noted that the Preferred layout in excess of50% of the site will be undeveloped and preserved as Open Space.

The integration of existing ecological systems into the Open Space System Plan, will ensure sustainability of the existing surrounding ecology. Introduction of a central ecological corridor through the center of the development, this space will in time mimic the linear DMOSS line of the eastern boundary by introducing areas of Northern Coastal Grasslands and Northern Coastal Forests. Within this corridor there will be public access and park like spaces, all surrounded by the above biomes. The scheme is based on ecology-conscious considerations affecting architecture, urban layout, transportation, waste management, irrigation and energy management.

The aim is to interweave together the surroundings through the creation of a “Green Central Spine” connecting the ridge to the natural forest and views of the sea. The “Green Spine” contributes on the social and ecological enhancement of the site by taking into account Biodiversity (Fauna and Flora), Climate, Water, Habitat, Recreation, Immediacy and a Movement system.

The three main components of the “Green Spine” are, the storm water system; the forest system; and the movement system.

The key priority of the “green spine” is to integrate the natural aspects of the site into what will become a community area but will maintain the green connections between the site and its open spaces. Within the “green spine”, streams, ponds and wetlands will all not only assist with managing the stormwater in a functional way, but also become habitats for fauna and create wildlife corridors.

Trails, raised boardwalks and tree pods will be introduced to encourage connection with nature and activities that align with conservation goals. The planting of the linear parks (extension of natural biomes) is a combination of enhanced grasslands and a variety of Coastal trees, which in time will soften the built form and will allow movement of Fauna through the Urban precinct.

Previous land uses of the site, primarily sugar cane farming, but also the existing residential developments to the east of the site, has resulted in the reduction of the size of the forest as well as the elimination of any natural ecotone, making the forest edge abrupt and therefore an environmentally friendly fencing around the site development will be constructed, which will ensure that the CBA is also protected and that migration of mammals is still allowed. The fencing will reduce the impact of anthropogenic activities such as dumping of garden refuse and clearing for parking or to resemble gardens (already occurring adjacent to the residential development) as well as alien invasion.

In addition to the above, this alternative was developed following the results of the visual assessment. The assessment was undertaken to determine the elevation imagery of the proposed signature building.

Figure 1: Illustrating Alternative A1 (preferred) of the proposed Sibaya Precinct Node 6 development

Figure 2: Illustrating a 3D perspective of Alternative A1 (preferred) of the proposed Sibaya Precinct Node 6 development

Figure 3: Illustrating a 3D perspective Alternative A1 (preferred) of the proposed Sibaya Precinct Node 6 development

Alternative A2 – Development of the full site with the consideration of environmental buffers, whilst incorporating specialist recommendations.

Figure 4: Illustrating Alternative A2 (preferred) of the proposed Sibaya Precinct Node 6 development

.

With reference to the Concept Site Drawing of the layout Alternative A2 (Refer to Appendix C2), the layout consists of Residential, Retirement, Retail, Mixed use, Commercial, Conservation, Sports and Recreation.

Alternative (A2), had considered specialist inputs and has positioned the development out of the ecological sensitive areas similar to the Preferred Alternative (A1). Due to specialist inputs, the destructions of the wetlands identified were avoided. In this case, the forest areas have been identified as D’MOSS areas as well as irreplaceable CBA areas, and dune forest is Critically Endangered, and thus will be maintained as conservation areas. In addition, a non-building/conservation 40 m servitude to protect environmental sensitive areas from construction has been implemented where units potentially might disrupt wetlands and forests. Alternative (A2) however, did encroached on the forest buffer at several points. The preliminary layout was dense, 2-dimensional and did not provide possible linking of an Open Space System to accommodate for ecological corridors.

The design of the preferred alternatives seeks to harmonise and integrate the development within the existing landscape and the broader emerging suburban environment. The design rationale and detail employed seeks to mitigate potential negative effects on the landscape character and visual amenity of the area

In addition, the proposed development is aligned with the planning initiatives for the area and is therefore considered a viable and sustainable development that will contribute to regional economic growth.

Alternative A3 – Development of the site without the consideration of environmental buffers and not considering specialist recommendations inclusive of a film studio.

Figure 5: Illustrating Alternative A3 of the proposed Sibaya Precinct Node 6 development

With reference to the Concept Site Drawing of the layout Alternative A3 (Refer to Appendix C3), the layout consists of Residential, Retirement, Retail, Mixed use, Commercial, Conservation, Sports and Recreation and a film studio.

There is no consideration of buffers for the forest, wetland and riparian areas in the Alternative A3 development plan. Buffer zones are vital biodiversity areas, and any anthropocentric activities that occur within them are generally not allowed under any circumstances. The proposed infrastructure layout encroached onto the wetlands and buffers; encroachment into the forest areas would ultimately result in the loss of more indigenous vegetation as well as a much larger disturbance to the surrounding wildlife. The loss of natural habitats through the increase of alien invasive plant species and excessive volume of water resources required for maintenance purposes are anticipated to be far greater. Furthermore, this alternative did not consider the Ecological Specialists recommendation regarding the Species of Special Concern (SSC). Mitigation or rehabilitation measures were not addressed which ultimately did not make this option feasible.

The housing proposed in the south easterly direction, adjacent to the large forest area (without the proposed 40 m buffer) in the Infrastructure layout (Appendix C3), would ultimately lead to the disturbance of the natural forest areas as well as triggering adverse impacts to the surrounding ecological corridors. The impacts also associated with the proposed film studio, will trickle down to the surrounding forest areas, predominantly as it will draw more individuals (hereby increasing traffic and noise) causing a significantly larger disturbance. Given that this alternate layout did not consider the Ecological Specialists recommendations and the Wetlands Specialists recommendations, the increased adverse Impacts projected on the forest areas and surrounding wetland and riparian areas, this alternative was not supported by Wallace and Green.

Alternative A4 – Development of the site without the consideration of environmental buffers and not considering specialist recommendations inclusive of a 15-storey Signature building.

Figure 6: Illustrating Alternative A4 of the proposed Sibaya Precinct Node 6 development

With reference to the Concept Site Drawing of the layout Alternative A4 (Refer to Appendix C4), the layout consists of Residential, Retirement, Retail, Mixed use, Commercial, Conservation, Sports and Recreation and an Iconic structure.

There is no consideration of buffers for the forest, wetland and riparian areas in the Alternative A4 development plan. The proposed infrastructure layout encroached onto the wetlands and buffers;

encroachment into the forest areas would ultimately result in the loss of more indigenous vegetation as well as a much larger disturbance to the surrounding wildlife.

The overall visibility of the project area from various viewpoints is largely dependent on the presence and positions of screening elements, including the CBA. The proposed iconic structure will be located to the north of the development site, the structure is anticipated to be a 50-storey building. The height from the proposed 50-Storey Iconic Structure will invade on the privacy of the Umdloti residents, more specifically on the residents from Bellamont Road. Potential visual impacts during the construction phase are related to temporary works, site activity, and vehicular movement within and around the site. Vehicular movement may increase in the immediate area, and temporary vertical elements such as cranes, scaffolding, site fencing/hoarding, gates, plant and machinery will be required and put in place.

Given that this alternate layout did not consider the Ecological Specialists recommendations and the Wetlands Specialists recommendations, the increased adverse Impacts projected on the forest areas and surrounding wetland and riparian areas, this alternative was not supported by Wallace and Green.

(d) The technology to be used in the activity; All construction activities (building works / geyser and plumbing installations) will be in line with the National Building Regulations and Building Standards together with the Occupational Health and Safety regulations. No other technology alternatives have been investigated at this stage. All bulk services (water, electricity, sewage) are available within close proximity to the site and the development will be linked with existing infrastructure.

The developer has taken into account the various technologies available such as water harvesting and energy efficiency. It should be noted that consideration will be given to water and energy saving devices, where applicable, and measures such as rainwater harvesting, as well as grass-topped roofs, the use of local timber and locally supplied concrete for flooring all form part of implementing green building principles to the design of the development.

(e) The operational aspects of the activity; and The operational aspects relate to the daily operations of the Sibaya Node 6 precinct i.e. utilising the available facilities; and the operations of a residential development such as waste management, storm water management and spillages due to leaks.

No other alternatives were deemed feasible or applicable to this development project. Management measures relating to the operational aspects of the Sibaya Precinct development, e.g. stormwater management, waste management, protection of wetlands and forest areas has been addressed as per the EMPr (Appendix G – EMPr).

(f) The option of not implementing the activity. The no-go alternative implies that the status quo remains, and the proposed Sibaya Precinct Node 6 will not be developed. In line with the principles of Sustainable Development, this is not considered to be desirable from various economic and social aspects (and together with the environment, these are the pillars of sustainable development). By not developing the land, it is likely that the property would become subject to land invasions and unauthorised dumping, specifically in the forest area, contributing to the degradation of the land.

The proposed site is furthermore situated in the heart of a rapidly expanding and growing region of both the City and the Province, being strategically situated between the City center and King Shaka International Airport and adjacent to the N2 National Highway. As such it falls within the Province’s key development corridors, between Durban and Richard Bay where development and investment are being

targeted and facilitated. Allied to this is the continued economic growth of the city and country which in order to sustain and enhance this growth, it can be argued requires the continued provision of new development opportunities and initiatives.

From an environmental perspective, the positive impacts of the “no go” alternative will be that the D’MOSS protected area will not be disturbed. However, the site will remain transformed if not managed efficiently and the potential of alien invasive species invasion would dramatically increase. Currently these alien invasive species are not being removed and if the development is not realised then this would increase the infestation and thus impacting on the indigenous species. The development with the use of the Wetland Rehabilitation Plan - Appendix D will assist in rehabilitating wetlands that have been degraded. Lastly, as the applicant is proposing to retain and restore ecological corridors as part of the development, not developing the site will mean that this enhancement to ecological functioning will not be realised.

From a social perspective, if the development is not realised;

• Potential temporary and permanent employment opportunities (which can be offered to the local community) will not be realised if the development is not approved.

From an economic perspective, if the ‘no-go ’is implemented;

• The proposed development is aligned with the planning initiatives for the area and is therefore considered a viable and sustainable development that will contribute to regional economic growth. The economic profile of the general area will remain unchanged and will not be improved.

• It is envisaged that property values will increase at a gradual rate over several years and potential investments into Local Economic Development as a result of the Sibaya Precinct Development, however, if not realised this will not materialise. Furthermore, opportunities to existing business and emerging business which rely on tourist and business travelers arriving to the area, will not be realised.

The main conclusion from the aforementioned is that a no development option will have adverse socio- economic and environmental consequences. With no rehabilitation measures and limited management of invasive alien plants on site. The need for development must be evaluated in terms of the NEMA principles, inclusive of sustainable development, taking into consideration the low-medium negative environmental and ecological impacts due to development, as well as positive socio-economic impacts as mentioned. Therefore, the no-go option is not supported from the holistic sustainability perspective.

1.5 Project Locality as per Section 3(b) (i) – (iii) 2014 EIA Regulations, Appendix 1- 3(b) the location of the activity, including: (i) the 21 Surveyor General code of each cadastral land parcel.

Table 4 : Location of the Proposed Activity

District Municipality eThekwini Ward 58 Local Municipality eThekwini Ward 58 Ward 58 Area / Town / Village Umdloti Property Description Sibaya Precinct Node 6, Umdloti

Site Alternative Alternative: Latitude (S): Longitude (E): Alternative S11 (preferred or only site alternative) 29o 39‘ 27.75” 31o 07’ 03.30”

Design or Layout Alternative Indicate the physical size of the preferred activity/technology as well as alternative activities/technologies (footprints):

Alternative: Size of the activity: Alternative A12 (preferred activity alternative) 173.45 ha Alternative A2 173.45 ha Alternative A3 173.45 ha Alternative A4 173.45 ha

Indicate the size of the alternative sites or servitudes (within which the above footprints will occur):

Alternative: Size of the site/servitude: Alternative A1 (preferred activity alternative) 126.69 ha Alternative A2 112.57 ha Alternative A3 120.57 ha Alternative A4 115 ha

1.6 Site Access Does ready access to the site exist? YES NO If NO, what is the distance over which a new access road will be built Describe the type of access road planned: Accessibility to the Southern and Northern portions of the site is via the Main Road i.e. M27 and Sugar Cane Road. A network of gravel farm service roads traverses the site. The M4 and Bellamont Road define the north-western and south-eastern site boundaries. The M27 and the Umdloti River define the south-western and north-eastern site boundaries respectively.

Include the position of the access road on the site plan and required map, as well as an indication of the road in relation to the site.

1 “Alternative S..” refer to site alternatives. 2 “Alternative A..” refer to activity, process, technology or other alternatives.

Figure 7: Map illustrating the access roads for the proposed Sibaya Precinct Node 6 development

Figure 8: Locality map for the proposed Sibaya Precinct Node 6 development

1.7 Zoning and Land Use Rights What is the land currently zoned for? Sugar cane cultivation (dryland and irrigated); Wastewater treatments; and Rural settlements. Will any person’s rights be negatively affected by the proposed activity/ies? YES NO

Will the activity be in line with the following? The Provincial and Local Spatial Development Framework YES NO The Provincial and Local Integrated Development Framework YES NO The Provincial Environmental Management Framework YES NO

The Provincial Planning Commission has recently released its Provincial Growth and Development Strategy (PGDS) and Plan (PGDP) that provide a very clear roadmap towards what is required to be done to achieve the Province’s key objectives. The Province’s vision is encapsulated in the following words – “A prosperous province with a healthy, secure and skilled population, acting as a gateway to Africa and the world.”

The PGDS is the primary strategy driving growth and development in the Province and the PGDP is the implementation plan based on the strategic objectives that have been identified. These strategic objectives include, amongst others – job creation, human and community development, strategic infrastructure and spatial equity. These objectives are then broken down into strategic goals for implementation. Significantly, there is an explicit recognition of the importance of and need to promote agriculture and rural development whilst at the same time there is a recognition of the need to leverage off investments made into the iDube TradePort, King Shaka International Airport and the northern (and western) corridors of the Province.

In terms of the KZN Provincial Spatial Economic Development Strategy (PSEDS), Node 6 is located in the eThekwini – Umhlatuze Corridor (Provincial Corridor PC1). This PSEDS has been adopted by the KwaZulu Natal Cabinet. The potential for industrial development in the province is anchored in the nodes of eThekwini and Umhlatuze. This will be west of, and north along the N2. This development will also require corresponding residential support.

As part of the IDP SDF package of plans, the eThekwini Municipality has adopted two Local Area Plans (LAPs) that are directing new growth and development decisions in the northern region of the municipality. The Northern Urban Development Corridor Plan (NUDC) is a combination of the 3 Local Area Plans for the inland portion of the corridor. The NUDC is from Phoenix in the south to Tongaat in the north and includes the region surrounding the iDube TradePort and King Shaka International Airport as part of an emerging aerotropolis. The NUDC presents an ultimate land use plan for the inland portion of the corridor to be developed over a long period of time into the future. This northern region represents the primary area for the growth of the city and the land use plan clearly indicates the desired future uses but also, significantly, indicates the Urban Development Line wherein development has to occur. To the west of this line the remainder of the municipality is reserved for existing agricultural and related uses.

There is also a Coastal Local Area Plan for the coastal strip between the Ohlanga River and Tongaat River. Similarly, to the NUDC, this LAP indicates desired future land use for the coastal strip to the east of the N2. Both plans clearly demonstrate the strategic future direction of the municipality within the Province’s primary growth corridor.

1.8 Water Use and Bulk Service Availability Please indicate the source(s) of water that will be used for the activity. The site will be serviced by the Waterloo Reservoir. The peak water demand will be 149.293l/s (including fire flow). A water connection point will be available on the southern side of the site. The bulk supply pipe is a 500mm diameter pipe with sufficient capacity to service the site. The relevant service level agreement will be available in the Final Basic Assessment Report.

If water is to be extracted from groundwater, river, stream, dam, lake or any other natural feature, please indicate the volume that will be extracted per month: Not Applicable

Does the activity require a water use authorisation (general authorisation or water use license) from the Department of Water & Sanitation? Please provide proof that the application has been submitted to the Department of Water & Sanitation. Yes. The proposed development also triggers a Section 21(c) and (i) water use under the National Water Act, 1998 (Act No. 36 of 1998 (NWA) as it may alter the characteristics of a wetland. Crecora Investments will be submitting a water use licence application to the Regional Department of Water and Sanitation (DWS) under the Water Use Licence Application and Appeals Regulation, 2017. Proof of submission will be appended in the Final Submission.

Are the necessary services with adequate capacity currently available (at the time of application), or must additional capacity be created to cater for the development? (Confirmation by the relevant Municipality in this regard must be attached to the final Basic Assessment Report as an Appendix.)

The Applicant is currently in consultation with the relevant Municipal Departments within eThekwini regarding the bulk services required for the development. The confirmation from the relevant Municipality will be attached to the final BAR as required.

1.9 Energy Efficiency Describe the design measures, if any, which have been taken to ensure that the activity is energy efficient.

In terms of energy efficiency, the proposed development should be undertaken during normal working hours to reduce the use of artificial lighting. Additionally, the contractor will be advised to transport all construction materials on site at the same time where possible, and the collection of waste material conducted simultaneous with other activities to reduce the amount of fuel usage for such transportation. Waste management methods (i.e. recycling and reusing), as well as water and biodiversity conservation measures and sourcing local materials are recommended and are included in the EMPr.

Describe how alternative energy sources have been considered or been built into the design of the activity, if any.

• All light fittings will be of the LED technology type. • Consideration will be given to solar powered LED street lighting. • Light fittings will be connected to day/night (photocell) switches and/or timers to reduce energy usage.

• Occupancy sensors will furthermore be used to reduce energy usage. • The bulk electrical load estimate is based upon energy efficient equipment such as gas stoves, hobs, heat pumps, inverter type air conditioning units, etc. • Consideration has been given to solar power energy harvesting in 2 x bulk areas within the development. • Consideration has been given to solar power energy harvesting upon the roofs of the “Offices” buildings. • Consideration has been given to solar power energy harvesting upon the roofs of the “Retail” buildings. • Consideration will furthermore be given to solar power energy harvesting upon the roofs of the residential dwelling units.

SECTION 2: SITE DESCRIPTION OF SURROUNDING LAND USE AS PER SECTION 3(H) (IV) AND (K) 2014 NEMA EIA Regulations (as amended), Appendix 1- 3(H) a full description of the process followed to reach the proposed preferred alternative within the site, including (iv) and 3 (K) a summary of findings and impact management measures identified in any specialist report complying with Appendix 6 to these regulations and an indication as to how these findings and recommendations have been included in this report.

2.1 Topography and Biophysical Environment The Sibaya Precinct Node 6 development is located inland of Umdloti Beach on the North Coast within the eThekwini Municipality. The site is undulating with rounded hilltops and ridge lines separated by broad, moderately sloping valleys and valley heads. Elevation ranges from around 130 m down to 58 m average mean sea level (amsl). Mean average slope is approximately 12% and a maximum slope of 30%.

The study area is located within the Critically Endangered Northern Coastal Grasslands, and Interior North Coast Grasslands. According to Mucina and Rutherford, there are two vegetation types: KwaZulu Natal Coastal Belt Grassland and Northern Coastal Forests within the Sibaya Node 6 site. Historical imagery indicates that the full site was completely cleared in the past, so any existing dune forest is secondary in nature (at least 37 years old). In terms of topography, the site displays undulating terrain resembling a former dune landform. Interdunal valley depressions drain the site towards the north and east respectively. Generally, the site is gently to moderately sloped, displaying westerly and northeasterly slope aspects, the central to eastern portion of the site overlooks the floodplain of the Umdloti River. The Ecological assessment found that due to the prominent dune system and undulating topography the hilltop developments are unlikely to significantly obstruct any sensitive views. Over the past seven years the average yield on Node 6 has varied significantly between 42 and 65 t ha-1 annum-1. Majority of the soils are Clansthal Series (87%) and whilst these have very good soil water characteristics, they become droughty in low rainfall seasons resulting in depressed yield.

Photographs taken within the project areas showing the surrounding topography are included in the sections below:

Eastern view of Sibaya Precinct Node 6 Northern view of Sibaya Precinct Node 6

Western view of Sibaya precinct Node 6 South Western view of Sibaya Precinct Node 6

Western view of Sibaya Precinct Node 6 Southern view of Sibaya Precinct Node 6

Figure 9: Collage of photos showing the surrounding topography.

Drone Images of the Northern view from the proposed 15-Storey Signature Building

Drone images of the North Easterly view from the proposed 15-Storey Signature Building

Drone images of the South Easterly view from the proposed 15-Storey Signature Building

Figure 10: Collage of photos illustrating the Viewsheds for the proposed 15-Storey Signature Building.

From figure 10, it is illustrated that the view towards Umdloti from the 15th Floor of the proposed 15-Story Signature Building indicates no invasion of privacy.

2.2 Fauna, Flora and Associated Vegetation 2.2.1 Fauna The Animal Demography Unit (ADU) was used to produce a list of each group of fauna for the Quarter Degree Square (QDS) into which the Sibaya Node 6 site falls, and a list of recorded species for each group produced. It is likely that many, although not all, of these species will be found in or around the Sibaya Precinct Node 6 site.

The taxa listed include amphibians, reptiles, avifauna and mammals. • 39 Mammal species • 254 Bird species • 28 species of frogs • 33 Reptile species

Of the mammal species recorded from the area, 10 are rodent species from the family Muridae, mongooses are well represented with 4 species from the Herpestidae family, and buck recorded from the area include 5 species of the Bovidae family. It is likely that the spoor (track or scent of an animal) recorded from the site are from a duiker species. Vervet monkey (Chlorocebus pygerythrus) spoor were recorded from the site, as well as mole hills most likely belonging to the Southern African Mole Rat (Cryptomys hottentotus).

Avifauna, with 252 recorded species include 70 families, which include the most common: • Accipitridae (eagles), with 13 species; • Cistocolidae (cisticolas), with 12 species; • Muscicapidae (flycatchers), with 11 species; • Ploceidae (weavers), with 16 species; and • Malaconotidae (bush-shrikes), with 8 species.

Amphibian species are represented by 9 families primarily from Hyperioliidae (12 species) and Pyxicephalidae (5 species). Reptiles include (11) families the most common of which are the Lamprophiidae (8 species), the Scincidae (7 species) and the Colubridae (6 species).

2.2.2 Flora Overall, the expected (POSA and Mucina and Rutherford) and recorded species list includes 180 species that occur in the region of the Sibaya Node 6 site. It is not possible for all of these species to occur in the relatively small area of the study site, and thus only comparatively small number of species (98) were recorded from the site and, as can be seen in Appendix 1 of the Ecological Report, many of them invasive alien species. The most common families expected and recorded in the study area include:

• Poaceae (Grass family), with 16 species; • Asteraceae (Daisy family), with 12 species; • Fabaceae (Pea family), with 12 species; • Apocynaceae (Dogbanes), with 9 species; • Rubiaceae (Coffee family), with 6 species; and • Sapotaceae (Heathers), with 6 species.

2.2.3 Vegetation The proposed development extended of three vegetation unit types at a desktop level namely; KwaZulu-Natal Coastal Belt Grassland, Northern Coastal Forest and Mangrove Forest (Figure 7). The conservation status of these vegetation types are endangered (SANBI, 2011).

Figure 11: Map illustrating the vegetation on the site and surrounding areas.

Much of the site comprised of sugar cane plantations, with three other vegetation communities present. Wind breaks have been planted between the cane fields in the form of Casuarina equisetifolia trees and associated secondary trees and shrubs that had grown along these breaks, primarily alien invasive species. An area of riparian forest is present adjacent to the M27 to the south of the site, and the coastal forest is present on the eastern edge of the site, with a small patch of coastal forest in the center to the north of the site. No construction is planned for forest areas. The vegetation types of the study are briefly described as indicated in Table 5.

Table 5: Vegetation communities of the Sibaya Node 6 study site

Vegetation Sub-community Description Community Sugar cane fields A monoculture, no real floral biodiversity contribution. Faunal contribution - acting as a corridor for faunal movement and foraging area for insect-eating birds and small mammals and associated predators.

Functional Wind breaks These are generally the same, with windbreaks differing Vegetation only in the planting of Casuarina equisetifolia along the sides of cane field to act as a wind break.

All other vegetation composition is similar, with a mix of indigenous and alien species, usually mostly alien forming an impenetrable thicket. This vegetation approximates that described by Kinvig (2018) for the area.

Road-side trees and Common species include the aliens Schinus shrubs terebinthifolius, Lantana camara, Chromolaena odorata, and Cestrum laevigatum. Common indigenous species of these areas included the dominant Brachylaena discolour, along with other dominants Deinbollia oblongifolia, Euclea natalensis subsp. natalensis, and Allophylus natalensis.

The protected tree Mimusops caffra and provincially protected geophyte Scadoxus puniceus also occur in these tree lines and permits are needed from DAFF and Ezemvelo KZN Wildlife respectively for any damage or removal of these species Forest Dune Forest Dune forest occurs on the eastern edge of the site and would be contiguous with the dunes of the beach prior to the construction of various houses and holiday flats along the coast. The soils are effectively beach sand and support dune forest. This forest is secondary; however, historical imagery places the age at least 36 years old. Considering the successional nature of dune-associated vegetation communities, it is possible that this forest now approximates primary forest of the same region. Nevertheless, dune forest in the region is Critically Endangered and this area forms part of a CBA and D’MOSS and thus must be retained as natural forest.

Please refer to Appendix D: Specialist Reports, Ecological Report dated, October 2019.

2.3 Wetland Environment The proposed development comprised of a total of twenty watercourses, eighteen wetland systems and two riverine systems. It was determined that six wetland systems and two riverine systems will be impacted upon by the proposed development.

The wetlands systems that will be impacted upon by the proposed development are UVB01, Seep01, Seep02, Seep03 and Seep04, whereas the riverine systems that will be impacted upon by the proposed development are Rip01 and Rip02, both B channel streams, respectively.

Figure 12: Map illustrating the calculated buffer segments for the wetlands delineated within the 500 m assessment radius

A 26 m buffer around the delineated wetland/riparian areas has been incorporated within the preferred layout as per specialist recommendation. This will maintain the integrity of the wetland environments in its current state. Additionally, any unauthorised, or potentially detrimental activities, which occur in the direct vicinity, or upstream, of the watercourse should be rehabilitated according to the site EMPr, and preventative or mitigation strategies.

Please refer to Appendix D: Specialist Reports, Wetland Delineation and Functionality Assessment dated July 2019.

2.4 Geology and Soils The general area of the site and immediate north-eastern surrounds are underlain by aeolian deposits of the Berea Formation and imbedded sedimentary rocks of the Ecca Group. The aeolian deposit were generally observed as slightly moist, light orange grey to light orange brown, loose, fine to medium grained, silty

sand/slightly moist, dark orange red to dark reddish brown, loose to medium dense, fine to medium grained, clayey sand.

At the positions profiled, the site was observed to be predominantly underlain by aeolian deposits of the Berea Formation, overlain by a veneer of colluvium and occasional localised pockets of fill material. Sandstone bedrock of the Ecca Group was observed to occur at a single inspection position near the northeastern site boundary. A veneer of residual sandstone and colluvium overlies the sandstone bedrock. Please refer to Appendix D: Specialist Reports, Geotechnical Report Assessment dated May 2018.

2.5 Hydrology Located approximately 9 km northeast of Umhlanga, KwaZulu-Natal Province, the site lies within quaternary catchment U30B of the Pongola-Mtamvuna Water Management Area (WMA-4). The Mean Annual Precipitation (MAP), Mean Annual Symons Pan Evaporation (MAE) and natural Mean Annual Runoff (MAR) for the study area are 982 mm, 1 200 mm, and 72 mm (9.3% of MAP), respectively and these data were derived from the South African Water Resources 2012 study (WR2012). Please refer to Appendix D: Specialist Reports, Hydrological Assessment dated September 2019.

Figure 13: 1:50 and 1:100-year floodlines for the tributaries adjacent to the proposed Sibaya Node 6 development area

The 1:50 and 1:100-year floodlines were modelled for the two tributaries adjacent to the proposed Sibaya Node 6 development site. Hydraulic parameters and runoff coefficients used in the hydraulic modelling of the floodlines assumed that the area is fully developed and has an effective stormwater management plan in place to attenuate and route stormwater generated from the area. The other proportion of the area was assumed to remain unchanged from the current land use and land cover perspective. Figure 9 illustrates that the 1:100-year flood peaks for Catchment 1 do not pose any flooding risk to the infrastructure as it falls outside of the 1:100-yr

flood line. For the protection of riverbanks and riparian ecosystems, it is, however, a common practice to keep development a minimum of 32 m away from the riverbanks. Please refer to Appendix D: Specialist Reports, Hydrological Assessment dated September 2019.

2.6 Cultural / Historical Features Are there any signs of culturally or historically significant elements, as defined in YES NO section 2 of the National Heritage Resources Act, 1999, (Act No. 25 of 1999), including archaeological or paleontological sites, on or within 20m of the site?

If YES, contact a specialist recommended by AMAFA to conduct a heritage impact assessment. The heritage impact assessment must be attached as an appendix to this report.

Umlando Archaeological Surveys undertook a heritage survey of the proposed Sibaya Precinct Node 6 development. The heritage survey recorded eleven archaeological sites. Eight of these occur on the main hill and could be part of the same site, or different sites through time.

Briefly explain the recommendations of The entire development is located on highly sensitive the specialist: paleontological formations. Any excavations deeper than 1.5m will require a qualified paleontologist to inspect the excavations.

A permit to destroy/damage archaeological and paleontological sites will be required before development begins. This is a legal requirement.

On-site monitoring will be undertaken for these sites as well, in case human remains are exposed during construction. Will any building or structure older than 60 years be affected in any way? YES NO

Is it necessary to apply for a permit in terms of the National Heritage Resources Act, YES NO 1999 (Act 25 of 1999)? If YES, please submit the necessary application to AMAFA and attach proof thereof to this report. An application was lodged via SAHRIS based on the proposed development. Please refer to Appendix J - Proof of Amafa Application.

2.7 Socio-economic Environment

What is the expected capital value of the activity on completion? Approximately R7.6 billion What is the expected yearly income that will be generated by or as a R1.7 billion result of the activity? Will the activity contribute to service infrastructure? YES NO Is the activity a public amenity? YES NO How many new employment opportunities will be created in the Employment of qualified and development phase of the activity? existing contractors. Project will contribute to continued employment by contracting firms New skilled employment opportunities created in the construction phase 2645 of the project New skilled employment opportunities created in the operational phase 606 of the project New un-skilled employment opportunities created in the construction 10580 phase of the project

New un-skilled employment opportunities created in the operational 909 phase of the project What is the expected value of the employment opportunities during the Approximately R20 billion operational and construction phase?

2.8 Surrounding Environment and Land Uses Cross the land uses and/or prominent features that currently occur within a 500m radius of the site and give a description of how this influences the application or may be impacted upon by the application:

Land use character Description Natural area YES NO The site area encompasses an estuary, wetlands systems, river-riparian systems and forest areas. Low density residential YES NO Medium density residential YES NO There are housing developments situated adjacent to the Sibaya Precinct Development. High density residential YES NO There are housing developments situated adjacent to the Sibaya Precinct Development. Informal residential YES NO Retail commercial & warehousing YES NO Sibaya Casino and the construction of Node 1 and 5. Light industrial YES NO Medium industrial YES NO Heavy industrial YES NO Power station YES NO Office/consulting room YES NO Military or police YES NO Police station located at the King Shaka base/station/compound International Airport Spoil heap or slimes dam YES NO Quarry, sand or borrow pit YES NO

Dam or reservoir YES NO Umdloti Reservoir located along Bellamont road, adjacent to the site Hospital/medical centre YES NO There is a physiotherapy facility located immediately outside the 500 m boundary. School/ crèche YES NO ADvTECH School is located outside the 500 m boundary. Tertiary education facility YES NO The proposed construction of the college is planned for Node 3. Church YES NO Global impact Ministries and Spiritual Dictionary located immediately outside the 500 m buffer. Old age home YES NO Sewage treatment plant YES NO The eThekwini Verulam Wastewater plant is situated nearby to the Sibaya Precinct Development. Train station or shunting yard YES NO

Railway line YES NO Major road (4 lanes or more) YES NO M4 and M27 is located within the 500 m assessment radius and the N2 is in close proximity to the project site. Airport YES NO The King Shaka International Airport is located in close proximity to the project site. Harbour YES NO Sport facilities YES NO Golf course YES NO Polo fields YES NO Filling station YES NO The Sibaya Circle BP Filling station is located in close proximity to the Sibaya Precinct Development. Landfill or waste treatment site YES NO Plantation YES NO Agriculture YES NO Sugar cane cultivation. River, stream or wetland YES NO It was determined that the proposed development consisted of a total of twenty watercourses, eighteen wetland systems and two riverine systems. It was determined that six wetland systems and two riverine systems will be impacted upon by the proposed development. Nature conservation area YES NO Mountain, hill or ridge YES NO Museum YES NO Historical building YES NO Two sets of buildings were noted in the study. The buildings do not appear on the 1937 photograph but do occur on the 1969 topographical map. The buildings are thus recent in age and most likely do not fall under the 60-year protection clause. Protected Area YES NO The project site has been demarcated as Durban Metropolitan Open Space System (D’MOSS) area by the eThekwini Municipality as a result of the ecological corridors and biodiversity value of the area. The study area also contains a portion of CBA listed as irreplaceable. Graveyard YES NO Archaeological site YES NO As per the HIA, the heritage survey recorded eleven archaeological sites. Eight of these occur on the main hill and could be part of the same site, or different sites through time. The entire development is located on highly sensitive paleontological formations.

Other land uses (describe) YES NO The Umdloti Beach is walking distance from the site.

2.9 Nuisance Considerations Solid waste management Will the activity produce solid construction waste during the construction/initiation phase? YES NO If yes, what estimated quantity will be produced per month? 320m3 How will the construction solid waste be disposed of? (describe) Waste hierarchy would be applied when managing construction waste. The first objective will be to reuse and recycle as much waste as possible and whatever cannot be reused or recycled will be disposed of at one of the registered licensed DSW landfills. Recycling to be done by approved recyclers.

Waste skips/bins will be provided throughout the construction working servitude with separate skips/bins made available for road construction debris and solid waste. The waste will be recycled or reused whenever possible and the rest disposed to the registered waste disposal site, to avoid the pollution of surrounding areas. Small amounts of hazardous waste such as discarded oil or grease may be generated on site. Hazardous waste will be disposed of at an appropriately licensed and registered hazardous waste disposal facility. Waste management will be dealt with more extensively within the EMPr for the relevant phases of the project. Where will the construction solid waste be disposed of? (provide details of landfill site) Solid Waste will be disposed of at a registered licensed landfill. Site specific details will be provided in the Final BAR. The general waste produced will be disposed at the relevant registered Municipal waste facility. In the unlikely event that hazardous wastes are produced these will be collected by a competent waste handling contractor and disposed of at the nearest licensed general waste disposal facility which is the closest to the site. Will the activity produce solid waste during its operational phase? YES NO If yes, what estimated quantity will be produced per month? 10m3 How will the solid waste be disposed of? (provide details of landfill site) All waste will be collected and disposed of at an approved waste disposal and/or recycling facility. Where possible, waste will be reused or recycled. Non-recyclable solid waste will be disposed of at the nearest licensed general waste disposal facility via the municipal collection system. Solid Waste will be disposed of at a registered licensed landfill. Site specific details will be provided in the Final BAR. 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 the further requirements of the application. Can any part of the solid waste be classified as hazardous in terms of the relevant YES NO legislation? If yes, contact the KZN Department of Economic Development, Tourism & Environmental Affairs to obtain clarity regarding the process requirements for your application. Is the activity that is being applied for a solid waste handling or treatment facility? YES NO If yes, contact the KZN Department of Economic Development, Tourism & Environmental Affairs to obtain clarity regarding the process requirements for your application.

Liquid effluent Will the activity produce effluent, other than normal sewage, that will be disposed of in a YES NO municipal sewage system? If yes, what estimated quantity will be produced per month? N/A m3 Will the activity produce any effluent that will be treated and/or disposed of on-site? Yes NO If yes, contact the KZN Department of Economic Development, Tourism & Environmental Affairs to obtain clarity regarding the process requirements for your application. Will the activity produce effluent that will be treated and/or disposed of at another facility? YES NO If yes, provide the particulars of the facility: - N/A Facility name: - Contact person: - Postal address: - Postal code: - Telephone: - Cell: - E-mail: - Fax: - Describe the measures that will be taken to ensure the optimal reuse or recycling of wastewater, if any: -

Emissions into the atmosphere Will the activity release emissions into the atmosphere? YES NO If yes, is it controlled by any legislation of any sphere of government? YES NO If yes, contact the KZN Department of Economic Development, Tourism & Environmental Affairs to obtain clarity regarding the process requirements for your application. If no, describe the emissions in terms of type and concentration: Limited dust liberation and emissions during construction phase due to the off-loading of construction materials, such as sand and cement, movement of construction vehicles and clearing. Emissions generated will be in the form of dust, carbon dioxide and other vehicle emissions generated by diesel powered machinery and trucks during the construction process i.e. tip trucks, TLB‘s, excavators and dust from the movement of the construction vehicles. These emissions will be composed primarily of CO2 and will be of a low concentration. In addition, proper maintenance of vehicles will mitigate high concentrated vehicle emissions. Dust generation can be mitigated by either water spraying and / or dust suppressants or by minimising the area that is cleared and re-vegetating exposed areas as quickly as possible. The speed of construction vehicles and other vehicles should be strictly controlled to avoid excessive dust generation.

Generation of noise Will the activity generate noise? YES NO If yes, is it controlled by any legislation of any sphere of government? YES NO If yes, the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. If no, describe the noise in terms of type and level:

▪ During the construction phase noise associated with normal construction activities i.e. vehicles, generators and plant equipment will be used on the site. ▪ However, construction activities will as far as possible be limited to normal working hours (between 7am and 5pm). Noise levels are to be kept within the legislated limits for the area, in accordance with the requirements of the relevant national and local noise control statutes. ▪ Other noise disruptions could potentially be experienced during the construction phase through activities such as drilling. This will be a temporary disturbance and it the ambient noise generated is expected to be well below 85 dBA (Occupational Health and Safety Act, 1993; Environmental Regulations for Workplaces, 1987, Noise and Hearing Conservation from SABS 083-1983) at potential receptor sites. ▪ Measures to minimise noise generation during construction are contained in the EMPr. ▪ Activities must be in accordance with the Local Municipality by-laws.

SECTION 3: POLICY AND LEGISLATIVE FRAMEWORK 2014 NEMA EIA Regulations (as amended), appendix 1- 3(e) a description of the policy and legislative context within which the development is proposed including – (i) an identification of all legislation, policies, plans, guidelines, spatial tools, municipal development planning frameworks, and instruments that are applicable to this activity and have been considered in the preparation of the report (ii)

3.1 Identification of All Legislation, Policies, Plans, Guidelines, Spatial Tools, Municipal Development Planning Frameworks and Instruments as per Section 3(e)(i) and Compliance of Proposed Activity with Legislation and Policy 3(e)(ii)

Legislation Section Relates to The Constitution Chapter 2 Bill of Rights. (No 108 of 1996) Section 24 Environmental rights. National Environmental Section 2 Defines the strategic environmental management goals and Management Act objectives of the government. Applies through-out the (No 107 of 1998 [as Republic to the actions of all organs of state that may amended]) significantly affect the environment. Section 24 Provides for the prohibition, restriction and control of activities which are likely to have a detrimental effect on the environment. Section 28 The developer has a general duty to care for the environment and to institute such measures as may be needed to demonstrate such care. Section 30 Deals with the control of emergency incidents, including the different types of incidents, persons responsible for the incidents and reporting procedures to the relevant authority. National Environmental Provides for specific waste management measures and the Management: Waste Act remediation of contaminated land. (No 59 of 2008) Regulations for waste management licensee activities National Environmental Provides for the management and conservation of Management: Biodiversity biodiversity, protection of species and ecosystems, and Act (No 10 of 2004) sustainable use of indigenous biological resources – provisions re alien and invasive species? Threatened or protected species (GN 388) Lists of species that are threatened or protected (GN 389) Alien and invasive species regulations (GNR 506) Publication of exempted alien species (GNR 509) Publication of National list of invasive species (GNR 507) Publication of prohibited alien species (GNR 508) Conservation of Agricultural The objects of this Act are to provide for the conservation of Resources Act, 1983 (Act the natural agricultural resources of the Republic by • the No. 43 of 1983) maintenance of the production potential of land, by the combating and prevention of erosion and weakening or

destruction of the water sources, and by the protection of the vegetation and the combating of weeds and invader plants. Section 5 details measures for the prohibition of the spreading of weeds. National Environmental Section 32 Control of dust Management: Air Quality Section 34 Control of noise Act (No 39 of 2004) Section 35 Control of offensive odors National Heritage Section 34 No person may alter or demolish any structure or part of a Resources Act structure which is older than 60 years without a permit (No 25 of 1999) and issued by the relevant provincial heritage resources regulations authority. Section 35 No person may, without a permit issued by the responsible heritage resources authority destroy, damage, excavate, alter, deface or otherwise disturb any archaeological or paleontological site. Section 36 No person may, without a permit issued by the South African Heritage Resource Agency (SAHRA) or a provincial heritage resources authority destroy, damage, alter, exhume, remove from its original position or otherwise disturb any grave or burial ground older than 60 years which is situated outside a formal cemetery administered by a local authority. "Grave" is widely defined in the Act to include the contents, headstone or other marker of such a place, and any other structure on or associated with such place. Section 38 This section provides for Heritage Impact Assessments (HIAs), which are not already covered under the ECA. Where they are covered under the ECA the provincial heritage resources authorities must be notified of a proposed project and must be consulted during the HIA process. The Heritage Impact Assessment (HIA) will be approved by the authorising body of the provincial directorate of environmental affairs, which is required to take the provincial heritage resources authorities' comments into account prior to making a decision on the HIA. Occupational Health and Section 8 General duties of employers to their employees Safety Act Section 9 General duties of employers and self-employed persons to (No 85 of 1993) persons other than their employees National Water Act (No 36 Section 19 Prevention and remedying the effects of pollution of 1998) and regulations Section 20 Control of emergency incidents Section 21 Licenses for water use Hazardous Substances Act Provides for the definition, classification, use, operation, (No 15 of 1973) and modification, disposal or dumping of hazardous substances regulations National Veld & Forest Fire Provides for a variety of institutions, methods and practices Act to prevent and combat veld, forest and mountain fires. National Road Traffic Act Provides for controlling transport of dangerous goods, (No 93 of 1996) hazardous substances and general road safety Spatial Planning and Land Provides the framework for spatial planning and land use Use Management Act (No. management in South Africa at the different spheres of 16 of 2013). government and for the establishment, functions and operations of Municipal Planning Tribunals.

Occupational Health and Addresses occupational health and safety aspects Safety Act (No 85 of 1993) and regulations SANS 10103 (Noise The measurement and rating of environmental noise with Regulations) respect to annoyance and to speech communication KwaZulu-Natal Planning Strategic spatial development intentions for the municipality and Development Act, (No. based on the IDP and SDF, influenced by and in alignment 6 of 2008); with adjacent municipalities

KZN Nature Conservation Protected indigenous plants in general are controlled under Ordinance (Ordinance No. the relevant provincial Ordinances or Acts dealing with 15 of 1974) nature conservation. In KwaZulu-Natal the relevant statute is the 1974 Provincial Nature Conservation Ordinance. In terms of this Ordinance, a permit must be obtained from Ezemvelo KZN Wildlife to remove or destroy any plants listed in the Ordinance. KwaZulu Natal Heritage Act To provide for the conservation, protection and (Act 4 of 2008) administration of both the physical and the living or intangible heritage resources of the Province of KwaZulu- Natal; to establish a statutory Council to administer heritage conservation in the Province.

Table 6: Current Environmental Legislation Regulations and Guidelines Environmental Impact Assessment Regulations, 2014 (as amended). Internal Guideline: Generic Water Use Authorisation Application Process, August 2007 by DWA.

The General Policy on Environmental Conservation (January 1994).

DEA (2017), Guideline on Need and Desirability, Department of Environmental Affair (DEA), Pretoria, South Africa.

Department of Environmental Affairs (2017), Public Participation guideline in terms of NEMA EIA Regulations, Department of Environmental Affairs, Pretoria, South Africa.

Table 7: Current Municipal By-Laws By-Laws Draft Storm Water Management Bylaw, 2017 eThekwini Planning and Land Use Management By-law, 2016

Sewage Disposal Bylaw, 2016

Waste Removal Bylaw, 2016

Nuisance Bylaw, 2016

SECTION 4: MOTIVATION, NEED AND DESIRABILITY 4.1 Need and Desirability as per Section 3(f) Sibaya is considered a fast-emerging development precinct north of the city. It can easily be described as having become one of the most sought after and attractive development precincts in the province. The Sibaya Coastal precinct stretches over approximately 1000 Ha of coastal landscape. More than 50% of the site is natural forest and open space which adds to its uniqueness. Bordered by pristine beaches and featuring remarkable forests. On completion, the development will encompass seven nodes, each with its own character. All nodes will be inspired by common development and architectural language that resonates with the principles of sustainability and the aesthetic vision upon which Sibaya Coastal Precinct is premised.

Sibaya is extremely well connected to the outside world, having proximity to both the N2 and M4 highways. This makes the Precinct accessible to Durban (23km), Umhlanga (4km) and King Shaka International Airport (7km).

The seven nodes are integrated into a single destination via a green boulevard and an extensive open space network, which also gives access to a breath-taking stretch of coastline. These open public areas are accessible to visitors and residents alike, while being managed by a Management Association to ensure high standards of quality and safety are maintained.

Already well established in the Precinct is the Sibaya Casino and Entertainment World which is in the heart of the Sibaya Precinct midway between the N2 and M4 which has good accessibility from both roads. The Casino development was the first phase of the Sibaya Precinct and has been developed with a real and valid expectation and need for the overall Precinct development to be unlocked and delivered in support of what the Casino has already been able to achieve. Significant investments have already been made into road infrastructure and bulk services to accommodate future development. Construction has already commenced on Node 1 and 5 with individual developments and bulk infrastructure construction.

The development potential of the Sibaya Precinct is significant, not only considering its strategic location and situation, but also considering the physical attributes of the land – the landscape, the easy accessibility, the high visibility, the prime sea views and the interface with a unique natural environment that includes river, estuary, wetlands and coastal forest systems. In planning Sibaya Coastal Precinct, a sensitive approach to the natural world was key, with over 60 percent of the land comprising green space. The preservation of the Sibaya Coastal Forest and rehabilitation of what was once sugarcane, will lead to accessible, interconnected trails and paths for walking, running and cycling.

The Sibaya Precinct not only represents a catalyst for the unlocking of massive new tourism potential in conjunction with the Sibaya Casino and Entertainment World, thereby adding substantially to the diversity of tourism plant in the eThekwini region, but it is also intended to provide residents of the region with a wonderful new area in which to live, trade and recreate.

In terms of the eThekwini Municipality’s 2017/2018 Spatial Development Framework, the Sibaya precinct is identified as a future residential and tourism/ recreation Node. In terms of transportation, the SDF also highlights the existing routes around the Sibaya precinct for road upgrades and integrated transport improvements as well as construction of proposed linkages.

Relating to economic development Nodes and corridors, Sibaya features as a Sports and MICE (Meetings, Incentives, Conferences, Convention and Exhibition) Node.

It is important to note that the current development framework proposals align to the eThekwini SDF proposals.

4.2 Motivation for the Preferred Site, Activity and Technology as per Section 3(g) The Sibaya Precinct Node 6 development will not happen in isolation, and without considering the developments from other neighbouring areas. Around Sibaya Precinct Node 6 there are other developments that are taking shape as well as existing socio-economic developments that exist. Facilities such as retail and recreational areas that will be established on the Sibaya Precinct Node 6 development will serve to give people in the neighbouring areas options of where to go, if they need to access such facilities. This kind of available options will play a crucial role in improving the lives of the local communities. Therefore, although the neighbouring socio-economic environment will be impacted by the Sibaya Precinct Node 6 mixed-use development, the overall impact will be positive for both the society and the economy. This socio-economic profile of the existing surrounding areas to Sibaya Precinct Node 6 indicates that the planned mixed-use development on the site will have positive impacts on the communities through job creation and local economic growth.

The Preferred Site for the proposed Sibaya Precinct Node 6 is the only alternative and is currently utilised for the cultivation of sugar cane, with the southern, south-western and south-eastern portions of the site densely vegetated with trees, shrubs and ground cover. The activity to be undertaken is the clearance of indigenous vegetation, the crossing of watercourses as well as the construction of a boundary fence. No alternative types of activities were considered feasible as the proposed development is deemed to be the most suitable land use for the site based on the Sibaya Precinct Plan.

All construction activities will be in line with the National Building Regulations and Building Standards together with the Occupational Health and Safety regulations. All bulk services (water, electricity, sewage) are available within close proximity to the site and the development will be linked with the existing infrastructure. The site will be serviced by the Waterloo Reservoir. A new 700m Bulk Waterline has been installed from the Waterloo Reservoir. A new sewer pump station has been constructed as part of the Node 1 and Node 5 development. This pump station will then pump sewage to the Phoenix Treatment works as an interim measure until such time that the Umdloti Waste Water Treatment Works is upgraded and operational. Green energy efficient methods to be implemented were listed as follows:

• All light fittings will be of the LED technology type; • Consideration will be given to solar powered LED street lighting; • Light fittings will be connected to day/night (photocell) switches and/or timers to reduce energy usage; • Occupancy sensors will furthermore be used to reduce energy usage; • The bulk electrical load estimate is based upon energy efficient equipment such as gas hobs, heat pumps, inverter type air conditioning units, etc; • Consideration has been given to solar power energy harvesting in 2 x bulk areas within the development; • Consideration has been given to solar power energy harvesting upon the roofs of the “Offices” buildings; • Consideration has been given to solar power energy harvesting upon the roofs of the “Retail” buildings; and • Consideration will furthermore be given to solar power energy harvesting upon the roofs of the residential dwelling units.

It is proposed that any loss of indigenous vegetation will be compensated by rehabilitating other sensitive and degraded areas within the site. In order to do so, buffers surrounding forests are recommended to reduce the anthropogenic impacts on forests. In order to ensure the continued health of the forest ecosystem on site, and the willingness of the proponent to manage the forest areas for conservation throughout the life of the development, it is considered that the 40 m would be acceptable provided certain management criteria are met. Furthermore, this buffer has been used throughout the Sibaya development thus far for all nodes. The proposed development will also incorporate an environmentally friendly fencing around the site development, which will ensure that the Forest areas are also protected.

It is recommended that the buffer zone, which was calculated for the at-risk watercourses which may potentially be impacted on by the proposed development utilising the DWS buffer zone tool (Macfarlane and Bredin, 2016)

be applied. The 26m buffer will be applied to the watercourses UVB01, Seep01, Seep02, Seep03, Seep04, Rip01, Rip02 during the construction phase and 15 m during the operational phase. The client has committed that no activities will occur or encroach of these buffers during any phase of the proposed development. In addition, a wetland rehabilitation plan was developed to ensure adequate rehabilitation activities around site, including wetlands that are currently degraded due to the concurrent activities on site.

Furthermore, the 1:50 and 1:100-year floodlines were modelled for the two tributaries adjacent to the proposed Sibaya Node 6 development site. The results show that the 1:100-year flood peaks for Catchment 1 do not pose any flooding risk to the infrastructure as it falls outside of the 1:100-year flood line.

It is the opinion of the EAP that the environmental impacts have been considered in the preferred layout and that there are no significant environmental impacts that cannot be mitigated against. The preferred layout Alternative 1 should be authorised.

SECTION 5: PUBLIC PARTICPATION

5.1 Notification of Interested and Affected Parties (a) fixing a notice board at a place conspicuous to and accessible by the public at the boundary, on the fence or along the corridor of— (i) the site where the activity to which the application or proposed application relates is or is to be undertaken; and (ii) any alternative site;

Site notices were placed along Bellamont Road and at the Umdloti library and Spar.

5 site notices were placed on the 12th of November 2019; 3 at Bellamont Road, specifically at the entrance by Club Mykonos (going further north through the entire road), 1 site notice at the Umdloti Library and 1 at the Kwickspar Umdloti. The noticeboard detailed the proposed activity as well as notifying of the proposed development and inviting stakeholders and I&APs to register. Refer to Appendix E3 for proof of placement of the site notice boards.

(b) giving written notice, in any of the manners provided for in section 47D of the Act, to— (i) the occupiers of the site and, if the proponent or applicant is not the owner or person in control of the site on which the activity is to be undertaken, the owner or person in control of the site where the activity is or is to be undertaken and to any alternative site where the activity is to be undertaken; (ii) owners, persons in control of, and occupiers of land adjacent to the site where the activity is or is to be undertaken and to any alternative site where the activity is to be undertaken; (iii) the municipal councillor of the ward in which the site and alternative site is situated and any organisation of ratepayers that represent the community in the area; (iv) the municipality which has jurisdiction in the area; (v) any organ of state having jurisdiction in respect of any aspect of the activity; and (vi) any other party as required by the competent authority;

With regards to Stakeholder and I&AP communications, distribution of the Background Information Document (BID) was done on the 07 November 2019 (Relevant proof is attached as Appendix E6). With regards to authority communications, all relevant authorities have been notified of the application and will be provided with copies of this BAR on 14 November 2019. Furthermore, Notice of the Environmental Process was distributed to every residential and business property within 100 m on the 06 November 2019. I&AP and Authority Correspondence has also been included in Appendix E9. I&AP Registration forms have been included in Appendix E6.

(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 district 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 paragraph (c)(ii); and

Advertisements regarding inter alia, the proposed project scope of works, location, as well as details of the EAP will be placed in the North Coast Courier newspaper during the Final Draft BAR.

Background Information Document During the PPP, BID (including registration and comments forms) was distributed via email, postage and delivering to neighboring properties, stakeholders as well as other interested and affected parties (I&APs) on Tuesday, 6th November 2019 and again on Wednesday, 7th November 2019 due to the change in project configuration. Refer to Appendix E – BID.

I&AP Public Feedback Meeting Invitations for the I&AP public feedback meeting was sent out on the 12th of February to Residents of Umdloti. The I&AP public feedback meeting was held on the 20th of February 2020 at DEVMCO offices, where the residents of Umdloti were given feedback to the queries, they raised during the Draft Basic Assessment PPP. In addition to the above, the meeting served as a platform to inform the residents about the environmental process and way forward. Stakeholder meetings/engagement will continue throughout the Basic Assessment process.

Public Review of the Draft Basic Assessment Report The DBAR was placed for an extended public review for a period of 60 days 14th November to 14th January 2020, at the following venues: ▪ Umdloti Library (6 Jabu Ngcobo Drive, Umdloti, 4530); ▪ DEVMCO Offices (Ground Floor, FMI House, 2 Heleza Boulevard, Ocean Dune, Sibaya Dr, 4320); and ▪ Website: www.wallaceandgreen.co.za.

This Draft Basic Assessment Report, inclusive of specialist reports and Environmental Management Programme (EMPr), has been distributed for comment prior to an application for environmental authorisation being submitted to the competent authority, the KwaZulu-Natal Department of Economic Affairs, Tourism and Environmental Affairs (EDTEA).

This is in keeping with Regulation 40(3) of the EIA Regulations, 2014 which provides that “[potential] or registered interested and affected parties [I&APs], including the competent authority, may be provided with an opportunity to comment on [the Basic Assessment Report and EMPr] …. prior to submission of an application”

Further, Regulation 40(3) requires that potential and registered I&APs “…. must be provided an opportunity to comment on such reports once an application has been submitted to the competent authority”. Thus, I&APs have a second opportunity to comment on the Basic Assessment Report, including specialist reports and EMPr once an application has been submitted to EDTEA. As a registered I&AP you will automatically receive notification of and copies of these documents.

It should be noted that all stakeholders who submitted queries were provided with responses via email and meetings were scheduled to clarify and discuss specific comments/queries raised.

5.2 Authority Notification A pre-application meeting was scheduled with EDTEA prior to the submission of this Final Draft BAR and submission of the application for authorisation on the 15th of January 2020 at 10h30, EDTEA Regional Offices. It should be noted that a pre-consultation meeting was undertaken on the 8th of November 2019 and the pre- application meeting was a follow up to the previous meeting undertaken. Please refer to Appendix J1 - EDTEA Pre-application Minutes of Meeting.

5.3 Registered Interested and Affected Parties A proponent or applicant must ensure the opening and maintenance of a register of interested and affected parties and submit such a register to the competent authority, which register must contain the names, contact details and addresses of— (a) all persons who, as a consequence of the public participation process conducted in respect of that application, have submitted written comments or attended meetings with the proponent, applicant or EAP; (b) all persons who have requested the proponent or applicant, in writing, for their names to be placed on the register; and (c) all organs of state which have jurisdiction in respect of the activity to which the application relates.

The contact details of all I&APs that have registered to date have been provided in the Registered I&AP list in Appendix E7.

5.4 Comments and Responses Report 44. (1) The applicant must ensure that the comments of interested and affected parties are recorded in reports and plans and that such written comments, including responses to such comments and records of meetings, are attached to the reports and plans that are submitted to the competent authority in terms of these Regulations. (2) Where a person desires but is unable to access written comments as contemplated in sub regulation (1) due to— (a) a lack of skills to read or write; (b) disability; or (c) any other disadvantage; (d) reasonable alternative methods of recording comments must be provided for.

All concerns, comments, viewpoints and questions (collectively referred to as ‘issues’) will be documented and responded to adequately in a Comment and Response Report.

Refer to Appendix E8 – Issues Trail and I&AP Correspondence which includes the comments received up to the distribution of the BID, DBAR and the associated responses.

SECTION 6: IMPACT ASSESSMENT

6.1 Methodology to Determine and Rank Significance and Consequences of Impacts Associated with all Alternative as per Section 3(h)(vi)

2014 NEMA EIA Regulations (As Amended), Appendix 1- 3(H) (vi) the methodology used in determining and ranking the nature, significance, consequence, extent, duration and probability of potential environmental impacts and risks associated with the alternatives, (v) the impacts and risks identified for each alternative, including the nature, significance, consequence, extent, duration and probability of the impacts, including the degree to which these impacts can be reversed, may cause irreplaceable loss of resources and can be avoided, managed and mitigated. Appendix 1- 3 (I) A full description of the process undertaken to identify, assess and rank the impacts the activity will impose on the preferred location through the life of the activity- (i)- (ii). Appendix 1- 3 (J) an assessment of each identified potentially significant impact and risk (i)- (vii)

Scoring of Impacts Consequence Severity 1 – Insignificant / Non-harmful 2 – Small / Potentially harmful 3 – Significant / Slightly harmful 4 – Great / Harmful 5 – Disastrous / Extremely harmful Duration 1 – Up to 1 month 2 – 1 month to 3 months 3 – 3 months to 1 year 4 – 1 to 10 years 5 – Beyond 10 years / Permanent Spatial Scale 1 – Immediate, fully contained area 2 – Surrounding area 3 – Within business unit area or responsibility 4 – Within mining boundary area / Beyond BU boundary 5 – Regional, National, International Overall Consequence = (Severity + Duration + Extent) / 3 Likelihood Frequency of the Activity 1 – Once a year or once / more during operation / LOM 2 – Once / more in 6 months 3 – Once / more a month 4 – Once / more a week 5 – Daily / hourly Probability of the Incident / Impact 1 – Almost never / almost impossible 2 – Very seldom / highly unlikely 3 – Infrequent / unlikely / seldom 4 – Often / regularly / likely / possible 5 – Daily / highly likely / definitely Overall Likelihood = (Frequency + Probability) / 2 Overall Environmental Significance = Overall Consequence X Overall Likelihood Overall Environmental Significance: 0 - 2.9 Very Low 3 - 4.9 Low 5 - 6.9 Medium - Low

7 - 8.9 Medium 9 - 10.9 Medium - High

Refer to worksheet 1 of the Impact Assessment Matrix- Appendix F 6.2 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 Provide a summary and anticipated significance of the potential direct, indirect and cumulative impacts 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. This impact assessment must be applied to all the identified alternatives to the activities.

Refer to Impact Assessment Matrix- Appendix F

6.3 Environmental Impact Statement as per Section 3(l) Alternative S1 (preferred site) – Sibaya Precinct Node 6 Development, Umdloti, and Alternative A1 (preferred alternative) – Development of the full site with the consideration of environmental buffers, whilst incorporating specialist recommendations and a 15-Storey Signature building.

The Sibaya Coastal Precinct encompasses a total of seven nodes, which will be phased and developed over the project’s 15 to 20-year lifespan. All nodes will be inspired by common development and architectural guidelines that reflect the principles of sustainability and a cohesive, natural aesthetic. Included in the Sibaya Precinct Development is Node 6, of which will encompass zones to include residential, commercial, education to mixed-use. There are three main vegetation communities on the site sugar cane fields, forest (dune, coastal and riparian) and wind breaks. Of these, the forest is Critically Endangered Dune Forest and comprises an assemblage of indigenous species forming the distinct tree, shrub and herb layer of dune forest. Sensitivity indicates that much of the site is low sensitivity, with the forest areas high sensitivity. A buffer of 40 m is recommended for the dune forest areas provide these areas are actively managed for conservation. As much of the site is of low sensitivity, impacts to the site are relatively low overall, or can be reduced to low with mitigation.

A total of twenty watercourses were identified, in which eighteen were identified as wetland systems and two identified as riverine systems. During the initial risk assessment screening, it was determined that one unchannelled valley bottom wetland (UVB01), four hillslope seepage wetlands (Seep01, Seep02, Seep03 and Seep04) and two B channel streams (Rip01 and Rip02) will be at risk as a result of the proposed development. Therefore, a 26 m buffer around the delineated wetland/riparian areas has been incorporated within the preferred layout as per specialist’s recommendation. This will maintain the integrity of the wetland environments in its current state. Furthermore, the preferred layout placed the residential stands and infrastructure outside the flood lines reducing the risk of the development being flooded during flood events.

The Basic Assessment considered relevant environmental aspects and impacts from the proposed development and proposed mitigation during the planning, construction and operational phases. The proposed site (S1) and layout alternative (A1) is recommended based on the following:

Planning Phase – Short Term Duration • Potential environmental impacts were identified and addressed during the Basic Assessment process. Capacities for connection to bulk infrastructure were confirmed by the engineer. Amendments were made to the proposed lay-out to incorporate recommendations made by the specialists regarding the wetlands, CBA and 1:100-year flood line. The recommended lay-out incorporates a 26 m buffer zone to further reduce the potential impacts to the wetlands and riparian area in addition to the 40m buffer to the CBA. • The specialist further recommends that all construction activities of the proposed development can occur but must take into cognisance the surrounding watercourses, their associated buffers and D’MOSS areas in which no construction activities should occur. • In addition, a 40 m buffer is recommended as the forest will be actively managed as a conservation area for the life of the project including management of alien plants. This would ultimately lead to overall biodiversity gains for the site.

• In addition, the main hill is of high archaeological sensitivity and several testpit excavations will be required before construction begins. • The entire development is located on highly sensitive palaeontological formations. Any excavations deeper than 1.5 m will require a qualified palaeontologist to inspect the excavations. • The EMPr incorporates the lay-out and Specialist recommendations to ensure that positive impacts be maximised, and negative impacts be prevented or minimised. • The Potential impacts to the identified sensitive areas (Wetland and Riparian systems as well as Forests) can be mitigated from Medium-Low to Low significance, Incorporating the specialist’s recommendations. • Removal of invader plants through proper identification and recommendations is a Medium to High (Positive). • Creation of Employment opportunities for permanent and temporary skilled individuals is a High (Positive). • Reduced risk of the development and associated infrastructure being flooded during flood events can be mitigated from a Medium-Low to Very Low, by incorporating the specialist recommendations. • Incorporation and rehabilitation of proposed 40m Ecological corridor is a High (Positive). • Privacy Concerns from the proposed 15 Storey Signature Building can be mitigated to a Low impact, by incorporating the VIA, shadow studies and Line of site imagery.

Construction Phase – Short Term Duration • The loss of indigenous vegetation can be mitigated to Very Low, with the implementation of the mitigation measures set out by the Specialists (Ecological and Wetland) and in the EMPr. • Disturbance, Transformation and Degradation of sensitive areas (wetland and riparian systems) can be mitigated to Low, with the implementation of the mitigation measures set out in the EMPr. • Removal of Alien invader species is a High (Positive) impact. • Privacy Concerns from the proposed 15 Storey Signature Building can be mitigated to a Low impact, by incorporating the VIA, shadow studies and Line of site imagery. • The probable negative socio-economic impacts (i.e. pedestrian and commuters’ health and safety issues, traffic disturbance) can be mitigated to Medium-Low, while the opportunity for temporary and permanent employment is considered High Positive impact.

Operation Phase – Long Term Duration As has been confirmed with EDTEA in the pre-application meeting, this specific listed activity for which an EA is being sought, is without operational aspects. Thus, the EA is only required for the development or construction phase, including rehabilitation of the cleared areas and post-construction monitoring thereof.

• The definitive impacts associated with improved social, environmental and economic opportunities through the provision of additional residential opportunities and temporary and permanent employment opportunities are all considered High Positive Impacts. • There will be a High-positive impact from value-added ecological goods and services gained from the incorporation of an ecological corridor. • The probable negative impacts associated with erosion from poor storm water management and inadequate vegetation cover, increased traffic volume, waste materials, noise disturbance can all be mitigated to Low to Low- Medium Negative impacts. • Pollution of surface water and of sensitive areas (Wetland, Forests and Riparian systems) can be mitigated to a low impact, with incorporation of associated buffers and specialists’ recommendations set out in the Rehabilitation Management plan, Conservation Management plan and EMPr. • The High-Positive impact from the improved resistance and increased indigenous vegetation is high with the implementation of Rehabilitation, Conservation Management and EMPr commitments. • The positive impact from improved property value of surrounding communities contributing to increased economic growth and tourism is a High-positive. • Privacy Concerns from the proposed 15 Storey Signature Building can be mitigated to a Low impact, by incorporating the VIA, shadow studies and Line of site imagery.

Alternative S2 (Not Applicable) Direct impacts: / Indirect impacts: / Cumulative impacts

Alternative A2 - Development of the site with the consideration of environmental buffers, whilst incorporating specialist recommendations

The Basic Assessment considered relevant environmental aspects and impacts from the proposed development and proposed mitigation during the planning, construction and operational phases.

Planning Phase – Short Term Duration ▪ Potential environmental impacts were identified and addressed during the Basic Assessment process. Capacities for connection to bulk infrastructure were confirmed by the engineer. Amendments were made to the proposed lay-out to incorporate recommendations made by the specialists regarding the wetlands, CBA and 1:100-year flood line. The recommended lay-out incorporates a 26 m buffer zone to further reduce the potential impacts to the wetlands and riparian area in addition to the 40m buffer to the CBA. ▪ The specialist further recommends that all construction activities of the proposed development can occur but must take into cognisance the surrounding watercourses, their associated buffers and D’MOSS areas in which no construction activities should occur. ▪ In addition, a 40 m buffer is recommended as the forest will be actively managed as a conservation area for the life of the project including management of alien plants. This would ultimately lead to overall biodiversity gains for the site. ▪ In addition, the main hill is of high archaeological sensitivity and several test pit excavations will be required before construction begins. ▪ The entire development is located on highly sensitive palaeontological formations. Any excavations deeper than 1.5 m will require a qualified palaeontologist to inspect the excavations.

The EMPr incorporates the lay-out and Specialist recommendations to ensure that positive impacts be maximised, and negative impacts be prevented or minimised.

▪ The potential for environmental impacts (degradation, resource consumption and pollution), loss of indigenous vegetation is Medium-Low. ▪ Increased Ecological disturbance to fauna and flora is low. ▪ Creation of temporary and permanent employment opportunities for the local community is High-Positive.

Construction Phase – Short Term Duration • The probable impacts on the biophysical environment (e.g. loss of vegetation, degradation or alteration to the flow regime of the wetlands and riparian systems, alteration of topography, erosion potential) can all be mitigated too Low to Low-Medium Negative impact while the removal of alien invasive species in the construction footprints are considered a Medium to High Positive impact. • The probable impacts of the dust, noise and visual disturbance, waste, pollution, contamination and stormwater management are Medium-High to High Negative but can all be mitigated to Low to Low- Medium Negative. • The probable negative socio-economic impacts (i.e. pedestrian and commuters’ health and safety issues, traffic disturbance) can be mitigated to Medium-Low, while the opportunity for temporary and permanent employment is considered Medium to High Positive impact.

Operation Phase – Long Term Duration As has been confirmed with EDTEA in the pre-application meeting, this specific listed activity for which an EA is being sought, is without operational aspects. Thus, the EA is only required for the development or construction phase, including rehabilitation of the cleared areas and post-construction monitoring thereof.

▪ The definitive impacts associated with improved social, environmental and economic opportunities through the provision of additional residential opportunities and temporary and permanent employment opportunities are all considered Medium-High Positive Impacts. Furthermore, there will be a High-positive impact from value- added ecological goods and services gained from the incorporation of an ecological corridor. ▪ The High-Positive impact from the improved resistance and increased indigenous vegetation is high with the implementation of Rehabilitation, Conservation Management and EMPr commitments. ▪ The probable negative impacts associated with erosion from poor storm water management and inadequate vegetation cover, waste generation, increased traffic volume, waste materials, noise disturbance can all be mitigated to Low to Low-Medium Negative impacts.

The positive impact from improved property value of surrounding communities contributing to increased economic growth and tourism is a High-positive.

Alternative A3 (Not supported) – Larger Footprint inclusive of film studio with no consideration to the ecological sensitive areas

The A1 (preferred option) is supported in preference to the A3 alternative.

There is no consideration for buffers in the Alternative A3 development plan for conservation, wetland and riparian areas. The proposed infrastructure layout encroached onto the wetland and resulted in the crossing of wetlands; encroachment of the forest areas which would ultimately result in the loss of indigenous vegetation as well as disturbance to the wildlife in the surrounding areas. The loss of natural habitats through the increase of alien invasive plant species and excessive volume of water resources required for maintenance purposes. Furthermore, this alternative did not consider the Ecological Specialists recommendation regarding the Species of Special Concern (SSC). Mitigation or rehabilitation measures were not addressed which did not make this option feasible.

The housing proposed in the south easterly direction, adjacent to the large forest area (without the proposed 40 m buffer) in the Infrastructure layout, would ultimately lead to the disturbance of the natural forest areas as well as triggering adverse impacts to the surrounding ecological corridors. Given that this alternate layout did not consider the Ecological Specialists recommendations and the Wetlands Specialists recommendations, the increased adverse impacts projected on the forest areas and surrounding wetland and riparian areas this alternative is not supported by Wallace and Green.

Alternative A4 (Not supported) – Large Footprint

The A1 (preferred option) is supported in preference to the A4 alternative.

There is no consideration of buffers for the forest, wetland and riparian areas in the Alternative A4 development plan. The proposed infrastructure layout encroached onto the wetlands and buffers; encroachment into the forest areas would ultimately result in the loss of more indigenous vegetation as well as a much larger disturbance to the surrounding wildlife.

The overall visibility of the project area from various viewpoints is largely dependent on the presence and positions of screening elements, including the CBA. The proposed iconic structure will be located to the north of the development site, the structure is anticipated to be a 50-storey building. The height from the proposed 50-Storey Iconic Structure will invade on the privacy of the Umdloti residents, more specifically on the residents from Bellamont Road.Potential visual impacts during the construction phase are related to temporary works, site activity, and vehicular movement within and around the site. Vehicular movement may increase in the immediate area, and temporary vertical elements such as cranes, scaffolding, site fencing/hoarding, gates, plant and machinery etc will be required and put in place.

No-go alternative (compulsory)

The no-go alternative implies that the status quo remains, and the proposed Sibaya Precinct Node 6 will not be developed. In line with the principles of Sustainable Development, this is not considered to be desirable from various economic and social aspects (and together with the environment, these are the pillars of sustainable development). By not developing the land, it is likely that the property would become subject to land invasions and unauthorised dumping, specifically in the forest area, contributing to the degradation of the land.

The development site is furthermore situated in the heart of a rapidly expanding and growing region of both the City and the Province, being strategically situated between the city center and new International Airport and adjacent to the N2 National Highway. As such it falls within the Province’s key development corridors, between Durban and Richard Bay where development and investment are being targeted and facilitated. Allied to this is the continued economic growth of the city and country which, in order to sustain and enhance this growth, it can be argued, requires the continued provision of new development opportunities and initiatives.

From an environmental perspective, the positive impacts of the “no go” alternative will be the D’MOSS protected area will not be disturbed. However, the site will remain transformed if not managed efficiently and the potential of alien species invasion would increase. Currently these alien invasive species are not being removed and if the development is not realised then this would increase the infestation and thus impacting on the indigenous species. The development with the use of the Wetland Rehabilitation Plan - Appendix D will assist in rehabilitating wetlands that have been degraded. Lastly, as the applicant is proposing to retain and restore an ecological corridor as part of the development, not developing the site will mean that this enhancement to ecological functioning will not be realised.

6.4 Impact Management Measures from Specialist Reports for the Development for Inclusion in the EMPr as per Section 3(m) 2014 NEMA EIA Regulations (as amended), Appendix 1- 3(M) based on the assessment, and where applicable, impact management measures from specialist reports, the recording of the proposed impact management outcomes for the development for inclusion in the EMPr

The following outcomes must be considered for this project:

Outcomes: • To encourage sustainable development and develop the Sibaya Precinct Node 6 and associated infrastructure in an environment that is healthy, suitable and sustainable for years to come. • All construction work must comply with the conditions of the relevant authorisations, licences and permits. • The implementation of the environmental management plan and environmental management on- site. • Environmental impacts are minimised through effective awareness and training for all construction staff including sub-contractors, service providers and suppliers. • Environmental impacts are minimised in and surrounding the construction area; • Impact on No-Go areas are avoided through effective demarcation and management of these areas. • To avoid, prevent and manage any stormwater impacts. • Impacts on flora and fauna are minimised through adherence of EMPr requirements. • Impacts resulting from earthworks are managed and guided by specifications and material sourced from authorised sites. • Vegetation clearance and associated impacts are minimised though adherence of EMPr vegetation clearance requirements. • Impacts to soil, surface water and groundwater resources are avoided or minimised through the implementation of management actions • All precautions are taken where possible to minimise the risk of injury or harm.

6.5 Assumptions, Uncertainties and Gaps in Knowledge relating to the Assessment and Mitigation Measures Proposed as per Section 3(o) The information in this report is based on findings of several specialists’ studies. The layouts and engineering drawings of the proposed Sibaya Precinct Node 6 have been provided to the EAP by the engineer and planner respectfully. The following assumptions and limitations relating to this assessment were identified by specialists:

Ecological Assessment: ▪ Limitation of historic data and available databases for the Umdloti area. ▪ The presence of threatened species on site is assessed mainly on habitat availability and suitability as well as desktop research (i.e. literature, personal records etc.) and previous surveys. ▪ The presence of invasive plants may compromise the habitat preferences of certain fauna. ▪ Ecological studies of local and regional drivers of community organisms are often limited to observation of static assemblages because manipulations are impractical or impossible. ▪ Identification of animals was based on sightings, indirect observations, literature surveys and information provided by experts in the field. ▪ The vegetation survey of the study area was done by direct observation.

▪ In Node 6, the focus is on the forest areas already present on site, however, the plan should also encompass areas that will form open space within the development, including gardens. ▪ Conservation management should be focused on three separate areas, or Conservation Management Units (CMUs) within the site. It should be noted that a layout of the final design should be employed to refine these CMUs as one was not provided for the purposes of this plan. ▪ The plan then outlines what should be done for the entire site (including all CMUs) as well as where any management measures differ for each of the outlined CMUs. ▪ This plan must be reviewed and adapted once a year during the construction phase and every 5 years during operation of the development.

Wetland Delineation and Functionality Assessment: • According to the SANBI guidelines, specialist assessments should be performed during the rainfall season of assessed area. In this case, KZN is a summer rainfall area and therefore assessments should be performed between October and April. Fieldwork for this project was done in July 2019 which does not fall within the rainfall season; thus, the temporary zones of the wetlands could potentially be reduced. • A construction method statement was not provided by the client and therefore the potential impacts on the watercourses that may arise as a result of the construction activities were determined using the specialist’s knowledge and experience with similar projects. • Only those wetland/riverine habitats which will be significantly impacted by the proposed development were accurately delineated in the field. The remaining watercourses within a 500 m assessment radius were delineated at a desktop level and broadly verified in the field to obtain an extent of the wetland/riverine areas, and to facilitate an understanding of the dynamics of the systems. • All delineation verification is done using a GPS system. The precision of such systems is generally limited to 5m and therefore this error must be taken into account when utilising the GPS coordinates. - Only vegetation which was present within at-risk watercourses were assessed in the field, all other systems were assessed at desktop level and visually confirmed on site.

6.6 Period for which Authorisation is required, Proposed Monitoring and Auditing and Post Construction Requirements as per Section 3(q) 2014 NEMA EIA Regulations (As Amended), Appendix 1- 3(Q) where the proposed activity does not include operational aspects, the period for which the environmental authorization is required, the date on which the activity will be concluded, and the post construction monitoring requirements finalized.

As has been confirmed with EDTEA, this specific listed activity for which an EA is being sought (i.e. clearance of indigenous vegetation as well as the crossing of watercourses and will thus require infilling or depositing of material.), is without operational aspects. Thus, the EA is only required for the development or construction phase, including rehabilitation of the cleared areas and post-construction monitoring thereof.

Based on the time required for the applicant to undertake all necessary Town Planning and Local Municipality processes governing the establishment of Sibaya Precinct development; an estimated construction period of 2 years, and a rehabilitation and post-construction monitoring period of 2 years, it is recommended that the environmental authorization is granted for a period of 5 years.

Given the nature of this project, internal environmental audits of the activity and implementation of the EMPr will be undertaken by the ECO. The findings and outcomes of these audits will be recorded in the EMPr file. The

environmental audits and associated reports must be conducted and submitted to the CA at intervals as indicated in the EA.

The ECOs must prepare a monthly EAR. The report will be tabled as the key point on the agenda of the Environmental Site Meeting. The Report is submitted for acceptance at the meeting and the final report will be circulated to the Project Manager and filed in the EMPr file. At a frequency determined by the EA, the holder of the EA must submit the monthly reports to the CA in terms of NEMA

The EMPr (Appendix G) details the post construction, rehabilitation and closure, which will be monitored by the ECO and compliance authorities. One post-construction audit should be conducted once construction is complete. There after an annual audit should be conducted for 3 years in order to ensure that the post construction and rehabilitation outcomes have been achieved.

6.7 Financial Provisions as per Section 3(s) 2014 NEMA EIA Regulations (as amended), Appendix 1- 3(S) where applicable, details of any financial provisions for the rehabilitation, closure, and ongoing post decommissioning management of negative environmental impacts.

Not applicable.

6.8 EAP’s Opinion on whether or not to Authorise the Activity and Recommendations & Conditions for Authorisation as per Section 3(n) and (p) 2014 NEMA EIA Regulations (as amended), Appendix 1- 3(N) any aspects which were conditional to the findings of the assessment either by EAP or specialist which are to be included as conditions of authorization and (P) a reasoned opinion as to whether the proposed activity should or should not be authorized, and if the opinion is that it should be authorized, any conditions that should be made in respect of that authorization.

The findings of the assessment show that it is possible to mitigate the identified impacts associated with the clearance of indigenous vegetation and the crossing of watercourses required for the development of the proposed Sibaya Precinct Node 6 development to acceptable levels provided the recommended mitigation measures are implemented. These measures have been incorporated into the EMPr, which also makes provision for the monitoring and auditing thereof, as well as environmental awareness training for all persons who will be conducting the activity.

It is thus the EAP’s considered opinion that the activity for which environmental authorisation is being sought, is authorised provided that it is undertaken in accordance with the preferred alternative layout (Alternative A1) on the preferred site (Alternative S1), subject to the following conditions:

Properties and Infrastructure: • Signage must be placed prior to commencement of construction in order to make the community aware of the upcoming activities. • The engineer must identity any existing infrastructure services that may be affected prior to commencement of construction. • Any structures that are required to be removed, must be replaced and any damaged incurred must be repaired.

Waste Management, Storage Areas: • The Contractor must ensure that all litter is collected from the work and camp areas daily. • All hazardous substances must be stored within a secured storage area, with impervious lining and bunding. Drip trays must be used where suitable. • The mixing of concrete must be done on mortar boards or similar structures to prevent the risk of run-off. • Chemical toilets must be used as ablution facilities during the construction period by all contractors.

Traffic and Construction Vehicles: • Appropriate safety signage must be used to cordon off construction areas. • Construction vehicles must adhere to speed limits. • Access to the site for site establishment and construction activities must be planned from the existing roads from the newly access road, as per authorised development layout.

Dust and Erosion Control: • The liberation of dust into the surrounding environment must be effectively controlled by the use of water sprays, fabric containment or curtains, where required. • Suitable erosion control measures must be implemented in areas sensitive to erosion i.e. storm water discharge points, exposed areas and embankments. • All exposed surfaces must be re-vegetated and/or stabilised as soon as is practically possible. • The topsoil must be removed along the proposed pipeline route to suit trench width, at a depth of 150 mm and stockpiled separately to mitigate against topsoil mixing. • On downhill slopes the trench will also be backfilled so that the backfill material forms cut-off berms at regular intervals, at least 150mm higher than the ground either side of the trench to prevent surface water from running along the trench and eroding the backfilled material.

Watercourse Crossings: • Wetlands must be demarcated prior to commencement of construction. • Buffer zones must be implemented. • Erosion protection measures must be installed at the water-crossings if there are no existing structures.

Archaeological Resources: • Operations exposing archaeological and historical residues, including graves, should cease immediately pending an evaluation by the heritage authorities.

Monitoring and Auditing: • The EMPr (Appendix G) and conditions thereto should be adhered to. • An ECO must be appointed and all contractor staff to be trained on the EMPr and Environmental Authorisation requirements prior to commencement of activities. • Environmental monitoring and auditing shall be undertaken by the ECO on a fortnightly basis with a monthly audit report during the construction phase. • All maintenance activities during operation must comply with the construction measures detailed in the construction phase of the EMPr. • All necessary permits/licenses (e.g. Water Use Authorisation, DAFF / EKZN permit) must be obtained before commencement of construction or clearing of protected vegetation / natural forest on site.