EASTERN CAPE DEPARTMENT OF HOUSING Cenyu/ Cenyulands Housing Dev elopment Scoping Report December 2011 J29034A Arcus GIBB (Pty) Ltd Reg. 1992/007139/07 East London Office: 9 Pearce St reet , Berea , East London PROPOSED CENYU/ CENYULANDS HOUSING DEVELOPMENT DRAFT SCOPING REPORT CONTENTS Chapter Description Page 1 INTRODUCTION 1 1.1 Purpose of Report 1 1.2 EIA Process 1 2 PROPOSED ACTIVITY 5 2.1 Location of the proposed activity 5 2.2 Description of Proposed Activity 7 2.3 Roads 9 2.4 Stormwater Drainage 9 2.5 Bulk Water Supply and Reticulation 12 2.6 Sanitation 13 2.7 Motivation for Proposed Activity 13 2.8 Alternatives 13 3 LEGISLATION AND POLICY GUIDELINES CONSIDERED 15 3.1 The Constitution of South Africa (Act No. 108 of 1996) 15 3.2 The National Environmental Management Act (Act 107 of 1998) 15 3.3 Legislation for the Conservation of Natural Resources 17 3.4 Summary of Relevant Legislation 22 4 DESCRIPTION OF THE RECEIVING ENVIRONMENT 24 4.1 Introduction 24 4.2 Physical Environment 24 4.3 Biological Environment 27 4.4 Socio-Economic Environment 31 4.5 Cultural/ Historical sites 32 i 5 DESCRIPTION OF ENVIRONMENTAL ISSUES AND IMPACTS IDENTIFIED 33 5.1 Project activities affecting the environment 33 5.2 Need and Desirability of Project 34 5.3 Biophysical Impacts 35 5.4 Ecological Impacts 36 5.5 Socio-economic Impacts 37 5.6 Cumulative Impacts 37 5.7 Key Issues to be addressed in the EIA Phase 38 6 METHODOLOGY IN ASSESSING IMPACTS 39 6.1 Introduction 39 7 PLAN OF STUDY FOR EIA 42 7.1 Introduction 42 7.2 Key Issues to be addressed in the EIA Phase 42 7.3 Specialist Methodologies 43 7.4 Consultation with Authorities 43 7.5 Public Participation Process 43 7.6 Programme for EIA Phase 43 8 CONCLUSION 44 9 REFERENCES 45 PUBLIC PARTICIPATION PROCESS 49 Notification of Interested and Affected Parties (I&AP’s) 49 Public Meeting 51 Register of Interested and Affected Parties (I&AP’s) 51 Comments Register 51 Comments Received During the Review of the Draft Scoping Report 51 10 COASTAL ZONE MANAGEMENT 10-15 ii APPENDICES APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION FORM APPENDIX B PUBLIC PARTICIPATION PROCESS APPENDIX C CVS OF ENVIRONMENTAL ASSESSMENT PRACTITIONERS iii ACRONYMS ALM Amahlathi Local Municipality CBD Central Business District EAP Environmental Assessment Practitioner ECA Environment Conservation Act ECDoH Eastern Cape Department of Housing EIR Environmental Impact Report EMPr Environmental Management Programme DEDEA Department of Economic Development and Environmental Affairs GIS Geographic Information System I&AP Interested and Affected Party MAP Mean Annual Precipitation MAE Mean Annual Evaporation NEMA National Environmental Management Act, 107 of 1998 NWA National Water Act, 36 of 1998 RDP Reconstruction and Development Programme SAHRA South African Heritage Resources Agency TOPS Threatened or Protected Species iv 1 INTRODUCTION Arcus GIBB has been appointed by the Eastern Cape Department of Housing as an independent Environmental Assessment Practitioners (EAP) to undertake a Scoping and Environmental Impact Assessment (EIA) for the development of a proposed housing development in the Cenyu/ Cenyulands area, Stutterheim. 1.1 Purpose of Report This report represents the Draft Scoping Report and has been prepared in accordance with the EIA Regulations published in Government Notice No. R 543 of 2010. These regulations fall under Section 24(5) read with Section 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998 as amended) (NEMA). NEMA Section 24(5) stipulates that “listed activities” (i.e., those activities that have been recognised as having a detrimental effect on the environment) require environmental authorization from the competent authority. Government Notice No. R 545, Listing Notice 2 (NEMA EIA Regulations, 2010) identifies the following listed activity associated with the proposed project that requires environmental authorisation by means of a full EIA: 15. Physical alteration of undeveloped, vacant or derelict land for residential, retail, commercial, recreational, industrial or institutional use where the total area to be transformed is 20 hectares or more; except where such physical alteration takes place for: (i) linear development activities; or (ii) agriculture or afforestation where activity 16 in this Schedule will apply. 1.2 EIA Process The EIA process is controlled through Regulations published under Government Notice No. R. 543 and associated guidelines promulgated in terms of Chapter 5 of the National Environmental Management Act (Act 107 of 1998 as amended in 2010). Three phases in the EIA process are typically recognized: • Application Phase; • Scoping Phase; and • EIA Phase. P:\J29034A_PRT_Cenyu\000_Project Template\3-Tasks\Environmental\EIA\Scoping1 report Rev. I / December 2011 1.2.1 Application Phase The Application Phase consists of completing the appropriate application form by the Environmental Assessment Practitioner (EAP), the proponent and the subsequent submission and registration of the project with the competent authority. An application form was completed and submitted to DEDEA, East London office. The application has since been accepted and registered. (a) Details of Authority Name: Mr. N.E. Ntshutsha Address: Department of Economic Development and Environmental Affairs Directorate: Integrated Environmental Management Private Bag X9060 EAST LONDON 5200 Tel: 043 - 742 0340 Fax: 043 - 742 0323 E-mail: [email protected] (b) Registration Number of Application The application has been registered with Reference Number AR/18/545/1/11 . 1.2.2 Expertise of the EAP: Pat Jennings - (N.H.Dip. Nature Conservation) is an Environmentalist with 20 years experience in EIA regulation and conservation research support with provincial authorities in KwaZulu-Natal and the Eastern Cape. Pat Jennings was previously based at the Dundee and Empangeni offices of the KZN Dept of Agriculture and Environmental Affairs, and at the Port Elizabeth office of the Eastern Cape Department of Economic Affairs, Environment and Tourism. Her key expertise includes: Review of Environmental Impact Assessments and related reports, compilation and quality control of records of decision for environmental authorisations, and development of operational guidelines, procedures and templates for administration of environmental applications. 1.2.3 Expertise of the Assistant to the EAP Mary-Anne Crocker - B.Sc (Environmental science) is an environmental scientist with two years of experience, Mary-Anne Crocker specialises in environmental management, including Environmental Impact Assessments (EIAs). Her experience ranges from Waste Management, including Licensing and Integrated Waste Management Pans, Environmental Management System Implementation, Botanical surveying and Environmental Auditing. 1.2.4 Expertise of the Project Reviewer Mervin John Olivier - M.Soc.Sci. (Geographical and Environmental Sciences) is an Environmental Scientist with 14 years of experience. Mervin specialises in Integrated Environmental Management, Environmental Auditing, Integrated Waste Management, and Safety, Health and Risk Management. 2 P:\J29034A_PRT_Cenyu\000_Project Template\3-Tasks\Environmental\EIA\Scoping report Rev. I / December 2011 Mervin’s experience has been diverse and varied, including aspects of industrial zone management, environmental management systems and coastal zone management. His key experience includes: Project management and co-ordination of various projects; Environmental auditing, Due Diligence, Health, Safety and Environmental Compliance and Environmental Management Systems Audits of various industrial facilities, construction and waste sites; Development and implementation of Environment Management Systems in accordance with ISO 14001; Development and implementation of Environmental Management Systems according with OHSAS 18001; Preparation of Environmental Impact Assessments and other environmental reports in accordance with published guidelines; Facilitation and co- ordination of public participation processes as integral parts of environmental studies; Permitting of waste facilities including consultation with regulatory authorities; Co-ordination of environmental monitoring programmes; Safety, health and environmental risk assessments; Business development through sourcing and preparation of proposals for environmental work and networking with potential clients; Development of alien vegetation monitoring programmes. 1.2.5 Scoping Phase The Scoping Phase aims to identify the key environmental issues associated with the project, in part through public consultation; consider project alternatives; and provide focus for the EIA Phase. At the end of the Scoping Phase a report is compiled, known as a Scoping Report. As per Regulation, a draft Scoping Report ( this report) is compiled that provides the public with an opportunity to further comment prior to submission of the final Scoping Report to the authority. (a) Draft Scoping Report The aim of this Scoping Report is to document the outcome of the Scoping Phase. The report includes: • Details of the Environmental Assessment Practitioner undertaking the EIA • Details of the project proposal • Details of alternatives considered in formulating the project proposal • Description of the legislation and guidelines applicable to the proposed activity • A description of the receiving environment • A register of Interested and Affected Parties • Documentation of the process and outcome of the public participation • An identification