PROPOSED RESEAL AND REHABILITATION OF A SECTION OF MAIN ROAD 243 (R327) BETWEEN KM AND HERBERTSDALE AT KM IN HERBERTSDALE, WESTERN CAPE.

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1 D-3 COMMENT AND RESPONSE REPORT PROPOSED RESEAL AND REHABILITATION OF A SECTION OF MAIN ROAD 243 (R327) BETWEEN KM AND HERBERTSDALE AT KM IN HERBERTSDALE, Issues / comment raised by: Date Means of communication Issue / comment Response «Name» «Date_of_Comms» «Means_of_Comms» «Comment» «Response» Guy Thomas 19 November Heritage Western Cape is in receipt of your application for the above matter received on 6 November This matter was discussed at the Heritage Officers meeting held on 16 November The application is to rehabilitate and upgrade parts of Main Road. 2. The activity wil take place within the road reserve 3. It is unlikely that any heritage resources will be impacted. Final Comment 1. You are hereby notified that, since there is no reason to believe that the proposed development will impact on heritage resources, no further action under Section 38 of the National Heritage Resources Act (Act 25 of 1999) is required. Agreed. Agreed. It is noted that no further action under Section 38 of the National Heritage Resources Act is required. 1

2 Whatsapp Goeie naand. Ekt by die biblioteek van Herbertsdale gelees van die opgradering van die paaie en wil net weet of julle dalk van herbertsdale mense gaan vat vir werk? Goeie more. Die kontrakteurs wat die werk gaan doen is verplig om plaaslike arbeid ook te gebruik. Ek sal jou nommer vir die Ingeniuers aanstuur indien jy sou wou. Jy is welkom om hulle ook direk te kontak by (021) Danielle Truter 18 June Goeie dag Renier Graag wil ons registreer om inligting te ontvang rakende die herseel en rehabilitasie vir bogenoemde projek. Die R327 loop deur ons plaas Buffelskloof 205/5 HERBERTSDALE Baie dankie Jurgens en Danielle Truter Fax Number: Goiemore Mev Truter, Hoop dit gaan goed aan u kant. Ek bevestig hiermee u registrasie as belanghebbende vir die genoemde omgewingsaansoek. Kan ek moontlik vir u verwys na ons webtuiste waar die elektroniese kopie van die dokument gelaai is. Gaan na die Documents on Review tab toe en klik dan op 20345_Herbertsdale, die afdelings van die dokument sal dan onderaan die skerm verskyn vir aflaai. Laat weet gerus indien u regkom, anders epos ek vir u die afdelings. 2

3 Dankie Renier sal kyk op jul website Vriendelike Groete Lekker dag Danielle Francini van Staden 29 June The Draft Basic Assessment Report dated 13 June 2016 that was received by this Department on 15 June 2016 refers. 2. This letter serves as an acknowledgement of receipt of the aforementioned report. 3. This Department is in process of reviewing the aforementioned report and comment on the report can be expected within the specified commenting period. 4. Kindly quote the abovementioned reference number in any future correspondence in respect of the application. 5. Please note that the activity may not commence prior to an environmental authorisation being granted by the Department. It is an offence in terms of Section 49(A)(i) of the NEMA for a person to commence with a listed activity unless the competent authority has granted an environmental authorisation for the undertaking of the activity. 6. The Department reserves the right to revise initial comments and request further information based on the information received. This is noted. This is noted. Agreed. This is noted. 3

4 K. Mubva 30 June The Breede-Gouritz Catchment Management Agency (BGCMA) has evaluated the Background Information Document and has the following comments: The proposed activity trigger the water use in terms of Chapter 4 of the National Water Act, 1998 (Act 36 of 1998) The BGCMA should therefore be included as an interested and affected party for the abovementioned project. Please provide this office with documentation as soon as it becomes available for comments. Please note that a Water Use Authorisation in terms of Section 39 or 40 of the NWA, 1998 may be triggered with regards to the proposed activity, the applicant should therefor ensure that application be made should said Authorisation be required This is noted. The BGCMA has been registered as an interested and affected party for the project. A General Authorization application in terms of GN509 is submitted to the BGCMA together with the 2 nd Draft Basic Assessment Report on the 3 rd of October Please do not hesitate to contact this office if you have any further queries. 4 K. Mubva 14 July The Breede-Gouritz Catchment Management Agency (BGCMA) has evaluated the Basic

5 Assessment Report and has the following comments: The proposed activity trigger the water uses in terms of Section 21(c) & (i) of Chapter 4 of the National Water Act, 1998 (Act 36 of 1998). 5 Please note that a Water Use Authorisation in terms of Section 39 or 40 of the NWA, 1998 may be triggered with regards to the proposed activity, the applicant should therefor ensure that application be made should said Authorisation be required. The storm water management plan (SWMP) must be sustainable over the life cycle of the road and over different hydrological cycles and must incorporate principles of risk management. Rehabilitation should ensure that it promotes free drainage and minimise or eliminate ponding of storm water. An accurate assessment of the behaviour of a specific configuration As the Applicant is a State Owned Entity, the activities of upgrading the degraded culverts are Generally Authorised in terms of General Authorisation of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998) for Water Uses defined as Section 21 (c) or Section 21 (i). A General Authorization application in terms of GN509 is submitted to the BGCMA together with the 2 nd Draft Basic Assessment Report on the 3 rd of October Agreed. Impacts has been addressed as part of the Freshwater Ecosystem Assessment & River Maintenance Management Plan. Agreed. Impacts has been addressed as part of the Freshwater Ecosystem Assessment & River Maintenance Management Plan.

6 for detention facilities needs to be obtained over a range of flows and headwaters. The successful control of erosion and sedimentation involve a system of best management practices, which targets each stage of the erosion process. The Storm Water Best Practices Guidelines of the Department of Water and Sanitation states that the most efficient approach involves minimizing the potential sources of sedimentation from the outset. Furthermore, the best management practice system involves controlling the amount of runoff and its ability to carry sediment by diverting incoming flows and impeding internally generated flows. The adherence must be given to freshwater Ecosystem Assessment and River Maintenance Management Plan dated October 2015 prepared by Michaela Riehl. Detailed as part of culvert design and Freshwater Ecosystem Assessment & River Maintenance Management Plan. The upgrade will be a significant improvement on the current status quo. Detailed as part of culvert design and Freshwater Ecosystem Assessment & River Maintenance Management Plan. The upgrade will be a significant improvement on the current status quo. This is noted and agreed. This is noted and agreed. Please note that these comments do not warrant a water use authorisation. Should you engage in any water use activity, this means that you will be contravening the National Water Act, A General Authorization application in terms of GN509 for Section 21 (c) and (i) water uses is submitted to the BGCMA 6

7 This office reserves the right to comment and revise its comments as well as to request any further information. Francini van Staden 26 July The abovementioned proposal and the Pre-Application Basic Assessment Report ( BAR ) received 15 June 2016, refer. together with the 2 nd Draft Basic Assessment Report on the 3 rd of October The environmental component of the Directorate: Development Management (Region 3) (hereinafter referred to as this Directorate ) herewith acknowledges receipt of the aforementioned report. 3. It is understood that the proposal entails the following works which will take place between Km 7.72 and Herbertsdale at Km of the R327: 3.1 Maintenance and upgrading of stormwater structures both within and outside of the road reserve. 3.2 Maintenance and upgrading of stormwater structures within and outside existing stormwater structures and bridge footprints. 3.3 Maintenance work which entails the clearance of indigenous vegetation along rod verges. 4. On 4 December 2014, the Minister of Environmental Affairs promulgated the 7

8 Environmental Impact Assessment Regulations, 2014 and respective Listing Notices of 2014 in terms of Chapter 5 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) ( NEMA ). The regulations (refer to Government Notice No. R.982, R.983, R. 984 and R.985 in Government Gazette No of 4 December 2014) came into effect on 8 December 2014 and replaced the Environmental Impact Assessment Regulations, In light of the aforementioned, this Department provides the following comment: 5. Botanical Impacts This Department supports the recommendations made by the botanical specialist (McDOnald, June 2016)'s that vegetation should not be removed within the maintenance and upgrade footprint, except in cases where it should be trimmed down to no less than 1.5 metres in the case of resprouting shrub species, as this is remnant vegetation and the habitat forms part of an important biodiversity resource. 6. Aquatic impacts 6.1 This Directorate will not support any activities that may cause potential pollution of water bodies or resources, unless effective mitigation measures are adopted to prevent 8

9 or minimise any potential pollution during the construction phase of the development. 6.2 It is further noted from the Freshwater Ecosystem Assessment & River Maintenance Management Plan (October 2015) that erosion, specifically at kilometre has resulted in a donga, which has cut into the banks of the Gouritz River, and as a result, significant volumes of sediment are being deposited into the river and also threatens to cut into the R327 tarmac. 6.3 You are requested to consult with the Department of Water and Sanitation (DWS) and the Breede Gouritz Catchment Management Agency (BGCMA) for any specific authorisation requirements which they may have regarding potential freshwater impact management. 7. One Environmental System The 2014 NEMA EIA Regulations gave effect to the One Environmental System provision for the integration and synchronisation of process timeframes. As such, the timeframes for these processes should be aligned to aid decision making. Your therefore encouraged to synchronise the respective NEMA and water use license applications. The General Authorization application requirements have been confirmed with the BGCMA and the General Authorization application in terms of GN509 for Section 21 (c) and (i) water uses is submitted to the BGCMA together with the 2 nd Draft Basic 9

10 Assessment Report on the 3 rd of October Furthermore, please advise the proponent of their general duty of care towards the Agreed and has been carried out. environment, as required in terms of section 28 of the NEMA, namely: Every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring, or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment. 9. Notwithstanding the content of this letter, the proponent must still comply with any other statutory requirements that may be applicable to the undertaking of the proposed activities. Noted. 10 This Department reserves the right to revise initial comments and request further information from you based on any new or revised information received. Ms Francini van Staden 01 September 2016 Fax and 1. The Application Form dated August 2016 received by this Department on 26 August 2016 refers. 10

11 2. This letter serves as an acknowledgement of receipt of the aforementioned document by the Department. 3. Following review of the information submitted to this Department, the following is noted: The project proposal includes the reseal and rehabilitation of a section of Main Road 342 between kilometres 7.72 and Herbertsdale at kilometres The proposal furthermore includes the resurfacing of the existing provincial road as well as partial vegetation clearance within the overgrown road reserve. The proposal also provides for erosion protection measures at kilometres Please note the following advice pertaining to the application: 4.1 Specialist input / assessment required Having considered the information contained in the Application Form, this Department hereby advises that input be obtained from a botanical specialist, a freshwater specialist (also pertaining to future maintenance). Note that the specialist report / inputs must be appended to the BAR. Please ensure that all specialist reports contain all the information specified in Appendix 6 of the EIA Regulations,

12 5. Please note the following requirements to be complied with in respect to all applications for Environmental Authorisation in terms of the National Environmental Management Act (Act No. 107 of 1998) ( NEMA ) and the EIA Regulations, 2014: 5.1 Alternatives Be advised that in terms of the EIA Regulations and NEMA, the investigation of alternatives is mandatory. All alternatives identified must therefore be investigated to determine if they are feasible and reasonable. In this regard it must be noted the Department may grant authorisation in respect of an alternative as if it has been applied for or may grant authorisation in respect of all or part of the activity applied for. Alternatives are not limited to activity alternatives, but include layout alternatives, design, operational and technology alternatives. You are hereby reminded that it is mandatory to investigate and assess the option of not proceeding with the proposed activity (the no-go option) in addition to the other alternatives identified. Every EIA process must therefore identify and investigate alternatives, with feasible and reasonable alternatives to be comparatively assessed. Although few alternatives are available to the proposal, the two Design Alternatives have been detailed as part of the Basic Assessment Report including the No-Go Option.. If however, after having identified and investigate alternatives, with feasible and reasonable alternatives to be comparatively assessed. 12

13 If, however, after having identified and investigated alternatives, no feasible and reasonable alternatives were found, no comparative assessment of alternatives, beyond the comparative assessment of the preferred alternative and the option of not proceeding, is required during the assessment. What would, however, be required in this instance is that proof of the investigation undertaken and motivation indicating that no reasonable or feasible alternatives other than the preferred option exist must be provided to the Department. Refer to the Departments Guideline on Alternatives available on the Departments website. 5.2 Public Participation When notifying Interested and Affected Parties (I&AP s) of the application, the minimum information to be provided in a notice, which includes placing advertisement or fixing a notice board, must contain inter alia, whether a Basic Assessment or Scoping and EIR process is to be followed and information on how to register as an I&AP. A register of I&AP s must be opened, maintained and made available to any person requesting access to the register in writing. The register must also be submitted together with the BAR. 13

14 Please be advised that a copy of the draft BAR must be submitted to the Department for comment and must be made available to all the relevant State Departments that administer laws relating to a matter affecting the environment, for a 30 day comment period. The applicant / Environmental Assessment Practitioner ( EAP ) must notify the Department in writing of the date the draft BAR was submitted to the relevant State Department / Organs of State and clearly indicate whether or not such State Department / Organs of State were notified of the 30-day comment period in terms of Section 24O of the NEMA. It is imperative to ensure that state Departments are in possession of the draft Reports when the EAP issues them with the notice in terms of Section 240 of NEMA. Upon receipt of this confirmation, this Department will in accordance with Section 240(2) and (3) of NEMA inform the relevant State Departments/Organs of State of the commencement date (the date as indicated by the EAP), of the 30 day minimum commenting period. Noted and Agreed In terms of good environmental practise you are encouraged to engage with State Departments and other Organs of State in the pre-application phase or early in the EIA process to solicit their inputs on any of their requirements to be addressed in the EIA Noted and Agreed. Engagement with the BGCMA has taken place 14

15 process. Please note that this does not replace the requirement of making the draft BAR available to State Departments/Organs of State as stipulated above. in order to ensure their requirements in terms of the General Authorization application to be submitted. The practitioner must record and respond to all comments received. The comments and responses must be captured in a Comment and Responses Report and must also include a description of the public participation proves followed. This report must also be included in the public participation information to be attached to the BAR to be submitted for decision. Noted and Agreed 5.3 Environmental Management Programme ( EMP ) In accordance with Section 24N of NEMA and Regulation 19 of Government Notice ( GN ) No.R.982 of 4 December 2014, the Department herby requires the submission of an Environmental Management Programme ( EMP ). The contents of submission of such and EMP must meet the requirements outlined in Section 24N (2) and (3) of the NEMA (as amended) and Appendix 4 of GN No.R982 of 4 December The EMP must address the potential environmental impacts of the activity throughout and management arrangement after implementation (auditing). The EMP must be submitted together with the BAR. When compiling the EMP, The Department s Noted and Agreed. The Environmental Management Programme ( EMP ) is included in this 2 nd Drat BAR as Section B of the report. 15

16 Guideline for Environmental Management Plans (June 2005), available on the Department s website must be taken into account. 5.4 Guidelines When undertaking EIA process, you must take into account the applicable guidelines including the guidelines developed by the Department. The department s guidelines can be downloaded from the Department s website ( In particular, the guidelines that may be applicable to the proposed development include, inter alia, the following: Noted and Agreed Guidelines for the Review for Specialist in the EIA process (June 2005). Guideline for the Environmental Management Plans (June2006). Guidelines on Alternatives (March 2013). Guidelines on Need and Desirability (March 2013). 5.5 Need & desirability In terms of the NEMA EIA regulations, when considering an application, the Department must take into account a number of specific 16

17 considerations including inter alia, the need for and desirability of any proposed development. As such, the need for and desirability of the proposed activity must be considered and reported on in the BAR. The BAR must reflect how the strategic context of the site in relation to the broader surrounding area, has been considered in addressing need and desirability. Refer to the Department s Guideline on Need and Desirability (March 2013). The needs and desirability of the proposal has been explained as part of the Basic Assessment Report. 5.6 NEMA Principles In addition to the above, you must clearly show how the proposed development complies with the principles contained in Section 2 of the NEMA and must also show how the proposed development meets the requirements of sustainable development. 5.7 BAR Requirements The BAR must contain all the information outlined in Appendix 1 of GN No.R.982 of 4 December 2014 and must also include the information requested in this letter. Omission of any of the said information may result in the application for Environmental Authorisation being refused. The Department awaits the submission of the BAR as prescribed by Regulation 19 of the EIA regulations, GN No.R December 17

18 2014. In accordance with Regulation 19 of GN No.R.982 of 4 December 2014, the Department hereby stipulates that the BAR must be submitted to this Department for decision within 90 days from the date of receipt of the application by the Department. If however, significant changes have been made or significant new information has been add to the BAR, the applicant/eap must notify the Department that an additional 50days (i.e. 140 days from receipt of the application) would be required for the submission of the BAR. The additional 50 days must include a minimum 30-day commenting period to allow registered I&APs to comment on the revised report/additional information. If the BAR is not submitted within 90 days or 140 days, when an extension is applicable, the application will lapse in terms of Regulation 45 of Government Notice Regulation No. 982 of 4 December 2014 and your file will be closed. Should you with to pursue the application again, a new application process would have to be initiated. A new Application Form would have to be submitted and the prescribed application fee would have to be paid. Please note that two printed copies as well as two electronic copies (saved on CD/DVD) of the BAR must be submitted to the Department. 18

19 5.8 General Kindly quote the above-mentioned reference number in any future correspondence in respect of the application. Please note that the activity may not commence prior to an Environmental Authorisation being granted by the Department. It is an offence in terms of Section 49A of the NEMA for a person to commence with a listed activity unless the Department has granted an environmental authorisation for the undertaking of the activity. Failure to comply with the requirements of Section 24F and 49A of the NEMA will result in the matter being referred to the Environmental Compliance and enforcement Directorate of this Department for prosecution. A person convicted o an offence in terms of the liable to a fine not exceeding R10 million or to imprisonment for a period not exceeding 10 years, or to both such fine and imprisonment. 5.9 This Department reserves the right to revise initial comments and request further information based on the information received. 19