MOOI-MGENI TRANSFER SCHEME PHASE 2 (MMTS-2) Spring Grove Dam ENVIRONMENTAL MONITORING COMMITTEE

Transcription

1 MOOI-MGENI TRANSFER SCHEME PHASE 2 (MMTS-2) Spring Grove Dam ENVIRONMENTAL MONITORING COMMITTEE MINUTES OF MEETING MEETING NUMBER : 32 DATE : 07 August 2013 TIME : 16h00 VENUE : Spring Grove Dam Information Centre, Rosetta CHAIRED BY : David Cook 1. OPENING AND WELCOME The meeting commenced at 16h00. D. Cook welcomed everyone and thanked them for their attendance. He requested members keep their statements brief and concise and to raise their hand to be recognised before speaking. He announced that M. Hattingh is seriously ill and the EMC sends him their best wishes for a quick recovery. Next, he introduced three members of the Panel of Experts (POE) and announced that Dr Peter Ashton will address the EMC at the end of the meeting. 2. ATTENDANCE REGISTER 2.1. Circulation for Completion by Attendees The roll of all those present was called. The attendance register was circulated to all members for signature. Below is a list of attendees at the meeting. No. Name and Abbreviation Affiliation 1 D Cook EMC Chairperson 2 D Henning Nemai Consulting ECO 3 I Felton Department of Agriculture and Environmental Affairs (DAEA) Assistant Manager: Environmental Planning 4 K Govender TCTA Environmental Manager 5 F Phophi Department of Environmental Affairs (DEA) 6 SN Winckworth Vaalekop Residents Association - Chairperson 7 P Huggins Representative Fish Barrier Community 8 A Burke Nemai Consulting - ECO 07 August 2013 Page 1 of 10

2 No. Name and Abbreviation Affiliation 9 K Fenenga AECOM Social Monitor 10 R Fell Mpofana Ratepayers Association 11 P Viljoen AECOM - Technical Director 12 I Dickson Mziki Homeowners Association 13 DR Greene Mooi River Irrigation Board - Landowner 14 J Mofokeng DEA Compliance 15 S Jay Narain AECOM Environmental Monitor 16 J Zelenka Rosetta Ratepayers Association 17 C King Nottingham Road Homeowners Association - Representative 18 K Bester Department of Water Affairs (DWA) 19 S Dlomo DEA 20 S Moodley DWA 21 S Morris Landowner 22 PL Greene Nottingham Road Landowners Association 23 M Mentis Panel of Experts Member 24 P Ashton Panel of Experts Member 25 R Clanahan Panel of Experts Member 2.2. Apologies Below is a list of EMC members who tendered their apologies. No. Name and Abbreviation Affiliation 1 2 N Naidoo Nemai Consulting ECO 3 B Mackenzie KZN Department of Transport (DoT) Deputy Manager 4 D Wieners Ezemvelo KwaZulu-Natal Wildlife (EKZNW) 5 K van Heerden DAEA District Manager 6 M Hattingh umngeni Municipality 7 K Denysschen Mpofana Ratepayers Association 07 August 2013 Page 2 of 10

3 2.3. Absentees No. Name and Abbreviation Affiliation 1 Z Dladla Cllr Ward 2 Mpofana 2 I Mbanjwa Umgeni Water 3 T Le Roux Mooi River Farmers Association 4 B McKelvey WESSA 5 M Maharaj DWA KZN Acting AD 3. CONFIRMATION OF AGENDA Amendments made to the Agenda: Item: 7.2: Address from the POE. C. King proposed acceptance of the agenda, seconded by S. Dlomo. 4. PREVIOUS MINUTES 4.1 Approval of Minutes of EMC 31 Meeting These minutes were adopted as a true record of the proceedings. The proposer of this motion was J. Zelenka and the seconder I. Dickson. 4.2 Items Arising C. King asked about the status of the borehole testing. K. Fenenga said the engineer has sent the client the testing results. The water treatment crew may return next week. Individual testing data will be placed into a package for landowners, which includes information about flow, water quality and suggested operating procedures. Action: K. Fenenga When finalised, the draft Resource Management Plan (RMP) will be posted on the Spring Grove Dam website. Action: K. Govender At SN Winckworth s request, D. Henning s graphic representations of ECO Sequential Audit Results will now be presented with similar calibrations. 07 August 2013 Page 3 of 10

4 D. Henning distributed the latest RTI Report on behalf of B. McKenzie. The issue of the rehabilitation was discussed. D. Henning explained that the Rehabilitation Plan should now be developed into a Rehabilitation Programme (RP) as per the requirements of the RoD and EMP. The RP will contain specific dates and timeframes for activities and will be distributed to the EMC at the next meeting. An EMC site visit will be held related to the extended rehabilitation period and the satisfactory completion of the RP. Action: K. Govender K. Fenenga distributed a hand-out summarising the open issues in the Complaints Register. One hundred (100) of 875 issues remain open. If issues pertaining to land acquisition, rehabilitation, the MMTS-2 pipeline and relocation of dam occupants are removed, the number of open issues is reduced to fifty-seven (57) which are required to be addressed within the next two weeks. She said that although the EMC has been asked to review the open issues, she has received no feedback. She asked the EMC for help in compiling a list of water-friendly trees. I. Felton suggested Geoff Nichols, Barry James or Kim Gillings be contacted for this information. I. Dickson asked about the seven (7) claims against the contractor. K. Fenenga responded these claims are for flat tyres, litter and damage to water pumps and are pending resolution. D. Cook stated that if necessary, open issues can be elevated, depending upon the justification and level of seriousness. K. Fenenga reported that recently, six (6) complaints have been received about the lack of dust abatement on large stock piles situated near the dam wall. This material is will be used over the next 6+ months as bedding material for the construction of the pipeline. I. Felton stated that some form of dust abatement measures should be put into place given this lengthy time frame. D. Cook said this issue needs to be monitored by the ECO. J. Zelenka stated that the stockpiles are too large for shade cloth they need to be covered or sprayed with water as dust from the site has worsened over the last 2-3 months. D. Henning asked if it would be possible to apply a polymer, use non-toxic weeds or erect a wind break. P. Viljoen explained a windbreak will not work and does not think the polymer would as this is normally only used on clay/fine particles. He will investigate the use of hessian as a dust abatement measure. S.N. Winckworth requested in the short term that water be applied. P. Viljoen replied this is not optimal as continued exposure to water degrades these specific materials. Action: D. Henning 07 August 2013 Page 4 of 10

5 D. Cook requested the EMC to review the register. He then asked if the EMC feels progress is being made in addressing open issues. The collective reply was in the affirmative. Action: EMC 5 ECO REPORT 5.1 Monthly Feedback Report D. Henning presented the monthly ECO Report covering the time period through July The presentation included slides with photographic records indicating activities on site; good compliance and areas that require improvement. D. Cook stated in retrospect, the ECO s reports should have been formally accepted at each EMC meeting; the remaining reports will focus on tying up loose ends. 5.2 Non Compliance and Incident Reporting D. Henning reported the Contractor was issued a Non-compliance on 11 July The diversion around the Spring Grove gauging weir was opened. No mitigating action was taken and a large amount of sediment was released into the river. The Social Monitor was not notified in time and therefore unable to provide landowners with advance notice. J. Zelenka said K. Fenenga has been informing the landowners of these events, but on that day the information arrived too late to take any action. P. Viljoen said this was a result of contractor failure. He said the contractor was working in-stream at four (4) different points during this time and diversions are impossible to do without sediment release. I. Felton acknowledged that sediment incidents will occur, but questioned how many days in total exceeded compliance levels as this is a measure of continual non-conformance. D. Henning said if instream impacts are anticipated, he expects some mitigation to be implemented. 5.3 Complaints Register See Items Arising above. 5.4 Outcome of Mitigation Measures D. Henning presented the prior environmental issues that have been attended to through mitigation measures for the monthly ECO reporting period. 07 August 2013 Page 5 of 10

6 5.5 Proposed Amendments to EMP None to report. A total of 20 amendments to the EMP have been recommended to date and are captured on the EMP Amendment Register. D. Cook asked if the EMC approved this month s ECO Report. The reply was in the affirmative. I. Felton asked if it is possible for his department to obtain a copy of the aerial photographs. K. Govender replied that TCTA will copyright and make available. Action: K. Govender 6 TCTA PROJECT STATUS REPORT 6.1 D. Henning reported on the status of the Resource Management Plan (RMP). Three deliverables have been developed but a major encumbrance has caused the programme to be extended. The D146 is the only public access road into the dam creating a variety of problems related to recreational use safety, parking, etc. The Department of Water Affairs (DWA) wants social and economic returns from dams, as well as equal opportunity and access. In the case of the Spring Grove Dam, if only private landowners have access, the RMP will not be supported. This means there must be a public/private agreement or the department must purchase land for access. I. Felton is very concerned about this development as, 1) the RMP should have been completed and approved prior to impoundment, and it must be finalised; and 2) he is concerned that now each landowner will make individual applications for access, however private access must come at the same time public access is granted. D. Cook stated that the EMC is not empowered to take action. I. Felton countered that the EMC monitors environmental compliance and needs to ensure this issue is closed. D. Henning stated that an amendment was approved by DEA regarding the timing for the preparation of the RMP. He further stated that RMP is required for the management of state land and the responsible authority is DWA and not DEA. S. Morris stated the landowners want decision and closure on the RMP. D. Cook agreed this matter must be closed. P. Ashton then stated that the rules of the game are changing. Exclusion of access to water resources is viewed as elitist. The current move is towards multipurpose use which confers social benefit and equality to access. A submission has been made to the DDG regarding the constraints relating to use of the Spring Grove Dam and it was agreed that a month should be allowed for feedback, however it was acknowledged that the final decision on the RMP for the Spring Grove Dam may take a long time (much 07 August 2013 Page 6 of 10

7 longer than a month) due to the large number of officials that must be consulted to complete the process. D. Cook followed that D. Henning is key in bringing resolution to this entire process. I. Felton said he has understood that the conditions of the RoD require the RMP to be completed prior to impoundment. If in actuality, this condition does not exist, then there is no rush in finalising the RMP. D. Cook replied that the EMC s task is to ensure that the RMP was prepared and produced relative to the ROD condition. I. Felton requested that it be determined whether or not the specific condition, prior to impoundment exists in the RoD or EMP. K. Govender then read the following statement contained in the RoD (as amended) related to the RMP: All existing man-made structures of consequence impacting on the safe utilisation of the dam must be removed from the impoundment area of the dam and no new development must take place within the dam purchase area (excluding the biodiversity offset area), other than for purposes of the Government Water Works as allowed for in the Applicant's Resource Management Plan to be prepared before impoundment in consultation with the I&AP s. S. Morris inquired that as it currently stands, no one has access to the water? D. Henning replied that the land belongs to the State and no unauthorised access is allowed. SN Winckworth stated that if no access is allowed, then the land acquisition agreements will have to be reviewed, as this is in violation of landowner rights and landowners will have to be compensated for loss of access. D. Henning added that the use of water and the banks of water bodies are regulated by law. D. Greene asked who is going to enforce policing of water access. D. Henning replied that once the site is handed over, this will be the responsibility of the DWA and Umgeni Water. K. Bester emphasised that the DWA is interested in: opportunities for BBBEE businesses, water quality and equal access. S. Dolomo stated a condition of the amendment of the RoD condition was that a draft version of the RMP must be prepared and submitted to DWA within eight (8) months from the date of the approval of the amendment, i.e. March 2013, therefore the deadline for a draft is November K. Govender presented the TCTA Project Status report. K. Govender articulated the position TCTA has established in implementing the approved Biodiversity Offsets and Wetland Mitigation EMP. She explained that the TCTA is responsible for, 1) compiling the 07 August 2013 Page 7 of 10

8 baseline report documenting the residual loss of wetlands and grasslands; and 2) drafting a plan showing the area where the offsets could be implemented and in the case of wetlands, where rehabilitation of wetlands could occur. It was never required of TCTA to implement these plans. K. Govender reported that a Biodiversity Offsets authorities meeting was held on 18 July A detailed Biodiversity Offset Plan which contains a financial plan with measureable objectives is due by September This plan will address the loss of 462 ha of wetlands and 201 ha of grasslands as a result of the Spring Grove Dam. An offset ratio of 3:1, with no multiplier has been agreed upon by the authorities. D. Cook asked who could serve as the implementing agent. As an example, K. Govender said Working for Wetlands or the programme for the expansion of protected areas. Other proposals such as expansion of existing protected areas, e.g. the Bill Barnes Crane and Oribi Nature Reserve (BBCONR) will be considered. I. Felton suggested 22 August 2013 as the date for the next Biodiversity Offsets Meeting. He stated that TCTA is meeting the requirement of the RoD and the intent of the offset programme. It is his view that DWA as the polluter must pay for the cost of the offsets and there should be a mechanism to recover these costs from the project. The formal resolution of the EMC on this item was that following this TCTA response to fulfilment of the relevant ROD conditions (i.e (l) & (m)) the next stage will await the outcome of the working group workshop due to take place on the 22 August 2013, the results of which will be communicated to the EMC at the September 2013 meeting. 7 PROJECT PROGRAMME 7.1 Operational Schedule P. Viljoen provided the following information related to hand-over dates: According to the construction programme, the Contractor is set to be finished by 16 August The fish barrier impoundment will be handed over either Friday, 9 August 2013 or Monday, 12 August. The DWA will conduct an inspection of the works during the week August. The Little Mooi gauging weir, Ferret Lane and the lower Loteni Road culvert have been completed. The mechanics and electrics of the dam are complete. By the end of September 2013 all the loose ends will be tied up. 07 August 2013 Page 8 of 10

9 C. King asked if barriers will be erected on the raised road near her residence. P. Viljoen replied they will not, as this section of the road is not hazardous. J. Zelenka asked if the block house lighting will remain he is concerned as this light is very unsightly. P. Viljoen replied that the existing floodlight over the door of the block house will not be kept on permanently. J. Zelenka then asked about the embankment on the right bank. He finds the grey rip-rap very unsightly and asked if grassing would weaken it. P. Viljoen replied there are problems with grassing due to maintenance and its tendency to attract cattle and it was a DWA policy to use rip-rap. SN Winckworth asked about the light that shines 8 km up the road and illuminates his home. P. Viljoen said this light will be removed in the next month. 7.2 Address by the POE (Panel of Experts) P. Ashton made the following remarks (in summary): The PoE highly commends and thanks the EMC Committee and its Chair for its vigorous debate, commitment and positive action. This is the best EMC he has ever encountered or had the pleasure to work with. In spite of acrimony, the EMC kept it positive and helped make the MMTS-2 Project a success. He said that K. Fenenga and S.J. Narain responded expertly to citizen complaints and that K. Govender exhibited extraordinary tolerance. He again thanked the EMC for its embodiment of the true spirit of citizenship through volunteerism and personal involvement. He reminded the EMC that this period in the South Africa s history is marked by continual change in politics and objectives and that Authorities are taking responsible action. D. Cook replied that it has been a delightful challenge to apply our minds to this project. The next focus is upon the pipeline which will emphasise new responsibilities and new EMC members. P. Aston replied that many lessons have been learned on this project and cautioned against a complete changeover in the EMC. He suggests some leadership be retained to ensure continuity. In turn, D. Cook thanked the PoE for sharing their extraordinary wisdom. He said the EMC has benefited greatly from their guidance, shared knowledge and fresh insights. 7.3 Deviations from the Project Programme None to report. 8 GENERAL 8.1 Traffic Report by RTI B. Mackenzie was not present to summarise the RTI Report. D. Henning to distribute to the EMC. Action: D. Henning 07 August 2013 Page 9 of 10

10 9 CLOSURE AND WAY FORWARD D. Cook thanked everyone for their input. He is hopeful the September session will close open and hanging issues. As SJ. Narain will not be present at the September meeting, he wished her well and thanked her again for her invaluable contributions. There being no further business the meeting was adjourned at 18h00. The next meeting date was confirmed as Wednesday, 04 September 2013 at the Spring Grove Dam Information Centre (located at the main entrance to the dam site on the D146) at 16h00 sharp. Lastly, D. Cook reminded everyone that on Woman s Day (9 August 2013) to remember to respect female partners. 07 August 2013 Page 10 of 10