ENVIRONMENTAL MANAGEMENT PLAN (EMP) DRAFT 1

(1)

ENVIRONMENTAL MANAGEMENT PLAN (EMP) – DRAFT 1

For the

Proposed Msimbazi River Eco-Estate Development, located in the eThekwini Metropolitan Municipality

Prepared for (Applicant): Prepared by (Consultant):

Msimbazi Developments (Pty) Ltd

27 Beachway St, Durban North,

4051

FMI House, 2 Heleza Blvd,

Sibaya 072 028 9151

Justinel@idmconsultants.co.za

EDTEA EIA Reference Number: TBD October 2021

(2)

DETAILS OF THE IND EP ENDENT ENVIRONMENTAL ASSESSMENT PRACTITIO NER (EAP) FOR THE BASIC ASSESSMENT REPORT AN D ENVIRONMENTAL MANA GEMENT PLAN

Compiled by:

EAP: Mr. Justin Pietro Ellero

Qualifications: MSc (Geography) (UKZN) • BSSH (Environmental Science – Cum Laude) (UKZN) • BSS (Geography and Environmental Management) (UKZN) • Advanced Course (Environmental Law) (UNISA)

Work Experience: Justin Ellero is an Environmental Assessment Practitioner with six years’

experience in conducting Environmental Impact Assessments, Water Use License Applications, Mining applications and Waste Management Licensing. His project experience list includes municipal pipelines, Eskom powerlines, Eco-Lodge developments, residential estates, industrial parks, mining permits and development at the King Shaka International Airport. As of the 30^th of November 2019, Justin is a fully registered Environmental Assessment Practitioner (Reg Nbr: 2019/178) with The Environmental Assessment Practitioners Association of South Africa.

I, Justin Pietro Ellero confirm:

 The correctness of all information within the BAR and EMP;

 All I&APs comment and inputs have been included in this Report;

 The inclusion of inputs and recommendations from the specialist reports where relevant;

and

 I do not have and will not have any vested interest (either business, financial, personal or other) in the proposed activity proceeding other than remuneration for work performed in terms of the NEMA Regulations.

An undertaking of oath can be found at the end of this application.

(3)

Contents Page

DETAILS OF THE INDEP ENDENT ENVIRONMENTAL ASSESSMENT PRACTITIONER (E AP)

FOR THE BASIC ASSESS MENT REPORT AND ENVI RONMENTAL MANAGEMENT PLAN ... 2

1 BACKGROUND INFORM ATI ON ... 6

1.1 I NT R O D U C T I O N ... 6

1.2 LEGAL FRAMEWORK ... 6

1.2.1 Environmental Impact Assessment (EIA) Regulations of 2014 (as amended) ... 6

1.2.2 Other Legislation ... 9

1.3 PU R P O SE O F T H E EMP ... 14

1.3.1 Objectives of the EMP ... 15

1.3.2 Different phases of the EMP ... 15

1.3.3 Key role players ... 16

1.3.4 Environmental Awareness ... 17

1.3.5 Environmental Documents available on site ... 17

2 PROJECT DESCRIPTION AND LOCATION ... 19

2.1 AC T I V I T Y LO C AT I O N ... 19

2.2 DE SC R I P T I O N O F T H E P R O P O SE D A C T I V I T Y ... 19

2.3 DE SC R I P T I O N O F T H E E N V I R O N M E NT L I K E L Y T O B E A F F E C T E D B Y T H E P R O P O SE D MS I M B A Z I RI V E R EC O-EST A T E DE V E L O P M E N T ... 22

2.4 DI F F E R E NT P H A SE S O F T H E MSI M B A Z I RI V E R EC O-ES T A T E ... 22

2.4.1 Site Planning and Design ... 22

2.4.2 Site establishment ... 23

2.4.3 Construction ... 23

2.4.4 Operational Phase of the development lifecycle ... 24

2.4.5 Rehabilitation Phase ... 24

2.5 AC C E S S T O T H E SI T E A N D I N T E R N A L R O A D S ... 24

2.6 SE R V I C E P R O V I S I O N... 25

2.7 HE A L T H A ND SA FE T Y ... 26

3 POTENTIAL ENVIRONM EN TAL IMPACTS OF THE P ROPOSED MSIMBAZI RIV ER ECO-ESATE DEVELOPMENT ... 27

3.1 CR I T E R I A O F A S S I G NI NG S I G N I F I C AN C E T O P O T E NT I A L I M P AC T S ... 27

3.2 IM P A C T AS S E S SM E NT SI G NI F I C A NC E OF EA C H IM P A C T, BO T H WI T H AN D WI T H O U T MI T I G A T I O N ME A S U R E S ... 27

3.3 MI T I G A T I O N M E A S U R E S T O B E I M P L E M E NT E D A S P E R T H E D I F FE R E N T P H A S E S O F T H E D E V E L O P M E NT LI FE C Y C L E ... 29

(4)

4 MANAGEMENT PLANS FOR THE PROPOSED M SIMBAZ I RIVER ECO -ESTATE

DEVELOPEMENT ... 42

4.1 SP I L L C O NT A I N M E N T ... 42

4.2 AL I E N M A N A G E M E NT CO N T R O L ... 43

4.2.1 Purpose of alien management Control ... 43

4.2.2 Types of alien vegetation ... 43

4.2.3 Alien control must occur through ... 44

4.2.4 Specific Alien plant eradication Plan for the Msimbazi River Eco-Estate development 44 5 PLANNED MONITORING A ND PERFORMANCE ASSESSMENT OF THE ENVIRONMENTAL MANAGE MENT PLAN. ... 46

5.1 LI S T O F I D E NT I F I E D I M P AC T S R E QU I R I NG M O NI T O R I N G P R O G R AM M E S. ... 46

5.2 FU NC T I O N A L R E QU I R E M E N T S FO R M O N I T O R I N G P R O G R A M M E S. ... 47

5.3 NO N-C O M P L I A N C E ... 47

5.4 MO NI T O R I N G O F A L I E N P L A NT S ... 48

LIST OF TABLES Table 1.1: Triggered Activities for the proposed Msimbazi River Eco-Estate development ... 7

Table 1.2: Additional Legislation applicable to the proposed Msimbazi River Eco-Estate ... 10

Table 3.1: Summary of environmental impacts for the proposed Msimbazi River Eco-Estate development ... 27

Table 3.2:Environmental Management Plan Mitigation Measures ... 30

Table 4.1: List of identified impacts requiring monitoring programmes ... 46

LIST OF FIGURES Figure 2.1:Locality map of the proposed Msimbazi River Eco-Estate development ... 19

Figure 2.2:The Msimbazi River Eco-Estate development master layout plan ... 21

LIST OF ANNEXURES

Annexure A: Impact Methodology

ABBREVIATIONS

BA Basic Assessment

BSP Biodiversity Stewardship Programme

C Construction

CBA Critical Biodiversity Area

(5)

CFA Continuous Flight Auger

DWS Department of Water and Sanitation

EA Environmental Authorisation

EAP Environmental Assessment Practitioner

EDTEA Economic Development, Tourism and Environmental Affairs

EIA Environmental Impact Assessment

EIS Ecological Importance and Sensitivity

EMP Environmental Management Plan

ETo Potential Evaporation

ESA Ecological Support Areas

FAR Floor Area Ratio

FEPA Freshwater Ecosystem Priority Area

HA Hectare

IDME Integrated Development Management Environmental IHAI Index of Habitat Integrity Assessment

KZN KwaZulu-Natal

M Metres

MM Millimetres

NBA National Biodiversity Assessment

NPAES National Protected Areas Expansion Strategy

NFEPA National Freshwater Ecosystem Priority Area

NWA National Water Act

O Operational

PES Present Ecological State

SCC Species of Conservation Concern

TSCP Terrestrial Systematic Conservation Plan

WM With Mitigation

WMA Water Management Area

WOM Without Mitigation

WULA Water Use License Application

(6)

1 BACKGROUND INFORMATION 1.1 I NT R OD U CT I O N

An application has been submitted to the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA) by Msimbazi Developments (Pty) Ltd (The Applicant) for the proposed Msimbazi River Eco-Estate located in the eThekwini Metropolitan Municipality. IDM Environmental (IDME) has been appointed as the independent Environmental Consultant by Msimbazi Developments (Pty) Ltd to conduct the Basic Assessment (BA) process for the development in terms of the EIA Regulations of 2014 (as amended).

The proposed development will comprise of 720 two-bedroom flats within 48 blocks and a Community Centre. The estate will be fully fenced and will have a guarded entrance. Residential units will be situated on the elevated areas of the property whilst the Community Centre and certain services will occupy the low-lying area. The remaining portion of property will be converted to a non-useable conservation zone, which will protect both the sensitive indigenous vegetation as well as the freshwater features located on site, and serve as an additional and important development buffer.

As part of this legal permitting process an EMP has been drafted. This serves as a legally binding document that must be complied with and strictly enforced by the Applicant, Construction/Operational Manager and all workers associated with the proposed Msimbazi River Eco- Estate development.

1.2 LEGAL FRAMEWORK

There exists various legislation that relates to the environmental industry in South Africa. The environmental legislation continues to evolve, resulting in both legislative and regulatory changes that have a material impact on any company and its operations. Environmental legislation in South Africa was promulgated because environmental degradation must at the very least be minimised and at the most prevented. The South African Constitution gives the people of South Africa the right ‘to an environment that is not harmful to their health or well-being’ (Bill of Rights, Chapter 24). The various environmental legislation pertinent to the proposed development is detailed below.

1.2.1 EN V I R O N M E NT A L IM P A CT AS SE S SM E NT (EIA) RE G U LA T I O N S O F 2014 (A S A M E N D E D)

The EIA Regulations of 2014 (as amended), requires Environmental Authorisation (EA) from the competent authority (EDTEA) for activities listed in Government Notice Regulations 324, 325 & 327. It has been determined that a Basic Assessment is required for the proposed Msimbazi River Eco-Estate.

Table 1.1 contains the triggered activities for the EA permit.

(7)

Table 1.1: Triggered Activities for the proposed Msimbazi River Eco-Estate development

Activity Number

Description Impact on the

proposed project

GNR 327/Listing Notice 1 – Activity 12

The development of infrastructure or structures with a physical footprint of 100 square metres or more where such development occurs —

(c) if no development setback exists, within 32 metres of a watercourse, measured from the edge of a watercourse.

The development of infrastructure with a physical footprint of more than 100 square metres within 32m of a watercourse (The Depression Wetland).

The development of a road —

(i) [a road] with a reserve wider than 13,5 meters, or where no reserve exists where the road is wider than 8 metres;

Internal roads turn around points will be greater than 13,5m.

Residential, retail, recreational, tourism, commercial or institutional developments of 1 000 square metres or more, on land previously used for mining or heavy industrial purposes.

The proposed

development

comprises of a residential housing estate occupying an area greater than 1000 square metres over land that was previously informally mined for shale.

The clearance of an area of 1 hectares or more, but less than 20 hectares of indigenous vegetation.

More than 1ha of indigenous vegetation will be lost during the development of the Msimbazi

Development.

(8)

Residential, mixed, retail, commercial, industrial or institutional developments where such land was used for agriculture, game farming, equestrian purposes or afforestation on or after 01 April 1998 and where such development:

(i) will occur inside an urban area, where the total land to be developed is bigger than 5 hectares; or

(ii) will occur outside an urban area, where the total land to be developed is bigger than 1 hectare.

The development comprises of a residential housing estate occupying an area greater than 1000 square metres over land that was previously farmed.

The development of a road wider than 4 metres with a reserve less than 13,5 metres.

d. KwaZulu-Natal

i. In an estuarine functional zone;

viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;

xii. Outside urban areas:

(bb) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.

The development of internal and external roads wider than 4m within:

• The Mzimbazi estuarine functional zone;

• A CBA; and

• Within 1 kilometre from the high-water mark.

The clearance of an area of 300 square metres or more of indigenous vegetation except where such clearance of indigenous vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan.

d. KwaZulu-Natal

iv. Within any critically endangered or endangered ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as critically endangered in the National Spatial Biodiversity Assessment 2004;

v. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;

The clearance of more than 300 square metres of indigenous vegetation within:

 The Mzimbazi estuarine

functional zone;

 A CBA; and

 DMOSS.

(9)

vii. On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning; or

xiii. In an estuarine functional zone.

The development of—

(ii) infrastructure or structures with a physical footprint of 10 square metres or more;

where such development occurs—

(c) if no development setback has been adopted, within 32 metres of a watercourse, measured from the edge of a watercourse;

d. KwaZulu-Natal

i. In an estuarine functional zone;

vii. Critical biodiversity areas or ecological support areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;

x. Outside urban areas:

(bb) Areas seawards of the development setback line or within 1 kilometre from the highwater mark of the sea if no such development setback line is determined.

The development of infrastructure with a physical footprint of more than 10 square metres within 32m of a watercourse

(Depression Wetland) within:

 The Mzimbazi estuarine

functional zone;

 A CBA; and

 Within 1 kilometre from the high- water mark

The triggered activities for the proposed Msimbazi River Eco-Estate Development are Activities 12, 24, 26, 27 and 28 of GN 327 (Listing Notice 1) and Activities 4, 12 and 14 of GN 324 (Listing Notice 3).

Listing Notice 1 and 3 requires a BA process to be conducted as per the EIA Regulations of 2014 (as amended).

1.2.2 OT HE R LE G I S LA T I ON

Additional legislation that is applicable to this process includes, but is not limited to, the following:

(10)

Table 1.2: Additional Legislation applicable to the proposed Msimbazi River Eco-Estate

Legislation Relevance to the development

The Constitution The Constitution of the Republic of

South Africa

Section 24

The Constitution stipulates that everyone has the right to an environment that is not harmful to their health or well-being; and the right to have the environment protected, for the benefit of the present and future generations, through reasonable legislative and other measures. The Constitution has thus paved the way for environmental legislation and NEMA in South Africa post-1994 and the need to find a new approach to protecting the environment in an integrated and sustainable manner. This BAR embodies the principals of the Constitution in its formulation.

Applicable Legislation The National Environmental

Management Act (No. 107 of 1998)

and

The Environmental Impact Assessment Regulations of 2014 (as amended)

The BA is being undertaken as per the requirements of this Act. All possible impacts from the development have been assessed and appropriate mitigation and management measures as per the impact hierarchy tool have been proposed. This to ensure the impacts from the development are reduced to an acceptable standard and that the development option chosen is the most environmentally sustainable option available.

The National Water Act (No. 36 of 1998)

A Full Water Use License Application (WULA) is in the process of being applied for from the Department of Water and Sanitation (DWS) due to the medium risk posed by the development on the surrounding environment. The following Section 21 Water Uses are being applied for:

 C (related to impeding or diverting the flow of water in a watercourse);

 G (Disposing of waste in a manner that may detrimentally impact a water resource);

 F (Disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process); and

(11)

 I (related to altering the bed, banks, course or characteristics of a watercourse).

A pre-application meeting has already been conducted and requirements for the Full WULA discussed. All documents will be uploaded onto the DWS eWULAAs portal for review after a Public Participation Process of 60 days is conducted. The DWS will then make a decision on the issuing of the authorisation. If the Full WULA is granted, the Applicant will be required to adhere to the strict management and mitigation measures as specified in the Report.

The National Environmental Management: Biodiversity Act (No.

10 of 2004)

The objectives of this Act are (within the framework of NEMA) to provide for:

 The management and conservation of biological diversity within the Republic of South Africa and of the components of such diversity;

 The use of indigenous biological resources in a sustainable manner; and

 The fair and equitable sharing among stakeholders of benefits arising from bio-prospecting involving indigenous biological resources.

Furthermore, NEMBA specifies that a person may not carry out a restricted activity involving either:

a) A specimen of a listed threatened or protected species;

b) A specimen of an alien species; or

c) A specimen of a listed invasive species without a permit.

Invasive and alien plant species will be required to be removed from the site as per the Alien Management Plan contained in this EMP.

The removal of invasive and alien species will take place prior to site establishment and continue through to the Operational phase.

The National Environmental Management: Waste Act (No. 59 of 2008)

The Applicant is required to minimize the generation of waste created. All waste generated on site will need to be dealt with according to the EMP. Key to the limiting of waste is appropriate

(12)

training programmes being implemented and enforced and encouraging of recycling.

The National Environmental Management: Air Quality Act (No.

39 of 2004)

Mitigation measures to control air and dust pollution will be implemented during the different phases of the development lifecycle as per this EMP to ensure compliance with this Act.

The National Environmental Management: Integrated Coastal Management Act (No. 24 of 2008)

To establish a system of integrated coastal and estuarine management in the Republic, including norms, standards and policies, in order to

 promote the conservation of the coastal environment, and maintain the natural attributes of coastal landscapes and seascape;

 to ensure that development and the use of natural resources within the coastal zone is socially and economically justifiable and ecologically sustainable;

 to define rights and duties in relation to coastal areas;

 to determine the responsibilities of organs of state in relation to coastal areas;

 to prohibit incineration at sea;

 to control dumping at sea, pollution in the coastal zone, inappropriate development of the coastal environment and other adverse effects on the coastal environment;

 to give effect to South Africa’s international obligations in relation to coastal matters; and

 to provide for matters connected therewith.

The National Forests Act (No. 84 of 1998)

In terms of section 15(1) of the National Forests Act (NFA), no person may cut, disturb, damage or destroy any protected tree or possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree or any product derived from a protected tree, except under a licence or exemption granted by the Minister to an applicant and subject to such period and conditions as may be stipulated.

The National Veld and Forest Act (No. 101 of 1998)

The purpose of this Act is to prevent and combat veld, forest and mountain fires throughout the Republic. The Act provides for a variety of institutions, methods and practices for achieving this

(13)

purpose. Firefighting equipment will be available on site during the different phases of the project lifecycle.

The Conservation of Agricultural Resources Act (No. 43 of 1983)

To provide for control over the utilization of the natural agricultural resources of the Republic in order to promote the conservation of the soil, water sources and the vegetation. The Act further requires the combating of weeds and invader plants.

The Occupational Health and Safety Act (No. 85 of 1993)

The employer needs to manage his/her staff and crew in strict accordance with the Occupational Health and Safety Act in order to prevent injuries to the staff.

The National Heritage Resources Act (No. 25 of 1999)

This Act has been put into place to protect and conserve heritage resources. If anything of heritage importance is found on the proposed site, the operation will be halted and a suitably qualified specialist will be contacted. In consultation with the Applicant and a detailed site visit it was determined that no heritage resources were located on site. Thus no Heritage Assessment was undertaken.

The KwaZulu-Natal Heritage Act (No. 4 of 1998)

This Act has been put into place to conserve and protect heritage resources in the KZN province. If anything of archaeological significance is uncovered, a specialist will be contacted. In consultation with the Applicant no heritage resources were located on site.

The KwaZulu-Natal Biodiversity Spatial Planning

The KwaZulu-Natal Biodiversity Spatial Planning (KZN BSP) defines the areas of land in the form of Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) required to ensure the persistence and conservation of biodiversity within the province (EKZNW, 2016).

The spatial plan then provides a tool to guide conservation and protected area expansion as well as informing economic sectors involved in invasive and alien plant control, conservation officer priorities and guiding the nature of development (EKZNW, 2016).

The spatial guidelines provided by the plan outline two main categories of areas that are required to meet conservation targets for the province (EKZNW, 2016). These two main categories include CBAs and ESAs, including corridors.

Development Framework and Plans

(14)

1.3 PU R P O SE O F T HE EMP

This EMP contains all the necessary mitigation and recommended actions as well as the timeframes and person/s responsible for the actions. The ultimate responsibility of the implementation of the The KZN Provincial Spatial

Development Framework

Alignment of the proposed development to the KZN Provincial Spatial Development Framework (PSDF) has been made. The PSDF is a long term (i.e. > 5 year) spatial framework from which various plans will be implemented. It is informed by the NDP and related spatial policies, and takes its strategic direction from the KZN’s development strategy and related policy frameworks. It conveys the KZN’s spatial agenda to National and Provincial departments, as well as state owned enterprises (SOEs) so that their sector plans and programmes are grounded in a sound and common spatial logic.

The KZN Provincial Growth and Development Plan

The proposed development is aligned with the PGDP, as it addresses the first goal of the PGDP which is that of job creation and local economic development.

Guideline Documents The Public Participation Guideline

in terms of National Environmental Management Act, 1998 - Department of Environmental Affairs, 2017.

Guideline document for Public Participation Process for all EIAs. This document was used to guide the Public Participation Process for the proposed application and ensure the stakeholder engagement process was inclusive. The aim was to communicate as early as possible, with as many people as possible, through as many different channels as possible.

The Guideline on Need and Desirability - Department of Environmental Affairs, 2017.

This Guideline was utilised in the formulation of the needs and desirability of the proposed development application.

The DEFF Screening tool The National Web based DEFF

Environmental Screening Tool

The proposed project details were uploaded onto the DEFF screening tool database. The results of which helped to aid the EAP in not only determining what Specialist studies to conduct, but also influence the assessment of the predicted impacts on the surrounding environment. It must however be noted that while the DEFF tool plays an important part in determining the baseline environmental conditions, it does not replace ground truthing.

(15)

EMP rests upon the Applicant. The EMP is a legally binding document that is an important part of the Environmental Assessment process and needs to be strictly adhered to. Workers and Contractors must be made aware of the EMP, their responsibilities and sensitive /no go areas. Any transgressions must be treated as serious, with remedial action taken. It is important to note that South Africa is a water scarce nation and thus every effort must be made to conserve water and ensure water is not wasted during the different phases of the project lifecycle. These water issues are only likely to be exacerbated with Climate Change.

1.3.1 OB JE CT I V E S O F T HE EMP This EMP has the following objectives:

 To outline functions and responsibilities of the responsible persons involved in the proposed Msimbazi River Eco-Estate development lifecycle;

 To state standards and guidelines which are required to be achieved in terms of the environmental legislation;

 To outline mitigation and management measures and the environmental specifications which must be implemented to ensure environmental and social protection of the surrounding environment; and

 To prevent long-term or permanent environmental degradation.

1.3.2 DI F FE R E NT P H A SE S O F T HE EMP

The EMP provides mitigation and management measures for the following phases of the project:

 Planning

Pre-construction planning is an important phase in ensuring that impacts during the subsequent phases are mitigated and that the EMP will be properly implemented and strictly enforced. The phase lays the foundation for the site establishment and operational phases.

 Site establishment and preparation

Before construction will commence the site must be prepared for operation. Demarcation of the construction site must occur, as well as the set-up of strict no go areas, signage, fencing, the placement of portable toilets and the implementing of erosion and stormwater management measures.

 Construction

This involves the construction of the proposed Msimbazi River Eco-Estate development. This phase has the potential to have the greatest impacts on the environment if proper mitigation measures are not implemented.

 Operation

(16)

This section of the EMP provides mitigation and management principles for the development operation. Environmental actions, procedures and responsibilities as required for this phase of the development are specified.

 Rehabilitation Phase

This section of the EMP provides management principles for the rehabilitation phase. Rehabilitation must be viewed as an on-going process and not confined to one phase of the project lifecycle.

1.3.3 KE Y R OLE P LA Y E R S

• Owner/Operator (Applicant)

The Applicant (as the owner) is ultimately accountable for ensuring compliance with the EMP and conditions specified in the Environmental Authorisation (EA) and Full WULA. An Environmental Control Officer (ECO) must be contracted by the Applicant as an independent appointment, to objectively manage and monitor the implementation of all applicable environmental legislation, the conditions of the EA, WULA and the EMP for the project. The Applicant is further responsible for providing a mandate to enable the ECO to perform his/her responsibilities. The Applicant must ensure that the ECO is integrated as part of the developments project team.

• Construction and Operations Project Manager/s

The Project Manager has the responsibility of managing the project, contractors, and consultants and for ensuring that the environmental management requirements are met. It is of vital importance for the Project Manager to be familiar with the recommendations and mitigation measures of this EMP and ensuring that these measures are implemented. While the ECO will report monthly during the site establishment and construction phases, the Project Manager is responsible for daily and weekly monitoring for compliance. If transgressions occur on site, immediate corrective action must take place and the responsible parties notified. All decisions regarding environmental procedures must be approved by the Project Manager.

• Contractor/s and Sub-contractors

The contractor is responsible for ensuring that construction methods comply with the recommendations and conditions of the EA and EMPr.

 ECO

The Applicant must appoint an independent ECO who will have the responsibility of monitoring and reporting on compliance with the conditions of the EA as well as monitoring and reporting on the implementation of the EMP. The ECO must be appointed before site establishment and preparation, and must remain employed until all rehabilitation measures as well as the site clean-up are completed.

The ECO must be in constant liaison and report to the Applicant, Project Manager and relevant

(17)

Authorities. The ECO must further recommend corrective action due to non-compliance. The ECO will be required to conduct monthly monitoring as specified in Section 4 of this Report.

1.3.4 ENV I R O NM E NT A L AWA R E NE S S

Environmental awareness training must take place before site establishment commences. The ECO must conduct initial induction training with the Applicant, Project Manager and workers. After such the Project Manager is to conduct monthly environmental awareness briefings, in consultation with the ECO. It is of importance that workers are informed of no-go areas and strictly abide by the EMP, Health and Safety Regulations, as well as conditions of the EA, if granted by the Competent Authority.

The approved EMP will provide the basis of the information to be supplied, as well as any other relevant documentation, including any specialist reports. All impacts that could potentially arise and impact the environment will be discussed and explained in detail, as well as required mitigation and management measures. The consequences of not following the mitigation measures as stipulated in the EMP (i.e. non-compliance) will also be addressed.

Some issues that must form part of the environmental training include:

 Demarcation of the project footprint;

 Sensitive no go areas, such as watercourses, flora and fauna habitats;

 Interpretation of Signage on site;

 Site clearing;

 Fauna species may not be harmed or poached;

 Identification of invasive and alien species;

 Erosion control measures;

 Storage and handling of fuels and chemicals on site;

 The repairing of equipment and machinery on site;

 The use of toilets;

 Proper waste disposal and management;

 Spill and emergency plans (including fire);

 Stormwater management;

 Safety and health;

 Noise, dust and light management; and

 The implementation of water saving techniques.

1.3.5 ENV I R O NM E NT A L DOCU M E NT S A V A I LA B LE O N S I T E

(18)

The following documents must be available at all times on site during the different phases of the development lifecycle:

 The approved EA, Full WULA and EMP;

 An Environmental Complaints Register; and

 A list of contacts in case of emergency. This includes details of the Project Manager, Contractor and relevant government departments.

(19)

2 PROJECT DESCRIPTION AND LOCATION

2.1 ACT I V I T Y LOCA T I O N

The proposed Msimbazi development site is situated between Illovo Beach in the north and the Umgababa Township to the south in the southern coastal area of the eThekwini Metropolitan Municipality (Figure 2.1). The development site itself is bordered by a residential estate in the north, a community rehab centre and tourism establishments in the east, the Msimbazi Estuary in the south and agricultural land, as well as the National Route 2 (N2 Freeway) in the west.

Figure 2.1: Locality map of the proposed Msimbazi River Eco-Estate development

2.2 DE SCR I P T I ON O F T HE P R OP OSE D A CT I V I T Y

The proposed Msimbazi River Eco-Estate development will comprise of 720 flats within 48 blocks and a Community Centre. Each flat will consist of the following features:

 Will be around 60 sqm in size;

 Contain two bedrooms;

 One bathroom;

 A kitchen, lounge and balcony; and

(20)

 Be allocated one parking space.

The estate will be fully fenced and will have a guarded entrance and CCTV cameras. Fibre will further be available to all units. The residential units will be situated on the elevated areas of the property whilst the Community Centre and certain services will occupy the low-lying area. The remaining portion of property will be converted to a non-useable conservation zone, which will protect both the sensitive indigenous vegetation as well as the freshwater features located on site. The Applicant will be required to maintain this area and remove all invasive and alien species, and thereafter manage and monitor this area to ensure its sustained ecological value. No infrastructure or services are located within the 1:100 year floodline on the Msimbazi property. Infrastructure where necessary has been raised.

(21)

Draft Environmental Management Plan for the proposed Msimbazi River Eco-Estate development

Figure 2.2: The Msimbazi River Eco-Estate development master layout plan

(22)

Draft Environmental Management Plan for the proposed Msimbazi River Eco-Estate development

2.3 DE SCR I P T I ON OF T HE E N V I R ON M E NT LI KE LY T O B E A F FE CT E D B Y T H E P R OP O SE D

MSI M B A Z I R^{I V E R}E^{C O}-E^{ST A T E}DE V E LO P M E NT

The proposed Msimbazi site is located on the east coast of South Africa in the southern portion of the eThekwini Metropolitan Municipality. The site is bordered by the sensitive Msimbazi Estuary and numerous other watercourses. In terms of topography, the greater majority of the site is defined by former dune slopes which occupy all but the eastern and southern portions of the site. Slope grades range from relatively level to mild in the eastern and south-eastern portions of the site adjacent to the watercourse, to moderately steep over the balance of the site.

The site has been disturbed in the past with buildings and associated infrastructure in the southeast corner and along the road running between the site and the river. In addition, a large area of the site has been cleared and used for commercial agricultural cultivation, as well as informal mining after farming ceased. This mining resulted in important indigenous vegetation being removed (which was establishing after decades of farming), as well as supporting the spread of invasive and alien plants which has come to dominate that section of the property.

According to Mucina and Rutherford (2006), there are three vegetation types (the KwaZulu-Natal Coastal Belt Grassland, Scarp Forest and Subtropical Estuarine Salt Marshes) located within the Msimbazi site. The site comprises of a large area of secondary vegetation that has been disturbed in the past. There has thus been an influx of several invasive and alien species resulting in completely transformed vegetation in these areas. Some of these areas have recovered to comprise indigenous coastal scrub typical in its species composition but with several saplings of indigenous trees indicating that it may, in time, revert to forest. Narrow sections adjacent to the southern road, western sugarcane fields and northern housing development comprise of indigenous forest, with the largest patch present on the highest point of the site along a very steep slope. A wetland is also present to the east of the site. No Species of Conservation Concern were found on site though it is highly likely that some species occur within the forest areas. The site further falls within a Critical Biodiversity Area and within DMOSS.

2.4 DI F FE R E N T P H A SE S O F T HE MS I M B A Z I RI V E R ECO-EST A T E

2.4.1 SI T E PLA NN I NG A ND DE S I G N

Before the site establishment and construction phases commence, careful planning must take place which will lay the foundations for the proceeding phases. This will ensure that impacts can be identified at the earliest possible stage and appropriate mitigation measures employed. This in order to prevent/ minimise impacts to acceptable/low levels. The Basic Assessment Report (BAR) and associated Appendices forms one part of this planning process. Before site establishment,

(23)

construction and operation can occur, it is of the utmost importance that the Applicant and Project Manager ensure plans are in place to implement the mitigation and management measures in the EMP and that rehabilitation is an on-going process, which is not solely defined to the Closure phase on the environment.

2.4.2 SI T E E ST A B L I S HM E N T

The site preparation and establishment phase will comprise of the following activities:

 Environmental training and awareness for all employees, contractors and sub-contractors;

 The setting up of the construction camp and the provision of temporary services;

 The demarcation of the development footprint and strict ‘no-go’ areas (especially around the specialist buffers, the surrounding watercourses, riparian and sensitive vegetation that will not be removed during construction);

 The erecting of signage and fences. This includes erecting of signage warning the public that construction activities are taking place on the property and the provision of a contactable number on this sign in the event of an emergency situation. Access to the construction site must as far as possible be further restricted and monitored;

 The placement of portable toilets (as far away from the surrounding watercourses as possible), bins (this must be secured and emptied regularly), spill kits and first aid kits. There must be a dedicated first aider on site at all times;

 The stockpiling of fertile topsoil for use in rehabilitation;

 Preparing the tracks for movement of heavy vehicles on site;

 Preparing equipment and vehicles for the construction phase;

 Ensuring that there are no protected or endangered vegetation species on site (this must be confirmed by a suitably qualified individual. A Plant Rescue and Relocation process must be undertaken.);

 Implementing of erosion and stormwater control on site.

2.4.3 CO N ST R U CT I O N

Once the site has been prepared, construction will commence which will involve the development of the various flats and associated infrastructure. According to the Geotechnical Report (Appendix 9), the site is largely stable and suitable for the type of development proposed. However, the strict mitigation measures specified in the Report must be adhered to due to the sites steep gradient in places and the possibility of potential erosion and stormwater runoff. Dry stack retaining walls will be constructed with drainage above the walls for erosion protection. A concrete capping will be constructed over the top course of all dry stack walls. On walls over 4m, a 1m step will be constructed

(24)

to relieve ground pressures. Suitably experienced contractor/sub-contractors must be appointed and must take note of the recommendations in the various specialist reports.

All earthworks must be carried out in a manner to promote stable development of the site. The earthworks recommended must be carried out utilising the SANS 1200 guidelines. The majority of the earthworks must be undertaken in the low rainfall months due to the nature of the site. The construction phase must as far as practically possibly take a phased approach to prevent the clearing of the entire site at one point, which will leave the site vulnerable to adverse weather conditions that will contribute to erosion and stormwater runoff.

2.4.4 OP E R A T I O N A L PHA SE O F T HE D E V E LO P M E NT LI FE C Y CLE

The development will provide 720 two-bedroom flats marketed towards the affordable housing sector. The development will cater for the areas of social housing that is desperately needed in the Province and the eThekwini Metropolitan Municipality. The Estate will align with the concept of sustainable living and will utilise energy efficient technology, recycled/harvested water and implement waste recycling programmes. The development will align with the Government’s Sustainable Development Goals to provide affordable housing developed with sustainability as a main development objective. The Estate is secure and built around the notion of being a “smart estate” also in line with the Sustainable Development Vision of creating smart cities and allowing every South African access to information and technology in a secure community environment.

2.4.5 RE HA B I LI T A T I ON PH A SE

Rehabilitation must be seen as an on-going process and not solely confined to one phase in the lifecycle of the development. Rehabilitation will include the revegetation of any disturbed area and the creation of a stable land surface that is not subject to erosion or inundation of water. Revegetation must aim to accelerate the natural succession processes so that a healthy plant/riparian community develops. Rehabilitation measures have been proposed in this EMP and must be strictly adhered to.

Rehabilitation of the surrounding portion of property not developed upon will occur and this area will be converted into a non-useable conservation zone.

2.5 ACCE S S T O T HE SI T E A ND I NT E R NA L R OA D S

The existing P491 will be the access road used for proposed Msimbazi development site and is located directly off the R102. The P491 road, which runs approximately perpendicular to the northern bank of the Msimbazi estuary in the middle reaches, was constructed 1.2 m above the 1:100 year flood line, making this road the effective northern bank of the estuary since 1940 (Mark Ducasse & Associates 2020). Notwithstanding, the 1:100 year flood line from the eThekwini GIS website does not take into account the existence of the P491, and therefore includes an area north of the road, within which

(25)

locality portions of the STP, storage tanks and guardhouse are situated, albeit raised above and thus out the floodline.

In order to accommodate increased traffic flows, this P491 road will be upgraded. This upgrade includes the installing of large culverts to facilitate ecosystem connectivity between the Depression Wetland and the Msimbazi estuary. The Depression Wetland was part of the Msimbazi estuarine system, before the P491 severed this connectivity. This restoration of connectivity will help improve the health and provisioning of ecosystem services for the Msimbazi Estuary. However, this restoration will place the Amanzimtoti Community Upliftment Project (AMCUP) facility within the 1:100 year flood line and at flooding risk. In order to prevent the flooding of this facility both protection boundaries will be built and the new culverts installed will be able to be temporary closed should the water level rise high enough to pose a risk to the AMCUP facility. The artificial manipulation of the Msimbazi estuary mouth is not supported, thus the protection boundaries and being able to temporary close the culverts will be an essential requirement of the EA.

2.6 SE R V I CE P R OV I S I ON

Bulk Water supply: Water reticulation will be designed as per indicated in the “Guidelines for the provision of engineering services in residential Townships’’. An allowance of 700 litres per flat per day is to be used for design purposes. The intention of this site is to be as self-sustainable as possible. A municipal connection in P491 is to be made. From previous development efforts for the site, eThekwini Water and Sanitation has confirmed there is an adequate supply available for the 720 affordable units. It is however also the intention of the development to harvest all stormwater and treated effluent waste on site and incorporate this into bulk water supplies. Large water storage devices will we constructed on site for collection purposes and later treatment. This will help alleviate the strain placed on Municipal supplies and ensure the proposed development embodies sustainable principals.

Sewage Disposal: The proposed Msimbazi River Eco-Estate Development will treat all effluent on site and integrate waste water into bulk water supplies. All installations will be to the eThekwini Municipality and Department of Water and Sanitation standards. Effluent will be collected and will gravitate to the gatehouse area where the Sewage Treatment Plant (STP) is to be located.

Electricity: There is an 11000 Volt network in close proximity to the Msimbazi site according to discussions held with the eThekwini Metropolitan Municipality. This network will be able to meet the development’s demands. Energy efficient technology will be installed in alignment with sustainable development principals and the creation of energy efficient housing estates.

(26)

Solid waste disposal: Collection will be undertaken on a weekly basis by the eThekwini Metropolitan Municipality. Landfill sites are available in the area. Bin areas are also located on each block of flats for collection. Recycling will be undertaken.

Stormwater: The intension of the development is to harvest stormwater and incorporate this into the bulk water supply system for the proposed Development. All stormwater generated off roofs and roads will be directed to three large proposed attenuation / storage structures holding a total capacity of 3,5Ml. The capacity of the collection and attenuation structures are over twice the required attenuation volume required due to the aim of incorporating stormwater into the bulk water supply.

This water will be immediately pumped to the Water Treatment Plant for treatment and purification before being introduced into the potable system. Any stormwater not being managed by the structures will flow into well vegetated areas as dispersed flow and eventually into surrounding watercourses.

2.7 HE A LT H A N D SA FE T Y

The Applicant must further adhere to the Health and Safety Act (No. 29 of 1996). This includes, but is not limited to the following:

 Workers must be provided with dust masks when working in conditions that require protective measures;

 All workers on site must be medically tested annually to ensure fitness to work on at the development;

 Operators of equipment and vehicles must be licenced and trained;

 Vehicles must be properly maintained. Hooters and lights must be in working order;

 Clean water must be provided to workers in a suitable container;

 There must be a registered first aider and medical equipment, should the need arise;

 The site area must be restricted to the public and warning signs clearly visible;

 The site must be clearly demarcated, with no-go areas identified and avoided;

 Accidents on site must be immediately reported and suitable action taken;

 Spill kits must be available if the need arises;

 Acceptable sanitation must be provided to workers; and

 Rehabilitation must ensure the site is left in safe condition.

(27)

3 POTENTIAL ENVIRONMENTAL IMPACTS OF THE PROPOSED MSIMBAZI RIVER ECO-ESATE DEVELOPMENT

3.1 CR I T E R I A O F A SS I G N I N G SI G NI FI CA N CE T O P OT E N T I A L I M P A CT S

Impacts are scored in terms of probability (likelihood of occurrence), extent (spatial scale), intensity (severity/magnitude) and duration. Impact significance is determined by summing the numerical value for the impact rating scales for each impact and multiplying by the probability of that impact occurring.

See Annexure A.

3.2 IM P A CT AS SE S SM E NT SI G NI FI CA N CE OF EA C H IM P A CT, BOT H WI T H AND WI T HO U T

MI T I G A T I ON ME A SU R E S

Please see Table 3.1 for the impact assessment significance of each identified impact. This both with and without mitigation measures.

Table 3.1: Summary of environmental impacts for the proposed Msimbazi River Eco-Estate development

Nature Phase Type Extent Duration Intensity Probability WOM WM

1. Soil pollution and

contamination All Phases Negative Local Medium High Medium Medium Low

2. Compaction of

soils All Phases Negative Site Short Medium Medium Low Low

3. Soil Erosion

All Phases Negative Local Permanent High

Definite High Low

4. Loss of Topsoil

All Phases Negative Site Short Medium Medium Low Low

5. Impact on water quality of the freshwater watercourses

Site establishment

and construction Negative Local Medium High High Medium Low

Operation Negative Local Long Very High High High Medium

6. Increased sediment input into watercourses

Site establishment

Operation Negative Site Long Medium Medium Low Low

Site establishment

(28)

7. Increased floodpeaks in

watercourses Operation Negative Local Medium High High Medium Low

8. Water Quantity

All Phases Negative Local Medium High High Medium

Low

9. Water Quality on groundwater resources

All Phases Negative Local Medium High High

Medium Low

10. Hazardous substance spills (estuarine impacts)

Site establishment

and construction Negative Local Medium High Medium Medium Low

11. Water quality impacts associated with runoff and sedimentation (estuarine impacts)

Site establishment

and construction Negative Local Short Medium Definite Medium Low

12. Loss of riparian vegetation (estuarine impacts)

Site establishment

and construction Negative Local Permanent Medium Definite Medium Low

13. Alterations of water flow, sedimentation and turbidity as a result of stormwater runoff (estuarine impacts)

Operation Negative Local Medium High Definite High Low

14. Decline in water quality as a result of malfunctioning treatment works (estuarine impacts)

Operation Negative Local Medium High Medium Medium Low

15. Impact of the P491 road on estuarine connectivity and on water quality.

Operation Negative Local Permanent Medium Definite Medium Low

16. Pollution emanating from the P491 access road during construction

Construction Negative Regional Medium Medium High Medium Low

17. Pollution emanating from the P491 access road during operation

Operation Negative Local Medium Medium Definite Medium Low

(29)

3.3 MI T I G A T I ON M E A SU R E S T O B E I M P LE M E NT E D A S P E R T HE D I F FE R E N T P H A SE S OF T HE D E V E L OP M E N T LI FE CY CLE

Please see Table 3.2 below containing the various mitigation measures to be employed as per the different phases of the development lifecycle:

18. Impact of potential back flooding of the estuary

Operation Negative Local Medium High High Medium Low

19. Impact on faunal

activity All Phases Negative

Regional Permanent Medium Definite High

Low

20. Loss of Vegetation

communities All Phases Negative Regional Permanent High Definite High

Medium

21. Loss of flora SCC

All Phases Negative Regional Permanent High High

High Low

22. Fragmentation

and edge effects All Phases Negative Regional

Permanent Medium Definite High

Low

23. Spread of invasive alien

plants All Phases Negative Local Permanent High Definite

High Low

24. Noise Impacts

All Phases Negative Local Permanent Medium Definite Medium Low

25. Air pollution and the creation of

dust All Phases Negative Local Medium Medium High Medium Low

26. Light Pollution

All Phases Negative Local Permanent Low Definite Low Low

27. Visual Impacts

All Phases Negative Regional Permanent Low Definite Medium Low

28. Solid waste

disposal All Phases Negative Local Long Medium Medium Medium Low

29. Increase in

Traffic All Phases Negative Regional Permanent High High High

Low

30. Social Impacts

All Phases Positive Regional Permanent High Definite High N/A

All Phases Negative Local Long Low Medium Low Low