Appendix E Permits / licences and comments

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Appendix E Permits / licences and comments

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Appendix E1: Heritage Western Cape – NID Response

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Our Ref: HM/ CITY OF CAPE TOWN / PHINSANTEKRAAL / ERF 1690, PTN 32 OF FARM 168

Enquiries: Stephanie-Anne Barnardt

E-mail: [email protected]

Tel: 021 483 5959

Pieter van der Westhuysen

[email protected],[email protected]

NOTIFICATION OF INTENT TO DEVELOP: PROPOSED DEVELOPMENT OF A STORMWATER POND AND CHANNEL ON ERF 1690, PTN 32 OF FARM 168, PHINSANTEKRAAL, SUBMITTED IN TERMS OF SECTION 38(8) OF THE NATIONAL HERITAGE RESOURCES ACT (ACT 25 OF 1999)

CASE NUMBER: 21072901SB0729E The matter above has reference.

Heritage Western Cape is in receipt of additional information for the above matter received. This matter was discussed at the Heritage Officers meeting held on 19 August 2021.

You are hereby notified that, since there is no reason to believe that the proposed development of a stormwater pond and channel on ERF 1690, Portion 32 of Farm 168, Phinsantekraal will impact on heritage resources, no further action under Section 38 of the National Heritage Resources Act (Act 25 of 1999) is required.

However, should any heritage resources, including evidence of graves and human burials, archaeological material and paleontological material be discovered during the execution of the activities above, all works must be stopped immediately, and Heritage Western Cape must be notified without delay. Fossil finds procedure to be included in environmental authorization.

This letter does not exonerate the applicant from obtaining any necessary approval from any other applicable statutory authority.

HWC reserves the right to request additional information as required.

Should you have any further queries, please contact the official above and quote the case number.

Yours faithfully

………

Michael Janse van Rensburg Chief Executive Officer

RESPONSE TO NOTIFICATION OF INTENT TO DEVELOP: FINAL

In terms of Section 38(8) of the National Heritage Resources Act (Act 25 of 1999) and the Western Cape Provincial Gazette 6061, Notice 298 of 2003

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Appendix E21: Zoning Map

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Appendix E21: Zoning Map

According to the City of Cape Town Map Viewer, the site for the proposed regional stormwater pond and associated infrastructure (red outline) is zoned as “Utility”,

“Transport 2” and “Agriculture”

(Source: City of Cape Town Map Viewer, 12 July 2021]

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Appendix E21: Zoning Map

According to the City of Cape Town Map Viewer, the site for the proposed regional stormwater pond and associated infrastructure is zoned as “Utility”,

“Transport 2” and “Agriculture”

(Source: City of Cape Town Map Viewer, 12 July 2021

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Appendix E23: DEADP Comment on the NoI Form

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Department of Environmental Affairs and Development Planning Bernard Kgosana Development Management (Region 1) [email protected] | Tel: 021 483 0753

www.westerncape.gov.za

Department of Environmental Affairs and Development Planning

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REFERENCE NUMBER: 16/3/3/6/7/1/A5/31/2122/21 ENQUIRIES: BERNARD KGOSANA

DATE: 09 SEPTEMBER 2021

The Director

Dexter Estates (Pty) Ltd.

1^st Floor, Waterfront Terraces, Block 2 3 Waterfront Road

Tyger Waterfront Carl Cronje Drive BELLVILLE

7530

Attention: Mr. P. van der Westhuysen Tel.: (021) 914 1840 Email: [email protected] Dear Sir

COMMENT ON THE NOTICE ON INTENT TO SUBMIT AN APPLICATION IN TERMS OF THE NEMA EIA REGULATIONS, 2014 (AS AMENDED) AND THE APPROVAL OF THE PUBLIC PARTICIPATION PLAN (“PP PLAN”) FOR THE PROPOSED DEVELOPMENT OF A REGIONAL STORMWAER POND ON PORTIONS 32 AND 33 OF THE FARM NO.168, FISANTEKRAAL.

1. The Notice of Intent dated 22 July 2021 and received by this Department via electronic mail correspondence on 28 July 2021, this Directorate’s acknowledgement thereof dated 10 August 2021, the pre-application meeting held on MS Teams between the Environmental Assessment Practitioner and officials of this Directorate on 11 August 2021, the Botanical Screening information dated 15 August 2021 and received by this Department via electronic mail correspondence on 30 August 2021 and Heritage Western Cape’s response to the Notice of Intent to Development received by this Department via electronic mail correspondence on 09 September 2021, refer.

2. Comment on the NOI are therefore as follows:

2.1. Landowner Consent

2.1.1. Please note that landowner consent will be required from landowner of Portion 32 of Farm No. 168, Fisantekraal, Portion 33 of Farm No. 168, Fisantekraal and the holder of servitude right for the development of a stormwater pond. The landowner consents must be submitted along with the application for environmental authorisation.

2.2. Applicable listed activities

2.2.1. Based on the information contained in the NOI, the proposed development will trigger the following listed activities in terms of the NEMA EIA Regulations, 2014 (as amended):

Listing Notice 1 of the NEMA EIA Regulations, 2014 (as amended)

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2.2.1.1. Activity No. 12 Activity Description:

The development of—

(i) dams or weirs, where the dam or weir, including infrastructure and water surface area, exceeds 100 square metres; or

(ii) infrastructure or structures with a physical footprint of 100 square metres or more;

where such development occurs—

(a) within a watercourse;

(b) in front of a development setback; or

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

excluding—

(aa) the development of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or harbour;

(bb) where such development activities are related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies;

(cc) activities listed in activity 14 in Listing Notice 2 of 2014 or activity 14 in Listing Notice 3 of 2014, in which case that activity applies;

(dd) where such development occurs within an urban area;

(ee) where such development occurs within existing roads, road reserves or railway line reserves; or

(ff) the development of temporary infrastructure or structures where such infrastructure or structures will be removed within 6 weeks of the commencement of development and where indigenous vegetation will not be cleared.

2.2.1.2. Activity No. 19 Activity Description:

The infilling or depositing of any material of more than 10 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 10 cubic metres from a watercourse;

but excluding where such infilling, depositing, dredging, excavation, removal or moving—

(a) will occur behind a development setback;

(b) is for maintenance purposes undertaken in accordance with a maintenance management plan;

(c) falls within the ambit of activity 21 in this Notice, in which case that activity applies;

(d) occurs within existing ports or harbours that will not increase the development footprint of the port or harbour; or

(e) where such development is related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies.

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2.2.2. The following listed activities (as included in the NOI) are not triggered by the proposed development and must therefore be removed:

2.2.2.1. Activities 4 and 12 of Listing Notice 3 of the NEMA EIA Regulations, 2014 (as amended).

2.2.2.2. This determination is based on the fact that the Botanical Screening information (compiled by Capensis and dated 15 August 2021) confirms that there is no indigenous vegetation on the proposed site, the aforementioned listed activities are not triggered by the proposed development.

2.3. A Basic Assessment process must be followed in order to apply for environmental authorisation.

You are hereby advised that only that activity applied for will be considered for authorisation. The onus is on the applicant to ensure that the applicable listed activity is applied for and assessed as part of the EIA process.

2.4. Screening Report, Protocols and Specialist Assessments

2.4.1. According to the Screening Report (dated 25 May 2021), the proposed site is located within a medium sensitivity area from an agriculture species perspective, a medium sensitivity area from an animal species perspective, a low sensitivity area from an aquatic biodiversity perspective, a low sensitivity area from an archaeological and cultural heritage perspective, a high sensitivity area from a civil aviation perspective, a very high sensitivity area from a defence perspective, a low sensitivity area from a palaeontology perspective, a medium sensitivity area from a plant species perspective and a very high sensitivity area from a terrestrial biodiversity perspective.

2.4.2. In addition, the Screening Report further identified the following specialist studies to be undertaken:

2.4.2.1. A Landscape/ Visual Impact Assessment;

2.4.2.2. An Archaeological and Cultural Heritage Impact Assessment;

2.4.2.3. A Palaeontological Impact Assessment;

2.4.2.4. A Terrestrial Biodiversity Assessment;

2.4.2.5. An Aquatic Biodiversity Assessment;

2.4.2.6. A Hydrology Assessment;

2.4.2.7. A Socio-Economic Assessment;

2.4.2.8. A Plant Species Assessment; and 2.4.2.9. An Animal Species Assessment.

2.4.3. This Directorate notes that a Site Sensitivity Verification Report (dated July 2021) has been included and remains applicable to the Screening Report (dated 25 May 2021). Based on the Site Sensitivity Verification Report submitted with the NOI form, this Directorate agrees with the information provided by the EAP. The following assessments must be included in the BAR:

2.4.3.1. The Freshwater Impact Assessment; and

2.4.3.2. Engineering Design, Floodline Investigation, and Verification of existing Stormwater Management;

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2.4.4. This Directorate further notes that Heritage Western Cape’s response to the Notice of Intent to Develop has been provided and confirms that no further action under Section 38 of the National Heritage Resources Act, 1999 (Act No. 25 of 1999) is required.

2.5. Content of a Basic Assessment Report (“BAR”)

2.5.1. You are referred to Appendix 1 of the NEMA EIA Regulations, 2014 (as amended) for the requirements with respect to the ‘Content of basic assessment reports’.

2.6. You are advised that when undertaking the Basic Assessment process/ Scoping/EIR process, you must take into account all applicable guidelines, including the guidelines developed by the Department. These 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:

• Circular EADP 0028/2014: One Environmental Management System.

• Guideline for the Review of Specialist Input in the EIA process (June 2005).

• Guideline for Environmental Management Plans (June 2005).

• Guideline on Alternatives (March 2013).

• Guideline on Need and Desirability (March 2013).

• Other (as applicable).

2.7. Exemption

2.7.1. The Directorate notes that you do not intend to apply for exemption from any provisions contained in the NEMA EIA Regulations, 2014 (as amended) or the NEMA. Please note that should exemption from any provisions contained in the NEMA EIA Regulations, 2014 (as amended) or the NEMA be required, an exemption application must be submitted and the exemption process must be finalised before submitting an application for Environmental Authorisation to the competent authority.

2.8. Alternatives

2.8.1. Be advised that in terms of the NEMA EIA Regulations, 2014 (as amended) and the 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 that the Department may grant authorisation for an alternative as if it has been applied for or may grant authorisation in respect of all or part of the activity applied for as specified in Regulation 20 of the NEMA EIA Regulations, 2014 (as amended).

Alternatives are not limited to activity alternatives, but include layout alternatives, design, activity, operational and technology alternatives. Every EIA process must therefore identify and investigate alternatives, with feasible and reasonable alternatives to be comparatively assessed. 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 “no-go” alternative, 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 and the “no-go” alternatives exist.

2.9. Public Participation

2.9.1. Based on the information contained in the Public Participation Plan (dated July 2021), this Directorate agrees to your methods of conducting the Public Participation Process as outlined in the Public Participation Plan (dated July 2021) on condition that the following methods are added to the Public Participation Plan:

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2.9.1.1. Where written comments cannot be provided (either via email or hard copy), provision for a comments box, WhatsApp Messaging Service and/or telephonic recording of comments must be provided;

2.9.1.2. Existing community structures should be used, as far as practically possible, for communication required in terms of this project; and

2.9.1.3. The use of zero data portals should be made available, if required.

2.9.2. Reports must be submitted via email to the case officer, with attached pdf versions of the report or, if too large to attach to an email, to be made available via an electronic link provided in the email that is accessible by the Directorate. The Directorate may require that a hard copy of the reports also be submitted to the Department by a certain date, but will advise you accordingly.

2.9.3. Please be reminded that the Public Participation Process must fulfil the requirements outlined in Chapter 6 of the EIA Regulations, 2014 (as amended), and must take into account any applicable guidelines published in terms of Section 24J of the National Environmental Management Act, 1998 (Act No. 107 of 1998), this Department’s Circular EADP 0028/2014 on the “One Environmental Management System” and the EIA Regulations, 2014 (as amended), as well as any other guidance provided by this Department.

2.9.4. Please note that all proof of having conducted the Public Participation Process in terms of Chapter 6 of the Environmental Impact Assessment (“EIA”) Regulations, 2014 (as amended) must be supplied to this Department.

2.10. Environmental Management Programme (“EMPr”)

2.10.1. In accordance with Section 24N of the NEMA and Regulation 19 of the NEMA EIA Regulations, 2014 (as amended), the Department hereby requires the submission of an EMPr. The contents of such an EMPr must meet the requirements outlined in Section 24N (2) & (3) of the NEMA (as amended) and Appendix 4 of the NEMA EIA Regulations, 2014 (as amended). The EMPr must address the potential environmental impacts of the activity throughout the project life cycle including an auditing protocol for the assessment of the effectiveness of monitoring and management arrangements after implementation. The EMPr must be submitted together with the BAR.

2.11. Need and Desirability

2.11.1. In terms of the NEMA EIA Regulations, 2014 (as amended), when considering an application, this Directorate must take into account a number of specific 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 Amendment Report. The Amendment Report must reflect how the strategic context of the site in relation to the broader surrounding area, has been considered in addressing need and desirability.

3. General

3.1. In addition to the above requirements, 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.

3.2. You are hereby advised that the BAR must contain all the information outlined in Appendix of the NEMA EIA Regulations, 2014 (as amended), and must also include the information requested in this letter. Omission of any of the said information may result in the refusal of Environmental Authorisation.

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4. Please note that the pre-application consultation is an advisory process and does not pre-empt the outcome of any future application which may be submitted to the Department. No information provided, views expressed and/or comments made by officials during the pre-application consultation should in any way be seen as an indication or confirmation:

• that additional information or documents will not be requested; or

• of the outcome of the application.

5. Please note that the activity may not commence prior to obtaining an environmental authorization from the competent authority. 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 of the NEMA will result in the matter being referred to the Environmental Compliance and Enforcement Directorate of this Department. A person convicted of an offence in terms of the above is 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.

6. Kindly quote the above-mentioned reference number in any future correspondence in respect of the pre-application.

This Directorate reserves the right to revise or withdraw comments or request further information based on any information received.

Your interest in the future of our environment is greatly appreciated.

Yours faithfully

p.p.

HEAD OF DEPARTMENT

Copied to: (1) Ms. K. Bedingfield (EAP) Email: [email protected]

(2) Mr. M. Theron (City of Cape Town: ERM) Email: [email protected]

Keagan- Leigh Adriaanse

Digitally signed by Keagan-Leigh Adriaanse Date: 2021.09.09 12:06:04 +02'00'