Title Last name First name Company Mr Dhanooklal Vikesh Ingwe Surface Holdings Mr Fourie BJ Tavistock Holdings Pty Limited Ms Tswai Dineo Mpumalanga Department of Economic Development, Environmenta and Tourism Mr Theledi M.C Mpumalanga Department of Economic Development, Environmental and Tourism Mr Shabane Love Mpumalanga Department of Agriculture, Rural Development and Land Administration Mr Anthony A Mpumalanga Department of Roads & Transport Mr Hoffman Andre Mpumalanga Tourism and Parks Agency Mr Lefifi SS Mpumalanga Department of Safety & Security Ms Buthelezi Thoko Department of Agriculture, Forestry and Fisheries Ms Motaung Cecelia Department of Environmental Affairs Mr Tshivhandekano A Department of Mineral Resources Ms Bopape Goodness Department of Water Affairs Mr Macevele Stanford Department of Water Affairs Ms Mautjana Lerato Department of Water Affairs Mr Mashilo Katisi Nkangala District Municipality Mr Botha J Nkangala District Municipality Cllr Nkwanya AB Nkangala District Municipality Ms Silinda Susan Nkangala District Municipality Mr Mahlangu Vusi Nkangala District Municipality Mr Risimate Ntekele Nkangala District Municipality Mr Zimbwa AG Nkangala District Municipality Mr Fouche W D Steve Tshwete Local Municipality Mr Mabanola T R Steve Tshwete Local Municipality Cllr Masina Mike Steve Tshwete Local Municipality Cllr Mkwansi Augustine Steve Tshwete Local Municipality Mr Madamalala Aubrey Steve Tshwete Local Municipality Mr Mashiloane AT Steve Tshwete Local Municipality Mr Mathebula Elphus Fani Steve Tshwete Local Municipality Ms Mkhuma Elijah Steve Tshwete Local Municipality Mr Mashiloane S Enviro Rehab Africa Mrs Otto Anna Middelburg Chamber of Commerce Mr Bester Coen Middelburg Chamber of Commerce Mr Bosman N.L. Mpumalanga AgriSA Mr Hennie Laas Mpumalanga Landbou/Agriculture Union Mr Kemp Piet Transvaal Agricultural Union of SA Mr Pretorius Koos Federation for Sustainable Development Mr Barnes Garth (WESSA): Northern Region Authorities Directly Affected Landowners NGOs/ Parastatals
Transcript
Title Last name First name Company
Mr Dhanooklal Vikesh Ingwe Surface Holdings
Mr Fourie BJ Tavistock Holdings Pty Limited
Ms Tswai Dineo
Mpumalanga Department of Economic
Development, Environmenta and Tourism
Mr Theledi M.C
Mpumalanga Department of Economic
Development, Environmental and Tourism
Mr Shabane Love
Mpumalanga Department of Agriculture,
Rural Development and Land Administration
Mr Anthony A
Mpumalanga Department of Roads &
Transport
Mr Hoffman Andre Mpumalanga Tourism and Parks Agency
Mr Lefifi SS
Mpumalanga Department of Safety &
Security
Ms Buthelezi Thoko
Department of Agriculture, Forestry and
Fisheries
Ms Motaung Cecelia Department of Environmental Affairs
Mr Tshivhandekano A Department of Mineral Resources
Ms Bopape Goodness Department of Water Affairs
Mr Macevele Stanford Department of Water Affairs
Ms Mautjana Lerato Department of Water Affairs
Mr Mashilo Katisi Nkangala District Municipality
Mr Botha J Nkangala District Municipality
Cllr Nkwanya AB Nkangala District Municipality
Ms Silinda Susan Nkangala District Municipality
Mr Mahlangu Vusi Nkangala District Municipality
Mr Risimate Ntekele Nkangala District Municipality
Mr Zimbwa AG Nkangala District Municipality
Mr Fouche W D Steve Tshwete Local Municipality
Mr Mabanola T R Steve Tshwete Local Municipality
Cllr Masina Mike Steve Tshwete Local Municipality
Cllr Mkwansi Augustine Steve Tshwete Local Municipality
Mr Madamalala Aubrey Steve Tshwete Local Municipality
Mr Mashiloane AT Steve Tshwete Local Municipality
Mr Mathebula Elphus Fani Steve Tshwete Local Municipality
Ms Mkhuma Elijah Steve Tshwete Local Municipality
Mr Mashiloane S Enviro Rehab Africa
Mrs Otto Anna Middelburg Chamber of Commerce
Mr Bester Coen Middelburg Chamber of Commerce
Mr Bosman N.L. Mpumalanga AgriSA
Mr Hennie Laas Mpumalanga Landbou/Agriculture Union
Mr Kemp Piet Transvaal Agricultural Union of SA
Mr Pretorius Koos Federation for Sustainable Development
Mr Barnes Garth
Wildlife and Environment Society of SA
(WESSA): Northern Region
Authorities
Directly Affected Landowners
NGOs/ Parastatals
Mr Suttill Malcolm
Wildlife and Environmental Society of SA
(WESSA)
Dr Cogho Vik Olifants River Forum
Ms Nieuwoudt Marianna Olifants River Forum
Mr Beetge Andre SANBI (Working for Wetlands)
Ms de Lange Marie ITT Water and Wastewater
Mr Hine Philip
South African Heritage Resources Agency
(SAHRA)Mr Jan de Klerk Eskom Transmission and Land Rights
Ms Xulu Shirley Middelburg (Gerard Sekoto) Public Library
MediaMs Tempelhoff Elise Beeld Newspaper
Mr van den Berg Tobi Middelburg Observer
Mr Khan Zaheeb Middelburg Herald
Mr Hlatshwayo Bongani Mpumalanga News
Libraries
1
Application for an Environmental Authorisation and a Water Use Licence for the
proposed construction of a clean water pipeline from the Middelburg Water
Reclamation Plant to the Middelburg Colliery reservoir.
BACKGROUND INFORMATION DOCUMENT
OCTOBER 2013
MDEDET REF NUMBER: 17/2/3N-301
PURPOSE OF THIS DOCUMENT This document serves to provide Interested and Affected Parties (I&APs) with the
information on the application for an environmental authorisation and an authorisation to
use water for the construction and operation of a clean water pipeline from the Middelburg
Water Reclamation Plant to the Middelburg Colliery Reservoir. This document further
explains how members of the public can become involved in the project, receive
information as the Basic Assessment (BA) process progresses, and raise comments
and/or concerns regarding potential impacts of the project on the environment.
The Mpumalanga Department of Economic Development, Environment and Tourism (MDEDET) is legislated to assess the Basic Assessment in accordance with the National Environmental Management Act, (Act No. 107 of 1998) as amended, (NEMA). The Department of Water Affairs (DWA) will be responsible for the approval of the authorisation to use water. Jones & Wagener (J&W) has been appointed as the independent Environmental Assessment Practitioner (EAP) to conduct the BA, Water Use Licence and the associated public participation process.
Registration as an I&AP
As an I&AP, you will be included in the stakeholder database and receive further documents for comment. Your comments will ensure that all relevant issues are incorporated. Please complete and submit the enclosed registration/comment sheet, write a letter, call or email J&W if you wish to raise any concerns regarding the proposed project. All documents will be available on the internet at www.jaws.co.za.
Public participation enquiries:
Sibongile Bambisa /Anelle Lötter Jones & Wagener Consulting Civil Engineers, P O Box 1434, Rivonia, 2128,
BHP Billiton Energy Coal South Africa (Pty) Limited (BECSA) is currently in the process of
constructing a water reclamation plant, the Middelburg Water Reclamation Project (MWRP),
which will treat excess mine water at the Middelburg Colliery in the Mpumalanga province.
The water will be treated to a suitable standard for release to the Spookspruit catchment.
However, approximately 4 Mega litres (Mℓ) per day of clean treated water needs to be pumped
to the Middelburg Colliery for internal use. In order to supply 4 Mℓ/per day to the Middelburg
Colliery, BECSA proposes to construct a clean water pipeline from the MWRP to the
Middelburg Colliery Reservoir. BECSA proposes to construct a pipeline with an approximate
length of 5 kilometres (km) and a nominal diameter of 315 mm which will convey 4 Mℓ/per day
of clean water from the MWRP to the reservoir. A number of pipeline routes will be evaluated
depending on a number of factors, such as the location of other infrastructure and sensitive
areas, such as wetlands.
The pipeline route will be located on the farm Hartebeesfontein 339 JS (remaining extent of
portion 8 and 10 and portion 9) within the municipal area of Steve Tshwete Local Municipality,
Mpumalanga Province. Refer to the map on page 4 for an indication of the proposed pipeline
route.
The construction of the proposed pipeline is within the regulatory perimeter that requires a
Basic Assessment (BA) to be undertaken. An application for an environmental authorisation
has been submitted to Mpumalanga Department of Economic Development, Environment and
Tourism (MDEDET). In terms of the Environmental Impact Assessment (EIA) Regulations
(2010) published in the Government Notices R544 and R546 of NEMA the proposed pipeline
triggers several activities under NEMA, refer to Table 1 below for applicable activities. Table 1: Applicable listed activities
NEMA GN.
Regulation
Activity Number
Description
GN R544 of 18 June 2010
Listing Notice 1, Activity 11 (xi)
The pipeline may be closer than 32 metres from a watercourse, which in this case may be wetlands.
Listing Notice 1, Activity 18 (i)
The proposed pipeline may cross a wetland which is part of a watercourse, and during construction more than 5m3 of soil may be excavated in the wetland.
Listing Notice 1, Activity 22
The construction road, which will be located adjacent to the proposed pipeline route, will be wider than 8 metres.
GNR 546 of 18 June 2010
Listing Notice 3, Activity 4
A road is required alongside the pipeline route for construction purposes. The road is anticipated to be wider than 4 meters (in the order of 30 metres), with a reserve less than 13.5 metres, and may be located in a critical biodiversity area as identified in the Mpumalanga Biodiversity Conservation Plan.
BECSA will also apply for an authorisation to use water, either a General Authorisation or a Water Use Licence, in terms of the provisions of the National Water Act (Act No. 36 of 1998), as amended (NWA), as the pipeline may impede or divert the flow of water in a watercourse and/or impact on the characteristics of a watercourse. The decision to apply for a Water Use Licence will be undertaken once the wetland delineations have been concluded. All registered
PROJECT OVERVIEW
LEGAL REQUIREMENTS
3
Interested and Affected Parties (I&APs) will be notified of the specific water uses that will be applied for under Section 21 of the NWA.
The purpose of a BA process is to provide MDEDET and DWA with sufficient information on
which to base their decision on whether to grant or refuse an environmental authorisation or
a water use authorisation and, if granted, to define conditions for the development. The
contributions made by stakeholders from all sectors of society will ensure an informed
decision-making process.
During a BA process, potential impacts associated with the construction of the proposed pipeline will be identified and assessed. Specialist studies (heritage, biodiversity and wetlands) will be conducted as part of the BA process to assess potential impacts thoroughly. The BA process that will be undertaken comprises of the technical and a public participation process - refer to Figure 1 for an illustration of the processes/activities that will be undertaken as part of the BA process.
Figure 1: Steps to be undertaken as part of the BA process
Notification of I&APs of the Authorities’ decision via fax, letters and emails
BASIC ASSESSMENT AND PUBLIC PARTICIPATION PROCESS
Your comments and registration as an I&AP are important
You are invited to participate freely and to submit any comments or information you feel may
be useful to this BA process. Registered I&APs are entitled to comment, in writing, on all
written submissions to MDEDET and DWA and to bring to their attention any issues which
the party believes may be of significance to the consideration of the application. You have to
register as an I&AP to receive further details of public review of reports produced as part of
the BA process. To register as and I&AP please complete the enclosed registration sheet.
Submission of Application Form to MDEDET and obtain reference number
Technical Process
Compile Draft BAR and EMPr
Submit Final BAR and EMPr to MDEDET
Public and Authorities review of Final BAR and EMPr
Public review of the Draft BAR and EMPr
Announce the project
Identify I&APs and key stakeholders and develop a stakeholder register
Public Participation Process
Compile Final BAR and EMPr
Public review of the Final BAR and EMPr
4
The Draft Basic Assessment Report (BAR) and the Environmental Management Programme
(EMPr) will be compiled and will be made available for public review. The Draft BAR and EMPr
will contain information regarding the potential impacts that the proposed pipeline will have on
the environment and the proposed mitigation measures to reduce the potential impacts. The
Draft BAR and EMPr will be made available for public review for a period of 40 days and as
an I&AP you will be requested to make comments on the report.
Once updated, based on the information obtained from the public, the Final BAR and EMPr
will also be made available for public review and comment. The Final BAR and EMPr will then
be submitted to the MDEDET for decision making.
Figure 2: Map of the proposed pipeline route
AVAILABILITY OF THE DRAFT BASIC ASSESSMENT REPORT
BHP Billiton Energy Coal South Africa (Pty) Limited (BECSA) intends to construct a clean water pipeline from the Middelburg Water Reclamation Plant to the Middelburg Colliery reservoir on Farm Hartbeesfontein 339 JS (remaining extent of portion 8 and 10 and portion 9) in the Steve Tshwete Local Municipality. BECSA requires an environmental authorisation from the Mpumalanga Department of Economic Development, Environment and Tourism (MDEDET), in terms of the National Environmental Management Act, (Act No.107 of 1998), as amended and a water use authorisation from the Department of Water Affairs in terms of the National Water Act, (Act No.36 of 1998), as amended. In accordance with the Environmental Impact Assessment Regulations of 2010 the following listed activities are applicable:
NEMA GN. GN Regulation Activity Number Description
GN R544 of 18 June 2010
Listing Notice 1, Activity 11 (xi)
The pipeline may be closer than 32 metres from a watercourse, which in this case is a wetland.
Listing Notice 1, Activity 18 (i)
The proposed pipeline may cross a wetland, which is part of a watercourse, and during construction more than 5m3 of soil may be excavated in the wetland.
Listing Notice 1, Activity 22 The construction road, which will be located adjacent to the proposed pipeline route, will be wider than 8 metres.
GNR 546 of 18 June 2010
Listing Notice 3, Activity 4 A road is required alongside the pipeline route for construction purposes. The road is anticipated to be wider than 4 meters, with a reserve less than 13.5 metres, and it is located in a critical biodiversity area as identified in the Mpumalanga Biodiversity Conservation Plan.
NOTICE OF A BASIC ASSESSMENT AND A WATER USE LICENCE APPLICATION FOR THE PROPOSED
CONSTRUCTION OF A CLEAN WATER PIPELINE FROM THE MIDDELBURG WATER RECLAMATION
PROJECT PLANT TO THE MIDDELBURG COLLIERY RESERVOIR, STEVE TSHWETE LOCAL MUNICIPALITY,
MPUMALANGA PROVINCE
MDEDET REFERENCE NUMBER: 17/2/3N-301
Interested and Affected Parties (I&APs) are
invited to participate by providing comments and raising issues of
concern. A Draft Basic Assessment Report (BAR) will be made available for public
review and comment. To register as an I&AP
and to receive copies of the Background
Information Document (BID) and/or the Draft BAR, please contact:
APPLICATION FOR THE PROPOSED CONSTRUCTION OF A CLEAN WATER
PIPELINE FROM THE MIDDELBURG WATER RECLAMATION PROJECT PLANT
TO THE MIDDELBURG COLLIERY RESERVOIR, STEVE TSHWETE LOCAL
MUNICIPALITY, MPUMALANGA PROVINCE
MDEDET REFERENCE NUMBER: 17/2/3N-301
Placement of site notices
15 October 2013
Description Photo Way point 1. Entrance to Naledi Village
S25◦ 54’30.0 E029◦ 23’22.6
2. Entrance to Middelburg Water Reclamation Plant (MWRP)
S25◦ 54’58.7 E029◦ 23’16.9
Description Photo Way point 3. BHP Billiton Mine-Security office
S25◦ 55’56.1 E029◦ 23’31.4
4. BHP Billiton Mine entrance
S25◦ 55’37.1 E029◦ 22’49.5
5.
Across Naledi Village next to the R575
S25◦ 54’37.0 E029◦ 23’30.7
BIDs were hand delivered at the clinic, church, Middelburg Mine Combined School within Naledi Village. Copies of the BID were also left the security office at BHP Billiton Mine.
REGISTRATION AND COMMENT FORM
Application for an Environmental Authorisation and a Water Use Licence for the proposed construction of a clean water pipeline from the Middelburg Water Reclamation Plant to the
Middelburg Colliery Reservoir
Please complete this form and return it to Jones & Wagener to ensure that you are registered as an Interested and Affected Party. By answering the questions below you will help us to develop a better understanding of your information requirements and concerns regarding the proposed pipeline. Additional pages may be attached to the registration form should this be required.
Personal information
First Name and Surname: Anna-Marth Ott
Please indicate whether you are registering as a
Community / Organisation / Farm or Business and
provide the name:
Organisation
Middelburg Chamber of Commerce & Industry
Physical address: 292 Walter Sisulu Street, Middelburg 1050
Application for an Environmental Authorisation and a Water Use Licence for the proposed construction of a clean water pipeline from the Middelburg Water Reclamation Plant to the
Middelburg Colliery Reservoir
Please complete this form and return it to Jones & Wagener to ensure that you are registered as an Interested and Affected Party. By answering the questions below you will help us to develop a better understanding of your information requirements and concerns regarding the proposed pipeline. Additional pages may be attached to the registration form should this be required.
Application for authorisation in terms of the National Environmental
Management Act, 1998 (Act No. 107 of 1998), as amended and the
Environmental Impact Assessment Regulations, 2010
PROJECT TITLE
Construction of a clean water pipeline from the Middelburg Water Reclamation Project (MWRP) to the Middelburg Colliery. Kindly note that: 1. This application form is current as of 2 August 2010. It is the responsibility of the applicant to ascertain whether
subsequent versions of the form have been published or produced by the competent authority. 2. The application must be typed within the spaces provided in the form. The sizes of the spaces provided are not
necessarily indicative of the amount of information to be provided. Spaces are provided in tabular format and will extend automatically when each space is filled with typing.
3. Where applicable black out the boxes that are not applicable in the form. 4. Incomplete applications may be returned to the applicant for revision. 5. The use of the phrase “not applicable” in the form must be done with circumspection. Should it be done in respect of
material information required by the competent authority for assessing the application, it may result in the rejection of the application as provided for in the Regulations.
6. This form must be submitted to the Department at the postal address of the relevant DISTRICT OFFICE given below or by delivery thereof to the relevant DISTRICT OFFICE. Should the application form not be submitted at the relevant district office, it will not be considered.
7. No faxed or e-mailed applications will be accepted.
8. If the applicant is not the owner or person in control of the land on which the activity is to be undertaken, the written notice of the proposed activity as referred to in Regulation 15, as well as proof of serving such notice on the owner or person in control of the land, must be attached to this form. Should the application form not be accompanied by such notice, it will be rejected.
9. If permission has been granted in terms of Regulation 20(3) to apply S&EIR instead of basic assessment to the application, or if permission has been granted in terms of 20(4) to apply basic assessment instead of S&EIR to the application, a copy of such authorisation must be attached to this application form.
10. Unless protected by law, all information filled in on this application will become public information on receipt by the competent authority. Any interested and affected party should be provided with the information contained in this application on request, during any stage of the application process.
(For official use only)
File Reference Number:
NEAS Reference Number:
Date Received:
Responsible Official:
. Version 1: August 2010 2
DEPARTMENTAL DETAILS
HEAD OFFICE (18 Jones Street, Nelspruit)
EHLANZENI DISTRICT (50 Murray Street, Nelspruit)
NKANGALA DISTRICT (Pavilion Centre, Cnr Botha & Northey Streets, Witbank)
GERT SIBANDE DISTRICT (13 De Jager Street, Ermelo)
Attention: Directorate: Environmental Impact Management Private Bag X 11215 Nelspruit, 1200 Queries should be directed to the Directorate: Environmental Impact Management at: Tel: (013) 759 4000 Fax (013) 759 4165
Attention: Directorate: Environmental Impact Management Private Bag X 11215 Nelspruit, 1200 Queries should be directed to the Directorate: Environmental Impact Management at: Tel: 0824068831 Fax: Email: [email protected]
Attention: Directorate: Environmental Impact Management P. O. Box 7255 Witbank, 1035 Queries should be directed to the Directorate: Environmental Impact Management at: Tel: 0136902595/6901358/0766441707 Fax: Email:[email protected]
Attention: Directorate: Environmental Impact Management P. O. Box 2777 Ermelo, 2351 Queries should be directed to the Directorate: Environmental Impact Management at: Tel: 0178192828/9 0178114815 0798419582 Fax: E mail:[email protected]
Applications to be sent direct to district office
SITE IDENTIFICATION AND LINKAGE
Please indicate all the Surveyor-general 21 digit site (erf/farm/portion) reference numbers for all sites (including portions of sites) that are part of the application.
T 0 J S 0 0 0 0 0 0 0 0 0 3 3 9 0 0 0 1 0
T 0 J S 0 0 0 0 0 0 0 0 0 3 3 9 0 0 0 0 8
T 0 J S 0 0 0 0 0 0 0 0 0 3 3 9 0 0 0 0 9
(if there are more than 6, please attach a list with the rest of the numbers) (These numbers will be used to link various different applications, authorisations, permits etc. that may be connected to a specific site)
. Version 1: August 2010 3
PROJECT TITLE
Construction of a clean water pipeline from the Middelburg Water Reclamation Project (MWRP) to the Middelburg Colliery Reservoir.
The entire project will entail the following (full detail of the project can also be appended):
BHP Billiton Energy Coal South Africa Proprietary Limited (“BECSA”) intends to construct a clean water pipeline from the Middelburg Water Reclamation Project (“MWRP”) plant to BECSA’s Middelburg Colliery Reservoir. The pipeline will have a nominal diameter of 315 mm with an approximate length of 4600 meters. The MWRP plant will treat impacted mine water to potable standard for release to the environment and/or re-use by the mine once construction has been finalised. The proposed pipeline will cross a conveyor, railway line, service roads and possibly a wetland. Pre-cast concrete sleeves with reinforced concrete access chambers on both sides of the roads and conveyor crossings are foreseen. Three pipeline routes will be assessed during the Basic Assessment. Once an environmental authorisation has been received, the project will include the following steps:
Detailed design of the pipeline route taking into account the approved route option,
Tender phase,
Construction phase, and
Operating phase. The pipeline will have the same initial operating time frame as the MWRP, which is estimated as a minimum to be 2028. The pipeline is to be constructed over land that belongs to Ingwe Surface Holdings (60%) and Tavistock Collieries (40%) and both land owners have been informed – see Appendix D. The pipeline will cross areas that has been identified as Critical Biodiversity Areas and Environmental Sensitive Areas in terms of the Mpumalanga Systematic Biodiversity Conservation Plan – therefore Listing 3 activities are also triggered.
1. BACKGROUND INFORMATION
Project applicant: BHP Billiton Energy Coal South Africa (Pty) Ltd
In instances where there is more than one local authority involved, please attach a list of local authorities with their contact details to this application.
Property description/physical address:
See Appendix B
(Farm name, portion, registration division etc.) Where a large number of properties are involved (e.g. linear activities), please attach a full list to this application.
Current land-use zoning: Agriculture
In instances where there is more than one current land-use zoning, please attach a list of current land use zonings that also indicate which portions each use pertains to, to this application.
Locality map:
A locality map must be attached to this document. The scale of the locality map must be relevant to the size of the development (at least 1:50 000. For linear activities of more than 25 kilometres, a smaller scale e.g. 1:250 000 can be used). The scale must be indicated on the map. The map must indicate the following:
an accurate indication of the project site position as well as the positions of the alternative sites, if any;
road access from all major roads in the area;
road names or numbers of all major roads as well as the roads that provide access to the site(s);
all roads within a 1km radius of the site or alternative sites; and
a north arrow;
a legend; and
locality GPS co-ordinates (Indicate the position of the activity using the latitude and longitude of the centre point of the site for each alternative site. The co-ordinates should be in degrees and decimal minutes. The minutes should have at least three decimals to ensure adequate accuracy. The projection that must be used in all cases is the WGS84 spheroid in a national or local projection).
See Appendix C for locality map
. Version 1: August 2010 5
2. ACTIVITIES APPLIED FOR TO BE AUTHORISED
For an application for authorisation that involves more than one listed or specified activity that, together, make up one development proposal, all the listed activities pertaining to this application must be indicated.
Indicate the number
and date of the
relevant notice:
Activity No (s) (in
terms of the relevant
notice) :
Describe each listed activity as per the detailed project description
(and not as per wording of the relevant Government Notice)1:
GN R544 of 18 June
2010
Listing Notice 1,
Activity 11 (xi)
The pipeline may be closer to than 32 metres from a watercourse,
which in this case is a wetland.
Listing Notice 1,
Activity 18 (i)
The proposed pipeline may cross a wetland which is part of a
watercourse, and during construction more than 5m3 of soil will be
excavated in the wetland.
Listing Notice 1,
Activity 22
The construction road, which will be located adjacent to the
proposed pipeline route will be wider than 8 metres. The
construction road and pipeline route will be approximately 30
metres wide.
Listing Notice 1,
Activity 47
--~
Where there is no reserve and the existing road is wider than 8
metres, some of the existing roads in the area may be widened by
more than 6m, in order to accommodate the construction of the
pipeline.
GNR 546 of 18 June
2010
Listing Notice 3,
Activity 4
A road is required alongside the pipeline route for construction
purposes. The road is anticipated to be wider than 4 meters, with a
reserve less than 13.5 metres, and it is located in a critical
biodiversity and environmental sensitive area as identified in the
Mpumalanga Biodiversity Conservation Plan.
Listing Notice 3,
Activity 12
More than 300 square metres of land, containing indigenous
vegetation will be cleared during construction of the proposed
pipeline.
Listing Notice 3,
Activity 13
One hectare or more of land may be cleared in an environmentally
sensitive area, as identified in the Mpumalanga Biodiversity
Conservation Plan, during the construction of the pipeline
Listing Notice 3,
Activity 19
Some of the existing roads in the area may be widened by more
than four metres in order to accommodate the construction of the
pipeline.
Please note that any authorisation that may result from this application will only cover activities specifically applied for.
3. TYPE OF APPLICATION
3.1 Application for Basic Assessment
Is this an application for conducting a basic assessment (as defined in the Regulations)? YES NO
Please indicate when the basic assessment report will be submitted: MARCH 2014
3.2 Application for Scoping and Environmental Impact Assessment (S&EIR)
Is this an application for Scoping and EIR (as defined in the Regulations)? YES NO
Please indicate when the Scoping Report (including the Plan of Study for EIA) will be submitted:
N/A
1 Please note that this description should not be a repetition of the listed activity as contained in the relevant
Government Notice, but should be a brief description of activities to be undertaken as per the project
JON ES & W AGEN ER (PT Y) LT D REG NO. 1993/02655/07 VAT No. 4410136685
DIRECTORS: PW Day (Chairman) PrEng DEng HonFSAICE D Brink (CEO) PrEng BEng(Hons) FSAICE PG Gage PrEng CEng BSc(Eng) GDE MSAICE AIStructE JP van der Berg PrEng PhD MEng FSAICE
LANDOWNER NOTIFICATION: PROPOSED CONSTRUCTION OF A CLEAN WATER PIPELINE FROM THE MIDDELBURG WATER RECLAMATION PROJECT TO THE MIDDELBURG COLLIERY RESERVOIR
1. BACKGROUND INFORMATION
BHP Billiton Energy Coal South Africa Limited (BECSA) intends to construct a clean water pipeline from the Middelburg Water Reclamation Project (MWRP) plant to the Middelburg Colliery Reservoir. The MWRP plant will treat impacted mine water to potable standard for release to the environment and/or re-use by the mine. The proposed pipeline will have a nominal diameter of 315 mm with an approximate length of approximately 5 kilometres (km). Different pipeline route options will be investigated and the options will be communicated in the Background Information Document that will be sent to all stakeholders.
The construction of the proposed pipeline is within the regulatory perimeter that requires a Basic Assessment (BA) in terms of the National Environmental Management Act, (Act No.107 of 1998) (NEMA). An authorisation in accordance with the provisions of the National Water Act, (Act No.36 of 1998) (NWA) may also be required for the proposed pipeline. BECSA, has appointed Jones & Wagener (Pty) Ltd as the independent Environmental Assessment Practitioner (EAP) to conduct the Basic Assessment and the water use authorisation processes. In terms of the Environmental Impact Assessment Regulations (EIA) 2010, BECSA must give written notice of the proposed activity to the owner or person in control of the land on which the activity is to be undertaken. The owner (or co-owner) of the land, in this case the Remainder of Portion 10, Portion 9 and Remainder of Portion 8 of the farm Hartbeestfontein 339 JS, must be informed that he/she may participate in the public participation process as contemplated in the EIA regulations.
The required public participation process for the proposed pipeline is due to commence and Tavistock Holdings Pty Limited (Tavistock Holdings) will be automatically added to the list of Interested and Affected Parties (I&APs). During the process you will be sent a Background Information Document (BID) which will provide you with details of the proposed routes and how Tavistock Holdings can become involved in the BA process. Tavistock Holdings will also be informed of how the process is progressing and will be requested to provide input and comment on the Basic Assessment Reports. Your input into the process is valued and all issues and concerns identified by Tavistock Holdings (and others) will be considered by the Environmental Assessment Practitioner of Jones & Wagener. This letter must not be construed as giving consent that the activity may take place, but merely that you have been informed that there is intention to construct a clean water pipeline from the MWRP to the Middelburg Colliery Reservoir and of the environmental processes to be followed. You are welcome to contact Sibongile Bambisa of Jones & Wagener, either by phone 011 519- 0200 or email: [email protected] for further information. Yours faithfully
Sibongile Bambisa for Jones & Wagener Document source: M:\E159-BECSA Water pipeline (ENV)\Pre application phase\E159-004_Notific_Let-20130731\Approved letters Document template: corLet_13r1
NOTIFICATION OF ENVIRONMENTAL AUTHORISATION AND WATER USE LICENCE APPLICATION FOR THE PROPOSED CONSTRUCTION OF A CLEAN WATER PIPELINE FROM MIDDELBURG WATER RECLAMATION PLANT TO THE MIDDELBURG COLLIERY RESERVOIR. Eskom Ref: LD/W/MM/082 MDEDET Ref: 17/2/3N-301 Your notification dated October 2013 refers. The proposed pipeline route affects the existing Eskom Distribution services, Boesman Trac - Hartbees 1 and Duvha Collery – Hartbees 1 132kV power lines. . Eskom Distribution will raise no objection to this pipe line project, provided Eskom’s rights and services are acknowledged and respected at all times. Further to the above: the following conditions must be adhered to and accepted in writing before any construction will be permitted. 1. There is a 15,5 metres building restriction either side of the centre line of the 132kV, which
must be adhered to in all future development and or construction. No construction will be allowed in this restriction area. No construction work may be executed closer than 9 metres from any of Eskom’s structure and or supporting mechanisms.
2. The contractor in charge of the construction or maintenance work on site must at all times be in possession of the letter of approval, and as well as all plans that are required and that are referred to in the correspondence, so that during and inspection the contractor can present the documentation to Eskom official(s) when requested to do so. If no approval can be presented then the Eskom representative can order the contractor to cease all works until such approval can be presented.
3. All work within Eskom’s servitude areas will have to comply with the relevant Eskom earthing
standards at the time of construction. 4. All work within Eskom Distribution reserve area and servitudes must be done in accordance
with the requirements of the Occupational Health and Safety Act No.85 of 1993 as amended. Special attention must be given to the clearances between Eskom’s conductors, structures, cables and electrical apparatus and the proposed work as stipulated by Regulation R15 of the Electrical Installations Regulations of the aforementioned Act or any other legal requirements.
Mpumalanga Operating Unit Asset Creation Cnr Watermeyer and Jelicoe Street P O Box 223 Witbank 1035 SA Tel +27 13 693 3263 Fax +2786 574 1734 www.eskom.co.za
Ms S. Bambisa Date: 5 November 2013 JONES & WAGENER ENGIN & ENVIR CONSULTANTS P.O. BOX 1434 Enq: Milton Moloko Rivonia Tel +27 13 693 4440 2128
5. Eskom can not guarantee the exact position of the underground electrical cables and therefore the applicant’s site representatives must expose the cables by hand, in order to establish their location. No excavations may be executed closer than 1,5 metres from underground cables, unless Eskom authorized representative is on site
6. The Applicants and Eskom’s cables must be placed in sleeves encased in concrete across
the width of the servitude, at the applicant’s expense where frequent excavations occur in the cable area.
7. Eskom Distribution shall not be liable for the death of or injury to any person or for the loss of or
damage to any property whether as a result of the encroachment or of the use of the area where Eskom Distribution has its services, by the applicant, his/her agent, contractors, employees, successors in title and assigns. The applicant indemnifies Eskom against loss, claims or damages including claims pertaining to consequential damages by third parties and whether as a result of damage to or interruption of or interference with Eskom Distribution services or apparatus or otherwise. The applicant’s attention is drawn to section 27(3) of the Electricity Act 1987, (Act 41 of 1987, as amended in 1994), Section 27(3), which stipulates that the applicant can be fined and/or imprisoned as a result of damage to Eskom’s apparatus.
8. No mechanical equipment, including mechanical excavators, high lifting machinery and drilling
equipment, shall be used within Eskom’s reserve area, or within close proximity of Eskom’s services and equipment, without prior permission written permission having been granted by Eskom. If such permission is granted the applicant must give at least ten working days prior notice of the commencement of any work. This allows time for arrangements to be made for supervision and/or precautionary instructions to be issued. The Eskom’s authorised area representative for the Middelburg Technical Service Area, Cyril Nuttall, at Office: (013) 693 4180
9. Eskom Distribution shall at all times have unobstructed access to and egress from its services.
10. No work shall commence unless Eskom has received the applicant’s written acceptance of the conditions specified in the final letter of consent.
11. Eskom’s rights and duties in the servitude shall be accepted as having prior right at all times
and shall not be obstructed or interfered with. Please note: Where an electrical outage is required, at least fourteen working days is required for arrangement.
12. Any third party servitudes encroaching on Eskom servitudes shall have to be registered against
the property at the applicant’s own cost. 13. Wherever any pipe crosses the Eskom services, the edge of the excavation shall not come
within 10 meteres of the Eskom services and structures. Any angles crossing should preferably be from 45º degrees to 90º.
14. Cathodic protection must be installed to prevent corrosion of the pipe. 15. Pipeline markers to be situated at 30 metre intervals and where the pipeline is crossing Eskom’s
servitude, the pipeline must be clearly marked.
16. In case of a proposed canal or above ground pipe a bridge shall be provided to allow permanent Eskom vehicle access to the servitude. This bridge, if of conductive material, shall be earthed but the earthing shall not be onto Eskom structures or within five meters of Eskom’s own earthing.
17. Parallel encroachment into overhead power line servitude or way leave areas is limited to two
(2) meters from the boundary of the servitude.
18. Wherever a pipe line runs within the Eskom servitude, pipeline markers shall be placed at intervals determined by the internal assessor. The norm is a minimum of ten meters apart.
19. In the event of a proposed metal pipeline running parallel to the power line, indication must be given that the pipeline will be adequately earthed at intervals of one meter, or less. The pipeline must also be adequately protected against the effects of induction and earth faults. Eskom recommends that all work on the pipeline be carried out between two working earths.
20. The effective management and handling of waste is of crucial importance. No dumping shall be
allowed within Eskom Distribution Servitudes. All unwanted waste (gaseous, liquid or solids) should be disposed of at a registered waste disposal site as stipulated under Section 20 of the Environmental Conservation Act (Act 73 of 1989). The applicant will adhere to all relevant environmental legislation. Any cost incurred by Eskom as a result of non-compliance will be charged to the applicant.
21. The use of explosives of any type within 500 metres of Eskom’s services, shall only occur with
Eskom’s previous written permission. If such permission is granted the applicant must give at least fourteen working days prior notice of the commencement of blasting. This allows time for arrangements to be made for supervision and/or precautionary instructions to be issued in terms of the blasting process.
22. Any construction and or development, which necessitate the relocation of our services, will be to
the account of the developer. If you decide on the option of relocation of the existing powerlines, the Customer Services, Regional Key Customer Executive (08600 37566) should be contacted in connection with costs.
23. Eskom will recover costs from the applicant where any damages of Eskom assets and or any penalties suffered by Eskom occur. The Applicant shall also accepts costs if:
• Eskom pylons subside or are damaged as a result of blasting activities.
• Eskom has to incur any costs to comply with statutory requirements because of the applicants or applicant’s contractor work or the presence of the equipment or plant in the reserve area. Such proven costs shall be refunded on demand.
This application becomes null and void if:
• The applicant does not comply with any of the conditions as stipulated above:
• Eskom has not received a written acceptance of the abovementioned conditions within thirty days of date of this letter, before commencement of any work by the applicant.
Should the applicant or his contractor damage any of Eskom services during commencement of any work whatsoever, then Eskom’s 24 hour Contact Centre Tel: 086 000 1414/08600 37566 must be dialled immediately to report the incident.
Yours sincerely
For Louise Human LAND DEVELOPMENT AND ENVIRONMENTAL MANAGER
i
This Comments and Response Report (CRR) Version 1 provides a summary of the comments, questions and issues raised by stakeholders since October 2013 when the proposed project was announced.
Version 1 of the CRR will be appended to the Draft Basic Assessment Report which is available for public review from 21 July 2014 to 29 August 2014;
Version 2 of the CRR will include comments and issues raised by stakeholders on the Draft Basic Assessment Report. Version 2 will be appended to
the Final Basic Assessment Report which will again be submitted for public review and also to the Competent Authority, the Mpumalanga Department
of Economic Development, Environment and Tourism (MDEDET).
Version 1 of the CRR will be updated to become the subsequent versions – therefore issues and comments recorded in this document will be carried over to
the next version of the CRR.
Please note, this version (Version 1) records comments received until 30 May 2014 – comments received thereafter will be included in Version 2 of this report
which will accompany the Final Basic Assessment Report.
BASIC ASSESSMENT PROCESS
APPLICATION FOR AN ENVIRONMENTAL AUTHORISATION AND A WATER USE LICENCE FOR THE PROPOSED CONSTRUCTION OF A CLEAN
WATER PIPELINE FROM THE MIDDELBURG WATER RECLAMATION PROJECT (MWRP) PLANT TO THE MIDDELBURG COLLIERY RESERVOIR
COMMENTS AND RESPONSES REPORT – VERSION 1
SUMMARY OF ENVIRONMENTAL ISSUES/CONCERNS AND SUGGESTIONS RAISED BY INTERESTED AND/OR AFFECTED PARTIES
July 2014
MDEDET REF. NUMBER: 17/2/3N-278
Comments and Responses Report – Version 1 E159
1
ISSUE OR CONCERN CONTRIBUTOR DATE OF
CONTRIBUTION MEANS OF
CONTRIBUTION RESPONSE
Requested to be registered as an Interested and Affected Party for the proposed project.
Ms Anna-Martha Ott, Middelburg Chamber of Commerce and Mines
17 October 2013 Email Correspondence
Ms Ott was registered as an Interested and Affected Party and will receive all future correspondences with regards to the process.
Requested be registered as an Interested and Affected Party for the proposed project.
Mr Johan Muller, Ingwe Surface Holdings Limited.
22 October 2013 Email Correspondence
Mr Muller was registered as an Interested and Affected Party and will receive all future correspondences with regards to the process.
The proposed pipeline route affects the existing Eskom distribution services, Boesman’s Trac Haartebees 1 and Duvha Colliery – Haartebees 1 which are 132 Kv power lines.
Mr Milton Moloko, Eskom: Land development
05 November 2013 Email Correspondence
Noted with thanks. It is not anticipated that the proposed pipeline will affect the distribution services. The project team will contact Eskom with regards to the comment.
Eskom Distribution will raise no objection to this pipeline project, provided Eskom’s rights and services are acknowledged and respected at all times. Eskom sent a list of conditions which BECSA needs to adhere to before construction is undertaken. A list of conditions from Eskom has been appended to this CRR.
Mr Milton Moloko, Eskom: Land development
05 November 2013 Email Correspondence
The information provided from Eskom was sent to BECSA for their review.
