PUBLIC CONSULTATION MACROBERT INCORPORATED GREENWAY FARMS (PTY) LTD BOKPOORT OPERATIONS INTEGRATED WATER USE LICENCE APPLICATION

Transcription

1 MACROBERT INCORPORATED GREENWAY FARMS (PTY) LTD BOKPOORT OPERATIONS INTEGRATED WATER USE LICENCE APPLICATION Report: JW35/16/F481 - Rev 2 PUBLIC CONSULTATION APPENDIX E - Table of Contents E.1 Minutes of pre-application consultation meeting with DWS E.2 Newspaper advertisement E.3 Letters to landowners Jones & Wagener (Pty) Ltd F481-00_REP-01_r2_th_MvZ_BokpoortIWULA_ Engineering & Environmental Consultants

2 Jones & Wagener C o n s u l t i n g C i v i l E n g i n e e r s 59 Bevan Road PO Box 1434 Rivonia 2128 South Africa Tel: (0) Fax: (0) post@jaws.co.za MACROBERT INCORPORATED Distribution Date: 3 March, 2016 GREENWAY FARMS: BOKPOORT OPERATIONS Job No: F481 INTEGRATED WATER USE LICENCE APPLICATION Our Ref: MINUTES OF PRE-APPLICATION CONSULTATION MEETING WITH DEPARTMENT OF WATER AND SANITATION Held at Bokpoort Farm, Mookgophong on 16 February 2016 f481-00_min- 01_r0_th_meetingdws_ _cpkc comments PRESENT: NAME: COMPANY: CELL Tolmay Hopkins J&W tolmay@jaws.co.za Mpho Ntshagovhe DWS NtshagovheM@dws.gov.za Pertunia Tjatji DWS ptjatji@dwa.gov.za Kenneth Cameron MacRobert Inc kcameron@macrobert.co.za Caroline Pepermans MacRobert Inc cpepermans@macrobert.co.za Vincent Sequeira Greenway Farms Vincent@greenwayfarm.co.za Rendani Maugana DWS mauganar@gmail.com APOLOGIES: NAME: COMPANY: CELL DISTRIBUTION: NAME: COMPANY: CELL All above MINUTES OF MEETING 1. WELCOME Vincent Sequeira (VS) welcomed everyone to the Greenway Farms Bokpoort Operation. 2. INTRODUCTION All present introduced themselves and explained their role. Action DATE 3. PRESENTATION Tolmay Hopkins (TH) gave a presentation with an overview of the proposed project. A copy of the presentation is attached in Appendix A. Discussions during the presentation is provided below.

3 2 4. DISCUSSION Mpho Ntshagovhe (MN) requested clarity on the properties on which the farming operations are located. TH indicated that the Bokpoort Operations is on the farm Bokpoort 312 KR and the Phalala Operations is on the farm Kafferskraal 168 KR. VS indicated that they are in a process to change the name of the Phalala operations to Khomanani. It was agreed that for the purpose of the application, reference will be made to the Phalala Operations. MN enquired whether the current system of water transfer between the Phalala Operations and Bokpoort operations is efficient in light of evaporation losses. A pipeline system may be more efficient. VS explained that the natural system is maintained in this way and that the evaporation losses are not significant. The Bokpoort Operation is the winter farm where propagation takes place at the end of the rainy season. Water is only transferred when it is required. Caroline Pepermans (CP) explained that only a portion of the existing lawful abstraction rights at the Phalala Operations is required for use at the Bokpoort Operations. There is no need for an additional allocation to Greenway Farms. Kenneth Cameron (KC) confirmed that the current abstraction rights are sufficient. Pertunia Tjatji (PT) indicated that the validation and verification documents have to be included in the application. PT enquired when the temporary transfer is lapsing. KC indicated that it will lapse October PT indicated that it could be extended for another year. KC indicated that it is likely that an application for renewal of the S25(1) transfer will be submitted to bridge the gap until the water use licence is issued. MN indicated that the DWS is trying to stick to the 300 day timeframe for the processing of applications. PT stated that the list of water uses exclude the S21(b) water use for the storage of water. CP indicated that the use of the Bokpoort Dam falls within the ambit of an existing lawful water use. PT stated that comments will have to be obtained from the Environment and Recreation (E&R) section of the Department on the S21(c)&(i) water uses. TH indicated that a desk top assessment with field verification has been done to assess the affected watercourse and this will be included in the application. The assessment however did not include SASS5. TH enquired whether a presentation to the E&R section will be required in this instance. MN indicated that this is usually done for larger applications. A representative of the E&R section will likely conduct a site visit after the application has been submitted as part of their assessment. PT enquired whether the Department of Agriculture has commented on the soil suitability. CP indicated that they were consulted as part of the S25(1) application. It was agreed that their previous comments will be included in the water use licence application. They will also be informed of the fact that Greenway Farm is applying for a water use licence and that their existing comments will also accommodate this application. Action TH DATE BMS: Minutes of Meeting f481-00_min-01_r0_th_meetingdws_ _cpkc comments

4 3 MN provided the following preliminary list of information requirements: Property details Title Deeds Proof of payment (MN to confirm banking details to allow for an electronic transfer) Copy of ID of the applicant. A more comprehensive list will be provided by after the meeting. PT indicated that the Water User Association also has to be consulted. CP requested confirmation of the timeframe for public consultation. It was agreed that a 30 day period will be sufficient. KC enquired whether confirmation could be provided by the Department on when the licence application consideration period commence. MN confirmed that this will be done. Action MN TH DATE 4. CLOSURE TH thanked everyone for their attendance. The meeting was adjourned and a site visit undertaken to the Bokpoort Dam, point of discharge into the Bokpoortspruit and the Phalala Dam. Minuted by: Tolmay Hopkins for Jones & Wagener Document source: C:\Alljobs\F481_GreenwayFarmsIWULA\Meetings\F481-00_MIN-01_r0_th_MeetingDWS_ _cpkc comments.docx Document template: corminutes_12r0.dotx BMS: Minutes of Meeting f481-00_min-01_r0_th_meetingdws_ _cpkc comments

5 4 APPENDIX A COPY OF PRESENTATION BMS: Minutes of Meeting f481-00_min-01_r0_th_meetingdws_ _cpkc comments

6 2016/04/04 Greenway Farms (Pty) Ltd Mookgophong Operations: Water Use Licence Application Pre-application Consultation Meeting with DWS 16 February 2016 Agenda 1. Welcome and Introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit 1

7 2016/04/04 Agenda 1. Welcome and Introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit Welcome and Introduction Applicant: Greenway Farms (Pty) Ltd Vincent Sequeira Legal Counsel: MacRobert Incorporated Caroline Pepermans Environmental Consultant: Jones & Wagener DWS Case Officer: Tolmay Hopkins Mpho Ntshagovhe 2

8 2016/04/04 Agenda 1. Welcome and introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit Purpose of meeting Provide description of water uses to be undertaken and to be included in application Confirm the technical requirements for the WULA Confirm relevant timeframes Confirm the requirements for the public participation process Obtain comments and inputs from the DWS 3

9 2016/04/04 Agenda 1. Welcome and Introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit Project description Greenway Farms (Pty) Ltd supply over 40% of South Africa s carrots Operations in Mookgophong consist of 2 entities: Bokpoort Operations Phalala operations Locality: ~ 20km NW of town ~ 33 km NW of town Irrigation: 600ha centre pivot on 3 year rotational cycle (i.e. 200ha per annum) 60ha centre pivot on 3 year rotational cycle (i.e. 20ha per annum) Production: tons/a tons/a Lawful abstraction rights: Storage: Bokpoortspruit m 3 /a Bokpoort Dam m 3 (Lawful) Lephalala River m 3 /a Phalala Dam m 3 (WULA submitted) 4

10 2016/04/04 Locality map R520 Mookgophong 5

11 2016/04/04 Quaternary catchments Project description (continued) Optimum carrot propagation period: from mid-february to mid-june Harvesting: August to November Soil quality at the Bokpoort operations are more favourable for carrot production compared to the soil quality at the Phalala operations Both watercourses from which water may be abstracted are non-perennial Current abstraction allocation at Bokpoort operations does not ensure optimum production at all times Greenway Farms has identified the need to transfer water from the Phalala Operations to the Bokpoort Operations when required Temporary transfer granted in terms of S25(1) of the NWA on 2 October 2015 Greenway Farms has identified the need for permanent solution 6

12 2016/04/04 Water uses to be included in WULA Water use S21(a) Taking water from a water resource S21(c)&(i) Impeding or diverting the flow of water in a watercourse, and Altering the bed, banks, course or characteristics of a watercourse Description Abstracting water from the Lephalala River for use at the Bokpoort operations: m 3 /a Discharge of water abstracted from A50A catchment into Bokpoortspruit (A61H catchment): water is pumped via a pipeline constructed approximately 4 years ago and is discharged into the Bokpoortspruit from where it flows along the watercourse into the Bokpoort Dam WULA - content Motivation for application S27 motivation High level assessment of Bokpoortspruit in support of S21(c)&(i) water use Details and outcome of public participation process S25(2) to be included 7

13 2016/04/04 Agenda 1. Welcome and Introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit Proposed public consultation Newspaper advertisement Direct consultation with adjacent land owners, specifically downstream land owners Comments and response report to be included in WULA 8

14 2016/04/04 Agenda 1. Welcome and Introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit Agenda 1. Welcome and Introduction 2. Purpose of meeting 3. Project description 4. Proposed public consultation 5. Discussion 6. Site visit 9

15 2016/04/04 10

16 NOTICE OF AN APPLICATION FOR AN INTEGRATED WATER USE LICENCE IN SUPPORT OF THE BOKPOORT OPERATIONS OF GREENWAY FARMS (PTY) LTD, LIMPOPO PROVINCE Notice is hereby given in terms of the National Water Act 36 of 1998 regarding Greenway Farms Pty (Ltd) s intent to apply for an Integrated Water Use Licence for their Bokpoort Operations situated approximately 20km north west of Mookgophong in Limpopo. Jones & Wagener Engineering and Environmental Consultants (J&W) was appointed on behalf of Greenway Farms to conduct the application. The water uses requiring authorisation at the Greenway Farms Bokpoort Operations are: - S21(a): Taking water from a water resource. Abstraction of m 3 /annum of water from the Lephalala River (at the Phalala Dam on Portion 1 of the farm Kafferskraal 168 KR) for use at the Bokpoort Operations situated on Portions 3 and 5 of the farm Bokpoort 312 KR. - S21(c) Impeding or diverting the flow of water in a watercourse and/or S21(i) altering the bed, banks, course or characteristics of a watercourse. Changing flow in Bokpoortspruit due to transfer of water from Phalala Dam to Bokpoort Operations during dry season, when required. AVAILABILITY OF THE DRAFT IWULA FOR PUBLIC REVIEW A draft Integrated Water Use Licence Application Report is available for public review and comment from 11 April 2016 to 16 May 2016 on the Jones & Wagener website - PUBLIC COMMENT ENCOURAGED Interested and Affected Parties (I&APs) are invited to participate by providing comments and raising any issues of concern that they may have. For more information, please contact: Jones & Wagener Engineering & Environmental Consultants (Pty) Ltd, Anelle Lötter/Sibongile Bambisa P O Box 1434, Rivonia, 2128 Tel: (012) ; Fax: anelle@jaws.co.za /sibongile@jaws.co.za

17 Jones & Wagener Engineering & Environmental Consultants 59 Bevan Road PO Box 1434 Rivonia 2128 South Africa tel: Limpopo Department of Agriculture and Rural Development Private Bag X179 Modimolle March, 2016 F481 Our Ref: Your Ref: F481_Let_al_ Attention: Mr Ben Greeff Dear Sir APPLICATION FOR AN INTEGRATED WATER USE LICENCE IN SUPPORT OF THE BOKPOORT OPERATIONS OF GREENWAY FARMS (PTY) LTD, LIMPOPO PROVINCE As you are aware, Greenway Farms (Proprietary) Limited (Greenway Farms) undertake carrot farming operations on portions 0 and 1 of the farm Kafferskraal 168 KR and portions 3 and 5 of the farm Bokpoort 312 KR, situated in the Limpopo Province. An application in terms of section 25(1) of the National Water Act 36 of 1998 (NWA) for the temporary transfer of water from an instream dam situated in the Lephalala River on portion 1 of the farm Kafferskraal 168 KR (Phalala Dam) to the instream dam situated in the Bokpoort River on portion 3 of the farm Bokpoort 312 KR (Bokpoort Dam) was submitted during May As part of this Transfer Application, Greenway Farms was required to obtain comments from the Department of Agriculture as to the application, which comments were set out in your letter to MacRobert Incorporated dated 2 September The Transfer Application was granted on 2 October 2015 and is renewable for one year. In order to provide a permanent mechanism for the transfer of water from the Phalala Dam to the Bokpoort Dam, Greenway Farms intends to submit an application for an Integrated Water Use Licence (IWULA) in respect of the water uses set out in sections 21(a), 21(c) and 21(i) of the NWA to the Department of Water and Sanitation. Please find attached a notice in this respect. As part of the IWULA, we will be submitting the comments which you provided in respect of the Transfer Application, as set out in your letter dated 2 September Please can you inform us by no later than 16 May 2016 if this is in order, or alternatively provide us with any additional comments you may have in respect of the IWULA. Details of the availability of the IWULA and the public participation office is provided in the attached notice. We look forward to your response. Yours faithfully Anelle Lotter for Jones & Wagener Document source: M:\F481 - Bokpoort WULA (ENV)\Public participation\f481_let_al_ docx Document template: corlet_16r4_50year

18 Jones & Wagener Engineering & Environmental Consultants 59 Bevan Road PO Box 1434 Rivonia 2128 South Africa tel: March, 2016 F481 Our Ref: Your Ref: F481_Let_al_ Attention: Stakeholder Dear Sir / Madam NOTICE OF AN APPLICATION FOR AN INTEGRATED WATER USE LICENCE IN SUPPORT OF THE BOKPOORT OPERATIONS OF GREENWAY FARMS (PTY) LTD, LIMPOPO PROVINCE Notice is hereby given in terms of the National Water, Act 36 of 1998 (NWA) regarding Greenway Farms (Proprietary) Limited s (Greenway Farms) intent to apply for an Integrated Water Use Licence (IWUL) for their Bokpoort operations situated approximately 20km north-west of the town Mookgophong in the Limpopo province 1. BACKGROUND Greenway Farms supply over 40% of South Africa s carrots and has operations in Tarlton in the Gauteng Province, and in the Mookgophong area in the Limpopo Province. Its Mookgophong operations consist of two farming entities namely the Bokpoort operations, approximately 20 km north-west of the town of Mookgophong; and the Phalala operations (also referred to as Khomanani operations), approximately 33 km north-west of the town of Mookgophong. Water for these operations is obtained from the Bokpoortspruit, a tributary of the Sterkspruit and the Lephalala River in terms of lawful abstraction rights ( m³ and m³ per annum respectively). Water is abstracted from two existing instream dams, one in the Bokpoortspruit (referred to as the Bokpoort Dam) and the other situated in the Lephalala River (referred to as the Phalala Dam). In order to efficiently and effectively utilise the lawful abstraction rights from the Bokpoort Dam and the Phalala Dam, Greenway Farms is required to transfer water from the Phalala Dam to the Bokpoort Dam on occasion. Such transfer is not required all year round and may not even be utilised every year. The water from the Phalala Dam needs only to be transferred to the Bokpoort Dam when it is absolutely necessary in periods where rainfall has been low and the Bokpoortspruit is not flowing as well as it usually does. In other words, the transfer from the Phalala Dam to the Bokpoort Dam would be simply to move the water which is lawfully abstracted at the Phalala operations but which is not utilised on such operations to the better soils on the Bokpoort operations.

19 2 A temporary transfer in terms of Section 25(1) of the NWA was granted by the Department of Water and Sanitation (DWS) on 2 October This is renewable for a further year. Jones & Wagener Engineering and Environmental Consultants (J&W) has been appointed by MacRobert Incorporated, on behalf of Greenway Farms, to compile the Integrated Water Use Licence Application (IWULA) for the authorisation of the abstraction of water from the Phalala Dam for irrigation at the Bokpoort operations, as well as the water uses associated with the conveyance of such water between the operations. This permanent arrangement will allow Greenway Farms to transfer water from the Phalala Dam to the Bokpoort Operations when required. 2. LEGISLATIVE REQUIREMENTS AND CONTEXT According to the NWA, Greenway Farms has to apply for the following water uses in order to obtain a lawful water use licence: DESCRIPTION OF WATER USE QUATERNARY CATCHMENT CO- ORDINATES PROPERTY TITLE DEED PROPERTY OWNER S21(a): Taking water from a water resource Abstraction of m 3 /annum of water from the Lephalala River (at the Phalala Dam) for use at the Bokpoort Operations A50A S E Portion 1 of the farm Kafferskraal 168 KR T83661/1 2 Greenway Farm Property (Pty )Ltd S21(c) Impeding or diverting the flow of water in a watercourse and/or S21(i) altering the bed, banks, course or characteristics of a watercourse Changing flow in Bokpoortspruit due to transfer of water from Phalala Dam in quaternary catchment A50A during dry season, when required A61H S E (point where discharged into Bokpoortspruit) S E (Bokpoort Dam) Greenway Farms have existing lawful abstraction rights from the Lephalala River for its Phalala operations and in order to facilitate IWULA, Greenway Farms has, as part of this application, surrendered part of such entitlement, in terms of section 25(2) of the NWA. Accordingly, the IWULA will not result in the requirement for any additional allocation of water. Please note that a separate water use licence application was submitted for the storage of water (S21(b)) for the Phalala Dam and does not form part of this IWULA. Please note further that the Bokpoort Dam (S21(b)) falls within the ambit of an existing lawful water use in terms of section 32 of the NWA. The application process entails the compilation of an Integrated Water Use Licence Application Report which has to be made available for public review and comment. Jones & Wagener (Pty) Ltd F481_Let_r1_alth_ Engineering & Environmental Consultants

20 3 Comments received will be considered and the report will be finalised and submitted to the DWS for their consideration. 3. DRAFT INTEGRATED WATER USE LICENCE REPORT FOR YOUR REVIEW A draft Integrated Water Use Licence Application Report (Report) was compiled and is available for stakeholder review and comment from 11 April 2016 to 16 May The draft Report, which includes the formal application forms which will be submitted to the DWS, includes a detailed description of the proposed water uses, the current environmental situation, relevant maps and a motivation for the licence application. The draft Report is available on the Jones & Wagener website where any person can obtain and review the report. We would appreciate your comments on the Report by 16 May Should you need additional information, please contact: Jones & Wagener Engineering & Environmental Consultants (Pty) Ltd Anelle Lötter/Sibongile Bambisa P O Box 1434, Rivonia, 2128 Tel: (012) ; Fax: anelle@jaws.co.za /sibongile@jaws.co.za Yours faithfully Anelle Lotter for Jones & Wagener Document source: M:\F481 - Bokpoort WULA (ENV)\Public participation\f481_let_al_ docx Document template: corlet_16r4_50year F481_Let_r1_alth_ Jones & Wagener (Pty) Ltd Engineering & Environmental Consultants