NATIONAL ROAD 3: KEEVERSFONTEIN TO WARDEN (DE BEERS PASS SECTION) CHAPTER 1: INTRODUCTION

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1 February 2016 NATIONAL ROAD 3: KEEVERSFONTEIN TO WARDEN (DE BEERS PASS SECTION) CHAPTER 1: INTRODUCTION 1. INTRODUCTION This Environmental Impact Assessment Report (EIR) has been compiled as part of an Environmental Impact Assessment (EIA) that is being undertaken for the proposed National Road 3 (N3) De Beers Pass Route (DBPR) between Keeversfontein (just north of the N3 Tugela Toll Plaza) in KwaZulu-Natal via the De Beers Pass area to Warden in the Free State. The total length of the proposed route will be approximately 98 km (see Figure 1-1). Interested and Affected Parties (I&APs) were invited to submit comments on the Draft EIR. The Draft EIR was then updated to this Final EIR, having given due consideration to the comments received. This chapter provides background to the proposed project, outlines the Terms of Reference (ToR) for the EIA process, explains the report structure and describes the public participation process. 1.1 BACKGROUND TO THE PROJECT In 1971 construction of the dual carriage freeway from Durban to Johannesburg was accepted by Government as part of the new National Road Programme. At that time a dual carriageway already existed between Mooi River and Durban. The existing N3 highway between Heidelberg and Cedara (Pietermaritzburg) is shown in Figure 1-1. The map also shows the remaining portion of the N3 to be completed between Keeversfontein and Warden which includes the new De Beers Pass. Following a route location study between Estcourt and Villiers, in which several alternatives were investigated by the then National Transport Commission, the final route was chosen. In 1974 the basic planning for the N3 highway was finalised, and construction of the most critical portions commenced. However, because of a shortage of funds the completion of construction was delayed. In 1983 the authority to charge tolls on national roads was promulgated in the National Roads Amendment Act 79 of This resulted in much-needed new funding sources for national roads, allowing projects to proceed such as the N2 Tsitsikamma highway, including its three striking arch bridges. The much-needed Marianhill toll road followed almost immediately. Cave Klapwijk and Associates 1-1

2 February 2016 Figure 1-1: Existing route from Heidelberg to Cedara and proposed De Beers Pass Section Cave Klapwijk and Associates 1-2

3 A concession contract was entered into in 1986 for the design, construction and operation of the N3. This resulted in the upgrading of the older sections of the N3 and the construction of the Frere-Keeversfontein (approximately 50 km) and Warden-Villiers (approximately 100 km) sections. This concession contract was subsequently terminated in Following a public tender process, the South African National Roads Agency SOC Ltd (SANRAL) appointed the N3 Toll Concession (Pty) Ltd (N3TC) in 1999 as the Concessionaire responsible for the Design, Construction, Financing, Operation and Maintenance of the N3 from Cedara in KwaZulu-Natal to the Heidelberg South Interchange in Gauteng as a Toll Highway. The Concession Contract included a requirement to construct the Keeversfontein-Warden section once traffic volumes on the Van Reenen s Pass reached a specified level. The N3TC obtained a conditional environmental authorisation in 1999 for the construction and upgrading of the N3 between Cedara and Heidelberg, including the DBPR, and proceeded to construct the Villiers-Heidelberg section as well as to rehabilitate and upgrade the existing sections. 1.2 THE ENVIRONMENTAL IMPACT ASSESSMENT PROCESS The N3TC obtained environmental authorisation by means of a Record of Decision (RoD), issued by the Department of Environmental Affairs and Tourism (DEAT), on 26 March 1999, authorising the construction and upgrading of the N3 Toll Road System from Heidelberg to Cedara, comprising two sections, (i) Cedara to Heidelberg (via Van Reenen) and (ii) Keeversfontein to Warden (DBPR). The RoD was issued subject to certain conditions (Volume 2, Appendix A). In particular, the following conditions under the heading De Beers Pass Route were specified: Provision must be made in the EMP for a detailed study on the influence of the new De Beers Pass/Warden route as proposed by Naidoo and Associates; Hydrology and Water Quality. An analysis of the current indicated alignment of the De Beers Pass/Warden route versus alternative routing to avoid wetlands must be done. This needs to be done as part of the detailed road design. Wetland specialists should be consulted. An analysis of improved designs for road drainage versus the offset of investing in appropriate wetland assets elsewhere is to be done as part of the detail road design. Hydrologists and wetland specialists should be consulted. The exact location of the proposed tunnel should be determined and the materials to be removed during the construction should be stockpiled as far away from the gorge as possible. Tunnel entrance lights must be directed so that it has minimal or no impact on the ambience of the area. Cave Klapwijk and Associates 1-3

4 That the route alignment from the bottom of De Beers Pass to the top of the escarpment be re-evaluated during the detailed design phase so as to ensure that the road and tunnel have the least negative impact on the landscape. The functions of the wetlands in the De Beers Pass section must under no circumstances be negatively impacted on. Further detailed studies should be completed during the detailed design. The results and recommendation of the studies must be approved by this Department as well as provincial environmental departments. Other conditions in the 1999 RoD considered in this EIA are: Provision must be made in the EMP that the influence of the road on Alex Pan will be researched and appropriate mitigation measures must be implemented in order to minimise the effect thereof on the pan and its associated wildlife. Provision must be made in the EMP that a study on the current location of sun gazers in the road reserve, quarries and road camps will be done. A management plan for translocation of sun gazers from known locations and other unexpected sun gazer findings must be developed. This plan must stipulate detailed actions to be taken. The project has the greatest potential on the area s wetland resources at every point where the road will cross a wetland. The critical issue with regard to the mitigation of impacts to wetlands will therefore be the design and placement of drainage structures under the road. Emphasis must be on ensuring that these structures pose minimal disruption to the natural flow patterns of water through the wetland. Inadequate or badly placed structures will result in the loss of wetland functions or values which will be felt some distance downstream, and by most of the users of the wetland. This must be reflected in the Environmental Management Programme (EMP). Since new EIA Regulations were enacted in terms of the National Environmental Management Act (No 36 of 1998) (NEMA) in 2006 (and again in 2010 and 2014), SANRAL and the N3TC jointly approached the Department of Environmental Affairs (DEA), (previously the DEAT), to clarify the way forward. It was agreed that SANRAL would submit a new Application for Environmental Authorisation for the DBPR, via a full Scoping and EIA study, including consideration of reasonable and feasible alternatives. A new application for environmental authorisation was submitted on 23 July 2010 for the construction of the National Road 3: Keeversfontein to Warden (De Beers Pass Section). In order to facilitate this process Mr. Alan Cave, who was the Independent Environmental Assessment Practitioner (EAP) for the original EIA, was again appointed as the EAP for this assessment. Cave Klapwijk and Associates 1-4

5 1.3 STRUCTURE OF THE REPORT Chapter 1 of this report provides a general background to the proposed project Terms of Reference, (ToR) for the EIA study and report structure, and outlines the procedure for comment on the Draft EIR. An explanation of the study approach and methodology, together with associated legal considerations, are then dealt with in Chapter 2. A detailed description of the proposed project is presented in Chapter 3, followed by the need and desirability of the project in Chapter 4. Reasonable and feasible alternatives and mitigation deviations are described in Chapter 5, and the receiving environment is covered in Chapter 6. Chapter 7 contains the findings of the specialist studies and assessment of the impacts and alternatives. The results of the economic assessments are given in Chapter 8, and the synthesis by the EAP is included in Chapter 9 together with a conclusion and recommendations. 1.4 OPPORTUNITY TO COMMENT ON THE DRAFT EIR I&AP Notification All Interested and Affected Parties (I&APs) on the project database were notified via personalised letters of the availability of the Draft EIR. All reports, including Specialist Study reports, were uploaded on the ACER website under the N3EIA Draft EIA Report link. They were also available on Reports/ Public Open Days Public Open Days and public meetings were held in the study area to present the findings on the Draft EIR at the following areas: Ladysmith; Van Reenen; Harrismith; Warden; Tshiame; and Phuthaditjhaba Availability of draft reports at public places The Draft EIR was available at various public places similar to the ones used for the DSR as follows: Ladysmith Public Library; Green Lantern Inn (Van Reenen); Harrismith Public Library; and Warden Public Library. Cave Klapwijk and Associates 1-5

6 1.4.4 Comments on draft Reports All comments of the DEIR were captured in the Comments and Responses Report (CRR) presented in Appendix AB. This FEIR is available on the ACER website under the N3EIA Final EIR link as well as on Reports/. Comments can be submitted directly to the Department of Environmental Affairs. Cave Klapwijk and Associates 1-6