ENVIRONMENTAL IMPACT ASSESSMENT

Transcription

1 ENVIRONMENTAL IMPACT ASSESSMENT NOTICE OF ENVIRONMENTAL IMPACT ASSESSMENT PROCESS FOR THE SARATOGA VEGETATION CLEARING SECTION 24G ON PORTION 4 OF THE FARM KLAAS VOOGDS RIVIER NO. 40, ROBERTSON, WESTERN CAPE. 1. PURPOSE OF THIS DOCUMENT BACKGROUND INFORMATION DOCUMENT (BID) AND INVITATION TO PARTICIPATE 12 June 2016 DEA&DP REFERENCE No: 14/2/1/2/B1/14/0011/16 The purpose of this document is to: Provide stakeholders with information about the illegal vegetation clearing and a proposed blueberry orchard on Portion 4 of Farm 40, Klaas Voogds Rivier, Robertson, Western Cape. Introduce and explain the Section 24G and Public Participation process to be followed for the proposed development, in terms of applicable environmental legislation (National Environmental Management Act (NEMA), (Act No.107 of 1998), as amended; Invite all stakeholders to register between the 12 th of July 2016 and 15 th of August 2016 as an Interested and Affected Party for the proposed development; 2. PROJECT DESCRIPTION Two patches of indigenous vegetation were illegally cleared on portion 4 of farm 40 Klaas Voodgs Rivier (Saratoga Farm), which is privately owned by the client Mr. Marc Doms, and is located approximately 10 km north east of the town of Robertson and approximately 8.4 km north west of Ashton. The farm is located outside the urban edge (appropriately zoned agricultural zone 1) and falls under the Langeberg Local Municipality. Saratoga farm is a fully functioning farm specializing in the growing of blueberries under tunnels. The land use of the surrounding area is also predominantly for agricultural purposes. The topography of the site is can be described as an open valley surrounded by the Langeberg-Wes Mountain range. Mr. Doms had planned on clearing two patches of indigenous vegetation adjacent to an existing agricultural field (to the north and to the south side of the existing field) with the aim to enlarge the field for the preparation of an additional blueberry orchard. P.O. Box

2 The orchard footprint has been cleared in its entirety, however an assessment of the vegetation adjacent to the clearing perimeter was done by a botanical specialist, Dr Dave McDonald. This indicated that the vegetation type was likely incorrectly mapped as Breede Shale Renosterveld (which is listed as Vulnerable) and is more likely that of South Langeberg Sandstone Fynbos (which listed as Least Threatened). Some alien species were also located in the area adjacent to where the clearing had occurred. The site does not fall within a CBA, no plant species of conservation concern were found within the undisturbed area (adjacent to the site) and the clearing was confined to the periphery and did not introduce any fragmentation. It is therefore confidently assumed that the impacts can be considered highly insignificant or LOW NEGATIVE. The cleared areas are however also mapped as part of the Breede Alluvium Renosterveld threatened ecosystem (listed as vulnerable), however no threatened plant species or species of conservation concern were found within this ecosystem adjacent to the site, therefore possibly also erroneously mapped. The construction of the blueberry orchard is not yet complete and will only commence once environmental authorisation is granted. This will include the installation of infrastructure (irrigation and tunnelling) and the planting of a crop of blueberries. This blueberry orchard will have positive socio-economic impacts, by creating temporary and permanent jobs, and will not result in any further environmental damage. No cultural or heritage resources were impacted upon by the vegetation clearing and are not expected to occur during the construction of the proposed blueberry orchard. No direct rectification is possible as the footprint has been cleared in its entirety, however a conservation offset agreement could be arranged to have non-arable areas on the farm assigned for conservation under a biodiversity conservation agreement. Taking the above mentioned vegetation clearing and the proposed blueberry orchard into account, the following legislation was considered: NATIONAL ENVIRONMENTAL MANAGEMENT ACT (Act No. 107 of 1998), AS AMENDED Environmental Assessment The National Environmental Management Act (NEMA) (Act No. 107 of 1998) identifies the clearing of indigenous vegetation as an activity that may have detrimental effects on the environment with the following listed activities: Government Notice No. R.983 of 2014: Activity 27 The clearance of an area of 1 hectares or more, but less than 20 hectares of indigenous vegetation, except where such clearance of indigenous vegetation is required for the undertaking of a linear activity; or maintenance purposes undertaken in accordance with a maintenance management plan. Activity 67 Phased activities for all activities: (i) listed in this Notice, which commenced on or after the effective date of this Notice; or (ii) similarly listed in any of the previous NEMA notices, which commenced on or after the effective date of such previous NEMA Notices; where any phase of the activity may be below a threshold P.O. Box

3 but where a combination of the phases, including expansions or extensions, will exceed a specified threshold; excluding the following activities listed in this Notice: 17(i)(a-d); 17(ii)(a-d); 17(iii)(a-d); 17(iv)(ad); 17(v)(a-d); 20; 21; 22; 24(i); 29; 30; 31; 32; 34; 54(i)(a-d); 54(ii)(a-d); 54(iii)(a-d); 54(iv)(a-d); 54(v)(a-d); 55; 61; 62; 64 and 65. Government Notice R. 985 of 2014 Activity 12 The clearance of an area of 300 square metres or more of indigenous vegetation except where such clearance of indigenous vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan. In Eastern Cape, Free State, Gauteng, Limpopo, North West and Western Cape provinces: (i) within any critically endangered or endangered ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as critically endangered in the National Spatial Biodiversity Assessment 2004; (ii) within critical biodiversity areas identified in bioregional plans; (iii) within the littoral active zone or 100 metres inland from high water mark of the sea or an estuarine functional zone, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas; or (iv) on land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning. Definition of an Environmental Impact Assessment (EIA) An environmental impact assessment is a good planning tool to assist in the identification, evaluation and assessment of potential positive and negative impacts of a proposed development on the environment. It also recommends ways to avoid or reduce negative impacts, and ensure that developments are sustainable without affecting people s lives and the environment adversely. As mentioned, an EIA is undertaken in terms of the NEMA (Act No 107 of 1998) as amended, and the EIA Regulations. 3. POTENTIAL ENVIRONMENTAL ISSUES Potential environmental issues for the proposed construction of the blueberry orchard will be addressed in the assessment include inter alia: Impact on fauna and flora: Indigenous vegetation on either side of an existing agricultural field was cleared in its entirety. The vegetation is however least threatened and not endangered in any way. The clearing was confined to the periphery and did not introduce any fragmentation. No threatened plant species or species of conservation concern were found adjacent to the site. Therefore these impacts can be considered minimal and have already occurred, however no further impacts on any fauna or flora are expected during the construction and maintenance of the proposed blueberry orchard. Noise pollution: P.O. Box

4 The construction/installation of a new blueberry orchard will result in minimal noise impacts as these impacts are expected to be temporary in nature. This noise will be similar to the current level of noise experienced on the farm. Heritage impact: No heritage resources were impacted by the vegetation clearing and are not expected to occur during the construction of the orchard infrastructure. This is because a large portion of the site had already been disturbed by agricultural activities. Heritage Western Cape has issued a positive Record of Decision on the 30 th of May 2016, to permit the proposed construction of a new orchard. Visual impact: There will be some visual impacts during the construction phase but this will only be temporary. The visual impact during the operational phase is not expected to be significant since the site is bounded by and in close proximity to similar existing orchards. The site is also located within a valley meaning that it will not be visible from afar. Heritage Western Cape has issued a positive Record of Decision on the 30 th of May 2016, to permit the proposed construction of a new orchard. As mentioned, the Environmental Impact Assessment Report will identify measures to reduce identified negative impacts, and optimise positive impacts. 4. PUBLIC PARTICIPATION In terms of the NEMA, public participation forms an integral part of the environmental assessment process. The public participation process provides people who may be affected by the proposed development with an opportunity to provide comment and to raise issues of concern about the project or to make suggestions that may result in enhanced benefits for the project. Comments and issues raised during the public participation process will be captured, evaluated and included in a Comment and Response Report. These issues will be addressed and included in the final Section 24G Environmental Impact Assessment Report, which will be submitted to the Department of Environmental Affairs and Development Planning (DEA&DP). 5. DELIVERABLES The environmental assessment will culminate in the compilation of a Section 24G Environmental Impact Assessment Report and an Environmental Management Plan. These documents will be submitted to the Department of Environmental Affairs and Development Planning (DEA&DP), who are the regulatory authority responsible for the review of these reports within the Western Cape. The DEA&DP has to reach a decision as to whether, and under what conditions, the project may proceed, based on environmental considerations. An environmental authorisation will be issued based on the information provided in the Section 24G Environmental Impact Assessment Report and the Environmental Management Plan. Interested and Affected Parties who have registered will be notified of the environmental authorisation when granted. P.O. Box

5 6. TIMEFRAMES Activity The table below provides an indication of the proposed timeframes for the project. Estimated Timeframe Compilation of Notice of Intent to Develop (NID) (HWC) 01 May May 2016 Submission of NID 13 May 2016 Heritage Western Cape review of NID May 2016 Specialist assessments (freshwater and botanical) 15 May 29 June 2016 Compilation of Section 24G Application 16 May 3 June 2016 Submission of S 24G Application to Department of Environmental Affairs & Development Planning (DEA&DP) 3 June 2016 Review of Application by DEA&DP 3 June 29 June 2016 Compilation of Draft S 24G Report and Environmental Management Plan (EMP) 3 June 8 July 2016 Submission of Draft S 24G Report and EMP to DEA&DP 11 July st Public Participation Process (30 days) 12 July 15 August 2016 Amend Draft S 24G and EMP, Include Possible Specialist Assessments August nd Public Participation Process on (30 days) September October 2016 Amend Draft Final S 24G and EMP and submit Finals to decision-making Authority for a decision October 2016 DEA&DP Review of Final S 24G and EMP October January 2017 Authorisation January 2017 Notify all Interested and Affected Parties January 2017 P.O. Box

6 7. INVITATION TO PARTICIPATE Guillaume Nel Environmental Consultants were appointed as an independent environmental consultancy by Mr. Marc Doms to facilitate the environmental impact assessment and public participation process for the requirements of NEMA Section 24G for the illegal clearing of indigenous vegetation and subsequent construction of a new orchard. A hardcopy of the first Draft Section 24G Environmental Impact Assessment Report will be available at the Robertson public library (Ms. Christa Joubert; Tel: ) and an electronic copy will also be available on GNEC s website ( We would like to invite and encourage all stakeholders to complete and return the enclosed registration sheet and submit any written comments to: GNEC Att: Ruben Schoombie P.O. Box Tel: Fax: ruben@gnec.co.za GNEC Ref No: DEA&DP Ref No: 14/2/1/2/B1/14/0011/16 Please submit the registration sheet to GNEC by no later than Monday the 15 th of August P.O. Box

7 NOTICE OF ENVIRONMENTAL IMPACT ASSESSMENT PROCESS FOR THE SARATOGA VEGETATION CLEARING SECTION 24G ON PORTION 4 OF THE FARM KLAAS VOOGDS RIVIER NO. 40, ROBERTSON, WESTERN CAPE. REGISTRATION AND COMMENT SHEET 12 July 2016 DEA&DP REFERENCE No: 14/2/1/2/B1/14/0011/16 GNEC REF: Title Name and Surname Company Name/Interest Postal-or-Residential Address Area Postal Code Tel: Cell Phone Fax: Address Please indicate you preferred method of communication (Please indicate with an X) Fax Post Comments (You are welcome to attach more sheets if necessary (Your comments will be considered in the Section 24G EIA process) Please provide details of any other person/company whom you would like us to add to our mailing list Title Name and Surname Company Name Tel: Fax No: Please complete and return to GNEC by no later than Monday 15 th August 2016 Attention Ruben Schoombie P.O. Box 2632,, 7620 Tel: , Fax: ruben@gnec.co.za Thank you for your participation P.O. Box