BASIC ASSESSMENT REPORT. Appendix F: Environmental Management Plan (EMP)

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1 BASIC ASSESSMENT REPORT Appendix F: Environmental Management Plan (EMP)

2 ENVIRONMENTAL MANAGEMENT PLAN FOR THE PROPOSED UPGRADING OF THE N2 SECTION 26 FROM MOUNT EDGECOMBE INTERCHANGE TO TONGAAT TOLL PLAZA (KM 2.0 KM 21.0). ETHEKWINI MUNICIPALITY, KWAZULU-NATAL. REF NUMBER: 12/12/20/1971 Prepared for: Consulting Engineers PO Box Overport 4067 Prepared by: PO Box 794 Hilton 3201 Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 1

3 1. INTRODUCTION BACKGROUND Land use and Vegetation Heritage The Social Environment ENVIRONMENTAL IMPACT ASSESSMENT (EIA) AIMS OF THIS DOCUMENT STATUS OF THIS DOCUMENT DEFINITIONS USED IN THIS DOCUMENT LEGISLATION PERTAINING TO THIS DOCUMENT DESIGN CONSIDERATIONS VISUAL ASPECTS DRAINAGE GENERAL REQUIREMENTS EMP ADMINISTRATION ROLES AND RESPONSIBILITIES Department of Environmental Affairs (DEA) Employer: South African National Roads Agency Limited (SANRAL) Employer's Representative (ER) Environmental Control Officer (ECO) Contractor's Environmental Liaison Officer (ELO) Environmental Management Committee (EMC) Organizational structure ENVIRONMENTAL AWARENESS TRAINING METHOD STATEMENTS CONTROL OF CONSTRUCTION ACTIVITIES SITE CLEARING Vegetation clearing Basic Assessment Report Mitigation Measures Topsoil Basic Assessment Report Mitigation Measures MANAGEMENT OF SITE FACILITIES Site layout and establishment No-go areas Temporary fencing Ablution facilities Eating areas Workshop, equipment maintenance and storage General aesthetics MATERIALS HANDLING, USE AND STORAGE General Transportation Stockpiling Basic Assessment Report Mitigation Measures Hazardous substances Basic Assessment Report Mitigation Measures Surfacing materials Cement and concrete batching Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 2

4 4.4. TRAFFIC ACCOMMODATION Basic Assessment Report Mitigation Measures WASTE MANAGEMENT Solid waste Wastewater Basic Assessment Report Mitigation Measures NOISE CONTROL DUST CONTROL Basic Assessment Report Mitigation Measures SOIL EROSION AND SEDIMENTATION CONTROL During construction Remediation of existing eroded areas Basic Assessment Report Mitigation Measures WORK IN WATERCOURSES AND WETLAND AREAS Bridge construction Basic Assessment Report Mitigation Measures Basic Assessment Report Mitigation Measures Protection of surface water quality Reinstatement PROTECTION OF INDIGENOUS VEGETATION PROTECTION OF FAUNA BLASTING WATER PROVISION PROTECTION OF HERITAGE AND CULTURAL FEATURES Basic Assessment Report Mitigation Measures ALIEN VEGETATION CLEARING PROGRAMME GENERAL REQUIREMENTS GENERAL ERADICATION GUIDELINES VEGETATION REHABILITATION VEGETATION REHABILITATION PLAN Basic Assessment Report Mitigation Measures GENERAL SEED COLLECTION AND STORAGE SEARCH AND RESCUE NURSERY MULCH FERTILISER LANDSCAPING AND GROUND SURFACE PREPARATION HYDROSEEDING / HYDROMULCHING PLANTS / TREES TIMING ESTABLISHMENT OF VEGETATION Irrigation Weed, disease and pest control Tree establishment NON-COMPLIANCE PROCEDURES OFFENCES AND PENALTIES Indicative List of Transgressions Indicative List of Penalties Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 3

5 Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 4

6 1. INTRODUCTION This Construction Environmental Management Plan (EMP) has been compiled for the upgrading of the National Route 2 Section 26 (N2/26) from Mount Edgecombe Interchange to the Tongaat Toll Plaza, in the KwaZulu-Natal Province. The project involves the widening of both the northbound and southbound carriageways, predominantly in the median as well as on the outside edge in some areas. The project also includes the upgrading of various bridges including the umhlanga River Bridge and the umdloti River Bridge. The proponent, the South African National Roads Agency Limited (SANRAL), appointed to compile a preliminary design for the proposed road upgrade, detailed design as well as design and construct tender documentation. appointed (Terratest) to undertake the required environmental study (Section 1.2) as well as compile the Construction EMP and provide compliance monitoring services as the Environmental Control Officer (ECO). 1.1 BACKGROUND Land use and Vegetation The site falls within the commercial agriculture land use type, with some surrounding vacant/ unspecified land as well as several pockets of land classified as forestry. The project area is situated within the KwaZulu-Natal Coastal Belt, according to Mucina and Rutherford s (2006) classification 1. However, the project footprint falls entirely within the existing road reserve, which does not bare any resemblance to this classification since it is continuously subjected to active management by SANRAL. Views of the surrounding land use. 1 Mucina, L. & Rutherford, M.C. (eds) The Vegetation of South Africa, Lesotho and Swaziland. Strelizia 19. South African National Biodiversity Institute, Pretoria. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 5

7 The N2/26 transects two major estuaries, namely the umhlanga River Estuary and the umdloti River Estuary. These two estuaries are considered to be stressed due to a number of factors, such as mining, discharge of pollutants and increasing development in the vicinity. During the Environmental Assessment Phase, a specialist Estuarine Assessment was conducted by Sustainable Development Projects cc and the findings and mitigation measures in the report have been included in this EMP. umhlanga River Crossing umdloti River Crossing Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 6

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9 1.1.2 Heritage According to the National Heritage Resources Act No 25 of 1999, provisions are made to protect national heritage and this forms an integral part of the environmental assessment process. A Heritage Impact Assessment (HIA) was conducted by ethembeni Cultural Heritage and two observations of significance were made, namely: 1. A Shembe place of worship (isonto) was located just beyond the project area, north of the Tongaat Toll Plaza. This site will not be affected by the proposed N2 Section 26 upgrade as the project will extend to the Toll Plaza and not beyond. 2. An Iron Age smelting site was discovered within the northbound road reserve. The significance of this site is currently unknown, however the site may not be altered in any way without prior investigation by an archaeologist. The location of the two heritage/ archaeological sites must be recorded by SANRAL to ensure management requirements are met during future construction and maintenance along this route in order to assess the cultural and heritage significance of any findings The Social Environment The N2 is the primary route along the KwaZulu-Natal north coast, linking major development nodes and cities, as well as various tourist destinations. One of the foremost developments in the vicinity is the new King Shaka International Airport. The substantial increase in vehicular traffic on the N2 as a result of the airport places increasing pressure on the existing capacity of the N2, particularly in the project area. The need to provide capacity improvements to this section is further stressed by continual growth in infrastructure and the general commercial sector at umhlanga and the greater Durban area along the north coast. 1.2 ENVIRONMENTAL IMPACT ASSESSMENT (EIA) Due to the nature of the proposed project certain regulations of the National Environmental Management Act (NEMA), 1998 (Act 107 of 1998) requires Environmental Authorisation (EA) from the competent national authority. An application was lodged in terms of the NEMA, 1998 (Act 107 of 1998), as amended, and the Environmental Impact Assessment Regulations as published in Government Notice No. R543, R544, R545 and R546 of 2010, for a Basic Environmental Impact Assessment (BAR). This application has been submitted to the National Department of Environmental Affairs (DEA). 1.3 AIMS OF THIS DOCUMENT Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 8

10 The purpose of this Construction EMP is to ensure that the impacts of the construction phase of the project on the environment are kept to a minimum. This includes ensuring that the mitigation measures described in the Basic Assessment Report are implemented, to ensure continued monitoring of the construction phase and to ensure the involvement of interested and affected parties (IAPs) in a meaningful way. 1.4 STATUS OF THIS DOCUMENT The provisions of this Construction EMP are binding on the Contractor during the construction period and Defects Liability Period of the contract. This specification shall be read in conjunction with all the documents that comprise the contract documents for this contract. In the event that any conflict occurs between the terms of the Construction EMP and the Project Specification or the EA, the terms of the Construction EMP shall stand. 1.5 DEFINITIONS USED IN THIS DOCUMENT For the purpose of this Construction EMP the following definitions will apply: Alien vegetation means all undesirable vegetation, defined as but not limited to, all declared category 1 and category 2 plants in terms of the Conservation of Agricultural Resources Act (43 of 1983) (CARA) amended regulations 15 and 16 as promulgated in March Construction activity refers to any action taken by the Contractor, his subcontractors, suppliers or personnel in undertaking the construction work. Construction area(s) refers to all areas used by the Contractor in order to carry out the required construction activities. This includes, all offices, accommodation facilities, testing facilities/laboratories, batching areas, storage & stockpiling areas, workshops, spoiling areas, access roads, traffic accommodation (e.g. bypasses), etc. Environment means the surroundings within which humans exist and that are made up of - land, water and atmosphere; micro-organisms, plant and animal life; any part or combination of the above and the interrelationships among and between them; the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 9

11 Environmental Impact refers to any change to the environment, whether desirable or undesirable, that would result directly or indirectly from any construction activity. Hazardous material/substances refer to any substance that contains an element of risk and could have a deleterious effect on the environment. Road reserve refers to the proclaimed 150m wide corridor of land within which the road is located and that will be defined by the new fence line as part of the construction contract. Vegetation rehabilitation refers to the re-establishment of locally indigenous vegetation with a similar species composition to that which naturally occurs in the area. 1.6 LEGISLATION PERTAINING TO THIS DOCUMENT The requirements for environmental authorisation are regulated by Government Notices 543, 544, 545 and 546, published in terms of Chapter 5 of NEMA. Under these regulations the proposed development contains activities that may potentially have a detrimental effect on the environment, in terms of the Regulations given in R544 and R546 of 18 June 2010: The following activities contained in GNR 544 and GNR 546 of the new NEMA regulations, 2010, were applied for: Number and date of the relevant notice 544, 18 June , 18 June , 18 June 2010 Activity No (s) (in terms of the relevant notice) Description of each listed activity as per project description 9 The construction of facilities or infrastructure exceeding 1000 metres in length for the bulk transportation of water, sewage or storm water (i) with an internal diameter of 0.36 metres or more; or (ii) where such construction will occur within urban areas but further than 32 metres from a watercourse, measured from the edge of the watercourse. 16 Construction of earth moving activities in an estuary, or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is the greater, in respect of (iii) embankments; (iv) rock revetments or stabilizing structures including stabilizing walls; or (vi) infrastructure covering 50 square metres or more 18 The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shell grit, pebbles or rock from (i) a watercourse; (iv) the littoral active zone, an estuary or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever distance Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 10

12 Number and date of the relevant notice 544, 18 June , 18 June , 18 June , 18 June , 18 June , 18 June , 18 June 2010 Activity No (s) (in terms of the relevant notice) Description of each listed activity as per project description is greater 22 The construction of a road, outside urban areas, (i) with a reserve wider than 13, 5 metres 39 The expansion of (iii) bridges; (v) bulk storm water outlet structures; measured from the edge of a watercourse, where such expansion will result in an increased development footprint but excluding where such expansion will occur behind the development setback line. 45 The expansion of facilities in, an estuary, or within the littoral active zone or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is the greater, for (iii) embankments; (iv) rock revetments or stabilizing structures including stabilizing walls; (v) buildings more than 50 square metres; (vi) infrastructure by more than 50 square metres; (xiv) tunnels; where such expansion will result in an increase in the development footprint of such facilities but excluding where such expansion occurs: (a) behind a development setback line; or (b) within existing ports or harbours where there will be no increase in the development footprint or throughput capacity of the port or harbour. 47 The widening of a road by more than 6 metres, or the lengthening of a road by more than 1 kilometre (i) whre the existing reserve is wider than 13,5 meters; or (ii) where no reserve exists, where the existing road is wider than 8 metres - excluding widening that or lengthening occurring inside urban areas. 16 The construction of (iv) infrastructure covering 10 square metres or more where such construction occurs within a watercourse or within 32 metres of a watercourse The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre. 24 The expansion of (d) infrastructure where the infrastructure will be expanded by 10 square metres or more where such construction occurs within a watercourse or within 32 metres of a watercourse The South African Constitution (No 108 of 1996) Chapter 2 - Bill of Rights makes provisions for Environmental rights - Section 24, Rights in property Section 25, Administrative justice - Section 32 and Access to Information Section 33. The National Environmental Management Act (NEMA) (Act 107 of 1998) is a principlesbased Act and is an overarching statute regulating various aspects of natural resource use, integrated environmental management and pollution control. The Act provides for the right to an environment that is not harmful to the health and well-being of the South African people. Sustainable development, environmental protection, equitable distribution of natural resources; and the formulation of environmental management frameworks are also fundamental. The definition of the environment includes the land and water of the earth, Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 11

13 micro-organisms, plant and animal life or a combination of those things, and the inter relationships among them. The Act aims to provide for co-operative environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote co-operative governance, and procedures for co-ordinating environmental functions exercised by organs of state. Section 24 Provides for the prohibition, restriction and control of activities which are likely to have a detrimental effect on the environment. NEMA contains a set of principles that govern environmental management, and against which all environmental management plans and actions are measured. Sustainable development requires the consideration of all relevant factors including the following: Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably. That the disturbance of ecosystems and loss of biological diversity are avoided, or where they cannot be altogether avoided, are minimized and remedied. That pollution and degradation of the environment are avoided, or, where unavoidable, are minimised and remedied. That waste is avoided, or where unavoidable is minimised and reused or recycled where possible and/or disposed of in a responsible manner. That a risk-adverse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions or actions. That negative impacts on the environment and on people s environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimized and remedied. The right of workers to refuse work that is harmful to human health or the environment and to be informed of dangers must be respected and protected. The role of women and youth in environmental management and development must be recognised and their full participation therein must be promoted. Responsibility for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle. The participation of interested and affected parties in environmental governance must be promoted, and people must have the opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation. The participation by vulnerable and disadvantaged persons must be ensured. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 12

14 Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional and ordinary knowledge. That the cost of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimizing further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment. Community well-being and empowerment must be promoted through environmental education, the raising of environmental awareness, the sharing of knowledge and experience and other appropriate means; and Decisions must be taken in an open and transparent manner, and access to information must be provided in accordance with the law. The National Water Act (No 36 of 1998) makes provisions for the protection of surface water and groundwater resources and their sustainable management for the prevention and remediation of the effects of pollution, and for the control of emergency occurrences. The primary purpose of this Act is to manage and control South Africa s water resources by: Meeting the basic human needs of present and future generations. Promoting the efficient, sustainable and beneficial use of water in the public interest. Facilitating social and economic development. Providing for growing demands for water use. Protecting aquatic and associated ecosystems and their biological diversity. Reducing and preventing pollution and degradation of water resources; and meeting international obligations. Landowners and users have an obligation not to pollute water, and prescribe certain measures to prevent pollution. When a bed, bank, course or characteristics of a watercourse is altered, the Act implies that a license has to be obtained. The institutional roles of DWA and the catchment management agencies (CMAs), which are bodies charged with enforcing some aspects of this Act. The CMA may take measures it considers necessary to remedy a harmful situation and may recover all costs incurred. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 13

15 The Conservation of Agricultural Resources Act (No 43 of 1983). The main focus of this act is upon agricultural resources but it has an indirect implication for rivers and provides for the protection of agricultural land while regulations provides for the implementation of control measures for alien and invasive plant species. National Environmental Management: Air Quality Act (No 39 of 2004) which provides for the control of dust, noise and offensive odours. The Occupational Health and Safety Act (No 85 of 1993) makes provisions in regulations Section 8 for the general duties of employers to their employees. Section 9 of the Regulations make provisions for general duties of employers and self employed persons to persons other than their employees. The Protected Areas Act (No 57 of 2003) aims to provide for the protection and conservation of ecologically viable areas representative of South Africa's biological diversity, natural landscapes and seascapes. National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004) (NEMBA), makes provisions for achieving the objectives of the United Nation s Convention on Biological Diversity, to which South Africa is a signatory. The Bill promotes management, conservation and sustainable use of indigenous biological resources, and provides for: The management and conservation of biological diversity within the Republic. The use of indigenous biological resources in a sustainable manner; and The fair and equitable sharing of benefits arising from the commercialization through bio-prospecting of traditional uses and knowledge of generic resources. The Bill gives effect to international agreements relating to biodiversity which are binding on the Republic and provides for co-operative governance in biodiversity management and conservation, and provides for a National Biodiversity Institute to assist in achieving the above objectives. The Act gives wide powers to a National Biodiversity Institute to inter alia protect animals and micro-organisms in appropriate enclosures, the collection of information, undertaking Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 14

16 and promotion of research on indigenous biodiversity and the sustainable use of indigenous biological resources, the prevention, control or eradication of listed invasive species, biodiversity planning and other functions. The Waste Act (Act 59 of 2008), reforms the law regulating waste management in order to protect health and the environment providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government; to provide for specific waste management measures; to provide for licensing and control of waste management activities; to provide for the remediation of contaminated land; to provide for the national waste information system; to provide for compliance and enforcement; and to provide for matters connected therewith. The Minerals and Petroleum Resources Development Act (Act 28 of 2002) makes provision for the equitable access to and sustainable development of the Nation s mineral and petroleum resources; and to provide for matters connected therewith. The above legislation is empowering legislation for the following spheres of government: Department of Environmental Affairs (DEA) Department of Minerals and Resources (DMR) Department of Water Affairs (DWA) Department of Agriculture, Forestry and Fisheries (DAFF) Department of Health (DH) Department of Transport (DoT) Department of Labour (DL) 2. DESIGN CONSIDERATIONS The general design approach is set out in the preliminary design report of the engineering guidelines contract documents. The following additional environmental considerations need to be taken into account in the Contractor s design and construction procedures. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 15

17 This section highlights several environmental constraints and/or recommendations that were identified during the EIA that need to be incorporated into the detailed design of the works VISUAL ASPECTS Visual or aesthetic aspects should be taken into consideration in the treatment of structures such as bridges, culverts, side drains, retaining walls, etc. The detailed design should make use of natural finishes such as materials, colour, etc DRAINAGE In general, stormwater culverts should reflect the positions of natural drainage lines. Where drainage lines constitute streams, estuaries or wetlands, culvert numbers should be increased. Culverts should be placed, sized and designed so that they do not drain upstream of wetland areas, but facilitate surface and subsurface flow linkages with downstream systems. No obstruction of the estuary areas at umhlanga and umdloti River bridges will be allowed. Continuous flow of the river systems must be allowed at all times during the construction period of the upgrading of the bridge structures at these places. No obstruction of flow will be allowed. 3. GENERAL REQUIREMENTS 3.1 EMP ADMINISTRATION Copies of this EMP shall be kept at the site office and will be distributed to all senior contract personnel. All senior personnel shall be required to familiarise themselves with this contents of this document. All senior personnel will be required to sign a register confirming their understanding of the document. This register shall be continuously updated as changeover of senior personnel takes place ROLES AND RESPONSIBILITIES The implementation of this EMP requires the involvement of several stakeholders, each fulfilling a different but vital role to ensure sound environmental management during the construction phase. The stakeholders are discussed below Department of Environmental Affairs (DEA) Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 16

18 DEA is the designated national authority responsible for authorising the environmental application and the EMP related to the project. DEA has overall responsibility for ensuring that the applicant (SANRAL) complies with the conditions of EA as well as this EMP. DEA shall be invited to join the Environmental Management Committee (EMC) (see below) and attend the monthly EMC meetings Employer: South African National Roads Agency Limited (SANRAL) Under South African environmental legislation, the Applicant/Employer is accountable for the potential impacts of the activities that are undertaken and is responsible for managing these impacts. SANRAL as the Applicant/Employer therefore has overall environmental responsibility to ensure that the implementation of this EMP complies with the relevant legislation and the conditions of the EA. The Employer has appointed the Contractor to undertake the contract on a design and construct basis. SANRAL shall join the EMC and attend the monthly EMC meetings Employer's Representative (ER) as the Employer s Representative (ER) would act as the Employer s on-site implementing agent and has the responsibility to ensure that the Employer s responsibilities are executed in compliance with the relevant legislation and the EA. In addition to general project management, the ER has the responsibility to appoint the Environmental Control Officer (ECO) (see below). Any on-site decisions regarding environmental management are ultimately the responsibility of the ER. The on-site ER shall assist the ECO where necessary and will have the following responsibilities in terms of the implementation of this EMP: Ensuring that the necessary environmental authorisations and permits have been obtained. Reviewing and approving the Contract s Method Statements with input from the ECO (see below) where necessary. Assisting the Contractor in finding environmentally responsible solutions to problems with input from the ECO and EMC (see below) where necessary. Ordering the removal of person(s) and/or equipment not complying with the EMP specifications. Issuing fines for transgressions of site rules and penalties for contravention of the EMP. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 17

19 Providing input into the ECO s ongoing internal review of the EMP, which is submitted as a report to the Employer. Chairing the monthly EMC meetings which may co-inside with the onsite project review meetings Environmental Control Officer (ECO) Terratest has been appointed as the independent Environmental Control Officer (ECO) and will monitor and review the on-site environmental management and implementation of this EMP by the Contractor. Terratest will do so by conducting monthly site audits for the duration of the contract and supply monthly audit reports for submission to the EMC. The ECO s duties will include the following: Assisting the ER in ensuring that the necessary environmental authorisations and permits have been obtained prior to construction commencing. Maintaining open and direct lines of communication between the ER, Employer, Contractor and EMC with regard to environmental matters. Reviewing the Contractor s construction Method Statements together with the ER. Monthly site inspections of all construction areas with regard to compliance with the EMP. Monitoring and verifying adherence to the EMP, the EA and approved Method Statements at all times. Monitoring and verifying that environmental impacts are kept to a minimum. Taking appropriate action if the specifications are not followed, this includes reporting the transgressions to the ER. Monitoring the undertaking by the Contractor of environmental awareness training for all new personnel coming onto site. Advising on the removal of person(s) and/or equipment not complying with the specifications (via the ER). Recommendations regarding the issuing of fines for transgressions of site rules and penalties for contraventions of the EMP (via the ER). Auditing the implementation of the EMP and compliance with the EA on a monthly basis. Compiling a final audit report regarding the EMP and its implementation during the construction period after completion of the contract and submitting this report to the Employer and the authorising authority. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 18

20 Contractor's Environmental Liaison Officer (ELO) The Contractor refer to this team appointed by the Employer to undertake the detailed design and the construction activities for the road upgrade project. The appointed Contractor will be required to appoint a competent individual as the Contractor s on-site Environmental Liaison Officer (ELO). The selected ELO must be at least at Foreman level appointment and must fully familiarise him-/herself with the contents of this EMP. He/she will be required to sign the register confirming his/her familiarity with the document. The ELO should furthermore posses the necessary skills to action environmental management to all personnel involved in the contract. The ELO will be responsible for overseeing the Contractor s internal compliance with the EMP requirements and ensuring that the environmental specifications are adhered to. The ELO will be responsible for keeping detailed records of all site activities that may pertain to the environment and include all these aspects in a environmental register. This register must be presented at each EMC meeting and be made available to the ECO during his/her monthly audits. In addition to the environmental register the ELO must keep a register of complaints from any community members on environmental issues. Finally, the ELO will be required to keep a record of all on-site environmentally related incidents and how these incidents were dealt with Environmental Management Committee (EMC) The EMC shall be a multidisciplinary team tasked with monitoring the progress of the EMP and resolving any environmental problems that may arise during the course of the project. The EMC shall be accountable for ensuring that environmentally sound principles guide the project during the construction phase. The EMC shall consist of all the relevant stakeholder in the construction phase, as well as representatives of interested and affected parties, for example: SANRAL s representative ER s representative Contractor s representative (the ELO) Any affected landowners and/or communities and, Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 19

21 The local municipality. The EMC shall meet on a monthly basis Organizational structure Details of the organizational structure are presented in Figure 1. The structure illustrates the reporting procedures for stakeholders in the implementation of this EMP. Authority DEA IAPs Environmental Management Committee Employer SANRAL Environmental Control Officer Employer s Representative Contractor Unknown Figure 1: EMP implementation organisational structure ENVIRONMENTAL AWARENESS TRAINING The Contractor shall ensure that adequate environmental awareness training of senior site personnel takes place and that all construction workers receive an induction presentation on the importance and implications of the EMP. The presentation shall be conducted, as far as possible, in the employees language of choice. As a minimum, training shall include: Explanation of the importance of complying with the EMP. Discussion of the potential environmental impacts of construction activities. The benefits of improvement personal performance. Employees roles and responsibilities, including emergency preparedness. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 20

22 Explanation of the mitigation measures that must be implemented when carrying out their acidities. Explanation of the specifics of this EMP and its specification. Explanation of the management structure of individuals responsible for matters pertaining to the EMP. The contractor shall keep records of all environmental training sessions, including names, dates and the information presented. These records will be presented at the EMC meetings and to the ECO on request during his/her monthly audits METHOD STATEMENTS Method Statements (MS) are written submissions by the Contractor to the ER in response to the requirements of this EMP or to a request by the ER. The Contractor shall be required to prepare Method Statements for several specific construction activities and/or environmental management aspects. The Contractor shall not commence the activity for which a Method Statement is required until ER has approved the relevant Method Statement. Method Statements must be submitted at least 20 working days prior to date on which approval is required to the ER. The ER must in turn accept or reject the Method Statement within 10 working days of receipt. Failure to submit a Method Statement may result in suspension of the activity concerned until such time as a Method Statement has been submitted and approved. An approved Method Statement shall not absolve the Contractor from any of his obligations or responsibilities in terms of the contract. However, any damage caused to the environment through activities undertaken without an approved Method Statement shall be rehabilitated at the Contractor s expense. The Method Statements shall cover relevant details with regard to: Construction procedures and location of the construction site. Start date and duration of the procedure. Materials, equipment and labour to be used. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 21

23 How materials, equipment and labour would be moved to and from the site as well as on site during construction. Storage, removal and subsequent handling of all materials, excess materials and waste materials of the procedure. Emergency procedures in case of any reasonably potential accident/incident which would occur during the procedure. Compliance/non-compliance with the EMP specification and motivation if noncompliant. Method statements (MS) required: Based on the specifications in this EMP, the following Method Statements (MS) are required as a minimum: MS1: Site clearing (4.1) MS2: Site layout and establishment (4.2.1) MS3: Hazardous substances (4.3.4) MS4: Cement and concrete batching (for each operation) (4.3.6) MS5: Traffic accommodation (4.4) MS6: Solid waste control system (4.5.1) MS7: Wastewater control system (4.5.3) MS8: Erosion remediation and stabilisation (4.8.2). MS9: Bridge demolition and construction (for each operation) (4.9.1) MS10: Fire control and emergency procedures (4.12) MS11: Alien vegetation clearing programme (5) MS12: Vegetation rehabilitation plan (6) 4. CONTROL OF CONSTRUCTION ACTIVITIES 4.1 SITE CLEARING MS1: The Contractor shall submit a site clearing method for all areas where the Contractor is required to, or intends to, clear vegetation, either within the road reserve or at the other designated construction areas outside the road reserve. The Method Statement will include: A clear indication of land reference; Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 22

24 Details of any search and rescue and/or seed collection to take place; Which areas will be cleared; How these areas will be cleared; and How the cleared materials will be stored or disposed off Vegetation clearing No vegetation clearing shall take place without written approval of the Method Statement of the ER. No vegetation clearing will take place until seed collection has been undertake in the area, unless the area is not deemed suitable for seed collection. Before clearing of vegetation, the Contractor shall ensure that all litter and non-organic materials are removed from the area to be cleared. Vegetation clearing shall take place in a phased manner in order to retain vegetation cover for as long as possible. Vegetation clearing in watercourses and estuarine/ wetland areas shall be conducted by hand. No heavy machinery shall be permitted in watercourses to clear vegetation. Vegetation cleared from watercourses shall be removed from the watercourses immediately to prevent flooding. All indigenous plant material removed from the cleared areas shall be stockpiled for mulching. All remaining vegetation shall be removed and disposed of at a Department of Water Affairs (DWA) registered landfill site. Basic Assessment Report Mitigation Measures All construction areas should be demarcated prior to construction to ensure that the footprint of the impacts are limited (including areas where vehicles may traverse); The sensitive vegetation unit (coastal riverine forest) should be avoided and construction barred from the edge of the wetlands and streams; Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 23

25 All alien invasive species within the construction and development footprint should be removed and follow up monitoring and removal programmes should be initiated once construction is complete; Reseed cleared areas with an indigenous seed mix to prevent soil erosion; Continue with the existing roadside vegetation management; Hunting and/or fishing activities on site is prohibited. This includes the setting of traps, or the killing of any animal caught in construction works; No animal, reptile or bird of any sort found on site may be killed. This specifically includes snakes or other animals considered potentially dangerous discovered on site. If such an animal is discovered on site an appropriately skilled person should be summoned to remove the animal from the site. Consideration should be given to selection and nomination of such a person prior to site establishment. If no-one is available, training should be provided to at least two site staff members. Paragraph 4, Bank Rehabilitation, and the associated Figure 7 found in the specialist Estuarine Assessment must be implemented by the Contractors and managed by the ECO. The specialist Estuarine Assessment requires the following mitigation measures be implemented: 1. Plant Rescue It is recommended that a plant rescue action [plan] be undertaken in the identified coastal riverine forest, with the removal of the identified Clivia miniata and related species, where they may be impacted upon by construction. The edge of the construction area must be surveyed and species affected must be identified and removed (where applicable) to a holding area to await reinstatement into the following construction. 2. Cordon of forest system The balance of the forest system at the Mdloti River not affected by construction must be cordoned off from the working area. Wire fence and shade cloth cladding should be established along this point. Mitigation measures according to the specialist Estuarine Assessment conducted include: Maintain and cordon development footprint in river bed Access to the working area under the Mdloti bridge should be limited to the area of expansion of the freeway. It is noted that piled columns in the river bed will be Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 24

26 requird. The working platform in the river bed used to establish the columns, should be supported by geofabric bagging (recommended 70kg geo bags) which should form the outside of the in-stream island or platform. The island and access route to the island should be constructed of river sand, similar to the existing estuarine sediment. This should be removed to the original bed level once work is completed. No dump rock should be utilised. Similar mitigation measures may be required for the Ohlanga river bed Topsoil The Contractor shall remove topsoil from all areas where topsoil will be impacted on by construction activities, including temporary activities such as storage and stockpiling areas, mining areas and detours. Stripped topsoil shall be stockpiled in areas agreed with by the ER for later use in revegetation and shall be adequately protected. Topsoil is considered to be the natural soil covering, including all the vegetation and organic matter. The depth of the soil may vary and due to this reason the top 300mm of soil must be removed and preserved as topsoil. Topsoil stockpiles shall be convex and no more than 2m high. Stockpiles shall be shaped so that no surface water ponding can take place. Topsoil stockpiles shall be protected from erosion by wind and rain by providing suitable stormwater and cut-off drains (approved by the ER) and/or the establishment of temporary indigenous vegetation. Topsoil stockpiles shall not be subject to compaction greater than kg/m 2 and shall not be pushed by a bulldozer for more than 50m. Topsoil stockpiles shall be monitored regularly to identify any alien plants. If any occurs, they must be removed when they germinate to prevent contamination of the indigenous seed bank. Before topsoil is to be re-used the stockpiles shall be analysed by a suitably qualified Landscape Contractor/Horticulturalist and, if necessary, be fertilised before use. Any topsoil contaminated by hazardous substances shall not be used but shall be disposed of at a DWA registered landfill site. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 25

27 The Contractor shall be held responsible for the replacement, at his expense, for any unnecessary loss of topsoil due to his failure to work according to the approved Method Statement and the requirements of this EMP. Basic Assessment Report Mitigation Measures Spread absorbent sand on areas where oil spills have occurred; Oil-contaminated soils are to be removed to a contained storage area and disposed of at a licensed facility; Soil should be stockpiled in such a way as to minimize erosion MANAGEMENT OF SITE FACILITIES The construction, layout and extent of the construction site and its components shall be planned, designed and managed in such a manner that environmental impacts are minimised. Temporary structures and facilities shall be decommissioned to the satisfaction of the ER and clean-up after construction shall be effectively undertaken Site layout and establishment The Contractor shall establish construction camps, offices, workshops, testing facilities, stockpiling areas, staff accommodation etc. in a manner that does not adversely affect the environment. The construction areas shall be kept to a minimum. Site establishment shall not take place on steep slopes, within 50m of wetland areas and watercourses or sites declared as no-go areas (see below). The site layout shall take cognisance of access for deliveries and services. Likely disturbance to neighbours as well as security implications shall be considered. Any site establishment near any settlements shall be discussed with and agreed to by the local community. These negotiations must be commissioned and chaired by the CLO. MS2: Before construction can begin, the Contractor shall submit to the ER for approval a Method Statement detailing: Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 26

28 A layout plan and the method of establishment of the construction camp, i.e. all offices, accommodation facilities, testing facilities/laboratories, batching areas, storage and stockpiling areas, workshops, vehicle washing areas and all other areas/facilities required for the undertaking of activities required for completion of the project. The plan shall include the location and layout of waste storage and treatment facilities, ablution facilities, stockpiling and spoil areas and hazardous material storage areas. The demolition and removal of these facilities on completion of construction works shall also be detailed. If applicable, written agreement from any affected local community shall be included. The Contractor shall restrict all his activities, materials, equipment and personnel to within the area specified. The Contractor shall ensure that the approved construction area will be adequate to cover the project without further space adjustments being required at a later date No-go areas Areas where construction activities (including traffic accommodation) are prohibited are referred to as no-go areas. Entry into these areas by any person, vehicle or equipment without the ER s written permission will result in a penalty. All declared no-go areas will be demarcated by temporary fencing (4.2.3), the position of which shall be agreed to by the ER and the ELO, and appropriate signage. All private property outside of the construction areas (including any detour routes) as set out in the site layout plan shall be considered no-go areas. The ER may declare additional no-go areas at any time during the construction phase as deemed necessary and/or at the request of the ECO and/or the EMC. Demarcation materials (fencing, signage, etc.) shall not be moved or removed at any stage of the project without the written consent of the ER Temporary fencing The Contractor shall erect temporary fencing along the perimeter of designated no-go areas. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 27

29 Temporary fencing shall, as a minimum, consist of wooden or metal posts at 3m intervals, with two plain wire strands tensioned horizontally at heights of 300mm and 900mm above the ground, threaded with commercial type danger tape. The Contractor shall maintain in good order all demarcation fencing and barriers for the duration of construction activities, or as otherwise instructed Ablution facilities The Contractor is responsible for the erection and maintenance of adequate ablution facilities and for enforcing the use of these facilities. The Contractor shall be responsible for ensuring that all ablution facilities are maintained in a clean and sanitary condition to the satisfaction of the ER. Ablution facilities (chemical toilets, etc.) must be provided at all construction camp areas where there will be a concentration of labour. Toilet paper must be provided Eating areas If none is available, the Contractor shall provide adequate temporary shade within the construction areas to ensure that site personnel do not move off site to eat. The Contractor shall provide adequate refuse bins at all eating areas to the satisfaction of the ER. If deemed necessary by the ER, the Contractor shall demarcate designated eating areas. No feeding of wild animals shall be allowed Workshop, equipment maintenance and storage All vehicles and equipment shall be kept in good working order to maximise efficiency and minimise pollution. All maintenance, including washing and refuelling of plant on site shall take place at designated locations at the workshop area. Compliance & Monitoring\EMP\N2 Section 26 EMP.docx 28