Proposed Langhoogte Wind Energy Facility: Motivation for Amendment of Environmental Authorisation

Transcription

1 SAGIT Energy Ventures (Pty) Ltd The Oval, Newlands P.O. Box 44721, Claremont Western Cape, South Africa Proposed Langhoogte Wind Energy Facility: Motivation for Amendment of Environmental Authorisation Submitted by: Lithon Project Consultants Windhoek Office: PO Box Ausspannplatz Windhoek, Namibia Cape Town Office: Gound Floor Liesbeeck House, River Park Cape Town, South Africa Johannesburg Office: 8 Greenstone Place Stoneridge Office Park Greenstone, Edenvale Johannesburg, South Africa Tel: Fax: Tel: Fax: Tel: Fax: Copyright reserved

2 Approval and Review Sheet Client: SAGIT Energy Ventures (Pty) Ltd Project: P5015 Document Number: 001 Status of Report: Draft Distribution Date: 12 May 2015 Signed on behalf of: Lithon Project Consultants (Pty) Ltd Prepared by: Technical Executive Lithon Project Consultants Reviewed by: SAGIT Energy Ventures Accepted by: Director SAGIT Energy Ventures Jaana-Maria Ball Kasper van Rooyen Mich Niewoudt Date: 07/05/2015 Date: 08/05/2015 Date:08/05/2015 i

3 TABLE OF CONTENTS 1. Introduction Background Proposed Amendment Application Process Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists Purpose of the Report Legislative Changes Findings of the Assessment and Motivation for Amendment Public Participation and Authority Consultation Process Conclusion and Recommendations Way Forward ii

4 List of Tables Table 1: Comparison of 2010 and 2014 EIA Regulation s Listed Activities Table 2: Full Text of Relevant 2010 and 2014 Listed Activities List of Appendices Appendix A: Amendment Application (as submitted on 28 November 2014) Appendix B: Correspondence with the Relevant Authority: The Department of Environmental Affairs Appendix C: Curriculum Vitae of the Environmental Assessment Practitioner Appendix D: Avi-fauna Assessment Report from Mr. Chris van Rooyen of Chris van Rooyen Consulting Appendix E: Bats Assessment Report from Mr. Werner Marais of Animalia Appendix F: Visual Assessment Report from Mr. Alan Cave of Cave Klapwijk and Associates Appendix G: Noise Assessment Report from Mr. Barend van der Merwe of dbacousti List of Acronyms cm CRR dba DEA EA EAP EAPAN EIA EIR EMPr EMP GN I&AP km Lithon LN m 2 MW M NEMA PPP RE SAAB SACNASP SAGIT SAIEES SEA WEF Centimetre Comment and Response Report Decibel Audio Department of Environmental Affairs Environmental Authorisation Environmental Assessment Practitioner Environmental Assessment Practitioner s Association of Namibia Environmental Impact Assessment Environmental Impact Report Environmental Management Programme Environmental Management Plan Government Notice Interested and Affected Party Kilometre Lithon Project Consultants (Pty) Ltd Listing Notice Cubic metre Mega Watts Metre National Environmental Management Act Public Participation Process Remainder of Erf South African Association of Botanists South African Council for Natural Scientific Professions SAGIT Energy Ventures (Pty) Ltd Southern African Institute of Ecologists and Environmental Scientists Strategic Environmental Assessment Wind Energy Facility 4

5 1. Introduction 1.1 Background Lithon Project Consultant s (Lithon) were appointed to undertake an application for amendment of the Environmental Authorisation (EA), on behalf of SAGIT Energy Ventures (Pty) Ltd (SEV) for the Langhoogte (Reference Number: 14/12/16/3/3/2/260/ AM1) Wind Energy Facility (WEF) and its associated infrastructure. The amendments applied for are documented in the Amendment Application (Appendix A) and are as follows: Administrative correction of the farm names and portions in the original EA. Change in wind turbine blade length to a maximum total rotor diameter length of 150 m from blade tip to blade tip i.e. each blade is a maximum of 72 m in length with the nacelle being 6 m across Change in hub height to a maximum of < 120 m hub height Removal of the total Mega Watts (MWs) expected to be generated per turbine from the original EA. Turbine positions, the WEF footprint and associated infrastructure (on-site substation, underground electricity cables, access roads, overhead transmission line and offsite control centre) will remain the same, as approved by the Department of Environmental Affairs (DEA), the Competent Authority, on 15 August The EA for the Langhoogte WEF proposed between Botrivier and Caledon within the Theewaterskloof Local Municipality is based on a of assumptions, with the primary ones being that a total of forty four wind turbines will be erected, each generating between 2.5 and 3.6 MW, which will result in the WEF generating between 110 and MW of electricity (a maximum of 140 MW). The nacelle or hub-height of each turbine was stated as between 80 and 100 m and the blade length between 40 and 60 m. Preferred locations for the wind turbines were identified based on identified environmentally sensitive areas and associated buffer zones, as well as buffer zones with respect to physical infrastructure and optimisation of turbine performance. The turbine positions were specifically selected to ensure that there were no fatal flaws associated with the proposed development, and to make provision for minor repositioning movements subject to the findings of the detailed geotechnical studies. 1.2 Proposed Amendment Application Process The Competent Authority for the Langhoogte WEF application is the DEA, and all correspondence related to this Amendment Application with the Authority can be reviewed in Appendix B. The following legislated process was followed with respect to the amendment application: STEP 1: Submission of the Application for Amendment to the EA and payment of the Application Fee STEP 2: The Competent Authority has 14-days to acknowledge receipt of the Application for Amendment STEP 3: The Competent Authority has 30-days to indicate what is required of the Applicant (and it s appointed independent Environmental Assessment Practitioner (EAP)) 5

6 STEP 4: The EAP and the technical specialists undertake the assessment and produce an EA Amendment Report detailing the findings of the assessments and revise the Environmental Management Plan (EMP) (if necessary) STEP 5: Interested and Affected Parties (I&APs) are informed of the availability of the EA Amendment Report and the revised EMP in the public domain for a 30-day comment period (21 days but as a precautionary principle increased to 30 days and run concurrently with STEP 6) STEP 6: The Amendment Report and the EMP (if revised) are made available to the Organs of State and Government Commenting Authorities for a 30-day comment period STEP 7: The comment is received and a Comment and Response Report (CRR) is prepared and the Amendment Report and EMP (if produced) are revised, if necessary. STEP 8: The EA Amendment Report (including the CRR) is submitted to the Competent Authority STEP 9: The Competent Authority makes a decision regarding the Application for Amendment (they have 30 days to do so) STEP 10: The Appeal Process commences (this process is only applicable to the amendments and not the Competent Authority s original decision) An increase in the wind turbine blade length and hub height, increases, and changes, the area and height above ground of the swept area. This potentially changes the potential impacts associated with avifauna, bats, noise and potentially the area impacted by shadow flicker and the view shed. The amendments proposed will not impact the overall footprint of the proposed development nor the footprint and position of the turbines, and as a consequence it is not anticipated that the heritage resources, terrestrial flora, wetlands, traffic etc. impacts as predicted in the original Environmental Impact Assessment (EIA) process will significantly change. As such only avifauna, bat, visual and noise technical specialists were appointed to undertake an assessment to confirm whether the significance of the predicted impacts would change from that documented in their original specialist reports prepared as part of the original EIA process and the Final Environmental Impact Report (EIR). After discussion with each technical specialist involved it was ascertained that only desktop studies were required for their assessments. The specialists were subsequently requested to prepare a short report/ letter documenting the findings of their assessment (refer to Appendices D G). Based on this, an integrated assessment was made by the EAP, Ms. Jaana-Maria Ball (see Section 1.3 and her Curriculum Vitae in Appendix C). 6

7 1.3 Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists The EAP for the Amendment Application was Ms. Jaana-Maria Ball. She was responsible for the overall environmental project management, integration assessment, report writing and liaison with the technical specialists. Ms. Ball is a professional Project Manager, Environmental Scientist, Ecologist and Botanist. She is a Technical Executive of Lithon Project Consultants with 20 years experience in the environmental field. She has been the Project Manager/ Director/ Reviewer of over 300 high profile projects in Africa and Advisor to a of clients both in Africa and internationally. She previously held the positons of Discipline Leader and Organisational Manager of GIBB (Pty) Ltd s Environmental Services, as well as Director: Support Services. She was the first female Director appointed at GIBB and has served on a of professional environmental committees. She specialises in strategic and operational planning as well as the management of complex Strategic Environmental Assessments (SEAs), Environmental Impact Assessments (EIAs), Environmental Management Programmes (EMPs), licencing applications, coordination and execution of public involvement processes, environmental auditing and the management of large, multi-disciplinary project teams. Mega environmental projects managed by Jaana include those for electricity generation (nuclear, coal, pumped-storage and renewables); electricity transmission and generation; rail, road, ports, water and aviation infrastructure; mining activities; agricultural activities; industrial, manufacturing and residential developments etc. She competently led the mega EIAs for South Africa s strategically important Nuclear-1, Pebble-bed Modular Reactor and Sischen Saldanha Oreline Expansion projects. As one of the most qualified and experienced environmental experts in southern Africa, Jaana has acted as a reviewer of many complex and controversial EIAs and other environmental projects, and been an advisor to a of high-profile clients in Mozambique, Swaziland, Lesotho, Botswana, Nigeria, South Africa and Namibia. Jaana was the Project Director/ Technical Executive for the original Langhoogte and Wolesley WEF Applications for EA. Ms. Ball is currently registered with the Engineering Council in Zambia, Environmental Assessment Practitioners Association of Namibia (EAPAN) and a of professional associations in South Africa (e.g. SAIEES, SAAB, SACNASP). Jaana s Curriculum Vitae can be found in Appendix C. Lithon utilised the same independent technical specialists that undertook the original assessments, namely: Avi-fauna Mr. Chris van Rooyen of Chris van Rooyen Consulting Bats Mr. Werner Marais of Animalia Visual Mr. Alan Cave of Cave Klapwijk and Associates Noise Mr. Barend van der Merwe of dbacousti 7

8 1.4 Purpose of the Report This draft Amendment Report documents the: EA Amendment Application as submitted Changes in legislation since the EA was made and its implications on the Amendment Application Correspondence with the Competent Authority, the DEA Motivation for amendment to the original EA Findings of the individual selected technical specialist assessments as well as the integrated assessment undertaken on the expected impacts arising from the proposed amendments to the original application for EA Recommendations for implementation. This draft Report will be placed in the public domain for comment by I&APs and Organs of State, and thereafter revised (if required) and submitted to the Competent Authority. The Report will be used by the Competent Authority in its decision-making as to whether to approve the proposed amendments. 8

9 2. Legislative Changes Although SEV s original application for the Langhoogte WEF fell under the EIA Regulations 2010 and the applicable Listing Notices (LN GN 554, 545 and 546), the tables below indicate which of the activities in the newly promulgated EIA Regulations 2014 would be relevant to the Amendment Application. This was undertaken to ensure that no new Activities were triggered as well as assist in decision-making by the Competent Authority. The EIA Regulations GN 982 of 2014 and associated listing notices, namely Listing Notice 1 (GN 983 of 2014), Listing Notice 2 (GN 984 of 2014) and Listing Notice 3 (GN 985 of 2014) were reviewed. SEV s original application was for 15 activities listed under GN 554, 545 and 546. Activities triggered in the EIA Regulation 2014 listing notices, GN 983, 984 and 985, are as follows (15 in total): Listing Notice 1 GN 983 of 2014: s: 11, 12, 14, 19, 24, 31, 48 and 56 Listing Notice 2 GN 984 of 2014: s: 1 and 15 Listing Notice 3 GN 985 of 2014: s: 3, 4, 12, 14, 18 and 23. This original Application was authorised via an EA issued on 15 August Table 1 below indicates which activities are triggered in terms of the three new listing notices. Where activities listed in the 2014 notices are comparable with activities listed in the 2010 notices, they have been placed in the same row in the table. Grey blocks indicate where activities have been omitted from the 2010 listing notices or new activities in the 2014 listing notices. Their relevance to the proposed project and its current amendment application is outlined. Table 2 overleaf presents the full description of the activities as they appear in the Listing Notices of the EIA Regulations of 2010 and Table 1: Comparison of 2010 and 2014 EIA Regulation s Listed Activities GN 544 GN The new trigger and what has changed Trigger relevance The wording has slightly changed The proposed project entails the between Government Notice (GN) development of facilities or 544(10) and GN 983(11), with no infrastructure for the transmission and material effect on the meaning. distribution of electricity, namely below ground power lines from the turbines to the substation and an overhead power line from the substation to the off-site Eskom substation Development of canals, channels, weirs, stormwater outlets, or infrastructure, within 32 m of watercourse. This activity remains largely unchanged The proposed development will include the upgrading/ maintenance of existing canals, channels, weirs, stormwater outlets or other infrastructure, within from 11 of the EIA 32 m of watercourse, or the Regulations 2010, however the development of new infrastructure. thresholds have been stated for some 9

10 GN GN The new trigger and what has changed items and in some cases increased, and urban areas and where such development occurs within existing roads or roads reserves are exempt. Infilling (>5 m 3 ) with any material, or removal (>5 m 3 ) of sand, soil, rock etc. from watercourse or within 100 m from High Water Mark. The is unchanged. The development of a road with a reserve wider than 13,5 m, or where no reserve exists where the road is wider than 8 m. The however excludes roads as described in 27 of Listing Notice 2 of the EIA Regulations Decommissioning of infrastructure, for any activities listed in listing notice 1, 2, or is a new addition to the 2014 listing notices. Expansion of canals, channels, bridges, dams, weirs, bulk stormwater outlets, and marinas, by more than 100 m 2, if within 32 m of watercourse. The key difference between 544(39) and 983(48) is that the latter has a threshold of 100 m 2 applied, whereas no threshold was previously applied. Also, these expansions are exempt if undertaken in urban areas or road reserves. There is no difference in the wording and intention of the Activities in 544(47) and 983(56). Trigger relevance This will largely be within existing roads or road reserves. The proposed project may involve the infilling and/ or removal of more than 5 m 3 of material. This would be associated with construction of bridges across watercourses required for the new access roads. The proposed project may include the construction of access roads with reserve reserves wider than 13,5 m, or where no reserve exists where the road is wider than 8 m. These roads would be to the individual turbines. Small sections of the roads would need to be wider than 8m to accommodate the turning of long vehicles. This activity would be relevant when infrastructure developed needs to be removed on decommissioning of the wind farm. The proposed project may entail the expansion of bridges, by more than 100 m 2, and these may be located within 32 m of a watercourse. The proposed project will include the widening of roads by more than 6 m, or the lengthening of a road by more than 1 km, where the existing reserve is wider than 13,5 metres or where no reserve exists, where the existing road is wider than 8 m. The proposed area for development is outside an urban area. 10

11 GN 545 GN The new trigger and what has changed The 2010 EIA Regulations were all encompassing and the 2014 EIA Regulations limited to renewable energy where electricity output is 20 megawatts or more. They also exclude where development of facilities or infrastructure is for photovoltaic installations and occurs within an urban area, which is not relevant to the application or its amendments. There is little difference in the intention of the Activities in 545(15) and 984(15), although the emphasis is now on the clearing of 20 hectares or more of indigenous vegetation, rather than transformation of land per se. The exceptions are also slightly different although neither apply to this proposed project. Trigger relevance The application is for generation of electricity from a renewable resource with an expected output of 20 MW or more. Transformation off undeveloped land may be required for the development of the individual turbine footprints and the on-site substation. This may require the clearance of an area of 20 hectares or more of indigenous vegetation. GN 546 GN The new trigger and what has changed There is no difference in the wording and intention of the Activities in 546(3) and 985(3). The development of a road wider than 4 m with a reserve less than 13,5 m. It applies in a of new receiving environments e.g. Critical Biodiversity Areas and within 100 m from a watercourse. Key changes to this trigger are: The inclusion of Biodiversity Areas Areas outside urban areas and in particular areas seawards of the development setback line or within 1 km from the High Water Trigger relevance The proposed project will include the construction of a communication mast for the on-site substation. The mast may exceed 15 m in height. The proposed area for development is outside the urban area. The proposed project includes the development of a road, that in sections is wider than 4 m with a reserve less than 13,5 m. This would be to accommodate the turning of long vehicles. The proposed area for development is outside an urban area. 11

12 GN GN The new trigger and what has changed Mark, as well as areas on the watercourse side of the development setback line or within 100 m from the edge of a watercourse where no such setback line has been determined GN 546(14) focuses on the clearance of vegetation of 5 ha or more where the vegetation is at least 75% indigenous. GN 985(12) focuses on the clearance of 300 m 2 or more of indigenous vegetation, which is defined. Both included all areas outside urban areas. GN 546(16) focuses on the construction of infrastructure of 10m 2 or more and GN 985(14) on the construction of specific infrastructure, where the area is defined. Both activities specify that the expansion is within 32 m of a watercourse and included all areas outside urban areas. The widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. This applies in certain receiving environments outside urban areas which contain indigenous vegetation, amongst other areas, as well as within urban areas zoned for conservation use or designated for conservation use in Spatial Development Frameworks. Key changes to this trigger is the exclusion of areas zoned for public open space within urban areas. GN 546(24) focuses on the expansion of infrastructure of 10 m 2 or more and GN 985(23) on the construction of specific infrastructure, where the area is defined. Both activities specify that the expansion is within 32 m of a watercourse and included all areas outside urban areas. Trigger relevance Clearance of vegetation is required for the construction of turbines, access roads, cable trenches, construction site camp and other associated infrastructure. The area to be cleared maybe more than 300 m 2 and contain indigenous vegetation. The proposed area for development is outside an urban area. The proposed project will include the construction of infrastructure such as access roads and bridges next to or across watercourses. The proposed project includes the widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. The proposed area for development is outside the urban area. The proposed project includes the expansion of specific infrastructure such as access roads and bridges next to or across watercourses. 12

13 Table 2: Full Text of Relevant 2010 and 2014 Listed Activities GN 544 GN The construction of facilities or The development of facilities or infrastructure for the transmission and infrastructure for the transmission and distribution of electricity distribution of electricity (i) Outside urban areas or (i) Outside urban areas or industrial complexes with a industrial complexes with a 10 capacity of more than 33 but 11 capacity of more than 33 but less than 275 kilovolts; or less than 275 kilovolts; or (ii) Inside urban areas or (ii) Inside urban areas or industrial complexes with a industrial complexes with a capacity of 275 kilovolts or capacity of 275 kilovolts or more; more; The construction of: The development of (i) canals; (i) Canals exceeding 100 square meters (ii) channels; in size. (iii) bridges; (ii) Channels exceeding 100 square (iv) dams; meters in size. (v) weirs; (iii) Bridges exceeding 100 square meters (vi) bulk storm water outlet in size. structures; (iv) Dams where the dam, including dam (vii) marinas; infrastructure and water surface area (viii) jetties exceeding 50 square metres exceeds, 100 square meters in size. in size; (v) Weirs where the weir, including weir (ix) slipways exceeding 50 square infrastructure and water surface area metres in size; exceeds, 100 square meters in size. (x) buildings exceeding 50 square (vi) Bulk stormwater outlets exceeding 11 metres in size; or (xi) infrastructure or structures square meters in size. (vii) Marinas exceeding 100 square covering 50 square metres or meters in size. more (viii) Jetties exceeding 100 square where such construction occurs meters in size. within a watercourse or within 32 (ix) Slipways exceeding 100 square metres of a watercourse, meters in size. measured from the edge of a (x) Buildings exceeding 100 square watercourse, excluding where meters in size. such construction will occur (xi) Boardwalks exceeding 100 square behind the development setback meters in size. line. (xii) Infrastructure exceeding 100 square meters in size. Where such development occurs: a) within a watercourse 13

14 GN 544 GN b) in front of the development setback line c) if no development setback line exists, within 32 metres of a watercourse, measured from the edge of a watercourse. The infilling or depositing of any material The infilling or depositing of any material of more than 5 cubic metres into, or the of more than 5 cubic metres into, or the dredging, excavation, removal or moving of dredging, excavation, removal or moving soil, sand, shells, shell grit, pebbles or rock of soil, sand, shells, shell grit, pebbles or of more than 5 cubic metres from: rock of more than 5 cubic metres from: (i) a watercourse, (i) a watercourse (ii) the sea, (ii) the seashore, (iii) seashore, (iii) the littoral active zone, an estuary (iv) the littoral active zone, an estuary or a distance of 100 metres inland or a distance of 100 metres inland of the high water mark of the sea of the high water mark of the sea or or an estuary, whichever distance 18 an estuary, whichever distance is the greater 19 is the greater but excluding where such infilling, but excluding where such infilling, depositing, dredging, excavation, removal depositing, dredging, excavation, removal or moving or moving (a) is for maintenance purposes (a) will occur behind the development undertaken in accordance with a setback management plan agreed to by the relevant (b) will occur for maintenance purposes authority, or (b) occurs behind the undertaken in accordance with a development setback line. management plan agreed to by the relevant authority, or (c) falls within the ambit of activity 21 in this notice, in which case that activity applies. The construction of a road, outside urban The development of- areas, (i) a road for which an (i) with a reserve wider than 13,5 environmental authorisation metres or, was obtained for the route (ii) where no reserve exists where the determination in terms of road is wider than 8 metres, or activity 5 in the Government 22 (iii) for which an environmental authorisation was obtained for the 24 Notice 387 of 2006 or activity 18 in Government route determination in terms of Notice 545 of 2010; or activity 5 in Government Notice (ii) a road with a reserve wider 387 of 2006 or activity 18 in Notice than 13,5 metres, or where 544 of no reserve exists where the road is wider than 8 metres; but excluding- 14

15 GN 544 GN (a) roads which are identified and included in activity 27 in Listing Notice 2 of 2014; or (b) roads where the entire road falls within an urban area. The decommissioning of existing facilities The decommissioning of existing facilities, or infrastructure, for structures or infrastructure for- (i) electricity generation with a (i) any development and related threshold of more than 10MW; operation activity or activities listed in (ii) electricity transmission and this Notice, Listing Notice 2 of 2014 or distribution with a threshold of Listing Notice 3 of 2014; more than 132kV; (ii) any expansion and related operation (iii) nuclear reactors and storage of activity or activities listed in this Notice, nuclear fuel; Listing Notice 2 of 2014 or Listing Notice (iv) activities, where the facility or the 3 of 2014; land on which it is located is (iii) any development and related contaminated; operation activity or activities and (v) storage, or storage and handling, expansion and related operation activity of dangerous goods of more than or activities listed in this Notice, Listing 80 cubic metres; Notice 2 of 2014 or Listing Notice 3 of but excluding any facilities or infrastructure 2014; that commenced under an environmental (iv) any phased activity or activities for 27 authorisation issued in terms of the Environmental Impact Assessment 31 development and related operation activity or expansion or related operation Regulations, 2006 made under 24(5) of the activities listed in this Notice or Listing Act and published in Government Notice Notice 3 of 2014; or No. R. 385 of 2006, or Notice No (v) any activity regardless the time the activity was commenced with, where such activity: (a) is similarly listed to an activity in (i), (ii), (iii), or (iv) above; and (b) is still in operation or development is still in progress; excluding where- (aa) activity 22 of this notice applies; or (bb) the decommissioning is covered by part 8 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in which case the National Environmental Management: Waste Act, 2008 applies. The expansion of The expansion of-. 39 (i) canals; 48 (i) canals where the canal is expanded by (ii) channels; 100 square metres or more in size ; 15

16 GN 544 GN (iii) bridges; (ii) channels where the channel is (iv) weirs; expanded by 100 square metres or more (v) bulk storm water outlet in size ; structures; (iii) bridges where the bridge is (vi) marinas; expanded by 100 square metres or more within a watercourse or within 32 in size; metres of a watercourse, measured from (iv) dams, where the dam, including the edge of a watercourse, where such infrastructure and water surface area, is expansion will result in an increased expanded by 100 square metres or more development footprint but excluding in size; where such expansion will occur behind (v) weirs, where the weir, including the development setback line. infrastructure and water surface area, is expanded by 100 square metres or more in size; (vi) bulk storm water outlet structures where the bulk storm water outlet structure is expanded by 100 square metres or more in size; or (vii) marinas where the marina is expanded by 100 square metres or more in size; where such expansion or expansion and related operation occurs- (a) within a watercourse; (b) in front of a development setback; or (c) if no development setback exists, within 32 metres of a watercourse, measured from the edge of a watercourse; excluding- (aa) the expansion of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or harbour; (bb) where such expansion activities are related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies; (cc) activities listed in activity 14 in Listing Notice 2 of 2014 or activity 14 in Listing Notice 3 of 2014, in which case that activity applies; 16

17 GN 544 GN (dd) where such expansion occurs within an urban area; or (ee) where such expansion occurs within existing roads or road reserves. The widening of a road by more than 6 The widening of a road by more than 6 metres, or the lengthening of a road by metres, or the lengthening of a road by more than 1 kilometre more than 1 kilometre (i) where the existing reserve is (iii) where the existing reserve is wider than 13,5 metres; or wider than 13,5 metres; or 47 (ii) where no reserve exists, where 56 (iv) where no reserve exists, the existing road is wider than where the existing road is 8 metres wider than 8 metres excluding widening or lengthening excluding widening or lengthening occurring inside urban areas. occurring inside urban areas. GN 545 GN The construction of facilities or infrastructure for the generation of electricity where the electricity output is 20 megawatts or more Physical alteration of undeveloped, vacant or derelict land for residential, retail, commercial, recreational, industrial or institutional use where the total area to be transformed is 20 hectares or more; except where such physical alteration takes 15 place for: (i) linear development activities; or (ii) agriculture or afforestation where activity 16 in this Schedule will apply. The development of facilities or infrastructure for the generation of electricity from a renewable resource where the electricity output is 20 megawatts or more, excluding where such development of facilities or infrastructure is for photovoltaic installations and occurs within an urban area. The clearance of an area of 20 hectares or more of indigenous vegetation, excluding where such clearance of indigenous vegetation is required for- (i) the undertaking of a linear activity; or (ii) maintenance purposes undertaken in accordance with a maintenance management plan. 17

18 GN 546 GN The construction of masts or towers of any 3 The construction of masts or towers of any material or type used for telecommunication broadcasting or radio transmission purposes where the mast: (a) is to be placed on a site not previously used for this purpose, and (b) will exceed 15 metres in height, but excluding attachments to existing buildings and masts on rooftops. In the following geographical areas: (d) In Western Cape ii. All areas outside urban areas. 3 material or type used for telecommunication broadcasting or radio transmission purposes where the mast: (a) is to be placed on a site not previously used for this purpose, and (b) will exceed 15 metres in height, but excluding attachments to existing buildings and masts on rooftops. In the following geographical areas: (f) In Western Cape i. All areas outside urban areas. ii. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purposes, within urban areas. The development of a road wider than 4 metres with a reserve less than 13,5 metres (h) In Western Cape: i. Critical biodiversity areas as identified in The construction of a road wider than 4 metres with a reserve less than 13,5 metres systematic biodiversity plans adopted by the competent authority or 4 - Geographical areas in the Western Cape province to which this activity is applicable includes: (d) i. In an estuary ii. all areas outside urban areas; 4 in bioregional plans; ii. Outside urban areas, in: (aa) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of In urban areas (aa) Areas zoned for use as public open space within urban areas; and (bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for conservation purpose; the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or (cc) Areas on the estuary side of the development setback line or within an estuarine functional zone where no such setback line has been determined. 18

19 GN 546 GN The clearance of an area of 5 hectares or The clearance of an area of 300 square metres more of vegetation where 75% or more of or more of indigenous vegetation except where the vegetative cover constitutes indigenous such clearance of indigenous vegetation is vegetation, except where such removal of required for maintenance purposes undertaken vegetation is required for: in accordance with a maintenance management (1) purposes of agriculture or plan. afforestation inside areas identified in spatial instruments g) In Western Cape: adopted by the competent i. Areas on the estuary side of the development authority for agriculture or setback afforestation purposes; line or in an estuarine functional zone where no (2) the understanding of a process or such 14 activity included in the list of waste management activities published 12 setback line has been determined; ii. Seawards of the development setback line or in terms of section 19 of the within 200 metres of the high water mark of the National Environmental sea if no such Management Waste Act, 2008 (Act development setback line is determined; or No. 59 of 2008) in which case the iii. Areas of indigenous vegetation outside activity is regarded to be excluded urban areas. from this list; (3) the undertaking of a linear activity falling below the thresholds in Notice 544 of In the following geographical areas: (a) In Western Cape: i. All areas outside urban areas The development of- (i) canals exceeding 10 square metres in size; The construction of: (ii) channels exceeding 10 square metres in (iv) Infrastructure covering 10 size; square metres or more where (iii) bridges exceeding 10 square metres in size; such construction occurs (iv) dams, where the dam, including within a watercourse or within infrastructure and 32 metres of a watercourse, water surface area exceeds 10 square metres in 16 measured from the edge of a watercourse, excluding where 14 size; (v) weirs, where the weir, including such construction will occur infrastructure and behind the development water surface area exceeds 10 square metres in setback line. size; In the following geographical areas: (vi) bulk storm water outlet structures (d) In the Western Cape: exceeding 10 square metres in size; ii. Outside urban areas (vii) marinas exceeding 10 square metres in size; (viii) jetties exceeding 10 square metres in size; 19

20 GN 546 GN (ix) slipways exceeding 10 square metres in size; (x) buildings exceeding 10 square metres in size; (xi) boardwalks exceeding 10 square metres in size; or (xii) infrastructure or structures with a physical footprint of 10 square metres or more where such development occurs- (a) within a watercourse; or within 1 kilometre from the high-water mark of (b) in front of a development the sea if no such development setback line is setback; or determined; or (c) if no development setback has been adopted, within 32 metres of a watercourse, measured from the edge of the watercourse; excluding the development of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or harbour. The widening of a road by more than 4 The widening of a road by more than 4 metres, metres, or the lengthening of a road by more or the lengthening of a road by more than 1 than 1 kilometre. kilometre. - Geographical areas in the Western Cape (f) In Western Cape: province to which this activity is applicable All areas outside urban areas: includes: (aa) Areas containing indigenous vegetation; (d) i. In an estuary (bb) Areas on the estuary side of the 19 ii. All areas outside urban areas; 18 development setback line or in an estuarine i. Inside urban areas functional zone where no such setback line has (aa) Areas zoned for public open space been determined; within urban areas; and or ii. In urban areas: (bb) Areas designated for conservation use (aa) Areas zoned for conservation use; or in Spatial Development Frameworks (bb) Areas designated for conservation use in adapted by the competent authority, or Spatial Development Frameworks adopted by zoned for conservation purpose, within the competent authority. urban areas. 20

21 The expansion of- (i) canals where the canal is expanded by 10 square metres or more in size; (ii) channels where the channel is expanded by 10 square metres or more in size; (iii) bridges where the bridge is expanded by 10 square metres or more in size; (iv) dams where the dam is expanded by 10 square metres or more in size; (v) weirs where the weir is expanded by 10 square metres or more in size; (vi) bulk storm water outlet structures where the structure is expanded by 10 square metres or more in size; The expansion of: (vii) marinas where the marina is expanded by (d) Infrastructure where the 10 square metres or more in size; infrastructure will be (viii) jetties where the jetty is expanded by 10 expanded by 10 square metres square metres or more in size; or more (ix) slipways where the slipway is expanded by where such construction occurs within 10 square metres or more in size; 24 a watercourse or within 32 metres of a watercourse, measured from the edge 23 (x) buildings where the building is expanded by 10 square metres or more in size; of a watercourse, excluding where such (xi) boardwalks where the boardwalk is construction will occur behind the expanded by 10 square metres or more in size; development setback line. or In the following geographical areas: (xii) infrastructure or structures with a physical (d) In Western Cape: footprint is expanded by 10 square metres or ii. Outside urban areas more; where such development occurs- (a) within a watercourse; or within 1 kilometre from the high-water mark of (b) in front of a development setback adopted in the prescribed manner; or (c) if no development setback has been adopted, within 32 metres of a watercourse, measured from the edge of a watercourse; excluding the expansion of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or harbour. 21

22 It is concluded that for the Amendment Application for the proposed Langhoogte WEF that all activities triggered under the EIA Regulations 2014 and its Listing Notices have been fully assessed in the EIA process previously undertaken, and as documented in the final EIR, and as previously authorised under the NEMA and the EIA Regulations 2010 and its Listing Notices. 22

23 3. Findings of the Assessment and Motivation for Amendment The proposed WEF, and its associated infrastructure, was authorised by the DEA on 15 August The proposed project as described in the EA is requested to be amended as described in Section 1.1 above. The amendment relates to a change in turbine specifications (generating capacity, height and rotor diameter) and an administrative correction of the farm names and portions, as well as the elimination of the maximum MW produced per turbine in the EA. The of turbines to be installed and the layout will be the same as that assessed in the original EIA and as authorised. The potential impacts associated with the change in turbine specifications are discussed in below, and compared to the extent of each impact as identified through the original EIA process. The site is located between Botrivier and Caledon in the Theewaterskloof Municipality of the Western Cape. The project is proposed on the following farms: Corrected Farm Property as described in the Amended Environmental Authorisation Farm Number Farm Name Owner 259/11 Rietfontein Langhoogte Trust 350/RE Keissies Kraal Klipfontein Trust 350/2/RE Keissies Kraal Klipfontein Trust 351/RE - Langhoogte Trust 354/RE Windheuwel Langhoogte Trust 355 Bruinklip Langhoogte Trust 356 The Hill Langhoogte Trust 357/11 Langhoogte Langhoogte Trust 357/2/RE Langhoogte Langhoogte Trust 362/RE Langhoogte Langhoogte Trust 362/1 Langhoogte Langhoogte Trust 362/2/RE Langhoogte Langhoogte Trust 426/6/RE Huveltjies Kraal Langhoogte Trust 426/12/RE Huveltjies Kraal Langhoogte Trust 749 Keissies Kraal Klipfontein Trust 791/RE Rooiheuwel Noord Francois Paulus Theron After due consideration of the proposed development, associated impacts identified and assessed by the technical specialists during the EIA process, and the inputs from the local community, the EAP concluded, during the original EIA process, that the positive impact of producing renewable energy for South Africans outweighs any of the potential negative impacts. The EAP, however, recommended that negative impacts should, however be mitigated as far as possible by adhering to the mitigation measures and management actions contained within the draft Environmental Management Plan (EMP) submitted and approved. 23

24 The following environmental sensitivities and potential impacts were identified during the original EIA process for the operational phase of the proposed WEF and its associated infrastructure with mitigation measures applied: Visual impacts Medium negative Impacts on avifauna Medium negative Impacts on bats Medium negative Noise impacts Low negative It was concluded in the final EIR that the potential positive and negative impacts identified for the construction phase cancelled each other out. Understanding the nature and extent of the proposed amendment to the turbine specifications, and the fact that there will be no change in layout assessed within the original EIA process, the potential for the change in the significance of the impact as assessed in the original EIA for the following is required and has been assessed and evaluated for: Impacts to the avifauna Impacts to bats Visual impacts Noise impacts The potential for change in the significance of impacts is discussed below, and detailed in the specialist reports/ letters attached in Appendices D G: Avifauna impacts (Appendix D): The proposed changes to the turbine dimensions do not materially change the findings and recommendations of the Bird Impact Assessment Study which was completed in February 2013 (for the original EIA process), or the final avifaunal pre-construction monitoring report which was subsequently completed in August The mitigation measures proposed within the original Avifauna Impact Assessment therefore still apply with no additional mitigation measures/ management actions suggested. Bat impacts (Appendix E): Turbines ed 16, 24 and 39 are located directly on or near the border of high bat sensitivity buffers. Should there be an increase in the eventual turbine size selected, it will result in an encroachment on these high sensitivity buffers. Therefore it is recommended, in the case where a larger turbine is selected, that the current turbine layout be amended and the above mentioned turbines foundation localities be moved at least 30 m further away from the high sensitivity buffer zones. If this is not possible these turbines would have to be subjected to a special, more stringent, mitigation regime, which may require increased wind cut in speeds. In general across the entire WEF the proposed increase in rotor diameter is expected to result in a slight increased probability for impact (negative) on bats by the wind turbines. This increased risk must be accounted for during the design of the operational bat monitoring study. If the results of the operational bat monitoring study indicate a need for mitigation, mitigations will have to be applied promptly. Additionally, the mitigation schedule that may be proposed from the operational phase monitoring results, must consider the increased rotor diameter and thereby may need to be subject to slight adjustments of parameters. Once the first year of operational monitoring has been completed, the mitigation may be adjusted further, depending on the data collected. Visual impacts (Appendix F): The proposed changes to the turbine dimensions do not significantly change the findings and recommendations of the original Visual Impact Assessment Study which was 24

25 completed in December 2012 (for the original EIA process), or the mitigation measures contained therein. Noise impacts (Appendix G): A disturbing noise will not be created at the different homesteads, with a recommended day/night noise criteria of 45.0 DecibelAcoustic (dba), when the height of the wind turbine and the length of the blades increase to 120 m and 72 m respectively. The mitigation measures proposed within the original Noise Impact Assessment (undertaken for the original EIA process) therefore still apply with no additional mitigation measures/ management actions suggested. From the above it can be seen that no new potential environmental impacts (negative or positive) of the proposed changes in turbine specifications have been identified by the technical specialists, except for the bat specialist, as detailed above. The proposed administrative changes to the EA are merely administrative and will not change the potential environmental impacts as previously assessed in the EIA process undertaken. Thus all the potential impacts of constructing, operating and decommissioning the proposed Langhoogte WEF and its associated infrastructure, with turbines of the new specifications, have been identified and assessed and are as documented in the final EIR dated February 2013, as well as this Report and its Appendices. No further mitigation measures or management actions have been proposed to avoid or ameliorate any potential negative impacts, and as such it is recommended that the draft EMP as authorised by the DEA remains unchanged, and has such has not been revised and appended to this Report. 25

26 4. Public Participation and Authority Consultation Process As required by the Competent Authority, a Public Participation Process (PPP), as well as an Authority Consultation Process is being undertaken in accordance to Regulation 54 of the EIA Regulations 2010 (see Appendix B). The PPP aims to inform all Interested and Affected Parties (I&APs), who were registered in the original PPP, of the proposed amendments to the EA. I&APs will also be enlightened as to whether any activities (similarly/ newly listed) listed in GN No. 983, R 984 and 985 of 4 December 2014, are applicable to the Amendment Application. The potential impacts of any new listed activities that may be triggered in terms of the EIA Regulations 2014 will also be highlighted. I&APs have been informed in writing of the proposed amendments, and the potential changes to the significance of predicted impacts and proposed mitigation measures as was documented and communicated in the original EIA process, and have been given a 30-day period to provide comment thereon. This Comment Period runs from 14 May to 12 June Site Notices and adverts have been placed in the local publication, the Theewaterskloof Gazette. Written notification of the availability of the Report and the opportunities for comment have been sent to all I&APs registered during the previous EIA process. This Report has been made available for review from the start of the Comment Period at: SAGIT website: Lithon Office: Ground Floor, Liesbeeck House, River Park, Mowbray (08h00 to 17h00 M-Fri) SAGIT Office: Second Floor, Oakdale House, The Oval, Claremont (08h00 to 17h00 M-Fri) Caledon Public Library, 26 Church Street, Caledon (08h00 to 17h00 M-Th and 08h00 to 16h30 Fri) Botrivier Public Library, Hibiscuss Street, Botrivier (09h00 to 17h00 M-Fri) All comments received from I&APs, as well as those received from Organs of State/ Government Departments, will be included and responded to in a Comments and Response Report (CRR). This CRR will be appended to the final version of this Amendment Application Report. 26