Environmental Impact Assessment for the Proposed Upgrade of the Sani Pass Road (P318): Phase 2

Transcription

1 Environmental Impact Assessment for the Proposed Upgrade of the Sani Pass Road (P318): Phase 2 Draft Scoping Report Project No.: J27344 DEAT Ref. No.: 12/12/20/1184 December 2008

2 PURPOSE OF THIS REPORT The Department of Transport (DOT) proposes to continue with the upgrading of the existing Sani Pass Road (P318), which transects the ukhahlamba Drakensberg Park World Heritage Site (UDP WHS) near Himeville, KwaZulu-Natal (KZN). This is the second phase of a twophase project. Phase 1 has been granted environmental authorisation and construction has commenced. The second phase, for which this EIA is being conducted, extends from km 14 at the old Good Hope Trading Post, which is also the eastern boundary of the UDP WHS, to km 33, the summit of the Sani Pass at the Lesotho Border post, a total distance of 19kms. In order to undertake the proposed upgrade, DOT is required to conduct an Environmental Impact Assessment (EIA) process and compile an EMP in terms of the National Environmental Management Act (NEMA), 1998 (Act 107 of 1998). Arcus GIBB (Pty), an independent company has been appointed to conduct the EIA for the Upgrading of the Sani Pass Road. This environmental authorisation process commences with an Environmental Scoping Phase (hereafter referred to as the Scoping Phase ). Following submission of a Scoping Report and associated Plan of Study for the Impact Assessment Phase, to and approval by the DEAT, the Impact Assessment Phase will be initiated. A prescribed Public Participation Process runs concurrently with the Scoping and Impact Assessment Phases. The objectives of the Scoping Phase are to: Investigate and gather information on the proposed site to establish an understanding of the area Establish how the proposed development activities will potentially impact on the environment Identify Interested and Affected parties (I&APs) and relevant authorities by conducting a public participation process Identify potential environmental impacts and issues through investigation and those raised through public participation Describe proposed and potential alternatives Define the scope of the Impact Assessment Phase. This Draft Environmental Scoping Report will be distributed to I&APs and placed at numerous public places for public review and comment from 03 December 2008 for a period of 52 days (comment period ending 23 January 2009). Registered I&APs will be informed of the availability of the DSR for review. Any comments received on the Report will be recorded in the comments register and will be appended to, and addressed in the Final Scoping Report (FSR). The FSR will then be submitted to the DEAT for authorisation. I&APs will be informed of the submission with electronic copies distributed to those who wish to review the FSR. This Draft Environmental Scoping Report consists of: An overview of background description of the proposed project Identified alternatives to the proposed project A description of the existing environment of the project area An overview of the EIA process, including public participation followed to date The potential environmental issues and impacts which have been identified to date A Plan of Study (POS) detailing the tasks and specialist studies that will be undertaken during the Impact Assessment Phase J27344-Sani Pass Draft Scoping Report.doc ii Rev 0 / Dec 2008

3 YOUR COMMENT ON THE DRAFT SCOPING REPORT This Draft Scoping Report is available for public comment from Wednesday 03 December 2008 until 23 January The DSR is available in both hard and soft copy. Hard copies of the DSR are available at the following places: Underberg Library Kwa Sani Municipal Offices Southern Drakensberg Tourist and Accommodation Centre Arcus GIBB office (Durban) NOTE: Hard copies are not to be removed from the venues. Soft copies of the report are available on a CD. Please contact the undersigned to request your copy. Alternatively, the Report can be downloaded from the Arcus GIBB website: You may comment on this Draft Scoping Report by: Submitting a written letter or (with any additional supporting material) Attending the Public Meeting (see below) Public Meeting and Open Day An open day and public meeting will be held, for those who wish to attend, on 06 December 2008 at the Underberg Primary School Hostel. The open day will start at 10h00 and the public meeting at 14h00 during which time you will have the opportunity to interact with project team and discuss any issues and concerns you may have on the project. The due date for comments on this Draft Scoping Report is 23 January Written and electronic comments can be addressed to: Sanusha Govender Arcus GIBB (Pty) Ltd P.O. Box 1365 Westville, 3630 Tel: (031) Fax: (031) sgovender@gibb.co.za J27344-Sani Pass Draft Scoping Report.doc iii Rev 0 / Dec 2008

4 EXECUTIVE SUMMARY The Department of Transport (DOT) proposes to continue with the upgrading of the existing Sani Pass Road (P318), which transects the ukhahlamba Drakensberg Park World Heritage Site (UDP WHS) near Himeville, KwaZulu-Natal (KZN). This project originally consisted of three phases, of which Phase 1 has been granted environmental authorisation and construction has commenced. Phases 2 and 3 have been combined into one phase, now referred to as Phase 2. Phase 2 extends from km 14 at the old Good Hope Trading Post, which is also the eastern boundary of the UDP WHS, to km 33, the summit of the Sani Pass at the Lesotho Border post, a total distance of 19kms. The motivation for the upgrading of the Sani Pass Road includes the following considerations: The existing road drainage system is unable to cope with the high intensity runoff of water on steep gradients, which results in excessive scour and gravel loss. Gravel roads constructed in steep gradients are generally more difficult to maintain which leads to frequent closures of the road due to significant erosion and environmental damage. Gravel is a non-renewable resource and good quality gravels are particularly difficult to source in the Drakensberg areas of KwaZulu-Natal. The excessive loss of gravel from the Sani Pass is therefore of serious concern, particularly as the opening of new borrow pits has a high visual impact and is not permitted in the World Heritage Site. The haul distance for gravels from outside borrow pits makes it difficult to maintain the Pass. Furthermore a co-operation agreement was signed in 2005 between Lesotho and South Africa to improve access between the two countries via Sani Pass. This is part of an initiative to improve accessibility between SADC countries. The intention is for South Africa to surface the P318 from Himeville to the Lesotho border and Lesotho to surface the section from the SA border to Mokhotlong approximately 60kms away. The ultimate goal is to have a hard-surfaced road all the way to Maseru. The Sani Pass Road currently provides access to, and passes through, the UDP, which is a proclaimed World Heritage Site. Sustainable access to the Park needs to be developed and carefully managed and Main Road P318 forms an integral part of this initiative. Furthermore, a co-operation agreement was signed in 2005 between Lesotho and South Africa to improve access between the two countries via the Sani Pass. This project is thus part of an initiative to improve accessibility between SADC countries. Aside from being an access road into Lesotho, the Sani Pass Road is used by local residents, landowners, tour operators and tourists to access private properties located along the first section of the road, the UDP and the top of the Pass itself. The Sani Pass also represents an important international trade, service and tourism link between Lesotho and KwaZulu-Natal with many of the Basuto people from the Mokhotlong district travel into South Africa to make use of the facilities in Underberg and Himeville. It is predicted that the provision of an all-weather road through the Sani Pass will have a number of anticipated economic benefits, namely: It will provide access to the UDP from both sides of the escarpment and incorporate the border and park access controls The distance between the eastern Free State, Maseru through to Durban will be reduced by up to 150 km The Eastern Lesotho Highlands will be opened up to tourism development J27344-Sani Pass Draft Scoping Report.doc iv Rev 0 / Dec 2008

5 Business and trade links between the Mokhotlong area and the businesses in Underberg and Pietermaritzburg will be strengthened and extended Transportation and accessibility to Lesotho for locals from both sides will improve A new scenic tourism route will be opened up between the eastern Free State and KwaZulu-Natal via Lesotho. Environmental Authorisation In terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), the upgrading of the Sani pass Road is listed as an activity that may be detrimental to the environment and thus, requires authorisation from the Department of Environmental Affairs and Tourism (DEAT) before it can proceed. The DOT has appointed Arcus GIBB as the Environmental Assessment Practitioner (EAPs) to undertake the Environmental Impact Assessment (EIA) for the project. This report represents the Draft Environmental Scoping Report (DSR) for the proposed project and has been prepared in accordance with the EIA Regulations published in Government Notice No. R385 of These Regulations were published by the national Department of Environmental Affairs and Tourism under Section 24(5) read with Section 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) to control activities which may have a detrimental effect on the environment. Public Participation Process The public participation for this project has been undertaken in accordance with Regulation 56 of the EIA Regulations (GNR 385) and associated guidelines. As part of the prescribed process, the following tasks were undertaken: Identification and registration of stakeholders and interested and affected parties (I&APs) on a database. Existing databases from Phase 1 and the Border Post Relocation Project were integrated into the project database Notification of Key Stakeholders through letters, and telephonic discussions Media notices detailing the project and the EIA process that is currently in progress, as well as an invitation for the registration and participation of I&APs, was placed in the Sunday Times, the Mercury and the Mountain Echo newspapers Notice boards detailing information about the project and the Scoping and EIA Process, as well as invitation to register as I&APs, were strategically fixed at various conspicuous points along the Sani Pass route, as well as in public places in Himeville and Underberg A Background Information Document (BID) was compiled in English, Sotho and Zulu and distributed to all registered I&APs in South Africa and Lesotho and to various venues in the Underberg and Himeville. The BID which contains information on the proposed project, the proponent, consultants and the proposed Scoping and EIA process and associated PPP to be followed. Twelve (12) Key Stakeholder meetings were held with different public sectors, organisations and individuals. The purpose of these meetings was to offer key stakeholders an opportunity to raise issues, concerns with regard to the proposed development. An Open Day and Public Information Sharing Meeting have been scheduled for Saturday 06 December at the Underberg Primary School Hostel. The purpose of the open day is to provide an informal opportunity for I&APs to interact one-on-one with members of the project team and discuss their issues and concerns. All I&AP and Stakeholder comments and issues recorded during the various meetings and all written comments received have been documented in the Issues and Concerns Report which is included in the Draft Scoping Report. J27344-Sani Pass Draft Scoping Report.doc v Rev 0 / Dec 2008

6 The Draft Scoping Report has been released for public review for a period of 52 days from 03 December 2008 to 23 January 2009 (inclusive). Project Description The proposed Phase 2 upgrade entails a complete re-grading and resurfacing of the Sani Pass from a gravel to a hardened surface, all-weather road. The upgrade will include road widening, re-alignment of sections, new bridges, stormwater control and attenuation systems, bank and slope stabilisation and road servitude rehabilitation. Alternatives The project engineers have identified that the degradation of the Sani Pass Road is caused by a number of factors. The main contributor is the poor stormwater drainage system which is unable to cope with the excessive water flows and the run-off which are eroding the surface of the road and the slopes of the Pass. In order to rectify these problems and prevent further degradation, the project team has considered a number of road upgrade alternatives which range from making minor improvements to the drainage to reconstructing the entire road structure. Each alternative considers a variety of aspects, such as the impact on the environment, tourism, community, road safety and political links. The Alternatives are described in order of increasing scale of upgrade from no modification (Alternative 1) to complete upgrade (Alternative 6). In the subsequent sections the Alternatives are grouped and compared by aspect. Of the options, Alternative 5 is considered by the project team to be the preferred option as it most effectively meets the design specifications and objectives of the proposed project. Of the road surfaces, preliminary studies indicate that a Granular Base and Continuously Reinforced Concrete Pavement (CRCP) may be the preferred pavement types for the lower and upper sections of the route respectively, but investigations are still on-going this stage. Potential Environmental Impact and Issues The environmental impacts and issues identified during Scoping to date have been summarised into the following categories: Biophysical - Soil erosion and sedimentation - Potential water and soil pollution - Alteration of hydrological functioning and change on habitat Ecological Impacts - Destruction of Rare Species Habitats - Sedimentation of local water sources and rivers - Disturbance of avi-faunal species - Disturbance of faunal species Socio-Economic - Change to sense of place and experience - Sani Pass tourism - Changes for commercial and private road users - Local economic development and job creation - Changes in human movement and trade patterns - Safety and security of local residents - Disruption to road users J27344-Sani Pass Draft Scoping Report.doc vi Rev 0 / Dec 2008

7 Economic - Impact on employment, tourism and trade Visual/Aesthetic - Construction camps and associated activities - Construction of the road - Road design - Improper rehabilitation Cultural Heritage - Impact on geological and fossil material - The loss of a historical 4x4 road - Impact on cultural heritage resources Road Structure and Construction - Road Surface - Road Maintenance - Construction Safety Impacts - Safety of workers - Safety of travellers Technical Design Issues - Engineering constraints Cumulative Impacts Way Forward The DSR will be made available in hard copy at the public places listed below from 03 December 2008 until 23 January 2009 (52 days) for public review. Registered I&APs will be informed of the availability of the DSR for review. Electronic versions of the report are also available on CD for those who wish to receive a copy or it can be downloaded from the Arcus GIBB website. Underberg Library Kwa Sani Municipal Offices Southern Drakensberg Tourist and Accommodation Centre Arcus GIBB office (Durban) Arcus GIBB website ( Any comments received on the Draft Scoping Report or any new comments or issues raised during, or as a result of the Public Information Sharing Meeting, will be recorded in the ICR which will be revised and incorporated into the Final Scoping Report (FSR). Following a period of revision after expiration of the comment period, the FSR will be submitted to the DEAT for review and authorisation. On receiving approval from the DEAT, the Impact Assessment Phase of the EIA will be initiated. J27344-Sani Pass Draft Scoping Report.doc vii Rev 0 / Dec 2008

8 Environmental Impact Assessment for the Proposed Upgrade of the Sani Pass Road (P318): Phase 2 Draft Scoping Report CONTENTS Chapter Description Page 1 OVERVIEW AND BACKGROUND Background Upgrading of the Sani Pass Road Relocation of the Border Post Environmental Authorisation Responsible Parties Arcus GIBB EIA Team Specialists Relevant Environmental Legislation The Constitution of South Africa The National Environmental Management Act The Environment Conservation Act Legislation for the Conservation of Natural Resources Legislation for Cultural Resources Local and Regional Integrated Development Plans 10 2 DESCRIPTION OF THE PROPOSED DEVELOPMENT Proposed Development Motivation for the Project Department of Transport Motivation Road Design and Construction Specifications Department of Transport Terms of Reference Horizontal and Vertical Alignment Geo-Environmental Aspects of the Design/Construction Material Sources Structures Drainage Pavement Construction 18 3 ALTERNATIVES Description of Alternatives Alternative Impacts on Department of Transport Alternative Impacts on the Environment 22 J27344-Sani Pass Draft Scoping Report.doc viii Rev 0 / Dec 2008

9 3.4 Alternative Impacts on Tourism Alternative Impacts on the Local Communities Alternative Impacts on Road Safety Alternative Impacts on the KZN Lesotho Links Road Surface Alternatives 31 4 DESCRIPTION OF THE PROJECT ENVIRONMENT General Description of the Region Biophysical Environment Topography Climate Geology and Soils Geomorphology Hydrology and Drainage Botanical General Invasive Alien Plants Fauna General Avi-Faunal Aquatic Environment Aquatic Herpetofauna Amphibians Icthyofauna Fish Socio-economic Environment Social Context Economic Context Tourism Aesthetics Topography Vegetation Cover Landscape Diversity Landscape Character Visibility Cultural Heritage Environment History Archaeology 48 5 SCOPING PHASE APPROACH AND METHODOLOGY EIA Process Scoping Phase Objectives 52 J27344-Sani Pass Draft Scoping Report.doc ix Rev 0 / Dec 2008

10 5.2.2 Scoping Report Requirements Pre-application Consultation EIA Application Specialist Investigations Public Participation Process Identification and Involvement of Stakeholders and I&APs Register of I&APs Notification of Key Stakeholders Registered I&APs from the Sani Pass Phase 1 Project Landowner Notification Media Notices Notice Boards Background Information Document Stakeholder Meetings Open Day and Public Information Sharing Meeting Interested and Affected Parties and Stakeholder Comments Compilation of the Draft Scoping Report and Public Review Compilation of the Final Scoping Report Comments Register WESSA Tourism Survey 59 6 POTENTIAL ENVIRONMENTAL IMPACTS AND ISSUES Introduction Project Need and Desirability Biophysical Soil Erosion and Sedimentation Potential Water and Soil Pollution Alteration of Hydrological Functioning and Change in Habitat Ecological Impacts Destruction of Rare Species Habitats Sedimentation of the Mkomazana River Disturbance of Avi-faunal Species Disturbance of Faunal Species Socio-Economic Change to Sense of Place Sani Pass Tourism Changes for Commercial and Private Road Users Local Economic Development and Job Creation Changes in Human Movement and Trade Patterns Safety and Security Risk Impacts on Road Safety and Travelling Conditions Sporting Events Safety and Security of Local Residents Disruption to Road Users 67 J27344-Sani Pass Draft Scoping Report.doc x Rev 0 / Dec 2008

11 6.6 Economic Economic Benefits Economic Disbenefits Employment Economic Impacts on Tourism Visual / Aesthetic Construction Camps and Associated Activities Construction of the Road Slopes and Vegetation Rehabilitation Cultural Heritage Impact on Geological and Fossil Material The Loss of a Historical 4x4 Road Cultural Heritage Resources Road Structure and Construction Road Surface Road Maintenance Construction Safety Impacts Technical Design Issues Cumulative Impacts 74 7 PLAN OF STUDY FOR THE ENVIRONMENTAL IMPACT ASSESSMENT Impact Assessment Phase Tasks Competent Authority Consultation Environmental Impacts and Issues Terms of Reference for Specialist Studies Riverine and Aquatic Impact Assessment Social Impact Assessment Economic Impact Assessment Visual Impact Assessment Heritage Impact Assessment Methodology for Impact Significance Scoring Environmental Management Plan Public Involvement Announcement of the Availability of the Draft EIR and Draft EMP Public Review of Draft EIR and Draft EMP Announcement the Availability of the Final EIR and Draft EMP Announcement of Authorities Decision 82 8 CONCLUSION AND WAY FORWARD 83 J27344-Sani Pass Draft Scoping Report.doc xi Rev 0 / Dec 2008

12 8.1 Conclusion Way Forward 83 9 REFERENCES 84 REVIEW STATEMENT 2 TABLES Table 1: Identified Listed Activities 3 Table 2: Responsible Parties in EIA 4 Table 3: Arcus GIBB EIA Team Members 5 Table 4: Specialists Involved in the Scoping Phase 6 Table 5: Engineering Specialists involved in the Scoping Phase 6 Table 6: Road Upgrade Alternatives 1 and 2 28 Table 7: Road Upgrade Alternatives 3 and 4 29 Table 8: Road Upgrade Alternatives 5 and 6 30 Table 9: Resident Employment by Sector, Sani Pass Impact Area, KZN, Table 10: Media Notice Newspaper Details 56 Table 11: Notice Board Details 56 Table 12: List of Background Information Document Distribution Points 57 Table 13: Chronological List of Meetings 58 Table 14: Summary Table of Potential Impacts and Issues 61 FIGURES Figure 1: 1: Map Figure 2: Road Cross-Section Sketch of the Proposed Road Design Figure 3: River Structure line Drawing Figure 4: Botanical Species Map Figure 5: EIA Process Flow Layout 1 sht 1-2 Design Plan for km 14 km 16 Layout 2 sht 3-4 Design Plan for km 16 km 18.6 Layout 3 sht 5-6 Design Plan for km 18.6 km 20.7 Layout 4 sht 7-8 Design Plan for km 20.7 km 23 Layout 5 sht 9-10 Design Plan for km 22.8 km 25.1 Layout 6 sht Design Plan for km 25.1 km 27.3 Layout 7 sht Design Plan for km 27.3 km 30.2 Layout 8 sht Design Plan for km 30.2 km 31.1 PLATES Plates 1-8: Scenic Photographs Plates 9-16: Public Participation Notices Plates 17-27: Environmental Impacts Related to and/or Resulting from the Sani Pass Road APPENDICES Appendix A: Curriculum Vitae for Arcus GIBB Appendix B: List of Botanical Species Appendix C: Curriculum Vitae for Specialists Appendix D: Declaration of Independence Appendix E: Interested and Affected Parties Database Appendix F: Media Notices Appendix G: Background Information Document Appendix H: Meeting Minutes Appendix I: Issues and Concerns Report Appendix J: Authority Comments Appendix K: I&AP Comments Received J27344-Sani Pass Draft Scoping Report.doc xii Rev 0 / Dec 2008

13 ACRONYMS & ABBREVIATIONS ACER: ACER (Africa) Environmental Management Consultants AMAFA: AMAFA akwazulu-natali a.s.l: above sea level BCOCC: Border Control Operational Co-ordinating Committee BID: Background Information Document DAEA: KZN Department of Agriculture and Environmental Affairs DEAT: Department of Environmental Affairs and Tourism DEIR: Draft Environmental Impact Report DM: District Municipality DMA: Demarcated Management Area DME: Department of Minerals and Energy DOT: National Department of Transport DSR: Draft Scoping Report DWAF: Department of Water Affairs and Forestry ECO: Environmental Control Officer EA: Environmental Authorisation EIA: Environmental Impact Assessment EKZNW: Ezemvelo KZN Wildlife EMP: Environmental Management Plan FEIR: Final Environmental Impact Report FSR: Final Scoping Report HIA: Heritage Impact Assessment I&AP: Interested and Affected Party IDP: Integrated Development Plan IMP: Integrated Management Plan IRP: Issues and Response Report KZN: KwaZulu-Natal LM: Local Municipality MDG: Millennium Development Goals MDTP: Maloti Drakensberg Transfrontier Project NEMA National Environmental Management Act, 1998 (Act No 107 of 1998) NEPAD: New Partnership for Africa s Development PLC: Project Liaison Committee PPP: Public Participation Programme PGDS: Provincial Growth and Development Strategy PSEDS: Provincial Spatial Economic Development Strategy RISP: Regional Indicative Strategic Development Plan ROD: Record of Decision SADC: Southern African Development Community SCAP: Special Case Area Plan TFCA: Transfrontier Conservation Areas UDP WHS: ukhahlamba Drakensberg Park World Heritage Site J27344-Sani Pass Draft Scoping Report.doc xiii Rev 0 / Dec 2008

14 1 OVERVIEW AND BACKGROUND The Department of Transport (DOT) proposes to continue with the upgrading of the existing Sani Pass Road (P318), which transects the ukhahlamba Drakensberg Park World Heritage Site (UDP WHS) near Himeville, KwaZulu-Natal (KZN). This project originally consisted of three phases, of which Phase 1 has been granted environmental authorisation and construction has commenced. Phases 2 and 3 have been combined into one phase, now referred to as Phase 2. Phase 2 extends from km 14 at the old Good Hope Trading Post, which is also the boundary of the WHS, to km 33, the summit of the Sani Pass at the Lesotho Border post, a total distance of 19 kilometres. The study area is approximately 23 kms north of the town of Underberg, KwaZulu- Natal and falls within the jurisdiction of Kwa Sani Local Municipality and Sisonke District Municipality (See Figure 1). The DOT, as the project proponent, has appointed Arcus GIBB (Pty) Ltd (Arcus GIBB) as the Independent Environmental Assessment Practitioner (EAP) to undertake the Environmental Impact Assessment (EIA) for the proposed upgrading of the Sani Pass Road (P318): Phase 2 (hereafter referred to as the proposed project or Road ). This report constitutes the Scoping Phase of the EIA, which places the project in context, describes the proposed project and alternatives, and identifies the potential impacts related to the proposed project through public involvement and technical investigations. The following chapter provides a background to the proposed project and associated EIA process, outlines the purpose and structure of the Scoping Report, and details of the EIA application and the project team. 1.1 Background Upgrading of the Sani Pass Road Initially, the proposed upgrading of the Sani Pass Road was to occur in three phases: Phase 1 km 0 (junction with the Main Road 126 from Himeville) to km 14 (Good Hope Trading Post) Phase 2 km 14 (Good Hope Trading Post) to km 25 (current SA border post) Phase 3 km 25 to km 33 (summit at Lesotho border post) The EIA for Phase 1 was undertaken by ACER (Africa) Environmental Management Consultants during 2006 and was conducted in terms of the Environment Conservation Act (Act No. 73 of 1989). Environmental authorisation was issued by the KZN Department of Agriculture and Environmental Affairs (DAEA) on 02 October Construction of Phase 1 commenced in October 2006 with earthworks currently still underway. Phase 1 entailed the upgrading of the first 14kms of the P318 from a gravel road to an 8.5m wide two-lane blacktop (asphalt) road (type 3 road cross-section). The road J27344-Sani Pass Draft Scoping Report.doc 1 Rev 0 / Dec 2008

15 was designed to allow a speed of 80km/hr for the first 7.5km and 60km/hr for the remaining 6.5km. The Phase 1 was designed to carry all vehicle types, including articulated vehicles that are currently used in the area. In addition, the Phase 1 upgrade also included the improvement of road geometrics (e.g. improving the radius of sharp corners requiring localized re-alignments) and the construction of a number of bridges or box culverts for improved stormwater control and drainage as the road crosses a number of stream crossings and drainage lines. The motivation for the Phase 1 upgrade was to: Improve access in the area for farming and forestry operations, local residents, tourism facilities, taxis, tourists and deliveries Improve access to the South African border post, which is planned for relocation to the Good Hope trading store ruins located at the end of the Phase 1 upgrade at km 14 Provide an upgraded link from the Main Road 126 (km 0) near Himeville to the start of Phase 2 (provided Phase 2 receives environmental authorisation). The initial intention had been to upgrade of the remaining portion of the Road in two (2) phases as noted above. The DOT has since revised the project and combined the initial Phase 2 and 3 into Phase 2 and has initiated the planning and engineering design phase of the road which includes the EIA for Phase Relocation of the Border Post The Sani Pass Road passes through the South African Sani Border Post at km 25. Ezemvelo KZN Wildlife (EKZNW), in conjunction with DEAT, the Department of Public Works and the Border Control Operational Co-ordinating Committee (BCOCC), are proposing to relocate the Sani Border Post. This includes an entrance gate and interpretation centre for the UDP WHS, to the site of the Good Hope trading store ruins at km 14. The Basic Assessment for the proposed relocation is currently in progress under the direction of ACER (Africa). Although both the proposed Border Post Relocation Project and the upgrading of the Sani Pass Road Project are invariably linked by the fact the Border Post is located on the Road and controls access to the Road, the EIAs for the projects are not related, nor are their environmental authorisation applications dependent on the outcome of the other. 1.2 Environmental Authorisation This report represents the Draft Environmental Scoping Report (DSR) for the proposed project and has been prepared in accordance with the EIA Regulations published in Government Notice No. R385 of These Regulations were published by the DEAT under Section 24(5) read with Section 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) to control activities which may have a detrimental effect on the environment. Accordingly, certain listed activities require environmental authorisation by way of an EIA process as described in Chapter 4.1 below. J27344-Sani Pass Draft Scoping Report.doc 2 Rev 0 / Dec 2008

16 The following activities, as listed in Government Notice No. R386 and 387 (July 2006 EIA Regulations) have relevance to the proposed project:- Table 1: Identified Listed Activities Number and date of the relevant notice GNR 386 Listing Notice 1 GNR 386 Listing Notice 1 GNR 386 Listing Notice 1 GNR 387 Listing Notice 2 GNR 387 Listing Notice 2 Activity No Listed activity 1 (d) The construction of facilities or infrastructure, including associated structures or infrastructure, for - resorts, lodges, hotels or other tourism and hospitality facilities in a protected area contemplated in the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) 1 (m) Any purpose in the one in ten year flood line of a river or stream, or within 32 metres from the bank of a river or stream where the flood line is unknown, excluding purposes associated with existing residential use, but including canals; channels; bridges; dams; and weirs 1 (p) The temporary storage of hazardous waste 1 (k) The bulk transportation of sewage and water, including stormwater pipelines with i) an internal diameter of 0.36 meters or more; or a peak throughput of 120 litres per second or more 12 The transformation or removal of indigenous vegetation of 3 hectares or more or of any size where the transformation or removal would occur within a critically endangered or an endangered ecosystem listed in terms of section 52 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) 15 The construction of a road that is wider than 4 metres or that has a reserve wider than 6 metres, excluding roads that fall within the ambit of another listed activity or which are access roads of less than 30 metres long 2 Any development activity, including associated structures or infrastructure, where the total area of the development area is, or is intended, 20 hectares or more 5 The route determination of roads and design of associated physical infrastructure, including roads that have not yet been built for which routes have been determined before the publication of this notice and which has not been authorised by a competent authority in terms of the Environmental Impact Assessment Regulations, 2006 made under section 24(5) of the Act and published in Government Notice No. R. 385 of 2006, where: i) it is a national road as defined in section 40 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998); ii) it is a road administered by a provincial authority; iii) the road reserve is wider than 30 metres; or iv) the road will cater for more than one lane of traffic in both directions. The proposed project constitutes activities under both GNR386 requiring a Basic Assessment and GNR387, a full Scoping and Environmental Impact Assessment Process. However, the EIA Regulations (GNR385) stipulate that where any activity associated with a proposed development is listed within GNR387, a full Scoping and EIA Process must be followed, regardless of whether additional activities are identified in GNR 386 for Basic Assessments. Therefore a full Scoping and EIA J27344-Sani Pass Draft Scoping Report.doc 3 Rev 0 / Dec 2008

17 Process is required for the proposed upgrade of the Sani Pass Road (P318): Phase Responsible Parties Table 2: Responsible Parties in EIA DEAT CASE OFFICER DEAT Environmental Impact Evaluation Unit Mr. Chuckeka Tivani Principal Environmental Officer Department of Environmental Affairs and Tourism Private Bag X447, Pretoria 0001 Tel: Fax: PROJECT ENGINEERS Joint Venture between SSI, Semenye Furumele Transportation Engineers and Ndizani Civilworks SSI Mr. Eddy Gademan Project Engineer P.O. Box 1066, Pietermaritzburg, 3200 PROPONENT Department of Transport (DOT) Mr. Siboniso Mbhele P.O. Box 9043 Pietermaritzburg 3200 Tel: Fax: ENVIRONMENTAL ASSESSMENT PRACTITIONER Arcus GIBB (Pty) Ltd Mr. Russell Stow Associate Environmental Scientist P.O. Box 1365, Westville, 3630 Tel: Fax: Tel: Fax: Semenya Furumele Transportation Engineers Mr. Sello Semenya Project Engineer Suite 6, Hillcrest Office Park, 2 Old Main Road, Hillcrest, 3650 Tel: Fax: Raymond.reynolds@sfte.co.za Ndizani Civilworks Mr. Obakeng Pienaar Project Engineer 32 Churchill Road, Windermere,Durban, 4001 Tel: pienaaro@nizanicivilworks.co.za J27344-Sani Pass Draft Scoping Report.doc 4 Rev 0 / Dec 2008

18 1.3.1 Arcus GIBB EIA Team The EIA team comprises the following members from Arcus GIBB: Table 3: Arcus GIBB EIA Team Members NAME Jaana Maria Ball Russell Stow Gisela Fechter Tarryn Henstra Sanusha Govender Rashieda Thomas ROLE Project Director and Reviewer Project Leader and Senior Environmental Scientist Project Leader and Senior Environmental Engineer Project Environmental Scientist Project Environmental Scientist PPP coordinator Project Environmental Scientist Arcus GIBB is a multi-disciplinary engineering and environmental consultancy organisation whose environmental division comprises over 50 highly qualified and experienced environmental professionals. Arcus GIBB s Environmental Division has a proven track record in the planning, co-ordination, management and execution of a wide range of environmental projects (CV s are attached in Appendix A). Key areas of expertise include: Environmental Sciences: Environmental advisory services Environmental policy and corporate reporting Sustainability assessments Environmental management systems Environmental liability and risk assessment Integrated development planning Strategic environmental assessments Environmental impact assessments Public consultation Environmental management programmes Environmental training, monitoring and auditing Environmental permit and regulatory compliance management Coastal zone management Planning and botanical and rehabilitation assessments Environmental Engineering: Environmental monitoring protocols Hazardous waste management Integrated waste management plans Landfill management and operation plans Landfill planning, development, design, construction and closure Leachate treatment and landfill gas management Monitoring and environmental permit and regulatory compliance management Permitting of landfill sites Pollution prevention Risk assessment Site remediation J27344-Sani Pass Draft Scoping Report.doc 5 Rev 0 / Dec 2008

19 Waste minimisation and recycling Specialists It was recognised early in the technical component of the Scoping Phase that there was insufficient information available (inadequate, out-dated or unavailable information) on certain aspects of the local and regional environment in order to make an accurate contextualisation of the study area and identify potential environmental impacts. Specialists were, therefore, appointed to research and describe the various aspects and, base d on their investigations, identify and describe related potential environmental issues and impacts that could occur as a result of the upgrade. The specialist studies and details of the appointed specialists are provided below: Table 4: Specialists Involved in the Scoping Phase Aspects Visual and Aesthetics Botanical Archaeology and Heritage Social and Tourism Economic and Tourism Aquatic Avi-Fauna Specialist Bapela Cave and Klapwijk Mr. Menno Clapwijk Elsa Pooley Indigenous Landscaping Dr. Elsa Pooley Nzumbululo Heritage Solutions Dr. McEdward Murimbika Institute of Natural Resources (INR) Ms. Fonda Lewis African Development Economic Consultants (ADEC) Mr. Randall Gross Ground Truth Dr. Mark Graham Pied Piper Expeditions Prof. Steven Piper In addition to these investigations, the following technical studies were undertaken as part of the engineering component which have relevance to the EIA: Table 5: Engineering Specialists involved in the Scoping Phase Aspects Geotechnical Investigation Traffic Impact Assessment Hydrological Assessment Specialist Arq Consulting Engineers Mr. Alan Parrock Mr. Stan Walden SSI / Semenye Furumele / Ndizani Civilworks 1.4 Relevant Environmental Legislation This chapter details applicable legal provisions and aims to provide a review of relevant national and provincial legislation and regulations, and policy documents, which are applicable to (or have implications for) the proposed upgrade of the Sani Pass Road The Constitution of South Africa The legal reference source for environmental law in South Africa is found in the Constitution of the Republic of South Africa (Act No.108 of 1996) and as such, all environmental aspects should be interpreted within the context of the Constitution. J27344-Sani Pass Draft Scoping Report.doc 6 Rev 0 / Dec 2008

20 The Constitution has enhanced the status of the environment by virtue of the fact that environmental rights have been established (Section 24) and other rights created in the Bill of Rights which impact on environmental management. An objective of local government is to provide a safe and healthy environment (Section 152) and public administration must be accountable, transparent and encourage participation (Section 195(1)(e) to (g)) The National Environmental Management Act The National Environmental Management Act (Act No. 107 of 1998) (NEMA) is South Africa s overarching framework for environmental legislation. The objective of NEMA is to provide for 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. NEMA sets out a number of principles that aim to implement the environmental policy of South Africa. These principles are designed, amongst other purposes, to serve as a general framework for environmental planning, as guidelines by reference to which organs of state must exercise their functions and to guide other law concerned with the protection or management of the environment. The principles include a number of internationally recognised environmental law norms and some principles specific to South Africa, namely, the: Preventive Principle Precautionary Principle Polluter pays Principle Equitable access for the previously disadvantaged to ensure human wellbeing. Chapter 5 of NEMA is designed to promote integrated environmental management. Environmental management must place people and their needs at the forefront of its concerns, and serve their physical, psychological, developmental, cultural and social interests equitably. Development must be socially, environmentally and economically sustainable. Sustainable development therefore requires the consideration of all relevant factors including the following: The disturbance of ecosystems and loss of biological diversity is avoided, or, minimised and remedied The pollution and degradation of the environment are avoided, or, minimised and remedied The disturbance of landscapes and sites that constitute the nation s cultural heritage is avoided, or, minimised and remedied That waste is avoided, or, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner The use and exploitation of non-renewable natural resources should be utilised responsibly and equitably The development, use and exploitation of renewable resources and the ecosystem of which they are part of, do not exceed the level beyond which their integrity is jeopardised A risk-averse and cautious approach is applied Negative impacts on the environment and on the people s environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimised and remedied. J27344-Sani Pass Draft Scoping Report.doc 7 Rev 0 / Dec 2008

21 Regulations promulgated under NEMA include the EIA Regulations published under GNR 385, and the associate Listing Notices GNR 386 and 387. Section 24(5) of NEMA stipulates that certain listed activities require environmental authorisation by way of either a Basic Assessment (BA) or a full Scoping and Environmental Impact Assessment as defined in the EIA Regulations Listing Notices (July 2006 EIA Regulations). As identified in Chapter 1.2 above, the proposed project constitutes listed activities in both Listing Notices. However, GNR 387 supersedes GNR 386 and, as such, a full Scoping and Environmental Impact Assessment must be undertaken. This report represents the Draft Environmental Scoping Report (DSR) and has been prepared in accordance with the EIA Regulations published in GNR The Environment Conservation Act The objectives of the Environment Conservation Act (Act No. 73 of 1989) (ECA) are to provide for the effective protection and controlled utilisation of the environment. Following the enactment of NEMA, a number of the powers of the Act have either been repealed from or assigned to the provinces. These include the EIA Regulations for activities that were regarded as detrimental on the environment and were published under Government Notice Regulation 1182 of 05 September 1997, as amended. New EIA Regulations have been promulgated under Section 24(5) of NEMA and are published under GNR 385, 386 and 387 of June 2006 and as such, replace those promulgated under ECA. Waste management is still coordinated and controlled under Section 20 of ECA. The National Waste Management Act, currently in draft form, will replace this section of the Act Legislation for the Conservation of Natural Resources (a) National Water Act The National Water Act (Act No. 36 of 1998) (NWA) is the fundamental law for managing South Africa s water resources. The purpose of the Act is to ensure that water resources of the nation are protected, used, developed, conserved and controlled. It is concerned with the allocation of equitable access and the conservation of water resources within South Africa. The NWA repeals many of the powers and functions of the Water Act (Act No. 54 of 1956). Key Aspects of the NWA include: Catchment Areas - Any disturbance to a watercourse such as the construction of a dam or weir type facility requires authorization from the DWAF Water Supply - Under the NWA, a developer is required to obtain the necessary permits for water usage and the disposal of wastewater from the DWAF Wastewater the NWA is the principal piece of South African legislation governing wastewater management. Under the Act there are several important issues relating to wastewater to note: - It is an offence to wilfully or negligently pollute surface water or groundwater - In the event of a pollution incident, the offending party is obliged to report the incident to the regulatory authority - The regulatory authority can take the necessary steps to prevent the pollution of water resources and can recover the costs of clean up from the polluter. (b) National Environmental Management: Biodiversity Act J27344-Sani Pass Draft Scoping Report.doc 8 Rev 0 / Dec 2008

22 The National Environmental Management: Biodiversity Act (Act No. 10 of 2004) (NEMBA) provides for the management and conservation of South Africa s biodiversity within the framework of the NEMA. This Act allows for the protection of species and ecosystems that warrant national protection, the sustainable use of indigenous biological resources, the fair and equitable sharing of benefits arising from bio-prospecting involving indigenous biological resources and the establishment and functions of the South African National Biodiversity Institute. Key elements of the NEMBA are: The identification, protection and management of species of high conservation value The identification, protection and management of ecosystems and areas of high biodiversity value Biodiversity Initiatives such as the STEP (Subtropical Thicket Ecosystem Plan) and CAPE (Cape Action Plan for People and Environment) may become accepted as bioregional plans and are thus implemented as legislation Alien invasive species control of which the management responsibility is directed to the landowner Section 53 of the Act identifies that any process or activity that is regarded as a threatening process in terms of a threatened ecosystem, requires environmental authorization via a full Environmental Impact Assessment (GNR387). (c) National Forest Act Under the National Forest Act (Act No. 84 of 1998), listed trees and forests are protected and no person may cut, disturb, damage or destroy a protected tree or forest without prior approval via a permit from the Minister of the DWAF. Vegetation is further protected from disturbance in terms of NEMA, (EIA Regulation GNR386) where environmental authorisation is required for the transformation or removal of indigenous vegetation of 3 ha or more Legislation for Cultural Resources (a) National Heritage Resources Act The National Heritage Resources Act (Act 25 of 1999) (NHRA) aims to promote the protection and good management of the national estate of South Africa. In terms of Section 38 of the Act, the South African Heritage Resources Agency (SAHRA) must be notified during the early planning phases of a project for any development that includes any of the following activities: The construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length Any development or other activity which will change the character of a site exceeding m² in extent The costs of which will exceed a sum set in terms of regulations by SAHRA or a provincial heritage resources authority Any other category of development provided for in regulations by SAHRA or a provincial heritage resources authority. If a project is listed under the NHRA Regulations, then a permit application must be made to the SAHRA before the project can commence. For projects in KwaZulu-Natal permit applications must be made to AMAFA in terms of KwaZulu-Natal Heritage Act (Act No. 10 of 1997) see below. J27344-Sani Pass Draft Scoping Report.doc 9 Rev 0 / Dec 2008

23 (b) The KwaZulu-Natal Heritage Act, 1997 (Act No. 10 of 1997) The aim of the KwaZulu-Natal Heritage Act (Act No. 10 of 1997) is to provide for the establishment of a statutory body to administer heritage conservation on behalf of the provincial government of KwaZulu-Natal, namely AMAFA akwazulu-natali (AMAFA). Section 27 of the Act states that the developer must notify AMAFA if he is wishing to undertake a proposed development in terms of the following categories: Developments (roads, walls, powerlines, pipelines) greater than 300m Linear in length Bridges greater than 50 m in length Proposed developments exceeding 10000m² Proposed developments exceeding three or more erven Proposed developments exceeding three or more existing erven consolidated within past five years Proposed development will exceed a cost set in terms of regulations Any other category provided for in regulations. AMAFA has been notified of the proposed upgrade of Sani Pass and have requested that a Heritage Impact Assessment (HIA) be undertaken. Heritage issues had already been identified during the Scoping as requiring further investigation. Nzumbululo Heritage Solutions has been appointed to investigate heritage and cultural issues as part of the Scoping Phase and undertake the required HIA which will form part of the Impact Assessment Phase of the EIA Local and Regional Integrated Development Plans There are numerous planning frameworks, initiatives and documents that have been devised for the ukhahlamba Drakensberg Region and Lesotho which are relevant to the Sani Pass area and/or the upgrading of the Sani Pass Road: (a) Southern African Development Community (SADC): Regional Indicative Strategic Development Plan (RISDP) and other protocols and agreements The RISDP is the SADC region s blueprint for integration. The RISDP has broad targets and priorities, of which five have been identified for immediate implementation. Infrastructure and Services Development is one of these five and is identified as the core area for integration, with programmes that promote access to transport, communications, energy, water and tourism by the rural disadvantaged and that promote community participation in mainstream business as a vehicle for poverty reduction. The SADC Transfrontier Conservation Areas (TFCAs) are seen as a major attraction for the international tourists (DFA, 2006) (ACER Africa, 2006). Furthermore, South Africa and Lesotho have signed a Declaration of Intent to promote technical cooperation and activities in the area of transport, including roads, rail and air transportation, and includes the upgrade of the Sani Pass. This agreement is part of regional cooperation and agreement in terms of the SADC Protocol on Transport, Telecommunication and Meteorology. It is in fulfilment of the vision of the New Partnership for Africa s Development (NEPAD), and commitment to the Almaty Declaration on Landlocked Countries and fulfilment of SADC s Millennium Development Goals (MDG) (Radebe, 2006) (ACER Africa, 2006). (b) Maloti Drakensberg Transfrontier Project (MDTP): Bioregional Planning J27344-Sani Pass Draft Scoping Report.doc 10 Rev 0 / Dec 2008