N2 WILD COAST TOLL HIGHWAY ENVIRONMENTAL MANAGEMENT PROGRAMME

Transcription

1 N2 WILD COAST TOLL HIGHWAY ENVIRONMENTAL MANAGEMENT PROGRAMME Prepared for: National Department of Environmental Affairs On behalf of: The South African National Roads Agency SOC Limited Prepared by: CCA Environmental (Pty) Ltd (part of the SLR Consulting group) NRA01N2WC/EMP June 2016

2 N2 WILD COAST TOLL HIGHWAY ENVIRONMENTAL MANAGEMENT PROGRAMME Prepared for: National Department of Environmental Affairs Environment House 473 Steve Biko Road Arcadia, Pretoria 0083 On behalf of: The South African National Roads Agency SOC Limited 48 Tambotie Avenue Val de Grace, Pretoria 0184 Prepared by: CCA Environmental (Pty) Ltd (part of the SLR Consulting group) Contact person: Fuad Fredericks Unit 39, Roeland Square 30 Drury Lane Cape Town 8001 Tel: Fax: NRA01N2WC/EMP June 2016

3 PROJECT INFORMATION TITLE APPLICANT ENVIRONMENTAL CONSULTANT REPORT REFERENCE Environmental Management Programme for the N2 Wild Coast Toll Highway South African National Roads Agency SOC Limited CCA Environmental (Pty) Ltd (part of the SLR Consulting group) NRA01N2WC/EMP DEA REFERENCE 12/12/20/701 REPORT DATE June 2016 REPORT COMPILED AND REVIEWED BY: Fuad Fredericks... Fuad Fredericks Pr.Sci.Nat., CEAPSA Director CCA Environmental (Pty) Ltd i EMP

4 EXPERTISE OF ENVIRONMENTAL ASSESSMENT PRACTITIONER NAME: RESPONSIBILITY ON PROJECT: QUALIFICATIONS: PROFESSIONAL REGISTRATION: Mr Fuad Fredericks Project management and quality control M.Sc. (Botany), HDE Pr.Sci.Nat., CEAPSA EXPERIENCE IN YEARS: 16 Fuad Fredericks has been involved in environmental consulting since 1999 and is currently a Director of CCA Environmental (Pty) Ltd. He has experience in a wide range of environmental disciplines, including Environmental Impact Assessments, Environmental Management Programmes, Environmental Monitoring and Auditing, Environmental Education and Public Consultation. He has been responsible for management and quality control of environmental assessments EXPERIENCE: dealing with a number of highly complex and controversial projects, such as the proposed toll roads on the national routes in the Western Cape and the proposed N2 Wild Coast Toll Highway between the Eastern Cape and KwaZulu-Natal. He also has extensive experience in the environmental assessment, monitoring and auditing of projects related to railway facilities, landfill sites, wastewater treatment facilities, and water and sewage pipelines. CCA Environmental (Pty) Ltd ii EMP

5 DOCUMENT REVISIONS NO. REPORT REFERENCE VERSION / REVISION CHANGE DATE 1. NRA01N2WC/EMP Rev. 0 - June CCA Environmental (Pty) Ltd iii EMP

6 TABLE OF CONTENTS PROJECT INFORMATION... i EXPERTISE OF ENVIRONMENTAL ASSESSMENT PRACTITIONER... ii DOCUMENT REVISIONS... iii TABLE OF CONTENTS... iv GLOSSARY OF TERMS... vi ABBREVIATIONS... x 1. INTRODUCTION OVERVIEW OF THE PROJECT RECORD OF DECISION OVERALL PURPOSE AND SCOPE OF THE EMP TERMS OF REFERENCE OF THE EMP STRUCTURE OF THE EMP ENVIRONMENTAL LEGISLATION, POLICIES, PROGRAMMES AND STANDARDS LEGISLATIVE FRAMEWORK Statutory and Other Applicable Legislation and Policies Approval/licence/authorisation/permit requirements ENVIRONMENTAL STANDARDS National environmental management principles Duty of care and remediation of environmental damage Control of emergency incidents Ambient air quality standards and guidelines National dust control regulations Noise Control Regulations Blasting Regulations and Standards Taking of water from a water resource (abstraction of water) Impeding or diverting the flow of water in a watercourse and altering the bed, banks, course or characteristics of a watercourse Control of alien vegetation Control of development affecting natural forests NHRA Regulations ADMINISTRATION, MANAGEMENT, MONITORING AND AUDITING OF ENVIRONMENTAL OBLIGATIONS MANAGEMENT STRUCTURE ROLES AND RESPONSIBILITIES Environmental authority (DEA) Applicant (SANRAL) Engineer Project Environmental Manager (PEM) Environmental Control Officer Site Environmental Control Officer (SECO) Environmental Auditor Authorities Coordination Committee (ACC) Environmental Monitoring Committee (EMC) Specialist environmental service provider (s) REPORTING AND RECORD-KEEPING Administration Method Statements Document Control Notification to relevant environmental authorities CCA Environmental (Pty) Ltd iv EMP

7 3.4 ENVIRONMENTAL TRAINING AND AWARENESS PERFORMANCE INDICATORS AND TARGETS EMERGENCY PREPAREDNESS PUBLIC COMMUNICATION AND LIAISON WITH INTERESTED AND AFFECTED PARTIES Information Distribution Information Boards Complaints Register ENVIRONMENTAL SPECIFICATIONS: DESIGN INTRODUCTION ENVIRONMENTAL MANAGEMENT MEASURES - DESIGN ENVIRONMENTAL SPECIFICATIONS: CONSTRUCTION AND OPERATION INTRODUCTION ENVIRONMENTAL MANAGEMENT MEASURES CONSTRUCTION AND OPERATION CONCLUSION AND WAY FORWARD Figure 1.1 Figure 1.2 Figure 4.1 Figure 4.2 Appendix A Appendix B Appendix C Appendix D Appendix E The N2 Wild Coast Toll Highway between the Gonubie Interchange (Eastern Cape) and the Isipingo Interchange (KwaZulu-Natal) Topography and land use between Ndwalane/Port St Johns and the Mthamvuna River, showing the two greenfields sections Ecological sensitivity of habitats between Ndwalane and Ntafufu Ecological sensitivity of habitats between Lusikisiki and the Mthamvuna River Record of Decision Supplementary EMP for Aquatic Ecosystems Plant Search and Rescue Plan Alien and Invasive Species Management Plan List of proposed fines CCA Environmental (Pty) Ltd v EMP

8 GLOSSARY OF TERMS The definitions given below are for explanatory purposes only and are applicable to this Environmental Management Programme (EMP). In the event that any conflict arises between the definitions contained herein and those contained within the final contract, those within the contract shall prevail. Alien vegetation: Alien vegetation is defined as undesirable plant growth which shall include, but not be limited to Category 1 plants (declared weeds), Category 2 plant invaders (commercial value) and Category 3 plant invaders (ornamental value) as set out in the Amended Regulations of the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983) (CARA). Other vegetation deemed to be alien invasive shall be those plant species that show the potential to occupy in number, any area within the defined construction area. Alien species also include species that are not indigenous species or any indigenous species that has been translocated or is intended to be translocated to a place outside its natural distribution range in nature, but does not include indigenous species that have extended their natural distribution range by natural means of migration or dispersion without human intervention. Authorities Coordination Committee (ACC): A structure, comprising various authorities, which shall serve as a forum for the discussion and coordination of project-related issues, and for timeous dissemination of information about progress on the project to the key authorities. SANRAL shall convene an ACC quarterly or as agreed upon with the Department of Environmental Affairs during the planning and construction phase of the project. COLTO Specifications: Standard specifications for road and bridge works for state road authorities. activity: Any action taken by the, his subcontractors, suppliers or personnel during the construction process, as defined in the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 107 of 1998). area: (compare with site ) All areas reasonably required by the to undertake the construction activities. camp: (also called site camp) All storage and stockpile sites, site offices, staff accommodation, container sites, workshops and testing facilities and other areas required to undertake construction activities. Site Environmental Control Officer (SECO): The representative of the responsible for implementing the environmental provisions of specific construction contracts and appointed by each service provider that carries out construction activities on behalf of SANRAL, as required. The SECO, also known as the Designated Environmental Officer (DEO), is responsible for ensuring that the specific construction contract is undertaken in accordance with the relevant environmental requirements of the Environmental Management Programme (EMP). The SECO shall implement any remedial measures as required from time to time and shall ensure that any authorisations/licences required in terms of the service contract are obtained timeously and complied with on site. EIA Regulations: Environmental Impact Assessment (EIA) Regulations dated 5 September 1997, published by the Minister of Environmental Affairs and Tourism pursuant to sections 21, 22 and 26 of the Environment Conservation Act, CCA Environmental (Pty) Ltd vi EMP

9 1989 (Act No. 73 of 1989), as applicable to the Application for Environmental Authorisation. Also refers to Regulations GN R385, R386 and R387 (dated 21 April 2006), Regulations GN R543, R544, R545 and R546 (dated 18 June 2010) and Regulations GN R982, R983, R984 and R985 (dated 4 December 2014) published in terms of Chapter 5 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended, as may be applicable to any further Environmental Authorisation requirements of the proposed project, as appropriate. Environment: The surroundings in which humans exist and which comprise: a) The land, water and atmosphere of the earth; b) Micro-organisms, plant and animal life; c) Any part or combination of a) and b) and the interrelationships among and between them; and d) The physical, chemical, aesthetic and cultural properties and conditions of the foregoing that can influence human health and well-being. (After National Environmental Management Act, 1998 (Act No.107 of 1998)). Environmental Control Officer (ECO) A suitably qualified and experienced independent person or entity appointed by SANRAL. The ECO is responsible for overall monitoring of compliance of construction activities with the requirements of the Record of Decision, environmental legislation, specifications of the EMP and other applicable permits/licences. Environmental Impact: Any change to the environment resulting from a construction activity, whether desirable or undesirable. An impact may be the direct, indirect or cumulative consequence of an activity. Environmental Impact Assessment (EIA): A process of examining the environmental effects of development (after DEAT, Guideline Document: EIA Regulations). The assessment requires detailed/specialist studies of key issues that have been identified during the environmental scoping process. Also, a systematic process of identifying, assessing and reporting environmental impacts associated with an activity and includes basic assessment and S&EIR (after GN R982 dated 4 December 2014). Environmental Management Programme (EMP): A detailed programme of action prepared to ensure that recommendations for enhancing positive impacts and preventing or limiting negative environmental impacts are implemented during the life-cycle of a project. Project Environmental Manager (PEM): A person to be appointed by SANRAL for the planning and construction phases of the project. The PEM must be an independent consultant and must be permanently on the site to support and assist the ECOs during the period of construction (after Record of Decision dated 19 April 2010). Environmental Monitoring Committee (EMC): A structure created in consultation with various stakeholder groups whose role will be to (1) monitor and audit the project compliance with specific conditions of the environmental authorisation and the requirements of the approved EMP, (2) make recommendations to the Department of Environmental Affairs (DEA) on issues related to the monitoring and auditing of the project implementation and (3) advise DEA on issues related to non-conformance reports raised against SANRAL by the ECOs. Alien Vegetation Eradication Programme: The organised clearing and rehabilitation of land infested by invasive alien plant species. CCA Environmental (Pty) Ltd vii EMP

10 Greenfields Section: This refers to an undisturbed/undeveloped area through which a proposed new section of road will be constructed. Hazard: A source of or exposure to danger. Environmental Auditor (EA): A suitably qualified and experienced independent expert appointed by SANRAL to verify compliance with the Record of Decision, EMP and associated authorisations. Interested and Affected Party (I&AP): Refers to any person or group of persons concerned with or affected by an activity and its consequences. These include the authorities, local communities, investors, work force, customers and consumers, environmental interest groups and the general public (after the EIA Regulations of September 1997 and Guideline Document: EIA Regulations of April 1998). In terms of GN R385 of 21 April 2006, it includes any person, group of persons or organisation interested in or affected by an activity ; and any organ of state that may have jurisdiction over any aspect of the activity. GN R543 of 18 June 2010 and GN R982 of 4 December 2014 describe a registered I&AP in relation to an application as an I&AP whose name is recorded in the register opened for that application. Method Statement: A written submission by the in response to a specification or a request by the Engineer, setting out the plant, materials, labour and method proposed to carry out an activity, in such detail that the Engineer and/or ECO is able to assess any associated environmental risks. Mitigate: The implementation of practical measures to avoid or reduce adverse impacts, or enhance beneficial impacts of an activity. No-go area: Area where construction activities are prohibited. Pesticide: Chemicals used by humans to kill organisms that threaten their health and well-being, pets and livestock or cause damage to crops. This includes insecticides, herbicides, fungicides, acaricides, nematicides and rodenticides (after Fuggle et al, 1992). Pollution: Any change in the environment caused by (i) substances; (ii) radioactive or other waves; or (iii) noise, odours, dust or heat emitted from any activity, including the storage or treatment of waste or substances, construction and the provision of services, whether engaged in by any person or an organ of state, where that change has an adverse effect on human health or well-being or on the composition, resilience and productivity of natural or managed ecosystems, or on materials useful to people, or will have such an effect in the future (after National Environmental Management Act, 1998). Record of Decision or Environmental Authorisation: A written statement from the relevant environmental authority that records its approval/rejection of a listed activity (for example, to build or upgrade a section of road). Approval is usually granted with conditions specifying the necessary measures required to prevent or reduce the effects of environmental impacts during the life of a contract. CCA Environmental (Pty) Ltd viii EMP

11 Rehabilitation: To re-establish or restore to a healthy, sustainable capacity or state. Riparian zone: A zone located next to a stream or river, affected by stream processes such as flooding and deposition of alluvial soil, and supporting a fauna and flora different from the upland slopes. Road reserve: The area of land reserved for the construction, maintenance and future development of a road, interchanges and associated infrastructure as defined by co-ordinates and/or proclamation. Site: (compare with construction area ) Refers to those sections of the existing N2, existing R61 and greenfields sections of the N2 Wild Coast Toll Highway which will generally include the road reserve and such other areas that may become part of the Site as provided for in the Contract. CCA Environmental (Pty) Ltd ix EMP

12 ABBREVIATIONS AEL Atmospheric Emission Licence CARA Conservation of Agricultural Resources Act, 1989 (Act No. 43 of 1989) COLTO Committee of Land Transport Officials DAFF Department of Agriculture, Forestry and Fisheries DEA Department of Environmental Affairs DMR Department of Mineral Resources DWS Department of Water and Sanitation ECA Environment Conservation Act, 1989 (Act No. 73 of 1989) ECO Environmental Control Officer ECPTA Eastern Cape Parks and Tourism Authority EIA Environmental Impact Assessment EIR Environmental Impact Report EMP Environmental Management Programme EMPR Environmental Management Programme Report EMS Environmental Management System I&AP Interested and Affected Party IEA Independent Environmental Auditor KPI Key Performance Indicator NBI National Botanical Institute NEMA National Environmental Management Act, 1998 (Act No. 107 of 1998) NFA National Forests Act, 1998 (Act No. 84 of 1998) NHRA National Heritage Resources Act, 1999 (Act No. 25 of 1999) NWA National Water Act, 1998 (Act No. 36 of 1998) OHSA Occupational Health & Safety Act, 1993 (Act No. 85 of 1993) ROD Record of Decision SAHRA South African Heritage Resources Agency SANRAL The South African National Roads Agency SOC Limited SECO Site Environmental Control Officer TOPS Threatened or Protected Species WfW Working for Water [now incorporated into DEA s Natural Resource Management programmes] CCA Environmental (Pty) Ltd x EMP

13 1. INTRODUCTION 1.1 OVERVIEW OF THE PROJECT The N2 Wild Coast Toll Highway extends over a total distance of about 560 km between the N2 Gonubie Interchange (near East London in the Eastern Cape) and the N2 Isipingo Interchange (south of Durban in KwaZulu-Natal) see Figure The key components of the proposed project include the following: Upgrading and widening of existing road sections (of the N2 and R61) included within the proposed project (approximately 470 km); New road construction within two greenfields sections in the Eastern Cape portion of the project (approximately 90 km) see Figure 1.2; of nine new bridges in the greenfields sections of the project; Upgrading and/or construction of new road interchanges and intersections; and of associated structures (such as toll plazas, pedestrian overpasses and animal underpasses). A detailed description of the project is provided in Chapter 4, Volume 1 (Main Report) of the Final Environmental Impact Report (EIR) for the N2 Wild Coast Toll Highway (dated December 2009). 1.2 RECORD OF DECISION On 19 April 2010 the Department of Environmental Affairs (DEA) issued a Record of Decision (ROD) for the project in terms of section 22 (3) of the Environment Conservation Act, 1989 (ECA; Act No. 73 of 19189) and Regulations 9 and 10 of the ECA Environmental Impact Assessment (EIA) Regulations see Appendix A. The ROD authorised the Applicant, the South African National Roads Agency SOC Limited (SANRAL), to undertake the construction of the proposed N2 Wild Coast Toll Highway, subject to various conditions (which form part of the environmental authorisation) and a statutory appeal period of 30 days. Following the lodging of numerous appeals against the issuing of the environmental authorisation, the Minister of Water and Environmental Affairs issued an Appeal Decision on 25 July 2011 which dismissed the appeals and confirmed the ROD (environmental authorisation) issued by DEA on 19 April OVERALL PURPOSE AND SCOPE OF THE EMP SANRAL is responsible for ensuring compliance with the conditions contained in the ROD. This includes any person acting on SANRAL s behalf, including but not limited to, an agent, contractor, sub-contractor, employee, consultant or person rendering a service to SANRAL (ROD Item 6.1.3). In this regard, Item of the ROD stipulates that all recommendations contained in the Final EIR and supporting documentation, which are not covered explicitly under the conditions contained in the ROD, must be regarded as conditions in terms of the ROD. Amongst others, SANRAL is required to submit a draft Environmental Management Programme (EMP) to DEA for approval. 1 It should be noted that the project has, in the interim, been identified by the South African Government as a Strategic Infrastructure Project (SIP), overseen by the Presidential Infrastructure Coordinating Committee (PICC). The current construction programme excludes the KwaZulu-Natal portion. CCA Environmental (Pty) Ltd 1 EMP

14 The EMP has to be compiled in terms of the requirements contained in the ROD and has to cover, amongst others, the following aspects (ROD Item ): a) Rehabilitation of areas to be disturbed during the construction of the proposed project and associated infrastructure; b) Siting and management of construction camps; c) Plant search and rescue before commencement of any construction-related activities; d) Waste avoidance and minimisation during construction; e) Management of traffic during the construction phase where the N2 and R61 crosses roads and other transportation networks; f) Measures to reduce soil erosion; g) Measures aimed at controlling invasive plant species and weeds; h) An organogram illustrating the management structure for implementation of the EMP; and i) Roles and responsibilities of persons responsible for the implementation of the EMP. The ROD (Items and to ) also stipulates the following: The conditions of the ROD, the mitigation measures and recommendations contained in the Final EIR and the final approved construction and operational EMPs and/or any other subsequent submitted approved documentation/method Statements/plans, shall be legally binding components of any contract and must therefore be legally enforceable; SANRAL must use the draft EMP to develop final comprehensive site specific construction and operation EMPs; The final EMPs must at least have, but need not be limited to, the following headings: project phase; activity; environmental specification; and responsible person/s so that they are capable of being audited; The final construction and operational EMPs, and/or other required plans may be altered, where independent monitoring and auditing of the project show this to be beneficial. Any alterations to the final EMPs and other required plans shall be subject to approval by the relevant authorities; The Applicant must comply with the draft approved EMPs and any other subsequent approved documentation; The final EMPs and other required plans must be made available to I&APs upon request; The final EMPs and other required plans must form part of all contractors and sub-contractors conditions of contract; The final construction EMP must accommodate traditional issues and be sensitive to the fragmentation of families and clans; Before operation commences, an operational EMP, which includes a Maintenance Plan and an Emergency Plan, must be developed and submitted to DEA for approval. The applicable conditions of the ROD, the mitigation measures and recommendations contained in the Final EIR and supporting documentation dated December 2009, the draft EMP and final construction EMP, and any other relevant subsequent submitted and approved documentation/method Statements/plans must be incorporated within the operational EMP; The operational EMP must be updated and resubmitted to DEA annually or within an agreed specified period between the relevant parties; The operational EMP will be subject to audits during its development as well as during its implementation; and The Applicant must apply measures to ensure construction and maintenance crews take ownership of the environmental management relevant to their work as per recommendations in the EMP. In compliance with the relevant conditions of the ROD, and in order to ensure a holistic approach to the management of environmental impacts, this EMP sets out applicable environmental specifications during the design, construction and operational phases of the N2 Wild Coast Toll Highway. The EMP thus outlines the environmental specifications which are required to be implemented and adhered to by the technical design, construction and operational teams. The EMP has as its basis relevant mitigation measures recommended CCA Environmental (Pty) Ltd 2 EMP

15 in the Final EIR (and associated specialist reports) and relevant conditions of the ROD. Where necessary, certain measures have been expanded upon or additional issues have been addressed in order to ensure that all environmental aspects are appropriately considered and monitored. It should be noted, however, that issues associated with aspects such as toll funding, health and safety, management of ribbon development and tourism management, amongst others, have been excluded from the EMP since they will be addressed in accordance with relevant legislation and/or are outside SANRAL s jurisdiction and mandate. The EMP includes measures specified by the relevant heritage resources authorities in response to a supplementary archaeological survey (undertaken during 2011) and a revised Palaeontological Impact Assessment of the project (undertaken during 2012). The EMP is supplemented with relevant management measures arising from an updated Aquatic Impact Assessment (which included wetland delineation), undertaken during 2014, as specified in a Supplementary EMP for Aquatic Ecosystems (see Appendix B). The document also includes a Plant Search and Rescue Plan (see Appendix C) and an Alien and Invasive Species Management Plan (Appendix D). Furthermore, the EMP incorporates specific environmental management measures relating to the design, construction and operational phases of the new road sections, river crossings/bridges with associated haul and approach roads, and toll plazas. As such, this EMP is considered to also serve the purpose of the site specific construction and operation EMPs as envisaged in the ROD and is thus applicable to all separate contracts into which SANRAL may divide the project, as appropriate. Any further environmental conditions of permits or licences to be issued for the project should be viewed as being part of the EMP. 1.4 TERMS OF REFERENCE OF THE EMP The EMP has the following objectives: To comply with the relevant conditions of the ROD issued on 19 April 2010, as well as applicable legislative and regulatory requirements; To identify the standards and relevant guidelines which are applicable in terms of environmental legislation; To specify the mitigation measures which are required to be implemented for all phases of the project in order to prevent or minimise the extent of negative environmental impacts; To specify enhancement measures which should be implemented in order to improve potential project benefits and, where possible, to improve the condition of the environment; To define corrective actions which must be taken in the event of non-compliance with the specifications of this EMP; Provide measures for ensuring that environmental monitoring and audits are undertaken to ensure compliance with the EMP and the ROD; and Provide criteria for notifying DEA of any non-compliance with the ROD/EMP. 1.5 STRUCTURE OF THE EMP This EMP includes the following: Background information regarding the N2 Wild Coast Toll Highway and the EMP (Chapter 1); The relevant environmental guidelines, legislation and standards (Chapter 2); The requirements for the appropriate administration, management, monitoring and auditing of environmental obligations (Chapter 3); Environmental specifications applicable to the design phase of the project (Chapter 4); Environmental specifications applicable to the construction and operational phases of the project (Chapter 5); and Conclusion and way forward (Chapter 6). CCA Environmental (Pty) Ltd 3 EMP

16 Figure 1.1: The N2 Wild Coast Toll Highway route between the Gonubie Interchange (Eastern Cape) and the Isipingo Interchange (KwaZulu-Natal) CCA Environmental (Pty) Ltd 4 EMP

17 Figure 1.2: Topography and land use between Ndwalane/Port St Johns and the Mthamvuna River, showing the two greenfields road sections CCA Environmental (Pty) Ltd 5 EMP

18 2. ENVIRONMENTAL LEGISLATION, POLICIES, PROGRAMMES AND STANDARDS 2.1 LEGISLATIVE FRAMEWORK It should be noted that obligations imposed by the ROD and EMP are legally binding in terms of environmental statutory legislation (i.e. NEMA). In this regard, ROD Item stipulates that national government, provincial government, local authorities or committees appointed in terms of the conditions of the authorisation, or any other public authority or organisation, shall not be held responsible for any damages or losses suffered by SANRAL in any instance where construction or operation subsequent to construction is temporarily or permanently stopped for reasons of non-compliance with the conditions of approval as set out in the ROD or any other subsequent document emanating from the conditions of approval Statutory and Other Applicable Legislation and Policies ROD Item indicates that authorisation was granted only in terms of Section 22 of the ECA and does not exempt SANRAL from compliance with any other legislation (albeit that the authorisation was also regarded as being an environmental authorisation issued in terms of NEMA and its regulations). ROD Items and state that the authorisation refers only to the activity as specified and described in the Final EIR dated December In this regard it should be noted, for example, that the development of borrow pits and quarries have not been approved as part of the ROD. Furthermore, the ROD indicates that the development is also subject to the approval by the relevant local authorities in terms of any applicable legislation administered by those authorities (Item 6.1.5). Also, DEA may add to, change and/or amend any of the conditions of the ROD in such lawful and fair manner if, in the opinion of DEA, the addition, change or amendment is environmentally justified (ROD Item ). In the event that the predicted impacts exceed the significance as predicted in the Final EIR and supporting documentation, the authorisation may be withdrawn after the appropriate procedures have been followed (ROD Item ). In the event of any dispute concerning the significance of a particular impact, the opinion of DEA in respect of its significance will prevail (ROD Item ). SANRAL shall identify and comply with all South African national and provincial environmental legislation, including associated regulations and all local by-laws relevant to the project. Key national and provincial environmental legislation that is currently applicable to the design, construction and operational phases of the project must be compiled with. The list of applicable legislation and policies below is intended to serve as a guideline only and is not exhaustive: Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983; CARA); Constitution of South Africa Act, 1996 (Act No. 108 of 1996); Environment Conservation Act, 1989 (Act No. 73 of 1989; ECA) (as amended); Hazardous Substances Act, 1973 (Act No. 15 of 1973); Health Act, 1977 (Act No. 63 of 1977); Marine Living Resources Act, 1998 (Act No. 18 of 1998); Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002; MPRDA) (as amended) and its applicable Regulations (as amended); National Environmental Management Act, 1998 (Act No. 107 of 1998; NEMA) (as amended); National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004; NEM:AQA); National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004; NEM:BA); National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008; NEM:WA); National Forests Act, 1998 (Act No. 84 of 1998; NFA); CCA Environmental (Pty) Ltd 6 EMP

19 National Heritage Resources Act, 1999 (Act No. 25 of 1999; NHRA) and its Regulations (Government Notice No. R. 548 of 2 June 2000); National Water Act, 1998 (Act No. 36 of 1998; NWA) and its applicable Regulations; Nature and Environmental Conservation Ordinance, 1974 (as amended); Noise Control Regulations: ECA; National Dust Control Regulations, 2013: NEM:AQA; Alien and Invasive Species Regulations, 2014: NEM:BA; Occupational Health and Safety Act, 1993 (Act No. 85 of 1993; OHSA); and Policy Principles and Guidelines for Control of Development Affecting Natural Forests Approval/licence/authorisation/permit requirements In addition to the environmental authorisation issued on 19 April 2010 (refer to Section 1.3), the following additional approval/licence/authorisation/permit requirements would, amongst others, be relevant to the project: Authorisation for any other listed activities (i.e. other than the activities authorised in the ROD - see Appendix A) under NEMA and its EIA Regulations. In this regard, the ROD (Item ) indicates that no site camps will be allowed outside the footprint of the development area as the establishment of such structures may trigger a listed activity as defined in the NEMA EIA Regulations; General Authorisation/Water Use Licences, as appropriate, from the Department of Water and Sanitation (DWS) for water use activities in terms of Section 21 of the NWA, specifically relating to the project activities associated with river/stream crossings, water abstraction exceeding levels prescribed by General Authorisations and encroachment on wetlands or riparian zones. Licences from DAFF to cut, destroy, prune, etc. a forest tree in terms of Section 7 of the NFA and also to cut, destroy, etc. any of the 47 protected tree species that may occur inside or outside forests in terms of Section 15 of the NFA. Application could be made for a blanket licence to cut forest and protected trees within the entire road reserve, or for sections of the proposed route; Approvals/permits from the South African Heritage Resources Agency (SAHRA) (and its relevant units ) and the relevant provincial heritage authorities relating to heritage resources (such as burial grounds and graves, archaeological sites etc.); In terms of mining activities, the Minister responsible for mineral resources implements the provisions of the environmental legislation in this regard, including issuing of environmental authorisations for mining activities (e.g. borrow pits) in terms of NEMA. Authorisation from the relevant regional office of the Department of Mineral Resources (DMR) must thus be obtained for extraction of any construction materials; Atmospheric Emission Licences (AELs) from the relevant authorities for the operation of on-site asphalt plants in terms of the NEM:AQA; Permits from the Department of Agriculture, Forestry and Fisheries (DAFF) for the removal, relocation or pruning of any protected plants. The principles of search and rescue of species must be explored prior to removal; Permits from the relevant provincial conservation authorities to destroy or remove any protected indigenous plants listed in relevant Nature Conservation Ordinances/Decrees. The principles of search and rescue of species must be explored prior to destruction or removal; Health permits for hostels and sanitation (provincial health authorities); and Blasting permits (obtained from DMR for borrow pits and quarries and from the Chief Inspector of Explosives Unit (SAPS) for earthworks in road reserve). ROD item stipulates that copies of all permits or licences issued that have relevance to the environment must be provided to DEA for record purposes. CCA Environmental (Pty) Ltd 7 EMP

20 2.2 ENVIRONMENTAL STANDARDS All applicable environmental standards contained within the environmental legislation shall be adhered to. These include, but are not necessarily limited to, the following: National environmental management principles Section 2 of NEMA (as amended) sets out principles which apply to the actions of all organs of state that may significantly affect the environment. The following principles are, amongst others, of particular relevance to the proposed project: Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably; Development must be socially, environmentally and economically sustainable; Sustainable development requires the consideration of all relevant factors, including the following: that the disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be altogether avoided, are minimised and remedied; that pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied; that the disturbance of landscapes and sites that constitute the nation s cultural heritage is avoided, or where it cannot be altogether avoided, is minimised and remedied; that waste is avoided, or where it cannot be altogether avoided, minimised and reused or recycled where possible and otherwise disposed of in a responsible manner; that a risk-averse and cautions approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions; and that negative impacts on the environment and on people s environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimised and remedied; The right of workers to refuse work that is harmful to human health or the environment and to be informed of dangers must be respected and protected; The costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment; The vital role of women and youth in environmental management and development must be recognised and their full participation therein must be promoted; and Sensitive, vulnerable, highly dynamic or stressed ecosystems, such as coastal shores, estuaries, wetlands, and similar systems require specific attention in management and planning procedures, especially where they are subject to significant human resource usage and development pressure Duty of care and remediation of environmental damage Section 28 of NEMA (as amended) sets out provisions relating to the duty of care and remediation of environmental damage. Key provisions relevant to the project include, but are not limited to, the following: Every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing, or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment; The measures required in terms of the above provision may include measures to: investigate, assess and evaluate the impact on the environment; CCA Environmental (Pty) Ltd 8 EMP

21 inform and educate employees about the environmental risks of their work and the manner in which their tasks must be performed in order to avoid causing significant pollution or degradation of the environment; cease, modify or control any act, activity or process causing the pollution or degradation; contain or prevent the movement of pollutants or causant of degradation; eliminate any source of the pollution or degradation; or remedy the effects of the pollution or degradation; Control of emergency incidents Key provisions relating to the control of emergency incidents include, but are not limited to, the following (refer to Section 30 of NEMA (as amended)): The responsible person or, where the incident occurred in the course of that person s employment, his or her employer, must, as soon as reasonably practicable after knowledge of the incident: take all reasonable measures to contain and minimise the effects of the incident, including its effects on the environment and any risks posed by the incident to the health, safety and property of persons; undertake clean-up procedures; remedy the effects of the incident; and assess the immediate and long-term effects of the incident on the environment and public health. The responsible person or, where the incident occurred in the course of that person s employment, his or her employer, must, within 14 days of the incident, report to the Director-General, provincial head of department and municipality such information as is available to enable an initial evaluation of the incident Ambient air quality standards and guidelines As stated in ROD Item , asphalt plants are considered scheduled processes listed in the second schedule to the NEM:AQA. Asphalt (macadam) production is a listed activity (Subcategory 5.8) in terms of Government Notice No. 893 of 22 November 2013 (NEM:AQA - List of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage). New and existing plants are subject to different limits. The activities and resultant emissions from asphalt plants should not result in exceedances of the National Ambient Air Quality Standards (DEA, 2009: NEM:AQA National Ambient Air Quality Standards, Government Notice No of 24 December 2009) National dust control regulations These regulations prescribe general measures for the control of dust in all areas. Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the above dustfall standard must, upon receipt of a notice from an air quality officer, implement a dustfall monitoring programme (and compile a dustfall monitoring report) as per the requirements of the regulations. Any person who has, based on the monitoring programme (and report), exceeded the above dustfall standard must, within three months after submission of the monitoring report, develop and submit a dust management plan to the air quality officer for approval. The contents of such a dust management plan are stipulated in Regulation 6(2) of the regulations and include, amongst others, the following identification of all possible sources of dust within the affected site; detailing of the best practicable measures to be undertaken to mitigate dust emissions; and identifying the line management responsible for implementation. CCA Environmental (Pty) Ltd 9 EMP

22 2.2.6 Noise Control Regulations In terms of Schedule 3(d) of the national Noise Control Regulations: No person shall build a road or change an existing road, or alter the speed limit on a road, if it shall in the opinion of the local authority concerned cause an increase in noise in or near residential areas, or office, church, hospital or educational buildings, unless noise control measures have been taken in consultation with the local authority concerned to ensure that the land in the vicinity of such road shall not be designated as a controlled area. Therefore, if the predicted noise due to the proposed development is likely to cause the noise level on surrounding land to exceed 65 dba, noise mitigation measures would need to be implemented to ensure that noise levels on affected land are reduced so as not to exceed 65 dba Blasting Regulations and Standards Adherence to all relevant statutes and regulations that control the use of explosives should be ensured wherever blasting activity is required on the site (including quarries and/or borrow pits). According to Section 67 of the MPRDA Regulations of 23 April 2004, as amended, a holder of a right or permit in terms of the MPRDA must comply with the provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), as amended, as well as other applicable law regarding blasting, vibration and shock management and control Taking of water from a water resource (abstraction of water) Notwithstanding the licence/permit requirements in terms of the NWA (refer to Section above), Section 39 of the NWA establishes a procedure to permit the use of water by publishing General Authorisations in the Gazette. Government Notice No of 8 October 1999 (as revised and amended by Government Notice No. 399 of 26 March 2004) replaced the need for a water user to apply for a licence in terms of the NWA for, amongst others, the taking of water from a water resource (Schedule 1) provided that the taking of water is within the limits and conditions set out in the authorisation (note, however, that certain areas are excluded from General Authorisation for the taking of surface water). According to Section 1.8 of Schedule 1 (of GN No. 399 of 26 March 2004), a person who uses water in terms of the authorisation must submit to the responsible authority a registration form or any other information requested in writing by the responsible authority for the registration of the water use before commencement of taking more than 50 cubic metres from surface water or 10 cubic metres from groundwater on any given day. Adherence to the stipulated conditions should be ensured Impeding or diverting the flow of water in a watercourse and altering the bed, banks, course or characteristics of a watercourse Government Notice No of 18 December 2009 replaced Government Notice No. 398 of 26 March 2004 in terms of authorising all or any category of persons to use water in respect of Sections 21(c) and (i) of the NWA, subject to the conditions set out in the Schedule thereto (note, however, that certain areas are excluded from General Authorisation for these water use activities). Adherence to the conditions stipulated in the Schedule should be ensured Control of alien vegetation Government Notice R1048 of 25 May 1984 (as amended by Government Notices R2687 of 6 December 1985 and R280 of 30 March 2001) deals with Regulations promulgated in terms of CARA. In addition to CARA, the Alien and Invasive Species Regulations, 2014 (A&IS) were published under Government Notice CCA Environmental (Pty) Ltd 10 EMP

23 R598 of 1 August 2014 (effective as from 1 October 2014) under NEMBA. Further to the Regulations, a list of alien and invasive species, the Alien and Invasive Species List, 2014, under Government Notice R590 of 1 August 2014 was published. The Regulations must thus be read together with the A&IS list. The main difference between NEMBA and CARA is that the latter is aimed at the preservation of natural agricultural resources with a view to ensure the maintenance of the production potential of land, which may be affected by weeds and invader plants. CARA only applies in respect of flora (invader plants and weeds), not fauna. NEMBA, on the other hand, is an environmental statute that has a wider scope of the preservation of natural ecological systems (both flora and fauna) of South Africa (within the principles and obligations of environmental and natural resources protection espoused by NEMA. Where there is conflict between CARA and NEMBA, the latter prevails Control of development affecting natural forests The DAFF has developed a set of Policy Principles and Guidelines for Control of Development Affecting Natural Forests (2008) to serve as the basis for decisions and comments made by forestry staff in all regions when dealing with development proposals, land use planning and EIAs affecting natural forests. The policy and guidelines aid the proper implementation of existing legislation, especially the NFA (as amended), which provides the strongest and most comprehensive legislation and mandate for the protection of all natural forests in South Africa. Developments affecting natural forests are also subject to a licence application NHRA Regulations Government Notice No. R548 of 2 June 2000 (promulgated in terms of section 25 of the NHRA) contain, amongst others, the following minimum qualifications and standards of practice with regard to permit applications for burial grounds and graves (Chapter IX): A permit will be issued only for exhumation or removal that is to be done: Under the supervision of a qualified archaeologist or person approved by the relevant heritage resources authority; With due respect for any human remains and the customs and beliefs of any person or community concerned with such grave or burial ground and, when requested, in the presence of such person or community representative; and After arrangements have been made for the re-interment of any human remains and the re-interment or curation of any other contents of such grave or burial ground, to the satisfaction of SAHRA or the relevant heritage resources authority, in accordance with Guidelines. CCA Environmental (Pty) Ltd 11 EMP

24 3. ADMINISTRATION, MANAGEMENT, MONITORING AND AUDITING OF ENVIRONMENTAL OBLIGATIONS 3.1 MANAGEMENT STRUCTURE The management structure for the implementation, monitoring and auditing of the environmental obligations of the EMP is presented in the organogram below. All official communication and reporting lines including instructions, directives and information shall be channelled according to the management structure. Authority DEA ROD and EMP Environmental Auditor Authorities Coordination Committee Environmental Monitoring Committee Applicant SANRAL Engineer Project Environmental Manager Site Environmental Control Officer Environmental Control Officer (s) 3.2 ROLES AND RESPONSIBILITIES Environmental authority (DEA) DEA is the designated authority responsible for approving this EMP and has overall responsibility for ensuring that the Applicant complies with the EMP and any conditions listed in the ROD. DEA shall also be responsible for approving any substantive amendments that may be required to the EMP and may also perform random site inspections to check compliance with the EMP Applicant (SANRAL) The Applicant, SANRAL, is ultimately responsible for the implementation of the EMP and the associated financial costs in this regard. SANRAL must ensure that any person acting on its behalf complies with the conditions/specifications contained in the EMP, as appropriate. SANRAL is also ultimately responsible for the appointment of all the required environmental management personnel. SANRAL shall address any site problems pertaining to the environment at the request of DEA, the Engineer, Project Environmental Manager (PEM) and/or Environmental Control Officer (ECO). The ECO shall be appointed at least one month prior to the commencement of any specific construction contract. The name CCA Environmental (Pty) Ltd 12 EMP

25 and contact details of the ECO must be announced and forwarded to DEA before construction commences (ROD Item ). The ECO shall remain employed until all rehabilitation measures, as required for implementation due to construction damage, are completed Engineer The Engineer shall oversee the planning, design and construction phases of the project. The Engineer shall assign a Resident Engineer (RE) to act as on-site implementing agent. The RE shall ensure that the Engineer s responsibilities are executed in compliance with the EMP. Any on-site decisions regarding environmental management are ultimately the responsibility of the RE. The RE shall assist the PEM and/or ECO where necessary and shall have the following responsibilities in terms of the implementation of this EMP: Reviewing and approving the s Method Statements with input from the PEM and/or ECO where necessary; Taking action if specifications are not followed; Keeping a photographic record of construction activities on site; Assisting the in finding environmentally responsible solutions to problems with input from the PEM and/or ECO where necessary; Ordering the removal of person(s) and/or equipment not complying with the EMP specifications; Issuing spot fines, where deemed appropriate, for transgressions of site rules of the EMP; Delaying any construction activity if he/she believes the environment has been or is likely to be seriously harmed/impacted; Providing input into the PEM s and ECO's ongoing internal review of the EMP; and Communicating environmental issues to the. The Engineer shall address any site problems pertaining to the environment at the request of the PEM and/or ECO. The Engineer shall also be responsible for ensuring that any contraventions of the EMP are addressed in the most appropriate manner The shall have the following responsibilities in terms of the EMP: Implement all applicable provisions of the EMP. If the encounters difficulties with specifications, he/she must discuss alternative approaches with the RE, PEM and/or ECO prior to proceeding; Ensure that all staff and sub-contractors are familiar with the provisions of the EMP; Make personnel aware of environmental issues and to ensure they show adequate consideration of the environmental aspects of the project; Prepare and/or update the required Method Statements; Report any incidents of non-compliance with the EMP to the RE, PEM and/or ECO; and Rehabilitate any sensitive environments damaged due to the s negligence. This shall be done in accordance with the RE s, PEM s and ECO s specifications. Failure to comply with the EMP may result in fines and reported non-compliance may result in the suspension of work or termination of the contract by the Engineer. Compliance with the relevant provisions contained herein or any relevant conditions imposed by the ROD and any additional environmental approvals/licences/permits for the project shall become the responsibility of the through a suitably qualified and experienced Site Environmental Control Officer (SECO). The CCA Environmental (Pty) Ltd 13 EMP

26 appointment of the SECO shall be subject to the approval of SANRAL. Furthermore, ROD Item also requires that a representative of the should serve on the Environmental Monitoring Committee (EMC) Project Environmental Manager (PEM) ROD Item stipulates that the Applicant must appoint a PEM for the planning and construction phases of the project. The PEM must be an independent consultant and must be permanently on the site to support and assist the ECOs during the period of construction. The qualifications and terms of reference of the PEM shall include the following: Have a tertiary qualification in the natural sciences and a proven track record in environmental contract management on large projects. Assist the ECOs to formulate the most effective and structured monitoring and reporting strategy, tailored to the conditions of the contract; With the ECOs, review the Method Statements prepared, in terms of compliance with the final construction EMP, and ensure that these are sufficient to meet the outcomes that are required; Assist the ECOs to prepare the monthly monitoring reports; Report to and discuss with the relevant authorities any significant non-compliance and the steps to be taken to rectify this; Interact with and provide all necessary assistance to the environmental auditor to complete the tasks required for the quarterly independent audits; and Serve as secretariat of the ACC. The PEM shall thus oversee the overall implementation of the EMP in accordance with the requirements of the ROD and shall: Be responsible for the further development and finalisation of this EMP in consultation with Be responsible for the overall implementation of the EMP in accordance with the requirements of DEA; Ensure that adequate and competent environmental staff is on site at any construction activity during construction works; Ensure that all third parties who carry out all or part of SANRAL s obligations comply with the requirements of the EMP; Ensure that any further environmental approvals/licences/permits required for the design, construction and operation of the proposed N2 Wild Coast Toll Highway are obtained, as appropriate; Be responsible for submitting the required written notices to DEA and the relevant provincial environmental departments, as per the relevant conditions of the ROD, and Submit a compliance report to DEA (per completed section of the highway) six months after the final Taking Over Certificate and a final compliance report 18 months after the Final Completion Certificate has been issued. The compliance must indicate the date on which the construction was completed and detail compliance with the conditions of the ROD and status of the rehabilitation programme Environmental Control Officer SANRAL shall appoint a suitably qualified ECO for the construction phase of any specific construction contract and, where required, for relevant operational/expansion works thereafter. The terms of reference of the ECO must comply with the requirements of the EMP and any subsequent amendments approved by DEA (ROD Item ). The roles and duties of the ECO shall include, inter alia, the following: Helping individual employees to meet their immediate responsibility for environmental management within his or her area of work, albeit that managers and supervisors of line functions are ultimately responsible for environmental management, not the ECO who is an adviser, coordinator, facilitator and guide (ROD Item ); CCA Environmental (Pty) Ltd 14 EMP

27 Oversee and monitor adherence to and implementation of the final construction EMP, Method Statements and other required plans as well as compliance with the relevant conditions contained in the ROD and the mitigation measures, recommendations and conditions stipulated in the Final EIR and its supporting documentation dated December 2009 (ROD Item ); Report to the PEM, the Environmental Monitoring Committee (EMC) and the ACC on a regular basis as decided by these parties in the form of an Environmental Management Compliance Report (EMCP) (ROD Item ); Advising the and/or the RE on environmental issues within defined construction areas; Undertaking regular site visits to ensure compliance with the EMP and verifying that environmental impacts are avoided or kept to a minimum throughout the contract; Completing environmental checklists during site visits; Keeping a photographic record of progress on site from an environmental perspective; Assisting the and/or the RE in finding environmentally acceptable solutions to construction problems; Recommending additional environmental protection measures should this be necessary; Giving a report back on any environmental issues at site meetings; Reporting any incidents that may or have caused damage to the environment or breaches of the EMP; and Prepare an environmental audit report at the conclusion of the construction phase. The ECO shall communicate directly with the RE and PEM. Should problems arise on site that cannot be resolved between the ECO, RE and PEM, the ECO shall take the matter up with SANRAL. If SANRAL does not respond the ECO shall take the matter up with DEA Site Environmental Control Officer (SECO) Each that carries out any construction activities for SANRAL shall be required to dedicate a suitably qualified environmental officer (SECO), who shall be the responsible person for the implementation of the environmental provisions of the specific construction contract. The SECO s duties shall include, inter alia, the following: Monitoring and verifying that the EMP and Method Statements are adhered to at all times and taking action if specifications are not followed; Conducting environmental awareness training and helping individual employees to meet their immediate responsibility for environmental management within his or her area of work, albeit that managers and supervisors of line functions are ultimately responsible for environmental management; Monitoring and verifying that environmental impacts are avoided or kept to a minimum; Assisting the, RE, PEM and ECO in finding environmentally responsible solutions to problems; Inspecting the site on a daily basis with regard to compliance with the EMP; Keeping accurate and detailed records of these inspections; Ensuring that the following are maintained on site: A daily site diary; A non-conformance register; A public complaints register; and A register of audits Reporting any non-compliances with the EMP to the RE, PEM and ECO; Keeping a register of complaints on site and recording community comments and issues, and the actions taken in response to these complaints; and Record and communicate environmental incidents (as they occur) to the RE, PEM and ECO and maintain records thereof. CCA Environmental (Pty) Ltd 15 EMP

28 3.2.8 Environmental Auditor SANRAL shall appoint a suitably qualified, independent Environmental Auditor to audit the construction activities in terms of the relevant EMP provisions. The auditor must be an independent consultant registered with a recognised agency. The auditor s duties shall include, inter alia, the following: Audit compliance to the EMP and other specifications as follows: At the end of the design phase to verify compliance with the EMP (including ROD) requirements, as appropriate; On a quarterly basis during the construction phase. The quarterly audit reports must be distributed to DEA, the relevant provincial environmental departments, the ACC and the EMC. The audit reports must be available to I&APs on request (ROD item ); At the completion of the construction phase (post construction). The audit report must be submitted to DEA, the relevant authorities and the ACC within 30 days after completion of the said audit. The audit must, as a minimum, evaluate adherence to the relevant conditions contained in the ROD and other provisions. The audit must indicate any evidence of accelerated erosion or infestation by alien invasive plant species caused by construction, the severity of these problems and how they should be managed (ROD Item ); and On an annual basis after completion of the construction phase. If the audits show no significant problems, they may be discontinued at the discretion of DEA, or may be limited to the specific areas and/or timeframes where problems require ongoing monitoring and action by SANRAL (ROD item ) Authorities Coordination Committee (ACC) ROD Item stipulates that SANRAL shall convene an ACC quarterly or as agreed upon with DEA during the planning and construction phase of the project and shall in addition to representation from the ECOs, invite representation from the following authorities: DEA; KwaZulu-Natal Department of Agriculture and Environmental Affairs (DAEA); Eastern Cape Department of Economic Development and Environmental Affairs (DEDEA); DWS; DAFF; DMR; Ezemvelo KZN Wildlife; Eastern Cape Parks and Tourism Authority (ECPTA); South African National Parks (SANParks); Relevant local authorities; and SAHRA. This committee (with the PEM fulfilling the role of secretariat) shall serve as a forum for the discussion and coordination of project-related issues and for timeous dissemination of information about progress on the project to the key authorities. The composition of the committee may be changed if circumstances justify it. Regarding the latter, and in light of the current project programme excluding the KwaZulu-Natal portion, it is anticipated that no representation from KwaZulu-Natal authorities listed above (as stipulated in the ROD) would be required on the ACC. Independent specialist consultants must be called upon when, in the opinion of the PEM, auditor, ACC or DEA, there is a need for expert opinion during the monitoring of the construction and operation phases (ROD Item ). CCA Environmental (Pty) Ltd 16 EMP

29 Environmental Monitoring Committee (EMC) SANRAL shall establish an EMC for the duration of the construction phase. The ROD (Item 6.2.5) specifies the following in terms of the functioning of the EMC: The EMC must meet on a quarterly basis or as decided by the members of the EMC; The EMC must be chaired by an independent chairperson appointed by the EMC and must consist of representatives of the key authorities (i.e. DEA, relevant provincial environmental authorities, DWS and relevant local municipalities etc.), the ECO(s), a representative of the Tribal Authorities and the main contractor; SANRAL must supply the secretariat services for the EMC; The EMC must report to the Director: Environmental Impact Management at DEA from the start of the project until completion of the construction phase; and All costs associated with the functioning of the EMC and secretariat services shall be borne by SANRAL. The purpose of the EMC would be to execute the following: To monitor and audit the project compliance with specific conditions of the environmental authorisation and the requirements of the approved EMP; To make recommendations to the Director at DEA on issues related to the monitoring and auditing of the project implementation; and To advise DEA on issues related to non-conformance reports raised against SANRAL by the ECO(s) Specialist environmental service provider (s) Specialist input may be required from time to time during the construction and operational phases of the project. 3.3 REPORTING AND RECORD-KEEPING Administration A list of environmental reports and/or documents related to the EMP which have been, and are likely to be, generated during the planning and implementation of the project is set out below for reference purposes: The Final EIR for the N2 Wild Coast Toll Highway and associated ROD (as well as Minister s Decision on Appeals); Supplementary Archaeological Survey Report, Palaeontological Impact Assessment Report; Updated Aquatic Impact Assessment Report; Final EMP; All communications detailing changes of design/scope that may have environmental implications; Weekly and monthly site monitoring reports; Complaints register; Training records, including attendance registers; Incident and accident reports; Emergency preparedness and response plans; Permits and legal documents; Monthly site meeting minutes during construction; Method Statements for river crossings; The ROD and all subsequent environmental authorisations, as appropriate; and Audit reports. CCA Environmental (Pty) Ltd 17 EMP

30 3.3.2 Method Statements The ROD stipulates the following regarding Method Statements: The Applicant must prepare and submit detailed Method Statements, which are required to be implemented in order to meet the required environmental specifications (Item ) see Appendix B for relevant Method Statements in relation to aquatic ecosystems; The Applicant shall ensure that all the Method Statements are reviewed by the PEM and the ECO prior to submission for approval (Item ); The Applicant must submit all Method Statements to DEA and/or other relevant authorities for approval prior to the activity taking place (Item ); and The development and implementation of Method Statements must be contractually binding (Item ). Relevant Method Statements are included in Appendices B. Any additional Method Statements which may be required will be approved by the Engineer, with input from the PEM and ECO Document Control SANRAL shall also ensure that documents related to the EMP are periodically reviewed and revised, where necessary, and that current versions are available at all locations where operations essential to the functioning of the EMP are performed. All documents shall be made available to the external auditor or authorities within seven days of request. The ROD stipulates the following in this regard: A copy of the authorisation, the Final EIR dated December 2009 and the approved Final EMP must be available at the project site offices during construction and all staff, contractors and sub-contractors must be familiar with or be made aware of the contents of the authorisation (Item ); and Compliance/non-compliance records must be kept and must be made available on request from the authorities (Item ) Notification to relevant environmental authorities Written notices should be submitted to DEA and the relevant provincial environmental departments in the following instances, as per the stipulations of the ROD: Two weeks written notice must be given before the commencement of construction activities. The notice shall make clear reference to the site location details and DEA reference number. The notice must also contain proof of compliance with the conditions of the ROD as appropriate (Item 6.1.6); Two weeks written notice must be given before the commencement of the operation of the road. The notice shall make clear reference to the site location details and DEA reference number. The notice must also contain proof of compliance with the conditions of the ROD as appropriate (Item 6.1.7); Within 24 hours thereof, if any condition of the authorisation is not complied with (Item ); Within 30 days thereof, of any change of ownership and/or project developer. Conditions imposed in the ROD must be made known to the new owner and/or developer and are binding on the new owner and/or developer (Item ); Of any change of address of SANRAL (Item ); CCA Environmental (Pty) Ltd 18 EMP

31 Copies of all permits or licences issued to SANRAL that have relevance to the environment must be provided to DEA for record purposes. The relevant environmental conditions of these permits or licences must be incorporated into the final EMP (Item ); and The names and contact details of the ECOs must be announced and forwarded to DEA before construction commences (Item ). 3.4 ENVIRONMENTAL TRAINING AND AWARENESS personnel shall be adequately trained with regard to the implementation of the EMP, as well as regarding environmental legal requirements and obligations. All construction personnel shall attend an induction course presentation on environmental awareness. Where possible, presentations need to be conducted in the language of the employees. The environmental training should, as a minimum, include the following: The importance of conformance with all environmental requirements; The significant environmental impacts, actual or potential, as a result of work activities; The environmental benefits of improved personal performance; Roles and responsibilities in achieving conformance with the environmental policy and procedures, including emergency preparedness and response requirements; The potential consequences of departure from specified operating procedures; The mitigation measures required to be implemented when carrying out their work activities; The importance of not littering; The need to use water sparingly; Details of, and encouragement to, prevention or minimisation of the production of waste and re-use, recover and recycle waste where possible; Details regarding archaeological and/or historical sites which may be unearthed during construction, and the procedures to be followed should these be encountered; The procedures which should be followed should a grave be encountered or unearthed during the construction phase; Details regarding no-go and sensitive areas, flora and fauna of special concern (including protected/endangered plant/tree and animal species), and the procedures to be followed should these be encountered during the construction phase. A qualified botanist should compile a simple plant identification manual that illustrates the differences between indigenous and invasive plant species; and Details of responsible persons and responses to be undertaken for emergencies and/or incidents. Environmental awareness training programmes should be targeted at three distinct levels of employment, i.e. the executive, middle management and labour. Environmental awareness training programmes should contain the following information: The names, positions and responsibilities of personnel to be trained; The framework for appropriate training plans; The summarised content of each training course; and A schedule for the presentation of the training courses. The shall ensure that records of all training interventions are kept as set out in this EMP. The training records shall verify each of the targeted personnel s training experience. CCA Environmental (Pty) Ltd 19 EMP

32 3.5 PERFORMANCE INDICATORS AND TARGETS ROD Item stipulates that the applicable conditions of the ROD must form part of all contractors and sub-contractors conditions of contract. A performance-based requirement with regard to environmental impact management must be included in all contracts related to any aspect of the environmental authorisation. SANRAL must carry out regular environmental audits to establish compliance with the conditions of the authorisation and contracts. In the event of non-conformance, SANRAL must institute an appropriate penalty based on a penalty system developed by SANRAL and included as an annexure in the contract (ROD Item 6.1.8). The is deemed not to have conformed to the provisions of the EMP if: There is evidence of contravention of the EMP specifications within the boundaries of the construction site, site extensions and haul/access roads; There is contravention of the EMP specifications which relate to activities outside the boundaries of the construction sites; Environmental damage occurs due to negligence; activities take place outside the defined boundaries of the site; The fails to comply with corrective or other instructions issued by the RE within a specific time period; and/or There is a complaint from the local environmental authority with respect to non-conformance that has not been adequately addressed after a valid instruction from the RE to rectify the complaint. The shall timeously notify SANRAL, the Engineer, PEM and/or ECO of the details of any nonconformance and the measures taken to rectify the situation. The Engineer shall, prior to the effective date, submit to SANRAL, PEM and/or ECO a penalty system in order to effectively manage non-conformance with the EMP. The penalty system should include withholding of payment to the should repeated environmental damage be caused by non-adherence to the EMP. It should also provide for the Engineer to have the power to remove from site any person who is in contravention of the EMP. SANRAL may impose fines for any of the transgressions proposed fines are presented in Appendix E. These transgressions, along with the appropriate guidelines to determine the fines, shall be agreed to by SANRAL with input from the Engineer, PEM and/or ECO. Such fines will be issued in addition to any remedial costs incurred as a result of non-conformance as confirmed by the Engineer, PEM or environmental auditor. It should be noted, however, ROD Item 7.9 recommends that SANRAL must not simply consider fines and penalties as means of enforcing environmental compliance, but think creatively in terms of incentives and rewards for good housekeeping and continual improvement in environmental management. Thus, consideration should be given to the development and implementation of a suitable system of awards to serve as recognition of meritorious environmental practice by the. 3.6 EMERGENCY PREPAREDNESS SANRAL shall ensure compliance with the emergency preparedness and incident and accident-reporting requirements, as required by the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), NEMA, the National Water Act, 1998 (Act No. 36 of 1998) and the National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998), as amended, and/or any other relevant legislation. CCA Environmental (Pty) Ltd 20 EMP

33 If a reportable incident occurs as a result of construction activities, the local emergency services must be immediately notified of the incident. The PEM and ECO shall define a reportable incident, on the basis of the quantity (more than 50 l) and hazard rating of the material, and the sensitivity of the spill site. The following information must be provided: The location; The nature and quantity of the load; and The status at the site of the accident itself (i.e. whether further leakage is still taking place, whether the vehicle or the load is on fire). Written records must be kept on the corrective and remedial measures decided upon and the progress achieved therewith over time. Such progress reporting is important for monitoring and auditing purposes. The written reports may be used for training purposes in an effort to prevent similar future occurrences. 3.7 PUBLIC COMMUNICATION AND LIAISON WITH INTERESTED AND AFFECTED PARTIES SANRAL shall establish a process to engage in an ongoing manner with relevant stakeholders. The process shall provide an opportunity for I&APs to submit comments, identify issues and express concerns regarding the implementation of the project. The ROD stipulates the following with regard to cooperation, communication and information: The Applicant must submit a detailed Communication Strategy/Plan, after input was obtained from the ACC and the EMC, to DEA for approval prior to completion of final design. Such a plan must clearly indicate, amongst others, the mechanisms that will be used to involve local government, community forums, affected parties and interested parties and the mechanisms that will be used to facilitate two-way communication between the Applicant and the above parties regarding project progress, environmental performance, adherence to conditions of the ROD and risk communication and management where applicable (Item ); and I&APs must be given further opportunities to comment on any additional environmental issues identified during the lifetime of the project. Public consultation must be undertaken on an ongoing basis in order to inform final design especially concerning details of accesses, under- and overpasses, service roads, fences and barriers and other safety measures, to ensure that complaints and concerns can be addressed during construction and operation of the road (Item ) Information Distribution Copies of the EMP shall be made available to all members of the EMC, the and on the SANRAL website. Other copies shall be distributed to all senior contract personnel. All senior personnel on the construction site will be required to familiarise themselves with the contents of the document. The final EMPs and other required plans must be made available to I&APs upon request. Also, SANRAL must apply measures to ensure construction and maintenance crews take ownership of the environmental management relevant to their work as per recommendations in the EMP. SANRAL shall ensure that information is provided to, and received from, I&APs in an ongoing manner, as per the requirements of its Communication Plan. CCA Environmental (Pty) Ltd 21 EMP

34 3.7.2 Information Boards The shall be responsible for erecting information boards on site. The information board will essentially be to advise the public of the construction activity and the prohibition of entering certain areas. The information boards shall also provide the name and contact number of the s responsible person, to ensure that the public has ready access to the to ask for information and/or to lodge any complaints Complaints Register ROD Item stipulates that a protocol for the management of complaints must be developed and included in the EMP. Any complaint from the public during the construction phase must be attended to as soon as possible. SANRAL shall ensure that a complaints register is established and maintained during the construction and operation of the project, together with any necessary actions taken to address issues raised. The register shall contain the contact details of the person who made the complaint and information regarding the complaint itself, including the date of submission. The register shall be produced upon request. CCA Environmental (Pty) Ltd 22 EMP

35 4. ENVIRONMENTAL SPECIFICATIONS: DESIGN 4.1 INTRODUCTION This chapter of the EMP sets out environmental specifications which are required to be implemented during the design phase of the project. Key mitigation measures relevant to the design of the relevant project components, as per the findings and recommendations of the Final EIR for the project and the ROD, are incorporated as appropriate. 4.2 ENVIRONMENTAL MANAGEMENT MEASURES - DESIGN The environmental management measures applicable to the design of the project are presented in Table 4.1 overleaf. In order to facilitate monitoring and auditing, the table has been structured to indicate the aspect (or impact) to be addressed, the environmental management measure to be implemented and the parties responsible for implementation. The following aspects are addressed: Biodiversity Offset Agreement Earthworks and layerworks Ecological impact management Drainage Heritage impact management Erosion control Social impact management Cut and fill slopes Noise impact management Pollution prevention and control Air Quality impact management Access requirements Visual impact and lighting management Safety and security Planning/development impact management Tourism management Site camps and site layout plans Road layout plans and design Access/haul roads The list of requirements may include measures which already form part of SANRAL s standard road design guidelines. CCA Environmental (Pty) Ltd 23 EMP

36 Table 4.1: Environmental specifications applicable to the design phase of the project, with identification of responsible party (-ies), as appropriate ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE 1. BIODIVERSITY OFFSET AGREEMENT General Plant Search and Rescue in greenfields sections In compliance with ROD Items and , a compliant Biodiversity Offset Agreement has been duly completed by SANRAL during March SANRAL should ensure that the requirements of the Biodiversity Offset Agreement are implemented effectively and adequately monitored In compliance with ROD Item , SANRAL has duly appointed a botanist to compile a Search & Rescue Plan which is appended to this EMP as Appendix C. Compliance with the requirements of the Search & Rescue Plan should be ensured and adequately monitored 2. ECOLOGICAL IMPACT MANAGEMENT Areas of specific importance Ecological impact management The ecological sensitivity of habitats along the road alignment is shown in Figures 4.1 and 4.2. Highly sensitive areas include the approaches to the Msikaba, Mthentu, Mnyameni, Mpahlane and Mzamba rivers Identified no-go areas include the following: Rocky outcrops in particular those on the south and north sides of the Msikaba and Mthentu river gorges, as well as the Mnyameni and Mzamba rivers, which have high conservation status and contain a large number of Species of Special Concern Forests (gorges and margins) these tend to occur on the south and north sides of the Msikaba, Mthentu, Mnyameni, Mpahlane and Mzamba river gorges Wetlands special care should be taken to avoid damage to palustrine seepage wetlands occurring along the route, where possible Protea savanna an emerging protea savannah/scrub vegetation type occurs at both the south and north sites of the Mthentu River bridge. Damage to this vegetation must be limited to the pier sites, while no-go areas should be designated between them. In particular, work areas for piers 8 and 9 of the Mthentu River bridge should not exceed the designated footprint. The boundaries of the footprint shall be fenced and no access to areas beyond this boundary should be permitted The following restrictions shall apply in all areas identified as being of high ecological sensitive: Restrict construction activities within the designated road reserve (width of construction corridor to be finalised during final detailed design, but to be as narrow as possible) Site-specific ecological appraisals should be undertaken prior to any work commencing in areas of high ecological sensitivity, as required, in order to demarcate no-go areas No spoil areas shall be located in identified no-go areas No construction camps shall be established in the identified no-go areas Limited construction activities (including new haul roads) shall only be permitted outside the road reserve after approval by the Engineer, and only if deemed of critical importance No sensitive vegetation shall be removed unless in accordance with the Plant Search & Rescue Plan Appendix C) No damage to forest patches shall take place as far as possible In compliance with ROD Item , an Alien Invasive Control Programme has been compiled see Appendix D. Compliance with the requirements of the Programme should be ensured and adequately monitored SANRAL SANRAL Engineer SANRAL Design Design; Design; CCA Environmental (Pty) Ltd 24 EMP

37 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE Sensitive ecological areas adjacent to the approved road alignment should be regarded as no-go areas unless approved by the Engineer Stockpiles, site offices and other required infrastructure should be located appropriately in order to limit damage to sensitive areas Search and rescue of any valuable taxa (protected, threatened, endemic, medicinal etc.) should be undertaken within the construction footprint, where appropriate. The relocation of plant species must be fully addressed in the final construction EMP in respect of responsibility (ROD Item ) Note: The Plant Search & Rescue Plan (Appendix C) provides the required details in this regard ROD Item stipulates that all rare, endangered and endemic species and species of conservation value in the road reserve must be translocated, in close co-operation with the National Botanical Institute (NBI), to a suitable nursery with the aim to be re-established in a national botanical garden that is to be created in the Pondoland Centre of Endemism or a suitable existing conservation area. Note: This condition has been taken into account in the compilation of the Plant Search & Rescue Plan (see Appendix C) Obtain all necessary permits prior to construction (e.g. for removal of protected species) Ensure that vegetation clearing is minimised and restricted to the area required for road construction purposes only Ensure that indigenous species are retained, where possible, along the alignment Ensure cleared indigenous vegetation is chopped and mulched for use in revegetation Ensure that s are made aware of the environmental issues and associated risks prior to commencement of construction Design and implement erosion and sedimentation control measures in order to protect habitats. For example, consider drainage of road runoff through grassy channels as an erosion and sedimentation control measure Avoid disturbances to the breeding colonies of the Cape Griffon Vulture (refer to Figure 1.2) - air and road traffic should observe the maximum possible exclusion zone around the Msikaba colony. Collaborate with the Vulture Study Group regarding any additional mitigation, monitoring and management requirements which may be required Rest stops and associated structures should not be placed adjacent to forests due to the increased fire risks and should be kept free from broken bottles, cigarettes etc. Underpasses should be large enough to allow maintenance of water flow and soil dynamics, and to serve as migratory paths for small animals Road kills, which can attract vultures, must be prevented by proper fencing. Measures must be developed and implemented to ensure that road kills do not occur and if they occur, that proper management measures are in place to address the potential negative impacts (ROD Item ) Steps must be taken in conjunction with conservation authorities to protect or translocate any animal populations encountered during project implementation Fauna PEM; ECO Design; CCA Environmental (Pty) Ltd 25 EMP

38 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE Aquatic ecosystems In compliance with ROD Item , all wetlands in the greenfields sections have been delineated (as part of the updated Aquatic Impact Assessment - refer to Section 1.3) by a suitably qualified wetland specialist, and specific mitigation measures for each wetland class have been compiled. Relevant mitigation measures (specifications) are included in the Supplementary EMP for Aquatic Ecosystems (Appendix B) and should be implemented, as appropriate to the construction phase of the project Clearing of vegetation should be scheduled for the drier winter months and limited to areas immediately needed for construction Where wetlands cannot be avoided, any loss of wetland structure and functioning must be compensated. Note: The above-mentioned Biodiversity Offset Agreement includes any offset requirements associated with potential impacts on aquatic ecosystems Ensure that no flows are altered, i.e. flows are not diverted or impounded by the physical structure of the road Bridges should, if at all possible, span the entire width of the channel and floodplain so as to avoid disturbance to the riparian zones of rivers. Pillars, columns or bridge buttresses should not be placed in instream or riparian zones, if at all possible. The number and width of pillars, vertical columns and buttresses placed within the river channel and floodplain should be minimised Adequate drainage must be included in the road design so as to ensure effective drainage of wetland areas Sensitive areas, where the possibility of impact is high, should be monitored before and after construction so as to detect changes in the present state of aquatic biota, as appropriate (see Appendix B for further requirements in this regard) The design and construction of a surface stormwater drainage system must be done in a manner that would protect the quality and quantity of the downstream system. The use of swales, which could then be grassed for the operational phase, is recommended as the swales would attenuate runoff water (ensure that water released off-site is off a better quality) Toll plazas must be designed with oil traps to prevent any contamination of downstream areas All necessary measures in line with DWS procedures and requirements must be implemented where deeply incised gorges and any watercourses (i.e. streams, rivers etc.) will be crossed (ROD Item ) 3. HERITAGE IMPACT MANAGEMENT Supplementary archaeological inspection In compliance with ROD Item , SANRAL appointed a heritage practitioner to undertake a supplementary inspection of limited sections of the approved alignment, in different terrain types, with the objective of determining areas identified as sensitive in terms of the discovery of any heritage resources. The resultant report (dated December 2012) was subsequently submitted to SAHRA and the Eastern Cape Provincial Heritage Resources Authority (ECPHRA) for consideration. Relevant heritage impact management requirements stipulated by the ECPHRA and SAHRA have been incorporated into this EMP, as appropriate ; PEM; ECO Engineer Design; Design; CCA Environmental (Pty) Ltd 26 EMP

39 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE Heritage impact management The farmhouse (Retreat) recorded along the route alignment between the Ndwalane Interchange and the proposed Mzimvubu River Bridge may be older than 60 years, at least in its original core, along with a few other homesteads. If they are older than 60 years, SANRAL will need to apply for a permit under Section 34 of the NHRA before any alterations are undertaken. The age of other industrial buildings in close proximity to Retreat must also be ascertained before demolition may occur It is advised that all graves older than 60 years identified within the road reserve or in close proximity (10 m) of the road reserve are avoided and rerouting be considered as an option. If this option proves unworkable, grave relocation may be considered as a last resort. Before relocation of burials may occur, a permit issued under Section 36 of the NHRA must be received from the ECPHRA. The compulsory 60-day public participation process will also need to be followed Since dense vegetation occurs between the Ndwalane and Ntafufu interchanges, these could not be inspected by the archaeologist thus, an ECO, trained by an archaeologist, must be present on site during all vegetation clearing activities in this section As per SAHRA requirements, a palaeontologist was appointed to update the original palaeontological study and to investigate whether monitoring etc. may be needed during construction for any road cuttings that were either highlighted as sensitive in the original specialist report or not assessed in that report relevant requirements in this regard have been included in this EMP. According to the palaeontologist, it was deemed inappropriate to undertake a survey of the greenfields sections before commencement of construction due to their extreme inaccessibility as well as minimum current outcrop rather, it was deemed that it would be far more productive to survey these areas during the late construction phase as the road works were likely to produce much more outcrop A Phase 2 palaeontological impact assessment must be undertaken for the shale layers in the Ecca Group in the proximity of the Mngazi River A Phase 2 palaeontological impact assessment must be undertaken on the significant palaeontological material (mostly fossilised bone) identified between East London and Mooiplaas in the Adelaide Subgroup A Phase 2 palaeontological impact assessment must be undertaken on the already identified fossils along the section close to the Mbashe River in the Katberg Formation, Tarkastad Subgroup, Beaufort Group For all Phase 2 palaeontological impact assessments, before any collections or excavations of fossil material may occur, the palaeontologist will require a mitigation permit in terms of Section 35 of the NHRA. SAHRA will make further recommendations regarding the sites upon receipt of a satisfactory Phase 2 mitigation report. The specialist may also apply for a destruction permit on behalf of SANRAL after the submission to SAHRA of the final Phase 2 report A palaeontologist must train the ECOs in the identification of fossil material, as appropriate A suitably experienced archaeologist and palaeontologist should undertake induction and training of the ECOs and relevant site management personnel in the identification and monitoring/recovery protocols for heritage resources (including marked and unmarked burial grounds and graves), as appropriate Design; Palaeontology / SAHRA requirements (as per Decision dated 19 July 2012) Engineer Design; Training and Awareness Design; CCA Environmental (Pty) Ltd 27 EMP

40 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE DEA notification Ensure that environmental induction/awareness courses for construction personnel include relevant heritage-related aspects to enable personnel to participate effectively in heritage resource management DEA must be kept abreast of all issues related to and discussed with SAHRA (ROD Item ) 4. SOCIAL IMPACT MANAGEMENT Social impact management SANRAL must ensure that key policies and plans (including appropriate monitoring regimes) on the employment, empowerment and skills development of local people are developed to effectively manage the key social issues associated with the project (ROD Item ) ROD Item stipulates that the land acquisition process must be conducted in terms of section 25 of the Constitution. The land acquisition process where relocation of settlements, communities and assets will take place (including compensation) must be finalised before construction on these specific sections of the road commences. A detailed Relocation Action Plan must be developed in consultation with the directly affected parties, including traditional leaders as well as the relevant authorities prior to the resettlement of communities or assets. The latter must be submitted to this department for record keeping purposes Carefully select and position over- and underpasses in consultation with local affected communities and parties. Ensure that central service nodes (schools, clinics, water points, etc.) remain easily and safely accessible 5. NOISE IMPACT MANAGEMENT General Key potential noise impacts are associated with the following: Noise impact management (as per ROD) and operation of the greenfields section between Ndwalane and the Ntafufu River; Ndwalane mainline and ramp toll plazas; Traffic on the proposed four-lane undivided road through the outskirts of Lusikisiki; and operation of the greenfields section between Lusikisiki (Magwa Intersection) and the Mthamvuna River SANRAL must ensure that noise mitigation measures are implemented where the road passes through or close to residential areas. The latter could include, but is not limited to, the construction of earth berms and noise barriers, and specific types of surface material to mitigate noise generation (ROD Item ) The proposed new road will be located between 10 m and 250 m from numerous dwellings in the section from Ndwalane to the Ntafufu River. In terms of the Noise Control Regulations, noise mitigation would be required in order to ensure that the noise rating level does not exceed 65 dba at any of the affected residential dwellings (ROD Item ) 6. AIR QUALITY IMPACT MANAGEMENT General Should the use of an asphalt plant be required on site, an application must first be made to the relevant authority for an AEL Air quality impact management Sites where favourable meteorological dispersion prevails should be considered in finalising the location of toll plazas. The factors to consider are relatively elevated flat areas, avoiding valley sites and areas where the general wind flow is impeded by topography SANRAL Engineer Engineer Design; Design; Design CCA Environmental (Pty) Ltd 28 EMP

41 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE Optimise traffic flow through the toll plazas and ensure that vehicle idling times are limited to a minimum, particularly at peak times or during periods of high pollution potential Appropriate dust control management practices and procedures must be implemented, such as wetting of active construction areas and unpaved roads, and the vegetation of permanent stockpiles, in order to ensure the effective suppression of dust during all construction activities Toll booths Toll booths should be designed so as to ensure that toll booth workers do not suffer from any detrimental health effects associated with vehicle emissions or particulate matter such as dust. Cold/heat stress should also be controlled in toll booths 7. VISUAL IMPACT AND LIGHTING MANAGEMENT Visual impact and lighting management SANRAL should ensure that visual and light mitigation measures are implemented where the road passes through or close to residential areas Consideration should be given to incorporating a tourist viewing point into the road design where visitors can stop and view from strategic points at the Msikaba and Mthentu river bridges The following factors should, amongst others, be considered in the siting and design of toll plazas: Engineer Design The final location of the toll plazas must also be informed by the topography; The siting of toll plazas must take account of light pollution, and must be designed to minimise this impact on the surrounding environment; Where appropriate, use natural construction materials in the design of toll plazas; and As far as possible, the design of the plaza buildings should blend with the local architecture, where applicable 8. PLANNING/DEVELOPMENT IMPACT MANAGEMENT Planning/ development impact management Ensure that proposed intersection upgrading accommodate planned land uses at identified nodes Bypasses, with proper intersection to allow traffic to enter and leave the CBD, should be constructed at Butterworth, Dutywa and Mthatha [these would be subject to separate environmental authorisation processes] Interchanges should be considered at the Libode and Ngqeleni intersections Consultation with the Regional Land Clams Commissioner s office and land claimants should be undertaken regarding the resolution of applicable land claims ROD Item stipulates that access to the environmentally sensitive areas alongside the route must be controlled during both construction and operational phases to prevent disturbances, littering and increased accidental fires. Access control and waste management programmes are required in the sensitive greenfields sections 9. SITE CAMPS AND SITE LAYOUT PLANS General SANRAL must take note that no site camps will be allowed outside the footprint of the development area as the establishment of such structures may trigger a listed activity as defined in the NEMA Regulations (ROD Item ) Engineer Design; Design; CCA Environmental (Pty) Ltd 29 EMP

42 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE In determining the location of the construction camps, cognisance must be taken of the identified and mapped sensitive and no-go areas, especially within the new road sections (see Figures 4.1 and 4.2), and the requirement that no construction camps, dumping or stockpiling of construction material is allowed in or close to the wetlands and other watercourses (ROD Item ). Preferred locations for siting of site offices and accommodation units would be areas of little relief. If the route traverses watercourses, streams and rivers, it is recommended that the offices (and in particular the ablution facilities, aggregate stockpiles, spoil areas and hazardous material stockpiles) are located as far away as possible from any watercourse, and downstream of water bodies Final overall site layout plans (and route alignment maps with coordinates) must be submitted to DEA for approval prior to construction (ROD Item ). The final design of the project must include the appropriate siting of all construction camps (i.e. site camps and worker accommodation camps, where required), including the following: Site camps and site layout plans Design; Site access (including entry and exit points); Access / haul routes; All material and equipment storage areas (including storage areas for hazardous substances such as fuel and chemicals). Provision may also need to be made for an on-site nursery; offices and other structures (accommodation for staff, where required and considered appropriate); Security requirements (including temporary and permanent fencing, and lighting) and accommodation areas for security staff; Areas where vegetation will be cleared; Solid waste collection facilities for litter, kitchen refuse, and for all nonhazardous solid waste including office and workshop waste; Waste treatment facilities for sewage, grey water and workshop-derived effluents, where no formal facilities exist; Stormwater control measures; and Provision of potable water and temporary ablution facilities. Sanitation facilities must be provided at the construction camps and along the road to ensure that workers do not pollute the surrounding environment No septic tanks and soak-aways shall be constructed on site. Conservancy tanks to safely and effectively handle sewage shall be required. Alternative methods for handling sewage could be used, but permission to do so shall be obtained from the Engineer. The type of sewage treatment will depend on the duration of the contract and proximity (availability) of providers of chemical toilets. The waste material generated from these facilities shall be serviced on a regular basis. The positioning of the chemical toilets shall be done in consultation with the Engineer 10. ACCESS/HAUL ROADS Access/Haul Roads In determining the location, alignment and extent of access/haul roads, cognisance must be taken of the identified and mapped sensitive areas (see Figures 4.1 and 4.2) PEM; ECO Design; CCA Environmental (Pty) Ltd 30 EMP

43 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE As far as possible, use must be made of existing roads in the area, or temporary access/haul roads should be established within the boundaries of the road reserve. Any clearing for access or haul roads by s, both within and where necessary outside the road reserve, shall only be undertaken after written approval from the Engineer, with input from the PEM and/or ECO 11. EARTHWORKS AND LAYERWORKS Stockpiles Where possible, stockpile areas should be identified and approved during the design phase and be located within the road reserve boundary where feasible. In determining the location of these stockpile areas, cognisance must be taken of the identified and mapped sensitive and no-go areas, especially within the new road sections. If the stockpile area is located closer than 500 m from a river, erosion protection measures must be designed and implemented As far as possible, existing roads should be used to access these stockpile areas. Where new access/haul roads are required to be constructed, these should be designed in accordance with the relevant drainage specifications Spoil areas Where possible, candidate spoil sites should be identified and approved during the design phase prior to the commencement of any activities that will generate spoil materials. In determining the appropriate location of these spoil areas, cognisance must be taken of the identified and mapped ecologically sensitive and no-go areas, especially within the new road sections. Spoil areas should not negatively affect surface drainage, nor shall they alter the topography to the extent that they become visually intrusive Quarries and borrow pits 12. DRAINAGE General If required, sites for quarries and borrow pits must be identified and sampled during the design phase. In determining the appropriate location of these quarries and borrow pits, cognisance must be taken of the identified and mapped sensitive and no-go areas, including wetlands. No borrow pits or associated requirements should be sited in the vulture exclusion zones Prior to undertaking excavation activities a mining authorisation is required from the relevant authorities. Any borrow pit application must be forwarded to the DMR (and relevant environmental authority where applicable) for approval sufficiently early in order to prevent delays with construction ROD Item stipulates the following - although generic guidelines exist in the SANRAL EMP for road drainage and rehabilitation, site-specific plans must be prepared in tandem with the final road design and must include specific measures to mitigate erosion as well as realistic and practical rehabilitation plans setting standards for rehabilitation, and indications on how these standards will be met The detail of effective protection measures around drainage infrastructure must form part of the site development plans (ROD Item ). ROD Item requires the following - construction must include appropriate design measures that allow surface and subsurface movement of water along drainage lines so as not to impede natural surface and subsurface flows. Drainage measures must promote the dissipation of stormwater runoff Engineer Engineer Design; Design; Design; Design; CCA Environmental (Pty) Ltd 31 EMP

44 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE Toll plazas The separation of contaminated and uncontaminated surface water runoff should be included in the design of the stormwater system. Water flowing from parking areas and areas where traffic slows down would be contaminated with oils, rubbers and chloro-fluoro-carbons. Water flowing from roof surfaces should be controlled to avoid excess erosion. Water flow from the surrounding landscape should be channelled to natural areas Oil traps (interceptors) should be incorporated into the drainage system at the toll plazas. Where the receiving environment is considered sensitive (e.g. wetland areas), spillage containment facilities should be considered 13. EROSION CONTROL Erosion control 14. CUT AND FILL SLOPES Cut and fill slopes According to ROD Item , the pass through the Tutor Ndamase mountainous area is an area of geotechnical instability and erosion, and additional safety measures such as slope stability measures and retaining walls at unstable cuttings must be implemented Steep cut and fill slopes in soft or erodable material will require erosion control measures and appropriate re-vegetation methods. Such areas are to be identified during the design phase and appropriate remedial design implemented As far as possible, steep or unstable slopes should be avoided in selecting the final road alignment, as well as the final location of toll plazas, access/haul roads, construction camps and borrow pits/quarries (if required). Also, the section between Ndwalane and the Ntafufu River will require special design of cuts, fills and erosion protection during the design phase Extensive cuts into side slopes should be avoided as far as possible in order to minimise the potential for soil erosion. Such cuts are difficult to rehabilitate naturally and can be visible from great distances. Spoil from cut areas should be used in the construction of the road, where appropriate, for the infilling of erosion gulleys, or in the rehabilitation of borrow pit sites (where applicable) Slopes should be cut to gradients that will ensure stability, as indicated by a full slope stability analysis. Areas in which such an analysis will be required must be defined and specified in the detailed design stage. All new cut and fill areas should be rounded on the edges to allow them to blend into the surrounding landscape, and should, as far as possible, reflect the natural form and contours of the landscape to reduce visual intrusiveness. Slopes with a constant gradient from top to bottom and across the face, the so-called butter-knife cut, must be avoided Cut slopes should be self-sustaining. However, where it is necessary to use retaining structures or gabions, these must be designed to minimise visual intrusiveness. In areas where the road intersects ridges or spurs, the exposed rock face and soil must be stepped back in a manner that mimics natural rock faces as far as possible Where possible, weed-free topsoil with an appropriate indigenous seed mix should be placed on the slopes. Soil should be retained in small pockets in the irregular surface of the slope. This will allow for the creation of microhabitats where plants can become established 15. POLLUTION PREVENTION AND CONTROL Pollution prevention and control Hazard substance retention areas for spills must be designed and constructed for all major drainage line crossings to prevent pollution from accidental spills (ROD Item ) Engineer Engineer Engineer Design; Design; Design; CCA Environmental (Pty) Ltd 32 EMP

45 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE Silt traps should be included where there is the risk of high sediment loading. Such areas may include cuttings where soil stability is uncertain, or where the new road intercepts additional catchment runoff and the soils are identified as highly erosive. Silt traps must be situated upstream of any oil trap 16. ACCESS REQUIREMENTS Access requirements 17. SAFETY AND SECURITY Safety and security 18. TOURISM MANAGEMENT Tourism management ROD Item requires that public consultation must be undertaken on an ongoing basis in order to inform final design especially concerning details of accesses, under- and overpasses, service roads, fences and barriers and other safety measures, to ensure that complaints and concerns can be addressed during construction and operation of the road During the final design phase, SANRAL must consult with affected landowners and/or communities regarding safety and access requirements (including the provision of taxi facilities). The consolidation of existing accesses must be identified and detailed. Such communication shall be undertaken in a sensitive manner appropriate to the culture of the affected parties The pass through the Tutor Ndamase mountainous area is in an area of geotechnical instability and erosion, and additional safety measures such as slope stability measures and retaining walls at unstable cuttings must be implemented (ROD Item ) Road design should include safety features such as fencing of the road reserve, appropriate signage, guardrails, etc. along the entire length of the route. In addition, lighting, high standard warnings and traffic calming measures should be considered in areas where road safety has been identified as a concern (e.g. through the towns of Butterworth, Dutywa and Mthatha) and where construction interferes with traffic Appropriate security measures must be implemented around each toll plaza control building and within the toll booths on account of cash stored in the building. The design of the toll plazas should not include allowance for truck stops Consideration should be given to providing the road user and tourist with the opportunity of optimising the visual attributes of the scenic landscape. This can be achieved through the establishment of view sites and visitor information centres at strategic locations along the route. The number, location and design of these sites should be undertaken in consultation with the local authorities. The environmental impacts associated with the establishment of view sites and visitor information centres should be assessed during design, and the development approved by the regulatory authority (if required) prior to implementation 19. ROAD LAYOUT PLANS AND DESIGN General Any change in the road alignment (including bridges, over- and under passes, toll plazas, interchanges, etc.) is subject to approval by the relevant authorities after input has been received from the ECOs, PEM, ACC and the environmental auditor. Independent specialist consultants must be called upon when, in the opinion of the PEM, environmental auditor, the ACC or a relevant authority, there is a need for expert opinion (ROD Item ) Community Liaison service provider Community Liaison service provider Engineer Engineer Engineer Design Design Design; Design; Design; CCA Environmental (Pty) Ltd 33 EMP

46 ACTIVITY MANAGEMENT MEASURE RESPONSIBLE PARTY (-IES) PROJECT PHASE The road alignment must be sensitive to existing residential patterns and should be finalised taking into account the need to minimise the fragmentation of families and clans. This can be dealt with by consulting the directly affected communities and parties and also traditional leaders and relevant authorities (ROD Item ) ROD Item stipulates that all construction activities must be undertaken within the road reserve with the exception of sections highlighted and considered in the Final EIR dated December 2009 ROD Item 7.5 recommends that intersections be limited to existing access and planned roads as far as possible CCA Environmental (Pty) Ltd 34 EMP

47 Figure 4.1: Ecological sensitivity of habitats between Ndwalane and Ntafufu CCA Environmental (Pty) Ltd 35 EMP

48 Figure 4.2: Ecological sensitivity of habitats between Lusikisiki and the Mthamvuna River CCA Environmental (Pty) Ltd 36 EMP