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

Transcription

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

2 Approval and Review Sheet Client: SAGIT Energy Ventures (Pty) Ltd Project: P5015 Document Number: 001 Status of Report: Final Distribution Date: 10 July 2015 Signed on behalf of: Lithon Project Consultants (Pty) Ltd Prepared by: Technical Executive Lithon Project Consultants Reviewed by: SAGIT Energy Ventures Accepted by: Director SAGIT Energy Ventures Jaana-Maria Ball Kasper van Rooyen Mich Niewoudt Date: 07/07/2015 Date: 10/07/2015 Date: 10/07/2015 i

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

4 List of Tables Table 1: Comparison of 2010 and 2014 EIA Regulation s Listed Activities Table 2: Full Text of Relevant 2010 and 2014 Listed Activities List of Appendices Appendix A: Amendment Application (as submitted on 01 December 2014) Appendix B: Correspondence with the Relevant Authority: The Department of Environmental Affairs and Development Planning Appendix C: Curriculum Vitae of the Environmental Assessment Practitioner Appendix D: Avi-fauna Assessment Report from Mr. Chris van Rooyen of Chris van Rooyen Consulting Appendix E: Bats Assessment Report from Mr. Werner Marais of Animalia Appendix F: Visual Assessment Report from Mr. Alan Cave of Cave Klapwijk and Associates Appendix G: Public Participation and Authority Consultation Process Documents Appendix H1: Registered Interested and Affected Parties and Authorities Appendix H2: Notifications sent to Interested and Affected Parties and Authorities Appendix H3: Copies of Comment Received Appendix H4: Comment and Response Report 4

5 List of Acronyms Cm CRR dba DEADP EA EAP EAPAN EIA EIR EMPr EMP GN I&AP km Lithon LN m 2 MW M NEMA PPP RE SAAB SACNASP SAGIT SAIEES SEA WEF Centimetre Comment and Response Report Decibel Audio Department of Environmental Affairs and Development Planning Environmental Authorisation Environmental Assessment Practitioner Environmental Assessment Practitioner s Association of Namibia Environmental Impact Assessment Environmental Impact Report Environmental Management Programme Environmental Management Plan Government Notice Interested and Affected Party Kilometre Lithon Project Consultants (Pty) Ltd Listing Notice Cubic metre Mega Watts Metre National Environmental Management Act Public Participation Process Remainder of Erf South African Association of Botanists South African Council for Natural Scientific Professions SAGIT Energy Ventures (Pty) Ltd Southern African Institute of Ecologists and Environmental Scientists Strategic Environmental Assessment Wind Energy Facility 5

6 1. Introduction 1.1 Background Lithon Project Consultants (Pty) Ltd (Lithon) were appointed to undertake an application for amendment of the Environmental Authorisation (EA), on behalf of SAGIT Energy Ventures (Pty) Ltd (SEV) for the Wolseley (Reference Number: 16/3/1/5/B5/16/1022/14) Wind Energy Facility (WEF) and its associated infrastructure. The amendments applied for are documented in the Amendment Application (Appendix A) and are as follows: Change in wind turbine blade length to a maximum total rotor diameter length of 150 m from blade tip to blade tip i.e. each blade is a maximum of 72 m in length with the nacelle being 6 m across Change in hub height to a maximum of < 120 m hub height Removal of the total Mega Watts (MWs) expected to be generated per turbine from the original EA. Turbine positions, the WEF footprint and associated infrastructure (on-site substation, underground electricity cables, access roads, underground transmission line and offsite control centre) will remain the same, as approved by the Department of Environmental Affairs and Development Planning (DEADP), the Competent Authority, on 11 June 2013 and the subsequent amendments on 29 April The EA for the Wolseley WEF proposed for near the town of Wolseley within the Witzenberg Municipality Local Municipality is based on a number of assumptions, with the primary ones being that a total of thirty wind turbines will be erected, each generating between 2.5 and 3.6 MW, which will result in the WEF generating between 75 and 108 MW of electricity. The nacelle or hub-height of each turbine was stated as between 90 and 110 m and the blade length between 40 and 60 m. Preferred locations for the wind turbines were identified based on identified environmentally sensitive areas and associated buffer zones, as well as buffer zones with respect to physical infrastructure and optimisation of turbine performance. The turbine positions were specifically selected to ensure that there were no fatal flaws associated with the proposed development, and to make provision for minor repositioning movements subject to the findings of the detailed geotechnical studies. 1.2 Proposed Amendment Application Process The Competent Authority for the Wolseley WEF application is the DEADP, and all correspondence related to this Amendment Application with the Authority can be reviewed in Appendix B. The following legislated process was followed with respect to the amendment application: STEP 1: Submission of the Application for Amendment to the EA and payment of the Application Fee STEP 2: The Competent Authority has 14-days to acknowledge receipt of the Application for Amendment STEP 3: The Competent Authority has 30-days to indicate what is required of the Applicant (and it s appointed independent Environmental Assessment Practitioner (EAP)) 6

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

8 1.3 Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists The EAP for the Amendment Application was Ms. Jaana-Maria Ball. She was responsible for the overall environmental project management, integration assessment, report writing and liaison with the technical specialists. Ms. Ball is a professional Project Manager, Environmental Scientist, Ecologist and Botanist. She is a Technical Executive of Lithon Project Consultants with 20 years experience in the environmental field. She has been the Project Manager/ Director/ Reviewer of over 300 high profile projects in Africa and Advisor to a number of clients both in Africa and internationally. She previously held the positons of Discipline Leader and Organisational Manager of GIBB (Pty) Ltd s Environmental Services, as well as Director: Support Services. She was the first female Director appointed at GIBB and has served on a number of professional environmental committees. She specialises in strategic and operational planning as well as the management of complex Strategic Environmental Assessments (SEAs), Environmental Impact Assessments (EIAs), Environmental Management Programmes (EMPs), licencing applications, coordination and execution of public involvement processes, environmental auditing and the management of large, multi-disciplinary project teams. Mega environmental projects managed by Jaana include those for electricity generation (nuclear, coal, pumped-storage and renewables); electricity transmission and generation; rail, road, ports, water and aviation infrastructure; mining activities; agricultural activities; industrial, manufacturing and residential developments etc. She competently led the mega EIAs for South Africa s strategically important Nuclear-1, Pebble-bed Modular Reactor and Sischen Saldanha Oreline Expansion projects. As one of the most qualified and experienced environmental experts in southern Africa, Jaana has acted as a reviewer of many complex and controversial EIAs and other environmental projects, and been an advisor to a number of high-profile clients in Mozambique, Swaziland, Lesotho, Botswana, Nigeria, South Africa and Namibia. Jaana was the Project Director/ Technical Executive for the original Wolseley and Wolseley WEF Applications for EA. Ms. Ball is currently registered with the Engineering Council in Zambia, Environmental Assessment Practitioners Association of Namibia (EAPAN) and a number of professional associations in South Africa (e.g. SAIEES, SAAB, SACNASP). Jaana s Curriculum Vitae can be found in Appendix C. Lithon utilised the same independent technical specialists that undertook the original assessments, namely: Avi-fauna Mr. Chris van Rooyen of Chris van Rooyen Consulting Bats Mr. Werner Marais of Animalia and Visual Mr. Alan Cave of Cave Klapwijk and Associates. 8

9 1.4 Purpose of the Report This final Amendment Report documents the: EA Amendment Application as submitted Changes in legislation since the EA was made and its implications on the Amendment Application Correspondence with the Competent Authority, the DEADP Motivation for amendment to the original EA Findings of the individual selected technical specialist assessments as well as the integrated assessment undertaken on the expected impacts arising from the proposed amendments to the original application for EA Details of the consultation process followed with I&APs and Organs of State Comments received from I&APs and Organs of State and responses to them Recommendations for implementation. The draft version of this Report was placed in the public domain for comment by I&APs and Organs of State, and thereafter revised and supplemented with details of the consultation process undertaken (Appendix G). It will be submitted to the Competent Authority, who will use it in its decision-making as to whether to approve the proposed amendments. 9

10 2. Legislative Changes Although SEV s original application for the Wolseley WEF fell under the EIA Regulations 2010 and the applicable Listing Notices (LN GN 554, 545 and 546), the tables below indicate which of the activities in the newly promulgated EIA Regulations 2014 would be relevant to the Amendment Application. This was undertaken to ensure that no new Activities were triggered as well as assist in decision-making by the Competent Authority. The EIA Regulations GN 982 of 2014 and associated listing notices, namely Listing Notice 1 (GN 983 of 2014), Listing Notice 2 (GN 984 of 2014) and Listing Notice 3 (GN 985 of 2014) were reviewed. SAGIT s original and amended application were for 15 activities listed under GN 554, 545 and 546. Activities triggered in the EIA Regulation 2014 listing notices, GN 983, 984 and 985, are as follows (15 in total): Listing Notice 1 GN 983 of 2014: Activity numbers: 11, 12, 14, 19, 24, 31, 48 and 56 Listing Notice 2 GN 984 of 2014: Activity numbers: 1, 4 and 9 Listing Notice 3 GN 985 of 2014: Activity number numbers: 4, 10, 12 and 18 Table 1 indicates which activities are triggered in terms of the three new listing notices. Where activities listed in the 2014 notices are comparable with activities listed in the 2010 notices, they have been placed in the same row in the table. Grey blocks indicate where activities have been omitted from the 2010 listing notices or new activities in the 2014 listing notices. Their relevance to the proposed project and its current amendment application is outlined. Table 2 presents the full description of the activities as they appear in the listing notices of the EIA Regulations of 2010 and

11 TABLE 1: COMPARISON OF 2010 AND 2014 EIA REGULATION S LISTED ACTIVITIES GN Activity number GN Activity number The new trigger and what has changed The wording has slightly changed with no material effect on the meaning. Development of canals, channels, weirs, stormwater outlets, or infrastructure, within 32 m of watercourse. This activity remains largely unchanged from Activity number 11 of the EIA Regulations 2010, however the thresholds have been stated for some items and in some cases increased, and urban areas and where such development occurs within existing roads or roads reserves are exempt. The wording has slightly changed with no material effect on the meaning. Infilling (>5 m 3 ) with any material, or removal (>5 m 3 ) of sand, soil, rock etc. from watercourse or within 100 m from High Water Mark. The Activity is unchanged. The development of a road with a reserve wider than 13,5 m, or where no reserve exists where the road is wider than 8 m. The Activity however excludes roads as described in Activity number 27 of Listing Notice 2 of the EIA Regulations Decommissioning of infrastructure, for any activities listed in listing notice 1, 2, or 3. Activity 31 is a new addition to the 2014 listing notices. Expansion of canals, channels, bridges, dams, weirs, bulk stormwater outlets, and marinas, by more than 100 m 2, if within 32 m of watercourse. The key difference between 544(39) and 983(48) is that the latter has a threshold of 100 m 2 applied, whereas no threshold was previously applied. Also, these expansions are exempt if undertaken in urban areas or road reserves. There is no difference in the wording and intention of the Activities in 544(39) and 983(48). Trigger relevance The proposed project entails the development of facilities or infrastructure for the transmission and distribution of electricity. The proposed development will include the upgrading/ maintenance of existing canals, channels, weirs, stormwater outlets or other infrastructure, within 32 m of watercourse, or the development of new infrastructure. This will largely be within existing roads or road reserves. The proposed project includes the development of facilities or infrastructure for the storage and handling of dangerous good, where such storage occurs in containers with a combined capacity of more than 80 m 2 or more but not exceeding 500 m 2. The proposed project may involve the infilling and/ or removal of more than 5 m 3 of material. The proposed project may include the construction of roads with reserve reserves wider than 13,5 m, or where no reserve exists where the road is wider than 8 m. This activity would be relevant when infrastructure developed needs to be removed. The proposed project may entail the expansion of canals, channels, bridges, dams, weirs, bulk stormwater outlets, and marinas, by more than 100 m 2, and be located within 32 m of a watercourse. The proposed project will include the widening of roads by more than 6 m, or the 11

12 lengthening of a road by more than 1 km, where the existing reserve is wider than 13,5 metres or where no reserve exists, where the existing road is wider than 8 m. The proposed area for development is outside an urban area. GN Activity number GN Activity number The new trigger and what has changed The 2010 EIA Regulations were all encompassing and the 2014 EIA Regulations limited to renewable energy where electricity output is 20 megawatts or more. They also exclude where development of facilities or infrastructure is for photovoltaic installations and occurs within an urban area, which is not relevant to the application or its amendments. The 2014 EIA Regulations includes the handling, as well as the storage of a dangerous good. The wording has been slightly altered in the 2014 EIA Regulations compared to that of the 2010 EIA Regulations. There is no material difference in the meaning and interpretation thereof. Trigger relevance The application is for generation of electricity from a renewable resource with an expected output of 20 MW or more. It is the intention that facilities or infrastructure will be developed for the storage, or storage and handling of a dangerous good. Storage will likely occur in containers with a combined capacity of more than 500 m 2. The application includes the development of facilities or infrastructure for the transmission and distribution of electricity with a capacity of 275 kv or more. The proposed site is outside an urban area. GN Activity number GN Activity number The new trigger and what has changed Trigger relevance The development of a road wider than 4 m with a reserve less than 13,5 m. It applies in a number of new receiving environments e.g. Critical Biodiversity Areas and within 100 m from a watercourse. The proposed project includes the development of a road wider than 4 m with a reserve less than 13,5 m. The proposed area for development is outside an urban area. Key changes to this trigger are: 4 4 The inclusion of Biodiversity Areas Areas outside urban areas and in particular areas seawards of the development setback line or within 1 km from the High Water Mark, as well as areas on the watercourse side of the development setback line or within

13 m from the edge of a watercourse where no such setback line has been determined The development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 m 2. This is applicable to all areas outside urban areas and specified areas inside urban areas e.g. areas within 100 m from the edge of a watercourse where no such setback line has been determined. There appear to be no material changes to the meaning and intent of the activity. The proposed project will entail the development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 m2. The proposed area for development is outside an urban area. Clearing of 300 m 2 of indigenous vegetation, except where needed for maintenance in accordance with a maintenance plan. This applies in certain receiving environments e.g. CBAs. The proposed project may require the clearing of 300 m 2 indigenous vegetation. Key changes to this trigger are: The requirement that 75% of the vegetation must be indigenous, no longer applies. The trigger now refers to 300 m 2 of indigenous vegetation, irrespective of the degree of alien infestation. Areas where the topsoil has been lawfully disturbed during the preceding ten years, are also exempt. When such clearing is for maintenance purposes, in terms a maintenance plan, it is exempt. This is a new addition and was not included in GN 544(12) The widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. This applies in certain receiving environments outside urban areas which contain indigenous vegetation, amongst other areas, as well as within urban areas zoned for conservation use or designated for conservation use in Spatial Development Frameworks. The proposed project includes the widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. The proposed area for development is outside the urban area. 13

14 Key changes to this trigger is the exclusion of areas zoned for public open space within urban areas. 14

15 TABLE 2: FULL TEXT OF RELEVANT 2010 AND 2014 LISTED ACTIVITIES GN Activity number Description The construction of facilities or infrastructure for the transmission and distribution of electricity GN Activity number Description The development of facilities or infrastructure for the transmission and distribution of electricity (i) Outside urban areas or industrial (i) Outside urban areas or industrial 10 complexes with a capacity of more than 33 but less than 275 kilovolts; or 11 complexes with a capacity of more than 33 but less than 275 kilovolts; or (ii) Inside urban areas or industrial complexes with a capacity of 275 (ii) Inside urban areas or industrial complexes with a capacity of 275 kilovolts or more; kilovolts or more; 11 The construction of: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) canals; channels; bridges; dams; weirs; bulk storm water outlet structures; marinas; jetties exceeding 50 square metres in size; slipways exceeding 50 square metres in size; buildings exceeding 50 square metres in size; or 12 The development of (i) Canals exceeding 100 square meters in size. (ii) Channels exceeding 100 square meters in size. (iii) Bridges exceeding 100 square meters in size. (iv) Dams where the dam, including dam infrastructure and water surface area exceeds, 100 square meters in size. (v) Weirs where the weir, including weir infrastructure and water surface area exceeds, 100 square meters in size. (vi) Bulk stormwater outlets exceeding 100 square meters in size. (vii) Marinas exceeding 100 square meters in size. (viii) Jetties exceeding 100 square meters in size. (ix) Slipways exceeding 100 square meters in size. (x) Buildings exceeding 100 square meters in size. (xi) Boardwalks exceeding 100 square meters in size. (xii) Infrastructure exceeding 100 square meters in size. 13 (xi) infrastructure or structures covering 50 square metres or more where such construction occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line. The construction of facilities or infrastructure for the storage, or for the storage and handling, of dangerous good, where such storage occurs in containers with a combined capacity of 80 but not exceeding 500 cubic metres. 14 Where such development occurs: a) within a watercourse b) in front of the development setback line c) if no development setback line exists, within 32 metres of a watercourse, measured from the edge of a watercourse. The development of facilities or infrastructure, for the storage, or for the storage and handling, of a dangerous good, where such storage occurs in containers with a combined capacity of 80 cubic metres or more but not exceeding 500 cubic metres. 15

16 18 The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from: (i) (ii) (iii) (iv) a watercourse, the sea, seashore, the littoral active zone, an estuary or a distance of 100 metres inland of the high water mark of the sea or an estuary, 19 The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from: (i) (ii) (iii) a watercourse the seashore, the littoral active zone, an estuary or a distance of 100 metres inland of the high water mark of the sea or an estuary, whichever distance is the greater whichever distance is the greater but excluding where such infilling, depositing, dredging, excavation, removal or moving (a) is for maintenance purposes undertaken in accordance with a management plan agreed to by the relevant authority, or (b) occurs behind the development setback line. The construction of a road, outside urban areas, (i) (ii) (iii) with a reserve wider than 13,5 metres or, where no reserve exists where the road is wider than 8 metres, or for which an environmental authorisation was obtained for the route determination in terms of activity 5 in Government Notice 387 of 2006 or activity 18 in Notice 544 of The decommissioning of existing facilities or infrastructure, for (i) (ii) (iii) (iv) electricity generation with a threshold of more than 10MW; electricity transmission and distribution with a threshold of more than 132kV; nuclear reactors and storage of nuclear fuel; activities, where the facility or the land on which it is located is contaminated; but excluding where such infilling, depositing, dredging, excavation, removal or moving (a) will occur behind the development setback (b) will occur for maintenance purposes undertaken in accordance with a management plan agreed to by the relevant authority, or (c) falls within the ambit of activity 21 in this notice, in which case that activity applies. The development of- (i) a road for which an environmental authorisation was obtained for the route determination in terms of activity 5 in the Government Notice 387 of 2006 or activity 18 in Government Notice 545 of 2010; or (ii) a road with a reserve wider than 13,5 metres, or where no reserve exists where the road is wider than 8 metres; but excluding- (a) roads which are identified and included in activity 27 in Listing Notice 2 of 2014; or (b) roads where the entire road falls within an urban area. The decommissioning of existing facilities, structures or infrastructure for- (i) any development and related operation activity or activities listed in this Notice, Listing Notice 2 of 2014 or Listing Notice 3 of 2014; (ii) any expansion and related operation activity or activities listed in this Notice, Listing Notice 2 of 2014 or Listing Notice 3 of 2014; (iii) any development and related operation activity or activities and expansion and related operation activity or activities listed in this Notice, Listing Notice 2 of 2014 or Listing Notice 3 of 2014; (iv) any phased activity or activities for development and related operation activity or expansion or related operation activities listed in this Notice or Listing Notice 3 of 2014; or (v) any activity regardless the time the activity was commenced with, where such activity: (a) is similarly listed 16

17 (v) storage, or storage and handling, of dangerous goods of more than 80 cubic metres; but excluding any facilities or infrastructure that commenced under an environmental authorisation issued in terms of the Environmental Impact Assessment Regulations, 2006 made under 24(5) of the Act and published in Government Notice No. R. 385 of 2006, or Notice No The expansion of (i) canals; (ii) channels; (iii) bridges; (iv) weirs; (v) bulk storm water outlet structures; (vi) marinas; within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, where such expansion will result in an increased development footprint but excluding where such expansion will occur behind the development setback line. to an activity in (i), (ii), (iii), or (iv) above; and (b) is still in operation or development is still in progress; excluding where- (aa) activity 22 of this notice applies; or (bb) the decommissioning is covered by part 8 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in which case the National Environmental Management: Waste Act, 2008 applies.?? The expansion of-. (i) canals where the canal is expanded by 100 square metres or more in size ; (ii) channels where the channel is expanded by 100 square metres or more in size ; (iii) bridges where the bridge is expanded by 100 square metres or more in size; (iv) dams, where the dam, including infrastructure and water surface area, is expanded by 100 square metres or more in size; (v) weirs, where the weir, including infrastructure and water surface area, is expanded by 100 square metres or more in size; (vi) bulk storm water outlet structures where the bulk storm water outlet structure is expanded by 100 square metres or more in size; or (vii) marinas where the marina is expanded by 100 square metres or more in size; The widening of a road by more than 6 metres, or the lengthening of a road by more than 1 kilometre where such expansion or expansion and related operation occurs- (a) within a watercourse; (b) in front of a development setback; or (c) if no development setback exists, within 32 metres of a watercourse, measured from the edge of a watercourse; excluding- (aa) the expansion of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or harbour; (bb) where such expansion activities are related to the development of a port or harbour, in which case activity 26 in Listing Notice 2 of 2014 applies; (cc) activities listed in activity 14 in Listing Notice 2 of 2014 or activity 14 in Listing Notice 3 of 2014, in which case that activity applies; (dd) where such expansion occurs within an urban area; or (ee) where such expansion occurs within existing roads or road reserves. The widening of a road by more than 6 metres, or the lengthening of a road by more than 1 kilometre 17

18 (i) where the existing reserve is wider (iii) where the existing reserve is wider than than 13,5 metres; or 13,5 metres; or (ii) where no reserve exists, where the (iv) where no reserve exists, where the existing existing road is wider than 8 metres road is wider than 8 metres excluding widening or lengthening occurring inside urban areas. excluding widening or lengthening occurring inside urban areas. 18

19 GN Activity number Description 1 The construction of facilities or infrastructure for the generation of electricity where the electricity output is 20 megawatts or more. 1 3 The construction of facilities or infrastructure for the storage of a dangerous good, where such storage occurs in containers with a combined capacity of more than 500 cubic metres. 8 The construction of facilities or infrastructure for the transmission and distribution of electricity with a capacity of 275 kilovolts or more, outside an urban area or industrial complex. 4 9 GN Activity number Description The development of facilities or infrastructure for the generation of electricity from a renewable resource where the electricity output is 20 megawatts or more, excluding where such development of facilities or infrastructure is for photovoltaic installations and occurs within an urban area. The development of facilities or infrastructure, for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of more than 500 cubic metres. The development of facilities or infrastructure for the transmission and distribution of electricity with a capacity of 275 kilovolts or more, outside an urban area or industrial complex. GN Activity number Description GN Activity number Description The development of a road wider than 4 metres with a reserve less than 13,5 metres 4 The construction of a road wider than 4 metres with a reserve less than 13,5 metres - Geographical areas in the Western Cape province to which this activity is applicable includes: (d) i. In an estuary ii. In urban areas; (aa) Areas zoned for use as public open space within urban areas; and (bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for conservation purpose; 4 (h) In Western Cape: i. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; ii. Outside urban areas, in: (aa) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or (cc) Areas on the estuary side of the development setback line or within an estuarine functional zone where no such setback line has been determined. 10 The construction of facilities or infrastructure for the storage of a dangerous good, where such storage occurs in containers with a combined capacity of between 30 and not exceeding 80 cubic metres. - Geographical areas in the Western Cape province to which this activity is applicable includes: (d) i. In an estuary ii. All areas outside urban areas; i. Inside urban areas 10 The development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 cubic metres. (g) In Western Cape: i. All areas outside urban areas; or ii. Inside urban areas: (aa) Areas seawards of the development setback line or within 200 metres from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or 19

20 (aa) Areas seawards of the development setback line or within 200 metres from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; The clearance of an area of 300 square metres or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation: (cc) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined. The clearance of an area of 300 square metres or more of indigenous vegetation except where such clearance is required for maintenance purposes undertaken in accordance with a maintenance management plan. a) In Western Cape 12 a) Within any critically endangered or endangered ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as critically endangered in the national Spatial Biodiversity Assessment 2004; b) Within critical biodiversity areas identified in bioregional plans; c) Within littoral active zone or 100 meters inland from high water mark of the sea or an estuary, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas. 12 i. Within any critically endangered or endangered ii. iii. iv. ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as critically endangered in the national Spatial Biodiversity Assessment 2004; Within critical biodiversity areas identified in bioregional plans; Within littoral active zone or 100 meters inland from high water mark of the sea or an estuary, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas. On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning. The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre. The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre Geographical areas in the Western Cape province to which this activity is applicable includes: (d) i. In an estuary ii. All areas outside urban areas; v. Inside urban areas (aa) Areas zoned for public open space within urban areas; and 18 (f) In Western Cape: All areas outside urban areas: (aa) Areas containing indigenous vegetation; (bb) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined; or ii. In urban areas: (aa) Areas zoned for conservation use; or (bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority. 20

21 (bb) Areas designated for conservation use in Spatial Development Frameworks adapted by the competent authority, or zoned for conservation purpose, within urban areas. It is concluded that for the Amendment Application for the proposed Wolseley WEF that all activities triggered under the EIA Regulations 2014 and its Listing Notices have been fully assessed in the EIA process previously undertaken, and as documented in the final EIR, and as previously authorised under the NEMA and the EIA Regulations 2010 and its Listing Notices. 21

22 3. Findings of the Assessment and Motivation for Amendment The proposed WEF, and its associated infrastructure, was authorised by the DEADP on 11 June 2013 and subsequent amendments on 29 April The proposed project as described in the EA is requested to be amended as described in Section 1.1 above. The amendment relates to a change in turbine specifications (generating capacity, height and rotor diameter), as well as the administrative change involving the elimination of the maximum MW produced per turbine in the EA. The number of turbines to be installed and the layout will be the same as that assessed in the original EIA and as authorised. The potential impacts associated with the change in turbine specifications are discussed in below, and compared to the extent of each impact as identified through the original EIA process. The site is located south of Wolseley in the Witzenberg Municipality of the Western Cape. The project is proposed on the following farms: Farm Romans Rivier RE/320 Farm Romans Rivier No. 22/320 Farm De Liefde C RE/334 Farm De Liefde C No. 5/334 Farm De Liefde RE/6/323 Farm Kleineberg No. 64/208 Farm Vaalvlei RE/324 Farm Kleineberg RE/21/208 (Farms name is Tevrede which is a subdivision of Kleineberg 208) Farm De Liefde No. 7/323 (Portion 7 is a portion of Portion 6 of De Liefde 323) After due consideration of the proposed development, associated impacts identified and assessed by the technical specialists during the EIA process, and the inputs from the local community, the EAP concluded, during the original EIA process, that the positive impact of producing renewable energy for South Africans outweighs any of the potential negative impacts. The EAP, however, recommended that negative impacts should, however be mitigated as far as possible by adhering to the mitigation measures and management actions contained within the draft Environmental Management Plan (EMP) submitted and approved. 22

23 The following environmental sensitivities and potential impacts were identified during the original EIA process for the operational phase of the proposed WEF and its associated infrastructure with mitigation measures applied: Visual impacts Medium to Low negative Impacts on avifauna Low negative Impacts on bats Medium negative Noise impacts Low negative It was concluded in the final EIR that the potential positive impacts identified for the construction phase outweighed the negative impacts. This was concluded when weighing up the fact that the permanent operational footprint is small and that all the negative biophysical impacts could be adequately mitigated, juxtaposed with fact that that the area has a pressing need for economic upliftment and employment. Understanding the nature and extent of the proposed amendment to the turbine specifications, and the fact that there will be no change in layout assessed within the original EIA process, the potential for the change in the significance of the impact as assessed in the original EIA for the following is required and has been assessed and evaluated for: Impacts to the avifauna Impacts to bats Visual impacts The potential for change in the significance of impacts is discussed below, and detailed in the specialist reports/ letters attached in Appendices D F: Avifauna impacts (Appendix D): The proposed changes to the turbine dimensions do not materially change the findings and recommendations of the Bird Impact Assessment Study which was completed in February 2013 (for the original EIA process), or the final avifaunal pre-construction monitoring report which was subsequently completed in August The mitigation measures proposed within the original Avifauna Impact Assessment therefore still apply with no additional mitigation measures/ management actions suggested. Bat impacts (Appendix E): The proposed amendments in turbine specifications may be significant to the impacts on bats due to the fact that an increased rotor diameter increases the airspace in which bat mortality may occur. The lowest height of the blades above the ground has slightly decreased resulting in less ground clearance. Additionally, the highest point of the blades has increased. With regards to utilizing turbines with a lower blade ground clearance, a negative correlation was found between bat activity and height from the ground (higher microphones detected less bat activity than lower microphones). Thus the risk of impacts on species of concern may increase with a lower blade ground clearance. Turbines numbered 4, 5, 11, 13, 28 and 29 are located directly on or near the border of high bat sensitivity buffers. Should there be an increase in the eventual turbine size selected, it will result in an encroachment on these high sensitivity buffers. Therefore it is recommended, in the case where a larger turbine is selected, that the current turbine layout be amended and the above mentioned 23

24 turbines foundation localities be moved at least 30 m further away from the high sensitivity buffer zones. If this is not possible these turbines would have to be subjected to a special, more stringent, mitigation regime, which may require increased wind cut in speeds. In general across the entire WEF the proposed increase in rotor diameter is expected to result in a slight increased probability for impact (negative) on bats by the wind turbines. This increased risk must be accounted for during the design of the operational bat monitoring study. If the results of the operational bat monitoring study indicate a need for mitigation, mitigations will have to be applied promptly. Additionally, the mitigation schedule that may be proposed from the operational phase monitoring results, must consider the increased rotor diameter and thereby may need to be subject to slight adjustments of parameters. Once the first year of operational monitoring has been completed, the mitigation may be adjusted further, depending on the data collected. Visual impacts (Appendix F): The significance of the visual impact change caused by the taller turbine tower and longer blade, on the landscape and setting relative to those assessed in the original Visual Impact Report produced for the original EIA process, are medium to low for the increase in visual intrusion and extent of flicker and low for the effect on the landscape character, sense of place and visual quality. The conclusion drawn by the visual specialist from the descriptions of visual impact increase is that the overall significance of the change in height of the tower and the increase in blade length ranges from medium for visibility within 500 m of a turbine to low for distances well beyond that distance. The specialist does not recommend and changes to the mitigation measures originally recommended and contained within the final EIR and draft EMP. From the above it can be seen that no new potential environmental impacts (negative or positive) of the proposed changes in turbine specifications have been identified by the technical specialists, except for the bat specialist, as detailed above. The proposed administrative changes to the EA are merely administrative and will not change the potential environmental impacts as previously assessed in the EIA process undertaken. Thus all the potential impacts of constructing, operating and decommissioning the proposed Wolseley WEF and its associated infrastructure, with turbines of the new specifications, have been identified and assessed and are as documented in the final EIR dated March 2013, as well as this Report and its Appendices. No further mitigation measures or management actions have been proposed to avoid or ameliorate any potential negative impacts, and as such it is recommended that the draft EMP as authorised by the DEA remains unchanged, and has such has not been revised and appended to this Report. 24

25 4. Public Participation and Authority Consultation Process As required by the Competent Authority, a Public Participation Process (PPP), as well as an Authority Consultation Process was undertaken (see Appendix B). The PPP aimed to inform all Interested and Affected Parties (I&APs) and Organs of State, who were registered in the original PPP, of the proposed amendments to the EA. An updated list of Registered I&APs is provided in Appendix G1. I&APs and Organs of State were enlightened as to whether any activities (similarly/ newly listed) listed in GN No. 983, R 984 and 985 of 4 December 2014, are applicable to the Amendment Application. The potential impacts of any new listed activities that may be triggered in terms of the EIA Regulations 2014 were also highlighted. I&APs and Organs of State were informed in writing of the proposed amendments, and the potential changes to the significance of predicted impacts and proposed mitigation measures as was documented and communicated in the original EIA process, and were given a 30-day period to provide comment thereon (see Appendix G2 for copies of the notifications). This Comment Period ran from 14 May to 12 June Written notification of the availability of this Report and the opportunities for comment was sent to all I&APs and Organs of State registered during the previous EIA process. This Report was made available for review from the start of the Comment Period at: SAGIT website: Lithon Office: Ground Floor, Liesbeeck House, River Park, Mowbray (08h00 to 17h00 M-Fri) SAGIT Office: Second Floor, Oakdale House, The Oval, Claremont (08h00 to 17h00 M-Fri) Wolseley Public Library, Essel Street, Wolseley (09h00 to 17h00 M-Fri and 09h00 to 12h00 first and last Sat of the month) All comments received from I&APs by the PPP Office, as well as those received from Organs of State/ Government Departments, are included in Appendix G3 and have been responded to in a Comments and Response Report (CRR), which is appended to this final version of the Amendment Application Report as Appendix G4. 25

26 5. Conclusion and Recommendations No significant change in visual or bird (avifauna) impacts have been predicted by the specialists to those predicted in the original EIA process. As a precaution, and due to a slight increased probability for impact (negative) on bats by the larger wind turbines it is recommended that the increased risk must be accounted for during the design of the operational bat monitoring study. If the results of the operational bat monitoring study indicate a need for mitigation, mitigations will have to be applied promptly. Additionally, the mitigation schedule that may be proposed from the operational phase monitoring results, must consider the increased rotor diameter and thereby may need to be subject to slight adjustments of parameters. Once the first year of operational monitoring has been completed, the mitigation may be adjusted further, depending on the data collected. It is therefore concluded that the proposed changes to the turbine specifications, as well as the administrative changes proposed to the EA for the Wolseley WEF and its associated infrastructure will not alter the impact significance ratings for impacts as assessed in the EIA process previously undertaken, documented, communicated and authorised. The significance of the impacts assessed in the original EIA and the management actions/ mitigation measures proposed therefore remains unchanged. In addition, there are no new impacts identified as a result of the proposed amendments and the EIA Regulations 2014 and its Listed Activities. SAGIT Energy Ventures (Pty) Ltd formally requests that the wording within the authorisation in terms of the project description be amended to accommodate this change to turbine specification and the elimination of the MW produced per turbine. This request is made in terms of Condition 6 of the EA and Regulation 39(1) of the EIA Regulations