6 ESIA PROCESS AND SCOPING

Transcription

1 6 ESIA PROCESS AND SCOPG An EIA is a systematic process that identifies and evaluates the potential impacts a proposed Project may have on the biophysical and social environment and develops mitigation measures that will be incorporated in order to eliminate, minimise or reduce these impacts. As described in Chapter 4, the process in South Africa is regulated by the MPRDA, NEMA and the NEMA EIA Regulations (December, 2014). The overall Scoping and EIA process is illustrated in Figure 6.1. This EIA process that is being undertaken for this Project is aligned with the requirements of these Regulations. Figure 6.1 Environmental Impact Assessment Process Source: DEA,

2 6.1 APPROACH TO THE EIA PROCESS A meeting was held between Kangra Coal, ERM and the DMR on 21 st April 2016 to discuss the process for the EMPr Amendment application. In the meeting DMR confirmed that undertaking an amendment of a Mining Right involves three key amendments and that this is governed by two legal documents. The amendments that need to be undertaken and the legal documents that govern them are as follows: Amendments to the EMPr: governed by the National Environmental Management Act (NEMA) as amended December 2014, Part 2 (Amendments where change in scope occurs) Regulation 31 and 32; Amendments to the Mine Works Programme: governed by the Mineral and Petroleum Resources Development Act (MPRDA) of May 2004, Section 102 (as amended 21 April 2009); and Amendments to the Social and Labour Plan: also governed by the MPRDA (2004, Section 102, as amended 21 April 2009). The proposed inclusion of the MWE underground works, the Central Discard Dump, and the Adit 5, overland conveyor and servitude road with the associated facilities would require an amendment of the Kangra Coal Consolidated EMPr (133 MR). In practice, the DMR expects the holder of a mining right to conduct an EIA and submit an EMPr prior to consent being granted for the EMPr amendment. These processes have already been undertaken for each of the three components mentioned above and was noted by the DMR during the meeting held on the 21 st April Thus the proposed overarching strategy that was discussed with, and accepted by, the DMR is as follows: Kangra coal will undertake to incorporate the following three main processes into a single Section 102 Amendment Application: The MWE underground works; The Adit 5, overland conveyor and servitude road with their associated facilities; and The Central Discard Dump. These three main Project components will be consolidated into the existing 133MR EMPr through the following stepwise process to be undertaken by ERM on behalf of Kangra Coal: 1. Prepare Draft Scoping Report (DSR) (this report); 2. Lodge an Environmental Authorization application; 6-121

3 3. Undertake a Public Participation Process (PPP) in accordance with NEMA Regulation 41 to include a 30 day public comment period; 4. Incorporate the Comments and Responses Report (CRR) from PPP into the DSR; 5. Submit the Final Scoping Report to the DMR; 6. Develop the consolidated EMPr incorporating any comments from the DMR; and 7. Public disclosure of the Draft EIR and EMPr including a 30 day public comment period; and 8. Submit the amended 133 MR EMPr (incorporating the three processes above) to the DMR. The phases are discussed in the following sections. 6.2 SCOPG PHASE A principal objective of the scoping phase is to identify the key environmental, social and health issues and those project activities with the potential to contribute to, or cause, impacts to the environmental and social receptors. At the scoping stage, the key issues are identified (often together with input from key stakeholders) and understood to a level which allows the definition of the Plan of Study (PoS) for the EIA. Issues that are not relevant are scoped out. This enables the resources for the EIA to be focused on collecting required information and identifying significant impacts while carrying out specialist studies and stakeholder engagement activities in an effective and efficient manner. Specifically, the objectives of the scoping phase are to: Understand the legislative context relevant to the Project; Establish a description of baseline conditions; Identify project alternatives and preferred options for the proposed development; Identify stakeholders and plan or initiate communication with these stakeholders so as to gather issues of concern; Identify potential significant impacts; and 6-122

4 Develop the PoS for the EIA which sets out the proposed approach to the EIA, potential impacts to be evaluated and methodology to be used Submission of Application Forms The completed EMPr Amendment application form will be submitted to the DMR together with the Draft Scoping Report. In terms of the 2014 EIA Regulations the Final Scoping Report (FSR) is to be submitted to the CA within 43 days of receipt of the acknowledgement letter. 6.3 PUBLIC PARTICIPATION PROCESS Public participation is an inclusive and culturally appropriate process which involves sharing information and knowledge, seeking to understand the concerns of others and building relationships based on collaboration. It allows stakeholders to understand the risks, impacts and opportunities of the Project in order to achieve positive outcomes. The main objectives of public participation are: to ensure that adequate and timely information is provided to those potentially affected by the Project; to provide these groups with sufficient opportunity to voice their opinions and concerns; and to ensure that comments are received in a timely manner so that they can be taken into account in Project decisions. The NEMA EIA Regulations (December, 2014) require that a Scoping Report be submitted to the regulatory authorities within 44 days following their receipt of the application form. This time is to include a 30 day comment period from stakeholders. The stakeholders will be given an opportunity to ask question s and raise their concerns. These will be incorporated into the process going forward and will be captured in the CRR and addressed as necessary. Compilation of a Stakeholder Database In terms of the NEMA, a register of interested and affected parties (I&APs) must be kept by the stakeholder engagement practitioner. A preliminary database of neighbouring landowners, relevant commenting authorities (local and provincial), and other key stakeholders (ie local businesses) has been compiled. The register will be updated with the details of involved I&APs throughout the EIA process

5 Initial Notification of the Project The Scoping Report will be made available to stakeholders through the Project website ( and hard copies provided at various locations for a period of 30 days. After the 30 day public comment period a CRR will be compiled and included in the Final Scoping Report (FSR) along with any other updates or changes. The FSR (including PoS) will be submitted to the DMR for their consideration. The Comments and Responses Report (CRR) will be included in the FSR and distributed to registered I&APs as required Summary of PPP Undertaken to Date A significant amount of PPP has already been undertaken for the various components being applied for as part of this EMPr Consolidation. These are summarised in Table 6.1, Table 6.2 and Table 6.3. Table 6.1 Kransbank Adit and Overland Conveyor - PPP Activities Activity Details Distribution of Background Background Information Documents (BID) in English Information Document (BID) and isizulu placed at Pixley Ka Isaka Seme Local Municipality Offices, Mkhondo Municipality Offices. Volkust Public Library, Volksrust Post Office, Wakkerstroom Library, Piet Retief Post Office, Piet Retief Library, Driefontein Community Centre, Daggakraal Clinic, Dirkiesdorp Clinic, Dirkiesdorp Police Station. Placing of adverts Adverts were published on 24 April 2015 in English and isizulu in the Excelsior News and The Recorder. Advert published on the 24 April 2015 in Afrikaans in Die Beeld. Putting up site notices Site notices placed at the following locations on the 27 th /28 th April 2015: Dr Pixley Ka Isaka Seme Local Municipality Offices, Mkhondo Municipality Offices. Volkust Public Library, Volksrust Post Office, Wakkerstroom Library, Piet Retief Post Office, Piet Retief Library, Driefontein Community Centre, Daggakraal Clinic, Dirkiesdorp Clinic, Dirkiesdorp Police Station. Notification of I&APs An to registered I&APs, landowners, ward councillors and commenting authorities (Department of Water and Sanitation, Local and District Municipalities) has been sent to notify these parties of the application and availability of the Report. The EIA and EMP were made available at the various locations from 28 April 2015 to 29 May 2015 (30 day public participation period, accounting for public holidays). Comments received from I&APs In addition to the stakeholder meetings, comments were received via correspondence during the public 6-124

6 Activity I&AP meetings Details participation period. Stakeholder meetings were held from Wednesday 6 May 2015 to Saturday 9 May 2015 to afford stakeholders the opportunity to comment on the Project and engage with the EIA team. During these meetings stakeholders requested that formal responses to their comments and queries be provided. Responses were therefore not provided during the meetings, but are included in the Comments and Responses Report (CRR). Hard copies of the CRR were distributed to the stakeholder groups on 10 June Table 6.2 Central Discard Dump - PPP Activities Activity Details Distribution of Background Background Information Documents (BID) in English Information Document (BID) and isizulu and distributed to the registered I&APs (existing Kangra stakeholder database (via , fax and registered post). Copies of the BID was also placed at the Piet Retief Post Office, Thusong Service Center and the Maquasa East mine security office. Placing of adverts A newspaper advertisement was compiled in English and Zulu and was placed in the Excelsior News newspaper on Friday, 4 April 2014 Putting up site notices Copies of the site notice (English and Zulu) were printed in A2 and laminated and were placed at the following 6 locations: Piet Retief Post Office (-27, S; 30, E). Maquasa East Mine Entrance (-27, S; 30, E). Thusong Service Station (-26, S; 30, E). Driefontein Community Hall (-26, S; 30, E). Kangra Community Park (-26, S; 30, E). Mkhondo Municipality Piet Retief (-27, S; 30, E). Notification of I&APs Sms notifications were sent on 7 April 2014 to notify registered I&APs of the project. The EIA and EMP were also made available at the Piet Retief Library, the Maquasa East Security Office, Thusong Service Centre and on the GCS website from 23 April 2014 to 26 May 2014, 9 July 2014 to 30 July 2014, 19 November 2015 to 18 January 2016 and 2 February 2016 to 23 February Obtained comments from I&APs In addition to the stakeholder meetings, comments were received via correspondence during the public participation period

7 Activity Details I&AP meetings The Scoping Phase public meeting was held on 20 May 2014 (16:30 pm) at the Mkhondo Municipal Hall. The minutes of the meeting were distributed via on 17 June Sms s were also sent out on 17 June 2014 informing stakeholders of the availability of the public meeting minutes on the GCS website ( and that the minutes would be sent to them via or post upon request. Table 6.3 Kransbank underground workings PPP Activities Activity Identification of IAPs Background Information Document Details In a project of this nature where an existing EMPr was being amended, the I&APs had already been identified and consulted with regards to the original project. Thus for the integration of 209MR further networking was done to identify, amongst others, the potentially affected landowners and adjacent landowners of the expansion project. At the beginning of the scoping phase, Background Information Documents (BID) were produced and provided to the I&APs on the existing database. The BID was translated from English into Zulu and Afrikaans. In addition, BIDs were handed out to landowners affected by the extension of the Maquasa West Underground mine. The purpose of a BID document was to provide I&APs with basic background information pertaining to the proposed activities, the consultation process and the specialist studies being conducted. It further provided members of the public interested in the project with the opportunity to register as I&APs, by completing the registration sheet included in the BID. This ensured that their names and contact details would be captured on the database and that they would receive all project-related information and invitations to meetings. A comment sheet was also provided to enable I&APs to furnish the consultants with written comments. Individual Interviews and Meetings Individual meetings were held with important stakeholders. These stakeholders were identified and drawn from the existing I&APs list. These included mainly surface rights holders on the affected property and adjacent landowners. 6.4 SPECIALIST STUDY PHASE Specialist studies have been identified to address key issues of concern. The findings of these studies will be incorporated into the Environmental Impact Assessment Report (EIR) that will close out the Integration and Assessment 6-126

8 Phase. Further information related to the approach to the specialist studies is contained in the PoS for EIA in Section TEGRATION AND ASSESSMENT PHASE The final phase of the EIA is the Integration and Assessment Phase, which is described in detail in the PoS for EIA (Chapter 8). The assessment of impacts proceeds through an iterative process considering three key elements: Prediction of the significance of impacts that are the consequence of the proposed development on the natural and social environment. Development of mitigation measures to avoid, reduce or manage the impacts. Assessment of residual significant impacts after the application of mitigation measures EIA Phase Public Participation The Draft EIR and EMPr will be sent to registered I&APs for a further 30 day public comment period in which any further comments or queries will be addressed, the CRR updated and final amendments made to the EIR and EMPr. The CRR will be appended to the Final EIR, which will be submitted to DMR for decision-making. All registered I&APs will be notified of the DMR s decision regarding the Environmental Authorisation (EA). The notification will include the details of the appeal procedure in accordance with the National Appeal Regulations,

9 7 IDENTIFICATION OF POTENTIAL IMPACTS 7.1 TRODUCTION A key part of the Scoping phase is a preliminary analysis of the ways in which the Project may interact (positively and negatively) with environmental (including physical and biological receptors) and social resources or receptors. The impacts that are identified as potentially significant during the scoping process provide focus for the studies undertaken during the EIA phase. Each of the potential impacts will be discussed and assessed in more detail in the draft EIA Report. In order to complete the EIA scoping phase, the EIA team will draw upon: knowledge of sources of potential impacts; an identification of the main environmental and social resources and receptors from the previous work undertaken on 133 MR; and the results of the initial scoping consultation and previous consultation undertaken. This Chapter provides a preliminary identification and evaluation of the environmental and social impacts of the Project. 7.2 OUTCOMES OF THE SCOPG PROCESS The scoping process identifies potential impacts through a systematic process whereby the activities associated with the Project phases are considered with respect to the potential to interact with identified resources and receptors. Interactions are then classified in one of four categories: No interaction, where the Project is unlikely to interact with the resource/receptor; Interaction likely, but not likely to be significant: where there is likely to be an interaction, but the resultant effect is unlikely to change baseline conditions in an appreciable way; Significant interaction, where there is likely to be an interaction, and the resultant impact has a reasonable potential to cause a significant effect on the resource or receptor; and Positive interaction, where there is likely to be a positive interaction, and the resultant impact has a positive effect on the resource or receptor

10 The resources and receptors relevant to the baseline environment are listed in the vertical axis of the matrix with the Project phases and whether the resource/ receptor is scoped in or not are listed across the horizontal axis. Each resulting cell on the scoping matrix thus represents a potential interaction between a project phase and a resource or receptor. Those interactions with the potential for significant effects will be subjected to a detailed assessment during the EIA process. The completed scoping matrix is presented in Table 7.1, Table 7.2 and Table 7.3. A discussion of the aspects that are scoped in is included in Table 7.4. Table 7.1 Scoping Matrix - MWE Underground Works (209 MR) Impact Assessed Applicable Phase of the Project Scoped / OUT Constru ction Operati on Decommis sioning Postclosure Soils, Land Use and Land Capability Impact on soils, land use and land capability OUT all activities will be underground Surface Water Impacts on surface water X X X quality and quantity Groundwater Mine water inflows and X X X decant Impact of water level drawdown on groundwater users X X X Impacts on water quality X X X Impact of reduced baseflow on surface water and wetlands X X X Air Quality Impacts on air quality OUT - all activities will X be underground Noise Impacts on noise X Blasting Blasting Impacts X X Biodiversity Dewatering and loss of watercourse and associated hydromorphic grasslands X X X Visual No visual impacts are expected due to underground mining Archaeology & Heritage No archaeological impacts are expected due to no surface works. Socio-economic OUT - all activities will be underground OUT - all activities will be underground OUT - all activities will be underground 7-129

11 Table 7.2 Scoping Matrix - Adit 5 and Overland Conveyor Impact Assessed Applicable Phase of the Project Scoped / OUT Constru ction Operati on Decommis sioning Postclosure Socio-economic impacts X Impact Assessed Applicable Phase of the Project Interaction Constru ction Operati on Decommis sioning Postclosure Soils, Land Use and Land Capability Impact on soils, land use X X X and land capability Surface Water Impacts on surface water X X X quality and quantity Groundwater Mine water inflows and X X X decant Impact of water level drawdown on groundwater users X X X Impacts on water quality X X X X Impact of reduced baseflow on surface water and wetlands X X X Air Quality Impacts on air quality X X X Noise Impacts on noise X X X Blasting Blasting Impacts Biodiversity Dewatering and loss of watercourse and associated hydromorphic grasslands X X X Visual Visual impacts X X X Archaeology & Heritage Impacts on archaeology X and heritage Socio-economic Socio-economic impacts X X X X OUT minimal blasting is planned, only when the continuous miner is unable to proceed due to hard rock

12 Table 7.3 Scoping Matrix Central Discard Dump Impact Assessed Applicable Phase of the Project Scoped / OUT Constru ction Operati on Decommis sioning Postclosure Soils, Land Use and Land Capability Impact on soils, land use X X X and land capability Surface Water Impacts on surface water X X X X quality and quantity Groundwater Impacts on groundwater X X X quality Air Quality Impacts on air quality X X X X Noise Impacts on noise X X X Blasting Blasting Impacts Biodiversity Dewatering and loss of OUT watercourse and associated hydromorphic grasslands Visual Visual impacts X X X X Archaeology & Heritage Impacts on archaeology X and heritage Socio-economic Socio-economic impacts OUT 7.3 DESCRIPTION OF POTENTIAL IMPACTS This section contains a description of the potential environmental, socioeconomic and heritage impacts related to the expansion of underground mining into the Maquasa West Extension area, the construction and operation of the new main adit, the overland conveyor and the new discard dump. These impacts have been identified through all the previous work that has been undertaken on 133 MR including numerous specialist studies

13 Table 7.4 Impacts identified that have been Scoped Aspect Soils, land use and land capability Project Activity Clearance of vegetation where construction is occurring can result in soil erosion due to exposure of open surfaces to wind and/ or rainfall after the removal of the vegetation roots that currently bind the soil. There will definitely be land clearance associated with the construction phase of the main adit, the overland conveyor and the discard dump. Site soil compaction could be caused by heavy machinery that will be on site for vegetation clearance and establishment of the discard facility. Compaction of soils will tend to stabilise foundations and decrease seepage. A Soil Baseline Study and Impact Assessment have been undertaken for the various components and will be included and assessed in the EIA. Surface Water Surface water quality in the Hlelo River and the Egude River to the west along with their tributaries may be impacted upon. This could occur as a result of the mobilisation of sediment following vegetation clearance; dust created from clearance and earthworks reaching the water resource; uncontrolled runoff from areas where the spillage of wash water or hydrocarbons have occurred. Surface water quantity could also be impacted as runoff characteristics of the footprint area will be altered due to the clearance, construction, stockpiling of overburden and soils; and the construction of storm water management structures to separate clean and dirty water. The compaction of surfaces would increase the amount of runoff, while the capturing of water within the dirty water catchment would reduce the amount of water reaching the surface water resource. A Surface Water Baseline Studies and Wetland Delineation as well as Impact Assessments have been undertaken for the various components and will be included and assessed in the EIA. Groundwater During the construction phase of the development, minimal impact on the groundwater system is expected. However, the potential spillage of oils and fuels, etc. has the potential to impact on the quality of the groundwater resource. These impacts are considered a negligible/low impact, localised and of short duration. However, a large hydrocarbon spill could have a severe adverse long-term impact. Groundwater quantity is likely to be affected by a number if the activities, the extension of the Maquasa West Extension underground activities in particular. In addition the construction of the Adit 5 will impact groundwater flows and needs to be assessed. The impacts on groundwater can have incremental impacts on the surface water quantities as well due to baseflow reductions. A Groundwater Baseline Study and relevant modelling as well as an Impact Assessment will be undertaken for the various components and will be included and assessed in the EIA

14 Aspect Air Quality Project Activity There are likely to be some air quality impacts associated with the clearing and construction of the surface infrastructure, including the main adit, the overland conveyor and the discard dump. There is also the potential for dust generation during disposal activities at the discard dump. An Air Quality Baseline Study and an Impact Assessment have been undertaken for the various components and will be assessed in the EIA. Noise Noise impacts are expected throughout all phases of mining. There will be additional noise impacts during construction and decommissioning due to additional heavy machinery working on the surface. Noise is also expected during the operational phase due to activities at the main adit, the overland conveyor and the use of vehicles and machinery at the discard dump. A Noise Baseline Study and an Impact Assessment have been undertaken for the various components and will be assessed in the EIA. Biodiversity Due to Kangra Coal s 133 MR falling into the Eastern Highveld Grassland ecosystem (listed by SANBI as Vulnerable), areas to be cleared for construction need to be assessed. Additionally the area is listed as an Important Bird Area and thus also needs to have an assessment done. Potential impacts on fauna and flora on 133 MR and surrounding areas need to be assessed as well. Wetland Delineation, Aquatic Ecology, Flora and Terrestrial Ecology Baseline Studies as well as Impact Assessments have been undertaken for the various components and will be assessed in the EIA. Visual There are likely to be visual impacts associated with the main adit, the overland conveyor and the discard dump due to changes in the landscape. Dust generation is also likely to cause poor visibility conditions, however, this impact is expected to be limited in spatial extent and duration. A Visual Baseline Study and an Impact Assessment have been undertaken for the various components and will be assessed in the EIA. Archaeology & Heritage Land clearance for construction of the Adit 5, overland conveyor and the discard dump have the potential to impact on local archaeology and heritage. An Archaeology and Heritage Baseline Study and an Impact Assessment have been undertaken for the various components and will be assessed in the EIA

15 Aspect Socio-economic Project Activity There is the potential for socio-economic impacts to surrounding communities, both positive and negative. Some labour will be required during the construction of the main adit and the overland conveyor with a few jobs also being created during operations at these sites. In general though the expectation for employment is expected to be high and needs to be properly managed. A Socio-economic Baseline Study and an Impact Assessment have been undertaken and will be assessed in the EIA Cumulative Impacts Section 2 of the NEMA requires the consideration of cumulative impacts as part of any environmental assessment process. Furthermore this is carried forward into Appendix 3 (j) (i) of the NEMA Regulations (2014) which requires assessment of cumulative impacts in an EIA Report. Cumulative impacts associated with this type of development could lead to initial, incremental or augmentation of existing types of environmental degradation, including impacts on the air, soil and water present within available habitat. Pollution of these elements might not always be immediately visible or readily quantifiable, but incremental or fractional increases might rise to levels where biological attributes could be affected adversely on a local or regional scale. In most cases these effects are not bound and are dispersed, or diluted over an area that is much larger than the actual footprint of the causal factor. Similarly, developments in untransformed and pristine areas are usually not characterised by visibly significant environmental degradation and these impacts are usually most prevalent in areas where continuous and long-term impacts have been experienced. The nature of the development is such that pollution and degradation of the surrounding areas are expected to some extent. Cumulative impacts are assessed over the entire lifespan of the mining operation and are therefore not broken down into the construction, operation and decommission phases. These cumulative impacts will be assessed in the EIA Phase of this Project and could include: Soils; Groundwater; Surface water; Air quality; Noise; Fauna and flora; Visual; and Socio-economic

16 8 PLAN OF STUDY FOR THE EIA 8.1 TRODUCTION According to Appendix 2 (i) of the NEMA Regulations (2014) a PoS needs to be included in the Scoping Report which outlines the EIA process to be undertaken. A key outcome of scoping activities (described in Chapter 6) is the PoS for a full EIA study. This Chapter provides the proposed PoS for the EIA and is structured as follows. Alternatives to be considered and assessed; Aspects to be assessed as part of the EIA process; Aspects to be assessed by specialists; The proposed EIA methodology including assessment of duration and significance; Stakeholder engagement and authority consultation; Steps that will be carried out to complete the EIA process; Structure of the EIA Report (or EIS); and Schedule for the EIA process. 8.2 PROJECT ALTERNATIVES CONSIDERED The Project alternatives that have been assessed in the process of Scoping have been addressed in Chapter 3. These included: MWE underground works: Alternative land uses; Alternative technology/ mining methods; and Alternative mineral processing methods. Adit 5 and overland conveyor: Alternative adit locations; and Alternative routes for the overland conveyor. Central Discard Dump: Alternative of expanding the existing Maquasa East discard dump; and 8-135

17 Development of a new discard dump. For each of these components, the No Go option was also considered, meaning that the proposed expansions would not be implemented. This in turn would shorten the LoM and prevent the exploitation of important coal resources and the retention of employment in the long term. 8.3 ASPECTS TO BE CONSIDERED THE EIA Potential impacts associated with the development of the MWE underground works, the new Adit 5 and overland conveyor and the discard dump have been identified in Chapter 7. These impacts have been, and will be further, assessed during the EIA phase to ensure that all potential impacts are covered and a Consolidated EMPr for 133 MR will then be generated for the management of all these aspects, to be implemented by Kangra Coal. Potential impacts that have been identified in Chapter 7 include: Soils, land use and land capability; Groundwater; Surface water; Air quality; Noise; Fauna and flora; Visual; Archaeology and Heritage; and Socio-economic. 8.4 ASPECTS TO BE ASSESSED BY SPECIALISTS Specialist studies have already been undertaken for the main adit, overland conveyor and discard dump and are listed in below. For the inclusion of the MWE underground works into the Consolidated 133MR EMPr the groundwater information collected for the Adit 5 and overland conveyor as well as for the discard dump and other existing information will be remodelled and assessed to include the 209 MR underground works. The Terms of Reference (ToR) for the groundwater study are included in Section Although some of the studies were undertaken almost two years ago the findings of these specialist studies are still applicable as there has been no environmental change during this period. Specialist studies undertaken for the Adit 5 and Overland Conveyor (ERM, completed in 2014): Surface water and groundwater; Biodiversity; 8-136

18 Heritage; Air quality; Noise; Soils, land use and land capability; Visual; Public participation process; and Socio-economic; Specialist studies undertaken for the Central Discard Dump (GCS, completed in 2015/2016): Soils, land use and land capability; Hydrological study; Wetland and aquatic assessment; Ecological assessment; Avifaunal assessment; Hydrogeological investigation; and Geotechnical assessment. Specialist studies undertaken for the MWE (209MR) (Oryx Environmental, completed in 2006): Geology; Climate; Topography, Soils, Land Use and Land Capability; Flora and Fauna; Groundwater; Surface Water; Air Quality; Noise and Vibrations; Sensitive Landscapes and Visual Aspects; and Socio-economic Terms of Reference (ToR) for Groundwater Study As mentioned in the previous section, the groundwater impacts need to be reconsidered to include the MWE (209 MR). The ToR for this Groundwater Study are thus outlined in Table 8.1. Table 8.1 Plan of Study for Groundwater Impact Statement Report Specialist Louis Botha Groundwater Square Plan of Study Groundwater Impact Statement Report Project Terms of Reference include: Discussions on project approach; Site visit and discussions with relevant mine personnel; Collate existing data (groundwater, mine planning, aquifer 8-137

19 Specialist Plan of Study geometry and geological); Perform cross-sections through mining area; Prepare maps; Identify potential groundwater-related impacts; Perform impact calculations and spreadsheet modelling of operational mine water balance, time for mine to flood after closure, etc.; and Compile impact statement on potential long-term geochemical conditions. 8.5 PROPOSED EIA METHODOLOGY To ensure uniformity with the previously approved Kangra Coal s Consolidated EMPr, the assessment of potential impacts will be addressed in a standard manner so that a wide range of impacts is comparable. The methodology used for this impact assessment is detailed in this section. Each impact identified will be assessed in terms of probability (likelihood of occurring), scale (spatial scale), magnitude (severity) and duration (temporal scale). To enable a scientific approach to the determination of the environmental significance (importance), a numerical value will be linked to each rating scale. The following process will be followed: The following criteria will be applied to the impact assessment for the EIA/EMPr: Occurrence Probability of occurrence (how likely is it that the impact may occur?); and Duration of occurrence (how long may the impact last?). Severity Magnitude (severity) of impact (will the impact be of high, moderate or low severity?); and 8-138

20 Scale/extent of impact (will the impact affect the national, regional or local environment, or only that of the site?). Status of Impact +: Positive impact -: Negative impact N: Neutral (no impact) In order to assess each of these factors for each impact, the following ranking scales were used: Probability:=P 5 Definite/don t know 4 Highly probable 3 Medium probability 2 Low probability 1 Improbable 0 None Scale:=S 5 International 4 National 3 Regional2 Local 1 Site only 0 None Status of Impact +: Positive -: Negative N: Neutral Duration:=D 5 Permanent 4 - Long-term (ceases with the operational life) 3 - Medium-term (5-15 years) 2 - Short-term (0-5 years) 1 Immediate Magnitude:=M 10 - Very high/don t know 8 High 6 Moderate 4 Low 2 Minor 8-139

21 Once the above factors have been ranked for each impact, the environmental significance of each was assessed using the following formula: SP = (magnitude + duration + scale) x probability SIGNIFICANCE ENVIRONMENTAL SIGNIFICANCE COLOUR CODE POTS High (positive) >60 H Medium (positive) 30 to 60 M Low (positive) <30 L Neutral 0 N Low (negative) >-30 L Medium (negative) -30 to -60 M High (negative) <-60 H 8.6 STAKEHOLDER ENGAGEMENT AND AUTHORITY CONSULTATION Stakeholder engagement to be undertaken during the EIA phase is detailed in Section 6.3 and includes: Draft EIR 30 days public commenting period; Comments and Responses Report; Notification of the DMR s decision. Table 8.2 lists the key commenting authorities that will be consulted throughout the EIA process: Table 8.2 Commenting Authorities Organisation Name Designation Gert Sibande District Municiplaity Mr. O.G. Xaba Director: Gert Sibande District Mkhondo Local Municipalioty Vusiwe Dube Environmental Manager Dr Pixley Ka Isaka Seme Local Municipality Ms Tebogo Mogakabe Manager: Municipal Environmental Services at Gert Sibande District Municipality Mpumalanga Department of Water & Sanitation Mr F Guma Chief Director: Mpumalanga - Mbombela DARDLEA - Ermelo Mr. O.G. Xaba Director: Gert Sibande District I&APs will be able to register and will be included on the stakeholder database and will be given the opportunity to comment on all reports before submission to the CA. 8.7 NEXT STEPS TO COMPLETE THE EIA Following the scoping phase of the Project, the EIA team will: Update and finalise the technical project description as further engineering details become available, working closely with project engineers to 8-140

22 confirm information such as the final layout, and construction and operation plans; Conduct public participation activities and further refine the scope of the EIA if necessary; Conduct any additional baseline studies through desktop research and field studies in the Project area to complete a comprehensive description of the environmental and social conditions; Develop mitigation and enhancement measures for the additional Project components and develop an EMPr including an approach for monitoring; Consolidate new Project components and associated management measures into the existing 133 MR to generate a Consolidated EMPr; Develop an Emergency Response and Environmental Awareness Plan Develop the Financial Provision for Closure; Develop an Environmental Rehabilitation Plan; Disclose the EIA and EMPr and findings to registered I&APs and the relevant authorities; and Submit the Final EIA and EMPr to the DMR

23 8.8 STRUCTURE OF THE EIA REPORT An outline of the proposed contents of the main volume of the EIA Report is provided in Table 8.3. Table 8.3 Proposed EIA Report Structure Chapter Chapter 1 Introduction Chapter 2 Project Description Chapter 3 Project Alternatives Contents Presents a brief background to the proposed Project, the Project motivation, the project proponent and EIA team, and the purpose and structure of the report Describes the Project Area and the proposed Project components Discusses the Project alternatives that have been considered in the EIA process Chapter 4 Legal Background Describes the legislative, policy and administrative requirements, as well as international good practices and standards/guidelines applicable to the proposed Project Chapter 5 Detailed Provides a detailed baseline assessment of the receiving physical Environmental Description and biological environment in the Study Area Chapter 6 Public Summarises engagement activities with Interested and Affected Participation Process Parties for the EIA Project Chapter 7 Identification and Assessment of Environmental Impacts and Environmental Management Programme Chapter 8 Monitoring Management Programme Chapter 9 Environmental Emergency Response Plan and Environmental Awareness Plan Chapter 10 Financial Provision Chapter 11 Environmental Rehabilitation Programme Chapter 12 Conclusion Presents the predicted impacts to the physical and biological environment as a result of the proposed Project and associated mitigation Outlines procedures essential for effectively monitoring social and environmental mitigation/management measures Outlines procedures for effective education of employees, contractors and their sub-contractors on social and environmental matters and responsibilities Outlines procedures essential for effectively containing emergency situations for the proposed Project Presents a cost estimate for environmental rehabilitation and closure of the proposed Project Details the framework which aims to address environmental issues related to rehabilitation, decommissioning and closure of the proposed Project Summarises the key findings of the EIA Study The content may alter slightly during the evolution of the Project or based on the findings during the process, however, it is anticipated that the contents of the EIA and EMPr will align broadly within the suggested framework

24 8.9 PROVISIONAL SCHEDULE FOR THE EIA PROCESS A provisional schedule for the EIA is provided in Table 8.4 below. Table 8.4 Provisional EIA Schedule Activity Timing Start Finish Public disclosure of Scoping Report 9 September October 2016 Submit the Scoping Report and PoS to DMR 14 October 2016 DMR to Accept or Reject PoS 14 October November 2016 Conduct the EIA November 2016 Mid December 2016 Public disclosure of Draft EIR and EMPr End November 2016 January 2017 Submission of Final EIA Report to DMR January

25 9 CONCLUSIONS This Scoping Report presents a description of the proposed Project: MWE underground works, the Adit 5 and overland conveyor in Maquasa West Extension and Maquasa West, and the new Central Discard Dump. Alternatives for the Project including activity, location, process and site layout alternatives are described in Section 3 while Section 5 provides a description of the existing biophysical and socioeconomic environment of the Project site which may be directly or indirectly affected by the Project. A number of key issues/potential impacts that are expected as a result of the development of the Project have been identified in this Report. These issues / potential impacts will be further investigated during the EIA phase which is outlined in the PoS (Section 8). The following aspects will be further investigated during the EIA: Soils, land use and land capability; Groundwater; Surface water; Air quality; Noise; Fauna and flora; Visual; Archaeology and Heritage; and Socio-economic. This Draft Scoping Report has been made available for a 30 day public comment period. Comments on the Draft Scoping Report must be submitted by 09 October 2016 to the following: MS LISA OTTEN (ERM) POSTAL ADDRESS: POSTNET SUITE 624, PRIVATE BAG X29, GALLO MANOR, 2052 TEL: (011) FAX: (011) LISA.OTTEN@ERM.COM Following the comment period, the Scoping Report will be finalised, incorporating and responding to all relevant comments. The Final Scoping Report will be submitted to the DMR for their review and decision

26 10 REFERENCES Gert Sibande District Municipality IDP. (2012). Final IDP 2012/13 to 2016/17, Mpumalanga: District Municipality. Department of Environmental Affairs Highveld Priority Area Air Quality Management Plan. Government Notice 144, Government Gazette No Department of Water Affairs Operational Guideline: Integrated Water and Waste Management Plan for the preparation of the Water Quality Management Technical Document to support the Application for Licences for Mining and Industries in Terms of the Requirements of the National Water Act, 1998 (Act 36 of 1998). Dr Pixley Ka Isaka Seme Local Municipality Final IDP. 2015/ /17. GCS (Pty) Ltd Kangra Coal Pty (Ltd): Proposed Expansion of Mining Operations: Environmental Impact Assessment and Environmental Management Programme Report. Geotail (Pty) Ltd Kangra Project Design Report for New Maquasa East Coal Discard Dump. Report no. GT-06/2014-Rev 1. Hatch Kusipongo Expansion Project - Concept Discard Dump Report - Issued for Client Review. Kangra Coal (Pty) Ltd Social and Labour Plan for Kangra Coal Operations, Mkhondo District- Mpumalanga Mkhondo Local Municipality Final. IDP Okubo, S. and Yamatomi, Y. Underground Mining Methods and Equipment. Civil Engineering Vol II. Pistorius JCC A Phase I Heritage Impact Assessment Study for Kangra Coal (Pty) Ltd (Kangra Coal) Proposed New Mining Areas and Roads for the Maquasa East and the Nooitgesien Open Cast Operations Near the Heyshope Dam between Ermelo and Piet Retief in the Mpumalanga Province of South Africa. Wetland Consulting Services Kangra Maquasa East and Maquasa West Proposed Opencast Expansion Projects: Wetland Delineation, Ecological and Impact Assessment Report. Websites Accessed

27 World coal association. (2011). Coal statistics. < resources/coal-statistics. Accessed on US Energy Information Administration. cab.cfm?fips=sf. Accessed on Eberhard a. (2010). South African Coal: Market, Investment and Policy challenges. < south%20african%20coal%20paper_15_12_2010_17821.pdf>. Accessed on NSWMG. - Accessed 4 March 2015 Wikipedia. - accessed 4 march