APPENDIX E PERMITS/LICENCES

Transcription

1 APPENDIX E PERMITS/LICENCES

2 APPENDIX E1: HERITAGE WESTERN CAPE COMMENTS

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7 APPENDIX E2: PROOF OF SUBMISSION OF WATER USE LICENCE APPLICATION

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9 WATER USE AUTHORISATION REPORT CONSTANTIA UITSIG ESTATE Report prepared by: Michelle Roux Contact number: Date: May 2017 HDL Consulting Page 0

10 Contents CONTENTS INTRODUCTION TO APPLICATION Background Details of the applicant Location of the project TECHNICAL INFORMATION Background on existing water uses and permits Taking of Surface water Taking of ground water Storage of water Water uses applied for Project description Catchment and Hydrology Water Demand Analysis Water Supply Analysis for the intended activities Detail on preliminary dam design Dam Safety requirements CONSIDERATION AND ASSESSMENT CRITERIA Impacts of Activities on water resources and mitigation measures Increased taking of water from the tributary of Grootboschkloof River Construction of dam Catchment Management Strategy The reserve The class and resource quality objectives of the water resource Inputs from other Stakeholders / Interested and Affected Parties Environmental Impact Assessment Motivation in terms of Section 27 of NWA CONCLUSION HDL Consulting

11 ABBREVIATIONS AND ACRONYMS: APP Approved Professional Person B-BBBEE Broad-Based Black Economic Empowerment BO/DCMA Berg Olifants/Doorn Catchment Management Agency CMA Catchment Management Agency/Area DEA&DP Department of Environmental Affairs & Development Planning DSO Dam Safety Office DWS Department of Water and Sanitation EAP Environmental Assessment Practitioner ELU Existing Lawful Water Use GA General Authorisation GN Government Notice GWCA Government Water Control Area NWA, 1998 National Water Act, 1998 (Act 36 of 1998) V&V Verification and Validation WARMS Water Use Registration Management System WUA Water Users Association WULA Water Use Licence Application HDL Consulting

12 1. INTRODUCTION TO APPLICATION 1.1 Background The Constantia Uitsig Farm is located on the edge of the Constantia suburb to the Northwest of the Spaanschemat Road. The Constantia Valley in which this application falls is situated within the Cape Regional District. Most of the Constantia Valley is residential developed areas with small remnants of agricultural activities such as Groot Constantia and Buiteverwachting in close proximity to the Constantia Uitsig Estate. The properties that form part of the Uitsig Constantia Estate are Erf 3025 and Erf Erf 3025 consists of mainly buildings and no agricultural activities have taken place on this property. Erf 9795 however is in extent of ha and vineyards are cultivated on this property. A deeds survey revealed that Erf 9795 was proposed to be subdivided into Erf and Erf 13030, but no Deeds info are available for these erven. Attached to this report is the SG diagram also showing the proposed subdivision. The Uitsig farm has recently changed ownership and the Estate Management embarked on an investigation to construct a dam of m 3 for irrigation purposes. The construction of the dam requires approval in terms of NEMA and in terms of NWA. The property formed part of the recent V&V project and the existing lawful water use was established prior to the transfer of the property. Wateright Consulting CC confirmed that the calculation of the ELU for the Uitsig farm was in line with DWS principles. The Wateright Report is attached. Figure 1: Locality Google map of Constantia Uitsig Farm HDL Consulting Page 1

13 1.2 Details of the applicant The applicant is Meerenhof Properties (Pty) Ltd which is known and operates as Constantia Uitsig Estate. The property owner is Meerenhof Properties (Pty) Ltd which owns the following properties: Table 1: Property detail of Meerenhof Properties (Pty) Ltd Property owner Property detail District Extent (ha) Meerenhof Properties (Pty) Ltd Erf 3025 Constantia Meerenhof Properties (Pty) Ltd Erf 9795 Constantia Location of the project The Uitsig farm is located at the base of the Constantiaberg Mountains at the edge of the Constantia suburb. A tributary of the Grootboschkloof and some associated wetlands drain from west to east through the Uitsig Farm. This stream was extensively modified by the surrounding agriculture activities. The property is situated in the Cape Regional District in the City of Cape Town s area of jurisdiction in the Western Cape Province. Although the Constantia Valley is made up of residential areas, it still has some remnants of intensive agricultural activities in the valley. The Uitsig farm is surrounded by the farms Buitenverwachting and Klein Constantia to the North as well as the suburb of Nova Constantia to the East. Immediately downstream of the farm is residential development. The project falls within the Berg Olifants/Doorn Water Management Area within the G22D quaternary catchment area. 2. TECHNICAL INFORMATION 2.1 Background on existing water uses and permits The Berg/Olifants CMA is in the process to establish the ELU for all registered properties in terms of Section 35 of the NWA. Aurecon was appointed to drive the V&V process in the Berg/Olifants CMA and it is planned to be finalised during All the water users were requested to verify the water uses that have been registered to their respective properties versus the actual use as in the year The water use that took place during the window period of 2 years prior to the implementation of the NWA is currently being verified in terms of the irrigation areas that are visible on the 2000 aerial photographs. The 2000 aerial photographs are used as a baseline to determine the ELU of all water users. The Uitsig Farm has participated in the V&V process and the information submitted to Aurecon are attached to this report. HDL Consulting Page 2

14 Figure 2: Aerial Photo dated 2000 showing irrigated areas Uitsig Farm The preliminary ELU was determined using the same methodology as used during the V&V project by Aurecon. The preliminary ELU is summarised in table 2 below: Table 2: The possible ELU that was used for irrigation on the properties belonging to Meerenhof Properties (Pty) Ltd Property District Irrigation Taking of surface Taking of Storage(m3) detail (ha) water (m3/a) ground water (m3/a) Erf 3025 Constantia Erf 9795 Constantia Total HDL Consulting Page 3

15 Figure 3: Determination of ELU for Uitsig Farm The total ELU for this property was established to be m 3 /a against an area of 35.22ha. A quota of 4 500m 3 /ha/a was used by Aurecon during the V&V project for the Constantia area. Since the Constantia area is a high rainfall area the additional water requirement will only supplement the irrigation shortfall. Some m 3 of the water used for the irrigation of the vineyards was ground water taken from the existing boreholes on the Uitsig Estate and the other m 3 was taken directly from the tributary of the Grootboschkloof River. It is estimated that m 3 /a of ground water was used for domestic households on the Estate, stock watering for the horses and in the wine cellar. There are 3 existing storage dams on the property. These dams were estimated to have a total capacity of m 3. HDL Consulting Page 4

16 2.1.1 Taking of Surface water The total volume of water used for the irrigation of 35.22ha of vineyards is estimated as m 3 /annum of which m 3 is surface water taken from a tributary of the Grootboskloof River and the other m 3 is taken from ground water. No irrigation has taken place on Erf 3025, Constantia, as this area is a residential area with no agricultural activities present. Figure 4: Erf 3025, Constantia showing no agriculture activities on aerial photo dated Taking of ground water Over and above the m 3 of ground water taken for the irrigation of the vineyards, a further m 3 ground water was taken for household use from the existing boreholes on the Estate. The groundwater is used in the cellar, stock watering for the horses and household water for 10 houses on the Estate Storage of water The existing storage capacity on the property Meerenhof Properties (Pty) Ltd is listed in table 4. All the existing dams are relatively small, however the downstream residential area makes it a high safety risk should the dam walls not be inspected and maintained on a regular basis. Attached is an abstract from the Santam Policy in order to cover the potential dam failure risk. HDL Consulting Page 5

17 Table 3: Detail on Storage dams Uitsig Farm, Constantia Property detail District Dam name Estimate storage capacity (m3) Erf 9795 Constantia Dam Erf 9795 Constantia Dam Erf 9795 Constantia Dam TOTAL Figure 5: Existing storage dams on Uitsig Farm, Constantia 2.2 Water uses applied for This application is to create a secure source of water by the construction of storage facility with a capacity of m 3 on the farm Uitsig in Constantia. A new storage dam is proposed with a capacity of m 3. This dam will be within the riparian and associated wetland area of the tributary of the Grootboschkloof River and will therefor also need authorisation in terms of Section 21(c) & (i) of the NWA. HDL Consulting Page 6

18 Most of the water, taken for storage, can be regarded as ELU. The ELU that was taken from the tributary of the Grootboschkloof River and used on Erf 9795, Constantia was verified as m3/a. This water will therefore no longer be taken for direct irrigation, but will only be taken during high flow periods which will be stored in the proposed dam and to be used for irrigation during the summer. This application also includes the taking of additional m 3 from the tributary of the Grootboschkloof River. All water taken will be measured and recorded as proposed in the Dam Operational Plan attached to this report. The total volume of surface water that will be taken from the tributary of the Grootboschkloof River will be m 3 /a. Table 4: Water uses applied for on the property Uitsig Farm, Constantia Water Use Volume(m 3 ) Latitude Longitude 21(a) Taking of water o S 18 o E 21(b) Storing of water o S 18 o E 21(c) Impeding/Diverting water 34 o S 18 o E 21(i) Changing the bed, banks or characteristics of a water course 34 o S 18 o E 2.3 Project description Different options were investigated to create storage facilities on the Uitsig Farm in Constantia. It was established that the best option is the construction of a single dam that will inundate the two smaller dams. The dam will be constructed in the stream at the position of Dam 1. This option will reduce the impact and retain more of the wetlands. It will also be the best option in the wetland rehabilitation plan. The proposed dam is in-stream as it is situated within an unnamed tributary of the Grootboschkloof River. The dam is proposed to be an earth fill dam with a clay core and it will have an open channel spillway. The capacity of the dam will be m 3. An additional taking of m 3 water will be taken from the tributary of the Grootboschkloof River for the storing and irrigation of the 35.22ha of vineyards on the Uitsig Farm. 2.4 Catchment and Hydrology The catchment and hydrology for the existing dam on the Uitsig Farm was investigated to ensure that the run-off from the catchment will fill the dam. Attached is the supporting document from ICE Tygerberg (Pty) Ltd that includes the run-off calculations and the catchment area for the proposed dam. The proposed dam will be filled with the run-off from the 3.1km 2 catchment area. The MAP for this area is 1088 mm and the MAR was determined to be m 3. The Desktop Reserve Model was utilised to generate the environmental flow requirements and was extrapolated to the catchment run-off for the tributary at the dam site. Details on these calculations are attached in the Freshwater Impact Assessment Report compiled by Blue Science dated March HDL Consulting Page 7

19 These calculations show that the estimated run-off will be sufficient to fill the existing dams on Buitenverwacht Farm and the proposed new Uitsig dam. It will also be able to cater for the reserve releases as specified by the Approved Reserve Determination. 2.5 Water Demand Analysis The Uitsig Farm irrigated 35.22ha vineyards during the year 2000 and the vineyards were irrigated directly from the tributary of the Grootboschkloof River. The water demand to irrigate the vineyards is estimated to be m 3 /a of which m 3 is surface water and m 3 is groundwater. The existing lawful water use is still in the process to be confirmed. The V&V project was initiated in 2016 by DWS and the Uitsig Farm participated in the process. The water use was also registered with registration number The 3 small existing dams were used as the abstraction point from which the vineyards were irrigated. The existing storage capacity in the 3 dams that can be regarded as ELU is estimated as m 3. The proposed Uitsig Dam will be constructed to provide additional water to meet the water demand of the 35.22ha of vineyards and to ensure the availability of water for irrigation in the dry summer months. The taking of water will be increased by m 3, but most of the water will be taken and stored during the high flow winter months. An agricultural analysis by Loxton Irrigation calculated the irrigation demand of the Uitsig farm for the vineyards and estate gardens to be close to m 3 /annum. The required demand will be made up by the ELU of m 3 /a plus an additional m 3 /a surface water. Table 5: Water demand analysis Crop Area (ha) Crop Requirement (m 3 /ha/a) Estimate water demand(m 3 /a) Vineyards Estate Gardens Paddocks Total total 2.6 Water Supply Analysis for the intended activities This application is to create water storage on the Uitsig farm for irrigation during the summer months. The dam will mainly be filled with the winter run-off from the tributary of the Grootboschkloof River. The capacity of the proposed Uitsig Dam will be m 3. The hydrology was determined by ICE Tygerberg (Pty) Ltd as well as the Freshwater Specialist and it was established that the run-off from the 3.1km 2 catchment area will generate enough run-off to supply in the water demand of the Buitenverwacht Farm upstream of the Uitsig Farm and the required environmental flow of 22,8 % of the natural MAR. There are no other downstream water users as the downstream area is residential. The operational rules of the dam should consider the flood risk of the downstream residential area and ensure that the flow releases are carefully monitored. The Operational Rules proposed to be implemented are attached. HDL Consulting Page 8

20 The Freshwater Assessment consultant assessed the run-off in the tributary of the Grootboschkloof River and provided the environmental or in stream flow requirements that should be achieved downstream of the proposed dam site. Figure 6: Proposed % flow and volume of water that should remain in tributary on a monthly basis downstream of the proposed dam to meet the environmental flow requirement. 2.7 Detail on preliminary dam design The preliminary investigation and design of the Uitsig dam was done by ICE Tygerberg (Pty) Ltd. Please find attached a supporting document in terms of the WULA and EIA that should satisfy the legal requirements. Various alternative options were investigated and the preferred option that will be pursued is a single proposed Uitsig Farm Dam that will inundate the existing small dams on the property. Details on the Uitsig Dam is summarised in the table below: Table 6: Statistics on proposed storage dam on Uitsig Farm, Constantia Dam Name Storage Capacity (m 3 ) Wall Height (m) Surface Area at FSL(ha) Spillway width(m) Uitsig Dam HDL Consulting Page 9

21 Figure 7: Option of the single proposed Uitsig Dam 2.8 Dam Safety requirements The classification and registration of the Uitsig dam will be done once the Water Use Licence has been awarded in terms of Chapter 4 of the NWA, 1998 (Act 36 of 1998). The final dam design will be send to the DSO. DSO will then issue a Licence to construct and store water. The dam safety category for the proposed Uitsig Dam will most probably be a Category II dam and the final dam design and other relevant engineering services will be overseen by ICE Tygerberg (Pty) Ltd during the construction period. They will also ensure that the Uitsig Dam complies with all Dam Safety Requirements. 3. CONSIDERATION AND ASSESSMENT CRITERIA 3.1 Impacts of Activities on water resources and mitigation measures Increased taking of water from the tributary of Grootboschkloof River This application is for the additional taking of m 3 from the tributary of the Grootboschkloof River and the construction of a storage dam with a capacity of m 3. The existing three small dams on the Uitsig Farm is estimated to have a storage capacity of m 3. The proposal is to construct a new dam at the position of Dam 1 that will inundate the two other existing small dams. The construction of the new dam is in-stream with a HDL Consulting Page 10

22 capacity of m 3. The in-stream dam will reduce the low and moderate flows in the stream. The hydrology show that the 3.1km 2 catchment area will generate enough run-off to satisfy the upstream dams on Buitenverwacht Farm as well as the water demand for Uitsig Farm. The environmental flow requirement of 22,8% will also be released as proposed in the Freshwater Impact Assessment Report from Blue Science, dated March The flow releases should be metered to monitor the flow releases Construction of dam Loss of wetland and Riparian Habitat The proposed dam on Uitsig Farm will have a localised loss of wetland and riparian habitat during the construction of the dam at the dam site and downstream of the dam. These areas were however in a degraded state and the proposed rehabilitation of these areas will be improving the status of the stream corridors. The wetland and riparian zone have a significant infestation of invasive alien plants. It is proposed to have a River Management Maintenance Plan (RMMP) that should be included in the Environmental Management Plan (EMP). This should address the continuous removal of alien invasive plants in the riparian area. The loss of wetland will be addressed in the wetland offset recommendation plan Other possible impacts associated with the construction of the dam on Uitsig Farm, Constantia The proposed dam on the Uitsig Farm will be in-stream of an unnamed tributary of the Grootboschkloof River. The other possible impacts were evaluated by the Freshwater Assessment done by Blue Science dated March The impacts identified include: i. Water Quality impairment ii. Erosion and sedimentation All the above identified impacts were rated as low to moderate low on the aquatic ecosystems in the area. It is recommended that the proposed mitigation measures should be followed in order to improve the degraded status of the wetlands and the riparian area of the tributary of the Grootboschkloof River in which the Uitsig Dam is proposed. The construction of the dam should be done according to an approved EMP that will form part of the Environmental Authorisation. 3.2 Catchment Management Strategy There is no formal Catchment Management Strategy. HDL Consulting Page 11

23 3.3 The reserve The official status of the reserve for the G22D quaternary catchment was established by obtaining information from DWS. The only official preliminary reserve for the G22D catchment is dated 2002, but the Freshwater Assessment Consultant (Dr T Belcher from Blue Science) has proposed environmental flow releases as part of the Freshwater Study. The Environmental Flow Requirement for the G22D Quaternary Catchment was determined and the proposed flow requirement, in terms of reserve releases, is included in Figure 6 as abstracted from the Freshwater Assessment Report. The assessment of the reserve is discussed in the attached Freshwater Assessment Report The class and resource quality objectives of the water resource The Resource Class and Resource Quality Objectives as contemplated in Section 13 of the National Water Act, 1998 have not yet been determined for the Berg River WMA. The Present Ecological State has been indicated by the Freshwater Consultant, Blue Science (Dr T. Belcher) as a Class D, which indicates a largely modified system. 3.5 Inputs from other Stakeholders / Interested and Affected Parties Environmental Impact Assessment SLR Consultants has been appointed to obtain Environmental Authorisation. This process is not yet concluded and a copy of the Basic Assessment Report (BAR) is attached to this report. The environmental process will also include the prescribed public participation process. 3.6 Motivation in terms of Section 27 of NWA Consideration was given to all aspects as listed in terms of Section 27 of the NWA. Please find attached Annexure 9 Motivation in terms of Section 27(1) of the National Water Act, 1998 (Act 36 of 1998) for the construction of the Dam on the Uitsig Farm, Constantia. 4. CONCLUSION This WULA serves as motivation to take m 3 additional water from the tributary of the Grootboschkloof River and to create a storage dam on the farm Uitsig, Constantia. The existing taking of m 3 /a water can be regarded as ELU of which a volume of m 3 /a was directly extracted from the stream and m 3 from ground water. It is now proposed to take a total of m 3 /a from the stream and m 3 from ground water as per the V&V process. Most of the surface water will now to be taken during the high flow season and stored in the proposed Uitsig dam for irrigation purposes during the summer months. The proposed storage dam of m 3 will increase water security during summer. The Uitsig Dam is proposed in stream in a tributary of the Grootboschkloof River, but the proposed operating HDL Consulting Page 12

24 rules of the Uitsig Dam will ensure that the degraded wetland and riparian areas downstream of the dam will be improved. The following benefits will be realised if the Water Use Application for the construction of the Uitsig Dam is approved: 1. The existing direct taking of water during the low flow summer months will be reduced and changed to take and store water during the high flow season. 2. No other water users or farming activities is dependent on the water from the tributary of the Grootboschkloof River downstream of the dam. 3. The dam can be used and operated as a flood retention structure that can control possible flooding to the residential areas downstream of the dam. 4. The property owner is Meerenhof Prop Pty Ltd, of which 88% is owned by a white female, Mrs Erasmus, and her 3 daughters. She is also actively involved in the wine and equestrian farming activities. This water use will assist with the redress of the past racial and gender discrimination. 5. This dam will contribute to ensure job security and opportunities for the Constantia Uitsig Estate and surrounding communities. 6. The taking and storing of water will have a positive effect on the identified wetlands and certain aquatic features of the river. The degraded riparian stream banks will be improved if the wetland off set plan and proposed mitigation measures are implemented HDL Consulting Page 13

25 Annexures: 1 Application forms 2 Deeds Info 3 SG Diagrams 4 Proof of Payment 5 Copy of ID 6 Proxy 7 Freshwater Assessment Report by Blue Science 8 Uitsig Dam Report by ICE Tygerberg (Pty) Ltd 9 Groundwater Report by GEOSS 10 V&V info 11 Section 27 Motivation 12 Report on water use entitlement by Wateright 13 Social Commitments done in BAR by SLR 15 Schedule from Santam Policy related to Dam Safety 16 MMP by Blue Science 17 Uitsig Dam Operational Rules by ICE Tygerberg (Pty) Ltd HDL Consulting Page 14