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FINAL BASIC ASSESSMENT REPORT – VYEBOOM IRRIGATION BOARD DEA&DP REF: 16/3/1/1-E4/5-2012/12 1 APPENDIX F Public Participation Process

APPENDIX F - Public Participation Process Dams BAR/Vyeboom... · PO Box 21 Vyeboom 7171 082 443 3821 ... 7230 0282143300 028 214 1289 [email protected] ... Vyeboom Irrigation

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FINAL BASIC ASSESSMENT REPORT – VYEBOOM IRRIGATION BOARD

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APPENDIX F

Public Participation Process

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A detailed Public Participation Process (PPP) has been followed for the proposed development, in terms of the

2010 NEMA EIA Regulations.

The PPP for the draft BAR included the following:

• The addresses of all neighbouring landowners of Farms 3/83 (Twaalffontein) and Farm 23/82 (Klipfontein),

Caledon, were obtained from the Applicant and through a deeds search and entered into the Interested

and Affected Persons database.

• An advert describing the proposed development, expected activities to be triggered, the public

participation process and an invitation to comment, was placed in English and Afrikaans in the local

newspaper, the Theewaterskloof Gazette, on the 04th of September 2012 (Figure 1)

• Notices describing the proposed development, expected activities to be triggered, the public participation

process and an invitation to comment, were sent via registered and normal postage to thirteen

neighbouring landowners on the 07th of September 2012. Map showing the neighbouring properties is

depicted in Figure 2a and proof of postage is included in Figure 2b.

• In addition, registered letters and digital copies of the draft Basic Assessment Report were sent to the

following commenting authorities (see Figures 2c and Table 1) on 10th September 2012:

• Western Cape CapeNature: Scientific Services

• Western Cape CapeNature: Hottentots Holland Nature Reserve

• Overberg District Municipality

• Theewaterskloof Local Municipality

• Theewaterskloof Municipal Ward Councillor

• Breede Overberg Catchment Management Agency

• Department of Public Works – Cape Town Region

• Western Cape Department of Agriculture – LandCare Overberg District

• Western Cape Department of Environmental Affairs and Development Planning

• Copies of the draft Basic Assessment Report were made available for public review for a period of 40 days

at the following locations (see Figures 3a, 3b and 3c for proof of receipt):

o Villiersdorp Public Library (Main Road, Villiersdorp)

o Vyeboom Co-op, Vyeboom

o Vyeboom Irrigation Board (Applicant)

o BolandEnviro offices (74 Stockenstrom Street, Worcester), and

o The website www.BolandEnviro.co.za / current projects.

• An A1 sized site notice, in English and Afrikaans, describing the proposed development, expected

activities to be triggered, public participation process, and inviting comment, was erected at the entrance

to BOTH of the proposed sites for the duration of the commenting period (Figure 4a and 4b).

• Heritage Western Cape was notified via a Notice of Intention to Develop, a Heritage Impact Assessment was requested and a positive Record of Decision was issued on the 18 October 2012 (see Appendix E).

• Comments on the draft BAR were only received from the Overberg District Municipality and CapeNature.

These were captured and addressed in the Comments and Response Report (Table 2)

The PPP for the final BAR includes the following:

• The final BAR and Environmental Management Programme (EMP) was be sent to all registered Interested &

Affected Parties and the relevant commenting authorities for a final 21 day commenting period from 26

November 2012 – 14 December 2012, 02 January 2013 - 04 January 2013 (excluding the festive holiday

period). All comments received during this period will be submitted to DEA&DP with the final BAR and EMP.

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Figure 1: Advertisement placed in the local newspaper the Theewaterskloof Gazette, on the 04 September 2012.

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Figure 2a: Map depicting the farms Klipfontein (Farm 23/82) and Twaalffontein (Farmb3/83) (hatched), in relation to neighbouring properties.

Farm 3/83

Farm 23/82

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Table 1: Interested and Affected Party and Commenting Authority database that received correspondence regarding the proposed expansion of the Vyeboom Irrigation Scheme dams on Farms 3/83 and 23/82, Caledon.

Name Organisation Address Town PO

Code

Telephone Cell Fax Email Status

W P VILJOEN FAMILIETRUST Farm 813 /RE and Farm Farm 82 /7 PO Box 70 Elgin 7180 028 841 4806 Neighbour

John Lombard Twaalffontein Landgoed (Pty) Ltd Farm 83 /3, Farm

582 /5 AND Farm 106 /24

PO Box 21 Vyeboom 7171 082 443 3821 086 535 0941 Landowner

A D ROUX & SEUNS TRUST Stillehoop Farm 83 /6 and Farm 106 /32 DIE ERF PO Box 28 Vyeboom 7171 0288414209 0288414451 Neighbour

JE Theron

BENNIE THERON TRUST

Farm 83 /7 PO Box 40 Vyeboom 7171 028 841 4805 Neighbour

BERNARDUS MORKEL Fortuin Plaas Farm 83 /8 PO Box 54 Villiersdorp 6848 028 841 4718 Neighbour

CJ Theron

DROSTERSNES TRUST

Farm 83 /9 PO Box 33 Vyeboom 7171 028 841 4709

028 8414945

028 841 4820 Neighbour

FORTUIN TRUST Farm 83 /10 PO Box 52 Vyeboom 7171 0288414608 028 841 4685 Neighbour

Department of Public Works, Cape

Town Regional Office

Farm 82 /5, Farm 82/8, Farm 104/RE, Farm 102 /RE

(Groenlandberg Conservancy)

Private Bag X9027 Cape Town 8000 Neighbour

The Principal Bissetsdrift Primary School Farm 82 /16 PO Box 273 Villiersdorp 6848 028 841 4758 [email protected] Neighbour

CHILTERN FARMS PTY LTD Farms 82 /20, 106/10 and 815/RE PO Box 4 Vyeboom 7171 (028) 841-4222

028 8414950

(028) 840-4898 [email protected] Neighbour

Derich Priga Klipfontein Agricultural Trust (Farm 82 Portion 23) PO Box 127 Elgin 7180 082 472 0473 086 545 1056 Landowner

Mike Jooste

Draaiberg Farm

DRAAIBERG TRUST

Farm 582 /1 and Farm 582 /5 PO Box 23 Vyeboom 7171 028 841 4625 082 658 2604 Neighbour

Hottentots Holland Nature Reserve CapeNature (Attention Charles Davids)

Farms 82/24, 102/RE, 104/RE

Private Bag X27 Elgin 7180 028 841 4301 Neighbour

Municipal Manager Overberg District Municipality Private Bag X22 Bredasdorp 7280 028 425 1157 028 425 1014 [email protected] Comment Auth

Municipal Manager Theewaterskloof Municipality PO Box 24 Caledon 7230 0282143300 028 214 1289 [email protected] Comment Auth

Rhett Smart CapeNature Private Bag X5014 Stellenbosch 7599 021 866 1523 landuse@capenature .co.za Comment Auth

Patrick van Coller Breede Overberg CMA Private Bag X3055 Worcester 6849 023 347 8131 [email protected] Comment Auth

Nicolaas Pieterse Theewaterskloof Municipality Ward 10301009 PO Box 24 Caledon 7230 021-844-0649 083-232-

8138

021-844-0631 Comment Auth

Hennis Germishuys Western Cape Department of Agricultue

Landcare: Overberg District

PO Box 1138 Bredasdorp 7280 082 907 2805 028-425 2682 Comment Auth

Andrew Hall Heritage Western Cape Private Bag X9067 Cape Town 8001 021-483-9543 023483-9842 [email protected] Comment Auth

Rueben Molale Dept Environmental Affairs & Development Planning

Region 2

Private Bag X9086 Cape Town 8000 021 483 5826 021 483 4372 Competant Auth

Keith Bradley Vyeboom Irrigation Board PO Box 2 Vyeboom 7171 028 841 4280 082 920 3888 086 505 5483 [email protected] Applicant

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Figure 2b: Proof of postage to neighbouring property owners.

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Figure 2b: Proof of postage to neighbouring property owners.

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Figure 2c: Proof of postage to commenting authorities.

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Figure 2c: Proof of postage to commenting authorities.

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Figure 3a: Receipt of draft BAR by the Villiersdorp Library

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Figure 3b: Receipt of draft BAR by the Vyeboom Coop

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Figure 3c: Receipt of draft BAR by the Vyeboom Irrigation Board

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Figure 4: Site notices placed at the entrances to Klipfontein (Farm 23/82) (top left and right) and Twaalffontein (Farm 3/83) (bottom left and right).

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Table 2: Comments and Responses Report for the application for the proposed expansion of the Vyeboom Irrigation Scheme dams on Farms 3/83 and 23/82,

Caledon.

Date Name Organisation Comment Response

28/09/2012 Francois Kotze

Overberg District Municipality

The Overberg District Municipality take cognisance of the DRAFT BASIC ASSESSMENT REPORT and value the opportunity to give input toward the document.

28/09/2012 Francois Kotze

Overberg District Municipality

1. Considerations for the dam developments on Klipfontein Farm and Twaalffontein Farm: 1.1 Development should be discouraged in habitats associated with Critically Endangered and Endangered ecosystems. Therefore a reasonable trade-off or compensation for any development within a CBA would be the protection and a sense of advocacy for the surrounding and/or remaining CBA and associated ecosystems.

1.1 Alternatives were identified that first avoided then minimise the potential impact on sensitive, endangered or critically endangered ecosystems. The preferred alternative on Klipfontein of expanding the existing Dam B1 (Klipfontein) could be offset to some degree by removing and managing the alien invasive vegetation on some of the remaining natural Elgin Shale Fynbos on the property (which supports numerous threatened plant species). In line with the Department of Environment Affair’s Biodiversity Offset Information Document ratios (DEADP 2011) it is proposed that an area some 30 times the size of the area that will be lost be managed for conservation. Given that about 0.4ha of Critically Endangered habitat will be lost it is proposed that at least 12ha of existing, nearby habitat be managed, and this area (about 12ha), is proposed as compensation for the expansion of the Dam B1 on Klipfontein. The preferred alternative on Twaalffontein of expanding the existing Dam F1 was selected on the basis that the development footprint is already highly transformed by an Eucalyptus plantation.

28/09/2012 Francois Kotze

Overberg District Municipality

1.2 Minimizing the construction footprint and the establishing of no-go areas should be prioritized in order to protect the surrounding fynbos and ecosystems.

1.2 Construction footprints will be kept to a minimum, adjacent natural areas will be demarcated "No-Go" and will be fenced off prior to commencement of construction.

28/09/2012 Francois Kotze

Overberg District Municipality

1.3 Where possible existing infrastructure (such as access roads) should be used during the construction and operation phase. Alternatively transformed areas should be used.

1.3 Only existing roads and farm tracks will be used to access the proposed development sites.

28/09/2012 Francois Kotze

Overberg District Municipality

1.4 Fynbos is particularly prone to the spread of alien species after physical disturbance. Therefore it is critical that measures be put in place to prevent the infestation of pioneer alien vegetation on the construction and/or disturbed sites. An alien vegetation clearing programme should form part of the construction or rehabilitation phase.

1.4 The control of alien invasive plant species is included in the Environmental Management Programme in both Operational and Decommissioning phases.

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28/09/2012 Francois Kotze

Overberg District Municipality

1.5 All species of concern must be identified and every effort must be made to rescue them. These species can be reintroduced to the site as part of the rehabilitation programme.

1.5 We have included CapeNature's recommendation that a "Search and Rescue" must be undertaken in August/September on the dam and borrow-pit footprint prior to construction, in particular targeting species of concern. Note that this measure is only applicable to the alternatives that are botanically sensitive i.e. Klipfontein B1, Twaalffontein F2 and F3 and Borrow pits BP-C3, if any of these less preferred options are authorised.

28/09/2012 Francois Kotze

Overberg District Municipality

1.6 Mitigation measures must be implemented to reduce the risk of erosion and the invasion of alien species.

1.6 Measures will be put in place to reduce the risk of erosion and control alien invasive plat species.

28/09/2012 Francois Kotze

Overberg District Municipality

1.7 Restorations must be undertaken as soon as possible after the completion of the construction activity to reduce the amount of habitat converted.

1.7 The rehabilitation of the borrow-pits and construction camps will take immediate on completion of the dams.

28/09/2012 Francois Kotze

Overberg District Municipality

1.8 Topsoil should be removed and stored before an area is disturbed and replaced as part of the rehabilitation programme.

1.8 Topsoil will be removed and stockpiled for use during rehabilitation.

28/09/2012 Francois Kotze

Overberg District Municipality

1.9 Stormwater run-off should be managed accordingly to prevent the occurrence of erosion.

1.9 Stormwater will be managed to prevent erosion along gravel roads, farm tracks or exposed earthen dam walls.

28/09/2012 Francois Kotze

Overberg District Municipality

1.10 These dam developments should also conform to the Dam Safety Regulations (Notice R139 of 24 Feb 2012)

1.10 The dam development will comply with Dam Safety Regulations and will form part of the regular environmental compliance audit.

28/09/2012 Francois Kotze

Overberg District Municipality

2. Klipfontein Farm 82 Portion 23: Option B1 (expansion of existing dam B) will be supported on condition that an agreement can be made with the land owner for the protection of at least 12ha of the surrounding Elgin Shale Fynbos as proposed in the Botanical assessment. If however such a commitment cannot be made by the land owner the alternative option B2 (construction of a new dam in degraded area) should be considered as it holds the least amount of negative impact for the Critical Biodiversity Area.

2. The Applicant is negotiating an agreement with the landowner with regards the protection of 12ha of the surrounding Elgin Shale Fynbos. CapeNature is also being consulted in the matter to ensure the proposed biodiversity offset is acceptable.

28/09/2012 Francois Kotze

Overberg District Municipality

3. Twaalffontein Farm 83 Portion 2: Option F1 (expansion of existing dam F) as recommended will be supported as it is located in a disturbed area and will have the least amount of impact on the CBA. Both options F2 and F3 should be earmarked as no-go areas due to their Critically Endangered ecosystem status.

3. Noted - the Applicant prefers Option F1 - expansion of existing Dam F.

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28/09/2012 Francois Kotze

Overberg District Municipality

4. Borrow Pits on Twaalffontein, Farm 83 Portion 2: This Council supports the preferred option, BP-C1, as it will have the least amount of negative impacts on the CBA. The clay lining is also preferred above the bidum lining due to the fact that it is the most economically viable option. After the operational phase the site should be restored to its formal state or as close to it as possible and therefore the following is proposed:

4. Noted - the Applicant prefers Option BP-C1b (note the C1b is a refinement made since the release of the draft BAR, made in consultation with the landowner) and is located within a previously transformed area (cultivated and an existing borrow pit). The Applicant also prefers the clay lining as opposed to bidum, as the natural lining is more economical.

28/09/2012 Francois Kotze

Overberg District Municipality

4.1 Surface and groundwater: Stormwater runoff from the development could result in localised erosion, which could in turn increase sedimentation of a nearby water source. Drainage channels should accommodate and distribute surface flow and all drainage channels (excluding proposed access) are to be demarcated as a no-go area. Any runnels or erosion channels developed during borrow area development should be backfilled and compacted and the area restored to a proper condition. The impacts on groundwater flow, which normally mimics topography, and groundwater levels could be affected by construction activities and could also result in the contamination of the groundwater resources (e.g. accidental fuel spills and leaks). No vehicle refuelling shall be permitted within 20 m of the drainage channel and drip trays are to be used during refuelling.

4.1 Drainage channels will be demarcated as no-go areas. No construction, disturbance or transformation will take place closer than 32 metres of the edge of a watercourse. All runnels or erosion gulley's that may develop will be backfilled and compacted as required. No vehicle refilling will be permitted within 20m of a drainage channel. Drip trays will be used during refuelling.

28/09/2012 Francois Kotze

Overberg District Municipality

4.2 Vegetation: Vegetation clearing should be limited to the construction footprint and all species of concern must be identified and rescued before the removal of the topsoil. Topsoil should be stockpiled and protected from erosion for use during rehabilitation. Mitigation measures should be taken to reduce any erosion that might occur due to the removal of vegetation. Disturbed areas are to be rehabilitated according to the specifications of the land owner. Alien vegetation should be removed from site.

4.2 The clearing of vegetation will be limited to the development footprint. A search and rescue will be undertaken to save all species of concern prior to the removal and stockpiling of topsoil. Measures to prevent erosion will be in place during construction and operational phases. Disturbed areas will be rehabilitated and all alien invasive species removed

from within 50 m of the development footprint.

28/09/2012 Francois Kotze

Overberg District Municipality

4.3 Visual impact and air quality: The borrowpit development could have an immediate negative visual impact on the surrounding area. Rehabilitation of disturbed areas could minimize this impact. Dust generated from the construction phase could be minimzed by retaining the vegetation cover for as long as possible in the various compartments to reduce the size of areas where wind could generate dust. Existing access roads should be used in order to minimize the construction footprint and visual impact.

4.3 Measures to mitigate and reduce the visual impact will be put in place during the construction and operational phase. Natural vegetation will be retained as long as possible. A non-invasive crop cover will be sown to prevent visual impact and lessen wind blown dust. No new roads will be constructed.

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16/10/2012 Rhett Smart

Cape Nature: Scientific Services

CapeNature would like to thank you for the opportunity to comment on the proposed development and would like to make the following comments. Please note that our comments only pertain to the biodiversity related impacts and not to the overall desirability of the proposed development. The proposed dam expansions and associated borrow pit occur within two Critically Endangered vegetation types, namely Overberg Sandstone Fynbos and Elgin Shale Fynbos, and all the proposed alternatives are located within Critical Biodiversity Areas. The footprints for the developments are however relatively small and there are fine scale differences in the botanical sensitivity within these CBAs.

Noted thank you.

16/10/2012 Rhett Smart

Cape Nature: Scientific Services

Alternative F1, the preferred alternative for the Twaalfontein property is located mainly within a gum plantation and the area disturbed by the construction of the existing dam, therefore this alternative is acceptable.

Noted thank you.

16/10/2012 Rhett Smart

Cape Nature: Scientific Services

The expansion of the dam on the Klipfontein property will result in the loss of good quality Elgin Shale Fynbos and is rated as having negative impact of high significance in the botanical specialist report. The mitigation measure proposed is a biodiversity offset with a ratio of 1:30 for every unit area of disturbance: unit area of conservation. Biodiversity offsets are considered a last resort mitigation measure and it is recommended that other alternatives are considered further. In terms of the significance ratings, Alternative F2 on Twaalfontein property was rated as medium negative impact and could be considered an alternative. If no other alternative can be found a biodiversity offset proposal must be submitted prior to authorisation and mitigation measures listed below must be undertaken.

The configuration of the pipeline, pumping regime and water demand is such that the additional storage capacity is needed at Klipfontein. The Applicant thus can only consider the expansion of the Dam B (Option B1) or the new dam Option B2, although the construction of a new dam is significantly costlier.

16/10/2012 Rhett Smart

Cape Nature: Scientific Services

The preferred alternative for the borrow pit from CapeNature’s perspective would be Alternative 2 (BP-C2), rather than Alternative 1 (BP-C1), as it is located on a highly disturbed site. The borrow pit can be rehabilitated and restored back to agricultural land.

A further option was identified and assessed, namely BP-C1b. This area is already transformed by an existing borrow pit (6-% of the area) and previously cultivated (40%). The preferred borrow-pit is located further than 32m from any drainage. The top-soil will be removed and stockpiled prior to development of the borrow pit. After use the sides of the pit will be shaped to a gentle gradient of 1V:3H, topsoiled and hydroseeded with a mix of indigenous seed.

16/10/2012 Rhett Smart

Cape Nature: Scientific Services

Search and rescue must be undertaken in August/September on the dam and borrow pit footprints prior to construction, in particular targeting the species of conservation concern listed in the botanical specialist report e.g. Critically Endangered Moraea barnardiella. CapeNature reserves the right to revise initial comments and request further information based on any additional information that may be received.

The Applicant can only undertake construction when the irrigation dams are not in use i.e. during winter May - July. Depending on the configuration authorised, only Klipfontein F1, Twaalffontein F2 and F3 and borrow pits BP-C3 have sensitive vegetation, and thus require search and rescue in August / September. Should authorisation be obtained for Klipfontein B2, Twaalffontein F1 or borrow-pit BP-C1a, BP-C1b and BP-C2, then it is highly unlikely that any species of concern will be found on the previously disturbed or transformed areas.

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