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Proposed Deepening, Lengthening and Widening of Berths 203 to 205 at Pier 2 Container Terminal Port of

Durban

Amended Application for authorisation in terms of the

National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended

and the Environmental Impact Assessment Regulations, 2010

October 2012

P.O. BOX 1673

SUNNINGHILL

2157

147 Bram Fischer Drive

FERNDALE

2194

Tel: 011 781 1730

Fax: 011 781 1731

Email: [email protected]

APPLICATION FORM FOR ENVIRONMENTAL AUTHORISATION

(For official use only)

File Reference Number: DEA REF NO: 14/12/16/3/3/2/275

NEAS Reference Number: NEAS REF NO: DEA/EIA/0000988/2012

Date Received:

Application for authorisation in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended and the Environmental Impact Assessment Regulations, 2010

PROJECT TITLE

Proposed Deepening, Lengthening and Widening of Berths 203 to 205 at Pier 2 Container Terminal Port of Durban

Kindly note that: 1. This application form is current as of 2 August 2010. It is the responsibility of the applicant to ascertain

whether subsequent versions of the form have been published or produced by the competent authority. 2. The application must be typed within the spaces provided in the form. The sizes of the spaces provided are

not necessarily indicative of the amount of information to be provided. Spaces are provided in tabular format and will extend automatically when each space is filled with typing.

3. Where applicable black out the boxes that are not applicable in the form. 4. Incomplete applications may be returned to the applicant for revision. 5. The use of the phrase “not applicable” in the form must be done with circumspection. Should it be done in

respect of material information required by the competent authority for assessing the application, it may result in the rejection of the application as provided for in the Regulations.

6. This application must be handed in at the offices of the relevant competent authority as determined by the Act

and regulations. 7. No faxed or e-mailed applications will be accepted. 8. Unless protected by law, all information filled in on this application will become public information on receipt

by the competent authority. Any interested and affected party should be provided with the information contained in this application on request, during any stage of the application process.

Queries must be addressed to the contact hereunder: Departmental Details

Postal address: Department of Environmental Affairs Attention: Director: Environmental Impact Evaluation Private Bag X447 Pretoria 0001 Physical address: Department of Environmental Affairs Fedsure Forum Building (corner of Pretorius and Van der Walt Streets) 2nd Floor North Tower 315 Pretorius Street Pretoria 0002 Queries should be directed to the Directorate: Environmental Impact Evaluation at: Tel: 012-310-3268 Fax: 012-320-7539 Please note that this form must be copied to the relevant provincial environmental department/s.

View the Department’s website at http://www.deat.gov.za/ for the latest version of the documents.

http://www.deat.gov.za/

SITE IDENTIFICATION AND LINKAGE Please indicate all the Surveyor-general 21 digit site (erf/farm/portion) reference numbers for all sites (including portions of sites) that are part of the application.

N 0 F U 0 0 0 0 0 0 0 1 6 3 4 4 0 0 0 0 0

N 0 F U 0 0 8 5 0 0 0 1 0 0 1 3 0 0 0 0 0 *

The property description for the sites includes: 1) Portion of Kings Flats No. 16344 (Pier 2) 2) Portion 10 of Erf 10013, Durban*

(if there are more that 6, please attach a list with the rest of the numbers) (These numbers will be used to link various different applications, authorisations, permits etc. that may be connected to a specific site)

Project Description: A brief project description is provided below. The technical information used has been sources from the Port of Durban Feasibility Report for the Proposed Berth Deepening of Berths 203 to 205 at DCT (2011). The information pertaining to the sizing of the infrastructure should be regarded as approximates, as they are subject to further investigations. The Port of Durban is the gateway port in the South African ports system which plays an important role in facilitating the import and export needs for much of South Africa. As such, Durban serves the economic hub of the country and plays an important role in handling high value cargoes with approximately two thirds of South Africa’s containerized cargo and most of the liquid fuel cargoes moving through Durban. However, the current Blockwork Quay wall of Berth 203 to 205 were designed in the 1970s and recent studies on the stability of the existing quay wall show that the existing quay walls do not meet the minimum Eurocode 7 Standards and thus there is a risk for potential quay wall failure. In addition, vessel sizes have increased since the initial terminal construction. Berth 203 to 205 cannot accommodate the new generation of container ships, Super Post-Panamax vessels. Major lines have indicated to Transnet National Ports Authority (TNPA) that they are considering using such vessels and as such Berths 203, 204 and 205 have been identified to be upgraded. It is important to note that no site alternatives will be assessed for this Scoping and Environmental Impact Assessment however three technological alternatives will be assessed:

1. Caisson Quay Wall* 2. Sheet Pile Quay Wall 3. Deck-On-Pile Quay Wall

Details of these technological alternatives will be detailed in the Scoping and EIA process. As per GNR 543 (EIA Regulations, 2010), all alternatives will be assessed equally. *Note: For Alternative 1 (Caisson Quay Wall), the construction footprint includes Bayhead Lot 10 (Portion 10 of Erf 10013). Bayhead Lot 10 would be used for construction of the Caissons. The Caissons would then be floated out to Berths 203 to 205 (Portion of Kings Flats No. 16344 (Pier 2)) where they would be sunk and used in the Quay wall construction. The Impact Assessment for the Caisson Quay Wall alternative will include an assessment of the impacts of the construction process in its entirety including the impacts during construction of the Caissons at a separate site.

PROJECT TITLE

Proposed Deepening, Lengthening and Widening of Berths 203 to 205 at Pier 2 Container Terminal Port of Durban 1. BACKGROUND INFORMATION

Project applicant: Transnet Capital Projects

Trading name (if any):

Contact person: Theunis Steenkamp

Physical address: 237 Mahatma Gandhi Road, Point, Durban

Postal address: P.O. Box 38163, Point, Durban

Postal code: 4069 Cell: 083 455 6301

Telephone: 031 361 1481 Fax: 031 361 1799

E-mail: [email protected]

Provincial Authority: Kwa-Zulu Natal Department of Agriculture, Environmental Affairs and Rural Development

Contact person: Yugeshni Govender

Physical Address 357 Dr Pixley Ka Seme, Eagle Buidling, 16th Floor, Environmental Affairs

Postal address: Private Bag X54321, Durban

Postal code: 4000 Cell: 082 921 9340

Telephone: 031 302 2868 Fax: 031 302 2824


Landowner: Transnet National Port Authority (TNPA)

Contact person: The Port Manager - Ricky Bhikraj

Postal address: Room 202 - Ocean Terminal Building – Port of Durban

Postal code: 4001 Cell: 083 309 4834

Telephone: 031-361 8795 Fax: 086 644 0033


In instances where there is more than one landowner, please attach a list of landowners with their contact details to this application.

Local authority in whose jurisdiction the proposed activity will fall:

eThekwini Municipality

Nearest town or districts:

Durban

Contact person: Ms Chumisa Thengwa

Postal address: PO Box 680, Durban

Postal code: 4000 Cell: 071 8503414

Telephone: 031 311 75 17 Fax: 031 311 7134


In instances where there is more than one local authority involved, please attach a list of local authorities with their contact details to this application.

mailto:[email protected]




2. ACTIVITIES APPLIED FOR TO BE AUTHORISED For an application for authorisation that involves more than one listed or specified activity that, together, make up one development proposal, all the listed activities pertaining to this application must be indicated.

Note: The technical information provided below to describe the listed activities was sourced from the Port of Durban Feasibility Report for the Proposed Berth Deepening of Berths 203 to 205 at DCT (2012). The information pertaining to the sizing of the infrastructure should be regarded as approximates, as they are subject to further investigations. A locality map is provided in Appendix A together with an aerial view photograph of Berth 203 to 205.

Indicate the number and date of the

relevant notice:

Activity No (s) (in terms

of the relevant notice) :

Description

GNR. 544, 18 June 2010

9

The construction of approximately 2000m of storm water pipes which exceed 0.36m in diameter.

Furthermore, the throughput of these pipes exceeds 120l/s.

14

The construction within coastal public property to:

Lengthen berth 203 eastwards by 100m (involving the removal of the Ro-Ro ramp) and lengthen berth 205, westwards by 170m(involving the demolition of the current South-East corner as well as excavation of a portion of the central sandbank).

Widening of berth 203 to 205 through the construction of a new Quay wall approximately 50m seawards.

Deepening of the berth basin, approach channel and turning basin through dredging to increase the current depth from -12.8m CDP (Chart Datum Point) to -16.5m CDP.

Excavation for the trench for the proposed quay wall structure to -20m CDP for the proposed new quay length from Berth 203 to 205.

In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively. However it is important to note that the definition of Coastal Public Property currently excludes the Port as the relevant ICM section is on hold. This is being


relevant notice:



Description

discussed at a Ministerial level. The Activity has been added put as a potential activity pending the outcome of the Ministerial decision.

16 (iv) (vi)

Construction and earth-moving activities within the Port of Durban to:

Lengthen berth 203 eastwards by 100m (involving the removal of the Ro-Ro ramp) and lengthen berth 205, westwards by 170m(involving the demolition of the current South-East corner as well as excavation of a portion of the central sandbank).




In an Estuary. In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively.

18

Infilling of more than 5 cubic metres of material (mixture of suitable dredged material and imported sand):

Between the current Quay wall and the new Quay wall within the Port of Durban to extend Berth 203 to 205 approximately 50m seawards and the cells of the proposed quay wall structure.

In an estuary.



Depositing of dredge material at an offshore disposal site


relevant notice:



Description

(which will require a Dumping at Sea permit).

20

The construction of the new quay wall of Berths 203 to 205 will require infilling of approximately 1 million cubic metres.

This infill material will be obtained from an offshore borrow pit.

The application for which will be scoped in this EIA but for which authorisation will be sought from the Department of Minerals and Energy.

26 Possible occurrence of sensitive biodiversity features

in the adjacent Durban Bay Estuary and Central Sandbank.

27 (v)

The decommissioning of the Straddle Crane parking lot (adjacent to Berth 205) which has been used for the storage of dangerous goods (diesel and hydraulic fluid) within decommissioned Straddle cranes.

Please note that this activity was not included in the original activity however a new application form will be submitted with the Draft Scoping report and the impacts of this activity will be assessed as part of the Scoping and EIA process.

28

The expansion of Berths 203 to 205 will include the dredging of approximately 4.22 million cubic metres of dredge material which will be disposed at an offshore disposal site.

A Dumping permit will be necessary for such offsite disposal under the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008).

43

Expansion of Berth 203 to 205 through construction in coastal public property to:

Lengthen berth 203 eastwards by 100m (involving the removal of the Ro-Ro ramp) and lengthen berth 205, westwards by 170m (involving the demolition of the current South-East corner as well as excavation of a portion of the central sandbank).

Widening of berth 203 to 205 through the construction of a new Quay wall approximately 50m seawards




relevant notice:



Description

These activities are aimed at improving the efficiency of Berths 203 to 205. In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively. However it is important to note that the definition of Coastal Public Property currently excludes the Port as the relevant ICM section is on hold. This is being discussed at a Ministerial level. The Activity has been added put as a potential activity pending the outcome of the Ministerial decision.

45 (iv) (vi) (vii)

Expansion of Berth 203 to 205 through construction and earth-moving activities within the Port of Durban to:





These activities are aimed at improving the efficiency of Berths 203 to 205. In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively.

GN R. 545, 18 5 The construction of the new quay wall for of Berths 203 to


relevant notice:



Description

June 2010 205 will include the dredging of approximately 4.22 million cubic metres of dredge material which will be disposed at an offshore disposal site.

A Dumping permit will be necessary for such offsite disposal under the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008).

24 (i)






These activities are aimed at improving the efficiency of Berths 203 to 205. In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively.


relevant notice:



Description

GN R. 546, 18 June 2010

16 (a) (i)






These activities are aimed at improving the efficiency of Berths 203 to 205.

Berths 203 to 205 are adjacent to the Durban Bay Estuary. In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively.

24 (a) (i)

Expansion of Berth 203 to 205 through construction and earth-moving activities within the Port of Durban to:




Excavation for the trench for the proposed quay wall structure to -20m CDP for the proposed new quay


relevant notice:



Description

length from Berth 203 to 205.

These activities are aimed at improving the efficiency of Berths 203 to 205.

Berths 203 to 205 are adjacent to the Durban Bay Estuary. In addition, three technological alternatives will be assessed equally. Caisson construction, sheet pile storage or precasting of some elements of the Deck on Pile alternative will take place at Bayhead Lot 10 for the Caisson option, Sheet Pile option or Deck on pile option, respectively.

*Please note that the following activity has been added to the application form. It was assessed as part of the Scoping process.

27 (v) The decommissioning of the Straddle Crane parking

lot (adjacent to Berth 205) which has been used for the

storage of dangerous goods (diesel and hydraulic fluid)

within decommissioned Straddle cranes.

Please note the following clarification received from the Department of Agriculture,

Environmental Affairs and Rural Development (DAEA&RD) now known as the

Department of Agriculture and Environmental Affairs (DAEA) which says:

“Activity 13 of GNR 544 and Activity 10 of GNR 546, June 2010 is only applicable for

the construction of facilities (i.e. tanks) or infrastructure (bund walls) for the storage

of dangerous goods on site. The trigger for this activity is the construction and not the

handling of/or storage of dangerous goods. Temporary storage of dangerous goods

will therefore not trigger this activity.”

There will be no construction of facilities or infrastructure for the storage of

dangerous goods and thus the following activities have been removed from the

Application. An amended application will be submitted to the DEA with the draft EIA

report. Therefore the following activity has been removed:

GN.R. 544 of 18

June 2012 13

Temporary storage of dangerous goods (e.g. fuel) during

the construction Phase at Berths 203 to 205


the construction of the Caissons at Bayhead Lot 10*.

*Please note that this would only apply to the Caisson Quay Wall

alternative and that all alternatives will be assessed equally.

GN.R 546 of 18

June 2010 10 (a) (i)


the construction Phase in an estuary.


the construction of Caissons for the Caisson option or

precasting of elements for the Deck on Pile Option at

Bayhead Lot 10.

Further, the Department of Agriculture and Environmental Afairs (DAEA) enquired

the proposed development triggered Activity 56 of GN.R 544 of 18 June 2010 ( that is

“Phased activities for all activities listed in this Schedule, which commenced on or

after the effective date of this Schedule, where any one phase of the activity may be

below a threshold but where a combination of the phases, including expansions or

extensions, will exceed a specified threshold; -excluding the following activities

listed in this Schedule: 2; 11(i)-(vii); 16(i)-(iv); 17; 19; 20; 22(i) & 22(iii); 25; 26;

27(iii) & (iv); 28;”.

Although the proposed development has different stages, they all form part of this

application and each phase or stage exceeds the threshold and would thus require an

authorisation. Therefore, Activity 56 of GN.R 544 of 18 June 2012 is not triggered.

DAEA also enquired whether Activity 10 and Activity 27 of GN. R of 544 of 18 June

2012 (see below) was triggered due to the presence of a substation at Berth 203.

Activity 10:

“The construction of facilities or infrastructure for the transmission and distribution

of electricity -

(i) outside urban areas or industrial 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 kilovolts or

more.”

Activity 27:

“The decommissioning of existing facilities or infrastructure, for -

(i) electricity generation with a threshold of more than 10MW;

(ii) electricity transmission and distribution with a threshold of more than

132kV;

(iii) nuclear reactors and storage of nuclear fuel;

(iv) activities, where the facility or the land on which it is located is

contaminated ;

(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 section 24(5) of the Act and published in Government Notice No. R.

385 of 2006, or Notice No. 544 of 2010”

The substation located at Berth 203 is 11kV and therefore below the 33kV threshold

of Activity 10 and below the 132kV threshold of Activity 27 of GN.R. 544 of 18 June

2010 and thus neither activity is triggered. Please note that any authorisation that may result from this application will only cover activities specifically applied for. 3. OTHER AUTHORISATIONS REQUIRED 3.1 DO YOU NEED ANY AUTHORISATIONS IN TERMS OF ANY OF THE FOLLOWING LAWS? 3.1.1 National Environmental Management: Waste Act Yes

The area west of Berth 205 is currently used for storage of decommissioned port handling equipment which may have contaminated the concrete paving and soil in the area. If polluted, a Waste License Application will be undertaken.

3.1.2 National Environmental Management: Air Quality Act No 3.1.3 National Environmental Management: Protected Areas Act No 3.1.4 National Environmental Management: Biodiversity Act No 3.1.5 Mineral Petroleum Development Resources Act Yes

Backfill material will be required between the current quay wall and the new quay wall. This will be obtained from an offshore borrow pit which requires a Mining Permit as per the Mineral Petroleum Development Resources Act, 2002.

3.1.6 National Water Act No 3.1.7 National Heritage Resources Act No 3.1.8 Other (please specify) Yes

A Dumping At Sea Permit is required as per the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) for the offshore disposal of approximately 4.22 million cubic metres of dredged soil. As per the NEM:ICM:

“The Minister shall not grant a Dumping permit that authorises the dumping of any waste or other material, other than –

a.) Dredged material; b.) Sewerage sludge; c.) Fish waste, or material resulting from industrial fish processing operations; d.) Vessels and platforms or other manmade structures at sea; e.) Inert, inorganic, geological material; f.) Organic material of natural origin; or g.) Bulky items primarily comprising of iron, steel, concrete and similarly non-harmful material for

which the concern is physical impact, and limited to those circumstances where such wastes are generated at locations such as small islands with isolated communities, having no practical options other than dumping at sea.”

3.2 Have such applications been lodged already? See boxes below

Waste License Application: A Waste License Application will only be undertaken if necessary.

Mining Permit: Application will be made as per the Mineral Petroleum Development Act, 2002 regarding the dredging of offshore material for backfill.

Dumping At Sea Permit: Application will be lodged after the Scoping and EIA process is completed as per requirements of the DEA Directorate: Oceans and Waste. The impacts of disposal of dredged material will be assessed in current Scoping and EIA process which will then be used support decision making regarding the issuing of an offshore disposal permit for the disposal of dredged material.

4. DECLARATIONS 4.1 The Applicant

I, ,declare that I -

am, or represent1, the applicant in this application;

have appointed / will appoint (delete that which is not applicable) an environmental assessment practitioner to act as the independent environmental assessment practitioner for this application / will obtain exemption from the requirement to obtain an environmental assessment practitioner2;

will provide the environmental assessment practitioner and the competent authority with access to all information at my disposal that is relevant to the application;

will be responsible for the costs incurred in complying with the Environmental Impact Assessment Regulations, 2010, including but not limited to – costs incurred in connection with the appointment of the environmental assessment

practitioner or any person contracted by the environmental assessment practitioner; costs incurred in respect of the undertaking of any process required in terms of the

Regulations; costs in respect of any fee prescribed by the Minister or MEC in respect of the Regulations; costs in respect of specialist reviews, if the competent authority decides to recover costs; and the provision of security to ensure compliance with conditions attached to an environmental

authorisation, should it be required by the competent authority;

will ensure that the environmental assessment practitioner is competent to comply with the requirements of these Regulations and will take reasonable steps to verify whether the EAP complies with the Regulations;

will inform all registered interested and affected parties of any suspension of the application as well as of any decisions taken by the competent authority in this regard;

am responsible for complying with the conditions of any environmental authorisation issued by the competent authority;

hereby indemnify the Government of the Republic, the competent authority and all its officers, agents and employees, from any liability arising out of the content of any report, any procedure or any action which the applicant or environmental assessment practitioner is responsible for in terms of these Regulations;

will not hold the competent authority responsible for any costs that may be incurred by the applicant in proceeding with an activity prior to obtaining an environmental authorisation or prior to an appeal being decided in terms of these Regulations;

will perform all other obligations as expected from an applicant in terms of the Regulations;

all the particulars furnished by me in this form are true and correct; and

1 If this is signed on behalf of the applicant, proof of such authority from the applicant must be

attached. 2 If exemption is obtained from appointing an EAP, the responsibilities of an EAP will automatically

apply to the person conducting the environmental impact assessment in terms of the Regulations.

I realise that a false declaration is an offence in terms of regulation 71 and is punishable in terms of section 24F of the Act.

Signature of the applicant3/ Signature on behalf of the applicant:

Name of company (if applicable):

Date:

3 If the applicant is a juristic person, a signature on behalf of the applicant is required as well as proof

of such authority. An EAP may not sign on behalf of an applicant.

APPENDIX A

LOCALITY MAP

Figure 1: 1:20 000 Topo-Cadastral Locality Map of Berths 203 to 205, Durban Container Terminal (DCT), Pier 2, Port of Durban as well as and Bayhead Lot

10 (where Caissons would be constructed)

Figure 2: Aerial view of Berths 203 to 205 including areas to be dredged (Note: Area in grey has been dredged as part of a separate project).

APPENDIX B

DETAILS OF EAP AND DECLARATION OF INTEREST

APPENDIX C

LANDOWNER ACKNOWLEDGEMENT

APPENDIX D

PROOF OF AUTHORITY

APPENDIX E

PROJECT PROGRAMME (DRAFT)

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