Background Information Document: Proposed Removal of Obstructions in the Lower Floodplain of the Klein Brak River Estuary, Mossel Bay Municipality Application Reference: 16/3/1/1/D6/25/0043/14 NOTICE OF APPLICATION FOR ENVIRONMENTAL AUTHORISATION, SUBJECT TO BASIC ASSESSMENT PROCESS, IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 EIA REGULATIONS, 2010 (AS AMENDED) PURPOSE OF THIS DOCUMENT PROJECT DESCRIPTION This Background Information Document (BID) is intended to provide information about the Basic Assessment (BA) process being undertaken by FutureWorks, which has been appointed by the Mossel Bay Municipality as the Independent Environmental Assessment Practitioner (EAP) for the proposed removal of obstructions in the lower floodplain of the Klein Brak River Estuary, located within the Mossel Bay Municipal Area (see Figure 1). A flood event in November 2007 resulted in the flooding of a number of residential properties in the Riverside suburb of Klein Brak Rivier. The affected residents blamed various artificial features, including roads, pipelines, defunct infrastructure and reed beds for the flooding of their properties and the subsequent damages incurred. In preparing the Estuary Management Plan for the Klein Brak River Estuary, SSI Engineers (now RHDHV) undertook a preliminary assessment, based largely on observations, of the features that are considered by the residents as contributing to flood damage. Initially 17 potential obstructions were identified. This document includes the following sections: o Project description; o Overview of the legal context and description of the BA process; o How you can get involved in the process; and o Contact details of the Environmental Assessment Practitioner (EAP) to whom you may submit your comments and concerns regarding the proposed developments. The Mossel Bay Municipality now wishes to remove a number of the identified obstructions in the lower floodplain of the Klein Brak River Estuary in order to alleviate the flooding concerns of the local residents. 1 Environmental Authorisation is therefore being sought for the removal of the following 10 of the 17 identified obstructions (see Figure 2) that are deemed to be most problematic with respect to increasing flooding risk: Klein Brak Water Works and old Power Station are located to the west of the affected area. The affected area is located in the lower reaches of the Klein Brak River catchment and includes the floodplain of the Klein Brak River Estuary. The Klein Brak is fed by two rivers, the Moordkruilrivier and Brandwagriveier, which join the Klein Brak River approximately 1.5 km upstream of the affected area. 2) Removal of Berm across floodplain of the secondary channel near the N2; 6) Removal / burying / elevation of Pipeline to the Power Town community across secondary channel near the N2; 7) Removal of Berm from water works to Power Town; 10) Removal of Berm in front of old road culverts west of Eden Country Inn; 11) Removal of Berm between N2 and old road; 13) Removal of the old pump station; 14) Removal of road at channel crossing of the road from Power Station to pump station; 15) Removal of / upgrading of culvert capacity at channel crossing of road to the old Power Station; 16) Removal of concrete / steel pillars below the railway bridge; 17) Removal of concrete slab under the railway bridge. The affected area has a very gentle gradient, being located on the lower floodplain of the Klein Brak River. The affected area has been identified as Critical Biodiversity Area (CBA) in terms of the Mossel Bay Critical Biodiversity Areas plan, and as such the remaining natural areas must be protected, and degraded areas rehabilitated. There are no Protected Areas in or within a distance of 5 km of the affected area. It is unclear at this stage how these obstructions will be removed. It is proposed that through the Basic Assessment Process, various options for dealing with the identified obstructions will be assessed. Furthermore, Environmental Authorisation will also be sought for the proposed maintenance of the gravel road that provides recreational access along the eastern edge of the estuary. APPLICABLE ENVIRONMENTAL LEGISLATION In terms of the Environmental Impact Assessment (EIA) Regulations (2010) as promulgated under the National Environmental Management (Act No. 107 of 1998) (NEMA), the proposed removal of obstructions and grading of the recreational access road on the eastern side of the estuary are listed activities requiring Environmental Authorisation in terms of the following activities listed in Government Notices R544 and R546 of 2010: The identified obstructions occur on numerous properties / sites. These properties are owned / under the jurisdiction / management of several landowners, including the Mossel Bay Municipality, Western Cape Department of Transport & Water Works (DTWW), PetroSA, SANRAL, and Transnet. The entire study area in which the 10 obstructions are located is approximately 141 ha in extent. This study area includes the main channel of the Klein Brak River, the secondary channel, and small channel on the eastern side of 7th Avenue, as well as the Riverside suburb. There are approximately 168 houses within Riverside which are at risk from flooding. GN R 544, Activity 14 GN R 544, Activity 16 GN R 544, Activity 17 GN R 544, Activity 18 GN R 544, Activity 56 GN R 546, Activity 12 GN R 546, Activity 13 GN R 546, Activity 16 GN R 546, Activity 26 The affected area is a mixed land use area containing commercial, institutional and residential land uses. The 2 Figure 1: Locality Map 3 Figure 2: Location of obstructions proposed to be removed 4 • • BASIC ASSESSMENT PROCESS Due to the nature of the proposed activities, a Basic Assessment (BA) process is required. The EIA regulations (GNR 543 of 2010) outline the legal requirements for the BA process, which is shown in Figure 3. Incorporating comments from IAPs in the final BAR; And providing copies of the final BAR for review. The following have been identified to date as key stakeholders in the project: • Mossel Bay Local Municipality; • Eden District Municipality; • Western Cape Department of Transport & Water Works (DTWW); • PetroSA; • SANRAL; • Transnet; • Cape Nature; • Department of Water Affairs; • Klein Brak River Estuary Forum; • Local residents. Through the BA process and associated Public Participation Process (PPP), potential environmental issues will be identified and assessed. The results of this assessment will be presented in a Draft Basic Assessment Report (BAR). All registered Interested / Affected Parties (IAPs) will be afforded an opportunity to comment on this report before the report is finalised and submitted to the relevant environmental authorities for review. Additional IAPs will be identified during the course of the PPP. Feedback will be provided to IAPs via letters or direct communication, if requested, and in the BAR. The objectives of the BA process are to: • Develop an understanding of the project area; • Develop an understanding of the proposed project and how its related activities may potentially impact on the environment; • Identify potential issues and environmental impacts; • Assess the significance of the potential environmental impacts identified; • Describe and investigate alternatives that have been and or could be considered; and • Provide feasible mitigation measures to address any significant impacts identified. Your comments/ concerns can be submitted by fax, email, post or telephonic submission (contact details below). ENVIRONMENTAL AUTHORISATION Following receipt of IAP comments on the Draft BAR, the Final BAR and associated documentation will be lodged with the Western Cape Department of Environmental Affairs and Development Planning (DEA&DP) for a decision on the Application for Environmental Authorisation. Once the decision has been issued by DEA&DP, all registered IAPs will be notified, as well as of the appeal procedure. HOW CAN YOU BECOME INVOLVED? Public involvement is an integral part of the BA and aims to include IAPs in the process by providing information on the proposed developments and encouraging them to raise their issues and concerns. The public participation process (PPP) involves: • Preparing and maintaining a database of IAPs; • Placing an advertisement in local newspapers; • Placing site notices on the site; • Distributing BIDs (this document) to IAPs; • Providing draft copies of the BAR for review; CONTACT DETAILS Should you require additional information or wish to comment on the proposed development, please contact: Ms NICCI DIERDERICHS - FUTUREWORKS Southern Right, Brenton on Sea, Knysna Tel: +27 82 492 6804 [email protected] PO Box 2984, Knysna, 6570 Fax: +27 86 569 5554 www.futureworks.co.za 5 Figure 3: BA Process REGISTRATION Application form to DEA&DP, Reference number (14 days) Conduct Public Participation process HOW YOU CAN BE INVOLVED? Register as an IAP Read and comment on BID, site notice, or advertisement in local newspapers Prepare Draft Basic Assessment Report Review & comment on draft reports (40 days) Finalise BAR Review & comment on final reports (21 days) ASSESSMENT PHASE Finalise BAR and lodge with DEA&DP Acceptance of reports by DEA&DP (30 days) REVIEW AND AUTHORISATION Issue of Record of Decision (45 days) Notify IAPs of Decision & Appeal process 6 Appeal Period (20 days)
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