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ENVIRONMENTAL RESOURCES MANAGEMENT KANGRA COAL (PTY) LTD. 6-120 6 ESIA PROCESS AND SCOPING 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, 2014

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Page 1: 6 ESIA PROCESS AND SCOPING - ERM · ENVIRONMENTAL RESOURCES MANAGEMENT KANGRA COAL (P TY) LTD. 6-120 6 ESIA PROCESS AND SCOPING An EIA is a systematic process that identifies and

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6 ESIA PROCESS AND SCOPING

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, 2014

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6.1 APPROACH TO THE EIA PROCESS

A meeting was held between Kangra Coal, ERM and the DMR on 21st 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 21st April 2016. 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;

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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 SCOPING 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

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• 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.

6.2.1 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.

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Initial Notification of the Project

The Scoping Report will be made available to stakeholders through the Project

website (http://www.erm.com/kangracoal) 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.

6.3.2 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

Information Document (BID)

Background Information Documents (BID) in English

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

27th/28th 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 email 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 email correspondence during the public

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Activity Details

participation period.

I&AP meetings 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 2015.

Table 6.2 Central Discard Dump - PPP Activities

Activity Details

Distribution of Background

Information Document (BID)

Background Information Documents (BID) in English

and isiZulu and distributed to the registered I&APs

(existing Kangra stakeholder database (via email, 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, 0043609198°S; 30,

8017042838°E).

• Maquasa East Mine Entrance (-27,0230294298S; 30,

4136015475°E).

• Thusong Service Station (-26, 9938231912°S; 30,

4145243112°E).

• Driefontein Community Hall (-26, 9928031974°S; 30,

4146885965°E).

• Kangra Community Park (-26, 9734803122°S; 30,

4288905580°E).

• Mkhondo Municipality Piet Retief (-27,

0080803894°S; 30, 8027010597°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

2016.

Obtained comments from I&APs In addition to the stakeholder meetings, comments were

received via email correspondence during the public

participation period.

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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 email

on 17 June 2014. Sms’s were also sent out on 17 June 2014

informing stakeholders of the availability of the public

meeting minutes on the GCS website (www.gcs-sa.biz)

and that the minutes would be sent to them via email or

post upon request.

Table 6.3 Kransbank underground workings – PPP Activities

Activity Details

Identification of IAPs 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.

Background Information Document 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

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Phase. Further information related to the approach to the specialist studies is

contained in the PoS for EIA in Section 8.

6.5 INTEGRATION 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.

6.5.1 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,

2014.

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7 IDENTIFICATION OF POTENTIAL IMPACTS

7.1 INTRODUCTION

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 SCOPING 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.

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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 IN/ OUT

Constru

ction

Operati

on

Decommis

sioning

Post-

closure

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

quality and quantity X X X

IN

Groundwater

Mine water inflows and

decant X X X

IN

Impact of water level

drawdown on

groundwater users

X X X

IN

Impacts on water quality X X X IN

Impact of reduced

baseflow on surface water

and wetlands

X X X

IN

Air Quality

Impacts on air quality X

OUT - all activities will

be underground

Noise

Impacts on noise X

OUT - all activities will

be underground

Blasting

Blasting Impacts X X IN

Biodiversity

Dewatering and loss of

watercourse and

associated hydromorphic

grasslands

X X X

IN

Visual

No visual impacts are

expected due to

underground mining

OUT - all activities will

be underground

Archaeology & Heritage

No archaeological impacts

are expected due to no

surface works.

OUT - all activities will

be underground

Socio-economic

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Impact Assessed Applicable Phase of the Project Scoped IN/ OUT

Constru

ction

Operati

on

Decommis

sioning

Post-

closure

Socio-economic impacts X IN

Table 7.2 Scoping Matrix - Adit 5 and Overland Conveyor

Impact Assessed Applicable Phase of the Project Interaction

Constru

ction

Operati

on

Decommis

sioning

Post-

closure

Soils, Land Use and Land Capability

Impact on soils, land use

and land capability X X X

IN

Surface Water

Impacts on surface water

quality and quantity X X X

IN

Groundwater

Mine water inflows and

decant X X X

IN

Impact of water level

drawdown on

groundwater users

X X X

IN

Impacts on water quality X X X X IN

Impact of reduced

baseflow on surface water

and wetlands

X X X

IN

Air Quality

Impacts on air quality X X X IN

Noise

Impacts on noise X X X IN

Blasting

Blasting Impacts

X

OUT – minimal blasting

is planned, only when

the continuous miner is

unable to proceed due

to hard rock.

Biodiversity

Dewatering and loss of

watercourse and

associated hydromorphic

grasslands

X X X

IN

Visual

Visual impacts X X X IN

Archaeology & Heritage

Impacts on archaeology

and heritage X

IN

Socio-economic

Socio-economic impacts X X X IN

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Table 7.3 Scoping Matrix –Central Discard Dump

Impact Assessed Applicable Phase of the Project Scoped IN/ OUT

Constru

ction

Operati

on

Decommis

sioning

Post-

closure

Soils, Land Use and Land Capability

Impact on soils, land use

and land capability X X X

IN

Surface Water

Impacts on surface water

quality and quantity X X X X

IN

Groundwater

Impacts on groundwater

quality X X X

IN

Air Quality

Impacts on air quality X X X X IN

Noise

Impacts on noise X X X IN

Blasting

Blasting Impacts

Biodiversity

Dewatering and loss of

watercourse and

associated hydromorphic

grasslands

OUT

Visual

Visual impacts X X X X IN

Archaeology & Heritage

Impacts on archaeology

and heritage X

IN

Socio-economic

Socio-economic impacts OUT

7.3 DESCRIPTION OF POTENTIAL IMPACTS

This section contains a description of the potential environmental, socio-

economic 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.

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Table 7.4 Impacts identified that have been Scoped IN

Aspect Project Activity

Soils, land use and land

capability

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.

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Aspect Project Activity

Air Quality 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.

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Aspect Project Activity

Socio-economic 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.

7.3.1 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.

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8 PLAN OF STUDY FOR THE EIA

8.1 INTRODUCTION

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

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• 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 IN 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

8.4.1. 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;

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• 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.

8.4.1 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 Plan of Study

Louis Botha

Groundwater Square

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

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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

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• 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

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

Scale:=S

5 – International

4 – National

3 – Regional2 – Local

1 – Site only

0 – None

Magnitude:=M

10 - Very high/don’t know

8 – High

6 – Moderate

4 – Low

2 – Minor

Status of Impact

+: Positive

-: Negative

N: Neutral

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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

POINTS COLOUR CODE

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

- Mbombela

Mr F Guma Chief Director: Mpumalanga

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

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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.

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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 Contents

Chapter 1 – Introduction 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

Chapter 2 – Project

Description

Describes the Project Area and the proposed Project components

Chapter 3 – Project

Alternatives

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

Environmental Description

Provides a detailed baseline assessment of the receiving physical

and biological environment in the Study Area

Chapter 6 – Public

Participation Process

Summarises engagement activities with Interested and Affected

Parties for the EIA Project

Chapter 7 – Identification and

Assessment of

Environmental Impacts and

Environmental Management

Programme

Presents the predicted impacts to the physical and biological

environment as a result of the proposed Project and associated

mitigation

Chapter 8 – Monitoring

Management Programme

Outlines procedures essential for effectively monitoring social

and environmental mitigation/management measures

Chapter 9 – Environmental

Emergency Response Plan

and Environmental

Awareness Plan

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

Chapter 10 – Financial

Provision

Presents a cost estimate for environmental rehabilitation and

closure of the proposed Project

Chapter 11 – Environmental

Rehabilitation Programme

Details the framework which aims to address environmental

issues related to rehabilitation, decommissioning and closure of

the proposed Project

Chapter 12 –Conclusion 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.

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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 2016 9 October 2016

Submit the Scoping Report and PoS to DMR 14 October 2016

DMR to Accept or Reject PoS 14 October 2016 23 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 2017

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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:

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.

MS LISA OTTEN

ENVIRONMENTAL RESOURCES MANAGEMENT (ERM)

POSTAL ADDRESS: POSTNET SUITE 624, PRIVATE BAG X29,

GALLO MANOR, 2052

TEL: (011) 798 4300

FAX: (011) 804 2289

EMAIL: [email protected]

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Department of Environmental Affairs. 2012. Highveld Priority Area Air

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35072.

Department of Water Affairs. 2010. Operational Guideline: Integrated Water

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Dr Pixley Ka Isaka Seme Local Municipality Final IDP. 2015/16 – 2016/17.

GCS (Pty) Ltd. 2013. Kangra Coal Pty (Ltd): Proposed Expansion of Mining

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Geotail (Pty) Ltd. 2014. Kangra Project Design Report for New Maquasa East

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