APPLICA TfON - Eskom · Directorate"), before commencement of opera1 :on activities. 3.1 Such...

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22/08/2007 15:30 02148~3633 DEADP PAGE 01/14 VefW1lS/ng Reference lsa/ifill/so EG1 ~/2/3/2-D6/~t-352/06 Na~ EnqlJ/;Iie5" Irnlb/lZl} n~ D Swanepasl OatrJm Oate Umhl.9 Eskom Holdings (Pty) Ltd. PO Box 1091 JOhannesburg 2000 Te : 083 2421827 Fa ~: 011 8005140 Dear Sir APPLICA TfON: A. DESCRIPTION qF ACTIVITY: Utlllt8sgebou. Dorpslraat 1 Prlvaat5ak .\'9086 ~ad8000 Tel/Fak$No.: (IJ; 1) "83 2".3 Tel/Fa: No.: (0 1) .: 83 5&~ lfOWtIf?f /Ilak5"/: : UtiJitaS" Bllf/d/ng,1 D()tp ~t PrivatEHag X9086 Cape TOwn BOlJO .A propane storage facility of 13 cubic metres; .Two conservancy tanks, each with a capacj~ of 6000 litres; .A control room; .A fuel supply pipeline; .A water su~ply pipeline; and .A High Voltage (HV) yard.

Transcript of APPLICA TfON - Eskom · Directorate"), before commencement of opera1 :on activities. 3.1 Such...

22/08/2007 15:30 02148~3633 DEADP PAGE 01/14

VefW1lS/ngReferencelsa/ifill/so EG1 ~/2/3/2-D6/~t -352/06

Na~EnqlJ/;Iie5"Irnlb/lZl}

n~D Swanepasl

OatrJmOateUmhl.9

Eskom Holdings (Pty) Ltd.PO Box 1091

JOhannesburg2000

Te : 083 2421827Fa ~: 011 8005140

Dear Sir

APPLICA TfON:

A. DESCRIPTION qF ACTIVITY:

Utlllt8sgebou. Dorpslraat 1Prlvaat5ak .\'9086

~ad8000Tel/Fak$No.: (IJ; 1) "83 2".3Tel/Fa: No.: (0 1) .: 83 5&~

lfOWtIf?f /Ilak5"/: :

UtiJitaS" Bllf/d/ng, 1 D()tp ~tPrivatE Hag X9086Cape TOwn BOlJO

.A propane storage facility of 13 cubic metres;

.Two conservancy tanks, each with a capacj~ of 6000 litres;

.A control room;

.A fuel supply pipeline;

.A water su~ply pipeline; and

.A High Voltage (HV) yard.

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The additional units will be located immediately to the west of the p' I $ent OCGTpower plant and will be incorporated into the ge 1eral OCGT POWE .~~ ant precincti.e. the entire I area will be fenced off with a sinlile access road. I :Ui II and watersupply would:, be by means of extensions to he existing pipet 1e ~ j within theOCGT precinct The extended High Voltag) (HV) yard wollld be locatedimmediately north of the proposed three units ind would enable' tl~ e electricitygenerated to then be transported to the Proteus :ubstation via the ,lut1orized andrecently commissioned 400kV transmission line::. The total area .e::luired to besubdivided and rezoned for the proposed units and associated ilfri:lstructure ISapproximately 25ha. The additional area will t e incorporated inlo he existingOCGT power plant precinct of approximately 28 la, resulting in a I:Olrlbined areaof approximately 53ha. Access would be via 11e access road 11) :~ he existingOCGT power plant. The highest points of the pi int would be the .lr,~ e emissionstacks, likely to be about 30m high. figure 6 of t Ie Environmentallm~lact Reportby Ninham Shand, dated April 2006, contains a site layout plan e ld Figure 7 adiagram of a typical OCGT generating unit.

6.pril 2006,These are activities identified in Government No ice No. R387 of

being:

Government Notice R387Activity Number: 1 (a). (c) & (e)Activity Description: The construction of facilit as or infrastrucUire, includingassociated structures or infrastructure, for:(a) the generation of electricity where -

(i) the electricity output is 20megawatts or more; or(ii) the elements of the facility cover a combined area ir eJ :cess of 1

hectare;(c) the above ground storage of a dangerous good, including I:etrol, diesel,

liquid petroleum gas or paraffinj in containE rs with a combine j ': apacity of1000 cubic metres or more at anyone loca 'ion or site includi 9 ,torage of

one or more goods, in a tank farm;(e) any process or activity which requires a permit or licence irl terms of

legislation governing the generation or rE lease of emissiol s, pollution,effluent or waste and which is not identified 11 GN No. R.386 0121:106.

hereinafter referred to as "the activities".

B.

LOCATION:The site is located adjacent to and immediately we it of the existing (: CI: ~T powerplant at Mossel Bay, on a portion of Portion 1 01 the Farm patrys: Jrein, 228.Mossel Bay. The locality map is included as Fi! 'ure 3 in the EIR b'l NinhamShand, dated April 2007. The site of the OCGT p )wer plant~ now k',oJIn as theGourikwa Power Station, is located approximate! ( 13km west of Ih(;! town ofMossel Bay and approximately 1 km northwest of he PetroSA facili {. The totalarea required to be subdivided and rezoned or the proposec I] nits andassociated infrastructure is approximately 25ha, ar d is hereinafter rE :e, .ed to as

1he property".

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c. APPLICANT~Eskom Holdings (Pty) Ltd,C/o Mr Kuban NairPO Box 1091'

Johannesburg2000

Tel: 0832421827Fax: 011 800 5140

D. ENVIRONMENTAL ASSESSMENT PRACTITIO ~ER:Ninham Shand (Pty) Ltd.C/o Mr Brett LawsonPO Box 509George I6530 1

Tel: 083 4570557Fax: 044 873 5843

E. SITE VISIT(S):Date: 23 May 2007Persons Present: Mr D Swanepoel, Mr H Li~ je & Mr S Mac 'ellzie of theDepar1ment of Environmental Affairs & Developm ~nt Planning ('IDE!\8IJP"), Mr CNorman & Mr B Lawson of Ninham Shand, Mr Jo ~ van Wyk (ECO Jr the OCGTunder construction), Mr K Nair, Mr R Beckmann ar d Ms 0 Herbst of I=sl;om.

F DECISION: .\

The Department is satisfied, on the basis of inforrr ation available to :~"d subjectto compliance with the conditions of this enviro,mental authorisc :iC11 that theapplicant should be authorised to undertake the al ;tivities specified flbc:,/e and beexempted from tne provisions of the regulations sp ~cified below.

By virtue of the powers conferred on it by the National EIWi 'onmentalManagement Act, 1998 (Act No. 107 of 1998) ~ nd the EnvironmlJn1al ImpactAssessment Regulations, 2006 the Department h ~reby authorises Ih.~ activitiesdescribed above and grants exemption from:

.Section 24(4) (b) of the National Environrr 3ntal Manageme, , t I \ct, 1998(Act No.1 07 of 199B) -" Procedures for the Investigation, ass, s~:: '7Jent and

communication of the potential impact of activities must 6IJS"re. as aminimum. with respect ta every appli, ation for an e. vir onmentalauthorization (b) investigatian of the Potl 'ntial impact of thE' a: 1ivity andits alternatives on the environment and ass ~ssment of the sit i ni I icancB ofthat potential impacf

The granting of th,is environmental authorisation i~ subject to the CC'1CI lions setout below. I

G. CONDITIONS OF AUTHORISA TION;

1. The activity, including site preparation, may not ~ommence within 2() (twenty)days after having received this environmental allthorisation. In th;! E! lent that

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2.

3

4

5

6 Should any heritage remains be exposed du ing excavations, th ~ 'se mustimmediately be reported to the Provincial Herita ~e Resources Au1110iity of theWestern Cape, Heritage Western Cape (in te ms of the Natiofl31 HeritageResources Act, 1999 (Act No. 25 of 1999). H !ritage remains u cl~vered ordisturbed during earthworks must not be disturt ad further until th.: r I ~cessary

approval has been obtained from Heritage West! ,rn Cape.

6.11f any archaeological remains (including but n Jt limited to fossil !)orles andfossil shells, coins, indigenous and/or colonia ceramics, any arti~II.:s ofvalue or antiquity, marine shell heaps, stone c rtefacts and bone rernains,structures and other built features, rock art ar, j rock engravings I ar ediscovered during construction they must imrr ediately be report: Id :0

2.1 Such notice shall make clear referencl! to the site locat I)n details andreference number given above.

2.2 The said notice must also include proof of compliance wi1111~ Ie followingconditions described herein:

Conditions: 1,8,9,10 & 14

On~ week's notice, in writing, must be give 1 to the Directorc B IntegratedEnvironmental Management (Region A)j (~9reinafter referre 1 10 as "thisDirectorate"), before commencement of opera1 :on activities.

3.1 Such notice shall make clear reference to the site looatic 11 I fetails andreference number given above.

3.2 The said notice must also include proof )f compliance witt ttl ~ followingconditions described herein:

Conditions: 8 & 15

An integrated waste management approach r 1ust be used tha1 is based onwaste minimisation and must incorporate re juction, recycling, r,:.-use anddisposal where appropriate.

4. 1 The above must be detailed in the const 'LJction and oper( :ic I 'al phaseEnvironmental Management Plans (EMPs).

4.2 Any solid waste shall be disposed of at ~ landfill licensec if;' terms ofsection 20 of the Environment Conservat In Act, 1989 (AI: t r Jo. 73 of1989),

The mitigation/rehabilitation measures and relommendations a;: (retailed inthe Environmental Impact Repol1 dated April 20 )7 compiled by Ni 'h,:, m ShandConsulting Services, must be adopted and ir Iplemented. The ~C 11structionphase and operational phase EMPs must con ain a list of all ttl9 Initigationmeasures identified in the Environmental Im~ act Repor1 (EIR) aI' d clearlymake reference to where they are addressed in he EMP.

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7

8

Heritage Western Cape and must not be listurbed further u Iiti thenecessary approval ha~ been obtained frc ,m Heritage WestE:rn Cape..

6.2./f any ~hlpwrecks are discovered during (onstruction they n'u:;~ITmedlat~'y be reported to S~uth African -feritage Resourcl: s ,I ~gency( SAHRA ) and must not be disturbed furt ler until the neces ;a' y approvalhas been obtained from SAHRA.

6.31f any graves or unmarked human buria s are discovered tll ey must betre~ted with respect. and SAHRA must Je notified imme( I ia 31y and theburIals must not be dIsturbed further until' he necessary applo'la\ has beenobtained from SAHRA. An archaeologist r lust be contractec tc remove theremains at the expense of the developer.

The holder of the authorisation must implement the :r! lironmentalManagement Plans (EMP) contained in thE Environmental 1.'~lict Report,dated March 2007. the revised an updat Jd Construction I:r' rironmentalManagement Plan: Project Specification reci lived on 11 July ~C 1)7 and thedraft Operation and Maintenance Environme ltal Management PI i In (revisedJuly 2007) by Ninham Shand. These constru ~tion phase EMP:; ale currentlybeing implemented for the construction 0' the first three turbines andassociated structures, authorised on 20 Decer Iber 2005.

The draft operational phase Environmental Management Pic 1 July 2007revision) must be amended to provide more jetail regarding nlJrl toring andreporting during the operational phase, and answers the quI: sti )ns who? Ihow? , when?, how often?, where? The followir g aspects must al110r Igst othersbe included in the operational phase EMP:

0 An ambient air quality program to monitor" Ox in the vicinity (If tlle plant.0 A detailed air quality management program that indicates anc e sures that

the emissions emitted during the operatio' of the OCGT p lr i does notexceed the proposed and future national an bient air quality sl:tnl:lards

0 A requirement that a detailed quarterly air quality monitorin~1 r:'port mustbe submitted to the relevant air quality autl orities within DEI IT, DEA&DP IEden District Municipality and the Mosse\ Bi lY Local municipal i ty

0 A Noise Impact Management plan for the de velopment which 1C I Jdes:.Operation of the units must be limite j to a five hour d~lyt ne period

under normal circumstances i.e. in the absence of ~'J~der supply

failures elsewhere..Regular follow up noise audits to cc !rtify that no deteliol'ation has

taken place..Pure tones and impulsive sound~ must be mont" ,rl d during

operation and corrective measures 'elated to this mil st be taken

immediately should it become necess ~ry. ...The keeping of a complaints regi~ ter with detaIls ,f the time,

location and nature of noise complain s received by the \)rc:ponent.0 A monitoring programme for effluent managE ment.

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prescribed in the operational phase Envirc nmen1al Manage,",el1t Plan andtake the required corrective actions when ne( essary.

9 The holder of the authorisation must 8 Jpoint a suitabl, I )xperiencedEnvironment Control Officer before cammer cement of any le,c clearing orconstruction activities, for the duration of the construction pll age of thedevelopment, to ensure that the mitigati, )n/rehabilitation rlle::sUres andrecommendations referred to in this author, )ation are impler ei" fed and toensure compliance with the provisions of he EMP. An ex. ~n i lion of thecontract of the EGO appointed for the tacit ty authorised on 2(1 December2005 may satisfy this condition.

10 The Terms of Reference for the Environme ltal Liaison Comi",iti:ee ("ELC")established in terms of the authorization isSUI!d on 20 Decemb:!r ; ~OO5, mustbe amended to include the proposed extensil,n of the OCGT al f\lossel Bay,as well as the operational phase of the facility.

10. 1 The amended terms of reference for thll ELC must be su " IT i tted to thisDirectorate for approval at least three v eeks before comillericement ofany land clearing or construction.

10.2 The TOR must include but is not limited to the following:

10.2.1" the frequency of meetings and I 9portS,

10.2.2: chairmanship/membership

10.2.3 auditing requiremems

10.2.4 duties and responsibilities durinll the construction \)hilse

10.2.5 the termination of such ELC

10.2.6: the frequency of providing feedt ~ck to the local cc nil ,unity.

11 The holder of the authorisation must submit a) Environmentall'ul:lit Report,('~audit repon") to this Directorate on the facilit I authorized on ~I) ::)ecember2005 as well as the extension herewith authol sed within ninety diJVs of thisauthorization and every quarter thereafter until constructior 1- as been

completed.11.1 The audit report must indicate the date )n which the con~ :rll ~tion was

completed, and detail compliance' vith the conditi(ln~; of thisauthorization and the previous authoriz ition, as well as 1118 status of

the rehabilitation programme.11.2 This Directorate may require remedial lction should the ~LI jit report

reflect that rehabilitation is inadequate.11.3 If the audit report is not submitted, this )irectorate may ~ V() 30 days

written notice and may have such an aL jit undertaken at. ,e expenseof the applicant and may authorise any Jerson to take SUC,) 1'\1easures

necessary for this purpose.12 A validation must be done of the modelled .esults presented ill the Air

Emissions Specialist Study done during the EIA process must be Jfl jertaken

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15 The applicant must, in writing, within 10 (ten) c uendar days of re::ei'ring noticeof the Department's decision to authorise the a :tivity -15.1 Notify all registered interested and aft !cted parties of th!! (:utcome of

the application and the reasons for the decision; and -15.2 Specify the date on which the authoris. Ition was issued;15.3 Inform all registered interested and lffected parties c 1.'19 appeal

procedure provided for in Chapter 7 of he regulations; ar I j15.4 Advise all registered interested and af ected parties that s"'ould they

wish to appeal that they must lodge; l notice of intenti on to appealwith the Minister, within 10 days of receiving ncl:iC1~ of theDepartment's decision and, must subr 1it their appeal wilhi'l 30 daysof the lodging of their notice of intentior to appeal.

15.5 Inform every interested and affected p1 rty that a prescrit ~C Notice ofIntention to Appeal form and Appeal form is obtainat lie from theMinister's office at tel. (021) 483 3721, ~mail jedevill@~'~,Jov.za orURL http://www.capeQatewav.aov.z.slec QQ.

15.6 Inform all interested and affected par ies that should 1:le\' wish toappeal, the appellant must serve on the applicant a copy I:f 111e Noticeof Intention to Appeal form as well as i notice indicatin~1 v.'lere andfor what period the appeal submission viII be available f(," irlspectionby the applicant; and

15.7 If the applicant should decide to appeal, the applicant mus -.lodge a notice of intention to appe; .I with the MinistE " 'Ivithin 10

days of receiving notice of this decisi )n and, .,.submit the appeal within 30 days () ~ the lodgIng of tl' e 1obce of

intention to appeal and, ..serve a copy of the notice of intenti! In to appeal ?n.a ~:; ~glstered

interested and affected parties as we I as a notice Indlc: Itl ' 9 where

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and for what period the appeal submission will

inspection.9 ,~vaiJable for

16 The owners of the agricultural land, imn ediately adjacent tC) the OCGT

facility within the SOdBA Noise Buffer al ound the OCGT sit e, must beinformed that the use of their land for town ,hip development n:j y be limiteddue to the potential noise impacts. Si! Ined consent an: I .in-principle"

agreements with respective landowners)f areas that m~ ( : ;erve as apotential buffer zone in which it is agreed tho It;16.1 the landowner would not execute an) residential devell pl'llents within

the 50dBA buffer area indicated orl the map that w, S 5hown andsigned off by the landowner;

16.2 the landholder will grant Eskom all option to obtai I ; I servitude

restricting residential development ov, Ir the farm;16.3 registration of an area servitude (ver the farm wI I ic' is to be

determined by actual noise measuren ents on the farm,must be submitted to this Directorate ~t least three \ I'el: ks before

commissioning of the additional three turbir e units and comr' Ie cement ofthe operational phase.

17 The holder of this Environmental Authoris Ition must inforr .le personresponsible for the Massel Bay Munic pality's Spatial )E:! I/elopmentFramework of the 50dBA Noise Buffer arou ld the OCGT site a d the factthat further development near the facility m~ y be compromise I I: ecause ofthe noise impact and the fact that the facil~ is a Major Ha:zar 1lllstallation.This must be done before commencement c f the operational :,h.: se and ineach successive IDP/SDF review cycle.

18 The holder of the authorisation shall be respa isible for ensurin!: C1 )mpliancewith the conditions by any person acting or his behalf, inclultirl ~ but notlimited to, an agent, sub-contractor, emploYE e or any person re 1dering aservice to the holder of the authorisation,

19 Any changes to, or deviations from) the proj ~ct description SE : C) ut in thisauthorisation must be approved~ in writing, b~' the Department )E!ore suchchanges or deviations may be effected. In as: ,essing whether tl ~I 'ant suchapproval or not, the Department may request such information 1S it deemsnecessary to evaluate the significance and mpacts of such ~t, 1nges ordeviations and it may be necessary for the hold ~r of the authorisa I ior I to applyfor further authorisation in terms of the regulatic ns,

20 A copy of this authorisation must be kept at thl ! property where 1; le activitieswill be undertaken, The authorisation must bE produced to an~' a I rthorisedofficial of the Department who requests to see t and must be ma: 1e ~vailablefor inspection by any employee or agent of tt e holder of the e Jtl'lorisation

who works or undertakes work at the property,

21 Where any of the holder of the authorisatit In's contact details change,including the name of the responsible person, 118 physical or po!;ta addressand! or telephonic details, the applicant must n )tify the Departm,: n1 as soonas the new details become known to the holder )f the authorisatio .

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H. REASONS FOR THE DECISION:

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Exemption:The EIA is undertaken at project level and its po nt of departure is ;c 11textualizedby reference to the following strategic level plann '1g documentation

.DME's National Energy Policy

.DME's Integrated Energy Plan

.NERSA's National Integrated Resource PI~ n; and

.Eskom's Integrated Strategic Electricity PI~ n.The White Paper on a National Energy Policy, .998 sets out five 01:1 ectives forthe further development of the energy sector. Th« five objectives ar:la 3S follows:

.Increased access to affordable energy ser\ ices.

.Improved energy governance;

.Stimulating economic development;

.Managing energy related environmental an I health impacts; i I n(!

.Securing supply through diversity.The National Integrated Resource Plan (NIRP) ev iluates the diversilici:tion of theplan for electricity to include cleaner coal echnologies, gali, -enewabletechnologies and nuclear.

The applicant has applied for and is exempt!d from the con' :ic 13ration ofalternatives. The proposed open cycle gas tUI bine technology ::01ribute tosecurity of electricity supply through diversification and is best suite, f f peakingelectricity generation. Since the proposed addit onal units are e SfJ ntially anupgrade of the OCGT power plant that is currently under constructio I, : Ilternativegeographical locations have not been considered. In terms of speci'ic sites, thearea to the west of the OCGT power plant is the 01 1y feasible option "',is is dueto the OCGTHV yard to the north, PetroSA's expar sion plans to the la~::t, and thepotential expansion of the landfill to the south. M01 vated for the neel: fcJ r peakingelectricity generation, alternative technologies for t lis capacity inoree:3E' have notbeen considered. The power station currently Inder construotiol ,:omprisesspecific gas turbine technology hence from an t Itegration point c ,,'jew, it isrequired to utilize the same technology for the addii jonal generating L 1i1:: I. OCGTtechnology is "off~the-she/f', and, using this techno ogy. will assist in T11-::eting thedeadline of winter 2008 for the additional units to be operation~. Processmeasures (e.g. measures to abate oxides of nitrogE 1) have been exa,illed in theprevious EIA process and the alternative selected juring that proce::s Ivoul~ beimplemented for the proposed OCGT units as well Hence process 1111~rnatJveshave not been further investigated.

Impact on fauna & flora:An assessment of the impacts on biodiversity wa ~ done by Mr K :() atzee ofConservation Management Services. He conclud!d that the propc ;e.:f OCGTextension is predicted to have little or no negative mpact on the en~ I ro Ilment inwhich it will be built. The entire extent of the adc itional area of ap:lr(:IKimatelv

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25ha will be located outside of the identified bot, Inically sensitive ~ 'e,:: s, There willbe no loss of natural vegetation, only a reductio} of transformed e~Jri::ulturalland.Three Red Data listed bird species do OCCl r in the general a' aa, namely:Stanley's bustardj the blue crane and the blac~ harrier. These t. rc' populationswill not be significantly impacted on by the additional OCGT u'lits as onlywheatland habitat will be impacted on which i; a secondary h~: oj', it for thesebirds. The impact on fauna is expected to be ve~' low.

Impact on air quality:An Air Quality Assessment was done by Airshed ;'Ianning Professil m:lls (Pty) Ltd.The report concludes that the OCGT plant woulc cumulatively not ~) I :eed any ofthe prescribed limi1s (i.e. South African limit v~ .Iues, reference: :;/J \JS 1929 -Ambient air quality -Limits for common pollution) and the impact CI ei'nissions onair quality under normal operating conditions is therefore considE!rel:I as low insignificance. The report states further that for oxi, les of nitrogen, wllic" is the onlysignificant pollutant; standards would not be eXCE eded if 1he power s1., ltion wouldbe operated for 24 hours per day with a N()x emission of 1 :i5\'Jm3. Theoperational phase EMP requires monitoring of Imbient NOx levE!s as well asrecording in-stack air quality information while thE plant is in opera1i~rl to ensurethat emissions are not exceeding legellimits an< that the operatic I' 1:1 the plantaccords with the requirements of the APP A permH

Geology and drainage:A concern was raised about polluted runoff enterl '9 the Blinde Riv,: r, and it wassuggested that due to PetroSA's perceived inat lity to manage h ~~ y polluteddischarges into the Blinde River, Eskom should c: evelop a separatE: s10rm watermanagement system. Eskom has a process in Illace that will en~ Jr,: that onlywater that is not contaminated by pollutants is rl ,leased into the (;:)("' mon dirtywater system. The contaminated water from the )Iant collects in tt 3 ~ lirty stormwater dam. From the dirty storm water line, the water passes thrl: u\; h a Drizitplant (separator plant) where oil and water sill be f eparated. The SE\)a,'ated oil isstored in tanks and then taken for recycling, and tile water passes tl' rc I Jgh to theclean storm water catchment. When the clean star n water dam reac' Ie: a certainlevel, it is tested before being pumped through to tt e common dirty W It(:" system,

Visual impact:The specialist tasked with assessing the visual ir 1pact, recorded t gl1 visibility,exposure and receptor sensitivity, but visual sens tivity, absorption I al.:1 acity andintrusion were considered moderate. In summary the specialist co ISII tered thesignificance of the visual impact of the additiollal OCGT units ,is medium.

provided that mitigation measures are successfully mplemented.

Impact on noise levels:The environmental noise impact study by Jongens I{eet Associates ~ "\(1 the peerreviewed by GV Meij found that an impact would be experienced for tie ,:>perationof all six units during daytime. The operation of all six units for the ~'4 flour timeperiod would result in a significant impact in all thl! undeveloped larl.1 'lor futuretownship development. Since no remedial measurE S seem to be av~ 1 il~ ,Ie otherthan the curtailment of the operating period to the five hour day tin 19 I >eriod of06:00 to 22:00, the specialists recommend that opel ation of the units Ie limited toa five hour daytime period only and that a bindin~ undertaking be ':n1~,~red intowith the proponent. Eskom has indicated that the OCGT is unlike/\' t(1 operate

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outside of the daytime hours of 06:00 to 22 00 as defined in S, ~NS 10103.Nevertheless, Eskom anticipates that the OCGl may sometimes I' aIle to operatefor more than 5 hours per day over the nex1 5 years until furlht:!r base loadcapacity is buil4 and this may sometimes extend into the night timE hi: urs of 22:00to 06:00.

It must be noted that there is a very small nu nber of people Ii I in! J within the50dBA contour in Figure 7 that will experience i disturbing noise a::: defined bythe Noise Control Regulations. None of the landowners havE; I: used noiseconcerns during the public participation. Ho~ ~ver, Eskom has c:lmmitted topurchase rights on the affected properties! and irl terms of the rele\.m1Iegislation,apply for a noise buffer. In addition to this, the legislation allows fo" exemptionfrom the noise regulations for specified periodS .nd Eskom may \ I al: t to pursuethis in the event of any exceedances. Future development in'E immediatevicinity of the OGCT may be limited by the fact tl at both the OCG" a I)d PetroSAare Major Hazard Installations, the presence of a ~ndfill site and thE n: ise buffer.

Impact on socio-economic conditions:The specialist social impact study commissioru td for the propO~;9<1 additionalOCGT units summarized the positive impact; of electricity II rc'l rision andcorporate social responsibility as potentially t igh and mediufT r~,~spectively(dependent on mitigation), while employment cre rtion, business O~IJ(11uni1y andskills development rated positively between ins, ~nificant and lo'h Insofar asnegative ratings are concerned; high impacts with: )ut mitigation werl: rl: corded forlabourer and job seeker influx, and social conflic. Mitigation woul I I: ring theseimpacts down to an insignificant level.

Public Participation:A comprehensive public participation process was undertaken in acc )r ance withChapter 6 of the EIA Regulations (GN No. R385 0121 April 2006). V tri:lus issuesand concerns were raised during the public panic pation process ar j : lddressed

to the satisfaction of this Directorate.

In view of the above, this Directorate is satisfied tllat, subject to cor plil9.nCe withthe conditions contained in the environmental auth Jrisation, the pro~ )St;!d activitywill not conflict with the general objectives of integrated e (Vi lonmentalmanagement laid down in Chapter 5 of the Nation .1 Environmental I, 1ai' lagementAct, 1998 (Act No.1 07 of 1998) and that any potentialty d'i !trimentalenvironmental impacts resulting from the proposE j activity can be 1'\ igated to

acceptable levels. The application is accordingly gr, lnted.

APPEAL:I.Appeals must comply with the provisions as C Jtlined in Chaptt I r 7 of the

regulations.

15:30 0214833633 DEADP PAGE ].3/14

By post:

By facsimile: (021) 483 4174; or

By hand: 3rd floor Leeusig Building4 Leeuwen StreetCape Town8001

A prescribed Notice of Intention to Appeal forrr and Appeal forn I i~:: obtainablefrom the Minister's office at tel. (021) 483 3721 email jedeyill@t ~I~.aov.z~ orURL h!!P-;L!~~~~v ~~~

All interested and affected pal1ie$ that wish to apl eal must serve 01' tli e applicanta copy of their notice of intention to appeal as ~ 911 as a notice iru: ic" ,ling whereand for what period the appeal submission will b~ I available for ins ,e,: tion by the

applicant.

If the applicant should decide to appeal! the app icant must serve 1 : :opy of thenotice of intention to appeal on all registered int. !rested and affec ~C' parties aswell as a notice indicating where and for what. peril,d the appeal subll 'if- ;ion will beavailable for inspection.

Cape Town8000

14/14PAGEDEADP021483363315:30

~/08/2007

Provincial Government, Local Authority or comr littees appointed i"'l I erms of theconditions of the application or any other public, ,uthority or organi:;a' on shall notbe held responsible for any damages or losses )utfered by the d 'VI: loper or hissuccessor in title in any instance where constru :tion or operation Sll )sequent toconstruction be temporarily or permanently stoppl,d for reasons of r )r, complianceby the developer with the conditions of authorisati )n as set out in th i s ocument orany other subsequent document emanating from 11ese conditions o. ai, thorisation.

Your interest in the future of our environment is greatly ( ppreciated.

Yours faithfully .t.J:>t.Lv~

CHRIS RABIEDIRECTOR: INTEGRATED ENVIRONMENTAL MANA(iEMENT (REGIOI'1 j\)

DATE OF DECISION: ~ \ ~ ~ ~-Copies to: (1) Mr E Kruger (Mossel Bay Municipality) Fax: 044 6( ) E: '88

(2) Mr B Lawson (Ninhem Shand) Fax: 044 8; 31:,343(3) Mr 0 Swanepoel (George office) Fax; 044 8i ~ 2.: 23