Aviemore 10064 Mining Right Application Public Participation … · 2017-08-10 · Webber Wentzel...

4a Old Main Road, Judges Walk, Kloof, Kwazulu-Natal, South Africa, 3610 PO Box 819, Gillitts, 3603, South Africa Tel: +27 (0) 31 764 7130 Fax: +27 (0) 31 764 7140 Web: www.gcs-sa.biz

GCS (Pty) Ltd. Reg No: 2004/000765/07 Est. 1987 Offices: Durban Johannesburg Lusaka Ostrava Pretoria Windhoek Directors: AC Johnstone (Managing) PF Labuschagne AWC Marais S Pilane (HR) W Sherriff (Financial) Non-Executive Director: B Wilson-Jones

www.gcs-sa.biz

Aviemore 10064 Mining Right Application Public Participation Report

Report

Version – 1

03 November 2015

Zinoju

GCS Project Number: 15-355

DMR Reference: MR 10064

Zinoju Aviemore Mining Right Application

15-355 3 November 2015update Page ii

Report Version – 1

03 November 2015

Zinoju

15-355

DOCUMENT ISSUE STATUS

Report Issue Draft

GCS Reference Number GCS Ref – 13-355

Client Reference Aviemore Scoping

Title Aviemore 1164 Mining Right Application Public Participation Report

Name Signature Date

Author Christopher Wright

2 November 2015

Document Reviewer Russell Stow

2 November 2015

Director Pieter Labuschagne

3 November 2015

LEGAL NOTICE This report or any proportion thereof and any associated documentation remain the property of GCS until the mandator effects payment of all fees and disbursements due to GCS in terms of the GCS Conditions of Contract and Project Acceptance Form. Notwithstanding the aforesaid, any reproduction, duplication, copying, adaptation, editing, change, disclosure, publication, distribution, incorporation, modification, lending, transfer, sending, delivering, serving or broadcasting must be authorised in writing by GCS.


15-355 3 November 2015update Page iii

CONTENTS PAGE 1 INTRODUCTION .......................................................................................................................... 1 2 PUBLIC PARTICIAPTION .............................................................................................................. 3

2.1 I&AP CONSULTATION ..................................................................................................................... 3 2.2 AUTHORITIES CONSULTATION .......................................................................................................... 5

LIST OF TABLES Table 2.1 Identified I&APs .......................................................................... 4 Table 2.2 Authorities and Municipal Consultation ............................................... 5 Table 2.3 Issues and Trails report ................................................................. 6

LIST OF APPENDICES APPENDIX A ACCEPTANCE OF APPLICATION ...................................................................................... 7 APPENDIX B BACKGROUND INFORMATION DOCUMENT................................................................... 8 APPENDIX C NEWSPAPER ADVERTISMENT ......................................................................................... 9 APPENDIX D REGISTERED LETTERS ................................................................................................... 10


15-355 3 November 2015 Page 1

1 INTRODUCTION

Aviemore Colliery is an existing coal mine located in the KwaZulu-Natal Province of South

Africa, approximately 8km north-northwest of the town of Dundee and approximately 325 km

east-northeast of the City of Durban.

Aviemore has a valid prospecting right (258PR) which it intends to convert into a mining right.

An Application was submitted to the DMR with reference MR 10064 and was accepted on the

21 September 2015 (APPENDIX A). The acceptance letter outlined dates required to submit

certain documentation, one of which was the submission of proof of consultation with

Interested & Affected Parties (I&APs).

“To consult in the prescribed manner with the landowner, lawfull occupier and affected

party including the Land Restitution Commission and include the results of such consultation

in the relevant environmental reports to be submitted and uploaded on the SAMRAD system

on or before 3rd November 2015.”

The MR 10064 application area is contiguous to its existing mining right area (301MR) and as

such this application will be an extension of the existing mining operations. The proposed

additional mining area will be accessed through the existing underground workings. The

proposed extended mining operation will therefore not involve any construction activities as

only existing infrastructure will be used. All processing of ROM will be done at the Coalfields

Siding and the residue disposal facilities at Magdalena Colliery will be used. This is in line

with the existing EMP.

This application has focused on the extension area MR10064. No additional surface

infrastructure is required for mining operations to commence within the application area and

impacts will be limited to subterranean infrastructure most notably geohydological impacts.

Impacts and mismanagement plans for terrestrial impacts have been assessed in detail in the

Aviemore Phase 1 Assessment. This included assessments on: Soil, Vegetation, Fauna, land

capability, Surface water, Groundwater, Air quality, Noise, Archaeological, Social and visual.

Mitigation and management measures for identified impacts during phase 1 were outlined in

the approved EMP.

Specialist studies and complementary mitigation measures conducted for compilation of this

EMP amendment are limited to groundwater investigations with associated geohydrological

modelling.



This report outlines public participation conducted to date. The consultation process is

ongoing and the final public consultation process will be outlined in the Environmental

Assessment Report.



2 PUBLIC PARTICIAPTION

Public participation has commenced on the project. The process of engaging with various

stakeholders is ongoing. The complete stakeholder engagement process will be outlined in

the Environmental Impact Assessment Report. To date the following tasks have been

concluded:

Compilation of an I&AP database

Drafting and distribution of Background Information Document (BID) (APPENDIX B)

Placement of advertisement in the local newspaper (APPENDIX C)

E-Mail and registered letters notifying potential I&APs of the project (APPENDIX D)

2.1 I&AP consultation

On-going consultation with I&APs will be undertaken for the duration of the application. The

Scoping Report will be made available to them and any comments or queries will be recorded

and duly addressed. Follow-up telephone calls and letters will also be made/sent when

necessary to inform I&APs of the availability of the report for review at a public venue. A

public meeting will also be held after the Draft Scoping Report is released to discuss the

contents of the document. I&APs can then submit further written comments via post, e-mail

or fax.

A list of IAPS was developed during previous authorization process for Aviemore, specifically

MR 301 where landowners were identified through the acquisition of title deeds. The same

list was used and updated for this project with the full list presented in Table 2.1 below.



Table 2.1 Identified I&APs

Name/ Initial Surname Organisation Telephone E-Mail Postal Bid Notification

Wankie Joubert Seelandkop Farm 0848191266 [email protected]

P.O. Box 16 Dundee Registered Mail

Mike Holliday Joylands Farm (Cleveland) 0824670988 [email protected]

E-Mail 15 October 2015

Shaun De Jager Lanysaan/Clipsham 0342123674 [email protected] E-Mail 15 October 2015

Ido Schroeder Morgenstond 0342123726 [email protected] E-Mail 15 October 2015

Toger Haupt Avoca Farm 0343122051 [email protected] E-Mail 15 October 2015

Sibuyiselo Mthembu Craigside Community 0713614144 P.O Box 577 Dundee Registered Mail

H Van Niekerk Rusplaas 0342181697

Coenraad Torlage Aviemore Trust

837026096 [email protected]

E-Mail 15 October 2015

Edgar Rudolph Torlage Morristein (Forfar No 4473) 0845607846 [email protected] E-Mail 15 October 2015

G.K Engelbrecht Linor Trust (gordons Luck 12072) 0342121697 PO Box 1886 Dundee Registered Mail

Philip Caldecott Craigside (Portion 93) 0826559737 PO Box 1290 Dundee Registered Mail

Toger Willie Haupt Craigside (Portion 67) 0825679091 P.O.Box 1853 Dundee Registered Mail

G. Slater Craigside and Stonny Braes 0828025682 P.O. Box 687 Dundee Registered Mail

I.F. Schroeder Morgestond 0342123726 P.O. Box 255 Dundee Registered Mail

A.K Goettsch "Wild Duck Vlei" Farming Woodlands Portion 5 0342123679 PO Box 1884 Dundee Registered Mail

N. De. Jager

Part of Langsaan (Barleda 304cc) 0342123674

P.O. Box 1874 Dundee Registered Mail

J. P. Joubert Seelandkop Farm P.O. Box 16 Dundee Registered Mail

Vernon Emslie

Langsaan/ Bordouax 034 393 1414 (F)

Doug Johnstone Woodlands 8485 08208750479

Elizabeth Violet Pickett

Cleveland 15597, Woodlands 8485 Portion 4 0824752542

[email protected] PO Box 1580 dundee E-Mail 8 October 2015

J Ferreira St Georges 0844910014 PO Box 170 Dundee Registered Mail

L Shawe Davelsfontein 0824941738 PO Box 232 Dundee Registered Mail

L Wiegman 0829279485 PO Box 14 Dundee Registered Mail

G Comins St Cuthbert 0833155520 PO Box 817 Dundee Registered Mail

A Ferreira Impati 0836532145

Joy Millicent Holliday Cleveland 15597 Remainder

Mficeni Mchunu Cleveland 15597 portion 1

mailto:[email protected]












Name/ Initial Surname Organisation Telephone E-Mail Postal Bid Notification

Willie Brits Maree Kelvin Grove Portion 1

Doug Johnstone

Kelvin Grove Portion 2,3,5 Woodlands remainder0827702846

Ismail Desai Wild Duck Vlei Portion 1

Abdool Karrim Wild Duck Vlei Remainder

Anton Ferreira Woodlands 8485 Portion 2 [email protected] E-Mail

Elizabeth Pickett Woodlands 8485 Portion 4 0824752542

[email protected] PO Box 1580 Dundee E-Mail 8 October 2015

2.2 Authorities Consultation

A list of authorities and municipalities which have been included in the consultation are outlined in the table below. The documents which will be

forwarded to the authorities for comment include the Draft Scoping Report and Draft Impact Assessment Report.

Table 2.2 Authorities and Municipal Consultation

Name Surname Organisation Telephone Mobile E-Mail Postal

Karoon Moodley DMR 031 335 9600 082 857 5803 [email protected] Private Bag X 54307, Durban, 4000

Gerald Willissmith DAEARD [email protected]

Colleen Moonsamy DWA 031 336 2846 082 808 0208 [email protected]

Sharmain Moodley Umzinyathi Municipality 034 219 1554 079 693 5359 [email protected]

Dominic Weiners EKZNW 033 845 1544 [email protected] P O Box 13053, Cascades 3202

Caroline Jacobe Endumeni Local Municipality 034 212 2121 [email protected]

Weziwe Tshabalala Amafa 033 394 6543 [email protected] PO Box 2685, Pietermaritzburg, 3200

Mboneni Nene Dannhauser Local Municipality 034 621 2666 083 332 8243 [email protected] Private Bag x1011, Dannhauser, 3080

Nothile Mthimkhulu Amajuba District Municipality 034 329 7323 082 908 5764 [email protected] Private Bag 6615, Newcastle 2940

Peter Woolf Department of Human Settlements

0313365145 0712980210 [email protected] Pravate Bag X54367, Durban ,4000















2.3 Comments and Response Report

The comments received from I&APS have been as follows.

Table 2.3 Issues and Trails report Name Surname Issue Date Response Date

Elizabeth Violet

Pickett Concerned about borehole water, cracks in house and subsidence. Wants water quality data for boreholes on property.

08-Oct-15 Advised telephonically that issues had been recorded. When hydrocensus data becomes available will make available.

08-Oct-15

Webber Wentzel

Letter from Attorneys requesting more information on application.

20-Oct-15 Advise email of receipt, provided information on environmental application. Forward layout and copy of environmental authorisation application.

02-Nov-15

3 WAY FORWARD

A Draft Scoping Report will be made available to all I&APS. The availability of the Scoping Report will

coincide with a public meeting which will be held shortly after the report is released. The availability

of the Scoping Report and public meeting has been delayed to await the outcome of court rulings

regarding adjacent operations at Aviemore.

An extension to the date of submission of the Final EIA will be sought in line with the National

Environmental Management Act (NEMA) regulations to ensure all consultation is done with sufficient

time for I&APS to comment on the proposed project.

4 CONCLUSION

The public participation process currently in progress is being undertaken in accordance with the

NEMA 2015 EIA Regulations whereby Interested & Affected Parties have been identified and notified

by BID, email and letters of the Aviemore 10064 Mining Right Application. I&APs will also be given an

opportunity to review and comment on the Draft Scoping and EIA Reports as they become available.

I&APs will also be continuously informed of the progress of the application.



APPENDIX A ACCEPTANCE OF APPLICATION



APPENDIX B BACKGROUND INFORMATION DOCUMENT

1.

Purpose of this Document

The purpose of this document is to provide all interested and affected parties (I&APs)

with information about the Aviemore Mining Right Application MR10064 and to

introduce and explain the Environmental Authorisation process. It also aims to explain

the public participation process that is prescribed by the National Environmental

Management Act, 1998 (Act No. 107 of 1998) (NEMA) which now governs the

Environmental Authorisation Process for Mining Applications. All I&AP’s may comment

on issues and concerns related to the project.

The Aviemore Coal Project area is located along the

northern and eastern flanks of the Impati Mountain,

approximately 4 to 8 km north-northwest of the town

of Dundee, in the northern parts of KwaZulu-Natal

Province. The site is situated in the V32E quaternary

catchment, within the Thukela Water Management

Area (DWA, 2010).

The proposed site is situated on the following farm

portions:

• Woodlands No 8485 (Remainder, Portion 2,4,5)

• Cleveland No 15597 (Remainder, Portion 1,2)

• Kelvin Gove No 4474 (Portion 1,2,3,5)

• Impati 10260 (Remainder)

• Wild Duck Vlei No 7871 (Remainder, Portion 1)

A locality Map is enclosed in this document.

Location of the DevelopmentProject Description

Mining at Aviemore Colliery began in October 2000

under Mining Licence KZN341/2002. This licence

was replaced by a “New order” Mining Right (MR)

KZN 174 MR. Subsequent to the granting of this right

MR 301 was granted in June 2013 for what is

referred to as Phase 1 of Aviemore’s extension.

Zinoju Coal holds prospecting right (PR 258) and has

the intent to convert it into a mining right. This

application is referred to as Aviemore Phase 2 or MR

10064. All resources will be mined through

underground mining operations using the traditional

pillar and board method within its workings. No

additional surface infrastructure will be required

except for the possibility to develop an additional Adit

if required. However it is unlikely that this Adit will be

located within the application area and a separate

authorisation process will be initiated should a new

Adit be needed. Any application will be subjected to

the requirements stipulated under Section 24 of the

National Environmental Management Act (Act 107 of

1998) NEMA which will require relevant specialist

studies as well as public consultation.

Background Information Document for the EIA for

the Aviemore Mining Right 10064

Environmental Impact Assessment

Process

Section 24 of the National Environmental Management Act (Act No. 107 of 1998) (NEMA) requires that

mining activities must obtain an environmental authorization from a relevant authority before commencing

with the activities. Such activities are listed under Regulations Listing Notice 1 Government Notice GNR 983

and Listing Notice 2 GNR 984 (Dated 4 December 2014) of NEMA. In terms of the proposed project, the

Department of Mineral Resources (DMR) is the competent authority for environmental authorization. The

listed activities which are triggered by the proposed project are included under Regulations R984, and as

such require an application for an Environmental Authorization in the form of an Environmental Impact

Assessment (EIA). All activities under Notice 2 GN 984 require a full Scoping and Environmental

Assessment to be conducted.

2 .

EIA Process Flow DiagramNeed and Desirability

Potential Impacts Identified

Specialist Studies

Application to DMR

10 day

Authority

Review

43 days

Authority

Review

107 day

Authority

Review &

Decision

As part of the feasibility study the following

specialist studies will be undertaken:

• Geohydrological Studies

• Hydro Census of existing water users

• Modelling of any potential plumes

• Hydrological Study

• Update of water balance

Acceptance of ApplicationAcceptance of Application from DMR

Advertise EIA Process in Newspaper

Placement of Site Notices

Distribute BID

Scoping Report (SR)Prepare Draft Scoping Report

including the Plan of Study for EIA

Availability of SR for Review and

Comment

DMR to Accept or Refuse

Scoping Report

Commence EIA PhaseSubmit EIA/EMPr for Public Review

Distribute EIA Notification

Specialist Studies

Environmental

Impact Assessment Report

to Authorities (EIR)

DMR to Grant or Refuse

Environmental

Authorisation

44 days

Applicant to

Submit Scoping

Report

Notify I&AP’s of

the SR

availability (30

Day Review).

30 Day I&AP

review EIA/EMPr

Notify I&AP’s of the

Outcome

106 Days Submit

EIA/EMPr

incorporating

comments

The Project will extend Aviemore’s Life of

Mine to 30 Years. The extended operation

will enable Zinoju to extend commitments in

its Social and Labour plan for the duration of

the mine. Aviemore colliery produces

Anthracite which can be used in the

metallurgical industry. The continued

production of Anthracite is required by

smelters within South Africa.

This application will focus on the area outlined

in MR10064. No additional surface infrastructure

is required for mining operations to commence

within this area. Potential impacts will be limited

to subterranean infrastructure most notably

geohydrological impacts. An additional Adit may

be required, should this be the case a separate

application will be lodged with appropriate

specialist studies and public consultation

conducted.

3.

Copies of the Draft SR when completed

will be made available at the Dundee

Library and on the GCS website

(www.gcs-sa.biz).

STEP 3: Final Scoping Report

Include comments received from I&APs

during the review process in the

compilation of the Final Scoping Report

(Final SR) before it is submitted to the

DMR for a decision.

Notify registered I&APs of the submission

of the Final SR to the DMR.

STEP 4: I&AP Review of Draft EIR & EMP

Notify all registered I&APs on the project

database of the release of a Draft EIR for

a 30 day review period.

Copies of the report will be made

available on the GCS website (www.gcs-

sa.biz)

STEP 5: Final EIR and Draft EMP

Include comments received from I&APs

during the review process in the

compilation of the Final EIR before it is

submitted to the DMR.

Notify registered I&APs of the submission

of the final EIR to the DMR.

Notify all I&APs of the DMR decision and

the appeal process.

The public participation process is an integral

part of the EIA process, and continues

throughout the EIA process. The key

objective of public participation during an EIA

is to assist stakeholders to identify issues of

concern and proposed suggestions for

enhanced benefits. Steps in, and scheduling

of, the process are as follows:

STEP 1: Notify I&APs and Identify Issues

Notify I&APs of the proposed project.

Identify any issues / concerns of I&APs.

Provide I&APs with Background

Information Documents (BID) on the

Project, including a locality map.

Request I&APs to register their interests

in the project to receive further project

information.

Coordinate an open day to allow I&APs to

obtain additional information and discuss

their issues with the project team.

STEP 2: I&AP Review of Draft Scoping

Report

Prepare a comments and response report

which includes issues and concern raised

by I&APs for inclusion in the Draft Scoping

Report (Draft SR).

Notify all registered I&APs on the project

database of the release of the Draft SR for

a 30 day comment period.

Public Participation Process (PPP)

I&AP’s may forward their written comments along with their name, organization, contact details

and an indication of any direct business, financial, personal or other interest which they have in the

application by post, fax or email to:

Environmental Assessment Practitioner: GCS (PTY ) LTD

Mr Christopher Wright

Tel: 0317647130

Fax: 031 764 7140

Email: [email protected]

PO BOX

819

Gillitts

3603

An I&AP comment form is included in this document.

http://www.gcs-sa.biz/

http://www.gcs-sa.biz/

4.

Locality Map

Comments/Response FormEnvironmental Authorisation for Aviemore Colliery MR 10064, Dundee Kwazulu-Natal

Stakeholder Registration/Comment Form

Date

Full Name

Organisation and Role

Postal Address

Postal Code

Work/Day Tel Work/Day Fax No

Cell Phone No. E-Mail Address

I would like to receive further information and notifications during this process and request

that you please register me on your database as an interested and affected party.Yes

No

Please give us your comments on the environmental Authorisation for Aviemore MR 10064 and any issues or

concerns you may have which you think should be considered during the combined Scoping and Environmental

Impact Assessment Process.

Please clearly state any interest (business, financial, personal or other) you may have in the proposed projects

and/or the applications for Environmental Authorisation

Please provide details of any other individuals or organisations that should be registered as I&APs



APPENDIX C NEWSPAPER ADVERTISMENT



APPENDIX D REGISTERED LETTERS

Aviemore 10064 Mining Right Application Public Participation … · 2017-08-10 · Webber Wentzel...

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