Proposed Wolseley Wind Energy Facility: Motivation for...

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Proposed Wolseley Wind Energy Facility:

Motivation for Amendment of Environmental

Authorisation

Submitted by:

Lithon Project Consultants

Windhoek Office:

PO Box 40902

Ausspannplatz

Windhoek, Namibia

Tel: +264 61 250 278

Fax: +264 61 250 279

Cape Town Office:

Gound Floor

Liesbeeck House, River Park

Cape Town, South Africa

Tel: +27 21 6805209

Fax: +27 21 6805011

Johannesburg Office:

8 Greenstone Place

Stoneridge Office Park

Greenstone, Edenvale

Johannesburg, South Africa

Tel: +27 11 2012029

Fax: +27 11 2012001

SAGIT Energy Ventures (Pty) Ltd

The Oval, Newlands

P.O. Box 44721, Claremont

Western Cape, South Africa

i

Approval and Review Sheet

Client: SAGIT Energy Ventures (Pty) Ltd

Project: P5015

Document Number: 001

Status of Report: Draft

Distribution Date: 12 May 2015

Signed on behalf of: Lithon Project Consultants (Pty) Ltd

Prepared by:

Technical Executive

Lithon Project Consultants

Reviewed by:

SAGIT Energy Ventures

Accepted by:

Director

SAGIT Energy Ventures

Jaana-Maria Ball

Kasper van Rooyen

Mich Niewoudt

Date: 07/05/2015

Date: 08/05/2015

Date:08/05/2015

ii

TABLE OF CONTENTS

1. Introduction ..................................................................................................................... 5

1.1 Background .............................................................................................................................. 5

1.2 Proposed Amendment Application Process ............................................................................... 5

1.3 Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists................ 7

1.4 Purpose of the Report ............................................................................................................... 8

2. Legislative Changes .......................................................................................................... 9

3. Findings of the Assessment and Motivation for Amendment ........................................... 21

4. Public Participation and Authority Consultation Process ................................................. 24

5. Conclusion and Recommendations ................................................................................. 25

6. Way Forward ................................................................................................................. 26

4

List of Tables

Table 1: Comparison of 2010 and 2014 EIA Regulation’s Listed Activities

Table 2: Full Text of Relevant 2010 and 2014 Listed Activities

List of Appendices

Appendix A: Amendment Application (as submitted on 01 December 2014)

Appendix B: Correspondence with the Relevant Authority: The Department of Environmental Affairs and

Development Planning

Appendix C: Curriculum Vitae of the Environmental Assessment Practitioner

Appendix D: Avi-fauna – Assessment Report from Mr. Chris van Rooyen of Chris van Rooyen Consulting

Appendix E: Bats – Assessment Report from Mr. Werner Marais of Animalia

Appendix F: Visual – Assessment Report from Mr. Alan Cave of Cave Klapwijk and Associates

List of Acronyms cm Centimetre

CRR Comment and Response Report

dBA Decibel Audio

DEADP Department of Environmental Affairs and Development Planning

EA Environmental Authorisation

EAP Environmental Assessment Practitioner

EAPAN Environmental Assessment Practitioner’s Association of Namibia

EIA Environmental Impact Assessment

EIR Environmental Impact Report

EMPr Environmental Management Programme

EMP Environmental Management Plan

GN Government Notice

I&AP Interested and Affected Party

km Kilometre

Lithon Lithon Project Consultants (Pty) Ltd

LN Listing Notice

m2 Cubic metre

MW Mega Watts

M Metre

NEMA National Environmental Management Act

PPP Public Participation Process

RE Remainder of Erf

SAAB South African Association of Botanists

SACNASP South African Council for Natural Scientific Professions

SAGIT SAGIT Energy Ventures (Pty) Ltd

SAIEES Southern African Institute of Ecologists and Environmental Scientists

SEA Strategic Environmental Assessment

WEF Wind Energy Facility

5

1. Introduction

1.1 Background

Lithon Project Consultant’s (Lithon) were appointed to undertake an application for amendment of the

Environmental Authorisation (EA), on behalf of SAGIT Energy Ventures (Pty) Ltd (SEV) for the Wolseley

(Reference Number: 16/3/1/5/B5/16/1022/14) Wind Energy Facility (WEF) and its associated infrastructure.

The amendments applied for are documented in the Amendment Application (Appendix A) and are as follows:

Change in wind turbine blade length to a maximum total rotor diameter length of 150 m from blade tip to

blade tip i.e. each blade is a maximum of 72 m in length with the nacelle being 6 m across

Change in hub height to a maximum of < 120 m hub height

Removal of the total Mega Watts (MWs) expected to be generated per turbine from the original EA.

Turbine positions, the WEF footprint and associated infrastructure (on-site substation, underground electricity

cables, access roads, underground transmission line and offsite control centre) will remain the same, as approved

by the Department of Environmental Affairs and Development Planning (DEADP), the Competent Authority, on 11

June 2013 and the subsequent amendments on 29 April 2014.

The EA for the Wolseley WEF proposed for near the town of Wolseley within the Witzenberg Municipality Local

Municipality is based on a number of assumptions, with the primary ones being that a total of thirty wind turbines

will be erected, each generating between 2.5 and 3.6 MW, which will result in the WEF generating between 75 and

108 MW of electricity. The nacelle or hub-height of each turbine was stated as between 90 and 110 m and the

blade length between 40 and 60 m.

Preferred locations for the wind turbines were identified based on identified environmentally sensitive areas and

associated buffer zones, as well as buffer zones with respect to physical infrastructure and optimisation of turbine

performance. The turbine positions were specifically selected to ensure that there were no ‘fatal flaws’ associated

with the proposed development, and to make provision for minor repositioning movements subject to the findings

of the detailed geotechnical studies.

1.2 Proposed Amendment Application Process

The Competent Authority for the Wolseley WEF application is the DEADP, and all correspondence related to this

Amendment Application with the Authority can be reviewed in Appendix B.

The following legislated process was followed with respect to the amendment application:

STEP 1: Submission of the Application for Amendment to the EA and payment of the Application Fee

STEP 2: The Competent Authority has 14-days to acknowledge receipt of the Application for Amendment

STEP 3: The Competent Authority has 30-days to indicate what is required of the Applicant (and it’s appointed

independent Environmental Assessment Practitioner (EAP))

6

STEP 4: The EAP and the technical specialists undertake the assessment and produce an EA Amendment Report

detailing the findings of the assessments and revise the Environmental Management Plan (EMP) (if necessary)

STEP 5: Interested and Affected Parties (I&APs) are informed of the availability of the EA Amendment Report and

the revised EMP in the public domain for a 30-day comment period (21 days but as a precautionary principle

increased to 30 days and run concurrently with STEP 6)

STEP 6: The Amendment Report and the EMP (if revised) are made available to the Organs of State and

Government Commenting Authorities for a 30-day comment period

STEP 7: The comment is received and a Comment and Response Report (CRR) is prepared and the Amendment

Report and EMP (if produced) are revised, if necessary.

STEP 8: The EA Amendment Report (including the CRR) is submitted to the Competent Authority

STEP 9: The Competent Authority makes a decision regarding the Application for Amendment (they have 30 days

to do so)

STEP 10: The Appeal Process commences (this process is only applicable to the amendments and not the

Competent Authority’s original decision)

An increase in the wind turbine blade length and hub height, increases, and changes, the area and height above

ground of the ‘swept area’. This potentially changes the potential impacts associated with avifauna, bats and

potentially the area impacted by shadow flicker and the view shed.

The amendments proposed will not impact the overall footprint of the proposed development nor the footprint

and position of the turbines, and as a consequence it is not anticipated that the heritage resources, terrestrial flora,

wetlands, traffic etc. impacts as predicted in the original Environmental Impact Assessment (EIA) process will

significantly change. As such only avifauna, bat and visual technical specialists were appointed to undertake an

assessment to confirm whether the significance of the predicted impacts would change from that documented in

their original specialist reports prepared as part of the original EIA process and the Final Environmental Impact

Report (EIR).

After discussion with each technical specialist involved it was ascertained that only desktop studies were required

for their assessments. The specialists were subsequently requested to prepare a short report/ letter documenting

the findings of their assessment (refer to Appendices D – F). Based on this, an integrated assessment was made

by the EAP, Ms. Jaana-Maria Ball (see Section 1.3 and her Curriculum Vitae in Appendix C).

7

1.3 Details of the Environmental Assessment Practitioner (EAP) and Technical Specialists

The EAP for the Amendment Application was Ms. Jaana-Maria Ball. She was responsible for the overall

environmental project management, integration assessment, report writing and liaison with the technical

specialists.

Ms. Ball is a professional Project Manager, Environmental Scientist, Ecologist and Botanist.

She is a Technical Executive of Lithon Project Consultants with 20 years’ experience in the

environmental field. She has been the Project Manager/ Director/ Reviewer of over 300

high profile projects in Africa and Advisor to a number of clients both in Africa and

internationally. She previously held the positons of Discipline Leader and Organisational

Manager of GIBB (Pty) Ltd’s Environmental Services, as well as Director: Support Services.

She was the first female Director appointed at GIBB and has served on a number of

professional environmental committees. She specialises in strategic and operational

planning as well as the management of complex Strategic Environmental Assessments (SEAs), Environmental

Impact Assessments (EIAs), Environmental Management Programmes (EMPs), licencing applications, co-

ordination and execution of public involvement processes, environmental auditing and the management of large,

multi-disciplinary project teams. Mega environmental projects managed by Jaana include those for electricity

generation (nuclear, coal, pumped-storage and renewables); electricity transmission and generation; rail, road,

ports, water and aviation infrastructure; mining activities; agricultural activities; industrial, manufacturing and

residential developments etc. She competently led the mega EIAs for South Africa’s strategically important

Nuclear-1, Pebble-bed Modular Reactor and Sischen – Saldanha Oreline Expansion projects. As one of the most

qualified and experienced environmental experts in southern Africa, Jaana has acted as a reviewer of many

complex and controversial EIAs and other environmental projects, and been an advisor to a number of high-profile

clients in Mozambique, Swaziland, Lesotho, Botswana, Nigeria, South Africa and Namibia. Jaana was the Project

Director/ Technical Executive for the original Wolseley and Wolseley WEF Applications for EA.

Ms. Ball is currently registered with the Engineering Council in Zambia, Environmental Assessment Practitioners

Association of Namibia (EAPAN) and a number of professional associations in South Africa (e.g. SAIEES, SAAB,

SACNASP). Jaana’s Curriculum Vitae can be found in Appendix C.

Lithon utilised the same independent technical specialists that undertook the original assessments, namely:

Avi-fauna – Mr. Chris van Rooyen of Chris van Rooyen Consulting

Bats – Mr. Werner Marais of Animalia and

Visual – Mr. Alan Cave of Cave Klapwijk and Associates.

8

1.4 Purpose of the Report

This draft Amendment Report documents the:

EA Amendment Application as submitted

Changes in legislation since the EA was made and its implications on the Amendment Application

Correspondence with the Competent Authority, the DEADP

Motivation for amendment to the original EA

Findings of the individual selected technical specialist assessments as well as the integrated

assessment undertaken on the expected impacts arising from the proposed amendments to the

original application for EA

Recommendations for implementation.

This draft Report will be placed in the public domain for comment by I&APs and Organs of State, and

thereafter revised (if required) and submitted to the Competent Authority.

The Report will be used by the Competent Authority in its decision-making as to whether to approve the

proposed amendments.

9

2. Legislative Changes

Although SEV’s original application for the Wolseley WEF fell under the EIA Regulations 2010 and the applicable

Listing Notices (LN GN 554, 545 and 546), the tables below indicate which of the activities in the newly

promulgated EIA Regulations 2014 would be relevant to the Amendment Application. This was undertaken to

ensure that no new Activities were triggered as well as assist in decision-making by the Competent Authority.

The EIA Regulations GN 982 of 2014 and associated listing notices, namely Listing Notice 1 (GN 983 of 2014),

Listing Notice 2 (GN 984 of 2014) and Listing Notice 3 (GN 985 of 2014) were reviewed.

SAGIT’s original and amended application were for 15 activities listed under GN 554, 545 and 546. Activities

triggered in the EIA Regulation 2014 listing notices, GN 983, 984 and 985, are as follows (15 in total):

Listing Notice 1 GN 983 of 2014: Activity numbers: 11, 12, 14, 19, 24, 31, 48 and 56

Listing Notice 2 GN 984 of 2014: Activity numbers: 1, 4 and 9

Listing Notice 3 GN 985 of 2014: Activity number numbers: 4, 10, 12 and 18

Table 1 indicates which activities are triggered in terms of the three new listing notices. Where activities listed

in the 2014 notices are comparable with activities listed in the 2010 notices, they have been placed in the same

row in the table. Grey blocks indicate where activities have been omitted from the 2010 listing notices or new

activities in the 2014 listing notices. Their relevance to the proposed project and its current amendment

application is outlined. Table 2 presents the full description of the activities as they appear in the listing notices

of the EIA Regulations of 2010 and 2014.

10

TABLE 1: COMPARISON OF 2010 AND 2014 EIA REGULATION’S LISTED ACTIVITIES

GN 544

2010 Activity

number

GN 983

2014

Activity

number

The new trigger and what has changed Trigger relevance

10 11

The wording has slightly changed with no

material effect on the meaning.

The proposed project entails the development

of facilities or infrastructure for the

transmission and distribution of electricity.

11 12

Development of canals, channels, weirs,

stormwater outlets, or infrastructure, within 32 m

of watercourse.

This activity remains largely unchanged from

Activity number 11 of the EIA Regulations 2010,

however the thresholds have been stated for

some items and in some cases increased, and

urban areas and where such development occurs

within existing roads or roads reserves are

exempt.

The proposed development will include the

upgrading/ maintenance of existing canals,

channels, weirs, stormwater outlets or other

infrastructure, within 32 m of watercourse, or

the development of new infrastructure. This will

largely be within existing roads or road

reserves.

13 14

The wording has slightly changed with no

material effect on the meaning.

The proposed project includes the

development of facilities or infrastructure for

the storage and handling of dangerous good,

where such storage occurs in containers with

a combined capacity of more than 80 m2 or

more but not exceeding 500 m2.

18 19

Infilling (>5 m3) with any material, or removal (>5

m3) of sand, soil, rock etc. from watercourse or

within 100 m from High Water Mark. The Activity

is unchanged.

The proposed project may involve the infilling

and/ or removal of more than 5 m3 of material.

22 24

The development of a road with a reserve wider

than 13,5 m, or where no reserve exists where

the road is wider than 8 m. The Activity however

excludes roads as described in Activity number

27 of Listing Notice 2 of the EIA Regulations

2014.

The proposed project may include the

construction of roads with reserve reserves

wider than 13,5 m, or where no reserve exists

where the road is wider than 8 m.

27 31

Decommissioning of infrastructure, for any

activities listed in listing notice 1, 2, or 3.

Activity 31 is a new addition to the 2014 listing

notices.

This activity would be relevant when

infrastructure developed needs to be removed.

39 48

Expansion of canals, channels, bridges, dams,

weirs, bulk stormwater outlets, and marinas, by

more than 100 m2, if within 32 m of watercourse.

The key difference between 544(39) and 983(48)

is that the latter has a threshold of 100 m2

applied, whereas no threshold was previously

applied. Also, these expansions are exempt if

undertaken in urban areas or road reserves.

The proposed project may entail the expansion

of canals, channels, bridges, dams, weirs, bulk

stormwater outlets, and marinas, by more than

100 m2, and be located within 32 m of a

watercourse.

47 56 There is no difference in the wording and

intention of the Activities in 544(39) and 983(48).

The proposed project will include the

widening of roads by more than 6 m, or the

11

lengthening of a road by more than 1 km,

where the existing reserve is wider than 13,5

metres or where no reserve exists, where the

existing road is wider than 8 m. The proposed

area for development is outside an urban

area.

GN 545

2010 Activity

number

GN 984

2014

Activity

number

The new trigger and what has changed

Trigger relevance

1 1

The 2010 EIA Regulations were all

encompassing and the 2014 EIA Regulations

limited to renewable energy where electricity

output is 20 megawatts or more. They also

exclude where development of facilities or

infrastructure is for photovoltaic installations and

occurs within an urban area, which is not relevant

to the application or its amendments.

The application is for generation of electricity

from a renewable resource with an expected

output of 20 MW or more.

3 4

The 2014 EIA Regulations includes the handling,

as well as the storage of a dangerous good.

It is the intention that facilities or infrastructure

will be developed for the storage, or storage

and handling of a dangerous good. Storage will

likely occur in containers with a combined

capacity of more than 500 m2.

8 9

The wording has been slightly altered in the 2014

EIA Regulations compared to that of the 2010

EIA Regulations. There is no material difference

in the meaning and interpretation thereof.

The application includes the development of

facilities or infrastructure for the transmission

and distribution of electricity with a capacity of

275 kV or more. The proposed site is outside

an urban area.

GN 546

2010 Activity

number

GN 985

2014

Activity

number

The new trigger and what has changed

Trigger relevance

4 4

The development of a road wider than 4 m with a reserve less than 13,5 m. It applies in a number of new receiving environments e.g. Critical Biodiversity Areas and within 100 m from a watercourse. Key changes to this trigger are:

The inclusion of Biodiversity Areas

Areas outside urban areas and in

particular areas seawards of the

development setback line or within 1

km from the High Water Mark, as well

as areas on the watercourse side of the

development setback line or within 100

The proposed project includes the

development of a road wider than 4 m with a

reserve less than 13,5 m. The proposed area

for development is outside an urban area.

12

m from the edge of a watercourse

where no such setback line has been

determined

10 10

The development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 m2. This is applicable to all areas outside urban areas and specified areas inside urban areas e.g. areas within 100 m from the edge of a watercourse where no such setback line has been determined. There appear to be no material changes to the

meaning and intent of the activity.

The proposed project will entail the

development of facilities or infrastructure for

the storage, or storage and handling of a

dangerous good, where such storage occurs in

containers with a combined capacity of 30 but

not exceeding 80 m2. The proposed area for

development is outside an urban area.

12 12

Clearing of 300 m2 of indigenous vegetation,

except where needed for maintenance in

accordance with a maintenance plan. This

applies in certain receiving environments e.g.

CBAs.

Key changes to this trigger are:

The requirement that 75% of the

vegetation must be indigenous, no

longer applies. The trigger now refers

to 300 m2 of indigenous vegetation,

irrespective of the degree of alien

infestation.

Areas where the topsoil has been

lawfully disturbed during the preceding

ten years, are also exempt.

When such clearing is for maintenance

purposes, in terms a maintenance

plan, it is exempt. This is a new

addition and was not included in GN

544(12).

The proposed project may require the clearing

of 300 m2 indigenous vegetation.

19 18

The widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. This applies in certain receiving environments outside urban areas which contain indigenous vegetation, amongst other areas, as well as within urban areas zoned for conservation use or designated for conservation use in Spatial Development Frameworks.

The proposed project includes the widening of a road by more than 4 m, or the lengthening of a road by more than 1 km. The proposed area for development is outside the urban area.

13

Key changes to this trigger is the exclusion of areas zoned for public open space within urban areas.

14

TABLE 2: FULL TEXT OF RELEVANT 2010 AND 2014 LISTED ACTIVITIES

GN 544

2010

Activity

number

Description

GN 983

2014

Activity

number

Description

10

The construction of facilities or infrastructure for the

transmission and distribution of electricity –

(i) Outside urban areas or industrial

complexes with a capacity of more

than 33 but less than 275 kilovolts; or

(ii) Inside urban areas or industrial

complexes with a capacity of 275

kilovolts or more;

11

The development of facilities or infrastructure for the

transmission and distribution of electricity –

(i) Outside urban areas or industrial

complexes with a capacity of more than 33

but less than 275 kilovolts; or

(ii) Inside urban areas or industrial complexes

with a capacity of 275 kilovolts or more;

11

The construction of:

(i) canals;

(ii) channels;

(iii) bridges;

(iv) dams;

(v) weirs;

(vi) bulk storm water outlet structures;

(vii) marinas;

(viii) jetties exceeding 50 square metres in

size;

(ix) slipways exceeding 50 square metres in

size;

(x) buildings exceeding 50 square metres in

size; or

(xi) infrastructure or structures covering 50

square metres or more

where such construction occurs within a

watercourse or within 32 metres of a

watercourse, measured from the edge of

a watercourse, excluding where such

construction will occur behind the

development setback line.

12

The development of

(i) Canals exceeding 100 square meters in size.

(ii) Channels exceeding 100 square meters in size.

(iii) Bridges exceeding 100 square meters in size.

(iv) Dams where the dam, including dam infrastructure

and water surface area exceeds, 100 square meters

in size.

(v) Weirs where the weir, including weir infrastructure

and water surface area exceeds, 100 square meters

in size.

(vi) Bulk stormwater outlets exceeding 100 square

meters in size.

(vii) Marinas exceeding 100 square meters in size.

(viii) Jetties exceeding 100 square meters in size.

(ix) Slipways exceeding 100 square meters in size.

(x) Buildings exceeding 100 square meters in size.

(xi) Boardwalks exceeding 100 square meters in size.

(xii) Infrastructure exceeding 100 square meters in size.

Where such development occurs:

a) within a watercourse

b) in front of the development setback line

c) if no development setback line exists, within 32

metres of a watercourse, measured from the edge of

a watercourse.

13


storage, or for the storage and handling, of

dangerous good, where such storage occurs in

containers with a combined capacity of 80 but not

exceeding 500 cubic metres.

14

The development of facilities or infrastructure, for the

storage, or for the storage and handling, of a dangerous

good, where such storage occurs in containers with a

combined capacity of 80 cubic metres or more but not

exceeding 500 cubic metres.

15

18

The infilling or depositing of any material of more

than 5 cubic metres into, or the dredging,

excavation, removal or moving of soil, sand, shells,

shell grit, pebbles or rock of more than 5 cubic

metres from:

(i) a watercourse,

(ii) the sea,

(iii) seashore,

(iv) the littoral active zone, an estuary or a

distance of 100 metres inland of the high

water mark of the sea or an estuary,

whichever distance is the greater –

but excluding where such infilling, depositing,

dredging, excavation, removal or moving (a) is for

maintenance purposes undertaken in accordance

with a management plan agreed to by the relevant

authority, or (b) occurs behind the development

setback line.

19

The infilling or depositing of any material of more than 5

cubic metres into, or the dredging, excavation, removal or

moving of soil, sand, shells, shell grit, pebbles or rock of

more than 5 cubic metres from:

(i) a watercourse

(ii) the seashore,

(iii) the littoral active zone, an estuary or a distance

of 100 metres inland of the high water mark of

the sea or an estuary, whichever distance is the

greater –

but excluding where such infilling, depositing, dredging,

excavation, removal or moving

(a) will occur behind the development setback

(b) will occur for maintenance purposes undertaken in

accordance with a management plan agreed to by the

relevant authority, or

(c) falls within the ambit of activity 21 in this notice, in which

case that activity applies.

22

The construction of a road, outside urban areas,

(i) with a reserve wider than 13,5 metres or,

(ii) where no reserve exists where the road is

wider than 8 metres, or

(iii) for which an environmental authorisation

was obtained for the route determination

in terms of activity 5 in Government

Notice 387 of 2006 or activity 18 in Notice

544 of 2010.

24

The development of-

(i) a road for which an environmental

authorisation was obtained for the route

determination in terms of activity 5 in the

Government Notice 387 of 2006 or activity

18 in Government Notice 545 of 2010; or

(ii) a road with a reserve wider than 13,5

metres, or where no reserve exists where

the road is wider than 8 metres;

but excluding-

(a) roads which are identified and included in

activity 27 in Listing Notice 2 of 2014; or

(b) roads where the entire road falls within an

urban area.

27

The decommissioning of existing facilities or

infrastructure, for –

(i) electricity generation with a threshold of

more than 10MW;

(ii) electricity transmission and distribution

with a threshold of more than 132kV;

(iii) nuclear reactors and storage of nuclear

fuel;

(iv) activities, where the facility or the land on

which it is located is contaminated;

31

The decommissioning of existing facilities, structures or

infrastructure for-

(i) any development and related operation activity or

activities listed in this Notice, Listing Notice 2 of 2014 or

Listing Notice 3 of 2014;

(ii) any expansion and related operation activity or



(iii) any development and related operation activity or

activities and expansion and related operation activity or



(iv) any phased activity or activities for development and

related operation activity or expansion or related operation

activities listed in this Notice or Listing Notice 3 of 2014; or

(v) any activity regardless the time the activity was

commenced with, where such activity: (a) is similarly listed

16

(v) storage, or storage and handling, of

dangerous goods of more than 80 cubic

metres;

but excluding any facilities or infrastructure that

commenced under an environmental authorisation

issued in terms of the Environmental Impact

Assessment Regulations, 2006 made under 24(5) of

the Act and published in Government Notice No. R.

385 of 2006, or Notice No. 543 2010.

to an activity in (i), (ii), (iii), or (iv) above; and (b) is still in

operation or development is still in progress;

excluding where-

(aa) activity 22 of this notice applies; or

(bb) the decommissioning is covered by part 8 of the

National Environmental Management: Waste Act, 2008

(Act No. 59 of 2008) in which case the National

Environmental Management: Waste Act, 2008 applies.??

39

The expansion of

(i) canals;

(ii) channels;

(iii) bridges;

(iv) weirs;

(v) bulk storm water outlet structures;

(vi) marinas;

within a watercourse or within 32 metres of a

watercourse, measured from the edge of a

watercourse, where such expansion will result in

an increased development footprint but excluding

where such expansion will occur behind the

development setback line.

48

The expansion of- .

(i) canals where the canal is expanded by 100 square

metres or more in size ;

(ii) channels where the channel is expanded by 100

square metres or more in size ;

(iii) bridges where the bridge is expanded by 100 square

metres or more in size;

(iv) dams, where the dam, including infrastructure and

water surface area, is expanded by 100 square metres or

more in size;

(v) weirs, where the weir, including infrastructure and

water surface area, is expanded by 100 square metres or

more in size;

(vi) bulk storm water outlet structures where the bulk

storm water outlet structure is expanded by 100 square

metres or more in size; or

(vii) marinas where the marina is expanded by 100

square metres or more in size;

where such expansion or expansion and related

operation occurs-

(a) within a watercourse;

(b) in front of a development setback; or

(c) if no development setback exists, within 32 metres of

a watercourse, measured from the edge of a

watercourse; excluding-

(aa) the expansion of infrastructure or structures within

existing ports or harbours that will not increase the

development footprint of the port or harbour;

(bb) where such expansion activities are related to the

development of a port or harbour, in which case activity

26 in Listing Notice 2 of 2014 applies;

(cc) activities listed in activity 14 in Listing Notice 2 of

2014 or activity 14 in Listing Notice 3 of 2014, in which

case that activity applies;

(dd) where such expansion occurs within an urban area;

or

(ee) where such expansion occurs within existing roads

or road reserves.

47

The widening of a road by more than 6 metres, or

the lengthening of a road by more than 1 kilometre

–

56

The widening of a road by more than 6 metres, or the

lengthening of a road by more than 1 kilometre –

17

(i) where the existing reserve is wider

than 13,5 metres; or

(ii) where no reserve exists, where the

existing road is wider than 8 metres –

excluding widening or lengthening occurring inside

urban areas.

(iii) where the existing reserve is wider than

13,5 metres; or

(iv) where no reserve exists, where the existing

road is wider than 8 metres –

excluding widening or lengthening occurring inside

urban areas.

18

GN 545

2010

Activity

number

Description

GN 984

2014

Activity

number

Description

1 The construction of facilities or infrastructure for the

generation of electricity where the electricity output

is 20 megawatts or more. 1


generation of electricity from a renewable resource where

the electricity output is 20 megawatts or more, excluding

where such development of facilities or infrastructure is for

photovoltaic installations and occurs within an urban area.


storage of a dangerous good, where such storage

occurs in containers with a combined capacity of

more than 500 cubic metres.

4

The development of facilities or infrastructure, for the

storage, or storage and handling of a dangerous good,

where such storage occurs in containers with a combined

capacity of more than 500 cubic metres.


transmission and distribution of electricity with a

capacity of 275 kilovolts or more, outside an urban

area or industrial complex.

9


transmission and distribution of electricity with a capacity

of 275 kilovolts or more, outside an urban area or industrial

complex.

GN 546

2010

Activity

number

Description

GN 985

2014

Activity

number

Description

4

The construction of a road wider than 4 metres with

a reserve less than 13,5 metres

- Geographical areas in the Western Cape province

to which this activity is applicable includes:

(d) i. In an estuary

ii. In urban areas;

(aa) Areas zoned for use as public open space

within urban areas; and

(bb) Areas designated for conservation use in

Spatial Development Frameworks adopted by the

competent authority, or zoned for conservation

purpose;

4

The development of a road wider than 4 metres with a reserve less than 13,5 metres (h) In Western Cape: i. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; ii. Outside urban areas, in: (aa) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or (cc) Areas on the estuary side of the development setback line or within an estuarine functional zone where no such setback line has been determined.

10


storage of a dangerous good, where such storage

occurs in containers with a combined capacity of

between 30 and not exceeding 80 cubic metres.




ii. All areas outside urban areas;

i. Inside urban areas

10

The development of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of 30 but not exceeding 80 cubic metres. (g) In Western Cape: i. All areas outside urban areas; or ii. Inside urban areas: (aa) Areas seawards of the development setback line or within 200 metres from the high-water mark of the sea if no such development setback line is determined; (bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined; or

19

(aa) Areas seawards of the development setback

line or within 200 metres from the high-water mark

of the sea if no such development setback line is

determined;

(bb) Areas on the watercourse side of the

development setback line or within 100 metres from

the edge of a watercourse where no such setback

line has been determined;

(cc) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.

12

The clearance of an area of 300 square metres or

more of vegetation where 75% or more of the

vegetative cover constitutes indigenous vegetation:

a) Within any critically endangered or

endangered ecosystem listed in

terms of section 52 of the NEMBA or

prior to the publication of such a list,

within an area that has been

identified as critically endangered in

the national Spatial Biodiversity

Assessment 2004;

b) Within critical biodiversity areas

identified in bioregional plans;

c) Within littoral active zone or 100

meters inland from high water mark

of the sea or an estuary, whichever

distance is the greater, excluding

where such removal will occur

behind the development setback line

on erven in urban areas.

12

The clearance of an area of 300 square metres or more of

indigenous vegetation except where such clearance is

required for maintenance purposes undertaken in

accordance with a maintenance management plan.

a) In Western Cape

i. Within any critically endangered or endangered

ecosystem listed in terms of section 52 of the

NEMBA or prior to the publication of such a list,

within an area that has been identified as

critically endangered in the national Spatial

Biodiversity Assessment 2004;

ii. Within critical biodiversity areas identified in

bioregional plans;

iii. Within littoral active zone or 100 meters inland

from high water mark of the sea or an estuary,

whichever distance is the greater, excluding

where such removal will occur behind the

development setback line on erven in urban

areas.

iv. On land, where, at the time of the coming into

effect of this Notice or thereafter such land was

zoned open space, conservation or had an

equivalent zoning.

19

The widening of a road by more than 4 metres, or

the lengthening of a road by more than 1 kilometre.




ii. All areas outside urban areas;

v. Inside urban areas

(aa) Areas zoned for public open space within urban

areas; and

18

The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre. (f) In Western Cape: All areas outside urban areas: (aa) Areas containing indigenous vegetation; (bb) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined; or ii. In urban areas: (aa) Areas zoned for conservation use; or (bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority.

20

(bb) Areas designated for conservation use in

Spatial Development Frameworks adapted by the

competent authority, or zoned for conservation

purpose, within urban areas.

It is concluded that for the Amendment Application for the proposed Wolseley WEF that all activities triggered

under the EIA Regulations 2014 and its Listing Notices have been fully assessed in the EIA process previously

undertaken, and as documented in the final EIR, and as previously authorised under the NEMA and the EIA

Regulations 2010 and its Listing Notices.

21

3. Findings of the Assessment and Motivation for Amendment

The proposed WEF, and its associated infrastructure, was authorised by the DEADP on 11 June 2013 and

subsequent amendments on 29 April 2014.

The proposed project as described in the EA is requested to be amended as described in Section 1.1 above. The

amendment relates to a change in turbine specifications (generating capacity, height and rotor diameter), as well

as the administrative change involving the elimination of the maximum MW produced per turbine in the EA. The

number of turbines to be installed and the layout will be the same as that assessed in the original EIA and as

authorised.

The potential impacts associated with the change in turbine specifications are discussed in below, and compared

to the extent of each impact as identified through the original EIA process.

The site is located south of Wolseley in the Witzenberg Municipality of the Western Cape. The project is proposed

on the following farms:

Farm Romans Rivier RE/320

Farm Romans Rivier No. 22/320

Farm De Liefde C RE/334

Farm De Liefde C No. 5/334

Farm De Liefde RE/6/323

Farm Kleineberg No. 64/208

Farm Vaalvlei RE/324

Farm Kleineberg RE/21/208 (Farms name is “Tevrede” which is a subdivision of Kleineberg 208)

Farm De Liefde No. 7/323 (Portion 7 is a portion of Portion 6 of De Liefde 323)

After due consideration of the proposed development, associated impacts identified and assessed by the

technical specialists during the EIA process, and the inputs from the local community, the EAP concluded, during

the original EIA process, that the positive impact of producing renewable energy for South Africans outweighs any

of the potential negative impacts. The EAP, however, recommended that negative impacts should, however be

mitigated as far as possible by adhering to the mitigation measures and management actions contained within the

draft Environmental Management Plan (EMP) submitted and approved.

22

The following environmental sensitivities and potential impacts were identified during the original EIA process

for the operational phase of the proposed WEF and its associated infrastructure with mitigation measures applied:

Visual impacts – Medium to Low negative

Impacts on avifauna – Low negative

Impacts on bats – Medium negative

Noise impacts – Low negative

It was concluded in the final EIR that the potential positive impacts identified for the construction phase

outweighed the negative impacts. This was concluded when weighing up the fact that the permanent operational

footprint is small and that all the negative biophysical impacts could be adequately mitigated, juxtaposed with fact

that that the area has a pressing need for economic upliftment and employment.

Understanding the nature and extent of the proposed amendment to the turbine specifications, and the fact that

there will be no change in layout assessed within the original EIA process, the potential for the change in the

significance of the impact as assessed in the original EIA for the following is required and has been assessed and

evaluated for:

Impacts to the avifauna

Impacts to bats

Visual impacts

The potential for change in the significance of impacts is discussed below, and detailed in the specialist reports/

letters attached in Appendices D – F:

Avifauna impacts (Appendix D): The proposed changes to the turbine dimensions do not materially

change the findings and recommendations of the Bird Impact Assessment Study which was

completed in February 2013 (for the original EIA process), or the final avifaunal pre-construction

monitoring report which was subsequently completed in August 2013. The mitigation measures

proposed within the original Avifauna Impact Assessment therefore still apply with no additional

mitigation measures/ management actions suggested.

Bat impacts (Appendix E): The proposed amendments in turbine specifications may be significant

to the impacts on bats due to the fact that an increased rotor diameter increases the airspace in which

bat mortality may occur. The lowest height of the blades above the ground has slightly decreased

resulting in less ground clearance. Additionally, the highest point of the blades has increased. With

regards to utilizing turbines with a lower blade ground clearance, a negative correlation was found

between bat activity and height from the ground (higher microphones detected less bat activity than

lower microphones). Thus the risk of impacts on species of concern may increase with a lower blade

ground clearance.

Turbines numbered 4, 5, 11, 13, 28 and 29 are located directly on or near the border of high bat

sensitivity buffers. Should there be an increase in the eventual turbine size selected, it will result in

an encroachment on these high sensitivity buffers. Therefore it is recommended, in the case where a

larger turbine is selected, that the current turbine layout be amended and the above mentioned

23

turbines foundation localities be moved at least 30 m further away from the high sensitivity buffer

zones. If this is not possible these turbines would have to be subjected to a special, more stringent,

mitigation regime, which may require increased wind cut in speeds.

In general across the entire WEF the proposed increase in rotor diameter is expected to result in a

slight increased probability for impact (negative) on bats by the wind turbines. This increased risk

must be accounted for during the design of the operational bat monitoring study. If the results of the

operational bat monitoring study indicate a need for mitigation, mitigations will have to be applied

promptly. Additionally, the mitigation schedule that may be proposed from the operational phase

monitoring results, must consider the increased rotor diameter and thereby may need to be subject

to slight adjustments of parameters. Once the first year of operational monitoring has been

completed, the mitigation may be adjusted further, depending on the data collected.

Visual impacts (Appendix F): The significance of the visual impact change caused by the taller

turbine tower and longer blade, on the landscape and setting relative to those assessed in the original

Visual Impact Report produced for the original EIA process, are medium to low for the increase in

visual intrusion and extent of flicker and low for the effect on the landscape character, sense of place

and visual quality. The conclusion drawn by the visual specialist from the descriptions of visual

impact increase is that the overall significance of the change in height of the tower and the increase

in blade length ranges from medium for visibility within 500 m of a turbine to low for distances well

beyond that distance. The specialist does not recommend and changes to the mitigation measures

originally recommended and contained within the final EIR and draft EMP.

From the above it can be seen that no new potential environmental impacts (negative or positive) of the proposed

changes in turbine specifications have been identified by the technical specialists, except for the bat specialist, as

detailed above. The proposed administrative changes to the EA are merely administrative and will not change the

potential environmental impacts as previously assessed in the EIA process undertaken.

Thus all the potential impacts of constructing, operating and decommissioning the proposed Wolseley WEF and

its associated infrastructure, with turbines of the new specifications, have been identified and assessed and are as

documented in the final EIR dated March 2013, as well as this Report and its Appendices.

No further mitigation measures or management actions have been proposed to avoid or ameliorate any potential

negative impacts, and as such it is recommended that the draft EMP as authorised by the DEA remains unchanged,

and has such has not been revised and appended to this Report.

24

4. Public Participation and Authority Consultation Process

As required by the Competent Authority, a Public Participation Process (PPP), as well as an Authority Consultation

Process is being undertaken (see Appendix B).

The PPP aims to inform all Interested and Affected Parties (I&APs), who were registered in the original PPP, of the

proposed amendments to the EA.

I&APs will also be enlightened as to whether any activities (similarly/ newly listed) listed in GN No. 983, R 984

and 985 of 4 December 2014, are applicable to the Amendment Application. The potential impacts of any new

listed activities that may be triggered in terms of the EIA Regulations 2014 will also be highlighted.

I&APs have been informed in writing of the proposed amendments, and the potential changes to the significance

of predicted impacts and proposed mitigation measures as was documented and communicated in the original

EIA process, and have been given a 30-day period to provide comment thereon. This Comment Period runs from

14 May to 12 June 2015. Written notification of the availability of this Report and the opportunities for comment

have been sent to all I&APs registered during the previous EIA process.

This Report has been made available for review from the start of the Comment Period at:

SAGIT website: http://www.sagitenergy.co.za/

Lithon Office: Ground Floor, Liesbeeck House, River Park, Mowbray (08h00 to 17h00 M-Fri)

SAGIT Office: Second Floor, Oakdale House, The Oval, Claremont (08h00 to 17h00 M-Fri)

Wolseley Public Library, Essel Street, Wolseley (09h00 to 17h00 M-Fri and 09h00 to 12h00 first and last

Sat of the month)

All comments received from I&APs, as well as those received from Organs of State/ Government Departments, will

be included and responded to in a Comments and Response Report (CRR). This CRR will be appended to the final

version of this Amendment Application Report.

25

5. Conclusion and Recommendations

No significant change in visual or bird (avifauna) impacts have been predicted by the specialists to those predicted

in the original EIA process.

As a precaution, and due to a slight increased probability for impact (negative) on bats by the larger wind turbines

it is recommended that the increased risk must be accounted for during the design of the operational bat

monitoring study. If the results of the operational bat monitoring study indicate a need for mitigation, mitigations

will have to be applied promptly. Additionally, the mitigation schedule that may be proposed from the operational

phase monitoring results, must consider the increased rotor diameter and thereby may need to be subject to slight

adjustments of parameters. Once the first year of operational monitoring has been completed, the mitigation may

be adjusted further, depending on the data collected.

It is therefore concluded that the proposed changes to the turbine specifications, as well as the administrative

changes proposed to the EA for the Wolseley WEF and its associated infrastructure will not alter the impact

significance ratings for impacts as assessed in the EIA process previously undertaken, documented, communicated

and authorised.

The significance of the impacts assessed in the original EIA and the management actions/ mitigation measures

proposed therefore remains unchanged. In addition, there are no new impacts identified as a result of the

proposed amendments and the EIA Regulations 2014 and its Listed Activities.

SAGIT Energy Ventures (Pty) Ltd formally requests that the wording within the authorisation in terms of the

project description be amended to accommodate this change to turbine specification and the elimination of the

MW produced per turbine. This request is made in terms of Condition 6 of the EA and Regulation 39(1) of the EIA

Regulations 2010.

26

6. Way Forward

Interested and Affected Parties within the EIA process are invited to comment on this draft Amendment Report

by 12 June 2015. Comment can be sent to:

Lithon Project Consultants Public Participation Desk

Gound Floor

Liesbeeck House

River Park

Mowbray, Cape Town

Fax: +27 21 6805011

E-mail: [email protected]

Comment received will be used to amend this Amendment Application Report, if required. Copies of the comment

received will be appended to the final Amendment Report submitted to the DEADP for their decision.

The conditions stipulated in the EA issued on 11 June 2013 and subsequently on 29 April 2014 (DEADP Ref:

16/3/1/5/B5/16/1007/14) remain applicable until such time a decision on this Amendment Application is taken

by the DEADP.

Jaana-Maria Ball

Technical Executive: Environmental Services

for LITHON PROJECT CONSULTANTS (PTY) LTD

mailto:[email protected]

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