Annexure F5: BAR Comments Received

SCIENTIFIC SERVICES
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Mr. BA Walton
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14/2/6/1/6/1_BITO/444/19&27_2015/059
14th of September 2015
The Head of Department
Environmental Affairs and Development Planning
Land Management
Private Bag X6509
GEORGE
Tel.: 044 805 8600
6530
Fax: 044 874 2423
[email protected]
Attention: Ms Jessica Christie
BASIC ASSESSMENT APPLICATION FOR ENVIRONMENTAL AUTHORISATION IN
TERMS OF THE NEMA FOR PROPOSED TOWNSHIP DEVELOPMENT BY REZONING
AND SUBDIVISION AT FARM GANSE VALLEI No. 444 PORTIONS 79 AND 27
(PORTION OF PORTION 4) KEURBOOMS RIVER, BITOU MUNICIPAL AREA
DEA&DP # 16/3/1/1/D1/13/0069/14
CapeNature, as custodian of biodiversity in the Western Cape1, would like to
thank you for the opportunity to review the proposed change of land use and
development activities, and wish to make the following comment. The draft Basic
Assessment Report (BAR) with covering letter dated 22 June 2015, concerning the
abovementioned; received per mail from Cape Environmental Assessment
Practitioners (Pty) Ltd by Scientific Services on the 25th of June 2015 refers. The
site visit conducted on the 28th of August 2015 with the Department of
Environmental Affairs & Development Planning and the EAP, refers.
1. Farm Ganse Vallei No. 444 Portions 79 (6.159 ha) and 27 (portion of portion 4;
12.889 ha) are zoned Agriculture Zone I and situated outside the urban area of
Plettenberg Bay and flank the Keurbooms River & Estuary at their eastern
extent (see Figs. 1 and 2); and are less than 1 kilometre from the Keurbooms
1
Section 9, Western Cape Nature Conservation Board Act 15 of 1998
Page 1 of 9
Nature Reserve. The application concerns the proposed rezoning of the
property and subdivision to construct a township development as according to
the proposed site plans (Appendix B), entailing:
1.1. 13 Residential Zone I erven (2.88 ha);
1.2. 15 Residential Zone II units (0.78 ha);
1.3. Retirement units (1.35 ha) and frail care (0.29 ha);
1.4. Road Reserve (1.74 ha);
1.5. Open Space (12 ha).
Figure 1: Showing Farm Ganse Vallei No. 444 Portions 27 and 79 (image courtesy
of Google Earth; dated 2004/01/11).
2. BIOPHYSICAL ENVIRONMENT: Coastal Protection Zone
The subject property falls within the seashore and Coastal Public Property
zone as well as within the Coastal Protection Zone2, i.e. “a continuous strip of
land, starting from the HWM and extending 100 metres inland in developed
urban areas zoned as residential, commercial or public open space; or 1000
metres inland in areas that remain undeveloped or rural areas”. The aim of the
Coastal Protection Zone is to enable management, regulation and restriction
of land use adjacent to coastal public property, or for coastal ecosystem
protection, namely, to:
2
In terms of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)
Page 2 of 9
2.1. protect the ecological integrity, natural character, and the economic, social
and aesthetic value of the neighbouring coastal public property;
2.2. avoid increasing the effect or severity of natural hazards;
2.3. protect people, property and economic activities from the risks and threats
which may arise from dynamic coastal processes such as wave and wind
erosion, coastal storm surges, flooding and sea-level rise;
2.4. maintain the natural functioning of the littoral active zone;
2.5. maintain the productivity of the coastal zone; and
2.6. allow for authorities to perform rescue and clean-up operations.
Access to the jetty and slipway on Portion 4 of Farm Ganse Vallei No. 444 “The
Jetty” is derived via Portions 27 and 79 of Farm Ganse Vallei No. 444.
CapeNature will establish whether a lease i.t.o. Sea Shore Act, 1935 (Act No.
21 of 1935) with the applicant is current.
Figure 2: Showing Farm Showing Farm Ganse Vallei No. 444 Portions 27 and 79
(image courtesy of Google Earth; dated 2013/08/30).
3. The property is within the Outeniqua Sensitive Coastal Area Extension (OSCAE)
boundary, and subject to the Outeniqua Sensitive Coastal Area Extension
Page 3 of 9
The Western Cape Nature Conservation Board trades as CapeNature
Board Members: Prof Gavin Maneveldt (Chairperson), Mr Carl Lotter (Vice Chairperson), Mr Mervyn Burton, Mr Mico Eaton, Prof Francois
Hanekom, Dr Bruce McKenzie, Ms Merle McOmbring-Hodges, Adv Mandla Mdludlu, Mr Danie Nel, Prof Aubrey Redlinghuis, Mr Paul Slack
Regulations list of scheduled activities, for inter alia, “disturbance of
vegetation”; “earthworks”; “dredging” and “dune stabilization” for which
permission is required following or during the LUPO or environmental
authorisation process, as and when agreed to by the relevant authorities.
4. BIOPHYSICAL ENVIRONMENT: VEGETATION
The mapped vegetation units3 occurring at the property, are: hardly protected
Vulnerable Garden Route Shale Fynbos (FFh 9), a threatened ecosystem4 listed
i.t.o. the NEM:BA, containing eight (8) threatened and three (3) endemic plant
species with 4% formally conserved in the north; abutting onto Cape Coastal
Lagoons (W 3). Here unmapped Endangered Western Cape Milkwood Forest
(FOz 6: VI3), protected i.t.o. the National Forest Act, 1998 (Act No. 84 of 1998),
occurs along the eastern extent as stable coastal ecological infrastructure.
The fine-scale vegetation map for the Garden Route Initiative described
vegetation in terms of broad habitat types with associated vegetation variants;
viz. here as chiefly Critically Endangered Sedgefield Coastal Grassland,
abutting onto Vulnerable Wilderness Forest-Thicket; and Garden Route
Estuary.
Most of Portion 27 of Farm Ganse Vallei No. 444 was previously degraded by
brush-cutting of vegetation and stocking with horses having reduced some of
the woody component of recovering fynbos. In terms of the Alien and Invasive
Species Regulations5, 2014, specific alien plant species are either prohibited or
listed as requiring a permit; aside from restricted activities concerning, inter
alia, their spread, and should be removed.
The findings of the vegetation assessment6 were that the property is mostly
covered in a grassy form of fynbos (presumably caused due to previous
periodic brush-cutting and frequent fires); and is mostly of a high sensitivity.
Based on a brief site inspection the diversity of the vegetation increases more
Mucina L & Rutherford MC (eds) (2006) Vegetation of South Africa, Lesotho and Swaziland. Strelitzia 19.
South African National Biodiversity Institute, Pretoria
4 Government Gazette No. 34809, GN No. 1002 (2011) National Environmental Management: Biodiversity
Act, 2004 (Act No. 10 of 2004): National List of Ecosystems that are Threatened and in need of Protection
5 Government Gazette No. 37885, GN No. R. 598 (2014) National Environmental Management: Biodiversity
Act, 2004 (Act No. 10 of 2004) Alien and Invasive Species Regulations, 2014
6 Pote J (2015) Vegetation Assessment of Portions 27 and 19 of Farm 444 Plettenberg Bay (Bitou
Municipality)
3
Page 4 of 9
eastwards and CapeNature considers the remaining fynbos to be valuable and
sensitive, dominated by large restoid beds in part, in a semi undulating
landscape of small crests and swales.
5. SENSITIVE AREAS: FEPAs
The subject area straddles two River Freshwater Ecosystem Priority Areas
(FEPA) and associated sub-quaternary catchment areas draining towards the
Largely Natural Bietou River and Estuary (PES: Class B) and Largely Natural
Keurbooms River and Estuary (PES: Class B), respectively. The eastern extent
of the subject area is within the estuarine functional zone of the Bietou River
and Estuary (see Fig. 3). The implication for management for River FEPAs and
associated sub-quaternary catchments is that surrounding land and smaller
stream networks need to be managed to maintain the current condition of
river reaches; and improve the condition of rivers and rehabilitate rivers to
their former condition where required. Thus ground water and surface
watercourses must not be contaminated by pollutants during the construction
and operational phases of development, and measures placed to prevent
erosion and increased storm water runoff impacting on land and watercourses
elsewhere.
6. SENSITIVE AREAS: CBAs and ESAs
CapeNature will not support further loss of threatened ecosystems, neither
the transformation of identified sensitive areas or untransformed natural
areas; and nor support incompatible land uses for biodiversity conservation
objectives. Selected remaining areas of natural vegetation and habitat have
been designated as either: declared Protected Areas; Critical Biodiversity
Areas7 (CBAs) or Ecological Support Areas (ESAs), as habitat required as part of
the CBA conservation network; in addition to Other Natural Areas. Intact CBAs
and ESAs are required to prevent further degradation of the landscape, and
ecosystem functioning and services by maintaining ecological and hydrological
corridor linkages. Degraded lands within identified sensitive areas have also
been selected to maintain ecological connectivity. Almost the entire Portion
Vromans DC, Maree, KS, Holness S, Job N and Brown AE (2010) The Garden Route Biodiversity Sector Plan
for George, Knysna and Bitou Municipalities: Supporting land-use planning and decision-making in Critical
Biodiversity Areas and Ecological Support Areas for sustainable development. Garden Route Initiative.
SANParks. Knysna
Page 5 of 9
7
The Western Cape Nature Conservation Board trades as CapeNature
Board Members: Prof Gavin Maneveldt (Chairperson), Mr Carl Lotter (Vice Chairperson), Mr Mervyn Burton, Mr Mico Eaton, Prof Francois
Hanekom, Dr Bruce McKenzie, Ms Merle McOmbring-Hodges, Adv Mandla Mdludlu, Mr Danie Nel, Prof Aubrey Redlinghuis, Mr Paul Slack
79 and the south-eastern extent of Portion 27 are within a designated
sensitive area (see Fig. 4) namely: a degraded (by infestation of Invasive Alien
Plant species) Critical Biodiversity Area selected on the basis of:
6.1. Habitat required as part of CBA network.
6.2. Critical and important supporting area for maintaining corridors, linkages
and ecological processes.
6.3. Critical area for maintaining hydrological processes.
6.4. Areas with potential occurrence of threatened species or habitat
important for supporting threatened species.
6.5. Potential occurrence of important area of nationally listed Critically
Endangered or Endangered habitat, or fine-scale GR habitat with
equivalent status.
6.6. Areas important for protected habitats - wetlands, forest etc.
6.7. Critical and important supporting area for maintaining coastal processes.
The desired management objective for both aquatic and terrestrial CBAs and
ESAs is for land to be maintained in a natural state (i.e. existing natural
vegetation must be maintained); and degraded land is to be rehabilitated to a
natural or near-natural state; and land in its entirety is to be managed for no
further degradation, as well as maintain connectivity with other CBAs in the
CBA conservation network. In this regard the area is important for maintaining
corridors, linkages and ecological processes, as well as hydrological and coastal
processes; as well as for conservation of threatened or protected habitats and
threatened plant species.
7. Based on the available information CapeNature objects to the alternative
layout plans in their current form. Figure 4 below shows a red line where
development should not exceed further east in order to conserve a healthy
representative habitat for fynbos; consequently implying the 15 Residential
Zone II units, and some of the 13 Residential Zone I erven must be relocated
further west. CapeNature considers a frail care facility placed outside urban
areas to be unsuitably distant from medical facilities.
CapeNature reserves the right to revise initial comment and request further
information based on any additional information that may be received.
Page 6 of 9
Yours sincerely
Benjamin Walton
For: Manager: Scientific Services: Land Use Advice
CapeNature
Copies to:
(1) Dr A Turner (CapeNature: Knowledge Manager)
(2) Mr H Nieuwoudt (CapeNature: Robberg / Keurbooms Complex Reserve Manager)
(3) Mr C vd Walt (WCG: Department of Agriculture)
(4) Ms C Vermeulen (DAFF: Area Manager Forestry Western Cape)
(5) Ms C Tlowana (DWA: Breede-Gouritz CMA)
(6) Ms M Alant (SANParks: Ecological Planner)
(7) Mr C Schliemann (Bitou Municipality)
(8) Ms M Mackay (Cape Environmental Assessment Practitioners (Pty) Ltd)
Page 7 of 9
The Western Cape Nature Conservation Board trades as CapeNature
Board Members: Prof Gavin Maneveldt (Chairperson), Mr Carl Lotter (Vice Chairperson), Mr Mervyn Burton, Mr Mico Eaton, Prof Francois
Hanekom, Dr Bruce McKenzie, Ms Merle McOmbring-Hodges, Adv Mandla Mdludlu, Mr Danie Nel, Prof Aubrey Redlinghuis, Mr Paul Slack
Figure 3: Showing the Farm Ganse Vallei No. 444 Portions 27 and 79 in context of
the FEPA network, with the eastern extent of the subject area within the
estuarine functional zone of the Bietou River and Estuary. Access to the jetty and
slipway on Portion 4 of Farm Ganse Vallei No. 444 (yellow boundary) is derived
via the abovementioned properties.
Page 8 of 9
Figure 4: Showing the Farm Ganse Vallei No. 444 Portions 27 and 79 in context of
the Western Cape Biodiversity Framework. The red diagonal line drawn across
Portion 27 indicates where development should not exceed further east.
Page 9 of 9
The Western Cape Nature Conservation Board trades as CapeNature
Board Members: Prof Gavin Maneveldt (Chairperson), Mr Carl Lotter (Vice Chairperson), Mr Mervyn Burton, Mr Mico Eaton, Prof Francois
Hanekom, Dr Bruce McKenzie, Ms Merle McOmbring-Hodges, Adv Mandla Mdludlu, Mr Danie Nel, Prof Aubrey Redlinghuis, Mr Paul Slack
Plettenberg Bay Community Environment Forum
Postnet Suite #38
Private Bag X1006
Plettenberg Bay
6600
Cape EAPrac
PO Box 2070
George
6530
Via email: [email protected].
27 July 2015
Att: Melissa Mackay
RE: Preliminary comments and notice of intent to comment on the Basic
Assessment Report for the Proposed Ganse Vallei Retirement Estate on Portions 19
and 27 of Farm 444, PLETTENBERG BAY, BITOU MUNICIPALITY.
The Plettenberg Bay Community Environmental Forum thanks you for the opportunity to
comment on the Basic Assessment process relating to the above mentioned property. We
hereby give notice of our intention to comment on the activity and to register as an
Interested and Affected Party for the process.
Our initial comments are as follows:
- The property concerned falls outside of the Urban Edge as set out in the Spatial
Development Framework for the Bitou Municipality. High density housing should
not be approved for land that falls outside the Urban Edge.
- The property falls within the Coastal Protection Zone and the river-front portion
of the property is within a Critical Biodiversity Area (CBA).
- The developer must address how they intend to accommodate the functions of the
Bitou Conservation Corridor in which this property falls.
- The property is on the banks of an estuary to which coastal setback lines are
applicable according to the Eden District Municipality’s Coastal Management Plan,
2012. No development should occur within 1000m from an estuary in a rural area.
‘A FORUM SUPPORTING SUSTAINABLE DEVELOPMENT’
POSTNET SUITE #38, PRIVATE BAG X1006, PLETTENBERG BAY 6600
CELL: 072 594 1578
E-MAIL: [email protected] WEBSITE: www. Plettenvironmentalforum.co.za
-
Due to recent unlawful activity on the banks of the Keurbooms River, the Forum
strongly recommends that if this development is approved, that the contract
clearly states that no bank stabilization activity is allowed and that the developer
is aware of the risks of developing near a water course that is prone to flooding
and natural bank erosion.
In summary, the Forum does not support the proposed development because it does not
fall in line with the Spatial Development Framework of the Bitou Municipality which
clearly states that any development in the Goose Valley area should be restricted to that
recommended in the Rural Land Use Planning and Management Guidelines for the
Western Cape (PGWC, 2009). If any development is to take place it should be restricted to
holiday accommodation, low density rural housing and low impact tourist and
recreational facilities.
Yours sincerely,
Dr GS Penry
Obo Plettenberg Bay Community Environment Forum
[email protected]
072 817 7979
‘A FORUM SUPPORTING SUSTAINABLE DEVELOPMENT’
POSTNET SUITE #38, PRIVATE BAG X1006, PLETTENBERG BAY 6600
CELL: 072 594 1578
E-MAIL: [email protected] WEBSITE: www. Plettenvironmentalforum.co.za
FAX: (044) 382 5461
TEL: (044) 302 6900
Reference: F13/11/2
Enquiries: C Vermeulen
Area Manager Forestry: Western Cape
Department Agriculture, Forestry and Fisheries
P. Bag X12
Knysna
6570
27 July 2015
Cape EAPrac
P O Box 2070
George
6530
Att: Melissa Mackay
RE: BASIC ASSESSMENT REPORT FOR THE PROPOSED GANSE VALLEI RETIREMENT
ESTATE ON PORTIONS 19 & 27 OF FARM 444, PLETTENBERG BAY
DAFF would like to thank you for the opportunity to review and comment on the Bsic Assessment
Report received from Cape EAPrac, dated 22 June 2015.
DAFF has studied the supporting documents for the abovementioned and the following points related to
DAFF’s mandate i.e. the implementation of the National Forest Act, Act 84 of 1998 as amended (NFA)
and the National Veld and Forest Fire Act, Act 101 of 1998 (NVFFA) are applicable.
DAFF has no objection to the proposed development on condition that:
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The band of what is called dense Thicket (Wilderness Forest-Thicket) in the Botanical report,
most probably Western Cape Milkwood Forest, present along the eastern boundary of the site,
are not disturbed and be retained. A buffer of at least 5-10m wide is placed on the landward
side on the forest. This band forms an important corridor along the edge of the Estuary
The Thicket, again most probably Western Cape Milkwood Forest on the Western Boundary
are not disturbed and be retained
Protected trees such as Sideroxylon inerme, White Milkwood, are incorporated in the
development
The provisions of the NVFFA may apply on this property and you are cautioned to ensure that these are
taken into consideration.
DAFF reserves the right to revise initial comment and request further information based on any
additional information that may be received.
Yours faithfully
Cobri Vermeulen
Enquiries: MP Abrahams
Ref: 19/3/1/R
Messrs. Cape Environmental Assessment Practitioners (Pty) Ltd
P.O. Box 2070
GEORGE
6530
Attention: Ms. M. Mackay
RE: BASIC ASSESSMENT REPORT FOR THE PROPOSED GANSE VALLEI RETIREMENT ESTATE ON
PORTION 19 & 27 OF THE FARM 444, PLETTENBERG BAY
DEA&DP Ref. 16/3/1/1/D1/13/0069/14
Your letter with attachment under reference BIT281/04 dated 22nd June 2015 concerning the above
mentioned refers.
This office subjected to the following conditions has no objection the proposed activity.
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BItou Municipality must provide all potable water to the development.
All sewage is to be connected to the Bitou Municipal sewage system.
All sewage pumps to be installed for the development must have a standby non electrical
sewage pump available in case of power outages, failures or mechanical malfunction of the
existing pumps.
All refuse is to be incorporated into the Bitou Municipal solid waste stream.
The frail care unit must register with the Licensing Directorate of this Department at: The Licensing
Directorate, Department of Health, P.O. Box 2060, Cape Town, 8 000.
All health care risk waste generated by the frail care unit must be handled in accordance with
the provisions of the health care risk waste legislation.
Yours faithfully
DISTRICT MANAGER: EDEN DISTRICT
DATE: 15 July 2015
ganse valley 444 19 27
3rd Floor, York Park, York Street 6530
Private Bag X6592, George 6530
tel: +27 44 803 2727 fax: +27 44 873 5929
www.westerncape.go.v.za
[email protected]