JANUARY 2019

ENVIRONMENTAL FEASIBILITY REPORT

13 WESTRIDING ROAD

eTHEKWINI LOCAL MUNICIPALITY

EVPA1140

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This report was prepared by EnviroPro Environmental Consulting Josette Oberholzer BSc (Hons) MSc

Tertiary Education: BSc (Hons) Zoology

MSc By thesis in estuarine fish ecology. Work Experience: 2001 – 2002 MSc formed part of EIA for National Ports Authority

2003 – 2010 Senior Manager for KSEMS cc 2010 Managing Member of EnviroPro Environmental Consulting

Iain Jourdan BSoc Sci (Hons) Tertiary Education: BSc (Hons) Geographical Science Work Experience: 2006 – 2007 Environmental Manager Service for Inhlanhla Civils (Pty) Ltd

2007 – 2010 Senior Manager for KSEMS cc 2010 Managing Member of EnviroPro Environmental Consulting

Stephanie Denison Bsc (Hons) MPhil Tertiary Education: BSc (Hons) Botany and Ecophysiology MPhil Marine and Environmental Law Work Experience: 2012 Environmental Control Officer for Environmental Impact

Management Services (EIMS) 2012 – 2014 Lead Environmental Scientist for Kerry Seppings

Environmental Management Specialists cc 2014 - 2018 Environmental Consultant for EnviroPro Environmental

Consulting (EnviroPro) 2018 Lead Environmental Consultant for EnviroPro

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CONTENTS

1. INTRODUCTION ......................................................................................................................................... 4

2. SITE DESCRIPTION ...................................................................................................................................... 5

3. DEVELOPMENT LAYOUT .......................................................................................................................... 10

4. KEY ENVIRONMENTAL FEATURES / SENSITIVITIES .................................................................................. 10

5. ENVIRONMENTAL PROCESS AND WAY FORWARD .................................................................................. 11

6. CONCLUSION ........................................................................................................................................... 13

ACRONYMS

D’MOSS Durban Metropolitan Open Space System

DWS Department of Water and Sanitation

EAP Environmental Assessment Practitioner

EDTEA Economic Development, Tourism and Environmental Affairs

EIA Environmental Impact Assessment

GA General Authorisation

GIS Geographical Information System

NEMA National Environmental Management Act 107 of 1998 as amended

NEMBA National Environmental Management: Biodiversity Act (10 of 2004)

NFEPA National Freshwater Ecosystem Priority Area

NWA National Water Act 36 of 1998

SANBI South African National Biodiversity Institute

WMA Water Management Area

WUA Water Use Authorisation

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1. INTRODUCTION

Mr Chris Krause from Chris Krause Land Surveyors requested EnviroPro to prepare an Environmental Feasibility report to consider and comment on the environmental requirements for developing on Erf 341, Hillcrest within the eThekwini Municipality. The study area falls in Ward 8 and is approximately 1.65 hectares in extent. The proposed study area is outlined in red in Figure 1 below (the 1: 25 000 topographical map is also provided under Appendix 1). Stephanie Denison and Anthony Mader inspected the site on the 11th December 2018. EnviroPro thereafter prepared the following feasibility report. The purpose of this report is to advise on potentially sensitive environmental areas on and around the site and provide input regarding applicable environmental legislation. This report does not constitute an Environmental Impact Assessment (EIA) in terms of the National Environmental Management Act 107 of 1998 as amended (NEMA) or the Regulations to this Act, which was promulgated on the 04th December 2014. Neither does it constitute a Water Use Authorisation (WUA) in terms of the National Water Act (36 of 1998, NWA). The report does however review this legislation with respect to any formal environmental applications that may be required as a result of the planning and construction activities. The report is to be used as a guideline for the developer to calculate the feasibility of the proposal however specialist input may adjust the findings / developable area during the EIA and WUA processes. The following report represents a professional opinion and is based on information provided by the land surveyor, a review of the available maps, aerial photos from Google Earth Pro, the South African National Biodiversity Institute’s (SANBI) Online GIS, eThekwini Online PublicViewer as well as the visit to the site in question. The interpretation of the environmental legislation and regulations is given in good faith. In the event of any dispute over the interpretation of the legislation or regulations, the decision of the Department of Economic Development, Tourism and Environmental Affairs (EDTEA) and/or Department of Water & Sanitation (DWS) will have precedence. Figure 1: Aerial image showing the location of the site, outlined in red and associated land uses (source: QGIS vs 3.2.2)

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2. SITE DESCRIPTION

The portion of land is privately owned and currently zoned Special Residential 1800 (eThekwini Online). Portions of the property has previously been used for equestrian purposes (horse stables, parade grounds, paddocks etc.). There is the farm house in the north-east corner of the property, which is currently being rented out. The remainder of the property is no longer in use. There is direct access off Westriding Road. There is a municipal water pipeline running along Westriding Road (i.e. eastern boundary of the site). There is no municipal water-borne sewer infrastructure in the surrounding area. The municipal services associated with the site are shown in Figure 2 below. The site slopes away gently from Westriding Road, in a south-westerly direction. There were a number of structures in the upper eastern sections of the property (Figure 6e). These included the old horse stables, farm house and ground-keepers residence. The age of the structures is unknown but it should be noted that the demolition of structures older than 60 years requires a permit from the relevant heritage authority (AMAFA). The environmental features associated with the property are discussed below. The relevance of the features in terms of the environmental legislation is provided in sections 4 and 5. Figure 2: Image showing the location of the bulk water (blue) pipeline associated with the property (source: eThekwini PublicViewer Map Online, 2018).

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2.1. Proximity to Protected Areas The Krantzkloof Nature Reserve is located 4.72km east of the property, as the crow flies (Figure 3). The Nature Reserve was proclaimed as a protected area under the National Environmental Management: Protected Areas Act, 2003 in 1950. Figure 3: Location of the Kranzkloof Nature Reserve, within 5km of the property (source: QGIS vs 3.2.3).

2.2. Watercourses The study area is located in Quaternary Catchment U20M in the Pongola to Mtamvuna Water Management Area (WMA 4). There are no rivers or drainage lines originating on the property. According to the eThekwini Online GIS overlay, the nearest drainage line is approximately 240m north-east of the property. This drainage line is a tributary of the Nkutu Stream, located north of the property (Figure 4). From the desktop study, a National Freshwater Ecosystem Priority Area (NFEPA), was identified within 200 metres of the study area (shaded in green in Figure 4). Based on the gradient of the property, the natural drainage off the site, flows in a westerly direction into existing municipal stormwater infrastructure before flowing into the Nkutu Stream (indicated by the purple arrows in Figure 4). The Nkutu Stream is approximately 480m away from the boundary of the site. Given the transformed nature of the surrounding area and the nature of the development, it is unlikely that the Nkutu River and associated wetland system will be impacted by the runoff from the proposed residential development.

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Figure 4: Drainage lines (blue) and wetlands (green) associated with Erf 341 in Hillcrest. The purple arrows

indicated the likely stormwater drainage off the site (source: QGIS vs 3.2.3 with eThekwini overlay).

2.3. Vegetation The entire site falls inside of the SANBI mapped vegetation ecosystems. The ecosystem is called the KZN Sandstone Sourveld (SVs5), which is identified as “endangered” by SANBI (Figure 5). The vegetation within this ecosystem can be described as species-rich grassland with scattered low shrubs and geoxylic suffrutices1. Proteaceae trees and shrubs are common. During the site visit, it was confirmed that the natural vegetation across the property has been transformed due to the historic land use. The upper eastern portion of the property is 100% transformed by the farm house, equestrian infrastructure (stables, parade grounds etc.) and gardens. The remainder of the property is regularly mowed and maintained horse paddocks. The vegetation in the paddocks consists of lawn grass. Photographs of the vegetation on site are provided in Figure 6. There are large trees scattered in the horse paddocks. Given the age of the trees, it is recommended that these be incorporated into the layout of the development however only one tree of conservation significance was noted in the garden near the main house. This was a Podocarpus spp (Yellowwood), which is a protected tree species listed under section 15(3) of the National Forest Act,1998. Should the tree be removed, a permit from the Department of Agriculture, Forestry and Fisheries (DAFF) is required.

1 MUCINA, L. & RUTHERFORD, M.C. (eds) 2006. The Vegetation of South Africa, Lesotho and Swaziland. Strelitzia 19. South African

National Biodiversity Institute, Pretoria.

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Figure 5: Map showing the location of the site within the KZN Sandstone Sourveld Ecosystem type (source:

QGIS vs 3.2.3 with SANBI overlay).

Figure 6: Photographs of the proposed site taken on the 11th December 2018.

Figure 5 (a) Upper eastern portion of the site with horse parade ring; (b) Middle of the property facing west into the paddocks; (c) Lower, western portion of the property; (d) The start of the horse paddocks. Photographer facing north across the property; (e) Transformed, upper portion of the site, which is currently rented out; and (f) One of two entrances to the site off Westriding Road.

e d f

b c a

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2.4. Durban Metropolitan Open Space System (D’MOSS) D’MOSS is a system of open spaces within the eThekwini Municipality that incorporates areas of high biodiversity value linked together in a viable network of open spaces. Permission from eThekwini is required for any development within DMOSS. The property falls outside of D’MOSS (Figure 7). The nearest DMOSS area is located north of the property and is associated with the Nkutu Stream and NFEPA wetland system. Figure 7: Image showing the location of the D’MOSS associated with 13 Westriding Road (source: eThekwini Online PublicViewer, 2018).

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3. DEVELOPMENT LAYOUT

Spanlar Investments cc propose to construct a new residential development on Erf 341, Hillcrest. The current zoning of the property allows 9 units to be constructed however a rezoning application is underway to increase the number of units to 24. A preliminary design layout has been provided by Ferguson Architects and is shown in Figure 8. The development footprint is approximately 1.3 ha (including parking areas, roads, landscaping etc.). The existing access off Westriding Road will be used. It is understood that the development will tie into the municipal bulk water system however there is no available municipal sewer network in the area. Septic tanks are therefore proposed. The soils capacity for percolation must be determined by a suitably qualified engineer to ensure that there is a suitable absorption rate on site. The cumulative impact of all the septic tanks on the property and surrounding properties must be considered. The property is surrounded by other residential developments and therefore stormwater must be attenuated on site to ensure that there is no uncontrolled runoff from the site impacting other developments. Figure 8: Draft layout showing the site plan proposed at 13 West Riding Road, Hillcrest (source: Ferguson Architects, 2018).

4. KEY ENVIRONMENTAL FEATURES / SENSITIVITIES Despite the study area falling within an endangered ecosystem type, KZN Sandstone Sourveld, the vegetation on site has been transformed by the current and historical use of the property as an equestrian estate. The north-eastern portion of the property is 100% transformed with the lower, portion being comprised of lawn grass for the horse paddocks (Figure 9). The clearance of more than 300m2 of indigenous vegetation2 from within a SANBI identified endangered ecosystem requires Environmental Authorisation and therefore a query has been submitted to EDTEA to confirm the transformed state of the vegetation on site. There are no watercourses on the site or within 32m of the property. The location of the NFEPA wetlands needs to be considered in terms of the National Water Act, 1998. NFEPA wetlands were identified approximately 200m north-east of the property (Figure 4). This seep wetland system is located on the other side of the watershed, in a different valley and is therefore unlikely to be impacted by the proposed development. Another NFEPA wetland is located 440m downstream of the property. The area between the development and wetland is; however, 100% transformed by residential developments and municipal infrastructure (roads, pipelines etc.). Considering the nature of the development, it is therefore unlikely that there will be any impact on the NFEPA wetland system.

2 In terms of the NEMA EIA Regulations indigenous vegetation is defined as “vegetation consisting of indigenous plant species

occurring naturally in an area, regardless of the level of alien infestation and where the topsoil has not been lawfully disturbed during the preceding ten years”.

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Figure 9: Map showing the transformed areas on the property and the location of the horse paddocks (source:

QGIS vs 3.2.3).

5. ENVIRONMENTAL PROCESS AND WAY FORWARD

Potentially relevant regulations, licensing requirements and definitions from the National Environmental Management Act 107 of 1998 EIA regulations Notice R326 and the National Water Act 36 of 1998 have been analysed in the tables below. Please note that the below interpretation is given in good faith and represents the opinion of the Environmental Assessment Practitioner (EAP). Should any discrepancy arise in the interpretation of the legislation, EDTEA’s and DWS’s decision will have precedence.

NEMA Regulations R327 07th April 2017 (BAR required)

27. The clearance of an area of 1 hectare or more, but less than 20 hectares of indigenous vegetation, except where such clearance of indigenous vegetation is required for- (i) the undertaking of a linear activity; or (ii) maintenance purposes undertaken in accordance with a maintenance management plan.

It is the EAP’s opinion that the existing houses and associated garden areas are considered 100% transformed with most, if not all, the plant species having being planted over a number of years. Approximately 0.77 ha of the property is 100% transformed. A maximum area of 0.88 ha of vegetation will therefore be cleared, which falls below the 1 ha threshold. This activity is therefore not applicable. This will be confirmed with EDTEA through the submission of a query.

NEMA Regulations R324 07th April 2017 (BAR required)

12. The clearance of an area of 300m2 or more of indigenous vegetation: (d) In KZN (iv) Within any critically endangered or endangered ecosystem listed in terms of section 52 of the National Environmental Management: Biodiversity Act (10 of 2004; NEMBA). or prior to the publication of such a list, within an area that has been

According to the SANBI Online database, the site falls within the KZN Sandstone Sourveld ecosystem, which is listed as an endangered ecosystem in terms of s52 of NEMBA. During the site visit it was however confirmed that the vegetation is either 100% transformed or consisting of lawn grass. The vegetation is not representative of the ecosystem

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3 Government Notice No. 1199 published in Government Gazette No. 32805 on 18th December 2009 “Replacement of General

Authorisation in terms of section 39 of the National Water Act, 1998”. 4 Regulation 3.13 of the Revision of General Authorisations in terms of Section 39 of the National Water Act, 1998 published in

Government Gazette No. 665 on the 06th September 2013.

identified as critically endangered in the National Spatial Biodiversity Assessment 2004.

type. It is therefore the EAP’s opinion that this activity is not triggered. This will be confirmed with the competent authority, EDTEA.

NWA Water Uses (Water Use Authorisation required)

Section 21(c) and (i)3 for any development within a 500m radius of any wetlands as the water user is impeding or diverting the flow or altering the bed, banks, course or characteristics of a watercourse.

NFEPA wetlands were identified approximately 200m north-east of the property. This seep wetland is located on the other side of the watershed, in a different valley and is therefore unlikely to be impacted by the proposed development. Another NFEPA wetland is located 440m downstream of the property. The area between the development and wetland is; however, 100% transformed by residential developments and municipal infrastructure (roads, pipelines etc.). Considering the nature of the development, it is therefore unlikely that a section 21(c) & (i) water use will be triggered. A letter can be submitted to DWS to confirm this water use.

The use of septic tanks as the method of on-site disposal of domestic wastewater triggers a section 21(g) WUA for the disposing of waste in a manner which may detrimentally impact on a water resource.

WUA applications can be submitted to DWS in the form of an application for General Authorisation (GA) or as a Water Use License (WUL). The GA application requires less detail and is generally issued by DWS in a shorter timeframe compared to the full WUL. For section 21(g) water users, the GA applies to: A person who owns or lawfully occupies property may, on that property, dispose of – (iv) domestic wastewater generated by a single household not permanently linked to a central waste collection, treatment and disposal system to an on-site disposal facility; If the disposing of wastewater –

(a) Does not impact on a water resource or any other person’s water use, property or land; and

(b) Is not detrimental to the health and safety of the public in the vicinity of the activity.

One of the conditions of the General Authorisation is for the disposal site to be located outside a 500m radius from the boundary of a wetland4. A Water Use Authorisation will therefore be required for the septic tanks. The findings of the geotechnical engineer must be reviewed by a wetland specialist to assess the risk to the surrounding water resources. Should the risk be low, a GA can be motivated for but the granting of a GA is under the discretion of DWS. A GA process takes approximately 3 months.

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6. CONCLUSION The proposed residential development at 13 Westriding Road will cover a total area of approximately 1.3 hectares. 0.77ha of the property is considered 100% transformed with horse paddocks comprised of regularly moved lawn grass over the remaining 0.88ha. The vegetation associated with the property is not representative of the KZN Sandstone Sourveld ecosystem type and therefore it is the EAP’s opinion that the development of the property will not trigger any of the EIA listed activities. This will however be confirmed through a query to the competent authority, EDTEA. Any development within 500m of a wetland requires a WUA application process to be followed with the Department of Water and Sanitation. This application will be in terms of the NWA section 21 (c) and (i) for development within 500m of a wetland. Considering the distance from the downstream NFEPA wetland and transformed nature of the surrounding environment, a letter confirming no water use may be considered by DWS. The use of the septic tanks on site, will however need to be included in this WUA process in terms of section 21(g) of the NWA. The use of septic tanks within 500m of wetlands are generally exempt from the General Authorisation and require a full Water Use License. This is to be discussed at a pre-application meeting with DWS, which is a compulsory requirement of the WUA process. Engineering input will be required as well as a risk assessment from a wetland specialist to motivate that there will be no impact on the water resources. Other applicable legislation includes:

• The National Heritage Resources Act, 1999 Section 34(1) states that no person may alter or demolish any structure or part of a structure which is older than 60 years without a permit issued by the relevant provincial heritage resources authority (i.e. AMFA). The developer is to confirm the age of the structures on the property prior to any demolition taking place.

• The National Forest Act, 1998 In terms of section 15(3) of the National Forest Act, no person may cut, disturb, damage or destroy any protected tree except under a licence or exemption granted by the Minister to an applicant and subject to such period and conditions as may be stipulated. A licence from DAFF will be required should the Podocarpus spp (Yellowwood) be cleared in the north-eastern section of the property. This licensing process generally takes around 3 – 4 weeks.

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Appendix 1: 1 in 25 000 topographical map showing the centre of the site circled in red (29°46'0.66"S;

30°46'0.94"E).