ENVIRONMENTAL IMPACT ASSESSMENT (EIA) FOR THE PROPOSED NATIONAL ROAD 3: KEEVERSFONTEIN TO WARDEN (De Beers Pass Section) EIA: 12/12/20/1992 RECORD OF FOCUS GROUP MEETING: EERAM FARMERS ASSOCIATION HELD AT EERAM FARMERS ASSOCIATION HALL ON 11h30 13h30
TABLE OF CONTENTS TABLE OF CONTENTS... 1 PREFACE 2 1. ATTENDANCE... 3 1.1. ATTENDANCE INTERESTED AND AFFECTED PARTIES... 3 1.2 ATTENDANCE N3 TOLL CONCESSION (PTY) LTD (N3TC)... 3 1.3 ATTENDANCE ENVIRONMENTAL CONSULTING TEAM (EIA TEAM)... 3 2. WELCOME AND INTRODUCTIONS... 3 2.1 WELCOME AND OPENING REMARKS BY CHAIRMAN OF THE FARMERS ASSOCIATION... 3 2.2 FACILITATORS INTRODUCTORY REMARKS... 3 3. MEETING OBJECTIVES AND PARTICIPATION GUIDELINES... 4 3.1 MEETING OBJECTIVES... 4 3.2 PARTICIPATION GUIDELINES... 4 4. PRESENTATION: EIA PROCESS... 4 5. PRESENTATION: TECHNICAL... 5 6. WAY FORWARD... 5 7. CLOSING REMARKS... 5 APPENDIX A: RECORD OF COMMENTS RAISED AND DISCUSSED... 6 APPENDIX B: PRESENTATION... 16 APPENDIX C: ATTENDANCE LIST... 17 RECORD OF FOCUS GROUP: EERAM FARMERS ASSOCIATION 1
PREFACE An I&AP refers to a person who attended the meeting and verbally raised issues but whose name is unclear. This in no way diminishes the value of the issue raised. Should you recognise your input and would like to have your name recorded next to it, please advise the Public Participation Office. 2
1. ATTENDANCE 1.1. Attendance Interested and Affected Parties As per attendance list provided in Appendix C. 1.2 Attendance N3 Toll Concession (Pty) Ltd (N3TC) Name Mr Douglas Judd Position/Role Technical Manager 1.3 Attendance Environmental Consulting Team (EIA Team) Name Organisation Role in the project Mr Alan Cave Cave Klapwijk and Associates Environmental Assessment Practitioner Ms Janice Tooley ACER Public Participation Consultant Ms Bongi Shinga ACER Public Participation Consultant Ms Candace Sparg ACER Public Participation Consultant 2. WELCOME AND INTRODUCTIONS 2.1 Welcome and Opening Remarks by Chairman of the Farmers Association Mr Cobus de Jager, Chairman of the Eeram Farmers Association welcomed all members of the Eeram Farmers Association. He further introduced and welcomed representatives from N3TC, ACER and CKA. He opened the meeting with a prayer and then requested the Facilitator to continue with the proceedings of the meeting. He encouraged landowners to use this opportunity to ask questions relating to the upgrade of the existing N3, which is one of the alternatives for the proposed Keeversfontein to Warden EIA. 2.2 Facilitators introductory remarks Ms Janice Tooley, ACER, introduced herself as the Facilitator for the meeting and thanked Chairman for the opportunity and all landowners for attending the Focus Group Meeting. As a way of introduction, the Facilitator highlighted the following key points as a background to the Focus Group Meeting: 3
The meeting is aimed at providing an update to landowners on the progress of the project. The Focus Group Meeting is part of the EIA being done for the proposed N3 Keeversfontein to Warden (De Beers Pass section), which commenced in August 2010. The N3TC proposes to design, construct, operate and maintain the De Beers Pass Route - or one of two alternative alignments (Alternative A or Alternative B) - on the N3 between Keeversfontein (Tugela Toll Plaza), in KwaZulu-Natal and Warden in the Free State. The Final Scoping Report was submitted to the Department of Environmental Affairs in February 2011. The Department of Environmental Affairs approved the Scoping Report and requested that an additional route option to upgrade the existing N3 as well as the do nothing option in the EIA be added. 3. MEETING OBJECTIVES AND PARTICIPATION GUIDELINES 3.1 Meeting objectives The objectives of the Focus Group Meeting were as follows, viz.: To present the Upgrade of the existing N3 (Alternative C) as an additional alternative route and to provide landowners the opportunity to discuss the access/ service road proposals. To understand in more detail the associated implications as is listed as an environmental impact. To provide Interested and Affected Persons (I&APs) the opportunity to comment as required by the National Environmental Management Act (NEMA). 3.2 Participation Guidelines The Facilitator further read through the points presented on the slide, which provided guidelines with respect to the conduct of all participants and for achieving a constructive debate and discussion. The Facilitator also informed all present that the meeting was being recorded to assist ACER with the minutes. 4. PRESENTATION: EIA PROCESS Mr Alan Cave representing the Environmental Assessment Practitioner (EAP), presented the progress on the EIA process as well as Upgrade of the existing N3 (Alternative C). Comments raised and discussed following Mr Cave s presentation are captured in the tables presented in Appendix A. 4
5. PRESENTATION: TECHNICAL Mr Douglas Judd, N3TC, presented the access and service roads proposals. Comments raised and discussed following Mr Judd s presentation are captured in the table presented in Appendix A. 6. WAY FORWARD All Farmers Associations within the study area will receive maps which indicate the alternative routes as well as the access proposals. The primary objective for this exercise is to assist the EIA team to identify all properties which are potentially affected by the proposals and in turn for the affected landowners to participate in the process. These maps will be sent by ACER to the various Chairpersons of the associations. 7. CLOSING REMARKS The Facilitator thanked everyone for their attendance and input and then closed the meeting. 5
APPENDIX A: RECORD OF COMMENTS RAISED AND DISCUSSED 1 I&AP Query relating to a request for an on and off ramp near Warden to accommodate farming enterprises. submitted to N3TC and There was a request from landowners which refers to the on- and off- ramp. The proposal was to link the Vrede access road into the existing interchange to the Reitz road, but there are some agricultural issues, so the request is actually to bring that road down and to link it up with the Bethlehem road. Although the map has not been updated, the team is aware of the request. This is obviously the Warden area where there will be a left-in, left-out into the Warden North area and Warden has an existing interchange. Bearing in mind that interchanges like that and the one in Harrismith, new bridges will have to be provided in any case. This is because there is only space for one carriage way and there is a need to provide more space, as such there is a need for new over-passes. 2 Mr Nick Leslie Clan Leslie Estates I am Nick Leslie and I am a farmer who farms between Warden and Harrismith. I understand if this road is linked up we will not be able to run tractors and implements and combines along this road. You can not get that machinery from Warden to Harrismith on the dirt roads because the district road bridges are too narrow and already I am using the N3 to move machinery past Warden to get out to farms east of Warden. They will not allow slow moving machinery on this road, which is how I understand it. How then will you move your machines around? It will have social and economic impacts that will have to be taken into account if you have to travel further distances in order to get a machine to do your stripping - your fields. If this route has to be selected, then such detail needs to be understood. We understand that it will happen so we will address it in the presentation of the alternatives, but it is important that we get to know what your requirements are. As far as the other environmental studies go, it really has to be looked at and the effect of those roads on existing layouts. There may be other schools and small industries in that area that will be quite keen to get their stuff through 6
to various markets. This may cause them to go somewhere else completely different. Those are all economic impacts, which will also affect their lives, so that it will also be a social impact. If the road has to go there, those will be looked at in more detail. 3 Mr J S Du Plessis Farmer He is farming between Warden and Harrismith. He needed clarity as to what is happening on the other toll roads, e.g. N4 - what solutions were implemented for the farmers? 4 Mr Kiewiet Ferreira Ek besit ook grond hier in die Eeram omgewing waar die huidige N3 my plaas verdeel. Drie vraagies: 1. Ek sien al julle diens paaie is gryspaaie, wie gaan die paaie se instandhouding doen as dit gebou word? Gaan N3TC daarvoor verandwoordelik wees of gaan dit oorgegee word vir die Provinsie? 2. Wat is julle beleid, watter afstand vanwaar n plaas gekruis word deur die N3, gee julle deurgange onderdeur die pad om vee te skuif, asook implimente? 3. Die Paaie-administrasie in die Vrystaat van die Provinsie, waar hulle paaie moet herstel en herbou, se mates op brue en deurgange is steeds oud-modies. Ek kan amper vir u n syfer gee en sê jy moet ten minste n 8 meter breedte hê, maar die instandhouding is belangrik, wie gaan dit doen? The team is unable to provide detail on behalf of N4. However, it could have been considered and there would have been some compensation in some or other way for the requirements between the layouts of those roads. Issues of such magnitude cannot be ignored. These will be considered within the context of the proposed project. Die instandhouiding van die paaie, as jy praat van N3TC, dan praat jy ook van SANRAL want ons het die kontrak tot 2029. Vandaar af weet ons nie gaan dit terug na SANRAL toe of gaan die Konsessiekontrak verleng word? Op hierdie stadium weet ons nie. Die verantwoordelikheid om die toegangspaaie te voorsien sal die Nationale Padowerheid wees. So ver die instandhouding betref, sal dit provinsie wees? Die Nationale padverantwoordelikeid by enige oorganspad wat nie toegang het na n Nationalepad nie is 150 meter, weerskante van die Nationalepad. Maintenance of the road, if you talk about the N3TC then you also refers to SANRAL, as our contract is valid until 2029. After the expiry date, we cannot confirm as to who will be responsible. It can either be SANRAL or the contract 7
could be extended. English Kiewiet Ferreira, I am a land owner in the Eeram area where the N3 is currently dividing my farm in two. I have got three questions. 1. I have noticed that all the service roads are gravel roads, who will be responsible for the maintenance of those roads? Will the N3 be responsible or will it be handed over to the Province? 2. What is your policy regarding the N3 crossing a farm, will you provide corridors underneath the road to move cattle and implements? 3. The road administration of the Free State Province is old fashioned (out dated) regarding the measurements where roads are maintained or where there is reconstruction of roads. I can almost confirm that the width has to be at least 8 meter, now who will be responsible for that maintenance of that? SANRAL will be responsible for all access roads. As far as maintenance is concerned it will be the responsibility of the Province. At interchanges where you have direct access with ramps, it is a 150 m from the ramp terminal either side plus the sections between the ramp terminals. That is the mainland s responsibility of National Road authority. Then all other subordinate roads will revert to Province. This is as far as the policy and where the location of the access roads. The interchanges are spaced where we feel we can fit in or locate an interchange to cover a wider area as best as possible. We looked at 10 kilometre spacing for interchanges. As far as accesses are concerned, it is really making sure that all land enjoys access to the N3. In some cases, the area at Meel River for instance, north of the Meel river is a problem from a topography point of view to get direct access. Otherwise we would have considered an interchange in those areas. The Wilge River runs right close to the highway and that is fairly high ground. It is approximately a 4 km trip from this area down onto the highway. As far as the location of cross accesses is concerned, that is really on a requirement basis. Obviously one has to be reasonable but there are no set rules for that. 8
When it comes to expropriation, especially on the new road type arrangements, there are negotiations with the landowner if we are going to put a road through to give cross access to the adjacent land. SANRAL can buy the servitude of the road and provide cross access or by a willing seller basis buy the entire farm. In this instance, it will depend on each individual farmer s requirements and try and accommodate those requirements within an economically viable type project. As the project becomes more and more expensive it becomes less viable. 5 Mr George Galloway Landowner I am a farmer here. What I would like to know, is it possible to identify the specialists - so called studies and when will all the different specialists studies became available to us? Another question, if you look at alternative C, the upgrading of the existing N3 and if you look at alternative A at Van Reenen - the existing N3, why can t it proceed from Van Reenen to Keefersfontein like alternative A and will it be investigated? Also, you have referred to the De Beers Pass road as the new De Beers Pass road, how does it differ from the old De Beers Pass? In 1998 when you bought the farms or expropriated them, and the road reserve, I presume that is the old De Beers Pass road as I Regarding the third question about provincial roads and the width of bridges, that is really a provincial road function. This concern will be noted and transferred to the relevant authority which is Free State Roads Department. The findings of the specialist studies that are going to be undertaken will be presented in the Draft Environmental Impact Report and all Interested and Affected Parties will have an opportunity to review it. The question about when it will be available to people, it will be available when the Draft EIA report is completed and goes out for public review. You will remember that on that process diagram that it would probably happen towards the end of the year and then comments on those Specialist reports and the Draft EIA report will be sent through to the team via ACER s public involvement process and they would then collate all the comments. Those are then carried forward onto the Final Environmental Impact Assessment reports, which will go out again also for comment together 9
assisted all the farmers. Thank you. with the Specialist reports. Those comments at that stage will then go through to the National Department of Environmental Affairs. Regarding Alternatives A and C, the Department of Environmental Affairs gave the instruction that the EIA must include the alternative to upgrade the existing N3. They considered all the issues and comments raised through the public participation process from different parts of the study area. So they have asked the EIA team to look at the alternative to upgrade the existing N3 in its entirety and not just portions of it, so the EIA is taking everyone s comments into account rather than just one local community. It is the De Beers Pass route as it was expropriated or land was acquired in 1998 and as it was in the 1998 Record of Decision, it is a new road on the old route. 6 Mr J S Du Plessis Road Access - Farmer Are you now going to require land on both sides of the existing road to cover the width of the new road? At this stage, we do not have the exact details as you know that this alternative C is a new alternative that has been included in this study quite recently. There are engineering teams working on it at the moment. What we can share is that when we did the study for alternative A and particularly the section between Harrismith and Warden, we have tried to keep any new land required on the Eastern side of the road, so it is not exclusive, but it is in general. For instance halfway between the Meel River and Warden if you travelling North, the road make quite a sharp left hand bend over the hill and over the railway line, that corner for instance will cross slightly over to the left hand side to just ease that curve a bit. In general over 95 % of it will be on the Eastern side of the existing N3. Obviously around 10
Warden we are going to try and limit the impact of expropriation or what ever activity there is. The challenge of course is through Harrismith Town on the Eastern Bypass where there is developed land adjacent to the existing N3. This information will become available as time goes on. This detail will be presented in the Draft EIA Report which will be made available to the public for review. The Draft EIA Report is an important report that goes out to the public, because it will be complete as can be. The specialist studies are brought into that report and everything is consolidated. All registered I&APs will be advised of the availability of the Draft EIA Report, the comment period and all future project stages, including an opportunity to appeal once a decision has been made. 7 Mr Gert Loggenberg Farmer Dankie, ek is Gert Loggenberg en ek is ook n boer hier op Eeram-omgewing. Die eerste pad sou deur my grond geloop het. Ek wil julle geluk wens en baie dankie sê dat julle dit oorweeg om die bestaande N3 op te gradeer en sodoende Harrismith spaar sodat dit nie ekonomies gerïuneer word nie. Daar is iets anders wat ek wil vra, ek weet nie of julle daarna gekyk of oorweeg het nie, maar my grootste fristrasie van hier af na Johannesburg, dit maak ook nie regtig saak van waar heen nie, is die swaar vragmotors op die pad. Ek dink dit is ook 'n risiko vir ons almal wat die paaie gebruik, en dat meeste Dankie vir daardie opmerking en die voorstel. Die deel van hierdie proses is om hierdie tipe inligting en ander sienings van hoe om n probleem op te los en dan die kommentaar direk in te sit. Ons het dit ook hier opgeneem. Dis een van daardie punte wat nou ondersoek sal word of genoem word in die verslag om n ordendelike antwoord daarop voor te lê. Thank you for that remark and the suggestion. This is part of the process, to capture information like this and other views on how to solve the problem with the comments directly. This has been recorded. This is one of the points that will be investigated and 11
ongelukke deur vragmotors veroorsaak word. mentioned in the report for a proper response. Het julle dit meskien oorweek om n eksperiment te doen op die pad, ek weet nou nie wat die finansiële komplikasies kan wees en die impak daarop, om een van hierdie ses bane net te allokeer vir vragmotors, sodat hulle gedwing sal word om die spoed te ry wat hulle moet en in die baan te hou wat hulle moet. Want ek dink dit is ons grootste fristrasie en ons grootste ongeluksrisiko hier. Ek sien in Amerika en baie ander lande dat dit wel so gedoen word. Meskien kan julle dit dalk as n ekspariment uitvoer en sien hoe dit werk in Suid Afrika. Regtigwaar, die vragmotors hier in die oggend het geen respek vir jou as n voertuig nie. Baie dankie. I am also a farmer in the Eeram area. The first road would have crossed my farm and I would like to congratulate and thank you for considering the upgrade of the existing N3 and in that way to save Harrismith from being economically ruined. Then I also, my biggest frustration on these roads, travelling from here to Johannesburg are the trucks as they have no respect for any other vehicles on the road. They are a high risk and are causing most of the accidents on the road. My question is, have you considered the possibility or thought of trying an experiment on the road to allocate one of the 6 lanes to heavy vehicles and trucks. I don t know what the financial complications or impacts will be on that. It has been done in America and other counties, so it 12
might work here. 8 Mr Kiewiet Ferreira Farmer Thank you Douglas, ek wil net terug kom weer na hierdie dienspad. Dit mag dalk vir julle n kleinegheid wees oor die onderhoud van die grys diens paaie. As ek dit reg het dink ek, ek het n syfer van 55 kilometer daar gesien, waar nuwe grys diens paaie gamaak moet word, sou hierdie opsie dan n werklikheid word. Ek dink wat baie belangrik is, die boere wat op die oomblik hierdie N3 gebruik, ek praat nie nou net van dorp toe ry nie, ek praat om van hulle produkte te skyf, word dan op n grys pad gegooi, wat die verantwoodelikheid gaan raak van die provinsiale administrasie. So, iewers sal julle nou hier n inbouding moet doen, kortaktueel met die provinsiale administrasie, want dit wat ons ervaar van die provinsiale administrasie se vermoeë en kapasiteit om grys paaie te onderhou is derde werlds, vierde werlds, Zambia, daardie tiepe van paaie. So, ek dink dit sal baie onregverdig wees as julle hierdie huidige N3 weg vat van die boere om produkte te skyf en dan grys paaie te gooi en na vyf jaar na die tyd kan jy hulle nie meer gebreuk nie en dan het ons geweldige hoë onderhoud op ons voertuie. Daar sal defnitief aandag gegee moet word as die Provensiale administrasie daarna verantwoordelik is, dat daar n kontrak ingebou word deur SANRAL oor n sekere standaard handhawing. Anders benadeel julle die huidge gebruikers daarvan. Asseblief. I would like to go back to the service roads; it might seem to you like something simple regarding the maintenance of these roads. I have noticed a number Thank you, we take note of that comment and the concern. That is obviously something that the Environmental Impact Report must take into account. This is an issue that must go the Minister of Environmental Affairs for consideration during the decision making process. 13
of the 55 kilometres of service roads, where the construction of new gravel roads is going if this option is going to become reality. It is very important for the farmers using the N3, not only to go to town, but also to transport their products who will have to travel on the gravel roads. This will eventually be handed over to the Provincial Administration and what we have experienced with the Provincial Administration and their ability and capacity in maintaining these gravel roads is 3 rd world, 4 th world, Zambia, those kind of roads. It will be very unfair to take the N3 away from the farmers and to give them gravel roads and in 5 years time it will be impossible to drive on those roads. There must be a contract where SANRAL builds in a clause when the Provincial Administration will take over, that certain standards should be met regarding the maintenance of these gravel roads. Please. 9 Mr Theo Jooste Farmer My grond is juis daar waar die skyfie oop is by Meul Rivier, so ek word geraak daar. My vraag is, waar dienspaaie grond so gaan verdeel dat dit vir my nie meer ekonomies gaan wees om op daardie grond te boer nie, soos die huide situasie nou is, is baie van ons boere wat reg langs die N3 is, het n risiko om sekere vee aan te hou. Ons kan byvoorbeeld nie ons skape reg langs die N3 laat loop nie as gevolg van Dankie. Dit is ook een van daardie punte wat nou voorgelê word in die verslag om daaraan aandag te gee. Dit is belangrink want dit is n sosiale en ekonomiese impak. Thank you. This is also one of the issues that will be dealt with in the Draft EIA Report. This is important, because it has a social and an economic impact. 14
diefstal. Nou gaan daar nuwe dienspaaie oor ons grond loop wat die saak baie gaan vererger. Dankie. My property is right by the Meul River. My concern is, where service roads will divide/cross properties/farms in such a way that it is no longer economically viable to farm on that land, like in this situation where most of our farms is right on the N3. There is the risk to keep certain cattle. For instance, we can not let our cattle walk along the N3 because of the risk of theft. Now there is going to be new service roads on our farms which will just make it worse. 15
APPENDIX B: PRESENTATION Presentation can be requested from ACER (Africa) at 086 010 4958 or by notifying Bongi Shinga at N3EIA@acerafrica.co.za 16
APPENDIX C: ATTENDANCE LIST 17