Coal Mining Operation
The community joined hands in protests against efforts to start coal mining operations on the neighbouring farms of Groenvlei and Lakenvlei, because of the disastrous effects it will have on the environment, and therefore also on the tourist and hospitality industries. The following feedback more or less sums it up :
Reg. No. B2001/033916/23
Your Management, Monitoring and Environmental Connection.
P.O. Box 2047 Tel: +27 12 993 2165
Garsfontein East Fax: +27 86 621 0292
0060 e-mail: johan@menco.co.za
Name: Johan Maré
Cell: 083 389 6617
Date: 9 December 2011
Ref: MP30/5/1/2/2/505MR
Manager: Law and Policy Programme
Endangered Wildlife Trust
Private Bag X11
MODDERFONTEIN
1645
Attention: Ms. Anique Greyling
By email: aniqueg@ewt.org.za
Dear Madam,
RE: NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT 107 OF 1998): ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REGULATIONS LISTED ACTIVITIES ASSOCIATED WITH THE PROPOSED COAL MINING OPERATION FOR WPB COLLIERY (PTY) LTD ON THE FARMS GROENVLEI 353 JT AND LAKENVALEI 355 JT
Reference is made to your letter dated 2 October 2011 as well as your email dated 9 December 2011 pertaining to the above-mentioned matter.
M2 Environmental Connections (hereafter referred to as Menco) apologizes for the late response but would like to make use of the opportunity to provide the Endangered Wildlife Trust with the following reply. However, Menco would like to reiterate that our client does not intend to act in contravention of its legal obligation and intends to fully co-operate with the instructions of the Department of Mineral Resources. Therefore, without prejudice of their rights Menco provides the following feedback as requested.
1. Application for mining right to the Department of Mineral Resources in terms of the MPRDA
An application for a mining right in terms of section 22 of the MPRDA, 2002 (Act 28 of 2002) had been lodged with the Department of Mineral Resources (DMR) on 24 January 2011 for the mining of coal on portions 6 and 23 of the farm Groenvlei 353 JT and portion 12 of the farm Lakenvalei 355 JT, district of Belfast.
The acceptance letter from the DMR pertaining to the above-mentioned mining right application was received by facsimile dated 7 March 2011. The letter stated the timelines to be followed in terms of the compilation of the documentation in support of the mining right application. The EIA/EMP report compiled in terms section 29 and 35(5) of the MPRDA was submitted to the
Your Management, Monitoring and Environmental Connection.
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DMR on 2 September 2011 following Public Participation on 30 March 2011 as well 29 August
2011.
Ongoing public involvement has resulted in the notification by the DMR on 23 September 2011
that objections had been received against the mining right application and that WPB Colliery will
be invited to RMDEC to be allowed the opportunity to make a representation before all parties
that objected.
A response to all objections had been compiled but the RMDEC meeting had been postponed
until the next scheduled meeting in January 2012.
2. Application for authorization in terms of NEMA EIA Regulations for listed activities
In a response by Menco dated 5 September 2011 it was stated that an application for authorization
in terms of NEMA was submitted with the Department of Economic Development, Environment
and Tourism in Witbank. The project was registered with DEDET and reference number
17/2/3N-82 was allocated.
It should also be noted that DEDET considered the application as partial fulfillment of the
requirements of the Listed Activities under GN R545. It was requested to resubmit the application
with the omission of activities 20 and 22 as it is deemed a requirement of the Department of
Mineral Resources to authorize mines. It was further stated that Listed Activities under Category
B 4(1) should be lodged with the Directorate: Environmental Impact Management under NEM:
WA as DEDET is no longer mandated to authorize such activities. As stated earlier it was agreed
with the Department of Water Affairs: Mpumalanga Regional Office to authorize the waste
(water containing waste) under the National Water Act, 1998 (Act 36 of 1998) as section 21(g)
water uses.
The remainder listed activity is for the storage of diesel on site. According to the applicable
regulation the NEMA process needs to be followed if more than 80 0000 liters of fuel is to be
stored on site. WPB Colliery will be storing between 20 000 – 40 000 liters of diesel in tanks
located aboveground and that are bunded.
3. Application for a Water Use License in terms of the NWA, 1998
A regulator authority meeting was held with the Department of Water Affairs on 7 September
2011 to discuss the departmental requirements for a water use license application. A prefeasibility
meeting is a prerequisite in the water use authorization process. The meeting was
attended by several of the registered stakeholders that objects to the project. The responsible
manager of the Department of Water Affairs has granted the Interested and Affected Parties an
opportunity to raise concerns that were considered as part of the delineation of scope of work to
be compiled in the Water Use license Application Process.
WPB Colliery (Pty) Ltd is therefore in the process to apply in terms of section 40 of the National
Water Act, 1998 (Act 36 of 1998) for an Integrated Water Use License authorization for all water
related activities on the farms Groenvlei 353 JT and Lakenvalei 355 JT inclusive of the following:
• Section 21(a): Taking of water from a resource
• Section 21(b): Storage of water
• Section 21(c): Impeding or diverting the flow in a water course
• Section 21(g): Disposing of waste which may detrimentally impact on a water resource
Your Management, Monitoring and Environmental Connection.
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• Section 21(i): Altering the bed, banks of water course
• Section 21(j): Mine dewatering
As coal mining is considered a high risk sector activity (Category A) the water use license application must be supported by an Integrated Water and Waste Management Plan (IWWMP). The IWWMP is in the process of completion and consist of several technical reports such as:
• Surface water study
• Geohydrological investigation
• Civil engineering design report
The sensitivity of the area had been considered and the WULA makes provision for compliance with GN 1198 and 1199 dated 18 December 2009 pertaining to the protection of wetland areas. The wetland areas had been delineated and a section 21(c) and (i) application will form an integral part of the application for a WUL.
4. Possible application for a waste use license
All waste related activities at WPB Colliery (Pty) Ltd falls within the ambit of the MPRDA entailing overburden stockpiles. In addition the Pollution Control Dams (PCDs) will be authorized in terms of section 21(g) of the NWA. There is thus no need to apply for a waste permit in terms of NEM:WA. General waste generated at the mine will be removed by Belfast Local Municipality in accordance with agreed service agreements.
5. Way forward
It should be noted that it is considered premature to pre-empt the outcome of the RMDEC meeting. Based on previous experience it was a request from the RMDEC that the applicant resolve the objections through further consultation with the IAPs. In all likelihood a similar request might be tabled for WPB Colliery. In this instance the applicant has already proceed with the obtaining of quotations from independent specialist to address issues raised such as:
• Impact of mining on the eco-tourist industry in the area
• Avifauna study during the summer season
It is therefore realistic to consider that further public participation will be conducted in order to inform registered stakeholders on the progress made to date.
Should you require any further information regarding the above-mention response, please do not hesitate to contact this office at the numbers provided.
Regards
J. Maré
Menco
♣
Here are FOSAF’S comments as per Peter Ardenne :
Hi everyone,
As a tourist destination I thought you might be interested in the response of the consultants to WPB Colliery to some of the many objections raised both in writing to the DMR and when the second Public Participation meeting was held in August. Despite the fact that the documentation supporting this application for an open cast mine is fatally flawed in just about every respect it appears that Mr Bower wishes to press ahead and meet our objections. Needless to say, not only does this proposed mine pose a huge threat to the tourist destinations in the area, but also to the proposal of the Steenkampsberg Environmental Initiative to eventually have the Dullstroom plateau declared a ‘Protected Area”. In other words we cannot allow this project to proceed on any account as a mining right issued to Bower will automatically open up the area to many similar applications.
As a tourist destination you will note from the attached document that they are appointing a specialist to study the impact the mine will have on our business. Apart from the many other well argued scientifically based objections it will be interesting to see what this particular specialist study comes up with.
Celeste, I may have missed some destinations in the area – please pass on.
Regards,
Peter.
13 December 2011



























