Private Bag X11 Modderfontein 1645 October 2016 ATTENTION: Jomela Consulting 215 Postnet Box Private Bag X 1, Woodhill, Gauteng 0076 Dear Minah Moabi

Transcription

1

2

3

4

5

6 Private Bag X11 Modderfontein 1645 October 2016 ATTENTION: Jomela Consulting 215 Postnet Box Private Bag X 1, Woodhill, Gauteng 0076 Dear Minah Moabi and Yvonne Gutoona RESPONSE TO: DMR REF NO. LP 30/5/1/2/3/2/1 (10131) EM, application for mining rights (Berenice project), Makhado local municipality Limpopo. The Endangered Wildlife Trust (EWT) is a non-governmental, non-profit, conservation organisation, founded in 1973 and operating throughout southern Africa. The EWT conserves threatened species and ecosystems in southern Africa by initiating research and conservation action programmes, implementing projects which mitigate threats facing species diversity and supporting sustainable natural resource management. The EWT furthermore communicates the principles of sustainable living through awareness programmes to the broadest possible constituency for the benefit of the region. The EWT has developed a unique operational structure through which the mission and objectives of the EWT can be achieved. The EWT achieves its conservation goals through specialist, thematic Working Groups, designed to maximise effectiveness in the field and enhance the development of skills and capacity. The EWT strives to conserve biodiversity assets, ecosystem services and our natural heritage in general to the benefit of all people in South Africa. The proposed mining project is situated in a highly sensitive and biologically important area. This is supported by the fact that 90% of the area is identified as Critical Biodiversity Area 1 or 2 and the remainder as Ecosystem Support Areas 1. Cumulative impacts including road networks, air, soil and water pollution in the region will have further knock-on effects on associated critical biodiversity areas including the Langjan Provincial Nature Reserve (17km from proposed site). It is important to note that there are No alternative sites available to meet the proposed targets, especially because this whole region falls within the within the proposed buffer zone of Vhembe Biosphere Reserve (2016 SEMP). On top of this are the water issues Physical Address: Building K2, Ardeer Road, Pinelands Office Park, Modderfontein 1609, Gauteng, South Africa Postal Address: Private Bag X 11, Modderfontein 1645, Gauteng, South Africa Tel: +27 (0) Fax: +27 (0) ewt@ewt.org.za Web: The Endangered Wildlife Trust is a non-profit, public benefit organisation dedicated to conserving species and ecosystems in southern Africa to the benefit of all people. NPO Number: , PBO number: , Member of IUCN - The International Union for Conservation of Nature The Endangered Wildlife Trust is US 501(c)(3) compliant under US IRS Registration number: EMP

7 that will be associated with this proposed mining activity. The proposed area is on the Brak River which is a Class B river (Largely Natural under NFEPA classification). The impacts on the river and its riparian zone will be impossible to rehabilitate and this on top of the fact that the proposed water consumption exceeds the annual rainfall in the area and that the area is a drought catastrophe area means that this proposal should not even be considered from a Water Use Licence perspective. Given the overall biodiversity value of the area, the cumulative impacts of the proposed activity, the inability to rehabilitate such a sensitive area and the extreme water use issues we strongly oppose this application. Regards Dr Ian Little Senior Manager: Habitats Endangered Wildlife Trust Phone: , ianl@ewt.org.za Physical Address: Building K2, Ardeer Road, Pinelands Office Park, Modderfontein 1609, Gauteng, South Africa Postal Address: Private Bag X 11, Modderfontein 1645, Gauteng, South Africa Tel: +27 (0) Fax: +27 (0) ewt@ewt.org.za Web: The Endangered Wildlife Trust is a non-profit, public benefit organisation dedicated to conserving species and ecosystems in southern Africa to the benefit of all people. NPO Number: , PBO number: , Member of IUCN - The International Union for Conservation of Nature The Endangered Wildlife Trust is US 501(c)(3) compliant under US IRS Registration number: EMP

8

9

10

11

12

13

14

15

16

17

18 Jomela From: Sent: To: Cc: Subject: Jomela Wednesday, 12 October :56 PM 'Adriaan Venter' RE: PPP - Universal Coal Development Good Day, Your comments have been noted. For compliance purposes we will submit the scoping report on the 14 th but we will receive comments until the 23 rd of October and update the consultation report which we will submit to the department. We also have the Mining Right application commenting period open until the 2 nd of November 12p.m. We will send out the scoping report to registered parties on the 14 th and we will keep the registration process of any I&AP s open. The reason why we had the meeting during the scoping period is due to the fact that from the previous consultation I&AP s had concerns that we had held the meeting outside the scoping period. We do however are not limiting I&AP s to one meeting. If I&AP s do however request a meeting we will be more than happy to arrange. From: lizelle@bokamoso.net [mailto:lizelle@bokamoso.net] Sent: 08 October :35 To: admin@jomela.co.za; Adriaan Venter <adriaan@avatt.co.za> Cc: info@bokamoso.net; juanita@bokamoso.net; support@jomela.co.za; yvonne@jomela.co.za Subject: RE: PPP - Universal Coal Development Dear Jomela and Universal Coal Thank you for your response. First of all you failed to provide us with proof of the advertisements that were placed after we specifically requested the proof. You only supplied it yesterday evening. The proof of public participation should have been attached as part of the Draft Scoping Report that was made available to the public for review. This was not done. The applicable regulations specifically require that proof of the public participation process be attached as part of the Draft Scoping Report. The new EIA Process You already made the Draft Scoping Report available for review on 13 September 2016, but you only placed the advertisements and site notice 10 days after the Draft Scoping Report was made available for review. In the newspaper notice you mentioned to the new I&APs that the Draft Scoping Report is available for review and that they only have until 13 October 2016 for comments (less than 30days were afforded to newly registered I&APs for comment). You once again failed to afford the I&APs a minimum of 30 days for comments and you are once again not complying with the timeframes as set in the legislation. In your previous s and notices forwarded to the I&APs you explained that the former EIA process lapsed, because you failed to supply the I&APs a minimum of 30 days to supply comments regarding the report that was made available. You decided to repeat this mistake again in the new process. The new I&APs (the I&APs who registered after the advertisements and site notices were placed and the I&APs who can still register until 23 October 2016) are once again prejudiced, because they have less than 30 days to supply comments and the public meeting is held before the lapsing of the 30 day registration period. The people who register after the public meeting will not even have an opportunity to attend a Scoping Phase public meeting, because the public meeting is held before the registration period ends on 23 October This is a very sensitive project and the proposed mine will have a devastating impact on the environment and it is therefore crucial that you follow the correct procedures 1

19 and processes. Your own specialists emphasized the irreversible and significant negative impacts on the water resources, ecological environment and various other environments and you are fully aware of the controversy around this project. Are you going to give the newly registered I&APs an extension of time for the submission of comments regarding the Draft Scoping Report? Are you going to make an amended scoping report available which includes the public participation details and which includes the comments and issues raised by the new I&APs? Please clarify the way forward. We will also appreciate it if you could supply us with minutes and attendance register of the first public meeting that will be held today. We will also appreciate it if you could furnish us with a copy of the power point presentation presented at the meeting. We need copies of the minutes and the presentation by Monday 10 October 2016, because you only afforded I&APs until 13 October 2016 to supply their comments regarding the Draft Scoping Report. Regards Lizelle Gregory Bokamoso Landscape Architects and Environmental Consultants CC BLArch (UP) Professional Practice Number: Professional Member At: ILASA; IAIA, SACLAP From: admin@jomela.co.za [mailto:admin@jomela.co.za] Sent: 07 October :57 PM To: lizelle@bokamoso.net Cc: info@bokamoso.net; juanita@bokamoso.net; support@jomela.co.za; yvonne@jomela.co.za Subject: PPP - Universal Coal Development Dear Interested and Affected Party; Regarding the previous application, we noted that due to the delays with the water studies which where supplied two weeks late that I&AP s would not have adequate time to comment on these reports. We requested not forced I&AP s to submit their comments as we had submitted a request for extension as the due date for final submission was the 9th of September. The DMR could not grant a second extension and based on the fact that I&AP s would not have had 30 days to review all the reports, the application was deemed as lapsed. We did not refuse to afford I&Aps extra time but rather stated that we were waiting on the department to give us feedback as we indicated in a letter sent to you. This was also explained in a project status quoi letter sent to registered interested and affected parties. We requested comments on the EIA/EMPr report because the information is still the same, the project is still the same and we want to address these comments so that when we send the EIA report for the new application we would have amended and addressed the issues raised. Regarding the new application, newspaper adverts where placed in the Limpopo Mirror and Zoutpan Newspapers ( 23 September 2016) and site Notices were placed. In your previous queries you requested that we provide you with an exemption letter for not following the NEMA PP regulations and we advised you that we were conducting the PP according to Chapter 6, Section 41 of the 2014 NEMA EIA Regulations. The scoping report was updated and sent out to registered parties from the previous application as you so however mentioned that they should also be included 2

20 which we have done so. We put up notices and advertised and we have been adding parties who are registering for this process. The reason why we arranged the meeting during the scoping period (which is not against regulation) was due to the fact the we are also doing the MPRDA consultation and we are aware that some of the farms in the area have changed ownership. The issues raised by I&AP s from the previous application are still valid and we would like to afford new parties to raise their issues. This selfish time driven process as you call it is based on the legislation. The scoping report has been released and I&AP s have been given 30 days. As you well know that the scoping report needs to be submitted within 44 days of the submission of the application how do we then give I&AP s 30 days to register and then another 30 days for the review of the draft report and be still within the timeframes?. We are not limiting comments from registered parties but to anyone interested or affected by the project. Jomela appointed specialists who compiled studies and the negative impacts identified have not been masked or hidden to I&AP s. Jomela has not downplayed comments from I&AP s, we have included objections in the consultation reports and made the department aware of these. The issue that water is a problem in the area has been noted and the request for a regional study from IAP s was noted in the minutes. And as part of the IWULA which we are undertaking the DWS will either approve or reject the application for the water use license based on the stressors and water availability of the catchment. A final register plus issues and response report will be included in the final scoping report will be made available to all interested and affected parties. And continuous engagement is not limited to the 30 days of the scoping, if I&AP s request another meeting we will schedule it. It is your prerogative not to attend the meeting but we will still hold the meeting and identify other parties. Kindly regards; Moses From: Mpho Moses [mailto:mmmphephu@gmail.com] Sent: Friday, October 07, :06 AM To: Admin Subject: Fwd: FW: PPP - Universal Coal Development Forwarded message From: <juanita@bokamoso.net> Date: 03 Oct :09 PM Subject: FW: PPP - Universal Coal Development To: "Jomela" <yvonne@jomela.co.za> Cc: <mmmphephu@gmail.com> Dear Yvonne, Thank you for the response. The questions raised in previous correspondence are still unanswered. If this is a new application i.e. previous application lapsed, was the public afforded 30 days to Register as I&APs? If not, could you please provide proof of exemption obtained not to comply with Chapter 6, Section 41 of the 2014 NEMA EIA Regulations. 3

21 Could you please advise on the dates the Public were afforded 30 days to register as I&APs following submission of the new application on 2 September 2016, considering the Scoping Report is already available for public review from 13 September 2016 to 13 October Our concern relates to new land owners which might not have been afforded the opportunity to register. Awaiting your response. Kind Regards/Vriendelike Groete Juanita De Beer Senior Public Participation Consultant & EAP in training Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: juanita@bokamoso.net l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana 0161 From: Jomela [mailto:yvonne@jomela.co.za] Sent: 29 September :18 PM To: juanita@bokamoso.net Cc: mmmphephu@gmail.com; cecilkhosa Subject: RE: Availability of Scoping report for the Universal Coal Development Good Day, 4

22 Your offices are registered as interested and affected parties for this project. Due to difficulties experienced during compilation of the water studies the previous application 10121MR lapsed as interested and affected parties would not have been given a minimum of 30 days to review the reports. As such the new application was lodged and interested and affected parties where notified of the status of the project. Following the NEMA process we advertised in the local papers and via to registered parties. Due to the timeframe restrictions we made note of the status of the previous application as well as availability of the new applications scoping report and as such requested parties to register. I hope all is in order. A public meeting will be held on the 8 th of October at the Waterpoort farmers Association Hall, Regards Yvonne From: juanita@bokamoso.net [mailto:juanita@bokamoso.net] Sent: 29 September :31 To: Jomela <yvonne@jomela.co.za> Cc: mmmphephu@gmail.com Subject: FW: Availability of Scoping report for the Universal Coal Development Dear Yvonne, The telephonic conversation between me and Moses refers. We need response from your office as soon as possible. Thank you. Kind Regards/Vriendelike Groete Juanita De Beer Senior Public Participation Consultant & EAP in training 5

23 Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: juanita@bokamoso.net l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana 0161 From: juanita@bokamoso.net [mailto:juanita@bokamoso.net] Sent: 23 September :40 PM To: mmmphephu@gmail.com; Jomela Subject: RE: Availability of Scoping report for the Universal Coal Development RE: MINING RIGHTS APPLICATION REGARDING THE COAL MINING ON FARMS BERENICE 548 MS, CELINE 547 MS, PORTION 1 OF THE FARM DOORVAARDT 355 MS, REMAINDER DOORVAARDT 355 MS, MATSURI 358 MS, LONGFORD 354 MS AND GEZELSCHAP 395 MS IN MAKHADO LIMPOPO To whom it may concern, Thank you for making the Draft Scoping Report available for review. Bokamoso Landscape Architects and Environmental Consultants would hereby like to register as an Interested and Affected Party on behalf of surrounding landowners/tenants/farmers. Our contact details are as follows: Lizelle Gregory / Anè Agenbacht / Juanita de Beer lizelle@bokamoso.net / info@bokamoso.net / juanita@bokamoso.net Landline: Cell phones: / Fax:

24 It would be appreciated if you could clarify the process being followed as a Scoping Report was published for public review from 5 January 2016 to 4 February Too our knowledge a new application for integrated Environmental Authorisation was submitted to DMR on 2 September If this is a new application i.e. previous application lapsed, was the public afforded 30 days to Register as I&APs? If not, could you please provide proof of exemption obtained not to comply with Chapter 6, Section 41 of the 2014 NEMA EIA Regulations. It is furthermore requested that you keep our office informed of all new information, reports, meetings etc. throughout the remainder of this project. Kindly confirm receipt of the and that you registered this office as an I&AP. Kind Regards/Vriendelike Groete Juanita De Beer Senior Public Participation Consultant & EAP in training Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: juanita@bokamoso.net l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana 0161 From: Mpho Moses [mailto:mmmphephu@gmail.com] Sent: 14 September :36 AM To: paul.ranamane@raminc.co.za; juanita@bokamoso.net; martinvdm@gmail.com; sjpbeerderg@gmail.com; tylangley1@gmail.com; reniercombirink@yahoo.co.za; dave@seifsa.co.za; clientrelations@ruraldevelopment.gov.za; info@agrilimpopo.co.za; Yolanf@ewt.org.za; Hannes.vRensburg@eskom.co.za; freddieramaphakela@gmail.com; molepome@ledet.gov.za; phemep@premier.limpopo.gov.za; tamlyn@mtpa.co.za; infomid@iafrica.com; pramalamula@lp.sahra.org.za; morgan.griffiths@wessa.co.za; advocacy@birdlife.org.za; Siseboka@ruraldevelopment.gov.za; khatshutshelo.netshik@nyda.gov.za; KhorommbiA@ledet.gov.za; makhados@makhado.gov.za; Mpho.Singo@univen.ac.za; makgabaw@premier.limpopo.gov.za; makhadofm@gmail.com; madzusan@premier.limpopo.gov.za; ManyagaLA@coghsta.limpopo.gov.za; 7

25 Admin; Subject: Availability of Scoping report for the Universal Coal Development Dear Interested and affected parties This serves to notify interested and affected parties of the availability of the Scoping Report for public review for 30 days from the 13 th of September to the 13 th of October Reports are available at the Makhado Library, can be sent via and hard-copy upon request. Appendices are available on the following drop box link: Kindly regard, Moses Mphephu Jomela Consulting

26 Jomela From: Sent: To: Cc: Subject: Jomela Monday, 24 October 20165:12 PM RE: Berenice Open Cast Coal Mine Good Day, Moses will send you a copy of the requested documents. We have made contact with the I&AP s on the annexure and we will arrange for them to receive the reports in either Vivo or Waterpoort. Regards Yvonne From: info@bokamoso.net [mailto:info@bokamoso.net] Sent: 20 October :44 To: cecilkhosa@jomela.co.za; yvonne@jomela.co.za Cc: mmmphephu@gmail.com; support@jomela.co.za; rodgersmc@ledet.gov.za; Emily.munyai@dmr.gov.za; 'lizelle' <lizelle@bokamoso.net>; juanita@bokamoso.net Subject: Berenice Open Cast Coal Mine RE: THE DRAFT SCOPING REPORT FOR THE PROPOSED OPEN CAST COAL MINE ON THE FARMS BERENICE 548 MS, CELINE 547 MS, PORTION 1 DOORVAARDT 355 MS, REMAINDER DOORVAARDT 355 MS, MATSURI 358 MS, LONGFORD 354 MS AND GEZELSCHAP 395 MS LOCATED IN MAKHADO, LIMPOPO. DMR REF NR.: LP 30/5/1/2/2 (10121) MS &LP 30/5/1/2/3/2/1 (10121) EM Dear Ms. Yvonne Gutoona Attached please find a letter for your attention regarding the above mentioned project. Kindly confirm receipt of this . Please do not hesitate to contact our office should you have any questions in this regard. Kind regards, Anè Agenbacht Senior Environmental Assessment Practitioner / Manager Tel: Cell: info@bokamoso.net 1

27 Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: lizelleg@mweb.co.za l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana

28 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 Attention: Lizelle Gregory Bokamoso Landscape Architects and Environmental Consultants CC 28 October 2016 Dear Ms Gregory RESPONSE TO COMMENTS REGARDING THE DRAFT SCOPING REPORT FOR UNIVERSAL COAL DEVELOPMENT II (PTY) LTD'S PROPOSED OPEN CAST MINE IN MAKHADO, LIMPOPO Introduction Jomela Consulting (Pty) Ltd ("Jomela / we") has been appointed by Universal Coal Development II (Pty) Ltd ("UCDII") in terms of Regulation 12(1) of the National Environmental Management Act 107 of 1998 ("NEMA") Environmental Impact Assessment Regulations, 2014 ("EIA Regulations") as the independent environmental assessment practitioner ("EAP") to manage the application for environmental authorisation for the proposed open cast coal mine located in Makhado, in the Vhembe district of Limpopo ("proposed mine"). It is intended for the proposed mine to be located on the following farms where UCDII was conducting prospecting activities in terms of a Prospecting Right held by UCDII (No. LP30/5/1/1/2/376PR) Berenice 548MS, Celine 547MS, Portion 1 and Remainder of Doorvardt 355MS, Matsuri 358MS, Longford 354MS and Gezelschap 395MS. The purpose of this note is to respond to the comments that were sent by Bokamoso Environmental Bokamoso Landscape Architects and Environmental Consultants CC ("Bokamoso") via to, inter alia, Jomela, the Department of Mineral Resources ("DMR") and the Limpopo Department of Economic Development, Environment and Tourism ("LEDET") on 14 October 2016 and on 20 October 2016 (the "Bokamoso Objection") Bokamoso is purportedly acting on behalf of certain surrounding landowners, tenants and farmers, however, these landowners, tenants and farmers have not been identified in the Bokamoso Objection. Bokamoso has alleged that Jomela has failed to act independently because the correct public participation process ("PPP") has not been followed and is flawed. We have summarised Bokamoso's objections / comments in this regard as follows: Jomela has only referred to the public participation process and IAP register that was followed as part of the former EA application; no PPP prior or studies conducted prior to submission of EA application; the opportunity provided for IAPs to register expires after submission of the Scoping Report to the DMR and after public meeting & will not have 30 day period to submit comments; some IAPs could not understand the language of the notices & not equipped to register by means of fax or ; Jomela failed to notify all organs of state that could have an interest in the matter;

29 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 Jomela failed to apply for an extension of time for the submission of the Final Scoping Report and the time limits associated with the application will prejudice the IAPs; and additional studies required to be conducted during the EIA process. Each of the Bokamoso comments / objections will be addressed below. Background Previous applications for an environmental authorisation and mining right By way of background, we note that applications for a mining right and an environmental authorisation in respect of the same proposed mining operations were previously lodged with the DMR on 4 December A Scoping Report and Plan of Study for EIA was prepared as part of these applications and submitted to the DMR on 5 February 2016, and accepted on 8 April UCDII was granted a 50 day extension (i.e. until 9 September 2016), to submit the EIA Report and environmental management programme ("EMPR") because of anticipated difficulties with accessing the properties in order to undertake the required environmental studies. UCDII applied for a further extension of the time period in order to submit its EIA Report and EMPR, however, the DMR was not able to grant a second extension. Both the EA application and the mining right application lapsed because it was not possible to give interested and affected parties ("IAPs") 30 days to comment on the water studies prepared as part of the EIA Report and submit the EIA Report and EMPr by the 9 September 2016 deadline. This difficulty arose as a result of the challenges posed by restrictions and limited access to the site, the necessary expansion of the scope of work based on the outcome of the surface water assessment conducted, and the need to separately consult communities with land claims over the proposed mine area. Fresh applications for an environmental authorisation and a mining right Fresh applications for both a mining right and an environmental authorisation were submitted with the DMR on 2 September 2016 ("EA application / MR application").the DMR acknowledged receipt of the EA application on 13 September 2016 and accepted the mining right application on 20 September A Scoping Report was prepared as part of this EA application, and was made available to interested and affected parties ("IAPs") for a 30 day commenting period from 13 September until 13 October The Scoping Report was revised to include details of the PPP and submitted to the DMR on 14 October 2016, in accordance with Regulation 21(1) of the EIA Regulations ("revised Scoping Report"). Responses to the Bokamoso Objection / comments Alleged lack of independence 1 The application for environmental authorisation and for the mining right were accepted by the DMR on 8 December 2014 and 17 December 2014, respectively.

30 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 Bokamoso has alleged that Jomela has not acted as an independent EAP on the basis that the PPP that Jomela has followed in respect of the EA application is flawed. We strongly object to Bokamoso's attack on Jomela's integrity as a respected and independent EAP. As will be seen throughout our responses below, Jomela has complied with the requirements prescribed in terms of NEMA and the EIA Regulations in respect of the EA application, and the associated PPP. As mentioned previously, Jomela has been appointed by UCDII as an independent EAP to manage the EA application process. Jomela has acted in an independent manner at all times throughout the EA application process. We would like to place on record that we have no business, financial, personal or other interest in UCDII's activities or the EA application, other than fair remuneration for our work completed in respect of the EA application. Jomela has only referred to the public participation process and IAP register that was followed as part of the former EA application; As discussed above, a Scoping Report was previously compiled for the proposed mine, and was subject to a comprehensive PPP before being submitted with the DMR on 5 February This Scoping Report complied with all relevant regulations and was accordingly accepted by the DMR on 8 April The previous application lapsed because of issues relating to the time periods associated with the submission of the EIA Report and not because of anything to do with the Scoping Phase of the EA application. The proposed mine has not changed in any material way since the previous Scoping Report was submitted and accepted by the DMR earlier this year. If fact, certain layout changes to the layout have resulted in less impact to the Brak River and riparian area. Furthermore, only approximately 6 months has passed since the DMR accepted the Scoping Report and it is highly likely that the IAPs who were interested in the proposed mine at that time are still interested in being IAPs in respect of the new EA application process. Accordingly, it was entirely appropriate and relevant for the previous PPP information to be submitted to the DMR with the revised Scoping Report. The revised Scoping Report also includes information pertaining to the additional PPP that has been conducted as part of the new EA application process. In this regard, please refer to pages 5, 66 and 67 of the revised Scoping Report. Copies of photographs of the site notices that were placed on 20 September 2016, copies of the advertisements that were published in the Limpopo Mirror and the Zoutpansberger on 23 September 2016 are included in Appendix 1-3 of the Scoping Report. A copy of the presentation from the public meeting that was held on 8 October 2016, the attendance register and meeting minutes have also been included in revised Scoping Report under Appendix 4-6. Furthermore, it is evident that comments and responses from the latest PPP have been included in the Comments and Responses Report which has been included and sent to Bokamoso for their records. Bokamoso's allegation that only the previous PPP that was conducted has been included in the revised Scoping Report is clearly without merit, and should be dismissed. no PPP prior or studies conducted prior to submission of EA application;

31 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 The EIA Regulations do not require a person who is applying for an EA or the appointed EAP to conduct any PPP or specialist studies prior to the submission of an EA application. Regulation 40(3) of the EIA Regulations merely provides that potential or registered IAPs, including the competent authority, may be provided with an opportunity to comment on reports and plans, including Scoping Reports, prior to submission of an application but must be provided with an opportunity to comment on such reports once an application has been submitted to the competent authority. As mentioned above, the revised Scoping Report has not changed in any material way since it was previously submitted to IAPs for comment and accepted by the DMR. Accordingly, the vast majority of the registered IAPs therefore had already had ample opportunity to comment on the Scoping Report, which has not substantially changed, and all of the IAPs were given an opportunity to comment after the EA application was lodged, as required by Regulation 40(3). Given the fact that providing IAPs with an opportunity to comment on the Scoping Report before the submission of the EA application is not peremptory, and that the majority of IAPs had already reviewed the initial Scoping Report, we submit that it was not necessary to conduct additional PPP prior to submission of the EA application. In any event, UCDII has decided to follow the suggestion of the DMR, and the request received from Bokamoso to give the additional parties they identified a further 30 day period of PPP to register and submit comments which we will carry over to the EIA phase. Advertisements were published today in the Limpopo Mirror and Zoutpansberger newspapers in Venda, English and Afrikaans to notify IAPs of this extended PPP. The opportunity provided for IAPs to register expires after submission of the Scoping Report to the DMR and after public meeting & new IAPs will therefore not have a 30 day period to submit comments; As part of the EA application process that commenced on 4 December 2015, the revised Scoping Report had already been subject to extensive PPP, which included the compilation of a detailed register of IAPs and Comment and Responses Report. Nevertheless, because a new EA application (for exactly the same proposed mine), was submitted with the DMR, further PPP was undertaken: IAPs that had already registered as such were notified via on 13 September 2016; The Scoping Report was made available for comments for the required 30 day period (from 13 September until 13 October); a public meeting was held on 8 October 2016; site notices were placed on 20 September 2016; and Advertisements in the Limpopo Mirror and Zoutpansberger were published on 23 September Given that a new EA application was submitted, IAPs were given a 30 day period to comment on the Scoping Report (i.e. from 13 September until 13 October 2016). Jomela extended the PPP to enable any new IAPs to register and comment on the Scoping Report until 23 October The revised Scoping Report was submitted to the DMR on 14 October 2016 in order to ensure that the time period

32 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 within which the Scoping Report is required to be submitted to the DMR (in terms of Regulation 21(1) of EIA Regulations). Following consultation with the DMR, it was decided to extend the PPP for another 30 days in order to provide IAPs a further opportunity to comment on the Scoping Report and to register. Accordingly, as mentioned previously, two advertisements were published on 28 October 2016 in the Limpopo Mirror and Zoutpansberger to notify IAPs of the extended PPP. We trust that the decision to extend the PPP for a further 30 day period will appease Bokamoso's concerns that IAPs did not have 30 days to register and comment on the Scoping Report before it was submitted to the DMR on 14 October Lastly, we would like to point out that although IAPs must be given a period of at least 30 days to comment on the Scoping Report, no timelines are prescribed in terms of the EIA Regulations for purposes of the opening of an IAP register. Regulation 42 of the EIA Regulations simply requires that a register of IAPs must be opened and maintained and submitted to the competent authority. The register must contain the details of all persons who, as a consequence of the PPP conducted in respect of the relevant application, have submitted written comments or attended meetings with the proponent, applicant or EAP; all persons who have requested the proponent or applicant, in writing, for their names to be place on the register; and all organs of state which have jurisdiction in respect of the activity to which the application relates. Jomela has fulfilled these abovementioned requirements of Regulation 42 of the EIA Regulations. Some IAPs could not understand the language of the notices & not equipped to register by means of fax or ; Jomela has published the advertisements in English, Venda and Afrikaans in order that non-english speaking people could also participate in the PPP. Any IAPs who did not have , fax etc were also able to register as IAPs via sms or by phone call. IAPs could also request an alternative method of obtaining information about the EA application and the proposed mine. Indeed, one of the IAPs did request copies of the reports via CD as they did not have internet access and Jomela provided them with this. Hard copies of the Scoping Report were also made available at the Makhado library, Municipality and at Waterpoort. The IAPs who requested Bokamoso to register them on the Jomela database (listed in Annexure A to the Bokamoso letter of 20 October 2016) have also been added to the IAP register. The I&AP s where contacted telephonically and arrangements have been made to deliver the reports at allocation closer to them. Bokamoso's allegation in this regard is unsubstantiated and, in the light of the above information, should be dismissed. Jomela failed to notify all organs of state that could have an interest in the matter; Bokamoso has failed to substantiate its allegation in this regard or indicate what organ of state that could have an interest in the new EA application for the proposed mine was not notified.

33 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 All relevant organs of State were notified of the EA application for the proposed mine, including LEDET, the Department of Water and Sanitation, the Department of Education, Sports and Arts Culture, the Department of Road and Transport, the Limpopo Department for Rural Development, the Department of Agriculture, the Department of Health, the Department of Public Works, the Vhembe District Municipality. Bokamoso's allegation in this regard should accordingly be dismissed. Jomela failed to apply for an extension of time for the submission of the Final Scoping Report and the time limits associated with the application will prejudice the IAPs Jomela was not required to apply for an exemption in terms of NEMA. The revised Scoping Report was submitted within the 44 day period prescribed in terms of Regulation 21(1) of the EIA Regulations and therefore there was no need to apply for an exemption. The IAPs will not be prejudiced in any way as they have already had 30 days to provide comments on the Scoping Report. Furthermore, as discussed above and after consultation with the DMR, it was decided that an additional 30 day PPP would be followed. Advertisements were published on 28 October 2016 to notify IAPs that they have 30 more days within which to provide comments on the Scoping Report and to register as IAPs. We trust that Bokamoso's concerns with regard to the alleged prejudicing of IAPs have been appeased. Additional studies required to be conducted during the EIA process On page 7 of the Bokamoso objection, Bokamoso has referred to a "DBAR" and not to the Scoping Report. This reference is unclear, but we assume Bokamoso is referring to the Scoping Report. Bokamoso has indicated that additional studies should be conducted as part of the EA application process, namely: a detailed wetland delineation; an aquatic assessment; a red data fauna and flora study; a certification of the pre and post construction 1:100 year floodline; and an updated geohydrological assessment A number of specialist studies have already been undertaken as part of the EA application for the proposed mine, namely: an Air Quality Assessment, a Flora Assessment, a Faunal Assessment, a Heritage Impact Assessment, a Soil and Land Capability Assessment, a Traffic Impact Assessment, a Baseline Noise Assessment, a Visual Impact Assessment, a Social Impact Assessment, a Wetlands Impact Assessment, a Groundwater Assessment, a Surface Water Assessment, and an assessment of the floodlines. However, in an effort to appease Bokamoso and its clients' concerns, UCDII has agreed that the additional specialist studies that Bokamoso has indicated should be commissioned in the Bokamoso Objection, will also be undertaken if required by the DMR: a Wetland Delineation of the pan on Matsuri, an Aquatic Assessment, a Red Data Fauna and Flora Study, a certification of the pre and post construction 1:100 year floodline, as well as an updated geo-hydrological assessment. Conclusion As evidenced from our above response, it is clear that UCDII and Jomela are dedicated to ensuring that the EA application process complies with NEMA and the EIA Regulations and that the process is

34 Tel Fax Web Postnet Box 215 Private Bag X1 Woodhill Gauteng 0076 as inclusive as possible. The objections raised in the Bokamoso Objection have been more than adequately responded to by Jomela and should be dismissed. Any statement or allegation raised in the Bokamoso Objection that has not been addressed in this response, or in the response, is not an admission by UCDII or by Jomela. We reserve our right to respond more fully in person to any of Bokamoso's allegations raised in the Bokamoso Objection. Please let us know if you require any further information. Yours sincerely Jomela Consulting to: Ms Lizelle Gregory Copied to: Ms Melinda Rodgers Ms Emily Munyai

35 Jomela From: Sent: To: Cc: Subject: Attachments: Jomela Thursday, 16 February 20179:33 AM 'lizelle';'mpho Moses'; RE: Berenice Open Cast Coal Mine Berenice scoping acceptance.pdf; RE: DRAFT SCOPING REPORT FOR THE PROPOSED OPEN CAST COAL MINE - OBJECTION Good Day, I have responded inline for ease if reference. Yvonne From: info@bokamoso.net [mailto:info@bokamoso.net] Sent: Tuesday, 14 February :28 PM To: Jomela <yvonne@jomela.co.za> Cc: lizelle <lizelle@bokamoso.net>; Mpho Moses <mmmphephu@gmail.com>; support@jomela.co.za; juanita@bokamoso.net; cecilkhosa@jomela.co.za Subject: RE: Berenice Open Cast Coal Mine Good day Yvonne Your of 18 January 2017 refers. We requested to be updated with the status and progress of the project. However we were provided with additional information that was submitted. An update and additional information was requested from your offices. We submitted the scoping report and it was accepted on the 15th of November 2016(attached). Please confirm on which date the Final Scoping Report was submitted (if at all) to the relevant Authority. It is felt that the information provided to us is confusing and does not make sense as the newspaper advertisement (dated 28 October 2016) attached to the available additional information send to us on 18 January 2017 is merely inviting I&APs to register as an interested and or affected party. At this stage it was believed that the Final Scoping Report was already submitted to the Department. It is therefore strange that the newspaper advert was placed after the Final Scoping Report was submitted for consideration and approval by the Competent Authority. The issue regarding the second advert was to addressing the issues raised by Bokamoso and we sent a formal response to your offices on the 28th of October 2016 (attached for ease of reference). This was an additional advert to notify I&AP s that they could still register and comment on the project. We also received an whereby the Department granted a 50 day extension of time for the project. Please confirm for which phase of the project is the 50 days granted. The being referred to states that the extension is for the EIA phase. Also please provide our office with a copy of the Scoping Approval letter from the Competent Authority if you are now in the EIA phase. Attached Kindly provide us with timeframes and dates of when which report was submitted where (The scoping report was submitted on the 14th of October, upon receipt of Bokamoso objections on the 20th we further re-advertised and submitted the additional information on the 21st of October and on the 2 nd of November 2016). Also kindly inform us where this project is in the process as we are truly uncertain with the information at hand. We are currently in the EIA phase and in the process of finalising the water studies updates. The EIA/EMPr will be made available to 1

36 I&AP s in March (Dates to be confirmed) for 30 days. Is you have any further queries please feel free to contact me on Your feedback and assistance in this regard will be appreciated. Kind regards, Anè Agenbacht (on behalf of Lizelle Gregory Owner of Bokamoso) Senior Environmental Assessment Practitioner / Manager Tel: Cell: info@bokamoso.net Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: lizelleg@mweb.co.za l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana 0161 From: Jomela [mailto:yvonne@jomela.co.za] Sent: 18 January :50 AM To: info@bokamoso.net Subject: RE: Berenice Open Cast Coal Mine Good Day, Please find attached the additional documents that where submitted to the department. We are currently having the water studies being reviewed and updated. Once we have an expected date on when the reports will be ready we will let you know regarding the timelines. Kind Regards Yvonne From: info@bokamoso.net [mailto:info@bokamoso.net] Sent: 17 January :56 To: Mpho Moses <mmmphephu@gmail.com> Cc: Jomela <yvonne@jomela.co.za>; support@jomela.co.za; juanita@bokamoso.net; lizelle@bokamoso.net; cecilkhosa@jomela.co.za Subject: RE: Berenice Open Cast Coal Mine Good day Moses/ Yvonne Your and information sent to our office on 24 October 2016 regarding the above mentioned project refers. The of 24 October 2016 is attached for ease of reference. 2

37 Please could you confirm exactly what was submitted on the 24 th of October Kindly also confirm what the status of the project is and where you are in the process. Hope to hear from you soon. Kind regards, Anè Agenbacht Senior Environmental Assessment Practitioner / Manager Tel: Cell: info@bokamoso.net Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: lizelleg@mweb.co.za l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana 0161 From: Mpho Moses [mailto:mmmphephu@gmail.com] Sent: 24 October :43 PM To: lizelle@bokamoso.net; juanita@bokamoso.net; info@bokamoso.net Cc: Jomela; support@jomela.co.za Subject: RE: Berenice Open Cast Coal Mine Good Evening, Please find the attached documents as requested. Kindly regard Moses Mphephu On 24 Oct :12 PM, "Jomela" <yvonne@jomela.co.za> wrote: Good Day, Moses will send you a copy of the requested documents. We have made contact with the I&AP s on the annexure and we will arrange for them to receive the reports in either Vivo or Waterpoort. 3

38 Regards Yvonne From: Sent: 20 October :44 To: Cc: 'lizelle' Subject: Berenice Open Cast Coal Mine RE: THE DRAFT SCOPING REPORT FOR THE PROPOSED OPEN CAST COAL MINE ON THE FARMS BERENICE 548 MS, CELINE 547 MS, PORTION 1 DOORVAARDT 355 MS, REMAINDER DOORVAARDT 355 MS, MATSURI 358 MS, LONGFORD 354 MS AND GEZELSCHAP 395 MS LOCATED IN MAKHADO, LIMPOPO. DMR REF NR.: LP 30/5/1/2/2 (10121) MS &LP 30/5/1/2/3/2/1 (10121) EM Dear Ms. Yvonne Gutoona Attached please find a letter for your attention regarding the above mentioned project. Kindly confirm receipt of this . Please do not hesitate to contact our office should you have any questions in this regard. Kind regards, Anè Agenbacht Senior Environmental Assessment Practitioner / Manager Tel: Cell:

39 Landscape Architects & Environmental Consultants T: (+27) l F: (+27) l E: lizelleg@mweb.co.za l 36 Lebombo Street, Ashlea Gardens, Pretoria l P.O. Box Maroelana

40 To: Cc: Subject: Attachments: 'Jomela'; NOTICE OF EXTENSION OF THE ENVIRONMENTAL IMPACT ASSESSMENT PHASE PERIOD 50 Day extension letter.pdf Dear Interested and/or Affected Party EIA: THE PROPOSED OPEN CAST COAL MINE ON THE FARMS BERENICE 548 MS, CELINE 547 MS, PORTION 1 DOORVAARDT 355 MS, REMAINDER DOORVAARDT 355 MS, MATSURI 358 MS, LONGFORD 354 MS AND GEZELSCHAP 395 MS LOCATED IN MAKHADO, LIMPOPO. DMR REF NR: LP 30/5/1/2/2 (10131) MS & LP 30/5/1/2/3/2/1 (10131) EM NOTICE OF EXTENSION OF THE ENVIRONMENTAL IMPACT ASSESSMENT PHASE PERIOD Jomela would like to take this opportunity to inform you that the Department of Mineral Resources has granted Universal Coal Development II Pty Ltd. a 50 day extension (in terms of NEMA 2014 regulations) of the Environmental Impact Assessment phase and the extension letter is attached for your records. Jomela will send a proposed schedule once the amendments of our reports has been finalised. We would like to thank those who have already registered as interested and affected parties, and those who had not yet registered, to please do so by contacting our Public Participation Team. Please note that all comments received will be captured in the Issues and Responses Report. For additional information regarding this proposed project, please contact the Public Participation Office: Nhlahla Khosa- support@jomela.co.za Moses Mphephu- admin@jomela.co.za Landline: