Case Decision - 197197

Final Comment
The following comments are made as a requirement in terms of section 3(4) of the NEMA Regulations and section 38(8) of the NHRA in the format provided in section 38(4) of the NHRA and must be included in the Final BAR and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit has no objections to the proposed development;
38(4)b – The recommendations of the specialists are supported and must be adhered to. Further additional specific conditions are provided for the development as follows;
Roadside crash barriers must be installed between the road and the edge of identified sites as part of the 5 m buffer recommended by the heritage specialist. These barriers must be monitored and replaced when damaged;
If it not possible to avoid site 578, a permit in terms of section 35 of the NHRA must be applied for prior to the construction phase. No construction may occur until the permit has been received and all conditions met;
No stormwater runoff may be allowed to be channelled into or within 5 m any of the identified heritage sites. Storm water infrastructure must be designed to ensure no runoff from the road during the construction or operational phase occurs;
Monitoring reports from the ECO during the construction phase must be submitted upon completion of the construction phase;
Monitoring during the rainy season of any runoff from the road into the identified sites must be conducted by the ECO and if any adverse impacts such as erosion occur, reports must be submitted to SAHRA for further comment and recommendations;
The Interim Comment for Case ID 9622 must still be complied with;
38(4)c(i) – If any evidence of archaeological sites or remains (e.g. remnants of stone-made structures, indigenous ceramics, bones, stone artefacts, ostrich eggshell fragments, charcoal and ash concentrations), fossils or other categories of heritage resources are found during the proposed development, SAHRA APM Unit (Natasha Higgitt/Phillip Hine 021 462 5402) must be alerted as per section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
38(4)c(ii) – If unmarked human burials are uncovered, the SAHRA Burial Grounds and Graves (BGG) Unit (Thingahangwi Tshivhase/Mimi Seetelo 012 320 8490), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
38(4)d – See section 51 of the NHRA for offences;
38(4)e – The following conditions apply with regards to the appointment of specialists:
If heritage resources are uncovered during the course of the development, a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the heritage resource. If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA;
The Final Motivation Report and EMPr must be submitted to SAHRA for record purposes;
The decision regarding the EA Amendment Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.