Licence Number: 24088559 55% - Engages File Number. tee as: water after rs Department: By Registered Malt my. WaterAffairs . 4x REPUBLIC OF SOUTH AFRICA Private Bag X313, Pretoria 000,8edibeng Building, 185 Schoeman Street, Pretoria Tel: 012 336 7500Fax: 012 323-44 72/ 012 326-2715 LICENCE IN TERMS OF CHAPTER 4 OF THE NATIONAL WATER ACT, 1998 (ACT NO. 36 OF 1998) (THE ACT) I. Deborah Gabaakelwe Mochotihi, in my capacity as Project Manager: Letsema in the Department of Water Affairs and acting under authority of the powers delegated to me by the Minister of Water and Environmental Affairs. hereby authorise the following water uses in respect of this licence. LICENCE NO. 24088559 1. Water User: Optimum Coal Mine (Pty) Postal Address of applicant: Private Bag X1201 Pullenshope 1096 2. Water Uses This licence is issued for the following water use in terms of the Act, 2.1 Section 21(a) of the Act: Taking of water from a water resource, subject to the conditions set out in Appendices and it. 2.2 Section 21(b) of the Act: Storage of water, subject to the conditions set out in Appendices and it]. 2.3 Section 21(f) of the Act: Discharging waste or water containing waste into a water resource. subject to the conditions set out in Appendices and IV. 2.4 Section 21(g) of the Act: Disposing of waste in a manner which may have detrimentally impact on a water resource, subject to the conditions as set out in Appendices and V. 0085 2 Licence Number. 24088559 File Number. 151'2/7i31001C591 3. Properties on which the use will be exercised 3.1 Section 21(a) of the Act: Remaining Extent 3 of the farm Pullenshopet 55 is 32 Section 2109) of the Act: Il'?emammg Extent 3 of the farm Pullenshope 155 3.3 Section 210?) of the Act: lRsemamlng Extent 3 of the farm Pullenshope 155 3.4 Section 21 of the Act Remaining Extent 3 of the farm Pullenshope 155 IS 4. Registered owners of the Properties 4.1 Optimum Coal Mine (Pty) 5. Licence and Review Period This licence is valid for a period of twenty (20) year(s) from the date of issuance and it will be reviewed every ?ve (5) year(s). 6. De?nitions ?Any word or term defined under the Act shall have the same meaning as de?ned in the Act, unless otherwise Speci?cally stated." ?The Regional Chief Director? means the Chief Director Mpumalanga: Department of Water Affairs, Private Bag 11259, Neispruit, 1200. ?Report? refers to the following documentations and communications (emails, letters, verbal, etc) related thereto. (3) Optimum Mine Water Reclamation Scheme Water Use License Application Volume 1 dated March 2008 for Optimum Mine as compiled by Golder Associates for Optimum Mine; Specialist Report on the Impact of Abstracting Water from Optimum Colliery on the Water Resources of the Middleburg Dam Catchment, (0) Mine water balance and inter-mine Flow for Optimum Colliery, December 2006, Design Drawings, Sludge and Brine Feasibility Study dated December 2007, Stormwater runoff and catchment boundaries, Environmental impact Assessment?Final Environmental Impact Assessment Report, December 2007 and Optimum Mine Water Reclamation Scheme WULA Communication between Department of Water Affairs Optimum/6AA July 2008?September 2008. Proigc; Manageri Letserna 3 Licence Number: 24088559 File Number: Record of Decision from Mpumalanga Department of Agriculture and Land Administration dated 2008/09/08. Golder Associates Africa (Pty) Ltd, Report on the evaluation of the available Hydrogeological information and desktOp of the potential impact on the groundwater regime for water reclamation plant at Optimum Colliery, Report Number dated March 2007. institute for Groundwater Studies, Geohydrological investigation at the Optimum Colliery to evaluate the sludge and brine disposal facility locations: Report Number 1IOPT2, dated November 2007. Design report of Optimum Water Reclamation Project Design of the sludge and Brine Diaposal' reject @nagerz Let's?ema 10. 11. - 4 .. Licence Number?. 24088559 File Number. t?lZ?lBlOOi0591 APPEN DIX CONDITIONS FOR ALL WATER USES The responsibility for complying with the provisions of the licence is vested in the licensee and not any other person or body. The licence is subject to all applicable provisions of the Act. The licence shall not be construed as exempting the licensee from compliance with the provisions of the National Environment Management Act, 1998 (Act 107 of 1998), the Health Act, 2003 (Act 61 of 2003), the Environment Conservation Act, 1989 (Act 73 of 1989), the Occupational Health and Safety Act, 1993 (Act 85 of 1993) or any other applicable Act, Ordinance, Regulation or By?law. The licensee shall immediately inform the Regional Chief Director of any change of name, address, premises and/or legal status. if the property mentioned in Clause 3 above is subdivided, sold or consolidated, the owner (3) of new property (ies) must enter into written mutual agreement and notify this Department or the responsible authority within 80 days after the said transaction took place. The intended sub?division or consolidation of any water use entitlement must be presented to the responsible authority for comments. If a water user association is established in the area to manage the resource, membership of the licensee to this association is compulsory and rules and water management stipulations of the association must be adhered to. The licensee shall be responsible for any water use charges or levies imposed from time to time by a responsible authority or Department in terms of raw water Pricing Strategy, Waste Discharge Charges, Water Resource Management Charge of the Department, or any other water charge or levies that might be imposed in terms of the appropriate legislation. The licensee shall be responsible for appointment of a responsible person(s) who will give effect to the Various licence conditions and to ensure compliance thereof. The licence shall conduct an annual internal audit on compliance with the conditions of licence. A report on the audit shall be submitted to the Regionai Chief Director within one month of the ?nalisation of the audit. The licensee shall ensure that the Government Notice 704, regulations on use of water for mining and related activities aimed at the protection of water resources is implemented. The licensee may not take more water than the minimum required for the management of excess mine water. Project mm - 5 .. Licence Number: 24088559 File Number. 16WI81007C591 APPENDIX ll Section 21 of the Act: Taking water from a water resource 1. This licence authorises the taking of a maximum quantity of ?ve million four hundred and seventy; ?ve thousand cubic metres (5 475 000 In 3) of water per annum from the following locations: Pullenshope opencast; Zevenfontein West and East, Optimus; Bothashoek and Pullenshope underground. The water from these locations will be stored in the evaporation dam located on Remaining Extent 3 of the farm Pullenshope 155 IS from where it will be transferred into the water reClamation scheme plant. The quantity of water authorised to be taken in terms of this licence may not be exceeded. The quantity of water taken from the above mentioned locations including Pullenshope Evaporation Dam shall be metered and recorded at the inlet to the water reclamation plant. The licensee shall follow acceptable construction, maintenance and operational practices to ensure the consistent effective and safe performance of the intake tower infrastructure and associated pipelines that will be used to convey water from the evaporation dam into the treatment plant facility The licensee shall ensure that all measuring devices are properly maintained and are in good working order and must be easiiy accessible. This shall include a programme of checking, calibration, and/or renewal of measuring devices. The water taken from the evaporation dams shall be measured as follows: 7.1 The daily quantity of water taken must be metered or gauged and the total recorded at the last day of each month; and 7.2 The license shall keep record of all taken and a copy of the records shall be forwarded to the Regional Chief Director every six (6) months from the date issuance of this licence. No water taken may be pumped stored diverted or alienated for purposes other than intended in this licence, without written approval by the Minister or his/her delegated nominee. The quantity of water treated in the Optimum Water Reclamation plant must be accurately metered and recorded by installing flow?metering devices on all main water use circuits. Project llama 1Licence Number: 24088559 File Number: 16i2r?f3100iC591 APPEN DIX Ill Section 21 of the Act: Storing of water STORING OF WATER The licensee is authorised to store treated water in two reservoirs. Five thousand ?ve hundred cubic metres (5 500 m3) per reservoir of treated water in the reservoirs located at Remaining Extent 3 of the farm Pullenshope 155 IS. Reservoirs should be constructed in a manner described in the Environmental Management Plan Report and any negative impact associated with their construction must be mitigated according to the Environmental Management Plan Report (8601/1049l32/E) and the Record of decision (ROD) issued by the Mpumalanga Department of Land and Administration (MDALA). The licensee must obtain any proprietary rights or servitudes'at his own cost. The licensee is not indemnified from any detrimental effect that the dart-1(3) may have on other properties. The Department does not accept any responsibility or liability for any damages or losses that may be suffered by any other party as a result of the construction and utilisation of the dams. No additional water storage facilities can be constructed on the property without prior written consent of the Minister or responsible authority. Project MW 7 .. Licence Number. 24088559 File Number: APPENDIX lV Section 21 of the Act: Discharging waste or water containing waste into a 1.1 1.2 1.3 2.1 3.1 water resource through a pipe, canal, sewer, sea-outfall or other conduit CONSTRUCTION AND OPERATION The licensee must ensure that the disposal of the treated water from the water reclamation system and the operation and maintenance of the system are done according to the provisions contained in the Report. The licensee shall use acknowledged methods for sampling and the date, time and sampler must be indicated for each sample. Flow metering devices shall be maintained in a sound state of repair and calibrated by a competent person at intervals of not more than once in two years. Calibration certificates shall be available for inspection by the Regional Chief Director or his representative upon request. DISCHARGE OF TREATED WATER The licensee is authorised to discharge treated water of a maximum quantity of ?ve million four hundred and seventy ?ve thousand cubic metres (5 475 000 m3) of treated water on the farm located Remaining Extent 3 Pullenshope 155 IS per annum into the Woestalleen Spruit. The licensee shall ensure that the minimum of three hundred and twenty thousand cubic metres (320 000 m3) per annum is discharged into the spruit. QUALITY OF TREATEDWATER TO BE DISPOSED The quality of treated water disposed of into the clean water diversion ?owing to the Boschmanskop Dam shall not exceed the following limits as speci?ed in Table ?l betow: Table 1: Quaiity of waste water to be discharged Water Quality Parameter Unit- S-AWQG Domestic Water use . ..TWQR Colour 0?15 Conductivity at mS/m 0-70 Total Dissolved Solids 0~450 Odour TON 1 pH at 6.0-9.0 Taste FTN - Turbidity NTU 0?1 Project Nigger: Letsema 4.1 3 . Licence Number. 24088559 File Number: 16l2mB100lC591 Chemical Requirement Macro Determinants Ammonia as 0?1.0 Calcium as Ga mg/l 0-32 Chloride as Cl 0-100 Fluoride as 0-1.0 Magnesium as Mg 0?30 Nitrate and Nitrite as mg/I' 0-6 Potassium as mg/l 0-50 Sodium as Na 0-100 Sulphate as 804 mg/l 0-200 Zinc as Zn mg/l 0-3 - Chemical Requirements- Micro Determinants Aluminium as Al ugll 0-150 Arsenic as As ugll 0-10 Cadmium as Cd Jig/l 0?5 Chromium as Cr ug/l 0?0.050 Copper as Cu pg}! 0?1000 Iron as Fe 0-100 Lead as Pb pg/l 0-10 Manggnese as Mn pg/I 0-50 Mercury as Hg jg/l 0-1 Selenium as Se pg/I 0-20 Vanadium pg}! 0-1 00 . ChemiCal Requirements Organic Determinants Dissolved organic carbon ugll 0?5 as Total trihalomethane ug/l 0-100 Phenols ugll 0?1 MONITORING The licensee shall monitor water resources at the following locations as described on the Report to determine the impact of the facility and other activities on the water quality by taking samples at the monitoring points described in Table 2: Prefect mama 4.2 - 9 - Licence Number. 24088559 File Number. 161371810010591 Table 2: Monitoring points Locality Description co-ordinate co-ordinate OWRP Water reclamation feed T80 T80 quality OWRP Water reclamation piant T80 T80 product quality - OWRP Reservoir water quality T80 T80 before being sent to the municipality. 404 Treated water discharge to clean water canal - flowing to the Boschmanskop Dam (?nal point of discharge from the clean water diversion system) 421 of the discharge point in the Western Woestalleenspruit (dam south of PullenshOpe Village) TBC: To be confirmed OWRP: Optimum water reclamation plant The variables listed heretinder in table 3 shall be monitored at the monitoring points described in 4.1, monitoring shall be conducted and the result of the monitoring shall be submitted to the Regional Chief Director on a basis. Table 3: Variable tobe monitored at the monitoring points listed in Table 2 Water Qualitl Parameter Unit Colour mg/lPt Conductivity at Total Dissolved Solids Odour TON at Turbidity NTU Chemical Requirement?Mada. Determinants Ammonia as mg/l Calcium as Ca mg/l Chloride as Cl Fluoride as mg/l Project immune 4.3 4.4 ~10 Licence Number. 24088559 File Number. 16l2fi?lBi 00213591 Magnesium as Mg mg/I Nitrate and Nitrite as mg/l Potassium as mg]! Sodium as Na Sulphate as 804 mg/l Phosphate as mg/l Zinc as Zn Chemical Requirements- Micro Determinants Aluminium as Al ugll Antimony as Sb ug/l Arsenic as A5 ugll Cadmium as Cd ug/l Chromium as Cr ugll Cobalt as Co ugll Capper as Cu pgli Cyanide (recoverable) as GM pg/l iron as Fe ugII Lead as Pb ug/I Manganese as Mn rug/I Mercury as Hg Nickel as Ni pg/l Selenium as Se Vanadium ug/l I . ChemiCal Requirements Organic. Determinants Dissolved organic carbon as ug/l Total trihalomethane pg/I Phenols ug/l The date, time and moniton?ng point i respect of each sample taken shall be recorded together with the results of the analysis. Monitoring points shall not be changed by the Regional Chief Director, the prior to noti?cation to and written approval o?ordinates for the monitoring points that have not been submitted shall be submitted to the Regional Chief Director within six (6) months of issuance of this licence. Project mama 4Licence Number: 24088559 File Number. An Aquatic Scientist approved by the Regional Chief Director must establish a monitoring programme for the following indices: invertebrate Habitat Assessment System and the latest SASS (South African Scoring System). Sampling must be done once during the summer season and once during the winter season, annually, to re?ect the status of the Western Woestalleen Spruit upstream and of the mining activities. Toxicity testing to be performed on the Woestalleen Spruit, of the water discharge on a quarterly basis in order to determine the risks to the receiving environment. The data gathered'in the investigation must be reported annually during March of each year to the Regional Chief Director. If any toxicity levels as speci?ed is exceeded, the licensee must institute an investigation to determine the cause of toxicity. The licensee shall participate in any initiative such as Direct Estimation of Ecological Effect Potential to determine the toxicity of treated mine water discharges. Both acute and chronic toxicity must be addressed and at least three taxonomic groups must be present when toxicity tests are performed. Analysis shall be carried out in accordance with methods prescribed by and obtainable from the South African Bureau of Standards (SABS), in terms of the Standards Act, 1982 (Act 30 of 1982). The methods of analysis shall not be changed without prior noti?cation to and written approval by the Minister. WATER RESOURCE PROTECTION The impact of the activities of the mine on the Woestalieenspruit shalt not exceed the discharge water quality parameters detailed in Table 1. REPORTING The iicensee shall update the mine water baiance annually and calculate the loads of waste emanating from the mining activities. The licensee shall determine the contribution of their activities to the mass balance for the Klein Olifants River catchment water resource and must furthermore co?operate with other water users in the catchment to determine the mass balance for the water resource reserve compliance point. The licensee shall submit the results of analysis for the monitoring requirements to the Regional Chief Director on a biannual basis under Reference number 1612/7/8100/0591. STORM WATER MANAGEMENT Stormwater leaving the licensee's premises shail in no way be contaminated by any substance, whether such substance is a solid, liquid, vapour or gas or a combination thereof which is produced, used, stored, dumped or spilled on the premises. Project mine 7Licence Number. 24088559 File Number. 16m18100l0591 increase runoff due to vegetation clearance andlor soil compaction must be managed. and steps must be taken to ensure that storm water does not lead to bank instability and excessive levels of silt entering the stream. Storm?water shall be diverted from the water treatment plant and roads and shall be managed in such a manner as to disperse runoff and concentrating the storm? water flow. Where necessary works must be constructed to attenuate the velocity of any storm?water discharge and to protect the banks of the affected watercourses. Storm-water control works must be constructed, operated and maintained in a sustainable manner throughout the impacted area. increased runoff due to vegetation clearance andlor soil compaction must be managed, and steps must be taken to ensure that storm?water does not lead to bank instability and excessive levels of silt entering the streams. All storm?water that would naturally run across the pollution areas shall be diverted via channels and trapezoidal drains designed to contain the 1:50 year ?ood. The polluted storm water. captured in the storm water drains shall drain to the existing polluted mine water system and shall not decent to the natural water streams and rivers. PLANT AREAS AND CONVEYANCES Pollution caused by spills. from the conveyances must be prevented through proper maintenance and effective protective measures especially near all stream crossings. All reagent storage tanks and reaction units must be supplied with a bunded area built to the capacity of the facility and provided with sumps and pumps to return the spilled material back into the system. The system shall be maintained in a state of good repair and standby pumps must be provided. Any hazardous substances must be handled according to the relevant legislation relating to the transport, storage and use of the substance. Any access roads or'temporary crossings must be: 8.4.1 non?erosive, structurally stable and shall not induce any flooding or safety hazard and 8.4.2 be repaired immediately to prevent further damage. Access CONTROL Strict access procedures must be followed in order to gain access to the property. Project ?flanges;E er: Letsema .92 9.3 10. 10.1 10.2 10.3 11. 11.1 11.2 - 13 - Licence Number: 24088559 File Number. 1612:7181 0010591 Access to the water treatment plant must be limited to authorised employees of the licensee and their Contractors only. Notices prohibiting unauthorised persons from entering the controlled access areas as well as internationally acceptable signs indicating the risks involved in case of an unauthorised entry must be displayed along the boundary fence of these areas. CONTINGENCIES Accurate and up~to?date records shall be kept of all system malfunctions resulting in non-compliance with the requirements of this licence. The records shall be available for inspection by the Regional Chief Director upon request. Such malfunctions shall be tabulated under the following headings with a full explanation of all the contributory circumstances: 10.1.1 operating errors 10.1.2 mechanical failures (including design, installation or maintenance) 10.1.3 environmental factors (eg. ?ood) 10.1.4 loss of supply services (eg. power failure) and 10.1.5 other causes. The licensee must, within 24 hours, notify the Regional Chief Director of the occurrence or potential occurrence of any incident which has the potential to cause, or has caused water pollution, pollution of the environment, health risks or which is a contravention of the licence conditions. The licensee must, within 14 days, or a shorter period of time, as speci?ed by the Regional Chief Director, from the occurrence or detection of any incident referred above, submit an action plan, which must include a detailed time schedule, to the satisfaction of the Regional Chief Director of measures taken to: 10.3.1 correct the impacts resulting from the incident 10.3.2 prevent the incident from causing any further impacts and 10.3.3 prevent a recurrence of a similar incident. AUDITING The licensee shall conduct an annual internal audit on compliance with the conditions of this licence. A report on the audit shall be submitted to the Regional Chief Director within one month of ?nalisation of the report, and shall be made available to an external auditor should the need arise. The licensee shall appoint an independent external auditor to conduct an annual audit on compliance with the conditions of this licence. The ?rst audit must be conducted within 3 (three) months of the date this licence was issued and a report on the audit shall be submitted to the Regional Chief?Director within one month of finalisation of the report. it Project must 12. 12.1 12.2 12.2.1 12.3 - [4 Licence Number: 24088559 File Number; 16i2?iB100i?C591 INTEGRATED WATER AND WASTE MANAGEMENT The licensee must ensure that the Integrated Water and Waste Management Plan (IWWMP) is reviewed annually and submitted to the Regional Chief Director for approval A framework with time schedules for the development of this shall be submitted to the Regional Chief Director and the Director: Resource Protection and Waste within six months from the date of issuance of this licence. The plan shall include but not limited to the following investigations: A process water balance that must include measures to minimise water consumption, waste water production, collection, containment and treatment and re?use for industrial purposes. The licensee must, at least 180 days prior to the intended closure of any facility, or any portion thereof, notify the Regional Chief Director of such intention and submit any final amendments to the and ?nal Closure Plan, for approval. Project - 15 - Licence Number. 24088559 File Number: APPENDIX Section 21(9) of the Act: Disposal of waste in a manner which may detrimentally impact on a water resource 1. DISPOSAL OF BRINE IN A MANNER WHICH MAY DETRIMENTALLY ON WATER RESOURCE 1.1 No industrial wastewater or water containing waste shall be disposed of or stored onto any land, into any pond, dam or any other structure whatsoever, except for the disposal as authorised in the conditions speci?ed in this licence. 1.2 The quantities and composition of the brine waste authorised to be disposed of in terms of this licence may not be changed without prior authorisation from the Regional Chief Director. 1.3 The water levels off all brine disposal ponds shall be recorded for the: 1.3.1 The brine pond at Water treatment plant 1.4. The licensee is authorised to construct, operate and maintain the brine pond at the Optimum Brine Pond Facility for the purpose of disposal through natural evaporation. 1.5 The brine pond shall be lined according to the hazardous lagoon speci?cations as per the Minimum Requirements of the Department of Water Affairs and Forestry for Waste Disposal by Landfill (DWAF, 1998), to avoid contamination of the groundwater and subsoil. 1.6 The brine pond shall have a leakage detection and collection system. All leakage shall be conveyed back to the ponds for evaporation. 1.7 Bn?ne ponds operated on the licensee's premises must be constructed, operated and maintained in such a manner that it is not likely to spill into any clean water system more than once in 50 years. 1.8 The brine pond must be designed, constructed, maintained and operated to have a minimum freeboard of 0.8 metres above full supply level, unless otherwise speci?ed in terms of Chapter 12 of the Act. 1.9 The operational storage capacity of the brine pond at the water treatment plant shall be 360 000m3. 2. General 2.1 The brine dam systems must be operated under appropriate supervision and maintained in such a manner as to ensure that: 2.11 Wave action created by wind does not erode the inner sides of the pond walls; Project %&ma 3.1 3.2 3.3 4.1 4.2 4.2.1 4.2.2 16 Licence Number: 24088559 File Number: 16f2i7ii3100!0591 a minimum freeboard of 0.8 metres be maintained for the brine dam above the expected maximum water level which is based on the average rainfall figure for the catchment area concerned, plus the maximum precipitation to be expected over a period of 24 hours with a frequency of once in every 50 years, less the gross mean evaporation for the area. if, in the opinion of the Regional Chief Director, the brine ponds fail to meet the requirements of this licence or otherwise constitutes a water pollution hazard, the licensee must take such appropriate steps as may be deemed necessary by the Regional Chief Director. Contour walls or furrows must be provided around the brine dam system to prevent stormwater ingress or erosion of the evaporation pond walls and any wastewater from entering any river or stream. Dam safety requirements The Operating Manual of the dam facilities shall include a water management plan that describes capacity and operating methods for the components of the water management system such as the minimum freeboardr The relevant components of?the water management system, of which the darn facilities are an integral part, should be designed to retain the run-off for a 24? hour duration storm event with a 50 year recurrence interval maintaining a minimum freeboard of 0.8 metres. The capacity should be over and above the operating capacity. The licensee shall manage and operate the facility in accordance with the design plans and speci?cations. Not withstanding these speci?cations, the operator of the facility should advise the professional person on any circumstances or aspect of the facility that, according to his operating eXperience, might either endanger the integrity of the dam facility or present a risk to the public or the environment. Waste minimisation, disposal,'and rehabilitation The construction and operation of the brine ponds shall be carried out under supervision of a Professional Civil Engineer, registered under the Engineering Profession of South Africa Act, 1990 (Act 114 of 1990), as approved by the designer. The licensee shall implement the following erosion protection measures: The slopes of the brine ponds and benns shall be vegetated as soon as practically possible with appropriate seed mix. All disturbed areas shall be vegetated as soon as practicaliy possible with appropriate vegetation. Areas that fail to establish vegetation cover must be re? seeded immediately. Project {lamina 4.2.3 4.2.4 4.2.5 4.2.6 4.2.7 - 17 Licence Number: 24088559 File Number: 16i2ii??8100l0591 Where disturbed areas cannot be vegetated during the life operations of the dam, erosion control measures shall be implemented on all slopes exceeding 2% and engineered control measures on all slopes exceeding 15%. Alien vegetation shall not be allowed to colonise the area and all new alien vegetation recruitment must. be eradicated or controlled, suing standard methods approved by the Department. Loose sack gabi0ns (biodegradable sacks ?lled with soil and Cynodon dacrylon seed) shall be placed within and/or around eroded areas. The erosion zone shall be back?lled and seeded with appropriate seed mix, which will predominantly consist of creeping grasses. The licensee shall provide a detailed stormwater management plan for brine ponds. The stonnwater management plan shall include detaiis of the following: 4.2.7.1 Separation of clean and dirty water runoff; and 4.2. 7.2 Surface water- control measures. 4.3 4.4 4.5 4.6 4.7 4.8 The groundwater monitoring programme shall include water level monitoring, rainfall records, brine deposition data, and hydrochemistry. The hydrochemistry shall include: pH, electrical conductivity, total dissolved solids, calcium, magnesium, sodium, potassium, silica, chloride, total alkalinity, sulphate, nitrate, ?uoride, iron, manganese, copper, and zinc. The Operating Manual of the brine darn facility shall include a water management plan that describes capacity and operating methods for the components of the water management system which will include the minimum freeboard, the closest acceptable distance of pool from perimeter and the decent arrangements. The relevant components of the water management system shall be designed so that a minimum freeboard of 0.8 metres be maintained above the expected maximum water level which is based on the average rainfall figure for the catchment area concerned, plus the maximum precipitation to be expected 'over a period of 24 hours with a frequency of once in every 50 years, less the gross mean evaporation for the area. The licensee shail establish a brine ponds management system appropriate for the size, complexity and safety classification of the residue di5posal facility. The licensee shall manage and operate-the facility in accordance with the design plans and specifications. Not withstanding these specifications, the operator of the facility should advise the professional person on any circumstances or aspect of the facility that, according to his operating experience, might either endanger the integrity of the disposal facility or present a risk to the public or the environment. Project mma 5.1 5.2 5.3 5.4 6.2.1 6.2.2 6.2Licence Number: 24088559 File Number: 16i2?lBtiJUfC591 Access control during ongoing operation and closure construction The licensee must ensure effective access control on the brine dam facility to reasonably prevent entry of domestic animals, game and unauthorised persons while the solid waste disposal sites are operative and during the period of construction for closure. Notices prohibiting unauthorised persons from entering the mine residue facility, as well as an internationally accepted sign indicating the risks involved in unauthorised entry must be displayed at suitable intervals along the boundary fence of the solid waste disposal sites. The licensee must take all reasonable steps to maintain service roads in a condition which ensures unimpeded access to the mine residue facility for vehicles involved in closure construction andlor transporting waste and must keep these roads free of waste. The licensee must ensure that all entrance gates are manned during the hours of Operation/closure construction and locked outside the hours of operationlclosure construction. Stormwater and seepage management All runoff water (stormwater) arising as a result of precipitation: on land adjacent to the waste disposal sites; and on the brine facility, must be prevented from coming into contact with any substance, whether such substance. is a solid, liquid, vapour or gas, or a combination thereof, which is produced, stored dumped or spilled on the premises, including leachate and must be diverted and drained around the brine ponds; and from the working face of the brine ponds, by means of works constructed by the licensee. Runoff may not be discharged to a watercourse and/or the environment unless it complies with the quality requirements as may from time to time be determined by the Regional Chief Director. but must be diverted to and contained in works constructed by the licensee. Runoff water which complies to the quality requirements as may from time to time be determined by the Regional Chief Director, will be regarded as uncontaminated runoff water and must be diverted away from thewaste disposal sites to the environment and discharged into a watercourse at a point of the waste disposal sites after veri?cation of compliance by the Regional Chief Director. Project bianager: LetSema 6.5 6.6 6.6.1 6.6.2 6.6.3 6.6.4 7.1 7.2 7.3 7.4 7.4.1 7.4.2 7.5 - 19 - Licence Number: 24088559 File Number. 16l2?i8100i?0591 Runoff water which does not comply to the quality requirements as may from time to time be determined by the Regional Chief Director, may not be discharged to a watercourse or the environment but must be regarded as contaminated runoff and must be coiiected and contained in facilities constructed from where it must be dealt with accordingly. In the event that runoff water becomes contaminated with seepage or as a result of the operational activities on the premises of the licences to the extent of not complying with the water quality requirements as may from time to time be determined by the Regional Chief Director the information regarding the quality of the water must be supplied to the Regional Chief Director; and this water must be contained on the brine pond sites in facilities constructed for this purpose, until the Regional Chief Director has informed the licensee otherwise. All seepage produced by the brine ponds, must be collected in subsoil and surface seepage interception drains and containment works. No seepage or contaminated runoff water may be discharged to a watercourse or the environment. OPTIMUM SLUDGE DISPOSAL FACILITY The iicensee is authorised to construct the Sludge disposal facilityas described in the reports. The licensee is authorised to deposit seventy thousand three hundred and thirty tons (70 336 tons) per annum of sludge based on an average quantity of one ninety three (193 tons) per day. The Construction and operation of the facility, shall be carried out under supervision of a Professional Civil Engineer, registered under the Engineering Profession of South Africa Act, 1990 (Act 114 of 1990), as approved by the designer. Speci?c Construction Requirements. The site must be constructed in accordance with recognised civil engineering practice, with special consideration to stability. The construction of the disposal facility must be in lined with the approved design by the Department of Water Affairs on the Groundwater Flow and Mass Transport Model for Optimum Mine Water Reclamation Project dated December 2008 by the Institute for Groundwater Studies, University of the Free State, the Design Report on the Optimum Water Reclamation Project for the sludge and brine facilities. Construction of stormwater control measures Project Mime-meme 7.5.1 8.1 8.2 8.3 8.4 8.5 8.6 8.6.1 8.6.2 8.7 3.7.1 8.7.2 8.7.3 8.8 20 - Licence Number; 24088559 File Number: 1923181003591 Stormwater diversion works must be of such a capacity as to maintain a freeboard of half a metre and to accommodate all stormwater runoff, which could be expected as a result of the estimated maximum precipitation during a period of 24 hours with an average frequency of once in ?fty years. REHABILITATION The licensee shall remove all alien species within 30 meters of the water course alteration area. All disturbed areas must be re-vegetated with an indigenous seed mix in consultation with an indigenous plant expert, ensuring that during rehabilitation only indigenous shrubs and grasses are used in restoring the biodiversity. The licensee shall minimise the impacts of the river crossings and where avoidance or minimisation is not possible provide remediation options. The vegetation of the surrounding catchment should also be managed to prevent erosion and siltation of the water course. The licensee shall take steps necessary to allow movement of aquatic species; including migratory species during the rehabilitation programme. The licensee shall embark on a systematic long-term rehabilitation programme to restore natural water courses to environmentally acceptable and sustainable conditions after construction, which shall include, but not be limited to - the rehabilitation of disturbed and degraded riparian areas to restore and upgrade the riparian habitat integrity to sustain a biodiverse riparian ecosystem; and - Annual habitat assessment shall be carried out to monitor the sustainability of the diversions and compliance with these conditions. Action must be taken to rectify any impacts. The licensee shall undertake the following activities to eradicate and prevent in?ux of weeds and alien vegetation. The programme shall include All weeds and alien vegetation shall be removed. A plan to manage declared weeds and other invasive plants within the rail reserve shall be compiled and adhered to during operational and maintenance activities. Use of topsoil for rehabilitation, contaminated with the seed of alien vegetation, shall not be permitted unless a program to germinate the seed and eradicate the seedlings is implemented. The licensee shall ensure that the volume of flow is not reduced except for natural evaporative losses and the authorised attenuation volumes. Project Mama 9.1 9.2 9.3 9.3.1 9.3.2 9.3.3 9.3.4 9.3.5 9.3.6 9.4 10 10.1 10.2 10.3 10.4 10.4.1 21 Licence Number: 24088559 File Number: temmBiOOiCSQ?l LONG TERM MAINTENANCE AFTER CLOSURE OF THE SITE The licensee must on a continuous basis, maintain all works constructed on the sites, or any portion thereof. in accordance with the Minimum Requirements, the Report(s), the conditions of this licence and any other written instruction issued by the Regional Chief Director to the licensee for a period of twenty (20) years or for any longer period as may be determined by the Regional Chief Director. The licensee must implement, maintain and at all times apply suf?cient odour control measures, to prevent odours from causing nuisance conditions or health hazards. The sites must be maintained in such a manner that - the formation of pools due to rain is prevented; free surface runoff of rain-water is ensured; contamination of stormwater is prevented; no objects or materials which may hamper the rehabilitation of the sites are present; the build-up and/or lateral migration of land?ll gas is prevented; and little or no erosion occurs. The vegetative cover, vegetation and trees established must be maintained on a continuous basis. GENERAL SURFACE WATER DESIGN REQUIREMENTS AND The licensee shall, determine flood lines (1:50 and 1:100 year) prior to construction to ensure risks are adequately managed. Flood tines shall be clearly indicated on the layout plans. The licensee shall schedule construction activities at or close to river crossings, streams or wetlands to take place during low flow periods. The licensee shall clearly indicate all wetlands boundaries within the project area on layout plans. Design and planning of all proposed construction activities adjacent to or in the vicinity of rivers, streams and wetlands shall consider the following measures: impact of alignment on springs and wetlands shall be investigated and monitored and ensure their continued functioning. 10.4.2 Where appropriate, large individual indigenous riparian trees shalt be avoided during construction and shall be clearly marked on site. Project mm 10.5 - 22 - Licence Number: 24088559 File Number. 16l217l8100f0591 All construction roads in or adjacent to the riparian zone shall be minimised and if required, shall be aligned and managed so as to minimise disturbance of the riparian zone and instream habitats. END OF LICENCE Project I?llE gar: Letsema