Re: FW: Immediately revoke permit to operate from quarry at portion 26 of farm 22 Zouterivier, which is systematically destroying road in both directions
Mal Morrow
Sincerely yours,
Mal Morrow
Land owner: Caesura, Portion 56 of Farm 22, Zouterivier, Klein Dassenberg
W: +27 (21) 4171849
F: +27 (86) 5114459
E: malm...@gmail.com
Dear Mr. Morrow
Following our telephonic discussion this morning, I have spoken to Mr. David Viljoen who will be contacting you.
Please be advised that in terms of point 2 in your e-mail below, I have had correspondence with CapeNature and they plan on visiting the site tomorrow. I will provide you with feedback as soon as I get a response from them.
Regards,
Katy Spalding
Environmental Professional: Environmental & Heritage Management
District B & C
City of Cape Town
Milpark,
Milnerton
P O Box 35
Milnerton
7435
Tel: 021 550 1059
Fax: 021 550 1003
E-mail: katy.s...@capetown.gov.za
From: Mal Morrow [mailto:malm...@gmail.com]
Sent: 30 March 2010 09:17 AM
To: Sharon Damon; Katy Spalding; Johan Massyn; David Viljoen; Ossie Gonsalves
Cc: Rondeberg Road; David Clarke-Fisher; Ian Neilson; Barbara Rass; Craig Lovett
Subject: Immediately revoke permit to operate from quarry at portion 26 of farm 22 Zouterivier, which is systematically destroying road in both directions
Hello Ms Damon, Ms Spalding, Mr Massyn, Mr Viljoen, Mr Gonsalves,
Since I wrote last, a notice you sent to Mr Wayne Claver, requiring him to comply with the Council regulations laid down for his operation of the quarry at portion 26 of farm 22 Zouterivier, has expired.
Nevertheless, the condition of the quarry and the road has massively deteriorated, especially in the past week.
This morning, 12 heavy construction trucks are parked in the quarry premises awaiting loading. In the past several days the neighbours have seen that these and other trucks are repeatedly returning to the quarry throughout the working day for reloads. This means that the servitude between the quarry and the N7 is bearing an enormous weight of machinery and clay. The road is pitted with ruts, and is severely dangerous to drive in a small vehicle. It is made doubly dangerous by having to pass multiple trucks on the way.
In addition, the quarry appears to be using water sourced from Anaheim, which is a farm down the same servitude but in the other direction, to water the road. They are moving a heavy water truck up and down this stretch of road. No attempt has been made to repair the road in that direction, and the road is now utterly impassable for anything other than 4x4 traffic. The residents in that direction - myself included - are at their wits end. We have stranded families. We can't get to work.
This situation has deteriorated so substantially that I can only urge you to take the most immediate action to finalise the regulations that you laid down when granting the quarry its permit to operate. You have given Mr Claver 30 days to comply, and he has NOT complied. So far from this, he is truculently ignoring your order to comply, and making the situation far worse.
The quarry's conditions of operation allow you, in the final resort, to revoke the quarry's permit to operate. At this point, I think you must agree with me that there is no possible basis for believing that Mr Claver and his company will cooperate with you and abide by the conditions.
Please therefore immediately indicate to me how you will go about shutting down the quarry once and for all. I expect from you a timetable and some indication that the SAPS will be involved to enforce your notice to revoke the conditional permit to operate the quarry.
Additionally, please comply with answers my list of questions that I previously submitted, and to which I have had extremely limited answer to date:
1. A copy of the Environmental Management Plan as submitted and supported by the Department of Mineral and Energy Affairs (received, thank you).
2. Written evidence that Cape Nature Conservation is satisfied with this plan (outstanding).
3. The name and contact details of the Council representative on the Monitoring Committee, and complete minutes maintained by the Council of meetings held by the Monitoring Committee (outstanding).
4. Written evidence that waste and refuse disposal are to the satisfaction of the Engineering Services Department (outstanding).
5. Written evidence that water potability is to the satisfaction of the Health Services Department (outstanding).
6. Written evidence that ablution facilities meet the requirements of the Engineering Services Department, the Executive Director: Health and Housing and the National Building Regulations (outstanding).
7. Written evidence that the upgrading and maintenance of the existing access road is to a standard satisfactory to the Director: Engineering Services (outstanding).
8. Written evidence that the operator acknowledges legal responsibility for the condition of the road (outstanding).
9. Receipts and/or invoices of a financial guarantee made to the Executive Director: Engineering and Planning in respect of maintenance of the road, and evidence that this amount is still held by the Council for the purposes defined (outstanding).
Given the urgency of the situation, and that the normal functioning of our neighbourhood has completely broken down, and that more than 30 days have passed in which we expect the quarry to comply, and that I originally asked for action on these questions on 12th March 2010, I expect to have a response by the close of business today.
Sincerely yours,
Mal Morrow
P: Caesura, PO Box 83, Philadelphia 7304
Land owner: Caesura, Portion 56 of Farm 22, Zouterivier, Klein Dassenberg
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