GAZETTE NOTICE NO. 2835

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Base Titanium Limited, proposes to expand their current mining activities to the ―South Dune‖ extension which will involve the relocation of existing Hydraulic Mining Units, establishing satellite workshops and supporting infrastructure in Kwale County. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Mitigation Measures Impacts to soils  Mine in blocks to allow for a reduction in the volume of vegetation to be cleared and stripped, confining mining activities to active mine blocks.  Vegetate topsoil stockpiles expected to remain stockpiled for more than three months, with indigenous grass species, especially creepers.  Disturbance areas to be stripped progressively to reduce erosion and sediment generation, and utilize topsoil as soon as possible for rehabilitation.  Erosion on steep slopes is to be controlled through revegetation and shade netting, placed at right angles to erosion gullies and gulley repair. Surface and groundwater resources contamination  Construction of settlement ponds, gabions and artificial wetlands, to manage turbidity and suspended solids as a result of storm water runoff.  Reuse of wastewater from hydraulic process to reduce ex-situ discharge. Possible Impacts Mitigation Measures  Erection of silt traps downstream of activity areas, on specific streams of most value to the communities or in recharging the main rivers.  Continuation with water quality monitoring activities at identified sites, and any other sites that will be noted to be at significant risk to contamination. Water supply to communities and flora  Base will strictly adhere to the surface water abstraction permit conditions in cases where water from Mkurumudzi River or others replenishing wetlands is to be used for mining activities. Groundwater abstraction will meet or be below current permitting needs. Any localised effects resulting from groundwater drawdown on community boreholes and wells can be mitigated by providing an alternative source of water, or by deepening a shallow well. Noise and vibration from mining operations  All households within the South Dune will be resettled as per the RAP prepared by Base. Resettlement is also assumed within the buffer zones identified.  Where the heavy equipment causing vibrations are to be used close to settlements, the households will be sensitised prior to such activities.  Night time activity (specifically heavy machinery use) to be minimised where possible, especially for activities conducted close to mining area perimeter.  Construction of berms/ walls along mining area perimeter to act as a noise screen, directional ‗smart‘ reverse alarms to be utilised on mining equipment. Exposure of workers and communities to dust fallout and PM10 emissions  Although radiation impacts are not expected to increase due to the project, Base will maintain radiation monitoring as per the Radiation Management and Monitoring Programme in both air and water.  Personal radiation badges will be worn by workers at the identified radiation risk areas to measure their personal radiation doses to ensure these are maintained well below international standards. Impacts on fauna and flora (Loss of species and reduction in surface vegetation cover/ habitat)  Maintain all indigenous tree and shrub species in the established nursery to replant during rehabilitation.  All of the critical habitats and No Go environmental sensitive areas within the mining area and on its outer fringes are to be avoided.  Maintain a buffer of preferably 100 m around edges of forest patches and any wetlands that do not fall within the mining resource area, and ensure no runoff from mining infrastructure/area gets into any rivers/wetlands/swamps/pans, without being cleaned (establish silt traps where necessary).  Avoid less disturbed wooded grassland thickets as far as possible, especially where threatened species have been confirmed, or where such woodland patches are in close proximity of wetland areas. Avoid wetland habitats as far as possible, especially areas around springs.  Avoid clearing indigenous trees with above >50 cm diameter and/or a height over 8 m where such trees fall outside the mineral resource areas. 26th March, 2021 THE KENYA GAZETTE Possible Impacts Mitigation Measures  Relocate individuals of threatened tree species as far as this can be done with success (e.g. Ficus faulknerae).  Areas of high conservation significance in proximity, but outside the physical mining footprint, need to be clearly demarcated with appropriate barriers and signage to ensure no further encroachment or disturbance.  Upon completion of mining, rehabilitate and restore wetlands and the riverine vegetation.  Rehabilitate progressively and as soon as areas are mined out, fully utilising insights gained from the rehabilitation trials. Risks to safety and health at the workplace  Base‘s existing OHS Management System and various OHS Management Plans are fully embedded into the operations, and includes appropriate documentation, procedures, guidelines, standards, risk assessments and monitoring records, with assigned accountabilities and responsibilities. In addition, the OHS Management System undergoes frequent review. Various system elements are audited monthly and identified corrective measures implemented to further improve the system. Also, the operations‘ Hazard and Operability Study (HAZOP) has been undergoing monthly review. Loss of housing; private land and orchards; communal land and natural resources; businesses; public facilities and services; breakdown in community networks and structure  Mitigations to be implemented include developing a Resettlement Action Plan (RAP) consistent with national law, international good practice and precedent established in previous RAPs. The RAP will comply with national compulsory land acquisition laws. It will establish options for cash compensation and/or resettlement assistance to all eligible persons that have lost access to their land, lost their homesteads and associated structures, assets or any improvements made on their homesteads, lost annual or perennial crops or productive trees, lost business income and worker salaries during the transition phase, as well as the option of reinstating the business or traders at a suitable alternative location near their existing client base/catchment. It will establish the relevant allowances (disruption, moving and other applicable allowances) to be granted to eligible persons, as well establishing as a Community Agreement with all affected communities to address the loss of communal land and natural resources. The agreement will be supported by a compensation fund that will be exclusively used for community development measures to offset the loss of communal land / communal natural resource harvesting areas. The RAP, as well as the Community Agreement and Community Development Plan, will restore any loss of public services, facilities, and infrastructure (clinics, schools, churches) at a suitable alternative location. It will also encompass the protection, relocation, or offsetting any affected cultural heritage.  The RAP will establish programmes for livelihood restoration; will be supported via ongoing stakeholder engagement with Affected Persons; will establish a Grievance Mechanism that will become operational prior to the Asset Inventory and Valuations; and will profile potential vulnerable people that form part of the displacement Affected Persons and made special provisions for affected persons. Possible Impacts Mitigation Measures Restriction of access and mobility  Base will co-ordinate with Kwale County for the removal of existing roads, on condition that Base will provide replacement roads or access paths to households. The routing, design and maintenance requirements for new roads will be agreed between Base and relevant authorities. Base will show that any new roads will retain, and ideally, improve household mobility and accessibility between communities. Public roads will remain as public and Base will avoid, to the maximum extent possible the conversion of existing public roads to mine roads. Where conversation is needed, Base will construct alternative public roads. Employment and labor and work seeker influx  Base will update the LRIMP to cover the South Dune operations as well as neighbouring communities. The LRIMP will establish preferential employment rules based on differing priority areas. Preferential employment targets will also be established for women and young men. The LRIMP will be amended to establish local training and skill development programmes by Base (or third party contractors) in advance of the mobilisation of the EPC Contractor to enable local people to be recruited. The LRIMP will extend all Fair Treatment Principles, any existing labour law requirements, and IFC or ILO standards. Local content, economic development and CSI spend  Local supplier development to be promoted via existing Base Procurement Plans or Local Content Plan/Plan, and existing plans will focus on supporting and developing existing small, medium enterprises in the local communities, and incorporation of these SMMEs in the procurement process.  Base will expand and amend any existing CSI initiatives to include communities that are directly or indirectly affected by the South Dune operations.  Base will make specialist provision for the establishment of CSI initiatives that support vulnerable households and women in particular. Community health, safety and security  Base‘s Health and Safety Department to review the community health, safety, and security risks associated with the South Dune mining operations, and amend any existing Health and Safety Plans to ensure effective coverage of the South Dune mining operations and any affected communities.  Base to ensure that there is sufficient resourcing (emergency staff, equipment, and funds) to expand current H&S plans to cover the South Dune mining operations and affected communities. The Traffic Management Plan will be updated, taking into consideration the surrounding South Dune communities. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, 12th Floor, Ragati Road, Upper Hill, P.O. Box 30126–00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Kwale County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days 1370 1370 from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this plan. MAMO B. MAMO, Director-General, MR/1698277 National Environment Management Authority.