GAZETTE NOTICE NO. 15896

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environmental Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the implementation of the proposed upgrading of Taveta-Mwatate road project (A23). The Proponent (Kenya National Highways Authority) is proposing to construct an all-weather bitumen road that will promote economic development in the country’s coastal region. The following are the anticipated impacts and proposed mitigation measures: Possible Impact Mitigation measures Air pollution • The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible. • Water sprays shall be used on all earthworks areas and transport routes. • Vehicles delivering soil materials shall be covered to reduce spills and windblown dust. • Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO. • Comply with all legal and statutory requirements. • Project-specific design improvements to limit motor vehicle air pollution impacts. Noise pollution • The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas. • Noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. • Construction workers will be required to use PPEs appropriately. • Equipment should be maintained regularly to reduce noise resulting from friction. Vegetation loss • Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed nor should any unauthorized planting of vegetation take place. • Clearing and removal of vegetation, especially at borrow sites must be carried out in such a way that damage to adjacent areas is prevented or minimized. • Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas. • Trees should be trimmed rather than removed wherever possible. • The Contractor should plant indigenous and native trees along the project road. Impacts on soils and drainage including landslides • As far as possible earthworks should be carried out during the dry season to prevent soil erosion and landslides. • Excavated materials and excess earth should be kept at appropriate sites approved by the Supervising Engineer. • Wherever possible, the earth dumping sites will be designed in such a manner as to facilitate natural water discharge. • The contractor should adhere to specified cut and fill gradients and planting embankments with shrubs and grass to reduce erosion. • The Contractor shall protect areas susceptible to erosion by installing necessary temporary and permanent drainage works. • Areas affected by construction related activities and/or susceptible to erosion or landslides must be monitored regularly. Water resources • The contractor should consult the community on location of boreholes. • The Contractor must adhere to water quality regulations described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. • Abstractions from natural, municipal and / or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. Sanitation • The Contractor shall comply to laws and by-laws relating to public health and sanitation. • All toilets shall be maintained by the Contractor in a clean sanitary condition. • Ensure that solid/liquid exhausts are disposed by licensed agents. Solid wastes • The contractor should develop a waste management plan. • All personnel shall be instructed to dispose of all waste in a proper manner • Contractor shall provide litter collection facilities. • The final disposal of the site waste shall be done by approved waste disposal agents. • Wherever possible, materials used or generated by construction shall be recycled. • Provision for responsible management of any hazardous waste generated. Liquid wastes • No grey water runoff or uncontrolled discharges from the site/working areas. • Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. • Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered. 2nd November, 2012 THE KENYA GAZETTE • The Contractor shall notify the RE of any pollution incidents on site. Fuels, oils, hazardous substances and other liquid pollutants • Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse. • Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulation. • Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with their MSDS. • Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them. • Fence of the tank compound with locks or other adequate security controls at the site. • Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans. • All chemicals stored within the bunded areas shall be clearly labeled detailing the nature and quantity of chemicals within individual containers. • Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal. • Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas. Diversion and access roads • The Contractor shall adhere to the road reserve as much as possible in locating the diversion if required. If diversion routes go beyond the road reserve, necessary permission should be sought. • The Contractor shall comply with all applicable laws and by-laws in Kenya with regard to road safety and transport. • Access to the construction site and works area shall utilize existing roads and tracks where possible. Relocation of public utilities • Undertake inventory of existing utilities in the project area before beginning construction. • Notice should be given to the utility users prior to any interruption in supply. • Liaise with relevant parties which include Water Service Company and KPLC. Delays in transportation • Plan itineraries for site traffic on a daily basis. Traffic management and control is mandatory throughout the project • Temporary road signs that are visible both during the day and at night indicating road works and restrictions will be required. • The contractor should also set aside footpaths, cycle lanes and parking bays for heavy goods vehicles and public transport vehicles. Occupational Health and Safety • The Contractor shall comply with all standard and legally required health and safety regulations as promulgated by Factories and Other Places of Work Act and also the ILO Guidelines on Safety and Public Health in the construction activities. Fire Prevention and Control • The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site. • The Contractor shall ensure that there is basic fire-fighting equipment available on site. • Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires. The full report of the proposed project is available for inspection during working hours at: (a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (b) Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi. (c) County Director of Environment, Taita Taveta County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process of the plan. B. M. LANGWEN, for Director-General, MR/1065501 National Environment Management Authority.