GAZETTE NOTICE NO. 10225

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, Kenya National Highways Authority is proposing to construct the Lamu — Garissa Road. The project road falls under the Lamu and Garissa counties and is a section of LAPSSET Corridor, having total length of about 250 Kilometers. The road starts at Mokowe (GPS: 2.14'S, 40.50'E) and traverses on the eastern side of River Tana following, in some of its sections, the existing D568 Road through the trading centres of Hindi, Bargoni, Bodhei, Ijara, Roka, Bura East, Nanighi and Korakora before terminating at Junction (A3/C81), 131uns from Garissa Town called as Modika (GPS: 0.25"S, 39.40'E). The project road will be a gateway to the LAPSSET Corridor which will provide connectivity to other parts of Kenya through railway and highway. The following are the anticipated impacts and proposed mitigation measures: Proposed Mitigation Measure •Ensure deviations and dry materials are kept damp at all times. •Material delivery trucks to comply with established emission standards. •Prohibit idling of vehicles. •To avoid toxic fumes, residences should be at least 500 m from windward side of asphalt mixing sites. •Water should be sprayed during the construction phase on excavated areas, deviations routes, and temporary access roads leading to borrow pits, and asphalt mixing sites. •In filling sub-grade water spraying is needed to moisten the material and to assist in compaction. After compaction, water spraying should be regular to prevent dust. •Regular maintenance of plant and equipment. •Sensitize motorists/road users. •Install proper and efficient drainage structures. •Consult local residents in siting of boreholes. Destruction of flora and, • fauna, wildlife-human conflict and birds Impact Air quality Changes in hydrology/ drainage; and use of water resources •Proper and management of water usage. •Plan for harvesting and storage of water during rains by construction of water pans for use later. •Abstraction from rivers and streams are not to be done during low flow. •Groundwater abstraction be on permits conditions (locations to be identified. •Ensure the public at target water sources gets priority. Soil erosion • Install soil erosion control measures. •Landscape embankments and re- vegetate gravel sites. •Proper management of excavation activities. Material sites • Inform people living at/near the sites that the pits have been selected for exploitation. •Plan, control and restrict access to gravel sites (e.g. by fencing). Noise pollution • Sensitize workforce. •Supervise construction traffic. •Workers in the vicinity of high level noises to wear safety and protective gear. Garbage or solid wastes • Sufficient measures will be taken in the construction camps i.e. provision of garbage bins and sanitation facilities. If septic tanks are installed, waste will be cleared periodically. •The contractor to develop waste management plans and provide appropriate facilities for their operations. •Prepare signed agreements with landowners where spoil earth is to be disposed indicating conditions and responsibilities for restoration and management. •The spoil disposal sites should be approved by NEMA before dumping commence. •Consider re-use of used/waste asphalt concrete for public access roads in the neighbouring urban areas. Health (Public health and • Special attention shall be paid to the occupational safety) and sanitary conditions of camps. Safety HIV/AIDS • Sensitization campaign on STDs & HIV/AIDS will be mandatory at the camps and in the community. •Preventives measures like use of condoms, voluntary testing for HIV/AIDS. •Provide safety programmes for material sites and working areas including emergency response mechanisms. •Awareness, prevention and training on HIV/AIDS and other social diseases such as TB. •Adoption of pre-identified health centres within the road corridor. •Provide group medical insurance and Personal Protective Equipment (PPEs) for the construction workers. •Provide police security to the contractor. Road safety • Install warning signs and speed bumps on approach to towns and settlements. •Appropriate information and warning signs shall be provided along all the deviation roads for enhanced safety. •Enforce vehicular speed limits. •Monitor road accidents. •Enforcement of Traffic Act. •Enhance collaboration with communities on construction activities affecting them through established Community Liaison Committees. •Provide deviations and accesses to affected premises during construction throughout the corridor. •The Contractor to establish and manage environmental and social initiatives to oversee mitigation measures developed under this report. •Provide safe crossings and walkways during the construction works backed up with appropriate signage. •Provision for community improvement services under social responsibility including health, education, water supply, sanitation, access roads, etc. •The Contractor to prepare and consult on an employment plan and implement in accordance to Kenyan labour law. •At least 60% of employment (casuals) to involve the local population, especially the youth and women. •Follow-up on the implementation of RAP. •Solid waste at construction camps, and equipment maintenance workshops should not be dumped in or near any water bodies (rivers, streams, etc.) along the project road or area of influence. •Proper disposal of wastewater / sewage at Contractor's/ workmen's camps. •Maintenance and repair of construction vehicles/plants should be carried out at dedicated areas at the Contractor's camp. •Proper hindling, storage and disposal of oil and oil wastes. •Maintenance and repair of construction vehicles/plants should be carried out at dedicated areas at the contractor's camp. •Install warning signs along the road not light fires near bushes as this could result in wild 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)Principal Secretary, Ministry of Environment and Natural Resources, N.H.I.F. Building, Community, P.O. Box 30126- 00100, Nairobi. (c)County Director of Environment, Lamu County. (d)County Director of Environment, Garissa 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. GEOFFREY WAHUNGU, Director-General, MR/2481795 National Environment Management Authority. Socio- economic/Resettlement Action Plan Water pollution Oil pollution Wildfires 9th December, 2016 THE KENYA GAZETTE 4837 GAzErFE NOTICE No. 10226 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) - THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY DRAFT REPORT FOR STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) FOR THE MOMBASA CITY GATE MASTER PLAN INVITATION OF PUBLIC COMMENTS IN LIGHT of the provisions of section 57 A of the Environment Management and Co-ordination Act (EMCA) Cap 387, Regulation 42 and 43 of Environmental (Impact Assessment and Audit) Regulations, Legal Notice No. 101 of 2003, the National Environmental Management Authority (NEMA) has received a Draft Strategic Environmental Assessment Report for the Mombasa City Gate Master Plan. The SEA findings are expected to integrate the existing sectoral plans and programs to establish sustainable economic zone development mechanisms. County Government of Mombasa is the PPP owner. The objective of the MGC MP is to formulate a Comprehensive Master Plan for the Mombasa Gate City including implementation and management program, and prioritize intervention areas/flagship projects through collaborative work with Mombasa County Government and concerned organizations. The MP will cover the entire Mombasa County, of a total area of 287 sq. kilometres consisting of 222 km' land area and 65 km' of water. However consideration will be taken of the surrounding areas that are closely relevant to appropriate development of the county. The MGC MP seeks to address the following challenges: shortage of affordable and quality housing, especially for low and middle income households, limited tourism products, insufficient sewerage infrastructure and other urban services, poor linkage of road networks resulting into port related traffic congestion, inadequate basic education facilities, inadequate health service delivery points and growth of informal settlements among others. The plan covers nine tasks, namely: 1) Understanding of current situation and issues (situational analysis), 2) Formulation of development vision, 3) Establishment of social and economic framework, 4) Formulation of structure plan, 5) Formulation of land use plan, 6) Formulation of strategy of infrastructure development, 7) Selection of priority areas and projects, 8) Preparation of Draft Master plan, and 9) Strategic Environmental Assessment (SEA)/Stakeholder Consultation. From the urban planning perspective and environmental concerns the plan has taken into consideration green transport solutions such as provision of Non-Motorized Transport (NMT) infrastructure through proposal for construction of pedestrian paths and cycling lanes as approaches to reduce the impacts of climate change. The specific objectives for this SEA Study are: •Ensure that the Master Plan is compatible with sustainable planning and environmental management. •Enhance the consistency of the Master Plan across different Policy. •Plan, or Program (PPP) sectors; Identify the potential environmental, socioeconomic and cultural impacts of the Master Plan. •Support decision-making and incorporate emerging environmental issues into sustainable development. Key environmental and social impacts and mitigation measures. Environmental aspects Detailed priority areas of concern Water quality • Lack of sufficient water supply to ensure good sanitary conditions in Mombasa. The City heavily relies on water from outside the County e.g. Mzima springs, Baricho Wellfield, Marere Springs and Tiwi Welffield. •Inadequate sewer line with Mainland South totally lacking sewerage system. •Vulnerability to floods given that storm water drainage only covers 10% of the total planning area. •Pollution of the sea and beaches especially leachates (polluted water) polluting the sea from Kibarani dumping site and the defunct Kipevu waste treatment plant. •Little concentration on water resources (the blue economy) — water resources have not been exploited despite potential such as water transport, use of desalination to alleviate water shortage etc. Air quality • Emissions from vehicles (mixture of urban function and logistic function, particularly Changamwe and Jomvu areas where airport, port, CFS, industry, warehouse and residential function are mixed. Heavy traffic generated from and to port is the main cause of traffic congestion and air pollution which is considered as a disturbing factor for the local people). •Dust from poorly maintained roads. •Poor linkage of road network and land use. •Health risks for residents from air pollutants. Solid waste management • Increased solid waste generation and poor management. •Lack of waste recycling facilities. •Land/soil contamination from chemicals •Foul odors from waste — some waste collection points are located close to residential areas. Biodiversity conservation • Threat to sensitive natural and cultural and protected areas heritage sites such as the Mombasa Marine Park, Mangrove Creek, Kaya Forests, Old Town, Fort Jesus and Mbaraki Pillar etc. Landscaping • The transformed built environment will change the mobility system of the city - this was in line with the proposed Likoni bridge. •Urban sprawl and expansion of uncontrolled urban development. Socio-economic issues • Inadequate social amenities (schools, health facilities, children play ground, recreation facilities, football field, entertainment, social halls) as a result of the anticipated population increase. •Limited employment opportunities in the county especially for women and youth. •Low community participation in development activities. •High crime, insecurity and other antisocial behaviors that is also likely to increase as a result of the anticipated increased population. •Fear of evicting slum dwellers to pave way for other development. •Possible displacement of persons currently leaving on land earmarked for different functions. •Poor road, water and electricity infrastructure in the county. •Limited land area for future city expansion as a rest* of the rapid _ population growth and the sea to the East. • The protection and • conservation of scenic• beauty and the protection and conservation of the built environment, and historic or cultural significant areas. •Reduction of unemployment in the city by attracting more investors •Provision of adequate social amenities such as schools, health facilities and community halls. Human settlements and• Improve and upgrade level of services cultural issues for various facilities such by easing the urban function from the island by adopting multi-core urban development as a basic structure. •Reduction of negative impacts of wastes on the health of the people and the environment by improving waste management at Kibarani and Mwakirunge dumping site and need for a sanitary land fill. All key stakeholders including the poor, physically challenged, youth and women should be involved in the development and implementation of the Mombasa City Plan. Enhancement of landscape resources. Protection and conservation of cultural heritage such as Fort Jesus, Old Town, Mbaraki Pillar, Mackinnon market, Kengelani and Kongowea market and any other additional sites which will be identified as having significant cultural position by the stakeholders. •Consideration of design works of the built environment. The full report of the proposed project is available for inspection during working hours at: (a)Cabinet Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, 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, Mombasa 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. GEOFFREY WAHUNGU, Director-General, MR/2481756 National Environment Management Authority. The transferee shall be liable for all debts and liabilities including but not limited to all taxes and statutory dues of any nature, all tax liabilities or liabilities under any statute in force in relation to any period prior to the transfer date including any past, present or future tax litigations/statutory dues. Dated the 5th December, 2016. OMONDI OKOYO SHEM, MR/2484079 Advocate for the Transferors and Transferee.