GAZETTE NOTICE NO. 9342

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, Kerio Valley Development Authority, is proposing to construct a multi-purpose dam project on Arror River in Elgeyo Marakwet County. The project area for irrigation is located on the valley floor of the Kerio at an altitude around 1000-1100 meters above mean sea level. The main components of the project are: Construction of hydro-power project (60 MW), construction of the dam, appurtenance works, access roads, developing 2,000 ha of land under irrigation and development of industrial and domestic water supply to support 50,000 households. The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed mitigation measures Loss of biodiversity • Minimize vegetation clearance. • Prohibit hunting. • Prevention from spilling oil and inflammable compounds of vehicles and machinery on the ground so as to prevent soil pollution in the terrestrial ecosystem and its secondary impacts as to wildlife through the food chain. • Study on population and distribution index of fauna species and their changes in the region (e.g. breeding, nesting, and feeding) during construction phase. Loss of trees and greener beauty • Minimize number of trees and other vegetation clearance. • Minimizing clearing and disruption to riparian vegetation. • Re-vegetation of disturbed areas with native plant species (plant prominent trees of the region such as Acacia). • Protect all the ecologically critical areas such as riparian zones by clear delineation and planting of suitable indigenous plant species. • Supervision of a representative from NEMA on the implementation of the above mentioned mitigation measures. • Staff training before the commencement of construction activities. • Selection a proper location to establish temporary camps and construction workshops (a land void of trees with sufficient distance from river). • Use of soils resulting from excavation in embankment, soil tabulation and reclamation through planting native trees on the route of pipe laying. • Supervision of a representative from NEMA on the implementation of the above mentioned mitigation measures. • Staff training before the commencement of construction activities. 22nd September, 2017 THE KENYA GAZETTE Noise • Measuring the intensity of noise by utilizing the noise meter. In the case that, the level measured is higher than the permissible amount, all the methods to conserve the mental health of workers must be utilized to lessen the level of noise and decrease it to the standard level and shortening the period of noise generated should be taken under consideration. • Lubricating and regular repair of equipment and machinery. • Insulating engines which create noise. • Eliminating worn out machinery. • Elevating the speed of work, so as to shorten the construction period as much as possible. • Selecting an appropriate period for construction activities and refraining from it being synchronous with sensitive period for wildlife, such as their pregnancy and giving birth duration. • The Contractor should adopt the best practicable means of minimizing noise. • For any particular job, the quietest available machinery should be used. • All equipment should be maintained in good mechanical order and fitted with the appropriate silencers, mufflers, or acoustic covers where applicable. • Stationary noise sources should be sited as far away as possible from noise- sensitive areas, and where necessary acoustic barriers should be used to shield them. • Pneumatic drills and other noisy appliances should not be used after normal working hours. • Workers should be given noise protection equipment such as earmuffs and be taught how to use them and supervised to ensure such safety procedures are being adhered to. • The public should be informed that short periods of noise may be inevitable but prior warning of when noisy activities are to take place and the days and times noise of when they could be expected should be widely publicized before the activity takes place. • Fixing engines and exhausts of heavy machineries. • Use of portable acoustic barriers to shield compressors and other noisy equipment where necessary. • Observe and practice the recommended noise regulations. • Supervision of a representative from NEMA on the implementation of the above mentioned mitigation measures. • Staff training before the commencement of construction activities. • Adherence to Noise And Excessive Vibration Pollution (Control) Regulations, 2009. Fauna (terrestrial and aquatic • Implement all mitigation measures for noise and effort to maintain it at the permissible standard level. • Selecting an appropriate period/season for construction work and refraining from it being synchronous with sensitive period for wildlife, such as pregnancy duration and giving birth. • Enumeration of fauna species (with emphasize on protected and important species) especially mammals during different seasons. • Regulating the time-table for the mobilization of vehicles so as to prevent stress arising from noise pollution. • A time-table regarding explosions at dam site, so as to prevent stress arising from noise pollution. • Prevention from spilling oil and grease compounds of vehicles and machinery on the ground so as to prevent soil pollution in the terrestrial ecosystem and its secondary impacts on wildlife through the food chain. • Prevention from the discharge of oil and grease compounds of vehicles and machinery, wastes and wastewaters into the river and streams so as to prevent the pollution of drinking water resources of wildlife. • Training of workers and staff about meaning and principals of environmental conservation, prevention methods relevant to polluting the terrestrial and aquatic environments, hunting prohibitions and the prevention of excessive disorder of wastes and debris. • Supervision of a representative from NEMA on the implementation of the above mentioned mitigation measures. Air quality and dust emission • Pave the main access road to the project area. • Sprinkle water on exposed dusty surfaces to reduce dust generation. • Trucks hauling soil should be covered with tarpaulins. • Checking, repairing and fixing the engines of vehicles and heavy machineries. All machineries and equipment should be maintained in good working order to ensure minimum emissions including carbon monoxide, oxides of nitrogen and Sulphur, as well as suspended particles. • Affixing filters on the exhausts. • Utilizing masks for workers who are directly in the location where dust is dispersed. • Creating an alarm system for cases the air pollution exceeds the standard limits. • Staff training before the commencement of construction activities. • Strict adherence to Air Quality Regulations, 2014. Land acquisition • Timely information disclosure to the Project Affected Persons (PAPs). • Explanations to PAPs in relative to the plan objectives and its positive impacts, both national and throughout the region. • Implement the Resettlement Action Plan (RAP) to the latter. Water quality and pollution • Accurate attention should be paid to the amount of water that is withdrawn from the river. • Proper and regular maintenance of vehicles. • Refraining from the spilling of fuel matter, kerosene and oil compounds into the river and streams. • Sewage disposal (produced in the construction workshops and temporary camps) by absorption wells (pits). • Sanitary burial of solid wastes (in a sufficient distance from the Arror and Kerio Rivers) and the prevention of wastewaters from entering the river. • Any waste should be disposed off according to the NEMA and local authority waste management rules and regulations. • Construction solid waste generated by activities can be disposed in areas approved by the local authority/council and NEMA that will be identified before commencement of construction activities. • Supervision of a representative of the Ministry of Environment on the implementation of the above mentioned mitigation measures. • Staff training before the commencement of construction activities. • Adherence to Waste Management Regulations, 2006. Decrease of self- purification capability of the river • Implement all the mitigation measures for soil erosion and water quality. • Debris should be disposed in a manner that minimizes wash outs by rainfall leading to siltation of water bodies. Soil erosion • Compaction of loose material. • Diversion of runoff flows from construction sites. • Run-off from rainfall is a water source that can be stored and used for construction activities (especially in initial distance in downstream of escarpment in Kerio Valley). • Regular visits lead to the identifying of areas that have problems in regards to erosion and thus are given priority, so that corrective programs are implemented. • Soil excavation and embankment must be made for the immediate project area and unessential activities should be refrained from. • In order to compensate the damages incurred, due to the accelerated erosion, arising from construction activities, a control of natural erosion during the construction period must be taken under consideration. • In laying penstock, north and south water conveyance lines, vegetation clearance of more than the required width should be refrained from and this requires the surveillance of the environmental expert. • Improvement river bed such as building some short barriers to trap sediments. Soil contamination • Oil residuals including waste oil, lubricants, used filters, should be carefully collected and stored for safe disposal, in order to prevent spilling of contaminant hydrocarbons into runoff or groundwater. • Regular maintenance of site equipment and machinery should be carried out to ensure any leakages are detected and controlled. • Construction solid waste generated by activities can be disposed in areas approved by the county government that will be identified before commencement of construction activities. Landscape • Preventing unessential environmental destruction, particularly the severing of bushes, trees and small trees by the workers. • Avoiding building permanent infrastructure which will not be used after construction. • Selection of a proper location for constructional materials and debris depot. • To allocate a place to park vehicles and heavy machinery to prevent their distribution and make a bad landscape in the region. • Managing the precise time-table for construction activities in order to shorten the construction period. • Preventing the dispersion of solid wastes and constructional materials in the environment. • Staff training before the commencement of construction activities. Occupational health and safety • Workers shall be provided with appropriate personal protective equipment, such as coveralls, boots, mittens, gloves, dust and fume masks, all of which must be regularly replaced. • The abstract of the Occupational Safety and Health Act, 2007 must be displayed at prominent places within the site. • Well stocked first aid box which is easily available and accessible should be provided within the construction site as well as at least an ambulance. • Ensure the working hours are controlled and that employees are not allowed to extend the working hours beyond an acceptable limit for purposes of gaining extra pay. • Ensure that all site personnel are provided with an adequate supply of safe drinking water, which should be at accessible points at all times. • Provide conveniently accessible, clean, orderly, adequate and suitable washing facilities within the site. • Comply with the provisions of OSHA 2007. 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 Mineral Resources, NHIF Building, Community, P.O. Box 30126– 00100, Nairobi. (c) County Director of Environment, Elgeyo/Marakwet 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, PTG/00336/17–18 National Environment Management Authority. 22nd September, 2017 THE KENYA GAZETTE