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GAZETTE NOTICE NO. 6979

GAZETTE NOTICE NO. 6979

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT

(No. 8 of 1999)

REGULATION


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 Railways Corporation, is proposing to construct a 255 km SGR track between Naivasha and the proposed Kisumu Port. This project is phase 2B of the ongoing SGR construction and will cut through four counties namely; Narok, Bomet, 21st July, 2017 THE KENYA GAZETTE Kericho and Kisumu. The railway tracks are divided into three main categories; Broad gauge, Standard gauge and Narrow gauge ones based on the gauge differences. The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed Mitigation Measures Loss of vegetation  Retention of vegetation where possible and replanting of trees in other undisturbed areas should be applied.  Minimize the destruction or damage of vegetation cover by clearing construction designated areas only.  Planting of grass in the cleared way leaves and on the slopes of subgrade. Introduction of invasive species  Screen the construction equipment to avoid the spread of invasive species.  Undertake regular monitoring and control of emerging invasive species. Aquatic species  Proposed port located away from fish breeding areas and Hippopotamus grazing zones.  Fence off construction zone.  Screen construction equipment to avoid the spread of invasive species.  Undertake regular monitoring and control of emerging invasive species. Increased use of local resources  Sources of all materials to be inspected prior to acquisition to confirm that they are legitimate operations.  Application of EIA licenses before commencement of related projects along the SGR and proposed port including of quarrying activities, camps and station construction, etc.  WRMA permits and EIA licenses must be obtained before water abstraction. Noise and vibration  Provision of mufflers on exhausts and standard restrictions to hours of site works especially near communities.  Use of ear muffs by construction workers.  Utility of machinery with high noise e.g. pile drivers should be conducted at day time; Night operations (if necessary) should only include machinery with low noise emissions.  Comply with the provisions of Noise and excessive Vibration Pollution Control Regulations of 2009. Generation of solid waste  Adoption of waste minimization approach as part of the construction works.  Monitoring the fate of disposed wastes to ensure they are legally land filled at a recognized controlled site.  Provide waste handling facilities e.g. waste bins andskips for holding waste generated at terminals and in passenger coaches.  Dispose waste at licensed waste treatment sites  Strict Adherence to provisions of Waste Management Regulations, 2006. Visual impact  Take care to minimize destruction of vegetation.  Only areas earmarked for construction activities should be cleared.  Replanting should be done where vegetation is disturbed.  Adoption of alternatives to the alignment and their associated above- ground structures; and refinements to the basic engineering and architectural design including layout, built structures etc. to avoid and/or minimize potential adverse impacts.  Care will be taken to avoid having open trenches in an area for a long period of time. Road traffic disruption  No overloading of trucks and good driving practices to be practiced.  Suitable junction/access point to be provided.  Use of appropriate and legible signage.  Employment of formal flagmen / women in order to ensure the public safety. Soil erosion  Loose soils to be used to fill back excavated/disturbed areas and compacted with a mechanical roller.  Planting of grass on the slopes of the subgrade to slow runoff. Air quality  Limit levels of dust through good practice such as watering of access routes, construction sites, deviations and other disturbed sites.  Cover Lorries transporting construction materials.  Provide workers with appropriate dust protective gear including masks and overalls.  Selection of appropriate machinery and regular servicing of vehicles.  Provide workers with appropriate protective gear including masks to cut down on gaseous emissions inhaled.  Strict adherence to the provisions of Air Quality Regulations, 2014. Water quality  Appropriate selection of equipment in pile driving and dredging,  Proper use of silt curtains and suitable transport of construction materials and dredged material.  Waste resulting from dredging to be disposed on land.  Strict adherence to Water Quality Regulations, 2006. Riverine and lake ecology  Appropriate selection of equipment in pile driving or dredging.  Proper use of silt curtains, and suitable transport of construction materials and dredged material.  Beach erosion could be avoided by carefully planning the steepness of the dredging slope and the deviation from the shore line.  Liaise with other stakeholders to control water hyacinth spread. Oil spills and leakages  Oils and chemicals to be contained in bunded areas and handled over impervious surfaces..  Containment of accidental oil spills and maintenance of construction vehicles and equipment. Bottom contamination  All wastes resulting from dredging and construction of the port must be disposed on land.  Dredging to be focused only on the proposed channel within the shortest possible period Cultural, religious and sensitive sites  Mapping of cultural, religious and sensitive sites.  Routing the SGR to less sensitive sites.  Consulting the local elders and compensation for any unavoidable damages caused. Socio cultural  Commissioning of a RAP study for the proposed project.  Undertake the RAP in accordance with the legal framework of the Government of Kenya.  Equitable employment of indigenous persons.  Timely attendance to emerging issues & conflicts. Land acquisition and involuntary resettlement  Preparation of Resettlement Action Plan (RAP); The RAP will be prepared by KR in consultation with the National Land Commission (NLC). The RAP to be implemented pursuant to the legal framework of the Government of Kenya (GOK). Occupational Health and Safety  Design and implement safety measures and emergency plans to contain accidents risks.  Install appropriate road traffic signs, markings and road furniture.  Provide workers with protective clothing (nose and mouth masks, ear muffs, overalls, industrial boots and gloves) and helmets.  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 Natural Resources, N.H.I.F. Building, 12th Floor, Ragati Road, Upper Hill, Community, P.O. Box 30126–00100, Nairobi. (c) County Director of Environment, Bomet County. (d) County Director of Environment, Narok County. (e) County Director of Environment, Kericho County. (f) County Director of Environment, Kisumu County. (g) County Director of Environment, Nakuru 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 for this project. GEOFFREY WAHUNGU , Director-General, MR/3599164 National Environment Management Authority

Dated the 21st July, 2017.

GEOFFREY WAHUNGU,

Director-General, National Environment Management Authority.

Extracted Entities (1)

previous_gazette_ref

6979

Details

Act / Legislation
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
Reference
No. 8 of 1999
Signed By
GEOFFREY WAHUNGU
Title
Director-General, National Environment Management Authority
Date Signed
21st July 2017
Page
24
Extraction Method
regex