GAZETTE NOTICE NO. 7097

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, Chief Officer, Department of Irrigation, Mandera County Government, is proposing to construct a water pan and Irrigation Scheme Project on a parcel of land located at Kutulo/Malbe Village, Kutulo Sub County, Mandera County. The proposed project will entail construction of 200,000 cubic metres water pan for irrigation of a 1000 acres' land, irrigation installation, intake works at the water pan and farm house, Mandera County. The following are the anticipated impacts and proposed mitigation measures: Impact Air Pollution Proposed Mitigation Measures • Prohibit idling of vehicles at site during excavation. • Spraying water materials/workplace. on dusty • Regular maintenance of construction plant and equipment. • Enclosing the site where possible. • Wetting all active construction areas as and when necessary to lay dust. • Appropriately cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard. • Pave, apply water when necessary, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; and • Sweep when necessary (with physical sweepers) all paved access roads, parking areas and staging areas at construction sites. 18th September, 2020 THE KENYA GAZETTE 3665 Impact Proposed Mitigation Measures Noise pollution • Strict adherence to designated working hours from 8am-5pm and during weekends. • Ear muffs to be given during construction. • Switch off noisy machinery when not in use. • Comply with Noise Regulation 2009. Air pollution • All active construction areas will be watered at least twice a day to reduce dust. • All trucks hauling soil, sand and other loose materials shall be covered. • Comply with Air quality Regulations, 2014. Loss of vegetation • Except to the extent necessary for establishing the operation site and carrying out the excavation works, vegetation shall not be removed, damaged or disturbed nor should any unauthorized cutting of vegetation take place. • Work activities to be restricted to Railway corridor and station areas. Occupational health • Provide safety and protective clothing to and safety workers. • Have an emergency response for all kinds of emergencies plan ready at the site at all times. • Store materials that can potentially harm workers and passersby in a safe mode when not in use. • Put up signs and posters to warn people of hazardous material and dangerous appliances and machinery. • Comply with Occupation Safety and Health Act 2007. Decommissioning • of dumpsite at Murang'a Station • • Comply with Waste Management Regulations, 2006. Accidental sSpills • Reporting of all environmental incidents to the relevant authorities. • Develop and implement a Spill Prevention and Response Plan (SPRP). • Prevent spills from entering drains or water courses. • All spills to be cleaned-up as soon as safe, weather and access permitting. • Any contaminated soil and clean-up materials should be collected and placed in a labelled container for disposal off-site through by licensed contractor. Social interactions • Potential conflicts with surrounding community's culture and welfare. • Demand for employment and income generation opportunities associated with Railway operations. • Installation of visible St. Andrews level crossing signage for road user. • Speed restrictions near level crossings. • Installation of rumble strips on the roads near level crossings. The full report of the proposed project is available for inspection during working hours at: Decommission the dumpsite. Decontaminate the dumpsite. Traffic disruption/ Level crossing collisions Proposed Mitigation Measures • The engine size of the construction equipment shall be the minimum practical size. • The number of construction equipment operating simultaneously shall be minimized through efficient management practices. • Construction equipment shall be maintained in tune per the manufacturers specifications. • Vehicle idling time shall be minimized; and • Equipment shall be properly tuned and maintained. • Proper storage, handling and disposal of oil and wastes from machinery. • Discourage servicing of machinery and vehicles on site except on containment area. • Remediate contaminated soil. • Landscaping. • Ensure management of excavation activities. • Control activities especially during rainy conditions. • Provide soil erosion control and conservation structures where necessary. • Proper disposal of excavated loose soil. • If contaminated land is identified further investigate and develop a remediation plan. • Develop appropriate management and disposal methods for contaminated soils and other materials. Proposed Mitigation Measures • Put up simple instructions on how to handle fires, products spills LPG incidents, armed robbery and product contaminations. • A fire evacuation plan must be posted in various points of the project site including procedures to take when a fire is reported. All workers must be trained on fire management and fire drills undertaken regularly. • A fire assembly point must be identified and labeled accordingly. • Use of commercial bill boards to keep construction activities out of sight from the immediate neighborhood. • Expedition of construction as far as is technically viable so as to minimize adverse visual impact. • Landscaping and gardening to restore biodiversity and aesthetic property of the project. • Ensure proper waste collection and disposal. • Provide first AID kit at site. • Sensitize residents/workers on environmental management. • Eliminate breeding of mosquitoes. • Workers should be trained on occupational health and safety and first Aid administration. • Train staff on petroleum product handling. • Sensitize workers on HIV and AIDS. Impact Oil and chemical spills Soil Erosion and contamination Fire Risks • Dispose of contaminated soils to authorized facilities on-site or off-site in accordance with disposal permits. • Design fuel, oil and chemical storage areas in accordance with Kenyan Standards. • If dispersive soils are necessary to be incorporated as construction material, undertake appropriate treatment of the soil first. • Undertake appropriate measures required to stabilize the soil moisture content of shrink and swell soils. • Manage works during the wet season and erosive rainfall events bearing in mind that mud slips can occur and can be hazardous. • Appropriately manage works and avoid increasing the risk of erosion. • Manage soils that are at risk of becoming waterlogged. • Manage acidic and alkaline soils. • Rehabilitate disturbed areas once construction is completed. • Develop and implement erosion and sediment control management plan. • To enhance health and safety preparedness among workers. • Ensure equipment is in good working condition. • Put up emergency response contracts. • Put up Emergency Response Procedures notification instructions. • Encourage residents to maintain high standards of personal cleanliness; Keep the premises and its environment (surroundings) clean always. • Investigate cause of an accident at the workplace and keep record of accidents that occur at the workplace. • Review cause of an accident and develop response, such as variation of OHS plans and strategy or risk awareness to all employees. • Implement controls as stated in the OHS strategy. • Construction activities should be done only during the day. • Place sign posts at strategic point to notify public of the development. • Put speed caution labels to avoid accidents. • Where possible encourage the use of environmentally friendly fuels such as lead- free fuels. • Provide adequate parking facilities within the premises. • Prohibit parking of construction vehicles along access road. • Firm to deploy adequate security personnel to guide traffic, parking and movement within the compound • Install heavy truck turning signs at safe distance along pipeline road (during the construction period for transporting construction materials) Impact Visual intrusion Occupational Health & Safety risks 18th September, 2020 THE KENYA GAZETTE 3667 Impact Proposed Mitigation Measures Noise and • Construction activities to be restricted to vibrations daytime. • Workers in the vicinity involved in high level noise to wear respective safety and protective gear i.e. earplugs. • Low noise selection of machinery. • Enclose the site. • Use low noise equipment. • Install portable barriers to shield compressors and other small stationary equipment where necessary. • Use of quiet equipment (i.e. equipment designed with noise control elements). • Limit pick-up trucks and other small equipment to a minimum idling time and observe a common sense approach to vehicle use, and encourage workers to shut off vehicle engines whenever possible. • Provision of appropriate personnel protective equipment. Waste generation • Ensure detailed design and specifications are undertaken so as to minimize the generation of waste during construction and the durability of materials is considered. • Locate material and stockpiling areas within the construction corridor until its ultimate destination is determined. Appropriately manage stockpile areas and storage areas. • Dispose non-recyclable construction materials at a licensed waste facility and avoid fly-tipping. Ensure used furniture and equipment from decommissioning is sold off/reused or donated to charity where possible. Otherwise dispose of at an appropriately licensed landfill. Recycle steel off cuts or scrap or send it to scrap metal recycler. • Recycle any ballast that cannot be reused as ballast and remove excess ballast and clean fill off site for reuse, as possible. Interference with • Erect temporary fencing around the Terrestrial and construction zones in accordance with an aquatic ecology approved site management plan. • Right-of-way boundaries and sensitive areas shall be clearly marked with flagging tape prior to clearing. • Right-of-way clearing will be limited to the area required for construction, operation and maintenance of temporary diversion routes and permanent alignment. Land disputes and • Formulating a detailed Resettlement Action grievance Plan (RAP) process. management • Identify and list all the Project Affected People (PAP) by type of losses and extent of project stages in an Entitlement Matrix. • Consult Affected Persons (AP's) on, and offer choices among technically and economically feasible resettlement alternatives. • Compensate those affected according to the official market rates. • Provide allowances and other assistance to make a smooth transition after displacement. • Implement an institutional structure or a mechanism for monitoring and evaluating the compensation/resettlement process. Impact Proposed Mitigation Measures • Involving the Resident Engineer and Project manager in the grievance redress mechanism processes. • Building capacity of GRM committees to receive and handle grievances. • Facilitate the GRM committees to handle a wide range of grievances in their respective areas. • Expose GRM committees to paralegal training to improve capacity to arbitrate grievances. • Strengthen the capacity of GRM committees to handle such tools as stakeholder register, feedback form, grievance form, commitment register and grievance log form. Cultural heritage • To recognize, respect and protect cultural and natural heritage and social bonding during Design Phase, Construction Phase and Operation Phase of the Project. • Ensure community participation in decisions regarding heritage conservation, and realize that the cultural and spiritual importance of heritage sites and properties may be very location-specific. • Educate workers on the cultural sensitivities in the host communities. • Culture clash -Identify with the host communities during festivals. Child protection • Workers sensitization on child protection issues. • Workers signing code of conduct. • Constructing entertainment facilities at the camps to reduce interaction with children outside the camps. • Verification of age through national identification cards/passports for workers. • Build capacity of village volunteer child monitors to enhance awareness on child protection in their respective catchment areas. • Setting up of hotline for reporting incidences of child abuse and the number posted at strategic places within the project area. • Encourage village volunteer child monitors to work closely with the office of chief and department of children on issues of child protection. • Involve grievance redress mechanism committees, NGO's and department of children to support child protection processes. Climate change • Sprinkling water along the dusty prone areas to avoid dust from covering the existing vegetation. • Growing trees and flowers in the campsite. Also plans are underway of planting trees at the areas affected by the project at the end of the project. • Bush clearing is only restricted to the road reserve and the borrow pit areas. Some trees are spared at the borrow pit • Use of firewood and charcoal is highly discouraged Impact Proposed Mitigation Measures • Burning of dry solid waste is not allowed • Waste is properly managed at all project sites • Portable clean and safe water is provided at the offices and water taps are installed at the strategic areas at the campsite and the crusher site. The workers will be provided with the washing bays at their residential areas. • There is a water resource management plan to ensure sustainable management of the scarce resource. The full report of the proposed project is available for inspection during working hours at: (d) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (e) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. County Director of Environment, Mandera County. A copy of the report can be downloaded at www.nema.go.ke 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 regarding this plan. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Ag. Director-General, MR/1324502 National Environment Management Authority.