GAZETTE NOTICE NO. 5494

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 proposed trunk section of the Mwache Water Transmission pipelines covers the 5.1km long pipeline section from the WTP to the west main land reservoir located within Kasemeni Location of Kinango Sub-county in Kwale County. The start point elevation of the Trunk Main at the WTP is 115 msl, which is the adopted clear water tank outlet level. From the WTP, the Mwache Tank main traverses south-east, through undeveloped land and small scale cultivated lands to the Mwache Forest. Within the Mwache Forest, the trunk main is proposed to be laid between the newly constructed Standard Gauge Railway (SGR) and the Mwache River. The section of the trunk main within the forest is approximately 1.7km in length. This section of the trunk main has a high cross-fall slope between the SGR and the Mwache River. The South Mainland Transmission Main (Kaya Bombo Pipeline) which is 27.7km of a single DN 1000 Pipeline branches off from the Mwache trunk main at Ch. 2+900 of the Trunk Main and traverses in the S.W direction, through the Mwache Forest to the Mwache Creek. The Pipeline section within the Mwache Forest is approx. 1.9km from Ch. 0+740 to Ch. 2+640 where it crosses the Mwache Creek. The transmission line traverses Kasemeni and Gandini locations in Kinango Sub-County and N'gombeni Location of Matuga Sub-County in Kwale County. The proposed Mwache creek crossing is approx. 450m upstream of the existing Marere Pipeline Bridge Crossing. The length of the crossing from the high tide level on the LHS bank to the high tide level on the RHS bank is approx. 400m. Upon crossing the creek, the pipeline on the RHS bank turns S.E, along the shoreline for approx. 470m before turning south to the alignment of the existing DN 500 Marere Pipeline at Ch. 3+200. 13th May, 2022 Possible Impacts Noise and vibrations impacts are the anticipated impacts and proposed mitigation Mitigation Measures • All waste water which may be contaminated with oily substances must be managed in accordance with an appropriate Waste Management Plan (WMP). Mitigation Measures • Siting noisy plant and equipment as far away as possible from human settlement, and use of barriers (e.g., site huts, acoustic sheds or partitions) to reduce the level of construction noise at receptors wherever practicable. The following measures: Possible Impacts Impacts on water resources Impacts on air quality Impacts on soil resources • Working hours for significant noise generating construction work (including works required to upgrade existing access roads or create new ones), will be daytime only. • Alternatives to diesel and petrol engines and pneumatic units, such as hydraulic or electric-controlled units, will be used, where practicable. • For machines with fitted enclosures, doors and door seals will be checked to ensure they are in good working order. • Equipment will be regularly inspected and maintained to ensure it is in good working order. Impacts on • Avoidance of impacts should be vegetation cove prioritized. However, if not possible then compensatory planting of trees that will be cut by the contractor during works will be undertaken. • Vegetation shall only be within the well field's only if the vegetation and will interfere with Project construction and/or present a hazard. • Areas to be cleared shall be agreed and demarcated before the start of the clearing operations to minimize exposure. • The use of existing cleared or disturbed areas for the Contractor's office, stockpiling of materials etc. shall be encouraged. • Whenever possible, all damaged areas shall be reinstated and rehabilitated upon completion of the contract to as near pre- construction conditions as possible. • Contractor will develop and monitor the implementation of a Community Health and Safety Management Plan (CHSMP). • Contractor will develop Emergency Response Plans (ERPs) in cooperation with local emergency authorities and hospitals. • Contractor will extend the Worker Code of Conduct to include guidelines on worker — community interactions and will provide training on the worker code of conduct to all employees including drivers as part of the induction process. • No hydrocarbon-contaminated water may be discharged to the environment. • At construction stage, the contractor will prepare Specific Construction Environment and Social Management Plan (C-ESMP) which included among other; Soil and Sedimentation Control Plan, Spoil Management Control Plan and Waste Management Plan. • Vegetation clearing and topsoil disturbance will be minimized. • Sheet and rill erosion of soil shall be prevented where necessary through the use of sand bags, diversion berms, culverts, or other physical means. • Topsoil shall be stockpiled separate from subsoil. Stockpiles shall not exceed 2m height, shall be located away from drainage lines, shall be protected from rain and wind erosion, and shall not be contaminated. • Accelerated erosion from storm events during construction shall be minimized through managing storm water runoff (e.g., velocity control measures). • Soil backfilled into excavations shall be replaced in the order of removal in order to preserve the soil profile. • Prepare Specific Construction Environment and Social Management Plan (C-ESMP) which will include among other Soil and Sedimentation Control Plan, Spoil Management Control Plan and Waste Management Plan. • Record all dust and air quality complaints, identify cause(s), take appropriate measures. • Liaise with local communities to forewarn of potentially dusty activities. • Undertake monitoring close to dusty activities, noting that this may be daily visual inspections, or passive/active monitoring as parameter. • Undertake inspections to ensure compliance with the Dust Management Plan. Community health safety and security impacts • Plan potentially dusty activities so that these are located as far from receptors as feasible. • Avoid run off of mud and water and maintain drains in a clean state. • Contractor will provide primary health care and first aid at construction office sites. • Contractor will implement a Community Grievance Mechanism. Worker health and safety and workers management impacts • Remove dusty materials form site as soon as possible if not being re-used. If being re- used, cover or vegetate if possible. • Impose speed limits on haul routes and in construction compounds to reduce dust generation. • Undertake watering to attenuate dust near sensitive receptors. • Contractor will develop and implement a Traffic Management Plan covering aspects such as vehicle safety, driver and passenger behaviour, use of drugs and alcohol, operating hours, rest periods, community education on traffic safety and accident reporting and investContractor will ensure that training on health and safety measures is provided to all construction workers prior to starting to work on the Project. Possible Impacts Mitigation Measures • Contractor will develop and implement a Workers Grievance Mechanism for the Project workforce . • Contractor will ensure that facilities and work sites are designed and maintained such that robust barriers are in place to prevent accidents. • Contractor will ensure that its Code of Conduct is followed to regulate the performance and behaviour of all workers. • Contractor will ensure that adequate clean water, adequate food and access to medical care is provided to all workers. Gender-based • Ensure clear human resources policy violence and against sexual harassment that is aligned sexual harassment with national law. impacts • Integrate provisions related to sexual harassment in the employee COC. • Ensure appointed human resources personnel to manage reports of sexual harassment according to policy. • The Contractor shall require his employees, sub-contractors, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct with specific provisions on protection from sexual exploitation and abuse. • The contractor will implement provisions that ensure that gender-based violence at the community level is not triggered by the Project. Sexual exploitation • Develop and implement a SEA action plan and abuse by with an Accountability and Response project workers Framework as part of the C-ESMP. The against SEA action plan will follow guidance on community the World Bank's Good Practice Note for members impacts Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (Sept 2018). Spread of • Sensitize workers and the surrounding HIV/AIDS impacts communities on awareness, prevention and management of HIV/AIDS and sexual health and rights through staff training, awareness campaigns, multimedia and workshops or during community Barazas. • Use existing clinics to provide VCT services to construction crew and provision of ARVs for vulnerable community members. • Ensure safety of women and girls in provision of VCT services. • Work to minimize or altogether eliminate mosquito-breeding sites. Spread of COVID • Mandatory provision and use of appropriate 19 impacts Personal Protective Equipment (PPE) shall amongst workers be required for all project personnel including. • Avoid concentrating of more than 15 workers at one location. Where there are two or more people gathered, maintain social distancing at least 2 meters. All workers and visitors accessing worksites every day or attending meetings shall be subjected to rapid Covid-19 screening. Possible Impacts Mitigation Measures • Install handwashing facilities with adequate running water and soap, or sanitizing facilities at entrance to work sites including consultation venues and meetings and ensure they are used. • Ensure routine sanitization of shared social facilities and other communal places routinely including wiping of workstations, door knobs, hand rails etc. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, 12th Floor, Ragati Road, Upper Hill, 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, Kwale 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 project. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/3643311 National Environment Management Authority.