GAZETTE NOTICE NO. 6349

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 Ministry of Water, Sanitation and Irrigation through Coast Water Works Development Agency proposes to construct a 787m-long and 10.5m-high zoned rockfill dam in Makamini area, Kinango Sub- County of Kwale County. The scope of works will entail: construction of a 9m high earth dam (738m long and 6m wide crest, approximately; 300,000m3 volume of earthworks); a spillway of 28m length with a design inflow of 288m3/s; draw-off system with a capacity of 0.03225m3/s; a water treatment plant (WTP) with 2800m3/day capacity, a rising main approximately 710m long and 255m diameter; 3 clear water tanks each with 1000m3 capacity. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Water quality and pollution Mitigation Measures • Institute a broad water quality monitoring systems from the catchment, upstream, dam basin as well as downstream. • Maintain appropriate records on water quality for adequate monitoring. • Sensitization of the community to shun open defecation practices and embrace proper hygiene standards to prevent possible water contamination. • Ensure proper watershed management practices. • Proper handling of hazardous substances to prevent water contamination. • Suitable site locations for the solid waste disposal to prevent siltation. Loss of biodiversity • Confine vegetation clearance to designated sites. • Conduct vegetation stock to identify existing adaptable local species for replanting. • Avoid soil contamination from machinery leakages to prevent secondary transfer of the compounds throughout food chain process. Waste management • Disposal of construction waste in designated NEMA and county approved sites. • Mobile sanitary facilities to be provide at all active sites. • All effluent material generated on sitekto be discarded in an environmentally sound manner. Soil erosion and • contamination effects Frequent inspection and identification of soil erosion susceptible areas for timely action. Air quality and pollution • Installation of water reticulation systems to ensure minimal triggerof soil erosion. • Land use control in the basin, particularly in the conversion of uncultivated lands into agricultural lands. • Minimizing over-grazing in areas around the dam basin. • Chemical hazards to beimmerly handled to prevent soil and water contamination. • Maintain machinery and equipment according to the recommended manufacturer's maintenance schedule. • Avoid waterlogged conditions within the adjacent lancholhe reservoir. • Management of chemical fertilizers and pesticides. • Sprinkle water on exposed dusty sutfaces to reduce dust generation. 3rd June, 2022 THE KENYA GAZETTE 3327 Possible Impacts Mitigation Measures • Covering heaps and berms of soil. • Cover trucks hauling soil with tarpaulins to minimize wind-blown dust. • Ensure all machineries and equipment are in good working condition to minimize air pollution. • Affixing filters on the exhausts to remove all of the harmful NOx and soot from the exhaust. • Adherence to EMCA (Air Quality) Regulations, 2014. Noise emission • Ensure noise emissions does not exceed permissible levels. • Construction machinery and equipment should be regularly serviced to promote optimum efficiency within the acceptable noise levels. • Sensitize drivers of construction vehicles and machinery operators to switch off engines or machinery that are not being used. • Use of portable acoustic barriers to shield compressors and other noisy equipment where necessary. • Adherence to EMCA (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009. Reduced • Adherence to permit conditions on downstream flows abstraction levels. • Monitoring the hydrology to maintain moper.levels of abstraction. Groundwater table • Conduct comprehensive studies on ground and quality water resources. • Establish a monitoring programme for groundwater quality. • Institute environmental surveillance on chemicals levels. • Utilization of biological methods to combat pests and parasites. Land acquisition • Timely information disclosure to the Project Affected:Persons {PAPS). • Involvement of the residents through consultations and participation to ensure acceptability and ownership.of the project • Conduct an all-inclusive participatory Land Acquisition and Resettlement Action Plan (LAP & RAP) and institute requisite compensation. Occupational health • Provide and monitor workers usage of and safety PPEs. • Provide a register for documenting all work- related accidents/incidents as well as near miss cases. • Provide fully equipped first aid boxes within active sites. • Conduct toolbox talks to promote a safe workplace. • Prepare an emergency preparedness and response plan. • Register all workstations, e.g., campsite as workplaces as provided in OSHA 2007. Possible Impacts Mitigation Measures Increase in spread of • Dissemination of HIV/AIDS training and HIV/AIDS awareness materials. • Conduct HIV/AIDS sensitization and awareness campaigns. • Provide VCT services on site and encourage voluntary testing of workers. • Provide and strategically locate male and female condoms during implementation. Community conflicts • Ensure stakeholders involvement throughout project cycle. • Equal and equitable job opportunities for local residents. • Develop a comprehensive Grievance Redress Mechanism to handle complaints and grievances from PAPs. 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/3653928 National Environment Management. GAzEi I E NOTICE No. 6350 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED 76 KM 220KV MALINDI—KILIFI DOUBLE CIRCUIT LINE; A NEW 220/132KV SUBSTATION AT KILIFI AND INSTALLATION OF 1X23 MVA 132/33KV TRANSFORMER AT THE EXISTING MALINDI SUBSTATION IN KILIFI COUNTY INVITATION OF PUBLIC COMMENTS 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 Electricity Transmission Company (KETRACO), proposes to develop a 76 kilometers (KM) 220kV Malindi—Kilifi double circuit line with a wayleave of 40 meters — 20 meters on both sides from the centre line, a new 220/132kV substation at Kilifi and installation of 1X23 MVA 132/33kV transformer at existing Malindi Substation. The components of the project will include construction of 220KV double circuit line from Weru (switch station) to Kilifi, establishment of a 220/132KV substation at Kilifi and construction of 220KV switch station at Weru. This will also include 132KV link from the proposed 220/132kV substation at Kilifi to the existing 132kV Kilifi Substation. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Mitigation Measures Possible Impacts Mitigation Measures Terrestrial habitat • Use existing utility and transport corridors alteration / including access roads and tracks for destruction of transmission and distribution of existing biodiversity construction materials to avoid habitat alteration. • Undertake selective clearance by removing tall woody species leaving saplings, for quick regeneration of vegetation along the wayleave. • Ensure re-vegetation of disturbed areas with native / indigenous plant species. • Installing transmission lines above existing vegetation to avoid land clearing especially between Konjora and Sokoke location by tower span variations. • Avoiding construction activities during the breeding season and other sensitive seasons or times of day especially at AP16, AP15, AP13 and AP6. • Working in close coordination with pertinent agencies (KWS and KFS) when undertaking spotting of towers especially in the outskirts of Arabuko Sokoke Forest: AP16, AP15, AP13 and AP6. Avian /bird and • Provision of engineering solutions such as mammals including installing visibility enhancement objects bat collisions and including, marker balls, bird deterrents, or electrocutions diverters especially at AP16, AP15, AP13 and AP6 locations. • Build raptor platforms on top of towers for roosting and nesting or birds and bats. • Maintain 1.5 meter (60-inch) spacing between energized components and grounded hardware or, where spacing is not feasible, covering/insulating energized parts and hardware. • Ensure insulation by covering energised parts and/or grounded parts including towers / pylons for protection to birds and to act as bats roosting places. • Working with line agencies such as NMK, KWS and relevant NGOs such as Birdlife International and Nature Kenya for expert opinion and specialized studies (ornithological studies) / bat survey. Increased generation • Use of an integrated solid waste of solid waste management system i.e. the 3 R's: 1. Reduction at source 2. Reuse 3. Recycle; this should apply to plastics, wood pellets, metallic, glass and paper waste or any other materials. • Accurate estimation of the dimensions and quantities of materials required; including use of durable, long-lasting materials that will not need to be replaced as often. • Dispose waste more responsibly by contracting a NEMA registered waste handler who will dispose the waste at designated sites or landfills. • Develop and implement a Construction Waste Management Plan before start of the project. • Comply with the requirements of the Environment Management and Co- ordination, (Waste Management) Regulations (Legal Notice No. 121) of 2006 in the collection, conveyance, and disposal of wastes from the transmission route. 3rd June, 2022 THE KENYA GAZELth 3329 Possible Impacts Mitigation Measures Risk of occupational • Use of signs, barriers (e.g., locks on doors, accidents and use of gates, use of steel posts surrounding diseases /physical transmission towers, particularly in urban hazards / live power areas), and education / public outreach to lines / working at prevent public contact with potentially height / dangerous equipment. electrocution • Deactivate and ground live power distribution lines before work is performed on, or in proximity, to the lines; including ensuring that live-wire work is conducted by trained workers with strict adherence to specific safety and insulation standards. • Implement a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement of fall protection equipment; and rescue of fall-arrested workers. • Provide appropriate Personal Protective Equipment (PPE) to workers and visitors to the proposed transmission route. • Have a health and safety committee and qualified Environment Health and Safety (EHS) Officer along project route / active work sites and adhere to the provisions of the occupational Health and Safety Act of 2007. Displacement of • Ensure full implementation of households and loss Resettlement Action Plan (RAP) report of prior to the project commencement and in businesses/agricultu- accordance to project Resettlement Plan ral produce loss / Framework (RPF) economic impacts • Carry out fair and adequate resettlement and compensation of PAPs as per Kenyan law, World Bank guideline and assistance (allowances and livelihood restoration programs) to PAPs until their livelihoods and incomes are restored to pre-project levels or better. • Ensure enumeration of destroyed crops through a Crop Destruction Register in the presence of crop owner for compensation purposes • Ensuring construction is scheduled after crop harvesting (when farms are largely with no produce). • Implement internal and external monitoring to ensure the RAP is implemented appropriately. • A grievance redress mechanism (e.g., establishment of Grievance Committee) should be put in place to address all emerging complaints and grievances from the PAPs and project area community. • Provide prompt and effective compensation at full replacement cost for losses of assets, agricultural produce attributable directly to the project. Land acquisition • A project Grievances Redress Mechanism (wayleave) and (GRM) including a GRM committee to be resettlement disputes established and implemented, with various tiers of escalation including, provision for legal redress; receipt and recording of grievances at locational level and escalation to KETRACO RAP Implementation Unit to address all emerging complaints and grievances from the PAPs and project area community. • Loss of land and crops should be compensated; the amount of compensation to be paid for private and public land should be as per the Kilifi County land Possible Impacts Mitigation Measures registry rates by National Land Commission (NLC). However, the rates should be in line with the RPF developed for the project. • Ensure ElAs are conducted for specific project activities such as campsites, quarries, materials sites, boreholes etc. • Ensure full implementation of Resettlement Action Plan (RAP) report prior to the project commencement and in accordance to project Resettlement Plan. Framework (RPF). • Implement stakeholder's engagement plan (SEP) to ensure effective communication, community buy in and ownership of the project. This should be done in line with the Ministry of Health COV1D-19 prevention and mitigation measures / government protocols including but not limited to: Physical / social distancing protocols (1.5 metres), Provision of handwashing facilities (soap and water) or hand sanitizing facilities, wearing of masks in public and Limiting gatherings as per GoK directive. Cultural impacts • Avoid any interference including clearing access or tower spotting in areas of archaeological or cultural heritage importance; in this case are approximate of 24 graveyards within the proposed Right of way (RoW). Fourteen (14) graves in Jilore Location, seven (7) in Sokoke/Nyari location and three (3) noted in Tezo-Kilifi Township Location. • Avoid spotting towers by changing transmission line design specifically on the three (3) churches grounds: Word Celebration Centre Church in Jilore Location, Sokoke PEFA Church in Nyari Location, and Barikiwzni Church in Konjora location including any other areas of cultural or religious importance. • Work together with local elders to identify and map any other physical cultural resource and other areas of cultural heritage importance, not identified during the ESIA process. • Work in close liaison with national agencies that deal with areas of archaeological and cultural importance such as the National Museums of Kenya (NMK) to offer guidance in chance finds procedure if unknown heritage resources, particularly archaeological resources, are encountered during project construction or operation. 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 Directdr of Environment, Kilifi 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 dgnema4nema.go.ke MAMO B. MAMO, Director-General, MR/3653886 National Environment Management.