GAZETTE NOTICE NO. 9746

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 Pipeline Company Limited proposes to undertake decommissioning and utilize part of the of Mombasa– Nairobi Pipeline (line 1) to deliver water to Mombasa from Mzima springs. The proposed project will cover a distance of 450km. The project activities include decommissioning, extraction, disposal (230 No. KM KPCS pipeline from pump station 4 -10, 78No. KM KPCS from Ndii to past Mtito Andei pump station and 10 No. KM KPCS pipeline from Mazeras to Mombasa) and installation of water transmission pipeline (54 No. KM decommissioned and extracted pipeline from Ndii to Mzima headworks, 23No. KM decommissioned and extracted pipeline between KM 20 and 43 to replace the heavily corroded portion and 1.6km pipeline from the KPC line to CWWDA Head water works at Mazeras). The proposed project will traverse eight counties (Mombasa, Kwale, Kilifi, Taita Taveta, Makueni, Kajiado, Machakos and Nairobi City). The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed Mitigation Measures Impacts on soil and water quality • KPC should develop and implement an abandonment plan addressing the potential for contamination associated with the abandonment activities. • KPC should characterize the contaminated areas along the ROW, develop and implement a comprehensive plan to remediate the contamination before abandoning the pipeline. • KPC should implement sound environmental protection practices in accordance with L.N. 120 and L.N. 121 throughout the project phases. • KPC should install water monitoring wells near river crossing points and other points close to water bodies to consistently monitor the soil and water quality. • Detailed documentation should be recorded on the results of the cleaning process or the clean-up of a contaminated site. • KPC should understand the composition of pipe coatings and their associated characteristics to assess any potential risk that may be derived from abandoning the pipeline in place. Security and safety impacts • KPC should include this risk in their ROW management plan and ensure it is well covered by the ERP. • KPC should ensure maximum security of Line 1 through regular surveillance and by involving local administration. • KPC should create awareness to the communities near the ROW. Land acquisition and easement impacts • The project footprint should as much as possible be limited to the ROW. 3186 3186 Impacts Proposed Mitigation Measures • KPC to engage the Government Lead agencies likely to be affected by the proposed project and agree on a formal plan for complying with their requirements. • KPC will be required to work closely with County land officers. • KPC should develop and implement a Land Acquisition and Easement Action Plan (LAEAP). • Potential PAPs should be individually notified about the compensation amount to be paid. Accessibility impacts within tsavo west national park • Work in consultation with KWS to ensure roads are maintained in accordance with National Park Roads (Class P Roads) requirements. • Develop and implement a traffic management plan. Impacts on labour and working conditions- human resource • Develop and implement grievance redress and conflict resolution mechanisms. • Adhere to labour and working conditions as outlined in the Employment Act, 2007. • Ensure workers working at the project site are provided with appropriate and adequate PPE. • KPC will ensure implementation of their drugs and alcohol policy at the site. • Limit worker movements outside the project footprint area and within the community with the aim of limiting interactions between construction workers and the local communities. Traffic impacts • HDD at the road crossing at Mazeras should be well planned and implemented in consultation with KeNHA to avoid interruptions on the A109 and reducing chances of motorist accident. • All the road cutting schedules within the park will be submitted to KWS for approval. • KPC in consultation with Main Contractor and Subcontractors will develop a Traffic Management Plan for the construction phase of the project. • Prepare and implement a plan for to facilitate traffic movement, provide directions to various components of the Works, and provide safety advice and warnings. Occupational health and safety • Use a recognized process to identify and assess the construction EHS risks before construction of the proposed project. • Provide the workforce with access to primary health care onsite. • Comply with International and Kenyan standards for water pipeline projects. • KPC to implement a well-documented health and safety management system. • KPC shall meet all the requirements of OSHA, 2007 for a construction site. Increased soil erosion, slope failure, soil contamination • Implement the soil prevention measures planned during project design. • Use of licensed waste handler, have a well- marked and roofed waste storage area and ensure waste segregation. Impacts Proposed Mitigation Measures • Waste/used oil generated from generators and construction machinery and equipment will be stored on either paved surface or surfaces covered with appropriate HDPE liners in a secure location at the project site. • The waste oil to be disposed in accordance with LN 121 requirements and by a licensed waste handler. • Metal wastes should be re used or sold to scrap dealers. • Develop and implement procedures for managing used hydro testing water to prevent soil erosion and potential soil and water contamination. • The used hydro testing water should not be discharged into the environment without compliance with effluent discharge standards. Water contamination • All the water surface water crossing point should be analysed for petroleum compounds before and after extraction of the pipeline. • Where possible, KPC and pipe coating experts should consider using non-hazardous chemicals or substituting with less toxic chemicals during construction. • Develop and implement a site-specific effluent discharge plan to dispose the inline water. • Establish and implement a site construction waste and wastewater management plan. • Provide disposal facilities for wastes at the campsite and properly allocate the dumping site. • Develop and implement onsite fuelling procedures with comprehensive emergency response procedures for accidental spills that may occur. • There will be no storage of fuel and servicing of the equipment at the site during construction. • The contractors will adhere to existing laws and regulations including LN 120 Environment Management and Co- ordination (Water Quality) Regulations and L.N 121 Environment Management and Co- ordination (Waste Management) Regulations. • Ensure the design, construction and operational of the reused pipeline meets the requirement of all applicable engineering standards, HSE regulations, Water, and public health regulations. • Undertake water quality sampling to ensure water transported by the pipeline meets the requirements for portable water. • Ensure the pipeline is well protected from contamination associated with potential spillage of Petroleum from line 5. • Have in place ERP to respond to an oil spill from Line 5. Air pollution • Workers should be supplied with appropriate PPEs. • Enforce speed limits to a maximum of 30km/h to reduce the amount of dust generated by the project. 21st July, 2023 THE KENYA GAZETTE Impacts Proposed Mitigation Measures • Use dust suppression methods. • Use well-maintained equipment. • Monitor the environmental air quality during construction to determine the effectiveness of the applied air pollution control methods control method. Noise pollution • Workers should be supplied with appropriate PPEs. Impacts on terrestrial fauna • Restricting the project activities to only the maximum area required during construction. • Work in bits while trenching to avoid long exposure of open trench to wild animal and in addition pits should be well barricaded overnight or during other work-off hours. • Engage KWS supervisory construction crew should work closely with KWS officials to ensure no poaching and hunting. • Should be trained on how to handle wild animals and encouraged and sensitized not to harass wild animals. Increased water demand • KPC to enter into a formal agreement on how to maintain the pipeline within the KPC’s ROW. • Development and implementation of the project maintenance plan. • Proper synchronization of the reused pipeline system with the existing Mzima 1 spring. • Put in place a water services and supply monitoring programs to regulate the supply and demand needs of Mombasa. Impacts associated with reuse of oil pipeline • Ensure the design, construction and operational of the reused pipeline meets the requirement of all applicable engineering standards, HSE regulations, Water, and public health regulations. • Continue engaging relevant stakeholders to address any potential issue likely to be associated with the project. • KPC in consultation with CWWDA should develop and implement a comprehensive project maintenance plan. 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, Mombasa Kwale, Kilifi, Taita Taveta, Makueni, Kajiado, Machakos and Nairobi City counties. 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/5161403 National Environment Management Authority.