GAZETTE NOTICE NO. 9941

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, Telkom Kenya Limited intends to install a submarine cable in the Indian Ocean waters within the Kenyan territorial waters which will entail installation of submarine cable totaling to 475.363kms in Kenyan waters and 501.694kms in Yemen EEZ waters. The 35.99mm diameter cable will be installed from the Kenyan Exclusive Economic Zone (EEZ) to Nyali Beach and expected to traverse along the Mombasa Marine Reserve. The terrestrial component will consist of the portion of stretch of land approximately 70m from the intertidal zone to the beach manhole (BMH) which will be accessible via Nyali Link Road–Oleander Drive–Moyne Drive, Nyali, Mombasa County. The following are the anticipated impacts and proposed mitigation measures: Impact Mitigation/Management Measures Aquatic habitat alteration • Locating and siting cable routes and shore access, to avoid critical marine habitats, such as coral reefs and breeding grounds. • Monitoring cable laying path for presence of marine mammals. • Avoiding laying of submarine cable during fish and marine mammals breeding periods, calving periods and spawning seasons. • Marine vessels will be required to adhere to International Maritime Organization (IMO) regulations on bilge and ballast water discharge to avoid tensional introduction of non-native species to the marine environment. • Ensure requisite measures are adopted to avoid incursion into areas adjacent to the work site or any secondary effects from pollution, sedimentation, or accidental spills. • Select suitable burial techniques to minimise disturbance effects of benthic species and habitats and the release of contaminants. Hazardous materials and waste • Hazardous waste should be stored on board the vessel until it can be disposed at a suitably equipped port and through a NEMA licensed waste handler, respecting the requirements of the Basel Convention on Transboundary Shipment of Hazardous Wastes. • Ensure new support equipment does not contain polychlorinated biphenyls (PCBs) or Ozone Depleting Substances (ODSs). Polychlorinated biphenyls (PCBs) from old equipment should be managed as a hazardous waste. • Purchasing electronic equipment that meets international phase out requirements for hazardous materials contents and implementing procedures for the management of waste. Air pollution • Project’s cable laying vessels to operate in line with MARPOL 73/78 requirements. Annex VI on Prevention of air pollution from ships. • Contractors to operate only well-maintained engines. • Routine wetting program of all unpaved surfaces including roads and construction areas to suppress dust generation. Noise pollution • Use of equipment and vehicles that are in good working order, well maintained and have noise suppression. 3242 3242 Impact Mitigation/Management Measures • Implementation of best driving practices when approaching and leaving the site to minimize noise emissions. Occupational and health and safety (OHS) – optical fiber safety • Restrict access to the work area, placing warning signs and labelling of areas with potential for exposure to laser radiation and providing adequate background lighting to account for loss of visibility with the use of protective eyewear. • Inspect the work area for the presence of flammable materials prior to the installation of high- powered laser lights. • Avoid exposure to fibers through use of protective clothing and separation of work and eating areas. Community health and safety (CHS) • All open trenches and excavated areas will be backfilled as soon as possible after the construction has been completed. • Restrict ship manoeuvrability during cable laying and display the day signals and lights of a hampered vessel to avoid collision with other vessels at sea. • Vessels to increase watch when navigating in areas that are known to be used by fishermen and other vessels. • Notify the ports authority and other recreational users, so that vessels in the area would be warned of the ongoing operations. Conflict with local community • Consultation with the host community and relevant stakeholders on the mitigation measures proposed for the negative impacts. 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 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/5150243 National Environment Management.