GAZETTE NOTICE NO. 4659

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, LLCOP Joint Development Agreement Partners represented by Pipeline Project Management Team (PPMT). The LLCOP Project is a stand-alone element of the Lamu Port, South Sudan, Ethiopia Transport Corridor (LAPSSET), a key component of the Kenya 2030 strategic vision. Land required for the LAPSSET Corridor will be acquired by the Government of Kenya (National Lands Commission, supported by Ministry of Lands and Physical Planning) by compulsory acquisition under the terms of the Land Act (2012) and transferred to the LAPSSET Corridor Development Authority (LCDA) who will then lease land required for the pipeline corridor to the Project. The pipeline corridor will pass through six counties (Turkana, Samburu, Isiolo, Meru, Garissa and Lamu). The route selection process has incorporated engineering design, constructability, accessibility and logistical factors into the final route selected. The LLCOP Project will be constructed in the 500m wide LAPSSET Corridor, which will also accommodate roads and a standard gauge railway (Lamu/Garissa/Isiolo and Isiolo/Lokichar) and utilities (water and power transmission lines). The LLCOP Project component will require a temporary 26m right of way (RoW) ‘working width’ for construction and a permanent 6 m wide easement to provide access during the life of the Project. In addition other land will be required for temporary construction facilities and a number of permanent pumping stations and other above ground facilities (Stations) along the length of the pipeline. Stations are small stand- alone facilities that contain the infrastructure needed to support the operation of the oil pipeline. The LLCOP Project is designed to provide transportation, storage, and export facilities for crude oil produced from the oilfields in the South Lokichar Basin in Turkana and processed at the Central Processing Facility (CPF) at Lokichar, to a Load Out Facility (LOF) at the Lamu Marine Terminal (LMT), located within the new Lamu Port development. The pipeline will be heated and insulated to maintain the oil at a temperature to maintain its optimum flow characteristics. The pipeline will be buried along its entire 823km length, the minimum depth of cover along the majority of its length will be 0.9m, however, in rocky areas, the minimum depth of cover may be reduced to 0.6m. There are 16 stations along the pipeline route between the CPF (not within the scope of this ESIA) and the LMT. The first pump station (PS1, which houses oil transportation pumps used to pump oil along the pipeline) is located at the Lokichar Export Facility (LEF), with 16 intermediate stations including a booster pump station at Station 4 (PS2), a pressure reduction station (PRS) at Station 9, and various other stations serving multiple functions that are co-located (e.g. power generation, block valves, launcher/receiver stations etc). The LMT consists of an onshore crude oil storage tank farm and ancillary facilities/equipment and a Load Out Facility (LOF) to transfer crude oil to export tankers moored at the Lamu Port. An earlier advertisement of this ESIA was made on the 17th and 25th December, 2019. A variation in the proposed Project design from crude oil storage at the Lamu Marine Terminal (LMT) from a permanently moored floating storage and offloading (FSO) vessel to an onshore tank farm as well as a route re-alignment in Garissa necessitated additional assessment and the preparation of an 10th July, 2020 THE KENYA GAZETTE Addendum to the ESIA Report. All documents are available for review. A summary of the potential impacts identified and proposed mitigations set out in the Addendum, is set out below: Topic /Aspect Impact Project Phase ESIA Mitigation Air quality management Vehicle and equipment exhaust Construction /Operations • Where reasonable and practical, vehicles and equipment will be turned off when not in use, leaving vehicles idling for extended periods will be avoided unless weather and/or safety conditions dictate the need for them to remain turned on. Air quality management Machine / vehicle emissions Construction /Operations • All equipment will be operated and maintained in line with manufacturer’s recommendations, using appropriate fuel and will be monitored with periodic inspection and audits. Air quality management Dust and debris Construction • Where practical, trucks transporting dusty material associated with the project will be covered to prevent escape of materials during transport. Air quality management Dust Construction • Daily site inspections will be undertaken by the Pipe Co Site Representative when activities with a high potential to produce dust are being carried out and during prolonged dry or windy conditions. Air quality management Community complaints Construction / Operations • All grievances, and any actions arising from a grievance, will be recorded in a grievance register. Air quality management Emissions at generator stations Operations • Define frequency and spatial extent of ambient air quality monitoring; this ambient air quality monitoring will include for NOX, SOX, PM10 and PM25 and will be undertaken at sensitive receptor locations identified in ESIA to confirm effectiveness of emissions dispersion. After two rounds of monitoring showing no material exceedance of air quality standards, confirmatory monitoring will only be undertaken thereafter in response to a complaint or at the request of NEMA. Noise management Construction noise Construction • At locations where construction noise will Topic /Aspect Impact Project Phase ESIA Mitigation temporarily exceed statutory limits, NEMA will be notified. The EPC Contractor will liaise with local residents and will implement appropriate measures (such as work times and phasing of work etc) to limit the impact of noise. Monitoring will be carried out prior to and during construction to confirm baseline levels and maintain impacts as acceptable during construction. Water resource management Changes in riverbed morphology – direct change to river flows Construction / Operations • Post construction, excavated areas will be reinstated to reflect the original riverbed geomorphology. Any maintenance or operational activities will not take place in ephemeral rivers or watercourses without relevant permissions. Water resource management Contamination of water resources Construction / Operations • The pipeline and its facilities will be designed to comply with all applicable Kenyan Laws and Regulations, and applicable international design codes and HSE standards, as well as international good practice – specifically the World Bank Group EHS Guidelines and IFC Performance Standards. Water resource management Impact to water resources by abstraction Construction • Hydrotest water will be obtained and discharged in accordance with applicable regulations at locations agreed with the Regulator. Disposal to land will incorporate erosion control Soil management Contamination of soils by hazardous waste Construction/ Operations • Handling, storage, treatment and disposal of hazardous substances will be in line with appropriate standards to reduce the potential of soil contamination. The procedures for all stages of hazardous substance handling, storage, use and disposal will be defined in the CEMP. Soil management Contamination of soils by emergency events Construction/ Operations • The Emergency Preparedness and Response Plan will identify procedures (including for protecting soil resources from contamination) in the event of emergencies 2818 2818 Topic /Aspect Impact Project Phase ESIA Mitigation such as leaks, fires and ruptures. They will include how to manage and dispose of firefighting chemicals to reduce potential for contamination. Cultural values Damage to cultural sites Construction • Consultation and engagement with local communities prior to commencement of construction activities to identify any cultural heritage sites within the RoW, which may be avoided by micro-routing where appropriate. Where encountered and avoidance is not possible, relocation of sacred site, resource or activity if technically feasible, in consultation with local communities. Biodiversity Construction activities facilitate spread of invasive species Construction/ Operations • Develop and implement an Invasive Species Management Procedure, to include hygiene specifications for vehicles and cargo, site clearance and rehabilitation. Biodiversity Construction impacts sensitive species and ecosystems Construction • PipeCo to employ a Biodiversity Officer (BO) to supervise all activities, with a focus on areas of biodiversity sensitivity and implementation of biodiversity-related management controls. BO to prepare location specific Biodiversity Management Plasn to address local biodiversity management issues. BO to have “stop work” authority exercised where there is imminent risk to SoCC. The BO will liaise with key stakeholders such as KWS and conservation institutions to consider all biodiversity issues, including species presence and/or movement in relation to construction schedules and associated activities. Marine flora and fauna Hazardous materials and waste management Construction/ Operations • The Project and all its contractors will maintain strict compliance with all relevant Kenyan legislation and regulations that are relevant to protection of the natural environment Topic /Aspect Impact Project Phase ESIA Mitigation and biodiversity, including but not limited to— (a) disposal of all liquid and solid wastes using approved disposal pathways, and where appropriate employment of licensed waste disposal operators; and (b) all materials required for construction, including but not limited to chemicals, cement and fuel, will be stored in compliance with Kenyan regulations relating to the prevention of contamination and contamination of soils and water. Marine flora and fauna Presence of construction workers Construction/ Operations • A no hunting or fishing policy will be developed and implemented. Disturbance to the environment and natural resources will only be permitted when required for the specific purpose of the Project, e.g. vegetation clearance in the RoW prior to trenching. Cultural heritage Disturbance to cultural heritage sites Construction • Micro-alignment of Project components to avoid cultural heritage sites. Environmental health determinants Vulnerable water resources Construction • As part of the development and implementation of site- specific water management plans, ensure more frequent monitoring of vulnerable community water sources in vulnerable and marginalized communities during project activities that could affect such water supplies. Environmental health determinants Hazardous materials Construction • Ensure appropriate procedures in place for the procurement, storage, handling and disposal of hazardous chemical substances. Tourism Disturbance to tourism activities Construction • Engagement during construction with stakeholders to explain short duration of 10th July, 2020 THE KENYA GAZETTE Topic /Aspect Impact Project Phase ESIA Mitigation construction activities and limited time camps will remain in any one area (including KWS and conservancies). Tourism Impacts to wildlife related businesses Construction • Factor seasonal wildlife movements into construction planning to minimise negative impacts. Pastoralism Disruption to pastoralists Construction/ Operation • Implementation of a Grievance Management Procedure and maintain effective communication procedures, enabling the recording and follow up of complaints related to Project activities. Pastoralism Disruption to pastoralists Construction • Implementation of the Livelihoods Restoration Framework. Livestock injuries Disruption to pastoralists Construction • The length of open trench will be minimised in all areas to limit disturbed areas which could impact pastoralist movement. 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, Community, 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, Turkana, Samburu, Isiolo, Meru, Garissa and Lamu 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 plan. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Ag. Director-General, MR/0744792 National Environment Management Authority.