GAZETTE NOTICE NO. 2843

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, Fujita Corporation, Kenya Branch, is proposing to undertake small-scale dredging and dumping in Mwache Bridge- Tsunza Viaduct-Mteza Bridge, Kwale County. The proposal is part of the Mombasa Port Area Road Development Project (MPARD) Package II and will mainly involve dredging of Mwache and Mteza creeks to enable construction of Mwache and Mteza bridges. The area to be dredged in Mwache is approximately 13,561.3m2 and the estimated volume of material to be removed is 35,056.09m3 while the area to be dredged in Mteza is approximately 46,764m2 and the estimated volume of material to be removed is 134,101.31m3. The dredged materials will be disposed within four identified mudflat areas. Impacts Proposed Mitigation Measures Impact of • Dredging should be conducted during high dredging on tide in order to allow some turbid water to be water quality mixed by the movements of the tidal waters. • Use of silt curtains to localize turbidity to the dredging area. • Determine the acceptable critical limits for water quality during dredging based on the baseline values. • Develop and implement a water quality monitoring plan and share results with the stakeholders on a weekly basis. Impact of • Active dredging should be conducted between dredging on the months that local fisher folks express low biodiversity catch landings at BMUs. • Use of silt curtains to localize turbidity to the dredging area. • Develop and implement a biodiversity monitoring plan and share the results with stakeholders on a weekly basis. • Replant mangroves in the potential identified areas in Siji, Ngare, Bonje and Kaya Bombo. Loss of • Implement the Environmental Management mangroves Plan proposed in the ESIA study for the MPARD Phase II. • Implement the EIA recommendations for the 4 mangroves replanting sites. Impact on • Implement the Environmental Management fisheries and Plan proposed in the ESIA study for the local livelihood MPARD Phase II. Resuspension of • Use of silt curtains to localize turbidity to the heavy metals by dredging area. dredging works • Notify NEMA and potentially affected communities if high levels of heavy metal concentrations are reported in the monitoring plan for discussion on suitable intervention measures. • Effective maintenance of barge and excavators and precautionary measures. • Barge should be serviceable and licensed to operate by International Maritime Organization (IMO) and the Kenya Maritime Authority (KMA). • Procure an oil spill response boom, equipment and train personnel on its use in the event of oil spills. • Contract NEMA Licensed contractor to manage waste oil. • Keep records of all pollution incidents and notify NEMA within 24 hours of occurrence. • Comply with the Marpol Convention 73/78, The EMCA Cap. 387 of the Laws of Kenya and The Kenya Maritime Act, 2012. • Level the dredged materials with a gradient following the natural topography to allow for wave action and plant correct species of mangroves that correspond with the prevailing tidal regime. • Dumped materials can be left in situ with a silt bund wall, geotextiles. • Cart away the dumped materials once it dries for backfilling in the proposed borrow pits, pilot road areas or use in landscaping within the Right of Way. • Register the site as a work place with the DOSHS. • Ensure the barge is licensed by the IMO and KMA. • Hire qualified and well-trained personnel and obtain insurance cover. • Enforce the use of Personal Protective Equipment. • Provide a fully equipped first aid box and trained personnel on site. • Create awareness among creek users on the presence on dredging activities as well as the required safety precautions. • Comply with Noise and Excessive Vibration Pollution (Control) Regulations, 2009. • Comply with the Occupational Safety and Health Act, 2007. • Sensitize the workforce on the need to conserve available water. • Contract NEMA licensed waste handler to manage waste from the barge. • Comply with Water Quality Regulations, 2006. • Procure adequate solid waste collection bins with a capacity for segregation within the site and in the barge. Impacts Proposed Mitigation Measures • Create awareness on best waste management practices. • Procure the services of a NEMA licensed waste handler. Increased energy demand • Comply with Waste Management Regulations, 2006. • The barge should comply with the Marpol Convention 73/78, the EMCA Cap. 387 of the laws of Kenya and the Kenya Maritime Act, 2012. • Maintenance of machinery and equipment in a serviceable and good working order to maximize their efficiency on fuel. 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, Kwale County. 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. MAMO B. MAMO, Ag. Director-General, MR/07344682 National Environment Management Authority.