GAZETTE NOTICE NO. 15449

PURSUANT to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environmental Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the implementation of the proposed Diamond Beach Resort on L.R. No. Kilifi/Jimba/1125 in Watamu area of Kilifi County. The Proponent (Seven Islands Watamu Limited) of the proposed Diamond Beach Resort is proposing to carry on construction of a beach resort at watamu. The project will comprise of 91 hotel rooms, 22 apartments, 3 swimming pools, beach volley ball court, lawn tennis court, commercial zone and business centre among other facilities. The following are the anticipated impacts and proposed mitigation measures: Possible Impact Mitigation measures Impact on marine environment • Observe the 60m riparian reserve setback as this will serve as a buffer zone. • Comply with the provisions of Legal Notice No. 19 of 2009. • Comply with the recommendations of the shoreline management strategy for Kenya for Cell 14. • Secure excavated sites to ensure that soil heaps are not eroded into the sea. • The proponent will collaborate with Kenya Wildlife Service, local BMU/Fisheries Department, Local Ocean Trust /Watamu Turtle Watch and other agencies to explore ways of supporting conservation programmes for the marine environment. Destruction of the physical environment • Following the completion of the entire development, measures will need to be undertaken to restore degraded habitats and biodiversity and curb soil erosion. • Undertake landscaping and planting of sediment binding grasses and gardening. • A key consideration will be the replacement of indigenous trees that will have been felled during the construction process. • Excavations will be limited to foundation areas only. • Ensure that any compacted areas are ripped to reduce run-off. Impact of sourcing of raw materials from environment • Obtain raw materials from sources that are compliant with NEMA Regulations. • Procure quantities that are sufficient for the intended works only. • Recycle as far as practical to stem wastage. • Commit to extensive use of recycled raw materials as will be appropriate and in a manner that does not compromise the safety of the development. Noise pollution • Locate concrete mixers as far as practical from neighboring properties. • Inform neighbors in writing prior to commencement of the development so that they are prepared psychologically at least two weeks in advance. • Employees using equipment that produce peak sounds shall be provided with earmuffs. • Comply with the provisions of Noise Regulations (Legal Notice No. 61 of 2009). Dust generation • Secure the site using appropriate dust screens. • Sprinkle building materials that are likely to produce dust such as ballast with water before use to suppress dust. • Access road and dust surfaces at the construction site should be sprinkled with water twice a day. • Employees will be provided with appropriate dust masks. Health and safety of employees at the workplace • Provision of adequate and appropriate Personal Protective Equipment (PPE) including safety shoes, helmets, gloves and overalls. • First aid services and an emergency vehicle to be readily available at site. • Securely protect moving parts of machines and sharp surfaces with guards to avoid unnecessary contacts and injuries during construction phase. • Ensure that all chemicals used in construction are appropriately labeled or marked. • The construction site to be registered as a workplace with the Directorate of Occupational Health and Safety. Solid waste management • Use of an integrated solid waste management system i.e. through a hierarchy of options: 1. Source reduction 2. Recycling 3. Reuse 4. Disposal. • Transportation of wastes from the site to be done by a NEMA registered solid waste handler who will use appropriate vehicles for conveyance of wastes from site to designated sites. • Comply with the Waste Management Regulations, 2006. Traffic management • Heavy commercial vehicles delivering raw materials shall observe designated speed limits for the area. • Personnel shall be deployed at site entry and exit to direct traffic in and out of the site. Security personnel could double in this role. • Proper signage and warnings to be placed on the access route to forewarn other motorists on the use of the road by heavy commercial vehicles. Impact of visitor pressure on the marine environment • Educating visitors on the importance of conservation of marine resources. • Installation of mooring buoys for boats and sea craft used by the resort. The delineation of the designated mooring area shall be done in consultation with the local BMU, LOT/WTW and Kenya Wildlife Service. • Initiating marine conservation programmes that tourists can participate in such as adoption of sea turtle nests to help raise awareness and funds for conservation. THE KENYA GAZETTE 26th October, 2012 4146 4146 Impact of beach lighting installations and beach use on sea turtles • Diffuse lighting systems should be adopted for the houses facing the beach. • Minimize night movement on the beach on the part of visitors. • Carry out daily early morning monitoring of the beach frontage for any possible sea turtle nesting activity. • Maintain recommended setback lines for all activities including daily removal of sun bathing beds from the beach at night fall. • Keep records of sea turtle sightings/stranding in the area and submit them to KWS and if possible share data with Watamu Turtle Watch. Potential conflicts with local fishers • Collaborate with the local BMU and Fisheries Department in decision making regarding the use of shared resources such as beach usage and access. • The proponent should always endeavor to solve amicably any conflicts that may arise from the use of marine resources. • Give priority to local fishermen for relevant job opportunities that may arise. Effluent generation • Sewage/wastewater will be managed through the construction of wastewater recycling plant. • The design of the recycling plant should ensure that the quality of water discharging from it meets the standards specified under Schedule III of Legal Notice No. 120 of 2006. • Regular monitoring of the quality of water discharged or recycled to ensure that it meets the standards specified under Schedule III of Legal Notice No. 120 of 2006. • Kitchen sinks to be fitted with oil and grease traps. • Apply for an effluent discharge licence from NEMA in compliance with Legal Notice No. 120 of 2006 Increased water demand • Ensure sources of water for use meets the standards specified under schedule I of Legal Notice No. 120 of 2006 (standards for domestic supply) . • Install self regulating water taps for sinks and basins. • All water for use shall be metered to determine consumption levels and yields of the underground water sources. Possible fire hazards • Prepare and implement a Fire Hazard Response Plan • Only qualified personnel (electrical engineers) to install electrical systems for the resort. • Engineering standards to meet provisions for adequate and safe wiring; plumbing, heating, and cooling systems will also be in conformity with acceptable building codes. • Install fire alarm detection and notification systems. • Install smoke and heat detectors. • Prominently display guidelines on what guests, visitors and staff should do in the event of a fire. The full report of the proposed project is available for inspection during working hours at: (a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (b) Permanent Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30521, Nairobi. (c) County Director of Environment, Kilifi 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 of the plan. SALOME MACHUA, for Director-General, MR//0910601 National Environment Management Authority.