GAZETTE NOTICE NO. 12406

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 M.T.S. Overpass & Roadways connecting Plots L.R. Nos. 437 & 438/I/MI and 3910/VI/MN situated at KPA Port Road and Makupa Creek Respectively, Mombasa County. The Proponent (Makupa Transit Shade Limited) of the proposed M.T.S Overpass to link Plots L.R. Nos. 437 & 438/I/MI (port area) and 3910/VI/MN within Makupa Creek is proposing to carry on construction of a two-lane overpass linking two properties owned by the proponent on developed Plots L.R. Nos. 437 & 438/I/MI located at K.P.A., Port Road and L.R. No. 3910/VI/MN located at adjacent to the Makupa Creek next to the Municipal Dumpsite area which is earmarked for rehabilitation. The proponent operates a container depot business on Plots L.R. Nos. 437 & 438/I/MI while L.R. No. 3910/VI/MN is vacant property earmarked for use in port related activities once the overpass becomes operational. The length of the overpass is approximately 100M and is structured to capitalize on the Makupa Creek constrictions, considering the location of the proponent’s facilities. The following are the anticipated impacts and proposed mitigation measures: Possible Impact Mitigation measures Tidal prism change  Reduce the gradient of the slopes of overpass terminals.  Continually monitor the tidal regime change of the creek.  Monitor the stability of adjacent properties regarding renewed tidal erosion and provide sufficient and suitable embankments by stabilizing the overpass terminal areas.  Restore ancient adjacent reclaimed and filled areas of the creek, which are not in use as constructed areas, into salt marshes in order to compensate the loss of tidal prism and the surface of intertidal areas. Water quality  Slowing down the tipping processes and funneling pier motor materials  Undertake construction of stabilization bunds and backfilling of overpass terminals during low tides.  The construction of the bunds can be particularly planned to coincide with the spring low tides.  Use French drains and underground piping to ensure continued flow of fresh water into the creek area.  Decrease time frame over which the overpass construction activities are to take place, to avoid the daily re- suspension of sediments.  Ameliorate the impacts of the daily re- suspension of sediments by the suctioning of sediments that have resettled.  Monitor the quality of storm water discharging from the overpass upon commissioning. Chemical disturbances  The materials to be used as backfill for the overpass terminals will be tested for chemical loading or possible contamination.  Such materials will only be obtained from sites that are compliant with NEMA Regulations. Habitat alterations  Directing disposal of backfilling materials using silt curtains.  Ensure that there is no spread of backfilling materials to adjacent areas within the terminal areas of the overpass i.e. sites that are not within the plot boundaries of the proponent‘s area that is not going to be used for the construction of the overpass. Impact on Marine life  The key mitigating factor on marine life form during construction of the overpass will be to ensure that project activities are conducted during the low tides to minimize impact on sea dwelling organisms.  Develop and implement a monitoring programme for marine life forms to determine resilience upon completion of the overpass development activities and seek the cooperation of Kenya Marine and Fisheries Institute (KMFRI) in this regard.  The rapid undertaking of the overall overpass construction to conceptually decrease the severity and range of impacts in space and time. Potential instability  Use of appropriate substrate for creating terminal bunds and backfilling.  Conducting scheduled compaction tests at defined levels of the overpass. construction process.  Ensure engineering integrity.  Allow adequate time for curing of piers and concrete area upon completion. Shoreline alterations  Observe the conditions of use of the land as stipulated under the title deeds for the land. Landscape changes  Comply with the provisions of the draft zoning plan for Changamwe area and its environs.  Overpass will occupy a lower topology compared to some sections of the surrounding land use. Health and safety of workers at construction stage  Provision of appropriate and adequate Personal Protective Equipment (PPE) to employees including life jackets.  Have stand-by competent rescue personnel and a boat /ambulance.  Enforcement and proper use of PPE by all workers at site.  Provision of appropriate tools, 31st August, 2012 THE KENYA GAZETTE equipment and machinery in sound working conditions to employees.  Develop clear policies on treatment of injured personnel.  Provide insurance cover to workers on site.  Reduce employees‘ exposure to dust and noise at the workplace. Safety at operational stage of the overpass  Installation of guard rails.  Monitoring the integrity of the guard rails overtime. 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, Mombasa 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. B. M. LANGWEN, for Director-General, National Environment Management Authority.