GAZETTE NOTICE NO. 13556

PURSUANT to section 59 of the Environmental Management and Co-ordination Act, 1999, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Spirit Mining Kenya Limited, proposes to undertake gold ore mining and processing. There two main methods of extraction of the gold ore from the ground; Surface mining/open pit mining which is suitable for shallow lying deposits and underground mining which is most suited for steeply dipping and narrow deposits. The processing site will consist of gold room/smelting furnace, CIL system, elution plant, fire assay laboratory, office and workshop block, water storage and supply system, latrines, light fuel storage facility, tailings/sludge dam among other associated facilities on plot L.R. No. Kabuoch/Kaguria/Kamenya/Koguta/708 and Kabuoch/K/K/Koguta/2197 in Kabuoch South Pala Ward, Koguta Sub-location, Pala Location, Ndhiwa Sub-county, Homabay County. The following are the anticipated impacts and proposed mitigation measures: Impact Mitigation Measures Loss of biodiversity • Strictly control movement of vehicles and mining works to ensure that they operate judiciously and over designated areas to minimize destruction of vegetation. • Re-establish vegetation in some parts of the disturbed areas through implementation of a well-designed landscaping programme by planting of appropriate plants. Risk of oil spillage • The proponent shall take into account safety procedures to minimise cases of oil spillage. Such procedures might include maintaining the machinery in specific designated areas designed for such purposes. • Construct an oil interceptor at the machine and equipment service station to separate oil and wastewater before the wastewater joins the natural drainages. Noise and vibrations • The proponent shall properly maintain the equipment and machinery and restriction of construction activities to daylight hours. • Providing ear protective devices to workers and visitors in noisy environments to prevent high frequency noise emitted by the high frequency machines. • Schedule noisy activities during daytime hours when they are less likely to disturb nearby residents. Implement quiet periods during the night. • Use controlled blasting techniques such as pre-splitting, cushion blasting, and electronic detonators to minimize noise. Conduct blasting at fixed times with prior notification to local communities. 18th October, 2024 THE KENYA GAZETTE Impact Mitigation Measures Dust emissions • The contractor on site should utilize dust suppressors (water sprays), cover the trucks carrying tailings and sand with canvass, and pre-start inspection of dust control equipment should be undertaken. • Provide construction workers with Personal Protective Equipment (PPE) such as dust masks. • Adopt the wet crushing technology to minimize amount of dust generated during crushing of tailings and rock ore. • Sprinkling water during dry season on the road to the mining site to suppress dust. Risk of mining work accidents • Mining workers must be provided with appropriate personal protective gears, especially while working in risky conditions. • Drivers transporting rock ore and other materials to the site should be advised on the speed limit to minimize risk of accidents on the local roads. • There will be no tolerance for drunkenness or intoxication during working hours, and no alcohol will be permitted at the project site. • Underground mining and ore processing works to be undertaken by qualified and experienced experts. • Dangerous working areas such as mining and ore processing sites will be protected, fenced, demarcated and cordoned off from the general public. Generation of solid and liquid waste • The contractor must put in place proper waste management mechanism for solid and liquid wastes disposal. • Toilet and/latrine should be provided on site and the necessary sanitary arrangements made. • Food left overs and waste paper will also generate solid waste which must be separated and be disposed at designated sites. Conflicts • Spirit Mining LTD should put in place a pre-emptive community liaison structure aimed at identifying potential issues arising from project-related impacts and addressing them before they become grievances, • The company should also have mechanisms of escalating grievances to relevant mandated agencies in case the grievances cannot be handle at the community level. • The company should put a barrier between the existing electric fence and the public road/ homesteads to prevent electric shocks at night to area residents and animals. Landform and geological change, soil erosion, quality deterioration • Implement phased mining to minimize the area disturbed at any one time. • Use techniques such as terracing, retaining walls, and geo-fabrics to stabilize disturbed areas and reduce landform changes. • Soil conservation measures would be taken to the stockpiles to prevent erosion. Impact Mitigation Measures This can include the use of erosion control fabric. • Design and implement effective drainage systems to manage surface water and prevent erosion. Fire risk • Places with flammable materials should be declared “NO SMOKING ZONES” and clear notices of the same be displayed. • Fire extinguishers should be installed at strategic locations within and outside specific rooms such as light fuel storage area, offices and in areas where food is prepared. • “FIRE ASSEMBLY POINTS” at specific points at the site should be established and marked. • The company should on regular basis train personnel concerning emergencies including those involving fire out-breaks. • Spirit Mining limited should facilitate regular inspection of the fire fighting equipment. Risk associated with transportation, handling and storage of mining chemicals and explosive • Obtain a license for transporting hazardous materials from NEMA, ensuring that the vehicle used for transportation is certified for carrying hazardous chemicals including proper labelling and safety features. In the event of an accident or spill, immediately report to NEMA and other relevant authorities. • Ensure that hazardous chemicals are packaged in containers that are leak-proof and resistant to the chemicals being transported. • Ensure that Safety Data Sheets (SDS) for all hazardous chemicals are available and accessible. SDS provide detailed information on handling, storage, and emergency measures. • Have a qualified person to handle the storage and monitor usage of hazardous chemicals and explosives at the company’s site. No unauthorized persons should be allowed into the storage room or to use the chemicals. Risks associated with blasting • Conduct thorough geological surveys to understand the rock structure and potential hazards. • Establish safety zones and ensure all personnel are clear of the blast area. • Those working in the mine should use PPEs and mats to contain flyrock, dust and noise. Ensure proper handling, storage, and disposal of explosives. • All loading and firing shall be directed and supervised by competent person(s) thoroughly experienced in this field and accredited accordingly. • Inform local communities about blasting schedules and potential impacts prior to blasting. • Adhere to local regulations and industry standards for blasting operations (Explosives Act of Kenya, 2012). THE KENYA GAZETTE 18th October, 2024 Impact Mitigation Measures Ground and surface water quality pollution • Conduct a hydrogeological assessment to guarantee that drilling and blasting operations do not disrupt the water table. • Construct containment systems such as double-lined tailings ponds and leach pads to prevent cyanide leakage into the soil and groundwater. Use high-density polyethylene (HDPE) liners for additional protection. • Ensure proper handling and mixing of cyanide solutions to minimize spills and exposure. • Implement cyanide recycling systems to reduce the amount of cyanide used and disposed of, minimizing the risk of leakage. • Regularly monitor groundwater and surface water quality around the mine site for cyanide levels. The comparison should be based on baseline data before mining operations. • Equip the site with cyanide spill containment and neutralization materials, such as spill kits and neutralizing agents (e.g., sodium hypochlorite or hydrogen peroxide). • Emergency dam should be constructed at the project site based on the slope of the area to collect water that might overflow from the tailing dam during flooding. Effects of cyanide vapours from leach tanks • Processing environment should be maintained in basic condition to avoid evolvement of HCN gas which is poisonous, to achieve this, the plant should use lime to suppress cyanide from being emitted as a fume into the environment. • Install and maintain effective ventilation systems in areas where cyanide is used to disperse and dilute HCN fumes. • Utilize closed systems for cyanide processing to minimize the release of fumes into the workplace. • Train workers on the safe handling of cyanide, recognizing the signs of HCN exposure, and emergency response procedures. • Equip workers with protective clothing, gloves, respirators and goggles to prevent skin and eye contact with cyanide solutions and fumes. Increased traffic • Sensitize the drivers to control and reduce speed of vehicles on the road. • Expand and rehabilitate the local access roads to be used by the trucks. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment, Climate Change and Foresty, NHIF Building, 12th Floor, Ragati Road, Upper Hill, Upper Hill, P.O. Box 30126–00200, Nairobi. (b) Director General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Homa Bay County. A copy of the EIA report can be downloaded at www.nema.go.ke The National Environmental 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 for this project. Comments can also be e-mailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/6539549 National Environment Management Authority.