GAZETTE NOTICE NO. 686

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, Westlands Skye Development Limited has proposed a state of the art premium offices and an internationally styled business hotel housed in an 18 storied office block consisting of two towers-wing A and B. The building will have at least three (3) basements that will serve as the parking area for tenant cars having a total of 40 vehicle parking spaces each. The building will also be serviced with four (4) lifts, have fibre cable serving all the floors. The project is located on plot No L.R. No. 209/64/11 on Muthithi Road, Westlands, Nairobi City County. The following are the anticipated impacts and proposed mitigation measures: Likely Impact Mitigation Measures Loss of flora and faunal • Landscaping with indigenous species on habitats completion of construction. •Maintaining of landscaped gardens, terraces, conservation and management of the vegetation and gardens. •Clearing vegetation only in construction areas and demarcating areas where no clearing will happen. Changes in surface and • During construction, the design (of the sub-surface hydrology drainage system) should ensure that surface flow is drained suitably into the public drains provided to control flooding within the site. •Drainage channels should be installed in all areas that generate or receive surface water such as car parking, driveways and along the building block-edges of the roofs. •The channels should be covered with gratings or other suitable and approved materials to prevent occurrence of accidents and entry dirt that would compromise flow of run-off. •The channels should be designed with regards to the peak volumes such as periods or seasons when there is high intensity of rainfall which is also not common in the project area but just in case such an event occurs. They should never at any time be full due to the resulting heavy downpours. •The drainage channels should ensure the safe final disposal of run-off /surface water and should be self-cleaning which means it should have a suitable gradient. •Storm water generated from roof catchments should be harvested, stored and made use in various household activities such as general cleaning. This will reduce run-off reaching the drainage channels. Minimization of solid • waste generation and ensuring more efficient • solid waste management Changes in soil characteristics Emissions of air pollutants Increased pressure on utilities •Paving of the side walkways, driveways and other open areas should be done using pervious materials such as cabro to encourage water recharge and reduce run-off volume. •Sprinkling water on the soil to prevent dust from rising. •Creating specific paths for the trucks. •Ensuring there is enough space for normal percolation of water. •Preventing pollution from construction wastes by having specific sites for collection, sorting and transport of wastes. •Proper installation and configuration of drainage structures to ensure their efficiency. •Installing cascades to break the impact of water flowing into the drains. •Controlling the earthworks and ensuring the management of excavation activities. •Compacting areas with loose soil. •Landscaping. •Providing soil erosion control structures on the steeper areas of the site & controlling activities during the rainy season. Sprinkling water on soil before excavation and periodically when operations are under way to prevent raising of dusts. Enclosing the structures under construction with dust proof nets. Using efficient machines with low emission technologies for the ones that burn fossil fuels. Controlling the speed and operation of construction vehicles. Regular maintenance and services of machines and engines. Use of clean fuels e.g. unleaded and de- sulphurized fuels. Educate and raise awareness of construction workers on emission reduction techniques. Install scrubbers in the exhausts of motor vehicles to filter the toxic fumes Use of clean fuels such as solar and wind energy sources. Use of de -sulphurized and unleaded fuels in vehicles. •Banning the burning of wastes and other materials at the site. •Using efficient equipment, machines and engines that emit less pollutants. •Employing water conservation techniques and only using the required amounts of water to prevent wastage. •Employing power saving techniques such as switching off equipment when not in use, using natural light whenever possible. •Using machines with power saving technologies i.e. high efficiency equipment. •Providing proper sanitary facilities for construction workers. •Inspecting the drainage facilities regularly to ensure they are free of debris that may reduce their efficiency. Sociocultural impacts • Integrating Equal Opportunity Principles in Procurement and human resource policies. •Promoting social cohesion and integration among people in the area. •Creating awareness towards the diversity of cultures and different economic background of the people in the project staff and residents through sensitization. •Allowing the residents and businesses to form social groups and networks that build social capital. •Targeting social investment programs towards the local communities and region. Increased traffic • Placing signs around the site notifying other vehicles about the heavy traffic and to set the speed limit around the site. •Ensuring all drivers for the project comply to speed regulations. •Making sure the construction doesn't occupy the road reserves and complying to traffic and land demarcation obligations. •Ensuring all vehicles used for the project are in good working condition both legally and commensurate to their intended use. •Ensuring all drivers for the project comply to traffic regulations •Making sure the construction doesn't occupy the road reserves and complying to traffic and land demarcation obligations. •Ensuring all vehicles used for the project are in good working condition both legally and commensurate to their intended use. Generation of waste • Developing and implementing g waste management plan. •Following EMCA regulations on Waste Management, Legal Notice 121. •Using waste minimization techniques such as buying in bulk, buying pre- processed foods in the restaurants etc. •Allocating responsibilities for waste management and identifying all sources of wastes, and ensuring wastes are handled by personnel licensed to do so. •Making available suitable facilities for the collection, segregation and safe disposal of the wastes. •Creating waste collection areas with clearly marked facilities such as colour coded bins and providing equipment for handling the wastes. The bins should be coded for plastics, rubber, organics, glass, paper, electrical equipment etc. •Ensuring all wastes are dumped in their designated areas and through legally acceptable methods and that the bins are regularly cleaned and disinfected. •Assessing and creating opportunities for Regulation, Reducing, Reusing, Recycling, Recovering, Rethinking and Renovation. •Shielding the area to reduce noise propagation. 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)Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30126- 00100, Nairobi. (c)County Director of Environment, Nairobi City 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. MR/8448895 GEOFFREY WAHUNGU, Director-General, National Environment Management Authority. GAzEilb NOTICE No. 687 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY NOTICE TO THE PUBLIC TO SUBMIT COMMENTS ON AN ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED ELDORET BY-PASS ROAD PROJECT IN UASIN GISHU COUNTY INVITATION OF PUBLIC COMMENTS 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, Kenya National Highway, is proposing Eldoret By- Pass Road Project in Uasin Gishu County. The proposed by-pass will commence at Cheplaskei Trading Centre located about 20 km. from the town centre along A104, passes through Kapseret Trading Centre on the Eldoret —Kapsabet—Kisumu Road and ends at Leserunear Maili Tisa (junction with A104 road and Eldoret—Kitale Road). The project road stretches for about 31 km. and is only motorable on a few sections hence very low traffic. The by-pass corridor road traverses 2No. districts, namely Wareng and Eldoret West districts. The proposed road alignment necessitates the acquisition of land through the farmlands while the sections that will not be affected by the construction will be retained for frontage access to the individual properties along the alignment. The following are the anticipated impacts and proposed mitigation measures: Environmental and Mitigation Measures Social Issue Land degradation and soil loss •Comprehensive environment impact assessment study shall be undertaken for all construction camp sites and approved by NEMA before commencement. •Construction wastes (including spoil earth, oils/grease, vegetation and other materials) be disposed off in approved dumping areas. •Prepare a management and rehabilitation plan for construction camp sites as well as the materials extraction sites. •Construction camps and materials sites be restored back to their original conditions upon project completion. •Avoid alignments/deep cuts susceptible to soil erosion. 5th February, 2016 THE KENYA GAZETTE 259 Generation of noise OSH risks •Creating adequate facilities for the storage of materials and chemicals and controlling access to these facilities. •Ensuring bins are protected from rain and animals. •Employing and EHS/OSH plan. •Provision of PPEs to all personnel working in potentially hazardous areas or with potentially hazardous equipment, and replacing the PPEs on wear and tear. •Placing readable signs alerting people of hazardous such as for slippery floors. •Servicing equipment and machine to ensure efficiency. •Providing fire fighting equipment and maintaining them to ensure they are fully functional. •Delineating fire and emergency assembly points and creating awareness to ensure all people at site are aware of them, e.g. through the use maps on elevators, staircases etc. •Putting in place and ERP and ensuring all people in the project are aware of it and the procedures to follow commensurate to the level of emergency. •Providing adequate storage for hazardous and flammable substances and controlling access to them. •Monitoring the movement, handling and management of wastes to ensure they safely managed and don't present any EHS risks. •Working state agencies in the management of emergencies and disasters to ensure multilateral and inter- sectoral approaches to this management. •Performing emergency drills on a frequent basis, setting benchmarks for response and evaluating performance to ensure continuous improvement of response and preparedness. •Erecting signs and notifying other users of noisy activities. •Conducting all noisy activities during the day when permissible levels are higher. •Provision of PPEs such as ear plugs for employees working in noisy conditions or with noisy equipment. •Using equipment with low noise ratings or noise reduction technologies such as for the generators. •Carrying out the decommissioning works only during the specified time from 0800 hrs. to 1700 hrs. where permissible levels of noise are high and acceptable. •Machineries should be maintained regularly to reduce noise resulting from friction. •Providing workers with Personal Protective Equipment such as earmuffs when operating noisy machinery and when in a noisy environment. •Provision of bill boards at the construction site gates notifying people of the activities and timings. Minimize disturbance of the wetland vegetation during bridge construction. Ensure constant watering of construction sections and dry materials piles to keep dust low throughout the project areas. Similar measures will be necessary at the material sites as well as the access road for the delivery trucks. Maintain construction machinery and vehicles at reasonable state of service to minimize unnecessary exhaust emission into the atmosphere. Potential disturbance to residential, commercial and institutional premises along the proposed corridor. Noise and vibrations caused by heavy construction machinery could potentially cause damage to buildings along the construction areas and materials sites. Non-compliance with the elevated noise and vibrations regulations is a likely health risk to the immediate residents or business communities. Non-observance with the occupational health and safety to the construction workers. Integrate drainage system in the overall bypass road planning and construction such as to discharge into the nearest natural water courses. Harmonize drainage with all point sources of surface runoff. All culverts be designed on the basis of hydrological studies such to carry peak runoff. Drainage outfalls should not be directed into private plots or premises. Ensure protection of soil adjacent to the side drains and the constructed drainage outfalls. Maintain the natural flow patterns of water across the landscape with minimal concentration of water flows. Material sites should be rehabilitated and restored to near the original status as soon as they are exhausted to restore the micro-topographical outlook. Road sections with significant cuttings should be done such as not to lose compatibility with the adjoining land areas. Any raised structures should be attractive and easy to use by the road users, e.g. foot bridges. Environmental impact assessments (EIA) to be undertaken prior to extraction of materials from identified sites and approved by NEMA. place upon exhaustion (Contractors will provide appropriate rehabilitation plans for each material site and will not demobilize until restoration is complete). •Material extraction should be done in dump conditions to keep dust low, especially if it is located within settled areas. •Consider establishment of boreholes to provide construction water as opposed to abstraction from the constraint surface water sources. •Oil storage areas should be slabbed and provided with oil interceptors and clean exit drains from the camp sites and oil storage yards. •Obtain water permits for the identified abstraction point for the construction water. •Ensure adequate provision of personal protective equipment (dust mask, ear plugs) and sensitization on use. •Appropriate and adequate awareness creation and social engineering to all stakeholders, especially residents will need to be undertaken. •Information signage and information will need to be erected during construction. •There should be continuous watering of the road during construction to control dust. •Dust masks and first aid kits should be provided to the construction workers. •Provide motor able deviation routes that are accessible and usable during construction by the residents. •Provide alternative accesses across the construction areas to social facilities. •There should be public announcements as to when and where public amenities are to be affected. •In addition, the relocation of public amenities and services along the road corridors need to be done timely and speedily. •Local community should be given first priority when recruiting road casual labourers and consider all genders. •Maintain all construction road sections dump to prevent dust emissions. •Facilitate flow of surface runoff along the project roads to avoid unnecessary flooding. •Ensure driving discipline among the drivers and other construction workers with respect to the public safety. •Enhance information and appropriate signage at all time along deviations and work areas. Air quality Noise and vibrations Drainage Topography and physiology Material sites •Operations of the materials sites to be guided by respective management plans established and approved under the ESIA. •Material extractions and delivery should only he done during the day. •If borrow pits and quarries are operated, they be fenced off for safety of the neighbouring residents. •Rehabilitation of materials sites to take •Ensure Occupational Health and Safety (OHS) requirements are observed at all times during the construction. •Identify appropriate locations for installation of cattle and pedestrian crossings as part of the road project (footbridges, underpasses, crossing rumps, etc.). •Provision of fences around the quarry and camp site areas, areas especially at the camp site. Social impacts Safety 5th February, 2016 THE KENYA GAZETTE 261 Traffic management • Avoid to the extent possible deviating including traffic traffic into the private land to minimize deviations conflicts (confine deviations within the acquired corridor). •Where necessary, the affected deviation roads should be maintained well for the period of construction. •Appropriate signage and information will be provided at all the deviations (beginning and end points). •Ensure all deviations are maintained for smooth flow of traffic. •Information on the intention any sections of the abutting passages early to prepare the residents. Waste management • Spoil generated be disposed off on pre- identified and approved locations (impact assessment should be completed for the locations). •Involve the local residents on the removal and disposal of the spoil and solid wastes to approved dumping areas. •Camp sites shall be provided with appropriate solid waste holding receptacles to be regularly emptied for disposal. •Construction camp management to provide an inventory of waste and an acceptable waste management plan. Displacement issues • Complete the RAP report and verify provisions therein in collaboration with key stakeholders. •Undertake comprehensive compensation process and ensure compensation before commencement of the project works. •Ensure livelihoods restorations where disrupted •Institute legal provisions for acquisition of encroached road reserve. Road safety and public • Provide speed controls (speed bumps health and information) at high population areas. •Ensure pedestrian foot-paths are secure and clear at times. •Provide foot bridges OR underpasses at high population areas as appropriate. •Display appropriate road signage/information and enforce compliance with requirements. •Enhance compliance plans for public transport vehicles plying the routes. •Encourage road safety campaigns to create awareness on road safety. •Sensitize landowners on appropriate land use practices and compatible development structures. •Integrate compliance in vehicular maintenance into the national regulations. Land use changes • Involve the County Government and the Physical Planning Departments in appropriate land use planning regulations along the corridors. •Influence appropriate land use planning in view of future traffic management aspects. Drainage management • Ensure no drainage outfall leads into private property. •Develop a policy for the roads regard drainage outfall management, e.g. acquisition of the outfalls. •KeNHA to develop policy guidance for the project on securing natural drainage outfalls without significant land use conflicts. •The road surface shall discharge surface runoff such as to avoid roadside flooding or discharges into adjacent residential plots. •Consider imposing heavy penalties to truck drivers and operators found washing trucks and other vehicles along the road reserve and other undesignated sections of the road. •Provide adequate drainage system at the truck parking yards to cater for washing water. 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)Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30126- 00100, Nairobi. (c)County Director of Environment, Uasin Gishu 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. GEOFFREY WAHUNGU, Director-General, MR/8448878 National Environment Management Authority.