GAZETTE NOTICE NO. 2052

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 Rural Roads Authority, is proposing to improve to bitumen standards of Kamatira-.Cheptongei Road in West Pokot and EtgeyolMarakwet counties. The Kamatira—Cheptongei Road improvement project measures approximately 81 km long and traverses West Pokot and Marakwet Counties. The road from Kamatira Junction (JcnAI) to Kapsait is in West Pokot County and measures approximately 39.5 km, while the section from Kapsait to Cheptongei junction is in Elgeyo Marakwet County and covers a length of approximately 41.5 km. The following are the anticipated impacts and proposed mitigation measures: Impacts Proposed mitiga!ion measures Material Sites (storage Inspections for soil stability should be areas, borrow pits and carried out for proposed sites. quarries) • The Contractor will be responsible for ensuring that consents and authorizations for material Sites are obtained priorto commencing works. • The Contracmr will develop site specific rehabilitation plans to be approved by the resident engineer hefore excavating any material. Such n plan must contain photos of the site before excavation and indicate the site coordinates. • Material sites shallbe located at least 10 meters from watercourses itO minmize sediment transportation tiy runoff. • The Contractor shall give -notice to site neighbors of Iris £ntention to excavate. • All sites will be cordoned off for the safety of animals and the public. • Prepare an emergency preparedness and response plan for quarries. Satisfactory • The Contractor shall reinstate and decommission all material sites immediately they are disused. • Top soil will be stripped and piled with the intention of using for rehabilitation of material sites. • Upon completion of works, borrow areas should be graded and backfilled with top soil. • The sites should be planted with indigenous species where its deemed feasible. • In case blasting is required, the Contractor will seek authorization from the Department of Mines and Geology. • The Contractor should engage a licensed blaster for all blasting and rock-splitting operations. • The Contractor shall notify neighbors before blasting. - Interference with cultural • Adequate notices to be given for owners site of structures on the road reserve to remove them. • Provide retaining walls and a fence where structures are near the road for example Kabichbich health centre in the short run and relocating it in the long run. • Erect gabions where there are deep cuts that block access to properties and facilities. The contractor should erect access lanes where there are deep cuts on the roadside that interfere with access to properties. Interference with • Adequate notices to be given for owners structures at the road- of structures on the road reserve to reserve remove them. • Provide retaining walls and a fence where structures are near the road for example Kabichbich health centre in the short run and relocating it in the long run. • Erect gabions where there are deep cuts that block access to properties and facilities. • The contractor should erect access lanes where there are deep cuts on the roadside that interfere with access to properties. Air Pollution • Regularly service and maintain vehicles and construction machinery in accordance with the owner's manual to minimize gaseous emissions. Spray all earthworks areas and transport routes depending on prevailing weather conditions. -. Workers should be provided with dust -masks in dusty work environments. • Clear vegetation only from those areas necessary for construction work to occur. Sprinkle stock piles with water and keep them covered in dry weather. Prohibit unnecessary idling of motorized equipment. Use clean and low sulphur fuels for vehicles and machinery. ullc-soil transporting trucks should be covered to avoid spills and wind-blown dust. • Complaints regarding decline in air quality as a result of project activities should be recorded and communicated to the resident engineer for monitoring. • Project vehicles should observe speed limits to keep down dust. • Comply with all the provisions of Air Quality Regulations (2014). Drainage system and Integrate drainage system in the overall outfalls road planning and construction. 2nd March, 2018 THE KENYA GAZETTE 639 Noise and vibrations Wildlife corridors poaching Vegetation loss • Harmonize drainage with all point Solid wastes • The contractor should develop a waste sources of surface runoff, management plan. • Relevant authorities are requested to • All personnel shall be instructed to address enhanced sanitation, dispose of all waste in a proper manner. • All culverts be designed on the basis of • Contractor shall provide litter collection hydrological studies such to carry peak facilities. runoff. The final disposal of the site waste shall • Drainage outfalls should not be directed be done by approved waste disposal into private plots or premises. agents. • The relevant Authorities to enforce • Provision for responsible management control of discharging polluting effluent of any hazardous waste generated into the open drains during construction according to NEMA regulations on period. waste management. • Where possible, confine construction • The spoil designated area need to be activities to day time hours, more than 20 meters from watercourses. • Regularly service and maintain vehicles • The development and rehabilitation of and construction machinery in spoil areas shall include the following accordance with the owner's manual to activities. minimize noise nuisance. • Stripping and stockpiling of topsoil. • Sensitive noise receptors such as • Contouring of spoil site to approximate schools, hospitals and homesteads natural topography and drainage and/or should be notified by the Contractor if reduce erosion impacts on the site. construction is likely to cause more noise than usual. • Placement of excavated subsoil and then topsoil over spoil material. • Construction workers should be provided and encouraged to use PPE Contouring and re-vegetation. appropriately. • Strict adherence to Waste Management • Avoid unnecessary hooting by project Regulations, 2006. vehicles within 200 in of noise sensitive Liquid wastes • Potential pollutants of any kind and in receptors. any form shall be kept, stored and used • Any complaints regarding noise and in such a manner that any escape can be vibrations by project activities should be contained and the water table not recorded and communicated to the endangered. resident engineer for monitoring. • Wash areas shall be placed and • Comply with all provisions of the constructed in such a manner so as to EMCA (Noise and Excessive ensure that the surrounding areas Vibrations) Regulations 2009. (including groundwater) are not polluted. • Erection of electric fence along the road corridor. • The Contractor shall notify the RE of any pollution incidents on site • Posting waming signs on dangers of encroaching on wildlife crossings. No grey water runoff or uncontrolled discharges from the site/working areas. • Community education on wildlife conservation Wildlife corridors should • Water containing such pollutants as have speed bumps to prevent accidents, cements, concrete, lime, chemicals and fuels shall be discharged into a • Poaching must not be allowed under any conservancy tank for removal from site. circumstance. • The Contractor shall also prevent runoff • Authorities to closely monitor loaded with sediment and other construction activities at the forested suspended materials from the sections. site/working areas. • Site clearance for construction shall be • Adherence to Water Quality kept to a minimum. It is encouraged that Regulations, 2006. open grounds should be given first consideration for use over vegetated Cement! Concrete • Concrete batching plant shall be located areas. Batching more than 20 in from the nearest stream/river channel. • Trees should be trimmed rather than completely cut wherever possible. Topsoil shall be removed from the batching plant site and stockpiled. • Consider planting grass in areas not of active works. • Concrete shall not be mixed directly on the ground. • Clearance should be done in such a way that that damage to adjacent areas to the • The concrete batching works shall be site is prevented or minimized, kept neat and clean stall times • Clearance especially at material sites • Suitable screening and containment should be done with the intention of shall be in place to prevent windblown noting the type of species native to that contamination associated with any bulk area for purposes of re-vegetating cement silos, loading and batching. during reinstatement. • Waste concrete and cement sludge shall • Areas with threatened or endangered be scraped off the site of the batching plant should be avoided and only used plant and removed to an approved as a last resort, disposal Site. • Use of fuel wood for any project • All visible remains of excess concrete associated activity should be highly shall be physically removed on discouraged. completion and disposed at an approved disposal site. Washing the remains into Sanitation and management of septic waste Public Health Relocation of public utilities such power lines Emergence of unplanned settlements Increased incidence of water borne diseases due to possible pollution Alterations in downstream flow of rivers Occupational Health & Safety the ground is not acceptable. • All excess aggregate and sand shall also be removed. Diversion and access • Adequate signage should be erected roads to properties where there are diversions and workers manning diversions should wear reflective clothing. • Bumps should be installed at all sharp corners. • Road improvement should not block access to properties, where the contractor interferes with the same, the he should provide access. • Where there is a deep cut, an access lane should be provided. • The Contractor should adhere to the road reserve as much as possible in locating the diversion if required. If diversion mutes go beyond the road reserve, necessary permission should be sought. • Where possible the diversion must be limited to already connecting routes in the area. • The Contractor shall comply with all applicable laws and bylaws in Kenya with regard to road safety and transport. • Access to the construction site and works area shall utilize existing roads and tracks where possible. Soil Erosion and • All earthworks should be avoided Embankments during wet seasons to reduce susceptibility of soil erosion and collapse of embankments. • Earth dumping sites should be designed in such a manner as to facilitate natural water discharge. • Excavated materials and excess earth should be kept at appropriate Sites approved by the Resident Engineer. • Cut areas susceptible to landslides should be protected immediately after the works, and works should not be prolonged at such sites unnecessarily. • The Contractor should protect areas susceptible to severe erosion such as across steep slopes by installing necessary temporary and permanent drainage works. • Areas affected by construction related activities and are susceptible to erosion or landslides must be monitored regularly. Water resources use • The contractor should not interfere with conflicts and community natural springs near some interference with sections of the road. natural springs The Contractor must adhere to water quality regulations described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. • Ensure community complaints related to water abstraction activities are promptly mitigated. • Liaise with the community leaders to address any water use conflicts. • Where water scarcity is acute, drill boreholes to augment available supply. Construction camps • The site for the Contractor's Camp shall be determined in collaboration with the Roads Engineer taking into consideration the following: • The security situation in the area (expressed authority must be given by the Officer Commanding Police Division. • Involve local community and administration in site selection. • Decommission the camps and Reinstate the land to its natural. • Mobile toilets should be provided to workers. The Contractor shall comply with laws and by-laws relating to public health and sanitation. All temporary/ portable toilets or pit latrines shall be secured to the ground. All toilets shall be maintained by the Contractor in a clean sanitary condition. A wash basin with adequate clean water and soap shall be provided alongside each toilet. Ensure that solid!liquid effluents are disposed by licensed agents or through approval by the local Public Health Office. The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities. All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, warning signs must be erected. The HIV/AID's prevention campaigns should be conducted at the camps as well as in the trading ! market centers. The contractor shall take an active role in civic and public health education to his employees. No road improvement activities should take place where there are utilities on the road reserve i.e. power posts. Undertake inventory of existing utilities in the project area before beginning construction. Relocation of services, if needed, should be provided for in the Bill of Quantities Notice should be given to the utility users prior to any interruption in supply. To forestall the growth of unplanned settlements around the construction camps and other work sites, KeRRA and the local administration will need to undertake routine and strict surveillance around the work sites. To mitigate against the potential increase of persons who may be affected by the project, presently and in future, the KeRRA should inform the local administration to help in stopping further informal developments within the project areas. Public sensitization on domestic water treatment. Pollutants must not be allowed to enter into rivers. Where the contractor pollutes rivers, the Polluter Pays Principle applies. Regulating water flow while abstracting for road works to mimic the natural flooding regime and maintain ecologically sustainable flow conditions. The Contractor shall comply with all standard and legally required health and 2nd March, 2018 THE KENYA GAZETTE 641 safety regulations as promulgated by Factories and Other Places of Work Act, ILO Guidelines on Safety and Public Health in the construction activities and Occupational Health and Safety Act 2007. • The Contractor shall provide a standard first aid cupboard at the site office. • There should be a Safety Officer on site who has first aid training and knowledge of safety procedures. • Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. • Appropriate firefighting appliances shall be provided on site. • The Contractor shall provide the appropriate Personal Protective Equipment for staff. • The contractor must have insurance cover for the workmen. • The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site. • The Contractor shall ensure that there is basic fire-fighting equipment available on site. • The Contractor shall ensure that some workers are trained as fire marshals. -• Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires. • Hot' work activities shall be restricted to a site approved by the RE. The full report of the proposed project is available for inspection during working hours at: Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. Principal Secretary, Ministry of Environment and Mineral Resources, NHIF Building, Community, P.O. Box 30126- 00100, Nairobi. County Director of Environment, Elgeyo/Marakwet County. County Director of Environment, West Pokot 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 this project. GEOFFREY WAHUNGU, Director-General, MR/4 102234 National Environment Management Authority.