GAZETTE NOTICE NO. 10201

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 Highways Authority, is proposing to rehabilitate and strengthen sections of the road from Malindi Town to Madogo at the junction with the A3 Road that are opaved but in poor conditions and upgrade the road to bitumen standards. The project road is intended to link the Lamu Port to the rest of Kenya. The length of the project road is about 340 Km. The following are the anticipated impacts and proposed mitigation measures. impacts Proposed Mitigation Measure.c Wildlife • Educate workers regarding the occurrence of important wildlife resources in the area and the importance of their protection. • Avoid the spread of invasive non native Prosopis juliflora. • Reseed disturbed areas with native plants mainly acacia species. • Schedule activities to avoid disturbance of resources during critical periods of the day. • Instruct employees, contractors, and site visitors to avoid harassment and disturbance of wildlife. • Locating the construction camp at least I km away from Tans River Primate National Reserve and the Elephant Corridor in Mnazini. • Develop a code of conduct for the workers to ensure none of them get engaged in hunting or harming game in any way. • Fence off the campsites to keep wildlife out. Vegetation resources Compensatory planting of trees. • Vegetation should only be cleared along the road reserve. • The use of existing cleared or disturbed areas for the contractor's camp. impacts Proposed Mitigation Measures Invasive species • Clearing and removal of vegetation along the corridor and at borrow sites should be carried out in such a way that damage to adjacent areas is prevented or minimised. • Prosopis juliflora cut down during construction should be given to the local communities for them to bum charcoal. • Phase vegetation clearance to minimize colonization. • Steep slopes and coarse textured soils are unfavourable for the growth of Prosopis juliflora therefore during construction the road should be raised to form slopes on the shoulders and stone pitching done on the road shoulders to the toe of the embankments to prevent colonization. Water resources • No grey water runoff or uncontrolled discharges from the site/working areas. • Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank. • The contractor shall also prevent runoff loaded with sediment discharging to River Sabaki. • Works that are likely to generate siltladen runoff will be undertaken preferentially during the drier months of the year; November to April. Insufficient to meet • Site compounds and stockpiles will be current water located away from water pans, River demand Sabaki and the laggas. • Where possible an 8m buffer strip of existing vegetation should be maintained alongside River Sabaki. • Any work along River Sabaki and laggas should be isolated to prevent silt propagating downstream. • Earth stockpiles should be seeded as soon as possible. • Tools and plant to be washed out and cleaned in designated areas within the site compound then a Suparator, an oil separator used to prevent surface and ground water pollution. • Discharges to watercourses and water bodies that meet water quality standards should only be carried out under consent of WRMA. Pressure on water • Consultations with the communities shall be resources required before commencement of water abstraction in River Sabaki. Water permits for the abstraction of water shall be obtained from WRMA. • Consultations with the WRUAs should be done prior to abstraction to gain their support. • Water pans and laggas should not be used to meet road construction water needs. Siltation and Any work along River Sabaki should be sedimentation isolated to prevent silt propagating downstream. • Sediment wash from work sites into River Sabaki could be minimized by constructing settlement lagoons or other temporary 5th October, 2018 THE KENYA GAZETI'E 3457 impacts Proposed Mitigation Measures attenuation measures such as sand/silt traps if necessary. Stockpiles should be located away from water sources. Alteration of aquatic • The contractor should restrict bridge and fish ecology construction activities to non-breeding seasons i.e. during the dry seasons that is from June to September and January to March. • The contractor should report any incidences of accidental fuel or oil spills on the river bed immediately they occur. • Prior to returning flows to the river channel the contractor should replace and restore the river bottom with suitable rock material. • Best management practices should be enforced to avoid accidental spill of bitumen, concrete leachate and sediments and spill of petrochemicals through proper storage, use and clean-up of construction related materials. • Workers should be prohibited from fishing in River Sabaki. Waste management • The contractor shall develop a comprehensive waste management plan prior to commencement of works. • Litter bins should have secured lids to prevent animals and birds from scavenging. • All personnel shall be instructed to dispose of all waste in a proper manner. • Recycling of construction material shall be practiced. • Earth spoils shall be disposed of in pre identified sites. • The construction camps should be situated away from the primate reserve and wildlife corridors. Water containing pollutants should be directed to a conservancy tank for removal from the site where applicable. In case of any form of pollution of Sabaki River, the contractor should notify the resident engineer. • Wash areas shall be placed and constructed and oil/ grease interceptor used so as to ensure that the surrounding areas including groundwater are not polluted. • No grey water runoff or uncontrolled discharges from the site or working areas to any adjacent water body. • Fence off the main contractor's camp to keep away wildlife. • Strict adherence to Waste Management Regulations, 2006. Soil resources • The contractor should develop emergency response plans that includes spill response strategy. • Proper maintenance of machinery and equipment. • Spill prevention practices and response actions should be applied. • Spills should be immediately addressed per the appropriate spill management plan. impacts Proposed Mitigation Measures • Proper handling of material through use of dip trays, directing spills to an oil sump which should be emptied into a designated disposal site. • Refuel in designated refuelling areas that include a temporary berm to limit the spread of any spill. Air quality • The removal of vegetation shall be avoided until such time as clearance is required. • Do not carry out dust generating activities during times of strong winds. • Water sprays shall be used on all earthworks areas. Vehicles delivering soil materials shall be covered. Vehicle speeds shall be limited to minimize the generation of dust on site and on diversion and access. • Use of personal protective equipment like dust musks by construction workers in areas experiencing high dust levels. Noise and vibration • The Contractor shall keep noise level pollution within acceptable limits from NEMA in Noise regulation second schedule. • Schools, hospitals and other noise sensitive areas shall be notified by the contractor at least 5 days before construction. Any excessively noisy activity shall be conducted outside of school hours. • Construction workers should be required to wear ear muffs in areas exposed to excessive noise levels. • Equipment should be maintained regularly. • No unnecessary hooting by project vehicles. • Adherence to Noise and Excessive Vibrations Pollution (Control) Regulations, 2009. Construction material • Ensure that appropriate authorization to use sourcing the proposed borrows pits and quarries has been obtained before commencing • Carry out inspection of each of the site's soil stability before excavation; • Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate theprevention of storm water runoff from the site from entering the watercourse; • All roads to and from borrow pits and quarries should be made safe and accessible and transportation of material should follow a designated route • Safety distances should be maintained in material sourcing operation; lOOm to any shopping centre, school and hospital and 50m to any house irrespective of consent from the owner. • The contractor shall give a 14 day notice to nearby communities of his intention to begin excavation in the borrow pits or quarries. • If quarrying is to be necessitated, the contractor should prepare health and safety plan before any work. 3458 THE KENYA GAZETFE 5th October, 2018 Impacts Proposed Mitigation Measures Where possible cordon off the quarry and borrow areas to keep livestock and children off. • Topsoil shall be stripped prior to removal of borrow and stockpiled on Site. • Decommission the borrow pits and quarries upon completion of the contract. Community health Speed humps should be provided in the and safety various centres along the road. • Speed limits appropriate to the vehicles driven should be observed at all times. • Adequate road signage of ongoing works should be provided. • In areas where the road intersects the communal watering points, bumps and proper warning signage should be erected. • Any chemical or fuel spills shall be cleaned up immediately. • A safety and emergency response plan should be developed. HI V/AIDS • Initiate awareness creation, prevention and training programmes. • Establish weliness centres. • Incorporate HIV/AIDS control program. Cultural sites • The proponent shall ensure preservation of the cultural resources of the communities. Vulnerable and • Sensitize community members about the marginalized groups project and consult VMGs. • Provide employment quarters for VMGs especially in unskilled or semi-skilled cadres. • Provide support infrastructures for VMGs such as establishment of extra water pans along the road alignment. • Support and facilitate the use of customary institutions for grievance and complaints. Occupational health • The contractor should provide the workers and safety with appropriate personal protective equipment. • The contractor should ensure there are warning signs on the construction Site and on the road. • The contractor shall provide standard first aid kits at the site. A safety officer who has safety training and knowledge of safety procedures should be present to give guidance on the safety procedures. • The contractor should have an insurance cover for all workers. • The contractor should comply with all the Occupational Safety and Health Act, 2007 regulations and ILO on safety and public health in construction activities 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 Forestry, NHIF Building, Community, P.O. Box 30521 ,Nairobi. County Director of Environment, Kilifi County. County Director of Environment, Tans River 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, MRJ5 353083 National Environment Management Authority. GAZETFE NOTICE No. 10202 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No.8 of 1999) THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED SMALL SCALE COPER MINING ON SECTIONS OF 6 ACRES OF PRIVATE LAND, KASALANI VILLAGE, KASAALA LOCATION, IKUTHA WARD, KITUI SOUTH, KITUI 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, Geotech Mining Company Limited, is proposing to carry out small scale copper mining as provided by the Mining Act, 2016. The sections of land proposed for small scale mining is private land largely used for agropastoral activities. The company has been given mining rights by the Ministry of Mines and Geology to carry out prospecting and mining of copper in a 3.8km2 land. Within the allocated mining site, the company has discovered commercially viable copper ore deposits in sections of 6 acres of land. The main objective of the proposed project is to evaluate the effect.s/impacts of proposed small scale copper mining in relation to the environment i.e. physical, biological and social- economic environments. The following are the anticipated impacts and proposed mitigation measures. Impact Proposed Mitigation Measures Land degradation• Avoid soil transport from the mine to avoid /Soil erosion soil contamination with heavy metals. • Use grasses to rehabilitate the site since they withstand soil contamination better. • Silt fence should be established where erosion is predetermined. • Introduce vegetation in already mined areas. • Introduce physical barriers such as rocks to intercept soil material from being carried away by the run-off. • Storm water in the mines to be contained in the pits and run-off to other areas avoided. Air pollution /Dust • Constant sprinkling of water to the bare and other areas. emissions . • Identify wind direction dung operation to n avoid exposure to emission. • Minimize the generation of bad emission from trucks used by assessing and evaluating whether they contain toxic by products. • All the workers should be provided with masks to avoid inhaling such gases. • Develop a respiratory monitoring programme for the mine workers. 5th October, 2018 - THE KENYA GAZETTE 3459 Impact Proposed Mitigation Measures To limit exposure level, practice duty controls. • Apply engineering controls to reduce dust pollution. Habitat and vegetation • Leave high value trees. disturbance (Fauna and Flora) • Designate traffic in specified and most efficient routes. • Minimize area of clearance. • Reintroduce the vegetation that co-exist with the site. • Minimize earthworks, • Reduce noise at the source. • Allow wild game to migrate. • Avoid pumping waste water in the mine pits into vegetated areas. Noise and resulting Avoid rock blasting. vibrations • If blasting is mandatory then: - Obtain a blasting permit - Obtain noise permit - Develop a timetable for blasting - Forewarn residents and workers before blasting - Avoid blasting in adverse weather conditions - Strictly use controlled blasting - Use a licensed blaster - Use few shot holes per blasting episode - Take action against incidental injury/damage caused by blasting Reduce noise at the source point. Mining should only be done during the day time. Planning the trips of the vehicles can reduce such impacts. • Screening using baffle moulds material e.g. soil and wastes that has already been remove to access the rock. • Locate screening baffle moulds on site boundary to reduce noise. • The workers to be provided with earmuffs during operation hours. • Supervision of the site by a person with knowledge of dangerous mining activity and accepted mining practices. • Correct stemming aid the control of ground vibration. Solid and effluent. • Soil and earth excavated wastes to be used for wastes (Oil and backfilling excavated pits. other spills) • Surface run-off from waste pits should be captured and treated to remove suspended solids prior to discharge. • Safe disposal of oil spills and fitters from machineries. • Prompt cleanup in case of spills. • Train workers on recognizing a split condition. Impact Proposed Mitigation Measures Change on land fLoss • Backfill the mined pits. of land • Fence the area and allow natural regeneration. • Aid in revegetation using suitable species. • Stabilize the soil PH for quick recovery. Water pollution • Waste water accumulating in the mining pits should never be used for human, livestock and domestic. • Treat water in the pits of heavy metals before discharge to the environment. • Harmonize and design drainage ditches with the natural drainage to avoid affecting nearby land. • Divert run-off around working area. • Install sedimentation traps or screen next to the silt fence by arranging a layer of stone chips and gravel to trap any loose soil to the river. Visual Intrusion • Backfilling the mined pits using earth excavated wastes. • Rehabilitate open pits by planting native tree species. • Consider fencing off mined pits to allow for natural regeneration. • Waste water in the mining pits should not be used for livestock and wildlife consumption. Land restoration and . Filling in the depressions and mined pits landscaping before moving to another section to prevent ponding. • Landscaping and replanting of trees and other similar vegetation. • All pits where water may collect to form ponds should be filled • A layer of top soil should be introduced so as to achieve vegetation growth. Occupation health and Risky and sensitive mining pits to be safety secured by danger tape. • Fence off the mine site. • Post cautionary signages at the mine site. • Isolate the working site from the rest of the community for their safety. • All depressions should be filled and replanted. • All moving parts of machine should be covered with suitable guards. • Keep accidents and incidents records. • Provide, and enforce use of personal protective equipment and trained on occupational health. • Fire-fighting equipment and first aid kits should also be provided at the site. 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 Forestry, NHIF Building, Community, P.O. Box 3052 I.Nairobi. County Director of Environment, Kitui 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, MR15353285 National Environment Management Authority.