GAZETTE NOTICE NO. 8768

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 Ports Authority, is proposing to construction of a jetty, renovation of fishery buildings, potential dredging/dumping and construction of a fully-fledged industrial fishing port in Kwale County. The following are the anticipated impacts and proposed mitigation measures: Impacts Impact on Shimoni Slave Caves Impact of potential dredging and dumping on water quality Propsed Mitigation Measures • Identify an alternative location for the warehouse away from the caves. • Dredge during high tide to allow tidal flushes. • Procure and install silt curtains to localize turbidity to the dredging area. • Implement the critical limits for water quality during based on the values for other project which are being carried out by KPA. • Develop and implement a water quality monitoring plan. Impacts Impact of potential dumping of dredged materials Propsed Mitigation Measures • Comply with the provisions of the Marpol Convention 73/78, the EMCA Cap. 387 of the Laws of Kenya and the KMA Act, 2012. • Obtain a permit for the dumping site from KMA as will be required from time to time. • Dumping of dredged materials should be restricted at MS6. • Dumping should be done in deeper areas of the proposed dumping site. Potential impact on the • The contractor should commence Kisite — Mpunguti dredging during the off season of the Marine National migratory marine megafauna. Park • Undertake daily monitoring of turbidity levels. • Collaborate with the KWS to either establish a hotline or use existing one to report marine fauna sightings and stranding to expedite appropriate action. Impact on fisheries and • Update the number of fishermen within livelihoods the study area. • Carrying out potential dredging activities during the South East Monsoon season when there is reduced fishing activities. • Constitute a committee for conflict resolution. • Implementation of the KPA Grievances redress mechanism tool. Impact on community • Transplanting the corals to a new site conserved areas identified in consultation with the local fishermen and other stakeholders. • Implement the KPA grievance redress mechanism. Navigational risks • Create awareness among channel users on dredging activities and the construction of the jetty and the area to be covered. • Map out alternative routes that will be used by the channel users. • Ensure placement of aids to navigation. Impact on seaweed farming • Comply with the Kenya Maritime Authority Act, 2012. • Use of silt curtains to localize turbidity to the dredging area. • Prevent oil spills from occurring. • Supporting the local women groups to re-establish affected seaweed farms in suitable locations. • Implement the proposed water quality monitoring plan. • Implement the KPA Grievance Redress Mechanism. Oil spills and bioaccumulation of polycyclic aromatic hydrocarbons from dredging activities Loss of mangroves • Dredge during high tide to allow tidal flushes. • Potential dredging and dumping activities should be conducted during the South East Monsoon season when fishing activities are at their lowest. • Dredge during high tide to allow tidal flushes. • Procure and install silt curtains to localize turbidity to the dredging area. • Develop and implement a sediments quality and biological monitoring plans. • Notify NEMA and potentially affected communities if high levels of heavy metal concentrations are reported in the monitoring plan for discussion on suitable intervention measures. • Use of silt curtains to localize turbidity to the dredging area. • Develop and implement a biodiversity monitoring plan. • Procure and install silt curtains to localize turbidity to the dredging area. • Commence dredging during the off season of the migratory marine megafauna. • Undertake daily monitoring of turbidity levels. • Develop and implement a biodiversity monitoring plan. • Ensure that the dredger is serviceable and licensed to operate. • Procure an oil spill response boom and equipment and train on their us. • Use of degreasers to dissolve localized oil spills. • Obtain approval from KFS and prior to felling of the mangrove trees. • Apply and obtain Special Use Licence from the KFS if either Plot 1 or plot 2 is used for port development. • If either Plot 1 or plot 2 is used for port development, replant approximately of 10,446 trees and 3,792 trees, respectively at an alternative site. Generation of sediment plumes and associated impacts Resuspension of heavy metals by dredging works Impact of dredging on biodiversity Impact of potential dredging and dumping of substrate on marine habitats 30th October, 2020 THE KENYA GAZETTE 4343 Impacts Propsed Mitigation Measures Loss of terrestrial • Obtain authorization from KFS and the vegetation cover County Government to fell trees. • Compensate the loss in vegetation cover by procuring and planting at least 1,000 seedlings of fast maturing tree species. • Landscaping of the port. Occupational safety • Install navigational aids and early and health warning signage within the channel. • Sensitize fishermen and tour operators on the increased traffic at the bay. • Establish a control tower to guide traffic within channel. • Create awareness among employees on the importance of their safety. • Develop and implement a safety action plan. • Provide adequate PPE to workers and enforce on their use. • Control access to the port area. • Place appropriate safety and warning signage at strategic areas. • Conduct first aid training and provide well-stocked first aid kits. • Provide and keep an accident/ incident register. • Provide insurance cover to all employees. • Undertake Occupational Safety and Health audits annually. • Comply with the provisions of the OSHA, 2007. Air and noise pollution • Comply with the Air Quality Regulations, 2014 and Noise and Excessive Vibration Pollution (Control) Regulations, 2009. Fire risks and • Develop and implement a fire and emergencies emergency response action plan. • Provide a fully equipped fire station, ambulances and firefighting equipment. • Conduct fire safety audit annually. Climate change • KPA to develop the Ports' Climate adaptation Change Action Plan. • Develop and ensure application of air quality management protocols to avoid, minimize, and control combustion emissions. • Comply with the Climate Change Act 2016 and the National Climate Change Action Plan 2018-2022 and Marpol Convention 73/78 (MARPOL Annex VI). Pollution from fish • Keep all working and storage areas clean processing activities and remove waste products immediately. • Cover all transfer systems, wastewater canals, and wastewater treatment facilities to reduce the escape of foul odours. • Seal by-products in covered, leak-proof containers. • The fisheries offal's can be sold to fertilizer industry/animal feed farms. Impacts Propsed Mitigation Measures Introduction of • Enforce flushing and refilling ballast invasive species tanks with water from the open ocean before the ships arrive at the port. • Ensure that the resultant water from on- board treatment is not toxic when discharged in the destination port. • Comply with the provisions of the Marpol Convention 73/78. Wastewater generation • Construct a bio-digester and obtain and and management effluent discharge license. • Comply with Water Quality Regulations, 2006, Marpol Convention 73/78, the EMCA Cap 387 of the Laws of Kenya and the KMA Act, 2012. Water and energy • Sink 3 boreholes or connect the port to demand the reticulated supply by KWAWASCO or install a sea water desalination plant. • Upgrading the power infrastructure to avoid straining the existing community supply. (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, 12th Floor, Ragati Road, Upper Hill, P.O. Box 30126-00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (c) County Director of Environment, Kwale 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 regarding this plan. MAMO B. MAMO, Director-General, MR/1324441 National Environment Management Authority.