GAZETTE NOTICE NO. 9094

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) proposes to upgrade the Marich Pass – Lodwar road, totaling 197.89 Km. The following are the anticipated impacts and proposed mitigation measures: Impact Mitigation Measures Air pollution  Sensitize workers on air pollution especially dust.  Construction machinery and vehicles should be maintained and serviced in accordance with the manufacturer‘s manual.  Workers shall be trained on dust minimization techniques.  Water sprays shall be used on all earthworks areas and transport routes.  Any complaints received by the Contractor regarding dust should be recorded and communicated to the RE and ESO.  Construction works should be undertaken preferably during business hours. Noise pollution  The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours across Kainuk, Lokichar and Lodwar.  Construction workers will be required to use PPEs appropriately.  Equipment should be maintained regularly to reduce noise resulting from friction. THE KENYA GAZETTE 9th January, 2015 46 46 Wildlife  Deliberately inform workers of the provisions in the new Wildlife Conservation and Management Act, 2012, especially stiff penalties.  Have a code of conduct amongst workers expressly banning any hunting of wild game for food or trophy.  Manage waste in such a manner as to conceal the poisonous types from being accessed by wildlife. Vegetation loss  Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed nor should any unauthorized planting of vegetation take place.  The clearance of the site for construction purposes shall be kept to a minimum. The use of existing un-vegetated or disturbed areas for the Contractor‘s Camp, stockpiling of materials etc shall be encouraged.  Areas to be cleared should be agreed and demarcated before the start of the clearing operations.  Clearing and removal of vegetation, especially at borrow sites must be carried out in such a way that damage to adjacent areas is prevented or minimized.  Areas with dense indigenous vegetation at Kainuk and adjacent areas are not to be disturbed unless required for construction purposes.  Plant indigenous and native trees along the project road at Kainuk and Lodwar.  The use of fuel wood by construction workers should be discouraged. Impacts on soils and drainage including landslides  As far as possible earthworks should avoid the rare wet seasons that are always intense to prevent soil erosion and landslides.  Excavated materials and excess earth should be kept at appropriate sites approved by the Supervising Engineer.  Wherever possible, the earth dumping sites will be designed in such a manner as to facilitate natural water discharge.  Areas affected by construction related activities and/or susceptible to erosion or landslides must be monitored regularly.  On areas where the risk of erosion is evident, stabilize the areas and prevent erosion.  Using mechanical cover or packing structures such as geofabric to stabilize steep slopes or hessian, gabions, mattress and retaining walls.  Apply mulch or chip cover. Water resources  The contractor should consult the community on suitable location for sinking the boreholes.  The Contractor must adhere to water quality regulations described in Legal Notice No. 120 of the Kenya Gazette Supplement No. 68 of September 2006. Contractors camp  Involve local community and administration in site selection.  The Camp layout shall take into account availability of accesses and services.  Decommission the camps and reinstate the land to its natural state or hand over to the community but only with prior arrangement.  The contractor shall prepare a waste management plan.  A suitable potable water supply for the workers.  Suitable ablution facilities.  Facilities for waste water management including solid waste collection. Sanitation  All temporary/ portable toilets or pit latrines shall be secured to the ground.  The type and exact location of the toilets/septic tanks shall be approved by the RE.  All toilets shall be maintained by the Contractor in a clean sanitary condition.  Provide wash basins with adequate clean water and soap.  Ensure that solid/liquid exhausts are disposed by licensed agents. Solid wastes  The contractor should develop a waste management plan.  Contractor shall provide litter collection facilities.  Wherever possible, materials used or generated by construction shall be recycled.  Provision for responsible management of any hazardous waste generated.  Placement of spoil material;  Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site.  Placement of excavated subsoil and then topsoil over spoil material. Liquid wastes  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 for removal from site.  Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted. Fuels, Oils, hazardous substances and other liquid pollutants  Hazardous materials shall be stored above flood level and at least 20 metres from any watercourse.  Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations.  Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with their MSDS.  Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent.  Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment.  Fence off the tank compound with locks or other adequate security controls.  All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers. 9th January, 2015 THE KENYA GAZETTE  Storm water shall be diverted away from the fuel handling and storage areas. Diversion and access roads  The Contractor should adhere to the road reserve in locating the diversion if required. If diversion routes go beyond the road reserve, necessary permission should be sought.  Access to the construction site and works area shall utilize existing roads and tracks where possible.  Upgrading of the access roads shall be undertaken within the existing confines of the road, unless otherwise agreed with the RE.  All diversion and temporary access routes shall be rehabilitated at the end of the contract to the satisfaction of the RE.  To avoid dusts and air pollution, the Contractor must sprinkle water in the diversion route, as necessary, this must be supervised by RE and ESO. Disruption of access to property  Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption. Relocation of public utilities  Undertake inventory of existing utilities in the project area before beginning construction.  Relocation of services is provided for in the BOQs.  Notice should be given to the utility users prior to any interruption in supply.  Liaise with relevant parties. Delays in transportation  The contractor will be required to plan itineraries for site traffic on a daily basis.  Erect temporary road signs that are visible both during the day and at night.  Set aside parking bays for heavy goods vehicles and public transport vehicles.  Erect clearly marked speed reduction signage. Emergence of unplanned settlements  KeNHA and local administration will need to undertake routine and strict surveillance around the work sites.  KeNHA should inform the district administration to stop further developments within the right of way and conduct regular surveillance. Occupational Health and Safety  The Contractor shall comply with all standard and legally required health and safety regulations.  The Contractor shall provide a standard first aid kit at the site office.  Employ a Safety Officer on site.  Observe speed limits.  No unauthorized firearms are permitted on site.  The Contractor shall provide the appropriate PPE for staff.  The contractor must have insurance cover for the workmen. Site security  The Supervising Engineer and Contractor in liaison with the security organs must create awareness to the security situation on the ground all the times.  Appropriate fencing, security gates, shelter and security guards are to be provided  The Contractor must ensure that good relations are maintained with local communities and their leaders to help reduce the risk of vandalism and theft.  Site staff that are found to be involved in incidences of theft or pose other security risks to the local community are to be dismissed. Fire prevention and control  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.  Smoking shall not be permitted in those areas where there is a fire hazard.  Any areas where vegetation or other material is such as to make liable the rapid spread of an initial flame.  The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur.  Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor‘s staff be proven responsible for such a fire. Wildlife road kills and potential poaching  Install appropriate road signs warning of potential wildlife crossing at the section adjacent to Nasolot Nature Reserve.  Where it is deemed necessary, set up speed calming design. Road Accidents  Painting of edge lines in order to separate shoulder.  Establishment of non-motorised vehicle waiting area.  Improvement of visibility.  Provision of speed limit signs.  Construction of bumps to reduce speeds.  Improvement of crossing sites paintings of zebra crossings.  Regulations, educations and safety trainings. 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, Turkana 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. ZEPHANIAH O. OUMA, for Director-General, MR/6254778 National Environment Management Authority.