EMP for Subproject Upgrading anti-erosion embankment for dyke safety of Kon River in An Nhon and Tuy Phuoc districts - Binh Dinh province - VN-Haz

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized E2993 v10 THE SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT EMP for Subproject Upgrading anti-erosion embankment for dyke safety of Kon River in An Nhon and Tuy Phuoc districts - Binh Dinh province - VN-Haz March, 2012 REEN.JSC 1

2 THE SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT Vietnam Managing Natural Hazards Project (VN-Haz) Environment Management Plan (EMP) for Subproject Upgrading anti-erosion embankment for dyke safety of Kon River in An Nhon and Tuy Phuoc districts, Binh Dinh Province REEN.JSC March, 2012 REEN.JSC 2

3 Currency equivalent Unit = Vietnam Dong (VND) 1 VND = $ 1 $ = 20,500 VND Abbreviations BOD Biochemical Oxygen Demand CBDRM Community-based Disaster Risk Management CEP Community Engagement Program CNF Commune Fatherland Front CPC Commune People Committees CPMO Central Project Management Office CPO Central Project Office of MARD CSC Construction Supervision Consultant CSEP Contract Specific Environmental Plan DARD Department of Agriculture and Rural Development DONRE Department of Natural Resources and Environment EIA Environmental Impact Assessment ECOP Environmental Code of Practices EMDP Ethnic Minority Development Plan EMP Environment Management Plan ESMF Environment and Social Management Framework GoV Government of Vietnam LEP Law on Environmental Protection MARD Ministry of Agriculture and Rural Development OP Operation Policy of World Bank PESU Provincial Environment and Social Safeguard Unit PPC Provincial People s Committee PPMU Provincial Project Management Unit QCVN National Technical Regulations RAP Resettlement Action Plan EA Environment Assessment RPF Resettlement Policy Framework TCVN National Environmental Standards UXO Unexploded Ordnances REEN.JSC 3

4 Unit WB m 3 m 2 kg World Bank Cubic meter Square meter Kilogram REEN.JSC 4

5 Note (i) (ii) The fiscal year of Vietnam government ended on December 31 st every year. The previous fiscal year represents the calendar year in which the fiscal year end, for example, fiscal year 2000 ended on December 31 st, In this report, $ means United States Dollars (USD). REEN.JSC 5

6 TABLE OF CONTENTS TABLE OF CONTENTS... 6 I. INTRODUCTION II. SUBPROJECT DESCRIPTION III. ENVIRONMENTAL BACKGROUND IV. POTENTIAL IMPACTS AND MITIGATION MEASURES a) Construction phase b) Operation phase V. SUBPROJECT MONITORING PROGRAM Actions to be Conducted during Subproject Implementation Environmental Monitoring Program a) Contractor performance monitoring b) Monitoring effectiveness of the proposed mitigation measures VI. IMPLEMENTATION ARRANGEMENT Organization and Responsibilities Monitoring and Reporting Budget Arrangement Consultation and Information Disclosure LIST OF TABLES Table 3.3: Statistics of typhoons, floods and damage in Kon River catchment from year Table 4.1: Results of safeguard screening for subproject Table 4.2: Potential negative impacts of the subproject Table 4.3: Area of land acquisition in each commune Table 4.5: Potential Negative Impacts of the Subproject Table 4.6: Mitigation measures proposed for the subproject Table 6.1: Institutional responsibilities for the Subproject Table 6.2 Subproject reporting requirements Table 6.3: Tentative workplan for Subproject LIST OF FIGURES Figure 2.1: Cross section of Tan Dan - Tan Duong Dyke Figure 2.2: Cross section of Dyke at Ngheo River Figure 2.3: Cross section of Thang Cong Dyke Figure 2.4: Location of the Subproject Figure 3.1: Land use of the Subproject REEN.JSC 6

7 LIST OF ANNEXES ANNEX 1: STANDARD ENVIRONMENTAL CODES OF PRACTICE (ECOP) FOR THE SUBPROJECT ANNEX 2: GENERIC TOR FOR CONSTRUCTION SUPERVISION CONSULTANT (CSC) ANNEX 3: RESULTS OF SAMPLE ANALYSYS REEN.JSC 7

8 EXECUTIVE SUMMARY Background: Kon is a large river of Binh Dinh province, with a basin area of 3,067 km 2. The river section passes An Nhon And Tuy Phuoc districts at low terrain, which affects the capability of flood drainage. To improve the Kon river system, prevent river-bank erosion, enhance flood drainage, the subproject: Upgrading anti-erosion enbankment for dyke safety of Kon River in An Nhon and Tuy Phuoc districts - Binh Dinh Province is one of six subprojects in the first year. The construction of 5.7 km dyke will improve flood control capacity of Kone river dyke to directly protects the infrastructure, land, houses, lives and property of 54,645 people (11,616 households) in 4 communes of Nhon An, Nhon Hau, Nhon Phuc (An Nhon District) and Phuoc Loc (Tuy Phuoc District). Description: The sub-project will upgrade critical 4 sections of the dyke embankment with no increase in height and length (a) The section at Tan Dan - Tan Duong, Nhon An commune, An Nhon district with a length of 1.8 km, (b) The dyke section at Ngheo River, Nhon Hau, An Nhon district with a length of 1.5 km, (c) Thang Cong dyke, Nhon Phuc commune, An Nhon district with a length of 1.2 km (d) The downstream dyke section at Ba Di bridge, Phuoc Loc commune, Tuy Phuoc district with a length of 1.2 km. Impacts and mitigations: The overall impacts will be positive and potential negative, which could be mitigated. The main negative impacts would be due to (a) land acquisition, (b) site clearance, and (c) construction activities. No dredging will be required under the subproject. It is estimated that about 9,156m 2 land will be lost permanently (including 7,204 m 2 residential land and 1,952m 2 of construction land); and 1,037m 2 of land will be lost temporarily (including 750m 2 residential land and 287m 2 agricultural land). A total of 73 households will be directly affected by land acquisition under the subproject. The affected population will be compensated in line with the Resettlement Policy Framework (RPF) and Resettlement Action Plan (RAP). Based on EOL results, 18 graves of 16 HHs in Phuoc Loc commune will be affected. The RAP report has proposed the rehabiliation measures. The subproject will be implemented along the vulnerable dyke site, therefore, there are no impacts on any physical cultural resources in the region and there is no natural conservation area in the subproject location. The potential negative impacts during site clearance and construction would be mainly due to embankment rehabilitation construction activities, increasing the level of air, noise, vibration, and water pollution and local traffic congestion. However, these impacts would be localized, temporary, and could be mitigated by: (i) ensuring that contractors apply good construction practices by application of the Environmental Code of Practices (ECOP) (ii) maintaining close consultation with local authorities and communities throughout the construction period and (iii) close supervision of field engineers and environmental staff. The subproject ECOP has been prepared and it will be included in the bidding and contract documents and closely monitored and supervised by the construction supervising consultant and local community. The potential impacts during operation will be limited to potential erosion which may occur when maintenance (routine and/or periodic) of the dyke is inadequate and/or potential impacts on local flooding. REEN.JSC 8

9 Actions to be carried out under the subproject: To mitigate the potential negative impacts during pre-construction, construction, and operation phases the following measures will be carried out during the implementation of the subproject in close consultation with local authority and communities, especially the affected households: 1. Effectively and timely implement RAP; 2. Incorporate ECOP into bidding and contract document and inform bidders; 3. Closely supervise and monitor safeguard performance of contractor to ensure effective implementation of measures to mitigate the impacts during site clearance and construction; 4. Prepare and implement a Community Engagement Program in close consultation with local communities; 5. Ensure effective operation of culverts and adequate budget for maintenance of dyke and assess road. Responsibility: Binh Dinh provincial project management unit (PPMU) will be responsible for ensuring effective implementation of the EMP for the subproject, including reporting the implementation progress and safeguard performance of contractors. PPMU will set up a Provincial Environment and Social Safeguard Unit (PESU) responsible for forging effective implementation of safeguard measures for the subproject, including incorporate appropriate ECOP in the bidding and contract documents and ensure that the bidders are aware of this commitment. PPMU will work closely with the local authorities, agencies, and communities to forge effective implementation of the mitigation measures. PPMU will also hire a group of national consultants to assist in the coordination and/or implementation of the EMP, including periodical supervision on contractors and monitor on environmental quality during the subproject implementation. At project level, the Central Project Management Office (CPMO) will be responsible for overall supervision and monitoring the implementation progress of the subproject including safeguards. CPMO will hire a group of national consultant to assist in the supervision and monitoring of safeguard measures for the Project, including provide safeguard training to the subproject staff. Budget: Cost for implementation of mitigation measures during construction, including training on environmental management for workers, consultation with local communities and water users, environment quality monitoring, sediment analysis, and compensation to damage (if any) will be part of the subproject construction cost. This cost will be included in the contract with the contractor and is expected to be 1% of the construction cost. Cost for the day-to-day supervision of contractor s safeguard performance by the CSC as well as cost for periodic monitoring at the subproject level will be part of the subproject supervision cost. This cost is expected to be 1% of the construction cost. Cost for periodic monitoring at the project level will be part of the project management of CPMO. Cost for the implementation of the CEP will be part of the subproject mitigation measures cost and a budget of $3,000 has been allocated for the subproject. This cost is included in Component 3 of the Project; Budget for safeguard training of staff will be part of the subproject management cost as appropriate. REEN.JSC 9

10 I. INTRODUCTION The subproject Upgrading anti-erosion enbankment for dyke safety of Kon River in An Nhon and Tuy Phuoc districts, Binh Dinh Province is one of the province s subprojects to be implemented under the VN-Hz project. The objective of the subproject is for flood protection and improvement of flood drainage capacity to directly protect the infrastructure, land, lives and property of 54,645 people (11,616 households) in the 4 communes of An Nhon and Tuy Phuoc Districts. The subproject activities will include upgrading of 4 sections of the dyke through reinforcing the dyke surface by earth lining, and reinforcing and planting grass on the dyke slope. These activities may cause negative effects on the local environment and local community during preconstruction, construction, and/or operation. Safeguard screening in line with the criteria described in the Environmental and Social Management Framework (ESMF) suggested that the subproject trigger the WB s safeguards policies on Environmental Assessment (OP/BP 4.01), Involuntary Resettlement (OP/BP 4.12), and Physical Cultural Resources (OP/BP 4.11). To ensure that the potential negative impacts are identified and mitigated during the subproject implementation and in compliance with OP/BP 4.01, an Environmental Management Plan (EMP) has been prepared in line with the guidelines provided in the ESMF. This EMP summarizes the subproject description, the environmental background, potential negative impacts, and proposed mitigation measures to be carried out during the subproject implementation. It also includes an environmental code of practice (ECOP) prepared for the subproject and it will be incorporated into the bidding documents and construction contracts as well as an implementation arrangement scope for environment quality monitoring. A Resettlement Action Plan (RAP) has been prepared and presented separately. The Government s regulation on EIA requires submission of an EIA report for the subproject. An EIA report has been prepared and submitted to and approved by Binh Dinh Provincial People s Committee. II. SUBPROJECT DESCRIPTION The subproject is located within the administrative boundaries of four communes of Nhon An, Nhon Hau, Nhon Phuc (An Nhon District) and Phuoc Loc (Tuy Phuoc District), Binh Dinh Province. The location of the subproject is indicated in Figure 2.4. The scope of civil works includes reinforcement of four critical sections of the dyke with a total of 5.8 km. The dyke body will be filled with hill soil. The river side of the dyke will be lined with ashlar of 25cm thick in concrete frames in M200 stone 1x2. The under layer will be lined with stone of 2x4, 10cm thick on geo-textile. The dyke surface will be lined with mortar and concrete M100 of 20cm thick. The dyke foot will be lined with prismatic ashlar, and a row of bamboo piles and will be protected with rocks. Below summarizes methodology, quantity, and size of the civil works to be carried out under the subproject: 1. Tan Dan - Tan Duong dyke section, Nhon An Commune, An Nhon District : - Route length : 1,814 m - Crest elevation : m m - Dyke foot elevation : 7.60 m 5.80 m REEN.JSC 10

11 - Dyke height : 5.2 m - Slope : i = (0.1%) - Surface width : 3.0 m - Roof coefficient on the river side : m = Roof coefficient at the field side : m = 2.0 Figure 2.1: Cross section of Tan Dan - Tan Duong Dyke Source: Main FS report, Dyke section at Ngheo River, Nhon Hau Commune, An Nhon District: 1,506 m - Crest elevation : m m - Dyke foot elevation : 8.50 m 7.00 m - Dyke height : 5.5 m - Slope : i = (0.1%) - Surface width : 3.0 m - Roof coefficient on the river side : m = Roof coefficient at the field side : m = 2.0 REEN.JSC 11

12 Figure 2.2: Cross section of Dyke at Ngheo River 3. Thang Cong dyke section, Nhon Phuc Commune, An Nhon District: - Route length : 1,236 m - Crest elevation : m m - Dyke foot elevation : m m - Dyke height : 5.2 m - Slope : i = (0.1%) - Surface width : 3.5 m - Roof coefficient on the river side : m = Roof coefficient at the field side : m = 2.0 Figure 2.3: Cross section of Thang Cong Dyke Source: Main FS report, 2011 REEN.JSC 12

13 4. Dyke section at downstream of Ba Di bridge, Phuoc Loc Commune, Tuy Phuoc District: - Route length : 1,362 m - Crest elevation : m - Dyke foot elevation : m - Dyke height : 2.8 m - Surface width : 3.0 m - Roof coefficient on the river side : m = Roof coefficient at the field side : m = 2.0 It is estimated that about 45,092 m 3 of excavation land and 66,673 m 3 of fill-land (according to the investment report in September 2011 of the subproject) will be re-used to upgrade the four dyke sections. 5. Activities at borrow pit sites. There are total 3 borrow pits which have been planned by the provincial authorities for construction activities in the province. All of them are within 8 km to the subproject site. The composition, and quality of the borrow pit materials which are mostly hilly soil. The volumes of the soil will be taken from these borrow pits are small varying16,000 m 3 to 29,000 m 3. Table 2.4 gives summaries of the location and volume of the proposed borrow pits. Name of Borrow pit Hoa Son Hill Nui Cha Ray Nui Nhon Table 2.4: Location and surveyed volume of borrow pit sites Location, capacity (m 3 ) Tan Nghi Village, Nhon My commune. The total capacity of the borrow pits is 1,000,000m 3. It has been planned by the Province People Committee for construction activities in the province. 18,600 m 3 will be taken for the subproject. Nhon Loc commune. The borrow pit has been planned by the Province People Committee for construction activities in the province. 16,732 m 3 will be taken for the dyke section of the subproject. Phuoc Loc commune. The borrow pit has been planned by the Province People Committee for construction activities in the province. 29,000 m 3 will be taken for the dyke section of the subproject. Direction of Service Road Roadway: It is about 5-8 km to the two dyke sections of the subproject. The transportation routes follow some rural roads and villages. Roadway: It is about 4km km to Thank Cong dyke section of the subproject. The transportation routes follow some rural roads and villages. Roadway: It is about 2.5km km to the dyke section of the subproject. The transportation routes follow some rural roads and villages. 6. Subproject implementation schedule: In 2011: - From 15/4-25/4: Topographic, geological research, collection of hydrological documents and welfare economics REEN.JSC 13

14 - From 26/4-15/5: Reporting Environmental Impact Assessment - From 16/5-16/6: Design primary drawings - From 17/6-31/7: The approval of investment projects - From 01/8-15/9: Reports, consult the Ministry of Agriculture, CPMO, WB. - From 16/9-10/12: Survey, design - From 11/12/ /31/2011: Verification and approval Feasibility Stady In 2012: - From 01/01/ /01/2012: Making construction bidding documents. - From 16/06-30/06: issue the construction bidding documents. - From 01/07-15/8: Organization opened for bidding. - From 15/8-30/8: The approval of construction bidding results. - Since the date of 15/12/2012: Start of construction. Expected implementation period proposed 12-month package. Work will be completed and put into use in 15/12/2013. REEN.JSC 14

15 Figure 2.4: Location of the Subproject Source: Main FS Report, 2011 REEN.JSC 15

16 III. ENVIRONMENTAL BACKGROUND This part provides a summary of key background of the subproject. Details on environmental background of the area are provided in the EIA report for the project. The subproject is located in the downstream Kon River, the largest river in the province, and in the areas of four communes of two districts of An Nhon and Tuy Phuoc, Binh Dinh Province. It is located mainly in a delta area with slight elevation changes from to lowering from West to East. In the subproject area, storms often occur from September to November, causing heavy rain, high winds, floods and surges. Natural characteristics of Kon river basin is dominated by terrain conditions. The upstream part is steep mountain terrains; therefore, this part of river has a large flow coefficient with short water retention time. The floods in Kon River usually occurs very fast within a day. Every year, there are 2 to 5 floods, lasting from 3 to 5 days. Because of short flood season, which only occurs in four months, and a prolonged dry season, impacts of flood flow can be most clearly seen after a major flood occurs. 3.1 General Characteristics and Land Use The soils in An Nhon and Tuy Phuoc district consists mainly of three types namely hilly soil, delta plain, and mountainous soils. These soils are split into nearly 30 different subsoils. However, the main sub-soil types include: (i) Alluvial soil: distributed over most of the communes in the subproject area, especially in the low land communes, down along the river caused by alluvial accumulation and land reclamation for many years. The soil is fertile, suitable for rice production and other crops. In the low-lying areas the soil is usually acidic; and (ii) Gray and gray feralite soil: distributed mainly in the west commune such as Nhon Tan, Nhon Loc, Nhon Tho; the soil is used for cultivation with limited irrigation, not affected by floods, and suitable for dry crops and industrial crops; the soil is poor in nutrition, nitrate, phosphorous, potassium, and light mechanical composition. The land use map (Figure 3.1) of the province shows that most land in the subproject area is agricultural land. Forest land accounts for only small portion of the land reserve in the province. The total land area of the four subproject communes is 16,719 ha, of which natural land, agricultural land, and forest land account for 50%, 28%, and 1%, respectively. Results from the subproject area survey showed that currently there are no rare animal species available because the subproject area is not in distribution area of diverse animal and plants in Binh Dinh province. Currently there are only pets and birds and cattle, pigs, chickens. REEN.JSC 16

17 Figure 3.1: Land use of the Subproject 3.2 Soil and Water Quality Source: Binh Dinh DONRE, Surface water: The analysis result provided by REEN.JSC, showed that Kon River water quality is quite good within the allowable limit of the national surface water quality standard QCVN 08:2008/BTNMT column B1, which is suitable for for irrigation purposes. However, at 3 communes of Nhon Hau, Nhon Phuc, Loc Phuoc water is polluted with amonia caused by waste water of residential areas discharged into Kon River. - Groundwater: According to Binh Dinh DONRE, groundwater quality in the area is rather good; all parameters are within the allowable limit in accordance with the national REEN.JSC 17

18 standard for groundwater QCVN 09:2008/BTNMT. - Soil: The soil quality in the subproject area is slightly acidic; protein content ranges from 171 to 186 mg / kg dry soil, phosphorus 21-25mg/kg. It is assessed as poor phosphorus and azote soil. The content of heavy metals such as cadmium (Cd), lead (Pb), mercury (Hg), arsenic (As) in the soil lies within the maximum allowable limit for heavy metals in soil according to the National Technical Regulation on the Allowable Limits of Heavy Metals in the Soils (QCVN 03:2008-BTNMT). Detailed data on water and soil quality analysis of the subproject areas are presented in Annex Natural disasters in the subproject area Binh Dinh has a very important position in the Central Coastal region. In recent years, the province has been able to maintain socio-economic growth with people s living standards continually improving, security and politics being stable. However, the province is prone to natural disasters, which are not only diverse but also complicated and severe, particularly storms, floods and droughts. Kon river, with a catchment area of 3,067 km 2, originates in the high mountain to the eastside of Truong Son range, in Gia Lai province, flows into Binh Dinh province in northwest-southeast direction, and enters the sea through Thi Nai lagoon at estuaries of Go Boi - Tan Giang and An Loi. The river has two branches of Tan An and Dap Da with highslope river-beds, which creates favorable conditions for rapid concentration of a large amount of water during the flood season, causing severe erosion and landslide along the river banks. The river section passes An Nhon and Tuy Phuoc districts at a low terrain, which affects the capability of flood drainage. Therefore, in flood season the area usually suffers heavy damages: destroyed houses and roads, eroded hundreds of hectars of cultivated land, significantly affecting people s livelihood and production (see Table 3.3). Table 3.3: Statistics of typhoons, floods and damage in Kon River catchment from year Category Dead Lost Injured Damage (Billion VND) Source: EA, 2011 This investment will minimize the loss of life and property and damage to the environment and areas of historic importance. It will also contribute to sustaining social order, economic development and security. REEN.JSC 18

19 IV. POTENTIAL IMPACTS AND MITIGATION MEASURES 4.1. Potential Positive Impacts Implementation of the subproject would bring about more positive impacts than negative impacts. It directly improves stability and safety of the dyke to limit the damage caused by natural disasters and floods, contributes to stabilizing the life and the local production in the subproject and surrounding areas. The subproject would directly help to ensure safeguard for public infrastructures, and life and property of 54,645 people (11,616 households) in 4 communes of the two districts. The reinforced dyke and embankment would stabilize the flow, creating favorable conditions for transportation on the river with steady flow. Upon completion, operation of the subproject will significantly reduce the budget to be spent annually on operation and maintenance of the dyke, relieving hard work for women and community, and indirectly contribute to poverty reduction Safeguard Screening and Identification of Issues a) Initial screening An initial screening process was undertaken in line with the guidelines provided in the Environmental and Social Management Framework (ESMF). The purpose of the screening is to identify potential significant adverse environmental and social impacts caused by the subproject activities which cannot be adequately mitigated by the subproject and to exclude subprojects that are equivalent to the Bank s Category A project. The subproject is eligible for project financing considering that the subproject will not involve possible high UXO risk and will not create possible adverse impacts on (a) critical natural habitats and/or protected area including proposed protected areas; (b) loss or damage to cultural property, including sites having archeological (prehistoric), paleontological, historical, religious, cultural and unique natural values, graves and graveyards; (c) water regime, particularly water flow and water quality; and (d) local traffic. The potential negative impacts of the subproject could be minimized by applying the proposed mitigation measures developed for the subproject which is described in Sections 5 and 6. b) Identification of issues The technical screening was conducted in line with the guidelines provided in the ESMF to identify potential environmental and social safeguard issues (Table 5.1 of the ESMF). The results of this screening are shown in Table 4.1 which in consistent with the initial screening conducted during the preparation of the ESMF (Table A5.1 of Annex 5 of ESMF). REEN.JSC 19

20 Table 4.1: Results of safeguard screening for subproject Safeguard issues likely to be involved Safeguard document prepared Remarks (1); (3); (5) EMP, RAP The subproject does not involve any natural habitats, or ethnic minorities. *Note: (1) involve land acquisition and/or resettlement, (2) involve ethnic minority, (3) involve physical cultural resources or relocation of graves, (4) involve UXO risk; (5) involve civil works; (6) involve dredging; (7) involve dam safety; (8) likely to involve land/water use conflicts; (9) involve river mouth construction. c) Potential adverse impacts and mitigation measures Site investigation and documents review were conducted to identify and assess the potential adverse impacts. Consultations with the local communities and affected people were also undertaken. Table 4.2 summarizes negative impacts of the subproject. The assessment was made according to the guidance given in the ESMF. Table 4.2: Potential negative impacts of the subproject Activities Negative impacts Significant level 1. Pre-construction Phase 1.1Land acquisition 1.2 Site clearance Loss of productive land and/or residential land/assets that may cause adverse impacts on livelihoods and well being of project affected population (PAPs). - Total area of permanent land acquisition would be 9,156m 2 (7,024 m 2 residential land and 1,952 m 2 of agricultural land) and 1,037m 2 of land lost temporarily (750.5 m 2 residential land and 287m 2 agricultural land). - This subproject will affect a total of 73 HHs with 319 PAPs. No HHs would have to be resettled graves under the subproject will be relocated. - Generation of waste, dust, noise, water pollution, social issues, etc. - Increase safety risk to local residents and create potential conflict between workers Significant, can be compensated, unavoidable, Low, short term, unavoidable, controllable REEN.JSC 20

21 Activities Negative impacts Significant level 2. Construction Phase and local people; 2.1 Upgrading 4 sections of the embankment 2.2 Transportation of construction materials (sand, soil, rocks, gravel, cements, etc.) and disposal of construction waste, etc. 2.3 Other construction activities and operation of construction - Generation of excavated materials that need appropriate disposal and management. - It is estimated that about 45,092 m3 of excavation soil and 66,673 m3 of fill-soil. Most soil is used for embankment of 4 dyke sections. - Increased dust air and noise pollution, vibration, and traffic volume due to transportation, loading and unloading of construction materials, and other construction activities. - Water pollution due to sedimentation and domestic liquid and solid waste generated by construction workers, construction campsite, kitchen, toilets. - Hazardous wastes such as waste oil, spent lubricant, and contaminated materials resulting from leakage of oil and fuel. - Increase safety risk, dust, noise, vibration, and other nuisance to local residents. - Dust and other air pollution caused by trucks, vehicles, and loading and unloading activities. - Noise and vibration due to transportation and loading and unloading activities. - Water pollution caused by runoff water contained sediment, oil and grease. - Temporary increase in volume of the local traffic system due to increasing traffic flow. - Increase safety risk to local residents and other nuisance. - Air pollution due to fugitive dust and exhausted gases from trucks - Noise and vibration caused by vehicles, construction machinery - Domestic solid waste generated by Low to medium, localized, temporary, can be mitigated, unavoidable. Construction activities will be carried out at separate dyke sections which are located far from each other Low to medium, localized, temporary, and can be mitigated, unavoidable REEN.JSC 21

22 Activities Negative impacts Significant level equipment and machinery, workers activities, including off-site impacts at borrow pits 3. Operation phase construction workers, construction campsite, kitchen, toilets. - Improper disposition of hazardous wastes such as waste oil, spent lubricant, and contaminated materials resulting from leakage of oil and fuel. - Improper handling and storage of hazardous and chemical substances and construction materials. - Temporary increase in volume of the local traffic system due to increasing traffic flow and. - Generation of solid and liquid waste; increased use of local resources; potential conflict between workers and local people; health issues and social evils. Low to medium, localized, temporary, and can be mitigated, unavoidable 3.1 Risk due to inadequate maintenance of the dyke - May cause local soil erosion, landslides, and/or local flooding. Low, can be mitigated during detailed design. Institutional capacity building component could also help reducing the risk Social impacts and mitigation measures Table 4.3 summarizes the amount of land requirements and affected households, while the final affected land and pollution will be determined during the detailed design. RAP and EMDP of the subproject have been prepared in line with the RPF and EMDF and will be submitted for WB clearance. Details are provided separately. In addition, 18 graves in the subproject area will need to be relocated. Relocation of the graves would be carried out by households whose graves are affected (as is the normal practice in Vietnam). Affected households will receive compensation payment to conduct the relocation on their own. Payment to the grave relocation includes costs of excavation, relocation, reburial, purchasing land for reburial (if any), and all other reasonable costs associated with necessary rituals by the local practice. Local ritual means relocation of graves will be carried out in accordance with local cultural practices, taking into account cultural preferences which are typical for each ethnic group. Relocation of graves will be done satisfactorily to the affected households prior to the commencement of construction. REEN.JSC 22

23 No Commune 1 Phuoc Loc 2 Nhon An 3 Nhon Hau 4 Nhon Phuc Table 4.3: Area of land acquisition in each commune (Unit: m 2 ) Residential land Area of permanent land acquisition ,329 1,431 2, Number of AHs Agricultural land Number of AHs , Residential land Area of temporary land acquisition Number of AHs Agricultural land Number of AHs Total 7,024 1, Environmental Impacts and Mitigation Measures Source: RAP, 2011 Potential negative impacts would occur during site clearance, construction operation and activities at quarry sites and near-by. Key impacts and mitigation measures are as follows: a) Construction phase Impacts: Impacts during this period are related to activities of land acquisition and site clearance. Impacts on the environment occur due to construction of items such as excavating and embanking. The potential impacts of the borrow pits on the environment include: loss of topsoil, land instability from incorrect earth removal or unstable deposition of spoil, leading to erosion; discharge of sediments into watercourses, dust emissions affecting health, and visual impacts. Given that the 3 borrow pits are planned by the provincial authorities for all construction activities with license granted to the owners, impacts on the environment and human health are medium and mitigated in accordance with the government regulation. Existing quarries will be used for supplying materials for subproject construction activities. Since these commercial quarries are licensed by local authorities and have to comply with the government environmental protection regulation, their impacts on the environment are not expected to be significant. The transportation routes for construction materials will use rural road passing through some villages. The expected impacts mainly include dust, air pollution, traffic safety, and noise. Mitigation measures are included in Table 4.2 and in the ECOP of the subproject. The environmental impacts are expected on soil, water and air environment due to generation of waste, dust, noise, water pollution, social issues, increasing safety risk to local residents and create potential conflict between workers and local people. However, the work is of small scale, short construction time, so the amount of waste, dust, noise from construction progress, living waste of workers on site, overflow rain water etc. is small, would not significantly affect the environment. REEN.JSC 23

24 Mitigation measures: Mitigation measures for land acquisition have been fully addressed in the subproject RAP. For ones associated with land clearance, as part of the construction practices, the contractor will prepare a plan to minimize and/or manage wastes and other potential impacts on local environment and local residents and give due attention to address the issues related to public safety. The above impacts can be mitigated by applying the ECOP prepared for the subproject together with the supervision. Details are as follows: Application of ECOP: applying ECOP (Annex 1) prepared for the subproject together with the supervision of the Construction Supervision Consultant (CSC) and field engineers and in cooperation of the community and local authority. The ECOP will be incorporated into the bidding and construction contract documents. The CSC will be responsible for the day-to-day supervision and monitoring of contractor s safeguard performance and this requirement will be included as part of the CSC s TOR (see draft in Annex 2). The ECOP scope is briefed as follows: Part 1 (General provisions) requests contractors (a) to prepare the Contract Specific Environmental Plan (CSEP) stipulating detailed measures necessary for avoiding or mitigating negative impacts during subproject implementation; (b) keep close contact with the local authority and community on the whole progress of construction; (c) ensure safeguard for the local residents, preventing conflicts between workers on site and the people. Part 2 (Construction Management) describes specific requirements for mitigation measures under five specific sub-plans: i.e. Management of Construction Sites and Activities, Management of Environmental Quality, Management of Work Camp, Management of Stockpiles, Quarries, and Borrow Pits, and Management of Dredging and monitoring plan. Detailed on the sub-plans will be incorporated into the CSEP to be prepared by contractor and approved and supervised by the supervision consultant as required under Part 1. b) Operation phase The negative impacts on the environment and society during operation phase are resulted from termite nests in the dyke footage and an increasing dyke height may also increase local flood in some areas. To restrict the scale and level of the impacts, the local authority needs to closely coordinate with the dyke management unit to patrol, guard, maintain the dyke, mobilize human forces, materials to protect the dyke particularly in flood season. In addition, the risk of inappropriate operation of culverts during flood events may cause dyke break, flooding the field-side, however, the strict compliance with operation procedures (2006 Dyke Law) as long with capacity building for culvert managers and close supervision and coordination among authorized agencies could reduce significantly this risk. Implementation of a Community Engagement Program (CEP) in some target areas where the local floods may be likely should be conducted. REEN.JSC 24

25 4.5. Summary of Impacts and Mitigation Measures Table 4.4 summarizes the potential negative impacts of the subprojects which is consistent with the initial assessment conducted during the ESMF preparation. Table 4.5 summarizes the mitigation measures proposed for the subprojects while the implementation arrangement and EMP cost is provided in Section VI. REEN.JSC 25

26 Table 4.4: Potential Negative Impacts of the Subproject Components Physical Biological Socio Others Key mitigation measures Air, noise, vibrati on Land, soil, water Solid waste, Sludge Forest, natural habitat s Fish, aquatic life Land acquisi tion, resettl Indigen ous peoples Physica l cultural resourc Liveli hood, comm unity Local flood, traffic, safety Offsite impact s ement es disturb ance Pre-const. L L L N L H N L M L L - Ensure effective implementation of Construction M M M N L N N L M M M ECOP and consultation with local residents Operation N N N N N N N N M L N - Ensure effective O&M; Implement Community Engagement Program (CEP) to build knowledge and capacity of local community to effectively response to flood events following the CBDRM principle Note: The following criteria are used for the assessment of level of impacts: None (N) no impact; Low (L) Small works, minor impacts, localized, reversible, temporary; Medium (M) Small works in coastal/sensitive areas, medium scale works with moderate impacts of which most are reversible, reducible and manageable, localized, temporary; High (H) Medium scale works in coastal/sensitive area, large scale works with significant impacts (socially and/or environmentally) of which many are irreversible and require compensation; Both M and H levels need implementation of the mitigation measures, monitoring, and adequate institutional capacity on safeguard. REEN.JSC 26

27 Activities causing impacts (1) Upgrading of anti-erosion embankment of Kon River for safety Table 4.5: Mitigation measures proposed for the subproject Mitigation measures During detailed design: incorporate ECOP into the bidding and contract documents and inform contractors on this obligation. During construction: Prepare CSEP and carry out mitigation measures, including revegetation as needed. During construction: closely supervise activities and monitor safeguard performance of contractors in cooperation with local community. Responsibility entity and cost PPMU; Cost for mitigation measures is part of the construction cost Contractor; Cost will be part of construction cost PPMU/CSC, local communities; Cost for monitoring and supervision is part of the supervision cost. (2) In operation process Periodical supervision and monitoring Implement a Community Engagement Program (CEP) with the local community located along the area of the subproject to increase their knowledge and capacity to be responsive to flood events Ensure effective O&M of the facilities PPMU and CPMO, Cost for supervision is part of the project management cost, WB also conducts supervision. PPMU; Cost for implementation is part of the safeguard cost of the subproject Dyke operator ; Cost will be part of the operating cost V. SUBPROJECT MONITORING PROGRAM This section describes the proposed monitoring program to be carried out during the implementation of the subproject. The program will include (a) monitoring of the safeguard performance of contractor and (b) monitoring effectiveness of the proposed mitigation measures. In this context, Subsection 5.1 briefly elaborates actions to be carried out while Subsection 5.2 describes scope of the monitoring program. 5.1 Actions to be Taken during Subproject Implementation The contractor will recruit a group of national consultants (the Environmental Contractor) to assist in the planning and implementation of safeguard measures to be carried out by the contractor, including preparation of the Contract Specific Environmental Plan (CSEP) and communication with local authorities and local communities. In particular, the Environmental Contractor would carry out the following tasks: - Prepare a CSEP in compliance with the ECOP, identifying the impacts on safety of resident and general public, dust/noise suppression, waste management, and traffic congestion, etc.; REEN.JSC 27

28 - Before the launch of the construction, confirm to the Construction Supervising Consultant (CSC) that all the safeguard issues related to the subproject during site clearance and construction have been addressed and CSEP have been approved by the concerned parties; - During construction stage, monitor the compliance with the agreed environmental plan, and maintain close consultation with the community residents, and information disclosure and timely responsive to any possible complaints from residents and general public throughout the construction duration; - At the completion of the construction, confirm the compliance with the agreed environmental plan, including re-vegetation and/or plantation of project area and inspect any damages incurred to be paid by the contractor. If necessary, prepare an order to compensate/restore the construction sites as specified in the contracts; and - Prepare a periodical report to the contractor and the subproject owners as agreed in the CSEP. During pre-construction, PPMU will carry out the following actions: - Establish a Provincial Environmental and Social Safeguard Unit (PESU) and assign at least one full time staff to be responsible for coordination and forging effective implementation of safeguard, including hiring of consultants to assist in the management and monitoring. - In preparing detailed design, identify the required mitigation measures to be implemented to address the concerns from the affected population and key stakeholders and further reduce the negative impacts both from social and environmental aspects. - In preparing the bidding document, include the ECOP (Annex 1) in the bidding and contract documents and ensure that the contractors are aware of the safeguard obligation and commit to comply. The Cost for mitigating the impacts during construction must be included as part of the subproject cost. The supervision and/or field engineers will be responsible for supervision and monitoring of safeguard performance of contractor and this responsibility will be included in the TOR for CSC and/or field engineers (see Annex 2); Implement RAP as soon as possible. During construction, PPMU will assign the responsibility for day-to-day supervision and monitoring to the CSC and/or field engineers and the results will be included in the subproject progress report. The contractor will recruit a group of national consultants (the Environmental Contractor) to assist in the planning, implementation of safeguard measures to be carried out by the contractor, including preparation of the Contract Specific Environmental Plan (CSEP) and communication with local authorities and local communities. The Environmental Contractor will be responsible for monitoring the compliance with the agreed environmental plan and maintaining close consultation with the community residents, including ensuring timely information disclosure and responding to any possible complaints from residents and general public throughout the construction duration. At the completion of the construction, the Environmental Contractor will confirm the compliance with the agreed environmental plan and inspect any damages incurred to be paid by the contractor. If necessary, prepare an order to compensate/restore the construction sites as specified in the contracts. REEN.JSC 28

29 To mitigate the potential impacts during operation, a Community Engagement Program (CEP) will be carried out for the local communities located along the subproject area of Kon River to increase their knowledge and capacity to be responsive to flood events. The activities will basically follow the CBDRM approach however scope of the activities will be designed in close consultation with local authorities and communities during the subproject implementation. The PESU assisted by consultants will be responsible for implementation of this program in close coordination with the implementation of the CBDRM Component 3. The implementation progress will be included in the subproject progress report. 5.2 Environmental Monitoring Program The environmental monitoring program would comprise of monitoring of contractor performance and monitoring effectiveness of the proposed mitigation measures. Objectives and scope of the monitoring are described below. a) Contractor performance monitoring Monitoring by subproject owner: PPMU will monitor safeguard performance of contractor throughout the construction period. PPMU will assign the construction supervision consultant (CSC) to carry out the day-to-day monitoring in line with the subproject ECOP and the approved CSEP given due attention to also mitigate potential negative impacts of the proposed borrow pits on local environment and local people. A generic TOR for the construction supervising consultant is provided in Annex 2. PPMU will also assign the PESU and its Provincial Environmental Management Consultant (PEMC) to conduct monthly monitoring of the contractor performance. Monitor by community: It is a normal practice in Vietnam that local community will also set up team to monitor potential negative impacts during construction. This is to ensure that the potential negative impacts are adequately mitigated from the local resident point of view. When the environmental deterioration happens, people and local administration will report to the project owner. For this subproject, it is anticipated that the local community will also monitor the contractor performance. Details discussion will be made before commencement of the construction of each contract. The PPMU will coordinate connection between the contractor and local community. b) Monitoring effectiveness of the proposed mitigation measures At the subproject level, the PESU assisted by the provincial environmental safeguard consultants (PEMC in Table 6.1 below) will periodically monitor performance of the proposed mitigation measures during the detailed design/bidding and construction stages in close consultation with local authorities and communities. If needed the mitigation measures could be modified in line with the actual impacts on the ground and/or agreements of key stakeholders. Results/records should be properly kept in the project file for possible review by CPMO and the WB. The PESU will also report the progress of the CEP implementation in the subproject progress report. Cost for the monitoring of the proposed mitigation measures will be part of the PPMU supervision cost. In parallel to this monitoring, the PPMU will also ensure compliance with the Government approval conditions according to the EIA regulation. At the project level, the Central Environmental and Social Safeguard Unit (CESU) of CPMO will also conduct a six month monitoring of the proposed mitigation measures for the subproject. REEN.JSC 29

30 VI. IMPLEMENTATION ARRANGEMENT 6.1 Organization and Responsibilities The subproject owner: Binh Dinh PPMU is the subproject owner and will be responsible for ensuring effective implementation of safeguard measures and timely reporting the implementation progress. The PPMU will set up a Provincial Environment and Social Safeguard Unit (PESU) comprising at least one full time staff to be responsible for forging effective implementation of safeguard measures. The safeguard consultant: To ensure effective implementation of safeguard measures at the subproject level, a team of qualified national consultant (Provincial Environmental Management Consultant (PEMC) will be hired to assist the PPMU during the implementation of safeguard activities for all the subprojects to be implemented by Binh Dinh PPMU under the project, including providing guidance on supervision and monitoring of contractors as well as safeguard training to PESU staff and field engineers. The Central Project Management Office (CPMO): CPMO and its safeguard consultant will be responsible for periodic monitoring of safeguard measures for the subprojects, including providing clarification on issues related to safeguard policies and requirements and safeguard training to the subproject staff/consultant. Other entities: The Provincial and District's People Committees and the Department of Natural Resources and Environment and (DONRE) are responsible for ensuring full compliance of the Government s regulations. It is also a normal practice in Vietnam that local community and/or social entities will also monitor the contractor performance as well as actual environmental and social impacts. Key responsibilities of these stakeholders are listed in Table 6.1. WB 's safeguard training. Given that World Bank safeguard policy and procedures are relatively new to the agencies and key stakeholders, CPMO will carry out special training on issue related to World Bank safeguard policies for Binh Dinh PPMU and the subproject at least one time during the first two year. The training costs will be part of the CPMO management cost. If needed additional safeguard training can be provided at the subproject level and the training cost will be part of the subproject management cost. Organizations CPMO PPMU Table 6.1: Institutional responsibilities for the Subproject Responsibilities - Periodically monitor performance of the subproject and include the safeguard performance in the project progress report and be the overall contact point with the World Bank. CPMO will be assisted by a team of qualified consultant at project level (CEMC). - As the subproject owner, Binh Dinh PPMU is responsible for implementation of the all the EMP activities to be carried out under the Project, including fostering effective coordination and cooperation between contractor, local authorities, and local communities during construction phase. PPMU will be assisted by a team of qualified consultants at subproject level (CSC and PEMC), the environmental staff, and/or field engineer. REEN.JSC 30