THE SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized E2993 v11 THE SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT EMP for Subproject Repairing and Upgrading Dyke Luong Yen Khai from K to K Nghe An Province - VN-Haz March, 2012

2 THE SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT Environment Management Plan (EMP) For Subproject Repairing and Upgrading Dyke Luong Yen Khai from K to K Thanh Chuong district, Nghe An Province REEN.JSC March, 2012 REEN.JSC 2

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

4 Unit m 3 m 2 kg Cubic meter Square meter Kilogram Note (i) 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, (ii) In this report, $ means United States Dollars (USD). REEN.JSC 4

5 TABLE OF CONTENTS I. INTRODUCTION... 9 II. SUBPROJECT DESCRIPTION... 9 a) Repairing and upgrading Luong Yen Khai dyke, section from K to K with 2.87 km of length... 9 b) Reconstructing 4 culverts c) Access road and approaching ramps to the dyke d) Activities at borrow pit sites III. ENVIRONMENTAL BACKGROUND General Characteristics and Land Use Soil and Water Quality Natural disasters in the subproject area IV. POTENTIAL IMPACTS AND MITIGATION MEASURES Potential Positive Impacts Safeguard Screening and Identification of Issues Social impacts Environmental Impacts and Mitigation Measures Summary of Impacts and Mitigation Measures V. SUBPROJECT MONITORING PROGRAM Actions to be Taken 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 TABLES Table 2.1. Technical design criteria for Culverts Table 2.2. Summary of the subproject construction quantities REEN.JSC 5

6 Table 2.3 Location and surveyed volume of borrow pit sites Table 3.1: Statistics of typhoons, floods and damage in Thanh Yen and Thanh Khai Table 4.1: Results of safeguard screening for Luong Yen Khai subproject Table 4.2: Potential negative impacts of the subproject Table 4.3. Summary of acquired land area in the communes (Source: RAP, 2011) Table 4.4: Potential Negative Impacts of the Subproject Table 4.5: 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 FIGURES Figure 2.1: Cross section of Dyke Figure 2.2: Longitude section of Culvert Figure 2.3: Approaching ramp layout Figure 2.4: Location of the Subproject Figure 3.1: Land use of the Subproject Figure 3.5 Map of Natural risks in Subproject area ANNEXES ANNEX 1: STANDARD ENVIRONMENTAL CODES OF PRACTICE (ECOP) FOR THE SUBPROJECT 33 ANNEX 2: GENERIC TOR FOR CONSTRUCTION SUPERVISION CONSULTANT (CSC) 49 ANNEX 3: RESULTS OF SAMPLE ANALYSIS 51 REEN.JSC 6

7 EXECUTIVE SUMMARY Background: The subproject Repairing and Upgrading of Luong Yen Khai Dyke from K to K , Nghe An Province is one of the six subprojects to be implemented in the first year of the Vietnam Managing Natural Hazards Project (VN-Haz project or the Project). The subproject has been proposed with the purpose of preventing Ca river flood to protect the life and properties 10,756 people, and 652 hectare (ha) of agriculture and forest land in the three communes of Thanh Luong, Thanh Yen, and Thanh Khai, Thanh Chuong District, Nghe An Province. Description: The subproject includes the following activities: (a) Repairing and upgrading of 2.87km of dyke, (b) Reconstructing 4 culverts under the dyke, and (c) Construction of 780.8m of access road and 29 dyke approaching ramps with the purpose for dyke saving in emergencies during floods. Impacts and mitigations: Overall impacts of the subproject would be positive. The potential negative impacts would be small to medium and could be mitigated and would be due to (a) land acquisition, (b) site clearance, (c) construction activities, and (d) risk of local flood during operation. No dredging will be required under the subproject. The subproject area is mainly agricultural land, with no critical natural habitat. It is estimated that acquired land for the implementation of the sub-project will include garden land and agricultural land. Total area of permanent land acquisition will be 13,300 square meters (m 2 ), including 13,100 m 2 of agriculture land and 200 m 2 of garden land. The implementation of the subproject will affect a total of 83 households (HHs), equivalent to 466 project affected people (PAPs). The affected HHs will be compensated in line with the Resettlement Policy Framework (RPF) and a Resettlement Action Plan (RAP). In the subproject area, no graves and temples or any other physical cultural structures will be affected. Potential negative impacts during site clearance and construction would be mainly due to activities of the dyke upgrading and construction, increasing the level of air, noise, vibration, 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 as an annex to 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 local flood which may occur when the dyke maintenance (routine and/or periodic) is inadequate and/or inappropriate operation of the culverts. To reduce the risks, the implementing agencies responsible for operation and maintenance of these facilities will be required to ensure adequate capacity and resources for these tasks as well as to implement a Community Engagement Program (CEP) to increase knowledge and awareness of the nearby communities on flooding issues. Actions to be carried out under the subproject: To mitigate these impacts, the following measures will be carried out in close consultation with the local authorities and communities, especially the affected HHs during the pre-construction, construction, and operation phases: REEN.JSC 7

8 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: Nghe An Provincial Project Management Unit (PPMU) will be responsible for ensuring effective implementation of the EMP of the Luong Yen Khai subproject, including reporting the implementation progress and safeguard performance of contractors. - PPMU will set up a Provincial Environment and Social Safeguard Unit (PESU), headed by a senior staff, responsible for forging effective implementation of safeguard measures for the subproject, including incorporating appropriate ECOP in the bidding and contract documents, and ensuring that the bidders are aware of this commitment. PPMU will work closely with the local authorities, local agencies and local communities to forge an effective implementation of the measures. PPMU may also hire a group of national consultants to assist in the coordination and/or implementation of the EMP, including a periodical supervision on contractor performance and a monitoring on environmental quality during construction. 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 $30,000 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 8

9 I. INTRODUCTION The subproject Repairing and upgrading Dyke Luong Yen Khai at section from K to K in Thanh Yen and Thanh Khai commune, Thanh Chuong district, Nghe An province is one of the six sub-projects to be implemented in the first year of the Vietnam Managing Natural Hazards Project (VN-Haz project or the Project). The objective of the subproject is to repair and upgrade a critical dyke section of Ca river left-bank dyke and the dyke-related civil works for: (i) controlling flood to protect the life and properties of 10,756 people, and 652 ha of agriculture and forest land in the area; (ii) improving conditions of the dyke for local traffic; and (iii) enhancing dyke rescuing capacity during flood season. The project activities will include repairing and upgrading of the dyke; reconstructing culverts; and constructing approaching ramps to the dyke and access roads for saving the dyke in emergencies. 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 will trigger the WB s safeguards policies on Environmental Assessment (OP/BP 4.01) and Involuntary Resettlement (OP/BP 4.12). 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, 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, submitted to, and approved by Nghe An Provincial People s Committee. II. SUBPROJECT DESCRIPTION The subproject is located in 2 communes Thanh Yen and Thanh Khai of Thanh Chuong District, Nghe An Province. The civil work will be carried out on the left bank of the existing Ca River Dyke (see location in Figure 2.4) The scope of the civil work includes: a) Repairing and upgrading Luong Yen Khai dyke, section from K to K with 2.87 km of length. Along the upgraded section, dyke level at the starting point is and at the ending point is In average, its dyke height will be elevated by 1.8 meters (m) with compacted backfilling soil =1.65 (T/m3); dyke top width: B = 6.0 meters (m) is strengthened with normal concrete M250, 20 cm thick, wide 5.0 m on a crush-stone compacted layer by compactors in 15 cm thick; two curbs are filled up with hill and rock soil, 0.5m wide each curb; an asphalt-fabric joint is placed at each 10 meter interval long; REEN.JSC 9

10 EMP for Subproject Repairing and Upgrading Dyke Luong Yen Khai from K to The field-side roof is designed with slope coefficient m = 2.0 and planted with grasses for anti-erosion. The river-side slope has a slope coefficient m = 2.0 and is strengthened with riprap in 25cm thickness layer on a crush-stone layer, 10 cm thick and a geo-textile layer HD250 at the bottom. All layers are placed in concrete frames, normal concrete M200, dimensions 10x12m, beam size (0.3x0.35m). Work Grade: III (VN standard); design flood frequency P = 2%. The design of a typical cross section of the dyke is illustrated in Figure 2.1. Figure 2.1: Cross section of Dyke Cä c :p37 Km: :2 2% 1:2 MSS:0.00 Cao é thiõt kõ Kho ng c c h lî thiõt kõ Cao é thiª n nhiª n Kho ng c c h mia b) Reconstructing 4 culverts Source: Main FS report, 2011 Four culverts under the dyke will be reconstructed with their body by reinforced concrete M200; the foundation strengthened with bamboo piles, 8-10 cm in diameter, 2.0 m long, and density of 25 (piles/m 2 ); the energy absorbing basin made of reinforced concrete M200; the backyard constructed by ashlars with mortar M100, 0.3 (m) thick; and the valve gate installed at the river side. Positions and parameters of the culverts are shown in Table 2.2 and Figure 2.2. No. Culvert Location Culvert No.7 Culvert No.8 Culvert No. 9 Culvert No. 10 Table 2.1. Technical design criteria for Culverts Catchment area (ha) Flow rate (m 3 /s) Length Aperture (m) nx(bxh) m 2 REEN.JSC 10 Note Km x1.5x2.0 Drainage Km x1.1x1.4 Irrigation Km x1.0x1.4 Drainage Km x1.5x2.0 Drainage Source: Main report FS, 2011

11 EMP for Subproject Repairing and Upgrading Dyke Luong Yen Khai from K to Figure 2.2: Longitude section of Culvert C¾t d ä c c è n g t ¹ i km Tû l Ö: 1/ 100 PhÝa th î ng l u Cäc tiª u BTCT M200#, 15m/ 1c äc 2% % Cäc tiª u BTCT M200#, 15m/ 1c äc PhÝa h¹ l u V a c hýt m¹ c h M75-25c m V a c hýt m¹ c h M75-25c m m=2 m= Khí p nèi nhùa PVC 1% Bª t«ng CT M200-40c m Bª t«ng lãt M100-10c m Khí p nèi nhùa PVC héc th rèi Cäc tre D= 8-:-10 c m, L = 2.5m MËt é 25cäc / 1m2 Cäc tre D= 8-:-10 c m, L = 2.5m MËt é 25cäc / 1m Ph¹ m vi ãng c äc tre Ca o é thiª n nhiª n Kho ng c c h mia MÆt b» n g c è n g Tû l Ö: 1/ A V a c hýt m¹ c h M75-25c m / 2 mæt b»ng lêp Êt Cäc tiª u BTCT M200 C c h 3m lµm 1 c äc V a c hýt m¹ c h M75-25c m C B A B C c) Access road and approaching ramps to the dyke Source: Main report FS, 2011 An access road for dyke rescue with a length of m will be upgraded and rehabilitated in Thanh Khai commune. Total road width is 5.0 m wide with road surface, 3.5m wide, normal concrete M250, 20cm thick. The government standard for Class A rural traffic road will be used with design speed of 15 km/hour. 29 approaching ramps (Figure 2.3) will be arranged along the dyke with technical parameters: width between m; slope i= 10% to 12%; road surface made of concrete M200, 20cm thick; and foundation compacted with standard macadam mattress, 15cm. An estimation of the volume of construction materials is indicated in Table 2.3 below. Table 2.2. Summary of the subproject construction quantities No. Items Unit Quantity 1 Concrete of various types m 3 8,697 2 Standard macadam m 3 2,213 3 Steel of various types kg 20,559 4 Earth excavation of various types m 3 30,911 5 Earthfill of various types m 3 186,314 6 Framework of various types m 2 5,297 7 Grass cover m 2 53,558 Source: Main report FS, 2011 REEN.JSC 11

12 +C m m=1.5 m=1.5 m= C M R900 m=1.5 m=1.5 m=1.5 m=1.5 m= m=1.5 EMP for Subproject Repairing and Upgrading Dyke Luong Yen Khai from K to Figure 2.3: Approaching ramp layout mæt b» n g ¹ i d iön d è c v uè t n è i ê n g d n sin h t ¹ i km , km , km Tû lö: 1/ 200 Lm Ld 1 m=2.0 m=2.0 2% 2% phýa å ng ph Ýa s «n g m=2.0 + TN + TN m=1.5 m=2.0 R900 i=12% i=12% i=12% i=12% m=2.0 + TN m=2.0 ph Ýa s «n g m=2.0 2% 2% m=2.0 Lm Lm1 Source: Main FS report, 2011 d) Activities at borrow pit sites. There are 2 borrow pits which have been identified according to the feasibility study report. They are within 6 km to the dyke. Site surveys have been conducted to determine the volume, composition, and quality of the borrow pit materials which are mostly hilly soil. Table 2.3 gives summaries of the location and volume of the proposed borrow pits. Table 2.3 Location and surveyed volume of borrow pit sites Name of Borrow pit Ru Dung Phuong Hoang Hill Location, capacity (m 3 ) In Thanh Yen commune, Thanh Chuong district. The capacity of the borrow pits is 250,450m 3. At Phuong Hoang hill, No.9village, Thanh Luong commune, Thanh Chuong district. The capacity of the borrow pits is 545,450m 3 Direction of Service Road Roadway: It is about 1 km to the subproject site. The transportation route does not cross any residential area. Roadway: It is about 6km to the subproject site. The transportation route follows a rural road without crossing any residential area. Source: Main report FS, 2011 e) Project implementation schedule 2011: - From 13/5 to 23/6: Topographic survey - From 18/5 to 28/6: Geological survey - From 15/5 to 15/6: Collection of hydrological and economic and welfare documents REEN.JSC 12

13 - From 20/5 to 20/6: Preparation of environmental impact assessment report - From 20/6 to 5/7: Design of basic drawing - From 15/7 to 20/7: Compensation plan - From 20/7 to 30/7: Submission and approval of the project - From 30/7-15/9: Submission to WB - From 16/9/2011 to 16/11/2011: Design of construction drawing - From 16/11 to 30/12: Approval of the detailed design 2012: - From 1/7 to 30/9: Compensation for land clearance - From 1/9 to 1/11: Procurement for civil works - From 12/2012 to 12/2013: Commencement and accomplishment of the work Figure 2.4: Location of the Subproject END POINT CONSTRUCTION WORKS OF 2.87km LENGTH START POINT III. ENVIRONMENTAL BACKGROUND This part provides a summary of key environmental background of the subproject. Environmental quality is provided in more details in the EIA of the subproject. The subproject area is located in Ca river basin, and in the area of 2 communes Thanh Yen and Thanh Khai, Thanh Chuong district, Nghe An province. Ca river starts from the Lao highland, stretching in northwest southeast direction, passing by districts of Ky Son, Tuong Duong, Con Cuong, Anh Son, Do Luong, running along Thanh Chuong district and divides the area into two regions: right-bank and left-bank. Heavy rain and large floods REEN.JSC 13

14 on Ca River are mainly due to typhoons, tropical low pressure, and sometimes in combination with cold air. Rainy season occurs in Ca-river basin between August and November, especially in September and October. Rain in Ca-river downstream is usually bigger than that in the upstream. Rain causing especially large floods in Ca river often lasts more than one week. 3.1 General Characteristics and Land Use The subproject area is located mainly on midland with riverside plain consisting of two types of geomorphology (riverside plain and river-bed alluvial) with a total area of 652 ha. Land in Thanh Chuong district is mainly characterized by high hilly soil and some area of alluvial soil not being supplemented annually. Most land area is used for agricultural production which accounts for 57% of the total land. Forest land occupies 11% of the district land. The soil is poor in nutrition with nitrate, phosphorous, potassium, and light mechanical composition of soil. Land use of Thanh Chuong district is illustrated in Figure 3.1. Figure 3.1: Land use of the Subproject Other Unused Housing Industrial Forest land 12.63% 5.99% 4.69% 8.68% 10.87% 57.14% Agricultur REEN.JSC 14

15 3.2 Soil and Water Quality Surface water: The analysis result provided by the Department of Physic-chemical Testing and Environmental Analysis, Institute of Biochemical Engineering and Special Knowledge, shows that all parameters meet the national standard for surface water quality QCVN 08:2008/BTNMT column B1 which is suitable for irrigation purposes, except COD being a little higher than the standard. Groundwater: The groundwater quality in the area is rather good, all parameters are within the allowed limit in accordance with the standard QCVN 09:2008/BTNMT (National technical regulations on quality of groundwater), with Coliform and ammonia being a little higher than the standard. Soil: The soil has neutral ph, the content of nitrate, phosphorus, potassium is poor to average. The content of heavy metals like Cd, Pb, Hg, As in soil lies within the maximum allowed limit for heavy metals in soil (QCVN 03:2008-BTNMT: National technical regulation on the allowable limits of heavy metals in the soils). Detailed water and soil quality analyses in the subproject area are presented in tables of Annex Natural disasters in the subproject area In recent years, natural disasters in the subproject area alone and in the whole Ca river basin generally have occurred abnormally, causing severe loss of life and damages to people s living conditions and properties as shown in Table 3.1. Table 3.1: Statistics of typhoons, floods and damage in Thanh Yen and Thanh Khai Total Number of people Livestock Damage No. Year Pig, 10 6 VND Typhoon Flood Injured Dead Cattle chicken Flood after typhoon No Tổng , Source: The main FS report 2011 Natural disasters in the subproject area of Thanh Chuong district are usually characterized by storms, inundation, sea water intrusion, surge, flashfloods, landslides, droughts, hot dry wind, thunderstorms and tornados. According to the province statistics, there were 67 storms and tropical depressions directly attacking Nghe An from 1978 to These events caused floods, flash floods, and inundation, resulting in 1,000 causalities, 300,000 damaged houses, a million hectares of crops, and ruining many socio-economic REEN.JSC 15

16 infrastructure facilities. Figure 3.1 presents an overall picture of natural risks in the subproject area. Figure 3.5 Map of Natural risks in Subproject area Subproject area REEN.JSC 16

17 IV. POTENTIAL IMPACTS AND MITIGATION MEASURES 4.1 Potential Positive Impacts The positive impacts of the subproject would include: Prevention of typhoons and floods, inundation and reduction of damage caused by natural disasters in order to ensure safeguard for life and property of 10,756 people living in the area and keep stable production for 652 ha of agricultural, forest land in the subproject communes. The subproject would also help stabilize river banks, prevent landslide from happening on agricultural land and populated area, create traffic route serving local transportation and dyke rescue in emergencies. At the same time, it would create a nice landscape, clean environment not to be polluted by floods. 4.2 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 V and V. 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). Table 4.1: Results of safeguard screening for Luong Yen Khai subproject Safeguard issues likely to be involved Safeguard document prepared Remarks (1); (4); (5); (8); EMP, RAP The subproject does not involve any natural habitats, or ethnic minorities, and physical cultural resources or graves. REEN.JSC 17

18 *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 negative impacts and mitigation measures Site investigation and document review were conducted for identifying and assessing the potential adverse impacts, including consultation with the local communities and affected people. 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 1.1 Land acquisition 1.2 Site clearance Loss of productive land and/or residential land/assets that may cause negative impacts on livelihoods and well being of project affected population (PAPs): - The total area of permanent land acquisition will be 13,300 m 2 including: 200 m 2 of garden land and 13,100 m 2 of agricultural land. - A total of 83 HHs with 466 PAPs will be affected. - Generation of waste, dust, noise, water pollution, social issues, etc. - Loss of productive plots / trees affecting livelihoods and local habitats (total 203 fruit trees in Thanh Yen commune will be cleared) - Discharging sediment and vegetation material into nearby water courses, rice paddies, and/or irrigation canal.. - Increase safety risk to local residents and create potential conflict between workers and local people. Significant, can be compensated, unavoidable Medium, localized, temporary, can be mitigated, unavoidable. 2. Construction Phase 2.1 Repairing and upgrade of the dyke, and building of a new access road, 29 dyke approaching ramps, and 4 - Safety risk of UXO is mainly at borrow pit sites because the construction activities are on the old dyke route. - Generation of large amount of excavated materials that need appropriate disposal and management. - Estimated that 30,911 m 3 of soil will be dug and in one year of construction. Most soil is used for embankment. Low to medium, localized, temporary, can be mitigated, unavoidable REEN.JSC 18

19 Activities Negative impacts Significant level culverts. - Increased dust air and noise pollution, Construction vibration, and traffic volume due to activities will be transportation, loading and unloading of carried out along a construction materials, and other construction large area activities. spanning 2.87 km. 2.2 Transportation of construction materials (sand, soil, rocks, gravel, cements, etc.) and disposal of construction waste, etc. 2.3 Construction activities and operation of construction equipment and machinery, workers activities (60 workers), and impacts at the proposed borrow pits - Domestic solid waste generated by construction workers, construction campsite, kitchen, toilets, and solid construction wastes. - Hazardous wastes such as waste oil, spent lubricant, and contaminated materials resulting from leakage of oil and fuel. - Increase safety risk, dust, noise, vibration, water pollution and other nuisance to local residents. - Dust and other air pollution caused by trucks, barges, vehicles, transporting, loading and unloading activities - Noise and vibration due to transportation and loading and unloading activities - Water pollution caused by runoff water containing oil and grease. - Temporary increase in volume of the local traffic system due to increasing traffic flow and. - Increase safety risk to local residents and other nuisance. - Damage to local roads. - Air pollution due to fugitive dust and exhausted gases from trucks - Noise and vibration caused by vehicles, construction machinery. - Domestic solid waste generated by 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. - Erosion at borrow pit and the dyke site affecting irrigation canals and paddy rice Low to medium, localized, temporary, and can be mitigated, unavoidable Low to medium, localized, temporary, and can be mitigated, unavoidable. REEN.JSC 19

20 Activities Negative impacts Significant level fields. - Temporary increase in volume of the local traffic system due to increasing traffic and - Generation of solid and liquid waste; increased use of local resources; potential conflict between workers and local people; health issues and social evils. 3. Operation phase 3.1 Risk due to in appropriate operation of culverts and/or inadequate maintenance of the dyke 3.2 Risk due to increasing local flood due to increasing high of the dyke - May cause local flood and possible impacts on water quality and water uses. - Potential increase in damage due to major flood event 4.3 Social impacts and mitigation measures Small, can be mitigated during detailed design. Institutional capacity building component could help reducing the risk Low, can be mitigated through community engagement activities Table 4.3 summarizes the amount of land required and affected households, while the final affected land and pollution will be determined during the detailed design. Mitigation of these impacts will be in accordance with RAP of the subproject which has been prepared in line with the RPF and will be submitted for WB clearance. Details are provided separately. Table 4.3. Summary of acquired land area in the communes (Source: RAP, 2011) Thanh Chuong district No Type of assets Unit Thanh Khai ThanhYen Total commune commune A Total AHs HH B Land 1 Garden land m HH Agricultural land m 2 13,100 7,750 5,350 HH C Planted trees 1 Fruit trees tree Environmental Impacts and Mitigation Measures Potential negative impacts would occur during site clearance, construction operation and activities at borrow pit sites and near-by. Key impacts and mitigation measures are as follows: a) Construction phase REEN.JSC 20

21 Impacts: Impacts on the environment occur due to construction of items such as excavating and embanking, building drainage culverts, constructing access road and dyke approaching ramps combined with dyke saving. However, the work is of small scale, short construction time, so the amount of waste, dust from construction process, living waste of workers on site, runoff rain water etc. is small, not significantly affecting the environment. The construction materials will come from 2 proposed borrow pits which are about 6 km from the construction sites. These borrow pits are not located in the nearby protected area, critical natural habitats, and/or area of spiritual area important to local people. They are located on two hills covered with bushes of no ecological value. 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. The transportation routes for construction materials will not go through villages. The expected impacts of material transportation mainly include dust, air pollution, traffic safety, and noise. Possible risk due to UXO at the borrow pits should also be investigated. Mitigation measures: The above impacts can be mitigated by: (a) ensuring that the application and supervision of ECOP. Associated mitigation measures during construction and operation as well as closure requirements of borrow pits can be addressed by applying mitigations measure included in the Environmental Codes of Practice (Annex 1, Section V, 5.4). For the borrow pits to be used exclusively for this subproject, closure plans for these pits will be prepared during the CSEP which is required by ECOP; and (b) conduct UXO clearance at the proposed borrow pits as needed before the commencement of the construction. 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-today 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 REEN.JSC 21

22 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 maybe resulted from termite nests in the dyke foot. 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, and materials to protect the dyke particularly in flood season. In addition, the risk of inappropriate operation of culverts during flood events may cause disaster of dyke break, flooding the field-side. However, 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. Upgrading of the existing dyke and/or rescue roads and/or operation of the proposed culverts could increase the level of land and water use conflicts. To avoid and/or mitigate these potentials, a quick assessment has been carried out from 24 to 28 October 2011 to indentify the areas/communities likely to be negatively affected by the subproject what will be required to mitigate the potential risks. If there is any specific issue, areas, and/or concerns related to land and water use and/or potential conflicts in the subproject area due to the implementation of the subproject, the mitigation measures will be proposed. The results of this survey can be summarized as following: Participants In the project area :Leaders of Commune People Commitees (CPC); Presidents of Commune National Front (CNF); Young Union, Women Associations; Vetarian Associations; the affected households from Thanh Yen and Thanh Khai commune. The opposite areas (the right-hand side) include: Leaders of People committee; President of Commune National Front; residents from Nam Thuong commune. (i) (ii) Risk of the increased height of left hand side dyke will threaten the safety of the right hand side one in the extreme flood. However, the increase is not so much, the hydraulic calculation was done in the FS with the whole river and therefore, it will insignificantly affect the right-hand side communities. Some concerns about the land acquisition (permanent and temporary) but the dyke is mostly upgraded, so the lost land will be small and this problem should be covered in the RAP report. (iii) All participants wish for the subproject to be approved in a short time, so the subproject HHs can benefit soon. (iv) All participants ask for the subproject to be implemented soon and ensure the work schedule and quality. To mitigate the potential impacts, it is necessary to implement a Community Engagement Program (CEP) to improve knowledge and capacity of the local communities on flood risks and how to be responsive to them. Therefore the Component 3 activities should not only cover Thanh Yen and Thanh Khai commune but also should consider Nam Thuong commune on the right-hand side, where they can be threaten by activities of the subproject. CBDRM should be conducted at district and commune level, including: development REEN.JSC 22

23 planning and developing plans or strategies of mitigation of disaster risks; training and capacity building for preventing and mitigating risks of disaster at commune level; investing in the small-scale infrastructure especially the ones for mitigating flood and drought. The training, capacity building for preventing and mitigating disasters at local level combined with structural measures of the subproject will enhance overall investment effectiveness. 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 23

24 Table 4.4: Potential Negative Impacts of the Subproject Components Physical Biological Socio Others Key mitigation measures Air, noise, Land, soil, Solid waste, Forest, natural Fish, aquati Land acquisiti Indigen ous Physical cultural Livelihood, community Local flood, Off-site impacts vibrat ion water Sludge habitats c life on, resettle ment peoples resources disturbance traffic, safety Preconstruction Construction L M L M L M N N L L H N N N L L M M L M L M - Ensure effective implementation of ECOP and consultation with local residents Operation N N N N N N N N M L N - Ensure effective O/M; Build capacity of local community with high risks through Component 3 implementation 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.

25 Activities causing impacts (1) Upgrading of the dyke, constructing access road, approaching ramps, and culverts. 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. Subsection 5.1 briefly elaborates actions to be carried out. 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.;

26 - 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 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 26

27 To mitigate the potential impacts during operation, a Community Engagement Program (CEP) will be carried out for the local communities located along the dyke 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 Environment and Social Unit (CESU) of CPMO will also conduct a six month monitoring of the proposed mitigation measures for the subproject. REEN.JSC 27