Preliminary Study Report for Grant Aid Project

Transcription

1 Preliminary Study Report for Grant Aid Project 1. Title of the ooperation Project and Name of the Project Proponent 1.1 Title of the ooperation Project The Project for Dualling of Ugong Road from Adams Arcade (Elgeyo Marakawet Road Roundabout) to the Junction of Ngong Road/Kenyatta Avenue in the Republic of Kenya 2. ategorization and its reason 2.1 ategorization: ategory 2.2 Reason (1) Several adverse impacts (rating ) are expected due to the project during planning, construction and operation stage on environmental items such as land acquisition and involuntary resettlement, fauna, flora and biodiversity, air pollution, water pollution, waste, etc. (2) In the Second Schedule of the Environmental Management and o-ordination Act, 1999 (EMA) Projects to undergo EIA are specified for plans of developments and activities for the project in relation to road development. Thus the proposed project is required to be subject to EIA. 3. Outline of the Location (Maps, Environmental and Social ondition, Problems and so on) 3.1 The Project areas Ugong Road is located in western area of the ity of Nairobi, the capital of Kenya as shown in Map 1. The targeted road section is about 5km long running from Adams Arcade to the Junction of Ngong Road/Kenyatta Avenue as shown in Map 2. (1) Social environment - Administrative units traversed by the road section are 1 Province (Nairobi), 2 Districts (Dagoreti and Langata), 3 Divisions (Westlands, Dagoreti and Kibera) and 4 Locations (Kilimani, Riruta, Kenyatta/Golf ourse and Langata). - The population of Nairobi was about 2.14 million at 1999 population census and estimated about 3 million in Populations corresponding to the administrative units are about 0.73 million for 3 Divisions and about 0.16 million for 4 Locations in Areas around the road are mostly utilized for residential, commercial and institutional facilities and sports/recreational activities. In the eastern area there are many offices of government and related organizations, and of business activities as a center of administrative, social and economic activities in the ity of Nairobi and in the whole Kenya. In the western area there are many public facilities such as schools, hospitals as well as private facilities of commercial activities such as shopping centers. (2) Natural environment - Nairobi area is divided into two physiographic units or landforms. The western portion including the project area is on high ground (1,700-1,800 meters above the sea level) with rugged topography, while the eastern side is generally low (1,600 meters above sea level) and flat. The geology is 1

2 dominated by volcanic activity and rocks of the area mainly comprise a succession of lavas and pyroclatics of ainozoic age overlaying the folded schist and gneiss of the Precambarian asement system. - The climatic conditions within project area are similar to the ity of Nairobi. A semi-humid climate with a bi-modal rainfall occurring in from March to May and from mid-october to mid-december. The average annual mean rainfall is about 1,080 mm per year. The minimum and maximum temperature ranges from of 12 to 28 with annual mean of about There are various conservation areas in the Nairobi ity Area include two national parks, forest areas, and city parks. However, areas around targeted Ugong Road section are mainly urban setting where natural vegetation has been compromised by social and economic development. (3) Environmental Pollution - The air pollution along the road is associate with exhaust emissions from vehicles and domestic emissions, although there is no existing data on air quality. Most of the motorable sections of the road and its adjoining access roads are bitumen surfaced and hence limited level of dust emissions. Like most other urban roads, the road section is characterized with constant flow of vehicles implying vehicular air pollution and noise to receptors along the immediate neighborhood of the road. This, however, varies with distance from the ROW as well as the nature and volume of traffic using the road. 4. Legal framework of Environmental and Social onsiderations 4-1 Laws and regulations (1) Environmental Management and onservation - The onstitution of Kenya - Environmental Management and o-ordination Act, 1999 (EMA) - Water Act, Wildlife (onservation and Management) Act, Forests Act, Lakes and Rivers Act, Public Health Act, Occupational Safety and Health Act, Local Government Act, etc. (2) Environmental Regulation and Standards - Environmental Management and oordination (Water Quality) Regulations, Environmental Management and oordination (Waste Management) Regulations, Environmental Management and oordination (Noise and Excessive Vibration Pollution ontrol) Regulations, 2008 (draft) - Environmental Management and oordination (Air Quality) Regulations, 2008 (in preparation) (3) Environmental Impact Assessment - Environmental Management and o-ordination Act, 1999 (EMA) - Environmental (Impact Assessment and Audit) regulations, 2003 (EIAAR) - Environmental Impact Assessment Guidelines and Administrative Procedures (draft) (4) Land Tenure and Land Use - Land ontrol Act, Government Land Act, Registration of Titles Act, Registered Land Act, Trust 2

3 Land Act, Physical Planning Act, Land Acquisition Act, Wayleaves Act, etc Projects subject to EIA In the Second Schedule of the EMA Projects to undergo EIA are specified for plans of developments and activities for 15 sectors. Among them an EIA is required for the project of road transport development. 4-3 Procedures and requirements for Environmental Assessment According to the EIAAR, the project proponent should obtain the Environmental Impact Assessment (EIA) Licence from the National Environment Authority (NEMA) through two steps. The first step is by applying a Project Report to the NEMA. The second step is by conducting EIA Study and by submitting an EIA Study Report to the NEMA, if the NEMA is not satisfied with the result of the Project Report. EIA studies and reports required under the EMA shall be conducted or prepared respectively by individual experts or a firm of experts authorized in that behalf by the NEMA. The general procedures in both steps are shown in Figure 1. 3

4 Process of applying and obtaining Environment Approval Plan of the Project (Activities, Programmes) Proponen t NEMA Lead ertified Agency EIA (Ministry Expert etc.) Scoping process (like IEE) Making "Project Report (PR)" Submit PR to NEMA (Within 45 days) Review & omment Decision of Approval (1) (Yes) (No) Approval (Environment Licence) To implement the Project Plan Initial Environmental Audit Self Environmental Audit Full EIA is required (Agree) (Disagree) Appeal to Environment Tribunal onduct EIA Study Public onsultation Submit EIA Study Report to NEMA Review & omment (Within 3 months) Public Hearing Decision of Approval (2) (No) (Yes) (Agree) EIA Licence To implement the Project Plan Redesign EIA or Project Plan (Disagree) Appeal to Environment Tribunal Initial Environmental Audit Self Environmental Audit Note1: asically information disclosure and public partcipation are required for entrire process. Note2: Mostly involved organizations Note 3: In terms of calendar days/months from receiving PR or EIA Study Report Figure 1 Procedure of Obtaining EIA Licence 4

5 4-4 ompetent Agency ompetent agency to evaluate, review the Project Report and the EIA Study Report and issue EIA Licence is National Environment Management Authority (NEMA). It was established under the EMA as the principal agency of government in all matters of environmental management and a parastatal of the Ministry of Environment and Natural Resources as shown in Figure 2. Ministry of Environment and Natural Resources National Environment Management Authority (NEMA) Directorate Finance & Administration Department Planning & Research Department Environmental Information, Education and Public Participation Department ompliance & Enforcement Department oastal, Marine and Freshwater Subdepartment Provincial Director of Environment District Director of Environment Source: Result of an interview and NEMA website. Figure 2 Organization chart of National Environment Management Authority (NEMA) 4-5 Information Disclosure and Public Participation According to the EIAAR, the public consultation is a pre-requisite to all the projects to provide different stakeholders with an opportunity to raise their concerns from the project scoping stage to the approval of EIA Licence. Provision of intense public participation and consultation has been made mandatory for EIA through public consulting during scoping and public hearing after draft report preparation. Such participation of the related stakeholders take place through entire period of preparation and reviewing of both the Project Report and EIA Study Report 5. Outline of relevant Agency and Institution which implement Project, EIA so on. 5.1 Name of the Project Proponent -The Responsible Agency (Lead Agency)is the Ministry of Roads (MOR). -The Implementing Agency (Proponent) is Kenya Urban Roads Authority (KURA). - Organization chart of both agencies are shown in Figure 3 and 4. 5

6 Ministers Assistant Ministers Permament Secretary Roads Secretar y Adminis tration Secretar y Kenya Road oard Quality Assuran ce Departm ent Kenya Urban Roads Authorit y (KURA) Kenya National Roads Authorit y Kenya Rural Road Authorit y Kanyan Institute of Highwa y & uilding Technol material s Testing & research Departm ent Roads Departm ent Mechani cal & Transpo rt Departm ent Figure 3 Organization hart of Ministry of Roads (MOR) oard of Directors Director General Quality Assuran ce Audit General Manager - Planning & Environ ment General Manager - Design & onstru ction General Manager - Mainten ance General Manager - Finance Road Planning & Environ ment Legal & orpora te Affairs IT Design & onstru ction Survey Services Structur es Human Resourc es & Adminis tration Mainten ance East Axle Load Mainten ance West Procure ment & ontract s Finance Figure 4 Organization hart of Implementation Agency (KURA) 6. Outline of the Project and Analysis of Alternatives 6.1 Outline of the Project The objective of the proposed project is to meet increasing transportation demand and contribute to reduction of traffic jam, especially in the west side of ity of Nairobi through widening of Ngong Road in ity of Nairobi in the Republic of Kenya. The scope of the project was originally the widening of existing two-lane two-way Ngong Road to four-lane two-way from Dagoreti orner to the Kenyan National Library Services. However, as a result of discussion with Kenyan side, the scope was finalized the widening of the Ngong Road to four-lane two-way from Adams Arcade to the Junction on Ngong Road/Kenyatta Avenue as shown in Figure 2. 6

7 6.2 Analysis of Alternatives Analysis of alternatives was examined for following three cases. (1) No action (without project) The high urban population growth rate in ity of Nairobi has created rapid urban spatial growth and associated problems such as inadequate housing, traffic congestion, environmental degradation, land use conflicts etc. Among them heavy traffic congestion is the most serious problem in view of hampering economic activities and living conditions, and causing air pollution. The present transport infrastructure is inadequate to meet the rapidly increasing traffic demand in the Nairobi Metropolitan Area. An inadequate supply of the road capacity, road structure and traffic management measures have been causing heavy traffic congestion and traffic accidents. No action means that any efforts will not be made to reduce heavy traffic congestion and the present serious problem will be left unsolved. (2) Project plan by MOR To reduce traffic congestion of Ugong Road, Ministry of Roads planned independently road widening project for full stretch of Ugong Road and a part of Langata Road, covering a total of 31km long and including section of this project. Ministry of Roads (2009.8): Preliminary and Detailed Engineering Design of All Saints athedral Junction ity Mortuary Dagoreti orner Ngong Town (61/60) Roads Karen omas Roads Volume (by APE onsulting Engineers, AS onsulting Engineers Limited and onsulting Engineering Services (India) Private Limited) The project intends to existing two-lane two-way road to widen to six-lane two-way road at a burst to solve the present traffic congestion through a drastic increase of traffic volume. However, construction cost is estimated high enough to be beyond the limits of the budget. In addition, the plan has difficulties even for the same section as this project in terms of environmental and social considerations as follows: a) The project plan includes construction of flyovers and underpass which are expected to cause significant impacts during construction and operation stage. b) onsiderable numbers of plots are likely to be affected by land acquisition to secure ROW (Right-of-Way) and many encroachments into ROW by business activities and structures are also expected in numbers and types. These mean that the involuntary resettlement and generation of PAPs are expected to occur considerably. (3) The cooperation project This project plan widening to four-lane two-way road is more feasible in view of the consistency with the limits of the budget and cope with urgent needs, although improvement of traffic congestion is expected to less than the project by MOR. However, in terms of environmental and social considerations, the extent of involuntary resettlement and PAPs are expected to be less than the project by MOR and impacts on other environment items to be not significant. 7

8 Thus, the project will materialize various beneficial such as reduction of severe congestion, improvement of accessibility to work places and public service such as schools, hospitals and consequently stimulation to the local economy and industry. 7. Adverse Environmental and Social Impacts 7.1 Activities due to the cooperation project Expected activities due to the project are shown in Table 1. Table 1 Activities due to the Projects Stage Activities due to the Projects Land acquisition and/or involuntary resettlement Planning Stage hange of plan for use of lands and local resources Extraction and transportation of construction materials from quarries and borrow pits Engineering works for earthmoving, cutting and filling onstruction Installation of plants, warehouse and worker's camps Stage Operation of construction plants, machines and vehicles onstruction work of road and related facilities and structures Operation of road transportation Operation Stage Space occupancy of roads and related facilities and structures 7.2 Envisioned adverse environmental and social impacts (Environmental Scoping) Envisioned adverse environmental and social impacts due to the project are identified, predicted and evaluated with rating for 31 items of social environment, natural environment and environmental pollution according to the scoping procedure of JIA Guidelines for Environmental and Social onsiderations, and summarized in Table 2. Table 2 Environment item, Result of Environmental Scoping Rating Description of expected impacts P) (1) ROW(Road Reserve) was almost secured for target road section of Ugong Road. However, land acquisition is expected to secure ROW on some part of the road section, although necessary spaces are mostly part of the full plots such as corner boundaries and area for car park and fence. (2) Social Environment 1 Involuntary Resettlement Encroachment on ROW are found for obstacles such as car park, fence, vendors and kiosks, small offices, etc., structures such as high voltage electric lines, signboards and planted trees. However, most of these obstacles have been utilized after permission by ity ouncil Nairobi, although some illegal encroachment is expected. (3) Thus involuntary resettlement is expected to give rise for two types of the Project Affected Persons (PAPs) (1) land owners by land acquisition and (2) people having promise and structures and activities on ROW. 8

9 ) eneficial impacts such as creation of employment opportunity for Local economy public works. O) Smooth access to offices and working places, and 2 such as employment and D increase of convenience to social services such as hospitals, schools, churches, etc. are expected due to the improvement of traffic condition. livelihood etc. Thus the project will contribute to enhancing the local economy and livelihood and raising living condition. O) oth sides of the road lands are used for many public facilities such as government offices, hospitals, schools, mortuary, sports clubs, and business 3 Land use and utilization of local resources facilities such as shopping center, hotels, petrol station, etc. Surrounding areas lands are used mostly for middle class residence and public and business facilities including foreign embassies. Thus it is expected the project may contribute to make more convenient living conditions, to enhance business activities and to enjoy more efficient social services for these areas. Social institutions O)There are many public facilities such as government office, hospitals, such as social schools, churches, sports clubs, etc. It is expected that the project may give 4 infrastructure and local rise smooth access to these facilities due to the improvement of traffic condition. However, there is little information on social institutions which decision-making represent opinions of community and users at present. institutions ) (1) Temporary Traffic congestion may occur due to construction work. (2) There are connection lines of utilities such as high voltage electric lines, 5 Existing social infrastructures and services D water pipes, sewer lines on and/or underneath the road. Thus some disturbance, damage and relocation are expected due to excavation and earth moving work. O)There are many public facilities such as government office, hospitals, schools, churches, sports clubs, etc. The project may give rise smooth access to these facilities due to the improvement of traffic condition. ), O) At present there is little information about vulnerable group such as 6 The poor, indigenous of ethnic people the poor, women and children and ethnic people such as Maasai.2) There are also found small-scale business traders such as vendors and kiosk on ROW and in open-air markets. Some of these people come from Kibera slum area. Thus there is some possibility of giving away their livelihood due to the project. 7 Misdistribution of benefit and damage There is some possibility of misdistribution of benefit and damage depending on the procedures for land acquisition and removal/relocation of obstacles on ROW. There is some possibility of misdistribution of benefit and damage 8 Local conflict of interests depending on the procedures for land acquisition and removal/relocation of obstacles on ROW. 9

10 9 ultural property and heritage ) There are many churches which are a kind of cultural property and at the same time spiritual places to citizens. There are some possibility of disturbance to go to church due to construction work. Water usage or There are little information on water rights, fishery right and rights of 10 Water rights and Rights of common in the area. However, activities such as water intake and fishing are not operated along the road. ommon ) O) Air pollution due to increase of traffic volume may cause some 11 Public health and Sanitation adverse effect to respiratory organ. However, extent of impact is unknown. 12 Infectious diseases such as HIV/AIDS It was reported some possibility of infection with HIV/AIDS and venereal disease at worker's camp in case of other African countries. However, extent of impact is not known at present stage. Hazards (cyclone, In the late night time, there is found security problem in the project area. 13 drought, etc.) and risk However, no additional risk of disaster and security are not expected, although there is little information at present. P)Traffic accidents likely to increase due to increase of vehicles for construction work. O) Improvement of traffic congestion may give raise to 14 Accidents increase in number of vehicles travelling Ugong Road. This may also result in number of traffic accidents, if proper traffic management measures such as signaling, grading up traffic manners of both drivers and pedestrians are not arranged. The project is only to make dualling the existing two road lanes. Thus no 15 Topography and Geology large-scale topographical and geological alteration are expected. However, extent of impact is unknown at present stage. The project is only to make dualling the existing two road lanes. Thus no 16 Soil erosion large-scale land cut and land mound are expected. However, extent of Natural Environment 17 Groundwater impact is unknown at present stage. A large scale exploitation of groundwater is not expected. However, underground facilities such as water pipe and sewer lines likely damaged due to road construction work. In addition, some possibility of utilizing underground water in case of lack of city water supply. 18 Hydrological situation/drainage pattern ) onstruction of gutters and reconstruction of culverts may result in some changes in hydrological situation. However, extent of impact is unknown. 19 oastal zone D The Project area is not located in coastal zone. 10

11 ),O) No rare, endangered or endemic terrestrial plant and animal species were observed during the site visit. However, planted trees such as 20 Fauna, Flora and iodiversity Jakaranda and Eucaliptus species and greens along the road contribute somewhat amenity of the area and mitigate threat of air pollution and noise. ) Some impact is expected due to increase in road traffic during construction stage and operation stage. ) Removal and/or relocation of trees and greens on ROW may result 21 Landscape greenery and aesthetics of the projected area. However, extent of impact is unknown at the present stage. 22 Meteorology D No large-scale topographical alteration are expected. Generation of greenhouse gases such as O2 is expected to increase due 23 Global Warming D to increase of number traffic volume. However. Extent f impact is not known. ) Emission of air pollutants from vehicles and machines for construction work are expected. O) Improvement of traffic congestion may give rise to increase in number of vehicles travelling Ugong Road. This may also result 24 Air pollution in increase in emission of air pollutants such as SO2, NOx, exhaust particulates. In addition, poor emission control of many vehicles due to insufficient maintenance and inspection may accelerate to spew out bad smell and black smoke along the road. ) Water pollution due to inflow of soil and sand from construction work 25 Water pollution and wastewater from worker' camps is expected somewhat. Environmental Pollution Soil 26 contamination 27 ottom sediment D ) Toxic materials such as asphalt emulsifiers utilized for road construction may give rise to soil contamination. However, extent of impact is unknown. No reclamation and dredging work is expected. 28 Waste ) Generation of soil, sand and construction waste is expected at quarry, borrow pits, road construction work and worker's camp, etc. 29 Noise and Vibration ) Generation of noise and vibration from construction machines and vehicles is expected. O) Increase of noise and vibration due to increase in traffic volume is expected. 30 Ground Subsidence ) No major earth moving or reclamation is expected. O) Increase in traffic volume may accelerate to spread over bad smell along 30 Offensive odor the road due to poor emission control of vehicles. However, extent of impact is unknown. 11

12 Note 1: Environmental items in the scoping are prepared based on the JIA Guidelines for Environmental and Social onsiderations (2004) with some modifications as referred to the Environmental Guidelines for Infrastructures Projects (1992). Note 2: Regarding the impacts on "Gender" and "hildren's Right" might be related to all criterion (items) of Social Environment. Note 3: Rating; In general, both beneficial and adverse impacts are expected due to the project activities. However, adverse impacts only are the subject of considerations according to the JIA Guidelines. A-Serious impact is expected, - Some impact is expected, - Extent of impact is unknown or not clear (Further examination is needed. It should be taken into consideration that impacts may become clear as study progresses. ), D- Negligible or No impact is expected. IEE/EIA is not necessary. Note 4: P) Planning Stage, ) onstruction Stage, O) Operation stage Some adverse impacts are expected for environmental items of involuntary resettlement (and/or land acquisition), air pollution, water pollution, noise and vibration etc. Therefore, the project is classified as category according to categorization of the JIA Guidelines. 8. Envisioned mitigation measures and monitoring The above mentioned adverse impacts should be fully taken into considerations to conduct further necessary baseline survey and examine the mitigation measures including avoidance and monitoring as much as possible as shown in Table 3. aseline survey will be done to make further understanding of existing environment and the effects expected to be caused by the project activities. Mitigation measures will minimize the adverse impact to an acceptable level through the planning, construction and operation phases. Monitoring is required to ensure that the specified mitigation measures are properly carried out through construction and operation stages. Table 3 Necessary baseline survey and envisioned mitigation measures and monitoring Environment item, Rating Further necessary baseline study Envisioned mitigation measures and monitoring P) 1) Identify the occurrence and P,, O) 1) From early stage of the plan, provide feature of involuntary resettlement and adequate information to PAPs and consult with expected PAPs through the detailed stakeholders including PAPs to make agreement Social Environment 1 Involuntary Resettlement survey on ROW based on cadastral map. 2) Make clear the procedure and condition of land acquisition to Department of Lands, Ministry of Lands. 4) Make clear compensation or thorough understanding of the issues as much as possible. 2) Project proponent (KURA) will formulate RAP (Resettlement Action Plan) according to both Kenyan Laws, and JIA Guidelines and RAP for other road project, e.g., procedure for existing activities and RAP for the Missing Link No.3, 6 and 7. 3) To structures on ROW by consulting with facilitate implementation of RAP and monitor ity ouncil of Nairobi and other result of compensation, restoring living 12

13 concerned organizations. conditions and livelihood after implementation. Local economy Survey on present employment 1) Promote cooperation with other city 2 such as employment and D condition and sources of income/livelihood in the Project area. development projects, 2) Give local residents preference to have a chance to construction livelihood etc. work. 3 Land use and utilization of local Survey on existing land & resources use and regulation. 1) Promote an adequate land and water resource development plan. resources Social institutions Survey on community structures, Information disclosure and public participation such as social procedure of decision-making and should be fully considered for all the 4 infrastructure and local opinion leaders in the Project area. stakeholders from early stage of planning for obtaining thorough understanding and consensus decision-making of the people and communities. institutions Existing social Survey on present situation and urgent Promote cooperation with development plan of 5 infrastructures D needs of social infrastructures and other social infrastructure and services. and services services in the Project area. 1) Survey on living conditions and If the poor and indigenous of ethnic people are water supply needs of vulnerable expected to become PAPs, their rights in relation The poor, social groups such as the poor, women to land and resources must be respected and 6 indigenous of and children and indigenous ethnic efforts should be made to obtain the consent of ethnic people people like Maasai in the Project area. them with fully considerations to compensate properly or support to restore the present living condition. Survey on past experiences and causes onsultation with stakeholders including PAPs Misdistribution of which may give rise to the and community organization, should be planned 7 benefit and misdistribution of benefit and damage from early stage to obtain understanding and damage in the communities. consent among the stakeholders in order to share equal benefit and damage. 13

14 Survey on the causes and solutions of onsultation with stakeholders including PAPs 8 Local conflict of interests local conflicts of interests in the Project area. and community organization, should be planned from early stage to obtain understanding and consent among the stakeholders in order to avoid or minimize local conflict of interests. 9 ultural property and heritage Inventory survey on cultural, historical and religious property in the Project area. 1) Avoid the alignment very close to churches in the plan, 2)Promote campaign for protection of cultural property and heritage. Water usage or Survey on water rights, fishing rights Promote participation of those who have the 10 Water rights and Rights of and rights of common in the Project area. rights and making consent in the course of the stakeholder meeting. ommon 11 Public health and Sanitation Survey on public health including prevalence and cause of diseases, and sanitary condition in the Project area. 12 Infectious diseases such as HIV/AIDS Survey on existing cases and cause of HIV/AIDS in the Project area. 1) Monitoring cases of HIV/AIDS before and after the construction phase, 2) Enlightenment and campaign of prevention and cure of HIV/AIDS. 13 Hazards (cyclone, drought, etc.) and risk Suitable planning and management of road construction work and traffic management operation of to prevent and minimize the hazard and disasters. ollect and analyze accidents data due Suitable planning and management for road 14 Accidents to construction work. construction work and for road traffic operation to prevent and minimize the accidents. 1) Survey on the area of unstable 1) Avoid the area of unstable ground conditions, 15 Topography and Geology ground conditions, 2) Detailed survey on ground conditions (stability, 2) Measures for prevention of landslide at the construction site strength, etc.) of sites. Survey on the area of susceptible to 1) Avoid the site of susceptible to soil erosion, 2) Natural Environment 16 Soil erosion 17 Groundwater soil erosion Detailed survey on groundwater (capacity, quality, aquifer materials Measures for prevention of soil erosion at construction site. Measures to prevent penetration of polluted water to underground. etc.) Hydrological Detailed survey on hydrological Monitoring water flow and quality of Ugong 18 situation/drainage features of rivers in the area (flow rate, river. pattern water level, water quality etc.). 14

15 19 oastal zone D Detailed survey on protected and/or 1) Formulate environmental management plan 20 Fauna, Flora and iodiversity precious plant and animal species in the Project area. for conservation of natural environment in accordance with eautiful and lean Nairobi Plan of the ity. Survey on important landscape in the 1) Regulation to preserve important landscape, 21 Landscape Project area. 2) Measure for greening water supply facilities to harmonize surrounding landscape. 22 Meteorology D 23 Global Warming D 24 Air pollution 1) Inventory survey on major air pollution sources, 2) ollect data of complaint about air pollution () ontrol of emission of air pollutants (dust, NOx etc.) from construction machines and vehicles due to construction work. (O) Proper management for control of vehicle exhaust emission and establish inspection system of exhaust gas emission 1) Inventory survey on major water 1) Proper treatment of water pollutants generated 25 Water pollution pollution sources, 2) Survey on water quality of rivers and streams in both from construction work to comply with water quality regulation, 2) Water quality monitoring dry and rainy season. of rivers. Survey on present situation of soil 1) Prevent to accumulate of toxic materials in Environmental Pollution Soil 26 contamination 27 ottom sediment D contamination in the Project area. Survey on present situation of bottom sediment pollution in the Project area. soil during construction and operation phase. 2) Monitoring of soil contamination around the sites of earth moving and construction work sites. 1) Monitoring of bottom sediment pollution in rivers. 1) Survey on present situation and 1) areful planning and management for institutional structures of waste construction work to minimize waste generation. management system in the Project 2) Proper treatment and disposal of wastes 28 Waste area, 2) Establish proper management generating from construction work. system of waste during construction stage, 3) Estimation of sludge generation from water treatment plant. 1) Inventory survey on source of noise 1) Use low-noise and vibration equipment. 2) 29 Noise and Vibration and vibration, 2) ollect data of complaint about noise and vibration. Examine construction schedule and avoid working in night time. 3) Installation of soundproof walls and buffer zones. 15

16 30 Ground Subsidence Survey on complaint on ground subsidence in the Project area Monitoring the occurrence of ground subsidence. Survey on complaint on offensive odor Proper management for control of vehicle 30 Offensive odor in the Project area. exhaust emission and establish inspection system of exhaust gas emission Note:1, 2, 3 and 4 are same as those of Table onsultation 9-1 Stakeholder meeting on IEE and involuntary resettlement issue The meeting was held in the course of Preliminary Study. Participants were peoples of Implementing Agency (KURA), ouncil of ity Nairobi, Ministry of Lands and environment expert. 9-2 Items of discussions (1) Identification of major impacts due to the cooperation project and mitigation measures Some adverse impacts are expected for environmental items of involuntary resettlement (and/or land acquisition), air pollution, water pollution, noise and vibration etc. Among them involuntary resettlement is a matter of main concern. Thus further efforts should be conducted to confirm ROW to be surely secured and encroachments into ROW for identifying PAPs, and prepare Resettlement Action Plan by KURA. (2) EIA Approval by NEMA It is necessary to follow the progress in EIA approval for the project by MOR at first. Then it is also necessary to confirm if additional EIA and/or environmental and social considerations for the cooperation project are required or not. 10. Social Acceptability in case of involuntary Resettlement and Land Acquisition There are found gaps between Kenyan laws and donor s policy including the JIA Guidelines about land acquisition and involuntary resettlement. For example, cash compensation is based upon market value and illegal encroachers are not entitled to compensation in Kenyan law, while compensation is based on replacement cost and Project Affected Persons (PAPs) are entitled to some forms of compensation whatever the legal/illegal recognition of the occupancy in donor s policy. 11. Important Notice on asic Design Research efore deciding the dispatch of the asic Design Team, it is necessary to confirm the progress in the following matters to the Kenyan sides as mentioned in 9-2. (1) EIA Approval by NEMA - EIA approval for the project by MOR - Additional EIA and/or environmental and social considerations for the cooperation project are required or not. 16

17 (2) Identification of PAPs and preparation of RAP - To confirm ROW to be surely secured and encroachments into ROW for identifying PAPs, and prepare Resettlement Action Plan by KURA. 13. Other relevant Information 13.1 References - Environmental Management and o-ordination Act, 1999 (EMA) - Environmental (Impact Assessment and Audit) regulations, 2003 (EIAAR) - Ministry of Roads: Environmental and Social Impact Assessment Study on the proposed Upgrading of All Saints athedral Junction - ity Mortuary - Dagoreti orner - Ngong Town (61/60) Roads - Karen - omas Roads (by APE onsortium/as Ltd., August 2009). - JIA (2006.3): The Study on Master Plan for Urban Transport in the Nairobi Metropolitan Area in the Republic of Kenya, by Katahira & Engineers International and RES International Inc. - Office of the Deputy Prime Minister and Ministry of Local Government: The Environmental Impact Assessment (EIA) Study A Final Report for the Missing Links Roads NOs. 3, 6 and 7 in the ity f Nairobi (by AMI Development Services, Limited, July ity ouncil of Nairobi and Permanent Secretary, Office of the Deputy Prime Minister and Ministry of Local Government: The Study on Socio-economic Impacts and Resettlement Action Plan for the Missing Links Numbers 3,6 &7 Intermediate Report (August 2009). Map 1 Location map of the project area 17

18 Map 2 Detailed Map of Ugong Road section - End - 18