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ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT PROJECT REPORT FOR THE PROPOSED OFFSHORE SEA SAND HARVESTING FROM OFF LIKONI TO NORTH OF TIWI IN SOUTH COAST OF THE INDIAN OCEAN FOR CONSTRUCTION OF THE PORT REITZ CARGO TERMINAL OF THE MOMBASA – NAIROBI STANDARD GAUGE RAILWAY PROJECT PROPONENT/CONTRACTOR ENVIRONMENTAL CONSULTANT P. O. BOX 18251-00500 NAIROBI Plot 330/265, Hatheru Road-Lavington Tel: 020-3877955/3870956 Fax: 020-3870334 Email: [email protected] Websitehttp://www.crbc.com AWEMAC AFRICA WASTE AND ENVIRONMENT MANAGEMENT CENTRE TOP PLAZA 4th FLOOR, OFFICE SUITE NO. 8 KINDARUMA ROAD, OFF NGONG ROAD, KILIMANI P.O. Box 14365-00100, GPO,-NAIROBI. Tel: 020-2012408/0704333166 Email: [email protected] MARCH 2015 CRBC (K)/S1/SH1/R41 Environmental Impact Assessment Project Report ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT PROJECT REPORT FOR THE PROPOSED OFFSHORE SEA SAND HARVESTING FROM OFF LIKONI TO NORTH OF TIWI IN SOUTH COAST OF THE INDIAN OCEAN FOR CONSTRUCTION OF THE PORT REITZ CARGO TERMINAL OF THE MOMBASA – NAIROBI STANDARD GAUGE RAILWAY PROJECT SUBMISSION OF DOCUMENTATION ENVIRONMENTAL CONSULTANT I, Prof. Jacob K. Kibwage on behalf of Africa Waste and Environment Management Centre (AWEMAC) submit the following Environmental and Social Impact Assessment project report for the proposed Offshore Sea Sand Harvesting from Likoni through Waa Tiwi in South Coast of the Indian Ocean for Construction of the Port Reitz Cargo Terminal of the Mombasa – Nairobi Standard Gauge Railway Project. To my knowledge, all information contained in this report is an accurate and truthful presentation of all findings as relating to the proposed project as per the project description provided by the proponent. Signed in NAIROBI on this........... day of March 2015 Signature:…..………………………………………………….. Designation: Lead Environmental Consultant. NEMA Firm Reg. No. 0527 PROJECT PROPONENT I, ….........................…...................................on behalf of China Road and Bridge Corporation (Kenya), submit this Environmental and Social Impact Assessment Project report for the proposed Offshore Sea Sand Harvesting from Likoni through Waa to Tiwi in South Coast of the Indian Ocean for Construction of the Port Reitz Cargo Terminal of the Mombasa – Nairobi Standard Gauge Railway Project. To my knowledge, all information contained in this report is an accurate and truthful presentation of all project description as provided by us and findings as relating to the proposed project. Signed in NAIROBI on this........... day of…………………….2015 Signature: ........................................... Designation: ………………………………………………………………………………. ii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report ACRONYMS AWEMAC SH EIA EMCA EMP KM2 KWS NEC NEAP NEMA NGOs NPEP PAPs PPE SGR TOR GOK WRMA TANATHI CPP OSHA MPA NMK Africa Waste and Environment Management Centre Sand Harvesting Environmental Impact Assessment Environmental Management Coordination Act Environmental Management Plan Kilometres square Kenya Wildlife Services National Environment Council National Environment Action Plan National Environment Management Authority Non Governmental Organizations National Poverty Eradication Plan Project affected persons Personal Protective Equipment Standard Gauge Railway Terms of Reference Government of Kenya Water Resource Management Authority Tana Athi Consultation and Public Participation Occupational Safety and Health Act Marine Protected Area National Museums of Kenya NWCPC National Water Conservation & Pipeline Corporation OSRAT Oil Spill Response Action Team SEC South Equatorial Current SLP Sea Level Pressure SH Stakeholders TDS Total Dissolved Solids TSS Total Suspended Solids TOR Terms of Reference TGS Total Ground Slot UNEP United Nations Environment Programme WWF World Wildlife Fund MARPOL International Convention for Prevention of Marine Pollution iii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report LIST OF PLANNING AND PARTICIPATING EXPERTS NAME QUALIFICATIONS Prof Jacob K. Kibwage (Lead Expert, Reg. No. 0126) Dr Johnson U. Kitheka (Lead Expert, Reg. No. 2434) PhD in Environmental Studies Dr. Lewis Sitoki (Lead Expert, Reg. No. 6446) PhD in Natural Sciences (Hydrobiology) Dr. Bernard Kaaria (Lead Expert, Reg. No. 0079 ) MSc in Environmental Impact Assessment & PhD Arts in Hotel Management and Tourism Mr. Dominic M. Munyao (Lead Expert Reg. No. 2203) Davis W. Kilonzo (Associate Expert, Reg. No. 2140) B. Sc. Environmental Science Ms. Abida K. Buoro Associate Expert (Associate Expert, Reg. No. 2967) Mr. Clifford Mouti Siocha (Associate Expert, Reg. No. 8173) Ms. Mary Ngatia (Associate Expert, Reg. No. 6779) Mr. John Aywa (Associate Expert, Reg. No. 2414) Mr. George Bagwasi (Associate Expert, Reg. No. 6016) B. Sc. Biology NAME Ms. Grace Moraa Ms. Rachael Maithya Mr. Amos Musyoki PhD in Hydrology and Water Resources B. Sc. Environmental Studies Planning and Management B. Sc. Environmental Science B. Sc. Environmental Science B Sc. Environmental Science with IT B Sc. Environmental Science with IT SUPPORTING STAFF QUALIFICATION EIA Certificate & MA Project Planning and Management Bachelor of Environmental Conservation and Resource Management Bachelor of Environmental Studies iv AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report TABLE OF CONTENTS ACRONYMS.................................................................................................................................................iii LIST OF PLANNING AND PARTICIPATING EXPERTS ...................................................................... iv TABLE OF CONTENTS.............................................................................................................................. v LIST OF PICTURES ................................................................................................................................... ix LIST OF FIGURES ..................................................................................................................................... ix LIST OF TABLES ....................................................................................................................................... ix EXECUTIVE SUMMARY............................................................................................................................ x Introduction........................................................................................................................................... x 1. INTRODUCTION ............................................................................................................................... 1 1.1 Background and Rationale for an Environmental Impact Assessment ........................ 1 1.2 Scope, Objective and Criteria of the Environmental Impact Assessment (EIA) ......... 3 1.3 Terms of Reference (TOR) for the EIA Process .................................................................. 3 1.4 Data Collection Procedures .................................................................................................... 4 1.5 EIA Organization and Structure ............................................................................................ 5 1.6 Reporting and Documentation .............................................................................................. 5 1.7 Responsibilities and Undertaking ......................................................................................... 5 1.8 Methodology Outline ............................................................................................................... 5 1.9 Environmental Screening ....................................................................................................... 6 1.10 Environmental Scoping ....................................................................................................... 6 1.11 Desktop Study........................................................................................................................ 6 1.12 Site Assessment..................................................................................................................... 7 1.12.1 EIA Public Participation ......................................................................................................... 7 1.12.2 Reporting ............................................................................................................................... 7 2. PROJECT DESCRIPTION.................................................................................................................. 8 2.1. Introduction ............................................................................................................................... 8 2.2. Sand Harvesting Activities and Equipment to be Used .................................................... 8 2.3. Haulage of sand after harvesting......................................................................................... 10 2.4. Adherence to National Sand Harvesting Guidelines: ...................................................... 10 2.5.1 Seabed sand harvesting ...................................................................................................... 10 2.5.2 Hours for harvesting and transportation of sand .................................................................. 11 2.5. Project Budget ......................................................................................................................... 11 3. BASELINE INFORMATION OF THE STUDY AREA ................................................................... 12 3.1 Location of proposed sea sand harvesting activity ......................................................... 12 3.2 Climatic Conditions ................................................................................................................ 13 3.3 Vegetation ................................................................................................................................ 13 3.4 Hydrography ............................................................................................................................ 14 3.5 Geology and Soils .................................................................................................................... 15 3.6 Oceanography .......................................................................................................................... 16 3.6.1 Coastal Currents .................................................................................................................. 16 3.6.2 Tides ...................................................................................................................................... 16 3.6.3 Sea Temperature and Salinity .......................................................................................... 16 3.6.4. Fluxes of chemical substances and chemical properties ........................................... 17 3.6.5 Fluxes of cohesive sediments and physical properties .............................................. 18 3.7 Coastal Ecosystems ................................................................................................................ 18 3.7.1 Geomorphology ................................................................................................................... 19 3.7.2 Biology................................................................................................................................... 19 v AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 3.7.3 Sensitivity to oil spill ............................................................ Error! Bookmark not defined. 3.8 Sandy Beaches and Dunes .................................................................................................... 19 3.8.1 Geomorphology ................................................................................................................... 19 3.8.2 Biology................................................................................................................................... 19 3.8.3 Sensitivity to oil spill ............................................................ Error! Bookmark not defined. 3.9 Corals reefs and reef flats ..................................................................................................... 20 3.9.1 Geomorphology ................................................................................................................... 20 3.9.2 Biology................................................................................................................................... 20 3.10 Marine protected areas ..................................................................................................... 20 3.10.1 Endangered species found along the Kenyan Coast include: ..... Error! Bookmark not defined. 3.10.2 Migratory and Other Coastal Birds ................................................................................. 23 3.11.1 Coastal Tourism .......................................................................................................... 26 4. RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORK ............................................. 28 4.1. Introduction ............................................................................................................................. 28 4.2. KENYA’S ENVIRONMENTAL LEGISLATION...................................................................... 28 4.3. National Environment Management Authority (NEMA) Environmental Laws ........ 28 4.3.1. The Constitution of Kenya ................................................................................................... 28 4.3.2. Environmental Management and Co-ordination Act (EMCA) ............................................... 28 4.3.3. The Environmental (Impact Assessment and Audit) Regulations, 2003 .............................. 30 4.3.4. The National Oceans and Fisheries Policy (2008) ............................................................... 30 4.3.5. The Regional Development Authorities Policy (2007) .......................................................... 31 4.3.7. The ICZM Action Plan (2010–2014) .................................................................................... 31 4.3.8. Water Quality Regulations ................................................................................................... 31 4.3.9. Waste Management Regulations ......................................................................................... 32 4.3.10. Controlled Substances Regulations, 2007 (Legal Notice No.73 of 2007) ............................ 32 4.3.11. The Environmental Management and Coordination Act (Conservation Of Biodiversity Diversity and Resources, Access To Genetic Resources And Benefit Sharing) Regulations, 2006.... 33 4.3.12. Draft Air Quality Regulations, 2008 ........................................ Error! Bookmark not defined. 4.3.13. Air Quality Regulations, 2008 .............................................................................................. 34 4.3.14. Noise and Excessive Vibration Pollution Control Regulations, 2009 ................................... 34 4.3.15. Wetlands, River Banks, Lake Shores and Sea Shore Management Regulation, 2009 ........ 35 4.3.16. Prevention of pollution in coastal Zone and other segments of the environment) regulation, 2003 35 4.3.17. The Kenya Maritime Authority Act (2006) ............................................................................ 35 4.3.18. The Fisheries (Beach Management Unit) Regulations (2006) ............................................. 36 4.3.19. The Marine Zones Act No. 6 of 1989 ................................................................................... 36 4.3.20. The Coast Development Authority Act ................................................................................. 36 4.3.21. The Fisheries Act Cap 378 .................................................................................................. 36 4.3.22. The Wildlife (Management and Conservation) Act............................................................... 37 4.3.23. The Occupational Safety and Health Act, 2007 ................................................................... 37 4.3.24. Public Health Act 1986 Revision .......................................................................................... 37 4.3.25. The Water Act, 2002 ............................................................................................................ 38 4.3.26. Government Lands Act, Cap. 280 (revised 1984) .................. Error! Bookmark not defined. 4.3.27. Trust Lands Act Cap. 288 of 1962 (revised 1970) ................. Error! Bookmark not defined. 4.3.28. Land Adjudication Act, Cap. 284 of 1968 (revised 1977) ....... Error! Bookmark not defined. 4.3.29. Physical Planning Act (Cap 286) ........................................... Error! Bookmark not defined. 4.3.30. Registered Lands Act, Cap 300 of 1963 ................................ Error! Bookmark not defined. vi AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 4.3.31. Employment Act No 11 of 2007 ........................................................................................... 39 4.3.32. Labour Institutions Act No. 12 of 2007 ................................................................................. 40 4.3.33. Traffic Act Cap 403 .............................................................................................................. 40 4.3.34. Penal Code Cap 63 ............................................................................................................. 40 4.4. International Legal Framework .......................................................................................... 40 4.4.1. United Nations Convention on the Law of the Sea (UNCLOS) ............................................ 40 4.4.2. Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972) ............................................................................................................................ 41 4.4.3. Convention on Biological Diversity, 1992 (“CBD Convention”) ............................................ 41 4.4.4. The UNEP’s Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA) is also an important global programme ................................................. 41 4.4.5. The 2002 World Summit on Sustainable Development (WSSD) and Johannesburg Plan of Implementation (JPOI) ........................................................................................................................ 42 4.4.6. The UNEPs’ Regional Seas Programme ............................................................................. 42 4.5. Regional Agreements ............................................................................................................. 42 4.5.1. The Nairobi Convention ....................................................................................................... 42 4.5.2. The African Union’s 2050 Africa’s Integrated Maritime (AIM) Strategy ................................ 43 4.5.3. Regional Economic Integration Agreements (REIAs) .......................................................... 43 4.5.4. Regional Economic Integration Agreements (REIAs) .......................................................... 43 5.0 CONSULTATIONS AND PUBLIC PARTICIPATION ........................................................... 46 5.1 Introduction ............................................................................................................................. 46 5.2 Objectives of the Consultation and Public Participation................................................ 46 5.3 Methodology used in the CPP .............................................................................................. 46 5.4 Background .............................................................................................................................. 48 5.5 Issues Raised............................................................................................................................ 49 5.5.1 Positive Issues ..................................................................................................................... 49 5.5.2 Negative Issues ................................................................................................................... 50 5.5.3 Recommendations and way forward .................................................................................... 50 6.0 IDENTIFICATION OF THE PROPOSED IMPACTS ................................................................. 51 6.1 Introduction .................................................................................................................................. 51 6.2.1 Negative Project impacts during Operation phase ..................................................... 51 6.3 Positive Project impacts during Operation phase ........................................................... 60 6.3.1 Creation of employment opportunities ................................................................................. 60 6.4 Decommissioning phase impacts ........................................................................................ 62 6.4.1 Negative Environmental Impacts ......................................................................................... 62 6.4.2 Positive Environmental Impacts of Decommissioning Phase............................................... 63 7. MITIGATION MEASURES AND MONITORING PROGRAMMES ................................................. 64 7.1 Introduction .................................................................................................................................. 64 7.2 Mitigation Measures during the Project Cycle ................................................................. 64 7.2.1 Disruption of fishing activities............................................................................................... 64 7.2.2 Disposal of waste soil and mud ........................................................................................... 64 7.2.3 Suspended sediment effects on sessile and slow-moving invertebrates ............................. 65 7.2.4 Suspended sediment effects on fish .................................................................................... 65 7.2.5 Suspended sediment effects on ichthyoplanktic stages ....................................................... 66 7.2.6 Suspended sediment effects on phytoplankton productivity and other aquatic plants ........ 66 7.2.7 Oil spill effects on mangroves and seabirds due to coating ................................................. 66 7.2.8 Oil spill affects on marine life and habitats ........................................................................... 67 7.2.9 Modification of sea bed sediment load ................................................................................. 67 vii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 7.2.10 Loss of bottom habitat, marine life, fisheries and fishery food sources resources ............... 67 7.2.11 Accidents and Occupational risks ........................................................................................ 69 7.2.12 Increased vessel traffic and traffic management .................................................................. 69 7.2.13 Risks of Accidents and Injuries to Workers .......................................................................... 69 7.2.14 Solid waste generation ........................................................................................................ 70 7.2.15 Exhaust emission................................................................................................................. 70 7.2.16 Increased energy use .......................................................................................................... 70 7.2.17 Loss of livelihood and economic ruin ................................................................................... 70 7.2.18 Water Quality ....................................................................................................................... 71 8. ANALYSIS OF PROJECT ALTERNATIVES .................................................................................. 76 8.1 No Project Option ................................................................................................................... 76 8.2 The Proposed Development Option ................................................................................... 76 8.3 Relocation Option ................................................................................................................... 77 9. ENVIRONMENTAL MANAGEMENT/MONITORING PLAN .................................................... 80 9.1 Introduction ............................................................................................................................. 80 9.2 Environmental Monitoring Plan .......................................................................................... 86 9.2 Monitoring Requirements .................................................................................................... 87 9.3 Monitoring Responsibilities ................................................................................................. 87 10. CONCLUSION AND RECCOMMENDATION ............................................................................ 88 viii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report LIST OF PICTURES Plate 1: Lead Consultant and representatives of key government organizations on site visit to proposed sea sand harvesting site ....................................................................................................................................... 7 Plate 2: Image showing vegetation inland along Tiwi area .......................................................................... 14 Plate 3: Lead Consultant addressing Attendants of the Public Meeting held at the Kaskazi Beach Hotel, Diani, Kwale County .................................................................................................................................... 47 Plate4: Attendants at meeting expressing their views and concerns ........................................................... 48 Plate 5: Lead consultant giving presentation at key stakeholder consultative meeting held KMA ............... 49 LIST OF FIGURES Figure 1: Proposed sea sand harvesting site ................................................................................................ xii Figure 2: An example of trailer suction hopper used for sea sand harvesting ............................................... 9 Figure3: Location of the proposed site for sand harvesting area ................................................................. 12 Figure 4: Marine Protected Areas in Kenya. ................................................................................................ 21 Figure 5: Turtle nesting areas ...................................................................................................................... 22 Figure 6: Important Bird Areas and wader bird sites (Source: KMFRI Database) ........................................ 24 Figure 7: Distribution of hotels along the coast. (Source: KMFRI Database) ............................................... 27 Figure 8: The EMCA, 1999 Institutional Framework .................................................................................... 30 Figure 9: Image showing alternative site for sea sand harvesting outside the marine park ......................... 55 Figure10: Ecological effects of sand dredging (from Dankers, 2002). ......................................................... 57 Figure 11: Image showing previously selected site for sand harvesting ...................................................... 77 LIST OF TABLES Table 1: Proposed project area .................................................................................................................... xii Table 2: Main Technical Standards for the Railway Project ........................................................................... 2 Table 6: common fish species along Tiwi and Waa area ............................................................................. 25 Table 7: Summary of Impacts and Mitigation Measures .............................................................................. 72 Table 8: Environmental Management/Monitoring Plan ................................................................................ 81 ix AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report EXECUTIVE SUMMARY Introduction The construction of the Standard Gauge Railway Project is one of Kenya’s Vision 2030 flagship projects that will play an important role in strengthening cooperation among EAC member states and promote regional economic development. It is an important measure for improving Kenyan transportation network, and an important means to save resources and protect the environment. The project covers the proposed main line of MombasaNairobi Standard Gauge Railway from the Container Terminal and Marshalling Yard at Port Reitz to the to the Nairobi Embakasi marshalling station, as well as the Mombasa Port demurrage line. Generally, the proposed new Line is within the existing Mombasa-Nairobi transport corridor or parallel to the existing corridor. The on-going SGR project will have the main railway Container Terminal and Marshaling Yard at Port Reitz, adjoining the on-going KPA Terminal II (JICA Project). Part of this facility, will be built on dry land and another 5.4ha to be claimed from the sea at Port Reitz. NEMA has already approved the SGR project from this point to Nairobi. Below is the brief description of the proposed development activities in the Indian Ocean that will support the SGR project. This project is set at a Vision 2030 National Government priority project that must be completed by 2017. The project is being implemented by the Ministry of Transport and Infrastructure through Kenya Railways Corporation (KRC). The contractor is China Road and Bridges Corporation (CRBC), a company owed by Government of China. The proponent has consequently proposed to undertake sea sand harvesting in a strip 0.4 – 1.0 km offshore Indian Ocean from Likoni through Waa to Tiwi Area, mainly Matuga Location, Kwale County and partly in Mombasa County. This will be done in the Indian Ocean to get materials for the proposed Standard Gauge Railway Station/ terminal at Port Reitz Beach. The proposed sand-harvesting site defined by the following coordinates longitudes and latitudes: Point 1. 4°7' 8.71" S, 39°40' 17.33" E, Point 2.4°7' 21.43" S, 39°40' 42.96" E, Point3.4°14' 52.41" S, 39°36' 27.63" E, Point 4. 4°14' 52.75" S, 39°36' 58.04" E The proposed sand-harvesting site is located offshore South Coast from Likoni through Waa to Tiwi in the South Coast of the Ocean (Figure 1) and has an estimated depth of between19 – 50 meters. The vessels to be used in the above activity are 1 suction barge (SI HANG CAI SHA 1) and two new belt-conveyer barges, which are arriving in the country in June 2015. The proposed area is from off Likoni through Waa to north of Tiwi as per the Coordinates and Map attached (figure 1). The sand will be sucked from deep sea by 2 sand x AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report pumps, which are equipped in the suction dredger and be shifted to either the hopper of suction barge or belt-conveyer barges through the 600mm diameter steel sand pipe. After fully loaded, the sand will be transported from the sand harvesting area through the KPA area to the construction site at Port Reitz to be offloaded for reclamation work of Railway Container Terminal and Marshaling Yard. The sand harvesting activity is expected to take place about 6 months starting March 2015. An estimated total of 800,000M 3 of sand is required for the construction of the Port Reitz Railway Container Terminal and Marshaling Yard. Tiwi and Waa are small settlements and beach resort areas on the Indian Ocean coast of Kenya. They are located 17km and 13km respectively south of Mombasa, in Matuga constituency, Kwale County. Matuga Constituency is an electoral constituency in Kenya. It is one of three constituencies in Kwale County. Kwale County is situated in the coastal part of Kenya, occupying an area of 8,960 km2with an estimated population of 649,931 persons, 122,047 Households (KNBS Census 2009). The Population density is 79 persons per square kilometre. Unfortunately 74.9% of the population lives below the poverty line. Kwale County borders Taita Taveta County to the West, Kilifi County to the North West, Mombasa County and the Indian Ocean to the East and Republic of Tanzania to the South. Kwale County comprises Kwale (Matuga and Kubo), Msambweni (Msambweni, Diani and Lungalunga) and Kinango (Kinango, Samburu, Kasemeni and Ndavaya) sub-counties. This area is characterized by shallow water near shore, with some underwater sandbars near the surface, which allow wading with a clear view of the sandy bottom. Inland from the beach, there is extensive vegetation including numerous palm trees, which cover the coastal areas, unlike the dry acacia trees of the mountainous Kenyan Highlands. The general area is known for its coral reefs, black-and-white colobus monkeys, and for the closely located Shimba Hills National Reserve, a wildlife reserve which looks out over the Indian Ocean. xi AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Figure 1: Proposed sea sand harvesting site Table 1: Proposed project area No 1 2 3 4 No 1 2 5 6 Latitude 4°11' 50.61" S 4°11' 55.74" S 4°14' 52.41" S 4°14' 52.75" S Latitude 4°11' 50.61" S 4°11' 55.74" S 4°7' 21.43" S 4°7' 8.71" S Longitude 39°37' 23.83" E 39°37' 48.16" E 39°36' 27.63" E 39°36' 58.04" E Longitude 39°37' 23.83" E 39°37' 48.16" E 39°40' 42.96" E 39°40' 17.33" E Sand harvesting refers to the actual process of removal of sand from a place of occurrence. The increase in demand for sand for construction purposes has placed immense pressure on the environment where these resources occur. Miners employ different methods of extraction along beaches and ocean beds. Using the Environmental Impact Assessment Guidelines and NEMA National Sand Harvesting guidelines, a host of environmental aspects were identified along the Indian Ocean along Tiwi and Waa areas. xii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report For thousands of years, sand has been used in the construction of roads and buildings. Today, demand for sand continues to increase. Mining operators, in conjunction with relevant resource agencies, must work to ensure that sand harvesting is conducted in a responsible manner. The Kenya government policy on all new projects requires that an Environmental Impact Assessment (EIA) be carried out at the project-planning phase in order to ensure that significant impacts on the environment are considered as a component of the preliminary stage of the Project Cycle. This report presents in broad terms the key environmental and social issues that are anticipated to arise from the proposed sand harvesting and waste soil dumping project. Environmental Impact Assessment is a tool for environmental Planning and has been identified as a key component in new project implementation. The EIA conducted conformed to the requirements of the National Environment Management Authority (NEMA) as stated in The Environmental Management and Coordination Act (EMCA) 1999 and stipulated in the Environmental (Impact Assessment and Audit) Regulations 2003 Legal Notice No. 101. Scope Objective and Criteria of the Environmental Impact Assessment (EIA) AWEMAC, a NEMA registered and licensed Firm of Experts in Environmental Impact Assessment and Auditing was appointed as a Consultant to conduct the Environmental Impact Assessment of the Proposed sea sand harvesting activities in the Indian Ocean for construction of the Port Reitz cargo terminal for the Mombasa – Nairobi Standard Gauge Railway Project, Jacob Kibwage the Lead Expert, other Associate experts and professional experts carried out the EIA exercise. The identified site where sand harvesting will be conducted lays in a strip 0.4 – 1.0 km offshore in the Indian Ocean between Tiwi and Waa Area, Kwale County. The depth of the ocean along this strip ranges between 19 – 50 meters deep. The project will enhance the existing use of the Indian Ocean and complement the other uses in the area creating extra income for the country by improving transport infrastructure. Therefore, a look at the appropriateness of the project in connection with the availability of sand reveals that the project is viable. The output of this work was an Environmental Impact Assessment project report for the purposes of applying for an EIA license for the proposed Sand Harvesting activity in the Indian Ocean. Objective The Environmental Impact Assessment (EIA) Project Report is to achieve the following objectives: xiii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 1. Describe the nature of ocean currents, waves, and geophysical fluid dynamics before, during and after the proposed activities. 2. Describe the nature of the plate tectonics and the geology of the sea floor. 3. Provide information on the fluxes of various chemical substances and physical properties within the proposed site. 4. To identify and assess potential environmental and social impacts of the proposed project 5. To identify all potential significant adverse environmental and social impacts of the proposed project and recommend measures for mitigation measures 6. To verify compliance with the environmental regulation and the National Sand Harvesting guidelines 7. To generate baseline data for monitoring and evaluation of how well the mitigation measures will be implemented during sand harvesting activity and dumping cycle 8. To recommend cost effective measures to be implemented to mitigate against the expected impacts. 9. To prepare an EIA report compliant to the Environmental Management and Coordination Act (1999) and detailing findings and recommendations. 10. To provide guidelines to stakeholders participating in the mitigation of adverse environmental impacts of the project The consultant on behalf of the proponent conducted the EIA exercise by incorporating but not limited to the following Terms of Reference (TOR): i. The proposed location of the project ii. A concise description of the national environmental legislative and regulatory framework, baseline information, and any other relevant information related to the project. iii. The objectives of the project. iv. The technology, procedures and processes to be used, in the implementation of the project. v. A description of the potentially affected environment. vi. The environmental effects of the project including the social and cultural effects and the direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated. vii. Analysis of alternatives including project site and technologies. viii. An environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment, including the cost, timeframe and responsibility to implement the measures. ix. Such other matters as the Authority may require. xiv AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Methodology outline The identified site where sand harvesting will be conducted lies in a strip 0.4 – 1.0 km offshore in the Indian Ocean along Tiwi to Waa Area, Matuga Location, Kwale County. The depth of the ocean along this strip ranges between 19 – 50 meters deep. Therefore a look at the appropriateness of the project in connection with the availability of sand reveals that the project is viable. An environmental project report would be seen to be adequate. The general steps followed during the assessment were as follows: Environment screening, in which the project was identified as among those requiring environmental impact assessment under schedule 2 of EMCA, 1999 Environmental scoping that provided the key environmental issues Desktop studies and interviews Physical inspection of the site and surrounding areas EIA Public participation by the use of questionnaires Reporting. Environmental screening This step was applied to determine whether an environmental impact assessment was required and what level of assessment was necessary. This was done in reference to requirements of the EMCA, 1999, and specifically the second schedule. Issues considered included the physical location, sensitive issues, and nature of anticipated impacts. Environmental scoping The scoping process helped narrow down onto the most critical issues requiring attention during the assessment. Environmental issues were categorized into physical, natural/ecological and social, economic and cultural aspects. Desktop study The consultant reviewed the necessary documents relating to the project have an understanding and background information regarding the sand harvesting and dumping project. In line with the review the relevant policies, regulations and relevant legal documents were analyzed. Site assessment and public participation The consultant carried out field visits on 21stJanuary, 2015. The consultant also carried out public consultations in order to disseminate and inform the stakeholders about the project with Special reference to its key components and location, gather comments, suggestions xv AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report and concerns of the interested parties. This process enabled the establishment of a communication channel between the general public, the team of consultants, project proponents, the Government Lead agencies and other key stakeholders and ensured the concerns of the stakeholders were known to the decision-making bodies at an early phase of project. Reporting In addition to constant briefing of the client, this Environmental Impact Assessment project report was prepared and the report was submitted to NEMA as required by law. Project Impacts Below is a summary of potential impacts that may arise from project activities: Positive Impacts i. ii. iii. iv. v. vi. Provision of raw material for the construction of the Mombasa to Nairobi Standard Gauge, Port Reitz Cargo Terminal. Job Opportunities for both skilled and unskilled Labourers Expansion of national and regional economies Improvement of railway infrastructure Expansion of the port Rapid movement of cargo and passengers Negative Impacts i. ii. iii. iv. v. vi. vii. There will be loss of bottom habitat, marine life, fisheries and fishery food sources Possible interference with normal Port operations such as ships docking and ferries plying passengers along the Likoni Channel Turbidity of water column as a result of release of sediments during sand harvesting and offshore dumping. This would obstruct visibility thereby temporarily impairing activities of fishers There will be temporary and intermittent disturbance of hotel operations that use the area as tourist attraction site for fishing and diving activities Risks of Accidents and Injuries to Workers and marine vessel collisions Physical disturbance and destruction of benthic habitat Modification to diversity and assemblage structure in benthic communities (including demersal fish) xvi AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report viii. ix. x. xi. xii. xiii. Alteration of biogeochemical processes in the water column and on the seafloor Downstream sediment plumes potentially affecting water column organisms and productivity and seabed fauna Surface noise and light affecting marine life and seabirds Any semi-permanent structures may act as artificial reefs Modification of the natural wave and current regime through removal or addition of substrate Modification of the coastal sand budget and shore mobility Risks associated with increased infrastructure, e.g. oil spills or processing vessels Conclusion It is quite evident from this study that the proposed sand harvesting in the Indian Ocean along Tiwi to Waa area in Kwale County will bring positive and negative effects in the project areas. The inhabitants of surrounding area are composed of fishers, farmers, private residents and hoteliers. The public participation undertaken sufficiently established the fact that the Standard Gauge Railway project was a welcome project as it would bring immense benefits not only to local communities but the entire country however; several concerns were raised as well. The contractor is committed to conducting of excavation of sand in an area where sand deposits are ample and most importantly where the environmental impacts will be at a minimal. The sand harvesting will be done by use of mechanical dredging machines mounted on a ship; the dredger will extract the sand from the Indian Ocean at a depth of 19- 50m and pile it onto other waiting ships that will be used to transport it to the Port Reitz terminal reclamation site. The sand will then be used to reclaim part of the ocean for the construction of the Standard Gauge Railway Terminal at Port Reitz. Mechanized scooping of sand should be done under very special controlled circumstances. There is a general agreement not to over harvest sand and also to avoid destruction of marine habitats, the contractor will therefore strictly follow the set standards and adhere to the National Sand Harvesting Guidelines. The EIA report has captured the potential impacts of the sand harvesting and dumping activities and spelt out possible mitigation measures. The EMP developed during the EIA of the project should be operationalized strictly. The EIA is an opportunity to benchmark and set standards for further improvements. The sand harvesting operations will be run professionally and with due regard to the environment. An environmental licence should therefore be granted with the assurance of good practice. xvii AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 1. INTRODUCTION 1.1 Background and Rationale for an Environmental Impact Assessment The construction of the Standard Gauge Railway Project is one of Kenya’s Vision 2030 flagship projects that will play an important role in strengthening cooperation among EAC member states and promote regional economic development. It is an important measure for improving Kenyan transportation network, and an important means to save resources and protect the environment. The on-going SGR project will have the main railway Container Terminal and Marshaling Yard at Port Reitz, adjoining the on-going KPA Terminal II (JICA Project). Part of this facility, will be built on dry land and another 5.4ha to be claimed from the sea at Port Reitz. NEMA has already approved the SGR project from this point to Nairobi. Below is the brief description of the proposed development activity in the Indian Ocean that will support the SGR project. This project is set at a Vision 2030 National Government priority project that must be completed by 2017. The project is being implemented by the Ministry of Transport and Infrastructure through Kenya Railways Corporation (KRC). The contractor is China Road and Bridges Corporation (CRBC), a company owned by Government of China. The proponent has consequently proposed to undertake sea sand harvesting in a strip 0.4 – 1.0 km offshore Indian Ocean from Likono through Waa to Tiwi Area, mainly in Matuga Location, Kwale County and partly in Mombasa County. This will be done in the Indian Ocean to get materials for the proposed Standard Gauge Railway Station/ terminal at Port Reitz Beach. The proposed sand-harvesting site defined by the following coordinates longitudes and latitudes Point 1. 4°7' 8.71" S, 39°40' 17.33" E, Point 2.4°7' 21.43" S, 39°40' 42.96" E, Point 3.4°14' 52.41" S, 39°36' 27.63" E, Point 4. 4°14' 52.75" S, 39°36' 58.04" E The site is located offshore South East of Tiwi and Waa in the Indian Ocean (Figure 1). The proposed sand harvesting site lies at a general elevation of zero (0) m above sea level and has an estimated depth of between19 – 50 meters. The vessels to be used in the above activity are 1 suction barge (SI HANG CAI SHA 1) and two new belt-conveyer barges, which are arriving in the country in June 2015. The proposed area is from off Likoni through Waa to north of Tiwi as per the Coordinates and Map attached (figure 1). The sand will be sucked from deep sea by 2 sand pumps which are equipped in the suction dredger and be shifted to either the hopper of suction barge or 1 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report belt-conveyer barges through the 600mm diameter steel sand pipe. After fully loaded, the sand will be transported from the sand harvesting area through the KPA area to the construction site at Port Reitz to be offloaded for reclamation work of Railway Container Terminal and Marshaling Yard. The sand harvesting activity is expected to take place about 6 months starting March 2015. An estimated total of 800,000M3 of sand is required for the construction of the Port Reitz Railway Container Terminal and Marshaling Yard. The main technical standards for proposed railway are as summarized in table 1below. S/N 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Table 2: Main Technical Standards for the Railway Project Items Standards Chinese Railway Design Standard Design standard (CRDS) Gauge 1435mm(standard gauge) Number of main lines Single track railway Limiting gradient 12‰ (15‰ in difficult section) Minimum radius of curve 1200m(800m in difficult sections) Axle weight 25t Load specification Double stacked container Freight vehicle DF8B Maximum speed of freight vehicle 80kM/h Maximum speed of passenger car 120kM/h Passenger car DF4D Type of traction Diesel traction Tractive tonnage 4000t Effective length of arrival-departure 880m track Sand is an important mineral for our society in protecting the environment, buffer against strong tidal waves and storm, habitat for crustacean species and marine organisms, used for making concrete, filling roads, building sites, brick making, making glass, sandpaper, reclamation, and in our tourism industry in beach attractions. The practice of sand and soil mining is becoming an environmental issue as the demand for sand increases in industry and construction. Mining and its associated activities can be responsible for considerable environmental damage. Sand harvesting refers to the actual process of removal of sand from a place of occurrence. The increase in demand for sand and gravel for construction purposes has placed immense pressure on the environment where these resources occur. With the adoption of vision 2030, Kenya’s development blue print, the country is set to experience renewed growth in all its sectors. More so in the construction sector in which most of the sand harvested finds 2 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report its way to. Needless to say, this will have to take place in a manner that takes due regard to sound environmental management if sustainable development is to be realized. For thousands of years, sand has been used in the construction of roads and buildings. Today, demand for sand continues to increase with new uses coming up which include construction of ports and reclamation of land from the sea. Mining operators, in conjunction with relevant resource agencies, must work together to ensure that sand mining is conducted in a responsible manner. As environmental concerns now need to be part of the planning and development process and not an afterthought, it is therefore advisable to avoid resource use conflicts with the surrounding area. To avoid unnecessary conflicts that retard development in the country, the proponent undertook this EIA project report and incorporated environmental concerns as advised by the Authority. Finally, a comprehensive Environmental Management is mandatory for a project of this magnitude and nature. 1.2 Scope, Objective and Criteria of the Environmental Impact Assessment (EIA) The Kenya Government policy on all new projects, programmes or activities requires that an environmental impact assessment be carried out at the planning stages of the proposed undertaking to ensure that significant impacts on the environment are taken into consideration during the planning, site preparation, operation and decommissioning of the sand harvesting project. The scope of this Environmental Impact Assessment, therefore, covered: The baseline environmental conditions of the area, Description of the proposed project as provided by the proponent, Provisions of the relevant environmental laws, Identification and discussion of any adverse impacts to the environment anticipated from the proposed project, Appropriate mitigation measures, Provision of an environmental management plan outline. 1.3 Terms of Reference (TOR) for the EIA Process AWEMAC, a NEMA registered and licensed Firm of Experts in Environmental Impact Assessment and Auditing were appointed as the Consulting firm to conduct the Environmental Impact Assessment of the proposed sea sand harvesting activities in Indian Ocean for the Mombasa – Nairobi Standard Gauge Railway Port Reitz terminal. The output of this work was an Environmental Impact Assessment project report for the purposes of applying for an EIA license. 3 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report The Environmental Impact Assessment exercise included the necessary specialist studies to determine the environmental impacts relating to the biophysical and socio-economic aspects and to determine the issues or concerns from the relevant authorities and interested and/or affected parties. The appropriate measures to ensure co-existence of the proposed development with other social and economic activities in the area are provided as part of Environmental Management Action Plan. The main objective of the assignment was to assist the proponent prepare an EIA report for the proposed activity to ensure the sand harvesting process takes into consideration appropriate measures to mitigate any adverse impacts to the environment. The EIA identified existing and potential environmental impacts and possible concerns that interested and/or affected parties have with the project, as well as the associated prevention and mitigation measures for the negative impacts as stipulated in the environmental Management Plan (EMP) proposed. The consultant on behalf of the proponent conducted the EIA by incorporating but not limited to the following terms of reference: i. ii. iii. iv. v. vi. vii. viii. ix. x. The proposed location of the project A concise description of the national environmental legislative and regulatory framework, baseline information, and any other relevant information related to the project. The objectives of the project. The products, by-products and waste to be generated by the project. A description of the potentially affected environment. The environmental effects of the project including the social and cultural effects and the direct, indirect, cumulative, irreversible, short-term and long-term effects anticipated. Analysis of alternatives including project site, design and technologies. An environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment, including the cost, timeframe and responsibility to implement the measures. Provide an action plan for the prevention and management of the foreseeable accidents and hazardous activities in the cause of carrying out development activities. Such other matters as the Authority may require. 1.4 Data Collection Procedures First, the Consultant undertook environmental screening and scoping to avoid unnecessary data. The data collection was carried out through questionnaires/standard interview schedules, use of checklists, observations and photography, site visits, 4 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report desktop environmental studies and scientific tests, where necessary in the manner specified in Part V (section 31-41) of the Environmental (Impact Assessment and Audit) Regulations, 2003. 1.5 EIA Organization and Structure The EIA was carried out to full completion within a period of twenty one (21) days from the date of undertaking. The Consultant coordinated the day-to-day functions and any related institutional support matters. Otherwise, all formal communications were directed to NEMA through the proponent, concerning the proposed sand-harvesting project. 1.6 Reporting and Documentation The Environmental Impacts Assessment Project Report from the findings was compiled in accordance with the guidelines issued by NEMA for such works and was prepared and submitted by the proponent for consideration and approval. The Consultant ensured constant briefing of the client during the exercise. 1.7 Responsibilities and Undertaking The Consultant undertook to meet all logistical costs relating to the assignment, including those of production of the report and any other relevant material. The consultant arranged for own transport and travels during the exercise. On the site of the proposed Sand harvesting project, the experts met the local leaders and the other stakeholders to provide information required by the Consultant. The output from the consultants includes the following: An Environmental Impact Assessment report comprising of an executive summary, study approach, baseline conditions, anticipated impacts and proposed mitigation measures, An Environmental Management Plan outlines which also forms part of the report recommendations. 1.8 Methodology Outline The identified site where sand harvesting will be conducted lies in a strip 0.4 – 1.0 km offshore in the Indian Ocean along Tiwi to Waa Area, Kwale County. The depth of the ocean along this strip ranges between 19 – 50 meters deep. The proposed sand-harvesting site defined by the following coordinates longitudes and latitudes: 5 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Point 1. 4°7' 8.71" S, 39°40' 17.33" E, Point 2.4°7' 21.43" S, 39°40' 42.96" E, Point 3.4°14' 52.41" S, 39°36' 27.63" E, Point 4. 4°14' 52.75" S, 39°36' 58.04" E The site is located offshore South East of Tiwi and Waa in the Indian Ocean. The general steps followed during the assessment were as follows: Environment screening, in which the project was identified as among those requiring environmental impact assessment under schedule 2 of EMCA, 1999 Environmental scoping that provided the key environmental issues Desktop studies and interviews Physical inspection of the site and surrounding areas EIA Public participation by the use of questionnaires and public meetings Reporting. 1.9 Environmental Screening This step was applied to determine whether an environmental impact assessment was required and what level of assessment was necessary. This was done in reference to requirements of the EMCA, 1999, and specifically the second schedule. Issues considered included the physical location, sensitive issues and nature of anticipated impacts. 1.10 Environmental Scoping The Scoping process helped narrow down onto the most critical issues requiring attention during the assessment. Environmental issues were categorized into physical, natural/ecological and social, economic and cultural aspects. 1.11 Desktop Study This included documentary review on the nature of the proposed activities, project documents, designs policy and legislative framework as well as the environmental setting of the area among others. It also included discussions with CRBC managers and surveyor as well as interviews with the Key stakeholders Government Lead agencies and local neighbouring community. 6 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 1.12 Site Assessment Field visits were meant for physical inspections of the site characteristics and the environmental status of the surrounding areas to determine the anticipated impacts. Plate 1: Lead Consultant and representatives of key government organizations on site visit to proposed sea sand harvesting site 1.12.1 EIA Public Participation To ensure adequate public participation in the EIA process, the consultant carried out field participatory visits on 14th, 16thNovember, 2014 and 21st January 2015, in order to disseminate and inform the stakeholders about the project with special reference to its key components and location, gather comments, suggestions and concerns of the interested parties. This process enabled the establishment of a communication channel between the general public, the team of consultants, project proponents and the Government Lead agencies and the concerns of the key stakeholders be known to the decision-making bodies at an early phase of project. 1.12.2 Reporting In addition to constant briefing of the client, this environmental impact assessment project report was prepared. The contents were presented for submission to NEMA as required by law. 7 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 2. PROJECT DESCRIPTION 2.1. Introduction The proposed project involves sea sand harvesting in a strip 0.4 – 1.0 km offshore Indian Ocean from Likoni through Waa to Tiwi Area, mainly in Kwale County and some small part in Mombasa County around Likoni Area.. This will be done in the Indian Ocean to get materials for the proposed Standard Gauge Railway Station/ terminal at Port Reitz Beach. The proposed sand harvesting site defined by the following coordinates longitudes and latitudes:Point 1. 4°7' 8.71" S, 39°40' 17.33" E, Point 2.4°7' 21.43" S, 39°40' 42.96" E, Point 3.4°14' 52.41" S, 39°36' 27.63" E, Point 4. 4°14' 52.75" S, 39°36' 58.04" E The proposed sand harvesting site has an estimated depth of between19 – 50 meters. Diani-Chale National Marine Reserve is located about 4Km south of the proposed dredging zone. The 4km with create a buffer zone to avoid negative effects to Diani Tourist Activities. 2.2. Sand Harvesting Activities and Equipment to be used The sand harvesting activities will broadly mimic other sand harvesting operations without necessarily replicating operations due to site specific peculiarities. The excavation of sand will take place at the predetermined site where the required quantities can be obtained at the required depth. Sand harvesting will be done by use of a dredger (Figure 3) that will scoop sand from the bottom of the ocean at a depth of 19m – 50m. Once scooped, the sand will be sieved of any ocean water and any other unwanted materials and piled onto waiting ships that will transport it to Port Reitz Terminal construction site. This will be done using the contractor’s specialized machines. The excavation shall not extend beyond designated areas or into ecologically sensitive areas to avoid negative environmental impacts. The vessels to be used in the above activity are 1 suction barge (SI HANG CAI SHA 1) and two new belt-conveyer barges, which are arriving in the country in June 2015. The proposed area is from Likoni through Waa to Tiwi as per the Coordinates and Map attached (figure 1). The sand will be sucked from deep sea by 2 sand pumps, which are equipped in the suction dredger and be shifted to either the hopper of suction barge or belt-conveyer barges through the 600mm diameter steel sand pipe. After fully loaded, the sand will be transported from the sand harvesting area through the KPA area to the construction site at Port Reitz to be offloaded for reclamation work of Railway Container Terminal and 8 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Marshaling Yard. The sand harvesting activity is expected to take place about 6 months starting March 2015. An estimated total of 800,000M3 of sand is required for the construction of the Port Reitz Railway Container Terminal and Marshaling Yard. Figure 2: An example of trailer suction hopper used for sea sand harvesting The most commonly used vessel for sand extraction is the trailer suction hopper. Trailer suction hoppers have varying carrying capacities, ranging from less than 1000 m3 to more than 7000 m3 (Figure 3): An example of trailer suction hopper. The suction pipes are on both sides of the vessel (PIA S.Z., 2004). The vessel lifts material from the seabed via suction pipes (either 1 or 2) directed backwards, into the hopper while the vessel is in motion. The top layer of the sediment is removed, tracks sized 1-2 m broad and 20-50 cm deep is left on the seabed (Wijsman & Anderson, 2004). Sediment and water will be lifted on board. The water and some (fine) sand will overflow during filling. Once the material is on board, most vessels can screen on board for the desired composition of grain size and aggregates. Unwanted sediment fractions will be rejected from the vessel. Often large plumes of increased turbidity in the vicinity of the vessel are created, when the hoppers overflow or when screening is being carried out. With static suction hoppers, a suction pipe facing forward lifts material on board while the vessel is static. The extraction leaves conical shaped pits, which range between 20 to 75 metres wide. This method of extraction is commonly used when the aggregates targeted are deep and/or spatially limited, or when the targeted aggregate is located under or is embedded with unsuitable material (for e.g. fine sediment, organic matter). The maximum 9 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report dredging depth for both dredgers is usually around 30 metres (Wijsman & Anderson, 2004). During the extraction process, plumes of suspended material are created. Due to the mechanical disturbance at the seabed, materials arise. Plumes created by the drag head are referred to as bottom plumes. However, bottom plumes are often not as widespread as the plumes created from the outwash of material from spillways on the vessel hopper, also referred to as surface plumes. Another source of surface plumes is on board screening of the incoming material, where unwanted sediment fractions are rejected (Boyd & Rees, 2003). Depending on national regulations and local circumstances different strategies in dredging can be applied. Variations can be made in the dimensions of the extraction area, as well as in the number of dredging pits. Moreover, different methods for dredging can be applied. Each strategy will have its own effects. 2.3. Haulage of sand after harvesting The harvested sand will be hauled primarily by new belt-conveyer barges ships designed to transport sand to the reclamation site at Port Reitz, Mombasa County. The loading operation will be mechanized. 2.4. Adherence to National Sand Harvesting Guidelines: The CBRC managers, local authorities, Lead Government agencies and other stakeholders involved are aware of the need to conduct activities within the confines of the law and operate fully as per the National Sand Harvesting Guidelines of 2007. The guidelines stipulate that require EIAs /EAs for sand harvesting activities among other requirements be met before commencement of any activities. The following is an excerpt of the guidelines that are of more immediate relevance to the project but it is recommended that all stakeholders obtain and acquaint there members with the complete document. 2.5.1 Seabed sand harvesting Sand harvesting from the seabed shall be undertaken in a way that ensures that sensitive ecological systems are not destroyed. Sand harvesting will not be allowed on any beach. Loading of sand will be done in the designated harvesting sites through controlled access points. 10 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report No sand harvesting shall take place within the reef, marine parks or any physical infrastructure including bridges and port or any other sensitive installations and ecological sites. 2.5.2 Hours for harvesting and transportation of sand The sand harvesting and transportation will be conducted 24 hours every day due to the tight time constraints of the Nairobi Mombasa Standard Gage Railway project plan. 2.5. Project Budget The total estimated project cost is approximately Twenty million Kenyan Shillings only (Kshs. 20,000,000/=) 11 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 3. BASELINE INFORMATION OF THE STUDY AREA 3.1 Location of proposed sea sand harvesting activity The proponent has consequently proposed to undertake sea sand harvesting in a strip 0.4 – 1.0 km offshore Tiwi and Waa Area, Kwale County. This will be done in the Indian Ocean to get materials for a proposed Standard Gauge Railway Station/ terminal at Port Reitz Beach. The proposed sand-harvesting site defined by the following coordinates longitudes and latitudes:Point 1 Point 2 Point 3 Point 4 4°7' 8.71" S, 39°40' 17.33" E 4°7' 21.43" S, 39°40' 42.96" E 4°14' 52.41" S, 39°36' 27.63" E 4°14' 52.75" S, 39°36' 58.04" E Figure3: Location of the proposed site for sand harvesting area Data source: Google earth images 12 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 3.2 Climatic Conditions The climate in Kwale County and that of the proposed project site is generally associated to the regional climatic patterns attributed to the semiannual movement of the inter-tropical convergence zone (ITCZ) as well as the two monsoons experienced in the area, namely, the northeastern monsoon (kazkaz) in January to March and the southeastern monsoon in June October. The dominant rainy season occurs in the March to June period while the short rains are in November to December. The average annual rainfall is approximately 1000 mm (NES, 1985). The long rains season amounts to over 155 days of rain in 6 out of 10 years, while for the short rains amounts to about 40-55 days. The wettest area in the region is around Ramisi, with the climate becoming drier to the west and north. The average annual temperature in the area is usually above 280C (NES, 1985). The months of January and February are the direst with a maximum average temperature of 330C. The coldest month is usually July with a minimum of 230C. The area is generally hot and humid all the year round with an average humidity at noon of about 65% due to a high evaporation rate. 3.3 Vegetation Inland from the Tiwi and Waa beach, there is extensive vegetation (Plate 1) including numerous palm trees, which cover the coastal areas. Kwale County has a total of 35,345 ha of gazetted forest estates which includes 2,125 ha of gazetted Kaya forests. The total area covered by forests in the region is about 7%, which is equivalent to 54,544 ha (GoK, 2011). Out of this total, 35,043 ha. is gazetted forest cover while 19,500ha are not gazetted. The key types of forests in the area can be classified as follows: i. Tropical Rain Forest Only remnants of this forest exist and cover about 29,000 ha. Most of the Shimba Hills Plateau, Mrima and Dzombo Hills and Buda, Muhaka and Gongoni fall under this type. ii. Planted Forest These are mainly exotic species which covers about 1000 ha of which 90% is soft wood and only 10% is indigenous. The indigenous species common in the project area include Vangueria apiculata, Ficus sycomorus, Caesalpinia decapetala, Maytenus senegalensis, Rhus vulgaris, Manilkara mochisia, Balanite seagyptica, Acacia xanthophloea, Grewiabicolour, Vangueria infausta, Garcinia livingstonei, Acacia tortilis, ,Plectranthu sbarbatus, Pappea capensis, Premna resinosa, Zanthoxylum chalybeum, Vangueria apiculata, Cordia Container Terminal and Marshalling Yard at Port Reitz to the africana, Acacia brevispica among 13 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report others. The indigenous species provide a range of benefits to the locals such as fuel wood, timber, poles, posts, vitos, fodder, shade, soil conservation, nitrogen fixing, fruits, charcoal among others. Plate 2: Image showing vegetation inland along Tiwi area 3.4 Hydrography The coastal waters off Likoni–Diani experiences semi-diurnal tide with two periods of high and low waters after every 24 hour period. The spring tidal range is of the order of 3 m while the neap tidal range is of the order 1 m. The water circulation is mainly driven by the tidal currents whose speed can reach 1ms-1 during spring tide. However, in most areas, tidal currents range between 0.10 and 0.8 ms-1 with the strongest flows occurring during spring tides. The major ocean current system in the area is the East African Coastal Current (EACC) that flows northward throughout the year. The current is formed south of Tanzania marine waters off Comorian Archipelago. The currents attains speeds of up to 1ms-1 with the maximum speeds being experienced during the South East Monsoon, when the prevailing South Easterly wind tends to reinforce the north flowing current. During the north east monsoon, the strength of the current reduces due to the interaction with the Somali current further north in the north Kenya Banks. The area is located within the continental shelf slope and is therefore related deep with the water depths ranging from about 20m near the shore to 100m in offshore water. The water depths within coral reef depths are much smaller ranging between 5 to 10m. The sea 14 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report level in the area is rising at a rate of 3 mmyr-1. There is evidence of shoreline erosion at the beaches located in Likoni-Tiwi-Diani Beach area. The waves within the area show significantly variability depending on the season of the year and ocean dynamics within the Indian Ocean basin. The waves are usually large mainly of the order of 1 to 2 m. occasionally, very large waves are experienced during stormy conditions in the Western Indian Ocean basin, but these are usually less than 5m high. Waves within the continental slope are usually relatively smaller as compared to those occurring within the coral reef lagoon during high tide as a result of the amplification of the amplitude as waves approaches the shallow waters of the lagoons. Relatively large are experienced during the South West monsoon in the period between June and September. Other periods are relatively calm with small waves. The salinity of waters in the area do not significant seasonal variability due to lack of significant input of freshwater and evaporation. The salinity is usually of the order 3435‰. Within the lagoon the coral reef salinities are as usually 34-35‰. The major river systems in the area is the seasonal Tiwi River that emanates from Kwale Hills. The river brings in terrigenous sediments in the Tiwi coastal zone during rainy seasons. 3.5 Geology and Soils The geology in Kwale County is dominated by rocks of sedimentary origin except in the western side where the basement rock exists just like in the rest of the coast region of Kenya. The underlying rocks in the sedimentary system are dominated by three geologic zones, namely a) Duruma Sandstone Series, b) Tertiary Sediments, and c) Quaterrnary sediments (NES, 1985). The Duruma Sandstone Series consist of grits, sandstones and shales whereby the sandstones are at the top and the grits at the bottom of the succession while finer sandstones and shales are sandwiched in the middle. The Tertiary Sediments are made of sands and gravels which have a thickness of about 130m. The Quaternary Sediments are mostly composed the coral reef made of coral limestone and lagoonal deposits made of calcerous sands and quartz sands. According to NES (1985), the soils in Kwale County vary according to topography and geology of the area. In the coastal plains, corals, sand, clay, loam and alluvial deposits are found. The soils in the foot plateau consists of deep permeable loamy soils suitable for agriculture while the sandstone and grit on the coastal range yield fairly good fertile soil well suited for cultivation as is evident in the Shimba Hills. Towards the ocean, the soils are poorly drained, very deep, excessively saline, and olive to greenish gray, loam to clay and often with sulphuric material (NES, 1985). 15 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 3.6 Oceanography 3.6.1 Coastal Currents There are four oceanic currents affecting the Kenyan coast. These are the South Equatorial Current, the East African Coastal Current, the Equatorial Counter Current and the Somali Current. The westward moving South Equatorial Current divides into two branches once it reaches the African coast at Cape Delgado. It gives off the Mozambique Current which flows southwards, and the East African Coastal Current which flows north-east- wards, parallel to the coast. The East African Coastal Current flows north- wards all the year round at least as far as Malindi. During the Southeast Monsoon it continues beyond Malindi northwards, joins with the Somali Current and continues right to the Horn of Africa During the Northeast Monsoon (November to March), however, the northward extent of the East African Coastal Current is more restricted. At this time it meets and joins the southward flowing Somali Current (which changes direction under the influence of the monsoon) with this convergence taking place anywhere between Malindi and north of Lamu, depending on the strength of the monsoon in any particular year. The two streams then turn eastward and flow offshore as the Equatorial Counter Current. 3.6.2 Tides Kenyan coastal waters are characterized by semi-diurnal tides approximately two tidal cycles for every 24 hour period. Except for limited periods in the year, however, the levels of high and low water of each successive tide differ appreciably from the corresponding tide before and the tide following. The tides can therefore be designated as mixed semidiurnal tides. Spring tidal variations (Brakel, 1982) in Eastern Africa can be up to 4.0 m, with average variations within the 2.5-3 m interval.The reference port for tidal observations in Kenya is Kilindini (Port of Mombasa) where the maximum tidal range does not usually exceed 3.8 m. Tidal range for Malindi is 2.0 m for neap tide and 2.9 m for spring tide. There is a lag in the tidal state which increases with distance north along the Kenyan coast. Malindi is normally 5 minutes after Kilindini while Lamu is about 40 minutes behind. Deviations from the predictions in tide tables are influenced by barometric pressure, onshore winds and oceanic swell. However, the lowest tides occur persistently during the Northeast Monsoon since they combine with the prevailing winds to drive water offshore. 3.6.3 Sea Temperature and Salinity Sea surface temperature and salinity also vary with the monsoon season. The highest temperatures of 28-29°C occur following the Northeast Monsoon in the months of March and April -The lowest sea surface temperature occurs in August and September with a minimum of 24°C.During the Southeast Monsoon the shifting of ocean currents brings 16 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Pacific Ocean water of high salinity into the South Equatorial Current while during the Northeast Monsoon the South Equatorial Current draws water of- low salinity from the Malay Archipelago. These changes in turn result in changing salinities of the East African Coastal Current waters. A further influence on salinity is the incidence of rainfall, especially the heavy rains of March to May when the discharges from all major river systems as well as all the more minor seasonal ones are at the maximum. As can be expected, offshore waters are influenced mainly by the oceanic currents and surface water salinities in Kenyan coastal waters vary from a minimum of 34.5 to a maximum of 35.4. The influence of the river outflow is contained mostly in inshore areas by the prevailing wind conditions and much wider variations in salinity do occur at the local level. 3.6.4. Fluxes of chemical substances and chemical properties The fluxes of chemical substances within the study area are controlled by the tidal currents and the East African Coastal Current. The important chemicals will be the contaminants and nutrients bound in the dredged sediments. These will be released as sand is dredged and pumped from the bottom of the sea. The rate of release will vary depending on how the sea bottom will be dredged and how sand pumped into the barges and the filtered water is pumped back into the sea. Where sand will be pumped directly from the bottom water columns and filtered water is also released at the bottom water column, the effects will be less significant as to when the filtered water is released at the surface of the sea. The nutrients and contaminants will be released from the sediments during dredging operations and subsequently once the filtered water is released back to the sea. The release from the later has a potential of being accelerated due to turbulence created during the dredging operations. The released chemicals will subsequently be entrained within the north flowing East African Coastal Ocean current system. This has potential of transporting the contaminants northward from the dredging sites. Subsequently, this has potential of affecting the marine ecosystems located northward of Diani-Waa areas. The semi-diurnal tidal currents have also the potential of transporting the chemicals into the shallow continental shelf lagoons and tidal creek systems including the Diani-Chale Marine Reserve. Thus, within the vicinity of the dredging site (Diani-Waa-Likoni zone), the concentrations of nutrients and other chemical pollutants will be relatively high. The concentrations will progressively reduce as the contaminants are transported northward and into the tidal creek systems. There is no data and on the expected concentrations to determine the rate of decline as the contaminants are transported northward. 17 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 3.6.5 Fluxes of cohesive sediments and physical properties The dredging of the sand at the proposed site will increase the concentration of the total suspended sediments in the area. The turbidity plume composed of fine sediments will be transported northward by the East African Coastal Current system. There will however be a progressive decline in the concentrations of the total suspended sediments as the plume moves northward. The smothering of the corals within the coral reef ecosystem situated between Diani and Likoni is not expected to be an issue of major concern because most of fine sediments will be entrained into the East African Coastal Current and transported northward. Furthermore, it is expected the concentrations of fine sediments will be low because of rapid sedimentation within the zones that will be dredged. The removal of sand however has the potential of altering the sediment budget of beaches situated within Diani-Waa-Likoni Area. The consequence will be accelerated erosion of beaches. This will compound stress associated with climate change. The loss of sand supply to beaches also has the potential of spoiling the sandy nature of the beaches located in the Diani-Likoni-Waa area. This due to accelerated erosion of sand from the beaches to balance that, which had been dredged in the area. This will interfere with the recreational and touristic value of the beaches found in this area. The turbidity plume is normally characterized by low transparency and hence low light penetration into the deeper water column. This has the potential of interfering with the marine productivity. This would be more significant in the area within the dredging site. There will however be progressive improvement in transparency as the fine sediments are deposited as they are transported northwards. The turbid water transported by the semidiurnal tides will directly impact the coral reefs in the Diani-Waa area, although the impact is expected to be short-lived. The dredging of sand in the area is also expected to alter the bathymetry of the area by deepening of the zone due to accelerated erosion of the sea bottom. The expected changes in water depths are however small due to low volume of sand that will be dredged. Therefore, it is not expected that the coastal water circulation dynamics will change significantly as a result of dredging of sand in the area. 3.7 Coastal Ecosystems Terrestrial, inter-tidal and sub-tidal ecosystems usually forms an interdependent continuum, but can often be divided into easy recognizable zones or habitats dominated 18 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report and even physically structured by a few keystone species (mangrove forests, sea grass beds) or classes (corals). 3.7.1 Geomorphology Much of the Kenyan cost is formed by low, about 4 - 6 m high limestone Coral cliffs. These are fossilized coral reefs build during Pleistocene more than 100,000 years ago. They are exposed by the current sea level and are now eroded by the force of the waves resulting in an irregular and rugged appearance. The wide reef flats usually found in front of the cliffs can be regarded as these fossil reefs "leveled off" by the wave actions in combination with the current reef building activity. Usually the cliffs make up the middle and upper part of the intertidal zone, and with a reef flat or sandy beach below. 3.7.2 Biology Rocks in the upper part of intertidal zone have a sparse biological activity with mostly unicellular algae and a fauna of chitons and limpets and some amphibian crustaceans. Sub tidal rocks and manmade hard surface structures as piers and wharfs may develop a richer flora and fauna resembling the conditions found on reefs 3.8 Sandy Beaches and Dunes 3.8.1 Geomorphology The area is characterized by gentle to steep sandy beaches with protection from a reef. The beach is often backed by one or a series of wind-blown sand dunes. The sand may be of terrestrial origin and supplied by the larger rivers (Tana, Sabaki). This type of beach is found around Sabaki River mouth, and from Ngomeni through Ungwana Bay to Lamu Island. Gently sloping beaches sheltered behind a fringing reef are common along the coast south of Ungwana Bay. The sand is often white calcareous sand of marine origin (coral sand). Diani Beach and Watamu Beach are typical examples. 3.8.2 Biology Species diversity on sandy beaches is usually low. On the higher parts of the beach, above the high water line, only a few burrowing crabs and amphipods are usually found. The density and diversity of crabs, bivalves, polychaetes and other marine invertebrates increases in the intertidal, but remain low compared to most other habitats. Stranded debris in this zone may attract a variety of foraging waders and other birds. In protected beaches the lower intertidal zone will usually be covered with sea grass which also covers most back reef lagoons. In exposed beaches the waves prevent sea grass growth in the upper subtidal zone and the sand remains low in biological value. Sandy beaches may serve 19 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report as nesting sites for marine turtles. Green turtles, hawksbill and the rare olive ridley all nests on Kenyan beaches. While green turtles are found nesting on suitable beaches all along the coast, hawksbill is found in Kiunga, Malindi, Watamu, and Funzi, and olive ridley only along beaches near Malindi, Watamu and Mombasa. 3.9 Corals reefs and reef flats 3.9.1 Geomorphology The wide reef flats seen in front of the cliffs can be regarded as the fossil reefs "leveled off" by the wave actions in combination with the current active reef growth at the reef crest and at the outer slope facing the ocean. This structure is found more or less continuously from Malindi southwards to Chale Island. Sometimes sandy beaches replace the cliff, and sometimes the continuity is interrupted and the reef flat is degraded - usually at the outlet from creeks or small rivers. The width of the reef flat can be more than 2 km. South of Chale and to the Tanzanian border, the coastline is more degraded and the reef is discontinuous and broken into islands and patch reefs. The distance to the coast (and hence to terrestrial sources of silt and pollution) makes some of these reef - Kisite Island and others - the best and most diverse in Kenya. On the other hand, the Sabaki and especially the Tana River plume reduce or prevent coral growth within a greater area. 3.9.2 Biology Coral reef communities in Kenya are found from about mean sea level to a depth of 20-25 m. Coral reefs are among the most diverse ecosystems in the sea. With corals as the keystone species, the rich diversity includes almost all other groups of marine flora and fauna as macroalgae, fish, molluscs, crustaceans etc. The extent, size, and diversity of the coral reef communities decrease northwards along the Kenyan coast due to discharge of sediments from the large rivers and to influence from the Somali current. Corals are slow growing organisms and very slow colonizers. The Kenyan reefs have not yet recovered from the damage they suffered from the increased temperature during the El Niño event in 1998.The reef flats are usually a mixture of hard and soft substrate and typically with a distinct back reef lagoon close to shore. Most of the reef flat is intertidal and with only few corals. Instead, there is a dense mixed vegetation of sea grass on the soft sediment and seaweed on the hard substrate. The high abundance of fish and invertebrates is an important source of food and income for the local communities. 3.10 Marine protected areas and resources Marine Protected Areas (MPAs) have been established under the Wildlife Act. There are currently nine gazetted marine reserves and parks, which are managed by the Kenya 20 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Wildlife Service. The MPAs act to protect coral reefs and by association, any sea grass or other habitats. Marine Parks are no-take zones, while Marine Reserves are restricted to traditional fishing methods. In addition, there are initial proposals to extend the Kiunga Marine Reserve down towards Dodori Creek in the Lamu estuary, and another proposed reserve area in Ungwana Bay, to cover the coral reefs and part of the IBA described above. Important among the designated marine protected area that are in close proximity to the proposed sand harvesting site include the Diani Chale Marine Park and Reserve. The protected area was gazetted in 1995 and stretches from Tiwi Estuary in the north to Chale Island in the south. This marine park was established to safeguard its delicate coral reef, excellent coral gardens, and fish species. It incorporates a range of marine activities, including traditional dhow fishing trips, snorkeling, sailing, other non-motorized watersports, as well as glass-bottom boat viewing. The contractor will not be conducting any sand harvesting activities within this marine park or any other protected areas. Figure 4: Marine Protected Areas in Kenya. 21 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Marine Turtles: All of the five species of marine turtles found along the East African Coast are also found in Kenya. Three of them nest on Kenyan beaches: Green turtles, hawksbill and more rarely the olive ridley. Hunting of turtles is illegal in Kenya, and the biggest threat is poaching and unintended by catch by trawlers. Beaches are important habitats for sea turtles, which lay their eggs in the upper beaches. As shown below, there are many stretches of beaches in Kenya (Figure 1) and turtle nesting sites are reported throughout the coast. Turtles are threatened by direct harvesting/ fishing, trapping as by-catch in various fishing gear and, of relevance to the present strategy, by the destruction of their foraging and nesting grounds due to poor shoreline management. Source: KMFRI Database Figure 5: Turtle nesting areas 22 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Dugongs: The dugong is one of the most endangered species along the African coast and is almost extinct in Kenya. It is on the IUCN Red List of Vulnerable species. It is occasionally sighted or caught in fishing net. Most observations are from the southern coast close to the Tanzanian border and from the Lamu district, but there is no pattern in the observation indicating a stable and viable population. Dugongs feed solely on some of the smaller seagrass species, which are usually found close to the mangrove forest, or on the outer reef slope. The dugongs are not limited by available food but by hunting and unintended by catch. 3.10.1 Migratory and Other Coastal Birds Coastal birds concentrate usually on intertidal areas. Especially mudflats, but also estuaries, reef flats, and beach cast of sea grass debris may attract waders and gulls. Terns are often attracted to shallow or turbulent waters. The Kenyan coast does not host any globally threatened species but e.g. the Mida Creek area, and the Kiunga reserve host’s important numbers of crab-plovers, and roseate tern nests on several of the smaller islands. The coast hosts a number of Palearctic immigrant waders during the Palearctic winter between September and March. Among the 1,100 bird species recorded in Kenya, 41% are found along the coast. Shorebirds are coastal resident or migratory water birds and waders and depend on the coastal areas for their survival. Key habitats are mudflats, tidal creeks and mangroves, estuaries, saltpans and rocky cliffs. Several areas have been designated as Important Bird Areas, while other specific locations for waders have also been identified as shown in Figure. Most of the IBAs fall under Marine Reserves or Parks and are thus accorded protection (e.g. Kiunga, Watamu Park/Reserve, Malindi Park, Kisite&Mpunguti); however, other areas such as Ungwana Bay and Sabaki Estuary IBA are not formally protected. The major threat to the bird species in Kenya is the degradation and loss of these habitats, due to conversion, changing land-use practices and pollution. 23 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Figure 6: Important Bird Areas and wader bird sites (Source: KMFRI Database) 3.11 Fishing and socio economic characteristics The principle economic activity at the coast is tourism, contributing 45% of income to coastal populations, followed by ports and shipping at 15%. Agricultural industries comprise 8% of the income, followed by fisheries at 6%. Mining contributes 2% of the coastal income. Fishing is also a major source of income and proteien (See Table Below) 24 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Table 6: Common fish species along Tiwi and Waa area ENGLISH NAME FAMILY NAME LOCAL NAMES 1. DEMERSALS RABBIT FISH SCAVENGERS SNAPPERS PARROT FISH SURGEON UNICORN GRUNTER POUTER BLACK SKIN GOAT FISH STREAKER ROCK COD CAT FISH MIXED DEMERSALS. 2. PELAGICS CAVALLA.J. MULLETS MACKEREL BARRACUDA MILK FISH KING FISH QUEEN FISH SAIL FISH BONITO/TUNA DORADO MIXED PELAGICS ENGLISH NAME (Species Name) Siganidae Lenthridae Lutjanidae Scaridae Acanthuridae Nasobrevirosyris Haemulidae Cephalopholisargus Gaterinsordidus Mulidae Aprionvirescens Serranidae Aridae Euthynnuspelamis Mulilidae Kanaguta Sphyranidae Chanidae Scombridae Chorinemustol Istiophoridae Arangidae Colyphaenidae VIDAU/ SONGORO/ FAMILY NAME KOLE KOLE MKIZI UNA TENGEZI MWATIKO NGURU PANDU SULISULI JODARI FULUSI MIRAANGE LOCAL NAMES 3.SHARKS/RAYS SHARKS/RAYS SARDINES MIXED/OTHERS (Species Name) Carcharhinidae Clupeidae PAPA /TAA/KARWE DAGAA 4. CRUSTACEANS LOBSTER Penulirusspp PRAWNS Paenusspp CRABS Scyllaridae 5. MOLLUSCS OYSTERS SEA-CUCUMBER Holothuroidae OCTOPUS Vugarisspp SQUIDS Sepia oligo Source: County department of fisheries, Kwale County TAFI CHANGU TEMBO PONO KANGAJA/KARAZANGA PUJU PAMAMBA CHAA FUTE/ MAKOE MKUNDAJI PALI TEWA/ KIVUNGWI FUMI NGOGO KAMBA- MAWE KAMBA - WADOGO KAA MACHAZA JONGOO PWEZA NGISI 25 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 3.11.1 Coastal Tourism The main tourist attractions at the coast are the sandy beaches, marine parks and reserves, terrestrial game parks and reserves and cultural and historical sites. Tourism related activities depending on the beach and marine features include curio vendors, beach traders, boat operators, sport fishing, snorkelling and diving, while secondary activities include safari tour companies, entertainment spots and other service trades such as salons, boutiques, etc. Coastal tourism has developed in clusters of beach hotels along the shoreline. Registered hotels have been mapped in the KenSea Database as shown in Figure 4, however, there are also many other tourist accommodations which are unregistered, such as the many villas which are registered as private residences but are however rented out to tourists. Shoreline uses in Waa are tourism, beach operators, public recreation, fishing and fish landing sites. There are several hotels, primarily along Tiwi Beach, some of which are affected by erosion. Small scale fishing is of medium importance, and there is one fish landing station, the Maphuphuni station in the north. Loss of beach landing sites has occurred through illegal allocation and due to shoreline erosion. Public access to the beaches for recreational use is affected by encroachment and the roads are poorly developed with lack of maintenance. There is one heritage site in the area, the Kaya Waa Mosque Ruins. This is under threat from surrounding commercial developments and from erosion. Shoreline uses in the Tiwi area are tourism, fishing and commerce. The area is cosmopolitan and is primarily a tourist resort town. There few hotels at Tiwi and along Diani Beach, some of which are affected by erosion. Small scale fishing is of high importance along this cell, and there are six fish landing stations along the cell. Beach Management Units have recently been established at the Mwape and Tiwi stations although they are yet to be formally registered. Loss of beach landing sites has occurred in this cell through illegal allocation and due to shoreline erosion. Public access to the beaches for recreational use is affected by encroachment and the roads are poorly developed with lack of maintenance. There is one heritage site in the area, the Kango Mosque Ruins. This is under threat from erosion and its tourism potential is also reduced due to loss of aesthetic value and old and weak infrastructure. 26 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Figure 7: Distribution of hotels along the coast. (Source: KMFRI Database) 3.11.2 Ports and shipping Mombasa Port at Kilindini is the largest sea port in Kenya and also the entire East African coast. The port is an integral component of the entire country’s economy and hence this feature is of high importance. The Old Port, located at Tudor Creek in Mombasa is also important for handling smaller vessels. Other small ports are located at Shimoni, Kilifi, Mtwapa, Kpini, Vanga-Funzi area, Lamu and Malindi. There are currently plans to expand the Lamu Port in the Manda Bay area. 27 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 4. RELEVANT LEGISLATIVE AND REGULATORY FRAMEWORK 4.1. Introduction This EIA has been prepared to fully comply with environmental legislations and Procedures as outlined in the various Regulations by National Environment Management Authority, in Kenya. 4.2. KENYA’S ENVIRONMENTAL LEGISLATION The preparation of this EIA has taken into account the requirements for Environmental Assessment under Kenyan laws, mainly under Section 58 of the Environmental Management and Co-ordination Act, 1999. The section also requires project proponents to obtain an EIA License before the implementation of a project. Some of the relevant laws in Kenya are: 4.3. National Environment Management Authority (NEMA) Environmental Laws 4.3.1. The Constitution of Kenya The provisions of Chapter V (Protection of Fundamental Rights and Freedoms of The Individual) shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. The constitution protects citizens from deprivation of property. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where it is necessary for public interest. 4.3.2. Environmental Management and Co-ordination Act (EMCA) The Environmental Management and Co-ordination Act, 1999, is the legislation that governs Environmental Impact Assessment (EIA) studies. The proponent carried out an Environmental Impact Assessment (EIA) as per the second schedule of this act. This schedule lists the projects required to undergo EIA studies in accordance with section 58 (1-4) of the act. 28 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report The Act provides for the National Environmental Management Authority (NEMA) whose objective and purpose is to exercise general supervision and coordination over all matters relating to the environment and to be the principal instrument of the Government in the implementation of all policies relating to the environment. The introduction of Environmental Impact Assessment and Audit Regulations, 2003 issued through Kenya Gazette Supplement No. 56 of 13 June 2003, the submission of environmental reports became mandatory. According to these regulations no proponent shall implement a project likely to have a negative environmental impact or for which an Environmental Impact Assessment has been concluded and approved in accordance with these regulators. INSTITUTIONAL FRAMEWORK FOR THE EMCA Ministry of Environment and Mineral resources High Court National Environment Tribunal National Environment Council Public complaints Committee Board of Management National Environmental Management Authority (NEMA) Director General National Environmental Trust Fund National Environment Restoration Fund Standards and Enforcement Review Committee National Environment Action Plan Committee Provincial Environment Committee District Environment Committee 29 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Figure 8: The EMCA, 1999 Institutional Framework 4.3.3. The Environmental (Impact Assessment and Audit) Regulations, 2003 Environmental Impact Assessment (EIA) is a critical examination of the effects of a project on the environment. The goal of an EIA is to ensure that decisions on proposed projects and activities are environmentally sustainable. An EIA is conducted in order to identify impacts of a project on the environment, predict likely changes on the environment as a result of the development, evaluate the impacts of the various alternatives on the project and propose mitigation measures for the significant negative impacts of the project on the environment. The EMCA, 1999 requires that during the EIA process a proponent shall in consultation with the Authority seek views of persons who may be affected by the project or activity through posters, newspaper, radio and hold at least three public meetings with the affected parties and communities. The Project proponent pays for the entire EIA process. The fee payable to NEMA is 0.1% of the project cost. Environmental Audit (EA) is the systematic documentation, periodic and objective evaluation of activities and processes of an ongoing project. The goal of EA is to establish if proponents are complying with environmental requirements and enforcing legislation. The purpose of EA is to determine the extent to which the activities and programs conform to the approved environmental management plan. A comprehensive EA ensures a safe and healthy environment at all stages of project operations and decommissioning. An initial environmental audit and a control audit are conducted by a qualified and authorized environmental auditor or environmental inspector who is an expert or a firm of experts registered by the Authority. In the case of an ongoing project the Authority requires the proponent to undertake an initial environmental audit study to provide baseline information upon which subsequent environmental audits shall be based. Self Audits are carried out after the environmental impact assessment study report has been approved by the Authority or after the initial audit of an ongoing project. The proponent shall take all practical measure to ensure the implementation of the environmental management plan by carrying out a self auditing study on a regular basis. 4.3.4. The National Oceans and Fisheries Policy (2008) The policy is rooted in the provisions of the Convention on the Law of the Sea (1982), the Maritime Zones Act (1989) Section 5 and the Presidential Proclamation of June 2005. It affirms Kenya’s sovereignty over the exploration, exploitation, conservation and 30 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report management of ocean resources. It focuses on resource management in territorial waters and the EEZ. It addresses most aspects of fisheries management and development, including environmental conservation, regional cooperation, research, surveillance and monitoring, social responsibility and governance. 4.3.5. The Regional Development Authorities Policy (2007) This policy calls for equitable socio-economic development through the sustainable use of natural resources by formulating integrated regional development plans in consultation with all those involved, closing gaps in regional resource mapping and attracting resourcebased investment that benefit communities. The policy is the framework for streamlining and strengthening the Coast Development Authority (CDA) and TARDA in coastal zone development and management. 4.3.6. The ICZM Policy The policy brings together all those involved in the development, management and use of the coastal zone within a framework that facilitates the coordination and integration of activities and decision-making processes. 4.3.7. The ICZM Action Plan (2010–2014) This is a first for Kenya as it protects fragile ecosystems while pursuing sustainable development. Its thematic areas are integrated planning and coordination; sustainable economic development; conservation of coastal and marine environment; environmental risks and management of shoreline change; capacity building, information and public participation; and implementation through institutional and legal frameworks. 4.3.8. Water Quality Regulations Water Quality Regulations apply to water used for domestic, industrial, agricultural, and recreational purposes; water used for fisheries and wildlife purposes, and water used for any other purposes. Different standards apply to different modes of usage. These regulations provide for the protection of lakes, rivers, streams, springs, wells and other water sources. 31 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report The objective of the regulations is to protect human health and the environment. The effective enforcement of the water quality regulations will lead to a marked reduction of water-borne diseases and hence a reduction in the health budget. The regulations also provide guidelines and standards for the discharge of poisons, toxins, noxious, radioactive waste or other pollutants into the aquatic environment in line with the Third Schedule of the regulations. The regulations have standards for discharge of effluent into the sewer and aquatic environment. While it is the responsibility of the sewerage service providers to regulate discharges into sewer lines based on the given specifications, NEMA regulates discharge of all effluent into the aquatic environment. The regulations provide for the creation of a buffer zone for irrigation schemes of at least fifty (50) metres in width between the irrigation scheme and the natural water body. Standards for irrigation water are given in schedule nine of the regulations. Everyone is required to refrain from any actions, which directly or indirectly cause water pollution, whether or not the water resource was polluted before the enactment of the Environmental Management and Coordination Act (EMCA) gazetted in 1999. It is an offence to contravene the provisions of these regulations with a fine not exceeding five hundred thousand shillings 4.3.9. Waste Management Regulations The Minister for environment and natural resources gazetted these regulations in 2006.These Regulations may be cited as the Environmental Management and Co-ordination (Waste Management) Regulations, 2006. Waste Management Regulations are meant to streamline the handling, transportation and disposal of various types of waste. The aim of the Waste Management Regulations is to protect human health and the environment. Currently, different types of waste are dumped haphazardly posing serious environmental and health concerns. The regulations place emphasis on waste minimization, cleaner production and segregation of waste at source. 4.3.10. 2007) Controlled Substances Regulations, 2007 (Legal Notice No.73 of The Controlled Substances Regulations defines controlled substances and provides guidance on how to handle them. This regulation mandates NEMA to monitor the activities of persons handling controlled substances, in consultation with relevant line ministries and departments, to ensure compliance with the set requirements. Under these regulations, 32 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report NEMA will be publishing a list of controlled substances and the quantities of all controlled substances imported or exported within a particular. The list will also indicate all persons holding licenses to import or export controlled substances, with their annual permitted allocations. The regulations stipulate that controlled substances must be clearly labeled with among other words, “Controlled Substance-Not ozone friendly’’) to indicate that the substance or product is harmful to the ozone layer. Advertisement of such substances must carry the words, “Warning: Contains chemical materials or substances that deplete or have the potential to deplete the ozone layer.” Producers and/or importers of controlled substances are required to include a material safety data sheet. Persons are prohibited from storing, distributing, transporting or otherwise handling a controlled substance unless the controlled substance is accompanied by a material safety data sheet. Manufacturers, exporters or importers of controlled substances must be licensed by NEMA. Further, any person wishing to dispose of a controlled substance must be authorized by NEMA. The licensee should ensure that the controlled substance is disposed of in an environmentally sound manner. These regulations also apply to any person transporting such controlled substances through Kenya. Such a person is required to obtain a Prior Informed Consent (PIC) permit from NEMA. 4.3.11. The Environmental Management and Coordination Act (Conservation Of Biodiversity Diversity and Resources, Access To Genetic Resources And Benefit Sharing) Regulations, 2006 Kenya has a large diversity of ecological zones and habitats including lowland and mountain forests, wooded and open grasslands, semi-arid scrubland, dry woodlands, and inland aquatic, and coastal and marine ecosystems. In addition, a total of 467 lake and wetland habitats are estimated to cover 2.5% of the territory. In order to preserve the country’s wildlife, about 8% of Kenya’s land area is currently under protection. Kenya has established numerous goals, as well as general and specific objectives that relate to these issues, among others: environmental policies and legislations; involvement of communities; documentation of national biological resources; sustainable management and conservation of biodiversity; fair and equitable sharing of benefits; technical and scientific cooperation; biodiversity assessment; dissemination of information; institutional and community capacity building; and integration of biodiversity concerns into development planning. 33 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 4.3.12. Air Quality Regulations, 2008 This regulation is referred to as “The Environmental Management and Coordination (Air Quality) Regulations, 2008”. The objective is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. It provides for the establishment of emission standards for various sources, including as mobile sources (e.g. motor vehicles) and stationary sources (e.g. industries) as outlined in the Environmental Management and Coordination Act, 1999. It also covers any other air pollution source as may be determined by the Minister in consultation with the Authority. Emission limits for various areas and facilities have been set. The regulations provide the procedure for designating controlled areas, and the objectives of air quality management plans for these areas. The following operations (provided they are not used for disposal of refuse), are exempt from these regulations: Back-burning to control or suppress wildfires; Fire fighting rehearsals or drills conducted by the Fire Service Agencies Traditional and cultural burning of savanna grasslands; Burning for purposes of public health protection; The Proponent shall observe policy and regulatory requirements and implement the mitigation measures proposed in this document in an effort to comply with the provisions of these Regulations on abatement of air pollution. 4.3.13. Noise and Excessive Vibration Pollution Control Regulations, 2009 These regulations were published as legal Notice No. 61 being a subsidiary legislation to the Environmental Management and Co-ordination Act, 1999. The regulations provide information on the following: Prohibition of excessive noise and vibration Provisions relating to noise from certain sources Provisions relating to licensing procedures for certain activities with a potential of emitting excessive noise and/or vibrations and Noise and excessive vibrations mapping According to regulation 3 (1), no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. Regulation 4 prohibits 34 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report any person to (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30 metres from any moving source. Regulation 5 further makes it an offence for any person to make, continue or cause to be made or continued any noise in excess of the noise levels set in the First Schedule to these Regulations, unless such noise is reasonably necessary to the preservation of life, health, safety or property. The Proponent shall observe policy and regulatory requirements and implement the measures proposed in this documenting an effort to comply with the provisions of the Regulations. 4.3.14. Wetlands, River Banks, Lake Shores and Sea Shore Management Regulation, 2009 This Act applies to all wetlands in Kenya whether occurring in private or public land. It contains provisions for the utilization of wetland resources in a sustainable manner compatible with the continued presence of wetlands and their hydrological, ecological, social and economic functions and services. The project traverses several rivers and streams. The Proponent shall comply with the provisions of the Act in protecting wetlands, preventing and controlling pollution and Siltation in rivers. 4.3.15. Prevention of pollution in coastal Zone and other segments of the environment) regulation, 2003 This Regulation is referred as the Environmental (Prevention of Pollution in Coastal Zone and other Segments of the Environment) Regulations. The objective is to provide for prevention, control and abatement measures of shipping activities to ensure harmful substances or effluents are not released into the sea or ocean. The Proponent shall comply with the provisions of the regulation in protecting coastal environment. 4.3.16. The Kenya Maritime Authority Act (2006) The act established the Kenya Maritime Authority, which advises the government on legislative and other measures for implementing international conventions, protocols and 35 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report agreements. It also safeguards the marine environment from pollution and responds to marine environment incidents. 4.3.17. The Fisheries (Beach Management Unit) Regulations (2006) The regulations support co-management. Beach management units (BMUs) allow fishers to manage their landing sites and in so doing conserve the biodiversity and livelihood of coastal communities. Port-Reitz BMU is one of the 33 BMUs situated along the Kenya coast. 4.3.18. The Marine Zones Act No. 6 of 1989 This act is one of the statutes, which has been enacted by Kenya for application to territorial waters and the continental self. The Act is meant to provide for the delimitation of the exclusive economical zone of Kenya. It is also meant to provide for the exploration conservation and management of the resources of the maritime zones. Section 5 of the Act provides for Kenya’s sovereignty with respect to the exploration, conservation and management of the resources in the zone. Section 9(1) (b) specifically mandates the minister to make regulations for prescribing measures for the protection and preservation of the marine environment. 4.3.19. The Coast Development Authority Act This act was enacted in 1990 with the sole aim of providing for the establishment of an authority to plan and coordinate the implementation of development projects in the whole of the Coast province and in the exclusive economic zone. The jurisdiction of the Coast Development Authority covers any part of the Coast province within Lamu, Mombasa, Malindi, Kilifi, Tana River, Kwale and TaitaTaveta districts including the southern half of Garissa district and the exclusive economic zone. The principal function of the Coast Development Authority is to oversee the implementation of sustainable projects and development within its areas of jurisdiction. Section 8 (6) of the Act mandates CDA to develop up to date long range development plans for the area. 4.3.20. The Fisheries Act Cap 378 The act provides for the development, management, exploitation, utilization and conservation of fisheries resources in Kenya. Its most relevant provisions that relate to pollution control from land based sources include part X of the Act which provides for measures on prevention, protection, and conservation of fishery waters. Kenya’s fishery waters include also waters of the maritime zones. Regulation 59 of the Act declares Kenya’s 36 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report entire fishery waters pollution prevention zones. Regulation 60 prohibits the discharge of waste into any of Kenya’s fishery waters. 4.3.21. The Wildlife (Management and Conservation) Act This Act was enacted to consolidate and amend the law relating to the protection, conservation and management of wildlife in Kenya, and for purposes connected therewith and thereto. Section 9 of the Act states that ‘the Director of Wildlife Conservation shall, through the officers of the service, control, manage and maintain all national parks’. It also states that within the National Park, the Director may: Reserve or set aside any portion of the park as a breeding place for animals or as nurseries for vegetation; Authorize the construction of such roads, bridges, airfields, buildings and fences, the provision of such water supplies, and the carrying out of such other works, as may be necessary for the purposes of the park; With the approval of the Minister, let sites for the erection of hotels, or other accommodation for the visitors to the park Provided that nothing in any document connected with the letting shall be construed as in any manner abridging the overall control of the Park by the Service, or as preventing the Director from giving directions as to the manner in which the premises concerned shall be managed. 4.3.22. The Occupational Safety and Health Act, 2007 This Act applies to all workplaces where any person is at work, whether temporarily or permanently. The purpose of this Act is to secure the safety, health and welfare of persons at work, and protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work. Some of the areas addressed here are machinery safety, chemical safety and health, safety and welfare special provisions are also provided in the ILO conventions on safety and health in construction recommendation, 1988 R175. 4.3.23. Public Health Act 1986 Revision The public Health Act regulates activities detrimental to human Health. An environmental nuisance is one that causes danger, discomfort or annoyance to the local inhabitants or which is hazardous to human health. Although the Act is primarily concerned with domestic water supplies and sources of water used for human consumption, its regime may 37 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report be extended to cover rivers, streams, lakes and underground water resources since these are the basic water sources for the majority of Kenya’s population. It also outlines the standards of construction of various facilities of any place. In terms of air pollution thermal plants are said to emit a variety of gases, volatile organic compounds and particulate matter depending on the amount and type of fuel used and method used for burning. It is therefore necessary to monitor the air pollution. The Act prohibits activities (nuisances) that may be injurious to health. The primary purpose of the Act is to secure and maintain public health. It defines nuisances on land and premises and empowers public health authorities to deal with such conditions. Part IX, section 115, of the Act states that no person/institution shall cause nuisance or condition liable to be injuries or dangerous to human health. Section 116 requires that Local Authorities take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable to be injuries or dangerous to human health. On responsibility of the Local Authorities Part XI, section 129, of the Act states in part “It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures for preventing any pollution dangerous to health of any supply of water which the public within its district has a right to use and does use for drinking or domestic purposes. Section 130 provides for making and imposing regulations by the local authorities and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129. This provision is supplemented by section 126A that requires local authorities to develop by laws for controlling and regulating among others private sewers, communication between drains, power lines, and sewers as well as regulating sanitary conveniences in connection to buildings, drainage, cesspools, etc. for reception or disposal of foul matter. Part XII, Section 136, states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitates the breeding or multiplication of pests shall be deemed nuisances and are liable to be dealt with in the matter provided by this Act. 4.3.24. The Water Act, 2002 The water Act, 2002 provides the legal framework for the management, conservation, use and control of water resources and for the acquisition and regulation of right to use water in Kenya. It also provides for the regulation and management of water supply and sewerage services. In general, the Act gives provisions regarding ownership of water, institutional framework, national water resources, management strategy, requirement for 38 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report permits, state schemes and community projects. Part IV of the Act addresses the issues of water supply and sewerage. Specifically, section 59 (4) of the Act states that the national water services strategy shall contain details of: Existing water services The number and location of persons who are not being provided with basic water supply and basic sewerage Plans for the extension of water services to underserved areas The time frame for the plan; and An investment programme 4.3.25. Land Act No. 6 288 of 2012 This Act of Parliament to gives effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes Under Conservation of land based natural resources, the act staes that: (1) The Commission shall make rules and regulations for the sustainable conservation of land based natural resources. (2) Without limiting what the Commission may prescribe under subsection (1),the rules and regulations may contain— (a) measures to protect critical ecosystems and habitats; (b) incentives for communities and individuals to invest in income generating natural resource conservation programmes; (c) measures to facilitate the access, use and co-management of forests, water and other resources by communities who have customary rights to these resources; (d) procedures for the registration of natural resources in an appropriate register; (e) procedures on the involvement of stakeholders in the management and utilization of land-based natural resources; and (f) measures to ensure benefit sharing to the affected communities 4.3.26. Employment Act No 11 of 2007 The Act is enacted to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratization of trade unions and employers organizations and federations. Its purpose is to promote sound labour relations through freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute the protection and promotion of settlement conducive to social justice and economic development for connected purposes. This Act is important since it provides for employer – employee relationship that 39 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report is important for the activities that would promote management of the environment within the energy sector. 4.3.27. Labour Institutions Act No. 12 of 2007 The purpose of the Act is to establish labour institutions and to provide for their function, powers and duties. The Act provides for the establishment of National Labour Board, which provides advice to the Minister on all matters concerning employment and labour. 4.3.28. Traffic Act Cap 403 This Act specifies that motor vehicles use proper fuel. The Traffic regulations promulgated under the Act specifies that every vehicle is required to be so constructed, maintained and used so as not to emit any smoke or visible vapour. 4.3.29. Penal Code Cap 63 Section 191 of the penal code states that if any person or institution that voluntarily corrupts or foils water from public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an offence. Section 192 of the same act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons/institution, dwelling or business premises in the neighbourhood or those passing along public way, commit an offence. 4.4. International Legal Framework 4.4.1. United Nations Convention on the Law of the Sea (UNCLOS) Part XII (Articles 192 to 237) of the UNCLOS is devoted to “Protection and Preservation of the Marine Environment” and the states are obligated to ‘protect and preserve the marine environment and take measures that are necessary to prevent, reduce and control pollution of the marine environment’. Article 207 of UNCLOS deals with “Pollution from Land-based Sources”, and provides that ‘states shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures’, among others. 40 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 4.4.2. Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972) The provisions of Article 3 and Article 4 of the Protocol requires relevant government agencies, private sector, and the coastal inhabitants to apply a precautionary approach so that the dumping of all waste other than that for which a permit has been issued by appropriate authorities such as NEMA and Municipal authorities. 4.4.3. Convention on Biological Diversity, 1992 (“CBD Convention”) The CBD convention has three main goals: conservation of biological diversity (or biodiversity); sustainable use of its components; and fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity. The agreement covers all ecosystems, species, and genetic resources. The Convention is legally binding; Kenya is obliged to implement its provisions. The Convention recognizes that ecosystems, species and genes must be used for the benefit of humans. However, this should be done in a way and at a rate that does not lead to the long-term decline of biological diversity. The convention also offers decision-makers guidance based on the precautionary principle that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat. Art. 6 of the Convention require all contracting Parties to “develop national strategies, plans or programs for the conservation and sustainable use of biological diversity. 4.4.4. The UNEP’s Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA) is also an important global programme The GPA draws its legal context primarily from Article 207 of UNCLOS and it is essentially an institutional-strengthening, technical-assistance and capacity-building programme. The GPA works through the existing UNEP’s Regional Seas Conventions to develop regional and national level action plans to protect the marine environment from land-based activities. The GPA has identified at least nine pollutant or source nodes including municipal wastewater, heavy metals, litter, nutrients, oil, physical alterations and destruction of habitats (PADH), sediment mobilization and persistent organic pollutants (POPs). The provisions of Section 55(7) of EMCA 1999 relate directly to Kenya’s obligations under UNEP’s GPA for the protection of the coastal environment from land-based sources. It mandates the minister to issue regulations to control 41 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report pollution in rivers and estuaries from pipeline and outfall structures in vessels, aircraft and other engines used in the coastal zones. 4.4.5. The 2002 World Summit on Sustainable Development (WSSD) and Johannesburg Plan of Implementation (JPOI) The WSSD Plan of Implementation (JPOI) includes provisions focused on the oceans, coasts and islands (Recommendations 30-36). The JPOI calls for effective reduction, prevention and control of waste and pollution and their health-related impacts by undertaking by 2004 initiatives aimed at implementing the GPA in small island developing states. This would include Mauritius, Seychelles and Comoros in the present case. 4.4.6. The UNEPs’ Regional Seas Programme The convention lays down a broadly uniform pattern of principles which have been adopted by a number of countries in the WIO region. Some countries have only included specific protocols on the prevention and combating of land-based sources of marine pollution. Good example is the 1985 Nairobi Convention and the 2010 LBSA Protocol. 4.5. Regional Agreements At regional level, a number of instruments are important. These include: 4.5.1. The Nairobi Convention The Nairobi Convention for the protection and the management of the coastal and marine environment in the Western Indian Ocean region is an important regional platform for addressing issues affecting the marine and coastal ecosystems of Western Indian Ocean through catalytic interventions, dialogue and partnerships (UNEP/Nairobi Convention, 2010). The contracting parties to the Nairobi Convention include Somalia, Kenya, Tanzania, Mozambique and South Africa and the island states of Seychelles, Comoros, Mauritius, Madagascar, including also France. The governments of these countries have agreed on a suite of national and regional collective actions that are required to address major stresses on the marine and coastal environment of the region. The objective of the Nairobi Convention is “…to prevent, reduce and combat pollution of the Convention area and to ensure sound environmental management of natural 42 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report resources using ...the best practicable means at their disposal and in accordance with their capabilities.” 4.5.2. The African Union’s 2050 Africa’s Integrated Maritime (AIM) Strategy AIM Strategy fosters wealth creation from Africa’s oceans, seas and inland waterways by developing a maritime economy and realizing the full potential of sea-based activities in an environmentally sustainable manner. The strategic action frameworks on fisheries and aquaculture, integrated marine tourism and leisure strategy for Africa, legal and regulatory regimes, maritime spatial planning, environmental and biodiversity monitoring, etc are particularly relevant to the project. The 2050 AIMS strategic objectives that are relevant are: (ii) engage civil society and all other stakeholders to improve awareness on maritime issues, (iii) enhance political will at community, national, regional and continental levels, (vi) minimize environmental damage and expedite recovery from catastrophic events, (ix) improve Integrated Coastal Zone/Area Management in Africa, among others. 4.5.3. Regional Economic Integration Agreements (REIAs) The activities of the SGR Project support the goals of the Eastern African Community (EAC), particularly the objectives of coordination, harmonization, and rationalization of policies and strategies for sustainable development in all areas of human endeavour including cooperation in the areas of natural resources and the environment. 4.5.4. Regional Economic Integration Agreements (REIAs) The activities of the SGR Project support the goals of the Eastern African Community (EAC), particularly the objectives of coordination, harmonization, and rationalization of policies and strategies for sustainable development in all areas of human endeavour including cooperation in the areas of natural resources and the environment. 4.5 International Maritime Conventions Some of the other important international maritime conventions include the following: Convention on the International Maritime Organization (IMO CONVENTION) 43 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974) International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 1969) International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (INTERVENTION 1969) International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 1969) International Convention on Maritime Search and Rescue, 1979 (SAR 1979) International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990, as amended (OPRC 1990) Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended (LC 1972) 4.6 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter The London Convention, one of the first international conventions for the protection of the marine environment from human activities, came into force on 30 August 1975. Since 1977, it has been administered by IMO. The London Convention contributes to the international control and prevention of marine pollution by prohibiting the dumping of certain hazardous materials. In addition, a special permit is required prior to dumping of a number of other identified materials and a general permit for other wastes or matter. Amendments adopted in 1993 (which entered into force in 1994) banned the dumping into sea of low-level radioactive wastes. In addition, the amendments phased out the dumping of industrial wastes by 31 December 1995 and banned the incineration at sea of industrial wastes. In 1996, Parties adopted a Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (known as the London Protocol) which entered into force in 2006. The Protocol, which is meant to eventually replace the 1972 Convention, represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials. Rather than stating which materials may not be dumped, it prohibits all dumping, except for possibly acceptable wastes on the so-called "reverse list", contained in an annex to the Protocol. The London Protocol stresses the “precautionary approach”, which requires that “appropriate preventative measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even 44 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report when there is no conclusive evidence to prove a causal relation between inputs and their effects”. It also states that "the polluter should, in principle, bear the cost of pollution" and emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another. The Contracting Parties to the London Convention and Protocol have recently taken steps to mitigate the impacts of increasing concentrations of CO2 in the atmosphere (and consequently in the marine environment) and to ensure that new technologies that aim to engineer the climate, and have the potential to cause harm to the marine environment, are effectively controlled and regulated. The instruments have, so far, been the most advanced international regulatory instruments addressing carbon capture and sequestration in subsea geological formations and marine climate engineering such as ocean fertilization. The 1996 Protocol restricts all dumping except for a permitted list (which still require permits). Article 4 states that Contracting Parties "shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1." The permitted substances are: 1. Dredged material 2. Sewage sludge 3. Fish waste, or material resulting from industrial fish processing operations 4. Vessels and platforms or other man-made structures at sea 5. Inert, inorganic geological material 6. Organic material of natural origin 7. Bulky items primarily comprising iron, steel, concrete and similar unharmful materials for which the concern is physical impact and limited to those circumstances, where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping. 8. CO2 streams from CO2 capture processes.(added under the amendments adopted in 2006, which entered into force in 2007). 45 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 5.0 5.1 CONSULTATIONS AND PUBLIC PARTICIPATION Introduction This chapter describes the process of the public consultation followed to identify the key issues and impacts of the proposed project. Views from the local residents, local leaders, surrounding institutions and development partners who in one way or another would be affected or rather interested in the proposed project were sought through interviews and public meetings as stipulated in the Environment Management and Coordination Act, 1999. 5.2 Objectives of the Consultation and Public Participation The objective of the consultation and public participation was to: 1) Disseminate and inform the stakeholders about the project with special reference to its key components and location. 2) Gather comments, suggestions and concerns of the interested and affected parties. 3) Incorporate the information collected in the EIA study. In addition, the process enabled: 1) The establishment of a communication channel between the general public and the team of consultants, the project proponents and the Government. 2) The concerns of the stakeholders to be known to the decision-making bodies at an early phase of project development. 5.3 Methodology used in the CPP The Consultation and Public Participation (CPP) Process is a policy requirement by the Government of Kenya and a mandatory procedure as stipulated by EMCA 1999 section 58, on Environmental Impact Assessment for the purpose of achieving the fundamental principles of sustainable development. The environmental impact assessment public consultation exercise was conducted between 12thNovember, 2014 and 18th November, 2014 and a public meeting was held on 16th December, 2014 at Kaskazi Beach Resort Diani and 14th January, 2015 at Waa Shopping centre. The public consultation exercises were conducted by a team of experienced registered environmental experts in three ways, namely, (i) focus group and Key informant interviews and discussion, (ii) field surveys and observations and (iii) filling questionnaires and a public consultation meeting held at 46 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Kaskazi Beach Hotel, Diani, Kwale County which captured the concerns of key stakeholders that maybe affected by the Sand harvesting and dumping activities. Identification of the specific issues from the stakeholders responses, which provided the basis upon which the aspects of the Environmental Impact Assessment were undertaken. The purpose for such interviews was to identify the positive and negative impacts and subsequently promote proposals on the best practices to be adopted and mitigate the negative impacts respectively. It also helped in identifying any other miscellaneous issues which may bring conflicts in case project implementation proceeds as planned. Plate 3: Lead Consultant addressing Attendants of the Public Meeting held at the Kaskazi Beach Hotel, Diani, Kwale County 47 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Plate4: Attendants at meeting expressing their views and concerns 5.4 Background From the field work, it was apparent that the majority of the stakeholders were not aware of the proposed project, therefore the consultant, on behalf of the proponent, explained to the public and relevant stakeholders that the proposed development would involve sand harvesting along Tiwi and Waa area, Kwale County. The process also responded to the queries that the public sought to know about the project. During the EIA process consultations were conducted with Lead agencies and members of the public. Key stakeholders consulted include Kenya Wildlife Service (KWS), Kenya Marine and Fisheries Institute (KEMFRI), Kenya Maritime Authority, Department of fisheries Kwale County, Kenya Ports Authority (KPA), South Coast Residents Association and registered beach management units (BMU’s) among others as listed (see appendix). The lead environmental regulator, National Environment Management Authority was also briefed on the proposed activities and preliminary findings of the EIA study. The key stakeholders, Lead Agencies and local communities independently gave their views, opinions, and suggestions as in the best of their interest and in the interest of the factors that affected the circumstances, influences, and conditions under which they exist in. See appendix for the list of participants in the CPP by interviews through questionnaires. However, all the environmental issues which were raised can be adequately mitigated as exhaustively explained in chapter seven of this report. 48 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 5.5 Issues Raised Interviews with the stakeholders were conducted between 12thNovember, 2014 and 18th November, 2014 and a public meeting was held on 16th December, 2014 through administering well-structured questionnaires and collecting views and concerns through a public meeting of those that would be affected by the project. Plate 5: Lead consultant giving presentation at key stakeholder consultative meeting held KMA 5.5.1 Positive Issues The following is a summary of the views of the local community and stakeholders interviewed and in attendance at the public meeting held at Kaskazi Beach Hotel in Diani, Kwale County: The project is good for the development of the county and the country as a whole, however it should not be undertaken within the marine protected area i.e. Diani Chale National Marine Park (GPS coordinates latitude 4.249S Longitude 39.500E – 39.623E) The project will improve businesses in the country and also create numerous job opportunities during site preparation and operational phases. 49 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 5.5.2 Negative Issues The Sand harvesting and waste soil dumping project would have some social economic and environmental impacts as viewed by the surrounding community. However some of the stakeholders had a few reservations about the project and raised the following concerns: There will be temporary disruption of fishing activities as a result of increased vessel traffic during the sand harvesting and dumping period There will be loss of bottom habitat, marine life, fisheries and fishery food sources Possible interference with normal Port operations such as ships docking and ferries plying passengers along the Likoni Channel Turbidity of water column as a result of release of sediments during sand harvesting and offshore dumping. This would obstruct visibility thereby temporarily impairing activities of fishers There will be the danger of destruction of the reef at Tiwi and Waa area, Kwale County Disruption of tourism activities i.e. fishing, snorkeling, boat rides etc There will be likely pollution of the Indian Ocean in the offshore area 5.5.3 Recommendations and way forward EIA Consultant to involve and work with Government lead agencies in the project to avoid conflict in their opinions Avoid the Tiwi-Diani Coastal/ South Coast beach due to important tourism activities and its international importance Dredging to be done in close consultation to the County Government and local fishermen to reduce the negative impacts to local communities 50 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.0 IDENTIFICATION OF THE PROPOSED IMPACTS 6.1 Introduction This Section identifies both positive and negative impacts associated with the proposed sand harvesting project. These impacts are hereby identified at three distinct phases of the project i.e. –Site Preparation Phase, Operation Phase and Decommissioning Phase. 6.2 Operation phase Impacts 6.2.1 Negative Project impacts during Operation phase 6.2.1.1 Increased noise The activities which will occur during the operation phase of the project and use of dredging vessels will produce noise when conducting sand harvesting activities and when moving. It is expected that airborne noise is not a problem at sea, but underwater noise can have an effect on the ecosystem, especially on marine mammals and possibly fishes. However, there is some research that shows that underwater noise from other human activities can disturb marine mammals. Depending on frequency and source levels, marine mammals can avoid an area or even get hearing damage. Underwater sound is transported over large distances (depending on frequency and amplitude); the area in which effects could occur can be much larger than the extraction area. Studies done on bowhead whales that were exposed to dredger noise, recordings at broadband received levels of 122-131 dB, were displaced from the area. The whales stopped feeding and moved until they were 2km away from the sound source. Changes in behaviour of the bowhead whales were also spotted, as the whale vocalisations decreased and changes were also noted in their surfacing, respiration and diving patterns (Richardson et al. 1985a, 1985b). Although bowhead whales are not found in the Indian Ocean along Diani area other cetaceans especially small cetaceans such as harbour porpoises (Phocoenaphocoena) and the white-beaked dolphin (Lagenorhynchusalbirostris) have all been spotted regularly in the area. 6.2.1.2 Occupational safety and Hazards during operation The number of hopper vessels during the sand extraction activities and dumping will increase. This will in turn increase the risk of collisions, unless precautionary measures are taken. The sand once harvested will then be transported to the Port Reitz area: which will 51 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report also increase shipping movements. The risk of collisions will further be increased especially in intensively used areas, e.g. for fishing grounds and/or shipping lanes and the Likoni Ferry crossing area. Effects of a collision vary from minor to disastrous, depending on the kind of vessels involved and their cargo. However the risk will be minor, because there is a lot of experience of dredging in shipping lanes as witnessed during construction of Birth 19 at Port Reitz, Mombasa County. The amounts of vessels are very small compared to the regular shipping traffic. In addition the contractor will be working closely and in coordination with the Kenya Ports Authority (KPA) and Kenya Ferry Services to ensure smooth flow of vessel traffic and reduction in probability of collisions and accidents. 6.2.1.3 Nutrient & chemical release The marine sediment contains organic matter and nutrients. During extraction, organic matter and nutrient may be released both at the surface as dust plumes and or at the bottom as bottom plumes. This may cause an increase of nutrients in the water, which could enhance the primary production. Gubbay (2003) mentions in a study in Australia, wherever fine sand sediments were dredged; enhancement in benthic biota was noted. Seys (2003) concluded that due to extraction which probably enriched the waters through the release of organic material a strong increase of biomass was found at a study area 100 km east of Hull. Another potential less positive effect of marine sand harvesting is the decrease of oxygen levels caused by disturbance of anaerobic sediment layers (Gubbay, 2003). According to Wijsman and Anderson (2004), the release of nutrients and other oxygen consuming compounds from the interstitial water during sand extraction will be insignificant, as the content of organic matter and nutrients are very low in oxygenated sand and gravel dynamic areas. Another effect is the release of contaminants like heavy metals from the sediment. It is expected that only the upper layer of the sediment contain contaminants. 6.2.1.4 Impact on Fish & other sight feeders Visual feeders as fish, birds and marine mammals are mostly likely to be negatively affected by increased turbidity levels during sea sand harvesting and dumping of waste soil and mud activities. The reduced visibility through the water column may affect localization and capturing of prey. Changes in the spectral composition and in polarization patterns of light may also contribute to a decrease in the success rate of catching prey (Essink, 1999). This will affect the local fishermen who depend on fish and other marine life for their livelihoods. 52 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.2.1.5 Effects of removing marine aggregates One of the more obvious effects of sea sand extraction is removal of sediment. The vessel hopper leaves extraction tracks which can take up to several years for the sand dredging tracks to erode or recover after sand harvesting has ceased, dependent on the dynamicity of the environment. When the local habitat is destroyed, and changes occur in the bottom surface and sediment composition, depending on the size of the sand harvesting area, effects can range between being a minor effect to a significant effect. The extraction activity may also inadvertently create an abundance of food in the form of damaged animals like bivalves or crustaceans. This can temporarily enhance numbers of fish and marine mammals present in the area. Depending on the sand harvesting strategy and the scale of the sand harvesting activity, several effects have been predicted for fisheries. Removing large areas of top sand (through dredging); which are rich in benthic species, have been signaled to cause an effect on plaice, both on the population and conditions that are suitable for plaice to successfully spawn (Rozenmeijer, 1999). 6.2.1.6 Recreational and Commercial Fisheries During public consultations with hotel owners and local community along Diani Beach area, concerns were raised on the impact of sand harvesting on recreational and commercial fisheries activities. This consists of harvestable fish, crustaceans, shellfish, and other marine organisms used by humans. There was a general concern that sand harvesting along would the Diani Beach area would affect the suitability of recreational and commercial fishing grounds as habitat for populations of consumable marine. The stakeholders were concerned that sand harvesting activities would interfere with the reproductive success of recreational and commercially important marine species through disruption of spawning and migratory areas. They were also concerned that sand harvesting and waste soil dumping operations may alter the beauty of natural marine ecosystems by degrading water quality and modifying vital elements that contribute to the diversity of an area. However after numerous consultations the plan to harvest sand along Diani area was shelved and an alternative site identified. Therefore no sand harvesting will be conducted along the Diani area. 53 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.2.1.7 Parks, National and Historical Monuments, National Seashores, Research Sites, and similar Preserves Concerns were raised by the Kenya wildlife Service (KWS) on the impact sand harvesting and waste dumping would have on areas designated as Marine parks i.e. Diani Chale National Marine Park (GPS coordinates latitude 4.249S Longitude 39.500E – 39.623E) These parks consist of areas designated by the Kenya Government and State laws or local ordinances to be managed for their aesthetic, educational, historical, recreational, or scientific value. It was therefore raised as a concern that sand harvesting in or near such areas may modify the aesthetic, educational, historical, recreational, and scientific qualities thereby reducing or eliminating the uses for which such sites are set aside and managed. To mitigate against any negative environmental impacts in the area designated as a marine park i.e. (Diani Chale National Marine Park - GPS coordinates latitude 4.249S Longitude 39.500E – 39.623E), an alternative site was identified by the contractor to conduct the sea sand harvesting and is defined by the following latitudes and longitudes coordinates Point 1.4°11' 50.61" S, 39°37' 23.83" E, Point 2.4°11' 55.74" S, 39°37' 48.16" E, Point 3.4°7' 21.43" S, 39°40' 42.96" E, Point 4. 4°7' 8.71" S, 39°40' 17.33" E. proposed Area 1# (Proposed alternative area) this is in addition to an area identified earlier that falls outside the marine park defined by the following latitude and longitude coordinates Point 1.4°11' 50.61" S, 39°37' 23.83" E, Point 2.4°11' 55.74" S, 39°37' 48.16" E, Point 3.4°14' 52.41" S, 39°36' 27.63" E, Point 4. 4°14' 52.75" S, 39°36' 58.04" E. (Proposed Area 2# - which was included in the previous proposed area but falls outside the marine park) 54 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Figure 9: Image showing alternative site for sea sand harvesting outside the marine park 6.2.1.8 Mitigation Impacts of dredging on the Mombasa Marine National Park and Diani Chale Marine National Reserve As per the consultations at the KMA on 21/01/2015 and subsequent visits to the site, it was pointed out that the Marine National parks and Reserves will not be included in the dredging area. This implies that the dredging exercise will not directly impact the habitats within the two Marine Protected Areas. However, due to the nature of the ocean circulations (tides, currents and waves), the area of influence of the dredging exercise requires compliance with the following:- 1. The dredge spoil dumping site will be located at the agreed and identified site in the last dredging exercise done at the port. This site shall be located 4 km from the nearest sensitive marine habitats. Further, the depth of the dumping site must be at least 200 meters. 2. That any form of disturbance of the Marine Protected Areas shall be avoided and the appropriate buffers established to eliminate the impacts of sediments on the protected habitats within the MPAs. This shall take into consideration water currents and direction of the winds so that sediment doesn’t get deposited in the 55 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report protected areas. 3. That the dredging exercise will consider the appropriate water depth taking into consideration the limits of sensitive marine ecosystems (seagrass beds and coral reefs). 4. That despite the fact that the dredging area is over 10km from the ecologically sensitive sites, if by chance any of the key species noticed shall be protected during the dredging exercise, with special considerations being paid to foraging, spawning aggregation sites. To eliminate the threat of targeting the spawning aggregation sites, it is essential that these sites be kept confidential. 5. That the pre-dredging assessment will be done to establish the baseline. During the exercise, monitoring will be done continuously, and after dredging, monitoring will continue for a relevant period of time to establish recovery of the system. This is critical in informing future dredging exercises along the Kenyan coast. 6. That the sites of importance to tour operators and tourists shall be safeguarded and where appropriate alternative sites shall be set up or identified degraded sites restored for use by tourists. 7. Negotiations with affected parties (e.g. fishermen etc.) shall be held and appropriate compensation mechanisms adopted. 8. That utmost precaution and care shall be taken in protecting the critical habitats and sites of importance to local communities, user groups (fishers, tour operators and tourists) and appropriate remedial actions taken to address emerging issues both during and after the dredging exercise. 6.2.1.9 Effect on the water column and sea floor As a result of the sand harvesting process there will be disturbance of sediments and particles on the sea bed. The particles that are suspended in the water column (surface and bottom plumes) will have varying effects on the biota, both if the particles are settling and if they are in the water stage. When these particles that absorb light and cause backscattering are found in the water column, it is referred to as turbidity (CEDA, 2000). High turbidity is caused by high content of fine sediments and/or organic particles. High turbidity levels (or high levels of sediment suspension) can be harmful to the benthic vegetation and fauna due to shading (blocking of sunlight) and the burial by the suspended sediment released by dredging (Dankers, 2002). This effect only occurs when the turbidity level is significantly higher that the natural variations in turbidity and sedimentation in the area (CEDA, 2002). Ecological effects of dredging in the water stage are dependent on a number of factors, which include: the method of extraction, the sediment type (including the content of fines in the extraction site), rate and amount of sediment (figure 6). 56 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Figure10: Ecological effects of sand dredging (from Dankers, 2002). 6.2.1.10 Physical destruction and disturbance of benthic habitat Regardless the sand harvesting technique, the benthic life will be destroyed on the proposed site, through either removal, smothering or destruction caused by the dredge head. The significance of the impact depends on among others the value of the local community (e.g. presence of threatened or declining species or staple food for other species), the dimensions of the area and the recovery rate of the benthic community. The loss of the local benthic fauna can have effects further down food chains. However, links and effects at higher trophic levels are not well known (Gubbay, 2003). Depending on the sand harvesting strategy and the scale of the activity, several effects have been predicted for fisheries. Removing large areas of top sand (through dredging); which are rich in benthic species, have been signaled to cause an effect on plaice, both on the population and conditions that are suitable for plaice to successfully spawn (Rozenmeijer, 1999). It is important to realize that ecological effects because of the settling sediment also can occur in a larger area than the extraction and during an extended period. Moreover, the effect of smothering or burial of benthic species does not only occur due to the settling plumes. It also occurs during shore face nourishment (beach nourishment by bringing sand close to shore into the water column to wash ashore) or when sand is temporarily dumped at a location before is carried away for further use. 57 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.2.1.11 Disruption of fishing activities during sand harvesting During the public consultations with the department of fisheries, Kwale County it was evident that Tiwi and Waa area and adjoining ecosystems of the open sea are very productive and provide vital spawning and breeding grounds for marine life hence playing an important role in recruitment to the fishery. The proposed sand harvesting is expected to cause partial or permanent loss of major fishing grounds. This will mean a loss in terms of livelihoods, food security and national income and an impact on development on the local fishing industry. The local community may be forced to relocate to other grounds or look for alternative source of livelihood. The dependents to the fishery may also have to seek alternative source of cheap protein. All these adjustments may take a while and put the dependents into risk of financial instability. This situation may be mitigated by providing fishermen with alternative fishing sites and alternative sources of income generating activities. The fishermen operating within the proposed site that are likely to be affected by the sand harvesting activities are mainly members of the Tiwi BMU Nyari/Kikadini BMU. However, other fishermen from Mwakamba BMU, Mwaepe BMU, ChaleJeza BMU also operate within the Tiwi and Waa area. Fish landing sites identified during stakeholder consultations with the Kwale county fisheries department are Ng'ombeni landing site, Denyenye landing site, Kikadindi landing site, Nyari landing site and Tiwi Mkunguni landing site. The fish species composition commonly available between Tiwi and Waa area are listed in the table below and income obtained from catches attached in the appendices. 6.2.1.12 Reduced water depth (accretion) The water depth will reduce at the site where mud will be dumped. The reduction is however expected to be small due to low volume of mud that will be dumped. Also, redistribution of the deposited mud will further reduce the overall impact on the bathymetry of the site or location. 6.2.1.13 Increased deposition of mud in coastal beaches The materials that will be dumped at the proposed site have a relatively high proportion of clay mud. These will be transported by the East African Coastal Current and tidal currents into the nearby beaches. The deposition of clay sediments is expected to be significant in the region within the vicinity of the dumping site. This may lead to an increase in the mud deposition in few beaches situated between Likoni and Waa. This will reduce the touristic and recreational value of sandy beaches in the area in the short term during the construction and thereafter for a limited period of time. 58 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.2.1.14 Modification of water circulation patterns This activity is likely to temporally modify the bathymetry. This has potential of modifying the water circulation dynamics in the area, by changing the tidal current patterns. This impact is however expected to be insignificant in view of the small period of the activity. 6.2.1.15 Smothering of corals and sea grass beds/ benthic organisms The dumping of mud has the potential of smothering corals and sea grass beds and other associated organisms within the coral reef platforms situated along Likoni – Shelly Beach area. The coral reefs and sea grass beds located north of the dumping site will not suffer significantly due to progressive reduction in sediment load as the turbidity plume is transported northward by the East African coastal current. However, due to the fact that the coral reefs along the Kenya coast are already under severe stress due to climate change (increased sea surface temperature), any additional stress is expected to significantly affect them. 6.2.1.16 High TSSC and sediment loading The dumping of mud in the area will drastically increase the concentration of the total suspended solids. This has the potential of increasing the turbidity and reducing the aesthetics/recreational value of the sea in the area. This impact is however expected to be short-lived due to rapid settling of the cohesive sediments. The impact will thus be experienced for duration of the project. Once the dumping project stops, the sea will revert to its baseline TSSC level. 6.2.1.17 Reduced productivity of (phytoplankton, zooplankton and fish): The increased turbidity as a result of dumping of mud in the area will reduce the penetration of solar radiation (light) into the deeper layers of the water column. This has the potential of reducing primary productivity by limited the photosynthetic processes of the algae and phytoplankton. This will affect the linked marine food chain and ultimately the fisheries productivity. The impact is however expected to be short-lived since once the turbidity levels improves on cessation of dumping, the area will revert to its baseline productivity levels. 59 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.2.1.18 Fluxes of sediment bound contaminants The dumping of mud in the area will lead to the release into the water column of the clay bound contaminants and nutrients. The rate of release will be a function of many factors, but the most important include the level at which the mud are released into the water column. The concentration of contaminants and nutrients is therefore expected to increase at the site of dumping and the surrounding areas. This impact is expected to be experienced on short- term to medium term due to slow release of contaminants bound in clay sediments. Some of the contaminants will include the heavy metals and polycyclic hydrocarbons. The mud extracted at the Port-Reitz beach site is expected to have high levels of contaminants in view of the past pollution events in the area as well as continual discharges from the Port and the Industrial Area. 6.2.1.19 Modification of marine ecosystems The dumping of mud will smother marine benthic organisms within the vicinity of the dumping site. This has potential to affect the linked marine organisms that are dependent on the marine benthos for their survival. This has the potential of affecting the marine biodiversity in the area. The impacts in this respect may be felt on the medium term in view of the long period of time required for the damaged marine ecosystem to recover. The impact would be most significant in the area where the actually dumping will take place. Further north, the impacts will be insignificant in view of the low sediment loading. 6.3 Positive Project impacts during Operation phase 6.3.1 Creation of employment opportunities When sand harvesting starts, employment opportunities will be created. Demand for skilled, semi-skilled and unskilled workers will rise and the locals will step in to fill the gap. While some of the workers will be sourced locally, others will come from outside. Some will work as site engineers, machine operators, mechanics, store keepers, waste handlers among others. Spillover effects will create additional indirect sources of employment. This will reduce the level of unemployment in the project area. 60 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.3.2 Optimal use of the sand resource Sand is a natural resource that can be used to conserve water as well as a source of revenue. Adherence to sand harvesting guidelines will ensure the local community and the government benefit from the sand harvesting as well as the revenue that will accrue from the harvesting. This will result to optimal use of the resource. 6.3.4 Improvement in infrastructure development The proposed sand harvesting activities will generally improve infrastructure as the sand will be used to construct the Port reitz terminal/station that forms part of the Nairobi – Mombasa Standard Gauge Railway. Key infrastructural development will entail construction of a railway terminal that will ease congestion at the port while ensure easy access and transportation through the standard gauge railway line. This will not only improve the local economy and the living standards of the inhabitants but the economy of the entire country as a whole. 6.3.5 Expansion of market base for local products On commencement of the proposed project, the workers will make use of consumables for their personal uses. The marine vessels and machineries will make use of consumables such as fuels and other petroleum products including spares for their maintenance. Such consumables will be sourced from the local markets, gas stations, supermarkets/stores and local farmers. This will definitely improve the market base for the same and improve the income of the traders involved. 6.3.6 Expansion of Port The construction of the new railway line and station to serve the port will facilitate the expansion of the Kilindini harbor to accommodate more shipping vessels. This makes the port more competitive in the Eastern Africa region. 6.3.7 Rapid movement of cargo and passengers The sea sand harvesting will be key towards providing the primary materials for construction of the railway Terminal at port Reitz area. The new terminal/ station will allow rapid movement of passengers and cargo. The rapid movement of cargo at the port will reduce freight charges for imported and exported goods. 61 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.4 Decommissioning phase impacts 6.4.1 Negative Environmental Impacts 6.4.1.2 Solid waste generation Closure of the sand harvesting site and demolition of the associated structures will result to generation of small quantities of solid wastes. The waste will contain materials that were used during the construction. Although demolition waste is generally considered less harmful to the environment since they are composed of inert materials, there is growing evidence that large quantities of such waste may lead to release of certain hazardous chemicals into the environment. This impact will however be minimal (value of 1) given that only limited structures will be established at the site. 6.4.1.3 Noise pollution The decommissioning related activities such as demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas. This will be as a result of the noise and vibration that will be experienced as a result of demolishing the sand harvesting related components. These impacts will, however, be minimal (value of 1) since the effects will be short term. 6.4.1.4 Loss of livelihood and economic ruin The establishment and operation of the project will bring about a lot of positive change to the lives of the people around it and also to the local economy. Decommissioning of the project will thus mean a reverse of these gains whereby many will lose their source of livelihood from jobs to business ventures hence directly leading to a decline of the area’s economic status and a drawback to the economy at large. These impacts will, however, be minimal (value of 1) since other sources of livelihood would have been established by the time decommissioning phase is reached. 6.4.1.5 Occupational hazards Demolition works will inevitably expose workers and the public to occupational health and public safety risks. In particular, working with heavy equipment, handling and use of tools engender certain risks. The workers are also likely to be exposed to risk of accidents and injuries resulting from accidental falls, falling objects, injuries from hand tools and other equipment. This impact will be minimal (value of 1) since the structures to be demolished will be few. 62 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 6.4.1.6 Exhaust emissions, waste soil and mud Particulate matter pollution is likely to occur during transportation of the residual wastes from the Port Reitz area. There is a possibility of suspended and settle-able particles affecting the Indian Ocean at the dumping site that may affect fishing activities. Exhaust emissions are likely to be generated during this period by the various machinery and equipment to be used for the exercise. This impact will, however, be minimal (value of 1). 6.4.2 Positive Environmental Impacts of Decommissioning Phase 6.4.2.1 Employment Opportunities For decommissioning to take place properly and in good time, several people will be involved as skilled or unskilled workers to carry out the demolition works. As a result, a small number of employment opportunities will be created during this phase of the proposed project. 63 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 7. MITIGATION MEASURES AND MONITORING PROGRAMMES 7.1 Introduction On the basis of the anticipated impacts of the proposed project activities, several mitigation measures are suggested in this report. It is important that the suggested mitigation measures are fully implemented in order to significantly reduce the adverse impacts of the project during the construction, operational and decommissioning phases of the project. The summary of anticipated adverse environmental impacts and proposed mitigation measures is given in the Table below. 7.2 Mitigation Measures during the Project Cycle 7.2.1 Disruption of fishing activities Fishers will not be able to fish during the project operation phase. The following mitigation measures will be put in place to mitigate the impact of disruption of fishing activities i. Compensation for fishermen in relation to loss of commercial fish catch should be considered ii. Access to fishing grounds after sand harvesting should be allowed and a fishing plan developed iii. Fishermen should be empowered to access alternative fishing grounds iv. Fishermen will also be encouraged to explore alternative sources of livelihood during the operation phase of the project. 7.2.2 Disposal of waste soil and mud Waste materials from Port Reitz Terminal site and any other from the sea sand harvesting activities i.e. soil and mud will be disposed of at a designated dumping site 4.5 – 5.6 km offshore Likoni under a different application for NEMA approval. The contractor will put in place the following measures to mitigate against any negative impacts during dumping: i. ii. iii. iv. Dumping will only be confined to the designated area at all times During dumping the waste material should be released at sea bottom to minimize plume generation No dumping will be done in biologically sensitive area such as existing coral reef, sea grass bed or any designated marine parks. Dumping should be done during low current periods to avoid significant impacts on biological sensitive areas due to turbid water dispersion at dumping site 64 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report v. vi. vii. viii. Continuous monitoring of the dumping site will be carried out to ensure that waste materials are being dumped at the appropriate site. Immediate action will be taken to stop any further dumping if monitoring reveals contamination of the marine ecosystem and reported immediately to authorities concerned Biodiversity monitoring should continue during sand harvesting and disposal of waste material to include threatened species. Environmental assessments of critical habitats (corals, seagrass beds and mangrove areas) should be undertaken for purposes of monitoring changes in biological communities, which may be affected by project works. 7.2.3 Suspended sediment effects on sessile and slow-moving invertebrates Generation of suspended sediment plumes during the dredging periods may have sublethal or lethal impacts on sessile and slow-moving invertebrates. Potential effects of the sand harvesting activity extend over the duration of and are expected to last few months). Currently the area is already under high turbidity regimes and existing organisms are adapted to those local high turbidity levels (see Adala et al., 2008). Elevated suspended sediment concentrations are a typical by-product of soft bottom marine sediment dredging activities. However this is of Low significance due to the medium duration and low intensity of the impact and therefore mitigation measures may not be necessary in itself but reductions in the amount of suspended sediment through use of appropriate civil technology will further reduce risks. 7.2.4 Suspended sediment effects on fish Generation of suspended sediment plumes in the dredging areas may have sublethal or lethal impacts on fish and/or may result in avoidance behaviour and potential effects are expected to extend over the duration of the dredging activities. Fish are mobile and will move out of the affected area. Effects on fish vary greatly and critical exposure levels can range from ~500 mg/l for 24 hours to no effects at concentrations of >10 000 mg/l over 7 days (Clarke and Wilber 2000). However, direct long-term impacts are unlikely to occur for fish as they are mobile and therefore will avoid any area affected by increased sediment loadings and are able to return once construction activity has ceased. Short-term impacts may occur by reducing the ability to find prey by visual feeders (Hecht and van der Lingen 1992). On the other hand, fish may be attracted by the ‘odour stream’ of crushed benthic organisms (Herrmann et al. 1999). The Significance of these impacts is low, due to short duration and low intensity of the impact and therefore Mitigation may not be necessary in itself but reductions in the amount of suspended sediment through use of appropriate civil technology will further reduce risks. 65 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 7.2.5 Suspended sediment effects on ichthyoplanktic stages Generation of suspended sediment plumes in the dredging areas may have an impact on ichthyoplanktic stages. someichthyoplankton may die. Fish eggs and larvae are generally more susceptible to elevated concentrations of suspended sediments; hatching can be delayed and feeding of larvae may be impaired. The adhesion of particles to eggs may cause loss of buoyancy resulting in the eggs sinking to the bottom (ICES ACME 1997).Significance of these impacts is however low, due to the medium duration of the impact and mitigation may not be necessary in itself but reductions in the amount of suspended sediment through use of appropriate civil technology will further reduce risks 7.2.6 Suspended sediment effects on phytoplankton productivity and other aquatic plants Generation of suspended sediment plumes in the dredging areas may reduce the productivity of phytoplankton and other aquatic plants. The potential effects are expected to extend over the duration of the dredging activity. Due to high concentration of organic matter in the sediments nutrient concentrations in pore waters are likely to be moderate to high and therefore risks of eutrophication due to introductions of nutrients to the water column are considered to be moderate, but this effect is likely to be offset by high uptake rates in the otherwise oligotrophioc Indian Ocean waters. Elevated suspended sediment concentrations are a typical by-product soft bottom marine sediment dredging activities and therefore the Significance is low, due to the low duration and high intensity of the impact. Mitigation may not be necessary in itself but reductions in the amount of suspended sediment through use of appropriate civil technology will further reduce risks. 7.2.7 Oil spill effects on mangroves and seabirds due to coating Accidental and/or operational oil spills form vessels during dredging periods or during the operational phase may affect mangroves and seabirds due to oiling. The duration as a result of these impacts is considered very long term, due to (1) potential damage to mangroves which takes several decade-years to clean, and (2), potentially reduced breeding success of seabirds. Oil-smoothed mangroves die and so do their ecosystem services, and (2) seabirds die or their breeding success is reduced and this may have international implications. No predictions are made for the likelihood of increases in oil spill with increased ship traffic or for possible accidents during dredging. Mangroves and birdlife thereon are protected in Kenya (mangroves – Kenya Forest Service; Birds – Kenya Wildlife Service and National Museums of Kenya), and impacts on them have international 66 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report implications through the Biodiversity Convention, Important Birdlife Areas, and IUCN conservation classification. Through KMA’s and KPA’s port and shipping regulations, and best practice procedures in place, seek to reduce probabilities of accidental and/or operational spills through enforcement of vessel traffic and oil spill management systems. However, due to devastating effects of even one large spill significance would remain high but mitigation can help reduce probabilities of accidents. 7.2.8 Oil spill effects on marine life and habitats Accidental and/or operational oil spills from vessels during dredging and the operational phase may affect marine life due to direct toxic effects and/or habitat alteration. However the significance of this impact is low as most of the potentially affected organisms are widely distributed in the region. Through KMA’s and KPA’s port and shipping regulations, and best practice procedures in place, the contractor will seek to reduce probabilities of accidental and/or operational spills through enforcement of vessel traffic and oil spill management systems. However, due to devastating effects of even one large spill significance would remain high but mitigation can help reduce probabilities of accidents. 7.2.9 Modification of sea bed sediment load i. ii. iii. iv. Continuous monitoring of the sea bed level during harvesting will be done Contractor will Strictly adhere to sand harvesting guidelines Contractor will continuously monitor sediment loads at both the sand harvesting site and the waste soil and mud dumping site Contractor will take action against major changes in sediment load and turbidity levels 7.2.10 Loss of bottom habitat, marine life, fisheries and fishery food sources resources Mitigation actions that can be undertaken to minimize the adverse effects of offshore sand harvesting include and are not limited to the following. The contractor should implement these and any other best practice measures to ensure that the impacts of sand harvesting are minimized; Location of Sand and Gravel Mining - The effects of mining operations can be minimized by the choice of the sand harvesting site. Some of the ways to accomplish this include: 67 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 1) Selecting a site and method of sand harvesting to minimize the extent of any plume; 2) Selecting a site that has been used previously for sand mining; and 3) Locating and confining to the site to minimize adverse impacts on wave and current processes and the death of organisms. Mining Technology - Sand harvesting technology should also be adapted to the needs of each site. In determining whether the operation sufficiently minimizes adverse environmental impacts, the applicant should consider: 1) Appropriate equipment or machinery, including protective devices, in activities related to sand and; 2) Appropriate maintenance and operation of equipment or machinery, including adequate training, staffing, and working procedures. Marine Animal Populations - Minimizing adverse effects on marine animal populations may be achieved by: 1) Avoiding changes in water current speed and circulation patterns which would interfere with the movement of animals; 2) Selecting sites or managing sand harvesting operations to prevent or avoid creating habitat conducive to the development of undesirable predators or species which have a competitive edge ecologically over indigenous animals; 3) Avoiding sites having unique habitat or other value, including habitat of threatened or endangered species; 4) Timing sand harvesting operations to avoid spawning or migratory seasons and other biologically critical time periods. Human Use - Minimizing adverse effects on human use characteristics may be achieved by: 1) Selecting sand harvesting sites and following proper harvesting procedures to prevent or minimize any potential damage to the aesthetically pleasing features of the marine site, particularly with respect to water quality; 2) Selecting sand harvesting and dumping sites which are not valuable as natural marine areas; 3) Timing sand harvesting and dumping operations to avoid the seasons or periods when human recreational activity associated with the marine site is most important; and 4) Following sand harvesting and dumping procedures, which avoid or minimize the disturbance of aesthetic features of a marine site or ecosystem. 68 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 7.2.11 Accidents and Occupational risks The proponent should detail an elaborate safety policy on site that will comply with local and international best practice. To reduce the workers accidents and hazards, the Proponent should develop and commit the contractors to Site Occupational Health and Safety rules and regulations as stipulated in the Occupational Safety and Health Act, 2007. In this regard, the Proponent is committed to provision of appropriate personal protective equipment, as well as ensuring a safe and healthy environment for construction workers as outlined in the EMP. Workers accidents shall be mitigated by enforcing adherence to safety procedures and preparing contingency plan for accident response. In addition, awareness, safety education and training will be provided through on job training, operational manuals and mounting of warning/caution signs at convenient locations. Other measures include: Recruitment of Environment Occupational safety and Health officer responsible to take charge of stipulated in the act Approvals of plans by Department of Occupational Safety and Health to integrate safety issues 7.2.12 Increased vessel traffic and traffic management The contractor will work closely with the Kenya Ports Authority (KPA) and Kenya Ferry services (KFS) to ensure smooth flow of vessel traffic to and from the terminal site at Port Reitz so as to ensure that normal operations in the port area are not affected. In anticipation of the impacts that this project is likely to cause the contractor should prepare a transport management plan in consultation with the key agencies at the port area. This will ease traffic movement of marine vessels, minimize or eliminate congestion and avert accidents that may be orchestrated by the activities of the project. 7.2.13 Risks of Accidents and Injuries to Workers Incidents, accidents and dangerous occurrences to workers will be mitigated through: i. Where possible, workers to take short course trainings on OHS and first aid ii. Provision of education and awareness on health and safety issues, complete with health and safety procedures. iii. Enforcement and adherence to safety procedures and preparation of contingency plan for accident response. iv. Provision of adequate drinking water and onsite sanitation facilities to avoid waterborne/water-based diseases. v. Employment of only trained and authorized persons to operate equipments. 69 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report vi. Use of Personal Protective Equipment (PPE). These shall include working boots, overalls, helmets, dust masks, goggles, earmuffs and gloves depending on the individual workers assignment. 7.2.14 Solid waste generation The proponent should: vii. Contract a waste handler to collect solid wastes regularly and dispose off in an approved manner viii. The proponent to provide waste collection bins ix. Designate a solid waste dump site where the wastes can be disposed before collection x. Practice solid wastes separation at the source xi. Sensitize the workers on solid waste management 7.2.15 Exhaust emission To mitigate exhaust emissions, it will be mandatory to: i. ii. iii. Ensure all machines and marine vessels are properly and regularly maintained Limit traffic movement and operations to efficient and necessary activities. Sensitize machinery operators to switch off engines when not being used. 7.2.16 Increased energy use To mitigate increased energy use, the following should be put in place: i. ii. iii. iv. Energy-saving bulbs are used Where possible, install solar power to run light duties Where possible avoid reliance on diesel run generators where feasible. Sensitize ship crews and machinery operators to switch off engines when not being used. 7.2.17 Loss of livelihood and economic ruin To mitigate increased loss of livelihood, it will be mandatory to: i. ii. iii. iv. Sensitize workers on alternative livelihoods before decommissioning Encourage workers to invest in social security scheme such as NSSF among others Proponent to practice corporate social responsibility Encourage saving culture among workers 70 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 7.2.18 Water Quality i. ii. iii. Avoid oil spills and other contaminants from machinery and vessels Direct waste water to the water treatment septic tanks Routine biological monitoring before during and after sand harvesting and dumping of marine habitats should be undertaken 71 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Table 7: Summary of Impacts and Mitigation Measures Project Phase Possible Impacts Vegetation clearance Disruption of wildlife habitat Soil erosion Noise pollution Construction Excess soils and rocks from excavation Exhaust emissions Water Quality Marine vessel cleanliness and sanitary facilities Mitigation Measures Carry out enrichment planting on the catchment Limit vegetation clearance on mandatory areas Limit traffic to designated areas as per site plan Control earthworks Avoid unnecessary killing of wildlife and marine life during construction phase If, possible allow for migration of wildlife during construction phase Restrict excavation to only designated areas Restrict vegetation clearance to key and designated areas Establish soil and water conservation structures such as terraces or cut-off ditches Restrict traffic to designated sites to avoid vegetation disturbance Sensitize workforce including operators of marine vessels and machinery Place signs to indicate construction activities Maintain/properly service all equipment Workers in the vicinity of high level noise to wear safety and protective gear This will be dumped only in designated dumping site and NOT in sensitive marine ecosystems and designated marine parks and reserves Unnecessary revving to be avoided Sensitize machinery operators to switch off engines Alternatively fuelled equipment be used where feasible Equipment be properly serviced and maintained Avoid oil spills and other contaminants from excavation machines and marine vessels Carry out regular water quality monitoring and testing Pay special attention to sanitary facilities on marine vessels Garbage should be disposed off periodically Enforce speed limits for marine vessels 72 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Waste material Disposal at sea Ensure that all options for disposal of waste materials at sea are comprehensively assessed. Operation Phase Effect on marine organisms Oil spill effects The consideration of upland alternatives for dredged material disposal sites must be evaluated before offshore sites are considered. Employ sediment dispersion models to characterize sediment resuspension and dispersion during operations. Use model outputs to design disposal operations, including measures to avoid and minimize impacts from suspended sediment and turbidity on living marine resources. Ensure that the site evaluation criteria developed for selection or designation of dredged material disposal sites have been invoked and evaluated, as appropriate Avoid waste material disposal activities in areas containing sensitive or unique marine benthic habitats (e.g., spawning and feeding sites, surface deposits of cobble/gravel substrate). Ensure that disposal sites are being properly managed (e.g., disposal site marking buoys, inspectors, the use of sediment capping and dredge sequencing) and monitored (e.g., chemical and toxicity testing, benthic recovery) to minimize impacts associated with waste material. Require appropriate monitoring to avoid and minimize individual and cumulative impacts of the disposal operations. Use seasonal restrictions when appropriate to avoid temporary impacts to habitat during critical life history stages (e.g., spawning, egg and embryo development, and juvenile growth). Ensure minimal effects to the existing ecology and fisheries Liaise with lead agencies to undertake marine environment Monitoring for sediment and siltation stress Routine biological monitoring that includes pre sand harvesting and dumping in marine habitats should be undertaken Adhere to KMA’s and KPA’s port and shipping regulations, and best practice procedures in place Develop a management plan on how to deal with hazardous substances, which incorporates plans for emergencies 73 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Suspended solid concentrations (Turbidity) Restrict overflow operation during sand harvesting and dumping Reduce sand harvested volume per day when suspended solid levels increase Where the effects are adverse, immediate corrective measures or alternatives should be Accidental oil spill Noise and vibrations Risks of Accidents and Injuries to Workers embraced. Independent monitoring of water and sediment quality and phytoplankton, coral and biota health Contain fuel and lubricant spills away from water sources Develop marine traffic management plan with relevant key organizations to ensure that risk of accidents and collisions that may cause oil spills do not occur Routine biological monitoring that includes pre sand harvesting of marine habitats should be undertaken Ensure that a thorough inventory and assessment of all potential contaminants on the vessel are completed Strictly adhere to sand harvesting guidelines Ensure noise silencers in machineries are in good condition Undertaking loud noise and vibration level activities during off-peak hours Sensitizing machinery operators to switch off engines or machinery that are not being used Ensuring that workers wear ear muffs and other personal protective gear/equipment Ensuring machines are switched off when not in use Short course trainings on OHS and first aid Provision of health and safety procedures. Enforcement of safety procedures Preparation of contingency plan for accident response. Strict adherence to project plans and building code Provision of adequate drinking water and onsite sanitation facilities Use skilled persons to operate construction equipments. Use of Personal Protective Equipment (PPE) Handrails should be installed around open areas and custom built frames, mesh grids and other structural components to provide compliant and safe working platforms over water 74 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Increased Energy Consumption Waste Water Solid wastes Public health and occupational safety Restricted access and displacement of source of livelihood Disruption of marine habitat and ecosystems Loss of livelihood and economic ruin Energy-saving bulbs are used Where possible, install solar power to run light duties Avoid reliance on diesel run generators where feasible. Machinery and marine vessel operators to switch off engines when not being used. Put off equipment (generators, concrete mixers,,etc) when not in use Ensure waste water from marine vessels is handled and disposed of by NEMA licensed waste handlers Contract a waste handler Provide waste collection bins on board marine vessels Practice solid wastes separation at the source Sensitize the workers solid waste management Ensure proper solid disposal and collection facilities Ensure dustbin cubicles are protected from animals, rains and are well covered Provide suitable safety gear for all personnel, especially those working in the laboratory Ensure proper disposal of waste water Compensation scheme for opportunities lost before operation of project Conduct continuous consultation with affected people Employ locals at all stages of the project cycle Procure local products and services Routine biological monitoring before during and after sand harvesting and dumping of marine habitats should be undertaken Identify the locations of any sensitive marine habitats in the area in advance. Liaise with lead agencies to undertake marine environment monitoring for sediment and siltation stress Alternative livelihood after contract Encourage workers to invest in social security scheme such as NSSF among others Proponent to practice corporate social responsibility Encourage saving culture among workers 75 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 8. ANALYSIS OF PROJECT ALTERNATIVES This section analyses the project alternatives in terms of site and technology options. 8.1 No Project Option The No Project option in respect to the proposed project implies that the status quo is maintained. This option is the most suitable alternative from an extreme environmental perspective as it ensures non-interference with the existing conditions. This option will however, involve several losses both to the proponent, government and the society as a whole. The No Project Option is the least preferred from the socio-economic and partly environmental perspective due to the following factors: There will be no added values to the proposed project site. Lack of attempts to achieve Vision 2030, working toward sustainable development. There will be no added value to other establishments in the neighbourhood. The proponent will not benefit from the revenue expected from the project. The government kitty will not benefit from the revenue to be earned due to the proposed project. The economic status of the Kenyans and the local people would remain unchanged. The local skills would remain underutilized. Reduced interaction both at local, national and international levels. No employment opportunities will be created for thousands of Kenyans who will work in the project Increased urban and rural poverty and crime in Kenya. Development of infrastructural facilities (roads, electrical etc. will not be undertaken). From the analysis above, it becomes apparent that the No Project Option is no alternative to the proponent, local people, Kenyans, and the government of Kenya. 8.2 The Proposed Development Option Under the Proposed Development Option, the developer of the proposed project would be issued with an EIA License. In issuing the license, NEMA would approve the proponent’s proposed sand harvesting and waste dumping Project, provided all environmental measures are complied with during the site preparation period, operational and decommissioning phases. This alternative consists of the applicant’s final proposal with the inclusion of the NEMA regulations and procedures as stipulated in the environmental impacts to the maximum extent practicable. 76 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 8.3 Relocation Option Relocation option to different sites for sea sand harvesting is an option available for the project implementation. After consultation with stakeholders it was decided that relocation to a new site would be of importance because the site previously identified was within the Chale marine park. In addition the previously identified site was located in an area with numerous tourist resorts and attraction and conducting the sea sand harvesting activities at that location would not only cause disruption of the hotel industry activities but would also impact negatively on the local fishermen community. In consideration of the above concerns and assessment of the previously proposed site, relocation of the project was therefore the viable option. The Tiwi to Chale strip has therefore before excluded in this application for NEMA approval. Figure 11: Image showing previously selected site for sand harvesting that was rejected by stakeholders 77 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 8.4 Alternative sources of sand and mode of extraction During the project cycle, various options alternatives were analysed and ones with less impacts selected. The study analysed the project alternatives in terms of mode of extracting the sand from the sea and alternative sources of sand for the reclamation at Port Reitz. The first option was alternative sources of sand for the reclamation works which involves use of sand from crushing of rocks. The crushing rock produces sand or "crusher dust" and provides a potential alternative to sea sand because of the abundant hard rock sources within Mombasa County, Kwale County and other neighbouring counties. The number of crushing plants operating in different parts of these counties would supply sufficient quantity of crusher sands to the construction the reclamation site. However, although crusher sands appear to be acceptable alternative, energy spent for making this aggregate, cost implication and the environmental damage causes to neighborhood through dust and sound is enormous. The second option analaysed would will involve transportation of fill material from borrow pits and compacting the project area at Port Reitz. This has simple logistics and the impacts on the environment are localized and manageable, although deep-water access is required. However both this options can cause destruction of the seabeds and habitats for the marine organisms in addition to breaking of the coral reefs. These alternatives are therefore considered not suitable for the reclamation of the sea at the port Reitz area for construction of the terminal for the Nairobi Mombasa Standard Gage Railway Line Project. 8.5 Alternative mode of sea sand extraction Depending on national regulations and local circumstances, different strategies and modes in sea sand harvesting/dredging can be applied. Variations can be made in the dimensions of the extraction area, as well as in the number of sand harvesting sites. Moreover, different methods for sea sand harvesting can be applied with each strategy presenting its own challenges and opportunities. The contractor is proposing to undertake deep sea sand harvesting/dredging at a site 0.4 to 1.0 km offshore at a depth of between 19 – 50m. However, there is an alternative of shallow sand dredging; with shallow dredging, a maximum of 2 meters below the seabed will be extracted. In general, suction will be 0.2- 0.5 meters deep, so a suction hopper can cover an area 4 to 10 times. Because of the limited extraction depth, the surface area of an extraction will be relatively large and directly related to the volume of sand extracted, the larger the volume of sand extracted, the larger the area affected. 78 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report However, this alternative will not be viable as the vessel that the contractor is proposing to use must be used in areas of deep waters to avoid grounding and causing an environmental disaster, huge economic losses and possibility of injuries and fatalities to the crew on board. In addition, Tiwi - Waa area is unique because it has a reef; the reef hinders ships of large sizes to venture close to the beach because of the obvious danger of grounding. The reef also acts as protection to tourists who may be using the area for recreation from shark attacks because sharks do not typically venture into the area covered by the reef. It would therefore be more viable for the contractor to conduct sand harvesting at the proposed site as it meets all requirements both technically, environmentally and economically while at the same time ensuring that the marine environment along the beach is not impacted negatively by the sand harvesting activities. 79 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 9. ENVIRONMENTAL MANAGEMENT/MONITORING PLAN 9.1 Introduction This Section presents the Environmental Management Plan (EMP) that will need to be implemented by the proponent to prevent or reduce significant negative impacts to acceptable levels. EMP for development projects provides a logical framework within which identified negative environmental impacts can be mitigated and monitored. In addition the EMP assigns responsibilities of actions to various actors and provides a timeframe within which mitigation measures and monitoring can be done. EMP is a vital output of an Environmental Impact Assessment as it provides a checklist for project monitoring and evaluation. The EMP outlined in the sections below has addressed the identified potential negative impacts and mitigation measures of the proposed sand harvesting project, based on the Chapters of Environmental Impacts and Mitigation Measures of the expected Negative Impacts. 80 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Negative Impacts A. OPERATION PHASE Bio-Diversity Conservation 1. Marine eco-system degradation Management of water quality 2. Suspended solid concentrations(Turbidity) 3. Accidental oil spills Table 8: Environmental Management/Monitoring Plan Mitigation Measures Responsib Timeframe ility Cost (Kshs) Routine biological monitoring that includes pre sand harvesting and dumping of marine habitats should be undertaken Project Site contractor, Preparation, operation Phase Monthly for the initial 3 months, quarterly thereafter 100,000 Independent monitoring of water and sediment quality and phytoplankton, coral and biota health Project contractor Daily, weekly or monthly through progress reports 150,000 Ensure that a thorough inventory and assessment of all potential contaminants on the vessel are completed Contain fuel and lubricant spills away from water sources Utilize spoil earth materials 81 AWEMAC© 2015 Monitoring Frequency CRBC (K)/SGR/S1/SH1/R41 Site Preparation Phase, operation and decommissio ning phase Site Preparation, operation and decommissio ning phase Site Environmental Impact Assessment Project Report Negative Impacts Mitigation Measures as filling for low lying flood prone areas 4. Restricted access and displacement of source of livelihood 5. Increased marine vessel traffic Compensation scheme for opportunities lost before operation of project Conduct continuous consultation with affected people Responsib Timeframe ility Preparation Phase Sand Decommissio harvesters ning phase Liaise with relevant port and marine authorities to develop traffic management system Monitoring Frequency Cost (Kshs) End of project cycle Throughout project cycle Throughout project cycle Reduce air pollution within the project site 6. Air pollution by emissions Curbing noise pollution 7. Noise pollution from sand harvesting activities and waste soil dumping Enforcement of air quality standards accepted locally and internationally contractor Site Continuous PreparationP hase, operation and decommissio ning 50,000 Enforcement of standards accepted locally and contractor Preparation, operation 50,000 82 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Daily Environmental Impact Assessment Project Report Negative Impacts activities Improved health and sanitation throughout project cycle 8. Poor health and sanitation as a result of the project activities Mitigation Measures internationally Strictly use appropriately tuned/ maintained equipment Provision of ear plugs Provide adequate sanitation facilities Workers to utilize toilets for locals on consent Create awareness prevention on HIV/AIDS and other related diseases Project wastes to be collected and judiciously disposed Create awareness on the dangers posed by stagnant water Waste management at the project site 9. Litter on board marine vessels Provide adequate waste collection facilities on site Responsib Timeframe ility and decommissio ning phases Cost (Kshs) Daily Daily Marine vessel crews Marine vessel crews Marine vessel crews Marine vessel crews Marine vessel crews Throughout project cycle Marine vessel crews Throughout project cycle 83 AWEMAC© 2015 Monitoring Frequency CRBC (K)/SGR/S1/SH1/R41 Daily 40,000 Daily Continuous 50,000 Daily 10,000 Continuous Daily 10,000 Environmental Impact Assessment Project Report Negative Impacts Mitigation Measures Dispose collected waste regularly Dispose solid waste in accordance with the Environmental Management and Coordination (Waste Management) Regulations, 2006 Socio-environmental Management 10.Disruption of established Socioenvironmental values of the society Notify the locals prior to commencement and settle any dispute Respect any culturally sensitive area and avoid disturbing Liaise with key stakeholders at all stages of project cycle Give priority to locals in employment matters Responsib Timeframe ility Marine vessel crews Marine vessel crews Monitoring Frequency Daily proponent Continuous Throughout project cycle Cost (Kshs) Continuous 100,000 Continuous Continuous Always Safe Workplace 11.Degradation of Conservancy areas Adoption of the prepared Health and Safety Plan Liaise with Lead agencies on locations of Designated Proponent /Private 84 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Operation Phase 1 Month 50,000 Continuous 100,000 Environmental Impact Assessment Project Report Negative Impacts Mitigation Measures Marine Parks and sensitive ecological areas Responsib Timeframe ility Entities 85 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Monitoring Frequency Cost (Kshs) Environmental Impact Assessment Project Report 9.2 Environmental Monitoring Plan 9.2.1 Introduction An Environmental Monitoring Plan is vital for any Environmental Impact Assessment of a development project. The monitoring plan helps in assessing the effectiveness of proposed mitigation measures, in assessing changes in environmental conditions and to provide warning of significant deterioration in environmental quality for further preventive action. The activities and frequency of monitoring is as presented in the proposed EMP Environmental monitoring will be carried out to ensure that all the proposed project activities comply and adhere to environmental provisions and standard specifications, so that all mitigation measures are implemented. The Sand harvesters in liaison with the Proponent will engage a responsible person for implementation of social/environmental requirements. The Sand harvesters and the proponent have the responsibility to ensure that the proposed mitigation measures are properly implemented during all the project phases. The principle elements of a monitoring plan are: A clear statement of aims and objectives, Proposed frequency of monitoring, An estimate of the resources required for project implementation, Delineation of responsibility to implement the monitoring plan, Clear project demarcation to avoid encroachment into protected and sensitive areas, Occupational Health and Safety aspects to ensure the site is safe, Specific attention has been made to ensure that the monitoring plan conforms to the following criteria, it is auditable in that it: Identifies specific quantifiable monitoring regimes, Delineates key lines of accountability, Associates mitigation and monitoring tasks to specific impacts, Gives guiding costs of implementation, Ensures flexibility to enable incorporation of additional monitoring and mitigation techniques as deemed necessary throughout the life of the project, Conforms to all best practice principles by acknowledging the existence of both long time and immediate impacts and the resulting mitigation measures necessary to deal with such and, 86 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report Identifies key corporate commitments made by the proponent, with regard to its environmental performance. 9.2 Monitoring Requirements To ensure that the Environmental Impact Assessment is effective, environmental monitoring is mandatory. Factors to be monitored should include: Climatic factors (wind, temperature, rainfall, etc), Solid waste management systems effectiveness in all the project phases, Effects of the proposed project impacts to the environmental resources (soil, water and air) in the traversed area, Effects of the proposed project on the Socio-economic status of the communities living in the traversed area, Biodiversity changes in the area traversed by the proposed project using various indicators, 9.3 Monitoring Responsibilities The law requires that the Proponent of any proposed project ensure that no segment of the environment is threatened by the activities of the proposed project. Therefore, the proponent will be required to conduct regular monitoring of the project to comply with the laws of the land. Otherwise overall monitoring through all the other project phases will rest on the proponent in liaison with the other parties as presented in the EMP. 87 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 10. CONCLUSION AND RECCOMMENDATION This Environmental Impact Assessment has identified, assessed and presented mitigations for various impacts. The conception of this project is focused on ensuring that the proposed sea sand harvesting and waste soil and mud disposal works operate efficiently and meets the requirements of the Environmental Management and Coordination Act, 1999 and the Regulations in force. Successful sea sand harvesting and soil and mud waste disposal the ocean has been done in the neighbourhood of the proposed. In many other countries, these activities have occurred with minimum impacts. From the foregoing the project is acceptable as the design concept provides for all the mitigation measures as proposed. The study therefore recommends that the Project be approved and licensed to conduct sea sand harvesting and waste soil disposal for the purpose of construction of a station/terminal at Port Reitz area, Mombasa County for the Nairobi – Mombasa Standard Gage Railway project. The following recommendations are made with respect to the proposed project activities: 1. Implement the internal policy requirements including environmental aspects training and awareness for staff and other key stakeholders; 2. Comply with all legal and policy requirements including and specifically the EMCA,1999 and related environmental principals such as public consultations and polluter pays among others; 3. Put in place a monitoring and evaluation program for the operations stage covering the following: a. Environmental integrity; b. Operation and routine maintenance and efficiency; c. Continuous improvement; d. Conduct monitoring of the marine habitats and ecosystems to avoid and minimize individual and cumulative impacts of the operations. 4. Complete project environmental audit submission to NEMA after commissioning to ensure that all the proposed mitigation measures have been complied with; 5. That construction of all facilities in the proposed Project is carried out in accordance with approved plans and laws; 6. That the proponent establishes and implements a detailed Routine Maintenance Plan for all the marine vessels and machineries to avoid contamination of marine environment; 7. That any unforeseen impacts shall be immediately notified to NEMA to ensure that they are immediately addressed and mitigated. 88 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report REFERENCES 1. Adala, H.O. 2007. Environmental Impact Assessment Report of the Proposed Container Terminal Modernisation Project for Kenya Ports Authority. 2. Africa Development Bank, Integrated Environmental and Social Impact Assessment Guidelines,October 2003 3. Anonymous (2003). EindconceptRegionaalOntgrondingenplanNoordzee 2. September 2003. OVWOOD-2003/337 4. Anonymous (2003). Marine aggregates and biodiversity. Developing a common understanding. Postconference briefing. August 2003. Coastnet conference in association with The Wildlife Trust. 5. Battelle. 2004. Designating an ocean disposal site for dredged material. [Internet]. Columbus (OH):Battelle Memorial Institute; [cited 2007 Dec 21]. Available from: http://www.battelle.org/Environment/publications/EnvUpdates/summer2004/articl 1.stm. 6. BAC Engineering & Architecture, Japan Port Consultants, Heztech Engineering Services. Dredging of the Access Channel at the Port of Mombasa: An Inception Report 7. CEDA/IADC (2000). Effects, ecology and economy. Environmental aspects of dredging. 8. Cruickshank, M.J., J.P. Flanagan, B. Holt, and J.W. Padan, 1987. Marine Mining on the OuterContinental Self: Environmental Effects Overview. U.S. Department of the Interior,Minerals Management Service, OCS Report 87-0035, 66 pp. 9. Dankers, P.J.T. (2002). Literature study on sediment plumes that arise due to dredging. TU Delft, theNetherlands. 10. Environmental Assessment Sourcebook Volume I (Policies, procedures, and crosssectoral issues), Volume II ( sectoral guidelines) Volume III (guidelines for Environmental assessment of energy and industry projects) by, World Bank, Washington, 1991 11. Environmental Management and Coordination Act, 1999. 12. Fisheries Act Cap 378 (1989) 13. Fisheries Department, 2006:Marine Frame Survey report 2006. 14. Fisheries Statistics report 2004: Fisheries Department Mombasa District 15. FitzGerald, D., J.B. Smith, and S.L. Goodbred, 1990. Exploration and Inventory of Sand andGravel Resources Offshore of Boston Harbor. Technical Report 2, Marine Research Group, Boston University, Boston, MA, 177 pp. 16. Gubbay, Susan (2003). Marine aggregate extraction and biodiversity. Information, issues and gaps inunderstanding. Report to the Joint Marine Programme of The Wildlife Trusts and WWF-UK. 89 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 17. Healy, M.G. and Hickey, K.R., 2002. Historic land reclamation in the intertidal wetlands ofthe Shannon estuary, western Ireland. Journal of Coastal Research, Special Issue 36, 365-373. 18. Heinis F. & J.A. van Dalfsen (2001). Ecological effects of large scale dredging in relation to extractiondepth (an international panel’s view). HWE & Agro Consultancy. 19. Heztech Engineering Services (2009). Environmental Impacts Assessment Report for Proposed Dredging Works at the Port of Mombasafor Kenya Ports Authority. 20. Kitheka J. U., Ongwenyi G. S., and Mavuti K. M. (2003): Fluxes and Exchanges of Suspended Sediments in Tidal Inlets Draining a Degraded Mangrove Forest in Kenya. Estuarine, Coastal and Shelf Science 56, 655-667. 21. Kitheka, J. U. 2002. Suspended sediment transport and exchange in Port Reitz Creek with special focus on the mangrove fringed Mwache Wetland, Kenya. M.Sc thesis, Gothenburg University 22. Kenya Gazette Supplement Acts, Environmental Management and Coordination (WaterQuality) Regulations, 2006 23. Kenya Gazette Supplement Acts, Environmental Management and Coordination (FossilFuel Emission Control) Regulations, 2006 24. NEMA, National Sand Harvesting Guidelines, 2007. 25. Occupational Safety and Health Act, 2007 26. Pollution prevention and abatement handbook – Part III, (September, 2001) 27. The Making of a Framework Environmental Law in Kenya, by ACTS press, UNEP-ACTS, 2001 28. Wijsman, J. & J.B. Anderson. (2004). Sandpit. WP 2.4: Ecological effects of sand extraction. Draft version 1. February 4, 2004.(unpublished) 29. Wilber D, Brostoff W, Clarke D, Ray G. 2005. Sedimentation: potential biological effects ofdredging operations in estuarine and marine environments. [Internet]. DOER TechnicalNotes Collection. Vicksburg (MS): US Army Engineer Research and Development Center. 90 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report APPENDICES Certificate of Firm of Experts Registration from NEMA Proponents Certificate of registration Proponents KRA PIN certificate Bill of quantities. A copy of the NEMA license and Variation License for DK 00-10 approving Mombasa-Nairobi Standard Gauge Railway project and 2015 high-low and hourly tide predictions for Mombasa. Fish Species Composition within the proposed sand harvesting site List of registered BMU’s operating within the proposed sand harvesting site List of registered boats within the 2BMU’s Landing Sites within the Tiwi/ Waa area A sample of questionnaires used during the field study Public Meeting Minutes Port Reitz Sand Analysis results Public Meeting Attendance Lists 91 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report S/N 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. LIST OF PUBLIC PARTICIPATION PARTICIPANTS NAME DESIGNATION Kenya Wildlife Service (KWS) Senior Research Scientist Dr. Judith Nyunja Kenya Ports Authority (KPA) Port Environment officer and Mr. Francis Kombe Lead Expert Kenya Maritime Authority Head of Maritime Safety (KMA) Mr. Wilfred J. Kagimbi National Environment County Director of Management Authority Environment Mombasa (NEMA) County Mr. Stephen Wambua National Environment County Director of Management Authority Environment – Kwale County (NEMA) Mr. George Oyoo Department of Fisheries County Fisheries Officer Kwale County Mr. CharlseOdindo Department of Fisheries – County Fisheries officer Mombasa County Mr. David Gambo The Kenya Navy Marine expertise and crafts Kenya Ferry Services Management of Ferry services - Likoni Kenya Marine & Fisheries Marine life and ecosystems Research Institute (KEMFRI) experts The Marine Police Inland and Marine security Kenya Forest Service (KFS) Kenya Association of Hotel Keepers and Caterers (KAHC) County Governments of Kwale and Mombasa South Coast Residents Association (SCRA) Hotel Director The Flamboyant Beach Hotel Mrs. Tracy Pirie CONTACTS 0721277154 0721820335 0733728796 0711703135 0725006604 0720563431 0722336459 0720843585 92 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41 Environmental Impact Assessment Project Report 17. Southern Palms Beach Resort Mr. Herman Makori 18. Leisure Lodge Resort Maria Buluma 19. Kaskazi Beach Hotel Mr. Francois Mages Human Resource Manager 0722300916 Guest Services Manager 0716430670 General Manager 0704895826 LIST OF REGISTERED BMU’s IN THE PROJECT ACTIVITY AREAS. NAME OF BEACH MANAGEMENT UNIT 1. CHALE JEZA BMU 2. MWAEPE BMU 3. MWAKAMBWA BMU 4. TIWI BMU 5. NYARI/KIKADINI BMU NAME OF CHAIRPERSONS TEL. CONTACT Mr. HamisiSalimMwasumbi Mr. ChamlunguTungu Mr. Ali Mwachikuzi Mr. HamadiMwakutengeza Mr. AbdallaMatano 0715 683627 0734 760149 0711 904267 0702 527341 0718633020 93 AWEMAC© 2015 CRBC (K)/SGR/S1/SH1/R41