E1576 Federal Government of Nigeria Federal Roads Development Project (FRDP) Environmental and Social Management Framework (ESMF) Final Report March 09, 2006 environQuest A integrated environmental solutions EnvironQuest Nigeria Ltd Resort House 12 Boyle Street, Onikan Lagos, Nigeria E-mail: info!environuuest.com Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
Transcript
E1576
Federal Government of Nigeria
Federal Roads Development Project (FRDP)
Environmental and Social Management Framework (ESMF)
11.0 INTRODUCTION ................. ,.I1.1 Project Background ............................. ................ I1.2 Objectives of the Environmental and Social Management Framework (ESMF) ................ 31.3 Study Approach & Methodology ..................................... 31.4 Assessment of Highways in Nigeria .................................. 4
ANNEX I ............................................ 52Summary of World Bank Environmental and Social Safeguard Polices .............. 52
ANNEX 2a .. . ............................... 54Environmental and Sodal Screening (EES) of Roads Sub-projects 4.................
ANNEX 2b ................................... 56Standard Format for Screening Report ................................... 6
ANNEX 2c .................. ...... ............... 57Screening Report: Environmental and Social Checklist........................... 57
ANNEX 3 .......... ......... ................ 5Standard Format for Environmental and Social Management Plan (ESMP) ............ 58
ANNEX 4 ........................................ 9Environmental and Social Management Plan (ESMP) by Project Phases ............. 59
ANNEX6 ............................. 64Procedures for Roads Sub-project Investments Requiring an ESIA ................. 4
ANNEX 6 ................ ...................... 6General Environmental Management Condiffons for Construction Contracts ........... 5General ....................................................... 65
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Fedel Roads Develp t Ew*wuuu r I aUei F=eiS
LIST OF TABLES
Tabl 3-1: Nigerian Ambant Ar Quality Standard 12Tibl. 3-2: Air Quality Clsifcaon Based on TSP Values 12Tabe 3-3: DenographIc Data 14Tab 4-1: Appib Wd Bank Operon Pobcie 26Table 5.1: EnvironmenOa Impacts of roads projets 27Table 62: Estmated Emissions fom Constructin Equipment 29Tabl -1: Summary Environmena & Sodal Manam t Pro by projet phse 38Tabl 8-1: Monit Variables, Unkages, Indhdors d Baseln Dat to be Considered 45Tab 8-2: Cumubatve Impacts - Monioing Indcatos and Possible Extenl Facts 47Tab 9-2 The Stakeholder Ideficabon Matrix 49Table 9-2: Consulon Plan at Projec Phas 49
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UST OF FIGURES
Figure 2.1: RDST Organizaton Strcure 8Figure 31: UnRty Roads wint Nigeria. 10Figure 4-1: FME Organizatonal Structure 18Figure 4-2: The flow chart of the EIA prooess in Nigeria 20Figure 9-1: Spectrum of Engagement 50
AfDB African Development BankBOT Build Operate TransferCPS Country Partnership Strategy (World Bank)EIA Environmental Impact AssessmentEMP Environmental Management PlanESMF Environmental and Soclal Management FrameworkESMP Environmental and Social Management PlanESMUU Environmental & Social Mitigation UnitFEPA Federal Environmental Protection AgencyFERMA Federal Roads Maintenance AgencyFGN Federal Govemment of NigeriaFHA Federal Housing AuthorityFMEnv Federal Ministry of EnvironmentFMW Federal Ministry of WorksFRDP Federal Roads Development ProjectIDA Intemational Development AssociationHSE Health, Safety & EnvironmentNTMP National Transport Master PlanNEEDS National Economic Empowerment & Development StrategyNGO Non-Govemmental OrganizationOP Operational Policy (World Bank)PCN Project Concept NoteROW Right of WayRPF R6settlement Policy FrameworkRAP Resettlement Action PlanRSDT Road Sector Development TeamRSDMP Road Sector Development & Maintenance ProgramSEPAs State Environrmental Protection AgenciesSIL Sector Investment LoanTOR Terns of ReferenceTRSC Transport Sector Reform CommitteeUN United NatonsWB World BankWHO World Health Organization
The Federal Roads Development Project (FRDP) seeks to improve Federal Highways (otherwisereferred to as Unity Roads) in Nigeria to reduce travel costs and increase access to goods andservices.
The extent to whiCh a nation's land mass is covered by road network is an index of the degree ofmobility of pople, goods and services wlthin the country, and the quality of the networkmeasures the "ase and cost of that mobility. In addition, roads play a crucial role in economy ofmany nations because industrial and commercial activities rest on an efficient transport system.A 1 99study on selected sections of the road network in Nigeria found that only about 26% werein good condition. Current estimates show that only about 11 % of the Federal roads are still ingood condition. To rectify this situation requires a large financial and technical input.
Hence, the Federal Govemment of Nigeria (FGN), through4he Federal Ministry of Works (FMW),has requested World Bank's support for the FRDP. The project will meet the immediate andshort term funding needs for the Federal road network and support Govemment's efforts withr,olicy and institutional reforms promoting improved servioe delivery, road management andfinancing.The principal development objectives are: (i) to reduce road transport costs along the roadssupported by the project; (ii) to Introduce total asset management methods for delivery andmanagement of federal roads; and (iii) to plan and facilitate sustainable financing arrangementsfor the road sector.The FRDP is organized Into three components to support both the implementation of theproposed reform and the financing of critically needed investments. The three main componentsare:
* Poricy and Institutional Reforms* Institutional Capacity Building* Upgrading, Rehabilitation and Maintenance of Federal Roads
The main activities under the Federal Roads Development Project will entail upgrading andmaintenance of the 'Unity Roads' using modem methods (design, build, operate, maintain andtransfer-type contracts) based on best practices and implementation and stabilization ofinstitutional reforms based on institutional studies already completed and still ongoing. No newroads will be constructed.
The FRDP is classified as a category B project, implying that the impacts are small scale andsite-specific; thus easily remedied. In recognition of the fact that environmental and socialconcerns may arise as a result of the proposed project, the FMW commissioned anEnvironmental and Social Management Framework (ESMF) study in fulfillment of the World Bankrequirements for project appraisal.
This ESMF has been prepared to satisfy national and state regulatory requirements as well asWorld Bank's mandate for project of such magnitude and it addresses the environmental andsoco-economic consequences of the project. The existing environment is described only forthose aspects of the physical, biological, social and economic environment within the study areathat are relevant to the project. The framework also identifies the project-environmentInteractions durng operational phase.
In addition, the ESMF defines standard procedures and methods for incorporating environmentaland social concems into the selecton, planning and implementation of all sub-projects carriedout under the project.
vi.
As a category B project, the FRDP is not expected to have large-scale adverse impacts on thenatural environment, health and safety, of communiftes and individuals. The ESMF providesguidelines to follow as to how to prepare an Environmental and Social Management Plan(ESMP) or an Environmental and Social Impact Assessment (ESIA) as and when the needarises during project implementation
The Impacts and mitgation measures associated with the projects are discussed. The project wiglhave both beneficial and negative Impact on the physical, biological and social environment.Rehabilitation/recgnstruction of roads will improve the livng conditions of the general public.
The Institutional mechanisms to implement the ESMF are also discussed. Roles andresponsibilities are clearly stated, r)cluding capacity building efforts to participating stakeholdersIn the FRDP.
The monitoring plan also defines roles and responsiblIties; disUnguishing between the routinemonitoring of the project. Routine monitoring focuses mainly on construction supervision andawareness raising In the context of human heqlh and safety and environmental protection.Routine monitoring requirements are defined according to potential kmpacts and recomrnendedmitigation measures. Monitoring coss are estimated and roles and responsibilities for monitoringare defined where applicable.
Finally, a consultation plan was developed to provido a framework for achieving offectivestakeholder involvement and promoting greer awarenes and understanding of issues.
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Fsewra Roads Devebp'r,~ SO C 4 & S W .. 3a?gvrrent Fravw4ork
1.0 INTRODUCTION
1.1 Project Background
Road transportatlon plalys a crucial role in the economy of many nr.tons c au;,e u" , ^commercial activitles rest on an efficiant transport system. In Niaeria. i-,oe *; v r '':ts, IVbeen spent on road development. The road ,,etwork ie currently estlmjatji at aboti! 1f 'i,Uu0kilometers, with the Federal Governrnent being responsible for about -17 pe.rcen!. StateGovernments 16 percent and Local Governments 67 percent. However, thtse roads have beenplagued by a number of problems, with the major ones being faulty designs, tdeotl drainagesystem and poor malntenance culture, which have significantly red.t'czd .t t:,tOy ot lhea roads.
These problems have made ft difficult, expensive and more arducus ti:. ,n-,ove pnducts andservices from producers to consumers which often lead to loss of man-hou,-s and high cost ofgoods and services.
A 1999-study on,selected sections of the road network in Nigeria founr that only abovt 26% werein good condition. Current estimates show that only about I1 % of the Federal roa,. 4 are still ingood condition. To rectify this situation requires a large financial and te'hni.> /
The Federal Govemment of Nigeria (FGN), through the Federal Ministry cl 4 ; hasrequested World Bank's support for the Federal Roads Development Pmio'- (-^L3p) TheFRDP Is a major investment in improving the quality of life of Nigeiian.s - soia"y pose in tnerural areas.
The principal development objectives are (i) to reduce road transport costs along the road linkssupported by the project; (ii) to introduce total asset managemrent i- "ndj fbr d; iivery andmanagement of federal roads; and (iii) to plan and facilitate sustainabte ,trrrin9 :.-,.ngementsfor the'road sector. In addition, FRDP will improve transparency arnd tnCCl . for bettergovernance, through institutional reform in key infrastructure SE, 15 i t v for 'heapplication of data driven urban management tools, FRDP wili facilitate re; !!c.basscd budgeting,targeting, expenditure and impact monitoring, and feedback mecnianisms ;n re pub';C.
Furthermore, the FRDP will improve the economic and social welfare of ':e peoa,'c. Improvedroads witl reduce travel times and lower the cost of vehicle use.wh'o> lesri access tomarkets, jobs, education, and health services and reducing tra",, .:; <;- -In E-re:ht andpassengers.
The Federal Roads Development Project is organized into three COlf;ptont' O supptrt eoth thiimplementation of the proposed reform and the financing of criticaily neecuci' ,vest nents 'hethree main components are:
* Policy and Institutional Reforms* Institutional Capacity Building* Upgrading, Rehabilitation and Maintenance of Federal Roads
The activities under the investments for the Unity Roads will enta.! rc tine anJ periodiomnaintenance, rehabilitation, upgrading and provision of addctionai carriacgn;,ayB fer the 570kilometers identified by the project base documents.
The preliminary three-phased program which Is based on rough estimations of the extent ofinterventions and associated cost of civil works is as shown below:
Under the Phase I ProjectR<oue bn,ath OCMIT S(a) Lagos - Ibadan 105 36.0(b) Abuia - Kaduna - Zaria - Kano 402 122.0(c) Shagamu - ljebu Ode - Benin City 255 123.0
In recognition of the fact that environmental and social concems rnay adse as a result of theproposed project, the FMW commissioned EnvironQuest to develop an Environmental andSocial Management Framework (ESMF) in fulfillment of the World Bank requirements for projectappraisal.
The World Bank's Operational Policy (OP) 4.01 requires that the ESMF report be disclosed as aseparate and stand alone document by the Federal Govemment of Nigeria and the World Bank,as a condition for appraisal of the FRDP. The disclosure should be both In Nigeria where It canbe accessible by the general public as well as at the Infoshop at the World Bank.
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1.2 Objectives of tte Environmental and Social Management Framework (ESMF)
The overarching goal of ths ESMF is to improve decision making and to ensure that the roadimprovement optiors, noer consideration are environmentally sound and sustainable. The malnobjective of the E$;YP is lo ensure that in-country capacity, regulatory framework; principles andprocedures are est:abi shed and will serve as the base for environmental assessments of allfuture individual rc.ad cons:ructions being carried out under the project. More specifically, thepurpose of the Frarn.ework wdil be to:
* Identify 'the most critical, overall environmental issues for the road sector in Nigeria;
* Assist the Government of Nigeria in developing in-country capacity for environmentalimpact assessinent of road sector projects by developing the policy/regulatory andinstitutional framework for EIA, as well as strengthening the EIA capacity in all institutionsinvolved, i.e. in governmental road sector and environmental agencies and amongnational cor.ir.ic:rs,
* Define environmental principles for road development under the Program;
* Develop environrmental guidelines for road projects in Nigeria, covering environmentalconsiderations in all stages of a road project from identification and selection of roads andalignments. through design and implementation to the monitoring and evaluatlon ofresults.
1.3 Studv Approach & Methodology
The ESMF study was undertaken in accordance with World Bank and Nigerianstandards, Toc distinct phases of the study include:
* Data Czathering* Literature review' Reconnaissance Surveys* Charaf.lerization of the baseline conditions,
I Identification anc' characterization of potential impacts,* Identification of irnpact mitigation measures and enhancement of benefits,Preparation of an Environmental Management Plan* Preparation of su!--project guidelines
Literature revieuv
Review of FRDP ii½t,r!aure including the Project Concept Notes (PCN), Aide Memoires, RSDTramrewonk occu&nt. .he constitution of the Federal Republic of Nigeria, numerous federal, and£tate envirrornmenta1 l ltfls regulations, decrees, acts, policies and guidelines, World Banksafeguard policies and other relevant documents.
Data Review
EnvironQues; team assembled and evaluated relevant baseline data related to the physicalenvironment, biological environment and socio-cultural environment of the project area. Thebaseline data reviewed inc;uded:
* physical, chemical and geotechnical properties of the surficial soil;* background contamination of the surficial soil, surface water and/or groundwater;* the risk of natural hazards (e.g. flooding) and subsidence;* climate and meteorology data; and* biological data.
Field Surveys
Field reconnaissance were undertaken to confirm the data reviewed and to acquire additionalbaseline data to eliminate gaps in the environmental and soclo-economic baseline data for theareas likely to be impacted by the project.
1.4 Assessment of Highways In Nigeria
A survey on the state of highways in the country was conducted in 2002 by the FMW. Thepurpose of the survey was to gather pertinent information on road maintenance In Nigeria andalso to do an on the-spot assessment of the state of roads nationwide. In the course of preparingthis document, EnvironQuest team conducted a reconnaissance on Lagos-lbadan, and Sagamu-ljebu Ode-Benin Highways.
The survey indicated that most of the roads are in poor condition, and require completerehabilitation. Nigerian roads have remained poor state for a number of reasons. The numberone problem is faulty designs, poor drainage and very thin coatings that are easily washed awayby floods and can hardly withstand heavy traffic. Second, funding of road maintenance has beengrossly inadequate. Third is the excessive use of the road network, given the undeveloped stateof altemative transport modes. Fourth, there is no articulated programme for road maintenance.
A brief assessment of the roads as revealed by the survey in the six geo-political zones isprovided below:
South-South Zone
The zone is made up of Akwa Ibom, Cross River, Delta, Bayelsa and Rivers States. It has a totalFederal highway network of 4,150.89Km. The roads in this zone are in fairly good condition.South-East Zone
The zone is made up of Anambra,.Enugu, Imo, Ebonyi and Abia. The total road network in thearea is 3,121.7 kilometres of Federal highways. Most of the roads are in very poor condition duemainly to lack of maintenance.
The survey revealed that:
* Owerri-Onitsha highway is in a very bad condition with gullies and ditches adorning thewhole stretch of the road.
* Abakaliki-Enugu road is in fairly good condition, though there is need for somemaintenance work to be carried out in some parts of it.
* Enugu-Onitsha road is badly in need of rehabilitation as a recent asphalt overlay haspeeled off, indicating poor quality work.
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Fedsr Roads 0omslp0w E -!! imgEgul * SaI MIA-M.T Framework
South-West Zone
The zone consists of Lagos, Oyo, Osun, Ondo, Ekiti, and Ogun stes. The total road network Inthe area is 4,161.06 km-of Federal highways. The roads are In fairly good condition, due torecent rehabilitation efforts by both the Federal and State Government. Below Is the state ofsome highways in the zone:
* Lagos-lbadan road is a dual carriage highway and it is In fair condition. There is ongoingrehabilitation works Including shoulder repairs, erection of median barriers, ashalt overlayand widening.
* Ibadan-Ife road is in good condition and has recently been dualised.
* Sagamu-ljebu Ode-Benin road is a dual carriage highway. It Is in fairly good conditiondue to ongoing maintenance by State Govemment and FERMA.
* Lagos-Badagry Expressway is in good condition.
* Ibadan-llorin road is in fairly good condition having recently been dualized.
North-West Zone
The zone consists of Kaduna, Jigawa, Kano, Katsina, Kebbi, Sokoto and Zamfara States. Thetotal road network is 6,363.4Km. The roads in this zone are generally in bad condition andrequire complete rehabiritadlon work. The state of the highway is as follows:
* 'Kano-Katsina road is a single lane road of 156 kmn, it has many potholes and largestretches were damaged by erosion owing to lack of drainages.
* Zamfara-Sokoto road is in fair conditon with some potholes observed.
* The Sokoto-Argungu-Kebbi road is in very good condition.
North-East Zone
The states in the zone are Adamawa, Bauchi, Bomo, Gombe, Taraba and Yobe. The total roadnetwork is 6,787.9Km. The roads are in faily good conditions due to the recent rehabilitation bythe Federal Ministry of Works.
North Central Zone
The zone is made up of Niger, Kwara, Plateau, Benue, Nasarawa, Kogi and the Federal CapitalTerritory, Abuja.. The total Federal road network is 9,756Km. The following Information wasgathered for the various roads.
* Abuja-Minna road, the state of the road is fair with minor potholes.,
* Abuja-Keffi Is in good condition having recently been dualised.
* Abuja-Jos road, the Akwanga-forest is a narrow single lane with potholes.
* Lokoja-Abuja road is in fair condition.
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Fed:al Roads Dwvebpment Pre*t Enviromet & Social Management Framework
2.0 PROGRAMME DESCRIPTION
2.1 General Descriptlon
The Federal Government of Nigeria (FGN) has requested the World Bank's support for theFederal Roads Development Project (FRDP). The FRDP will meet the immediate and short termfunding needs for the federal road network and support Govemment's efforts with policy andinstitutional reforns promoting improved service delivery, road management and financing. Thiswill also complement the objectives of the Rural Access and Mobility Project (RAMP) which iscurrently under preparation.
The FGN recently adopted National Economic Empowerment and Development Strategies(NEEDS) document specifically aim at greater utilization of private sector resources throughpublic-private partnership and build-operate-transfer (BOT) arrangements. The present conditionof the Federal road network would limit the achievement of the growth objectives spelled out inNEEDS which forms the basis of the World Bank's Country Partnership Strategy (CPS).
In operational term, the general objective of the project Is to improve the mobility of commuters,as well as the transportation of agricultural produce, industrial raw materials and finishedproducts.
The specific development objectives are:(a) to reduce road transport costs along the road links supported by the project;(b) to introduce total asset management methods for delivery and management of federal
roads; and
(c) to plan and facilitate sustainable financing arrangements for the road sector.
The main features of the Federal Roads Development Project are as follows:
* No new roads will be constructed* Upgrading and maintenance of the 'Unity Roads' using modemrn methods (design, build,operate, maintain and transfer-type contracts) based on best practice elsewhere and adapted
for Nigerian conditions.* Implementation and stabilization of institutional reforms based on institutional studies already
completed and still ongoing.
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Fderal Roads Oevedopmsnt Pro*ct Envuonmental & Social Managpmuf Framework
2.2 ProJect Components
The project components are designed in line with the strategy to support both the Implementationof the proposed reform and the financing of critically needed investments. The three maincomponents are:
(E) Policy and Institutional Reforns
Assistance with the implementation of agreed actions including (a) studies to identifyneeded critical reforms to be supported and plan of action to establish anautonomous Federal Highway Authority (FHA); and (b) implementation of agreedreforms linked to the phasing of the possible Intemational Development Association(IDA) assistance through the Project.
(Ii) Institutional Capacity Building
This will consist of both Technical Assistance to support the RSDT and consultanciesto implement improved road prioritization, planning and service delivery on theFederal roads network. The required activities will be finalized during the Projectpreparation and appraisal but with the initial list including a National Transport MasterPlan, a 1 0-year road sector investment plan and support to the RSDT in specific fieldsof expertise where in-house expertise e.g., management of performance-basedcontracts and safeguards requirements, Is not available.
(ii) Upgrading, Rehabilitation and Maintenance of Federal Roads
Assistance with (a) the preparation of the complete Road Sector Development andMaintenance Program (RSDMP); and (b) design, preparation of bid documents andimplementation of selected priority investments with long term performance basedcontracts using design, build, operate, maintain, and transfer principles. Theseindividual contracts will be about 10 years long with the contractor responsible fordesign and works execution tasks. These tasks could be scheduled, based on actualInfrastructure requirements, at any stage of the 10 year contract period.2.3 Institutional Arrangements for Implementing the FRDP
The current transitional process will culminate in the formation of a Federal Highway Authority(FHA). In the meanwhile, the RSOT is responsible for the project implementation. The FHA willeventually take over the running of the project. The existing institutional framework and mandateof the RSDT are presented below.
Federal Ministry of Works (FMW'I
The Federal Ministry of Works. Is responsible for the development, management andmaintenance of the Federal Road network In Nigeria. The Federal Ministry of Works will establisha Management Steering Committee to assist the Permanent Secretary to manage the work ofRSDT. The Director of the RSDT will report to the Management Steering Committee (MC) andwill be responsible for the efficient execution of the functions of the RSDT.
The transitional organizational structure for the Implementation of RSDMP until the FHA is inplace comprises the following:
F federal Ministry of Works (with a specific RSDT Desk, under the Permanent Secretary).a The RSDT Management Steering Committee (MC);* The Financial Management Sub-Committee (FMSC);
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Road Sector Development Management Team (RSDT).
The overall financial management responsibility shall be with the Permanent Secretary. ThePermanent Secretary will delegate his/her authority to incur expenses to the Director of RSDT inaccordance with the Treasury Accounting Instructions and other Federal Govemment of Nigeriaaccounting rules and regulations.
RSDT Manaaement Steering Committee (MC)
The MC will have the overall monitoring and advisory function of RSDT. The membership of theMC will c,omprise the Permanent Secretary-as Chairman, the Director of Design and Planning,the Director of FERMA, the Director of Construction Federal Ministry of Works, and the Directorof RSDT.
Road Sector Develooment Manaaement Team (RSDT)
The RSDT was established under the Federal Ministry of Works (FMW) In November 2004. TheRSDT will implement the RSDMP, undertaking project preparation and Implementation until theformation of an autonomous Federal Highway Authorty (FHlA).
The mandate of the RSDT is to initially manage the implementation of RSDMP on behalf of theFederal Ministry of Works. This will include a transition period where the RSDT will focus on theimplementation of donor supported projects on the Unity Roads and be responsible for managingdomestically funded projects as well. The aim is to move RSDT along a fast track leading to thefull transfer of project responsibility to the proposed FHA. It will promote Public-PrivatePartnership (PPP) by the introduction of Design-Build-Operate-Maintain and Transfer Projects(BOTMP), financed by donors through budgetary allocatfion and private investors.
RSDrs proposed organisatlon structure comprises three divislons and eight sections headed bya directorate (with a Director, Deputy Director and a Legal Advisor).
Figure 2.1: ROST Organisatlon Structure
|DEputy Dirotorl
lLegJ Adv. e
mgvtzrx l.|lvW eg Monit-in g |-
-jjj Pr j Implnntio l Gea S..&ien
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Fed"si Roads k!tloMsnt PMadc En*wonmntal & Social Managemnt Frwmewok
The specific functions of the RSDT Include:
i. Procurement of consvltancy services, Including provision of conceptuallfeasibility designsand supervision management services for Unity Roads totaling about 5,500 km';ii. Letting out road works contracts for the works projects both maintenance and
devolopment, Including required detailed engineering designs;11}. Letting out consuitancy upervJisiQn contracts;iv. Overall Project Managernent;v. Letting out Technical Audits contracts;vi. Developing Business Plans and detailed budgets;vii. Producing project progress reports showing the actual implementation status; andviii. Producing Annual Financial Statements audited by independent extemal auditors
Financial Manaaement Sub-CommWtee (FMSC)
The Financial Management Sub-Comrittee has responsibilites for reviewing the ProjectManagement Reports, including Project Financial Statements and Project Progress Reports.
Transffonal 6rgaents
The transfer of tasks and responsibilies from the FMW is being executed in phases tocorrespond with increasing capacity, starting with what Is manageable so as to avoid disruptionand to ensure continuity of project activities.
The FMW is mandated to transfer tasks related to the RSDMP to RSDT within a penod of sixmonths from the time RSDT commences operations as follows:
* All the RSDMP studies and works activities that have not yet started and those whosecompletion i. less than 75%' wUIl be handed over to RSDT; these will also include all roadmaintenance projects whose value Is above US$250,000.00. The Federal Ministry ofWorks, through FERMA, will retain maintenance management, studies and workscontracts whose completion Is more than 75% and/or which are expected to becompleted within a period of six months from the start of RSDT.
* All sectoral policy studies which will lead to formulation of new policies such as theestablishment of the FHA, a Road Fund, and Transport Sector Management etc.However facilitation of the local construction industry will be retained within the residualMinistry set up.
The initial take-over has commenced with the World Bank/IDA funded FRDP (this project).
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Fdedita Roo* L* Deomt Ple En*eemu t dIUusm~Fa.
1 3.0 BASEUNE DATA
3.1 General Description and Location
Nigeria is situated In the westem portion of Africa, and lies between latitudes 4° 00' N and 14000'N, and longitudes 20 50' E and 140 45' E. Nigeria Is bordered by Chad to the northeast,Cameroon to the east , Benin Republic to the west, Niger to the northwest and the AtlanticOcean to the south. The total area is 923,768 sq km, of which 910,768 sq km Is land and 13,000sq km Is water.
Nigeria was created by the amalgamation of the nortem and southnem protectorate by theBritsh Colonial Govemrnment In 1914. The country gained independence on October I,, 1960and was declared a repubic In 1963. The country Is dived Into 38 administrative divisionscalled states and I territory:- Abla, Abuja Federal Capital Territory, Adamawa, Akwa Ibom,Anambra, Bauchi, Bayelsa, Benue, Bomo, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu,Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nassarawa, Niger,Ogun, Ondo, Osun, Oyo, Plateau, Rives, Sokoto, Taraba, Yobe, Zamfara.
Fgure 3-1: Unity Roads within Nigeia.
JIOER
. Ru - .% .,
~.- -- ->S (Fvi
i ,-. *> e,..4" .1'
I~~ ; r" ¢
t ,> t , s 7 FZDEEMROA2DSVEMOMEI
x,W R OADS
The scope of thip ESMF covers all the Federal Roads identified in the FRDP three phasedprogram (see Figure 3-1 above).
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Federal RoWas D.v.opmt Project Env-W & Soca M riert Fmework
3.2 D"cription of the Environment
The main characteristics of the biolgical, physical and soclo-economic environment of theproject area are summarized below.
3.2.1 Physical Environment
Climate
Nigeria's climate varies from arid In the north, tropical in the centre and equatorial in the south.The climate is largely controlled by prevailing winds and neamess to the Atlantic Ocean. The twodominant air masses are the dry wind from the Sahara and the wet wind fflm the Atlantic Ocean.Marginal asteratkQns have being recorded due to landform characteristics,, configuraton ofsurrounding shoreline and the generally flat topography of the country.'
Rainfall
Rainfah is the single most Important element for defining the climatic seasons In the tropics.Hence, Nigeria has two dominant seasons; the wet and the dry seasons. Rainfall throughoutNigeria depends on the interaction of the tropical maritime air mass and the tropical continentalmass which meet along the Inter-tropical convergence zone (ITCZ). The annual average rainfallaround the country is between 2000mm and 3000mm.
Temperature
Nigeria's climate is characterized by relatively high temperatures throughout the year. Theaverage annual maximum varies from 35°C in the north to 310C in the south; the average annualminimum from 23°C In the south to 18°C in the north. On the Jos plateau and the eastemhighlands altitude makes for relatively lower temperatures, with the maximum no more than 280Cand the minimum sometimes as low as 14°C.
Wind
Two principal wind currents affect Nigeria. The south-westerlies dominate the rainy season of theyear while north-easterlies dominate the dry season. Depending on the shifts in the pressurebelts in the Gulf of Guinea, these winds are interspersed respectively by south-easterlies andnorth-westerlies in different parts of the year. The wetter winds prevail for more than 70% due tothe strong influence of the breeze from the Atantic Ocean
Mean annual wind speed varies between 2 to 6 mls. Speeds in dry season (November - March)are lower. In the wet season (April-October), daily average speed could rise to 15 mis. Values ofup to 25 m/s are sometimes experienced due to inducement by convective rainfall activities andrelative diffusion.
Ambient Air Quality
Generally, air quality in the area complies with regulatory standards. Although, slight variationsare noticed In major industrial cities like Lagos, Ibadan, Aba, Kano, Port Harcourt and Kaduna.
The Federal Ministry of Environment (FMEnv) adopted the WHO standards (Table 3-1) as thenational standards for gaseous emissions against which air quality parameters monitored arecompared in order to ascertain its mleanliness".
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Fderal Ron&e Devukpm Projt EnviwmentW & Social M went Frameork.
Table 3-1: Nigerian Amblent Air Quality StandardAir Pollutants Emission Limits
Table 3-2: Alr Quality Classificaton Based on TSP ValuesRange of TSP Values h4Dm3) Class of AIr QualTy0 - 75 High Quality76 - 230 Moderate Quality231 - 600 Poor Quai!Y
Source: Jain, et al.1976)
Geology
Nigera lies on thp southem portion of the West African Craton. The geological setting comprisesbroadly crystalline basement complex rocks and sedimentary formations. They occur hi equalproportions around the country. The former are highly minerarized and give rise to soils of highnutrient status, although variable from place to place. The ltter are found In the south-east,north-east and north-west of the country, and give rTse to sandy and less variable soils that aredeficient In plant nutrient.
Topography
Nigera has varying landforms and much of the country is dominated by plains, generally lessthan 610m above sea level. The eastern border with the Republic of Cameroun is lined by analmost continuous range of mountains which rise to about 2,419m at Chappal Waddi, the highestknown point in Nigeria.
In the North, the Jos Plateau rises-abruptly from a general level of about 609.5m In the HausaPlains to an average level of some 1,219m but reaches 1,781.6m in Shere Hills. The area westof the River Niger is dominated by the plain, which rises gently frorm the coast northwards 'to thearea of crystalline rocks where inselbergs rise abruptly above the surrounding plalns. The IdanreHills, the highestpoint of these inselbergs, rises to about 981m above sea level.In general, the land surface of the country could be classified Into three broad physical units ormajor relief features namely: the plains; the highlands; the troughs and the river valleys.
Soils Characteristics
The broad pattern of soil distribution in the country reflects both the climatic conditions and thegeological structure; heavily leached, reddish-brown, sandy soils are found In the south, and lightor moderately leached, yellowish-brown, sandy soils in the north. The difference in color relatesto the extent of leaching the soil has undergone.
Nigeria soils are highly weathered and are characterized by light texture, low pH, low organicmatter, low potassium levels, variable phosphorous levels with clay contents ranging between7%-43%.
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Surface and Ground Water Hydrology
Nigeria has two major rivers, the- Niger and the Benue, which traverse the northwest andnortheast portion of the country, then merge at Lokoja before draining down to the Atlantic. Thereare several other rivers and quite a number of minor streams and rivulets that crisscross theentire Nigerian land mass. These include the Ogun, Oshun, Imo, Cross, Osse, Nun and theAnambra rivers in the south and the Kaduna, the Gongola, and the Hadeija In the North.
Generally the water quality in the rivers of Nigeria Is very pood. The average electricalconductivity in the main rivers ranges between 48-65 Umhoslcm and the total dissolved solids(TDS) concentration is about 100mgA. The pH Is less than 6.5, although higher values werereported in swamps and floodplains with levels of 100-150 Umhos/cm2. These rivers are also lowin nutrients, with an average nitrogen content of 0.32mgI and a total phosphorous content of 0.1mg/I. The data indicate water of high quality according to FEPA limits.
3.2.2 Biological Environment
Fauna
Animals found in both forest and savannas include leopards, golden cats, monkeys, gorillas, andwild pigs. Today these animals can be found only In protected places as the Yankari Park,Gashaka Gumpti Park, and Cross River Park. Rodents such as the squirrel, porcupine, and canerat constitute the largest family of mammals. The northem savanna abounds in guinea fowl.Other common birds include quail, vultures, kites, bustards, and gray parrots. The rtvers containcrocodiles, hippopotamuses, and a great variety of marine life.
In the rain forest, few large animals notably gorilas, chimpanzees, baboons and monkeys arepresent. Crocodiles, lizards, and snakes of many species are also present. Hippopotamuses,elephants, giraffes, leopards, and lions now remafn only In scattered locallties and in diminishingnumber. Wildcats, however, are more common and widely distributed. Wildlife in the savannaincludes antelope, lions, leopards, gazelles, and desert hyenas. Nigeria also abounds in bird lifewith a great number of species being represented.
Flora
Vegetation varies dramatically in relation to climate, soil, elevation, and human Impact on theenvironment. In the low-lying coastal region, mangroves line the brackish lagoons and creeks,while swamp forest grows where the water is fresh. Farther inland, this vegetation gives way totropical forest, with its many species of tropical hardwoods, including mahogany, troko, andobeche.North of the forest is the Guinea Savanna, a region of tall grasses and trees. The southernmargin of the Guinea Savanna has been so altered by humans that It is also called the derivedsavanna. Beyond the Guinea savanna lies the Sudan Savanna, a region of shorter grasses andmore scattered, drought-resistant trees such as the baobab, tamarind, and acacia. In thenortheastern corner of Nigeria, the very dry semi-desert Sahel Savanna persists.
3.2.3 Socio-Economics
Demographics
Acccrding to the-1991 census, the population of Nigeria was 88.5 million; with an averagepOpL'u,tion density of 96 persons per sq km.
Rural population 1.65 1.55 1.32 1.17 1.1 1.06 1.02 0.77
Source: UN Habitat
The United Nations estimated the population of Nigeria in 2003 to be 124 mllion, which placed itamong the ten most populous nations In the world. The population density in 2002 was 141 persq km (364 per sq ml). Regional differences are significant; population is densest In the southand sparsest In the north. According to the UN, the annual population growth rate for 2000-2005is 2.53%, with the projected population for the year 2015 at 170 million.
The UN Popultion Reference Bureau estimated that 44% of Nigerian population lived In urbanareas in 2001. The principal cities include Lagos, Kano, Ibadan, Kaduna, and Port Harcourt Iheprevalence of AIDSIHIV has had a ilgnificant Impact on Nigeria's population growth. In 2001, theUnied Nations estimated that 5.8% of adults between the ages of 15-49 were iMng withHIV/AIDS.
Ethnic Groups and Religion
Nigeria is composed of more than 250 ethno-linguistic groups. Three dominant ethinic groupsare the Yorubas, the Hausas and the Igbos. The Yoruba predominate in the South West. Thelgbo predominate in South East. The Hausa and Fulani constitute the largest single groups InNorth. Other important groups include the Kanuri; the Edo (Bini); the Ibiblo; the IJaw: the Tiv; andthe Nupe.
English is the ofricial language while the vast majority of the population conducts commercialactivities in their ethnic language. The literacy level of the population Is 57.1% (male: 67.3%,female: 47.3%). Predominantly the people are Muslims (50%) and Christans (40%) with fewanimists (10%).
Land Use Pattem
The estimated land area of Nigesa Is 924.000 km2. Land use varies based on location and theneeds of the community. However, the different uses of land revoJve around agriculture, industryand social needs such as the provislon of Infrastructure. Recent data shows that about 60% ofthe land area of Nigeria is under various forms of food (crop and animal) production and forestplantation.
Land Tenure
The Land Use Decree of 1978 vests all land in the state through the office of the governor. Landis to be held in trust and administered for the use and common benefit of all Nigerians accordingto the provisions of the Act, By this legal instrument, the state replaced the tradIitonal institutionsof obaship and chieftaincy In thelr roles as keepers of communal land.
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Control and management of land in urban areas is the responsibility of the state govemor, whileall other land (rural, public, etc.) is the responsibility of the Local Govemment of the area. Thegovernor Is empowered to designate certain areas as urban land and tQ grant statutory rights ofoccupancy of fixed periods and rights of access to any person, subject to rental arrangementsfixed by and payable to the state. The local govemment can grant a customary right ofoccupancy to land In the local govemment area (LGA) to any person or organization foragriculture, grazing, residential or other purposes.
Economics
The Nigerian economy rests on two pillars: oiVgas and agriculture. Both sectors contributes 65%- 70% of GDP, while the secondary sector (manufacturing contributes about 7% and the tertiarysector (transport, trade, housing etc) contributes about 25%.
Nigeria's rajor Industries are located in Lagos, Sango Otta, Port Harcourt, lbadan, Aba,Onitrsha, Calabar, Kano, Jos and Kaduna.
Fac3ities
The nain transportation means in Nigeria is the road. Water transportation Is fairly developed insome coastal areas. Air transportation is considered fair with major airports in Lagos, Abuja, PortHarcourt, Kano and Kaduna. The railway sector has experienced a major decline in the lastdecades but efforts are being made to revive it.
Electricity Is suppNed through the national grid. The power supply is erratic; and govemment ispromoting the development of independent power supply to augment the current inadequatesupply.
Wih regard to educational facilities, Nigeria is reasonably served. There are over 50 universitiesconsisting of federal, state and private owned. High schools In most states are insufficient andare in dilapidated state, except for states In the southem part of the country.
Presently the Federal Government is refurbishing all existing tertiary health instiutionsnationwide. There is at least 1 primary health care instituffon in each of the 744 local govemrnmentareas.
4.0 POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORK
4.1 Policy Framework
Economic Policy Framework
The Federal Govemment of Nigeria's recently adopted National Economic Empowerment &Development Strategy (NEEDS) clearly defines its medium-term economic reform agenda andprovides an overall policy objective for the country. The policy rests on promoting growth througha market-based economy with greater private sector partipaton In the economy andGovernment's role iimited to the provision of adequate infrastructure and necessary services.
The implementation of the NEEDS is crucial to the attainment of the country's MillenniumDevelopment Goals (MDG).
National Policy on the Environment
The stated goal of the National Policy on the Environment Is to achieve sustainable developmentIn Nigeria, and in particular to:
* Secure a quality of environment adequate ior good health and well being;• Conserve and use the environment and natural resources for the beneft of present and
future generations;* Restore, maintain and enhance the ecosystems and ecological processes essential for
the functioning of the biosphere to preserve biological diversity and the principle ofoptimum sustainable yield in the use of living natural resources and ecosystems;
* Raise public awareness and promote understanding of the essential linkages betweenthe environment, resources and development, and encourage individual and communityparticipation in environmental improvement efforts; and
* Co-operate in good faith with other countries, International organizatons and agencies toachieve optimal use of trans-boundary natural resources and effectve prevention orabatement of trans-boundary environmental degradation.
Draft National Transport Policy
As part of the Government's reform policy; the Transport Sector Reform ImplementationCommittee (TSRC) formulated a National Transport Policy. The policy aims to:
* Promote an efficient and affordable integrated transport network.* Improve the safety, security, quality and speed of movement of goods and people.* Increase the involvement of the private sector In the financing and operation of
transport related services.* Promote qualitative road infrastructure and operations through dreater effectiveness
and efficiency in meeting customer needs.* Structure the infrastructure to ensure environmental sustainability and intemationally
accepted standards.* Promote a culture of maintenance and upgrading of existing infrastructure.* Build strong financial base (both public and private) for the creation, maintenance and
* upgrading of transport Infrastructure.
A stakeholder conference is planned for the first quarter of 2006 to review the policy and prepareit for implementation.
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4.2 Legal Framework
In Nigeria, environmental issues were of concern to the Government in the late ;380s. TheFederal Military Govemmenf created the Federal Environmental Protection Ager,, (FEPA) byDecree No 58 of 1988, and then formalized its functions by Decree No 59 In 1992. The twodocuments became known as the FEPA Act. The Agency was created as an Integral part of thePresidency with responsibility for the "protection and development of the environment andblodiversity conservation and sustainable development of Nigeria's natural resources". It becamethe Agency's duty to establish such environmental criteria, guidelines, specifications andstandards for the-protection of the nation's air and inter-state waters as may be necessary toprotect the health and welfare of the population from environmental degradaton.
The FEPA Act encouraged States and Local Govemment Councils to set up their ownEnvironmental Protection Bodies for the purposes of maintaining good environmental quality Intheir respective areas.
In 1991, FEPA released its Regulations with respect to pollution abatement In Industries andfacilities generating wastes and effluent limitation, The text of the Regulations rules that "noindustry or facility shall release hazardous or toxic substances into the air, water or land ofNigeria's ecosystems beyond limits approved by the Agency". Equally, every industry is requiredto install anti-pollution equipment for detoxification of effluent and chemical dischargesemanating from the inidustry. Moreover, an Industry or facilty shall:
Have a pollution monitoring units within its premises;Have on-site pollution control; or
* Assign responsibility for pollution control to a person or body accredited by the Agency.
Schedule I of the Regulations establishes a list of Industries required to control their effluentemissions and waste water parameters applicable to this Industry. Schedule 2 and 3 imposeeffluent and gaseous emissions limits.
In 1999, the Govemnment abolished FEPA and created a Federal Ministry of Environment(FMEnv). At the same time I also incorporated nhie departments from other Ministries. Themandate of the new Ministry is to co-ordinate environmontal prtection and natural resourcesconservation for sustainable development and specifically to:
* Secure a quaNty of environmetnt adequate for good health and well being;* Promote the sustainable use of natural resowurces;* Restore and msintain the ecosystem and ecological processes and preserve bbldiversi;* Raise public awareness and promote understanding of linkages of enviruonment; and* Co-operate with government bodies and other countries and international organizations onenvironmental nters.
The organizationa stucture of FMEnv is shown next pa>e.
The specific mandate for environmental assessment in Nigeria is the Environmental ImpactAssessment Decree No. 86 of 1992. This Decree gives specific powers to the FederalEnvironmental Protection Agency (FEPA) now Federal Ministry of Environmental (EME) tofacilitate environmental impact assessments (EIAs) on all new projects in Nigeria and to make anEIA mandatory for new major public or private sector projects, i.e. any proposed physical work oractivity that is likely to significantly affect the environment. In effect, the decree deals with all EIA-related issues including: (a) timing and processing of EIA; (b) content of an EIA report includingthe factors to be considered; (c) public involvement in the EIA process and public informationdisclosure; (d) transboundary Impact of projects, whether state or Intemational; (e) definition andrequirement of environmental management plans for polluting development projects; (t) review ofEIA and conflict resolution mechanisms; (g) powers of the Federal Environmental ProtectionAgency to further regulate the EIA process; and, (h) rUsts of activities subject to mandatory EIA.FMEnv, from inception, has put In place statutory documents to aid the monitoring, control andabatement of industrial waste Including the indiscriminate pollution of the environment. Thestatutory documents currently in place include:
* *FEPA Guidelines and Standards for Environmental Pollution Control in Nigeria, 1991;• The FEPA Harmful Wastes (Crminal Provisions) Decree No. 42,1988;* The FEPA National Policy on the Environment, 1989;* FEPA National Effluent Limitation Regulations, 1991;* FEPA Pollution Abatement in Industries and Facilities Generating Waste Regulations;
1991.* Solid and Hazardous Wastes Management Regulations of 1991;* National Guidelines and Standards of Waste Management in the Oil Industry;
These guidelines-stipulate standards for Industrial effluent, gaseous emissions and hazardouswastes with which managers and operators must comply.
The EIA Act establishes an EIA process or procedure as illustrated In Figure 4-2:
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*'JBBIN ul seseood %fi 04O JO 340 mOlj 8414 :Z-v ojnl5ij~
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This act was drafted folowiQng t.re transformation of the Federal Environmental ProtectionAgency in to the Federal Ministry of Environment but was never ratified. It repeals the 1988Federal Environmental Protection Agency Decree #58 (amended #59 and #14) and establishesthe FEPA as part of the Ministry with the Minister of Environinent having primary responsibilityfor its implementation. It does not repeal any other environmentally related legislation. As wellas the general environmental provisions, which include environmental sanitation andoccupational health, it specifies the powers of authorsed officers and penalties and fines.
Intemational Conventions
Nigeria is a signatory to the following relevant international conventions:
• The Afrcan Convention on the Conservation of Nature and Natural Resources, TheAfrican Convention, 1968;
* The Convention Conceming the Protection of the World Cultural and Natural Heritage,The Wordd Heritage Convention, 1972;
* The Convention on Intemational Trade in Endangered Species of Wild Fauna and Flora,CITES, 1973;The Convention on Conservation oi Migratory Species of Wild Animals, Bonn, 1979.
* The Basel Convention on the Control of Transboundary Movement of Hazardous Wasteand Disposal, 1989;The Framework Convention on Climate Change, Kyoto Protocol, 1995;The Convention on Biological Diversity, 1992;
* The Convention on the Prevention of Marine Pollution by Dumping of Waste, MARPOL,1972.
Nigeria also has obligations to protect the environment through various commitments to theAfrican Union (AU), the Economic Community of West African States (ECOWAS) and theCommonwealth. It is also committed through relations with the European Community under theLome IV Convention.
Other Relevant Regulations
Land tJse Act
The legal basis for land acquisition and resettlement in Nigeria is the Land Use Act of 1978 andmodified in 1990. The following are selected relevant sections:
Section 1. Subject to the provision of this Act, all land comprised in the territory of each state inthe Federation are hereby vested in the Govemor of each state and such land shall be held intrust and administered for the use and common benefit of all Nigerians in accordance with theprovisions of this Act.
Section 2. (a) All land in urban areas shall be under the control and management of theGovernor of each State; and (d) all other land shall be under the control and management of thelocal government within the area of Jurisdiction in which the land is situated.
Therefore, according to the Land Use Act, all land in Nigeria is vested in the Governor of eachState, and shall be held in trust for the use and common benefit of all people. The administrationof land area is divided into urban land which will be directly under the control and management ofthe Governor of each State; and non-urban land, which will be under the control andmanagement of the Local Govemment. The Goverpor of each State will have the right to grant
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statutory rights of occupancy to any person or any purpose; and the Local Govemment will havethe right to grantucustomary rights of occupancy to any person or organization for agricultural,residential ard other purposes.
The Acts gives the govemment the right to acquire land by revoking both statutory andcustomary rights of occupancy for the overriding public interest. In doing so, the Act specifiesthat the State or Local Government should pay compensation to the current holder or occupierwith equal value.
Roads Regulatory Framework
In the past, the Government had concentrated much on road construction, but much has notbeen done in the areas of establishing a regulatory framework and introducing measures thatwould promote effective road maintenance and development. Some Commissions have,however been established to tackle the problem of road maintenance. Some of thesecommissions include:
* The Wey Commission of 1971, which examined the organizational structure of highwaydevelopment and management in five selected countries and thereafter recommendedthe formation of a Federal Highway Authority for the administration of all Federal Roadsin the country;
* The 1979 Panel, which recommended the setting-up of a Federal Highway'Authorityunder the Federal Commissioner of Works. Its functions would Include the planning,designing, construction, maintenance and surveillance of Federal highways.
* The 1996 Workshop which launched the Road Vision 2000 and recommended theestablishment of an autonomous road agency that will be responsible for roadmaintenance; and
* The 1999 Presidential Policy Advisory Commfttee (PPAC), which recommended theestablishment of a central body to ensure high standards In highways development andmaintenance. Also, the committee recommended that funding of highways maintenanceshould be improved by establishing a Road Fund (RF), which will derive its funds fromhighway tolls; vehicle taxes; weigh/bridges and parking fees; and petroleum taxes.
Federal Road Maintenance Agency Bill (FERMA) 2001
This Bill established the FERMA as an agency under the supervislon of the Federal Ministry ofWorks to primarily, maintain all existing Federal trunk roads or such other roads as may bedeclared as Federal trunk roads, from time to time, In Nigeria.
The sources of fund for the Agency will include: grants ftom the Federal, State and LocalGovemments; grants from the organized private sector (OPS) and intemational donororganiZations; toll gate collections; all fees on services rendered by the Agency; monies accruingfrom road concessions; and all other sum which may, from time to Ume, accrue to the Agenvy.
Federal Highway Act (1977)
The act vested the power of management, direction and control of Federal Highways In Nigeriain the Minister of Works, In respect of planning. construction and maintenance, supervision ofhighway users and the regulaton of trafic on all Federal Highways.
The minister has power to acquire land for federal highway construction, compensation inrespect of this where appropriate shall be according to the Land Use Act. The minister has right
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to enter adjacent lands, acquire land under special enactments, declare road to be federalhighway by publication in federal gazette.
The act specify that no person shall create an obstruction within 50 metres of the centreline ofany federal highway or plant any crop required to be sown and reaped within 12 months. The billalso confers the authority to demolish any obstruction or encroachment of the federal highway ordrainages adjacent to it.
Draft Federal Highway Bill (2001)
The bill seeks to amend the Federal Highway Act (1977) and provides that every FederalHighways are under the responsibility of any minister charged with responsibility for FederalHighways. The minister has responsibility for research and development; including planning anddesign; construction and maintenance; supervision of users and traffic regulation.
The minister may delegate his authority to a State Govemment. Under an Head of Agreement,the minister and state highway authority may enter Into an agreement in relation to a highwayspecified in the agreement. State Govemments may maintain and Improve highways under suchagreement.
Every major project for the construction, improvement or maintenance of a Federal Highwayshall be subject td an EIA in accordance with the EIA Act (1992).
Federal highways divided into primary and secondary highways. Primary trunk roads traverse thecountry in a North-South or East-West direction and connect State capitals, major ports,important industrial or tourist centres or adjacent countries and consist of expressways,international road and dual carriageways. While, secondary trunk roads means roads other thanprimary trunk roads which provide access to most part of the country and which carry three digitfigures with their respective sector route number and legend and as listed in Part 11 of theschedule of the Federal Highway Act.
4.3 Assessment of the Legal Framework
The existing legal framework for environmental assessment in Nigeria is considered adequate.Detailed laws, regulations and guidelines have been developed and serve as the framework forconducting EtAs In both the public and private sector. The implementation has been poor due tolack of adequate enforcement.
EJA Act
The Act does not encourage the participation of people whose lives are likely to be affected by aproject; rather, it encourages the c9llection and documentation of technical information which isconfusing and unintelligible to a majority of people. All too often, the provisions enshrined in thelaw are not enforced.
FEPA Sectoral Guideline
FEPA's Guideline covering infrastructural projects dealt with both the procedural and technicalaspects of EIA for road projects. The guideline stressed the need of carrying out an EIA at theeafliest stage possible. Infrastructure Project EIAs have been conducted in rather loose forrn,and often taken as supplementary requirement to overall economic and engineering issues.
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Environmental Policy
The policy and its laudable institutional arrangements have not yielded the desired results. Thisis principally due to weak enforcement; inadequate manpower in the area of integratedenvironment management; insufficient po4litical will; inadequate and mismanaged funding; a lowdegree of public ?wareness of environmental issues; and a top-down approach to the planningand implementation of environmental programmes.
Land Use Act
The Land Use Act points out that the interests of individuals and communities have beenreduced to mere jights of occupancy, which can be revoked by the appropriate authorities oncertain conditions such as 'over-riding public interest' (right-of-way, mining activities etc).Moreover, the law is ambiguous in certain respects and makes interpretation difficult. The Actwhich grants excessive powers to the Federal and State Govemments has a dramatic impact onland rights. It does not provide adequate security against forced evictions, harassment, andthreats.
Federal Road Maintenance Agency (FERMA) Act
The agency being under the FMW has been bogged down by bureaucracy from Inception andhas digressed into traffic control and other responsibilities of State and Local Governments,thereby, neglecting its functions. The bill does not articulate a programme for the roads 'and theRoad Funds has Pot being set up.
Federal Highway Act (1977)
The act vested the power of management, direction and control of federal highways in Nigeria inthe Minister of Works. Being responsible for other sectors of the economy, the minister is unableto focus on roads maintenance. This situation explains the need for an autonomous FHA.
4.4 World Bank Safeguard Policies
The World Bank has operational safeguard policies, which apply to various development projectswhich the bank is either implementing or funding. The objective of these policies is to prevent orat least minimize social environmental risks while increasing socio-economic bonefits ofapproved projects. The effectiveness and positive impact on development of projects andprogrammes supported by the Bank has substantially increased as a result of these policies. TheBank's safeguards policies include:
* OP 4.01 Environmental Assessment• OP 4.04 Natural Habitats* OP 4.09 Pest Management* OP 11.03 Cuftural Property* OP 4.12 Involuntary Resettlement• OD 4.20 Indigenous Peoples* OP 4.36 Forests* OP 4.37 Safety of Dams* OP 7.50 Projects In Intemational Waterways• OP 7.60 Projects in Disputed Areas
The World Bank shares responsibility with the federal and state govemrnments for ensuring thatsafeguards aren't violated.
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In preparing this ESMF, a consideraton of the type of the planned invwtments vis-a-vis therequirements of the Bank Safeguard policies has led to the determination that only the followingBank policies apply:
1. Environmental Assessment (OP4.01, BP 4.01, GP 4.01)2. Involuntary Resttlement (OP/BP 4.12)
Notwithstanding, oince the fexct igQation of the investments was not knowr at the tim ofpreparation of the FROP, and the possibility for present selected 'unity' roads, to be deselecteddurng project implmentaton in favor of or roads, othor tank policies may apply and not allpolcies seted above may apply qImultmneously.
Therefore, a complate desqif$Ign of the Bank safeguards and their triggers for applicability conbe found on the World Sankl officI wb site www.worldbank.org end summarized In Annex 1.0
The already identified World Bank's operational policies that are triggered by the FROP aresummnarized below:
Tabia 4-1: Applheable World Bank OperatIonal Pollcies
Enviroental Wo Bank financed p niSts must be environmentally sound andassessmnent (EA) *ustuebl., The type and detail of the EA is dependent on the nature,
sael and potential environmental risks. The safeguard Instrument usedhere Is the Environmental and Social Management Framework (ESMF).
InvolLntary People who have to be removed or who lose their livelihood as a resultrestiement of the proJect must be resettled, compensated for all of their losses and
they must be provided with a stuation that is at least as good as the onefrom which they came. The safeguard Instrument applicable undor theFROP Is the Resettlement Policy Framework (RPF).
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5.0 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS
6.1 Introduction
The Implementation of the FRDP will enhance the economic development of the country throughthe facilitation of access, communication, trade and free movement of goods and services. Theproject will contribute to reducing transportation cost and travel time, and the spate of accidentson Nigerian roads. The project will also result in induced socio-economic development withopportunities for the rapid marketing of foodstuffs and development of agricultural production.
The construction, maintenance and rehabilitation of roads, however, have caused widespreadnegative environmental impacts. Poorly planned roads and bad practices in construction,maintenance and rehabilitation have far reaching and negative effects. Table 5.1; gives anoverview of the major environmental impacts of roads project
TabI S.1: Environmental Impacts of roads projects
Environmental Parameters Environmental ImpDcts
Soil* Slope failure and mass movements* Soil erosion and modificaion of surace relif
Sedmentation of roadside water bodes and drains* Loss of productive topsoil In borrow areas* Soil contamination
Water I * Modikcation In flow of surface water and groundwaterModificato Of surface end groundwater du1ngconstruction and consequent drying and flooding 1
* Water quality dogradation by wasb materials.equipment lubricants. fuels and debergentsSedimentatlon of surfac water bodies
Ecosystem 1 * Damage, fraomentation or loss of habitat and
Destructon of vegetation. * Disappearance of reproduction and fbod zones for fish.
aquatic and migratory birds* Contamination of blota* Poaching of animals* Transmission of diseases
k Incease in poaching and subsequent hunting andfishing 1
Air ; *a Air quality deterioratondegradation - caused by dust 1and vehicle emissions generated through construction* activity, construction machinery and vehicular traffic
Community ictMvtioes a Spilt Communitya Drsintegration of soci1 activitis* Disruption of traditional modes of transport* Loss of road side community business* Degradation of road side environment owing to rlbbon '
ad -develo mrnenDisplaemen at resettlement r a* of both private a ub utions anI
utiiuties* Displacement of settlements, business and properties
Problem with resettlement for households, proportiesand utUiiia
- Problem with basic utilities in displaced andrresettlementareasu
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Cultural Heritage | Damage of sites, structures and remains ofarcheological,historical,religious and cultural value
* r Degradation of aesthetic value of historical vailue of |historical and cultural monuments
Landscape * Destruction of natural relief (caused by major cut and
ilChae in natural drainage pattemrI Destruction of vegetaton and trees* Deforestation and desertification
Human health and safety *Transmission of diseases. * Cntamiabonof local water supplies
* Air pollution & Vibration disturbance |* Noise disturbance -
* Road accidents. Obstructions/unsafe conditions owing to presence of
road side poles,ditches,trees,steep slopes and barrlers
In Nigeria, road projects were mostly based on economic needs without taking into accountenvironmental consideration. EIA has been conducted in loose forms, and often taken assupplementary requirement, secondary to the overall economic and engineering issues.
5.2 Environmental Impacts
Construction Phase
i Flora and Fauna
The widening of existing road, opening of the right of way, exploitation of material sites andquarries and clearing of forest or vegetations could result in depletion of vegetation that will resultin: loss of the plant cover and forest trees, disturbance and loss of fauna habitats, weakeningand degradation of soils, disturbance of the natural landscape and disfiguring of the naturalmorphology.
ii Soil and Land Degradation
Earth-moving equipment such as excavators will be used in cutting and excavation. This earthmoving equipment or machinery at the site during construction will not only expose the soil toerosion, but will also compact the soil and break down the soil structure though this wouldpotentally decrease the drainage of the areas.
Furthermore, the risk of accidental discharge of hazardous products, leakages fromhydrocarbons, oils or grease from construction machinery, can also constitute sources ofpollution of soils and water resources. Also, the high pressure on water resources can causepotential conflicts, particularly during the dry seasons in certain localities of high scarcity in thenorthem part of the country.
ill Visual Intrusion
Road rehabilitation will change the natural landscape setting or characters of the area. Theclearing of vegetation, widening of existing roads will impact the visual amenity of nearby housesand communities around the project area.
iv Vehicular Traffic
The construction work will result in high traffic volume on the roads. Wastes generated fromproject activities such as cement bags, paint drums, debris will result in pollution and constitute
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obstructions to road transport. The transport of raw matrials will Introduce a number of heavytrucks on the main road and this could increase the risk of motor accidents and also result invehicular-pedestrian conflicts.
v Noise Level and Ground Vibration
During construction, the negative impact on the natural and biological environment will be noiseand vibration, cassed by machines, site vehicles, explosions in quarries, crushers, pneumaticdrills, etc. These impacts can affect the quietness of the wildlife and provoke its displacement tocalmer areas.
vi Construction Wastes
Activities at construction sites will produce construction wastes such as excavated soils anddebris. Excavated wastes could obstruct the general public, the movement of the workers, andvehicles as well as affect the aesthetics.
vii Slope, erosion and drainage
If the topography of the project area is hilly, erosion problems during construction are likely to bemore severe, as compared to a flat area. However, if the area is flat, water will not drain awayeasily, and there will be the tendency for pools of water to be created. These pools, if not drainedregularly will provide favourable grounds for mosquito and other disease vector breeding.
viii Occupatiopal Safety and Health
Safety of the local population may be at risk during the construction phase. The movement oftrucks to and fro the site, the operation of various equipment and machinery and the actualconstruction will expose the workers to work-related accidents and injuries. Pollutants such asdust and noise could also have negative implications for the health of workers and near-bycommunities.
ix Air Quality
Air Quality will also be Impacted by emissions from vehicles, earthmoving equipment andreleased particulate matters. At the peak of construction' various equipment rated between 200-600 horsepower and buming diesel fuel would be operated. The USEPA AP42 EmissionFactors for diesel industrial engines was used to estimate emission from construction equipment.The estimated emissions from equipments are shown in Table 6.2.
Table 6-2: Estimated Emissions from Construction EquipmentConstituents Quantity Emitted (kg/day)Nitrates. 160Carbon monoxide 6400Sulphates 10Particulates less than 10rn,- 10Caron dioxide 15300Aldehydes 10
x Water Quality
Excavation and construction of pavement structures will impact water resources (springs, wellsetc). This would also affect the movement of surface water and could interfere in waterways.Water quality will be impacted by wastewater discharge from construction activities. These willinclude discharges from onsite sewage system, domestic wastewater or by rainwater run-off from
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the developed areas such as workshops etc. discharge of this wastewater into surface waterswill impact water quality by causing changes to its physical, chemical and biological properties.
Given high anticipated volume of waste/spoil that will be generated, it is likely that the waste willbe stockpiled on either side of the roads. If it is not propedy contained, rains could carry it alongwith runoff into other surface waters, leading to increased turbidity and siltation problems there.This would affect aquatic resources such as fisheries and aquatic invertebrates.
5.3 Social Impacts
5.3.1 Construction Phase
i Loss of Livelihood (roadside community businesses)
The open space of a road's right-of-way (ROW) is commonly encroached by local communities'activities. These activities may take many forms Including; selling of goods; small businessessuch as cafeterias; and growing of crops and drying of farm produce etc
These activities will cause significant disruptions especially to the sellers. Among the kinds ofdisruptions to occur are:
* Separation from their kiosk, and need to travel longer distance to reach work andpotential unavailability of transportation
* If a business is moved, separation from established customers* Separation from usual source of goods and materials to trade
ii Community Split
Communities owe much of their vitality to the ease with which economic and social interactiontake place. Ironically, while roads are central to this continuing interaction, the widening of anexisting road may cause disruptions to local interaction. Significant widening of existing roadscan also split a community.
During construction, the movement of people from neighbouring villages, in search ofemployment could upset the socio-cultural balances among the native communities in terms ofmoral depravity, debasement of customs and traditions and the proliferation of sexuallytransmitted diseases.
iii Disruption of Utilities Service
The excavation and cutting during construction may cause temporary disruption of utility servicessuch as electricity and water. Such disruptions may incur the anger of the communities in theproject area.
iv Displacement of people
The rehabilitation and maintenance work on existing roads as well as the need for access duringconstruction may require the demolition of dwellings, compound walls, kiosks, toilets, footbridges etc.
Compensation for loss of assets or livelihood may be required. Resettlement issues andcompensation are addressed in the ReseKtlement Policy Framework - which has been preparedas a stand alone document.
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v Contractors' (Workers) Camp
The civil work contractor will have to establish and operate a camp which will house offices,workshops etc. The selection of the camp location should be based on approval of the RSDTproject supervisor.
Problems that may be encountered include temporary resettlement of some residents, erosionand disposal of liquid and solid wastes. Other social impacts associated with the contractors'camp are theft, alcoholism and sexually transmitted diseases (especially HIV/AIDS).
vi Traffic
Built-up communities around the roads where there are commercial and socio-economicactivities will experience heavier human and heavy vehicular traffic. Construction relatedactivities will create nuisance to the users of the road e.g. storage of construction stones andchips close to the road.
5.3.2 Operation Phase
L. Air Quality and Noise Level
Improved road condition will result in heavy vehicular traffic and subsequent air pollution andnoise from horn honking drivers. The improvement of the road will also result in an increase inthe movement of heavy trucks, notably those carrying petroleum & chemical products, etc. thatcould constitute environmental hazards in case of accidental discharge. The areas at risk areessentially the urban areas such as Kaduna, Lagos, lbadan, Aba, and Port Harcourt.
ii. Water Quality and Hydrology
With the clearing- of vegetation, there will be enhanced runoffs in the low lands (duiing rainyseasons) due to the increase of paved areas. This will be particularly marked in villages withextensive clay cover.
iid. Socio-economics
- Traffic
The main Impacts of the proposed project will be heavier vehicular movement with improvedroads.
- Local Economy
The impacts of the project on the local economy are largely positive. The implementation of theFRDP will further open-up the country and facilitate easy access, and trade (free movement ofgoods and services). The FRDP should benefit the surrounding communities through lowertransportation cost, better access to markets, goods and services such as health and education.
However, socio-cultural and economic problems could arise in view of the competition betweenroad side businesses, erosion of customs and moral values, language differences, etc.Furthermore, uncontrolled development induced by the FRDP could result in the irrationalexploitation of available resources and this could intensify poverty in the regions.
The improvement of the quality of the road sections will translate Into a higher traffic movement.This could constitute a risk factor for potential accidents not only for the local dwellers and otherroad users; but also for domestic animals and wildlife crossing roads in protected areas andaround the towns.
Population Structure Effects
The FRDP potentially offers employment opportunities for both skilled and unskilled labour andmay bring financial benefits to communities surrounding the roads, It is. anticipated that jobseekers will migrate into the project area. This could upset the gender balance and equity incommunities adjoining the roads.
- Cultural Effects
As a result of the improved quality of the road which will become passable throughout the year,the influx of people from various areas should be expected (other countries in the sub-region) fordiverse activities: trade, tourism, holiday, which could scale up the pressure on naturalresources, provoke disturbances and socio-cultural conflicts, lower local morals and upsetcustomary and traditional balance.
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6.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANNING, REVIEW ANDCLEARING PROCESS
6.1 General
For the maintenance, rehabilitation, and upgrading for the 5700 kilometres of roads identified inthe project documents, this EA instrument has been developed. It includes all the actions to beundertaken to lirit, reduce or eliminate the potential negative impacts Identified. These actionsconcern the mitigation measures to be applied, control and monitoring measures as well as thenecessary support measures for awareness raising and capacity building.
It is anticipated that the FRDP will be implemented through long-term performance basedcontracts using design, build, operate, maintain, and transfer (DBOMT) principles. Theseindividual contracts will be about 10 years long with the contractor responsible for design, andworks execution tasks. These tasks could be scheduled, based on actual infrastructuralrequirements, at any stage of the 10 year contract period. The social and environmentalmanagement process will involve the following steps and procedures.
6.2 Screening of Sub-projects
The purpose of the screening process is to determine whether sub projects are likely to havepotential negative environmental and social impacts; to determine appropriate mitigationmeasures for activities with adverse impacts; to Incorporate mitigation measures into the subproject design; to review and approve sub project proposals and to monitor environmentalparameters during implementation. The extent of environmental and social work that might berequired for the sub project prior to implementation will depend on the outcome of the screeningprocess.
For the three-phased program, the consultants shall carry out a screening and review process forall roads in each phase. This will involve: (i) visual inspection of roads and initial consultations;and (ii) identification of safeguard issues for each individual road. Based on this, the Contractorshall submit a Screenina Report, which will include:
* Inventory of findings, length of road, number and size of culverts, etc.;* Material sources;* A summary of baseline environmental and social conditions for all individual roads, based
on visual inspection and consultations;* A summary of main environmental and social issues to be addressed; and* A time-bound Action Plan for completing the ESMP and (if applicable) the RAP.
The sub-project Screening Reports will be submitted to the RSDT's Environmental and SocialMitigation Unit (ESMU), who will review the results and recommendations and, confirm that allproject-financed 'roads fall within Environmental Category B and that the recommended ActionPlan it appropriate. Roads considered to fall into Environmental Category A will not be financedby the FRDP and therefore alternatives for such roads may be identified at this time. The ESMUwill then submit the Screening Report with their recommendations to the World Bank Task TeamLeader for a no-objection to proceed with the detailed Environmental and Social ManagementPlans or Environmental and Social Impact Assessments (ESIA), and Resettlement Action Plan (ifrequired). The process, screening report format and the environmental and social checklists areprovided in Annex 2a through 2c.
The screening will enable categorization of sub-projects based on their environmental and socialimpacts as described in the next section.
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6.3 Project Categorization
Each sub-project detailed under the three-phase program shall be categorized, based on thevisual survey and initial consultaffons. Each road-will be categorized into one of two categories:
A proposed project is classified as Category A if it is likely to have significantadverse environmental impacts that are sensitive, diverse, or unprecedented.
Category These impacts may affect an area broader than the sites or facilities subject toA: physical works. EA for a'Category A project examines the projecrs potentialnegative and positve environmental Impacts, compares them with those offeasible altematives (including the "without project situaton), and recommendsany measures needed to prevent, minimize, mitigate, or compensate foradverse impacts and improve environmental performance.A proposed project is dassified as Category B if it's potential adverseenvironmental and social impacts are less adverse than those of Category Aprojects. These impacts are site-specific; few if any of them are irreversible;and in most cases miftigation measures can be designed more readily than forCategory Category A projects. The scope of EA for a Category B project may vary fromB: project to project, but it is narrower than that of Category A EA Uke Category AEA, it examines the projects potntial negative and positve environmentalimpacts and recommends any measures needed to prevent, minimize, mibgate,or compensate for adverse impacts and improve envronmental performance.
6.4 Environmentil and Social Management Plans
Upon receiving a no-objection tq the Screening Report, the consultants will prepare anEnvironmental and Social Management Plan (ESMP) for each sub-project. The ESMP willconsist of the set of mitigation, monitoring and institutonal measures to be taken duringimplementation and operation to eliminate, offset, or reduce adverse environmental and socialimpacts to acceptable levels The ESMP should also include the actions needed to Implementthese measures, including the following features:
Mitigation: Based on the identified environmental and social impacts, the ESMP shoulddescribe with technical details of each mitigation rneasure, together with designs,equipment descriptions and operating procedures as appropriate.
Monitoring: The ESMP should include monitoring objectives that specify the type ofmonitoring activities that will be linked to the mitigation measures. Specfically, themonitoring section of the ESMP provides:
* A specific description and technical details of monitoring measures that includethe parameters to be measured, the methods to be used, sampling locations,frequency of measurenents, detection limits (where appropriate), and definition ofthresholds that will signal the need for corrective actions, e.g. the need for on-siteconstruction supervision
* Monitoring and reporting procedures to ensure early detection of conditions thatnecessitate particular mitigation measures and to furnish Information on theprogress and results of mitigation.
The ESMP should also provide a specific description of Institutional arrangements, (i.e. who isresponsible for implementing the mitigation measures and carrying out the monitoring regime(for operations, supervision, enforcement, monitoring of Implementation, remedial action,financing, reporting and staff training.).Additionally, the ESMP should include an estimate of thecosts of the measures and activities recommended, the mitigation and monitoring measures
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recommended in the ESMP should be developed in consultation with all the affected groups toinclude their concems and views in the design of the ESMP.
Typically, the ESMP would follow a mandatory format as shown.in Annex 3, and as the annexportrays, the FRDP road-specific ESMPs should include the following:
* Overall description of the sub-project package* Baseline conditions* Potential negative and positive impacts* Analysis of alternatives* Mitigation measures for negative impacts* Monitoring and supervision* Implementation arrangements* Record of public consultations and disclosure
Detailed guidanoe on ESMP, potential impacts and mitigation measures by the different phasesare provided In Annex 4.
In some cases, the consultant, instead of preparing an ESMP, will feel more comfortablepreparing an Environmental and Social Impact Assessment (ESIA) with a well detailedEnvironmental Management Plan (EMP). Annex 5 shows the procedures for roads sub-projectsInvestments requiring an ESIA.
6.6 Resettement Action Plans
Where resettlement needs are identified during the scoping and screening, a ResettlementAction Plan (RAP) will be prepared, in accordance with the Resettlement Policy Framework(RPF), which has been prepared separately.
6.6 Consultaftons and Disclosure
The preparation of the ESMP will include on-site consultations with local stakeholders for eachroad sub-project. All draft ESMPs and RAPs (if applicable) will be submitted to the RSDT andFMEnv, as well'as the World Bank for comment and clearance for public disclosure. Uponclearahce, the RSDT will disclose the documents at the national level and in the relevant Statesand request the World Bank to disclose the documents at the Bank's Info Shop
6.7 Contract Provisions and Pre-Tender Meeting
Specific provisions will be included in construction contracts to mandate the use of formal healthand safety measures to minimize accidents and avoid fatalities during the construction process.Standard environmental requirements and social requirements (as contained in the generalenvironmental management conditions for construction contracts in Annex 6), including provisionfor HIV/AIDS awareness campaigns and distribution of condoms will be incorporated into thecontract provisions.
To ensure full understanding of the contract requirements by the contractors at the pre-bidinspection stage, all participating contractors will attend a Pre-Tender Meeting, where they will bebnefed on their responsibilities to address environmental, social, health and safety issues.
6.8 Monitoring and Supervision
Oversight for the environmental and social management process of the subcomponent will beassured by the supervisory consultants in collaboration with the Environmental and SocialDevelopment Specialist of the RSDTs ESMU. This will include:
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Planning and Preparation:
* Review and approval of the Screening Reports* Review and approval of ESMP and RAP (if applicable).
Execution:
* Review and evaluation of the RSDT ESMU's environmental specialist and the RoadEngineer.s (RE) Monthly Reports on Contractors' compliance with general and specificenvironmental and social contract clauses.
* Review and evaluation of special monitoring reports related to RAP (if applicable).
Operations:
* Review and evaluation of RE's Reports on Maintenance Contractor's compliance withgeneral and specific environmental and social clauses.
* Liaison with community on safety campaigns and other mitigation during operations.* Monitoring of socio-economic impact indicators.
The RSDT slhall maintain a dossier for each road sub-project. This dossier will include:
* Screening Report and all attachments* Draft and Final ESMP and RAP (if applicable)* Records of all consultations, records of compensation assessment and signed payment
records, plus records of any complaints* Reports of employment generated by the project* Monthly RE reports of compliance with ESMP. The ESMP for each road will include a
checklist of impacts and mitigation measures for that road.
During construction, the Road Engineer (RE) in RSDT will be responsible for monitoring theContractor's compliance with all contract clauses addressing environmental and social impactmitigation. For this purpose, the RE will refer to the contract Environmental Specifications andproject-specific ESMP or ESiA and report on such compliance In his monthly reports.
6.9 Mitigation Funding
Cost of Design Measures
The quantities, specifications and estimated costs of design measures to avoid or mitigatenegative impacts will be assessed by the design consultant and incorporated into the worksbidding documents. The contractor will execute all required works and will be reimbursed throughpay items in the bill of quantities, which will be financed by the project.
HIV/AIDS Awareness Program
The quantities, specifications and estimated costs of the HIV/AIDS Awareness Program andcondom distribution will be assessed by the design consultant and incorporated into the worksbidding documents. The contractor will execute the program through a subcontract and will bereimbursed through pay Hems in the bill of quantities, which will be financed by the project.
Resettlement Costs
The quantities, specifications and estimated costs of compensation will be specified in theResettlement Action Plan and incorporated into the works bidding documents. The contractor will
Federal Roads Dewiopmt Pj* Emnlm'ai aoci Mane-emen! Framewok
effect payments and will be reimbursed through pay Items In the bil of quantities, which wMl befinanced by the project.
Post Construction Costs
During operations, the costs of mitigation In the course of maintenance contracts will be incurredby the -contractor and borne by the RSDT.
6.10 Summary of Environmental and Social Management Process
The table next page summarizes the environmental and social management process by phase..
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Federal Roads Oevlopmnenl Project Environmental &Soclal Management Framework
Table 6-1: Summary Environmental & Social Management Process by project phase
Road Project Cycle Phase Actitvies Responsibliies' Initial site visk & consultations.. Identfication of technical, environment and social issues and
Scoping and ap~plicable sareguards poliesPlanning Screening V Categorization Consultant; Supervision by RSDT
V Action planV Screening Report
/ 4 Noa-ObjctonPreparation of ESMP or ' Draft ESMP or ESIAESIA and-RAP (if D Draft RAP (if applicabes) Consultant; Supervision by RSDTapplicable) and V Consultationsconsulations V WB NoO on
Design Discosure V Discosue of ESMP/ RAP locally & to=W InfoShop RSDT; World Bank
Finalization and V F-nal version of ESPIRAP C ta Spervison by RSUTIncorporation V IncorporaGon of ESMP into contract documents. _v WV No-ObleclIon --
Implementation and V Implementation Contractors; RE; Supervision byExecution montoring Monitoring & reportIng on envIronmental and social mitigation RSDT& Community. -measuresOPerations Operations and V Maintenance Contractors; RE; Supervision bymaintenance V Monitoring & reporting on errironmental and sodal mitigation RSDT& Comnmnlty
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_Federal Roads Devnent Prct Environmental & Social Mananramework
7.0 INSTITUTIONAL ASSESSMENT AND FRAMEWOR FOR ENVIRONMENTAL ANDSOCIAL MANAGEMENT
7.1 Institutional Roles and Responsibilities
The main institutions with key responsibilities in this ESMF are:
7.1.1 The Federal Ministry of Works (FMW)
The role of the Federal Ministry of Works in this project is one of coordination, promotion andpolicy development. The FMW is responsible for the development, management andmaintenance of the Federal Road network in Nigeria. The responsibilities of the FMW fall in twomain categories; (i) implementation of the federal component of the project, monitoring andevaluation, troubleshooting, quality assessment and control, and coordination, and (ii)information help desk on a range of procedural and project management issues includingprocurement, financial management, disbursement, performance benchmarking for waterutilities, and other information which the RSDT is likely to seek.
Specifically with regards this ESMF, the RSDT at FMW will play an oversight role by ensuringthat they are performing and carrying out their responsibilities as detailed in the approved ESMP.The RSDT will play this role by relying on the analysis of periodic reports of the Federal Ministryof Environment (FMEnv) and the respective State Environmental Protection Agencies/Authorities(SEPAs)
Thus the FMW will perform a central processing and coordination role between the SEPAs andFMEnv on the activities of the RSDT by being a channel for receiving, compiling and processingperiodic monitoring reports and for issuing necessary corrective guidelines and to report to theWorld Bank
7.1.2 RSDT Management Steering Committee (MC)
The MC will have the overall monitoring and advisory function of RSDT. The membership of theMC will comprise the Permanent Secretary as Chairman, the Director of Design and Planning,the Director of FERMA, the Director of Construction Federal Ministry of Works, and the Directorof RSDT
7.1.3 The Federal Ministry of Environment (FMEnv)
One of the primary responsibilities of the Federal Ministry of Environment (FMEnv) is to ensurethat all major development projects in Nigeria are subject to mandatory Environmental ImpactAssessment (ESIA) pursuant to EIA Act. No. 86 (Decree No. 86) of 1992. The FMEnv reviewsand approves EA documents for category A projects; especially the complex and more riskyones. For the RSDT the FMEnv and/or the respective competent SEPAs will handle the reviewsand approvals.
The role FMEnv will play in this project is one of monitoring, to ensure (i) that the SEPAs arereviewing the ESMPs (or ESIAs as the case may be) and clearing them according to FederalGuidelines, State Laws and World Bank Safeguards policies, (ii) that respective SEPAs aremonitoring the activities of the RSDT during construction and post-construction ( i.e. operationsstage) at all locations in the Country in which the RSDT have on going works. The FMEnv willreport to the FMW.
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7.1.4 State Environmental Protection Agencies (SEPAs)
The SEPAs will be responsible; (i) for ensuring that activities planned under this project by theRSDT comply with respective states environmental laws and requirements, and that of theFederal Government and the World Bank's triggered Safeguards Policies, (ii) for receiving,review, commenting, requiring revisions where necessary and clearing and approving themandatory and corresponding ESMP, (iii) in collaboration with the RSDT ensure thatcontractors/consultants adhere to the General Environmental Management conditions forconstruction contracts (iv) to perform regular and intrusive monitoring regime of the construction,operations and maintenance stages of the activities of the RSDT, and (v) for preparing periodicmonitoring reports and to send these reports on a regular basis to the FMW, who then processthem and send them to the FMEnv and World Bank.
7.1.6 Road Sector Development Management Team (RSDT)
The RSDT was established under the Federal Ministry of Works (FMW) in November 2004. TheRSDT will implement the FRDP, tindertaking project preparation and implementation until theformation of an autonomous Federal Highway Authority (FHA).
The specific functions of the RSDT include:
Procurement of consultancy services, including provision of conceptualfeasibility designsand supervision management services for Unity Roads totaling about 5,500 km;
* Letting out road works contracts for the works projects both maintenance anddevelopment, including required detailed engineering designs;
* Letting out consultancy supervision contracts;* Overall Project Management;* Letting out Technical Audits contracts;* Developing Business Plans and detailed budgets;* Producing project progress reports showing the actual implementation status; and* Producing Annual Financial Statements audited by independent extemal auditors
With respect to this ESMF, the RSDT will be responsible; (i) for complying with all Federal, Stateand Local Laws regarding the environment and with all social/poverty guidelines, parameters andtargets set by the project, and of all triggered World Bank Safeguards policies, (ii) ensuring thatconsultants and -prepare an ESMP (or ESIA) report for their planned investments under thisproject and to submit the ESMP to the FMENV/SEPAs for clearance, (iii) to implement allappropriate mitigation measures identified in the ESMP into the project planning cycle, technicaland engineering designs and drawings, and contracts, (iv) to ensure that these mitigationmeasures are complied wih during construction and post construction (i.e. operations ) stages oftheir activities, by self monitoring of their activities and by periodically reporting to the SEPAs andthe FMEnv, and (v) to ensure that contractors/consultants adhere to the General EnvironmentalManagement conditions for construction contracts (see Annex 6) and (vi) to comply with anydirectives that may be issued from time to time from the SEPAs and FMEnv.
7.1.6 The World Bank
The World Bank has overall responsibility to ensure that its Safeguards Polices are compliedwith. In addition, will be responsible for the final review and clearance of ESMPs (or ESIAs); aswell as review and give 'no objection' to ESMP TORs.
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7.2 Capacity Assessment to Perform Attributed Institutional Roles
7.2.1 The RSDT of the Federal Ministry of Works
The RSDT will perform selected coordination tasks and serve as a resource and information helpdesk. The RSDT is currently in place and consists of experienced staff. The environmental andsocial specialist in the RSDT will be responsible for following up emerging safeguards issues ascontained In the ESMF (this document) and the RPF.
Other key responsibilities would be:
* Coordinate, liaise with and monitor the FMEnv/SEPAs* Advise FMW on Environmental issues* Compile and prepare periodic Environmental reports for submission to World Bank
7.2.2 Federal Ministry of Environment (FMEnv)
The role of the FMEnv in this project will be that of monitoring. The staffing levels at the EIAdivision of the FMEnv and the Impact Mitigation and Monitoring ([MM) Branch of the EIA divisionare sufficient with adequate experience to carry out these roles.
7.2.3 State Environment Protection Agencies (SEPAs).
The SEPAs will perform the following key roles in this project:
* Review, comment and clear RSDT/Contractors ESMP* Monitor activities/operations of the RSDT* Enforce state laws.* Report to FMEnv and FMW on a periodic/regular basis.
The staff in these different institutions will be provided with training following the programmebelow:
Institutional Capacity Strengthening Program
Target Description Application DuratonAudience
RSDT and General environmental Personnel require Three daysContractors awareness seminar that will appreciation of WB's, seminarpersonnel include ecological and social FederalState environmental
science principles, legal policies, as well as, anresponsibilities, consequences appreciation for the need toof non-sustainable development, support environmentallycosts of poor environmental sustainable development.decisions, and introduction tothe EIA process.
RSDT's An in-depth comprehensive The target audience will be 10 daysEnvironmental course on environmental responsible for EA review at workshopSpecialist, * management including legal the State and Federal levelsSEPAs and requirements, EIA methodology, and for preparing TORs forFMEnv EIA consultants as well asEnvironmental Inmpact determination (methods) monitoring consultants' work -
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and Social and mitigation analysis, public and final approval of ElAs.Specialists involvement methods, Target audience will also be
ESMP/ESIA preparation, , responsible for conductingmonitoring techoiques, environmental audis onpreparation of ElAs, TORs, and selected sub-projects and forother. Course will include field periodic monitoring of sub-visits and classroom exercises. project implementation to
ensure compliance.
Federal General environmental Local Govemment level staff One dayMinistries of awareness seminar that will requires an appreciation forWorks and Include ecological and social the WB's and NigerianTransport, science principles, legal environmental requirements,
responsibilities, consequences as well as, an appreciationof non-sustainable development, for the need to supportcosts of poor environmental sustainable development.decisions, and introduction tothe EIA process.
The cost estimates are based on the assumption that resource persons are likely to come fromother parts of the country and therefore require travel allowances; participants will come fromlocal communities and attend during the day only but will receive a per diem. These estimatesinclude an allowance for travel expenses. It is proposed that the training programme will beimplemented two times a year, over first four years of the project cycle. The total cost isestimated at US $ 500,000.
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8.0 ENVIRONMENTAL MONITORING PLAN
The environmental monitoring program for the implementation of the FRDP will serve as anintegral part of the operational activities of the RSDT and is expected to generate the requisiteinformation for environmental management and environmental information dissemination.
It is anticipated that monitoring will be conducted during all phases of the project: design,construction, operation and maintenance. This plan will play a pivotal role in ensuring that thetrends for specific parameters are tracked and it will provide information on compliance withlegislative norms, set guidelines or desirable operational limits; and form the basis for correctiveactions and modification of activities if necessary. The intensity of sampling will depend on thetime and location of the development activities and results derived from monitoring data.
8.1 Monitoring Objectives
The aim of the monitoring Is to establish appropriate criteria to verify the predicted impact of theFRDP, and to ensure that any unforeseen impacts are detected and the mitigation adjustedwhere needed at an early stage. The monitoring will keep relevant records to ensure compliancewith sound environmental procedures recommended. The plan will ensure that mitigatingmeasures and impacts of the project during construction (upgrading and maintenance) andoperation phases are implemented. Adequate funds will be provided for this purpose through theproject.
Specific objectives of the programme are to:
* check the effectiveness of suggested mitigative measures;* demonstrate -that the project activities (construction and operation) are carried out in
accordance with the prescribed mitigation measures and existing compliance regulatoryprocedures; and
* provide early warning signals whenever an impact indicator approaches a critical level.
Impact Indicators are defined In terms of carrying capacity, threshold levels, and regulation andenforcement standards. Implementation of the EMP will alldw the RSDT to potentially control andmanage the timing, location and level of impacts and potentially provide the cause and effectdata for the empirical verification or validation of various predictive models of actionlimpactrelationships.
Construction Phase
The aim will be to assess the mitigation measures for noise and vibration, water and air qualityissues and public safety using visual assessment by the management and feedback from theother stakeholders. Where pollution is suspected sampling and laboratory analysis should beconducted to determine its nature and extent.
Operation and Maintenance Phase
The monitoring plan at this phase will ensure that the negative impacts of the operation andmaintenance of the roads are reduced to barest minimum. This will guarantee the safety andhealth of employees and the general public.
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8.2 Monitoring Requirements
A monitoring program requires a number of components to ensure effective results. Theseinclude:
* Relevant baseline data against which to monitor project results;* Verifiably objective indicators for each project and project component for which monitoring
will be conducted;* An independent body responsible for monitoring;* capacity for monitoring;* Monitoring on a regular basis;* An effective monitoring reporting mechanism including feedback and commitment to action
on-monitoring results and recommendations.
8.3 Monitoring Procedure
The RSDT Environmental Specialist will prepare a long term monitoring strategy and this willencompass clear and definitive criteria and parameters to be monitored for each sub-project. Themonitoring plan will take into consideratlon the scope of development, environmental and socialsensitivity and the financial and technical means available for the monitoring plan. The plan willidentify and descrbe the Indicators to be used, the frequency of rnonitoring and the standard(baseline) againstwhich the indicators will be measured for compliance with the ESMP.
Monthly monitoring plans will be prepared by the RSDT. These plans wil define the specificissues to be monitored including, the natural habitat, land use, soil/water, and social impacts.Monthly monitoring will take place throughout the life of the project. Table 8-2 provides anindication of the variables that will be monitored (as these relate to the ESMP, not to the overallproject), possible indicators to consider, baseline data to consider, and linkages wih othervariables.
Under this component (I1), monitoring should be carried out once a month for the rainy seasonmonths of April, May, June and September and October.
Quarterly and annual reports will be submitted to FMEnv and to other appropriate stateenvironmental protection agencies (SEPAs). All monitoring components will be subject to audit,internally by the RSDT and externally by SEPAs/FMEnv. Each monitoring programme will followthe established schedule; monitoring may be performed daily, weekly, quarterly, semi-annually,annually, biennially, or continuously, depending upon the resource, regulatory requirements forregulatory monitoring, and the project-specific requirements for oiher monitoring. Monitoringresults will be compiled when due and communicated to the SEPAs/FMEnv as appropriate.
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_Fdl Rads Deelpwt pret En*nme & Soca ManQnent Fa r
Tabl 8-1: Monitoring Variables, Unkages, Indicators to be Considered, and Baseline Data to be Considered
H*Rare and endangered spce ' Area and quaiity of hatitatneeds
Fbr Populations of important flora Current species list andnumbers
Fauna Populations of important fauna Current species list andnumbers
Welnds Importance for flora and fauna Area ofwetlands and numbers; Inventory of wetlands - numberand for flood control and integrity of wetlands re: providing and size; hydrological cyclesprovision of goods and services goods and services and downstream effectsto lcal communities
Populations Community economic needs; Population size and offtake Current population and offtak.rwater quality and quantity
Species composition Ecosystem health; water quality Species mix Current species mixand water quantity
Culual sites Cultual and social systems and Sites remining Inventory of sitesrcommunity needs
Social systems General Community and Community social structure Current social structure andindMdual mnember satisfaction important aspects of structure
Groundwater quality Health, crop productbn, Quality of water (chemnacal Current chernical compositiondeserlification composition)
Groundwater quantity Health, irrigation Depth and yield Currert depth and yieldSurface water quafity Heath, natural habitats, flora and Quality of water (chemical Current chemical cornpostion I
analysis I indicator species of fauna and flora inventory (e.g.
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Federal Roads Developmenii Pr2Sed Ew*ornent3l & SOCal !MaaemenI FrarnwA,ork
fauna, irrigation water quality) macroinvertebrates,rmicroinverlebrates, microflora)
Surface water quantity Healh, crop production Yields and flows (seasonal) Current yields and flows (indifferent seasons)
Soil quality - chemicals Pesticide use Chemical analysis sol Chemical analysis of soilSoil quality - waterlogging Irrigation, drainage Soil analysis, crop production Soil analysis, crop production
on controlled plots wherepossible
-I~ -| = t
Bush buming Crop production, forest Number of fires and area burned Current level of frequency ofharvesting fires and area burned
X - NO 'HIV/AIDS Ganeral increased activity Incidence of HIV/AIDS through Existing levels of HIVJAIDS
through the project cinic recordsWater borne diseases Drainage, irrgation Health statistcs at local clinics Status of health re: water bome
diseases
- :Economic need from other Irrigation, drainage, conflicts Harvest results, population size, Fishery population by species,nalural resources (forestry, area under forest cover, forest forest stand volumes and areasfishery) stand condition
Conflicts Land and resource use Number and nature of conflicts Current conflict levels andnumber and nature of cornictsfrom NFDPI
_________________ Federal Road 0e~vdcp Pfoect EnbiomontBi & Social Manageefti Frmnnuc _____
Table 8-2: Cumulative Impacts - Monitoring Indicators and Possible Extemal Factors
Loss of habitat Total area and number of important habitats Urbanization; road development otherdevelopment
Loss of wetlands Area and numberof important-wetlands irmgation and drainage projeds
Groundwater quality Chemical composition Industrial poilution (effluent discharge); otheragricuftural activities
Groundwater quantity Extraction rates and depth of water table Industrial and other municipal extractions
Surface water quality Chemnical composition; biotic community Effluent discharge from municipalities andindustrial complexes
Surface water quantity Flow rates Extraction for power, industrial and domesticuses
Air quality Chemical composition Industrial air emissions; high volume and highconcentration of vehicular traffic
Health HIVAIDS Reported cases at clinics Infrastructure aclivities attracting outsideworkers; other new development, expandingurban areas
Health: Water bome diseases Reported cases at clinics
Conflicts Nurmber of documented conflicts and nature Any other development activity planned andand seriousness of conflicts implemented in absence of full participatory
plnning
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FT
--_ - Federal Roads Development Project Environmental & Social Management Framework
9.0 PUBLIC CONSULTATION PLAN
Introduction
The RSDT has responsibilities to effectively engage stakeholders in achieving the FRDPobjectives for the benefit of all. The implementation of the FRDP depends on the meaningfulparticipation of all stakeholders for success.
9.0 Objectives
This plan provides a framework for achieving effective stakeholder involvement and promotinggreater awareness and understanding of issues so that the project is carried out effectively withinbudget and on-time to the satisfaction of all concerned.
To ensure effective implementation of this plan, the RSDT shall be committed to the followingprinciples:
promoting openness and communicationensuring effective stakeholder involvement in the development of the project.increasing public knowledge and understanding of the project implementation process
. using all strategies and techniques which provide appropriate, timely and adequateopportunities for all concerned parties to participate.
* evaluating the effectiveness of the engagement plan in accordance with the expectedoutcomes.
9.1 Identifying Stakeholders
Stakeholders for the purpose of this project shall be defined as all those DeoDle and institutionsthat have an interest in the successful planning and execution of the project. This includes thoselikely to be pos.itively and negatively affected by the project. Table 9-1 identifies the keystakeholders.
9.2 Consultation Strategies
The consultation process shall ensure that all those identified as stakeholders are conferred with.Subject to RSDT director's approval, the ESMU's Environmental/Social Specialist should shareinformation about the project with the public, to enable meaningful contribution and thus enhancethe success of the FRDP.
Public consultation should take place through workshops, seminars, meetings, radio programs,request for written proposals/comments, questionnaire administration, public reading andexplanation of project ideas and requirements. The consultation plan would be monitored byFME and SEPAs who will set their own verifiable indicators to assess the degree of participationof the key stakeholder during all the phases of FRDP implementation.
9.2.1 Level of Engagement
The level of stakeholder involvement will be based on the project phase, location and expectedoutcome. The extent of stakeholders inv Ivement would be based on the following;* the project is likely to have signiicant impacts, that is, high impacts in one area/location, or
relatively small impacts spread out over a large area.
* the project involves significant iss- es, that is, the wider stakeholder may be affected.
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Federal Roads Development Proe: Environmental & Social Management Framework
Table 9-1: Stakeholder Identification Matrix
Affected Parties Include How td'identify themPeople living in the vicinity of the . Identify the local govemment area(s) that fallsproposed works. within 1 km radius of the proposed roads.
. Review available data to determnine thestakeholder profile of the whole stakeholder orrelevant group.
. Use identified groups and individuals to tap intostakeholder networks to identify others.
Special interest groups * Identify key individuals or groups throughorganised groups, local clubs; community hallsand religious places.
. Be aware of similar local groups or individuals.
Individual people who own . Advertise In local newspapers, telling peopleproperties that will be directly or that they may be affected and asking them toindirecty affected. seek further information
Business (owners and employees). 6 Consult council lists or property registers.
Implementation Preparation of compensafton SEPAslFMEnvpackages, ESIA (or ESMP)reviews
Monitoring Review of verifiable indicators SEPAs/FMEnv
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Federal Roads Development Projed: Environmental & Social Managemnt Framework
Figure 9-1: Spectrum of Engagement
Objective Objective Objective Objective
Provide public with Obtain public Work with the public Partner wfth theobjectve information feedback on to ensure concems pubiic into assist them in analysis, altemative, are understood and Identification ofunderstanding the or decision. considered. preferred solution.issue.
Tools Tools Tools Tools
Meetings Questionnaires Networking MeetingsPublic Notice Surveys Questionnaires Public NoticeExhibition Focus Group Notice Exhibition Exhibition
Through these engagement strategies; the RSDT's EMSU would be able to:
* clarify the project's objectives in terms of stakeholders' needs and concems• identify feasible altematives (in particular altenmative locations) and examine their relative
meeits in termns of environmental, social and economic factors• identify and prioritise environmental issues, and establish the scope of future studies* identify processes for continued stakeholders' involvement.
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Federal Roads DevelopmenW Project. Environmental & Social Managament Framework
10.0 ANALYSES OFALTERNATIVES
Roads- have a top priority in the governmenLdevelopment agenda as spelt out in the NEEDSdocuments. Hence, the Federal Government of Nigeria is totally committed to achieving theobjectives of the FRDP, which are to reduce road transport costs along the road links supportedby the project; introduce total asset management methods for delivery and management offederal roads; and plan and facilitate sustainable financing arrangements for the road sector.
The World Bank/IDA support for the FRDP is focused on upgrading and maintenance usingmodem methods, establishing the institutional framework for sustainable operation andmaintenance of the existing road network. No new roads will be constructed under the project.
The World Bank,- IDA and the FGN also realize that with only 11% of federal roads in goodcondition, the situation requires large financial and technical inputs. Three project alternativesare considered. These are:
10.1 Zero Option
The zero option implies that the current state of roads deterioration will continue to such adeplorable condition that it would become unsafe for the general public. It will also result in pooror stunted economic development. The general public will also be denied easy access andmovement of goods and services. Therefore the do nothing altemative will worsen the presentsituation and worsen poverty at the same Ume.
10.2 Delayed Project Option
This option implies postponing the proposed activities. This is not advisable considering thecriticalness of the persistent condition of roads and since the prevailing economics and thepolitical environment are favourably disposed towards the project.
The implication, therefore of delaying the project will mean that all processes that have been putin place for the project implementation will have to be demobilised. Also, because of theinflationary trends in economy, such a delay may result in unanticipated Increases in projectcosts. These, and other related problems make it unattractive to adopt the delayed projectoption.
10.3 Alternative Slte/ Location Option
The existing unity road networks are considered optimal both in terms of design, needs andpolitical consideration.
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Federal Roads Development Project Environmental & Social Managemedt Framework
ANNEX I
Summary of World Bank Environmental and Social Safeguard Policies
* Environmental Assessment (OP 4.01). Outlines Bank policy and procedure for theenvironmental assessment of Bank lending operations. The Bank undertakes environmentalscreening of each proposed project to deterrnine the appropriate extent and type of EAprocess. This environmnental process will apply to all sub-projects to be funded by FRDP.
* Natural Habitats (OP 4.04). The conservation of natural habitats, like other measures thatprotect and enhance the environment, is essential for long-term sustainable development.The Bank does not support projects involving the significant conversion of natural habitatsunless there are no feasible altematives for the project and its siting, and comprehensiveanalysis demonstrates that overall benefits from the project substantally outweigh theenvironmentaf costs. If the environmental assessment indicates that a project wouldsignificantly convert or degrade natural habitats, the project includes mitigation measuresacceptable to the Bank. Such mitigation measures include, as appropriate, minimizing habitatloss (e.g. strategic habitat reteriton and post-development restoration) and establishing andmaintaining an ecologically similar protected area. The Bank accepts other forns ofmitigation measures only when they are technically Justified. Should the sub-project-specificESMPs indicate that natural habitats might be affected negatively by the proposed sub-project activites with suitable mitigation measures, such sub-projects will not be fundedunder the FRDP
* Pest Management (OP 4.09J. The policy supports safe, affective, and environmentally soundpest management. It promotes the use of biological and environmental control methods. Anassessment is made of the capacity of the country's regulatory framework and institutions topromote and support safe, effective, and environmentally sound pest management. Thispolicy will most likely not apply to FRDP
* Involuntary Resettlement (OP 4.12). This policy covers direct economic and social impactsthat both result from Bank-assisted investment projects, and are caused by (a) theinvoluntary taking of land resulting in (i) ,elocation or loss of shelter; (ii) loss of assets oraccess to assets, or (iii) loss of income sources or means of livelihood, whether or not theaffected persons must move to another location; or (b) the involuntary restriction of access tolegally designated parks and protected areas resulting in adverse impacts on the livelihoodsof the displaced persons. The RPF report discusses the applicability of this policy In detail.
* Indigenous Peoples (OD 4.20). This directive provides guidance to ensure that Indigenouspeoples benefit from development projects, and to avoid or mitigate adverse effects of Bank-financed development projects on indigenous peoples. Measures to address issuespertaining to indigenous peoples must be based on the inforned participation of theindigenous people themselves. Sub-projects that would have negative impacts on indigenouspeople will not be funded under FRDP.
* Forests (OP 4.36). This policy applies to the foHowing types of Bank-financed Investmentprojects: (a) projects that have or may have impacts on the health and quality of forests; (b)projects that affect the rights and welfare of people and their level of dependence upon orinteraction with forests; and (e) projects that aim to bring about changes In the management,protection, or utlization of natural forests or plantations, whether they are publicly, privately,or communally owned. The Bank does not finance projects that, in its opinion, would involvesignificant conversion or degradation of critical forest areas or related critical habitats. If aproject involves the significant conversion or degradation of natural forests or related natural
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Federal Roads Development Project: Envirnental & Social Management Framewok
habitats that the Bank determines are not critical, and the Bank determines that there are nofeasible alteruatives to the project and its siting, and comprehensive analysis demonstratesthat overall benefits from the project substntilally outweigh the environmental costs, the Bankmay finance the project provided that it incorporates appropriate mitigatIon measures. Sub-projects that are likely to have negative impacts on forests will not be funded under FRDP.
* Cultural Property (OP 11.03). The term Ocultural propertyw includes sites havingarcheological (prehistoric), paleontological, historical, religious, and unique natural values.The Bank's general policy regarding cuhural property is to assist in their preservation, and toseek to avoid their elimination. Specifically, the Bank (i) normally declines to finance projectsthat wUi significantly damage non-replicable cultural property, and will assist only thoseprojects that are sited or designed so as to prevent such damage; and (ii) will assist in theprotection and enhancement of cultural properties encountered in Bank-financed projects,rather than leaving that protection to chance. The management of cultural property of acountry is the responsibility of the govemment. The government's attentlon should be drawnspecifically to what is known about the cultural property aspects of the proposed project siteand appropriate agencies, NGOs, or university departments should be consulted; If there areany questions concerning cultural property in the area, a brief reconnaissance survey shouldbe undertaken in the field by a specialist. FRDP will not fund sub-projects that will havenegative impacts on cultural property.
* Safety of Dams (OP 4.37). For 4he life of any dam, the owner is responsible for ensuring thatappropriate measures are taken and sufficient resources provided for the safety to the dam,irrespective of its funding sources or construction status. The Bank distinguishes betweensmall and large dams. Small dams are normally less than 15 m in height; this categoryincludes, for example, farm ponds, local silt retention dams, and low embankment tanks. Forsmrafl dams, generic dam safety measures designed by qualified engineers are usuallyadequate. This policy does not apply to FRDP since the policy is not triggered under theproject.
* Projects on Intemational Waterways (O 7.50). The Bank recognizes that the cooperationand good will of riparians Is essential for the efficient utilization and protection of intemationalwaterways and attaches great Importance to fiparians making appropriate agreements orarrangement for the entire waterway or any part thereof. Projects that trigger this policyinclude hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage,industrial, and similar projects that involve the use or potential pollution of intemationalwaterways. This policy will not apply to FRDP
* D/sputed Areas (OPIBPIGP 7.60). Project In disputed areas may occur the Bank and itsmember countries as well as between the borrower and one or more neighbouring countries.Any dispute over an area in which a proposed project is located requires formal proceduresat the earliest possible stage. The Bank attempts to acquire assurance that It may proceedwith a project in a disputed area if the govemrnments concemed agree that, pending thesettlement ofthe dispute, the project proposed can go forward without prejudice to the claimsof the country having a dispute. This policy is not expected to be triggered by sub-projects.This policy is unlikely to be triggered by sub-projects to be funded by FRDP.
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Federal Roads Development Projact Envoronent1M & SOca} Wanagemmd FrameworI
ANNEX 2a
Environmental and Social Screening (EES) of Roads Sub-projects
This stage marks the beginning of the ESIA or ESMP process, which should be Infflated as earlyas possible along with the road planning process after the road project Is first conceived. Duringthis stage, the important functions t!iat need to be performed are:
i. Establish the likely study area by identifying broad boundaries for the road projectii. Make a preliminary assessment of the significance of potential environmental impacts, and
likely mitigating reasuresWi. Identify possible altematives and the major potential environmental impacts associated with
each, as well as the likely corresponding mitigation measureslv. Estrtiate the extent and scope of ESIA to be performed, and offer an Initial recommendation
as to whether a full ESIA is requiredv. Estirnate the time frame of the ESIA studyvi. Identify the expertise and human resources needed for the ESIA studyvii. Prepare the terms of reference for the conduct of an initial environmental examination
The value of conducting environmental and social screening at the early conception and planningphase of a road d.evelopment project Is to provide useful technical input to the road project teamfor their planning and budgeting, thereby eliminating the possibility of costly remedialenvironmental work and delays caused by problems with adverse environmental damage. Suchearly input on environmental considerations also provides useful Information that helps theproject team to gain govemment approval and win public acceptance.
The environmental and social screening process considers the fbllowing aspects in therecommendation: project type, environmental and social setting, and magnitude and significanceof potential environmental and social impacts. Some of the typical questions asked in theenvironrmental and social screening process are outlined in figure next page
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. .
-- 4
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I---.--.-- ;-.---fUi-----
FedaW Rads Dwbpmd Pmj!d En*omwW Sdci - Fmcak
ANNEX 2b.
Standard Format for Screening Report
1. GENERAL DESCRIPTION1.1. Overview of the study area (States)1.2. List of Selected 'Unity 'Roads
2. PROJECT-SPECIFIC SCREENING (FOR EACH ROAD):2.1. Existing alignment2.2. Proposed Works2.3. Estmated Cost2.4. Summary of Environmental and Social Issues
2.4.1. Land Resources2.4.2. Hydrology and Water Resources2.4.3. Air and Noise2.4.4. Biological Resources2.4.5. Scio-Eoonomic and Cultural
2.4.5.1. Population2.4.5.2. Employment and Other Benefits2.4.5.3. Resettlement2.4.5.4. Other site-specific issues
Standard Format for Environmental and Social Management Plan (ESMP)
EXECUTIVE SUMMARY
1. PROJECT DESCRIPTION1.1. Overview of the State (s) where the specific road is passing through1.2. List of Selected 'Unity' roads1.3. Environmental Screening Category
2. POLICY AND ADMINISTRATIVE AND LEGAL FRAMEWORK
3. ROAD-SPECIFIC ESMPs (FOR EACH ROAD IN A PHASE):3.1. Location and Existing Alignment3.2. Proposed Works3.3. Estimated Cost3.4. Baseline Data v
3.4.1. Land Resources3.4.2. Hydrology and Water Resources3.4.3. Air and Noise3.4.4. Biological Resources3.4.5. Socio-Economic and Cultural
3.5. Potential Impacts3.5.1. Land Resources
3.5.1.1. Construction Phase3.5.1.2. Post Construction Phase
3.5.2. . Hydrology and Water Resources3.5.2.1. Constructon Phase3.5.2.2. Post Construction Phase
3.5.3. Alr Quality and Noise3.5.3.1. Constructon Phase3.5.3.2. Post Construction Phase
3.5.4. Biological Resources3.5.4.1. Construction Phase3.5.4.2. Post Construction Phase
3.5.5. Socio-Econornic and Cultural3.5.5.1. Construction Phase3.5.5.2. Post Construction Phase
3.6. Analysis of Altematives3.7. Mitigation Measures
3.7.1. Construction Phase3.7.2. Post Construction Phase
3.8. Monitoring and Supervision Arrangements3.9. Summary ESMP Table
4. ATTACHMENTS4.1. Photos4.2. Summary of Consultations and Disclosure4.3. Other
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Federal Roads DeMentP Enirommnial & Sodal MM t Frarework
ANNEX4
Environmental and Social Management Plan (ESMP) iby Project Phases
Annex 4: Guidance on Environmental & Social Management Plan by Project Phases
Design Phase Impacts on physical Considerthe impact of the construction Design RSDT To beenvironment during activites on the physica environment for the Consuftant deterninedconstruction: air quality, design of civil worishydrology, waste, soils,noiseImpact on Air Quality: Bid document wiN include requirement to Design RSDT To beEmission of dust and other ensure: Consultant determinedpollutants
- Adequate watering for dust control v
- Prohibiton of open burning- Ensure site and stockpile of materials
are property secured- Proper unloading/storage of construction
materials- On-site mixng of materials in enclosed
or shielded area- Equipment and materials to be propedly
Noise impact Bid document to include requirement to Design ESMUiRSDT To beensure, Consultant determined- Noise mufflers (silencers) be Installed
on aU exhaust system- Use of ear plugs for construion
workers- Equipment placed as far as possible
from sensitive land users.Impact on hydroogy: The contract document should speafy: Design ESMUIRSDT rO be
Degradation of surface Consultant determinedwater quality - use of good engineering practice during
. construcdon, incrluding adequatesupenrision
- Minimal water usage in constructionarea
- *Minimal soil exposure tme duringconstruction
- Minimal chemical usage (lubricants,- solvents, petroleum products. -
Alteration of surface The contract document to include Design ESMUIRSDT To be'drainage requirement to ensure: Consultant determiined
- installation of adequately sized drainagechannels . I
- stabilizaton of slopes to avoid erosion -_ ._--_._._-_._-_-_._|WVaste generation and The contract document to include Design ESMU! - t
disposal (solidt requirement to ensure: Consultant deterfoilylhiazardous)
- Provision of waste management plan.- Proper handling and disposal Irkcyclinp
of oily waste
mi_,pactn i , ,e'tract r-xcorment to inctude Design - T 'SMU/RSDT To be.- d - s rcr,n re4airementt^.j.8 Consultant deterr..; '
- - 'se ofla, l a- k ste n1..iterials,- Lined oa al n -vtrintei.sibn- Stwiiizaticn; f embankment slopes by
re% Sgetatlon- Angle of side slopes to be limited to
what Is appropriate to topograghiccondiKions.
Socioeconomic Impact Design ESMUIRSDT To beDisruption during work- - Avoid the creation of congested and Consultant determrineddemand for local unsafe road conditions at intersectionsInfrastructure increase and in villages or cites. __
Pag scofaI
Federal Ronf De Projec Envixonme & Sode bbngd Frmew
Disruption to traditional - Ensures acoess to homes, businesses, Design ESMU/RSDT To belifestyles and other other key services Consultant determinedservices
Construction Impact on AirQuality: - Periodically use water to spray roads Contractor, ESMUIRSDT To beEmission of dust and other under construction Supervising determinedpoautants *- Construction workers to wear face consultant
masks and gloves- Ensure that alf equipment and materials
loaded on trucks are covered duringb_ansportation
Noise Impact - Noise standards to be enforced to Contractor, ESMU/RSDT To beprotect corstruction workers Supervising determined
- Ensure that sgencers are installed on all consultantexhaust systems.
- Ear plugs to be wom by constructonworkers
- Tum off construction equipment whennot in use
- Check and repair equipment ifnecessary
Impact on hydmlogy: - Use good engineering practice during Contractor, ESMU/RSDT To beDegradation of surface construction Supervising determinedwater quality - Ensure wastewater fromn deanhig of consultant
equipment is not disposed of in water, course.- Wastewater should be colected and
treated suitably before disposed of Inwater courses.
- Ensure minimnal use of water inconstruction area
- Minimal soi exposure time duringconstruction
- Minimal chemical usage (lubricants,.-- - solvents, petroleum products. I ESMU/RSDT
Ateration of surface Install adequately sized drainage Contractor! ESMUIRSDT To be
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FedeW Road De9e0pment Role& EqnMta & Soda MaNa Franie-
drainage channels Supervising determined- Ensure stabilization of slopes to avoid consultant
erosion__ _ _ _ _ _
Solid waste generation and - Ensure all waste earth and materials Contractor, ESMUIRSDT To bedisposal associated with construction activities Supervising determined
are not disposed off in public or private consultantland withput prior consent of owner. .
- Daily life rubbish and waste materialsassociated with constructon actvitiesshal be daily collected and disposed ofin suitabie approved dumpsites.
- Ensure that all solid wastes are notdisposed of in water courses.
Poor Sanitation al - Provide adequately located and Contractor tESMU/RSDTconstruction camp and site maintained latrines x
Accidental spill of toxic - Design and implement safety measures Contractor ESMUI/RSDTmaterialoil - Provide an emergency plan to contain-_-_-_-_ accidental spilImpact on Soil: - Avoid erosiori of cuts anid fills by Contractor, ESMU/RSDTIncreased soil erosion providing proper drainage, Supervising
- Lined down-drains to prevent erosion Consultanl- Stabilkation of embankment slopes by
revegetation- Angle of side slopes to be limited to
what is appropriate to topograghicconditions.
Impact on vegetation - Replanting of land within project area. Contractor, ESMUIRSDTSupervising
-_ Consulant
Healt and.Safety Impact - Enure adequate health facility systems Contractor, ESMLI/RSDTare in place on-site to deal with influx of Supervisingternporary workers. Consultant
- Ensure use of nets, insect repelent andother malaria preventive measure for
.__ _ _ _ workers on site. ._-
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Fedefal Roads DeVelPM Pmorot Ewronmeolai & Social Manmn FrwN rk
-Heath educaton about STDs should beintroduced.
- Training of construction crew andsupervisors on health and safetyguideiines
- Personal protective equipment to beworm by al workers
- Ear plugs to be used Constructionworkers
Socioeconomic Impact: - Avoid or reduce loss of property Contractor Supervising To beLoss of property - Avoid land where farmers will be Consultant/ESMU determined
._ __ -displaced.Disruption to traditional - Ensure access to homes, businesses, Contractor, ESMU To belifestyles and other other key services Supervising determined,services. - Provide appropriately designed and consultant
located crossing- Destruction of important (cultural,
historic and religious) areas can be._ avoided
Operational Impact on Air Quality - Enforcement of emission controls, lead ESMU RSDT, FMW To bePhase free fuel determined
Noise - Vehicle maintenance ESMU RSDT, FMW
rIpact on Hydrology and - Regular maintenance of drainage RSDT, ESMUWater resources structures.
- Drainage system should be periodicallycleared so as to ensure water flow
- Avoid uncontrolled communitydischarges .-
Socioeconomic imnpact - Information campaign to drivers and at FMW, Contractor ESMUIncreased road accident villages
- Signs and warnings.__ _ ._ - Maintenance of speed reduction method .
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Federal Roads Devment P t -.n ironmei& Social Mal a Mnt FnM' ewst
ANNEX 5
Procedures for Roads Sub-project Investnents Requirlng an ESIA
Step 1: Screening
To determine the depth of ESIA required, potenUia impacts in the following areas need to beconsidered:
* Social issues* Health issues* Protected areas* Cultural heritage, archaeological sites+ Existing natural resources such as forests, soils, wetlands, water resources* Wildlife or endangered species habitats
Step 2: Scoping
To identify the relevant environmental and social issues, this step determines:
* Level of detail required for the ESIA* Extent of the area to be covered in light of the potential impact zones* Timeframe for the ESIA based on the potental impact zones* Sequencing and scheduflng of the various ESIA tasks* Preliminary budgets
Step 3: Preparation of Terns of Reference for Sub-project ESIAs
Based on the screening and scoping results. ESIA terms of reference will be prepared. A local(national) consultant will conduct the ESIA and the report should have the following formiat
* Descrptlon of the study area* Description of the sub-project* Legislative and regulatory considerations* Deterrnination of the potential impacts of the proposed sub-projects* Environmental Management Plan* Public consultations process* Development of mitigation measures and a monitoring plan, including cost estimates.
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Federal Roads Development Project Envisroental & SocW Mana_ntFork
ANNEX 6
Genoral Environmental Management Conditions for Construction Contracts
General
1. In addition to these general conditions, the Contractor shall comply with any specificEnvironmental Managernent Plan (EMP) or Environmental and Social Management Plan(ESMP) for the works he is responsible for. The Contractor shall Inform himself about suchan EMP, and prepare his work strategy and plan to fully take into account relevant provisionsof tt E EMP. It the Contractor fails to implement the approved EMP after written instrucUonby the Supervising Engineer (SE) to fulfill his obligation within the requested time, the Ownerreserves the right to arrange through the SE for execution of the missing action by a thirdparty on account of the Contractor.
2. Notwithstanding the Contractor's obligation under the above clause, the Contractor shallimplement all measures necessary to avoid undesirable adverse environmental and socialImpacts wherever possible, restore work sites to acceptable standards, and abide by anyenvironmental performance requirements specified in an EMP. In general these measuresshall include but not be limited to:
(a) Minimize the effect of dust on the surrounding environment resulting from earth mixingsites, asphalt mixing sites, dispersing coal ashes, vibrating equipment, temporary accessroads, etc. to ensure safety, heafth and the protection of workers and communities living inthe vicinity dust producing actMtles.
(b) Ensure that noise levels emanating from machinery, vehicles and noisy constructionactivities (e.g. excavation, blasting) are kept at a minimum for the safety, health andprotection of workers within the vicinity of high noise levels and nearby communities.
(c) Ensure that existing water flow regines in rivers, streams and other natural or irrigationchannels is maintained and/or re-established where they are disupted due to works beingcarried out.
(d) Prevent bitumen, oils, lubricants and waste water used or produced during the executionof works from entering into rivers, streams, Irrigation channels and other natural waterbodies/reservoirs, and also ensure that stagnant water lin uncovered borroW pits Is treated inthe best way to avoid creating possible breeding grounds for mosquitoes.
(e) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building oftemporary construction camps and access roads on the biophysical environment Includingprotected areas and arable lands; local communities and their settlements. In as much aspossible restore/rehabilitate all sites to acceptable standards.
(f) Upon disoovery of ancient heritage, relics or anything that might or believed to be ofarcheological or historical importance during the execution of works, immediately report suchfindings to the SE so that the appropriate authorities may be expeditiously contacted forflfuillment of the measures aimed at protecting such historical or archaeological resources.
(g) Discourage construction workers from engaging In the exploitation of natural resourcessuch as hunting, fishing, collection of forest products or any other acivity that might have anegative impact on the social and economic welfare of the local communities.
(h) Imple-nent soil erosion control measures in order to avoid surface run off and preventssiltation, etc. -
(i) Ensure that garbage, sanitation and drinking water facilities are provided in construction
workers camps.
0) Ensure tbat, in as much as possible, local materials are used to avoid importation offoreign material and long distance transportatin.
(k) Ensure public safety, and meet traffic safety requirements for the operation of work to
3. The Contractor shall indicate the period within which he/she shall maintain status on she aftercompletion of civil works to ensure that significant adverse impacts arising from such workshave been appropriately addressed.
4. The Contractqr shall adhere to the proposed activity Implementation schedule and themonitoring plan / strategy to ensure effective feedback of monitoring information to projectmanagement so that impact management can be implemented properly, and if necessary,adapt to changing and unforeseen conditions.
5. Besides the regular inspection of the sites by the SE for adherence to the contract conditionsand specifications; the Owner may appoint an Inspector to oversee the compliance withthese environmental conditions and any proposed mitigation measures. State environmentalauthorities may carry out similar inspection duties. In all cases, as directed by the SE, theContractor shall comply with directives from such inspectors to implement measures requiredto ensure the adequacy rehabilitation measures carried out on the bio-physical environmentand compensation for socio-economic disruption resulting from implementation of any works.
Worksite/Campsite Waste Management
6. All vessels (drums, containers, bags, etc.) containing oil/fuel/surfacing materials and otherhazardous chemicals shall be bunded in order to contain spillage. All waste containers, litterand any other-waste generated during the construction shall be collected and disposed off atdesignated disposal sites in line with applicable govemment waste management regulations.
7. All drainage and effluent from storage areas, workshops and camp sites shall be capturedand treated before being discharged into the drainage system in line with applicablegovernment water pollution control regulations.
8. Used oil from maintenance shall be collected and disposed off appropriately at designatedsites or be re-used or sold for re-use locally.
9. Entry of runoff to the site shall be restricted by constructing diversion channels or holdingstructures such as banks, drains, dams, etc. to reduce the polential of soil erosion and waterpollution.
10. Construction waste shall not be left in stockpiles along the road, but removed and reused ordisposed of on a daily basis.
11. If disposal sites for clean spoil are necessary, they shall be located In areas, approved by theSE, of low land use value and where they will not result in material being easily washed into
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drainage channels. Whenever possible, spoil materials should be placed in low-lying areasand should be compacted and planted with species indigenous to the locality.
Materfal Excavation and Deposit
12. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operatequarries or borrow areas.
13. The location of quarries and borrow areas shall be subject to approval by relevant local andnational authorites, including traditional authorities if the land on which the quarry or borrowareas fall In tradKional land.'
14. New extraction sites:
a) Shall not be located in the vicinity of settlement areas, cultural sites, wetlands or any othervalued ecosystem component, or on high or steep ground or in areas of high scenic value,and shall not be located less than 1km from such areas.
b) Shall not be located adjacent to stream channels wherever possible to avoid siltation ofriver channels. Where they are located near water sources, borrow pits and perimeter drainsshall surround quarry sites.
c) Shall not be located in archaeological areas. Excavations in the vicinity of such areas shallproceed with great care and shall be done in the presence of government authorities havinga mandate for their protection.
d) Shall not be located in forest reserves. However, where there are no other alternatives,petmission shall be obtained from the appropriate authorities and an environmental impactstudy shall be conducted.
e) Shall be easily rehabilitated. Areas with minimal vegetation cover such as flat and bareground, or areas covered with grass only or covered with shrubs less than 1 .5m in height, arepreferred.
1) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing.
15. Vegetaton clearing shall be restricted to the area required for safe operation of constructionwork. Vegetation clearing shall not be done more than two months in advance of operations.
16. Stockpile areas shall be located in areas where trees can act as buffers to prevent dustpollution. Perimeter drains shall be built around stockpile areas. Sediment and otherpollutant traps shall be located at drainage exits from workings.
17. The Contractor shall deposit any excess material in accordance with the principles of thesegeneral conditions, and any applicable EMP, in areas approved by local authorities and/orthe SE.
18. Areas for depositing hazardous materials such as contaminated liquid and sorid materialsshall be approved by the SE and appropriate local and/or national authorities before thecommencement of work. Use of existing, approved sites shall be preferred over theestablishment of new sites.
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Rehabilitation and Soil Erosion Prevention
19. To the extent practicable, the Contractor sfiall rehabilitate the site progressively so that therate of rehabilitation is similar to the rate of construction.
20.. Always remove and retain topsoil for subsequent rehabilitation. Soils shall not be strippedwhen they are wet as this can lead to soil compaction and loss of structure.
21. Topsoil shall not be stored in large heaps. Low mounds of no more than I to 2m high arerecommended.
22. Re-vegetate stockpiles to protect the soil from erosion, discourage weeds and maintain anactive population of beneficial soil microbes.
23. Locate stockpiles where they will not be disturbed by future construction activities.
24. To the extent practicable, reinstate natural drainage patterns where they have been alteredor Impaired.
25. Remove toxic materials and dispose of them in designated stes. Backfill excavated areaswith soils or overburden that is free of foreign material that could pollute groundwater andsoil.
26. Identify potentially toxic overburden and screen with suitable material to prevent mobilizationof toxins.
27. Ensure reshaped land is fomied so as to be inherently stable, adequately drained andsuitable for the desired long-term land use, and allow natural regeneration of vegetation.
28. Minimize the long-term visual impact by creating landforms that are compatible with theadjacent landscape.
29. Minimize erosion by wind and water both during and after the process of reinstatement.
30. Compacted surfaces shall be deep ripped to relieve compaction unless subsurfaceconditions dictate otherwise.
31. Revegetate with plant species that will control erosion, provide vegetative diversity and,through succession, contribute to a resilient ecosystem. The choice of plant species forrehabilitation shall be done in consultation with local research Institutions, forest departmentand the local people.
Table 1: Water Resources Management
32. The Contractor shall at all costs avoid conflicting wih water demands of local communities.
33. Abstraction of both surface and underground water shall only be done with the consultatIonof the local community and after obtaining a permit from the relevant Water Authority.
34. Abstraction of water from wetlands shall be avoided. Where necessary, authority has to beobtained from relevant authorities.
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35. Temporary damming of streams and rivers shall be done in such a way avoids disruptingwater supplies to communities down stream, and maintains the ecological balance of theriver system.,
36. No construction water containing spoils or site effluent, especially cement and oil, shall beallowed to flow into natural water drainage courses.
37. Wash water from washing out of equipment shall not be discharged Into water courses orroad drains.
38. Site spoils and temporary stockpiles shall be located away from the drainage system, andsurface run off shall be directed.away from stockpiles to prevent erosion.
Traffic Management
39. Location of access roads/detours shall be done In consultation with the local communityespecially In important or sensitive environments. Access roads shall not traverse wetlandareas.
40. Upon the completion of civil works, all access roads shall be ripped and rehabilitated.
41. Access roads shall be sprinkled with water at least five times a day In settled areas, andthree times in unsettled areas, to suppress dust emissions.
Blasting
42. Blasting activities shall not take place less than 2km from settlement areas, cultural sites, orwetlands without the permission. of the SE.
43. Blasfing activities shall be done during working hours, and local communities shall beconsulted on the proposed blasting times.
44, Noise levels reaching the communiies from blasting activities shall not exceed 90 decibels.
Disposal of Unusable Elements
45. Unusable materials and construction elements such as electro-mechanical equipment, pipes,accessories and demolished structures wHi be disposed of In a manner approved by the SE.The Contractor has to agree with the SE which elements are to be surrendered to the Cflent'spremises, which will be recycled or reused, and which will be disposed of at approved landfillsites.
46. As far as possible, abandoned pipelines shall remain in place. Where for any reason noaltemative alignment for the new pipeline is possible, the old pipes shall be safely removedand stored at a safe place to be agreed upon with the SE and the local authoritiesconcemed.
47. AC-pipes as well as broken parts thereof have to be treated as hazardous material anddisposed of as specified above.
48. Unsuitable and demolished elements shall be dismantled to a size fitting on ordinary trucksfor transport.
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Health and Safaty
49. In advance of the construclion work, the Contractor shall mount an awareness and'hygienecampaign. Workers and local residents shall be sensitized on health risks particularly ofAIDS.
50. Adequate road signs to wam pedestrians and motorists of construction activities, diversions,etc. shall be provided at appropriate points.
51. Construction vehides shall not exceed maximum speed limit of 40km per hour.
Repair of Private Property
52. Should the Contractor, deliberalely or accidentally, damage private property, he shall repairthe property to the owner's satisfaction and at his own cost. For each repair, the Contractorshall obtain from the owner a certificate that the damage has been made good satisfactorilyin order to indemnify the Client from subsequent claims.
53. In cases where compensation for inconveniences, damage of crops etc. are claimed by theowner, the Client has to be informed by the Contractor through the SE. This compensation isin general settled under the responsibility of the Client before signing the Contract. Inunforeseeable cases, the respective administrative entities of the Client will take care ofcompensation.
Contractor's Environment, Health and Safety Management Plan (EHS-MP)
54. Within 6 weeks of signing the Contract, the Contractor shall prepare an EHS-MP to ensurethe adequate management of the health, safety, environmental and social aspects of theworks, including implementation of the requirements of these general conditions and anyspecific requirements of an EMP for the works. The Contractor's EHS-MP will serve twomain purposes:* For the Contractor, for intemal purposes, to ensure that all measures are in place for
adequate EHS management, and as an operational manual for his staff.* For'the Clent, suppoted whEre necessary by a SE, to ensure that the Contractor is fully
prepared for the adequate management of the EHS aspects of the project and as a basisfor monitoring of the Contractor's EHS performance.
55. The Contractor's EHS-MP shall provide at least* a description of procedures and methods for complying with these general environmental
management conditions, and any specific conditions specified In an EMP;* a description of specific mitigation measures that will be Implemented In order to minimize
adverse impacts;* a description of all planned monitoring activities (e.g. sediment discharges from borrow
areas) and the reporting thereof; and* the intemal organizational, management and reporting mnechanisms put in place for such.
56. The Contractor's EHS-MP will be reviewed and approved by the Client before start of theworks. This review should demonstrate if the Contractor's EHS-MP covers all of theidentified Impacts, and has defined appropriate measures to counteract any potentialimpacts.
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EHS Reporting
57. The Contractor shall prepare bi-weekly progress renorts to the SE on compi'anve with thesegeneral conditions, the project EMP Hf any, and his own EHS-MP. An exanple format for aContractor EHS report is given below. It is expected that the Contractor's reports will indudeInformation on:* EHS management actionsimeasures taken, Including approvals sought from local or
national authorities;* Problems encountered in relatlon to EHS aspects (incidents, including delays, cost
consequences, etc. as a resuft thereot);* Lack of compliance with contract requirements on the part of the Contractor;* Changes of assumptions, conditions, measures, designs and actual works in relation to
EHS aspects; and* Observations, concems raised and/or decisions taken with regard to EHS management
during site meetings.
58. It is advisable that reporting of-significant EHS incidents be done 'as soon as practicable".Such incident reporting shall therefore be done individually. Also, It Is advisable that theContractor keep hls own records on health, safety and welfare of persons, and damage toproperty. It is advisable to include such records, as well as copies of incident reports, asappenldixes to the bi-weekly reports. Example formats for an incident notification and deatiledrepori are given below. Details of EHS performance will be reported to the Client through theSE's reports to the Client.
I
Training of Contractores Personnel
59. The Contractor shall provide sufficent training to his own personnel to ensure that they areall aware of the relevant aspects of these general conditions, any project EMP, and his ownEHS-MP, and are able to fulfil their expected roles and functions. Specific training should beprovided to those employees that have particular responsibilities associated with theimplementation of the EHS-MP. General topics should be:* EHS In general (working procedures);* emergency procedures; and* social and cultural aspects (awareness raising on socIal Issues).
Cost of Compliance
80. It .is expected that compliance with these conditions is already part of standard goodworkmanship and state of art as generally required under this Contract. The iem"Compliance with Environmental Management Conditions* in the Bill of Quantities coversthese costs. No other payments will be made to the Contractor for compliance with anyrequest to avoid and/or mitigate an avoidable EHS Impact.
EHS management actions/measures:Summarize EHS management actions/measures taken during period of reporting, includingplanning and management activities (e.g. risk and impact assessments), EHS training, specificdesign and work measures taken, etc.
EHS Incidents:Report on any problems encountered in relation to EHS aspects, Including its consequences(delays, costs) and corrective measures taken. Include relevant incident reports.
EHS compliance:Report on compliance with Contract EHS conditions, including any cases of non-ompliance.
Changes:Report on any changes of assumiptions, conditions, measures, designs and actual works inrelation to EHS aspects.
Concems and observations:Report on any observations, concerns raised and/or decisions taken with regard to EHSmanagement during site meetings and visits.
Signature (Name, Title Date):Contractor Representative
EHS management actlons/measures:Summarize EHS management actions/measures taken during periDd of reporting, Includingplanning and management activities (e.g. risk and impact assessments), EHlS training, specificdesign and work measures taken, etc.
EHS Incidents:Report on any problems encountered in relation to EHS aspects, Including its consequences(delays, costs) and corrective measures taken. Include relevant incident reports.
EHS compliance:Report on compliance with Contract EHS conditions, including any cases of non-complianoc.
Changes:Report on any changes of assurriptions, conditions, measures, designs and actual works Inrelation to EHS aspects.
Concems and observations:Report on any observations, concems raised and/or decisions taken with regard to EHSmanagement during site meetings and visits.
