Project Operational Manual - World Bank -Roads Maintenance & Rehabilitation project Project...

REPUBLIC OF POLAND EV8472

Road Maintenance and Rehabilitation (Roads 111) Project

Project Operational Manual(Environmental section)

February 2004

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POLAND - Roads Maintenance & Rehabilitation project Project Operational Manual

CONTENT

1. The Polish Environmental Impact Assessment page 32. Environmental Assessment in the Roads Sector page 63. Screening criteria for Road Maintenance and Rehabilitation works page 84. Environmental mitigation Measures Matrix page 105. Minutes of the public workshop held in Josefow (Jan. 19, 2004) page 16

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The Polish Environmental Impact Assessment System

including the Road Sector

1. The Polish Environmental Impact Assessment

Under the Polish system, the classification of projects which are subject to EIA procedure follows the oneadopted by the European Union. The relevant EU Directive describes types of projects in a very detailedway, very often including not only the type of project but also its size. Basically the list of projects refers tonew developments, however modifications and upgrading are also treated as a new development under someconditions.

In Poland, projects are classified into two different groups of projects:

Group 1 includes a list of projects, which may have significant impact on the environment, and whichalways require an EIA report.

Group 2 includes a list of projects, which also may have significant impact on the environment, but forwhich EIA report is not always required.

A significant number of project types listed in Group 1 is repeated in Group 2, while what makes themdifferent is scale. The competent authorities are responsible for deciding whether for issuing a developmentconsent they need conclusions from EIA report. In order to facilitate that process the regulation includes alsoa set of screening criteria, which are listed below:

- project characteristics (the magnitude of the project and the dimension of the occupied land, as wellas their mutual proportions, the connections with other projects, especially multiplication of impacts,the use of natural resources, the production of waste, pollution and nuisances, the risk of accidents,having regard in particular to substances or technologies used)

- project location, considering potential environmental threats, taking into account: existing land use,relative abundance, quality and regenerative capacity of natural resources in the area, values ofnatural environment and landscape, conditions of the local land-use plans, having regard, inparticular, to:

(a) wetlands;(b) coastal zones;(c) mountain and forest areas;(d) protected areas, including the protection zones of water intakes and protection areas ofsurface-waters ponds;(e) special protection areas because of existing fauna and flora and natural habitats;(f) areas in which the environmental quality standards have already been exceeded;(g) populated areas;(h) landscapes of historical, cultural or archaeological significance.

- type and magnitude of potential impact, in relation to the scale and siting criteria, and havingregard in particular to:

(a) extent of the impact (geographical area and size of the affected population),3


(b) transboundary nature of the impact on the different environmental elements,(c) magnitude and complexity of the impact, including existing technical infrastructure,(d) probability of the impact,(e) duration, frequency and reversibility of the impact.

1.1 EIA procedure for projects included in group I

Applicant | Competent authority Consulting authorities The publicApplicant l7~0- (health and environmental)

Scoping (optional, depends on the applicant)Submits an application forscoping + information aboutthe project to the competentauthority

Files the applicationAsks the consulting authoritiesfor an opinion on the scope ofEA report

Prepare opinions on the scopeof the EIA report

Prepares the decision on thescope for the applicant

Prepares an EIA reportEIA report reviewSubmits to the competentauthority, an application for adevelopment consent + EIAreport

Files the application, In 21 days the public maycommences the EIA submit comments andproceedings, including: recommendations- public noticeAsks the consulting authorities set conditions for authorizingfor an approval of a the project and approve it,development consent, subject to those conditions"attaching:- application and EIA reportReviews:- the EIA report- comments from the

publicParticipates in a public hearing Organizes a public hearing May participate in a public

(optional) hearingIssues a development consent

In case a transboundary impact is involved the authority initiates a parallel transboundary EIA, which is a separate,complementary process not covered by this table.

If the case is complicated and raises doubts the consulting authorities may earlier submit it to the relevant EA Commission forreview.

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1.2 EIA procedure for projects included in group 2

Applicant Competent authority Consulting authorities The public(health and environmental)

Screening and ScopingSubmits an application for apermit + information about theproject to the competentauthority

Files the application' andcommences the EIAproceedingsAsks the consulting authorities Prepare opinions on thewhether EIA report is necessity of an EIA report andnecessary and in case it is for its scope if relevantits scopePrepares a decision on thenecessity of an EIA report -and its scope, if relevantIf the decision says that theEIA report is not needed - thecompetent authority ends theEIA procedure and issues apermit based on availableinformationIf the decision says the EIAreport is necessary - thecompetent authority continuesthe EIA procedure and theapplicant has to prepare theEIA report

Prepares an EIA reportEIA report reviewSubmits to the competentauthority, an application for apermit + EIA report

- Files the application, and In 21 days the public maynotifies the public submit comments and

recommendationsAsks the consulting authorities set conditions for authorizingfor an approval of the the project and approve it,development consent, subject to those conditions"attaching:- application and EIA reportReviews:- the EIA report- comments from the public

Participates in a public hearing Organizes a public hearing May participate in a publicI (optional) I hearing

In case a transboundary impact is involved the authority initiates a parallel transboundary EIA, which is a separate,complementary process not covered by this table.

If the case is complicated and raises doubts the consulting authorities may earlier submit it to the relevant EA Commission forreview

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Issues a development consent |l

2. Environmental Assessment in the Roads Sector

2.1 The Polish Legal Framework

The Act of 10 April 2003 on Special Procedure for Construction of National Roads (Dz.U of 2003 No80 item 721) [hereinafter referred to as Special Roads Procedure Act] excludes - on temporary basis (till theend of 2007) the location and construction of certain categories of roads from generally applicableprocedures and requirements, and establishes its own rules instead. Those special rules affect in particularissues related to environmental protection, including EIA, to public participation and to compulsory landacquisition.Most public roads are subjected to EIA several times in accordance with the system of 'tiering' applied inPoland. First, there is a document called "concept of the national land-use policy" which sets the scene for allroads, then there are governmental programs for development of roads, finally, there are regional (voivodship)land use plans setting the proposed routes for public roads. Preparation of all those strategic documents isobligatory and they all are subject to SEA. Specific routes of public roads are also included in local land useplans, which - if prepared - are also subject to SEA [SEA procedure is described in the main part of this report].All national roads and roads sited in cities having county status are subject to mandatory EIA under theSpecial Roads Procedure Act, while some other public roads are subject to general EIA scheme underEPLA and the Land Use Planning Act.

2.1.1 Roads subject to special EIA procedureRoads subject to special EIA procedure under the Special Roads Procedure Act include motorways andexpress roads and other national roads.

2.1.2 Roads subject to "general" EIA schemeGeneral EIA scheme applies to any public road other than mentioned above which is classified as regional(voivodship), county (poviat) or municipal (gmina) road, has hard surface and is longer than 1 km. If it has atleast 4 traffic lines and is longer than 10 km it belongs to Group 1 projects, i.e., those which always requireEIA, otherwise it falls into Group 2 - i.e. projects which require screening. [General EIA scheme is describedin the main part of this Report].

2.2 Special procedure for siting and construction of roads and institutional set-up

Under the Act of 10 April 2003 on Special Procedure for Construction of National Roads [ Special RoadsProcedure Act], the special rules of siting and construction of roads apply to national roads and roadssited in cities having county (poviat) status (this applies to 65 biggest agglomerations in Poland) andfinanced by such cities. Those rules replace temporarily (till the end f 2007):* the relevant rules of the Toll Motorways Act of 27 October 1994 - in relation to siting and construction

of toll motorways and express roads,* the relevant rules of the land Use Planning Act of 27 March 2003 (Dz.U of 2003 No 80 item 717) - in

relation to siting and construction of other national roads (and roads in cities with the county status).

In both cases the new rules either replace or significantly reduce the application of other laws, in particularthose regulating environmental protection, including EIA, public participation and compulsory landacquisition.

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The special procedure consists of 2 stages:1) siting procedure - with road siting decision2) construction permit procedure - with road construction permit

2.3 Special EIA procedure for national roads

Applicant - General Director Competent authority - Voivod Consulting Publicfor National Roads and authorities' (health

Motorways and environmental)Procedure for obtaining a siting decisionMost of EA provisions, including transboundary EA provisions, public participation and access to information provisionsapply; public announcement in Internet is obligatory.Asks relevant authorities for anopinion on proposed location ofa road

Give their opinions(which are notbinding)

Submits to the competentauthority, an application forsiting decision + EIA report +opinions of relevant authorities

Files the application, commences In 21 days the publicthe EIA proceedings: (including NGOs) may- makes a public announcement submit comments and(notices in affected localities; recommendations; inannouncements in local press and addition environmentalInternet) associations may participate- makes documentation available in the proceedings with theto the public parties' rights.Issues the siting decision andmakes a relevant publicannouncement

Procedure for obtaining a construction permitNot all of EA provisions of EPLA apply; public participation procedure of EPLA does not apply; no requirement to makepublic announcements in InternetPrepares EIA reportConsults and agrees withrelevant authorities EIA reportfor a construction permitSubmits to the competentauthority, an application forsiting decision + EIA report +opinions of relevant authorities

Files the application, commences Members of public, includingthe EIA proceedings: NGOs, may submit- announces to the public comments (complaints andmakes documentation available motions) under general rulesto the public of the Administrative

Procedure Code. Specialrights of NGOs do not apply.

The construction permit requires also agreements with other authorities (e.g. fire prevention) under other than environmentalregulations which are not covered by this report

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Issues a construction permitand makes a relevant publicannouncement

3. Screening criteria for Road Maintenance and Rehabilitation works.

STD Standard Maintenance Objectives Environmental ProtectionNo Rules

(1) Minimum The minimum maintenance standard has been designed to According to the Polish lawMaintenance reflect the current practice in the absence of major (Construction Law Article 29,

maintenance works. These include the following items pt.12) for standards (1)Patching: Repair of surface distresses such as potholing, through (8), which arewide structural cracking and ravelling. It is carried out classified as rebcolding andannually. reconditioning, construction

annually. permit is not required. ThusCrack Sealing: This technique treats transverse thermal development ofcracking and even wide structural cracking when limited Environmental Impactin area. It is carried out annually. Assessment (EIA) is notRoutine Works: Routine works include all works, which required as well.do not have any effect on pavement performance asmodelled in HDM-4. These works include shoulderrepairs and routine miscellaneous works such asvegetation control, road sign repairs and replacement,line marking, guardrail repair and replacement, etc...Routine works are carried out annually. An annual cost isspecified for each road class.Winter Maintenance: Winter maintenance includes allworks carried out as part of winter maintenance such assalt spreading; snow removal, etc. An annual cost isspecified for each road class. It applies to all roads.

(2/3) Surface Treatment To preserve the integrity of the pavement by sealing the(Single or Double) carriageway in order to delay major intervention and

renewal of the skid resistance.

(4) Surface Treatment To preserve the integrity of the pavement by sealing theWith Shape carriageway in order to delay major intervention,Correction improving roughness and renewal of the skid resistance.

(5) Resurfacing by To renew surface characteristics including skidOverlay resistance, to improve roughness and to contribute

towards the overall pavement strength. Overlay bysurfacing included thickness between 30 and 50mm andwere applied over a roughness values varying from 3 to 5IRI and low rutting level.

(6) Strengthening To strengthen pavements, which have reached or soon toby Overlay reach the critical stage (poor or fair roughness condition),

improve roughness and renew surface characteristics.Strengthening by overlay concerned the application ofmulti-layer overlays (two or three layers) varying from athickness of 80 to 270 mm applied over a range ofroughness values varying from 4 to 9 IRI.

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(7) Strengthening by To strengthen pavements, which have reached or soon toMill and Replace reach the critical stage (poor or fair rutting condition),

improve roughness and renew surface characteristics. Itis achieved by removing the distressed top asphalt layer(s) and replacing it (them) with a new (or recycled)asphalt of similar thickness but with better structuralcharacteristics.

STD Standard Maintenance Objectives Environmental ProtectionNo Rules

This standard was applied over a range of rutting varyingfrom 10 to 35 mm.

(8) Strengthening by To reconstruct pavements, which have reached the failureReconstruction stage (poor roughness condition). Reconstruction is

achieved through removal of the old pavement structuredown to the subbase course and replacing it with a new(or recycled) pavement structure with high strength.Pavement structures varied according to road class andwere applied over a range of roughness values carryingfrom 8 to 11 IRI

STD Standard Improvement objectives Environmental ProtectionNo Rules

(9) Widening to 7 m To increase the narrow roads to a minimum standard road According to the Polish law,width of 7 metres. This standard is applicable to Main for standards (9) through (14),roads with 6 metre or less width. construction permit is not

required if road improvement(10) 2 Lanes addition to To add two lanes to a single 2-lane carriageway (not works are carried out within

Single Carriageways dualisation) in order to increase capacity. This the right of way of such aimprovement standard is applied over a wide range of road. In such a casevolume/capacity ratios varying from 0.5 to 1. It is mainly development of EIA is notapplied to Trunk and Main roads, which are not dual yet. required.

(11) I Lane addition to To add I lane to either sides of a dual two-lane Construction permit isDual Carriageways carriageway in order to increase capacity. This required by law if road

improvement standard is applied over a wide range of improvement works exceedvolume/capacity ratios varying from 0.5 to 1. It is mainly the right of way of such aapplied to Motorways, Expressways, and Trunk Roads road. Than the EIA iswith Dual Carriageways. developed accordingly

requirements set by the(12) 2 Lanes addition to To add 2 lane to either sides of a dual two-lane provisions of The Act of 10

Dual Carriageways carriageway in order to increase capacity. This April 2003 on Specialimprovement standard is applied over a wide range of Procedure for Construction ofvolume/capacity ratios varying from 0.5 to 1. It is mainly National Roads, Annex IIapplied to Motorways, Expressways, and Trunk Roads (published inwith Dual Carriageways. Dz.U.03.80.721).

(13) Reconstruct to To upgrade GP roads to Expressway single carriagewayExpressway Single standard. This improvement standard is applied over aCarriageway wide range of volume/capacity ratios varying from 0.5 to

l(14) Reconstruct to To upgrade GP roads to Expressway dual carriageway

Expressway Dual standard. This improvement standard is applied over aCarriageway wide range of volume/capacity ratios varying from 0.5 to

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4. Environmental Mitigation Measures Matrix.

Environmental Possible Impacts Regulatory Controls in Mitigation Measures Monitoring and ReportingComponents Poland; Technical Guidance Measures

"Environmental protection rules "Catalogue of environmental The need of monitoring of allin road sector" is protection measures for the road environmental components can bePolish technical guidance for sector" contains precise specified in administrativeroad sector. characteristic of mitigation methods decisions (decision on location,

used in Poland. building permit, decision onconditions of building and landmanagement, usage permit; forwater - water treatment permit).

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Soils and land - Loss of topsoils during road - Environmental Protection - Rational management of the - The soils and land qualityconstruction and excavation of Law (EPL), title II, section road construction. assessment is carried outconstruction materials. IV, articles 101 -111. - Protection of non-construction within the frames of National

- Damage to soil structure due - Regulation of Minister of areas. Environmental Monitoringto construction traffic, Environment on conditions, - Stripping, storing and reusage of (the rules of organization andmaterial storage. that should be fulfilled by topsoils. working- EPL, section IV,

- Soils and land erosion due to inserting wastewaters into - Designing of drainage and chapter 2).uncontrolled surface run-offs water or ground and on retaining structures to minimize - Starosta (poviat authority)and landslips. substances specifically the risk of erosion and landslips. carries out the periodic soil

- Soil pollution by components harmful for water - Designing of vegetation along and ground qualityof combustion gases (esp. environment the roads minimizing spreading measurements (EPL, articlesheavy metals). (Dz.U.02.212.1799). of combustion gases. 109, 110).

- Regulation of Minister of - Environmental protectionAgriculture and Country authority can oblige GDDKiADevelopment on permissible to carrying out measurementsconcentrations of heavy on terms of art. 178 (EPL).metals polluting the soils(Dz.U.02.37.344).

- "Environmental protectionrules in road sector" section13.

Water - Pollution of water resources - Environmental Protection - Designing of GDDKiA is obliged to monitor theby contaminated flows during Law, title II, section III, retention/sedimentation ponds quality of waste water flows on theroad construction and articles 97-100. on the areas of non-isolated ground of Polish law andexploitation. - Law on collective water water supplies and other regulations:

- Pollution by dangerous supply and collective vulnerable areas. - Environmental protectionsubstances coming from road wastewater treatment - Considering of altemative authority can oblige GDDKiAaccidents. (Dz.U.01.72.747). locations on vulnerable areas. to carrying out measurements

- Interruption or lasting - Regulation of Minister of - Careful storage of hazardous on terms of art. 175 and 178lowering of surface and Environment on conditions, wastes and substances during the (EPL).underground water level due that should be fulfilled by road construction. - Regulation on requirements into road construction. inserting wastewaters into the scope of carrying out the

- Risk of flooding due to water or ground and on measurements of substancesclogged drainage system. substances specifically and energy levels in the

- Pollution by wastes produced harmful for water environment by road, railroad,by infrastructure connected environment tram-line, airport, port


with the road (car-parks, bars (Dz.U.02.212.1799). managementetc.). - "Environmental protection (Dz.U.03 .35.308).

rules in road sector" section - Regulation on types of results11 and 12. of measurements carrying out

according to exploitation ofroad, railroad, tram-line,airport and port, that shouldbe send to environmentalprotection authorities and ontime-limits and methods ofpresenting them(Dz.U.03.18.164).

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Air - Air pollution by components - Environmental Protection - Control construction methods - The air quality assessment isof combustion gases (CO2, Law, title II, section II, and timing of works. carried out within the framesNOx). articles 85-96. - Restrictions on vehicle speed, of National Environmental

- Dust pollution during the road - Regulation of Minister of esp. in residential areas. Monitoring (the rules ofconstruction. Environment on permissible - Designing of vegetation along organization and working-

levels of air-polluting the roads minimizing spreading EPL, section IV, chapter 2).substances of combustion gases. - Voivod assesses the air(Dz.U.1998.55.355). pollution levels and marks air

- Regulation of Ministry of pollution zones in voivodshipsEnvironment on assessment and delivers information toof levels of air-polluting Main Environmentalsubstances Protection Inspector (EPL,(Dz.U.02.87.798). articles 88-95).

- Regulation of Minister of - Environmental protectionEnvironment on reference authority can oblige GDDKiAvalues for some substances to carrying out measurementsin the air (Dz.U.03.01.12). on terms of art. 178 (EPL).

- "Environmental protectionrules in road sector" section10.

Fauna and flora - Loss or degradation of fauna - Environmental Protection - Careful planning of constructionand flora species during and Law, title II, section VIII, methods and timing (seasonal).after road construction. articles 127,128. - Considering of alternative

- Fragmentation of natural - "Environmental protection locations of new roads, esp. inhabitats. rules in road sector" section the neighbourhood of protected

- Disturbance of natural habitats 14. and sensitive areas.(loss of biodiversity, - Construction of fauna passagesdisturbance of migration for animals in the migrationcorridors). corridors.

- Compensation after the roadconstruction by planting newplants and creating of habitats.

- Transplanting of rare andendangered flora species (whenalternative road location isimpossible).

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Landscape - Loss of landscape natural and - Environmental Protection - Designing of road location in themanmade values. Law (EPL), title II, section landscape.

IV, articles 101-1 11.- "Environmental protection

rules in road sector" section6.

Acoustic - Noise pollution and vibrations - Environmental Protection - Careful timing of works to GDDKiA is obliged to monitor theenvironment from construction works and Law (EPL), title II, section minimize disturbance. quality of acoustic environment onand vibrations traffic. V, articles 112-115 and 117- - Designing of acoustic shields the ground of Polish law and

- Noise and vibrations from 120. along the roads when needed regulations:exploitation traffic. - "Environmental protection and "silent pavements". - Environmental protection

rules in road sector" section - Restrict vehicle speed, esp. in authority can oblige GDDKiA8 and 9. residential areas. to carrying out measurements

on terms of art. 175 and 178(EPL).

- Regulation on requirements inthe scope of carrying out themeasurements of substancesand energy levels in theenvironment by road, railroad,tram-line, airport, portmanagement(Dz.U.03 .35.308).

- Regulation on types of resultsof measurements carrying outaccording to exploitation ofroad, railroad, tram-line,airport and port , that shouldbe send to environmentalprotection authorities and ontime-limits and methods ofpresenting them(Dz.U.03.18.164).

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Cultural (and - Damage or degradation to - Law on monuments of art - Careful location of the new road.social) heritage valuable sites. protection and on care about - Immediate stopping of works

- Cutting of local human monuments when discovery is done.communities by new road. (Dz.U.03.26.1568). - Special measures for local

- Regulation of Minister of community ties.Culture and NationalHeritage on rules andprocedure of giving andrecalling permits forcarrying out conservational,archeological andexcavatory works and onterms of carrying out ofthese works and onqualifications of personscarrying out these works(Dz.U.00.93. 1033).

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5. Minutes of the public workshop held in Josefow (January 19, 2004).

Discussion notes

1. Piotr Kuropatwiiiski- investment - promotion - bicycle project- hierarchy of transport space users

2. Marek Kobus- possibility to submit applications - until January 23d this year.- unequal provisions of the Special Act (for large investments) and of the Environmental Protection

Law (for smaller investments)3. Danuta Cesarska

- Social participation under the Special Act:* consultations stage too late* lack of possibility for the voivod not to issue a decision

4. Ryszard Zakrzewski - answer- at the stage of siting decision art. 53 of the Environmental Protection Law is applied, so the voivod must

ensure social participation. A decision issued without considering the comments is invalid by the law(art. 10 of the Environmental Protection Law)

5. Ewa Szulc

- provisions of the law vs. practice (example: Oktcie): protestation about the limited use area wasunsuccessful

- social consultations - what is the supervision?- what is the point of EIA report if the conclusions are not taken into consideration?- do business-plans include the cost of expropriations and relocations?

6. Tomasz Zapasnik

- objective of Roads III loan - rehabilitation of roads- problems with calculation of external cost- railway safety calculation method- development of railways is tied with construction of connecting roads- road construction is related to social needs

7. Sabina Nowak

- impact of highways and express ways' network on integral features of wild nature in Poland- rehabilitation - does it mean:

* increased capacity?

* increased traffic speed?

* necessity to fence the roads?

- for which stretches social participation is still possible (no siting decisions yet)?

8. Tomasz Zapasnik

- rehabilitation doesn't mean changing the class of the road- rehabilitation improves traffic safety- animal crossings width - at least 35 m

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9. Robert Cyglicki

- specifying the topic of the meeting - rehabilitation of roads is a part of infrastructure developmentstrategy

- ad. REC report* provision concerning scenario analysis for protected areas - incompliant with the World Bank

practice

* the parties have a possibility to appeal against the siting decision, but the voivod may refuse todisclose the justification

10. Tomasz Zapa§nik

- according to the Special Act, scenario analysis is required

11. Ryszard Zakrzewski

- it was agreed with the Directors of GDDKiA branches, that the minister of Environment will issue anopinion not only in protected areas, but also in neighboring areas

12. Marek Szuba

- need for compromise- investment financing comes from taxes, it's not business investment

13. Jan Pakulski

- it is not a meeting about loan III, but about infrastructure development program- the project financed by the World Bank is a government program - social consulting initiative is on the

Government's side

14. Maninger Gill

- this project doesn't require social consultation, but the World Bank is interested in how issues involvedin social consultations are solved

- the World Bank wants to avoid a situation, in which a part of the project would be treated differentlybecause of the World Bank procedures

- Polish procedures are close to World Bank procedures - the objective of the visit is to identify thedifferences

- does EIA report include resettlement issues?- are there separate consultations on the matter of resettlement?

15. Andrzej Kassenberg

16. Stefan Sarna - answer

- number of expropriations is very small compared to the number of buyout cases- procedure:

* property documentation

* offer to the owner

agreement signed expropriation procedure

resignation and buyout expropriation

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- EIA reports do not include the issues of expropriation- feasibility study includes social aspects

17. Krzysztof Rytel

- program for use of loan III is not known- what is the interest rate on the loan?

18. Stefan Sarna - answer

- interest: 5 - 6%- every zloty is accounted for - it cannot be used for other purposes- rehabilitation doesn't exclude building e.g. animal crossings

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DISCUSSION GROUPS

Group I Group II Group III

Environmental Protection Social aspects Network of corridors

R. Zakrzewski P. Kuropatwinski P. Kattner

K. Twardowska B. Szulc Z. Palac

M. Tuszyiiska H. Cyraniska R. Cyglicki

M. Mierzwa T. Zapa§nik J. Byrka

E. Bernadkiewicz J. Pakulski W. Matuszczak

T. Wlizlo P. Plonczkier I. Data

M. Polus M. Gill S. Nowak

K. Dobierska R. Srinivasan A. Bohdan

0. Grudecka R. Szymezuk

J. Lipka R. Myslajek

M. Kobus

D. Cesarska

B. Wiszniewska

M. Wisniewska

R. Hoffer

L. Skorza

Group I - Environmental protection in road investments1. Introduction - Beata Wiszniewska

- Adjusting Polish law to EU regulations

- More precision is required in scope of regulations on:

* trans-border assessments

* habitats directive

* Aarhus convention - directive 35/2003

The habitats directive will be implemented within the framework of the Act on protection of wild nature.

2. Possibilities of proecological organizations having an influence on planned investment, in the light of theSpecial Act.

3. In issuing the opinion, Minister of Environment takes into consideration the quality of the report. For thesiting decision, an opinion from State Voivodship Sanitary Inspector is required for the entire length of theroad. Opinions are available to anyone.

The basic task for the Ministry of Environment for 2004 is integration, of environmental protection andphysical planning.

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4. Issues connected with A-2 route through Warsaw

- The two scenarios (city vs. suburb) were not compared

- Routing an international corridor through the town will not solve the city transport problems

5. Example - Wroclaw highway bypass

- Construction is not possible because of social protests

6. Social consultations

- referenda in Warsaw districts

- a study of conditionality and directions for development of Warsaw has not solved the problem of routeof A-2 highway

- there is a need to prepare a strategic assessment for the Warsaw node within the framework ofvoivodship plan for land development

CONCLUSION:

A strategic assessment should be prepared for infrastructure development strategy in Poland.

7. Who gains from construction of roads?

8. The stage of program concept or siting decision is too late, it makes scenario analysis impossible. Socialconsultations should be conducted at the stage of preparation of voivodship plans for land development.

9. Cost of filing a complaint with the Supreme Administrative Court (NSA) is very high.

10. A bigger control and supervision role of ecological organizations in scope of preparation of EIA report androad planning.

11. Decisions are required from:

- Powiat Sanitary Inspector

- Starosta

- At the stage of construction permit.

12. Example: expressway S-3 on the territory of Wolinski National Park

Internal procedure of the Ministry of Environment:

- Opinions: Wild Nature Protection Department

Forestry Department

Water Resources Department

Geology Department

- Rejection of EIA report

- To voivodship, for information

- publication

- RESULT: a second analysis and a new EIA report

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MOTION:

At the stage of siting decision the role of ecological organizations should be that of control.

The most important stage is planning.

Consultations should start at as early a stage as possible.

13. Ecological review as environmental protection instrument for existing roads:

- Voivod / starosta - at the request of an organization.

14. Closer cooperation between ecological organizations and Ministry of Environment.

CONCLUSION:

Participation of interested parties should be on the stage of planning - by using the procedure of strategicenvironmental impact assessment.

Comments of ecoloeical or2anizations concerning rehabilitation:

1. Rehabilitation will improve the state of environment by:

- Ensuring smoother flow of traffic

- Increased safety

2. Use permit makes it impossible to implement construction instead of rehabilitation (control of compliancewith construction permit provisions):

- Post-implementation analysis

- Ecological review.

Group II - Social aspects

1) Social consultations

2) resettlement

3) cultural values

INFORMATION BARRIER IN OFFICES

MOTION: POSSIBILITY TO BORROW AND COPY DOCUMENTS, MORE COPIES OR INTERNETACCESS

DISINFORMATION

CRITERIA OF IMPORTANCE OF SOCIAL INTEREST.

WHAT IS HAPPENING TO THE VOICE OF THE SOCIETY?

WHAT HAPPENS IF THE HOUSES ARE IN THE LIMITED USE ZONE?

IS IT POSSIBLE TO ORGANIZE SUCH A CONFERENCE ON THE TOPIC OF WARSAW NODE?

INCOMPETENCE OF OFFICIALS; LACK OF WILLINGNESS TO LEARN.

HOW LONG CAN RESERVATION OF LAND LAST?

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HOW IS VALUATION OF CONSTRUCTION WITHOUT PERMIT DONE?

WILL THERE BE COMPENSATIONS FOR INFRASTRUCTURE?

ARE VALUATIONS OF THE HOUSES LOCATED IN THE LIMITED USE ZONE DONE BY THEVALUE BEFORE OR AFTER THE ZONE IS IDENTIFIED?

ARE THERE COMPENSATIONS FOR BUILDING A ROAD CLOSE TO A HOUSE?

Conclusion:

TRAINING IN COMMUNICATION FOR ALL INTERESTED PARTIES.

DEVELOPING DEFINITIONS AND PROCEDURES FOR SOCIAL CONSULTATIONS.

Group III - Network of corridors

Network of migration corridors and protected areas vs. road infrastructure - conflictalleviation methods

The participants of the workgroup " Network of migration corridors and protected areas vs. roadinfrastructure - conflict alleviation methods" after a discussion have agreed that:

* Process of designing and building national roads and highways has started many years ago. Theknowledge about the impact of infrastructure on natural environment and animal migration paths wasvery low then, so envisaging appropriate solutions at the planning stage was not possible. Currently theknowledge about the impact that the fragmentation of environment by roads has on animal populationsand integrity of natural environment is well advanced. We can use results of research concerningparameters and functioning of animal crossings in Western Europe, Canada and USA, we also haveresearch on migration corridors in Poland.

* In order to avoid conflicts, it is extremely important that this knowledge is put to practical use whenimplementing road infrastructure. It would be desirable to prepare base materials, including the routes ofmigration corridors, places of potential conflicts with planned road infrastructure and parameters forcrossings for particular groups of animals. Such documents should be made available to broadest possiblegroup of recipients among people responsible for road infrastructure development and environmentalprotection alike (GDDKiA and its branches, voivodship nature conservators, Ministry of Environment,Ministry of Infrastructure, protected areas management bodies, National Forest Administration etc.).

* Since there are discrepancies between the parameters for animal crossings in the current catalogue ofenvironmental protection measures and the current knowledge on the subject, we recommend updatingthis catalogue by including solutions suitable for large mammals' migrations.

* Locations of animal crossings should be indicated as early as possible, included at an early stage ofinvestment planning, at the best during development of technical/operational study.

* For more efficient planning and design of road infrastructure, as well as identification of places ofconflict between migration corridors and on the borderline of environmentally valuable areas and newroad investment, we suggest creating a working team including representatives of Ministry ofInfrastructure, Ministry of Environment, GDDKiA, NGOs and scientific community.

22


Seminar on Poland Roads Maintenance and Rehabilitation ProjectJanuary 19 - 20, 2004, J6zef6w, POLAND

Organization/Institution Participant Name

GDDKiA Dariusz Skowrofiski

Zbigniew Kotlarek

Marek Rolla

Stefan Sarna

Tomasz Zapasnik

Katarzyna Dobierska

Hanna Cyraniska

Joanna Byrka

World Bank Ronald Hoffer

Edgar Soravia

Maninder S. Gill

Piotr Krzyzanowski

Radhika Srinivasan

Jan Pakulski

Barbara Letachowicz

Ministry of Environment Tomasz Podgajniak

Ryszard Zakrzewski

Katarzyna Twardowska

Ministry of Infrastructure Jaroslaw Pasek

J. Waszkiewicz

23


Tomasz Bochenski


Ministry of Infrastructure B. Rdzanowska

Michal Perlifiski

Institute for Sustainable Andrzej KassenbergDevelopment

Center for Woolfs Rafal KurekMonitoring

Green Federation Krzysztof Rytel

Danuta Cesarska

Marek Kobuz

Ewa Szulc

OTOP Pawel Plonczkier

Polish Green Network Robert Cyglicki

Polish Ecological Club Piotr Kuropatwifiski

Pracowania na Rzecz Radoslaw SzymczukWszystkich Istot

Adam Bohdan

WILK Association for Sabina NowakNature

Robert Myslajek

Green Mazovia Aleksander Buczyfiski

Marcin Czajkowski

Nature Protection Ligue Lidia Skorza

Green Longs of Poland Krzysztof Wolfram

REC Beata Wiszniewska

Wroclaw University of Marek SzubaTechnology

24


Warsaw University Marzena Mazur


GDDKiA O/Bialystok Irena Data

GDDKiA O/Katowice Wieslawa Matuszczak

GDDKiA O/Krak6w Michal Polus

GDDKiA O/Opole Zbigniew Palac

GDDKiA O/Poznafi Pawel Kattner

GDDKiA O/Szczecin Mariusz Mierzwa

GDDKiA O/Warszawa Stanislaw Dmuchowski

Monika Tuszyniska

GDDKiA O/Wroclaw Olenarda Grudecka

Tomasz Wlizlo

25

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