Uganda - Road Development Program Project : environmental impact assessment (Vol. 1 of 3)

Ukf E- 265 fuz VOL. 1 THE REPUBLIC OF UGANDA MINISTRY OF WORKS,HOUSING AND COMMUNICATIONS ROAD SECTOR INSTITUTIONAL SUPPORT TECHNICAL ASSISTANCE PROJECT (RSISTAP) REVIEW AND UPDATE OF THE FEASIBIUTYSTUDY AND DETAILED ENGINEERING DESIGN OF BUSUNJU-KIBOGA-HOIMA ROAD ENVIRONMENTAL IMPACT ASSESSMENT Vol.. 6 FEASIBILITY STUDY FINAL REPORT  BUSUNJU-KIBOGA-HOILMA ROAD UPGRADING PROJECT TABLE OF CONTENTS PAGE 1.0 BACKGROUND INFORMATION 1 1.1 INTRODUCTION 1 1.2 JUSTIFICATION FOR THE EIA STUDY I 1.3 PURPOSE AND SCOPE OF THIS ASSESSMENT 1 1.4 METHODOLOGY 2 2.0 ENVIRONMENTAL POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 3 2.1 HISTORICAL PERSPECTIVE 3 2.2 CURRENT ENVIRONMENTAL MANAGEMENT PRACTICES 4 2.3 RESPONSIBILITIES AND PRACTICAL PROBLEMS IN ENVIRONMENT MANAGEMENT 4 2.4 SUMMARY OF RELEVANT LEGISLATION AND GUIDELINES 5 2.5 WORLD BANK REQUIREMENTS 6 3.0 PROJECT DESCRIPTION 8 3.1 THE PROJECT ROAD 8 3.2 DETAILS OF ROAD WORKS . 8 4.0 CURRENT STATE OF THE ENVIRONMENT IN THE PROJECT AREA - 9 4.1 INTRODUCTION 9 4.2 TOPOGRAPHY, GEOLOGY AND SOILS 9 4.3 CLIMATE AND DRAINAGE 9 4.4 LAND USE AND LAND COVER 9 4.5 DEMOGRAPHIC CHARACTERISTICS 9 4.5.1 Settlement and housing 10 4.5.2 Energy 10 4.5.3 Transport and communication 11 4.5.4 Health 11 4.5.5 Education and literacy I 1 4.5.6 Local Economy 12 5.0 EVALUATION OF POTENTIAL ENVIRONMENTAL IMPACTS INCLUDING RESETTLEMENT ISSUES ENVIRONMENTAL IMPACT kSSESSMENT  r USU3XB~AHO~ ROAD UGRADING PROJEC PAGE 5.1 INTRODUCTION 13 5.2 PHYSICAL ENVIRONMENT 13 5.3 BIOLOGICAL ENVIRONMENT 15 5.4 SOCIO-ECONOMIC AND CULTURAL ENVIRONMENT 16 5.5 OTHER COMMUNITY EFFECTS 18 5.6 RESETTLEMENT IMPACT ASSESSMENT 20 5.7 A SUMMARY OF POSITIVE IMPACTS ASSOCIATED WITH UPGRADING BKH ROAD 20 6.0 PROPOSED MITIGATION MEASURES 23 6.1 INTRODUCTION 23 6.2 CONSTRUCTION PHASE 23 6.3 OPERATIONAL PHASE 23 6.4 MITIGATION PLAN FOR THE CONSTRUCTION PHASE IMPACTS 24 6.5 MITIGATION PLAN FOR OPERATION PHASE IM- PACTS 25 7.0 ANALYSIS OF ALTERNATIVES 26 7.1 INTRODUCTION 26 7.2 ALTERNATIVES 26 7.2.1 The "no action" alternative 26 7.2.2 Route alternative 26 7.3 CHOICE OF CONSTRUCTION TECHNICS 26 7.4 OPERATION AND MAINTENANCE 27 8.0 IMPLEMENTATION OF MITIGATION MEASURES AND COSTS 28 8.1 INTRODUCTION 28 8.2 MONITORING TEAM COMPOSITION 28 8.3 SCOPE OF WORK 29 8.4 COST OF MITIGATION AND MONITORING 29 8.4.1 Major areas of expenditure 29 8.4.2 Land take and loss of crops and other property 29 8.4.3 Road safety education and awareness 29 8.4.4 Compensatory tree planting 30 8.4.5 Other costs 30 8.4.6 Monitoring Costs 30 8.4.7 Summary of Costs 31 rtlsJ(fl'4fVNT \I T\TP s T v CF"9SMFNT  BUSUNJU-KIBOGA-HOIMA ROAD UPGRADING PROJECT 1.0 BACKGROUND INFORMATION 1.1 INTRODUCTION Plans are underway to upgrade the existing Busunju - Kiboga - Hoima (BKH) road from its current status to that of bitumen standard by the Ministry of Works Housing and Communication (MoWHC). According to the Engineering plans, the proposed improvements to this road will closely follow the existing alignment with only a few cases where the new road course may be some metres away from the old one to maintain the required horizontal and vertical aligrunent. Integral to this proposed project is environmental impact assessment (EIA) through which beneficial and detrimental environmental consequences arising from the upgraded road are identified. This identification is done with the main aim of recommending appropriate actions for mitigation of any adverse impacts on the physical biological and human environment. The main oojective of this EIA, therefore, is to bring into focus both the possible negative and positive impacts on the environment at an early stage in the planning process of the proposed project. 1.2 JUSTIFICATION FOR THE EIA STUDY EIA has become generally accepted world-wide as an essential procedure in initiating development projects and implementation of policies. In recognition of this, the National Environment Statute (NES), 1995 gives a list of alvprojects which require EIA before they are implemented. Listed under transportation in the Third Schedule of this statute, all major roads and all roads in scenic, wooded or mountainous areas are subject to EIA. BKH is a major road passing through three districts and connecting Uganda to the Democratic Republic of Zaire. It also traverses a vast stretch of woodland, crosses a number of rivers and wetlands. It is, therefore, imperative that an EIA is conducted on BKH road in consideration of the proposed improvements by MoWHC. 1.3 PURPOSE AND SCOPE OF THIS ASSESSMENT This study is intended to present an assessment of the reasonably foreseeable effects on the environment of upgrading BKH road. Its function is to provide an opportunity at this stage, to integrate environmentally sound practices into initial project design. This is because all projects to improve roads can have effects on the environment and respective communities. The National Environment Management Authority (NEMA) which is the principle national agency for co-ordinating monitoring and supervising all activities in the field of environmnent only provides general guidelines on EIA level because the EIA process is still a new concept in Uganda. For this reason, the EIA study team will work closely with MoWlHC and/or other organisations delegated by the ministry to develop and agree on thc details of assessment for BKH road. ENVIRONMENTAL IMPACT ASSESSMENT  BUSUNJU-KIBOGA-HOIMA ROAD UPGRADING PROJECr 1.4 METHODOLOGY Generally, a number of methods will be applied either singly or in combination in order to adequately address all issues in the scope of this study. In summary, these methods include: * review of a number of existing appropriate literature on BKH road projects, MoWHC policies and environmental management; * expert consultations through which relevant persons in MoWHC, USAID, NEMA and others will be contacted to solicit their views and comments on BKH road project and the environment, and * field visits to conduct on-the-spot assessment, discussions with local communities and district officials with the ultirnate aim of including all views and information in the whole EIA exercise. ENVIRONMENTAL IMPACT ASSESSMENT  KIBOGA-HOIMA ROAD UPGRADING PROJECT 2.0 ENVIRONMENTAL POLICY. LEGAL AND ADMINISTRATIVE FRAMEWORK 2.1 HISTORICAL PERSPECTIVE Due to political upheavals that characterised the post independence period until 1986, no new policy or legislative instruments were put in place to promote sustainable development in Uganda. Specifically, environmental management issues had been relegated to the background on the pretext that Uganda is well endowed with abundant natural resources. For example, it was not until 1987 that a ministry in charge of environment protection was established. From then, a number of developments have taken place in the bid by the Governrment of Uganda (GoU) to use and manage environmental resources on a sustainable basis. One such development has been the National Environment Action Plan (NEAP) which was embarked upon in 1990 with assistance from United States Agency for International Development (USAID). NEAP was given the mandate to recommend policy and legislative actions, institutional strengthening guidelines and potential investments with the main objective of putting in place a sustainable national development strategy. For instance, with NEAP's guidance the then Ministry of Natural Resources (MNR) formulated a National Environment Management Policy. Strategies of this policy are intended to provide and assist decision makers and resource users in determiining priorities in the national context and also at the sectoral, private sector and individual levels. One of the strategies to assist in implementing this policy was the establishment of NEMA. NEMA is now the principal national agency to supervise and co-ordinate the management of the environment in Uganda. This was achieved through NES of 1995. The post-1986 era in Uganda has been associated with more development programs and an average economic growth rate of over 6% per year. This trend necessitated directing national development efforts to ensure that plans aimed at improving the standard and quality of life take due consideration of environmental concerns. First. it was the Ministry of Environrnent Protection in 1987, then the Directorate ot Environment Protection in 1993 and now, it is NEMA in charge. NEMA is under the general supervision of the Minister of Lands, Water and Environment (until May 1998 it was the Ministry of Natural Resources) who is also a member of the committee which provides and co-ordinates environmental policy guidelines. NEMA is headed by an Executive Director who is also an ex-officio member of the board that oversees the implementation and successful operations of the policy and functions of the Authority. NEMA is made up of four divisions one of which is the Information and Monitonng Division (IMD) whose primary purpose is to ensure adequate surveillance and control of the environment and any related areas of interest to it. Part of IvMD's mandate is to see that environmental regulations such as EIA are complied v, ith. environmental standards are set; and an environmental monitoring system is put in place. ENVIRONMENTAL IMPACT ASSESSMENT  13USUNJU-KlBOGA-HOlMA ROAD UPGRADING PROJECT 2.2 CURRENT ENVIRONMENTAL MANAGEMENT PRACTICES At the national level, NEMA works with lead agencies. According to NES, a lead agency is "any ministry, department, parastatal agency, local government system or public officer in which or whom any law vests function of control or management of any segment of the environment." In each sectoral agency, there is supposed to be an environment desk known as an Environrnent Liaison Unit (ELU) to act as a contact point for NEMA. As with the districts, day-to-day activities of running ELUs are not the responsibility of NEMA but respective lead agencies. In line with the national programme on decentralisation, NES provides for the transfer of environmental management responsibilities to districts, municipalities and rural communities at the grass roots. Based on the guidelines that had been provided during the NEAP process, NES gives a framework in which to manage the env!ronment at districts and lower levels so as to be in line with the overall decentralisation process which is one of the current priority government policies. In summary, this was done to create an environrmental management system that integrates and fortifies links among all levels in the districts, public sector and NGOs. Environment related activities in districts are facilitated by District Environment Officers (DEOs) who are direct employees of respective districts. Among other duties, DEOs are supposed to liaise with NEMA on all matters relating to the environment in their areas of jurisdiction. 2.3 RESPONSIBILITIES AND PRACTICAL PROBLEMS IN ENVIRONMENT MANAGEMENT According to the Environment Statute, NEMA in consultation with lead agencies is responsible for establishment of quality standards for air, water. effluent, noxious smells, soil, noise and any other standards deemed necessary. However, due to the short time NEMA has existed, most of these are still in draft form including soil standards which have just been released. The whole NEMA establishment is in place but still has a lot to accomplish because environmental management and planning in Uganda is relatively a nev, phenomenon. The Environment Policy, Statute and management authority (NEMA) are all new and so is the decentralisation process. NEMA is expected to impro'. e environment management practices in the country without taking over the duties ot lead agencies. Initially, some practical problems emerged in the institutional and legal framework For instance, the Ministry of Local Government had to amend the Local Government Statute of 1993 in order to accommodate DEOs who were originally not direct employees of districts. They were, however, provided for by NI.s although NEMA does not have the mandate and means to deploy permanent stal anywhere outside its Kampala headquarters. On the other hand, MNR which is Ehc parent ministry of NEMA does not have any structure to take on >,, h responsibilities because all environmental issues are supposed to be handled ENVIRONMENTAL IMIPACT ASSESSMENT  BUSUNJU-IBOGA-HOIMA ROAD UPGRADING PROJECT NEMA. Recent pronouncements by the Prime Minister which reflect the government position on the same issue have eased the tasks. Some districts up to today do not have DEOs and by the time of this study, Kiboga and Mubende Districts did not have a substantive DEOs either, although plans are underway to recruit them. This means that all other structures established to manage use of the environment at various local levels are also missing. Hoima district, however, has one but is not well facilitated to carry out all their expected duties. ELUs in sectoral agencies are faced with operations-related constraints such as financial and logistics. For example there are no details at the sectoral level with regard to EIA procedures in most institutions with exception of the MoWHC which has began the process. However, the details are not yet out and MoWHC is of the view that these details will be available for use mid next year. 2.4 SUMMARY OF RELEVANT LEGISLATION AND GUIDELINES In order to ensure that the post-1986 environmental organisation and policies succeed in Uganda, a number of legislative instruments and guidelines are being implemented. An outline of relevant ones to this study and/or project is given below. (i) The 1995 Constitution Among other things addressed by the new Constitution, land related issues were given high priority. Article 237 vests all the land in the country to the people, while Article 26 prohibits forceful seizure of individual property including land by any authority public or private without adequate compensation. This has instilled a sense of security of tenure in most Ugandans especially those who have been squatting on public or other lands Because what is stated in these Articles cannot be described as "land reform actions," a Land Bill was provided for by the same Constitution in '.hich issues pertaining to land tenure and land use would be dealt with in detail X Land Act, 1998 is now in place and provides for all issues related to land in Uganda One of the national objectives and directive principles of state policy ,s promote sustainable development for the present and future generations ' ensure this, Article 245 empowers Parliament to provide for measulvt intended to protect and preserve the environment from abuse, pollution is degradation among others. (ii) The national environmental assessment guidelines NEMA has finalised development of the National EIA Guidelines, cop'c' which are available and provide a brief summary of their requirements i; I - guidelines are now in force because they have the required legal back;-. Parliarnent. Developers and any other interested and/or concemed pari ENVIRONMENTAL IMPACT ASSESSMENT  BUSUNJU-JKIBOGA-HOIMA ROAD UPGRADING PROJECT required by law to undertake EIA studies after consulting respective lead agencies and NEMA. There are a number of stages one goes through before one is allowed to proceed with the proposed development. (iii) The national environmental audit guidelines Unlike with EIA, environmental audit guidelines are not ready yet because they were not given prioritv. Their preparation is going on but it might not be possible for them to be available for use in a year's time from now. (iv) Environmental quality standards According to NES, NEMA in consultation with respective lead agencies is responsible for establishment of quality standards for air, water, effluent, noxious smells, soil, noise and vibration and radiation. NEMA is also supposed to establish such criteria and procedures as they consider necessary for the determination of the standards for buildings and other structures; industrial products; materials used in industry, agriculture and for domestic uses; solid waste disposal; and such other matters and activities that may affect the environment. However, due to the relatively short time NEMA has existed, none of these standards have been fully developed to be ready for use. Recently in June 1998 an advert was placed in the mass media by NEMA informing the public of the Authority's intention to start applying some of the standards being developed. In addition, comments were invited from all the interested parties and more especially, the lead agencies before these standards are confirrned. By inference, therefore, it is probable that environmental quality standards for air, water, effluent, noise and soil in Uganda will be available before the end of this year. (v) Others Other policies, laws and guidelines which are highly relevant to this projoxt include but are not limited to: * The Local Government Statute, 1993 and the 1997 Local Government .Xt. * The Water Statute, 1995; The National Environment Management Policy, 1994; The Wetlands Policy, 1995; The National Envirornment Statute, 1995; and * The Uganda Wildlife Authority Statute, 1996. 2.5 WORLD BANK REQUIREMENTS Under the World Bank's Operational Directive 4.01 (World Bank), 1991, El.A flexible procedure depending on the nature of the project and is to be cond.^ during project preparation, closely linked to the feasibility study. EIA must ENVIRONMENTAL IMPACT ASSESSMENT  1USUNJU-KIBOGA-HOIMA ROAD UPGRADING PROJECT project-specific and other environmental impacts in the area of influence of a project. EIAs also include the country's own environmental study and action plans, and overall policy framework, national legislation and institutional capabilities. ENVIRONMENTAL IMPACT ASSESSMENT  BUSUNJU-KIBOGA-HOTMA ROAD UPGRADING PROJECT 3.0 PROJECT DESCRIPTION 3.1 TTHE PROJECT ROAD For ease of description of the various items involved in this study, it may be convenient to divide the project road in two major sections which are Busunju Kiboga (67 krn) and Kiboga - Hoima (79 kin). The project road is linked to Kampala by tarmac which ends at Busunju. It traverses three districts of Mubende, Kiboga and Hoima and it also leads to eastem Congo through Butiaba on the westem shores of L. Albert. From Busunju to Kiboga the road is gravel with ditch to ditch of 10 m and a 5 m wide track carriageway. The Kiboga to Hoima sections is also gravel with ditch to ditch distance of 8 m and 4 m wide track carriageway. This road generally narrows at river crossings and has a total width ot about 6.5 m inclusive of the shoulders which are overgrown with vegetation. In Hoima town, there is a stretch of 1.6 km of tarmac road which is completely worn out on the sides and the centre. 3.2 DETAILS OF ROAD WORKS The upgraded road will more or less follow the existing alignment in order to minimize fresh disruptions to the environment with the exception of some minor realignments at the appropriate sections especially as the road approaches Hoima. Other characteristics of this road include: * clearing and grubbing; * paved shoulders 1.5 metres; * bituminous surfacing (chip and spray); * 6 metre carriage way all through; * surface drainage enhancement and bridge works. ENVIRONMENTAL IMPACT ASSESSMENT  r USUNWU-KBOGA-H0IMA ROAD IJPGRADING PROJECT 4.0 CURRENT STATE OF THE ENVIRONMENT INTHEPROJECT AREA 4.1 INTRODUCTION This chapter describes the baseline conditions in the study area and provides summarized informnation on the physical, biological and socio-economic environment. The purpose of this chapter is to facilitate the evaluation of impacts assessed in the next chapter and the description puts more emphasis on resources likely to be affected by the proposed project activities. 4.2 TOPOGRAPHY, GEOLOGY AND SOILS The area traversed by the project road between Busunju and Kiboga is typically hilly with the first 50 km up to Lwamata characterised by a series of ridges oriented in west - east direction. Road elevations in this section vary from 1050 m to 1200 m. From Lwamata to Kiboga, the highlands are restricted to the south and the road runs through a flat plain on the northern side at a general elevation of 1150 m. From Kiboga to Hoima topography remains flat except for minor depressions on swamps and river crossings. Average elevation along this section varies from 1000 m to 1150 m. There are two major geological formations crossed by this road. Between Busunju and Kiboga, solid geology is the Buganda - Toro system comprising of rocks such as schists, shales, phylites and basal quartzites. Folding is quite prominent between Lwamata and Katera with many steep sided ridges occurring here and there. From Kiboga to Hoima, the major part of the road alignment is underlain by Basement Complex comprising of biotite gneisses, granite gneisses, amphibolites and quartzites. The dominant soil type all through the road alignment from Busunju to Hoima is ferralitic consisting of mainly sandy clay looms with dominant colour red. There are also pockets of sandy looms which also fall under the ferralitic type of soils. 4.3 CLIMATE AND DRAlNAGE The project area receives ample rainfall (average 1000 mm per annum) with temperature ranging between 22