Uganda - Road Sector Institutional Support Technical Assistance Project : environmental assessment (Vol. 5 of 7) : Road sector EIA guidelines

E-358 VOL. 5 Ministry of Works, Housing & Communications Entebbe Uganda SECTOR ENVIRONMENTAL POLICY AND MANAGEMENT ASSESSMENT OF FRSP VOLUME m: ROAD SECTOR EIA GUIDELINES FINAL REPORT March 1999 437.4520.1 ARCADIS Euroconsult Makerere University Institute of Arnhem, the Netherlands Environment and Natural Resources, Kampala, Uganda  SECTOR ENVIRONMENTAL POLICY AND MANAGEMENT ASSESSMENT OF FRSP FINAL REPORT VOLUME III: ROAD SECTOR EIA GUIDELINES TABLE OF CONTENTS 1. INTRODUCTION 6 1.1 Background 6 1.1.1 Objectives of the Study 6 1.2 Setting the Stage for EIA 7 1.3 Environmental Guidelines for the Road Sector 8 1.4 Stakeholders in the EIA Process 9 1.5 Review of World Bank Practice 9 1.5.1 Compatibility with Ugandan Law 10 1.5.2 Harmonisation of NEMA and World Bank EIA Guidelines I 0 2. ENVIRONMENTAL IMPLICATIONS OF ROADS AND ROAD PROJECTS IN UGANDA 11 3. NEMA EIA PROCESS AS APPLICABLE TO THE ROAD SECTOR 23 3.1 The EIA Process in Uganda 23 3.1.1 Project Brief 23 3.1.2 Screening 23 3.1.3 The Environmental Impact Assessment Study 25 3.1.4 Decision Making 26 3.1.5 Monitoring and Auditing 26 4. EIA AND THE PROJECT CYCLE 28 5. GUIDELINES FOR MOWHC AND RAFU/ROAD AGENCY INPUT TO THE EIA PROCESS 30 5.1 The Project Brief 30 5.1.1 Purpose of the Project Brief 30 5.1.2 Responsibility for Preparing the Project Brief 32 5.1.3 Preparation of the Project Brief 32 5.1.4 Suggested Time Frame for Preparation of Project Brief 35 5.1.5 Submission of the Project Brief 35 5.2 Screening 35 5.2.1 Purpose of Screening 35 5.2.2 Responsibility for Screening 35 5.2.3 The Screening Process 35 5.2.4 Suggested Time Frame for Screening 38 5.3 Terms of Reference for Environmental Impact Reviews 40 5.3.1 Responsibility for Preparing the Terms of Reference for EIRs 40 5.3.2 Contents of TORs for EIRs 40 5.3.3 Suggested Time Frame for Preparation of Terms of Reference for EIRs 41 5.4 Terms of Reference for Scoping 41 5.4.1 Responsibility for Preparing TORs for Scoping 41 5.4.2 Contents of TORs for Scoping 42 5.4.3 Suggested Time Frame for Preparation of Terms of Reference for Scoping 43 5.5 Terms of Reference for Environmental Impact Assessment Studies 43 5.5.1 Responsibility for Preparing Terms of Reference for ElAs 43 5.5.2 Contents of TORs for ElAs 43  5.6 Review of Environmental Impact Reviews and Assessments 45 5.6.1 Purpose of Reviewing EIRs and ElAs 45 5.6.2 Responsibility for Reviewing EIRs and ElAs 45 5.6.3 Reviewing EIRs and ElAs 46 5.6.4 Suggested Time Frame for Review of EIRs and ElSs 47 6. ENVIRONMENTAL ASSESSMENT GUIDELINES FOR PRACTITIONERS 48 6.1 Responsibility for Conducting EIRs and ElAs 48 6.2 Environmental Impact Review 48 6.2.1 Baseline Study 48 6.2.2 Identification of Impacts 49 6.2.3 Developing Mitigation Measures 49 6.2.4 Identifying Opportunities from Positive Impacts 54 6.2.5 Environmental Management Plan 54 6.2.6 EIR Report 54 6.2.7 Local Involvement 55 6.3 Environmental Impact Assessment 55 6.3.1 Scoping 55 6.3.2 Baseline Study 56 6.3.3 Description of Impacts 56 6.3.4 Analysis of Alternatives 56 6.3.5 Mitigation Measures 56 6.3.6 Identifying Opportunities from Positive Impacts 57 6.3.7 Environmental Management Plan 57 6.3.8 Environmental Impact Statement 58 7. THE EIA PROCESS FOR RAFU PROJECTS 60 7.1 Preamble 60 7.2 Recommended Procedures for Road Projects requiring EIRs or ElAs 62 8. GUIDELINES FOR ENVIRONMENTAL CONSIDERATIONS DURING ROAD MAINTENANCE 65 8.1 Responsibility for Environmental Management during Maintenance 65 8.2 Purpose of Environmental Management in Road Maintenance 66 8.3 Methodology for Environmental Management during Maintenance 66 8.3.1 Identification of Problems and Causes 66 8.3.2 Development of Protection/Mitigation Measures 68 8.3.3 Budgeting for Environmental Management during Maintenance 68 8.3.4 Work Programme 69 8.3.5 Impiementation of Mitigation/Protection Measures 69 8.4 Local Involvement in Road Maintenance 69 8.5 Inter-Agency Co-operation 69 9. ENVIRONMENTAL MONITORING, EVALUATION AND AUDITING 71 9.1 Environmental Monitoring 71 9.1.1 Monitoring Road Works 71 9.1.2 Indicators for Environmental Monitoring 71 9.1.3 Data Collection 73 9.1.4 Monitoring Plan 73 9.1.5 Public Involvement and Inter-Agency Cooperation in Monitoring 73 9.2 Evaluation 74 9.3 Environmental Audits 74  10. GUIDELINES FOR MITIGATION OF SOCIAL IMPACTS 76 10.1 Project Planning 76 10.2 Tihe Project Brief 77 10.3 Screening and Scoping: 77 10.4 Preparation of TOR for Environmental Impact Reviews 77 10.5 Preparation of TOR for Scoping 78 10.6 Preparation of the TOR for the Environmental Impact Assessment Studies 78 10.7 Review of Environmental Impact Reviews and Statements 78 11. GUIDELINES FOR PUBLIC CONSULTATION 79 11.1 Information Dissemination in Road Sector Projects 79 11.1.1 Information Solicitation in Road Sector Projects 80 11.2 Consultation 80 11.3 Stakeholder Participation in Public Consultation 80 11.4 Responsibility for Ensuring Public Involvement 81 11.5 Methodologies for Public Involvement 81 11.5.1 Open House 82 11.5.2 Interview Survey 82 11.5.3 Public Meetings/Hearings 83 11.5.4 Individual or Group Discussions 83 11.5.5 On-Site Consultation 83 11.5.6 Rapid Rural Appraisal (RRA) 84 12. GUIDELINES FOR COMPENSATION 85 12.1 Introduction 85 12.2 Constraints to Monetary Compensation 85 12.3 Compensation Guidelines 86 12.3.1 Objectives of Compensation 86 12.3.2 Responsibilities 86 12.3.3 Community Participation 86 12.3.4 Baseline Survey 87 12.3.5 Legal Framework 87 12.3.6 Valuation for Lost Assets 87 12.3.7 Payments 87 13. GUIDELINES FOR RESETTLEMENT 88 13.1 Introduction 88 13.2 Resettlement Policy Framework 88 13.3 Objectives in Resettlement 88 13.4 Basic Requirements for Resettlement Plans 89 13.4.1 Baseline Surveys 89 13.4.2 Resettlement Timetables 89 13.4.3 Restoration of Lost Incomes 89 13.4.4 Resettlement Budget 89  13.5 Contents of a Compensation and Resettlement Plan 90 13.5.1 Objective 90 13.5.2 Policy 90 13.5.3 Organisational Responsibilities 90 13.5.4 Community Participation 90 13.5.5 Baseline Survey 91 13.5.6 Legal Framework 91 13.5.7 Alternative Sites 91 13.5.8 Valuation of and Compensation for Lost Assets 92 13.5.9 Land Tenure, Acquisition and Transfer 92 13.5.10 Access to Training and Credit 92 13.5.11 Shelter, Infrastructure and Social Services 92 13.5.12 Environmental Protection and Management 92 13.5.13 Implementation Schedule 93 ANNEXES I Stakeholders in the EIA Process II Environmental Implications of Roads 111 Model Terms of Reference for an EIA of Proposed Road Works IV Environmental Specifications in MOWHC Documents V References OTHER VOLUMES Volume I Executive Summary Volume II Main Report Volume IV Environmental Management Resources  5 ACRONYMS AND ABBREVIATIONS BOQ - Bills of Quantities CBO - Community Based Organisation EIA - environmental impact assessment EIR - environmental impact review ELU - Environmental Liaison Unit ESA - Environmentally Sensitive Area EU - Environmental Unit FRSP - First Road Sector Project GOU - Government of Uganda MOWHC - Ministry of Works, Housing and Communications (formerly the Ministry of Works, Transport and Communications, MOWTC) MUIENR - Makerere University Institute of Environment and Natural Resources NBDB - National Biomass Data Bank NEAP - National Environment Action Plan NEMA - National Environment Management Authority NGO - non government organisation NWCMP - National Wetlands Conservation and Management Programme PAF - Projected Affected Families RA - Road Agency RAFU - Road Agency Formation Unit ROW - Right of Way RRA - Rapid Rural Appraisal RSDP - Road Sector Development Programme SPAF - Seriously Project Affected Families TOR - Terms of Reference UNP - Uganda National Parks UWA - Uganda Wildlife Authority WB - World Bank  6 1. INTRODUCTION 1.1 Background In July 1998, the Ministry of Works, Housing and Communications (MOWHC) awarded the contract for conducting a study to assess the environmental policy and management of the First Road Sector Project (FRSP) to ARCADIS Euroconsult. The study was initiated as a result of three major developments: i) the National Environment Statute of 1995 which made it mandatory for environmental impact assessments (EIAs) to be carried out for all new development projects: ii) the realisation by the MOWHC that the FRSP would include major road works requiring EIAs; and iii) increased funding for road sector activities by donors who stipulate environmental assessments as a condition of funding. Based on this, the FRSP's strategy for integrating environmental concerns into road sector activities is to: a) identify the sectoral environmental impacts of the road programme on Ugandan environmental management system, on the planning process and on the policy, regulatory and institutional framework; and b) conduct site-specific impact assessments for each of the planned road sections. elaborate on activities that will mitigate these impacts, and contribute to environmentally sound use of the land and its resources adjacent to the proposed road works. The FRSP Environmental Policy and Management Assessment Study addresses the first component, focusing on environmental policy and management as the basis of the Sectoral Environmental Assessment for the road sector in Uganda. 1.1.1 Objectives of the Study The objectives of the study are to: i) assist the Government of Uganda to identify the status of the country's procedures for conducting ElAs of road sector projects by reviewing policies. regulations and the institutional framework for conducting ElAs; ii) identify the most critical constraints to environmental management of the road sector in Uganda; iii) develop sector specific environmental guidelines; iv) streamline and standardise the EIA process for road works.  7 1.2 Setting the StaLe for EIA In order to provide the background against which the EIA process in Uganda has evolved. this section briefly highlights the key elements and the milestones leading to the formulation of the national EIA guidelines. As Uganda strove to increase economic productivity after years of civil unrest, it became apparent that the various socio-economic activities were having grave consequences on the physical and natural environment (soil erosion, deforestation, reclamation of wetlands, loss of fishing grounds), as well as on public health (pollution, increased incidence of disease). Recognising the need for an environmental management plan, the Government of Uganda began to develop the National Environment Action Plan (NEAP) in 1991 so as to provide a framework for addressing these problems and in addition to ensure the integration of environmental concerns into the development process. NEAP was finalised in June 1995. NEAP established, inter alia, the following issues which are of direct relevance to this study: * that there was an absence of policies and laws for sustainable environmental management in the country; - that ElAs were conducted on an ad hoc basis, and usually at the behest of a funding agency; * that national environmental standards were lacking for most sectors (with the exception of water and health). Stemming from NEAP, the National Environment Management Policy for Uganda (1994) was formulated whose overall policy goal is to maintain or enhance environmental quality and resource productivity on a long-term basis while promoting sustainable social and economic development. One of the key objectives of the policy is to integrate environmental concerns into all development policies, planning and activities at all levels, and to encourage participation by the people during the development process. With regard to EIA, the policy's objective was to provide a system of EIA and environmental monitoring so that negative impacts arising from a development could be foreseen, eliminated or mitigated. In order to achieve this goal, the policy outlined its strategies as being to: i) create a legal EIA process necessitating environmental impact assessments, environmental impact statements and environmental audits for all private and public development projects; ii) establish a national environmental authority whose function would be to oversee ElAs, while leaving the actual implementation to the lead agencies involved; iii) develop EIA capacity/capability in sectoral ministries and departments. Subsequently in May 1995, the National Environment Statute was passed which provides for the establishment of the National Environment Management Authority (NEMA) whose functions would be to coordinate, monitor and supervise the sustainable management of the environment. (NEMA was established in 1996). The Statute also provides for the establishment of district environment committees, district environment officers and local environment committees. In addition, the Statute addresses national and district level environmental planning, environmental regulation (through ElAs, environmental auditing and monitoring), and the establishment of environmental standards.  8 The Environmental Impact Assessment Regulations of 1998, make it mandatory for all projects listed in the Third Schedule of the Statute and any major repairs, extensions or routine maintenance of any existing project included in the Third Schedule of the Statute to conduct ElAs in accordance with the regulations before implementation. These regulations are therefore applicable to all major roads and all roads in "scenic, wooded or mountainous areas." 1.3 Environmental Guidelines for the Road Sector This volume of the study report focuses specifically on developing environmental guidelines for the road sector in Uganda. It is intended for use by personnel in the MOWHC, the Road Agency Formation Unit (RAFU), the future Road Agency (RA) and environmental practitioners who will be contracted to undertake environmental impact assessments (EIAs). It will also be of use to various stakeholders, such as Local Authorities, the Uganda Wildlife Authority, the Forestry Department, conservation-oriented NGOs (eg. IUCN), etc., as well as donor agencies supporting the road sector. The National Environment Action Plan for Uganda (June 1995) requires that each sectoral ministry has an environmental liaison unit (ELU). The MOWHC already has such a unit. These guidelines have been developed on the premise that the ELU will play a greater role in environmental management in the road sector than simply liaison. They also assume that another environmental unit will be created under the Road Agency Formation Unit (RAFU), which will later become a unit in the proposed Road Agency. The institutional framework which provides the basis for these guidelines have been discussed in detail in Volume II of this report, and should be referred to for clarification of responsibilities for road sector activities in the context of MOWHC and RAFU/Road Agency. The guidelines have been designed so that the tasks in the EIA process that are to be undertaken by the MOWHC's environmental liaison unit (ELU) and the environmental unit (EU) to be created under RAFU and its successor the Roads Agency are explicitly indicated. The same procedures would also apply if the Road Agency were to be privatised in the future. The guidelines present procedures for conducting ElAs of road projects where the purpose of each step in the EIA process is clearly described. These procedures closely follow the National Environment Management Authority (NEMA) EIA guidelines, and aim to assist those who are unfamiliar with environmental assessment requirements in Uganda or have little experience in ElAs of road projects specifically. However, modifications to these procedures have also been presented which intend to streamline the EIA process so as to accommodate the MOWHC's road project cycle. Environmental management during road maintenance are described with a view to assimilating environmental and social considerations into current practices for assessing maintenance needs. Also included in this document are guidelines for the integration of public consultation, compensation and settlement issues into the EIA process for the road sector. It must be stressed that the guidelines contained in this document are intended to direct personnel within the MOWHC/RAFU/RA and EIA practitioners in the application of the EIA process. Although road sector activities, their impacts and mitigation measures have been described as comprehensively as possible, the full range of environmental and social issues will not have been covered, nor will all the difficulties in carrying out ElAs have been addressed. This will only be possible after the guidelines have been applied to road projects of different screening categories  9 located in various environmental and social settings. Thereafter the guidelines should be revised to include any experiences that would improve their application and relevance to the road sector. 1.4 Stakeholders in the EIA Process The FRSP will no doubt play a major role in the economic development of the country, since roads provide the essential link between source and destination so important to agriculture. commerce, industry, wildlife, tourism, health and education. However, activities in the FRSP may induce environmental changes that could directly or indirectly affect these sectors. Consequently, it is imperative that the approach for environmental management of the road sector is multi-sectoral. Precisely because of this multi-sectoral nature of the impacts of road projects, a number of agencies or stakeholders must be involved at various stages of the road project cycle. The most important of these is the National Environment Management Authority (NEMA) which is mandated by law to be "the principal agency in Uganda for the management of the environment" (refer The National Environment Statute of 1995). Other stakeholders are the ministries/departments responsible for the sectors mentioned above, and of course, the public - ie. road users and those who benefit from the road. Stakeholders should be involved at the planning, design, construction and maintenance stages of the road project cycle, and EIA is a tool that can ensure that this is done. Participation by stakeholders is highlighted in these guidelines under various sections, but is specifically addressed in the Guidelines for Public Consultation (Chapter I 1). A list of stakeholders who may need to be involved in road sector activities is presented in Annex I. 1.5 Review of World Bank Practice The World Bank emphasizes an environmental assessment must be carried out for any project before it can grant any form of assistance or input into the project. The requirements set by the World Bank in its policy statement,' entail bearing in mind environmental considerations at the time of project identification, preparation, and recognizing that modification could occur at the time of appraisal, negotiations, and implementation. Because of this recognition, the World Bank requires that ElAs are carried out to determine project impacts which may be potentially irreversible, for instance, extinction of species or ecosystems. On the other hand the current World Bank policy on environmental issues is that projects with severe environmental impacts will not be financed without adequate mitigation measures. Under the World Bank Operational Directive on Environmental Assessment,2 a borrower has the responsibility for carrying out an environmental assessment while the Bank plays a review and follow-up role to ensure that the project has adequately complied with the requirements for environmental assessment. In that respect, the Bank assists the borrower to prepare the terms of reference or the environmental assessment. Operational Manual Statement 2.36: "Environmental Aspects of Bank Work", May 1984. OD 4.00, Annex A, October 1989.  10 The World Bank policv further requires the borrower to undertake appropriate consultation with disclosure of information to affected groups and local non-governmental organisations. Currently, environmental training is one of the mandates of the Bank as a measure to adequately integrate environmental assessment into the various country project implementation policies. 1.5.1 Compatibility with Ugandan Law Uganda has adequate laws on environmental issues as provided for under the 1995 Constitution, the National Environment Statute and the Environmental Impact Assessment Regulations of 1998, and other sectoral laws on natural resources management. Most of the provisions in these laws take into account the World Bank policies on environmental issues. A review of the country's environmental laws inter alia revealed that Uganda is committed to maintain sustainable development and this has been incorporated in its basic legislation on the environment including the constitution. Laws relating to environmental management in the road sector are presented in Chapter 2 of Volume IV of this report. Tender documents for feasibility studies for road sector projects include environmental assessments, while contract documents have provisions for preventing environmental degradation, through pollution and other means. This is in compliance with the requirements of the law under the National Environment Statute, 1995. A conclusion drawn from this study is that the Government of Uganda (GOU) is determined to implement her national environmental policy on environmental issues, during the life span of any project, including, for the current purpose, the FRSP. This policy is in line with that of the World Bank. The measures suggested under the World Bank directives, and whicil are included in the Ugandan legislation, for ensuring compliance with environmental standards during project implementation are reflected in the analysis above. 1.5.2 Harmonisation of NEMA and World Bank EIA Guidelines In November 1997, a workshop was held in Kampala to compare environmental assessment procedures between the Government of Uganda and the World Bank. The workshop concluded that there was a substantial overlap and no basic inconsistencies between the NEMA and World Bank EIA guidelines. However, it was clarified that all World Bank funded projects must comply with NEMA guidelines. The implications on the FRSP is that all its sub-projects, irrespective of the funding agency, must conform with the NEMA EIA Guidelines, 1997, and the Environmental Impact Assessment Regulations, 1998. The distinction between the two is that whereas the EIA Guidelines are not legally binding, the Regulations are.  11 2. ENVIRONMENTAL IMPLICATIONS OF ROADS AND ROAD PROJECTS IN UGANDA Road projects essentially follow four stages: planning, construction, operation and maintenance. Activities that are undertaken during these stages have several environmental impacts. The eiivironment is defined as comprising the following elements: Phvsical elements geology, topography, soils, climate, air quality, drainage patterns, surface water, groundwater, water quality, soil erosion. Biological elements flora and fauna, habitats, rare and endangered species, protected areas that may exist in the area of influence of the road, trends in flora and fauna. Socio-economic elements demographic characteristics, land-uses, agricultural and economic activities, modes of transport, road networks and their usage, origin and destination of goods and passengers transported in the area of influence of the road, administrative structures in the area of influence of the road. employment. Cultural elements archaeological, historical, religious and cultural features, scenic beauty, wilderness value. An environmental impact is a change in an environmental element that is caused directly or indirectly by an activity related to a project such as a road, eg. clearing of vegetation along the selected alignment of the road. Different social groups may be affected in different ways by environmental impacts. Environmental impacts can be in the form of risks created by a project. eg. increased risk of traffic accidents. Impacts vary in terms of the following characteristics: * duration * timing (short/long-term) * magnitude * spatial coverage * likelihood of occurrence. All these characteristics need to be established during an EIA of a road project. Mitigation measures for those impacts found to be significant should be determined. Mitigation measures aim to: minimise or eliminate adverse impacts, * enhance beneficial impacts, protect the rights of affected groups to compensation. Potential mitigation measures include alternative alignments and modification of the design of the road project, compensation of those adversely affected by loss of land and relocation.  12 Summaries of the various potential environmental impacts that may arise during planning, construction, operation and maintenance of roads are given in Tables 2.1 to 2.4 below, according to the various road works activities undertaken at each stace. It should be noted that the i'st of impacts and mitigation measures is not exhaustive, as each road will have impacts peculiar to itself. The tables are intended as a guide. Furthermore, in most cases an impact on one environmental element will result in impacts on other related environmental elements as demonstrated below. Annex 1I gives a detailed description of how these impacts arise, their mitigation, monitoring, suggested methods for analysing these impacts, and potential sources of relevant data in Uganda.  Table 2.1: Environmental Impacts of Road Planning Activity Impact Mitigation Measures Assessnient of the need for road constrtictioni * Perceived unfairiness by some members of the * linvolve local communities in assessing thie communllity. need for road constrtiction. . Negative attitude towards government initiatives Selection of the alignmenit * Loss of productive soils. * Avoid areas with productive soils. * Loss of residential land * Avoid built up and cultivated areas. * Keduiced property values * Provide link or loop road to by-passed * Loss of access to settlements whiclh will be by settlements. passed. Identification of sites for quiarries and borrow pits * Loss of land . Avoid productive lands or land with particular * Depreciation of property values value (eg. forest or protected area) * Avoid conspicuous, scenic or built up areas Negotiating with owners of land to be acquired * Perceived unifairiness . Provide adequate compensation Curbing of encroachment onto the road reserve by * Perceived unfairiness * Sensitise local people about the need for a road uniplanned settlements reserve and the provisions of the Roads Act. * Collaborate with local authorities to curb these practices.  Table 2.2: Environmental Impacts of Roa(l Construction Activity Impact Mitigation Measures Recruitmenit of labour force * Creation of employment opporttiunities. * Give first preference to locals whenl recruiting * Improvement in hotiselhold incomes. the labour force. * Influx ofjob seekers. . Provide healtih education and collaborate with * Social promiliscuLity (gamblinig, prostitutioni, the police so as to reduce criminal activities. assaults). * Give first preference to locals when recruitinig * Pressure on social services suchi as clinics, labour force. If uniavoidable supplemenit social schools. services such as clinics. Provisioln of accommodation to the labour force * Increased rentals. . Provide workers with their own * Loss of vegetation throtiglh firewood demand accommodation. by the labour force. * Firewood should be extracted from approved * Contamination of both surface an(d woodlands, alternatively provide kerosene or groundwater throtigh poor sanitary facilities, electricity for heating. and spread of epidemics (cholera, etc.). * Install approved sewage disposal facilities, eg. * Litter. latrines, septic tanks. * Depletion of water used by local commtiunities . Provide facilities for solid waste disposal. for domestic water supply. Develop wells or boreholes for supplying wvater to the labour force. Workshop construction and operation . Loss of vegetation. * Establish workshops on sites without . Contamination of both surface and significant woodlands. groundwater throtighi oil spills. . Used oil shotild be sent for recycling or use . Temporary air and noise pollutioll from biological dispersants to break down oil amid machine operations lubricants. . The contractor shotild consult with the MOWI-IC/RAFU!Road Agency before locating project offices, sheds amid constrictioni planit. * Camps shotild not be located near settlements or drinking water supply intakes. * On completion of the project, all structures shotild be removed or given to local commninities for their use. * The site shotild be restored to near natural or stable condition after use. * Exposed areas shotild be planted with indigenous tree species.  Activity Impact Mitigation Measures Clearance of vegetation along the road, quarry * Loss of vegetation and hiabitats. * Select alignments whicih minimise vegetation sites and borrow areas, access roads * Destruction of rare and/or endangered species. loss. * Acceleration of soil erosion. * Avoid areas of special conservation value. * Develop plan to protect threatenied species * Reliabilitate borrow areas, quarries and access .____ _______________ .__________________________ roads by planting grass and trees. Demolition of structures within the road reserve * Loss of buildings * Avoid locating the road in built up areas. If uniavoidable provide fair compensation. Explosive, combustible and toxic material * Fire and explosion hazard . Hazardous materials should not be stored near * Grounid and stirface water pollution from surface waters. runoff and migration of spills/leaks and * All lubricants and oils should be collected and improperly discarded oils and lubricants recycled or disposed of off site. * Plastic sheeting should be placed under hazardous material and their storage areas to collect and retain leaks and spills. * Contaminated runoff from storage areas should be drained/led into ditclies and ponds with oil traps at their outlets. * Contaminated and worm plastic sheeting slhould be packed into drums and disposed of off site. Removal of top soil and stockpiling at quarry sites * Siltation of streams, swamps, and lakes duie to . Excavate cutoff ditch around stockpiles to and borrow areas, and along access roads. soil wasihed from stockpiles prevent materials being washed away by * Acceleration of soil erosion surface runoff. * Stockpiled materials should be covered with fabric or other materials. * Avoid stockpiling near water ways/wetlands or on slopes. Earthworks/slope stabilisation . Accelerated erosion resulting in slope * Protect exposed slopes usinig conventional civil instability, landslides. engineering structures in conjunction with bio- * Destruction of vegetation and property engineering techniques. * Increased suspended solids in surface waters * Protect areas susceptible to erosion usinig either temporary or permanent drainage works. * Prevent ponding. * Prevent scouring of slopes. * Newly eroded channels should be backfilled and restored to natural contours.  Activity Impact Mitigation Measures Ilaulinig of construictioni materials sucih as gravel, * Staininig of houselhold goods by dust * Avoid locating access roads near settlements, if fill nmaterials, xvater. * Comiminiiiicationi problems due to noise unavoidable regular watering of access roads to * Disruptioni to sleep due to noise miniimise dust formation. Vehicles delivering . Traffic accidents materials shotild be covered to reduce spills. * Accidents involvinig animiials * Construct speed calming devices, .eg. htimps * Prohibit haulage activities at night in settled areas. * Erect traffic signs along routes used by hauilage trucks. * Construction crews shotild take care to avoid an imials. Excavations along the road * Siltation of streams, swamps and lakes by soil * Construct/install drainage strictures to avoid washed away from excavations. direct discharge of water from the road into * Damage to archaeological, historical and streams. cultural sites. . Avoid alignments tihat cause suchi damages, or * Destructioni of animals habitats consider relocating materials occurring at these sites. * Avoid alignments that destroy significant animal liabitats Excavation of gravel and borrow pits * Gully formationl due to unistable side slopes of . Rehabilitate borrow and gravel pits by borrow pits. stabilising side slopes or backfilling. * Objectionable visual intrusion when pits are on * Avoid siting pits on prominent relief features prominent features. * Compensate land owners. * Loss of land. * Avoid siting pits near settlements. * Noise and/or dust Traffic diversioni * Delays in transportationi of goods and * Provide acivice to the public on shorter passengers. alternative routes, and ensure that road works * Traffic congestioni. are completed on time . Traffic accidents along diversion roads * Diversion routes shotild accommodate two- way traffic, and that they shiould be all- weather. * Warn road users about traffic diversion by using signs. Constructioni of bridges * Scouring of chianinel beds and banks * Locate the bridge so that it does not cause * Increase in sediment concentration significant chaniges to flow velocities. * Prevent scourinig using gabions, stone pitchinig, lining banks with concrete.  Activity Impact Mitigation Measures Asphalt plant operation * Loss of vegetation if firewood is used to lieat * Use of firewood for heating bitumen slhould be biturnen. discouraged. Bitimen hieaters shiould use * Littering the landscape due to improper kerosene, diesel or gas. disposal of unused bitumen and aggregates * Unused bitimen and aggregates should be * Contamination of soil by bitumen collected for future use. * Contamination of water due to oil spills * Line the soil surface at sites where oils are likely to be spilled. * Use biological dispersants to break down used oil, or landfill techniques. * Contractor should use bitumen emulsion where feasible. In hilly areas with steep road gradients, cut-back bitumen shotild be used. * Bitumen should not be dischiarged into side drains. * Bitumen drums shiould be stored in designated locations and not scattered along the road. Surfacing * Hazard during transportation of heated * Erect road signs to warn other road users about bitumen. road works. * Spilled bitumen may contaminate water * Trees, vegetation and private property in the vicinity should be protected during bitumen spraying. * Bitumen should not be applied during strong winds, or heavy rains. * Avoid spilling of bitumen. Stone crushliig plant * Excessive noise and disturbanice to local - Workmen should be provided withi protective residenits and workmen. clothiing, including ear muffs and masks. * Damage to local crops from dust emissions. * Locate plants away from population centres, * Impact on surface water quality due to dust drinking water intakes, cultivable lands and emissiotis. sensitive ecosystems. * Stone crushing plant should be fitted with approved dust control devices and operated in accordance with manufactuirer's specifications.  Activity Impact Mitigation Measures Construction of drainage cianniels * Siltation of streams, swamps and lakes due to * Loose soils should be stockpiled and protected lose soil washed into them. from being washed away by covering it. * Modification to the natural drainage pattern Constructing ditches around them. * Utilise as much as possible tlhe natural drainage features, and wliere not possible provision should be made for i) excavation of infiltration ditchies and soak pits within the road reserve, ii) acquisition of land througih whicih artificial outfall drains are to be excavated for safe discharge into lower catchment.  Table 2.3: Environmental Impacts of Roatd Operation Activity Impact Mitigation Measures Existence of the road * Split comilit ilities * Provide facilities for pedestrians to cross road. * Reduced vehicle mainitenanice costs * Provide facilities for wildlife to cross the road, * Disruption to the movement of wildlife eg. tunnels. Vehictilar traffic * Human accidents * Put up road signs warinig road uses about * Livestock accidents pedestrians and animal on the road. . Destrtiction of wild animilals throtigih accidents . Install speed control devices, eg. htimps. . Disruption of commtiunication in schools, * Erect road signs warinig road users about the hospitals and places of worship due to traffic possible presence of animals on the road. noise * Erect speed controls near schools. * Disruption to sleep due to traffic noise * Restrict use of engine brakes near schools, hospitals and settlements. Transportation of livestock * Spread of animals diseases * Movement of animals shotild be autilorised by * Improved access to livestock markets. the Department of Animal Industry. Passenger transportation * Rural-urban migration * Encourage local authorities to develop * Spread of diseases (STD's, HIV/AIDS, employment opportunities in rural areas. cholera, etc.) * lIlealth officers should undertake health * Improved access to hospitals/lhealthi centres education campaigns. rransport operators * Increased access to markets for business should be encouraged to do the same. activities * Parking facilities should be provided at * Development of business opportunlities eg. busiiness centres. road side stalls, woodcrafts. * Regular road maintenance shouIld be * Reduced transport costs to markets. undertaken. * Unplaniied settlements * Local authiorities shotild ensure that all * Poachinig of wild animals settlements conform with development plans. * Illegal clearance of vegetationi for firewoocl . Uganda Wildlife Autilority and police shouil(d * Busi fires monitor sucih iicidenits and enforce the relevant laws. * Erect traffic signs prohibitinig poaching and stopping of vehicles in protected areas. * Local autilorities and Forest Department should enforce the relevant laws. * Erect traffic signs warning of dangers of unconitrolled bushi fires, and prohibiting starting of fires in areas with protected forests. Transportation of goods * Reduced costs of commodities * Regular road maintenance shouid be unfdertaken.  Activity Impact Mitigation Measures Drainage of water from the road * Flooding of agricultural lands and homesteads * Dig infiltration ditches and soak pits withill the * Gully formation along drainage channiels road reserve. Outfall drains with erosion * Siltation of streams, swamps, and lakes. protection works shiould also be considered. * Increase turbidity of the water * Erect erosion protection measures eg. scour checks, lining of drains. Regular maintenance will also minimise soil erosion. * Construct interception ditches, settling ponds to prevent muddy water reaching water courses. Vehicle emissions * Air pollution * Plant trees within the road reserve to filter * Increase in respiratory and eye infections particulates * Introduce legal requirements for proper maintenance of vehicles.  Table 2.4: Environmental Impacts of Road Maintenance Activity Impact Mitigation Measures Manuial road maintenance * Creation of employment opportunities. * Give preferenices to local communities in * Increase il household incomiles. awarding road maintenanice labour based * Sense of ownership of the road. contracts. * Prompt road maintenance. * Reduction in vandalism of road structures. * Development of construction skills. Ditch cleaning * Flooding of agricultural lands and homesteads * Form offshoots to split flow in the drain. due to modification of points or direction of Construct infiltration ditches, soak pits to discharge of ditches. prevent water being discharged towards agrictiltural lands anid lhomesteads. Culvert repair/replacement * Disruption of traffic. * Erect road warinig signs and advice road users * Increase in turbidity of the water due to to use alternative roads. excavated materials being washed into the * Excavated materials shotild be suitably affected stream. stockpiled and covered so that they will not be washied into watercourses. Premix pothole patchinig * Littering of the landscape due to the disposal of * Excavated materials should be used for materials excavated from potholes to be backfilling borrow and gravel pits. repaired. * Firewood for heatinlg bitumen should be * Loss of vegetation throuigih extraction of obtained from sites approved by the Forest firewood for heatinig bitumen. Department and local communities. * Traffic accidents due to potholes left open over * Excavated potholes should be covered with night. crushied stones or sand if they are going to be * Accidents due to disruption of traffic flows by left open over night. road works. a Erect road signs warning road users about on- going road maintenance works. Medium and light grading . Disruptioni of traffic flows. * Warn the public about planned and on-going * Increase pressure on water sources used by tile road works, and advise on alternative routes to communLity. avoid delays due to road works. * Water for road maintenance work should be obtained from sources whicih do not affect water supply to communities.  Activity Impact Mitigation Measures Ileavy grading, regravelling, spot gravelling. * Reduced land use options on sites where * Compensate adequately owners of properties borrow pits will be located. affected. * Loss of land values o01 properties on vliicih * Rehabilitate borrow pits by backfilling or borrow pits Nvill be located. reducing slopes of side walls. * Gully formationi tlhrougIl collapsing of side * Backfill borrow pits if possible. walls of borrow pits. * Watering of roads to reduce dust, and covering * Breeding of disease causing vectors in staginanit material to be transported. water collecting in borrow pits. * Erect traffic calming measures near settlements * Dust durinig transportation of fill materials. sensitive to noise, eg. schools, hospitals. * Noise due to haulage trucks. * Warn road users about road works and suggest * Delays in traffic due to detours or diversions. alternative routes to avoid traffic delays. * Objectionable visual intrusion by gravel pits Ensure road maintenance works are completed particularly on prominent relief featires. promptly. * Hazard due to the possibility of both people * Gravel pits should not be located on prominent and animals falling into gravel and borrow pits relief features. If unavoidable they slhould be left open. reliabilitated by backfilling and revegetating * Disruption of traffic flows. them. * Increase pressure on water sources used by the * Fence gravel pits and provide only limited community. access to them. * Reduce slopes of pits. Ideally backfill and revegetate pits. * Warn the public about planned and on-going road works, and advise on alternative routes to avoid delays due to road works. . Water for road maintenance work should be obtained from sources which do not affect water supply to communities.  23 3. NEMA EIA PROCESS AS APPLICABLE TO THE ROAD SECTOR 3.1 The EIA Process in Uganda Under the National Environment Statute, 1995, NEMA was given the responsibility for preparing environmental guidelines for EIA, which would serve as the administrative basis for the EIA process. The Guidelines for Environmental Impact Assessment in Uganda (hereafter referred to as the NEMA EIA Guidelines) were published in July 1997. The EIA process as delineated by NEMA and the Environmental Impact Assessment Regulations of 1998 comprises: * Project Brief . Screening * The Environmental Impact Assessment Study * Decision Making * Monitoring and Auditing The process conforms with most intemational and donor guidelines prescribed for EIA, and is depicted in Figure 3.1. 3.1.1 Project Brief Project briefs serve to give relevant background information on the basis of which screening can be carried out. Guidelines for formulating project briefs are given in Chapter 5. The EIA process normally begins once a developer has submitted the project brief to NEMA. NEMA then forwards a copy of the project brief to the Lead Agency (which can be a ministry, parastatal, government department, etc, under whose jurisdiction the project falls), and holds preliminary consultations with the Lead Agency. In the road sector, for some sub-projects of the FRSP, the Developer and the Lead Agency will be the Ministry of Works, Housing and Communications, while for others the Roads Agency Formation Unit (RAFU), which will in due course become the Roads Agency, will be the Developer and the Lead Agency. 3.1.2 Screening The purpose of screening is to determine the extent to which an environmental assessment is required. Projects must go through three screens: Screen I The first screen sieves out projects that do not require ElAs. In the context of road projects or activities these would include minor spot improvement or repairs on earth or gravel roads.  FIGURE 3.1: NEMAS EIA PROCESS OUTPUTS/INPUTS DEVEOR SUBMISSION OF PROJECT BRIEF Project bnef forwarded to Lead Agency ** NEMA and Lead Agency consult on project bnef S SC~~~~~~~~~~~~~!E SCEE R project is roec ad equatN e Certificate of Approval of EIA E exemp requires mitigation E from EAmandatory measures N EIA have been I~~~~~~~~~~ incorporated N G Request for E [ SCC PING | ^ comments on N SPN scoping MVN O TOR j A C ENVIRONMENTAL STUDY AND Public consultations S COLLECTION OF INFORMATION 1) 1 o Stakeholder consultations D Y PREPARE ENVIRONMENTAL | IMPACT STATEMENT (EIS) Environmental Impact Statement 4^ Lead Agency and public comments review D E REVIEW & COMMENTS _ _ Any further stakeholder and C ON EIS Lead Agency comments S 0 NO OF EIS N M-r * Certificate of Approval of EIA M A |DECiSION| K |ON PROJECT N - * Record of Decision Source. Guidelines for Environmental Impact Assessment in Uganda. NEMA, July 1997.  25 If screening indicates that a project requires an environmental impact study, then the project goes on to the second screen. Screen 2 At this stage, it is determined whether the project or sub-project is likely to have significant environmental impacts for which mitigation cannot be readily identified. If that is the case, a detailed EIA study is necessary. In the event that the project may have some negative environmental repercussions that can be mitigated, it proceeds to the next screen. Screen 3 Projects reaching this screen would include minor rehabilitation, improvement and maintenance works which would require an environmental impact review (EIR) or partial EIA so that appropriate mitigation measures can be identified. For example, regravelling works, or the repair of potholes or small sections of existing tarmac roads may have impacts related to quarrying for material for regravelling, dust and air emissions, noise, temporary disturbance to local populations. traffic diversions, etc. If the screening process determines that the project is exempt from EIA, or that the project should be approved on the basis of identified mitigation measures, the developer is awarded a Certificate of Approval of the Environmental Impact Assessment by NEMA. But if the project qualifies for a partial or full EIA, the certificate is issued after approval or disapproval of the Environmental Impact Review Report in the case of a partial EIA, or an Environmental Impact Statement for a full EIA study. Screening should be done by the Lead Agency and the screening category must be approved by NEMA. Guidelines for allocating screening categories to road works activities are presented in Chapter 5. 3.1.3 The Environmental Impact Assessment Study The EIA study consists of three steps: scoping, the environmental impact study and decision making. Scoping Scoping identifies the critical environmental and social issues which will need to be addressed during the environmental study. It requires consultation with the relevant authorities and stakeholders (especially affected communities) so that their input/comments can be taken into consideration. In addition, the scoping exercise delineates the boundaries of the study area, identifies preliminary alternatives, suggests a schedule for the completion of the environmental study and for full public involvement during the study, and identifies the full range of stakeholders who may be interested in or affected by the project. Thus it assists in the planning of the environmental study and forms its terms of reference. Scoping is normally carried out by the firm of consulting engineers conducting the pre-feasibility study for a road project.  26 The terms of reference for the EIA studv should be prepared either by the persons conducting the scoping exercise, or by the proposed environment unit within RAFU/Road Agency. These terms of reference must be approved by NEMA. Environmental Impact Study During the environmental impact study, relevant data is collected and analysed. major impacts are investigated in depth, mitigation measures developed for adverse impacts and compensatorv measures recommended for unmitigable impacts. All project alternatives are thoroughly examined. Impacts are quantified in terms of magnitude (major, moderate, minor, negligible), extent (regional, local, site specific) and duration (long term, medium term, short term). During the study, constant consultation must be undertaken withi the relevant authorities, stakeholders, affected and interested parties. Environmental Impact Statement The findings of the environmental impact study are presented in an environmental impact statement (EIS). The EIS must contain a description of the project site, surroundings, proposed activities, and of the significant environmental impacts and risks. It should discuss the project alternatives and recommend mitigation measures. The EIS should also contain a monitoring and evaluation programme. The environmental impact study and the EIS are usually undertaken by the consulting engineers who are conducting the feasibility study and design of the road project. 3.1.4 Decision Making The EIS is submitted to NEMA for review and comments. NEMA invites stakeholders and the public to comment on the document. Comments are also sought from the MOWHC/RAFU/Road Agency. If the EIS is approved, then a Certificate of Approval of the Environmental Impact Assessment is issued, following which a decision is made to proceed with the project. The project may then be implemented. If, however, the EIS is not approved, then the project may be rejected or the developer may be asked to revise the proposed actions or develop other mitigation measures in order to eliminate adverse impacts. A Record of Decision is prepared whether or not the project is approved. 3.1.5 Monitoring and Auditing During and after implementation of the project, the Environmental Impact Assessment Regulations require that the developer carries out environmental monitoring in order to ensure that recommended mitigation measures are incorporated into the project design, that these measures are effective and so that unforeseen impacts may be predicted.  27 After thle first year of operation. the developer must undertake an initial environmental audit. The purpose of the audit is to compare the actual and predicted impacts, and assess the effectiveness of the EIA study, as well as its appropriateness, applicabilitv and success. The audit is to be carried out by persons or firms chosen by the Executive Director of NEMA. Thereafter the Executive Director may require additional audits to be made.  28 4. EIA AND THE PROJECT CYCLE It is important to emphasise that conducting environmental impact assessments does not entail the introduction of new concepts or procedures. Rather it is a process for incorporating or ensuring environmental management into existing steps in a normal project cycle. The development process for a road project involves a number of technilcal studies wilich are essentially the planning and design stages, after which the road is constructed and then becomes operational. During operation the road needs to be regularly maintained. Most procedures required to be carried out during an EIA can be undertaken as part and parcel of project cycle activities. So, if EIA is regarded as part of the project cycle, provision will be made for these various procedures to be included into the pre-feasibilitv study, the feasibility study. design. construction and operations. This will help to avoid situations where ElAs are done after the design stage or during construction. Figure 4.1 compares the typical stages of a road project cycle with those in an EIA. and thus illustrates how EIA can be integrated into planning. design, construction. operation and maintenance. It should be stressed here that, although the flowchart may be interpreted as such. EIA is not a parallel process to the road project cycle. The chart intends to indicate wheni each step is to be taken. The road project cycle followed by the MOWHC differs slightly to that shown in Figure 4.1. In order to accommodate all the steps of the EIA process into the MOWHC's road project cvcle and at the same time facilitate smooth implementation of the technical studies wvhich are part of the road project. certain modifications to the EIA process are necessary. These are presented II Chapter 7 of this document.  FIGURE 4.1: EIA AND THE TYPICAL ROAD PROJECT CYCLE PROJECT CYCLE EIA PROCESS identification LProject Identification Screening |Pre-Feasiility Study Scoping project formulation TOR & environmental study team seiection Feasibility Study_| project Environmental Impact preparation Preliminary Desi Study and Preparation of EIS Detailed Design _ appraisal Project Appisal Review o A. 4 decision Loan Negotiation/ Approval of EIS and making Approva l Decision implementation Poject Implementation of implementation Mitigation Measures monitoring & Performance Audit Monitoring and evaluation [ dEaluation l uation Source: Adapted from Seminar on Environmental Assessment Procedures between the Republic of Uganda and the World Bank, Final Report, January 1998  30 5. GUIDELINES FOR MOWHC AND RAFU/ROAD AGENCY INPUT TO THE EIA PROCESS As Lead Agencies and Developers in the road sector, the Ministry of Works. Housing and Communications and RAFU/Road Agencv will need to undertake certain tasks so that the EIA process may proceed as required by the Environmental Impact Assessment Regulations of 1998. Specifically these tasks are: Preparation of the Project Brief * Screening * Preparation of the Terms of Reference for Environmental Impact Reviews (EIRs) * Preparation of the Terms of Reference for Scoping * Preparation of the Terms of Reference for Environmental Impact Assessment Studies Review of Environmental Impact Reviews and Statements It is expected that most of the projects requiring ElAs will be under the jurisdiction of RAFU. However, there mav be occasions where projects undertaken by the MOWHC will also require ElAs. Figure 5.1 illustrates the EIA process for the road sector. 5.1 The Project Brief 5.1.1 Purpose of the Project Brief TIhe project brief provides essential information to those authorities responsible for screening, so that an informed decision can be made when it is allocated to a screening categorv. A well written project brief has a number of advantages: - it simplifies and speeds up the screening process, by eliminating the need for obtaining more information; * if the project brief contains adequate and appropriate mitigation measures for any anticipated negative impacts, the Executive Director of NEMA may approve the project without necessitating an environmental impact assessment; * it forms the basis for terms of reference for an environmental impact review in the event that only a partial EIA is required; . it provides data which can act as a springboard for gathering further relevant data during scoping and the EIA study, thus saving time and resources; * it lays the foundation for public participation in the environmental appraisal process by listing possible stakeholders.  FIGURE 5.1: THE EIA PROCESS FOR THE ROADS SECTOR RAFU EU or MOvVHC ELU PREPARES PROJECT BRIEF SUBMISSION OF PROJECT NEMA (and ELUI BRIEF TO NEMA ronsull on project brief SCREENING CATEGORY I Proects not having any signfftcant YES Certiftcate of impacts. Exemp from EIA Approval of EIA NO SCREENINGJ CATEGORY II Projects likely to have minor YES Certiticate of S impaLts but mitigation measures Approval of EIA C have been aderiuately identified R E NO N SCREENING CATEGORY Ili I Projects having some signdicant YES N impacts, but no satisfac tory t mitigation measures paroposed SCREENING CATEGORY IV Projects having many significant impacts, and no mitigation measures have been identified YES FULL tIA STUDY I _ _ Request for S C C P-1 N-G7 ~comments on scoping E N V APPROVAL M OF TOR P A C ENVIRONMENTAL IMPACT Public ENVIRONMENTAL IMPACT T ASSESSMENT STUDY consullations REVIEW S - Stakeholder T coqnsuftatiozns o PREPARE ENvIRONMENTAL ENVIRONMENTAL IMPACT Y | IMPACT STATEMENT (EIS) | Study Repoft REVIEW REPORT ____________________ Public Comm ts review D E REVIEW & COMMENTS Further C | | ON EIR REPORTIEIS staKceholder I ~~~~~~~~~~~~~~~~~~~~~~~comments I I APPROVAL OF | 0N| EIR REPORTI EIS N I l | O~~~~~~------ Certificate of APProval ot EIA JA ||D-ECISION| K OJEC N - Record of Decision approved ROAD PROJECT ] MPLEMENTATION  32 5.1.2 Responsibility for Preparing the Project Brief The project brief should be prepared by RAFU/Road Agency's environmenital unit or an engiineer in RAFU's planning, design or maintenance section, who will be appointed by the Executive Director of RAFU or the Road Agency. During the preparation of the brief, the designated engineer or the environmental unit will need to liaise with MOWHC's environmental liaison unit. For projects. other than routine and periodic maintenance, to be undertakeni by MOWHC. the project brief should be prepared by the Ministry's ELU. 5.1.3 Preparation of the Project Brief Project briefs are concise documents that should contain the following information. 1. Nature of thte Project A brief description of the project is required which states whether it involves the construction of a new road or alignment, major rehabilitation of an existing road, minor rehabilitation of an existing road, maintenance works. The length of road proposed for rehabilitation/improvement/maintenance should be indicated here. This gives an idea of the magnitude of the road works anticipated. 2. Historical Background A review of the historical background, particularly in the case of rehabilitation projects. heips to identify reasons for rehabilitation. For example. the exercise would reveal whether it was lack of maintenance, or whether there was a particular (environmental or social) problem leading to the degradation of the road. or simply that the life of the road was coming to an end, that has made rehabilitation necessary. Such information can also give insight into positive and negative impacts previously experienced during construction and operation. Lessons learned from this review would facilitate the identification of such impacts which may not be altogether obvious during the design for rehabilitation. In addition, it would provide some baseline data which would be useful during the design phases, and for monitoring in the later stages of project construction and operation. Often the best sources for obtaining historical information are the local communities living within the area of influence of the proposed road project. 3. Area of Influence Area of influence should indicate the length and location of the road to be constructed/rehabilitated/improved. and the total area that will be affected by or benefit from the road project. It should describe origin and destination points, and settlements or towns along the project road. The description should include protected or environmentally sensitive areas or ESAs (national parks, forests, wetland areas, sites of cultural interest), major rivers and topography.  3 3 These are best illustrated on a map. 4. Baseline Data In order to obtain an understanding of the extent of the likely impacts that may result from a road project, it is essential that some baseline data is provided at this stage. Information of relevance to road projects and their areas of influence includes: - geology and soils -climate and rainfall - drainage patterns and wetland areas - land use - land tenure - protected areas or sites of special conservation significance - sites of cultural or historical value - human population and demographic trends - livestock population - local government set up - major economic activities - health, education, sanitation services - public health status. Much of this information can be obtained from district environmental action plans. district development plans, and other such reports. If and when it is set up, a GIS database within the MOWHC will also be able to provide a lot of this information. This data will be useful during the EIA study to be conducted later, but also provides a benchimark against which changes can be measured during monitoring. 5. Project Components This covers the basic design details of the road. for example: - type of road (bitumen, gravel, earth) - length of existing road - number and length of new alignments - length and location of deviations - number of bridges - type and number drainage structures - number of livestock underpasses - width of carriageway - width of shoulders - maximum cut and fill gradients. In addition, the type of road works activities envisaged during the project must be described under: site preparation activities: eg. clearing of vegetation for camps, realignments, deviations; grading. excavation of quarries through mechanical means or blasting; access routes to quarries;  34 construction activities: eg. earthworks, haulage, drilling, production of asphalt. crushing: built facilities eg. conitractor's camp; wvorkmen's camps; plant and equipment stores; operations eg. occupational safety; location and number of workmen's camps: amount of gravel/hardstone material required; sources and supply routes of other material; closure and restoration eg. rehabilitation of quarries. camp sites. At this stage, it is possible that many of the road's design features (such as bridges, realignments, culvert locations, exact location for camps, etc) may not have been decided upon. However, much of the information as regards the requirements of the road project will be contained in the terms of reference for the feasibility study as well as the road design manuals. Thus adequate information will be available for the purposes of the brief. Again. maps would enhance the description of the above components. 6. Preliminary Analysis of Alternatives Usually at the very beginning of a proposed road project, it becomes evident whether and where realignments and deviations are required. The brief should therefore indicate the location of possible alternatives for realignments and deviations, the benefits derived from the realignments (economic and social), and the likely impacts resulting from them. 7. Othier Projects witihin the Area of Influence Other development projects that are ongoing or planned for within the area of influence of the road project may have implications on a road project in terms of traffic volume (and therefore the life of the road), purpose of the road, road alignment or proposed realignments, benefits associated with the road, settlements along the road, road safetv, location of workmen's camps, and environmental impacts associated with these issues. 8. Summary of Impacts and Mitigation Measures Based on the above information, a summary should be prepared of anticipated positive and negative impacts on the physical, natural and socio-cultural environments whichi would result from the road project as well as mitigation measures that will be incorporated into the road design to address the negative impacts. Where mitigation measures cannot be identified at this stage, this should be stated in the brief. It must be emphasised here that the project brief is NOT a scoping exercise NOR an environmental impact study. Descriptions should be kept to a minimum and the project brief should not exceed 20 pages.  35 5.1.4 Suggested Time Frame for Preparation of Project Brief It should take the officer assigned to this task in the relevant department within RAFU/Road Agency approximately 7-10 working days to prepare the project brief. 5.1.5 Submission of the Project Brief For RAFU projects, ten (I10) copies of the project brief are to be submitted to NEMA's Executive Director, while two (2) copies should be given to the ELU within the MOWHC. For MOWHC projects, the project brief should be submitted directly to NEMA. 5.2 Screening 5.2.1 Purpose of Screening Once the project brief has been submitted, the screening process begins. Screening determines thle extent to which environmental analysis is required. From information provided in the project briefs, projects can be screened in order to determine screening categories on the basis of the nature, magnitude and sensitivity of the environmental issues at hand. Screening has two main benefits: i) it allows the identification of major environmental issues at a very early stage, and by so doing ii) it allows the prudent use of financial and human resources bv directing the focus of environmental analyses on significant, rather than minor, environmental issues. 5.2.2 Responsibility for Screening Screening should be done by the EU in RAFU in consultation with the ELU within MOWHC. For MOWHC projects, screening should be done by the ELU. All screening categories to which projects are allocated should be endorsed by NEMA. 5.2.3 The Screening Process Using the screening methodology proposed in the NEMA EIA guidelines as a basis, road projects should be subjected to the screening process shown in Figure 5.2 below. In order to establish the appropriate screening category, it is important that the project brief provides sufficient information in order to gain a basic understanding of the proposed project. To reiterate, the main issues are: - nature of the project - project components (ie. types of works, design, - historical background proposed realignments, etc) - area of influence (including - preliminary analysis of alternatives location of project) - other projects in the area of influence - baseline data - summary of anticipated positive and negative impacts and mitigation/enlhancement measures.  36 Figure 5.2: Road Sector Screening Process Road Sector Action required before Screening =World Bank Screening Process project can proceed Category Screening Category projects certainly not having significant YES Certificate of Approval I C impact on the environment and should issued therefore be exempt from further EIA processing NO projects likely to have some minor impacts Certificate of Approval 11 C on the environment but for which sufficient YES issued mitigation measures have been identified NO l projects that have some significant Environmental Impact III B environmental impacts. where proposed YES Review. and if acceptable mitigation measures are inadequate, and - Certificate of Approval therefore a limited analysis is required issued NO _ projects having a number of (very) Full EIA where EIS must IV A significant impacts on the environment be approved by NEMA (whether adequate mitigation measures have YES and Certificate of been identified or not), hence requiring a full * Approval of EIA issued environmental impact studv  37 Examples of screening categories for typical road projects and road works activities are given Table 5.1 below: Table 5.1: Examples of Screening Categories for Typical Road Works Activities Screening Definition Types of Road Project or Activities Category Projects normally * routine maintenance works such as clearing roadside vegetation exempt from ElAs * periodic maintenance works such as grassing of embankments Projects for which * partial rehabilitation works, such as repaving small sections of mitigation measures existing tarmac roads have been identified * projects involving upgrading from earth to gravel III Projects requiring * major road rehabilitation/improvement projects limited environmental * projects involving pavement strengthening analysis * projects involving upgrading from earth or 2ravel to bitumen standard IV Projects requiring full * construction of new roads environmental analysis * all road rehabilitation projects with new alignments * all road projects necessitating the displacement of people through the acquisition of land for easement, for example the upgrading of urban sections of major trunk roads * all road rehabilitation projects passing through environmentally sensitive areas such as: - wetlands - forests - national parks/protected areas - areas prone to desertification - areas prone to erosion (mountainous or steep terrain) - areas of unique scenery - areas of scientific. historic or archaeological interest - areas of cultural. traditional or religious value - areas of importance to threatened ethnic groups Other Considerations On occasion a situation may arise where, for the most part, a road project would not have many significant impacts, but one small section of the road would cause concern. Such a case is illustrated by, for example, a 200 km road which is proposed for upgrading, but of wilich 2 km pass throughi a forest reserve. In this case a limited analysis should be carried out for, say. the 190 km of road which does not fall in the forest reserve or its buffer zone. while for the road section traversing the forest, a full EIA study should be commissioned. This approach would serve to save both time and resources. For projects qualifying under Category IV, screening criteria as described above have to be developed further to identify "thresholds". As an example, all forest reserves do not necessarilv have the same value in terms of biodiversity, economic value or locally usable resources. So. the impact of rehabilitating an existing road through a forest that is regarded as being largely degraded. encroached or cultivated by the Forest Department, may not need a full EIA study. As each sector (forestry. health, water, inland waterways, etc) develops its own environmenital guidelines, these threshiolds should be defined as part of that process. This will mean that for road projects that affect any environmentally sensitive area, the ELU should ask the relevant  38 ministry/departmentJauthority under whose jurisdiction these ESAs lie. to recommend a screening category. Thus, the various sub-projects under the components comprising the First Road Sector Project would fall under the screening categories as shown in Table 5.2 overleaf. It must be noted that at this stage these screening categories are only indicative since project briefs have not been prepared for all the individual project components. 5.2.4 Suggested Time Frame for Screening Provided all the necessary information is given in the project brief, screening of the project would normally take half a day. If certain critical information is lacking, a specific request will be made to the engineer/department responsible for the brief to obtain that information. However, if a substantial amount of information is still required, then the project brief may have to be returned to the relevant department in RAFU/Road Agency, revised and resubmitted. The NEMA EIA guidelines allow 2 weeks for the Executive Director, in consultation with the MOWHC's environmental liaison unit, to make a decision as to whether the road project is granited conditional or unconditional approval (in which case a Certificate of Approval is issued) or whether the project requires further environmental assessment.  39 Table 5.2: Screening FRSP Sub-Projects Component/Description Screening Category Component A: Road Network Links Roads in the netwvork have been prioritised for manual routine maintenance. I and 11 mechanical routine maintenance and periodic maintenance Component B: Road Network Improvement Upgrading of Urban Sections of Trunk Roads Kibuye - Busega Road IV Kibuye - Makindye Road IV Nalufenya - Roundabout - Njeru Road IV Kampala - Ggaba Road IV Kampala - Port Bell Road IV Kampala - Banda - Bweyogerere Road. IV Pavement StrengtheninQ Katunguru - Kasese - Fort Portal* IV Equator Road* III Kasese - Kilembe Roads IV Jinja - Malaba and Busia - Muwayo Roads IV Tank Hill and Luzira - Butabika Roads III Kampala (Kasubi) - Nansana Road IIl Mbale - Namunsi Road Ill Mbarara - Ntungamo Road IV Upgradine to Paved Standard Gayaza - Bugema - Zirobwe Road Ill Gayaza - Kalagi Road IV Ntungamo - Rukingiri - Ishasha Road* IV Kyotera - Mutukula Road* IV Fort Portal - Bundibugyo Road* IV Busunju - Hoima Road* IV Sironko - Muyembe - Kapchorwa - Suam Road IV Karuma - Pakwach - Arua Road* IV Matugga - Semuto - Kapeeka and Butalangwa - Luwero Roads IV Kabale - Kisoro - Bunagana Road* IV Masindi - Kafu Road* III Kyenjojo - Mubende Road IV Tirinyi - Pallisa - Kumi and Mbale - Pallisa Roads IV New Construction Kampala Bypass* IV Upgradine of Feeder Roads 11 Studies Component C: Road Network Administration and Capacity Building Studies. Reviews. Preparation of Manuals Physical Facilities 11 and Ill * studies for which ElAs have been done to date or are on-going  40 5.3 Terms of Reference for Environmental Impact Reviews If screening determines that a partial environmental assessment (Category 111) or a full EIA (Category IV) is required for a particular project. terms of reference need to be developed for these studies. For Category IV projects, terms of reference are prepared after scoping because of the amount of detailed studv required for a full EIA. However for a Category III project, terms of reference can be drawn up from the information provided in the project brief. 5.3.1 Responsibility for Preparing the Terms of Reference for EIRs The responsibility for developing terms of reference for environmental impact reviews should lie with the environmental unit within RAFU/Road Agency. The EU may liaise with the MOWHC. For MOWHC projects. its ELU will be responsible for drawiig up these terms of reference. The TORs must then be submitted to NEMA for review. 5.3.2 Contents of TORs for EIRs Model terms of reference for an EIR/EIA study for a road project are included in Annex III of this document. These TOR are only indicative and will have to be adapted to suit the particular road project in question. In general, the terms of reference for a typical environmental impact review should contain: i) Background h7iformation The terms of reference should in its introduction provide background information pertinent to the road project. (The project brief could be made available as an appendix). ii) Objectives of the EIR The TOR should state the objectives of the study as being to determine the positive and negative impacts associated with and resulting from the road project, and to develop appropriate measures for ensuring mitigation whilst enhancing positive ones. iii) Scope of Work The scope of work for EIRs need not be very elaborate, but thev should indicate: * that the EIR should identify all negative and positive impacts resulting from the road project and/or its activities; . environmental and social issues of particular relevance to the road project that need to be given special attention by the EIR; that measures to mitigate negative impacts should be described; * that interventions to enhance positive impacts should be investigated; * the need to include the financial implications for mitigation and for enhancement of positive impacts.  41 iv) Output and Reportinig The output of the EIR is a report containing all the findings of the study. The number of copies of the report that should be submitted to the environmental unit in RAFU/Road Agency, the ELU and NEMA should be stipulated here. v) Team Composition This would relate to the critical issues as described in the project brief; but as an indication, the team may comprise a number of specialists from any of the following: - an environmentalist/EIA specialist - a socio-economist - a natural resource specialist - an agricultural scientist - a wetlands specialist - a farming systems expert - a biodiversity specialist - a wildlife management specialist - a hydrologist - an anthropologist - a soils specialist - an urban planner - a sociologist - etc The total personnel requirements to conduct the EIR would be in the range of 2.5 personmonths. again depending on the complexity of the anticipated impacts. vi) Time Frame The TOR should stipulate the number of days within which the EIR should be conducted - normally over a period of about 20 to 30 days. 5.3.3 Suggested Time Frame for Preparation of Terms of Reference for EIRs Assuming that most of the background information is contained in the project brief, the terms of reference for an EIR should take about 2-3 days to prepare. 5.4 Terms of Reference for Scoping The purpose of scoping is to determine the most critical issues that need to be addressed during an EIA study. 5.4.1 Responsibility for Preparing TORs for Scoping The terms of reference for the scoping exercise should be prepared by the environmental unit in RAFU/Road Agency in consultation with the ELU. For MOWHC projects, the ELU must prepare TORs for scoping. These TORs should be reviewed by NEMA.  42 5.4.2 Contents of TORs for Scoping The terms of reference for scoping should cover: i) Background Information The introduction should give background information pertinent to the road project. (Again, the project brief could be made available as an appendix). ii) Objectives of Scoping The objectives of scoping will be to determine the positive and negative impacts associated with and resulting from the road project, and to highlight those issues requiring detailed analysis which should be addressed by the full EIA study. iii) Scope of JVork The requirements of the scoping exercise are discussed in detail in Chapter 6. The scope of work comprises: e identifying all potential negative and positive impacts resulting from the road project and/or its activities; * prioritising environmental and social issues of particular relevance to the road project that need to be given special attention by the EIA study;