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For Agassa Gully Erosion Site, Okene Lga, Kogi State, Nigeria THE NIGERIA EROSION AND WATERSHED MANAGEMENT PROJECT (NEWMAP) Public Disclosure Authorized Public Disclosure Authorized FINAL REPORT Public Disclosure Authorized OF ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) FOR AGASSA GULLY EROSION SITE, OKENE LGA, KOGI STATE, NIGERIA OCTOBER, 2018 Public Disclosure Authorized Environmental and Social Management Plan (ESMP) for Agassa Gully Erosion site in Okene LGA, Kogi State TABLE OF CONTENTS Page Table of Contents 1 List of Tables 6 List of Figures 7 List of Plates 7 Executive Summary 8 Abbreviations 19 CHAPTER ONE: INTRODUCTION 1.1 Background 22 1.2 Description of the Proposed Intervention 23 1.3 Environmental and Social Safeguard Concerns 24 1.4 Purpose of the ESMP 25 1.5 Objectives of the ESMP 26 1.6 Rationale for the study 27 1.7 Scope of Work 28 1.8 Technical Approach and Methodology 29 1.9 Study Approach 30 1.10 Literature/Data Review 30 1.11 Baseline Data Acquisition Methods 30 CHAPTER TWO: INSTITUTIONAL AND LEGAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT 2.1 Introduction 36 2.2 National Regulatory Requirement 36 2.2.1 National Environmental Policy 36 2.2.2 National Environmental (Soil Erosion and Flood Control Regulations, 2001 by NESREA 36 2.2.3 Technical Guidelines on Soil Erosion, Flood and Coastal Zone Management 36 2.2.4 National Effluent Limitation Regulation 36 2.2.5 Pollution Abatement in Industries and Facilities Generating Wastes Regulation 37 2.2.6 Management of Hazardous and Solid Wastes Regulations 37 2.2.7 Environmental Impact Assessment Act 37 2.2.8 Land Use Act of 1978 37 2.2.9 Forestry Act of 1958 and National Agricultural Policy of 1988 38 2.2.10 Criminal Code 38 2.2.11 Inland Waterways Authority (NIWA) of1997 39 2.3 Legislative of Kogi State Ministry of Environment 39 2.4 International Guidelines 40 2.4.1 United Nations Convention on Climate Change 40 1 Environmental and Social Management Plan (ESMP) for Agassa Gully Erosion site in Okene LGA, Kogi State 2.4.2 Convention on Conservation of Migratory Species of Wild Animals 40 2.4.3 Vienna Convention for the Protection of the Ozone Layer 40 2.4.4 Montreal Protocol on Substances that Deplete the Ozone Layer 40 2.5 World Bank‘s Environmental and Social Guidelines 40 2.6 Comparing Nigeria EA and World Bank EA Guidelines 42 2.6.1 Comparing the Nigerian Environmental Laws and the World Bank Operational policies 43 2.7 Institutional Framework 45 CHAPTER THREE: DESCRIPTION OF THE BIOPHYSICAL ENVIRONMENT 3.1 Overview of Kogi State 47 3.2 Physical Environment of Kogi State 48 3.2.1 Hydrology and Geology 48 3.2.2 Mineral Resources 49 3.2.3 Soil 49 3.2.4 Social Environment 50 3.3 Overview of Okene LGA 51 3.4 Baseline Information 52 3.4.1 Weather and Climate 52 3.5 Biological Environment 54 3.5.1 Vegetation 54 3.5.2 Wildlife 56 3.5.3 Relief 57 3.5.4 Geology and Hydrogeology 57 3.6 Baseline Information on the Project Environment 58 3.6.1 Air Quality and Noise 58 3.6.2 Water Quality 61 3.6.3 Soil Study 63 CHAPTER FOUR: SOCIO-ECONOMIC CHARACTERISTICS AND CONSULTATION 4.1 Introduction 66 4.2 Methodology for the Socio-economic survey 66 4.3 Primary Data 67 4.4 The Affected community and persons of the Proposed Project Area 67 4.5 Traditional Governance 68 4.6 Demographic Characteristics of Sampled Households in the study area 69 4.6.1 Attitude of the Community to the Project 69 4.6.2 Population Estimation and Projection 69 4.6.3 Infrastructures and Facilities 69 4.6.4 Quality of life and available social Amenities 70 4.6.5 Desirability of the Project 72 4.6.6 Health Survey 72 2 Environmental and Social Management Plan (ESMP) for Agassa Gully Erosion site in Okene LGA, Kogi State 4.6.7 Livelihood (economic activities and revenues) Survey 73 4.7 Public Consultation 73 4.7.1 Stakeholders Consultation 74 4.7.2 Identification of Stakeholders 75 4.7.3 Community Consultations 76 4.7.4 Objective of Community Consultation 76 4.7.5 The Stakeholders Consulted and their Concerns 77 4.7.6 Summary of Meetings with Stakeholders 77 CHAPTER FIVE: ASSESSMENT OF POTENTIAL ADVERSE IMPACTS AND ANALYSIS OF ALTERNATIVES 5.1 Introduction 80 5.2 Impact Identification and Evaluation 80 5.2.1 Impact Identification 80 5.2.2 Impact Qualification 80 5.2.3 Impact Rating 81 5.3 Summary of Associated and Potential Impacts Determination 84 5.4 Mitigation Measures for Agassa Gully Erosion 101 5.4.1 Selection of Mitigation Measures 101 5.5 Risk and Danger Assessment/Management 102 5.5.1 Assessing risks at the start of a project 103 5.5.2 Assessing risks at the start of each phase 105 5.5.3 Managing the risks 107 5.6 Analysis of Alternatives 109 5.6.1 Project Alternatives and Options 109 5.6.2 No Project Alternative 109 5.6.3 Delayed Project Alternative 110 5.6.4 Do It Project Alternative 110 5.6.5 Technologies/Designs Option 111 CHAPTER SIX: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 6.1 Overview 112 6.2 Institutional Arrangement for ESMP and Monitoring Plan 112 6.2.1 ESMP Budget and Monitoring Plan . 113 6.3 Environmental and Social Management Monitoring Plan 145 6.3.1 Waste Management Plan 145 6.3.2 Recommended Measures for Waste Management 145 6.4 Emergency Response and Incidence Management 147 6.5 Recommended Measures for Chance Find/Cultural Heritage Management 147 6.6 Reasons for Failure in Gully Rehabilitation 148 6.6.1 Management of Rehabilitated Erosion Site 149 6.7 Grievance Redress mechanism 150 3 Environmental and Social Management Plan (ESMP) for Agassa Gully Erosion site in Okene LGA, Kogi State 6.8 Gender Based Violence 153 6.9 Worker influx and Child-labour management 157 6.10 Community Security, Health and Safety Management 159 6.11 Stakeholders Engagement Plan 160 6.12 Fundamentals of Stakeholder Engagement Approach 162 6.13 Social Investment Plan 163 6.14 Project Coordination and Implementation Arrangements 163 6.15 NEWMAP Institutional Arrangement 163 6.16 Roles and Responsibilities 165 6.17 Federal Level Institutions 165 6.17.1 Federal Ministry of Environment (FMEnv) 166 6.17.2 Department of Erosion, Flood and Costal Management 166 6.17.3 Federal Ministry of Water Resources (FMWR) 166 6.17.4 Nigerian Hydrological Services Agency (NIHSA) 167 6.17.5 Integrated Water Resources Commission 167 6.17.6 Federal Ministry of Works (FMW) 167 6.17.7 Federal Ministry of Agriculture and Rural Development (FMARD) 167 6.17.8 National Environmental Standards and Regulatory Enforcement Agency 167 6.18 State Level Institutions 169 6.18.1 Kogi State Environmental Protection Agency (KSEPA) 170 6.18.2 Kogi State Ministry of Agriculture 170 6.18.3 Kogi State Ministry of Works 170 6.18.4 Kogi State Ministry of Land and Survey 170 6.18.5 Kogi State Ministry of Information 170 6.18.6 Kogi State Ministry of Youth Development 170 6.18.7 Kogi State Ministry of Rural Development and Poverty Alleviation 171 6.18.8 State Project Management Unit (SPMU) 171 6.18.9 SPMU Safeguard Units 172 6.19 Local Government Level Institutions 174 6.19.1 Community Level and other Institutions 174 6.19.2 Community Based Organizations (CBO) 174 6.20 World Bank 174 6.21 Consultants, Contractors and Site Engineers 175 6.22 Safeguards Manual 175 6.23 ESMP and Monitoring Budget 175 6.24 ESMP Disclosures 175 CHAPTER SEVEN: RECOMMENDATIONS 7.1 Conclusion 176 7.2 Recommendation 176 4 Environmental and Social Management Plan (ESMP) for Agassa Gully Erosion site in Okene LGA, Kogi State REFERENCES 177 ANNEX ONE: Terms of Reference 179 TWO: Study Methodology 192 THREE: Household Questionnaire 211 FOUR: Waste Management Plan 215 FIVE: The World Bank‘s Approach to Grievance Redress in Projects 216 SIX: NEWMAP: Labor Influx And Gender Based Violence (GBV) 223 SEVEN: Minutes Of The Meeting With Agassa Community 228 EIGHT: List Of Attendance For Community Consultation 233 NINE: Summary of Triggered World Bank Environmental and Social Safeguard Policies 234 TEN: Gully Treatment Options 236 5 Environmental and Social Management Plan (ESMP) for Agassa Gully Erosion site in Okene LGA, Kogi State LIST OF TABLES Table 2.1: Triggered Safeguard Policies 42 Table 2.2: Comparison ofthe WorldBank OP4.01and the Nigerian Extant Laws 44 Table 3.1: Showing List of Solid Minerals in Okene LGA 51 Table 3.2: A summary of Plant Species found in the Study Area 55 Table 3.3: Wildlife species Identified around the Study Area 56 Table 3.4: Results of Air Quality and Noise Level along the Erosion Corridor in Agassa Community 60 Table 3.5: Physico-Chemical Analysis of Ground Water Sample form Agassa Community 62 Table 3.6: Physico-chemical analysis of the soil along the Erosion corridor 64 Table 3.7: Physico-chemical analysis of the soil along the Erosion corridor 65 Table 3.8: Microbiological Analysis of the soil along Erosion corridor 66 Table 4.1: Community meetings - dates, location and attendees 73 Table 5.1: Probability of Occurrence 82 Table 5.2: Consequences of Impact 82 Table 5.3: Risk Assessment Matrix 82 Table 5.4: Frequency rating Criteria 83 Table 5.5: Importance Criteria 83 Table 5.6: Perception Criteria 84 Table 5.7: Impact Value and Rating Colour Code 84 Table 5.8: Summary of Beneficial and Adverse Impacts 85 Table 5.9: Identified Potential Impacts and Rating - Pre Construction Phase 96 Table 5.10: Identified Potential Impacts and Rating - Construction Phase 97 Table 5.11: Identified Potential Impacts and their Ratings - Operational Phase 100 Table 5.12: Criteria for Selection of Control Measures for a Continuous Gully 102 Table 5.13: Risk Severity Prioritization table 106 Table 5.14: Identified Risk, Ratings and Response to Risk 106 Table 6.1: ESMP - Matrix 114 Table 6.2: Training and timeline 160 Table 6.3:
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