Luxembourg, 19 March 2007 European PJ/INFRA/200V-226/PMJ/M1 /to Investment Ban! Projects Diiectoratt Infrastructure Department

Contact Person: Maj Theander Operation nr. 2004-0117 Team Member: Paulo Mendes-Jorge ENVAG: Axel Hörhager Sector Code:' 63211100 Eligibility Code: 030400010200 & 01 0001 01 0000 & 030400020200

APPRAISAL REPORT

PLK FRAMEWORK LOAN - Sub-Project 5 Modernisation of the E30 railway line, section Wçgliniec-

POLAND

CC: VP Mr. Pilip DG PJ, PSD, Ops, CRD, JU, EV, RMC

Document name: 20040117 PJFINALN STAGE 2, subprojecf 5. Wegliniec-Legnica.doc t > k

Modernisation of the E 30 railway line on the section Wçgliniec - Legnica No 2001/PL/16/P/PT/013

- Summary in non-specialist language

— Decision of Minister of Environment from 10 August 2006 on environmental conditions of the consent for execution of the undertaking which consists of modernisation of the E 30 railway line, Legnica - Wçgliniec BIURO EKSPERTYZ l PROJEKTOW l m sp.zo.o. BUDOWNICTWA KOMUNIKACYJNEGO iekkom „EKKOM" Sp. z 0.0. ul. Wadowicka 8i 30-415 Krakow telefon/fax: (0*12) 267 23 33, 269 65 40 e-mail: [email protected] www.ek-kom.pl ENVIRONMENTAL IMPACT REPORT REGARDING THE PROJECT REFERRED TO AS:

Modernisation of the E-30 railway line of the Wçgliniec - Legnica section Summary in Plain Language

Prepared by: Janusz Bohatkiewicz PhD Eng Katarzyna Dziki MSc Izabela Gnatowicz MSc Eng Daniel Maranda MSc

Krakow, February 2006 Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 2001/PU16/PT/013 Stage - Application for Environmental Decision

TABLE OF CONTENTS

1. Subject Matter, Basis, Scope and Purpose of the Report 2 2. Description of the Planned Project 2 3. Expected Effects of the Modernised Railway Line 4 4. Description of environmental elements expected to be affected by the envisaged investment project 7 5. Description of the Options under Consideration 17 6. Estimation of the possibility of appearing of trans-boundary effects 17 7. Description of activities expected to be performed to prevent, limit or compensate any negative environmental effects and to asses the effectiveness of the proposed methods 17 8. Assessment of the necessity to establish restricted use zone with respect to the concerned investment project 21 9. Presentation of proposals regarding monitoring of the effects of the analysed investment project 21 10. Summary 22

BEiPBK:="EKKOM" - February 2006 - I - Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wcgliniec - Legnica section; Project no. 2001/PL/16/PT/013 Stage - Application for Environmental Decision

1. Subject Matter, Basis, Scope and Purpose of the Report

This environmental impact report deals with the project involving modernisation of the E-30 railway line's Wcgliniec - Legnica section.

Authority contracting the preparation of the environmental impact report: PKP Polskie Linie Kolejowe S.A. 03-734 Warszawa, ul. Targowa 74

The environmental impact report regarding the modernisation of the concerned railway line was prepared in accordance with the scope, requirements and provisions set out in the act dated 27th April 2001 - Environmental Protection Law (Journal of Laws No. 62, item 627 as amended).

The purpose of this environmental impact report is to determine the influence of the envisaged investment project on individual elements of the environment as well as safety and health of the people. Preparation of environmental impact report is an element of the environmental impact assessment proceedings, required to be conducted under the act on Environmental Protection Law. This report was prepared for purposes of the procedure aimed at issuance of decision on environmental conditions to be met to obtain permit to proceed with the project.

2. Description of the Planned Project

The E-30 railway line is an element of the network of international railway confections between the Western Europe and Russia, via Ukraine. This project involves development of area within the Wcgliniec - Legnica section of railway line (location presented on the map below), which is to be modernised to adapt its parameters to the requirements under international agreements to which is a signatory.

BEiPBK :="EKKOM" - February 2006 -2- Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section: Project no. 2001/PL/I6/PT/OI3 Stage - Application for Environmental Decision

Location of the analysed section of the E-30 Wçgliniec - Legnica railway line

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B Ei PB K :="EKKC)M" - Fehrnan 2006 -3- Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 2001/PL/16/PT/013

The envisaged modernisation is to be carried out stage by stage with works to be performed on the following sections: > Wçgliniec - Zebrzydowa > Stacja Zebrzydowa > Zebrzydowa - Bolestawiec > Bolestawiec - Tomaszow Bolestewiecki > Tomaszow Bolestawiecki - Okmiany > Okmiany - Chojnow > Stacja Chojnow > Chojnow - Mitkowice > Mitkowice - Legnica

The scopes of works to be performed at individual section of the line may slightly differ from one another, however generally it is envisaged that the entire length of the railway line will be adapted to higher train speeds (up to 160 km/h), which will require reconstruction of certain bends, and hence seizure of some land will be inevitable. The works to be performed will also include reconstruction and closures of railway crossings and roads, however access will be ensured via access roads. Logging of some trees will also be inevitable. As a result of the modernisation and increased train speeds, excessive levels of noise may appear at already developed areas (already the acoustic conditions are inappropriate). Hence it may be necessary to establish a restricted use zone, which will result in various use restriction being applied within the adjacent areas.

3. Expected Effects of the Modernised Railway Line

3.1. Emission of Air Pollutants

At the stage of construction the main factors that will influence the quality of the air include: > dust generated by the operating machinery and other devices performing earthworks, > Exhaust fumes generated by the machinery engines and transport vehicles.

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The above mentioned inconveniencies will be of temporary character and will prevail only as long as the construction works are being performed, it is therefore deemed that this stage will not cause any persistent negative changes in the quality of the air. As the railway line will be electrified, no significant air pollution expected to be present during the operation of the line. Secondary emission of dusts is expected to be the only source of air pollution. However no excessive concentration of any dusts in the air is expected.

3.2. Noise Pollution

During the works some inconvenient noise may be generated by the operation of heavy machinery and vehicles transporting large and heavy loads. Heavy construction equipment can generate noise exceeding the level of 90 dB (i.e. in areas close to such equipment). Vehicles transporting machinery and equipment as well as construction materials generate noise levels in excess of 80 dB. Therefore during the construction phase the level of noise may exceed the legally permitted values. This makes it necessary to complete the constriction works in as short a space of time as possible, particularly if any such works are carried out near residential areas. The noise generated during the course of the modernisation works will be of temporary character. At times it will change dynamically and cease instantly (i.e. it will disappear immediately after the completion of the works). Operation of the concerned railway line may cause excessive levels of noise within a distance of up to approximately 350 m away from the edge of the tracks (in 2020). Immediately after opening of the modernised railway line the range of noise will be smaller. Along the concerned railway line, residential housing developments (i.e. area protected against noise) appear within the range of noise only at places, where the line runs through towns and cities. Installation of noise protection equipment should significantly eliminate the threat of excessive noise pollution.

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3.3. Sewer Emissions

Works to be performed in relation to the envisaged investment project can exert some negative effects on the underground and surface waters. This is mainly to do with the possibility of: > changing of the water relations in the surroundings of the modernised railway line, including temporary lowering of the level of the ground waters, > contamination of waters with chemical substances (particularly including oil derived ones) that might leak out of various machinery - e.g. as a result of breakdowns, > contamination of waters by raw sewerage generated at the construction site. All of these threats may be effectively eliminated by applying suitable organisational solutions at the construction site. The threats to the quality of surface and underground waters that will appear during the operation of the modernised railway line will be of persisting (constant) character, and will result from the operation of the line, mainly including the following: > storm and thawing waters running of the railway tracks; > leakages from the roiling stock; > lose and liquid material spilled during transport - e.g. chemicals, fertilisers, agricultural produce etc.; > raw sewerage dumped from the passing trains There will also be threats if incidental character (e.g. serious emergencies). It can be assumed that the earlier type of threats will be small, however results of the latter one are hard to predict - the character of threat may depend on the scale and type the emergency as well as the type of substances transported (e.g. hazardous substances). Bearing in mind the fact that the envisaged modernisation is intended to e.g. improve the drainage system, one can comfortably say that the threat of contamination of the surface and underground waters will be decreased. Leaving the tracks and the track bed in their existing condition could pose a potentially greater thereat to the water and ground environment, mainly due to greater possibility of emergencies or breakdowns.

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3.4. Waste Management

During the project implementation phase, waste will be generated by the following works: s demolition of the existing engineering facilities - including both railway as well as road infrastructure, ^ earthworks, S instillation of rail tracks, s logging of trees and cutting out of shrubs. According to the catalogue of waste, the waste during the project implementation phase will be allocated to group 17 - construction site waste and waste generated by renovation and demolition of building facilities. During the operation of the line significant quantities of waste are unlikely to be generated.

4. Description of environmental elements expected to be affected by the envisaged investment project

4.1. Soils

Soil wise the western part of the analysed area is dominated by podsolic soils, formed on loose and hardly clayey sands. Towards the east the podsolic soils gradually become grey brown podsolic soils formed form glacial formations (light and medium weight clayey sands and light clays) as well as brown and black soils. In the area of Goliszowo and Jezierzany larger complexes of black soil can be found. In the valleys of the Czerna Mata, Wykrotnica and Lubiatowka rivers complexes of muck and boggy soils as well as alluvial muck soils can be found. In the valleys of the Bobr, , Brenna and Bobrzyca rivers alluvial soils had formed, with domination of light (sandy) and medium weight ones. In the valley of the Kruszynka river alluvial-muck and bog soils as well as black soils can be found. Quality wise soils in this are re classified as grade 3 and 4.

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4.2. Surface Waters

The entire section of the analysed railway line is located in the basin of the River - i.e. its right bank tributary of Bobr. In the area of the railway line, along the Wcgliniec - Zebrzydowa section, there are some surface reservoirs located near old pits or in local land holes, used for recreational purposes. At places due to the shallow underground location of ground waters, particularly between the reception basin of the Kwisa and Czerna Wielka rivers, there are numerous marshy lands and peat bogs. In the area of the town of Zebrzydowa the railway line cuts across the Kwisa River (right tributary of the Bobr River). Based on tests conducted in 2004, the quality of water in this river was checked; at 5 checkpoints the quality was assessed to be of Grade 4 - i.e. unsatisfactory and at 2 checkpoints it was Grade 3 - i.e. satisfactory. In the town of Bolestawiec the railway line cuts across the Bobr River. The valley of this river is characterised by its flat bed, and has a well developed system of benches. The part of the river flowing through the town had been engineered, while the bed of the valley had been largely transformed at places, due to gravel mining. The northern and western part of the town included a cluster of flooded pits. Within the city limits the Bobr River is characterised by leisurely current and significant flow values. In 2004 the entire section of the Bobr River running through the Dolnoslqskie Voivodeship was monitored as a part of diagnostic monitoring conducted by WIOS. The main sources of the Bobr River's pollution include raw and industrial sewerage from the municipal centres of: Kamienna Gora, Jelenia Gora and Bolestawiec as well as from the rural areas of: Kamienna Gora, Marciszowo, Janowice Wielkie, Jezowo Sudeckie and Bolestawiec. In the area of Bolestawiec the water has been classified as grade 4 (unsatisfactory) due to the large quantity of Co// bacteria. In the area of Tomaszow Bolestawiecki the railway line cuts across the Bobrzyca River ("Maty Bobr"). The Bobrzyca River is a right bank tributary of the Bobr River. Assessment of the quality of water at its estuary showed excessive bacteriological pollution.

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In the area of the town of Chojnow the concerned railway line cuts across the tributary of Kaczawa - . In 2004 the the Skora river was checked at three points, with the Quality of its water on the entire tested section assessed as grade 3. In Legnica, the Kaczawa River runs a dozen or so metres from the railway station.

4.3. Underground Waters

Generally in the concerned area there are three water-bearing levels, although at certain places there is no usable water level. Due to the poor degree of insulation of these levels, and at places a total lack of any insulation whatsoever, water drawn from the local wells may become contaminated by pollutants emitted together with the sewer from the peat bog.

4.4. Acoustic Conditions

No measurements of noise forming a part of the State Environmental Monitoring were conducted within the analysed area. Due to seasonal factors it was also impossible to hold noise measurements. Therefore the quality of the acoustic condition prevailing in the areas was estimated based on t he forecasts prepared between 2000 and 2004.

Excessive noise levels were detected at the railway line's sections running through developed areas of town and cities. The table below sets out the currently existing conflicts related to the excessive noise levels.

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Table 4.1 Conflicts related to the acoustic effects (current) Distance of Equivalent No. Specification the first line of Noise Level Comments buildings [dB] Section of Wçgliniec - Bolestawiec 1 Kierzno 30 - 60 m 63,4 - 66,6 Both sides Conflict possible 2 Dobra 25 - 50 m 63,4 - 66,6 Both sides Conflict possible 3 Bolestawiec, ul. 50 - 80 m 63,4 - 66,6 Northern side of the railway line Ceramiczna Conflict possible Section of Bolestawiec - Tomaszow Bolestawiecki 4 Bolestawiec 30 -100 m 62,7 - 68,2 Especially Endangered Area Large development of single ι. family houses exposed to noise pollution generated by trains driven on a high embankment 5 Bolestawiec Conflict possible

6 Krasnik Gorny Conflict possible

Section of Tomaszow Bolestawiecki - Chojnow 7 Tomaszow 40 - 70 m 63,6-60,3 Conflict possible Bolestawiecki 8 Szczytnica 30 - 60 m 63,6 - 60,3 Conflict possible 9 Wilczy Las 40 - 50 m , 63,6 - 60,3 Conflict possible Section of Chojnow - Mitkowice 10 Chojnow 50m 58,8 - 68,2 Several buildings in the surroundings of railway line and station (including sporting facilities) 11 Chojnow 30 -150 m Especially Endangered Area Large development of single family houses exposed to noise pollution generated by trains driven on a high embankment. Housing development located between two railway lines. 12 Siedliska 20 - 40 m Conflict possible Section of Mitkowice - Legnica 13 Mitkowice 60m Conflict possible 14 Mitkowice 20 - 30 m Conflict possible 15 Jezierzany 20 -50 m 71,2-76,1 Conflict possible 16 Legnica 20 - 40 m 57,0 - 68,2 Especially Endangered Area Multi family housing development surrounding railway station and line located on a high embankment 17 Legnica 30 -170 m 57,0 - 68,2 Especially Endangered Area Large development of single family houses exposed to noise pollution generated by trains driven on a high embankment. The next table sets out analogical conflicts expected in 2020.

BEIPBK „EKKOM" - February 2006 -JO- Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 2001/PL/16/PT/013

Table 4.2 Conflicts related to the acoustic effects (2020) Distance of Equivalent No. Specification the first line of Noise Level Comments buildings [dB] Section of Wçgliniec - Bolestawiec 1 Kierzno 30 - 60 m 83,2 - 80,9 Both sides Conflict possible

2 Dobra 25 - 50 m 83,2-80,9 Both sides Conflict possible 3 Bolestawiec, ul. 50 - 80 m 83,2 - 80,9 Northern side of the railway line Ceramiczna Conflict possible Section of Bolestawiec - Tomaszow Bolestawiecki 4 Bolestawiec 30 -100 m 62,7 - 68,2 Especially Endangered Area Large development of single family houses exposed to noise pollution generated by trains driven on a high embankment 5 Bolestawiec Conflict possible 6 Krasnik Gorny Conflict possible Section of Tomaszow Bolestawiecki - Chojnow

7 Tomaszow 40 - 70 m 80,6 - 83,8 Conflict possible Bolestawiecki 8 Szczytnica · 30 - 60 m 80,6 - 83,8 Conflict possible 9 Wilczy Las 40 - 50 m 80,6 - 83,8 Conflict possible Section of Chojnow - Mitkowice 10 Chojnow 50m 68,3 Several buildings in the surroundings of railway line and station (including sporting facilities) 11 Chojnow 30 -150 m 58,8 - 68,2 Especially Endangered Area Large development of single family houses exposed to noise pollution generated by trains driven on a high embankment. Housing development located between two railway lines. 12 Siedliska 20 - 40 m Conflict possible

Section of Mitkowice - Legnica 13 Mitkowice 60m Conflict possible

14 Mitkowice 20 - 30 m Conflict possible 15 Jezierzany 20 - 50 m Conflict possible Distance of Equivalent No. Specification the first line of Noise Level Comments buildings [dB] 16 Legnica 20 - 40 m 71,2-76,1 Especially Endangered Area Multi family housing development surrounding

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railway station and line located on a high embankment City Centre 17 Legnica 30 -170 m 57,0 - 68,2 Especially Endangered Area Large development of single family houses exposed to noise pollution generated by trains driven on a high embankment.

The above forecasts were prepared based on the assumption that the emission of noise will be comparable to the current one. However one needs to bear in mind that: > increase in train speeds will result in deterioration of the acoustic conditions, > increase in the intensity of the railway traffic is likely to increase the level of noise in close proximity of the railway line, > the intended modernisation (modernisation) of the rail tracks should decrease noise emissions by at least 4 dB, > modernisation of the rolling stock i.e. virtually replacement of the rolling stock with one more up to date should ring some positive effects (lower noise emissions). Bearing in mind the above mentioned factors one can conclude that the envisaged modernisation of the railway line is likely to reduce the excessive noise levels by at least 50%.

4.5. Wildlife

A vast part of this area is occupied by forest complexes. These include the following forests: wet, fresh, mixed fresh and mixed wet. South of Nowogrodziec fresh mixed forests can be found. The forest complexes are dominated by ordinary pines. In wet forests common white birch can be found, while the undergrowth is dominated by blue moor grass, bog bil-berry and common haircap moss. Mixed fresh forests are mainly dominated by the ordinary pine. At places common birch can be found. In these complexes the layer of shrubs is poorly developed, and comprises of brushwood and birch. There are tow species of berries that can be found in the undergrowth: these include blackberry and cowberry, ordinary heather, deschampsia flexuosa and bracken.

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In mixed fresh forests the stand comprises mainly of common and sessile oak, small-leaved lime, ordinary hornbeam and some Norway spruce. The well developed layer of shrubs comprises of two species of crataegus oxyacantha and comon hawthorn, blackthorn, European spindle and several species of rose. The undergrowth comprises of melampyrum nemorosum, athyrium japonicum, scotch mist, festuca heterophylla, Dactylis aschersoniana and Stellaria holostea In forests high peat bogs can be found. Moor grass The local grasslands take shape of marshy meadows with the following types of growth: moor grass, tufted hair-grass, and angelica sylvestris, two specious of rushes, four species of cirsium, meadowsweet, ragged Robin and lotus uliginosus. Complexes of filed weeds are characteristic to submontane and mountainous areas. Here the dominant species include: galeopsis tetrahit, Lapsana communis, common chickweed, Galium aparine,

Erythraea centaurium cirsium arvense , chenopodium album and Fallopia convolvulus. In the area if the concerned railway line many protected plant species can be found, including several subject to absolute protection: vinca minor, hedera helix,

BEI PB Κ ..ΕΚΚΟΜ" - February 2006 Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wcgliniec - Legnica section; Project no. 2001/PL/16/PT/013

Atropa bella-donna, lycopodium clavatum and several partially protected species, including convallaria, frangula alnus, erythraea centaurium, helichrysum arenarium, wild ginger and woodruff.

This area is also a habitat to a number of animal species. Rare species of protected animals include: shrews, hedgehogs, moles, squares, water shrew, lesser white-toothed shrews, otters and weasels. As far as birds are concerned, several breeding species have been found, including three of them - i.e. common merganser, black Kite and Eurasian hobby regarded to be potentially endangered species in . There are relatively few amphibians, reptiles or bats, which generally lack suitable living and breeding habitats.

4.6. Protected Areas

Between Wçgliniec and Nowa Wies the analysed railway line runs on the verge of potential Natura 2000 areas - i.e. Puszcza Zgorzelecko - Osiecznicka (habitat area) and Bory Dolnosla^skie (bird area). In the area of Nowa Wies the railway line runs south of Puszcza Zgorzelecko - Osiecznicka, however it cuts into Bory Dolnosl^skie. The entire area of Puszcza Zgorzelecko - Osiecznicka is one of the largest forest complexes located on the European Lowland. It occupies the north-west part of Dolnosla^skie Voivideship, encompassing the following gminas Wcgliniec, Osiecznica and Bolestewiec. Its area within the Dolnosla^skie Voivodeship amounts to 55 836 hectares, while its total area including the part located in Lubuskie Voivodeship, amounts to 91 066 hectares. The area of Bory Dolnosla^skie encompasses the following gminas: Wcgliniec, Osiecznica, Bolestewiec, Gromadka, Chocianow, as well as Nowogrodziec, Chojnow and Przemkow. Its area in Dolnoslqskie Voivodeship amounts to 103 000 hectares. It is a wide spread forest complex, with forests occupying 3A of its total area. At the same time it is also the largest dense forest complex in the western part of Poland. For numerous species of birds, important elements of the natural environment include fishponds and wetlands.

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4.7. Monuments

No facilities recorded in the register of monuments can be found anywhere along the modernised railway line. However there are numerous monuments of technology registered as valuable cultural assets, including large cubature facilities - e.g. the railway stations in Wçgliniec, Bolestewiec and Chojnowo together with the existing historical technical infrastructure, and other smaller railway stations (for instance the railway station in Zebrzydowa), as well as numerous stone and steel viaducts built prior to 1945.

4.8. Land Development

In the town of Wçgliniec the railway line runs through industrial areas, however as soon as the line leaves the town it enters forest areas and cuts across the Valley of the Ziçbina River. One passenger stop - i.e. Zagajnik is located within the forest complex. The building developments of the town of are located far from the railway line, behind a dense forest complex. The forest complex runs on the both sides of t eh railway line - right to the place, where the railway line cuts across the wide valley of the Wykrotnica River. At this place, on the southern side of the railway line, and within the area of the wide valley there are some open areas and wastelands, separated from the line by a strip of woods. Then the railway line runs through forest areas - right to the town of Zebrzydowa. Building developments of the Town of Zebrzydowa are at places quite close to the railway line, however these buildings mainly include warehousing and storage facilities. Once out of the town, the line passes the valley of the Kwisa River. Between Zebrzydowa and the town of Dobra the railway line ruins through forest areas. The building developments of the town of Dobra are at places quite close to the railway line. Once out of the town of Dobra the line runs through open arable lands, and just before the town of Bolestewiec the line cuts across t eh valley of the Bobr River, and then it runs through developed areas of Bolestewiec, both before and past the station. The section of the railway line which runs through

BEI PB Κ,, ΕΚΚΟΜ " - February 2006 -15- Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 2001/PL/16/PT/013 developed areas is located in a high embankment, whose slopes are covered by various vegetation. Between the towns of Bolestawiec - Tomaszow Bolestewiecki - Wilczy Las - Krzywa - Chojnow the line runs through arable land. In the town of residential areas are located in close proximity of the line. On the entire section of its run the railway line cuts across numerous unnamed watercourses. The concerned railway line also runs thorough the centre of the town of Chojnow. Just past the limits of the town, it cuts across the valley of the Skora River. Out of Chojnow the line once again runs through arable land, which extends right to Legnica. On the way passes by some dispersed building developments of Mitkowice and Jezierzany, and then it enters the densely developed areas of city of Legnica.

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5. Description of the Options under Consideration

The Wçgliniec - Legnica section of the railway line route has no suitable drainage system. Only at some places along the railway line there are un-reinforced ditches, which can be found mostly near the stations. Along the track and at the stations there are no devices securing the natural environment against pollution that is generated as a result of the operation of the concerned railway line. Along the railway line there are no devices protecting the surrounding areas against excessive noise levels, all in spite of the fact that there are serious inconveniencies related to excessive noise at places where the line runs through developed areas. The technical condition of bridges and passages often indicates that they require thorough reconstruction and upgrading. If the investment project does not proceed the railway line will be left in unchanged condition - with no environmental protection devices whatsoever. Due to the nature of the investment project - i.e. modernisation of the existing railway line - no other options were considered.

6. Estimation of the possibility of appearing of trans-boundary effects

As the analysed section of the E-30 railway line is located far from the state border, no trans-boundary effects are expected (in Germany).

7. Description of activities expected to be performed to prevent, limit or compensate any negative environmental effects and to asses the effectiveness of the proposed methods

7.1. Protection of surface and underground waters

The envisaged reconstruction of the railway line will require quite significant interference with the water relations prevailing in the vicinity of the analysed railway line. Therefore the constriction works will have to be carried out in such way as to

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prevent disruption of the natural conditions of water runoff. Hence it will be necessary to avoid: > removing of the upper layer of the soil, down to the sub-surface water-bearing level, > leaving of open excavations, which could become temporary reservoirs for storm and thawing waters, which could directly infiltrate into the underground waters, > storing of excavated soil, rubble or waste on the way of running waters, which could result in washing pollutants out of the piles or holding up of water, thus creating boggy patches of land, Equipment used to perform the construction works must be in good condition, as this will significantly reduce the possibility of uncontrolled spillage of fuels or lubricants into the soil and water environment. Application of the proposed drainage system will undoubtedly facilitate proper drainage of storm and thawing waters. However this is insufficient to properly protect the environment against pollutants contained in sewer. Therefore it is recommended that all outlets of the system be equipped with sediment devices with U-bent outflow. This should significantly reduce the likelihood of serious emergencies that could cause contamination of surface and/or underground waters.

7.2. Protection of the acoustic conditions

Due to the level of noise significantly exceeding the maximum allowable levels, works in residential areas will have to be performed only during the day (between 6:00 AM and 10:00 PM). It is recommended that no works in residential areas be conducted at night (as the maximum level of noise allowable at night is 10 dB lower than that during the day). The construction site's back up facilities should be located as far away as possible from residential building as possible - this is to do with the spreading of sound in open areas. Passages of heavy vehicles or machinery through residential areas should be kept to the absolute minimum. The works should be completed in as short a space of time as possible. To minimise the inconvenience caused by noise pollution during the course of the operation of the line the following measures are planned to be taken:

BEIPBK „EKKOM" - February 2006 ~ 18 - Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 2001/PL/16/PT/013

Table 7.1 Initial proposals regarding noise protection measures Distance Equivalent Proposed means of the first No. Location noise level Comments of protection line of [dB] buildings 1 Kierzno replacement of 50 - 80 m 84,2 - 80,9 Both sides windows 2 Dobra earth 20 - 50 m 84,2 - 80,9 Both sides embankment replacement of windows 3 Bolestawiec, ul. Ceramiczna replacement of 50 - 80 m 84,2 - 80,9 Northern side windows 4 Bolestawiec replacement of windows 5 Kornik Gorny replacement of windows 6 Tomaszow Bolestawiecki replacement of 40 - 70 m windows 7 Szczytnica replacement of 30 - 60 m windows 8 Wilczy Las replacement of 40 - 50 m windows 9 Chojnow replacement of windows 10 Chojnow baffle board on 600 m χ 2,5 m the embankment 11 Siedliska baffle board 250m x3,7m 12 Mitkowice baffle board north of the station 450 m χ 4,0 m 13 Milkowice baffle board south of the station 650 m χ 4,0 m 14 Jeziorzany replacement of windows 15 Legnica baffle board southern side 410m x3,5m 16 Legnica baffle board Northern side 280 m χ 3,5 m

Due to the fact that the forecast are not necessarily reliable (lack of any information on the types of rolling stock to be used on the concerned railway line) the proposed measures are of initial (estimation) character, and therefore must be verified by performing of post completion analysis.

7.3. Protection of the air

BEIPBK „EKKOM" - February 2006 -19- Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 200J/PL/16/PT/013

During the operation of the railway line, the only source of air pollution will include the so called secondary dust emissions. It can be effectively reduced by planting of cover plants on the slopes of embankments as well as insulation plants in the vicinity of the tracks. Such plants should include only native species characteristic to the concerned area.

7.4. Protection of wildlife

Implementation of the envisaged investment project will require logging of trees and cutting out of some bushes and shrubs - which ought to be done between 16th October and the end of February. When conducting works near the roots of trees or shrubs that will not be logged or cut out they ought to be protected against being damaged, also no materials that could adversely affect the roots (e.g. cement, lime, oils, impregnation media etc.) should be stored anywhere near the roots. All bridges that will be reconstructed or modernised should allow for unrestricted migration of animals. Places of water passage should be equipped with shelves suitable for passage by small animals. In the vicinity of animal migration corridors, it is recommended that scare sounds be used. Proposals of protective measures to be taken with respect to Natura 2000 are described in Appendix to the Environmental Impact Report.

7.5. Protection of monuments

Reconstruction of station and passenger stop buildings as well as stone and steel bridges built prior to 1945 (registered in the catalogue or register of monuments), should be conducted in consultation with the Voivodeship Restorer of Monuments.

BEIPBK „EKKOM" - February 2006 -20- Environmental impact Report Regarding Modernisation of the E-30 railway line on the Wcgliniec - Legnica section; Project no. 2001/PL/16/PT/013

8. Assessment of the necessity to establish restricted use zone with respect to the concerned investment project

Pursuant to the provision set out in the act on Environmental Protection Law, if the environmental impact assessment procedures, post completion analysis or ecological review suggest that despite the application of the available technical, technological and organisational solutions, the required environmental quality standards cannot be kept, restricted use zones are established in areas outside of the transport route. Restricted use zones for projects involving modernisation of railway lines may be established by relevant Voivode by way of issuing a suitable ordinance. At this stage due to the fact that the noise pollution forecast are highly unreliable, it is impossible to determine whether or not will it be necessary to establish any restricted use zones. Nevertheless such a possibility does exist, ad it should be examined at the stage of post completion analysis. If excessive noise levels are present despite the application of the available technical, technological and organisational means of protection, it may be necessary to establish a restricted use zone based on results of post completion analysis.

9. Presentation of proposals regarding monitoring of the effects of the analysed investment project

Due to the high degree of unreliability of the noise level forecasts, once the project has been completed, it will be necessary to perform a post completion analysis. This analysis will aim to: ^ assess the effectiveness of the means of protection applied at Especially Endangered Areas; s verification of the so called possible conflicts, so as to determine the possibility of real life emergencies; ^ proposing additional measures to protect residential areas against excessive levels of noise - at places where its is necessary;

BEIPBK „ EKKOM" - February 2006 -21 - Environmental Impact Report Regarding Modernisation of the E-30 railway line on the Wçgliniec - Legnica section; Project no. 2001/PL/16/PT/O13

^ possible establishment of restricted use zone, provided that it proves impossible to effectively protects residential areas against excessive noise by applying technical and technological measures. Due to the above listed goals to be achieved by a post completion analysis, it is recommended that noise measurements be conducted on facades of buildings exposed to noise. Measurements ought to be performed at each indicated section within 6 months since the completion of the modernisation.

10. Summary

The E-30 railway line is an element of the international transport network between the Western Europe and Russia via Ukraine. The project refers to area development on the Wcgliniec - Legnica section, which is to be modernised to adapt the railway line's parameters to the requirements under international agreements, to which Poland is a signatory: i.e. AGC (European Agreement on Main International Railway Linea) and AGTC (European Agreement on Important International Combined Transport Lines and Related Installations). Therefore modernisation of this railway line is absolutely necessary. As this modernisation is intended to improve the drainage system, which is likely allow for better securing of the underground waters (drawn from wells) and provide sound protection devices, which at the moment are in place, it must be concluded that not only will the modernisation not cause any deterioration in the quality of people's life, but it will improve them. On the other hand this modernisation is likely to contribute to deterioration in the living conditions of species protected within the Natura 2000 areas. However application of the security devices and environmental compensation measures proposed in the environmental impact report is likely to reduce any negative effects of the investment project on the condition of habitats and species protected within the Natura 2000 areas.

BEIPBK „EKKOM" - February 2006 - 22 - Certified translation from the

Document executed on 9 pages stapled together.

Warsaw, 10th August 2006 Handwritten inscription: Received (-) illegible signature 10th August 2006

The national emblem of Poland THE MINISTER OF ENVIRONMENT

DOOS-6k/3471/2006

DECISION

Pursuant to art. 106 § 5 Kpa (the Code of Administrative Proceedings) and art. 48 item 2 point 2 of the act dated 27th April 2001 - Environmental protection law (Journal of Laws of 2001 no. 62, item 627 with later amendments), with respect to the pending administrative proceedings on issuing the decision on environmental conditions for the consent for execution of the undertaking which consists of reconstruction of the E-30 railway line, Legnica - Wçgliniec section.

I agree upon the undertaking and set forth the following conditions:

I. During the execution phase of the undertaking, one should: 1. locate the construction site and its back-up facilities (technical bases and material storehouses) so as to provide proper storage of construction materials, taking into account the principle of minimum territory occupation and surface transformation, and upon completion of works, perform recultivation works, whereby the construction back- up area should be placed at the minimum distance of 100 meters from watercourses, peat lands and areas of protected habitats, at the largest possible distance from residential buildings. 2. curb marking out new provisional roads and supply of materials by roads leading through the forest on the north, in favour of railway transport or the existing road system in the south, or possibly in favour of road transport along railway lines, on areas bordering on or cutting across the potential Natura 2000 land, 3. on areas bordering on or cutting across the potential Natura 2000 land, locate technical roads only south of the track in order to prevent destruction of valuable habitats, concentrated north of the railway track, and to avoid dispersal of birds nesting there 4. provide reusage for the top, humus layer, which is removed during works, e.g. for reinforcement of scarps and ditches and for recultivation, 5. to secure surface water from covering up during works performed in the proximity of watercourses, and also from impurities rinsed out from materials used for construction, as well as from effluents from machines and cars used for construction and from domestic sewage, by equipping the construction back^^TaS^î^and the machine park with facilities and devices for sewage managemer 6. minimize the possibility to change water conditic)^s(ahd to^crflute |ib^undwater, 7. provide proper work system which would reduce the possibility of uncontrolled vehicle traffic or collisions, 8. provide proper waste management, that is minimize the amount of generated waste, store it selectively in separated and adjusted places, in conditions which prevent harmful substance from permeating the environment, and provide their efficient collection or reusage. 9. construction works in the proximity of residential buildings should be conducted in the shortest possible time, during the day only (between 6.00 a.m. and 10.00 p.m.), 10. on areas bordering on or cutting across the potential Natura 2000 sites, perform works related to interference in river channels, especially in case of the Czerna Wielka river, in the period between July and August (on account of the migration and breeding seasons of the most valuable fish and lamprey species), whereby one should avoid interference with heavy equipment in river beds and the regulation of river banks in the proximity of bridges and contractions of hydraulic cross-sections of watercourses to the extent which may cause considerable increase of the flow velocity, 11. set such a deadline for work performance that on areas proposed to be included in the Natura 2000 network, works are not performed from the beginning of April until the end of July, except works in river channels and except works performed using exclusively railway for equipment and material transport, without penetrating the potential Natura 2000 sites, 12. perform tree and shrub clearance outside the period between March and September on account of bird breeding season, 13. limit tree and shrub clearance to the indispensable minimum, not cutting the trees of diameter exceeding 50 cm, apart from trees which directly endanger passenger and rolling stock safety, 14. secure trees not subject to clearance, which are within the working area, against damage resulting from the carried out works (e.g. protect tree trunks with mats or planking, avoid root systems when working with heavy equipment, store chemical materials and soil degradation chemicals outside of the root system), 15. plant protective greenery on embankment scarps and isolation greenery to ensure protection of air quality and provide appropriate cultivation conditions, using for plantings only native and characteristic for the specific territory and habitat species, taking into account technical conditions, recommendations related to landscape architecture and safety requirements.

II. The following nature compensation measures should be applied: 1. in suitable habitats in the proximity of the reconstructed railway line, or in other places .within the refuge "Bory Dolnoslajskie", put up breeding boxes (at least 40), intended for Tengmalm's owl and pygmy owl as compensation for depletion and deterioration of habitat conditions of the above mentioned species populations, 2. perform renaturalization consisting in remeandring and recreation of conditions in which communities of water buttercaps, and such species as: green club-tailed dragonfly, brook lamprey, thunderfish, kingfisher, live, at a distance of approximately 1 km of sewered Czerna Mala river course or on the suitable section of another similar-in- nature watercourse, within the refuge Puszcza Zgorzelecko-Osiecznicka (Zgorzelec- Osiecznica Forest), after agreeing it with the appropriate forest inspectorate, 3. undertake actions to improve habitat conditions, on the area of minimum 10 ha, by constructing 10 wooden dammings which rise water level by about 0.5 - 0.7 meters in drainage ditches, located on State Forest lands, in the pœflfontt^O^the line or in other places within the refuge "Bory Dolnosla^skie" and "Pi$zc£a Zgorzei^ko-Osiecznicka" so as to compensate surface losses and reduction in the quality of habitats depending on water (in particular marshy coniferous forest, transitional moor and crane dwelling places), 4. mow, after agreeing it with the appropriate forest inspectorate, the area within the refuge "Bory Dolnosla^skie" of the total open ground of 20 ha: clearings, meadows, heath lands, so as to create good habitat conditions for capercaillie and black grouse populations, 5. build within the boundaries of "Bory Dolnosla_skie" refuge at least 5 artificial nests (platforms) for white-tailed eagles, eagle owls, black storks, so as to compensate reduction in the quality of habitat conditions of the above species populations.

III. The construction design should include: 1. design the dewatering and drainage and precipitation water discharge system for the route and railway stations, taking into consideration underground and surface water. Equipment for protection of water collectors should be planned by installing sedimentation tanks, with a siphoned runoff, or other precipitation water treatment devices with the possibility to stop petroleum dérivâtes (in particular to prevent discharge of pollutants into the rivers Czerna Wielka and Kwisa) in trackside ditches, in front of outlets to the collectors. The construction of devices for precipitation sewage seizing, treatment and disposal should be also planned in case there is no layer separating underground water from water draining from the surface. 2. at transshipment stations, in places planned for transshipment of possibly hazardous substances for soil-water environment, track substructures should be leak proofed, 3. provide the drainage system of the railway line with solutions preventing amphibians and other small animals from entering the dewatering system of the railway line, without the possibility to exit it, or solutions which would allow the animals to leave these systems (for example by installing a net with net-meshes of appropriate size, filling the ditches with aggregate etc.), 4. in places of confirmed animal migration, locate passages with suitable, adjusted to migrating species, technical parameters, including: a) adaptation of new and reconstructed water culverts, with an appropriate culvert diameter (at least 1.5 m) and equipping it with shelves situated over water level, b) adaptation of the railway bridge over the Czerna Wielka river for animal migration by providing or leaving a shelf, at least 4 meter wide and approximately 0.5 m above the maximum water level in the watercourse and at the same time at least 2 meters under the bridge vault, on one of the banks, 5. in case of other bridges and culverts, maintain at least previous parameters, which allow animals to migrate freely, 6. in migration places of big mammals, beside adapted passages, prepare installation and usage of sonic animal repellers.

IV. During the operation phase of the undertaking, on line sections crossing watercourses (100 meters on each side of a bridge or culvert), herbicides should be applied in a limited manner in favour of mowing or manual deplanting.

V. Within the framework of the undertaking, it is necessary to perform a post- completion analysis which would cover: a) acoustic protection of areas subject to protection aj b) water environment protection, " '"' · -.·«. «, v '•A\\ c) inspection of performance and effectiveness of the applied nature compensation measures and solutions aimed to minimize the barrier effect for migrating animals created by the railway line, particularly with respect to migration of big mammals. The post-completion analysis should be performed after expiry of one year of the day the facility is handed over for usage and its results should be presented within 18 months of the day the facility is handed over for usage.

Justification

On 15th March 2006 Mr Artur Flach from Biuro Ekspertyz i Projektow Budownictwa Komunikacyjnego (Assessment and Transportation Engineering Design Office) EKKOM from Cracow, acting pursuant to the power of attorney granted by PKP Polskie Linie Kolejowe S.A from Warsaw, filed an application for issuing a decision on environmental conditions of the consent for execution of the undertaking which consists of adaptation and reconstruction of the E-30 railway line to international requirements, Legnica-Wçgliniec section. Thereafter, the Manager of the Environment and Agriculture Department of the Dolnosla^skie Provincial Office in Wroclaw submitted the letter dated 6th March 2006 to the Minister of Environment to agree the planned undertaking, according to art. 48 item 2 point 2 of the act - Environmental protection law (reference number: SR.III.6613-5/10-1/AK/06). In the course of proceedings, with the purpose of issuing a decision of the Minister of Environment on setting forth environmental conditions for execution of the said undertaking, the following documents have been studied: 1. the application for issuing a decision on environmental conditions of the consent for execution of the undertaking, 2. the report on environmental impact of the undertaking together with the appendix regarding the influence on the potential Natura 2000 sites, 3. extracts and outlines from local physical development plans.

The objective of the planned undertaking is to modernise the E-30 section of the railway line, 71.9 km long, Wçgliniec-Legnica section, including adjustment to the requirements specified in international agreements. After reconstruction, it will be possible for passenger trains to use the line at the velocity of up to 160 km/h and for freight trains at the velocity of up to 120 km/h. Currently, it is an electrified double-track main line. On account of technical condition of track substructures and of engineering facilities located on the route, they need to be reconstructed. The investment covers works related to reconstruction of track structures, reinforcement of subgrades, dewatering of the track system. On some sections, the radii of arcs and transition curves should be corrected and the track geometry system on routes and stations should be changed. The environmental impact report has analysed three options of the undertaking. Option 0, which consisted of performing no works, option 0+, which consisted of recreating the original line properties, and option 1 consisting of reconstruction according to the provided documentation that is reconstruction of tracks and correction of arcs. hi comparison to options 0 or 0+, option 1 will exert stronger impact on environment b*ut this influence can be minimized or compensated. Simultaneously, its execution will finally contribute to greater environment protection (water protection, coverage and level reduction of emitted noise and pollution) and traffic safety. Apart from permanent landscape transformation, involved in the undertaking, additional area occupation related to back-up facilities, performance facj!JOesps$prage places for excavated earth and elements of disassembled objects, and remopi^d.greenery^may occur. Since it may take place outside the railway line area, construction/grtil' and jts backup facilities, bearing in mind the principle of minimum area occupation and surface transformation, should be organized. Proper organization and appropriate deadlines for performed works should be provided, which would limit the negative environmental influence of the works. Upon completion of works, it is necessary to proceed with recultivation of the construction site and its back-up facilities. Construction works on areas subject to acoustic protection should be conducted during the day to protect their residents against noise. Reconstruction of line may influence the north-south migration routes of animals. Execution of option 1 will lead to increase in the barrier effect of the line, however it can be expected that execution of actions specified in the sentence, which provide for safe animal migration, would minimize this influence. The E-30 railway line to be reconstructed on the section Wçgliniec - Legnica between Wçgliniec and Boleslawiec is adjacent to the southern border of the potential Natura 2000 area - Bory Dolnosla^skie, and partly crosses them. The area of Bory Dolnosla^skie has been recognised as a bird refuge of European significance (IBA - Importan Birds Area). The discussed line section, adjacent to the aforementioned area, is 22 km long. The 16 km long section of the line, between Wçgliniec and Zebrzydowa, is concurrently adjacent to the southern border of the potential area of special habitat protection - Puszcza Zgorzelecko - Osiecznicka. These areas constitute an extensive, valuable natural forest complex, the values of which should be preserved. Thus, with respect to the investment execution, it is necessary to apply numerous measures which would minimize influence of the investment during the reconstruction and operation phases of the railway line, and also measures compensating disadvantageous influence of the investment, which cannot be limited with minimization measures (in accordance with art. 56 item 4, point 1) of the act dated 27th April 2001 Environmental protection law (Journal of Laws no. 62, item 627 with amendments). The conditions set forth in the sentence, relating to nature compensation, shall be also laid down in the decision on environmental conditions of the consent for execution of the undertaking. Compensation would enable creation of new habitats, as habitats endangered on account of the undertaking, and also of new habitats for endangered species, and improvement of their protection conditions in the refuge. The railway line crosses all watercourses which are critical for Bory Dolnosla^skie and flow south to north - Kwisa, Czerna Wielka, and many more smaller, which greatly affects water purity in the whole area. Proper installation of railway line dewatering system, which does not function up to standard now, would enable extended protection of water environment. At the present moment the track system is dewatered with open ditches, partly strengthened with elements of reinforced concrete. However, ditches are not passable and they do not provide proper drainage of precipitation water. Reconstruction shall comprise dewatering of track substructure with concurrent protection of drainage and precipitation water collectors against contamination. Treatment devices, for water drained from the railway line to the environment, in the form of sediment tanks will be installed in front of collector outlets. There are no objects listed in the register of historic monuments on the route of the reconstructed railway line, there are however monuments of technology, which are in the register of cultural heritage. The above comprise railway station buildings, steel viaducts and bridges on the route of the reconstructed line. With respect to the above, works near these buildings should be conducted in a way approved of by the Provincial Monument Conservator. The undertaking will increase velocity and number of passing trains. However, at the same time the track reconstruction will decrease level of noise emitteff^Ae passing trains. With respect to the above, the actual coverage and level of emio5e1djEioise shoiudbe examined at the time of execution of a post-completion analysis. Accordmg-'tb its/cesults;^\will be necessary 1 IV to undertake actions in order to secure endangered areas, subject to protection against noise, against impact of the railway line. It will be necessary to execute a post-completion analysis of the undertaking in order to verify the necessity and to propose actions and measures of acoustic protection on areas subject to protection against noise, of water environment protection and for verification of efficiency of nature compensation measures and effectiveness of solutions allowing animals (large mammals included) to safely pass the railway line. The post-completion analysis should be executed after expiry of one year of handing over the facility for usage and its results should be presented within 18 months of handing over the facility for usage.

Taking into account the above, I have decided as in the sentence.

This decision is not subject to appeal. Pursuant to art. 127 §3 Kpa with respect to article 144 Kpa, the party dissatisfied with the decision may file a request for reconsideration of the case within 7 days of delivering this decision to the Minister of Environment.

Round stamp with the national emblem of the Republic of Poland in the centre and the following circumscription: MINISTER OF ENVIRONMENT.

Oblong stamp: Minister Deputy Undersecretary of State Agnieszka Bolesta

(-) illegible signature

Copy to: Voivode of Dolnosla^skie Voivodeship, PKP PLK S.A. Warsaw, Mr Artur Flach - the representative of Biuro Ekspertyz i Projektow Budownictwa Komunikacyjnego EKKOM from Cracow - the attorney of PKP Polskie Linie Kolejowe S.A., Other pages - according to art. 49 of the Code of administrative proceedings.

Rep. No. 163/1/2006

I, the undersigned dr. Marek Kaminski, sworn translator of the English language in Warsaw, hereby certify that the above text is a true and complete translation of the original Polish document.

Warsaw, September 29,t h , 2006

ek Kaminski