Site Specific Environmental and Social Management Plan Site Specific Environmental and Social Management Plan (Draft(SSE - SSE & &SMP) SMP )

Site No.20

Court Complex, - Package 4

October - 2018

Prepared for:

Sri Lanka Landslide Mitigation Project

Asia Infrastructure Investment Bank (AIIB)

Prepared by:

Environmental Studies and Services Division National Building Research Organization 99/1, Jawatta Rd 05

Tel: 011-2588946, 011-2503431, 011-22500354

Table of Contents

1. Introduction ...... 1 2. Location and brief description of the site ...... 1 3. Landslide hazard incident details ...... 2 4. Description of any remedial measures already undertaken to reduce the potential risk ...... 4 5. Description of the area of the landslide and areas adjacent to the landslide and current level of risk . 4 6. Brief description on the surrounding environment with special reference to sensitive elements that may be affected by the project actions ...... 4 7. Description of the works envisaged under the project ...... 5 8. Identification of social and environmental impacts and risks related to the works ...... 5 8.1 Positive impacts ...... 5 8.2 Negative impacts ...... 5 8.2.1 Loosing access to land and future development activities ...... 5 8.2.2 Ecological, biological impacts and fauna and flora...... 5 8.2.3 Impact on the drainage pattern of the area ...... 6 8.2.4 Erosional impacts and stream bed alterations ...... 6 8.2.5 Water pollution impacts from construction activities ...... 6 8.2.6 Open defecation and waterborne infections spread during construction phase ...... 6 8.2.7 Impacts on the downstream water uses: ...... 6 8.2.8 Solid waste disposal issues ...... 6 8.2.9 Air pollution impacts ...... 6 8.2.10 Noise pollution, vibration, blasting, impacts during construction, potential damage to buildings, infrastructure ...... 6 8.2.11 Relations between workers and the people living in the vicinity of the site and possibility of disputes ...... 7 8.2.12 Work camps and lay-down sites requirement ...... 7 8.2.13 Risks of public accessing the site during construction ...... 7 8.2.14 Explosive hazards and hazardous materials ...... 7 8.2.15 Road traffic and safety to the public from construction activities: risk for commuters ...... 7 8.2.16 Workers safety during construction ...... 7 9. Public and Stakeholder Consultations - that have been and or will be held ...... 7 9.1 Stakeholders involved in the consultations any recommendations or agreements reached in the consultations ...... 7 10. Significant Environmental and Social Issues ...... 8 10.1 Impacts on water or wetlands (issues relating to changes or contamination of streams, rivers and other bodies of water, typically downstream from the site). This includes long-term impacts and potential impacts and risks during construction/remediation of the landslide site: ...... 8 10.2 Erosional impacts and stream bed alterations ...... 8 10.3 Impacts on transport infrastructure (especially temporary loss of road or rail access, risks of traffic congestion) ...... 8

10.4 Impacts on downstream service provision (water supply, sewerage, electricity, etc.) ...... 8 10.5 Households living in high-risk or medium-risk areas adjacent or near to the site (up-slope, down- slope, downstream, etc.)...... 8 10.6 Areas used for businesses, agriculture or other within the area to be remediated ...... 8 10.7 Areas used for businesses, agriculture or other immediately to the site ...... 8 10.8 Need for people to enter or cross the site ...... 8 10.9 Priority Health and Safety Issues. Are there specific H&S concerns that require measures that go beyond the standard contractual requirements for contractors ...... 9 10.10 Child labour & forced labour ...... 9 11. Clearances, no objection, consent and approvals required for the implementation of the project ...... 9 11.1 Project implementation ...... 9 11.2 Approval from state land owners to implement the project in state lands of the site ...... 9 11.3 Approval from environmental authority, Department of Forest, Department of Wildlife Conservation ...... 9 Approval from CEA, Department of Forest, Department of Wildlife Conservation are not needed as the work is confined to an area belongs to Ministry of Justice...... 9 11.4 Other approvals ...... 9 11.5 Consent/ no objection/ legally bound agreements from the private land ownerships ...... 10 12. Environmental Social Management Plan (ESMP) ...... 10 12.1 Resettlement action plan ...... 10 12.2 Evacuation of people ...... 10 12.3 Procedure for removal of damaged structures, facilities infrastructure ...... 10 12.4 Requirement for compensation for loss of property /uses due to project actions ...... 10 12.5 Public awareness and education- needed for following areas ...... 11 12.6 Design based environmental/ social management considerations ...... 11 12.7 Mitigation of impacts during the construction phase ...... 12 12.7.1 Construction contractors’ requirement to comply with environmental and social management during the construction phase ...... 12 12.7.2 Site specific mitigation ...... 13 13. Monitoring requirements specific to the site ...... 15 14. Grievance redress mechanism for this site ...... 16 15. Information disclosure ...... 16

List of Annexures

Annexure I: Images of the site condition and consultation ...... i Annexure II: Drone image of the area ...... ii Annexure III: Study team ...... ii Annexure IV: List of references ...... ii

List of Figures

Fig 1 : Google image of the proposed landslide mitigation site ...... 2 Fig 2a: Slope failure at the Kegalle –Siyambalapitiya road ...... 3 Fig 2b: Slope behind the District Court hall No.1 ...... 3 Fig 2c: Unstable cut slope in Siyabalapitiya road (behind the court complex) ...... 3 Fig 2d: Charles Peris Memorial Ward built in 1930 ...... 3 Fig 3 : Diagrammatic interpretation of affected slope area ...... 4

List of Tables

Table 1: The tentative timeline for getting approvals ...... 9 Table 2: Design based environmental/ social management considerations ...... 11 Table 3: Construction contractors’ requirement to comply with ESMP during the construction phase .... 12 Table 4: Site specific mitigation ...... 13 Table 5: Monitoring requirements specific to the site ...... 15 Table 6: Information disclosure ...... 16 Table 7: Level of information gathered through consulting institutions ...... 16

Abbreviations

AIIB Asian Infrastructure Investment Bank CEA Central Environmental Authority DFC Department of Forest Conservation DS Divisional Secretary DWLC Department of Wild Life Conservation ES Environmental & Social E&SU of PMU Environmental & Social Unit of Project Management Unit ESMF Environmental and Social Management Framework ESMP Environmental Social Management Plan GN Grama Niladhari GOSL Government of GSMB Geological & Mines Bureau NBRO National Building Research Organization RDA Road Development Authority SSE&SMP Site Specific Environmental and Social Management Plan

1. Introduction

The government of Sri Lanka intends obtaining a loan from the Asian Infrastructure Investment Bank (AIIB) for mitigating/rectifying unstable slopes in high risk areas especially in 11 districts of 06 provinces of the country. The project requires to be implemented in accordance with environmental and social safeguards and mandates of the AIIB bank and that of Sri Lanka. Considering the nature of project actions and its implementation, an Environmental and Social Management Framework (ESMF) has been prepared.

The purpose of the Environmental and Social Assessment Framework (ESMF) is to provide a guide for application of AIIB safeguards and national environmental and social mandates during the implementation of project actions. The project implementing agency; National Building Research Organization (NBRO) is expected to ensure implementation of environmental and social management plans prepared under the ESMF during all phases of project implementation so that the impacts on the environment and community are minimum.

During the scoping exercise it was revealed that the environmental and social setting and health and safety conditions are more site specific and require to be addressed specific to site conditions. Therefore, the ESMF has recommended a site specific environmental and social assessments and Site Specific Environmental and Social Management Plan (SSE & SMP) for each site. The SSE & SMP gives planning, design, construction and operation stage environmental, social, and health and safety management measures to be considered in the project implementation.

This is the site specific environmental and social management plan for Kegalle Court Complex landslide mitigation site. The plan has been prepared by an in-depth environmental and social assessment to; i. Identify sensitive environmental and social elements in the project influence area ii. Identify significant environmental and social impacts due to project actions iii. Propose mitigation measures iv. Decide appropriate environmental and social monitoring requirements specific to this project v. Study relevant environmental regulation and procedures to be followed during project implementation specific to the site

2. Location and brief description of the site

Site reference: Site No.20, package-04, Kegalle District, Court Complex of Kegalle

Site Details i. The site falls administratively under Ranwala Grama Niladhari Division (GN Division) of Kegalle Divisional Secretariat Division (DS Division), Kegalle District of . The moving ground sections are located at the boundary of Kegalle Court Complex at LHS of Kegalle Siyabalapitiya road and within the court complex premises. ii. The nearest town to the site is Kegalle, is about 500m from the location. iii. GPS reference of the site is 7.254142 N, 80.340505 E. Ref. Map of the location Fig 1. iv. The land ownership belongs to The Ministry of Justice and the road reservations of provincial RDA

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Fig 1: Google image of the proposed land slide mitigation site and surrounding environmental features and service infrastructure. Ref Drone image for details – Annexure II

3. Landslide hazard incident details

Mainly five unstable slops can be identified within the Kegalle court complex. (Refer NBRO/LRRMD/KG/KGP/LI17/3/30053). Among them the upper slope of the Kegalle Siyabalapitiya road and other two locations within the court complex has been subjected to partial collapse. They are;

i. The upper slope of Kegalla Siyabalapitiya road behind the District Court office complex and court hall No.01 (Charles Peris Memorial Ward built in 1930) ii. Slope behind the District Court, court hall No.02 iii. Slope behind the District Court hall No. 03 Ref. Fig 3; Diagrammatic interpretation of affected slope area and infrastructure due to ground movement

The main cause of the slope instability is unstable vertical cuts. Several cuts have been made in the sloppy lands within the court complex premises for buildings. Also, a long vertical cut of about 150m in length has been made along the Kegalle- Siyambalapitiya Road along the Eastern boundary of the court premises. The slope modifications have not followed engineering slope stability norms while drainage management on the slopes were poor. Both these have made favorable conditions for several cut slope failures threatening buildings, commuters and occupants. The damages occurred due to incident As these slope instabilities are partial movements and minor in scale, other than cutting failures at the above mentioned locations there are no damages to properties or buildings. Ref.Fig 2: Images of the project area.

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Fig 2a: Slope failure at the Kegalle –Siyambalapitiya road Fig 2 b: Slope behind the District Court hall No.1

Fig 2 c: Unstable cut slope in Kegalle Siyabalapitiya road Fig 2d: Charles Peris Memorial Ward built in 1930 (behind the court complex)

Fig 2: Images of the project area

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Fig 3: Diagrammatic interpretation of affected slope area and infrastructure due to ground movement

4. Description of any remedial measures already undertaken to reduce the potential risk Having identified the potential risks of slope instability within the court complex and the adjoining road the court management had informed NBRO about the risk situation. An NBRO team has inspected the site on 22.03.2017. The report prepared by them recommend measures for soil erosion control and drainage improvement.

5. Description of the area of the landslide and areas adjacent to the landslide and current level of risk

The area under risk is the court complex premises where many buildings are located for various judicial functions of the court. Among them the three building named as District court Hall No. 1, 2 and 3 are facing risk of failure form upslope as well as down slope. Among the three buildings, District court No.1 is largely used for administrative functions of the court while other two buildings are used for hearing of cases. The building No. one is a two story building built during British rule for a Hospital ward in 1930 named as ‘Charles Peris memorial ward’. This is an historical building. According to NBRO geologist, the first building is faced with risk due to down slope instability while other two buildings are at risk due to upslope instabilities. However, there are no cracks in the buildings related to slope instability. There are ground tension cracks above the upslope unstable slope sections. The Court hall No.2 and 3 are used for court hearing where people gather in large numbers (about 100/room in first call for cases before hearing) daily including judges and court staff. The operation times of the court complex in week days is 8.30 am -4.00pm. Therefore, the court staff and the public are at high risk during extreme weather events.

6. Brief description on the surrounding environment with special reference to sensitive elements that may be affected by the project actions

The landscape in the court premises is largely a built environment with number of administrative building located on a sloping terrain. The court premises have been occupied by large extents of buildings constructed at different times under several court expansion works. The steep slope sections and the crown area of the terrain still remain as open spaces with green cover consisting of grasses such as Mana, shrubs

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and sparsely planted trees such as Kottammba, “Banana”, “Pihibmiya and etc. The slopes and crown area are neither landscaped nor properly managed for erosion control. The poor drainage conditions are very much favourable for a slope instability. A strip of highly distrubeed vegetation is found along 150m long vertical cut between Eastern border of Court premises and Kegalle –Siyambalapitiya Road. The Road is a narrow provincial road and along the road at opposite side houses are present. NBRO LSSD Kegalle site office also located just opposite to the court premises adjoining this road. The road connects to Colombo- road and court Junction which is a busy junction due to court complex with pedestrians and commuters.

No forested areas, wild life reservations, environmentally sensitive habitats found within the study area. No ecologically significant habitats found.

The elements and services at risk during the project implementation are:

i. Road traffic and commuters on the road and pedestrians ii. Staff of (permanent & temporary) and the public in the court complex iii. Court hearings and other judicial activities iv. Court Hall No-1: The Charles Peries memorial hospital building ( archaeological site built by British in 1930) v. Court Hall No 2 and 3 vi. Occupants of the houses and building structures at the opposite side of the slope of the Kegalle – Siyambalapitiya road vii. Water quality of the nearby stream

7. Description of the works envisaged under the project

The proposed mitigation works will include slope reinforcement, retaining structures, surface drainage improvement and erosion control measurers

8. Identification of social and environmental impacts and risks related to the works

8.1 Positive impacts

The mitigation of slopes will make currently unstable slopes and the road sections stable, securing safety of the buildings, staff, and public in the court premises, commuters and pedestrians on the road, and occupants and houses opposite to the Eastern boundary . The building No -1 “Charles Peiris Memorial ward just upslope of the slope at the road which is a historical building, will be secured from potential slope instability damage.

8.2 Negative impacts

The work is confined to an area which is already disturbed by a slope failure. Therefore, Negative impacts are much localized and limited mostly to construction period.

8.2.1 Loosing access to land and future development activities

Most of the mitigation works will be carried out in the road reservation and on slopy lands owned by the ministry of justice. Also, under the project the land will not be acquired. Therefore, it may be reasonable to state that the project will not result loss to the land ownership or prevent any future development in the premises.

8.2.2 Ecological, biological impacts and fauna and flora

The impacts on terrestrial ecosystems are localized. Impact on fauna and flora, degradation of sensitive ecosystems, large scale habitat fragmentation is virtually nil due to the project. Hoverer, approval is required for removal of trees controlled under Fauna Flora Protection Ordinance.

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8.2.3 Impact on the drainage pattern of the area The project actions will be largely concentrated on slope reinforcement, surface runoff management and retaining structures in small areas. Hence it will not cause any significant change to current drainage pattern in the area.

8.2.4 Erosional impacts and stream bed alterations

During rainy season the exposed slopes are exposed to erosion, and sediment laden runoff is expected tobe generated. The runoff rich with sediments may enter the natural stream running nearby to cause sediment pollution. The impacts on aquatic ecosystems will be locally significant.

8.2.5 Water pollution impacts from construction activities

Washout of fines, sedimentation in existing watercourses and siltation in the downstream channels can be expected during the removal of debris, soil produced during the process of drilling and boring, landscaping/reshaping of slopes and etc. Improper disposal of oils and other harmful substances/contaminants from machineries, leakages from temporary storage tanks, solid waste and wastewater disposal/dumping from workers sites could occur causing adverse impacts on surface water quality of the stream. Mixing of construction materials including cements/other grout materials used for soil strengthening with surface water flows will cause temporary water quality degradation and accumulation of unwanted substances in the downstream. As a stream is located closes to the mitigation site the effect is significant, but locally.

8.2.6 Open defecation and waterborne infections spread during construction phase

As the site is located within a high security built area, possibility of open defecation is low.

8.2.7 Impacts on the downstream water uses:

The construction activities may increase the pollution load in the streams with high Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Suspended Solids, Oils and Greases etc. The emissions will exceed the ambient water quality standards prescribed for designated uses such as drinking, bathing, and aquaculture and may violate even the minimum standards for water quality. The water quality impacts from discharge of wastewater and pollutants to environment during construction phase is therefore significant.

8.2.8 Solid waste disposal issues

Haphazard disposal of Solid waste; various types of waste such as litter, food waste, construction waste will be generated and may store or dispose on site. The littering and hap hazard storage and disposal of solid waste in and around the court premises will create inconveniences to public, can block the drains to make breeding grounds for water borne diseases. Waste can pollute the soil, and leave various environmental impacts if proper disposal mechanism is not in place during the construction period. Therefore, environmental impacts of poor management of solid waste in this site is highly significant

8.2.9 Air pollution impacts

Construction activities that contribute to air pollution include: land clearing, operation of diesel engines, demolition, burning, from storage, transportation, disposal of construction materials, construction waste and working with toxic materials (blasting chemicals). During construction, it generates high levels of dust, typically from concrete, cement, wood, stone, and silica. Air pollution may have an impact on the pedestrian/ commuters of the road, staff of the court (permanent & temporary) and the public coming to the court.

8.2.10 Noise pollution, vibration, blasting, impacts during construction, potential damage to buildings, infrastructure

Noise impact is significant as the construction activities are taking place in a noise restricted court premises. The court hearings are taking place until 15.30 hrs except weekends and court vacation period. During this times effect on noise pollution is significant.

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The commuters and neighbouring residents on the road will be exposed to high noise during heavy noise generating activities, such as operating loading and unloading of materials, movement of machinery.

Vibration can affect the stability of buildings during construction. The heavy excavations, boring loading and unloading and etc. can generate ground vibration to cause cracks in court buildings. The Charles Peiris memorial ward built in 1930 will be highly sensitive to damage by ground vibration. Hence impacts on ground vibration are significant.

8.2.11 Relations between workers and the people living in the vicinity of the site and possibility of disputes

There may be disputes with the workers of construction site and the public and the residents in nearby houses. According to the Registrar District court Kegalle, the police post at the district court to ensure the security within and around court premises.

8.2.12 Work camps and lay-down sites requirement

The solid waste and sewage removal in the camp if not properly designed will be a nuisance to the surrounding community. Proper closure of labour camps is also needed after the project before making it a trouble to neighbours.

8.2.13 Risks of public accessing the site during construction

The site may have machinery with high hazard risk such as drilling, boring and excavation machines and moving heavy vehicles etc. Only skilled workforce will be safe working in this environment. If unauthorized persons access the site there may be a risk of being subjected to accidents by the heavy machinery.

8.2.14 Explosive hazards and hazardous materials

Affected slope has no large rocks, hence it is highly unlikely that rock blasting will encounter

8.2.15 Road traffic and safety to the public from construction activities: risk for commuters

During construction phase the road will be obstructed by the frequently moving machinery, loaders, trucks etc. As most of the mitigation works are to be carried out in very much limited space on slopes (Kegalle- Siyampalapiyiya road is a heavy traffic and narrow road with no road reservation) the heavy machinery, the trucks and loaders etc. can obstruct the pedestrian passage, the traffic flow and may pose high risk on their life. As the road is narrow access to houses opposite to unstable road section will be obstructed during the construction phase.

8.2.16 Workers safety during construction

The heavy construction machinery may use in limited work spaces. Risk of hazard from vehicle and construction machinery accidents is highly significant.

9. Public and Stakeholder Consultations - that have been and or will be held

Some mitigation sites are located inside the court premises and other at the eastern border of the road.

9.1 Stakeholders involved in the consultations any recommendations or agreements reached in the consultations

Mr SPI Ranjith, Registrar Kegalle District court was consulted during the NBRO site visit. Within the court about 4000 cases will be filed annually and only civil cases are handled in the court. There are about 300- 400 people public come to the court for judicial matters. Cases hearing will take place in three court buildings on week days from 9.00 am to 3.30 p.m. There is a documents room which is strictly protected and fire arms are not stored within premises. The court management is concerned on fire and use of electricity due to fire hazard on record room. According to him the premises is a historical hospital during British rule. The two story building built in 1930 is a Hospital ward and is an historical building. Currently,

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the building is used mainly as the administrative unit in the court. A police post has been established within the premises for security. The rules within the court premises include that smoking, taking liquor, being noisy and roaming are prohibited within the court premises and no information should be released to the media. The registrar extended full support to the project as current risk due to slope stability is a life threatening issue to them and court hearing has to take place posing public and court staff at risk.

10. Significant Environmental and Social Issues: Social or Environmental impacts or risks that will require special measures on the part of NBRO and the contractor; Indicative significant impacts

10.1 Impacts on water or wetlands (issues relating to changes or contamination of streams, rivers and other bodies of water, typically downstream from the site). This includes long-term impacts and potential impacts and risks during construction/remediation of the landslide site

Washout of fines, sedimentation in existing watercourses and siltation in the downstream channels can be expected during removal of debris and soil, produced during the process of landscaping/reshaping of slopes. Improper disposal of oils and other harmful substances/contaminants from machineries, leakages from temporary storage tanks, solid waste and wastewater disposal/dumping from workers sites could occur causing adverse impacts on surface quality of the stream running at the downstream area.

10.2 Erosional impacts and stream bed alterations

The slope erosional impacts and sediment pollution will be locally significant

10.3 Impacts on transport infrastructure (especially temporary loss of road or rail access, risks of traffic congestion)

During construction phase the road will be obstructed by the frequently moving machinery, loaders, trucks etc. As most of the mitigation works are to be carried out in very much limited space on slopes (Kegalle- Siyampalapiyiya road is a heavy traffic and narrow road with no road reservation) the heavy machinery, the trucks and loaders etc. can obstruct the pedestrian passage, access to houses, traffic flow and may pose high risk on their life.

10.4 Impacts on downstream service provision (water supply, sewerage, electricity, etc.)

There is no impact on water supply, sewage, electricity etc.

10.5 Households living in high-risk or medium-risk areas adjacent or near to the site (up-slope, down-slope, downstream, etc.)

There are houses opposite side of the road. However, the NBRO report does not classify them under any risk category. The court buildings, including the historical hospital building and the public will be at risk during the construction phase. Access to houses opposite to unstable slope section will be obstructed by construction works.

10.6 Areas used for businesses, agriculture or other within the area to be remediated

The construction activities will be taking place largely within the court premises and on road side hence no areas used for business, specific agriculture practices or other immediately adjacent to the site will be affected by the project actions

10.7 Areas used for businesses, agriculture or other immediately to the site

There are no areas used for business, specific agriculture practices or other immediately adjacent to the site hence has no significant impact.

10.8 Need for people to enter or cross the site

Since the project actions will be taking place within the court premises and along the road side the public, commuters, pedestrians and residents will be present in an around the site during the construction phase.

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10.9 Priority Health and Safety Issues. Are there specific H&S concerns that require measures that go beyond the standard contractual requirements for contractors

The health and safety issues pertinent to this site are largely common to any landslide mitigation site. Such common E & HS issues have been discussed in the ESMF. Worker safety requirement in the construction site is more detailed under 2003 5: Safety equipment and clothing in the section 2003: Working conditions and community health and safety in the Bidding document.

10.10 Child labour & forced labour

Child labor & Forced labor is detailed under 2003.3 under section 2003: Working conditions and community health and safety in the Bidding document.

11. Clearances, no objection, consent and approvals required for the implementation of the project

11.1 Project implementation

i. Approval from the District Secretariat The approvals will require to be obtained from the District secretary for the implementation of project where the proposals need to be presented at the district coordinating committee, to which chief minister and stakeholder agencies in the district will also participate. The Officer of PMU will present the project, disclose the project details and various concerns including environmental and social. The issues will be discussed, the recommendation proposed at this meeting will be considered in the implementation of the ESMP.

ii. Approval from the planning committee The project will obtain the approval from the planning committee of the Kegalle Urban council.

11.2 Approval from state land owners to implement the project in state lands of the site

i. The relevant agencies are provincial RDA as part of the project actions are taking place on the road and road reservation. Necessary agreements will be made between NBRO and the RDA to access the land, carry out construction work, remove materials (trees, soils, rocks and boulders), erect structures, and continue with operation and maintenance works. ii. Approval from the Ministry of Justice regarding the project implementation within the court premises

11.3 Approval from Environmental Authority, Department of Forest, Department of Wildlife Conservation

Approval from CEA will be required. But approvals from Department of Forest, Department of Wildlife Conservation are not needed as the work is confined to an area belongs to Ministry of Justice. Approval may be required from Department of Forest if felling of trees protected under Fauna and Flora Protection Ordinance encounters.

11.4 Other approvals

i. Approval from regional Geological Surveys and Mines Bureau will be obtained for transportation and disposal of earth, rocks and mineral debris ii. Approval for extraction of materials-Approval from Geological & Mines Bureau (GSMB) is needed (if necessary only). iii. Approvals from Kegalle Urban Council will be obtained for the disposal of waste and plant litter iv. Approval through the Divisional Secretary from the district office of Ministry of Defense will be obtained for the sites if requiring rock blasting. v. Approvals from regional office of Ceylon Electricity Board will be required for power supply for site operation.

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11.5 Consent/ no objection/ legally bound agreements from the private land ownerships

i. Signing a legally bound agreement between the land owners (Ministry of Justice) and the project implementing authority will be made allowing no-objection to remove the structures, access the land, implement construction works, and engage in long-term maintenance works. ii. The tentative timeline for getting approval is given in the table 1.

Table 1: The tentative timeline for getting approvals Approvals Month 1 Month 2 W1 W2 W3 W4 W1 W2 W3 W4 Project implementation Approval from the District Secretariat Submission of application Project briefing Respond to comments Approvals Approval from planning committee

Submission of application

Project briefing

Respond to comments

Approvals Approval from state land owners RDA Submission of application Respond to comments Approvals Other approvals GSMB Ministry of Defense (Depends on the requirement) Consent/ no objection from the private land ownership

12. Environmental Social Management Plan (ESMP)

Measures to manage and or mitigate the impacts and risks, especially the impacts and risks identified in Sections 8 & 10. This will be included in the specific recommendations and requirements of the ESMP.

12.1 Resettlement action plan

Will not be applicable to this site as there is no project based resettlement.

12.2 Evacuation of people

The court Hall No 2 and No.3 may require to be evacuated during critical times (extreme rainy weather) of construction phase.

12.3 Procedure for removal of damaged structures, facilities infrastructure

There are no damaged structures to remove under the mitigation.

12.4 Requirement for compensation for loss of property /uses due to project actions

May be triggered if project based cracks occur in the buildings. Access to some of the houses may be obstructed during construction phase. Suitable compensation is recommended to compensate the nuisance during critical phase of construction work.

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12.5 Public awareness and education- needed for following areas

Programs to inform and educate staff of the court on the risks posed by landslides. Awareness programs to neighbouring residents on the project, unavoidable nuisance conditions, risks social concerns etc.

12.6 Design based environmental/ social management considerations

Following environmental and social design considerations are recommended for this depending on its environmental and social relevance.

Table 2: Design Stage Environmental & Social considerations

Recommended level of Design feature consideration for this site i. Natural resource management and resource optimized designs Project specific designs should be considered to eliminate mass clearing of Low vegetation and should limit a minimum number of removal of tree species. Sufficient emphasis should be made to consider conservation of trees if important tree species are found ii. Habitat connectivity and animal trails If large fraction of vegetation is required to be cleared in ecologically fragile Not relevant habitats as for permanent structures or for access , or if deep drains etc. are to be made the designs should include habitat connectivity features, animal trails and vegetation strips and etc. even if the impact are localized. iii. Conservation of water resources This involves extraction of water both surface and sub-surface. The water Not relevant extracted is in relatively good quality. In a well thought design this extracted water can be conveyed in such a manner that the water can be accessed by wild fauna as well as the neighboring communities for bathing and other domestic purposes even as drinking water. iv. Interruption to water supplies If the water in the mitigated slope is used as a source for individual or community Not relevant water supply, the chance the water source can be affected by the mitigation work is high due to water table draw down. In such instances the design should include alternative source of water for the community (temporary/or permanent). v. Aesthetically compatible design considerations The designs in aesthetically sensitive environments should consider structures High that blend with natural environment to keep the visual pollution to minimum. Service of landscape architect may be important for the design of suitable mitigation structures. vi. Consideration of green environmental features As many of the mitigations works are carried out in ecologically sensitive habitats, It is recommended to consider green environmental designs as much as High possible in the designs e.g.: use of local vegetation species for erosion control, combination of plants to sustain species diversity in the environment, avoiding inclusion of potentially invasive species & etc. vii. Workers/ commuters and community safety Very high Activation of slide may occur during construction phase and may pose threat to workers and commuters. Therefore design based safety consideration such as beams, safety nets etc. should be considered. The court buildings are located on high elevation steep slope section where large numbers of people gather. Therefore, it is recommended that safety walls, fence etc integrated to design to provide protection to people falling down from the mitigated slopes

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viii. Erosion control structures In drainage management, water is extracted and conveyed to nearby streams often through culverts. During rainy season the flow in these drainage structures can be significantly high and this may cause stream bed and bank erosion. Hence Should be decided based the design should adequately consider flow speed breakers to reduce erosive on evaluation of flows entering natural streams. This should be an inclusive part of the design if hydrological parameters there are streams and culverts in the proximity of the mitigation site. A natural stream with high aquatic diversity flows at the toe area of the failed slope

ix. Low post maintenance and operation designs The mitigation should consider passive techniques such as gravity drain for drainage management. Correct pipe diameters, pore diameters and laying angles should be considered to avoid clogging of drains. Low maintenance structures High and designs such as designs to withstand erosive forces, sediment trapping systems etc. should be considered if drain water is expected to be directed to natural streams. The materials with high durability should be used for structures should be chosen carefully so as to withstand weather conditions. Designs should specially consider corrosion prevention techniques if steel structures are used.

12.7 Mitigation of impacts during the construction phase

12.7.1 Construction contractors’ requirement to comply with environmental and social management during the construction phase

Measures to manage and to mitigate the environmental and social impacts are generally common to all landslide mitigation sites. Such impacts are largely attributed to activities in the construction phase. The mitigation of impacts therefore becomes an obligation of construction contractor. NBRO has prepared a comprehensive document on “contractors’ requirement to comply with environmental and social and Health and Safety (ES & HS) management during the construction phase” to be included in construction contractors’ bid document. The main sections are summarised below indicating the degree of relevancy for this site. For details ESMP for construction contractors should be referred.

Table 3: Contractor requirement to comply with ES & HS

Reference No. as per construction contractors Item Relevant to the project obligation to ESMP 2002 A Environmental and Social Monitoring 2002 .2 1) Storage on site Highly Relevant ( Narrow road with no/little reservation areas) 2002 .2 2) Noise and Vibration Highly Relevant ( court premises and judicial functions) 2002 .2 3) Cracks and damages to the buildings Highly Relevant ( historical important Charles Peris Memorial Ward and other court buildings) 2002 .2 4) Disposal of waste Highly Relevant ( High security judicial premises) 2002 .2 5) Disposal of refuse Highly Relevant ( High security judicial premises) 2002 .2 6) Dust control Highly Relevant 2002 .2 7) Transport of Construction materials and Relevant waste 2002 .2 8) Water Relevant 2002 .2 9) Flora and Fauna Relevant ( public place) 2002 .2 10) Physical and cultural resources Relevant ( historical important Charles Peris Memorial Ward) 2002 .2 11) Soil Erosion Relevant

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2002 .2 12) Soil Contamination Relevant 2002 .2 13) Borrowing Earth Relevant 2002 .2 14) Quarry Operations Not relevant 2002 .2 15) Maintenance vehicles and Machinery Relevant 2002 .2 16) Disruption to public Low Relevant 2002 .2 17) Utilities and roadside amenities Relevant

2002 .2 18) Visual environment enhancement Relevant

2002-5. Environmental Baseline surveys (air, water, noise , Refer site specific monitoring plan Monitoring vibration, crack surveys) Surveys during construction (air, water, Refer site specific monitoring plan noise , vibration, crack surveys) Surveys during operation phase Optional Reporting and maintenance of records Relevant 2003. Working Conditions and Community Health and Safety

2003.2 Safety organization and communication Highly relevant (unsafe slopes/ public /commuters/ heavy machinery ) 2003.3 Child Labor and Forced Labor Relevant 2003.4 Safety reports and notification of Relevant accidents 2003.5 Safety Equipment and Clothing Relevant 2003.6 Safety inspections Relevant 2003.7 First Aid Facilities Relevant 2003.8 Health and safety information and Relevant training 2003.9 Plant equipment and qualified personnel Relevant Relevant: The section is relevant to the site as a common ESMP applicable to any site Highly relevant: The contractor should pay special emphasis in the preparation of environmental method statements to ensure that the relevant ESMP is implemented specific to the site Possibly relevant: This ESMP will be triggered if the site come across with relevant aspect during project implementation Not relevant: The section may not be relevant to this site under disclosed conditions Optional: require to be implement if needed only Refer site specific monitoring plan: Contractor is obliged to carry out monitoring as specified in the site specific monitoring plan Reference: Contractors Obligation for implementation of ESMP

12.7.2 Site specific mitigation

Table 4: Site specific ES & HS mitigatory measures

Mitigation item Project Responsibility implementation phase i. Disposal of construction waste Site preparation Construction The contractor should pay special attention with respect to disposal of and construction Contractor construction waste. Such waste if generated should store properly without getting washed off and dispose according to approved procedures by the PMU. Under any circumstance construction waste should not be released to the court premises. Contractor should obtain the approval from the Kegalle UC for disposal of solid waste at approved locations ii. Dust and aerosol control screen Site preparation Construction The heavy dust generation activities should be carried out with sufficient care. and construction Contractor Adequate water spaying is recommended to this site. Dust screens to cover open vents of building in the downslope (court hall No.2 and 3) is recommended.

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iii. Water for construction Construction Construction Water for construction works should be obtained only from the approved Contractor places. If water in the court premises is used consent from court management should be required. iv. Working hours Construction Construction The construction activities should be in accordance with the court Contractor management. Noise, vibration and dust generation activities should be carried out after court hearing hours. If night time operations are required to achieve project targets such works should be carried out with adequate safety measures v. Security information on Labour crew Construction Construction Up to date information on the labour crew to be informed to the court Contractor management and the police post vi. Use of liquor and smoking Use of liquor and smoking is totally prohibited within the court complex. Construction Construction Contractor Vii Fire Hazard Contractor should take special measures to prevent possible fire hazard as Construction Construction required by the court management. Electricity if used should be under strict Contractor care. Electrical lines should be properly laid and disconnected when not in use Vii Evacuation of buildings The court hall No 2 and 3 may require to be evacuated during risky times Construction Court (heavy precipitations). It is recommended that the court management respond Management/ to NBRO early warning alters during rainy weather conditions. PMU Viii traffic management Site preparation Construction Proper traffic management plan should be in place during the mitigation and construction Contractor works in Kegalle –Siyambalapitiya road section. As the road is a narrow /PMU/RDA stretch with no road reservation even closure of one way traffic will result almost a full road closure and large vehicles may not be able to drive on the road. Therefore, the site works and traffic management should be planned properly before the construction work starts, to minimize possible nuisance and risks to pedestrians and commuters and interruptions to site work. ix Safety of public/court staff Site preparation Construction Signe boards, site separation barriers demarking entire restriction etc. should be and construction Contractor put in to demarcate the work areas within the court premises. Sign boards should be displayed restricting public entering the project areas. When Heavy machinery and trucks etc. are to be driven inside the premises it is imperative that they are moved during un crowded hours along agreed paths after discussion with court management. Sign boards on slope instability risk at mitigation sites are recommended. Special care should be taken (skilled drivers/speed limits) to prevent possible accidents. A fulltime watchmen is recommended for this site X Contractors workforce code of conduct Site preparation Construction The contractor should take necessary steps to maintain high level of and construction Contractor discipline among the workforce. The workforce should be made aware of the rules and regulations and behaviour inside the court premises. Suitable supervision arrangement should be made to control labour force miss conduct within the premises during construction work. Proper arrangement should be provided on sanitary facilities for workforce. It is recommended not to use the sanitary facilities inside the court premises without full permission of the court management. A good record of violation of code of conduct should be maintained for this site.

Xi Minimize erosional impacts during construction Construction Construction It is recommended that mitigation works involved with site clearance, slope Contractor reshaping, removal of debris etc. are avoided during rainy season. Therefore it is imperative that site works in upslope mitigation are carried out in the dry season before rainy season begins and avoid such activities on upslope area in the wet season as much as possible. This should be considered in project planning stage. Proper drainage arrangement should be made to prevent overland runoff and sediment laden water flowing

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through at the site. Washing muddy surfaces of moving machinery and efficient silt trap are mandatory.

XII Damage to buildings and historical structures Construction Construction As many mitigation works are to be carried out in steep slopes or cuts Contractor adjoining the buildings, possible damage by construction machinery – operation are very high. Contractor should pay special attention to prevent such damages with all precautions. Also the mitigation works at historical hospitals building side should be done with extreme care under monitoring to ensure that no damage occur to the building due to project actions. Any building damage witch happens should be assessed properly and rectify immediately without allowing future propagation of impacts.

13. Monitoring requirements specific to the site

Following monitoring plan is strongly emphasized during the construction phase specific to this site. In addition to this, monitoring procedure indicated in the contractors’ obligation to ESMP should also be implemented by construction contractor. The contractor is expected to indicate in the bid the ESMP procedure to be implemented along with relevant proofs of his competency. The cost for ESMP will require to be indicated as a separate pay item. The environmental and social management method statement is expected to be submitted by the selected construction contractor and to be approved by the PMU unit.

Table 5: Environmental and Social Monitoring Plan; construction phase

Monitoring Parameters Frequency requirement i. Baseline Stream water quality monitoring Pre crack survey on the buildings (special reference to Charles Peris memorial building) Once * Ground vibration Background noise measurement Air quality: particulate matter Stream water quality During slope excavations, ground soil boring works ( every month)* ii. During Crack survey If noticeable displacement is observed construction during construction ** Ground vibration During operation of drilling machinery, boring works, or any works that generate ground vibrations* Construction noise Once a month during heavy noise generation times* Air quality particulate matter Once a month * iii. Vehicular All machinery/vehicles operational should have the emission control test certificate as Emission applicable - should be checked by the site ES officer of the consultant iv. Monitoring * A competent independent monitoring agency with registration of Central agency Environmental Authority for all parameters except crack surveys **Crack surveys should be conducted by competent agency acceptable to PMU v. Reporting Stream water quality – Comparison with ambient water quality standards published by requirements the CEA, 2017 Pre crack survey of the high risk houses-Professional report Ground vibration-as per The interim standards on vibration for the Machinery, Construction activities and Vehicular movements, CEA Background noise measurement –Extraordinary Gazette No.924.1, May 23,1996, CEA Air quality particulate matter- The National Ambient Air Quality standards stipulated under the Extraordinary Gazette, No. 1562/22 August 15, 2008 -Central Environmental Authority of Sri Lanka.

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14. Grievance redress mechanism for this site

The PMU ES officer is responsible for establishing the grievance redress mechanism for this site with special consideration for impact public, residents; (Reference: Environmental and Social Management Framework for recommended procedure for establishment of grievance redress mechanism)

15. Information disclosure

It is the responsibility of the PMU to disclose the ES information to following agencies and organizations by indicated modes as a minimum.

Table 6: Proposed scheme of information disclosure Information Proposed agencies Mode of information disclosure i. Project plan ( site District CEA, DFC,DWLC, District Meetings, District coordination details, design , Secretariat, Divisional Secretary, RDA, committee, submission of relevant implementation State land owners (Ministry of justice), report to sign agreements, approvals arrangements) Other district levels Agencies, NBRO and consents. district office, AIIB ii. Environmental and District CEA, Register District Court Meetings, District Coordination Social Management Kegalle, AIIB, Committee, submission of relevant plan report to sign agreements, approvals and consents iii. Monitoring reports District CEA, AIIB and relevant parties as Progress meetings, special meetings, (baseline and during appropriate submission of relevant reports construction) iv. Site inspections for District CEA, RDA, Divisional Secretary, Written and verbal communications, environmental Ministry of justice, Police, State Land submission of relevant reports conformance workers Owners, Grama Niladhari, District Office health and safety NBRO, AIIB and relevant parties as appropriate v. Decisions taken and District RDA, Register District Court Meetings, submission of relevant progress review Kegalle, Divisional Secretary, Police, State reports meetings pertinent to Land Owners, Grama Niladhari, District ES matters Office NBRO, AIIB and relevant parties as appropriate vi. Grievance redress Relevant parties , Register District Court, Meetings, written and verbal mechanism Kegalle, AIIB communications

Table 7: Level of information gathered through consulting institutions Date Institution Person contacted for information

09/09/2018 @ 10.00 hrs District Court-Kegalle Mr S P I Ranjith Registrar – District Court Kegalla

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Annexure I: Images of the site condition and consultation

Fig a: Consultation with the Registrar of District Fig b: Front view of District Court office complex and Court court hall No.01

Fig c: Unstable slope behind District Court hall No.2 Fig d: Soil erosion of the slope ( behind the hall No 1)

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Annexure II: Drone image of the area

Annexure III: Study team

Name Designation Position in the study TDSV Dias Director/ ESSD/NBRO Team leader SAMS Dissanayake Senior Scientist/ESSD/NBRO Senior Environmental Scientist Prabath Liyanaarachchi Scientist/ ESSD/NBRO Environmental scientist H Kusalasiri Technical Officer/ESSD/NBRO GIS/Demographic data /survey support Dilhani Jayalth Officer in charge- Kegalle district Geologist office D I U Jayawardena Scientist/ LRRMD/ NBRO

Annexure IV: List of references

1. NBRO site investigation report no. NBRO/LRRMD/KG/KGP/L117/31/30053, April 2017 2. Contractor’s obligations for Environmental and Social Management Plan- Sri Lanka Landslide Mitigation Project-AIIB 3. Environmental and Social Management Framework-Sri Lanka Landslide Mitigation Project _AIIB 4. Resettlement Planning Framework- Sri Lanka Landslide Mitigation Project _AIIB

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