Urung, Ngaraard – Fill of Submerged Land
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THE ENVIRONMENTAL ASSESSMENT THE URUNG SUBMERGED LAND FILL PROJECT Theo Isamu Freelancing Consultant Company P.O. Box 1694 Koror, Palau 96940 Tel No. H 680 488-5352/MP 778-2597 CONTENTS EXECUTIVE SUMMARY . 5 INTRODUCTION . 8 Identification Applicant . 13 Identification of EA Preparer . 22 EA Process & Documentation . 22 Environmental Assessment Methodology . 24 Project Descriptions . 24 Project Objectives . 24 Project Site Description . 25 Project Location . 26 Project Features . 30 Infrastructure Considerations . 31 Project Implementation Schedule . 31 Existing Environmental Conditions . 31 Impact Assessment & Mitigation . 33 Initial Impact to the Project Site before Filling . 33 Vegetation Clearing . 33 Excess Soil from Excavation Activity . 34 Waste Water Generation . 34 Air Pollution . 34 Noise . 35 Potential Damage to Urung Road . 35 Solid Waste Generation & Disposal . 35 Storm Water Management . 36 Traffic Hazards . 36 Erosion and Sediment Measures (Erosion Sediment Control Plan . 37 Other Mitigating Measures . 41 Accountability . 48 References . 71 2 The Urung Submerged Land Fill Project (USLF) Theo Isamu Freelancing Consultant Company P.O. Box 1694 Koror, Palau 96940 Tel No. H 680 488-5352/MP 778-2597 LIST OF EXHIBITS Exhibit 1 – Propose Site Map & Characteristics . 16 Exhibit 2 – Matrix of Impacts . 17 Exhibit 3 – Project Location & GPS Location Points . 26 Exhibit 4 – Soil Type . 29 Exhibit 5 – ESCP Illustration . 44 Exhibit 6 – Accountability . 48 Exhibit 7 – Historical Clearance . 49-51 Exhibit 8 – Unexploded Ordnance . 52 Exhibit 9 – Request for Proposal No. RFP- 218-02 . 53 Exhibit 10 – Award Letter NSL 2018-42 . 54 Exhibit 11 –Terms of References . 55-56 Exhibit 12 – Joint Resolution No. 10-3-1S . 57-58 Exhibit 13 – Notice of Violation . 59-60 Exhibit 14—Order Imposing Civil Penalty . 61-63 Exhibit 15 – Notice of Suspension of Civil Penalty . 64-67 Exhibit 16a – NSPL No. 7-13 . 68-69 Exhibit 17 – Governor’s Letter to EQPB Executive Officer . 70 LIST OF TABLES Table 1 – Owner/Applicant Information . 13 Table 2 –Information of EA Preparer . 22 LIST OF FIGURES Figure 1 – List of Plants . 18-20 Figure 2 – Bird Survey Form . 21 Figure 3 – Project Site Map . 25 3 The Urung Submerged Land Fill Project (USLF) Theo Isamu Freelancing Consultant Company P.O. Box 1694 Koror, Palau 96940 Tel No. H 680 488-5352/MP 778-2597 LIST OF PHOTOS TAKEN LEADING TO USLP SITE Photo 1 – Crab Holes . 8 Photo 2 – Photos 2-5 Taken at Project Site . 27 Photo 6 – West Side of Project Site . 28 Photo 7 – Natural Pit With Water . 30 Photo 8 – Yasumba . 32 Photo 9 – An Example of Silt Curtain . 37 Photo 10 – Foliage . 43 Photo 11 – Old Truck Parts . 43 Photo 12 – Culvert Conveyance . 45 Photo 13 – Natural Pit and Conveyance . 46 Photo 14 – Old Silt Fence . 47 Photo 15 – Bamboos . 47 4 The Urung Submerged Land Fill Project (USLF) Theo Isamu Freelancing Consultant Company P.O. Box 1694 Koror, Palau 96940 Tel No. H 680 488-5352/MP 778-2597 EXCEUTIVE SUMMARY NGARAARD - STATE OF LEGENDS CALLS FOR BEAUTY OF LIVES. Beautiful ancient sacred paths link with other lands, and some legends that still thrive in our hearts are from Ngaraard. Stone paths through the forests give one a chance to reflect on path to self-discovery and appreciation of our lives. Once you encounter the beautiful scenery and warm hearted island hospitality, you will be reminded how beautiful life is. The Ngaraard State “Kerradel” is a land of opportunity. Kerradel the Five for One and One for All State has five (5) counties, 1) Elab, 2) Choll, 3) Ngebuked, 4) Ulimang, and 5) Ngkeklau. It is one of the states in Palau that has both east and west coasts with white sandy beaches and six (6) Protected Area Network Conservation Areas. 1) East Coast Ngaraard Conservation, 2) Ungellel Conservation Area, 3) Ngaraard Mangrove Conservation Area, 4) Ngerkall Conservation Area, 5) Diong ra Ngerchokl, and 6) Ongiil Conservation Area. These conservation areas are connected to and have joined the Palau Protected Area Network (PAN) in 2011. The on-going project that is similar to the Urung Submerged Land Fill Project (USLFP) is the Etoikechang Yasumba Project that was EQPB approved in 2015. Permit is expired and being requested for extension and now awaiting EQPB approval. The new governor, the Honorable Benjamin Iskawa may change the plan for Etoikechang Yasumba Project (EYP) to dredge all the way to Yasumba and to re-dredge back thus creating channel to about halfway and build a pier for boat docking. This process in changing the scope of work for EYP will be requested through the EQPB. The re-dredged materials from this EYP and other projects to take place in Ngaraard could provide fill materials to be used for filling the proposed Urung Submerged Land Fill Project. The Ngaraard State Government is proposing to build additional structures such as housing residences for the people of Ngaraard and extra buildings and/or structures in support of the forthcoming activities toward the development of Ngaraard State in particular the submerged land at Urung, Ngebuked county of Ngaraard State. This Submerged Land Lot No. is 053 E 16 with an area of 4,266 sq meters on the east of State public works building at the state compound. Request for Proposal No: RFP 218-02 was solicited for environmental assessment and Bidding Period was from May 23, 2018 to June 17, 2018. Each proposal were submitted in sealed 5 The Urung Submerged Land Fill Project (USLF) Theo Isamu Freelancing Consultant Company P.O. Box 1694 Koror, Palau 96940 Tel No. H 680 488-5352/MP 778-2597 envelopes bearing the name and address of applicant and identified with proper request for proposal number where all proposals were to be submitted or mailed to Ngaraard State office. Sealed proposals from local vendors for an Environmental Assessment (EA) were opened on June 18, 2018. All proposals were to be evaluated based on bidding price and for additional information on specifications to contact the state office. The Freelancing Consultant Company (FCC) submitted a bid for this request for proposal and was accorded with an Award Letter NSL 2018-42 dated June 13, 2018 (Exhibit 10). This award letter served as a basis to undertake the task of environmental assessment for this proposed USLFP pertinent to EQPB Chapter 24 National Code and its Regulations promulgated 26 May 1996. And this EA is prepared as an obligatory process to seek approval from EQPB which will enable Ngaraard State Government to start filling this particular submerged land. It is also a process that FCC is trying to show based on the assessment of this USLFP pertinent to 2401-61-03 Applicability, 2401-61-05 Contents of EA and 2401-61-06 Significance Criteria. There was no discussion with Governor in relation to alternatives for this proposed project hence The “No Action” Alternative should always be considered an option to the proponent even before the project is conceptualized. Nonetheless alternatives could have been considered if the lands in Ngaraard have all been surveyed for their determination of ownership and with clear certification of titles. Moreover the Certification of Title for this proposed USLFP is very clear in reference to the Article 1 Section 2 of Palau Constitution and Joint Resolution No. 10-3-1S (Exhibit 11). Alternatives discussed in this section are in reference to the Public Notice of Request for Proposal RFP No: 2018-02 proposing to build additional structures such as housing residences and extra buildings or structures to support forthcoming activities toward development of Ngaraard State. Hence the Joint Resolution No. 10-3-18 clearly stated that this proposed USLFP will provide much needed space for the Public Works facility, the PNCC Hub, the warehouse and possible Olbetibel building to resolve the current congestion problem of Ngaraard State Government. This same joint resolution also stated that USLFP may provide access to Ngebuked, Elab, and Ulimang area in the event of the current road becomes unusable due to sea level rise. This USLFP may have two components – enable EQPB process the environmental assessment to fill the submerged land and later to build the aforementioned structures once this proposed filling of submerged land in Urung is completed. Hence building of structures after filling this site may require another EQPB process because of its close proximity across to the eastward healthy mangroves. An initial terrestrial walk survey was conducted on June 28, 2018 to get an overview of the vegetations, bird and animals associated or found in the site. And on July 3, visited the site again for the second time to observe the high tide at 09:54 A.M. to see how it flows through the culvert and to what extend through the site and to resurvey for vegetations, birds and animals and to observe in-order to absorb the feel of the environment of the site. Visited the site again on July 7, 2018 with plant expert Mr. Naito Soaladaob to resurvey and identify vegetations. 6 The Urung Submerged Land Fill Project (USLF) Theo Isamu Freelancing Consultant Company P.O. Box 1694 Koror, Palau 96940 Tel No. H 680 488-5352/MP 778-2597 During the site survey, the site was noted and estimated to be composed of 65% Tebechel- Rhyzophora mucronata. List of other plants identified are in Figure 1 and Birds in Figure 2. Most if not all species of bird seen and heard during the survey are transitional and are just occasionally utilizing the area. Especially the Morning Birds identified in particular place are not transitional or occasionally utilizing the area as during these three visits they seem to have being remained or aggregated in a confined dense Ngesngesil close to the road.