Environmental Procedural Summary

ANNEX III

ENVIRONMENTAL PROCEDURAL SUMMARY

Motorway D1 Fričovce – Svinia

1.1 Project

1 Introduction 1.1 Project 5

1.2 Purpose of this Report

1.3 Structure of this Report

2 Project and Site Description 6

2.1 Description of the Project and Site Description

3 The Environmental Impact Assessment 11

3.1 The Valid Legislation in Slovakia

3.2 The Valid Legislation in EU

3.3 The Overview of the EIA Process 13

3.4 The Baseline Environmental Study

3.5 The Examination Procedure

3.6 The Assessment Report EIA 14

3.7 The Expert Opinion 18

3.8 Final Decission

4 Territorial Decision 19

4.1 Introduction

4.2 Mitigation measures and Monitoring

4.3 Consultation (Public hearings) 20

5 Building Permit 24

5.1 Introduction

5.2 Mitigation Measures and Monitoring

5.3 Consultation (Public hearings) 25

6. Mitigation 31

7. Natura 2000 32

7.1 Introduction

7.2 Natura 2000 Sites 33

7.3 Natura 2000 Declaration

8 The SEA (Strategic Environmental Assessment 37

9 The OPD (Operational Transport Program) 39

10 Ongoing Monitoring 40

Picture no. 1 The Šariš Castle 7

Picture no. 2 The Mansion Fričovce in the Past 8

Picture no. 3 The Mansion Fričovce Today

Picture no. 4 The Virgin Mary Church from year 1274 9

Picture no. 5 The Cave “Zlá diera” (Evil Hole) 10

Picture no. 6 The Kopytovská dolina (valley – canyon with rocky cliffs and waterfalls)

Picture no. 7 The Source of the Salvator Mineral Water

The Monitoring of Groundwater, Surface Water, Supply Points

The Noise Monitoring (monitoring areas/profiles)

Climate (The Air Quality) Monitoring (pollutions) – Monitoring profiles

Biota Monitoring

Tables:

1. Process Overview of the EIA

2. Baseline Environmental Study D1 Hybe – Prešov and its Alternatives 14

3. Public Consultation / Comments on Assemssment report 17

4. Monitoring from The Documentation for Territorrial Decission 19

5. Consultation (Public hearings) 20

6. Monitoring for the Documentation for Building Permit 24

7. Consultation (Public hearings) 25

8. Proposed Measures in the EIA Process, Territorrial Decission and Bulding Permit

Abbreviations

UEV Territory of European Importance

CHVU Protected Birds’ Territory

MDVRR SR Ministry of Transport, Construction and Regional Development of the Slovak Republic

MDPT SR (abbreviation used till year 2010 for Transport, posts and telecommunications)

MZP SR Ministry of the Environment in Slovak Repuplic

CHKO Area with high protection

DSP, DBP Documentation for Building Permit

DUR, DTD Documentation for Territorial Decision

DRS,TD Documentation for the Realization ,Tender Design

ZSR The Railways of Slovak Republic

SSC The Slovak Road Administration

SOP SR The State Nature Protection of Slovak Republic

NR SR National Council of Slovak Republic

TS Technical Study

Annexs:

Annex no. 1 Situation of considered sections“ The Baseline Environmental Study D1 Hybe – Prešov, 1993

Annex no. 2 D1 Fričovce - Svinia: The Variants scoped in the Assessment Report

1.1 Project

Annex III describes stages project documentation development to the D1 motorway section Fričovce - Svinia, route direction development from technical study up to building permits, and monitoring of environmental components of selected components. It describes in detail the EIA process and all the steps by which the documentation for this section was prepared. The anex also indicates the dates of all major public hearings and meetings regarding the D1 motorway section Fričovce - Svinia. The most important notice sources of this annex, I should mention the situation and tables, which record important information about the section with detailed legends.

Section will follow the D1 motorway running from the junction "Fričovce" to the junction "Svinia", which is currently in operation. That section is part of the route corridor Bratislava - Kosice.

1.2 Purpose of this Report

Annex III Project Environmental report was written as an annex to the Application of non-repayable grant. It describes the whole process EIA (EIA environment assessment) from its basic study "Initial Environmental Study D1 Hybe - Prešov, 1993", which in this case replaced the intention, it describes complete EIA review process including the assessment report on D1 Fričovce - Prešov, public hearings , report or Final Decission, territorial decision and building permit. Other parts of the project contain information on Natura 2000 territories and their importance in respect of the road (motorway) corridor, SEA and operation transport program. Finally we come to the part of the ongoing monitoring of environmental media in the affected section of D1 Fričovce - Svinia which thus took place at a stage prior to construction, will run throughout the construction period and in the first year of activating D1 motorway Fričovce - Svinia into service. Important parts of the project are pictures and tables in particular, often used in the project or map foundations.

1.3 Structure of this Report

Chapter 1 describes the introduction to the EIA process of assessment impact for the affected section D1 Fričovce - Svinia including general geographical and historical description.

Territory description affected by the D1 Fričovce – Svinia construction is in chapter 2.

Chapter 3 describes the whole process of assessment impact on environment EIA from the opening "Initial environmental study D1 Hybe - Prešov, reports and assessments, technical expertise up to the Final Decission.

Chapter 4 is devoted to Territorial Decision, its comments and monitoring.

Chapter 5 is devoted to Building Permit, its comments and monitoring.

Chapter 6 contains information on "actions/measures" throughout the EIA process, territorial decision and building permit. Natura 2000 and its impact on the affected section D1 Fričovce - Svinia, or the impact of construction of D1 Fričovce - Svinia to Natura 2000 territories.

Chapter 7 informs about Natura 2000 territories and its impact on the affected section D1 Fričovce - Svinia, or the affect of construction of D1 Fričovce - Svinia to Natura 2000 territories.

Chapter 8 informs about strategic documents SEA, respectively, on the Initial Environmental Study.

Chapter 9 describes the Operational Program Transport OPD and cooperation MDVRR SR and NDS within the OPD.

Chapter 10 summarizes ongoing monitoring of environmental components, its content, scope, number of measurements and measuring frequencies.

2 Project and Site Description

The route of the D1 motorway Fričovce - Svinia is situated in Prešov region in Saris uplands in Prešov district and passes through the territory of cadastral municipalities Fričovce, Hendrichovce, Bertotovce, Chminany, Chminianska Nova Ves and Svinia. Section will follow the motorway in operation from the junction "Fričovce" to the junction "Svinia", which is being prepared (just before the construction). That section is part of the route corridor Bratislava - Košice. The section is designed in the category D 26.5 / 100. The total section length is 11 217 m. The purpose and aim of the construction is to complete the basic motorway traction, improve conditions for international and domestic transport. Construction of the motorway will significantly improve transport - operating conditions for transit traffic.

The section will consist of 16 bridges, out of which 15 bridges will be situated on the motorway and over it. Small two-way landing will be situated in the solved motorway section. Motorway equipment is proposed in the standard level (telecommunications equipment, ice detectors, traffic counters, intercepting crash barriers, road signs and others). Vertical alignment of motorway route is tailored to the territory relief - the motorway crossing points across the valley or there are already mentioned bridges designed above road entities (16 bridges).

The motorway in this section passes through Saris highlands, at the end of the section also through Košice basin. The territory belongs to the region Saris. Saris region used to be Ugrian county. In the north bordering with Poland, western frontier region is formed by Spis county, border in the east is created out of Zemplin county and the south Abov-Turna county. Saris region consists of river basins Torysa, Topla and Ondava. Rivers Poprad and Hornad also flow through it. Saris highlands are extended in the south west. The highest peak of the region is Mincol (1157 m) in Cergov mountains. The historical centre of Saris was Saris castle since 1647 it is Prešov. Charter of 11th century witness the Saris was part of Hungary. This area was hit by Turkish looting. Mostly Slovak ethnicity was completed of Ruthenia and Ukrainian ethnicity in 15th century after Wallachia colonization. In 1918, Saris became part of Czech-Slovakia.

The territory Saris is part of Prešov region today. The major landmarks of the territory, which the motorway section in question will pass, I can perhaps mention a renaissance mansion in the municipality Fričovce dating back to 1630, the funeral chapel in the ampere style of Splenyionci

generation from 1811, already mentioned Saris castle from 1245 is one of the largest medieval castle in Slovakia, Salvator mineral spring, cave Zla diera opened in 1999, a late baroque church of St. Bartholomej the apostle of the year 1737 - 1738 in the village Fričovce, late - classical mansion from 1830 and St. Martin church from 1865 in the late classical style in the village Bertotovce, classical mansion in 1832 and St.Stephen protomartyr from the second half of the 14th century built in Gothic style and later rebuilt in baroque style in the village Hendrichovce, mansion of a late baroque style from second half of the 18th century and church of St. Paul the Apostle from 1782, built in baroque - classicist style in the village Chminianska Nova Ves, the church of St. Michael Archangel of 14 century in the village Chminany, classical mansion in the mid-19th century, mansion from the middle of 18th century in classical style, the church of Virgin Mary from 1274 and roadside Chapel of St. John Nepomuk from 1834 in the village Svinia.

Picture no. 1 Saris castle

Picture no. 2 mansion Fričovce in the past

Picture no. 3 mansion Fričovce today 8

Picture no. 4 Virgin Mary church from year 1274

Picture no. 5 Cave Zla diera (Evil hole)

Picture no. 6 Kopytovska dolina (valley)(canyon with rocky cliffs and waterfalls)

Picture no. 7 Source of Salvator mineral water

3 The Environmental Impact Assessment

3.1 The Valid Legislation in Slovakia

The EIA has been introduced into Slovak law by the Act no. 127/1994 Col. Provisions of the Council Directive 85/337/EHS (hereinafter only the „EIA Directive“) and UN ECE Convention on EIA in a Transboundary Context (Espoo Convention) were taken into consideration on its preparation.

Evaluation of projects, which could have a significant impact to Natura 2000 localities, is stipulated in the Art. 6 of the 92/43/EEC Directive that has been implemented into Slovak law by provisions of Section 28 of the Act no. 543/2002 Col., on Protection of Nature and Landscape“. Environmental impact assessment (hereinafter only the „EIA process“) has been carried out according to the Act no. 127/1994 Col.

„D1 Fričovce - Svinia motorway“ was assessed according to the Act no. 127/1994 Col.. Final statement resulting from the assessment process was issued on 22.7.1997.

As for providing information to the public, the right of the public to information on designed activity and to consultations was satisfied in the Act no. 127/1994 Col.

3.2. The Valid Legislation in EU

Following regulations were adopted at the EU level for environmental impact assessment:

Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by the Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC and by the Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public

participation and access to justice the Council Directives 85/337/EEC and 96/61/EC. (hereinafter only the „EIA Directive")

The EIA Directive is used for evaluation of projects (constructions, Devices and other activities). Council Directive 85/337/EC, as amended by the Council Directive 97/11/EC, was in force in the time of assessment of effects of D1 Fričovce - Svinia project.

The SEA Directive is used for evaluation of plans and programmes – according to definition in the SEA Directive – „plans and programmes shall mean plans and programmes, including those co- financed by the European Community, as well as any modifications to them.“ The SEA directive has entered into force on July 21, 2001 and member states assured harmonization with the Directive by 21 July 2004.

Time sequence of environmental impact assessment is as follows: The first stage : SEA for plan and program which forms a frame for project implementation; The second stage : EIA for specific project .

Act No 24/2006 transpares these Directives in Slovak language.

3.3 Overview of the EIA Process

Tab. no. 1 Process overview EIA

Tab. 1 Chronology of assessment process on section D1 Fricovce - Svinia Documentation title Concerned corridor/section Year Contractor Initial environmental study D1 Hybe - Presov 1993 Pragoproject replaces Plan by 127/1994 Z.z. Assessment scope D1 Fricovce - Presov 1996 MZP SR Process EIA Report on environmental impact D1 Fricovce - Presov 1996 Dopravoprojekt Technical study D1 Fricovce - Presov 1996 Dopravoprojekt Assessment D1Fricovce - Presov 1997 Ing. Belic, Evis BB Concluding observation D1 Fricovce - Presov 1997 MZP SR and MDPT SR

The designer of intention (Directorate of Motorways in Bratislava, Slovakia) submitted in July 1993 to the Ministry of Environment (hereinafter the MZP SR) "Initial environmental study" of the D1 motorway Hybe - Prešov section with the opinions from the concerned authorities and municipalities (§ 7 and 22 of the Act NR SR No. 127/1994 Z.z.) about the assessment of impacts on the environment. This study began the process of assessing impacts on environment of the proposed activity. MZP SR established in accordance with § 12, subsection 2, for the motorway section Fričovce – Svinia as of February 14, 1996 scope of assessment for the assessment report. Time table has not been established. Impact assessment has been completed by conducting observation of the Ministry of Transport, Posts and Telecommunications according to § 20 Act no. 127/1994 NR SR Z.z. about the assessment of environmental impacts (the Act) as of March 7, 1997. The course of the EIA process is described in other chapters of this project.

3.4 Baseline Environmental Study for Motorway D1 Hybe – Prešov, 1993

In the first stage of assessment EIA was firstly prepared the Initial environmental study, which according to Law No. 127/1994 Z.z. replaces in this case the intention. VES has been developed for the corridor of motorway D1 Hybe - Prešov. It describes the most important environmental characteristics, impacts on environment, mutual assessment of the entire corridor variants Hybe up to Prešov, thus all sections of motorway under consideration in the VES. Of course that in all cases is considered also the zero option (a condition that would occur if the construction of motorway in this section was not realized). Number of section variants considered in the Initial Environmental Study, hereafter VES was defined on labour negotiations of the working experts group on March 27, 1992 in the development of VES itself, with fact that in the D1 Fričovce - Svinia section were designed two variants (red and green variant) other than zero.

Table number 2 describes all variants of the proposed sections considered in the initial environmental study, their length and their current and original names, it also describes the state of preparation or service.

Tab. no 2 Baseline environmental Study VES D1 Hybe - Prešov

Intention of EIA – Initial environmental study from 1993 D1 Hybe - Presov and comparison with current motorway sections Sec. Sec.name original D1 Length (km) No.of variants Current name of D1 sec length (km) Implementation status Year of opening A Hybe - Vazec 10,63 1 Hybe - Vazec 10,63 in early use 2000 Važec - Mengusovce 12,225 submitted 2008 Mengusovce - Janovce I. sec- 8 in early use 2009 B Vazec - Janovce 38,075 6 Mengusovce - Janovce II. sec 6,23 in early use 2008 Mengusovce - Jánovce III. sec 11,62 in early use 2008 1 basic variant Jánovce - Jablonov II. sec 9 In implementation 2015 Jánovce - Jablonov I. sec 9,54 In implementation 2015 C Janovce - Beharovce 27,073 in early use 2010 bypass Studenca Jablonov - Studenec 5,21 implementation II. profile 2012 Studenec - Beharovce 3,323 In early use 2010 1 basic variant Beharovce - Fricovce 13,945 submitted 2004 bypass Bertotovce Fricovce - Svinia 11,217 in preparation ??? D Beharovce - Presov south 41,012 and Chminianska N.V Svinia - Presov west 7,95 in early use 2010 variant in Haniska Presov west-Presov south 7,9 in preparation 2019

* Variant colours correspond to map in annex no. 1 (colour codes for each sector).

3.5 Examination Procedure

Assessing authority the Ministry of Environment established on February 14, 1996 in the "scope of assessment" within the meaning of § 12, subsection 2 of Act No. 127/1994 Z.z. that the assessment report includes available data according to the Annex. 3 of Law 127/1994, taking into account comments from stakeholders, especially the opinions of affected municipalities during the motorway construction and its operation. For a more detailed assessment is in addition to the zero variant identified to assess the 2 variants.

3.6 Assessment Report

"Assessment Report" (hereinafter Report) of the motorway D1 in section Fričovce - Svinia was developed under the name "D1 Fričovce - Prešov" in 1996. Processor of the assessment report was Dopravoprojekt, Inc. Bratislava. Team of 12 authors participated on its processing, report coordinator was Ing. Jan Longa. In parallel with the evaluation report technical study was prepared, which had the same processor Dopravoprojekt Inc. Three working committees took place in 1996 on the technical study, the conclusions which have been used in the evaluation report. Assessment Report was submitted on February 7, 1997 at the Ministry of Environment. Report content complied with. The complainant of the intention, the Slovak Road Administration in Bratislava (the SSC), submitted assessment report on the D1 motorway to Ministry of Environment for further assessment process. Ministry of Environment forwarded a message to all corresponding, concerned, authorizing authority and the affected municipalities.

The Environmental Assessment Report (EIA) was prepared under the conditions of tender conditions in the following variant solutions: 14

 Variant I – east in the section Fričovce – Chmiňany – Prešov west – Prešov east, length 24,822 km (3 multilevel interchanges and tunnel construction in high of 7,20 m)  Variant IV. – west in the section Fričovce – Chminianska Nová Ves – Prešov west – Prešov east, 24,479 km (in this variant is the tunnel Bertotovce and tunnel Prešov with construction high of 7,20 m and 3multilevel interchanges)  Variant IV. – I. – connection of variant IV to the variant I between the municipality Bertotovce and municipality Chmiňany (set as a requirement for consideration in the scoping of the project)

The proposed alternative options, including variant IV. the variant I, as well as alternative leading of the D1 motorway near the village Haniska create different combinations of solutions in the section Fričovce - Prešov (as it was assessed in the Environmental assessment report).

Length of the sections is: Ia 6,212 km Ib 5,005 km Ic 10,164 km Id 3,440 km IV - I 5,406 km IVa 1,387 km IVb 9,605 km V 3,321 km

Combinations of these sections generate these modifications of routes:

Route č. 1 Ia + IB + Ic + Id 24,821 km

Route č. 2 Iva + IVb + Ic + V 24,477 km

Route č. 3 Iva + IVb + Ic + Id 24,596 km

Route č. 4 IV a + IV – I + Ib + Ic + Id 25,280 km

Route č. 5 Iva + IV – I + Ib + Ic + V 25,280 km

Route č. 6 Ia + Ib + Iv + V 24,702 km

The Route of the Variants modification from the Assessment Report

3.6.1 Public Hearings /Consultation

Public hearings were announced by radio, information blackboard at the village office by municipality, according to the SR Act no. 127/1994 Z.z.., in 7 days when the municipality delivered the EIA Report. It was able at the village office for 30 days( as it is written in the law). Summary of report is in Chapter Xc in Non Technical Summary.

Public hearing about the evaluation has been carried out in affected municipalities by course of law § 17 NR SR no. 127/1994 Z.z., in following terms:

1. Public hearing in municipality Haniska, Petrovany date 07.04.1997

2. Public hearing in municipality Chminianska Nova Ves date 09.04.1997.

3. Public hearing in municipality Chminany date 09.04.1997.

4. Public hearing in municipality Bertotovce date 10.04.1997.

5. Public hearing in municipality Hendrichovce date 10.04.1997. 16

6. Public hearing in municipality Fričovce date 07.04.1997.

7. Public hearing in town Prešov date 08.04.1997.

8. Public hearing in municipalities Svinia and Kojatice date 08.04.1997.

3.6.2 Assessment Report comments

Within the statutory deadline to have the assessment report on the Ministry of Environment there were received written opinions of relevant authorities, affected communities and the public.

Tab. no. 3 Opinions on The Assessment Report D1 Fričovce – Prešov (only for section D1 Fričovce – Svinia)

Affected subject, authority Opinion City Office Prešov Consistent opinion without comment

Civic Association "My a disagreement with the variant south of the village Haniska(red) dialnica" they tend to use blue variant in village Haniska under following ‘’Us and the motorway’’ conditions: move motorway to the north, locate building yards away from the village, ensure that construction will not damage build in objects and family homes, ensure complex protection against severe effects, in case of demolition and land occupancy provide adequate replacement in terms of legal law.

Ministry of Agriculture the blue variant is the one considered in terms of minimizing SR the temporary remote of land and waste dumps, settling landfills outside of arable land and deal with it mainly in non- agricultural soils District Office in Prešov environmental Consistent opinion with variant 2 with measures regarding department revitalization of land after end of motorway construction Disagree with variant I, the best variant for village is no IV (blue, unless the home demolitions occurs, new access roads will be built to the lands, the shot will land only upon payment, land used as a temporary shot in the construction after completion of the work to its original state, the construction District Office should not be polluted streams in bridge objects to be near Hendrichovce family. home required to build noise barriers, occupancy will happen after payments, lands will be used as temporary occupancy during the construction and will be put in original state after the end, no creeks should be polluted, requesting to build anti noise walls near bridge structures which are situated nearby family homes

District Office Bertotovce Recommends route lead via green variant (IV-I), variant I is not accepted for the village. Ministry of Defence SR require to reconcile conflicts of interest with the Ministry of

Defence via Ministry VUSS Košice because of the motorway transition through buffer zone of military training ground

Ministry of Culture SR Leans to variant II, remarks require precision of bearings sites, which will not be affected by District Mining Office KE the motorway construction according to the assessment report.

Recommend route no. 5 and recommends carry out Division of Geology and engineering geological survey concentrating on landslide Natural Resources problems and then choose the most optimized route

Regional Office in prefers variant 2, requires ensuring the base of protection and Prešov, department of use in land resources resulting law of protection PPF land

Require within DUR to identify areas for the selected route for Regional Office Prešov, the dumping site, specifying the amount of soil, DUR picture Department of Planning, important habitants and gene locations, accurately locate Protection and migration corridors for amphibians, review localization between landscaping villages Chminany and Bertotovce, recommend variant 2 or 6

Slovak Environmental Recommends variant 2, which is more acceptable by Agency environment

The implementation for the opinions will be done in Documentation for Territorial decision and Documentation for Building Permit (DTD and DBP).

3.7 Expert Opinion Expertise to the Report on the evaluation of motorway D1 in section Fričovce - Prešov was developed based on the establishment of report processor on the Ministry of the Environment. The report processor was Ing. Julius Belic, EVIS, Banska Bystrica. The assessment was prepared on the basis of materials submitted by the Ministry of Environment and the complainant - the assessment report with annexs, technical studies, minutes of public consultation report, the views of concerned authorities and affected municipalities. The expertise had reviewed in detail the scope and content of assessment report and proposed the finalization of problem areas in the next stage of design documentation.

3.8 Final Decision Assessment EIA has been completed to the final opinion of the Ministry of Environment in collaboration with the Ministry of Transport pursuant to § 20 Act no. 127/1994 Z.z. as of July 22, 1997. The comprehensive impact assessment of the D1 motorway on the environment in section Fričovce - Prešov is recommended as the most preferred variant no. 5 in terms of evaluation report.

4 Territorial decission

4.1Introduction

Territorrial Decission has been requested on 3.08.2007. Territorrial Decission has been issued by the town Prešov liner construction D1 Fričovce - Svinia on 18.10.2007 with conditions that were to be met (incorporated) in the next stage of design. Territorrial Decission has been valid on 18.12.2007. Liner motorway D1 construction Fričovce - Svinia will take place on land in cadastral areas Fričovce, Hendrichovce, Bertotovce, Chminany, Chminianska Nova Ves and Svinia.

Table no. 4 The Chronology of Territorrial Decission

Territorrial Deccision Date of Request for Territorrial Decission 3.8.2007 Date of Issue of Territorrial Decission 18.10.2007 Date when Teeritorrial Decission has been valid 18.12.2007

4.2 Mitigation Measures and Monitoring

The proposed section D1 Fričovce - Svinia has prepared a number of projects monitoring. Ing. D Skuban, Dopravoprojekt Division Prešov prepared number of monitoring projects from the Documentation for territorial decision decission from February 2007.

Table no. 5 Monitoring from The Territorial Decission

DTD Before the construction Compoment Number of Sites Monitoring Sites Frequency stability of slopes 2 S1 and S2 Initial Monitoring Surface Water 2 PV1 a PV2 Initial Monitoring Ground Water 1 HV1 Initial Monitoring Noise 2 HVM1 a HVM2 Initial Monitoring imisie 1 IM1 Initial Monitoring lesný porast 1 LP1 Initial Monitoring biota 2 B1 and B2 Initial Monitoring

During the construction Compoment Number of Sites Monitoring Sites Frequency stability of slopes 2 S1 and S2 2x yearly Surface Water 2 PV1 a PV2 1x yearly Ground Water 1 HV1 1x yearly Noise 2 HVM1 a HVM2 2x yearly Air quality 1 IM1 1x yearly Forest vegetation 1 LP1 1x yearly biota 2 B1 and B2 1x yearly

During the operation Compoment Number of Sites Monitoring Sites Frequency stability of slopes 2 S1 and S2 1x yearly Surface Water 2 PV1 a PV2 1x yearly Ground Water 1 HV1 1x yearly Noise 2 HVM1 a HVM2 2x yearly Air quality 1 IM1 1x yearly Forest vegetation 1 LP1 1x in 2 years biota 2 B1 and B2 1x in 2 years

4.3 Negotiations with public and concerned authorities

All relevant concerned authorities and the public are mentioned in territorial decision decision. In the preparation of territorial decision decision has been taken into account all comments made during the regional ruling parties and concerned government authorities.

All comments and suggestions from concerned government authorities and organizations are coordinated and included in territorial decision decisions. Opinions of the affected municipalities, institutions and entities are listed in Table. 6.

Table no. 6 Comments of Authorities on Territorrial Decission

Affected subject Opinion Implementation in project a) Consult with representatives of the municipalities the crossings It will be implemented during the construction. along local roads during construction b) Only use roads selected by It will be implemented during the construction. municipality.

c) Construction contractor shall ensure that the damage to local roads, field routes, and It will be implemented during the construction. lands would be put to the Municipality original state. Chminany: This requirement is accepted. Proposed motorway D1 crosses d) Save protection zone in the over proposed water conduit to village Chminany where at the construction of municipality cross point there is protector for the proposed installation of water pipeline. water mains stored. Access to lands is provided from existing roads (road III/018 189, III/018 190, III/018 191 and III/543 009), from access roads in km 80,4 (section 110-00), 81,2 (section 111-00), 81,3 (section e) Ensure access to 112-00), 81,9 (section 113-00), 82,6 (section 114-00), 83,5 purchased lands for permanent (section 115-00), 86,4 (section 116-00), 79,8 (section 117-00), occupation and other lands 88,4 (section 118-00), in km 89,8, in km 88,115 and in km remaining outside. 87,610 there is designed brightness lock 2x2,5 m for pedestrian access on motorway D1. In km 88,4 up to km 90,3 there is access on lands south from the motorway ensured by access 20

road connected from road IIII/018 191 .

f) Build bridge structures over All field and access roads are grade-separated cross of the all field routes and creeks within motorway D1 using the proposed bridge structures. Similarly, all motorway construction. streams are bridged with the proposed bridge opening ensuring high water conversion. g) Within the construction of Designed protector for shoulder of proposed water pipeline is at the motorway to place the 86,5 of motorway D1. protector for construction of water supply in terms of documentation submitted by the municipality Chminany.

h) Ensure bridge locks with All bridge objects going beyond the valleys and streams are anti noise adjustment and designed with silent bridge locks, handrail with transparent filler review anti noise wall in object is designed on bridges at the side of built-up area preventing 211-00 bridges. noise extension. For bridge structures 211-00, 212-00, 213-00 of the municipality and Chmiňany Chminianske Ves designed Transparent anti noise wall at the height of 3.0 m is designed on bridge objects 211-00, 212-00, 213-00 from the side of villages Chminany and Chminianska Nova Ves .

a) Build anti noise walls and a) All bridge objects going beyond the valleys and streams are fit steel bridge locks over designed with silent bridge locks, handrail with transparent filler Stefansky potok in km 80,5 and is designed on bridge above Stefansky potok. on bridge over Lazny potok in km 81,1 to prevent the sound flow. b) Lead the access road to The access to all properties will be implemented in the the bridge in km 80,5 so it construction. would serve purpose of local road to family residence reg.no. 88 and 57. c) Check water surface status Check the water level in wells is proposed as part of monitoring in village wells before the start before and during the implementation of motorway construction. Municipality of motorway construction. Hendrichovce: d) Before carrying out Suggested inspection of family homes status during motorway shooting works during construction in case of shooting by highway construction within construction, check the status of monitoring and during implementation. construction in the village. e) Consult with representatives of the municipalities the crossings It will be implemented during the construction. along local roads during construction and only use those recommended by the village. f) Ensure access to The access to all properties will be implemented in the purchased lands for permanent construction. occupation and other lands remaining outside. 21

g) Realize refill with soil from dumping site, excess soil obtained from affected catastre so the soil remained within Any excess soil, or unsuitable soil in embankment will be placed territory, in this case in location on this site. Vysne Luky.

h) Damages caused by motorway construction to private or municipality properties would be removed or Requirement is passed to the contractor . paid by the contractor.

Surface water captured in the longitudinal drainage ditches, i) Ensure water drain to local water drains from the motorway will be diverted directly into streams. watercourses in the construction area.

a) Ensure the building of Municipality access roads to forest land There is access road designed in km 88,4 up to 90,3 Chminianska drawn parallel to the placement (construction sector 118-00) category P 4/30 connected from Nova Ves: of construction D1 in km 81,4 road III (018 191 to Ondrasovce. up to 89,4.

b) Requesting to move the route of motorway in km 83,0 – 84,0 in 50 m north as it was Request was accepted in documentation for territorial decision Municipality originally planned, so the decision. Based on noise study results in section 83,3 up to 83,7 Bertotovce: motorway route did not interfere km anti noise wall long 3,0m is designed there. to area of farm yard. We further request to build anti noise wall in section 83,4 – 83,8km.

c) Access for pedestrians to Given the spatial location of the D1 motorway in the 89.8 km the our forest would suit us as well designed transparent brightness outlet 2x2,5 m (wxh) allowing as access with truck beyond pedestrian access to forest lands, access road 118-00 will serve Forest motorway to the south side the purpose of truck entry. community where the lock in km 89,8 is „JEDLE“ spol. planned. Chminianska Nova Ves:

Meeting d) Solve and embed lock DN participant – 1200 long 50 m in motorway D1 Jozef Antol, section at km 88,47, in order to Designed proposed lock DN 1000 in km 88,47 Chminianska protect environment, ecology Nova Ves no. and self irrigation of lands. 173:

e) Consult with leadership of KARPATOVKA, Ltd. Meeting Chminianska Nova Ves no. 166 participant – – operation Chminany the form KARPATOVKA, Access road as well as solution of its crossing with motorway D1 of lead in case of access road Ltd. was consulted with representatives of corporation Karpatovka, under the bridge in km 86,325. Chminianska Ltd. and implemented during construction. The proposed landfill topsoil in Nova Ves no. front of the bridge is in 88.4 km 166: over steep slope, falling towards river Svinka.

Meeting participant – Ing. Martin f) Temporary access road Topor, in km 83,4 is built onto bridge Access road is designed as permanent road with fixed reinforced Bertotovce 134 83,5 km. I request reinforced finish. raised the asphalt road on land no 11. following request:

5 Building permit

5.1 Introduction

Ministry of Transport, Posts and Telecommunications issued a public notice no. 114885/2008- 2331/z.53048 on 26.11.2008 building permit for the construction of D1 Fričovce - Svinia. In the affected villages (Fričovce, Hendrichovce, Bertotovce, Chminany, Chminianska Nova Ves and Svinia) it reported on building permits plotting the present construction regulations on the official board of the municipality for a period of 7 days and it also informed about the matter in public broadcast radio.

Chronology of the Building Permit

Building Permit Date of Request for Building Permit 10.7.2008 Date of Issue of Building Permit 26.11.2008 Date when Building Permit has been valid 18.12.2008

5.2 Monitoring and territorial decision opinions

Detailed monitoring of environmental components is provided in the documentation for building permit as of April 2008, prepared by Dopravoprojekt, Inc., division Prešov. Information regarding the number of monitoring profiles or points of delivery, monitoring frequencies and monitoring the components prior to construction, during the construction and commissioning are listed in Table 6.

Table no. 7 Monitoring from the Building Permit

DBP Before the construction Compoment Number of Sites Monitoring Sites Frequency stability of slopes 3 S1 and S2 and S3 2x yearly Surface Water 3 PV1 and PV2 and PV3 Initial monitoring Ground Water 1 HG1 Initial monitoring Noise 7 from HVM1 to HVM7 Initial monitoring Air quality 7 from IM1 to IM7 Initial monitoring Forest vegetation 1 LP1 Initial monitoring biota 2 B1 and B2 Initial monitoring

During the construction Compoment Number of Sites Monitoring Sites Frequency stability of slopes 3 S1 and S2 and S3 2x monthly Surface Water 3 PV1 and PV2 and PV3 1x yearly Ground Water 1 HG1 1x yeraly Noise 7 from HVM1 to HVM7 2xyearly Air quality 7 from IM1 to IM7 1x yearly Forest vegetation 1 LP1 1x yearly biota 2 B1 and B2 1x yearly

During the operation Compoment Number of Sites Monitoring Sites Frequency stability of slopes 3 S1 a S2 a S3 2x yearly Surface Water 3 PV1 a PV2 a PV3 1x yearly Ground Water 1 HG1 1x yearly Noise 7 from HVM1 to HVM7 2x yeraly Air quality 7 from IM1 to IM7 1x yearly Forest vegetation 1 LP1 1x in 2 years biota 2 B1 and B2 1x in 2 years

5.3 Opinions and consultations to building permit

Table no. 8 Comments of Authorities on Building Permit

Affected subject Remark Implementation in project District environmental No remarks office, Prešov (climate)

comply with the All necessary permits were conditions set for District provided for project tree felling and environmental implementation (municipalities replacement office, Prešov issued an approval to trees felling planting, comply (natural and and Environmental Ministry with conditions landscape authorized exception, District intended for damage protection) Environmental office Prešov sites of European provided consent) importance

1. diversion of surface water from access roads to flows and ensurance of capturing floating dirt 2. solving District construction All comments will be environmental protection against implemented in the Tender office, Prešov water Design (TD). (waters) 3. provide the necessary hydro calculations 4. security against scouring 5. ensure the capture of pollutants District office in Prešov, Department of Civil No remarks Protection and Crisis Management

Regional Office for No remarks road transport

remarks on the modifications of Cooperation with SVP concerning SVP, Košice streams, flood project preparations protection

1. use a new type of consoles for birds protection – eco protector 2. Adjust object 215 – 00 to dry passage for otter SOP SR, BB 3. Provide the necessary authorization to intervene in the territory of European importance

District office PZ, No remarks Prešov

main requirement is to include resurfacing I/18, this SSC requirement is not consent to the construction incorporated in, agreement with the works District mining No remarks office, Košice Landmark office archaeological Was implemented SR, Bratislava survey Municipality Svinia No remarks Municipality firming gutters for Chminianska Nova Is implemented in Tender Design rainwater Ves

access for Communal forest company is assured from parallel access road on the right side of the D1 motorway in the direction of stationing, which is connected by a bridge over the creek Svinka on existing access road and not consult the near auto camping in Chminianska transition via village Nova Ves as indicated in observe the terms of standpoint of the village transition, to put Municipality Chminany. This remark was raised damage road back to Chminany after the territorial decision its original state, anti decision. Ministry in the notice of noise barriers, initiation pointed out that it does transitions to forest, not take into account the opinions passageways and expressions of affected authorities to objections and remarks of participating parties which already were or should have been applied on territorial decision planning and hearings or should be applied after set period.

provided requirements to access the parcels were created after the project documentation. Range of proposed access roads, which was accepted by the village representative at the meeting on March 27, 2008 was design during documentation. Proposed scope of work an excess compare to processed documentation for resolve territorial decision which would Municipality interconnection of mean permanent changes Bertotovce field routes concerning territorial decision decision. Ministry in the notice of initiation pointed out that it does not take into account the opinions and expressions of affected authorities to objections and remarks of participating parties which already were or should have been applied on territorial decision planning and hearings or should be applied after set period.

Municipality No remarks Hermanovce Anti noise walls at 81 km, provide access to the family house 88 and 57, Stefanovsky potok - build barrages to Municipality PHS will be proposed if necessary prevent silting of Hendrichovce based on monitoring streams, check the status of constructions in the village and the state of the wells, resolve ownership

Regulation of road I/18 in this section is not part of construction, road I/18 is in SSC. Therefore this requirement should be addressed to road administrator. As bio corridor for migrating animals Temporary there is designed valley of connection Fričovce Libesiansky creek and not the motorway – ensure corridor between the mountain the turn to Fričovce - Vtacia hora and Libesiansky creek. Lipovce - establish It would require permanent Municipality connection corridor changes concerning territorial Fričovce for animals decision decision. Ministry in the migrating in notice of initiation pointed out direction Vtacia hora that it does not take into account - Libesansky les, - the opinions and expressions of use grit boulders to affected authorities to objections fill shores of Svinka and remarks of participating parties which already were or should have been applied on territorial decision planning and hearings or should be applied after set period.

If earlier raised requirements will be Forest Community accepted – no JEDLE, CH. Nova remarks (bridge Ves object to forest passage)

All coments will be implemented and requirements will be done later.

The details of realization of project is up to constructor, because of Yellow the Fidic. The mitigation measures will be checked whether will be implemented in constructor design.

6 Mitigation

Table Proposed mitigation measures through the process of EIA, Territorial Decision and Building Permit

Baseline Environmental Study D1 Hybe - Prešov, 1993 Implementation clima vehicle use, micro climate detail solved after post - projected preparartion implemented in the desidn Climate air pollution planting new vegetation, acoustic and anti exhalation greenery implemented in the design noise protection acoustic walls, ground val, acoustic greenery, partially tunel DTD,DBP,TD section A there are no acoustic measures DTD,DBP,TD noise section A+B (variant I and II) total length of acoustic walls 4 300 m, area 15 505 m 2 DTD,DBP,TD section C (variant I a I + III) total length of acoustic walls 2800 m, area 9800 m 2 DTD,DBP,TD section D (variant I + IV + V) total lenght of acoustic walls 11 600 m, area 40 600 m2 DTD,DBP,TD section A 1 retention, 1 sedimantation tank a nd34% motorway length is necessary to drain through this tanks DTD,DBP,TD section B max 2 retention, 4 sedimentation tanks, % sewerage depends on specific variant 0 - 100 % DTD,DBP,TD surface water section C (variant I and I + III) max 5 retention, 8 sedimentation tanks % sewerage depends on specific variant 98 - 100% DTD,DBP,TD section D (variant I + IV + V) max 3 retention and 13 sedimentacion tanks 0 - 100 % sewerage of motorway length DTD,DBP,TD proper drainage system, remporary reduction of HPV during construction, temporary replacement of soft soil for rocky DTD,DBP,TD underground water all sections material soil no measures are proposed in this stage of project design visiual improvement of motorway impact, increase of biological territory value, capture emissions anhd dust from DTD,DBP,TD motorways, complete interaction elements of territorial system ecologial stability on local level, consolidation of slopes, vegetation adjustments land protection against water and wind erosion optical coverage of motorway shell and bridge objects, acoustic and exhalation effect technické opatrenia tunel DTD,DBP,TD visual improvement of motorway impact, increase of biological territory value, capture emissions and dust from motorways, complete interaction elements DTD,DBP,TD nature of territorial system ecological stability on local level, consolidation of slopes, protection against water and wind erosion optical coverage of motorway shell DTD,DBP,TD

Assemssment Report D1 Fričovce - Prešov ,1996 Implementácia v projekte necessary to carry out a detailed IG (geological engineering) survey over the entire route, especially in areas of landslide, in critical sections is necessary to geology propose appropriate remedial measures (drainage, retaining walls, anchoring, additional load footings slopes, replacement of low carrying capacity of the DTD,DBP,TD soil) with an emphasis on cuts , pillars, bridges and scaffold bridges realize hydrological surveys in selected sections of the route because of assigned regime and direction of groundwater flow in relation to drinking and mineral water, as well as qualitative assessment of the status quo, detect by the hydro geological survey the presence of preferred directions drain of underground water DTD,DBP,TD rainwater and groundwater and the flow divided by the motorway shell in order to weaken the barrier effect (it can lead to accumulation of rainwater and reduction of soil productivity

with bridge constructions to solve in terms of minimizing impacts on water flows ecosystems, to review proposals for specifications for motorway bridges surface water DTD,DBP,TD and crossings under the motorway in terms of migration of amphibians, exactly localize migration corridors for amphibians

pay increased attention to land use with quality evaluation, use overburden material of biota inventory, process for the construction phase and state administration for the environment, confirm the environmental construction plan with the proposal of preventive measures in cases of emergency and soil and land rehabilitation and suggestion of consequential damages processes, identify areas for the repository specifying the quantity of soil, sensitively handle DTD,DBP,TD architectural aesthetic proposal of shells, pillars, bridges etc., which are in contact with urban areas, realize sensitive vegetation treatment of the pits and motorway facilities together with grade-separated rest areas in order to gradually make greenery of technical product in the country

process motorway route in individual town planning documentations of the affected municipalities, use motorway construction in the benefit of the land planning DTD,DBP,TD municipalities

noise assess the effectiveness of acoustic control measures within the proposed technical solutions in accordance with applicable regulations at critical points in DTD,DBP,TD the motorway routing near the village, based on the results of noise studies to build up a sufficiently high acoustic wall air quality realize anti immission vegetation protection of residences DTD,DBP,TD nature describe the affected major habitats and gene pool locations with the construction of motorways DTD,DBP,TD

determine the interface contact of the ground cover units with rocky foundation, determine the degree and impact of weathering bedrock, determine physical characters of rock properties (modulus of elasticity, deformation, pressure resistance and traction and slide ...), drilling and disconnection and rocks, classified rock excavation for technology design of (NRTM and TBM) according to relevant standards, develop a detailed analysis of the geological environment, minimize construction impacts on water flows and pollution and contamination of soil and groundwater by implementing appropriate measures (reinforcement of landscaping construction equipment, purification of waste water from the site, capturing run-offs) after completion of technické opatrenia construction activities, shall ensure the removal of unused materials and clean the site, protect the biotic important areas during construction by fences with DTD,DBP,TD a strong indication, where appropriate, implement vegetation and minor technical adjustments in order to fauna guidance fauna into openings, build a fence along the motorway before access of the wildlife, set up access roads to agricultural and forest lands, as soon as possible implement vegetation adjustments on motorway slopes, during construction works maintain access roads in dust-free and mud-free state, realize biological recultivation on temporary occupied lands after the end of construction and return to their original purpose, return road used for construction purpose to its original state after the completion

Territorrial Decision Implemention field and access roads will be designed so secure access will be realized to all lands, divided by the motorway, in all the cadastral areas will be made technical measures reclamation of temporary occupied areas (if necessary also biological), then the cultural layer of overburden soil from areas of permanent and temporary DBP,TD occupancy will be used

before construction there we will need trees felling of trees and shrubs under updated Dendrological survey and inventory of trees that can be done only in nature DBP,TD periods during the vegetation break, vegetation modifications will be made on the embankment slopes of motorway shell cuts

Building Permit Implementácia will be implemented in the the implementation of the construction is necessary to keep the National technical norms and technological regulations, protect public interest and construction design, which will environmental regulations related to safety and health at work be prepared by contractor will be implemented in the constructor will mark the construction site in visible place with information blackboard 'construction authorized "with stating the name of construction, construction design, which will builder, contractor, construction manager and responsible construction supervisor be prepared by contractor

will be implemented in the construction design, which will before the start of construction the developer will ensure the setting of construction to competent person (legal or natural) be prepared by contractor will be implemented in the the developer is required to ask land owners of utilities for its exact demarcation before work and follow protection zones during construction construction design, which will be prepared by contractor technical measures will be implemented in the the developer will ensure regular cleaning of roads used for the construction site traffic during the construction construction design, which will be prepared by contractor

will be implemented in the construction design, which will the developer will ensure special technical supervision for all works performed on site as well as authorized supervision be prepared by contractor will be implemented in the the developer will requests correspondent road and administration authorities the determination of portable and permanent traffic signs before starting construction design, which will construction works be prepared by contractor

will be implemented in the after completion of construction phase the developer submits a proposal for a special office to start building up approval under applicable law construction design, which will be prepared by contractor

will be implemented in the noise the developer will provide secondary acoustic measures, if, after completing the construction such need arises from the environmental monitoring construction design, which will be prepared by contractor

*The details of realization of the project is up to the constructor, because of the Yellow Fidic. The Mitigation Measures will be checked whether will be implemented in constructor design or not.

7. Natura 2000

7.1 Introduction

Natura 2000 is the title for a network of protected sites of the European Union member states. The main reason for establishment of the network is an effort to maintain European natural heritage. By means of the NATURA 2000 network of protected sites, the protection of the most rare and endangered wild flora, wild fauna species and natural habitats within the area of the European Union should be provided. Through the protection of the species and habitats of European importance, EU biodiversity should be maintained.

Legal basis for establishment of NATURA 2000 sites is given by two EU legal norms:

1. Council Directive 79/409/EEC on the conservation of wild birds (Birds Directive)“); 2. Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (Habitats Directive).

The above mentioned Directives represent the fundamental law of the European Union in the field of nature protection, known as Natura 2000.

Natura 2000 network consists of two types of sites: - Special Protection Areas (SPAs) designed in accordance with the Birds Directive; Slovak legislation: designation of a separate, new category of the protected area "Special Protection Area"; - Special Areas of Conservation (SACs) designed in accordance with the Habitats Directive; Slovak legislation: designation within the particular already existing national categories of protected areas or their zones. In the first phase, the Sites of Community Importance (SCIs) are identified and sent to the European Commission for approval to be designed as SACs.

Impact Assessment of Plans and Projects on Natura 2000 sites 32

Assessment of projects that could effect Natura 2000 sites is determined by Article 6.3 and 6.4 of the Directive 92/43/EEC. It has been implemented in to the Slovak legislation by the provisions of §28 of the Act No. 543/2002 Coll. relating to nature and landscape conservation and Act No. 24/2006 Coll. that regulates environmental impact assessment, assessment of strategic documents and impact assessment of constructions, equipment and other activities affecting the environment in complex way.

The European Commission issued, in accordance with the EC guidebook for assessment of Natura 2000 sites (Article 6.3 and 6.4 of the „Habitats Directive”), „Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological Guidance on the Provisions of Article 6.3 and 6.4 of the „Habitats Directive” 92/43/EHS (2001).

7.2 D1 Fričovce – Svinia

When considering the Natura 2000 impact assessment process for the D1 Fričovce - Svinia project, it is relevant to explain the legislative importance assigned to the environment during the option development of major road schemes which is not a requirement of the related EU Directives.

Slovak Act No. 127/1994 Coll. on environmental impact assessment, which was valid at the time that the EIA process was undertaken, includes a requirement for a full preliminary environmental assessment of the alternative options under consideration. There is a requirement for full public consultation at this stage, when the comparative environmental impacts are discussed with the public and with statutory consulters, and appropriate mitigation and impact avoidance measures are included in the preferred options for further review.

The Ministry of the Environment will also adjust the focus of the information provided during the preliminary environmental assessment to ensure that the scoping for the final environmental impact assessment of the project - The environmental impact statement – will include all relevant impacts to be identified and reported. The assessment report takes account of points raised during the public consultation on the preliminary environmental assessment and the work leading to the environmental impact statement is designed to ensure that these are taken into account as appropriate.

As, all these above mentioned stages of project development for the D1 Fričovce - Svinia project were undertaken prior to Slovakia’s accession to the EU and the adoption of the Natura 2000 sites in Slovakia, the selected project option had undergone significant environmental assessment and at the time of publication and public consultation on the environmental impact statement included a number of measures designed to mitigate against any possible undesirable impacts on the natural and managed adjacent environment (including those areas which were later to be designated as Natura 2000 sites).

In 1997 was completed the assessment of environmental impacts under the, at that time, existing Act No. 127/1994 Coll. on environmental impact assessment, including changes and amendments of particular provisions.

The Final Statement was issued on July 22, 1997 and it recommended the most advantageous variant no. 5 in terms of the Assessment report submitted. The Building Permit was valid on November 26, 2008.

Route of motorway in this section is proposed in territory, which is under first degree of protection in meaning of the Act No. 543/2002 Coll. about nature and land protection in meaning of later provisions.

7.2.1 Natura 2000 sites

As was mentioned earlier, there exist two types of sites: Special Protection Areas (SPAs) – Birds Areas and the Sites of Community Importance (pSCI) – Habitats, Plants, Animals.

The national list of the proposed protected bird areas was approved by government Act No. 636/2003 from July 9, 2003 and the national list of territories of European importance was approved by the regulation of the Ministry of Environment No. 3/2004-5.1 from July 14, 2004.

ŠOP SR published the Declaration by the authority responsible for monitoring sites of nature conservation importance Natura 2000 to the mentioned project on July 14, 2008. The Declaration presented that the proposed route of motorway does not go through any locality of Natura 2000. The nearest to the proposed route are located territories of European importance – Salvátorské lúky a Kamenná Baba. The Declaration also presented that the project is not likely to have significant effects on a site of nature conservation importance Natura 2000. The route is not near any protected bird area..

In above mentioned Declaration (2008) it is stated that planned section of the motorway is not situated within the Natura 2000 sites (SCI – sites of Community importance and SPA – Special protected areas).

7.2.2 Description of Natura 2000 sites Proposed territory of European importance Salvátorské lúky

Identification Code: SKUEV0321

Size of site: 2, 68 ha

The degree of territorial protection: 4

Validity of protection period: od 1.1. do 31.12. each year 34

Reasoning of protection proposal: Territory is proposed in order to protect habitats with European importance: Lužné vŕbovo – topoľové a jelšové lesy (91E0), Slatiny s vysokým obsahom báz (7230), Vlhkomilné vysokobylinné lemové spoločenstvá na poriečnych nivách od nížin do alpínskeho stupňa (6430), Bezkolencové lúky (6410) and of species with European importance: jazyčník sibírsky (Ligularia sibirica).

Proposed territory with European importance Kamenná Baba

Identification code: SKUEV0207 Size of site: 339, 98 ha The degree of territorial protection: 2, 3, 5 Validity of protection period: od 1.1. do 31.12. each year Reasoning of protection proposal: Territory is proposed in order to protect habitats with European importance: Lipovo – javorové sutinové lesy (9180), Pionierske porasty na plytkých karbonátových a bázických substrátoch zväzu Alysso – Sedion albi (6110), Suchomilné travinnobylinné a krovinové porasty na vápnitom podloží (6210), Karbonátové skalné steny a svahy so štrbinovou vegetáciou (8210), Kyslomilné bukové lesy (9110), Reliktné vápnomilné borovicové a smrekovcové lesy (91Q0), Bukové a jedľové kvetnaté lesy (9130), Vápnomilné bukové lesy (9150), Nesprístupnené jaskynné útvary (8310), Nížinné a podhorské kosné lúky (6510) and of species with European importance: poniklec slovenský (Pulsatilla slavica), črievičník papučkový (Cypripedium calceolus), vlk dravý (Canis lupus), vydra riečna (Lutra lutra), netopier obyčajný (Myotis myotis), netopier brvitý (Myotis emarginatus), uchaňa čierna (Barbastella barbastellus) a podkovár malý (Rhinolophus hipposideros).

7.2.3 Impacts on NATURA 2000 sites during construction and operation

In above mentioned Declaration (2008) is stated that the project is not likely to have significant effects on a site of nature conservation importance Natura 2000. This statement was based on the following reasons:

- the proposed route does not interfere with any protected birds territory, neither is it too close to these territories; - the proposed route of the motorway D1 does not interfere with the proposed territory of European importance Salvátorské lúky, the closest distance is approximately 3,8 km north – west from the beginning of the section; the objects of protection in the mentioned area are species of flora and habitats of European importance, the route of the motorway will not cause direct impacts and we do not consider indirect impacts as significant; - the proposed route of the motorway D1 does not interfere with the proposed territory of European importance Kamenná Baba, the closest distance is approximately 4,5 km north – west from the beginning of the section; besides the the objects of protection in the mentioned area that are species of flora and habitats of European importance, there are also protected vlk dravý (Canis lupus), vydra riečna (Lutra lutra), and four animal species; because of distance of the locality, fact that motorway goes near villages and through woodless area, bridges over water courses will be built to allow migration of otter and the motorway will be fenced, negative impact on terrestrial animal species is not expected; - measures to mitigate possible negative impacts will be realized and were included in the project prior to Natura 2000 screening (shown below);

- the mentioned project was negotiated in accordance with national legislation on territorial planning and building regulation (Act No. 50/1976 Coll. in meaning of later provisions), and after obtaining the opinion of nature protection authorities, following which the territory decision was published and the documentation for the building permit was prepared.

7.2.4 Proposed measures

The project documentation includes several proposed measures to mitigate possible negative impacts on components of environment (not only Natura 2000) during construction and operation, which were consulted with responsible departments of ŠOP SR:

- fencing around motorway to avoid entering animals on road body; - heading of animals to migration sluices by fencing; - bridge objects are designed to allow migration of animals; - construction of noise barriers; - realization of biological revitalization and garden modifications; - designed monitoring of environment. 7.2.5 Monitoring

As a part of the Documentation for the Territorial Decision, the Monitoring of chosen components of the environment, including biota monitoring was undertaken. Monitoring is designed for period before, during and after construction and also during operation of motorway. Habitats of flora and fauna and behaviour of animal migration, which may be influenced by the motorway, will be monitored.

The receiver provided the additional monitoring of the environment along the motorway routes (including Natura 2000 sites, as appropriate) and asked the expression/statement of the potential impact on Natura 2000 to be included in the Final Report. These data were sent to the ŠOP SR, which is helpful in proceedings concerned to project´s assessment, in relation to Natura 2000 sites, as appropriate.

7.3 Declaration by the authority responsible for monitoring sites of nature conservation importance Natura 2000 D1 Fričovce – Svinia

The State Nature Conservation Authority of the Slovak Republic (hereinafter referred as “ŠOP SR”) is a specific professional organization of the Ministry of Environment of the Slovak Republic with a nationwide scope, aimed in particular to undertake tasks in the field of nature conservation and landscape management, including caves under the provisions of the Act No. 543/2002 Coll. the nature and landscape protection as amended and the section to protect species of wild fauna and flora by regulating trade therein under the provisions of the Act No. 15/2005 Coll. species of wild fauna and wild flora by regulating trade, therein and amending certain acts as amended.

ŠOP SR is also working with other professional institutions, aimed at caring for the environment and nature and landscape protection, speleology and related sciences, also with the local government authorities and local government with domestic and foreign scientific institutions and universities, partner organizations abroad and other organizations with an environmental focus, and also with the speleological institutions. 36

ŠOP SR released in August 2008 the Declaration, which stated that it is unlikely that this project had a significant effects on the proposed site of a coherent European network of protected areas (Natura 2000) for the following reasons:

- Motorway D1 Fričovce - Svinia does not pass through protected areas of Natura 2000 sites.

The nearest Natura 2000 sites, which are not expected to be significantly affected are as follow:

- ÚEV Salvátorské lúky (SKUEV 0321) – approximately 3 km from the motorwy; - ÚEV Kamenná Baba (SKUEV 0207) – approximately 3,5 km from the proposed motorway.

Other areas of European importance (ÚEV) are located at a greater distance from proposed D1: ÚEV Šindliar (SKUEV 0320) a CHVÚ Volovské vrchy (SKCHVU 036) approximately 6, 5 km.

8. SEA – Strategic Environmental Assessment

Compliance with the requirements of EU Directives for D1 Fričovce - Svinia project

SEA Directive SEA Directive – The Directive of European Parliament and Council 2001/42/EC of June 27, 2001 on the assessment of the effects of certain plans and programs on the environment. The SEA Directive came into force on July 21, 2001, given that Member States shall ensure compliance with this Directive by July 21, 2004. The SEA Directive could be only applied after it has entered into effect. In the time of evaluation of the project D1 Fričovce - Svinia, the SEA Directive didn’t yet exist, but route of the project was then already a part of several plans and projects and SEA had been already performed with some of those plans and projects.

The Route D1 Fričovce - Svinia motorway is a part of the following plans and programs, which could be a subject to an assessment according to the SEA Directive:

- Trans - European transport network TEN – T, (road network) is defined in the Resolution No. 884/2004/EC of the European Parliament and of the Council; - Concept of Territorial Development of Slovakia – this document was a subject to the SEA in the Slovak Republic, in accordance with the Act No. 127/1994 Coll. (in 1994 and in 1997). SEA according to the Act No. 24/2006 Col., on Environmental Impact Assessment on amending and supplementing certain laws, as amended, is just being performed for changes and amendments to the document, which, among others, relates to the road transport.  Transport Operational Program – its strategic assessment (SEA) was performed on the basis of the EC guidance in the full extent, according to the SEA Directive, and in accordance with the Act No. 24/2006 Coll., which was in line with the SEA Directive in the time of assessment. Statement resulting from the assessment process was issued on February 28, 2007.  New Project of Development of Motorways and Expressways – it defines a network of motorways and expressways. The SEA for changes and amendments to given strategic document was performed in the year 2010.

Above mentioned facts demonstrate that the SEA for various types of the plans and programs establishing a framework for implementation of the project „D1 Fričovce – Svinia“ were performed both before and after efficiency of the SEA Directive, i.e. in accordance with the SEA Directive

9. OPT (Operational Programme Transport)

Operational Programme Transport ("OPT") is a programme document of the Slovak Republic for drawing of assistance from the EU Funds in the transport sector for the years 2007 - 2013.

Its global aim is the support of sustainable mobility through the development of transport infrastructure and the development of public passenger transport. The implementation of this aim will contribute to the improvement of accessibility of the SR, individual regions and their interconnection and to the reduction of regional disparities, promotion of economic activities and enhancement of the competitiveness of the SR.

OPT was approved by the Government Resolution No 1007 of 6 December 2006.

The objectives of OPT will be achieved within six priority axes:

Priority axis 1 – Railway infrastructure Priority axis 2 – Road infrastructure (TEN-T) Priority axis 3 – Infrastructure of intermodal transport Priority axis 4 – Infrastructure of integrated transport systems Priority axis 5 – Road infrastructure (express ways and first-class roads) Priority axis 6 – Railway public passenger transport Priority axis 7 – Technical assistance

In the area of construction and modernisation of transport infrastructure the beneficiaries are its administrators (ŽSR, NDS, SSC) and in the area of modernisation of the rolling stock for passenger railway transport the beneficiary will be the sole operator of railway passenger transport (ŽSSK).

By letter No 12289/2009/SSZMV/z.31987 the application of MTPT SR for provision of bases to the transport infrastructure projects for implementation from the Operational Programme Transport 2007 – 2013 was delivered to NDS. The required bases included documents required for the preparation of the Report on monitoring of environmental impacts of the Operational Programme Transport for the years 2008 and 2009.

10 Ongoing monitoring of environmental elements in section D1 Fričovce – Svinia

Tender for environmental components contractor has been run within the monitoring effects of the D1 motorway construction Fričovce - Svinia to the environment in January 2010. The Content of this tender in section D1 Fricovne – Svinia is components water (surface and groundwater), pollution and noise and biota.

The winner and the main coordinator of this tender for the environmental component elements water, noise, pollution and biota monitoring of environmental elements, water, noise, air pollution and biota to the D1 motorway section Fričovce - Svinia was won by company Water Resources Slovakia.

Construction of D1 motorway Fričovce - Svinia represents the construction of the motorway length 11 217 km.

The tender subject was monitoring of environmental components prior to construction, during construction and 1 year after commissioning.

Monitoring of surface water: monitoring will be done in 4 sites on 7 supply points.

 stream Jakubovianka municipality Chminany (km 87,150 D1) – over and below motorway PV1,PV2  stream Svinka (km 90,800 D1) – over and below motorway PV3, PV4  stream Svinka (km 84,900 D1), bridge through stream and road I/18 over and below motorway PV5, PV6  between municipalities Hendrichovce and Bertotovce (km 81,5 D1), road I/18 PV7

Monitoring during preparation has been conducted 2 times per year on 7profiles, which are 14 advanced flows.

Monitoring during the construction will be conducted 4 times per year on 7 profiles which is 28 flows per year, i.e. 80 basic and 4 advanced flows.

During the first year of commissioning the monitoring will be carried out 4 times per year on 7 profiles which is 14 basic and 14 advanced flows.

The number of surface water flow in section D1 Fričovce – Svinia is 32 advanced and 94 basic, total 126 flows.

Measured parameters:

 basic monitoring

o field settings: pH, water temperature

o laboratory settings: chemical oxygen usage ChSKMn, BSK5, ChSKCr, NEL  advanced monitoring

o RL, Fe total, N-NH4, phenols, cyanides, surfactants (detergents), heavy metals (Hg, Pb, Cd), determination of biological indicators

Monitoring of groundwater: monitoring will be conducted on the hydrogeological observation borehole (1 supply site), which needs to be built, proposed coordinates HG of the borehole are X = 272470.0643 and Y = 1207983.338.

Monitoring during preparation was conducted 2 times per year on 1 profile which is 2 advanced flows.

Monitoring during construction will be conducted 2 times per year with is 10 basic and 2 advanced flows.

During the first year of commissioning the monitoring will be carried out 2 times per year, what are 2 advanced flows.

The number of groundwater in section D1 Fričovce – Svinia is 6 advanced and 10 basic which is total 16 flows.

Measured parameters:

 basic monitoring

o field settings: pH, water temperature

o laboratory settings: chemical oxygen usage ChSKMn, BSK5, ChSKCr, NEL

 advanced monitoring

o RL, Fe celkové, N-NH4, phenols, cyanides, surfactants (detergents), heavy metals (Hg, Pb, Cd), determination of biological indicators

Monitoring of noise: monitoring will be conducted in 4 sites on 7 supply points.

 municipality Hendrichovce (2 sites) km 81,000 from D1  municipality Bertotovce (2 sites) km 83,000 from D1  municipality Chminany (1 site) km 88,100 from D1  municipality Chminianska Nova Ves (2 sites) KM 89,400 from D1

Monitoring during preparation was conducted 2 times per year on 7 profiles, which were 14 measurements.

Monitoring during construction will be done 2 times per year on 7 profiles, which are 42 measurements per year within 3 years of construction.

During the first year of commissioning the monitoring will be carried out 1 time per year which is 7 measurements.

The number of noise measurements in section D1 Fričovce – Svinia is 63.

Measured parameters:

 equivalent noise level A LA,eq v dB during time intervals  meteorological elements: o air temperature, direction and wind velocity, relative humidity, atmospheric pressure, duration of sunshine

Monitoring of pollution: monitoring will be done in 4 sites on 7 supply points.

Monitoring during preparation was conducted 2 times per year on 7 profiles, which were 14 measurements.

Monitoring during construction will be done 4 times per year on 7 profiles, which are 8 measurements per year and 84 measurements within 3 years of construction.

During the first year of commissioning the monitoring will be carried out 4 times per year, what are 28 measurements.

The number of 48 hour measurements in section D1 Fričovce – Svinia is 126.

Measured parameters:

 sulphur dioxide, nitrogen monoxide, particulate matter PM10  meteorological elements:

o air temperature, direction and wind velocity, relative humidity, atmospheric pressure, duration of sunshine

Monitoring of biota: will be done in two locations/sites.

 In cadastral area Hendrichovce (habitat herbaceous vegetation, hay meadows) B1  In cadastral area Chminany (protected Lady's Slipper) B2

It conducted initial monitoring during preparation for both sites 3 times per year, which were 6 measurements.

It will conduct monitoring during construction for both sites 2 times per year, which is 16 measurements.

During the first year of commissioning the monitoring will be carried out only on the site B2 2 x per year, what are the 2 measurements.

The number of biota monitoring is 24 measurements.

Content and measurement frequency

It will also carry out operational monitoring as appropriate, eg. In case of emergency, etc. .. Those locations will be specified on errands in the field with selected candidates after the event necessitating monitoring.

In case the need to monitor surface, groundwater in other location during the execution of the works, the contractor will carry it out. Work will be invoiced at prices per unit of measurement specified in the tender of the contractor. Number of measurements is indicative and will be adjusted according to actual date of commencement of construction and construction period. It will be billed for 1 year according to the work actually carried out.

Monitoring of Surface and Ground Water

Surface water

Profiles PV1 and PV2 Svinka creek (above and under)

Profiles PV3 and PV4 Jakubovianka creek (above and under)

Profiles PV5 and PV6 Svinka creek (above and under)

Profile PV7 – Lazný jarok creek (above )

Profile PV 8 Lazný jarok creek (under)

Podzemné vody – The Bore HV1

The boring of the bore HV1

Documentary sample from the bore HV1

The Bore HV1

Monitoring of Biota

The Area of monitoring B1 (village of Hendrichovce)

The Area of monitoring B2 (village of Chmiňany)

Monitoring of Noise

Profile 1 Village Hendrichovce

Profile 2 End of Village Hendrichovce

Profile 3 Village Bertotovce 51

Profile 4 Village Bertotovce

Profile 5 Village Chmiňany

Profile 6 Village Chiminianska Nová Ves

Profile 7 Chminianska Nová ves 53

Monitoring of Air Quality 54

Profile 1 Village Hendrichovce (special car for monitoring of Air Quality)

Profile 2 Village Hendrichovce

Profile 3 Village Bertotovce 55

Profile 4 Village Bertotovce

Profile 5 Village Chminianska Nová Ves

Profile 6 Village Chminianska Nová Ves

Profile 7 Village Chmiňany