E2086

Federal Republic of Nigeria

Public Disclosure Authorized

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMWORK (ESMF)

FOR

STATE GOVERNANCE CAPACITY BUILDING PROJECT Public Disclosure Authorized (SGCBP) DRAFT FINAL REPORT

Submitted to: The World Bank 104 Yakubu Gowon Way Asokoro, F.C.T. Abuja Nigeria Public Disclosure Authorized Submitted by: Earthguards Limited Suite 45, (3rd Floor), God’s Own Plaza, 4 Takum Close, Area 11, Garki, F.C.T. Abuja, Nigeria. Email: [email protected] Website: www.earthguards.net

Maximizing Resources and Sustaining Development November, 2008 Public Disclosure Authorized Environmental and Social Management Framework for SGCBP

ACRONYMS

AU African Union BASEPA Bauchi State Environmental Protection Agency CABS College of Administrative and Business Studies CBOs Community Based Organizations CPS Country Partnership Strategy DFID Department for International Development EA Environmental Assessment ECOWAS Economic Community of West Africa States EIA Environmental Impact Assessment EPAD Environmental Protection Assessment Department EMS Environmental Management Systems ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework EU-SRIP European Union –Support to Reforming Institutions Program FEPA Federal Environmental Protection Agency FMEH&UD Federal Ministry of Environment, Housing and Urban Development FMF Federal Ministry of Finance ISDS Integrated Safeguards Data Sheet ITCZ Inter-Tropical Convergence Zone KEPA Kaduna Environmental Projection Agency LGAs Local Government Authority MDA Ministries Department and Agencies MDC Management Development Center M&E Monitoring and Evaluation NEEDS National Economic Empowerment and Development Strategies NPCU National Project Coordinating Unit NGOs Non-Governmental Organisation PAD Project Appraisal Document PCN Project Concept Notes PFM Public Financial Management PHC Public Health Care SEPA State Environmental Protection Agency SDC Staff Development Center SPCU State Project Coordinating Unit SGCBP State Governance Capacity Building Project SSA Sub-Sahara Africa SPC State Planning Commission TDS Total Dissolved Solids TOR Terms of Reference WHO World Health Organisation

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TABLE OF CONTENTS

TABLE OF CONTENTS...... 2 LIST OF TABLE...... 4 LIST OF FIGURE ...... 5 EXECUTIVE SUMMARY...... 6 CHAPTER ONE: INTRODUCTION...... 7 1.1 Objectives of the Environmental and Social Management Framework...... 8 1.2 Study Approach & Methodology...... 8 1.2.1 Literature Review ...... 8 1.2.2 Data Gathering ...... 9 CHAPTER TWO: PROJECT COMPONENTS ...... 10 2.1 Component 1: Public Financial Management and Procurement Reforms .. 10 2.2 Component 2: Human Resource Management and Capacity Development10 2.3 Component 3: Monitoring and Evaluation System Development ...... 11 2.4 Component 4: Responsive Support for State Specific Requests ...... 11 CHAPTER THREE: BASELINE DATA...... 12 3.1 The Bio- Physical Environmental Features...... 12 3.1.1 Physical Environment...... 13 3.1.2 Biological Environment...... 16 3.2 Social -Economics...... 17 CHAPTER FOUR: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 20 4.1 Policy Framework...... 20 4.2 Legal Framework ...... 20 4.2.1 Federal...... 20 4.2.2 State ...... 22 4.3 Assessment of the Legal Framework ...... 22 4.4 International Environmental Agreements...... 23 4.4 World Bank Safeguard Policies...... 24 CHAPTER FIVE: POTENTIAL IMPACTS AND MITIGATION MEASURES ..... 25 5.1 Potential Impacts...... 25 5.2 Environmental Impacts...... 26 5.2.1 Construction Phase ...... 26 5.2.2 Operation Phase...... 27 5.3 Social and Health Impacts...... 27 5.3.1 Construction Phase ...... 27 5.3.2 Operation Phase...... 28 5.4 Mitigation ...... 29 5.4.1 Mitigation Measures...... 29 5.4.2 Mitigation Funding...... 32 CHAPTER 6: IMPLEMENTATION ARRANGEMENTS FOR ENVIRONMENTAL MANAGEMENT ...... 33 CHAPTER SEVEN: PUBLIC CONSULTATION PLAN...... 35 7.1 Objectives ...... 35 7.2 Identifying Stakeholders...... 35 7.3 Consultation Strategies...... 35 ANNEX 1: List of Persons Contacted...... 37 ANNEX 2: Summary Of World Bank Environmental And Social Safeguard Policies.. 38 ANNEX 3: Draft EIA /ESIA Terms Of Reference ...... 41

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ANNEX 4: Contract Provisions: Environmental and Social Impacts...... 43

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LIST OF TABLE

Table 3.1: Nigerian Ambient Air Quality Standard ...... 15 Table 3.2: Air Quality Classification Based on TSP Values ...... 15 Table 5.1: Potential Environmental and Social Impacts of the SCBGP II ...... 25 Table 5.2: Summary of Environmental and Social Mitigation Measures ...... 30 Table 6.1 Institutional Capacity Strengthening Program...... 34 Table 7.1: Stakeholder Identification Matrix...... 35

Environmental and Social Management Framework for SGCBP

LIST OF FIGURE

Figure 3.1: Map of Nigeria showing the 36 states of Nigeria...... 13

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EXECUTIVE SUMMARY

The State Governance and Capacity Building Project-II (SGCBP-II)) is a public sector management project operating in the existing SGCBP-I states of Kaduna, Bauchi and Cross River; and with potentials to be extended to Anambra, Ekiti, Kwara, Niger, Plateau and Yobe states.

The project development objective is to strengthen the capacity and quality of the public financial and procurement management systems personnel and payroll management system and monitoring and evaluation system.

By improving these governance systems at state level, SGCBP II will support achievement of the third pillar of National Economic Empowerment and Development Strategy (NEEDS), which seeks to change the way government does its business and also the Country Partnership Strategy (CPS) of the World Bank and DFID.

The four components of this project are as follows: Component 1: Public Financial Management and Procurement Reforms Component 2: Human Resource Management and Capacity Development. Component 3: Monitoring and Evaluation System Development Component 4: Responsive Support for State Specific Requests

Based on the categorization of projects, funded by the World Bank, the SGCBP II is classified as a Category B (FEPA classification - Category 2) project and therefore triggering the World Bank Safeguard policy OP/BP 4.01 – Environmental Assessment. The OP/BP 4.01 entails that the project would need to develop Environmental Assessment documents such as the Environmental and Social Management Framework (ESMF), Environmental Impact Assessment (EIA) and the Environmental Management Plan (EMP).

The ESMF is developed with a primary objective to improve decision making and to ensure that the design, construction, expansion, upgrading or rehabilitation of educational and judicial facilities being considered under the proposed project are undertaken in an environmentally sound and sustainable manner.

While the secondary objective is to ensure that in-country capacity, regulatory framework; principles and procedures are established to provide a basis for environmental assessments of all sub-projects to be carried out under this restructured project.

In developing the ESMF document certain mitigation measures were recommended to manage potential environmental and social impacts and were expressed in broad categories such as physical, biological and social. These will help minimize or adverse the potential environmental and social impacts associated with the propose project

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CHAPTER ONE: INTRODUCTION

The State Governance and Capacity Building Project-II (SGCBP-II) is a public sector management project operating in the existing SGCBP-I states of Kaduna, Bauchi and Cross River; and with potentials to be extended to Anambra, Ekiti, Kwara, Niger, Plateau and Yobe states. This project which is the principal Bank instrument for supporting governance reforms at the sub-national level in Nigeria, is a restructured one of the SGCBP-I and the main reasons for the re-structuring are to address implementation difficulties; respond to new priorities of the state governments; ensure the productive use of uncommitted funds; and enhance overall achievement of the project development objective. The restructuring provides the opportunity to enhance ownership, knowledge sharing and commitment to reforms by engaging the participating states and the Federal Ministry of Finance (FMF) in the restructuring process and reflecting new priorities of state governments.

The project development objective is to strengthen the capacity and quality of (a) the public financial and procurement management systems (b) personnel and payroll management system and (c) monitoring and evaluation system. By improving these governance systems at state level SGCBP II will support achievement of the third pillar of National Economic Empowerment and Development Strategy (NEEDS,)which seeks to change the way government does its business and also the Country Partnership Strategy (CPS) of the Bank and DFID.

The proposed changes from SGCBP-I include: (i) refocusing of the project development objectives to make them more realistic and achievable, and revision of project results framework and monitoring arrangements; (ii) minor adjustments to existing sub-component and activities, to address gaps in the capacity of some key stakeholders; (iii) the addition of a new component, necessary to align the project to the new reform agenda and priorities in the participating states, as well as complement the implementation of other sub-project components; (iv) reallocation of credit proceeds to reflect changes in work program priorities and enhance the productive use of credit proceeds; and (v) strengthening the institutional framework to address sources of delay in project implementation.

Some of the activities under the proposed project as identified in the restructuring project paper will involve civil works especially on the physical renovation of the College of Administration and Business Studies (CABS, Bauchi) and the Staff Development Center (SDC, Kaduna). There will also be civil works on the up-grading of judicial facilities in Calabar, Cross River State.

The World Bank’s Operational Policy (OP) 4.01 requires that an Environmental and Social Management Framework (ESMF) be prepared which will establish a mechanism to determine and assess future potential environmental and social impacts of project investments and then to set out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the subproject’s activities to minimize adverse environmental and social impacts to acceptable levels.

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1.1 Objectives of the Environmental and Social Management Framework

The primary goal of this ESMF is to improve decision making and to ensure that the design, construction, expansion, upgrading or rehabilitation of educational and judicial facilities being considered under the proposed project are undertaken in an environmentally sound and sustainable manner. The secondary goal is to ensure that in-country capacity, regulatory framework; principles and procedures are established to provide a basis for environmental assessments of all sub-projects to be carried out under this restructured project

More specifically, the purpose of the ESMF is to: Assess the potential environmental and social impacts of the sub-projects (rehabilitation, up-grading, or new constructions), whether positive or negative and propose mitigation measures; Inform the project preparation team and the Nigerian Government of the potential impacts of different anticipated sub-projects and relevant mitigation measures and strategies; Establish clear directives and methodologies for the environmental and social screening of sub-projects to be financed by the project; and Identify potential environmental policies, legal and institutional framework pertaining to the project.

1.2 Study Approach & Methodology

The ESMF study was prepared in accordance with applicable World Bank safeguard policies and Nigerian environmental impact assessment guidelines. The distinct phases of the study include:

ƒ Data Gathering; ƒ Literature review; ƒ Reconnaissance Surveys and visits to potential sub-projects sites; ƒ Characterization of the baseline conditions; ƒ Identification of potential impacts; ƒ Identification of impact mitigation measures; ƒ Preparation of an Environmental and Social Management Plan; and ƒ Preparation of sub-project guidelines.

1.2.1 Literature Review

The approach was based on review of available literature and other strategic planning documents at the national and state level. Specifically, the following were reviewed: Project Concept Notes (PCN), draft Project Appraisal Document (PAD), concept-stage Integrated Safeguards Data Sheet (ISDS) of the SGCBP-I. In addition, the restructuring project paper and the SCBGP-II ISDS were consulted. Also consulted were the general environmental management conditions for construction contracts; federal and state environmental laws regulations, decrees, acts, policies and guidelines; World Bank safeguard policies and other relevant documents.

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1.2.2 Data Gathering The consultant assembled and evaluated relevant baseline data related to the physical, biological and socio-cultural environment of the country. The baseline data reviewed included: topography, soil, water resources, climate and meteorology; biological and socio-economics data. Field visits were made to Cross River, Kaduna and Bauchi States. During the field visits to the states, discussions were held with officials of relevant state ministries and agencies. (See Annex 1.0 for complete list). Using the specific circumstances of each state visited, the particular technical operations of each State project coordinating unit, including related agencies such as environmental protection agencies/authorities were studied, their capacity to implement the proposed environmental and social management process and mitigation measures was assessed, and discussions held to determine appropriate recommendations for improvement in service delivery, mitigation, monitoring, institutional requirements and their training and capacity building needs.

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CHAPTER TWO: PROJECT COMPONENTS

SGCBP II seeks to support reforms in participating states and pilot local governments towards improved fiscal, public financial management, and personnel and payroll management systems, including public procurement, multi-year budgeting and fiscal planning, tax administration, capacity development, monitoring and evaluation. There are four components:

2.1 Component 1: Public Financial Management and Procurement Reforms

This aims to develop and modernize the Public Finance Maintenance (PFM) systems of participating states, with the objective of improving its efficacy and quality in managing public financial resources. To enhance macroeconomic management and quality of public expenditure, the component will support fiscal planning and standardization of PFM procedures, processes, and reporting among participating state governments for consistency with the federal government. Activities will include:(a) fiscal responsibility legislation and implementation; (b) strengthening capacity for budget preparation, presentation, implementation and monitoring; (c) accounting, and financial reporting; (d) strengthening audit and oversight role of the State Houses of Assembly; (e) improving tax administration (f) modernization and automation of financial management system; and (g) public procurement reforms and capacity building. These activities are in line with the follow-up action plans that are part of the PEFA and PERs undertaken by the some potential candidate states. The PFM component will be coordinated with other development partners’ support in the selected states where applicable (e.g. with EU-SRIP in Anambra state).

2.2 Component 2: Human Resource Management and Capacity Development

Diagnostic work undertaken by the World Bank and other development partners highlight the depth of human resources capacity and systemic weaknesses that undermine the credibility of PFM, payroll and personnel management systems. They also highlight the fact the wage bill constitute one of the biggest items of government expenditure and subject to weak controls and abuses with negative impact on the quality of public expenditure. The objective of this component will be to provide targeted capacity building to PFM-related ministries, departments and agencies, as well as strengthen personnel and payroll systems to minimize abuse and redirect potential savings to improve services. Activities include conduct of a thorough assessment of existing skills and training needs of PFM and procurement related Ministries Department and Agencies (MDAs); targeted short to medium term training, provision of logistic support, and development, modernization and linking of payroll and personnel databases the state public service.

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2.3 Component 3: Monitoring and Evaluation System Development

In most states, Monitoring and Evaluation (M&E) is either non-existent or even where they exist the emphasis is on project monitoring. One of the key challenges is how to monitor and measure the outcome of public expenditures, especially in big spending ministries, departments and agencies. This component will help to address these challenges by strengthening the capacity of state governments to effectively allocate resources, track outcomes of government programs and improve the quality of service delivery, using evidence generated from regular evaluation of programs. The focus will be on improving the legal and institutional framework for results-based M&E and building the institutional capacity for effective monitoring and management of development outcomes. It will support activities related to (a) diagnosis of existing M&E systems (b) design and implementation of a new M&E system (c) formulation of policies and drafting of enabling regulations (d) training and skills development for staff of State Planning Commissions and MDAs (e) establishment of an M&E secretariat to coordinate M&E activities across the state alongside capacity building and (f) pilot evaluations and service delivery satisfaction surveys for key government programs.

2.4 Component 4: Responsive Support for State Specific Requests

This component will allocate resources to meet other relevant State Government’s requests to complement and deepen reforms under the components outlined above. Funding from this component will also be used to provide additional financing for the three states currently implementing SGCBP I when the project closes in March 2010.

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CHAPTER THREE: BASELINE DATA

The study will undertake to present the baseline information of Nigeria instead of emphasizing on baseline information of Kaduna, Bauchi and Cross River States. This is because of the potential of the following states joining the project: Anambra, Ekiti, Kwara, Niger, Plateau and Yobe; thereby representing all the geopolitical zones.

3.1 The Bio- Physical Environmental Features

Nigeria is situated in West Africa lying between latitudes 4°00 N and 14°00N and longitudes 2°500 W and 14°45 E, bordered to its south by the Gulf of Guinea for about 850km, by the Republic of Benin to the West for 773km, Republic of Niger to its North for 1497km, Chad at its North Eastern Boundary (water boundary) for 87km and Cameroon to its East for 1,690km (figure 3.1 next page).

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Figure 3.1: Map of Nigeria showing the 36 states of Nigeria

Nigeria has a total area of 923,768 sq. km of which the total land area is 913, 768 sq. km and 10,000 sq. km is water.

Nigeria is blessed with abundant water resources estimated at 226 billion m3 of surface water and about 40 billion m3 of ground water. The main characteristics of the biological, physical and socio-economic environment of the project area are summarized below

3.1.1 Physical Environment

Climate

Nigeria’s climate varies from arid in the north, tropical in the centre and equatorial in the south. The climate is largely controlled by prevailing winds and nearness to the Atlantic Ocean. The two dominant air masses are the dry wind from the Sahara and the wet wind from the Atlantic Ocean. Marginal alterations have being recorded due to

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landform characteristics, configuration of surrounding shoreline and the generally flat topography of the country.

Rainfall

Rainfall is the single most important element for defining the climatic seasons in the tropics. Hence, Nigeria has two dominant seasons; the wet and the dry seasons. Rainfall throughout Nigeria depends on the interaction of the tropical maritime air mass and the tropical continental mass which meet along the inter-tropical convergence zone (ITCZ). The annual average rainfall around the country is between 2000mm and 3000mm.

Temperature

Nigeria’s climate is characterized by relatively high temperatures throughout the year. The average annual maximum varies from 35oC in the north to 31oC in the south; the average annual minimum from 23oC in the south to 18oC in the north. On the Jos plateau and the eastern highlands altitude makes for relatively lower temperatures, with the maximum no more than 28oC and the minimum sometimes as low as 14oC.

Wind

Two principal wind currents affect Nigeria. The south-westerlies dominate the rainy season of the year while north-easterlies dominate the dry season. Depending on the shifts in the pressure belts in the Gulf of Guinea, these winds are interspersed respectively by south-easterlies and north-westerlies in different parts of the year. The wetter winds prevail for more than 70% due to the strong influence of the breeze from the Atlantic Ocean.

Mean annual wind speed varies between 2 to 6 m/s. Speeds in dry season (November - March) are lower. In the wet season (April–October), daily average speed could rise to 15 m/s. Values of up to 25 m/s are sometimes experienced due to inducement by convective rainfall activities and relative diffusion.

Ambient Air Quality

Generally, air quality in the area complies with regulatory standards. Although, slight variations are noticed in major industrial cities like Lagos, Ibadan, Aba, Kano, Port Harcourt and Kaduna.

The Federal Ministry of Environment, Housing and Urban Development (FME & UD) adopted the WHO standards (Table 3.1) as the national standards for gaseous emissions against which air quality parameters monitored are compared in order to ascertain its “cleanliness”.

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Table 3.1: Nigerian Ambient Air Quality Standard

Air Pollutants Emission Limits Particulates 250 (µg/m3) SO2 0.1 (ppm) Non-methane Hydrocarbon 160 (µg/m3) CO 11-4 (µg/m3) or 10 (ppm) NOX 0.04-0.06 (ppm) Photochemical Oxidant 0.06 (ppm) Source: FME 1991

Table 3.2: Air Quality Classification Based on Total Suspended Particles (TSP) Values

Range of TSP Values (Pg/m3) Class of Air Quality 0 – 75 High Quality 76 – 230 Moderate Quality 231 – 600 Poor Quality Source: Jain, et. al (1976)

Geology

Nigeria lies on the southern portion of the West African Craton. The geological setting comprises broadly crystalline basement complex rocks and sedimentary formations. They occur in equal proportions around the country. The former are highly mineralized and give rise to soils of high nutrient status, although variable from place to place. The latter are found in the south-east, north-east and north-west of the country, and give rise to sandy and less variable soils that are deficient in plant nutrient.

Topography

Nigeria has varying landforms and much of the country is dominated by plains, generally less than 610m above sea level. The eastern border with the Republic of Cameroun is lined by an almost continuous range of mountains which rise to about 2,419m at Chappal Waddi, the highest known point in Nigeria.

In the North, the Jos Plateau rises abruptly from a general level of about 609.5m in the Hausa Plains to an average level of some 1,219m but reaches 1,781.6m in Shere Hills. The area west of the River Niger is dominated by the plain, which rises gently from the coast northwards ’to the area of crystalline rocks where inselbergs rise abruptly above the surrounding plains. The Idanre Hills, the highest point of these inselbergs, rises to about 981m above sea level.

In general, the land surface of the country could be classified into three broad physical units or major relief features namely: the plains; the highlands; the troughs and the river valleys.

Soils Characteristics

The broad pattern of soil distribution in the country reflects both the climatic conditions and the geological structure; heavily leached, reddish-brown, sandy soils are found in the south, and light or moderately leached, yellowish-brown, sandy soils in the north. The difference in color relates to the extent of leaching the soil has undergone.

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Nigeria soils are highly weathered and are characterized by light texture, low pH, low organic matter, low potassium levels, variable phosphorous levels with clay contents ranging between 7%-43%.

Surface and Ground Water Hydrology

Nigeria has two major rivers, the Niger and the Benue, which traverse the northwest and northeast portion of the country, then merge at Lokoja before draining down to the Atlantic. There are several other rivers and quite a number of minor streams and rivulets that crisscross the entire Nigerian land mass. These include the Ogun, Oshun, Imo, Cross, Osse, Nun and the Anambra rivers in the south and the Kaduna, the Gongola, and the Hadeija rivers in the North.

Generally the water quality in the rivers of Nigeria is very good. The average electrical conductivity in the main rivers ranges between 48-65 Umhos/cm2 and the total dissolved solids (TDS) concentration is about 100mg/l. The pH is less than 6.5, although higher values were reported in swamps and floodplains with levels of 100-150 Umhos/cm2. These rivers are also low in nutrients, with an average nitrogen content of 0.32mg/l and a total phosphorous content of 0.1 mg/l. The data indicate water of high quality according to FMEH & UD limits.

3.1.2 Biological Environment

Fauna

Animals found in both forest and savannas include leopards, golden cats, monkeys, gorillas, and wild pigs. Today these animals can be found only in protected places as the Yankari Park, Gashaka Gumti Park, and Cross River Park. Rodents such as the squirrel, porcupine, and cane rat constitute the largest family of mammals. The northern savannah abounds in guinea fowl. Other common birds include quail, vultures, kites, bustards, and gray parrots. The rivers contain crocodiles, hippopotamuses, and a great variety of marine life.

In the rain forest, few large animals notably gorillas, chimpanzees, baboons and monkeys are present. Crocodiles, lizards, and snakes of many species are also present. Hippopotamuses, elephants, giraffes, leopards, and lions now remain only in scattered localities and in diminishing number. Wildcats, however, are more common and widely distributed. Wildlife in the savanna includes antelope, lions, leopards, gazelles, and desert hyenas. Nigeria also abounds in bird life with a great number of species being represented.

Flora

Vegetation varies dramatically in relation to climate, soil, elevation, and human impact on the environment. In the low-lying coastal region, mangroves line the brackish lagoons and creeks, while swamp forest grows where the water is fresh. Farther inland, this vegetation gives way to tropical forest, with its many species of tropical hardwoods, including mahogany, iroko, and obeche.

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North of the forest is the Guinea Savannah, a region of tall grasses and trees. The southern margin of the Guinea Savannah has been so altered by humans that it is also called the derived savannah. Beyond the Guinea savannah lies the Sudan Savannah, a region of shorter grasses and more scattered, drought-resistant trees such as the baobab, tamarind, and acacia. In the northeastern corner of Nigeria, the very dry semi-desert Sahel Savannah persists.

3.2 Social -Economics

Demographics

According to the latest estimates, the population of Nigeria is approximately, 150 million (Nigeria Population Census), which makes Nigeria the largest country by population, in Africa. The annual average growth rate of 1995-2001 was projected at 2.6% and the urban population represented 47% of the total population or 61.1 million people. The illiteracy rate, which is an estimate of the percentage the population over 15years old that have not completed a primary school education level, is 35%.

The real significance of Nigeria’s demographic situation is that it simultaneously has a large population and one of the highest rates of growth in the world, causing its projection to move up so rapidly in total population. Many unknown factors could alter the above estimate. AIDS is one factor that could have a dramatic impact on Nigeria’s future demographics. While AIDS is not the critical national health concern that it is in other sub-Saharan countries, it may grow to become a problem of great concern.

Rural – Urban migration in Nigeria, like in most other countries is fuelled by the pursuit for increased economic/ livelihood opportunities.

Ethnic Groups and Religion

Nigeria, which is Africa’s most populous country, is composed of more than 250 ethnic groups, the larger of which are the Hausa and Fulani, who are predominantly from the North represent approximately 29% of the population, the Yoruba, predominantly from the South (South West) and represent approximately 21% of the population or and the Ibo, predominantly from the East represent about 18% of the population. The other large groups are the Ijaw with about 10%, the Kanuri with about 4%, the Ibibio with about 3.5%. The Middle Belt region of Nigeria shows the greatest degree of ethnic diversity, particularly in Adamawa, Taraba and Plateau States. The religious groups include Muslims, which make up about half of the population at approximately 65 million people; Christians at about 40% or about 52million people and the rest are of indigenous beliefs (10%) or about 13 million people.

Land Use Pattern

The estimated land area of Nigeria is 924,000 km2. Land use varies based on location and the needs of the community. However, the different uses of land revolve around agriculture, industry and social needs such as the provision of infrastructure. Recent

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data shows that about 60% of the land area of Nigeria is under various forms of food (crop and animal) production and forest plantation.

Land Tenure

The Land Use Decree of 1978 vests all land in the state through the office of the governor. Land is to be held in trust and administered for the use and common benefit of all Nigerians according to the provisions of the Act. By this legal instrument, the state replaced the traditional institutions of obaship/emirship and chiefs in their roles as custodians of communal land.

Control and management of land in urban areas is the responsibility of the state governor, while all other land (rural, public, etc.) is the responsibility of the Local Government of the area. The governor is empowered to designate certain areas as urban land and to grant statutory rights of occupancy of fixed periods and rights of access to any person, subject to rental arrangements fixed by and payable to the state. The local government can grant a customary right of occupancy to land in the local government area (LGA) to any person or organization for agriculture, grazing, residential or other purposes.

Public Health Features

The increase in urban and peri-urban population over the years, coupled with the significant decline in the performance of the State Water Agencies to provide potable water (it is estimated that only 50% of the urban and 20% of the peri-urban have access to reliable water supply), and with poor or no acceptable sanitation or drainage infrastructure in many of these areas, the prevalence rate for diseases such as diarrhoea, malaria, dysentery and other serious health conditions are high.

Poverty

According to the World Bank, Country at a Glance report, 2001, the gross national income (GNI) per capita of Nigeria is US$290, which is significantly lower than the average of US$470 for sub Saharan Africa (SSA).

It is estimated that 60% of the total population of Nigeria live below the poverty line. The average percentage of the urban poor (i.e. % of population below national poverty line) is a staggering 45% compared with the SSA average of 32%.

Economics

The Nigerian economy rests on two pillars: oil/gas and agriculture. Both sectors contributes 65% - 70% of GDP, while the secondary sector (manufacturing contributes about 7% and the tertiary sector (transport, trade, housing etc) contributes about 25%.

Nigeria’s major industries are located in Lagos, Sango Otta, Port Harcourt, Ibadan, Aba, Onitsha, Calabar, Kano, Jos and Kaduna.

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Infrastructural Facilities

The main transportation means in Nigeria is the road. Water transportation is fairly developed in some coastal areas. Air transportation is considered fair with major airports in Lagos, Abuja, Port Harcourt, Kano and Kaduna. The railway sector has experienced a major decline in the last decades but efforts are being made to revive it.

Electricity is supplied through the national grid. The power supply is erratic; and government is promoting the development of independent power supply to augment the current inadequate supply.

With regard to educational facilities, Nigeria is reasonably served. There are over 50 universities consisting of federal, state and private owned. High schools in most states are insufficient and are in dilapidated state, except for states in the southern part of the country.

Presently the Federal Government is refurbishing all existing tertiary health institutions nationwide. There is at least 1 primary health care institution in each of the 744 local government areas.

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CHAPTER FOUR: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK

Nigeria has developed a number of important initiatives in policies, laws and regulations applicable to the environment.

The major national policies and regulations that are considered relevant to the project are summarized in this section.

4.1 Policy Framework National Policy on the Environment The stated goal of the National Policy on the Environment is to achieve sustainable development in Nigeria, and in particular to:

ƒ Secure a quality of environment adequate for good health and well being; ƒ Conserve and use the environment and natural resources for the benefit of present and future generations; ƒ Restore, maintain and enhance the ecosystems and ecological processes essential for the functioning of the biosphere to preserve biological diversity and the principle of optimum sustainable yield in the use of living natural resources and ecosystems; ƒ Raise public awareness and promote understanding of the essential linkages between the environment, resources and development, and encourage individual and community participation in environmental improvement efforts; and ƒ Co-operate in good faith with other countries, international organizations and agencies to achieve optimal use of trans-boundary natural resources and effective prevention or abatement of trans-boundary environmental degradation.

4.2 Legal Framework A number of national and international environmental guidelines are applicable to the sub-projects under the proposed project. In Nigeria, the power to enforce all activities that might impact the environment is vested in the Federal Ministry of Environment, Housing and Urban Development (FMEH & UD). Internationally, agencies such as the World Bank, DFID and other development agencies usually set environmental criteria for projects they are involved in.

4.2.1 Federal

The Federal Ministry of Environment (FMEnv), now (since December 2006) Federal Ministry of Environment, Housing and Urban Development (FMEH & UD) was created in 1999 to take over the function of the Federal Environmental Protection Agency (FEPA). The ministry has a mandate to co-ordinate the environmental protection and conservation of natural resources for sustainable development in Nigeria. The specific responsibilities of the ministry are to:

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ƒ monitor and enforce environmental protection measures; ƒ enforce international laws, conventions, protocols and treaties on the environment; ƒ prescribe standards and make regulations on air quality, water quality, pollution and effluent limitations, the atmosphere and ozone layer protection, control of toxic and hazardous substances; and ƒ promote cooperation with similar bodies in other countries and international agencies connected with environmental protection.

As contained in FEPA Acts 58 of 1988 and 59 of 1992. FMEH & UD has put in place statutory documents to aid the monitoring, control and abatement of industrial waste. The statutory documents currently in place include: ƒ National Policy on the Environment 1999 ƒ National Environmental Protection (Effluent Limitations) Regulations(S.1.8) 1991; ƒ National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) (S.1.9) 2004; ƒ National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations (S.1.15) 1991; ƒ Guidelines and Standards for Environmental Pollution Control in Nigeria 1991; ƒ Sectoral Guidelines for EIA 1995 ƒ Harmful Wastes (Criminal Provisions) Decree No. 42, 1988; ƒ National Policy on the Environment, 1989; ƒ Environmental Impact Assessment Procedural Guidelines 1995; ƒ Environmental Impact Assessment (EIA) Act No. 86 of 1992; and ƒ Environmental Impact Assessment (Amendments) Act 1999. ƒ National Guidelines and Standards for Water Quality 1999 ƒ National Guidelines on Environmental Management Systems (EMS) 1999 ƒ National Guidelines on Environmental Audit in Nigeria 1999

These statutory documents clearly state the restrictions imposed on the release of toxic substances into the environment and the responsibilities of all industries whose operations are likely to pollute the environment. Such responsibilities include provision of anti- pollution equipment and adequate treatment of effluent before being discharged into the environment, etc. (S.1.8 & 9).

FMEH & UD also has put in place procedural and sectoral guidelines detailing the EIA process including a categorization of environmental projects into Categories I, II and III. These guidelines require that a complete EIA be performed for Category I projects. Category II projects may not require an EIA depending on the screening criteria, while Category III projects do not require an EIA.

In addition, the land use act is considered relevant to the project:

Land Use Act

The legal basis for land acquisition and resettlement in Nigeria is the Land Use Act of 1978 which was modified in 1990. The following are selected relevant sections:

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Section 1: Subject to the provision of this Act, all land comprised in the territory of each state in the Federation is vested in the Governor of each state and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.

Section 2: (a) All land in urban areas shall be under the control and management of the Governor of each State; and (b) all other land shall be under the control and management of the local government within the area of jurisdiction in which the land is situated.

Therefore, according to the Land Use Act, all land in Nigeria is vested in the Governor of each State, and shall be held in trust for the use and common benefit of all people. The administration of land area is divided into urban land which will be directly under the control and management of the Governor of each State; and non-urban land, which will be under the control and management of the Local Government. The Governor of each State will have the right to grant statutory rights of occupancy to any person or any purpose; and the Local Government will have the right to grant customary rights of occupancy to any person or organization for agricultural, residential and other purposes.

4.2.2 State

By the provision of acts, edicts and laws the states have also set up State Environmental Protection Agencies or Authorities (SEPAs) as the regulatory bodies to protect and manage the environmental issues in the states. With respect to the three pilot states of Bauchi, Kaduna and Cross River; the following state environmental institutions exist: Bauchi State Environmental Protection Agency (BASEPA); Kaduna State Environmental Protection Authority (KEPA); and Environmental Protection and Assessment Department (EPAD) of the Cross River State Ministry of Environment.

The functions of the SEPAs include:

ƒ Enforcement of all environmental legislations and policies; coordination and supervision of environmental assessment studies; Minimization of impacts of physical development on the ecosystem; Preservation, conservation and restoration to pre-impact status of all ecological processes essential to the preservation of biological diversity; ƒ Protection of air, water, land, forest and wildlife within the states; ƒ Pollution control and environmental health in the states; and ƒ Co-operation with FMEH & UD and other agencies to achieve effective prevention of abatement of trans-boundary movement of waste.

4.3 Assessment of the Legal Framework

The existing legal framework for environmental assessment in Nigeria is considered adequate. Detailed laws, regulations and guidelines have been developed and serve as the framework for conducting EIAs in both the public and private sectors. The implementation of these rules has been poor due to lack of adequate enforcement.

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Environmental Impact Assessment (EIA) Act

The Act does not encourage the participation of people whose lives are likely to be affected by a project; rather, it encourages the collection and documentation of technical information which is confusing and unintelligible to a majority of people. All too often, the provisions enshrined in the law are not enforced.

Environmental Policy

The policy and its laudable institutional arrangements have not yielded the desired results. This is principally due to weak enforcement; inadequate manpower in the area of integrated environment management; insufficient political will; inadequate and mismanaged funding; a low degree of public awareness about environmental issues; and a top–down approach to the planning and implementation of environmental programmes.

Land Use Act

The Land Use Act points out that the interests of individuals and communities have been reduced to mere rights of occupancy, which can be revoked by the appropriate authorities on certain conditions such as ‘over-riding public interest’ (right-of-way, mining activities etc). Moreover, the law is ambiguous in certain respects and makes interpretation difficult. The Act which grants excessive powers to the Federal and State Governments has a dramatic impact on land rights. It does not provide adequate security against forced evictions, harassment, and threats.

4.4 International Environmental Agreements

Nigeria is a signatory to the following relevant international conventions:

ƒ The African Convention on the Conservation of Nature and Natural Resources, The African Convention, 1968; ƒ The Convention Concerning the Protection of the World Cultural and Natural Heritage, The World Heritage Convention, 1972; ƒ The Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, 1973; ƒ The Convention on Conservation of Migratory Species of Wild Animals, Bonn, 1979. ƒ The Basel Convention on the Control of Transboundary Movement of Hazardous Waste and Disposal, 1989; ƒ The Framework Convention on Climate Change, Kyoto Protocol, 1995; ƒ The Convention on Biological Diversity, 1992; ƒ The Convention on the Prevention of Marine Pollution by Dumping of Waste, MARPOL, 1972.

Nigeria also has obligations to protect the environment through various commitments to the African Union (AU), the Economic Community of West African States (ECOWAS) and the Commonwealth. It is also committed through relations with the European Community under the Lome IV Convention.

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4.4 World Bank Safeguard Policies

The SGCBP II has been categorized as B implying that the expected environmental impacts are largely site-specific and that mitigation measures can be designed relatively readily. The environmental assessment for a Category B project usually: • examines the project’s potential negative and positive environmental impacts, • recommends measures to prevent, minimize, mitigate, or compensate for adverse impacts, and • recommends measures to improve environmental performance

The World Bank has 10 Environmental and Social Safeguard Policies (see Annex 2) to reduce or eliminate the adverse effects of development projects, and improve decision making. These operational policies include:

ƒ OP/BP 4.01: Environmental Assessment ƒ OP/BP 4.04: Natural Habitats ƒ OP 4.09: Pest Management ƒ OP/BP 4.12: Involuntary Resettlement ƒ OD 4.20: Indigenous Peoples ƒ OPN 11.03: Cultural Property ƒ OP 4.36: Forests ƒ OP/BP 4.37: Safety of Dams ƒ OP/BP 7.50: Projects on International Waters ƒ OP/BP 7.60: Projects in Disputed Areas

The proposed project triggered the environmental assessment policy. This document i.e. the ESMF is the appropriate instrument prepared to address the triggered environmental assessment policy.

OP 4.01 Environmental Assessment The objective of OP 4.01 is to ensure that projects financed by the Bank are environmentally and socially sustainable, and that the decision making process is improved through an appropriate analysis of the actions including their potential environmental impacts. Environmental assessment (EA) is a process whose breadth, depth, and type of analysis depend on the nature, scale, and potential environmental impact of the proposed project. EA takes into account the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and cultural property); and trans-boundary and global environmental aspects.

OP 4.01 is triggered if a project is likely to present some risks and potential adverse environmental impacts in its area of influence. Thus, in the case of the SGCBP II, potential negative environmental and social impacts will be due to construction and rehabilitation activities linked to educational institutions and the judiciary.

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CHAPTER FIVE: POTENTIAL IMPACTS AND MITIGATION MEASURES

5.1 Potential Impacts

The rehabilitation and physical renovation of training institutes and judiciary offices/blocks may cause negative environmental impacts. Poorly planned institutions/offices and bad practices in construction, maintenance and rehabilitation could have negative effects. Table 5.1; gives an overview of the major environmental impacts resulting from the construction and/or renovation of educational and judicial infrastructures

Table 5.1: Potential Environmental and Social Impacts of the SCBGP II

Environmental Parameters Impacts Soil ƒ Soil erosion and modification of surface relief ƒ Sedimentation of roadside water bodies and drains ƒ Loss of productive topsoil in burrow areas ƒ Contamination from waste materials e.g. cement, paints, lubricants, fuels and detergents ƒ Modification in flow of surface water /increased runoff Water ƒ Drainage clogging and creation of stagnant water pools

ƒ Contamination from hazardous wastes e.g. paints, lubricants, fuels ƒ Sedimentation of surface water bodies Ecosystem ƒ Damage, fragmentation or loss of habitat and biodiversity ƒ Destruction of vegetation ƒ Contamination of biota ƒ Transmission of diseases ƒ Destruction/disruption of wildlife ƒ Threats to rare and endangered species Air ƒ Air pollutants emission from construction machinery ƒ Change in natural drainage pattern Landscape ƒ Destruction of vegetation and trees ƒ Deforestation and desertification Human health and safety ƒ Transmission of diseases ƒ Contamination of local water supplies ƒ Air pollution ƒ Noise & vibration disturbance ƒ Obstructions owing to presence of road side barriers

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5.2 Environmental Impacts

5.2.1 Construction Phase i Flora and Fauna

The rehabilitation/construction of new institutions and offices and/or the expansion and upgrading of existing institutions could result in clearing and depletion of vegetation that will result in: loss of plant cover, disturbance and loss of fauna habitats, weakening and degradation of soils, disturbance of the natural landscape and disfiguring of the natural morphology.

ii Soil and Land Degradation

Earth-moving equipment such as excavators will be used in cutting and excavation. This earth moving equipment will expose the soil to erosion and also compact it and break down the soil structure which will potentially decrease the drainage of the areas.

Furthermore, the risk of accidental discharge of hazardous products, leakage of hydrocarbons, oils or grease from construction machinery also constitute potential sources of soils and water pollution. Moreover, the high pressure on water resources can cause potential conflicts, particularly during the dry seasons in certain localities of high water scarcity in the northern states of Kaduna and Bauchi.

iii Waste Management

Activities at construction sites will produce construction wastes such as excavated soils and debris. Excavated wastes could obstruct the general public, the movement of the workers and vehicles as well as affect the aesthetics of the environment. iv Slope, erosion and drainage

If the topography of the project area is hilly, erosion problems during construction are likely to be more severe, as compared to a flat area.. v Air Quality

Air Quality will be impacted by emissions from vehicles, earthmoving equipment and released particulate matters. At the peak of construction; various equipment rated between 200-600 horsepower and burning diesel fuel will be operated. vi Water Quality

Water quality will be impacted by wastewater discharges from construction activities. These will include discharges from onsite sewage system and rainwater run-off from the developed areas such as workshops etc. The discharge of this wastewater into surface waters will impact water quality by causing changes to its physical, chemical and biological properties.

Given the high anticipated volume of waste/spoil that will be generated, it is likely that the waste will be stockpiled on road sides. If it is not properly contained, rains could carry it along with runoff into other surface waters, leading to increased turbidity and siltation. This could affect aquatic resources such as fisheries and aquatic invertebrates.

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5.2.2 Operation Phase i. Visual Intrusion

Educational institutions rehabilitation and construction will change the characters of the area (marred landscapes). The clearing of vegetation required for the expansion of existing schools/offices will impact the visual amenity of nearby houses and surrounding communities.

5.3 Social and Health Impacts

5.3.1 Construction Phase

i Loss of Livelihood

Land acquisition for construction of new schools could cause changes in land use pattern and result in displacement, especially in the urban areas. This will cause significant disruption to the communities as it could affect small businesses such as cafeterias, mechanic shops etc.

ii Disruption of Utilities Service

The excavation and cutting during construction may cause temporary disruptions of utility services such as electricity and water. Such disruptions may incur the anger of the communities in the project area. iii Vehicular Traffic

Construction works will result in a high traffic volume around the institutions and within the communities. Wastes generated from project activities such as cement bags, paint drums and debris could result in pollution and constitute obstructions to vehicular traffic.The transport of raw materials will introduce a number of heavy trucks on the access road and this could increase the risk of motor accidents and result in vehicular-pedestrian conflicts.

iv Contractors’ (Workers) Camp

The civil work contractor will have to establish and operate a camp which will house offices, workshops etc. The selection of the camp location should be based on approval of the project engineer.

Problems that may be encountered include disposal of liquid and solid wastes. Other social impacts associated with the contractors’ camp are theft, alcoholism and sexually transmitted diseases (especially HIV/AIDS). v Public Health

On flat areas, water will not drain away easily, and stagnant pools of water will be created. These pools, if not drained regularly will provide favourable breeding grounds for mosquito and other disease vectors

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vi Occupational Safety and Health

The safety of the local population may be at risk during construction activities. The movement of trucks to and from the site, the operation of various equipment and machinery and the actual construction activities will expose the workers to work-related accidents and injuries. Pollutants such as dust and noise could also have negative implications for the health of workers and near- by communities. vii Noise

Noise and vibration caused by machines, site vehicles, pneumatic drills etc will be commonplace during construction activities. These impacts can affect the quietness of the communities and provoke irritation and anger. viii Traffic

Communities around the construction sites (where schools and/or offices are being upgraded or constructed) will experience heavier human and vehicular traffic. Construction related activities will be a nuisance to road users e.g. storage of construction stones by the road side.

5.3.2 Operation Phase i) Improved access to education

The project implementation will improve access to quality basic education, especially for disadvantaged groups (e.g. girls, poor families) and also access to justice by renovating court offices/premises. ii) National Development

The impacts of the project on national development are largely positive. The implementation of the SCBGP II will enhance the opportunities available for the general public in the participating states especially the rural areas. iii) Road Accidents

The improvement of access and quality of the schools will translate into a higher pedestrian traffic (teachers, and students). This could increase the likelihood of road accidents. iv) Community Development

Positive impacts on community development would include enhancement of educational standards, diversification of knowledge notably in the scientific and technical fields, and improved access to formal education previously unavailable to a large number of rural communities.

Provision of socio-cultural infrastructures such as playgrounds and sports facilities will have beneficial impacts on the communities as well as contributing towards the reduction of delinquency.

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5.4 Mitigation

Environmental mitigation consists of measures that can reduce the negative environmental impacts associated with implementation (construction, expansion, rehabilitation etc) of the project.

5.4.1 Mitigation Measures

Mitigation measures have been identified that would reduce both existing and potential impacts associated with existing facilities and rehabilitation/upgrading/new construction on the proposed project. Potential impacts and related measures are identified in Table 5.3.

The table indicates the areas to which the potential impact and its associated measure apply. In addition, mitigation measures are identified as either social or physical measures. Social mitigation includes the measures used to mitigate effects such as noise, land use, and other effects to the human environment. Physical mitigation includes measures that address impacts to the physical environment, such as biological communities, vegetation, air quality, and others

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Table 5.2: Summary of Environmental and Social Mitigation Measures Potential Impacts Recommended Mitigation Measures Physical Resources Land Use ƒ Visual impact following the disposal of construction and demolition ƒ Regular collection and evacuation of work site refuse towards authorized waste onto roadsides dumps ƒ Involvement of the Local Government Authorities and Communities in the selection of discharge sites Noise ƒ Employees and communities exposed to high noise level ƒ Installation of sound insulation. ƒ Disruption of school and education activities during construction works ƒ Schedule work periods to avoid school hours

Air Quality ƒ Emission of pollutants from mobile (vehicles) and stationary (mixers, ƒ Introduction of dust reduction measures in construction sites generators etc) sources. ƒ Safety measures put in place ƒ Air pollution from burning of demolition wastes e.g. wood, paper etc

Soil ƒ Point source contamination from diesel, lubricants etc around workshop ƒ Appropriate containment measures for all operational areas and proper areas. disposal of used lubricants. ƒ Increased soil erosion due to vegetation clearing , soil trampling and ƒ Soil erosion control measures (e.g. reforestation, reseeding of grasses, compaction land preparation, terracing etc) ƒ Increased rapid runoff due to vegetation clearing and soil compaction diminishing infiltration capacity ƒ Deterioration of soil characteristics due to increased erosion

Water Quality ƒ Potential pollution of surface and ground water though runoff of ƒ Appropriate containment measures for all operational areas and proper pollutants e.g. lubricating oil, diesel fuel etc from workshop areas etc disposal of used lubrication oil. ƒ Water pollution due to seepage from tanks (diesel, sanitary wastes etc) ƒ Work sites Installed far from waterways ƒ Lack of water for sanitation or toilet facilities ƒ Regular collection of work sites wastes for proper disposal ƒ Heavy water usage resulting in reduction of surface and groundwater ƒ Liquid waste discharged at designated outfalls after effluent treatment to sources protect water resources ƒ Regular emptying of on-site latrines and toilets

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Biological Resources Vegetation ƒ Vegetation clearing resulting in loss of valuable habitat, species diversity ƒ No siting and excavations in sensitive habitat and population levels. ƒ Careful planning and selection of sites ƒ Impacts on protected areas; critical habitats for rare species or of ecologic ƒ Forests and cultural heritage sites protection enforced. or domestic importance. Wildlife ƒ Wildlife impacted through direct loss, loss of movement corridors, and ƒ Pre-construction focused surveys, dust and noise abatement measures, indirectly through introduction of noise and pollutants. and minimization of construction generated pollutants.

Wetlands ƒ Expansion and new construction encroaching on the wetland and directly ƒ Preservation, restoration, and enhancement of existing wetland. impact wetland plant communities. ƒ Sensitive and critical habitats avoided

Farmlands and Grazing Areas ƒ Land take for new school construction could lead to loss of farmland and ƒ Farmland and grazing areas should be relocated to other areas. grazing areas. ƒ If possible avoid farmlands and grazing areas.

Solid/Hazardous Waste Management ƒ Solid waste generated from demolition and construction activities ƒ Quick sorting, collection and disposal of waste removed from the sites in containing potentially hazardous materials (e.g. asbestos). accordance with applicable regulations. ƒ Waste generation during building works piling on the roadside Social Health and Safety ƒ Risks of road accidents during work ƒ Conduct an awareness raising campaign for the work sites staff and the ƒ Contamination risk by HIV from the labour force. users of school infrastructures (pupils, students, teachers, etc.) ƒ Conduct awareness raising campaigns on HIV/AIDS Land Use ƒ Involuntary displacement of populations or economic activities ƒ Acquisition and relocation should occur in accordance with appropriate ƒ Changes of existing uses within affected communities. regulations including World Bank OP/BP 4.12 Involuntary Resettlement. ƒ Avoid facilities in areas that will need resettlement, the displacement; or the encroachment on historic, cultural or traditional use areas

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5.4.2 Mitigation Funding i) Cost of Design Measures

The quantities, specifications and estimated costs of design measures to avoid or mitigate negative impacts will be assessed by the civil design contractor and incorporated into the bidding documents. The contractor will execute all required works and will be reimbursed through pay items in the bill of quantities, which will be financed by the project.

The total cost is estimated at N 2, 991, 423 ($24, 928.58). This estimate is based on the assumption that resource persons are likely to come from other parts of the country and therefore require travel allowances; participants will come from the institutions and attend during the day only but will receive per diem.

Cost Estimate Cost Estimate in in Item Responsibility Cost Breakdown Nigerian Naira Us Dollars (N) (Us$) Mitigation State’s SGCBP and State’s N1, 754, 500 $14, 620.83 EPA Management State’s SGCBP 5% of Mitigation Cost N 87, 725 $731.04 Capacity State’s SGCBP Staff/ 25% of Mitigation N 438, 625 $3, 655.21 Building Consultants Cost Monitoring State’s SGCBP / State’s 25% of Mitigation N 438, 625 ($3, 655.21 EPA Cost Sub- Total N 2, 719, 475 $22, 662.29 Contingency 10% of Sub- Total N 271, 948. $2, 266.29 Total N 2, 991, 423 $24, 928.58 ii) HIV/AIDS Awareness Program

The quantities, specifications and estimated costs of the HIV/AIDS Awareness Program and condom distribution will be assessed by the design consultant and incorporated into the works bidding documents. The contractor will execute the program through a subcontractor and will be reimbursed through pay items in the bill of quantities, which will be financed by the project.

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CHAPTER 6: IMPLEMENTATION ARRANGEMENTS FOR ENVIRONMENTAL MANAGEMENT

In SCBGP, some changes are being made in order to strengthen project management and oversight arrangements and in response to recent changes in leadership. In this regard, the project in Bauchi State is being re-located from the Ministry of Budget and Planning to the Office of the State Head of Service to provide improved oversight and coordination. In the same vein, at the request of the Cross River State Government, the project is being re-located from the Office of the State Head of Service to the State Planning Commission (SPC). The SPC coordinates all donor projects in the state and the relocation is to provide improved oversight and coordination with other donor projects. As part of the changes, the state governments have agreed to implement the provision in the Project Appraisal Document (PAD) requiring each state to appoint a full time project coordinator. Until now project coordinators in all three states have been part-time and this has contributed to weak coordination and the delays in project implementation. Other measures that are being taken to strengthen the capacity of the project implementation units include the continuous training of procurement officers, hiring of short-term procurement and M&E consultants to provide hands-on support and training, and agreement on joint project implementation monitoring arrangements with the state governments. The National Project Coordinating Unit (NPCU) will be responsible for overall project coordination and support at the national level. At the state level, the State Project Coordinating Unit (SPCU) will responsible for project implementation.

With respect to the implementation of this Environmental and Social Management Framework (ESMF), it is recommended that each SPCU recruits an environmental and social specialist on a part time basis that will be responsible for following up the recommendations of the ESMF. Since there is just one sub-project i.e. rehabilitation of educational and judicial institutions, there is no need for a screening mechanism, as the mitigations measure’s contained in the report suffices. The chances of preparing a full EIA under this project is very remote due to the small and site specific nature of the impacts. However, if it happens, a typical TOR for an EIA/ESIA is shown on Annex 3. It is also important that all bidding documents and final contracts contain the general environmental and social management clause (see Annex 4). This is to tie the contractor to respect environmental and social concerns during civil works.

Capacity building in environmental management is also essential during project implementation. The objectives of the training/capacity building efforts under proposed project will be to:

• Support the SPCUs to mainstream environmental and social issues in their sub- projects; and

• Strengthen the capacity of local NGOs and other services providers to provide technical support to communities in environmental and social aspects of the sub- projects.

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The target audience for training, sensitization and capacity building, will inter-alia include the following: • Project Coordinators • Project Teams • LGAs Staff involved in environmental and social concerns • Environment consultant (s) at the SPCU • NGO’s/CBOs in the educational and judicial sectors • State Environmental Protection Agencies/Authorities

The training will follow the programme in table 6.1 below:

Table 6.1 Institutional Capacity Strengthening Program

Target Description Application Duration Audience Project General environmental awareness Personnel require appreciation of Three days coordinators/te seminar that will include ecological and WB’s, Federal/State seminar ams social science principles, legal environmental policies, as well responsibilities, consequences of non- as, an appreciation for the need sustainable development, costs of poor to support environmentally environmental decisions, and introduction sustainable development. to the EIA process and the use of the environment and social screening mechanism. Environmental An in-depth comprehensive course on The target audience will be five days specialist/cons environmental management including responsible for EA review at the workshop ultant, officials legal requirements, EIA methodology, State level and for preparing of SEPAs and Impact determination (methods) and TORs for EIA consultants as LGA mitigation analysis, public involvement well as monitoring consultants’ environmental methods, ESMP preparation, monitoring work and final approval of EIAs. and social techniques, preparation of EIAs, TORs, Target audience will also be specialists and other. Course will include field visits responsible for conducting and classroom exercises. environmental audits on selected sub-projects and for periodic monitoring of sub-project implementation to ensure compliance. CBOs/NGOs General environmental awareness NGOs/CBOs requires an One day in the health seminar that will include ecological and appreciation for the WB’s and sector social science principles and introduction Nigerian environmental to the EIA process. requirements/procedures.

The cost estimates are based on the assumption that resource persons are likely to come from other parts of the country and therefore require travel allowances; participants will come from local communities and attend during the day only but will receive a per diem. These estimates include an allowance for travel expenses. The total cost is estimated at a lump sum US $ 200,000.

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CHAPTER SEVEN: PUBLIC CONSULTATION PLAN

The different SPCUs have responsibilities to effectively engage stakeholders in achieving the project objectives for the benefit of all. The successful implementation of the SCBGP II depends on the meaningful participation of all stakeholders.

7.1 Objectives This plan provides a framework for achieving effective stakeholder involvement and promoting greater awareness and understanding of issues so that the project is carried out effectively within budget and on-time to the satisfaction of all concerned. To ensure effective implementation of this plan, the SPCU shall be committed to the following principles: • promoting openness and communication; • ensuring effective stakeholder involvement in the development of the project; • increasing public knowledge and understanding of the project implementation process; • using all strategies and techniques which provide appropriate, timely and adequate opportunities for all stakeholders to participate; and • evaluating the effectiveness of the engagement plan in accordance with the expected outcomes.

7.2 Identifying Stakeholders

Stakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the successful planning and execution of the project. This includes those likely to be positively and negatively affected by the project. Table 7-1 identifies the key stakeholders.

Table 7.1: Stakeholder Identification Matrix

Affected Parties How to identify them People living in the vicinity of the proposed • Identify the local government area(s) that falls within works. (students, teachers, magistrates, 500m radius of the proposed schools and offices. judges etc) • Review available data to determine the profile of the

whole stakeholder or relevant group. • Use identified groups and individuals to tap into stakeholder networks to identify others. Special interest groups • Identify key individuals or groups through organized groups, local clubs, community halls and religious places. • Be aware of similar local groups or individuals.

7.3 Consultation Strategies

The consultation process shall ensure that all those identified as stakeholders are conferred with. Subject to SPCU coordinator’s approval, the Environmental/Social consultant will share information about the project with the public to enable meaningful contributions and thus enhance the success of the project.

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Public consultation will take place through workshops, seminars, meetings, radio programme, request for written proposals/comments, questionnaire administration, public reading and explanation of project ideas and requirements.

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ANNEX 1: List of Persons Contacted

1) Basssey Ebri Asuguo Project coordinator Cross River State PCU 2) Mr Emmmamuel Okokon Procurement officer Cross River State PCU 3) Mrs Regina Elu Ogboaaka Monitoring and Evaluation officer Cross River State PCU 4) Mr Ettah James MIS Specialist Cross River State PCU 5) Mrs Helen Etim Project Finance Officer Cross River State PCU 6) Mr Steven Utre Head of EIA Cross River State EPAD 7) Mr. Edward Gekpe Director Cross River State EPAD 8) Mohammed Aminu Ibrahim Project Coordinator Bauchi State PCU 9) Engr. Dauadi Mohammed Procurement Advisor Bauchi State PCU 10) Ibrahim Ahmad Rufa’I Procurement Officer Bauchi State PCU 11) Usman B. Alhaji Project Accountant 12) Goje Saidu Dani Project Internal Auditor 13) Yakubu Mudi Project M & E 14) Aminu A. Kakudi Project Cashier 15) Rejoice Daniel Project Secretary 16) Aminu Ibrahim EIA Specialist Bauchi State EPA 17) Dr. Dije B. Ibrahim Chief Executive Chairman Bauchi State EPA 18) Moh’d Hussaini Abubakar Permanent Secretary Bauchi State EPA 19) Moh;d Umar Dodoji HOD Environmental Conservation Bauchi State EPA 20) Moh’d Abba Environmental Conservation Bauchi State EPA 21) Abdullahi Umar Dir.Admin & Finance Bauchi State EPA 22) Mr. Joshua Kure Project Coordinator Kaduna State PCU 23) Mahmud Yamusa M & E Officer Kaduna State PCU 24) John Usman Procurement Officer Kaduna State PCU 25) Ibrahim Usman Communication Officer Kaduna State PCU 26) Ibrahim Idris Project Finance Officer Kaduna State PCU 27) Ibrahim Hussaini General Manager Kaduna State EPA 28) Aminu S. Sani Director Laboratory Services Kaduna State EPA 29) Mrs. Ester Bawa Director Environmental Assessment Kaduna State EPA

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ANNEX 2: Summary Of World Bank Environmental And Social Safeguard Policies.

• Environmental Assessment (OP 4.01). Outlines Bank policy and procedure for the environmental assessment of Bank lending operations. The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA process. This environmental process will apply to all sub- projects to be funded by the proposed project.

• Natural Habitats (OP 4.04). The conservation of natural habitats, like other measures that protect and enhance the environment, is essential for long-term sustainable development. The Bank does not support projects involving the significant conversion of natural habitats unless there are no feasible alternatives for the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs. If the environmental assessment indicates that a project would significantly convert or degrade natural habitats, the project includes mitigation measures acceptable to the Bank. Such mitigation measures include, as appropriate, minimizing habitat loss (e.g. strategic habitat retention and post-development restoration) and establishing and maintaining an ecologically similar protected area. The Bank accepts other forms of mitigation measures only when they are technically justified. Should the sub-project-specific EMPs indicate that natural habitats might be affected negatively by the proposed sub-project activities with suitable mitigation measures, such sub-projects will not be funded under this project

• Pest Management (OP 4.09). The policy supports safe, affective, and environmentally sound pest management. It promotes the use of biological and environmental control methods. An assessment is made of the capacity of the country’s regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. This policy was not triggered by the proposed project.

• Involuntary Resettlement (OP 4.12). This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by (a) the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets, or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. The project did not trigger this policy.

• Indigenous Peoples (OD 4.20). This directive provides guidance to ensure that indigenous peoples benefit from development projects, and to avoid or mitigate adverse effects of Bank-financed development projects on indigenous peoples. Measures to address issues pertaining to indigenous peoples must be based on the informed participation of the indigenous people themselves. Sub-projects that would have negative impacts on indigenous people will not be funded under the proposed project.

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• Forests (OP 4.36). This policy applies to the following types of Bank-financed investment projects: (a) projects that have or may have impacts on the health and quality of forests; (b) projects that affect the rights and welfare of people and their level of dependence upon or interaction with forests; and (c) projects that aim to bring about changes in the management, protection, or utilization of natural forests or plantations, whether they are publicly, privately, or communally owned. The Bank does not finance projects that, in its opinion, would involve significant conversion or degradation of critical forest areas or related critical habitats. If a project involves the significant conversion or degradation of natural forests or related natural habitats that the Bank determines are not critical, and the Bank determines that there are no feasible alternatives to the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs, the Bank may finance the project provided that it incorporates appropriate mitigation measures. Sub-projects with likelihood of having negative impacts on forests will not be funded under the project.

• Cultural Property (OPN 11.03). The term “cultural property” includes sites having archaeological (prehistoric), paleontological, historical, religious, and unique natural values. The Bank’s general policy regarding cultural property is to assist in their preservation, and to seek to avoid their elimination. Specifically, the Bank (i) normally declines to finance projects that will significantly damage non-replicable cultural property, and will assist only those projects that are sited or designed so as to prevent such damage; and (ii) will assist in the protection and enhancement of cultural properties encountered in Bank-financed projects, rather than leaving that protection to chance. The management of cultural property of a country is the responsibility of the government. The government’s attention should be drawn specifically to what is known about the cultural property aspects of the proposed project site and appropriate agencies, NGOs, or university departments should be consulted; if there are any questions concerning cultural property in the area, a brief reconnaissance survey should be undertaken in the field by a specialist. The proposed project will not fund sub-projects that will have negative impacts on cultural property.

• Safety of Dams (OP 4.37). For the life of any dam, the owner is responsible for ensuring that appropriate measures are taken and sufficient resources provided for the safety to the dam, irrespective of its funding sources or construction status. The Bank distinguishes between small and large dams. Small dams are normally less than 15 m in height; this category includes, for example, farm ponds, local silt retention dams, and low embankment tanks. For small dams, generic dam safety measures designed by qualified engineers are usually adequate. This policy does not apply to the proposed project.

• Projects on International Waterways (O 7.50). The Bank recognizes that the cooperation and good will of riparians is essential for the efficient utilization and protection of international waterways and attaches great importance to riparians making appropriate agreements or arrangement for the entire waterway or any part thereof. Projects that trigger this policy include hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial, and similar projects

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that involve the use or potential pollution of international waterways. The proposed project did not triggered this policy

• Disputed Areas (OP/BP/GP 7.60). Project in disputed areas may occur in the Bank and its member countries as well as between the borrower and one or more neighbouring countries. Any dispute over an area in which a proposed project is located requires formal procedures at the earliest possible stage. The Bank attempts to acquire assurance that it may proceed with a project in a disputed area if the governments concerned agree that, pending the settlement of the dispute, the project proposed can go forward without prejudice to the claims of the country having a dispute. This policy is not expected to be triggered by sub-projects. This policy is unlikely to be triggered by sub-projects to be funded by this project.

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ANNEX 3: Draft EIA /ESIA Terms Of Reference

Introduction and context This part will be completed in time and will include necessary information related to the context and methodology to carry out the study.

Objectives of study This section will indicate (i) the objectives and the project activities; (ii) the activities that may cause environmental and social negative impacts and needing adequate mitigation measures.

Tasks The consultant should realize the following: • Describe the biophysical characteristics of the environment where the project activities will be undertaken; and underline the main constraints that need to be taken into account at the field preparation, during the implementation and exploitation/maintenance of equipments. • Assess the potential environmental and social impacts related to project activities and recommend adequate mitigation measures, including costs estimation.. • Review political, legal and institutional framework, at national and international level, related to environmental, identify the constraints and suggest recommendations for reinforcement • Identify responsibilities and actors for the implementation of proposed mitigation measures • Assess the capacity available to implement the proposed mitigation measures, and suggest recommendation in terms of training and capacity building, and estimate their costs. • Develop a Environmental Management Plan (EMP) for the project. The EMP should underline (i) the potential environmental and social impacts resulting from project activities (ii) the proposed mitigation measures; (iii) the institutional responsibilities for implementation; (iv) the monitoring indicators; (v) the institutional responsibilities for monitoring and implementation of mitigation measures; (vi) the costs of activities; and (vii) the calendar of implementation. • Public consultations. The EIA/ESIA results and the proposed mitigation measures will be discussed with population, NGOs, local administration and other organisations mainly involved by the project activities. Recommendations from this public consultation will be include in the final EIA or ESIA report.

Plan of the EIA report - Cover page - Table of contents - List of acronyms - Executive summary - Introduction - Description of project activities - Description of environment in the project area - Description of political, legal and institutional framework

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- Description of methodology and techniques used in assessment and analyse of project impacts. - Description of environmental and social impacts for project activities - Environmental Management Plan (EMP) for the project including the proposed mitigation measures; the institutional responsibilities for implementation; the monitoring indicators; the institutional responsibilities for monitoring and implementation of mitigation; Summarized table for EMP - Recommendations - List of persons / institutions meet

Duration of study The duration of study will be determined according to the type of activity

Production of final report The consultant will produce the final report one (1) week after receiving comments from the World Bank, SEPAs/FMEH & UD (Impact Monitoring Unit) and the SPCU. The report will include all the comments from all.

Supervision of study The consultancy will be supervised by the Environmental consultant attached to the SPCU.

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ANNEX 4: Contract Provisions: Environmental and Social Impacts

1. General Provisions and Precautions

The contractor shall all necessary measure and precautions and otherwise ensures that the execution of the works and all associated operations on the work sites or off site are carried out in conformity with statutory and regulatory environmental requirement of Nigeria. The contractor shall take all measures and precautions to avoid any nuisance or disturbance arising from the execution of the work. This shall, wherever possible, be achieved by suppression of the nuisance at source rather than abatement of the nuisance once generated. In the event of any soil or debris or silt from the work sites being deposited on any adjacent land, the contractor shall immediately remove all such spoil debris or silt and restore the affected area to its original state to the satisfaction of the responsible authorities.

2. Water Quality

The following conditions shall apply to avoid adverse impacts to water quality:

• The contractor shall prevent any interference with supply to, or abstraction from, water resources and the pollution of water resources (including underground percolating water) as a result of the execution of the works. • The contractor shall not discharge or deposit any matter arising from the execution of the work into any waters except with the permission of the contractor and regulatory authorities concerned. • The contractor shall at all times ensure that all existing stream courses and drains within and adjacent to the site are kept safe and free from any debris and any material arising from the works. • The contractor shall protect all water courses, waterways, ditches, canals, drains, lakes and the like from pollution, silting, flooding or erosion as a result of the execution of the works.

3. Air Quality

The following conditions shall apply to avoid adverse impacts to air quality:

• Open burning will be prohibited. • Blasting (If any) will be carried out using small charges, and dust – generating items will be conveyed under cover. • In periods of high wind, dust- generating operations shall not be permitted within 200 meters of residential areas having regard to the prevailing direction of the wind. • Asphalts and hot- mix plants sites shall not be established prior to the approval of the contractor and shall be located at least 500 meters away from the nearest sensitive receptor(e.g. ,schools and hospitals).Operators will be required to install emission controls.

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• Water sprays shall be used during the delivery and handling of materials when dust is likely to be created and to dampen stored materials during dry and windy weather. • Stockpiles of materials shall be sited in sheltered areas or within hoarding, away from sensitive areas. Stockpiles of friable material shall be covered with tarpaulins. With application of sprayed water during dry and windy weather. Stockpiles of material or debris shall be dampened prior to their movement whenever warranted. • Vehicle with an open load – carrying area used for transporting potentially dust- producing material shall have proper fitting side and tailboards. Materials having the potential to produce dust shall not be loaded to a level higher than the side and tail boards, and shall be covered with a clean tarpaulin in good condition. The tarpaulin shall be properly secured and extend over the edges of the side and tailboards. • In periods of adverse weather adverse impacts to adjacent residents or site employees during construction will be mitigated by either discontinuing until favourable conditions are restored, or, if warranted, sites may be watered to prevent dust generation, particularly at crushing plants. • Machinery and equipment will be fitted with pollution control devices, which will be checked at regular intervals to ensure that they are in working order. Best available pollution control technologies will be used

4. Protection of soils

Borrow pits. The following conditions shall apply to borrow pits:

• Borrow areas will be located outside the ROWs. • Pit restoration will follow the completion of works in full compliance all applicable standards and specification. • The excavation and restoration o f the borrow areas and their surroundings, in an environmentally sound manner to the satisfaction of the contractor is required before final acceptance and payment under the terms of contracts. • Borrow pit areas will be graded to ensure drainage and visual uniformity, or to create permanent tanks\dams. • Topsoil from borrow pit areas will be saved and reused in re-vegetating the pits to the satisfaction of the contractor. • Additional borrow pits will not be opened without the restoration of those areas no longer in use.

Quarries. To ensure adequate mitigation of potential adverse impacts, only licensed quarrying operations are to be used for material sources. If licensed quarries are not available the contractors may be made responsible for setting up their dedicated crusher plants at approved quarry sites.

Erosion. To avoid potential adverse impacts due to erosion, the contractor shall:

• Line spillage ways with riprap to prevent undercutting.

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• Provide mitigation plantings and fencing where necessary to stabilize the soil and reduce erosion. • Upgrade and adequately size, line and contour storm drainage to minimize erosion potential. • To avoid erosion and gullying of road formations, the contractor should reduce his earthworks during the peak of rainy seasons, use gabions and miter drains and avoid angle termination at the intersections of cuts and fills. • As noted in elsewhere in these specifications, ditches shall be designed for the toe of slopes in cut sections with gutters or drainage chutes being employed to carry water down slopes to prevent erosion. Interceptor ditches shall be designed and constructed near the top of the back of slopes or on benches in the cut slopes as well as when there is a slope on adjacent ground toward the fill. When the roadway has a steep longitudinal slope, a drain is to be designed and constructed at the down – slope end of the cut to intercept longitudinal flow and carry it safely away from the fill slopes.

5. Avoidance of Social Impacts

To avoid adverse social impacts, the Contractor shall:

• Coordinate all construction activities with neighboring land uses and respect the rights of local landowner. If located outside the ROW, written agreements with local landowners for temporary use of the property will be required and sites must be restored to a level acceptable to the owner within a predetermined time period. • Maintain and cleanup campsites. • Attend to health and safety of their worker by providing basic emergency health facilities for workers and incorporate programs aimed at the prevention of sexually transmitted diseases as a part of all construction employee orientation programs. Obtain approval of all diversions and accommodation of traffic. A stipulated by section- which states that “the Contractor shall provide the contractor with a written traffic control plan which is to include when and where flagmen shall be employed and when and where traffic cones or other devices such as barricades and \or lights will be used. Where

• ….traffic diversions area planned for ….additional areas (will) be determined and the diversions clearly defined for travel.” • Construct and maintain by – passes around bridges to be reconstructed until such time as the bridge is open for traffic. By- passes will be removed and the affected areas re-graded so as to blend in with the existing contour when the bridge is opened.

6. Noise

To avoid adverse impacts due to noise, the contractor shall:

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• Consider noise as an environmental constraint in his planning and execution of the works. • Use equipment conforming to international standards and directives on noise and vibration emissions. • Take all necessary measures to ensure that the operation of all mechanical equipment and construction processes on and off the site shall not cause any unnecessary or excessive noise, taking into account applicable environmental requirements. • Maintain exhaust systems in good working order; properly design engine enclosures, use intake silencers where appropriate and regularly regular maintain noise –generating equipment. • Use all necessary measures and shall maintain plant and silencing equipment in good condition so as to minimize the noise emission during construction works. • Schedule operations to coincide with periods when people would least likely be affected and by the contractor having due regard for possible noise disturbance to the local residents or other activities. Construction activities will be strictly prohibited between 10PM and 6PM. • Incorporate noise considerations in public notification of construction operations and specify methods to handle complaints. Disposal sites and routes will be coordinated with local officials to avoid adverse traffic noise.

7. Protection of Historic and Cultural resources

To avoid potential adverse impacts to historic and cultural resources, the contractor shall; in the event of unanticipated discoveries of cultural or historic artifacts (movable or Immovable) in the course of the work, the sub-contractor shall take all necessary measures to protect the findings and shall notify the contractor and provincial- level representatives of the Archaeological committee under the ministry of Information and culture. If continuation of the work would endanger the finding, project work shall be suspended until a solution for preservation of the artifacts is agreed upon.

8. Protection of Utilities

To avoid potential adverse impacts to utilities, the Contractor shall:

• Ascertain and take into account in his method of working the presence of utility services on and in the vicinity of the site. • Take into account in his programme the periods required to locate, access, protect, support and divert such services, including any periods of notice required to effect such work in consultation with authorities operating such services. • Assume all responsibility to locate or to confirm the details and location of all utility services on or in the vicinity of the site. • Exercise the greatest care at all times to avoid damage to or interference with services.

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• Assume responsibility for any damage and \or interference caused by him or his agents, directly or indirectly, arising from actions taken or a failure to take action, and for full restoration of the damage.

9. Waste Disposal and Hazardous materials

Water and waste products shall be collected, removed via suitable and properly designed temporary drainage systems and disposed of at a location and in a manner that will cause neither pollution nor nuisance. Insofar as possible, all temporary construction facilities will be located at least 50 metres away from a water course, stream or canal.

The contractor shall not dispose of used pavement material on the road or highway side, nor in water courses or wetlands. Such material shall be utilized or disposed of in places approved by the CSC.

Whenever large amounts of asphaltic concrete are to be removed from a highway, the material should be reused or disposed of by burial to a minimum of one meter depth. The contractor shall not dispose of any surplus material on private land unless authorized by in writing by the owner(s), authenticated before a notary public, and with previous authorization of the CSC.

10. Environmental monitoring

Monitoring or direct impact will be carried out by the CSC and will include, but not restricted to, the following concerns: • Erosion along highway segments and borrow sites during and after construction; • Silting and increased sediment loads to streams crossed by the highway • Prevention of damage to undiscovered significant archeological or historical findings; • Verification that proper waste disposal at construction sites and road camps is done; • Assurance that construction sites and road camps are cleaned after construction and • Inspection of vegetation covers (removal and re- growth) on the basis of field examinations.

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