Initial Environmental Examination
June 2013
Republic of Tajikistan: CAREC Corridors 3 and 5 Enhancement Project
Prepared by the Ministry of Transport, Republic of Tajikistan for the Asian Development Bank. CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
Table of Contents
Executive Summary ...... 8
A. Introduction ...... 14 A.1 Purpose of the report ...... 14 A.2 Identification of the Project and Project Proponent ...... 14 A.3 The Nature, Size, Location and Importance of the Project ...... 14 A.4 IEE Boundaries ...... 15 A.5 Methodology Applied ...... 15 A.6 Constraints and Limitations ...... 15 A.7 Structure of the Report ...... 15
B. Legal, Policy and Administrative Framework ...... 17 B.1 General ...... 17 B.2 Country Policies and Administrative Framework ...... 17 B.3 Legal framework for EA, environmental licensing and permitting ...... 19 B.4 Local Environmental Statutes ...... 23 B.5 Noise, Water and Air Quality Standards ...... 24 B.6 Asian Development Bank Safeguard Policies 2009 ...... 25
C Description of the Project ...... 28 C.1 Type of project ...... 28 C.2 Category of Project ...... 29 C.3 Need for the Project ...... 29 C.3.1 Indicative Implementation Arrangements ...... 31 C.4 Locations & Size of Operations ...... 31 C.4.1 Project Locations ...... 31 C.5 Scope of Works ...... 31 C.5.1 Vose to Hovaling Road: Project Phases ...... 31 C.5.2 Vose to Hovaling Road: Major Components and Design Characteristics .. 37 C.5.3 Vose to Hovaling Road: Source of Materials...... 43 C.5.4 Vose to Hovaling Road: Temporary Storage Areas ...... 44 C.5.5 Vose to Hovaling Road: Road Safety ...... 45 C.5.5 Sayron to Karamik Road: Project Phases ...... 46 C.5.6 Sayron to Karamik Road: Source of Materials ...... 46 C.5.7 Sayron to Karamik Road: Temporary Storage Areas ...... 47 C.6 Contracting and Institutional Issues ...... 47 C.7 Lighting of the Road ...... 48 C.7.1 General ...... 48 C.7.2 Solar Street Lighting ...... 48 C.7.3 Un electrified Village ...... 48 C.7.4 Dispersed Un electrified Households ...... 49 C.8 Alternatives ...... 49 C.8.1 The No Action Alternative ...... 49 C.8.2 Site Alternatives ...... 50 C.9 Proposed schedule for implementation & Cost ...... 52
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D. Description of the Environment ...... 53 D.1 Physical Resources ...... 53 D.1.1 Air quality & Climate ...... 53 D.1.2 Topography ...... 56 D.1.3 Soils ...... 59 D.1.4 Hydrology ...... 60 D.1.5 Geology ...... 64 D.1.6 Natural Hazards and Disasters ...... 65 D.2 Ecological Resources ...... 67 D.2.1 Flora ...... 67 D.2.2 Fauna ...... 67 D.2.3 Aquatic biology ...... 68 D.2.4 Forests & Protected Areas ...... 68 D.3 Economic Development ...... 68 D.3.1 Industries & Agriculture ...... 68 D.3.2 Infrastructure and Transportation facilities ...... 69 D.3.3 Land use ...... 69 D.3.4 Power sources and transmission ...... 69 D.4 Social and Cultural Resources ...... 70 D.4.1 Population and communities ...... 70 D.4.2 Health & Education facilities ...... 71 D.4.3 Socio economic conditions ...... 72 D.4.4 Historical and Archeological Areas of Significance ...... 73 D.4.5 Noise & Vibration ...... 74
E. Screening of Potential Environmental Impacts and Mitigation Measures ...... 75 E.1 Introduction ...... 75 E.2 Impact Phases ...... 75 E.3 Types of Impacts ...... 76 E.4 Mitigation Aspects ...... 77 E.5 Physical Resources ...... 77 E.5.1 Air quality ...... 77 E.5.2 Topography ...... 80 E.5.3 Soils ...... 82 E.5.4 Hydrology Surface water & Flooding ...... 85 E.5.5 Hydrology – Groundwater ...... 90 E.5.6 Geology ...... 90 E.5.7 Natural Hazards ...... 91 E.6 Ecological Resources ...... 91 E.6.1 Flora ...... 91 E.6.2 Fauna ...... 93 E.6.3 Aquatic biology ...... 94 E.6.4 Protected areas ...... 94 E.7 Economic Development ...... 94 E.7.1 Industries ...... 94 E.7.2 Infrastructure & Transportation Facilities ...... 95 E.7.3 Land use ...... 96 E.7.4 Power sources and transmission ...... 97 E.7.5 Agricultural development, mineral development, and tourism facilities ...... 97 E.7.6 Waste and Spoil ...... 98 E.8 Social and Cultural Resources ...... 100
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E.8.1 Population and communities ...... 100 E.8.2 Health & Education ...... 100 E.8.3 Socio economic conditions ...... 102 E.8.4 Historical and Archaeological Areas of Significance...... 103 E.8.5 Noise & Vibration ...... 103
F. Environmental Management Plans and Institutional Requirements ...... 107 F.1 Introduction ...... 107 F.2 Institutional Requirements ...... 107 F.2.1 EMP ...... 107 F.2.2 Site Specific EMP ...... 107 F.2.3 Bid Documents ...... 108 F.2.4 Contract Documents ...... 108 F.2.5 Contractor Requirements ...... 108 F.2.6 Engineer Requirements ...... 109 F.3 Vose Hovaling Environmental Management Plan Pre Construction Phase .. 111 F.4 Vose Hovaling Environmental Management Plan Detailed Design Phase .... 115 F.5 Vose Hovaling Environmental Management Plan Construction Phase ...... 118 F.6 Vose Hovaling Environmental Management Plan Operational and Maintenance Phase ...... 128 F.7 Vose Hovaling Environmental Monitoring Plan Pre Construction Phase ...... 128 F.8 Vose Hovaling Environmental Monitoring Plan Construction Phase ...... 130 F.9. Vose Hovaling EMP Costs ...... 132 F.10 Sayron – Karamik Environmental Management Plan Pre Construction Phase ...... 136 F.11 Sayron – Karamik Environmental Management Plan Construction Phase ..... 140 F.12 Sayron – Karamik Environmental Management Plan Operational and Maintenance Phase ...... 147 F.13 Sayron – Karamik Environmental Monitoring Plan Pre Construction Phase ... 147 F.14 Sayron – Karamik Environmental Monitoring Plan Construction Phase ...... 148 F.15 EMP Costs ...... 150
G. Public Consultation, Information Disclosure & Grievance Mechanism ...... 152 G.1 Public Consultations ...... 152 G.1.1 Focus Groups ...... 152 G.1.2 Local Officials ...... 154 G.2 Planned Information Disclosure ...... 155 G.3 Grievance Mechanism ...... 155 G.3.1 Requirements ...... 155 G.3.2 Mechanism ...... 156 G.3.2.1 Grievance mechanism during the resettlement phase ...... 156 G.3.2.2 Formation of Grievances Redress Committee (GRC) ...... 157
H. Conclusions and Recommendations ...... 160 H.1 Conclusions ...... 160 H.2 Recommendations ...... 160
List of Figures
Figure C 1: Project Locations ...... 33 Figure C 2 ...... 34
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Figure C 3 ...... 35 Figure C 4: Vose – Hovaling Alternative Alignment ...... 50 Figure D 2: Annual Air Temperature Anomalies in Tajikistan ...... 55 Figure D 3: Vose – Hovaling Topography, Sections 1 (yellow) & 2 (red)...... 57 Figure D 4: Vose – Hovaling Topography, Section 3 (green) ...... 57 Figure D 5: Vose – Hovaling Ridgeline ...... 58 Figure D 6: Irrigation System, KM13 ...... 59 Figure D 7: Soils of Tajikistan ...... 59 Figure D 8: River Basins of Tajikistan ...... 60 Figure D 9: Location of River Bank Erosion (KM10) ...... 62 Figure D 10: Extent of Erosion at KM10 ...... 62 Figure D 11: Waste Water Discharge in Main River Basins ...... 63 Figure D 12: Groundwater level in Project Area ...... 63 Figure D 13: Geology of the Project Area ...... 64 Figure D 14: Seismic Conditions, Vose – Hovaling Road ...... 66 Figure D 15: Low Voltage Transmission Lines outside a School at KM72 ...... 69 Figure D 15: School (KM78) ...... 72 Figure D 16: Clinic (KM55) ...... 72 Figure G 1: Lohuti Focus Group ...... 154 Figure G 2: Kaduchi Focus Group ...... 154
List of Table
Table C 1: Geometric Design Standards for Category IV Roads ...... 37 Table C 2: Vose – Hovaling Bridges ...... 38 Table C 3: Vose – Hovaling Earthworks ...... 41 Table C 4: Vose – Hovaling Potential Quarry & Borrow Sites ...... 43 Table C 5: Summary of Alternative Alignments Impacts ...... 51 Table D 1: Vose Temperature & Precipitation ...... 54 Table D 2: Jirgatol Temperature & Precipitation ...... 54 Table D 3: Project River Basin Characteristics ...... 61 Table D 4: Landslide and Mudslide Locations ...... 66 Table D 5: Area Under Cultivation in Hectares (2011) ...... 68 Table D 6: Agricultural Output / Tonnes (2011) ...... 68 Table D 7: Population (thousands) ...... 71 Table D 8: Population Growth Rate (%) ...... 71 Table D 9: Population Density (per square kilometer) ...... 71 Table D 10: Vose – Hovaling Health and Education facilities ...... 71 Table E 1: Trees to be Felled in the Vose – Hovaling Corridor ...... 92 Table E 2: Construction Noise Examples ...... 104 Table F 1: Vose Hovaling EMP Pre construction Phase Mitigation ...... 111 Table F 2: Vose Hovaling EMP Detailed Design Phase Mitigation ...... 115 Table F 3: Vose Hovaling EMP Construction Phase Mitigation ...... 118 Table F 4: Vose Hovaling EMP Operational and Maintenance Phase Mitigation ...... 128 Table F 5: Vose Hovaling EMP: Pre construction Phase Instrumental Monitoring ..... 129 Table F 6: Vose Hovaling EMP: Construction Phase Instrumental Monitoring ...... 130 Table F 7: Vose Hovaling EMP Mitigation Costs ...... 132 Table F 8: Vose Hovaling EMP Instrumental Monitoring Costs ...... 133 Table F 9: Sayron – Karamik EMP Pre construction Phase Mitigation ...... 136 Table F 9: Sayron – Karamik EMP Construction Phase Mitigation ...... 141 Table F 10: Sayron – Karamik EMP Operational and Maintenance Phase Mitigation . 147
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
Table F 11 EMP: Sayron – Karamik Pre construction Phase Instrumental Monitoring . 148 Table F 12: EMP: Sayron – Karamik Construction Phase Instrumental Monitoring ..... 148 Table F 13: Sayron – Karamik EMP Mitigation Costs ...... 150 Table F 14: Sayron – Karamik EMP Instrumental Monitoring Costs ...... 151 Table G 1: Kaduchi Focus Group ...... 152 Table G 2: Lahuti Focus Group ...... 153 Table G 3: Vose – Hovaling Local Officials Consultations ...... 154 Table G 4: Sayron Karamik Local Officials Consultations ...... 155 Table G 5: Rayon Grievances Redress Committee ...... 157 Table G 6: Summary of Grievance Procedure ...... 159
List Of Appendices
Appendix A: Vose – Hovaling Environmental Setting...... 161 Appendix B: Sayron Karamik Environmental Setting ...... 165 Appendix C: Vose – Hovaling Indicative Schedule of Cross Drainage Structures ...... 171 Appendix D: Indicative Schedule of Retaining Walls and Slope Protection Works ...... 178 Appendix E: Vose – Hovaling road Typical Cross Sections ...... 181 Appendix F: Traffic Data ...... 184 Appendix G: Kaduchi Focus Group Consultation Participants ...... 190 Appendix H: Lahuty Focus Group Consultation Participants ...... 195 Appendix H: Wind Roses ...... 201 Appendix I: Kaftargazur Environmental Conditions ...... 202 Appendix J: Sayron – Karamik Public Consultations 2007...... 204
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Abbreviations and Acronyms
ADB Asian Development Bank BOD Biological Oxygen Demand CEO Constructor Environmental Officer CEP Committee for Environmental Protection COD Chemical Oxygen Demand CO 2 Carbon Dioxide DEP Department of Environmental Protection DMC Developing Member Countries EA Environmental Assessment SSEMP Site Specific Environmental Management Plan EIA Environmental Impact Assessment EMP Environmental Management Plan ERP Emergency Response Plan GoT Government of Tajikistan IEE Initial Environmental Examination KM Kilometer KM/H Kilometers per Hour LARP Land Acquisition and Resettlement Plan MoT Ministry of Transport NO Nitrogen Oxide NO 2 Nitrogen Dioxide m Meter MFF Multitranche Financing Facility PIU Project Implementation Unit PM Particulate Matter UN United Nations SEE State Ecological “Expertise” SO 2 Sulphur Dioxide TMP Traffic Management Plan WMP Waste Management Plan
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
Executive Summary
1. Introduction
1. This initial environmental examination (IEE) is part of the process of compliance with the ADB guidelines in relation to the CAREC Corridors 3 & 5 Enhancement Project.
2. The IEE provides a road map to the environmental measures needed to prevent and/or mitigate negative environmental effects associated with the development project. The IEE provides a detailed description of the direct and indirect environmental effects associated with the proposed subproject during key periods of work. The IEE: • Describes the extent, duration and severity of the impacts; • Analyzes all potential impacts, both positive and negative; • Formulates the mitigation actions and presents it all in the form of an Environmental Management Plan (EMP).
3. Based on the existing ADB Environmental Safeguards Policy (2009), this Project falls under ADB’s project Category B .
2. Description of the Project
4. The Project comprises three parts:
Vose – Hovaling Road Rehabilitation . This part of the Project will upgrade the existing 86.8 kilometer road segment to the required Tajikistan road standards (Category IV). Typical works, divided into Project phases, include:
• Land Acquisition – the Employer will commence and carry out land acquisition immediately after the approval of the LARP by ADB and the Government of Tajikistan. • Pre construction – During this phase the Contractor shall undertake the following activities; Traffic Management Plan and preparation of a Site Specific Environmental Management Plan (SSEMP) • Detailed Design – On completion of the Pre construction phase the Contractor must prepare detailed road design and design of new and widening/rehabilitation of the old bridges, and the cross drainage works, taking into account the design concepts prepared during the feasibility study and the requirements of the IEE & EMP. • Construction – three months after the commencement, after the approval of the road design for at least 9 km of the road, the Contractor will be able to commence construction preparation works including Site Clearing Works; Demolition of Structures and Removal of Debris; Removal of Trees; Relocation of Existing Services. These works will be followed by the main construction activities such as, construction and rehabilitation of retaining structures, bridges, drainage, earthworks and pavement. The works will be carried out on a design built basis. The works also include the opening and operation of borrow pits, quarries, asphalt plants and construction camps.
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
• Operation and Maintenance From the Commencement Date to the date of Taking Over of the Works by the Employer (the MOT), the Contractor shall be solely responsible for routine, winter and emergency maintenance.
Sayron - Karamik Road Rehabilitation. This part of the project includes: • The construction of asphalt concrete overlays of the existing pavement from Sayron to the Kyrgyzstan border at Karamik (89km). • Excavation and removal of unstable materials from the upper parts of unstable slopes and construction of sub soil drains and earth retaining structures at a limited number of road sections. • The construction of a limited number of retaining structures necessary to stabilize unstable slopes. Such structures include stone masonry walls with cement mortar and gabion retaining walls • Lining of earth side drains at locations where there is underground water seepage for side slopes or where road side drains are used as small irrigation channels. • Removal of damaged guard rails and the construction of masonry guard walls.
No other actions, such as road widening, cutting or fill, changes to alignment, tree felling, etc, will occur. Strengthening of the road with the additional layer of asphalt is required to address the deterioration of the pavement due to higher than predicted road use (specifically by heavy goods vehicles).
Improving 30 km rural access roads . Minor upgrading of about 30 km connecting feeder roads in Vose and Khovaling districts to an all weather surface will further improve access to basic social services, such as schools, hospitals, and local markets.
Lighting of the Road . This activity includes the construction of solar powered street lights in villages within the Project corridors, a centralized solar power system for one un electrified village close to the Sayron – Karamik road and solar homes systems for remote households close to the Vose – Hovaling Road.
3. Impact Identification
5. The IEE established that there were no significant environmental issues that could not be either prevented or adequately mitigated to levels acceptable Tajik and international standards. A complete Environmental Management Plan has been prepared for all three Project components, with tables listing mitigative measures and monitoring actions to be undertaken during the pre construction, detailed design, construction and operating period of the project.
6. The following provides a summary of the potential impacts associated with the Vose Hovaling Road:
Pre-construction Phase • Siting of facilities – Improper siting of construction camps, borrow pits, quarries, temporary storage sites, etc, could have negative impacts to water quality, local residents, flora and fauna. • Resettlement – Changing the alignment and widening of the road could impact upon agricultural, commercial and residential lands leading to resettlement requirements.
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
• Flora – Clearing works will result in the cutting of 1158 trees (814 non productive and 317 productive) within the Project Road right of way. Detailed Design Phase • Erosion – Inadequate design of road structures, such as drainage, could lead to increased soil erosion within the Project Area. This may lead to degradation of productive lands and potential damage to the road itself. • Natural Hazards – Impacts to the road could occur if the design does not account for the issue of mudslides which are a frequent occurrence along various sections of the road. Construction Phase • Dust and Emissions – Movement and operation of construction vehicles and machinery will result in short term, elevated concentrations of dust and emissions. • Water Quality – Spills and poor storage of liquid waste and hazardous liquids could have negative impacts to water quality. Bridge construction works may also have negative impacts on water flow. • Noise – Operation of construction vehicles and machinery can lead to elevated levels of noise within residential areas. • Waste and Spoil – Where possible cut will be balanced with fill. However, there maybe some excess fill materials that will require disposal at a suitable location. In addition, waste asphalt material will be excavated from the exiting road and will not be re used in the Project. • Health and Safety – The potential exists for health and safety impacts to villagers (especially school children) living and working within the construction areas, and also to the construction workers themselves.
7. Impacts resulting from the Sayron – Karamik Road, will be limited to the construction phase. These impacts will be related to: • Potential dust issues from increased vehicle movements, storage of materials, etc; • Noise impacts from construction; • Potential leaks and spills of liquids; and • Disposal of waste materials, including some waste asphalt.
8. No or minimal impacts are expected on upgrading rural roads components. The anticipated impacts are within the scope of the IEE. No negative impacts were identified relating to the Solar portion of the Project.
4. Mitigation Actions
9. The summary mitigation measures for the potential impacts identified above for the Vose – Hovaling Road includes:
Pre-construction Phase • Siting of facilities – The Contractor shall be responsible for ensuring that all of his construction facilities are sited according to the requirements of the EMP, that means ensuring that they are sited away from sensitive sites and that they do not pollute water courses or soils. The Engineer shall be responsible for reviewing and approving all of the Contractors proposed facility locations.
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
• Resettlement – A Land Acquisition and Resettlement Plan (LARP) will be prepared by the MOT according to ADB requirements on resettlement. • Flora – Adequate siting of facilities should reduce impacts to flora within the Project Area, although it should be stressed that due to human settlement within all Project areas no special status flora have been identified. Detailed Design Phase • Erosion & Natural Hazards – Recommendations are made within the IEE to mitigate potential erosion impacts and mudslide impacts through suitable design of drainage structures. However, it is noted that degradation of slopes above the Project Road due to human activity, may lead to impacts to the Project over time as the slopes continue to erode as a result of lack of vegetation cover. Construction Phase • Dust and Emissions – Proper control, siting and maintenance of equipment shall mitigate emissions impacts. Spraying of roads with water during dry periods and covering of friable materials will also help prevent dust impacts. • Water Quality – Proper siting and management of facilities as per the recommendations of the IEE will prevent impacts to water quality. Accidental spills could occur and provisions are recommended to manage such accidents. • Noise – Noise levels from construction equipment and vehicles can be reduced by introducing activity time constraints and by ensuring proper siting and maintenance of equipment. • Waste and Spoil – Waste disposal activities shall be coordinated with DEPs to ensure that all construction waste is disposed of at suitable locations, this will include consultations between DEPs, Engineer and Contractor to ensure adequate disposal of any spoil material. Regarding Asphalt, the DEUs should assess the feasibility of recycling the waste asphalt for other projects in the region. • Health and Safety – Health and safety plans, training and HIV/AIDS awareness programs will be provided by the Contractor. In addition he shall prepare traffic management plans to reduce potential impacts to villagers during construction periods. • Archeology / Historical Sites – The EMP provides a procedure for chance finds.
10. The summary mitigation measures for the limited potential impacts identified above for the Sayron Karamik Road includes: • Siting of facilities – An existing construction camp is in place. However, the Contractor shall be responsible for ensuring that all of his other temporary facilities are sited according to the requirements of the EMP, that means ensuring that they are sited away from sensitive sites and that they do not pollute water courses or soils. The Engineer shall be responsible for reviewing and approving all of the Contractors proposed facility locations. • Dust and Emissions – Proper control, siting and maintenance of equipment shall mitigate emissions impacts. Spraying of roads with water during dry periods and covering of friable materials will also help prevent dust impacts. • Water Quality – Accidental spills could occur and provisions are recommended to manage such accidents. • Noise – Noise levels from construction equipment and vehicles can be reduced by introducing activity time constraints and by ensuring proper siting and maintenance of equipment. • Waste and Spoil – Waste disposal activities shall be coordinated with DEPs to ensure that all construction waste is disposed of at suitable locations, this will include
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
consultations between DEPs, Engineer and Contractor to ensure adequate disposal of any spoil material. Regarding Asphalt, the DEUs should assess the feasibility of recycling the waste asphalt for other projects in the region. • Health and Safety – Health and safety plans, training and HIV/AIDS awareness programs will be provided by the Contractor. In addition he shall prepare traffic management plans to reduce potential impacts to villagers during construction periods. • Archeology / Historical Sites – The EMP provides a procedure for chance finds.
5. Monitoring Actions
11. To ensure that all of the above mitigation actions are completed according to the requirements of the EMP, monitoring shall be undertaken of Project works by the Engineer and by independent monitoring specialists. Specifically both observational monitoring and instrumental monitoring shall be undertaken on the Vose – Hovaling Road and Sayron – Karamik Road as follows:
• Instrumental Monitoring – This shall be completed by independent specialists and will include air quality monitoring and water quality monitoring at the pre construction and construction phases and noise quality monitoring at the construction phase. Schedules, parameters, locations are indicated by the IEE EMP and shall be adopted by the Contractors SSEMP. • Observational Monitoring – The Contractors actions shall be continually monitored by the Engineer throughout the Projects Construction phase. This will be achieved through weekly inspections of the Contractors environmental performance by national and international environmental specialists engaged by the Engineer throughout the construction period. The Engineer shall have the right to suspend works or payments if the Contractor is in violation of any of his obligations under the EMP and this IEE.
6. Consultations
12. Stakeholder consultations were undertaken in May, 2013. The consultations with villagers, local officials and government representatives in Vose and Hovaling did not reveal any environmental impacts that could not be mitigated by this IEE. In addition, consultations with the Environmental Departments at Vose and Hovaling did not reveal any specific environmental issues that would result from Project works. Extensive stakeholder consultations were undertaken in Jirgatol in 2007 as part of the previous Sayron – Karamik road rehabilitation project, as such only limited consultations for this component of the Project were undertaken with local DEP officials. No significant issues were identified by the DEP.
7. Implementation
13. The EMP, its mitigation and monitoring programs, contained herewith shall be included within the Project Bidding documents for project works. The Bid documents state that the Contractor shall be responsible for the implementation of the requirements of the EMP through his own Site Specific Environmental Management Plan which will adopt all of the conditions of the EMP and add site specific elements that are not currently known, such as the Contractors final list of borrow pit locations. This ensures
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination that all potential bidders are aware of the environmental requirements of the Project and its associated environmental costs.
14. The EMP and all its requirements will then be added to the Contractors Contract, thereby making implementation of the EMP a legal requirement according to the Contract. He shall then prepare his SSEMP which will be approved and monitored by the Engineer. Should the Engineer note any non conformance with the SSEMP the Contractor can be held liable for breach of the contractual obligations of the EMP. To ensure compliance with the SSEMP the Contractor should employ a national environmental specialist to monitor and report Project activities throughout the Project Construction phase.
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A. Introduction
A.1 Purpose of the report
15. This initial environmental examination (IEE) is part of the process of compliance with the ADB guidelines in relation to the CAREC Corridors 3 & 5 Enhancement Project.
16. The IEE provides a road map to the environmental measures needed to prevent and/or mitigate negative environmental effects associated with the development project. The IEE also provides a detailed description of the direct and indirect environmental effects associated with the proposed subproject during key periods of work.
17. More specifically, the IEE: • Describes the extent, duration and severity of the impacts; • Analyzes all significant impacts; • Formulates the mitigation actions and presents it all in the form of an Environmental Management Plan (EMP). A.2 Identification of the Project and Project Proponent
18. The Ministry of Transport (MOT) of the Government of Republic of Tajikistan (GoT) is the project proponent with support from international and national consultants (including the Tajikistan Design Institute) provided through this Grant. A.3 The Nature, Size, Location and Importance of the Project
19. The Project includes three outputs: (i) Better road conditions and enhanced road safety on CAREC Corridors 3 and 5 and associated sub network, (ii) . Extended access to local communities, and (iii) institutional strengthening. The physical components are related to output (i) and (ii) and comprise the following :
1. The Vose – Hovaling Road , with a total length of 86.8 kilometers connects the remote town of Hovaling with Vose some 120 kilometers to the south east of Dushanbe. The existing alignment runs in a north south direction broadly following the Yakhsu river through its valley for the first 40 kilometers before rising into the ridgeline of the valley and then descending into the adjacent valley of the Obimazor River before reaching Hovaling. 2. The Sayron – Karamik Road (89 kilometers) is part of CAREC Corridor 3 & 5 and is the last portion of road connecting the corridor from Dushanbe to the Kyrgyz border. This component of the Project involves the laying 4cm of asphalt over the existing pavement and some minor excavation works and safety improvements. 3. Improving 30 km rural access roads . Minor upgrading of about 30 km connecting feeder roads in Vose and Khovaling districts to an all weather surface will further improve access to basic social services, such as schools, hospitals, and local markets.
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination
4. The Lighting of the Road Project includes the provision of street lights within the villages of both of the above mentioned road sections, the installation of a small solar PV park in Nurobod Province and installation of solar homes systems for two villages close to the Vose – Hovaling Road. A.4 IEE Boundaries
20. For purposes of establishing the environmental conditions, the overview of regional data is followed by the description at the project level if data is available. This IEE covers the entire length of the Project Road. For purposes of this impact assessment, an envelope of 200 meters wide on each side of the project road over its entire length is identified as the primary impact area (“Project Area” or “Project Corridor”). This distance takes into account the common impacts associated with road works such as noise, dust and emissions. However, the project impact area maybe widened depending on conditions on the ground and with regard to specific construction sites outside of the right of way (RoW), e.g. borrow pits and quarries. The road sections where sensitive receptors are present, such as schools, hospitals or other places where people congregate are given particular attention so that ample mitigation is formulated. For road sections that cross rivers, the impact assessment is expanded to cover the identified continuous extent of any ecologically important habitats / features along the Project Corridor. A.5 Methodology Applied
21. The methodology is based on the ADB, Safeguard Policy Statement (2009) and the joint experience of the International and National environmental consultants involved in the IEE. Background data and information was obtained from published and unpublished sources, e.g., on: climate, topography, geology and soils, natural resources, flora and fauna, agriculture, and socio economic data. Several site inspections were conducted jointly by the International Environmental Specialist and National Counterpart during May 2013. The existing road was driven and areas of potential environmental significance assessed carefully. Discussions were held with a number of stakeholders and a face to face surveys were conducted with villagers along the road corridor in order to determine their perceptions of the level of impact from road works (see Section F ). Data and information obtained have been included where appropriate in the IEE Report. A.6 Constraints and Limitations
22. Given the available time and resources very little constraints or limitations are applicable to this report. The Project is classified as a Category B project 1 and as such, at this stage of the Project, no items such as air quality data, water quality data, etc was deemed warranted for analysis. Two field trips were undertaken with an International and National Environmental Specialist and multiple consultations were held with stakeholders. A.7 Structure of the Report
23. The report is organized to comply with ADB Safeguard Policies (2009) as follows:
1 See Section C.2 for explanation of category.
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• Section A: Introduction – The section in hand provides the introductory information and a detailed description of the legal and policy framework within which the Project will operate during the design, construction and operational phases of the Project. • Section B: Legal, Policy and Administrative Framework - This section presents an overview of the policy/legislative framework as well as the environmental assessment guidelines of Tajikistan that apply to the proposed project. The section also identifies relevant Asian Development Bank Safeguard Policies that will apply. • Section C: Description of the Project – Section C describes the Category of the Project, the Project need and its environmental setting. A detailed scope of works is also provided indicating the type of engineering works required. The final portion of this section discusses Project alternatives. • Section D: Description of the Environment – This section of the report discusses the regional and local environmental baseline conditions. This section is divided into subsections relating to physical environment, ecological environment, economic conditions and socio cultural characteristics. • Section E: Screening of Potential Environmental Impacts and Mitigation Measures – Section E outlines the potential environmental impacts and proposes mitigation measures to manage the impacts. • Section F: Environmental Management Plan & Institutional Requirements – This section provides the EMP for the design, construction and operational phases of the Project. • Section G: Public Consultation, Information Disclosure & Grievance Mechanism – Section G provides a summary of all of the stakeholder consultation activities undertaken. A grievance mechanism for project affected persons is also provided along with information regarding the disclosure process. • Section H: Conclusions and Recommendations – The final section of the report provides the report conclusions and any necessary recommendations.
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B. Legal, Policy and Administrative Framework
B.1 General
24. This section presents an overview of the policy/legislative framework as well as the environmental assessment guidelines of Tajikistan that apply to the proposed project. The section also identifies relevant Asian Development Bank Safeguard Policies that will apply. The project will be required to comply with all relevant national and international environmental and social policies / guidelines. B.2 Country Policies and Administrative Framework
25. Environmental legislation in Tajikistan includes laws on air quality, mineral resources, land management, forests, health and safety, waste and chemicals management. The Tajikistan “Framework” Environment Law was adopted in 1993 and amended in 1996. The Water Code was adopted in 2000, the Land Code in 1992 and the Land Administration in 2001. Tajikistan is party to a number of international environmental treaties including: • Convention on Biological Diversity, 1997; • UN Framework Convention on Climate Change, 1998; • The Ramsar Convention (joined 2000); • Convention on the Conservation of Migratory Species of Wild Animals (joined 2001); • Stockholm Convention on Persistent Organic Pollutants (ratified 2007); and • Aarhus Convention (joined 2001)
26. However, Tajikistan is not a signatory to either the Espoo Convention on Environmental Impact Assessment in a Transboundary Context or the Helsinki Convention on trans boundary watercourses and international lakes.
27. Environmental Impact Assessment is subject to the “Law on Environment Protection” (2011) and the “Law on Ecological Expertise” (2011). An environmental licensing system exists in relation to handling hazardous waste and mineral extraction. An environmental permitting system regulates the use of natural resources, especially the hunting or harvesting certain species. However, as in so many places around the world, implementation of the regulations and policing are problematic.
28. In Tajikistan, the organizations with most responsibility for environmental monitoring and management currently are the State Committee for Environmental Protection and Forestry (CEP) under the Government of the Republic of Tajikistan (GoT), the Sanitary Inspectorate of the Ministry of Health, the Inspectorate for Industrial Safety and the Mining Inspectorate.
29. Public control is carried out by public organizations or trade unions and can be exercised with respect to any governmental body, enterprise, entity or individual. The environmental laws have articles related to the protection of soils and the rational use of land. The most important environmental laws are summarized in the following table:
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Table A -1: Selected Environmental Legislation in Tajikistan Air quality • Law on Air Protection • Law on Hydro meteorological activity Mineral resources • Law on Mineral Waters • Water Code Land • Land Code management • Law on Land Administration • Law on Land Valuation Forests • Forestry Code Animals and • Law on Protection and Use of Animals factories • Law on Protection and Use of Factories • Law on Factories Quarantine Health and safety • Law on Securing Sanitary and Epidemiological Safety of the Population • Law on Veterinary Medicine • Law on Salt Iodization • Law on Quality and Safety of Food • Law on Industrial Safety of Hazardous Installations • Law on Radiation Safety Waste and • Law on Production and Consumption Waste chemicals • Law on Production and Safe Handling of Pesticides and management Agrochemicals
30. These laws along with the Regulations approved by the GoT create a favorable legal framework for environmental protection in the country as well as for the use and protection of its natural resources. The most relevant of these laws, codes and regulations are highlighted in the following sections.
Framework environment law
31. The “framework environment law” / Law on Environment Protection was adopted in 2011 (21 July, 2011, № 208). The previous Law on Nature protection was adopted in 1993 and amended in 1996, 2002. 2004 and expired in 2011.
32. The new Law on environment protection stipulates that Tajikistan's environmental policy should give priority to environmental actions based on scientifically proven principles to combine economic and other activities that may have an impact on the environment, with nature preservation and the sustainable use of resources. The Law defines the applicable legal principles, the protected objects, the competencies and roles of the Government, the Committee for Environmental Protection under Government of Tajikistan, the local authorities, public organizations and individuals.
33. The Law also stipulates measures to secure public and individual rights to a safe and healthy environment and requires a combined system of ecological expertise and environmental impact assessment of any activity that could have a negative impact on the environment. The Law also defines environmental emergencies and ecological disasters and prescribes the order of actions in such situations, defines the obligations of officials and enterprises to prevent and eliminate the consequences, as well as the
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination liabilities of persons or organizations that caused damage to the environment or otherwise violated the Law. The Law establishes several types of controls over compliance with environmental legislation: State control, ministerial control, enterprise control and public control. State control is affected by, the Sanitary Inspectorate of the Ministry of Health, the Inspectorate for Industrial Safety and the Mining Inspectorate. Public control is carried out by public organizations or trade unions and can be exercised with respect to any governmental body, enterprise, entity or individual.
Water Code .
34. The Water Code (2000) stipulates the policies on water management, permitting, dispute resolution, usage planning and cadastre. It promotes rational use and protection of water resources and defines the types of water use rights, authority and roles of regional and local governments for water allocations among various users, collection of fees, water use planning, water use rights and dispute resolution. The Code delegates Water User Associations to operate and maintain on farm irrigation and drainage infrastructure.
Land Code .
35. The current Land Code (1992) defines the types of land use rights, the authority and the role of regional and local governments for land allocation, collection of land taxes, land use planning, land use right mortgaging and settlement of land disputes. It defines the rights of land users and lease holders, and also defines the use of a special land fund for the purpose of land privatization and farm restructuring. The law does not provide for purchase or sale of land. The Land Code regulates land relations and it is directed at the rational “use and protection of land and fertility of the soil .” The land may be used in a “rational manner” only and the Code allows local authorities to decide what constitutes “rational” land use. It includes mechanisms that make it possible to take the land use permit away from farmers, including in situations where their activities cause land degradation. This decision is taken by the raion (district level) administration. Articles 38, 39, 43 and 45 regulate land acquisition for specific activities / projects such as a transmission line.
Land Administration Law (2010).
36. The Law obliges the authorities to map and monitor the quality of land, including soil contamination, erosion and water logging.
B.3 Legal framework for EA, environmental licensing and permitting
Basic EA Laws .
37. There are two laws in the country that stipulate all aspects of the EA: (a) Law on Environment Protection; and (b) Law on Ecological Expertise. The Chapter V, Articles 35 39 of the Law on Environment Protection (2011), introduces the concept of state ecological review (literally, state ecological “expertise” – SEE) that seeks to examine the compliance of proposed activities and projects with the requirements of environmental legislation and standards and ecological security of the society. The mentioned laws stipulate the mandatory cross sectoral nature of SEE, which shall be scientifically
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination justified, comprehensive, and objective and which shall lead to conclusions in accordance with the law. SEE precedes decision making about activities that may have a negative impact on the environment. Financing of programs and projects is allowed only after a positive SEE finding, or conclusion, has been issued. The following activities and projects subject to state ecological review: a) draft state programs, pre planning, pre project, and design documentation for economic development; b) regional and sectoral development programs; c) spatial and urban planning, development, and design; d) environmental programs and projects; e) construction and reconstruction of various types of facilities irrespective of their ownership; f) draft environmental quality standards and other normative, technology, and methodological documentation that regulates economic activities; g) existing enterprises and economic entities. The laws stipulate that all types of economic and other activities shall be implemented in accordance with existing environmental standards and norms and shall have sufficient environmental protection and mitigation measures to prevent and avoid pollution and enhance environmental quality. The EA studies analyzing the short and long term environmental, genetic, economic, and demographic impacts and consequences shall be evaluated prior to making decisions on the allocation, construction, or reconstruction of facilities, irrespective of their ownership. If these requirements are violated, construction will be terminated until necessary improvements are made, as prescribed by the GoT and/or other duly authorized control bodies, such as sanitary, geological, and public safety agencies.
Environmental Impact Assessment .
38. An Environmental Impact Assessment (EIA) is a component of the State Ecological Expertise, as set out in the 2011 amendments to the Environmental Protection Law and in the Law on the State Ecological Expertise (2011). The EIA is the responsibility of the project proponent. The State Ecological Expertise for all investment projects is the responsibility of the Committee for Environmental Protection under Government of Tajikistan (CEP) and its regional offices. Furthermore, according to the 2011 Law on the State Ecological Expertise, all civil works, including rehabilitation, should be assessed for their environmental impacts and the proposed mitigation measures reviewed and monitored by the CEP.
Types of Ecological Expertise .
39. According to the 2011 Law on Ecological Expertise, ecological expertise is intended to prevent negative impacts on the environment as a result of a proposed activity, forecast impacts from activities that are not considered as necessarily damaging to the environment and create databases on the state of the environment and knowledge about human impact on the environment. This Law and the Law on Environment Protection envisage two types of ecological expertise – State ecological expertise and public ecological expertise, which are not given equal importance. While State ecological expertise is a prerequisite for beginning any activity that may have an adverse environmental impact, public ecological expertise becomes binding only after its results have been approved by a State ecological expertise body. The State Ecological Expertise is authorized to invite leading scientists and qualified outside specialists to participate in the review. Approval should be issued within 30 days, unless the project developer agrees to an extension, and remains valid for two years, if the decision is positive. For very complicated projects the term of consideration and approval can be extended till 60 days. According to the Law on SEE the public ecological expertise of
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination economic activities or other activities implementation of which can negatively impact the environment of population which live in relevant area can be carried out by any public organization and citizen. They have right to sent the proposals to the responsible government bodies concerning environmental issues of implementation planned activities; to receive information on results of conducted state ecological expertise from relevant responsible bodies. The materials reflecting the public expertise delivered to the experts’ commission should be taken into consideration under preparation of conclusion of state ecological expertise and decision making on realization of expertise object. The public ecological expertise is carried out under the state registration of application of public organization. The registration can be done by local executive authorities (during 7 days) in place where the expertise activities are planned. The public organizations which are organizing this expertise, should inform the population of initiation of expertise and then on its results.
Environmental auditing .
40. Law on environment protection (2011) and Law on environmental audit (2011) stipulate that conduction of environmental audit is obligatory for business subjects activity in cases mentioned by Tajikistan legislation. The environmental audit should be conducted by independent auditors and audit organizations on basis of agreement with customer.
Screening categories .
41. The laws on Environment Protection and EE stipulate the Government will approve a list of activities for which the full Environmental Impact Assessment is mandatory. Currently there is no EIA categorization system in place and environmental impacts of most construction activities are reviewed on a case by case basis.
EA Administrative framework .
42. The Environmental Protection Law states that a SEE should be conducted by the CEP, which is designated as a duly authorized state environmental protection body. The CEP absorbed the former State Forest Enterprise, and has a staff of over 2000. It has a comprehensive mandate that includes policy formulation and inspection duties. The CEP has divisions at oblast (region), city and rayon (district) level, in the form of Departments of Environmental Protection (DEPs), within the Hukumat (local administration) at each city or rayon.
43. A small unit in the ministry is entrusted with guiding and managing both EIA and SEE. EIA preparation is the responsibility of the proponents of public and private sector projects, who, in addition to complying with various environmental standards, procedures, and norms, shall meet the standards of other sectors and environmental media line agencies, such as sanitary epidemiological, geological, water, etc.
Public participation .
44. Article 12 of the Environment Protection Law proclaims the right of citizens to live in a favorable environment and to be protected from negative environmental impacts. Citizens also have the right to environmental information (Article 13), as well as to participate in developing, adopting, and implementing decisions related to environmental
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CAREC Corridors 3 & 5 Enhancement Project Initial Environmental Examination impacts (Article 13). The latter is assured by public discussion of drafts of environmentally important decisions and public ecological reviews. Public representative bodies have an obligation to take into consideration citizens’ comments and suggestions. The Law on the EE also provides the rights to the citizens to conduct a Public Environmental Expertise (art. 7). On 17 July 2001 Tajikistan acceded to the 1998 Aarhus Convention, the provisions of which have priority over domestic law that also stipulates the rights for Public EE.
Licenses .
45. Licenses are legal instruments to regulate certain potentially hazardous activities where minimal qualifications and strict adherence to rules are required to ensure that they are carried out efficiently, safely and do not result in potentially very significant and irreparable damage to the environment and human health . In particular, licenses are required for handling hazardous waste; for activities in industrial safety, sources of ionizing radiation, production and handling of pesticides and other agrochemicals. They are issued by the relevant industry regulator (ministry or committee) or an entity to which it has delegated such right. Licensing is also used to ensure the most efficient and sustainable use of natural resources. For example, licenses are required for prospecting, collecting or extracting mineral resources, or for constructing underground facilities not related to mining.
Environmental permits .
46. Permits are meant to ensure the sustainable use of natural resources. There are two types of permits: (a) permits to use natural resources; and, (b) permits for emissions or discharges. The natural resources use permits allow their holders to take a certain number or amount of a particular natural resource within a defined territory and time period. They are issued both to individuals (e.g. to hunt a particular species of animal or harvest particular factories) and to organizations (e.g. permits to extract ground or surface water for a particular use). By law, permits are needed for any commercial use of any resource. The authority that issues the permit and the legislation (government resolution) that applies depend on the resource. Permits to discharge polluted matter are issued by the relevant inspectorate (e.g. previous State Water Inspectorate or State Air Inspectorate – now departments) of the local state environmental protection committees to industrial or agricultural enterprises and municipal utilities that release by products into the environment. The permits allow releasing a certain amount of polluted matter (gases, liquids, solid waste) into the environment. The permits are normally granted for one year and indicate the maximum allowed concentration of the pollutants in the released matter, the maximum volume of the polluted matter and the pollutants allowed.
Environmental norms and standards .
47. Norms are set for air and water pollution, noise, vibration, magnetic fields and other physical factors, as well as residual traces of chemicals and biologically harmful microbes in food. The exceeding of their thresholds results in administrative action, including financial sanctions. Several ministries determine environmental quality standards, each in its field of responsibility. For example, admissible levels of noise, vibration, magnetic fields and other physical factors have been set by the Ministry of Health.
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Implementation and compliance .
48. A number of legal acts establish liability for violations of environmental laws, which can be enforced by several State bodies. In particular, the 2010 Code of Administrative Violations establishes administrative liability for organizations, their officers and individuals for a range of violations, from the careless treatment of land to violation of the rules for water use or water protection or failure to comply with a State ecological expertise. The administrative sanctions for environment related violations can be imposed by the administrative commissions of hukumats, courts, the CEP’s inspectors, the Veterinary Inspectors of the Ministry of Agriculture, and the State Committee for Land Administration, Mapping and Geodezy. The most common administrative sanction is a fine of up to 10 minimal monthly salaries for individuals and up to 15 minimal salaries to officers of organizations. The 1998 Criminal Code covers crimes against ecological safety and the environment, such as violations of ecological safety at work, poaching, and spoiling land, violation of rules for the protection and use of underground resources. The maximum fine is up to 2,000 minimal monthly salaries and the maximum sentence is up to eight years in prison.
B.4 Local Environmental Statutes
The Program of Economic Development up to 2015.
49. In the section dealing with land and water resource, the Program states that effective resolution of social problems substantially depends on the effective use of soil and water resources, the principal resources of the country.
State Environmental Program 2009-2019 :
50. The program, approved in 2009, obligates ministries and offices, heads of administrations and mayors of cities to improve environmental conditions and ensure sustainable development of the country during the period of economic transition. It calls for adoption of modern environmental standards for water, air, soil, solid waste, toxic wastes, and noise control, based on maximum permissible amounts. Standards are to be supplemented by discharge permits. The Program is accompanied by broad ecological zoning, dividing the country into ten zones (Syr Darya, Northern Turkestan, Zeravshan, Gissar, Vaksh, Dangarin, Khulbak Kulyak Tchube, Karategin Baldzhuan Shurobad, Garm Muksu