KERALA STATE TRANSPORT PROJECT II (KSTP II) Environment Management Framework (EMF) April 10, 2019 (Revised/Updated for Project Restructuring) Project Management Team Kerala State Transport Project Public Works Department, Government of Kerala Kerala State Transport Project II Environment Management Framework TABLE OF CONTENTS Abbreviations 1 1.0 Introduction 2 1.1 Background 2 1.2 Rationale for Restructuring of KSTP-II 2 1.3 Objective 3 1.4 Description of Proposed Changes 3 1.5 Proposed Prioritization Framework for Proposed Climate and 4 Disaster Resilience Enhancement Component 1.6 Need for Environmental Management Framework 5 1.7 Purpose and Objectives for Environmental Management 5 Framework 1.8 Revision/ Modification of the EMF 6 1.9 Limitations of the EMF 6 1.10 Disclosure of Safeguard Instruments 6 2.0 Environmental Profile of Kerala 7 2.1 Location 7 2.2 Physiography 7 2.3 Climate 8 2.4 Soil 8 2.5 Drainage 9 2.6 Landslides 9 2.7 Flooding 9 2.8 Flora and Fauna 9 2.9 Protected Area of Kerala State 10 2.10 Agriculture 11 3.0 Legislations and Policies Applicable 12 3.1 Legal Provisions - Environmental Management 12 3.2 Key Statutory Clearance Requirement – Construction Stage 14 3.3 Information Disclosure 17 3.3.1 Right to Information (RTI) Act, 2005 17 3.4 Applicable World Bank Safeguard Policies 17 4.0 Environmental Issues and Management Measures 19 4.1 Road Selection Criteria and Environmental Screening 19 4.2 Environmental Issues 19 4.2.1 Environmental Issues for Roads 19 4.3 Environmental Management Process 20 Kerala State Transport Project II Environment Management Framework 4.4 Integration of EMP/ESMF in Bid/Contract Documents 29 5.0 Implementation Arrangements 30 5.1 Implementation Arrangements for KSTP-II 30 5.2 Revised Project Implementation Arrangements 30 5.3 Implementation of the Climate and Disaster Resilience 30 Enhancement Component 6.0 References 32 LIST OF TABLES 3.1 List of Clearances (applicable) Required Based on Prevailing 14 Regulations 3.2 Applicable World Bank Environmental Safeguard Policies 17 4.1 Typical Anticipated Adverse Impacts, Mitigation Measures for 21 PWD and LSGI Roads LIST OF FIGURES 2.1 District Map of Kerala State 7 5.1 Revised Project Institutional Arrangements for Proposed 31 Restructuring LIST OF ANNEXURE 1 Environmental Screening Form 33 Kerala State Transport Project II Environment Management Framework ABBREVIATIONS BP Bank Policies CPCB Central Pollution Control Board CRZ Coastal Regulation Zone CTE Consent to Establish CTO Consent to Operate CSC Construction Supervision Consultant DEA Department of Economic Affairs DEIAA District Level Environmental Impact Assessment Authority DPR Detailed Project Report EMF Environmental Management Framework EMP Environmental Management Plan EPC Engineering Procurement and Construction ESMF Environmental and Social Management Framework GoI Government of India GoK Government of Kerala GP Gram Panchayat IBRD International Bank for Reconstruction and Development IRC Indian Roads Congress KSTP Kerala State Transport Project KSPCB Kerala State Pollution Control Board KRI Resilient Kerala Initiative LSGD Local Self Government Department LSGI Local Self Government Institution MoEF&CC Ministry of Environment, Forest and Climate Change MoU Memorandum of Understanding NCRMP-II National Cyclone Risk Mitigation Project II NOC No-Objection Certificate OP Operational Policies PPP Public-Private Partnership PDO Project Development Objectives PMT Project Management Team PWD Public Works Department RAP Resettlement Action Plan RoW Right of Way SEIAA State Level Environmental Impact Assessment Authority WB World Bank 1 Kerala State Transport Project II Environment Management Framework 1.0 INTRODUCTION 1.1 Background Government of Kerala (GOK) is implementing the Kerala State Transport Project (KSTP) in two stages, i.e. KSTP-I that was completed in 2011 and KSTP–II that has been taken up now in 2013. The project is to upgrade critical sections of the State’s road network. The project is supported by the International Bank for Reconstruction and Development (IBRD/World Bank). After considering 600 km of high priority roads and a feasibility study of 87 potential road links, Second Kerala State Transport Project (KSTP-II) has identified about 330 km for road improvement. The KSTP II was approved by the World Bank Board on May 14, 2013 and became effective on September 6, 2013, with a total project cost of US$ 445 million, of which US$ 216 is IBRD financing and US$ 229 is counterpart funding from the Kerala State Public Works Department (PWD). The project’s development objective is to “improve condition, traffic flow and road safety with a focus on vulnerable road users on selected roads in Kerala”. The project has three components: Component A - Road Network Upgrading and Safety Improvement; Component B - Road Safety Management; and Component C - Institutional Strengthening. Overall project implementation of the KSTP II Project has been progressing slowly. However, presently continued improvement has been noted in implementation of the civil works under Component A1. The current progress is about 90%, with nearly 236 km road works out of 360 km fully completed, and about 315 km paved to fully widened bituminous concrete standards. In terms of packages, packages 1, 2, 4, 5, & 6 are substantially completed and taken over. Progress in Packages 3A & 3B has been slow, while contracts for packages 4A & 4B were recently awarded. The overall disbursement stands at 48% with the original project completion only three months away (April 2019) and the project still far from achieving its Project Development Objectives. Meanwhile, implementation of the six-point action plan (agreed in August 2017) for strengthening fiduciary arrangements, quality assurance and contract management stands fully complied. KSTP-II project is being implemented in accordance with environmental safeguard documents (EIA, EMP & ESMF). The covenants of KSTP-II project with respect to environmental safeguards are in order. The statutory compliances are in place in all the packages. The institutional capacity and operational arrangement at PMT (KSTP), CSC and Contractors levels are in place. EMP implementation in various the packages has been by and large satisfactory. 1.2 Rationale for Restructuring of KSTP-II The state of Kerala was hard hit by an unprecedented level of rains from June to August 2018 during the monsoon season. It was the worst disaster in nearly one century which ravaged the state, causing floods and landslides in all 14 districts, and affecting approximately 5.4 million people. The devastating floods and landslides caused extensive damage to houses, roads, railways, bridges, power supplies, communications networks, and other infrastructure. The aftermath of the 2 Kerala State Transport Project II Environment Management Framework disaster changed the state’s priorities and presents a risk and an opportunity at the same time, for the state to rebuild itself in a more resilient manner to the growing impact of climate change. In this context, the Government of Kerala (GoK) submitted a request to Department of Economic Affairs (DEA) for restructuring the currently ongoing two World Bank-assisted projects in Kerala: National Cyclone Risk Mitigation Project II (NCRMP II) and KSTP II. On November 15, 2018, the World Bank received an official request from DEA to take necessary actions to reallocate resources amounting to US$ 55 million for 2018-19, available from the two projects (US$ 10 million from NCRMP II and US$ 45 million from KSTP II) immediately, and reallocate US$ 45 million from the current outlay of KSTP II towards reconstruction of roads for the Resilient Kerala Initiative (RKI), through restructuring, for urgent rebuilding efforts needed in Kerala. Pursuant to Section III, Paragraph 12 (Projects in Situations of Urgent Need of Assistance or Capacity Constraints) of the Bank Policy on Investment Project Financing, the Borrower (GoK) is deemed by the Bank to be in urgent need of assistance because of natural disaster. This restructuring is proposed for utilizing savings of US$ 45 million from the KSTP II on RKI in the aftermath of the floods and landslides. The proposed rebuilding activities under RKI will consist of reconstruction of PWD roads (US$ 23 million), Local Self Government Institution (LSGI) roads (US$ 19 million), and Technical Assistance (US$ 3 million). These proposed adjustments and interventions will support priority investments planned under RKI from various sources for enhancing disaster resilience in the state. The safeguards policies and fiduciary arrangements will remain the same. 1.3 Objective The current and proposed project development objectives (PDO) for KSTP-II and proposed restructuring of proposed utilization of savings for rebuilding activities under RKI are described below: Current PDO: The project's development objective is to improve condition, traffic flow and road safety with a focus on vulnerable road users on selected roads in Kerala. Proposed New PDO: The proposed project's development objective is to improve condition, traffic flow and road safety with a focus on vulnerable road users on selected roads in Kerala, and to enhance resilience to climate change and disaster risk. 1.4 Description of Proposed Changes The proposed restructuring of KSTP-II entails the following changes: a. Change in Implementing Agencies and Institutional Arrangements: This includes addition of the Kerala Local Self Government Department (LSGD), the state’s agency responsible for local self-government institutions (LSGI), as one of the implementing agencies of the project, for implementing part of the newly introduced proposed climate and disaster resilience enhancement component. LSGD is responsible for Local Self Government Institution (LSGI) roads, and would have to be involved in the re-building and re-construction of LSGI roads. 3 Kerala State Transport Project II Environment Management Framework b. Change in Project’s Development Objectives: In accordance with the proposed changes in scope and development objectives of the project to include enhanced resilience to climate change and disaster risk, the PDO is proposed to be revised. The original PDO is: “to improve condition, traffic flow and road safety with a focus on vulnerable road users on selected roads in Kerala.” Considering the impact of the state’s vulnerability to climate and disaster risks, the new PDO will be, is proposed to be modified as “to improve condition, traffic flow and road safety with a focus on vulnerable road users on selected roads in Kerala, and to enhance resilience to climate change and disaster risk.”. c. Changes in the Results Framework: The subsequent the changes in the project scope, results framework will have to be partly modified to reflect changes in the PDO and project components, and also to reflect changes in some targets/indicators, necessitated by changes in project circumstances. d. Changes in Project Components: With the shift of priorities after the flood, GoK has decided to include a new component D, on “Climate and disaster resilience enhancement” (estimated cost US$ 80.35 million equivalent to a loan amount of US$ 45 million), which would include re-building and re-construction activities for PWD and LSGI roads. The restructuring would also entail changes in Sub-Component A2 which originally included upgrading 82 km state highway through a Public-Private Partnership (PPP) modified annuity concession. This is now being taken up under EPC mode in suitable packages, owing to the difficulty of implementing the highway on PPP mode arising from poor market response. The overall amount of loan allocated by components/sub-components is shown in table 1 (US$ 45 million would be re-allocated from sub-component A1 to component D, which would both be in the same eligible expenditure category (56%). e. Extension of Loan Closing Date(s): The loan closing date is proposed to be extended by 24 months from April 30, 2019 to April 30, 2021 in order to provide sufficient time for completion of all proposed activities under the new component D as well as satisfactory completion of other works such as Punalur-Ponkunnam road which was recently converted from PPP to EPC mode, and activities under components B and C . 1.5 Proposed Prioritization Framework for Proposed Climate and Disaster Resilience Enhancement Component The proposed Component D on “Climate and disaster resilience enhancement” would include re- building and re-construction activities for PWD and LSGI roads. The exact contours of these sub- components are still under finalization with a set of prioritization/eligibility criteria that would be used for selection of works and schemes under this component. a. Re-building/re-construction of ~40 km PWD roads b. Re-building/re-construction of LSGI roads c. Technical Assistance 4 Kerala State Transport Project II Environment Management Framework 1.6 Need for Environment Management Framework The PWD and LSGI roads proposed under restructuring are spread in various parts of Kerala with varying geographical, topographical and socio- economic conditions. The heterogeneous characteristics, in terms of locations and engineering designs, warrant a mechanism to bring a homogeneous approach in the planning, design and execution of environmental management activities for the proposed works. This has necessitated revision of ESMF for existing KSTP-II that will help and guide the Implementing Agencies (Kerala State Transport Project 2 and Kerala Local Self Government Department (LSGD) in selection of appropriate technique/s to carry out planning, design and implementation of environmental management activities in line with the type and nature of civil works proposed under the project. Therefore, although the general thrust and broad project interventions are well understood, the specific details pertaining to planning and design of the proposed PWD and LSGI roads that the project envisages to support, will be completely known only later in the project cycle. In the given context, an Environmental Management Framework (EMF) serves as an appropriate tool, allowing for flexibility within the boundaries set forth by the requirements of the World Bank’s operation policies and the country’s regulatory mechanisms. The works proposed under the project have a potential to trigger some adverse environment and social impacts in the process, if the works are not properly planned and managed. Also, some opportunities to enhance the positive benefits of the interventions exist, which can be integrated into the planning and design process early-on, provided a clear-cut guidance is available. Therefore, an Environmental Management Framework (EMF) for the project offers the required flexibility in guiding the process of dealing with the unwarranted environmental impacts and would help in augmenting the positive benefits for both situations – for the proposed roads where engineering interventions are known and those roads where engineering design is yet to be initiated. The framework describes the principles, objectives and approach to be followed in avoiding, minimizing and mitigating the adverse environmental impacts that are likely to arise as a result of the implementation of the various restructuring activities proposed in the project including PWD and LSGI Roads. The framework outlines the indicative management measures required to effectively address or deal with the key issues that have been identified during environmental screening of PWD and LSGI roads. The required institutional arrangements for implementing the EMF have also been outlined as a part of this framework. 1.7 Purpose and Objectives for Environmental Management Framework Good environmental management practices are essential and integral elements of sound project preparation and implementation. More specifically, the EMF seeks to : • Establish clear procedures and methodologies for environmental planning, review, approval and implementation of the Project. • To provide practical guidance for planning, designing and implementing the environmental management measures. • Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and related social concerns of the project and; 5 Kerala State Transport Project II Environment Management Framework • Determine the institutional arrangements, including those related to training, capacity building and technical assistance (if required) needed to successfully implement the provisions of the EMF. The application and implementation of the EMF therefore, will: • Support the integration of environmental aspects into the decision-making process of all stages related to planning, design, execution, operation and maintenance of PWD and LSGI roads under the restructuring of KSTP, by identifying, avoiding and/or minimizing adverse environmental and social impacts early-on in the project cycle, • Enhance the positive/sustainable environmental outcomes through improved/ sensitive planning, design and implementation of activities, • Minimize environmental degradation as a result of either individual project or through their indirect, induced and cumulative effects, as much as possible, • Protect human health, and • Minimize impacts on cultural property. The use/implementation of the EMF will also support the achievement of compliance with applicable laws and regulations as well as with the requirements of relevant World Bank policies on environmental safeguard aspects. 1.8 Revision/ Modification of the EMF The EMF will be an ‘up -to-date’ or a ‘live document’ enabling revision, when and where necessary. Unexpected situations and/or changes in the project would therefore be assessed and appropriate management measures will be incorporated by updating the Environmental Management Framework. Such revisions will also cover and update any changes/modifications introduced in the legal/regulatory regime of the country/state. Also, based on the experience of application and implementation of this framework, the provisions and procedures would be updated, as appropriate in consultation with the implementing agencies/ departments and with approval of the World Bank. 1.9 Limitations of the EMF This Environmental Management Framework has been developed in line with applicable World Bank’s Operational Policies (OPs) and is based on the national & state laws and regulations, as applicable at the time of preparation of this document. Any proposed modifications in the laws, regulations or guidelines that were notifi ed as ‘draft’ at the time of preparation of this document have not been considered. 1.10 Disclosure of Safeguard Instruments The borrower will disclose the revised EMF for restructuring of KSTP-II and translated version of executive summary of ESMF in Malayalam language on its website. 6 Kerala State Transport Project II Environment Management Framework 2.0 Environmental Profile of Kerala 2.1 Location Kerala is situated between the Arabian Sea to the west and the Western Ghats to the east. Total geographical area of Kerala is 38,863 km², which is 1.18% of India’s landmass). Kerala’s coast runs some 580 km in length, while the state itself varies between 35 - 120 km in width. Geographically, Kerala roughly divides into three climatically distinct regions, namely, eastern highlands (rugged and cool mountainous terrain), the central midlands (rolling hills), and the western lowlands (coastal plains). Kerala lies between north latitudes 8°.17'.30" N and 12°. 47'.40" N and east longitudes 74°.27'47" E and 77°.37'.12" E. Located at the extreme southern tip of the Indian subcontinent, Kerala lies near the center of the Indian tectonic plate (the Indian Plate); as such most of the state (notwithstanding isolated regions) is subject to comparatively little seismic or volcanic activity. Geologically, pre-cambrian and pleistocene formations comprise the bulk of Kerala’s terrain. The topography consists of a hot and wet coastal plain gradually rising in elevation to the high hills and mountains of the Western Ghats. Figure 2.1: District Map of Kerala State District Map of Kerala State is shown in Figure 2.1. 2.2 Physiography Physiographically,, the terrain of Kerala State has three natural regions namely, lowlands, midland, highlands. Kerala has five physiographic zones, namely, high ranges with elevation above 600 m, foothill zone between 300 to 600 m, upland regions between 100 - 300 m, midland between 20 - 100 m and coastal areas and low land below an altitude of 20 m. The highlands slope down from the Western Ghats (also known as the Sahyadri) which rise to an average height of 900 m, with a number of peaks well over 1800 m in height. It is 18650 sqkm in area and accounts for 48 percent of the total land area of Kerala. This is the area of major plantations like tea, coffee, rubber and various spices and is often known as the ‘Cardamom Hills’. This region is one of the largest producers of many spices especially cardamom from which it earns its name. Anaimudi (2694 meters msl), the highest peak in India after the Himalayas, is in the Munnar division of the Western Ghats. Most of the rivers of Kerala originate from the Western Ghats. 7 Kerala State Transport Project II Environment Management Framework The Midlands, lying between the mountains and the lowlands, is made up of undulating hills and valleys. It is 16200 sqkm in area i.e, about 40 % of the total land area. This is an area of intensive cultivation. Cashew, coconut, arecanut, tapioca, banana and vegetables of different varieties are grown in this area. Lowlands are also known as the coastal area. It covers an area of almost 4000 sqkm. It is made up of numerous shallow lagoons known locally as kayels, river deltas, backwaters and shores of the Arabian sea and is essentially a land of coconuts and rice. This area is very fertile and most of the paddy cultivation is along this area. Kuttanad region of Kerala is one of the very few places in India where cultivation is done below sea level. Water is the main mode of transportation in these areas. 2.3 Climate Kerala’s climate is mainly wet and maritime tropical, heavily influenced by the seasonal heavy rains brought up by the monsoon. Kerala, which lies in the tropic region, is mostly subject to the type of humid tropical wet climate experienced by most of Earth's rainforests. Meanwhile, its extreme eastern fringes experience a drier tropical wet and dry climate. Kerala receives an average annual rainfall of 3107 mm. Parts of Kerala's lowlands may average only 1250 mm rainfall annually while the cool mountainous eastern highlands of Idukki district comprising Kerala's wettest region – receive in excess of 5,000 mm of orographic precipitation annually. Kerala's rains are mostly the result of seasonal monsoons. As a result, Kerala averages some 120–140 rainy days per year. In summer, most of Kerala is prone to gale-force winds, storm surges, and torrential downpours accompanying dangerous cyclones coming in off the Indian Ocean. Kerala’s average maximum daily temperature is around 37 °C while the minimum temperature is 19.8 °C. 2.4 Soil The topo-litho-sequence of Kerala along with variation in rainfall, temperature and alternate wet and dry conditions particularly from the western coast to high ranges in the east and swift flowing rivers lead to the development of different types of natural vegetation and soil. The soil of Kerala can be broadly grouped into coastal alluvium, mixed alluvium, acid saline, kari, laterite, red, hill, black cotton and forest soil. These soil of marine origin are identified along the coastal plains and basin lands as a narrow strip. The elevation of the coastal area is generally below 5m msl. The area has high water table and in some areas it reaches above the surface during rainy season. The soil of the coastal plains are very deep with sandy texture. The texture generally ranges from sand to loamy sand with greyish brown to reddish brown and yellowish red colour. Sand content ranges from 80% and clay up to 15%. Even though these soil have high water table, the water holding capacity is poor due to the predominance of sand. 8 Kerala State Transport Project II Environment Management Framework 2.5 Drainage There are 44 rivers in Kerala, all are originating in the Western Ghats, 41 of them flow westward while 3 flow eastward. The rivers of Kerala are small, in terms of length, breadth and water discharge. The rivers flow faster, owing to the hilly terrain and as the short distance between the Western Ghats and the sea. All the rivers are entirely monsoon-fed and many of them shrink into rivulets or dry up completely during summer. 2.6 Landslides The highlands of Kerala experience several types of landslides, of which debris flows are the most common. They are called ‘Urul Pottal’ in the local vernacular. The characteristic pattern of this phenomenon is the swift and sudden downslope movement of highly water saturated overburden containing a varied assemblage of debris materials ranging in size from soil particles to boulders, destroying and carrying with it everything that is lying in its path. The west facing Western Ghats scarps that runs the entire extent of the mountain system is the most prone physiographic unit for landslides. These scarp faces are characterized by thin soil (regolith) cover modified heavily by anthropogenic activity. The highlands of the region experience an annual average rainfall as high as 5000 mm from the south-west, north-east and pre-monsoon showers. Majority of mass movements have occurred in hill slopes >20° along the western ghats scarps, the only exception being the coastal cliffs. All except 1 of the 14 districts in the state are prone to landslides. Wayanad and Kozhikode districts are prone to deep seated landslides while Idukki and Kottayam are prone to shallow landslides. 2.7 Flooding In Kerala state, incidences of floods are becoming more frequent and severe. The latest among them was the 2018 Kerala floods. Continuous occurrence of high intensity rainfall for a few days is the primary factor contributing to the extreme floods in the State. Other factors include wrong landuse practices and mismanagement of the water resources and forests. Increasing floodplain occupancy results in increasing flood damages to road networks also. It is estimated that about 25% of the total geographical area accommodating about 18% of the total population of the State is prone to floods. 2.8 Flora and Fauna While evergreen forests of Kerala’s easternmost districts, coastal Kerala mostly lies under cultivation and is home to comparatively little wildlife. Kerala state contains 9,400 km2 of natural forests. Out of which, approximately 7,500 km2 of non-plantation forest cover, there are wild regions of tropical wet evergreen and semi-evergreen forests (lower and middle elevations — 3,470 km2), tropical moist and dry deciduous forests (mid-elevations 4,100 km2 and 100 km2, respectively), and montane subtropical and temperate (shola) forests (highest elevations — 100 km2). Such forests together cover 24% of Kerala's landmass. Kerala also hosts two of the world’s Ramsar Convention-listed wetlands: Lake Sasthamkotta and the Vembanad-Kol wetlands are 9 Kerala State Transport Project II Environment Management Framework noted as being wetlands of international importance. There are also numerous protected conservation areas, including 1455.4 km2 of the vast Nilgiri Biosphere Reserve. Eastern Kerala’s windward mountains shelter tropical moist forests and tropical dry forests which are generally characteristic of the wider Western Ghats: crowns of giant sonokeling (binomial nomenclature: Dalbergia latifolia (Indian rosewood), Artocarpus hirsuta (Anjili), Mullumurikku (Erythrina), Cassia, and other trees dominate the canopies of large tracts of virgin forest. Overall, Kerala's forests are home to more than 1,000 species of trees. Smaller flora include bamboo, wild black pepper (Piper nigrum), wild cardamom, the calamus rattan palm (Calamus rotang a type of giant grass), and aromatic Vetiver grass (Vetiveria zizanioides). In Kerala State, the forests play host to such major fauna as the Asian elephant (Elephas maximus), Bengal tiger (Panthera tigris tigris), leopard (Panthera pardus), nilgiri tahr (Nilgiritragus hylocrius), grizzled giant squirrel (Ratufa macroura), etc. More remote preserves, including Silent Valley National Park in the Kundali Hills, harbor endangered species such as the Lion-tailed macaque (Macaca silenus), Indian sloth bear (Melursus (Ursus) ursinus ursinus), and gaur (the so-called "Indian bison" Bos gaurus). More common species include the Indian porcupine (Hystrix indica), chital (Axis axis), sambar (Cervus unicolor), gray langur, flying squirrel, swamp lynx (Felis chaus kutas), boar (Sus scrofa), a variety of catarrhine old world monkey species, the gray wolf (Canis lupus), and the common palm civet (Paradoxurus hermaphroditus). 2.9 Protected Area of Kerala State Approx. 80% of the geographical area of Kerala is under dense forest cover. At present, there are 11 Wildlife Divisions under the Wildlife Wing in Kerala State. The Wing manages 3213.24 Km2 of forest under its protected area network, which includes 5 National Parks, 2 Tiger Reserves, 1 Community Reserve, 17 Wildlife Sanctuaries including 2 Bird Sanctuaries and 1 Peafowl Sanctuary (Choolannur). India’s first Biosphere Reserve is Nilgiri Biosphere Reserve spanning over the forests of Kerala, Tamil Nadu & Karnataka with a total area of 5520 km2. Nilgiri Biosphere Reserve in Kerala state covers Wayanad Wildlife Sanctuary, Silent valley National Park, Nilambur South (New Amarambalam, Karimpuzha), Mannarkkad (Attappady), Palakkad (Siruvani Reserved Forests), Nilambur North, (Chakkikuzhy, Kozhipara, Punchakolly, Ex.Karulai Range (Nilambur Kovilakom), Kozhikode (Kuttyadi, Thamarassery, Vested Forests) and Wayanad South (Kalpetta). 10 Kerala State Transport Project II Environment Management Framework Agasthyamala Biosphere Reserve was formed in 2002 spanning over the forests of Kerala and Tamil Nadu. Agasthyamala Biosphere Reserve in Kerala covers Neyyar, Peppara, Shendurney wildlife sanctuaries, Achencoil, Thenmala, Konni, Punalur and Thiruvananthapuram territorial divisions and Agasthyavanam Biological Park Range. The Kadalundi-Vallikkunnu Reserve, the first community reserve in India has been declared on 18-10-2007 for conserving the biodiversity and cultural heritage of the area with people’s participation 2.10 Agriculture Kerala produces 97% of the national output of black pepper and accounts for 85% of the natural rubber in the country. Coconut, tea, coffee, cashew, and spices including cardamom, vanilla, cinnamon, and nutmeg are the main agricultural products. 80% of India's export quality cashew kernels are prepared in Kollam. The key agricultural staple is rice, with varieties grown in extensive paddy fields. Home gardens made up a significant portion of the agricultural sector. Related animal husbandry is touted by proponents as a means of alleviating rural poverty and unemployment among women, the marginalised, and the landless. 11 Kerala State Transport Project II Restructuring Environment Management Framework 3.0 Legislations and Policies Applicable 3.1 Legal Provisions - Environmental Management The legislations of Government of India (GoI)/ Government of Kerala applicable for KSTP-II and for restructuring proposal for PWD and LSGI road regarding environmental aspects and applicable safeguard policies are summarized in the following sections. i) Environmental Clearance as per Environmental Impact Assessment (EIA) Notification 2006 In the Environmental Impact Assessment (EIA) Notification 2006 as amended time to time issued by MoEF&CC under Environmental (Protection) Act, 1986, construction PWD and LSGI roads are not scheduled activity. Therefore, environmental clearance is not required for any of these roads. ii) Forest Clearance as per Forest (Conservation) Act 1980 The Forest (Conservation) Act 1980, (as amended 1998) pertains to the cases of diversion of forest area if any road proposal is located in forest land. Applicability: Restrictions and clearance procedure proposed in the Forest (Conservation) Act applies wholly to the PWD and LSGI roads, if requiring diversion of forest areas. PWD and LSGI roads, where sufficient ROW is available and forest land is not required, forest clearance will not be required. iii) Wildlife Clearance under The Wildlife (Protection) Act, 1972 The Wildlife (Protection) Act provides for the protection of wild animals’ birds, plants and for matters connected therewith. Applicability: Restrictions/protection measures and clearance procedures in the Wildlife (Protection) Act applies to the LSGI roads passing through notified wildlife protection areas, including national park, sanctuaries, bio reserves, etc. As per selection criteria, PWD and LSGI road passing through wildlife protection areas will be not be selected under KSTP-II restructuring proposal. iv) Eco-sensitive Zone Permission as per The Environmental (Protection) Act, 1986 The Environmental (Protection) Act, 1986 declares eco-sensitive area around environmentally sensitive and protected areas like, national park, wildlife sanctuary, tiger reserves. etc. For most of the national parks, wildlife sanctuaries, tiger reserves, etc eco-sensitive areas has been notified and information is available with Kerala Forest Department and on the web site of Ministry of Environment, Forest and Climate Change (MOEF&CC). Applicability: It applies to the roads located/passing through declared/notified eco-sensitive zone, requiring permission from National Board for Wildlife (NBWL). As per selection criteria, PWD and LSGI road passing through Eco-sensitive Zone areas will not be selected 12 Kerala State Transport Project II Restructuring Environment Management Framework under KSTP-II restructuring proposal. v) Consents under Water (Prevention and Control of Pollution) Act 1974, as amended 1988. The Water (Prevention and Control of Pollution) Act 1974 is enacted to prevent pollution of water sources through the industrial or any other construction activity and for maintaining or restoring of wholesomeness of water. The Contractor needs to take Consent to Establish (CTO) and Consent to Operate (CTO) under water act before establishing HMP, WMM, RMC plants for road. Applicability: No significant water pollution is expected from the project activities, where requirement of water is minimum. However, care will be taken for proper storage of bitumen and lubricants at plants/camp sites. The project may also include setting up of worker's camp and other construction equipment. The Contractor needs to obtained consent for setting up and for operation of the equipment/worker's camp. vi) Air (Prevention and Control) of Pollution Act as amended in 1987 The Air (Prevention and Control of Pollution) Act is enacted to prevent and control air pollution. The emission and air pollutants standards are prescribed under this Act. Applicability: The project includes setting up of hot-mix plants, aggregate crushing plants and other construction vehicles and equipment. The contractors need to take Consent to Establish (CTE) and Consent to Operate (CTO) for setting-up hot mix plant (HMP), Wet Mix Macadam (WMM) plant, ready mix concrete plant (RMC) and crushing plant, as required. The vehicles and equipment to confirm to emission standards as per applicable norms. vii) Noise Pollution (Regulation and Control) Rules, 2000 The Noise Pollution (Regulation and Control) Rules 2000 are promulgated under Environmental (Protection) Act, 1986. Applicability: The referred rules will be applicable for meeting noise pollution standards during construction activities, DG sets operation, plants, etc. viii) Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 This rule provides ‘cradle-to grave’ or comprehensive guidance for collection, treatment, transport, storage and disposal of hazardous wastes and requirement to obtain authorization from State Pollution Control Board (SPCB). Applicability: This rule is applicable, if hazardous wastes like used oil, etc is generated from construction machineries and vehicles engaged in transportation of construction materials, during the road constructions. 13 Kerala State Transport Project II Restructuring Environment Management Framework ix) Solid Waste (Management & Handling) Rules, 2016 The Solid Waste (Management & Handling) Rules, 2016 governs collection, segregation, transportation, and disposal of types of solid wastes, This Rules seeks to minimize the burden on landfills for the disposal of municipal solid wastes by adopting appropriate waste segregation and disposal technologies. Establishing construction camp during construction phase of selected roads will attract the provisions of this rule and warrant proper collection, segregation and disposal of solid wastes, especially from camp and plant sites. x) Construction and Demolition Waste Management Rules, 2016 This Construction and Demolition Waste Management Rules 2016 governs disposal of construction and demolition wastes. During demolition of old bridge/culverts and construction of new bridges/culverts, construction and demolition wastes will be generated. Such wastes will be properly collected and managed as per this rule. xi) Kerala Promotion of Tree Growth in Non-Forest Land Rules 2006 It is proposed that reconstruction of PWD and LSGI roads will be confined within existing ROW. For any tree to be felled from the non-forest land, prior permission will be required as per Kerala Promotion of Tree Growth in Non-Forest Land Rules 2006. xi) Coastal Regulation Zone (CRZ) Notification, 2018 The Coastal Regulation Zone (CRZ) Notification, 2018 will be applicable, if any road is passing through CRZ zone. PWD and LSGI Roads under restructuring of KSTP-II, will be screened as per selection criteria and any road falling in Coastal Regulation Zone will be dropped as it will require prior CRZ clearance. 3.2 Key Statutory Clearance Requirement – Construction Stage During the construction stage of roads under the restructuring of the KSTP-II, some of the key statutory requirements that need may need to be obtained by the PWD/LSGD/ Contractor prior to start construction have been listed in the Table 3.1 below: Table 3.1: List of Clearances (applicable) Required Based on Prevailing Regulations Sr. Type of Statutory Applicability Project Responsibility No Clearance Authority Stage 1. CRZ clearance KCZMA Applicable, Pre PWD/LSGD as per Coastal If road falls construction Regulation Zone under the (CRZ) Coastal Notification, Regulation 2018 Zone 2. Forest Kerala Forest Forest Clearance Pre PWD/LSGD Conservation Act, Department /Tree Cutting construction 1980 Permission for forest area 14 Kerala State Transport Project II Restructuring Environment Management Framework Sr. Type of Statutory Applicability Project Responsibility No Clearance Authority Stage 3. Permission for National Board for For permission Pre PWD/LSGD Eco-sensitive Wildlife (NBWL) if road is located construction Zone under /MoEF&CC Eco-sensitive Environment Zone of Wildlife Protection Act, Sanctuary, 1986 National Park, Tiger Reserve, etc. 4. Wildlife Clearance Hon’ble Supreme Wildlife Pre PWD/LSGD for Wildlife Court/ National Clearance if construction Clearance under Board for Wildlife road is located The Wildlife (NBWL) in Wildlife (Protection) Act, Sanctuary, 1972 National Park, Tiger Reserve, etc. 5. Recommendation Chief Wildlife If Elephant Pre PWD/LSGD for Elephant Warden Corridor/wildlife construction Corridor crossing on the road 6. Tree felling Kerala State Felling of Pre PWD/LSGD permission Forests Trees on Construction Department Revenue or Private land 7. Consent to Kerala State For establishing Construction Contractor Establish Pollution and hot mix (Prior to under the Air Control Board plants, crushers, work (Prevention & etc. initiation) Control of Pollution) Act, 1981 and The Water (Prevention & Control of Pollution) Act, 1974. 8. Consent to Kerala State For operating Construction Contractor Operate under Pollution hot mix plants, (Prior to the Air Control Board SG sets, work (Prevention & crushers, etc initiation) Control of Pollution) Act, 1981 and The Water (Prevention & Control of Pollution) Act, 1974. 9. Permission to Kerala State Storage and With Contractor Store Hazardous Pollution Transportation Consent to Control Board Operate 15 Kerala State Transport Project II Restructuring Environment Management Framework Sr. Type of Statutory Applicability Project Responsibility No Clearance Authority Stage Wastes (like used of Wastes (like oil) used oil) 10. PUC for vehicles Motor Vehicle For construction During Contractor for construction Department of vehicles Construction under Central Kerala Motor and Vehicle Act 1988 11. Borrow Area/ District/State Level Quarrying and Construction Contractor Stone Quarry Environmental Borrowing (Prior to Impact Assessment Operations work Authority initiation) (DEIAA/SEIAA) Other Applicable Regulations The KSTP-II and LSGD road construction agencies require complying with laws of the land, which include inter alia , the following: Workmen's Compensation Act 1923: The Act provides for compensation in case of injury by accident arising out of and during the course of employment; Contract Labour (Regulation and Abolition) Act, 1970: The Act provides for certain welfare measures to be provided by the contractor to contract labour; Minimum Wages Act, 1948: The employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act; Payment of Wages Act, 1936: It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made from the wages of the workers; Equal Remuneration Act, 1979: The Act provides for payment of equal wages for work of equal nature to Male and Female workers and not for making discrimination against female employees; Child Labour (Prohibition and Regulation) Act, 1986: The Act prohibits employment of children below 14 years of age in certain occupations and processes and provides for regulation of employment of children in all other occupations and processes. Employment of child labour is prohibited in Building and Construction Industry; Inter-State Migrant Workmen’s (Regulation of Employment and Conditions of Service) Act, 1979 : The inter-state migrant workers, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, travelling expenses from home to the establishment and back, etc.; The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Cess Act of 1996: All the establishments who carry on any building or other construction work and employs 10 or more workers are covered under this Act; the employer of the establishment is required to provide safety 16 Kerala State Transport Project II Restructuring Environment Management Framework measures at the building or construction work and other welfare measures, such as canteens, first-aid facilities, ambulance, well ventilated housing accommodation for workers near the workplace, etc.. 3.3 Information Disclosure 3.3.1 Right to Information (RTI) Act, 2005 This Act relate to public access to information under the control of public authorities. The Act has provisions to access to information held by or under the control of any public authority and includes: (i) the right to: Inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material'; (iv) obtaining information in the form of diskettes, compact disk, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. Applicability: It empowers people to obtain information on the project. To facilitate project stakeholders, obtain requisite project information. KSTP provides for dissemination of information and procedures, entitlements, project costs, selection criteria of roads etc. 3.4 Applicable World Bank Safeguard Policies In KSTP-II, two safeguard policies triggered are OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement. PWD and LSGI roads are located in rolling /mountainous terrain and some of the them might be passing through forest area. However, diversion of forest land may not be required if sufficient ROW is available in forest areas. The World Bank’s safeguard policies applicable to the PWD and LSGI roads are detailed Table 3.2: Table 3.2: Applicable World Bank Environmental Safeguard Policies S. World Bank Applicability How Project Address No. Policy Policy Requirements? 1. Environmental Applicable: Project is likely Implementation of Assessment OP 4.01 to have impacts on environmental management environmental components and mitigation measures for such as on ambient air quality addressing environmental water bodies, noise and waste issues. generation, existing slopes on embankment, hills and valley side, trees along the road, etc. 2. Natural Habitats OP Not Applicable: Some PWD Avoidance measures, 4.04 and LSGI roads are likely to be including non-inclusion of close to sensitive natural such roads in the project. habitats. 3. Forests OP 4.36 Not Applicable: Some PWD avoidance/minimization of and LSGI roads are likely to be construction and allied 17 Kerala State Transport Project II Restructuring Environment Management Framework S. World Bank Applicability How Project Address No. Policy Policy Requirements? in/close to forest areas and activities in forest areas. may need forest land diversion, if forest land is Non-inclusion of such roads in involved. the project. 4. Physical Cultural Applicable: The project Provisions made for relocation Resources OP4.11 entails risk/ damage to cultural of cultural properties and properties and has likelihood protection of the same through of chance-finds during design modifications and other construction phase. measures. 5. Involuntary Applicable: In KSTP road, Avoid or minimize Resettlement OP/BP land acquisition was involved. involuntary resettlement and, 4.12 However, in LSGI roads where this is not feasible, sufficient ROW is available, assist displaced persons in therefore, land acquisition will improving or at least restoring not be required. their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. Apart from compliance to the above policies, the project will comply with the bank procedure, BP17.50. Disclosure shall be carried out at all stages of the project as at planning stage, prioritization stage, project preparation stage and implementation stages. The list of roads shall be displayed with road selection and prioritization criteria. Consultations shall be conducted with the community, PWD, LSGI etc at the project preparation and implementation stages. 18 Kerala State Transport Project II Restructuring Environment Management Framework 4.0 Environmental Issues and Management Measures 4.1 Road Selection Criteria and Environmental Screening Environmental screening and review of PWD and LSGI roads in flood affected Idukki and Waynad Districts were carried out for identification of typical environmental impacts and eco- sensitive issues. PWD and LSGI under restructuring of KSTP-II will be selected based on selection and prioritization criteria. The selection criteria for LSGI /PWD road includes the following factors/aspects such as: • Road should have undergone extensive damage from floods in 2018. • Road should be necessary for the general public/local governing bodies/ state’s strategic network. • Road should have available ROW and low environmental/ecological impacts. • Road should be possible to apply at-least PMGSY single lane design standards with or without shoulders • Priority should be given to roads with high damage slips, landslides, breach in the road, bridges, culverts and road side drain during last floods • Priority should be given to roads with a higher importance from a local’s need perspective The prioritization criteria considered for the PWD and LSGI roads is given below: • Priority to roads with severe damage during last floods • Priority to roads with a higher importance from a local need perspective • Priority to roads with a higher priority on the state’s strategic network/LSGI requirements The environmental screening exercise for PWD and LSGI roads to be selected under restructuring of KSTP-II shall be carried out PWD and LSGD prior to initiation of the DPR activities/estimates. The environmental screening exercise shall be a useful tool to identify the environmental issues, and thereby integrate them into the project preparation, and not as an exclusion criterion for avoiding environmental impacts. The environmental screening format is presented in Annexure 1. 4.2 Environmental Issues 4.2.1 Environmental Issues for Roads The PWD and LSGI road reconstruction/widening activities, if not properly managed and mitigated, could have some local level adverse environmental impacts. The proposed road works are likely to create some adverse environmental impacts, particularly during the construction stage. While the adverse impacts are likely to be fairly limited in the local context, the exact nature and magnitude of impacts will vary in accordance to the location and type of engineering interventions. The identification and assessment of anticipated environmental impacts carried out for roads has been used as a basis for framing environmental management measures. PWD and LSGI roads located Idukki and Waynad Districts and damaged during the August 2018, were visited for environmental screening and to have an understanding of pertaining environmental issues 19 Kerala State Transport Project II Restructuring Environment Management Framework and mitigation measures required. The key environmental issues in the flood affected PWD and LSGI road as given below: • Slips and landslides on the roads located in hilly area – requiring climate resilient protection work • Damage to bridges and culverts – requiring climate resilient bridges and culverts design • Breach in the road embankment and valley side – requiring climate resilient retaining walls/protection works • Damage to earthen longitudinal drains – requiring reconstruction of longitudinal drains • Damage to pavement and shoulders – requiring reconstruction of road. The typical likely environmental impacts from the PWD and LSGI road reconstruction/widening activities would include: 1. Collection and disposal of debris accumulated on the road during slips/landslide at the time of flood. 2. Quarrying of stones and boulder for protection works, breast and retaining walls at slip and landslide areas. 3. Cleaning and reconstruction of the choked/damaged culverts, longitudinal and crossed drains. 4. Construction of new or damaged bridge on flowing water streams/rivers. 5. Adverse impacts on water resources, including silt flow during construction of works in rains; 6. Induced environmental impacts due to improper borrowing of earth/quarrying; 7. Improper management and disposal of debris and other wastes arising due to complete removal of old road pavement, dismantling of bridges and other structures; 8. Felling of some limited number of roadside trees/shrubs coming on the shoulders; 9. Construction phase impacts, including those related to camp site operation, 10. Dust generation and exhaust pollution from hot mix plants, machineries, and vehicles and disposal of debris/other construction wastes; 11. Transportation and storage of construction materials (such as aggregates, sand, earth, etc); 12. Safety concerns during construction works and due to availability of limited ROW; 13. Work zone related environmental and safety issues. 14. Plants related issues and its management 15. Labour safety and welfare issues. 16. Demobilization after completion of work. The cumulative direct, indirect and induced adverse environmental impacts resulting from the proposed road works can cause significant damage to environment, if not addressed appropriately. 4.3 Environment Management Process The proposed PWD and LSGI road works will be mostly confined within the existing available ROW. The environmental management process and tools for the project will be designed keeping in mind this varied scope of work for road works in flood affected areas. Accordingly, an Environmental Management Framework (EMF) has been prepared to effectively plan, design and integrate environmental dimensions into the over-all project preparation and implementation. The EMF has been prepared to guide the project preparation and 20 Kerala State Transport Project II Restructuring Environment Management Framework implementation process and covers aspects such as screening methodology (including on forest/wildlife and eco sensitive zone issues); anticipated environmental issues and mitigation measures, revised institutional arrangements (including LSGI) to facilitate compliance with the requirements specified in the World Bank Operational Policies and those required under Govt. of India and Government of Kerala regulations. The framework will help in addressing environmental issues and risks and subsequently managing them in a structured and systematic manner. The EMF has been informed by: (a) the results of an environment screening exercise; and (b) experiences of KSTP for the Bank-funded road projects in the state, particularly the completed the on- going under KSTP-II. The requirements set forth in the EMF for effective implementation of the PWD and LSGI roads works, will be appropriately integrated and cross- referenced in the Detailed Project Reports/estimates, contract conditions and Bills of Quantities. Typical anticipated adverse impacts, mitigation measures /best practices for the proposed works in PWD and LSGI roads are given in Table 4.1. Table 4.1: Typical Anticipated Adverse Impacts, Mitigation Measures for PWD and LSGI Roads Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts I. Design Phase 1. Roads located within As per selection criteria, PWD and LSGI road PWD/LSGD protected area passing through protected area like wild life like wildlife sanctuary, national park, tiger reserves, etc. sanctuary, national park, will be not be selected under KSTP-II tiger reserves, etc. restructuring proposal. 2. Roads located within eco As per selection criteria, PWD and LSGI road PWD/LSGD passing through Eco-sensitive Zone areas will sensitive zone of wild life sanctuary, national park,be not be selected under KSTP-II restructuring tiger reserves, etc. proposal. 3. Diversion of forest land As per selection criteria, PWD and LSGI road PWD/LSGD for widening of road. passing through forest area and requiring diversion of forest land for widening of the road, will be not be selected under KSTP-II restructuring proposal. 4. Enhancement measures Necessary enhancement measures for PWD/LSGD for wildlife crossing identified wildlife crossing and information signages will be provided at such locations in consultation with local forest/wildlife division. II. Pre-construction Phase 1. Impacts due to clearance Advance notice shall be given to the Contractor of encroachment in ROW encroachers & squatters present in the Corridor of Impact, who need to be relocated. All R&R activities will be undertaken. Entitlements as per PWD and LSGI entitlement framework will be completed before construction starts. 2. Impacts due to removal Trees will be removed from the Corridor of Contractor of tree Impact before the actual commencement of the 21 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts work with the permission from the state Forest Department. 3. Preservation of Trees All efforts will be made to preserve trees Contractor including evaluation of minor design adjustments/alternatives (as applicable) to save trees. If any particular species declared as ‘protected’ by the State’s Forest Dept. in the private land will be felled only after due clearance is obtained. 4. Impacts due to relocation All community utilities and properties i.e. open Contractor of community utilities and wells, water supply lines, sewer lines, common property telephone cables, telephone cables will be resources relocated appropriately before construction starts in the road. 5. Impacts due to Relocation Any religious property resource such as Contractor of affected cultural and shrines, temples and mosques within the religious properties project road will be relocated with proper consultation with local people and agreed cultural property rehabilitation plan. The relocation will be completed before the construction starts in these sites. 6. Impacts due to All construction plants will be sited Contractor establishment of crushers, sufficiently away from settlements and hot-mix plants and agricultural operations or any commercial batching plants location establishments. Such plants will be located at least 100 m away from the nearest dwelling preferably in the downwind direction. 7. Impacts due to other All vehicles, equipment and machinery to be Contractor construction vehicles, procured for construction will confirm to the equipment and relevant vehicular emission standards machineries stipulated by Central Pollution Control Board (CPCB) norms. The discharge standards promulgated under the Environment Protection Act, 1986 and Motor Vehicles Act, 1988 shall be strictly adhered to. The silent/quiet equipment available in the market shall be used in the project. The Contractor shall maintain a record of Pollution Under Control (PUC) Certificates for all vehicles and machinery used during the contract period. 8. Impacts due to borrow The Contractor will not start borrowing of Contractor areas and stone quarry earth from select borrow areas or operation of stone quarry until the formal clearance is obtained from DEIAA/SEIAA. Incase Contractor decides to procure earth, stone and aggregate from existing third party borrow areas or quarry, approval and clearance for the same will be ensured and kept in record. 22 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts 9. Employment The contractor preferably will use unskilled Contractor Opportunities labour drawn from local communities to give the maximum benefit to the local community. 10. Regulatory Permissions Before start the construction, the Contractor and Statutory Compliance PWD/LSGD/Contractor will obtain necessary Permissions/Clearance/Consent to Establish (CTO) and Consent to Operate (CTO) for tree cutting, borrow area, stone quarry, plants and camps, etc. III. Construction Phase 1. Impacts due to clearing If required vegetation will be removed from the Contractor and grubbing- loss of construction zone before commencement of shrubs and ground flora. construction. All works will be carried out such that the damage or disruption to flora other than those identified for cutting is minimum. Only ground flora/shrubs that impinge directly on the permanent works or necessary temporary works will be removed. The Contractor, under any circumstances will not cut or damage trees. Trees identified under the project will be cut only after receiving permission from the Forest Dept. 2. Disposal of debris from Contractors will prepare debris disposal plan in Contractor hill cutting, dismantling consultation with PMT/CSC. All efforts will structures and removal made to reuse of excavated earth towards the road surface hill ward side for widening of the existing road in hilly portion. Other debris generated due to the dismantling of the existing road will be suitably reused in the proposed construction, subject to the structure suitability of the materials and approval from technical team. For filling and leveling of areas, the sub grade of the existing pavement shall be used as embankment fill materials. The existing base and sub-base materials shall be recycled as sub-base of the haul road or access roads. The existing bitumen surface may be utilized for the paving of cross roads, access roads and paving works in construction sites and camps, temporary traffic diversions, haulage routes etc. The Contractor will suitably dispose off unutilized debris materials either through filling up of borrows areas located in wasteland or at pre-designated disposal locations, subject to the approval from PMT/CSC. 3. Impacts due to other Contractor will ensure that any spoils or Contractor Construction Wastes material unsuitable for embankment fill will Disposal not be disposed off near any water course or agricultural land or forest land. Such spoils from excavation can be used to reclaim borrow 23 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts pits and low-lying areas located in barren lands along the project road (if is so desired by the owner/community and approved by the PMT/CSC). All waste materials will be completely disposed and the site will be fully cleaned and certified by PMT/CSC before handing over. The contractor at its cost shall resolve any claim, arising out of waste disposal or any non- Compliance that may arise on account of lack of action on his part. 4. Planning for Traffic As required for construction of Contractor Diversions And Detours road/bridge/culverts, temporary diversions will be constructed with the approval of PMT/CSC. The traffic control plans shall contain details of temporary diversions, traffic safety arrangements for construction under traffic, details of traffic arrangement after cessation of work each day and safety measures for night time traffic. The Contractor will ensure that the diversion/detour is always maintained in running condition. The Contractor will also inform local community of changes to traffic routes, conditions and pedestrian access arrangements. The temporary traffic detours will be kept free of dust by sprinkling of water regularly and as required under specific conditions. 5. Fugitive dust emissions Contractor will maintain roads, which are used Contractor from transporting for transporting construction materials, construction materials and equipment and machineries as précised. All haul road management vehicles delivering fine materials to the site will be covered to avoid spillage of materials. Existing road used by vehicles of the Contractor or any of his subcontractor or suppliers of materials and similarly road, which are part of the works, will be kept clear of all dust/mud or other extraneous materials dropped by such vehicles. Contractor will arrange for regular water sprinkling as necessary for dust suppression of all such roads and surfaces. 6. River training and While working across or close to any perennial Contractor disruption to other users water bodies, Contractor will not obstruct flow of water of water. Construction over and close to the non-perennial streams shall be undertaken in 24 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts the dry season. If construction work is expected to disrupt users of community water bodies, notice shall be served well in advance to the affected community. 7. Break in natural drainage Appropriate provisions will be made to Contractor maintain natural drainage by providing cross drainage culverts, road side drains to compensate any unlikely disturbance in natural drainage. 8. Drainage and Flood Contractor will ensure that no construction Contractor Control materials like earth, stone, or appendage disposed off in a manner that block the flow of water of any water course and cross drainage channels. Contractor will take all necessary measures to prevent temporary or permanent flooding of the site or any adjacent area. 9. Siltation of water bodies The contractor will not excavate beds of any Contractor and degradation of water stream/any other water body for borrowing quality earth or collection of stones/boulders for embankment construction or protection works. Contractor will provide silt fencing at the base of the embankment construction for the entire perimeter of any water body adjacent to the project road. The fencing will be provided prior to commencement of earthwork and continue till the stabilization of the embankment slopes, on the particular sub- section of the road. Contractors will ensure that construction materials containing fine particles are stored in an enclosure such that sediment-laden water does not drain into nearby watercourse. 10. Slope Protection and Contractors will construct slope protection Contractor Control of Soil Erosion works as per design to control slip, landlide, soil erosion and sedimentation through use of breast walls, retaining walls, bioengineering methods, dykes, sedimentation chambers, basins, fibber mats, mulches, grasses, slope, drains and other devices. Along road sections abutting water bodies, stone pitching, gabion wall, etc as per design specification will protect slopes. Contractors will ensure the following aspects: 25 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts • After construction of road embankment, the side slopes will be covered with grass and shrubs as per design specifications. • Turfing works will be taken up as soon as possible provided the season is favourable for the establishment of grass sods. Other measures of slope stabilization will include mulching netting and seeding of batters and drains immediately on completion of earthworks. • In borrow pits, the depth shall be so regulated that the sides of the excavation will have a slope not steeper than 1 vertical to 2 horizontal, from the edge of the final section of the bank. 11. Water pollution from fuel Contractors will ensure that construction Contractor and lubricants vehicle parking locations, fuel/lubricants storage sites, vehicle, machinery and equipment maintenance and refuelling sites will be located at least 100 m away from rivers. Wastewater from vehicle parking, fuel storage areas, workshops, wash down and refuelling areas will be treated in an oil interceptor before discharging into on land or into surface water bodies or into other treatment system. 12. Sewage discharge from Raw sewage shall not be discharged on land or Contractor camps and portable in any water body. Proper septic tanks and soak toilets pits will be provided to toilets at work sites and labour camps. 13. Labour facilities at Work • The Contractors shall provide portable Contractor Sites toilets and urination facility for workers at works sites (road, bridge and culverts construction sites) with septic tanks followed by soak pits for male and female separately. • Open defecation and urination will be strictly be prohibited. 14. Waste Disposal at work The contractor will provide garbage bins at Contractor sites work sites and ensure that these are regularly emptied and disposed off in a hygienic manner. 15. Fugitive Dust Pollution Contractors will take every precaution to Contractor reduce the level of dust from construction sites involving earthwork by sprinkling of water and encapsulation of dust source. Contractors will ensure regular water sprinkling on dust prone areas in settlements, forest area and agriculture field. 16. Exhaust/vehicular Contractors will ensure that all vehicles, Contractor emission from equipment and machinery used for 26 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts construction vehicles, construction are regularly maintained and equipment and confirm that pollution emission levels comply machineries with the relevant requirements of CPCB and/ Motor Vehicles Rules. The contractor will submit PUC certificates for all vehicles/ equipment/machinery used for the project. 17. Noise from vehicles, The contractors will confirm the following: Contractor plants and equipment • All Construction plants and equipment used in construction shall strictly conform to the CPCB noise standards. • All vehicles and equipment used in construction will be fitted with exhaust silencers. • Maintenance and servicing of all construction vehicles and machinery will be done regularly. Use of high noise generation equipment will be stopped during the night time between 10.00 pm to 6.00 am. Working hours of the construction activities will be restricted around educational institutes/health centers (silence zones) up to a distance of 100 m from the sensitive receptors. 18. Personal Safety Contractors will provide: Contractor Measures for Labour • Necessary Personal Protective Equipment’s (PPEs) like safety shoes, gumboots, hand gloves, helmets, protective goggles, ear muff, ear plug, high visible jackets, etc shall be provided to the workers employed in asphalt works, batching plant, road, bridge & culverts construction sites, concrete works, crusher etc. • The contractor will comply with all regulations regarding safe scaffolding, ladders, working platforms, gangway, stairwells, excavations, trenches and safe means of entry and egress. • The Contractor will make sure that during the construction work all relevant provisions of Building and other Construction Workers (regulation of Employment and Conditions of Services) Act, 1996 are adhered to. The contractor will not employ any person below the age of 14 years for any work. 27 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts 19. Risk Force Measure Contractors will make required arrangements Contractor so that in case of any mishap all necessary steps can be taken for prompt first aid treatment. Construction safety plan to be prepared by the Contractor, will identify necessary actions in the event of an emergency. 20. First Aid Contractors will arrange the following: Contractor • A readily available first aid unit including an adequate supply of sterilized dressing materials and appliances as per the Factories Rules in every work zone. • Availability of suitable transport at all times to take injured or sick person(s) to the nearest hospital. 21. Informatory Signs and Contractors will provide, erect and maintain Contractor Hoardings informatory/safety signs, hoardings written in English and local language (Malayalam), wherever required. These signs boards should be as per IRC Codes. 22. Chance Found All fossils, coins, articles of value of antiquity, Contractor Archaeological Property structures and other remains or archaeological interest discovered on the site shall be the property of the Government and shall be dealt with as per provisions of the relevant legislations and should be protected/preserved or enhanced as per the law. IV. Labour Camp Management 23. Labour Accommodation Contractor will follow all relevant provisions Contractor of the Building and the other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 for construction labour camp. The Contractor will maintain necessary living well ventilated accommodation and ancillary facilities in functional and hygienic manner. 24. Sanitation and Sewage The Contractors will ensure that : Contractor System at labour camps sites • The sewage and disposal system from the camp shall be designed, built and operated in such a fashion that no health hazards occur and no pollution to the air, ground water or adjacent water courses take place, • Toilets shall be provided with septic tanks followed by soak pits, • Separate toilets/bathrooms with adequate water supply, wherever required shall be provided for male and female marked in English and Malayalam language, • Open defecation will be strictly be prohibited. 28 Kerala State Transport Project II Restructuring Environment Management Framework Sn. Anticipated Adverse Mitigation Measures /Best Practices Responsibility Impacts 25. Waste Disposal at camps The contractor will provide garbage bins in the Contractor sites and work sites camps and work sites; and ensure that these are regularly emptied and disposed off in a hygienic manner. V. Restoration and Demobilization Phase 26. Clean-up Operations, Contractors shall prepare site restoration plans. Contractor Restoration and The clean-up and restoration operations after Rehabilitation completion of construction activities shall be implemented by the Contractor prior to demobilization. The Contractor will clear all temporary structures; dispose all garbage, night soils and POL (Petroleum, Oil and Lubricants) wastes. All disposal pits or trenches will be filled in and effectively sealed off. Residual topsoil, if any will be distributed on adjoining/ proximate land or areas identified by the Contractor and approved by PMT/CSC in a layer of thickness of 75 mm-l50 mm. All construction zones and facilities including culverts, road-side areas, camps, hot mix plant sites, crushers, batching plant sites and any other area used/affected due to the project operations shall be left clean and tidy, at the Contractor’s expense, to the entire satisfaction to the PMT/CSC. 4.4 Integration of EMP in Bidding/Contract Documents The EMP for PWD and LSGI roads/ESMF will be integrated with the bid / contract documents. The following will be ensured as applicable: • EMP (without cost / budget information) will be attached as “Volume V” of the bid / contract documents. • Environmental management measures to be separately estimated will listed in the “Part 1: Bidding Procedures, Section IV, Bill of Quantities (BOQ) under Bill No. 11.” • Penalty provisions for non-compliance to EMP/Mitigation Measures will be included in “Volume II: Particular Technical Specifications” and “Part 3: Conditions of contract and contract forms, Section IX Particular Conditions.” • Manpower / personnel responsible for the EMP implementation will be a requirement under “Section III Evaluation and Qualification Criteria.” 29 Kerala State Transport Project II Restructuring Environment Management Framework 5.0 Implementation Arrangements 5.1 Implementation Arrangements for KSTP-II PWD will have overall responsibility for implementation of the project after structuring of KSTP-II. The PWD has delegated the offices of KSTP to undertake the day to day management of the project. A Project Management Team (PMT) has been established within the PWD under the control of the Project Director, KSTP, specifically to manage the project. The PMT is responsible for planning, budgeting, procurement, implementation, coordination, management and monitoring of various components of the project including implementation of the Resettlement Action Plan and the Environmental Management Plan / Framework. The PMT is managed by a Project Director, in the rank of a senior level Chief Engineer and assisted by one Chief Engineer. KSTP will be supported on the ground by 5 divisional offices headed by an Executive Engineer. Supervision consultant available to provide support in implementation of project. 5.2 Revised Project Implementation Arrangements The proposed restructuring would entail changes in the project institutional and implementation arrangements to include a new implementing agency, the Kerala Local Self Government Department (LSGD) - the state’s agency responsible for local self-government institutions, as one of the implementing agencies of the project. This agency would be primarily responsible for the re-building and re-construction activities for LSGI roads as part of the proposed new component D, on “Climate and disaster resilience enhancement”, which would include re- building and re-construction activities for PWD and LSGI roads. The revised project institutional arrangements are depicted in Figure 5.1 below, with inclusion of component D, and LSGD. 5.3 Implementation of the Climate and Disaster Resilience Enhancement Component The responsibility for implementation of this component (planning, budgeting, procurement, implementation) would be jointly with LSGD, PWD, and KSTP for respective modules on (i) re-building and re-construction activities for PWD roads, (ii) re-building and re-construction activities for LSGI Roads, and (iii) overall responsibility for implementation, co-ordination, management, liaising with the World Bank, producing monthly and quarterly reports for the World Bank and, as required for the Steering Committee, and monitoring (KSTP), as shown in Figure 5.1. The specific responsibilities of the proposed additional implementing agency, LSGD, would be as follows: • Post disaster needs assessment (through a vulnerability and risk assessment) along the proposed road network (LSGD responsible along with PWD and KSTP); • Re-building and re-construction activities for proposed PWD and LSGI roads under the climate and disaster resilience enhancement component; 30 Kerala State Transport Project II Restructuring Environment Management Framework Project Steering Coordination with PWD, Transport, Police, Committee Health, Revenue, Forest, LSGD PWD LSGD - M&E Unit D. Climate and - - CE Admin B. Institutional Disaster resilience Strengthening enhancement KSTP Tech. Audit Independent Road Safety A. Road Network Authority Engineer Upgrading and C. Road Safety Supervision Safety Management Consultant Improvement Divisional Divisional Divisional Divisional Divisional office office office office office Contractors Figure 5.1 : Revised Project Institutional Arrangements for Proposed Restructuring 31 Kerala State Transport Project II Restructuring Environment Management Framework REFERENCES 1. Environmental Management Framework (MEF), KSTP-II, Feb 2013 2. Keller, G.; Sherar J.; Best Management Practice Field Guide, Low-Volume Roads Engineering, US Agency for International Development (USAID), Washington, DC. May, 2003. 3. General Conditions of Contract for Central P.W.D. Works, A Government of India Publication, 2003 4. State of Environment Report- Kerala 2007, Kerala State Council for Science, Technology and Environment 5. Hill Road Manual (IRC:SP-48) 6. Recommended Practice for Borrow Pits for Road Embankment Constructed by Manual Operation, IRC: 10-1961, Indian Road Congress (IRC) Publication, 1961 7. Guidelines for The Design of Small Bridges and Culverts, IRC: SP: 13-1973, Indian Road Congress (IRC) Publication, 1973. 8. Guidelines on Supplemental Measures for Design, Detailing & Durability of Important Bridge Structures, IRC: SP: 33-1989, Indian Road Congress (IRC) Publication, 1973. 9. Guidelines on Road Drainage, IRC: SP: 42-1979 10. Manual on Landscaping of Roads, IRC: SP: 21-1979, Indian Road Congress (IRC) Publication, 1979 11. Howell John., Road side Bio-engineering 12. Donald H Gray, Robbin B Sotir., Biotechnical and Bioengineering Slope Stabilization-A Practical Guide for Erosion Control. (Wiley) 32 Kerala State Transport Project II Restructuring Environment Management Framework Annexure 1 ENVIRONMENTAL SCREENING FORM PWD and LSGI Roads under Restructuring of KSTP-II Part A: General Information 1. Name of the District 2. Type of proposed sub-project activity (tick the applicable option) ■ Roads/Bridges/Culverts ■ Any Other (Please Specify) 3. Location of the sub-project ■ Village (with Latitude and Longitude) ■ Taluka 4. Size of the sub-project (length in mt/km, as relevant) 5. Land Requirement (in hac./sq. mt.) ■ Total Requirement ■ Private Land ■ Govt. Land ■ Forest Land 6. Implementing Agency Details (sub-project level) ■ Name of the Department ■ Name of the designated contact person ■ Designation ■ Contact Number ■ E -mail Id 7. Details about the Screening Exercise ■ Date ■ Name of the Person ■ Contact Number ■ E-mail Id Part B (1): Environment Screening Question Yes No Details 1. Is the sub-project located in whole or part within the Coastal Regulation Zone? 33 Kerala State Transport Project II Restructuring Environment Management Framework 2. Is the sub-project located in whole or part in/near any of the following environmentally sensitive areas (provide authentic information about distance from the road)? a. Biosphere Reserve b. National Park c. Wildlife/Bird Sanctuary d. Tiger Reserve/Elephant Reserve e. Eco Sensitive Area of Wildlife Sanctuary/National Park/ Tiger Reserve/ Biosphere Reserve/etc f. Elephant Corridor/Wildlife Crossing g. Wetland/Perennial River/Stream h. Important Bird Areas (IBAs) i. Coastal area with corals j. Mangrove area k. Estuary with mangroves l. Natural Lakes m. Swamps/Mudflats n. Habitat of migratory birds (outside protected areas) o. Migratory Route of Wild Animals/ Birds p. Area with threatened/ rare/ endangered - fauna q. Area with threatened/rare/ endangered flora (outside protected areas) r. Reserved/Protected Forest s. Zoological Park /Botanical Garden 3. Is the sub-project located within 500 meters from rivers, streams, estuaries or deltaic mouths? 4. Is the sub-project located in whole or part near any of the following sensitive features? a. World Heritage Sites b. Archaeological monuments/sites (under ASI's central/state list) 34 Kerala State Transport Project II Restructuring Environment Management Framework c. Historic Places (not listed under ASI - central or state list but regionally/locally important) d. Reservoirs/Dams e. Public Water Supply Areas from Rivers/Surface Water Bodies/ Ground Water Sources Part B (2) : Result/Outcome of Environmental Screening Exercise 1. Environment Impact Assessment Required 2. Environmental Management Plan Required 3. CRZ Clearance required 4. Environmental Clearance Required 5. Forest Clearance Required 35