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Environmental Monitoring Report Bi-annual Report January-June 2015 ARM: Sustainable Urban Development Investment Program Tranche 1 Project Number: 42417 Loan Number: L2752 Prepared: July 2015 Prepared by the Yerevan Municipality, Yerevan Project Implementation Unit for the Government of Armenia and the Asian Development Bank.

Environmental Monitoring Report · 2015. 8. 10. · 1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES

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Page 1: Environmental Monitoring Report · 2015. 8. 10. · 1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES

Environmental Monitoring Report

Bi-annual Report

January-June 2015

ARM: Sustainable Urban Development Investment

Program – Tranche 1

Project Number: 42417 Loan Number: L2752 Prepared: July 2015

Prepared by the Yerevan Municipality, Yerevan Project Implementation Unit for the Government of Armenia and the Asian Development Bank.

Page 2: Environmental Monitoring Report · 2015. 8. 10. · 1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES

This environmental monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Page 3: Environmental Monitoring Report · 2015. 8. 10. · 1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES

ABBREVIATIONS

ADB Asian Development Bank AP affected people CEMP contractor’s environmental management plan DESC detailed engineering and construction supervision consultant EARF environmental assessment and review framework EHSS environmental, health and safety specialist EIA environmental impact assessment EMP environmental management plan EMR environmental Monitoring Report ES environmental specialist GRM grievance redress mechanism IEE initial environmental examination MNP Ministry of Nature Protection NPE nature protection expertise PFR Periodic Financial Request PIU project implementation unit PPMS project performance monitoring system REA rapid environmental assessment RA Republic of Armenia RE resident engineer SEMP site-specific environmental management plan SNCO state non-commercial organization SPS (2009) Safeguards Policy Statement (2009) SUDIP Sustainable Urban Development Investment Program YM Yerevan Municipality

Page 4: Environmental Monitoring Report · 2015. 8. 10. · 1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES

Contents

I. Introduction .................................................................................................................................. 5

A. Project Description ................................................................................................................... 5

B. Implementation Progress .......................................................................................................... 6

a. New Shirak street-Artashat highway Tender 2 .......................................................................... 6

b. Davitashen-Ashtarak highway, Babajanyan-Ashtarak highway and Argavand-Shirak

street road links (Tranche 2) ............................................................................................................ 7

II. Environmental Management ........................................................................................................ 7

A. Institutional Arrangements of the Project .................................................................................. 7

B. Environmental Safeguards Program ......................................................................................... 8

C. Construction Site-specific Environmental Management Plan .................................................... 8

D. Archaeological Works Program ................................................................................................ 9

E. Grievance Redress Mechanism and Public Consultation ......................................................... 9

F. Meetings and Communication ................................................................................................ 10

G. Awareness Raising and Environmental Training ..................................................................... 10

III. Environmental Monitoring ....................................................................................................... 11

A. Environmental Monitoring Program ........................................................................................ 11

B. Environmental Monitoring Program for Tender 2 .................................................................... 11

B. Non-compliance Notices ......................................................................................................... 12

C. Corrective Action Plans .......................................................................................................... 12

IV. ADB Mission, Findings and Recommendations ...................................................................... 13

V. Future program .......................................................................................................................... 13

VI. Annexes ................................................................................................................................. 14

A. Annex 1: List of training participants for Tender 2 ...................................................................... 14

B. Annex 2: Corrective action plan for Tender 2 ............................................................................. 20

C. Annex 3: Status of the action from previous environmental monitoring report ............................ 25

D. Annex 4: The results of air quality, noise and vibration monitoring for Tender 2 ......................... 26

E. Annex 5: Example of weekly environmental monitoring checklist .............................................. 26

Page 5: Environmental Monitoring Report · 2015. 8. 10. · 1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES

I. Introduction

1. This bi-annual environmental monitoring report covers the time period of January-June 2015. The report was prepared by PIU ES.

A. Project Description 2. The Government of Armenia received a loan on 19 May 2011 from the ADB to finance the SUDIP, Tranche 1. The main objective of the Project is to build a new highway to expressway standards that links the existing Shirak Street and Arshakunyats avenue to the Artashat highway. 3. The Project comprises the following main components: (i) the construction of a new 6-lane divided road; (ii) the construction of a round-about at Shirak street; and (iii) the construction of road links.

Figure 1: Map showing the Tranche 1 and Tranche 2 locations

4. In addition to the construction of the road links a part of the loan proceeds will be used to finance project management and capacity building, as well as institutional strengthening. Another part will be used to finance the preparation and implementation of the Tranche 2 project.

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B. Implementation Progress

a. New Shirak street-Artashat highway Tender 2 5. The partial commencement of construction works for the New Shirak street – Artashat highway Tender 2 were announced on 14 January 2015.

Figure 3: Map showing the Tender 2 location

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b. Davitashen-Ashtarak highway, Babajanyan-Ashtarak highway and Argavand-Shirak street road links (Tranche 2)

6. PFR signed by the government and dated 14 April 2015, including EIA, IEEs and EARF for Davitashen-Ashtarak highway, Babajanyan-Ashtarak highway and Argavand-Shirak Street road links (Tranche 2) was submitted to ADB.

Figure 4: Map showing the Tranche 2 location

II. Environmental Management

A. Institutional Arrangements of the Project 7. The major tasks of PIU ES are to carry out the overall environmental management ensuring full compliance of Project implementation with Armenian legislation and ADB SPS (2009). The ES serves as a liaison between the safeguard team of DESC, YM, the executing agency, MNP of the RA and Ministry of Culture of the RA, project affected people, ADB and develops and maintains direct relationships with government authorities. With the help of DESC EHSS organizes and conducts public consultations, etc. PIU ES manages all construction site activities related to environmental issues. 8. DESC environmental management team is comprised of two groups:

1) 1st group is responsible for environmental assessment of Tranche 1 and Tranche 2 and consists of one international and one local ESs, 2) 2nd group is responsible for environmental supervision of construction works New Shirak street – Artashat highway Tender 2, and consists of one international and one national EHSSs.

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9. The Tender 2 Contractor’s international and national EHSSs are responsible for preparation and implementation of the SEMPs in accordance with EIA/EMP, monitoring of the construction activities. The national ES reports to DESC EHSS after which the DESC EHSS reports to PIU ES.

B. Environmental Safeguards Program 10. The implementation of the environmental safeguards program started in January 2013 and was in progress during the reporting period. 11. PIU together with the DESC consultants revised the EARF and draft IEE of the Babajanyan-Ashtarak highway for Tranche 2 based on ADB comments which were subsequently approved and disclosed by ADB in March 2015. 12. As according with the new law on "Environmental Impact Assessment and Expertise" adopted on 22 July 2014, "A" category projects include "construction or reconstruction of new roads with four and more lanes or upgrading of roads with maximum two lanes to four lanes in case the relevant section has continuous length of 10 km or more" an EIA report should be prepared. As IEE of the Davitashen-Ashtarak highway for Tranche 2 are less than 10km (2.4km) therefore no EIA is required but an update of the IEE according to ADB SPS (2009) requirements. 13. Updated final IEE for Davitashen-Ashtarak highway for Tranche 2 was submitted to ADB on 11 May 2015. PIU together with the DESC consultants revised the IEE based on ADB comments which was subsequently approved by ADB on 09 June 2015. 14. PIU together with the DESC consultants are in the process of updating the draft IEE for Babajanyan-Ashtarak highway and the final version of IEE/EIA will be submitted to ADB during the next reporting period.

C. Construction Site-specific Environmental Management Plan

15. Weekly environmental monitoring checklist, templates of SEMP, monthly and weekly reports, and other registers were prepared by the Contractor in close collaboration with PIU ES, DESC international and local ESs. 16. The project specific SEMP for the section of Artashat Highway PK km 0+300÷km 1+850 and New Shirak Street PK km 0+0.100÷km 0+0.400 was developed during the reporting period by the Contractor based on the EIA and EMP. The SEMP was prepared with the assistance of DESC and PIU ESs. The final version was officially approved by RE on 25 February 2015. Contractor re-submitted the updated SEMP on 30 June 2015. The re- submitted version was considered as generally satisfactory. An approval by Engineer is underway. 17. The excavation materials are located in the dump site area of “X-Y’’ LLC basalt mining company in Shahumyan 2, Silikyan district. Series of site visits were undertaken to the dump site “X-Y” LLC to check compliance with EMP/ SEMP and Engineer’s request, as well as the instructions on the site use were given to Contractor during the previous visits. The last site visit implemented on 17 June 2015 stated that the site is used in accordance with EMP/ SEMP and the Engineer’s/ PIUs’ instructions. 18. Engineer requested from the Contractor to start the preparation of SEMP for the Arshakunyats-New Shirak Road Section Roundabout Km 1 +280 in order to have the document approved 28 days prior to starting the works, as stipulated by the Contract on 5 June 2015. During the reporting period Contractor provided the drafts and submitted the final version of SEMP on 22 June 2015. Conditional approval requesting an attachment of missing documents on the new borrow pit was issued by Engineer on 26 June 2015.

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D. Archaeological Works Program 19. The PIU started negotiation with the “Scientific Research Center of the Historical and Cultural Heritage” SNCO regarding the third phase (final stage) of archaeological investigations in “Karmir Blur” historical heritage site. During the third stage it is planned to start the systematic archaeological excavations. The scope of systematic archaeological excavations mainly includes (i) removal of the accumulated soil from the tombs, (ii) extraction of findings from the tombs and (iii) proper storage of the extracted material. The estimated budget and the draft contract are discussed and agreed. Following with the respective Variation Order the contract will be signed.

E. Grievance Redress Mechanism and Public Consultation 20. For feedbacks, concerns and complaints from the APs, a GRM, inspired by the problem solving function of ADB’s guidelines and policies should be maintained for the duration of the Project. The GRM is intended to assist aggrieved persons in lodging their complaints and to describe the mechanism designed to redress their grievances in a timely and effective manner. The parties potentially involved are: the complainants, Contractor, DESC, PIU, EA, NGOs, and the courts. The details of the GRM operation could be found in EIA for Tender 2 and in EIA for Argavand Junction-Shirak street road link.1 21. During this reporting period, a total of seven Tender 1 complaints for the Arshakunyats avenue were addressed and compensated by Contractor. The complaints were primarily of cracks in old houses due to construction vibration. Complaints were recorded in a logbook and the Contractor’s social and environmental specialists addressed the complaints accordingly. 22. A proper GRM has been established to meet environmental related concerns of impacted people in Artashat Highway- New Shirak road section. The availability of the logbook and registered complains in the Contractor’s field office was regularly checked during the monitoring site visits. One complain was received from the impacted local resident containing apprehension that the increased dust as a result of civil works might cause damages to her business. Engineer has responded on 25 March 2015 that air quality (dust emission) baseline data collection was implemented and included in EIA for Tender 2 where it was mentioned that yearly averages of dust concentrations consistently exceeded the daily medium maximum permissible concentration. The Contractor is responsible to follow up the data provided in the EIA and should regularly implement measurements on dust emissions at sensitive receptors. Also the Contractor is repeatedly instructed providing mitigation measures to reduce dust emissions during the construction process. 23. There were total of four complaints from the local population, two prior to the construction phase and two additional complaints during the construction, all demanding compensation for potential dust impact. According to the project EIA, dust levels were monitored prior to construction and were found to be well within the allowed levels. Accordingly, the environmental specialists properly addressed the issue with the local population, and implemented further mitigation measures during the construction phase to prevent dust impact. No further complications with these complaints were noted. 24. Contractor of New Shirak–Artashat highway Tender 2 prepared the SEMP based on approved EIA and EMP in which GRM was included in accordance with EIA and EMP for Tender 2. 25. Public consultation organized by Contractor’s EHSS under the New Shirak–Artashat highway was held on 31 January 2015. General, social and environmental issues had been discussed with APs. No environment related concerns were raised by the participants.

1 EIA/EMP for Tender 2 H.2. Grievance Redress Mechanism, page 43 of 57 and in EIA for Argavand Junction-Shirak street road link H.2.

Grievance Redress Mechanism, page 47 of 62.

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26. Public hearing for Davitashen-Ashtarak highway was organized by PIU in the scope of the IEE Tranche 2 to meet requirements of Armenian legislation and ADB SPS (2009) for Tranche 2 on 5 May 2015. Future public hearings for Babajanyan-Ashtarak highway (Tranche 2) are foreseen during the next reporting period based on environmental expertise procedures and the IEE/EIA to meet requirements of Armenian legislation and ADB SPS (2009).

F. Meetings and Communication 27. During the reporting period environmental safeguards issues were regularly discussed during the joint meetings with YM, PIU and DESC. Particularly the following issues were repeatedly discussed: preparation and finalization of the IEE and EARF for Tranche 2 approval process and related issues. 28. The PIU participated in workshops on the following subjects. ADB Inception Mission for Sustainable Environmental Management of Projects in Central and West Asia, Land Acquisition and Resettlement and Environmental issues during projects preparation and implementation for Engineers and Designers which were held in January and March of 2015. 29. Regular meetings and discussions within PIU, DESC and the Contractor’s EHSS took place during the reporting period. Meetings and discussions to resolve environmental issues as well as joint site visits were undertaken to inspect and monitor the construction.

G. Awareness Raising and Environmental Training 30. The awareness raising and environmental orientation program was developed in the scope of capacity building in the EIAs/IEEs and EMPs for Tender 2, Argavand Junction-Shirak Street road links and Davitashen-Ashtarak highway. According to the program the Contractor should be responsible to arrange general orientation session about project activities and environmental awareness. During this session, all the people working on the site should focus their efforts to protect environment and insure the safe handling of the social issues during construction period in accordance with ADB SPS (2009), Armenian environmental legislation, EIA and EMP. Further details about the awareness raising and environmental orientation program could be found in final EIA and EMP Tender 2 and Argavand Junction-Shirak street road links .2 31. According to EIA, Annex 5 EMP for Tender 2 and SEMP the Contractor organized training for the new hired staff on minimizing waste at source, respecting and protecting wildlife at site, proper handling of the waste, workers’ safety measures during work and emergency preparedness in case of incidents, and health risks and prevention which include information and education on sexually transmitted diseases and HIV/AIDS on 14.03.2015 and 22.04.2015 (list of participants attached in Annex1). Site induction environmental and health & safety training for the sub-contractor’s workers, engineering staff and foremen were held by Contractor on 22 April 2015. 32. An awareness raising training session was held by Mr. Pierre Bourgignon, DESC International Environmental Specialist on Health & Safety on 05 May 2015 and on Environment on 06 May 2015. Contractor’s and sub- contractor’s key staff including environmental, social specialists and engineers were invited. Mr. Pierre Bourgignon explained the topics via PP Presentations: “Health & Safety Management” and “Environmental Management” DESC’s national environmental Consultant is required to provide supervision of Contractor’s ongoing training, timely guidance to the Contractor staff and advice to PIU. Supervision ES regularly briefed both Contractor’s and sub-contractor’s staff while monitoring visits.

2 EIA/EMP for Tender 1, I.3. Implementation arrangement, c) Awareness raising and environmental training, page 49 of 52; Annex 5, Table

1, para 5, page 5 of 31; and in EIA and EMP for Tender 2 I.3. Implementation arrangement, c) Awareness raising and environmental Training, page 54 of 57; Annex 4, Table 1, para 6, page 6 of 31 and EIA and EMP for Argavand Junction-Shirak street road link, I.3. Implementation arrangement, c) Awareness raising and environmental training, page 58 of 60; Annex 4, Table 1, para 7, page 7 of 36.

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III. Environmental Monitoring

A. Environmental Monitoring Program 33. Environmental monitoring program with a view to ensure compliance with the ADB’s environmental requirements and all applicable environmental laws, regulations and standards for environmental protection of RA has been developed in the scope of IEEs/EIAs and EMPs for Tender 2 and Tranche 2. 34. Details of monitoring activities and reporting are presented in approved final EIA and EMP for Tender 2.3 35. Contractor has recognized the environmental parameters on air quality, noise and vibration provided in the EIA report (EIA, section D1 Table D-1 and Annex 6) as baseline for the regular monitoring. Contractor has contracted the “Lernametalurgiayi Institute” for regular instrumented monitoring of air quality, noise and vibration parameters based on the PIU approval.

B. Environmental Monitoring Program for Tender 2 36. According to the contract the monitoring company shall implement the measurements in accordance with the following plan starting from April 2015:

№ Parameters that are subject to

measurement

Quantity of measurement,

pcs

1 Dust, (Dm, Se) 5

2 Noise, (Dm, Se) 15

3 Vibration, (Dm, Se) 15

4 Sulfur Dioxide (SO2), (Dm, Se) 15

5 Nitrogen Dioxide (NO2), (Dm, Se) 15

6 Nitrogen Oxide (NO), (Dm, Se) 15

37. During the reporting period construction site monitoring visits and dump site monitoring visits organized jointly with Ruzanna Voskanyan, PIU ES; Davit Harutyunyan, Contractor’s EHSS and Edita VardgesyanDESC ES. Jens Roemer, RE Karen Sukiasyan, RE Deputy; Tigran Galstyan, RE Assistant; Gurgen Tadevosyan, Contractor’s Project Manager and other responsible representatives of the Contractors participated in some of the monitoring visits. Official commencement of the works was on 14 January 2015. Monitoring of the construction site and the dump site took place on 6 May 2015 and on 17 June 2015 the aim of which was to check compliance of site use activities to the EMP. 38. “Lernametalurgiayi Institute” carried out regular environmental monitoring of dust, air quality, noise and vibration on 09.04, 29.04, 05.05, 26.05 and 30.07 2015. 39. Selection of measurement points has been made by taking into consideration the sensitive receptors within 50 m and ongoing construction works criteria:

3 EIA/EMP for Tender 2, I. Environmental Management Plan, I.2 Monitoring page 52 of 57; Annex 4 Table 2, page 23 of 31; and for

Argavand Junction-Shirak street road link, I. Environmental Management Plan,I.2 Monitoring page 56 of 62; Annex 4 Table 2,page 28 of 36.

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1. Artashat avenue, in front of 94 home, in the middle of the construction site, about 30 m away from the highway, N 4006.712’ E 44028.503’ 917 m asl,

2. Artashat avenue, in front of 48 home, in the middle of the construction site, about 40 m away from the highway, N 400 7.066’ E 440 28.816’ 917 m asl,

3. Artashat avenue, in front of 2 home, in the middle of the construction site, about 35 m away from the highway, N 400 7.333’ E 440 29.05’ 934 m asl,

4. New Shirak street, Pk 0+0.500 Km, N 400 7.533’ E 440 29.2’ 942 m asl, 5. New Shirak street, Pk 0+0.440 km, N 400 7.566’ E 440 29.166’ 943 m asl.. Assays has been

conducted within 50 m where active constriction was in process. РД 52.04.186-88/MRU Optima 7 №306732 equipment was used for air quality parameters, the Aspirator ПУ-4Э №5839 and АФА В-10 filter papers gravimetrical method for dust emissions, the Ассистент-TOTAL №168613 noise meter-vibro meter equipment for noise and vibration levels.

40. According to laboratory measurement data the concentrations of dust, nitrogen dioxide, nitrogen oxide and sulfur dioxide and noise level were within the standards set by Armenian legislation. An exceeding of baseline data has not been detected. The dust actual concentrations in all measurement points are close to Maximum Permitted Concentrations for dust. Contractor is hence requested to strengthen dust control measures in order to prevent any exceeding close to sensitive receptors. 41. Vibration level in octave layers with average geometric frequencies (Hz) and adjusted levels were consistent with baseline monitoring data and requirements defined in Order No 2.2.4-009-06 sanitary hygienic norms. 42. Detailed information on the results of regular monitoring is presented in the Noise and Dust Assessment Report N02 available in “Vahagn & Samvel” LTD office and attached to the Contractor’s monthly progress report for May 2015 and is summarized in Annex 4 of the present report.

B. Non-compliance Notices 43. There was only 1 non-compliance notice issued during the reporting period the no-compliance was the use of the non-approved borrow pit by the Contractor. Contractor is being requested to provide full information on the site and provide supporting documents. Contractor has arranged an evaluation site visit and has done the corresponding update of the SEMP. 44. The Contractor for Tender 2 was always informed about the detected issues which were improved immediately.

C. Corrective Action Plans 45. During the reporting period construction site monitoring visits were held by DESC once a week and by PIU ES on 12.03.2015, 02.04.2015, 06.05.2015, 22.05.2015 and 18.05.2015 in Artashat-New Shirak highway Tender 2. Dump site monitoring visits were organized by PIU and DESC ESs on 07.05.2015 and 17.06.2015. 46. One of the most significant nonconformance issues detected, was lack of proper fencing to prevent unauthorized access to the construction area by strangers. Several corrective actions were suggested and eventually the contractor implemented appropriate measures. Corrective action plans were developed to address each non-conformance found during monitoring (see Annex 2: Corrective action plan for Tender 2).

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IV. ADB Mission, Findings and Recommendations 47. An ADB audit took place on 12 May 2015. Mrs Armine Yedigaryan visited the Artashat Highway PK km 0+300÷ km 1+850 and New Shirak Street PK km 0+0.100÷ km 0+0.400 construction site. She checked availability of SEMP for the site, compliance of civil works to the EIA/ EMPs and SEMP, as well as the topsoil stockpiling site. PIU ES and Engineer’s EHSS informed ADB representative about the issue concerning the presence of large amount of garbage along Artashat Highway PK km 0+300÷km 1+850 which was available prior the start of the civil works and informed on the intention to make VO for garbage removal and disposal in approved dump site. A suggestion was also made to solve the garbage issue with YM but it has been left to the Contractor to be addressed, as the construction area falls under the jurisdiction of the Contractor.

V. Future program

N Action Time frame Responsible

1. Update draft IEE/EIA for Babajanyan-Ashtarak road link for Tranche 2

By September-November 2015

PIU, DESC

2. Public consultations for Tranche 2 By September-October 2015

PIU, DESC

3. Regular monitoring visits of construction works according to the EMP

Once a monthly upon construction works start in Tender 2

PIU, DESC

4. excavated material dump site inspection visit

Once a month PIU, DESC

5. Review of the environmental monitoring data on dust, noise, vibration and NO/NO2/SO2

Every month after construction works starts

PIU, DESC

6. Review and approval of the construction updated SEMPs for Tender 2

Upon the need PIU, DESC

7. Contractors new staff safeguard training for Tender 2

Upon the need DESC, Contractor

8. Regular awareness training for newly recruited staff

Upon the need DESC, Contractor

9. Review and addressing the GRM for Tender 2

End of every month PIU, DESC

10. Archaeological investigations in “Karmir Blur”

During next reporting period

PIU, DESC

11. Other routine issues Upon the need PIU, DESC, Contractor

12. Reporting on environmental safeguards

Monthly, Quarterly Bi-annual

PIU, DESC, Contractor

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VI. Annexes

A. Annex 1: List of training participants for Tender 2

Trainings Carried Out So Far Attendance Sheets to Advanced Training Session

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ATTENDANCE SHEETS TO TRAINING SESSION CARRIED OUT FOR SUBCONTRACTOR –

“KAMURJSHIN” CJSC

Joint Venture “Company Black

Sea Group” LTD and

“Vahagn&Samvel” LLC

TRAINING PROGRAM DATE: 22.04.2015

PAGE 1 OF 2

NAME: ARTASHAT HIGHWAY AND NEW SHIRAK

STREET

NAME OF THE COURSE: TRAINING ON URGENCY PLANS DURING CONSTRUCTION

TYPE OF COURSE: ADVANCED TRAINING COURSE

VENUE: Artasht highway 5/4, Subcontractor’s Base

Details of the company giving the course

Company giving the course: Contractor-“Vahagn&Samvel” LLC

Lecturer: EditaVardgesyan, DESC Environmental Specialist

Davit Harutyunyan, Contractor’s Environmental, Health and Safety officer

Contents of the course:

OCCUPATIONAL HEALTH AND SAFETY PLAN, OHSP

EMERGENCY RESPONSE PLAN, ERP

VEGETATION CLEARING PLAN AND

ENVIRONMENTAL PROTECTION PLAN

Information given

ORIENTATION RATIONAL AND OBJECTIVES ON OHSP

USES AND ORGANIZATION OF ERP

INTRODUCTION TO VEGETATION CLEARING OPERATIONS

SITE PROTECTION DURING AND AFTER CONSTRUCTION

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ATTENDANCE SHEETS TO TRAINING SESSION CARRIED OUT FOR CONTRACTOR’S

NEW HIRED WORKERS

Joint Venture “Company Black

Sea Group” LTD and “Vahagn

& Samvel” LLC

TRAINING PROGRAM DATE: 23.06.2015

PAGE 1 OF 2

NAME: ARTASHAT HIGHWAY AND NEW SHIRAK

STREET

NAME OF THE COURSE: TRAINING ON URGENCY PLANS DURING CONSTRUCTION

TYPE OF COURSE: TRAINING COURSE for NEW HIRED WORKERS

VENUE: New Shirak street

Details of the company giving the course

Company giving the course: Contractor-“Vahagn & Samvel” LLC

Lecturer: Davit Harutyunyan, Contractor’s Environmental, Health and Safety officer

Karen Tsarukyan, Contractor’s Medical Specialist

Contents of the course:

OCCUPATIONAL HEALTH AND SAFETY PLAN, OHSP

EMERGENCY RESPONSE PLAN, ERP

VEGETATION CLEARING PLAN AND

ENVIRONMENTAL PROTECTION PLAN

Information given

ORIENTATION RATIONAL AND OBJECTIVES ON OHSP

USES AND ORGANIZATION OF ERP

INTRODUCTION TO VEGETATION CLEARING OPERATIONS

SITE PROTECTION DURING AND AFTER CONSTRUCTION

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B. Annex 2: Corrective action plan for Tender 2

Corrective action plan for Tender 2 the construction period from March to June 2015:

N Deadline

for request

Corrective action request Date of

corrective

action

Corrective action status

1 9.03. 2015

17.03.2015

23.03.2015

31.03.2015

Most of the required signs were

installed but signs which should have

been installed on the beginning of

the Nor Shirak St. Pk 0+ 100 were

missing. Contractor is requested to

install the missing signs.

31.03.2015 The missing signs are installed

2 10.03. 2015

14.03.2015

Environmental/ ERP and safety

training is needed. Implement

environmental and health& safety

training.

14.03.2015 The training is properly held for the

Contractor’s engineering staff and

foremen.

3 12.03. 2015

17.03.2015

23.03.2015

31.03.2015

Bins for garbage collection were not

installed. Install the containers for

garbage collection.

- As of 31 March the non-

conformance was not improved.

Correction actions against the newly

set deadline on 31.03.2015 will be

checked and reported in April.

4 12.03. 2015

17.03.2015

23.03.2015

31.03.2015

Registration of complaints is not kept

on- site. Ensure the availability.

31.03.2015 Registration of complaints is

available and is kept on- site.

5 9. 03.2015

17.03.2015

23.03.2015

31.03.2015

Any measure preventing the spread

of mud was missing. Proper mud

spread measures are needed.

- As of 31 March the non-conformance

was not improved. Correction actions

against the newly set deadline on

31.03.2015 will be checked and

reported in April.

6 17.03.2015 Topsoil stripping is not implemented.

All the topsoil is being mixed with

other excavated material: garbage,

rocks, non- topsoil etc. Implement

the topsoil stripping in accordance

with TS 1002 and SEMP.

31.03.2015 Topsoil is now managed in

accordance with TS 1002 and

SEMP. But agreement is still

awaited.

7 23.03.2015

31.03.2015

The access of strangers is not

excluded in Artashat highway. The

tape fencing is in improper state and

is needed to be refreshed or

replaced with more effective fencing.

- As of 31 March the non-

conformance was not improved.

Correction actions against the newly

set deadline on 31.03.2015 will be

checked and reported in April.

8 23.03.2015

31.03.2015

Many trucks were not provided with

covers and some were operating

without using the cover. Provide and

use proper covers.

- As of 31 March the non-

conformance was not improved.

Correction actions against the newly

set deadline on 31.03.2015 will be

checked and reported in April.

9 17.03.2015

26.03.2015

The excavated earth material is not

removed from the site for more than

3 weeks. Contractor is requested to

provide schedule for removal and

31.03.2015 All the excavated material and waste

is being removed to the approved

dump site

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remove the excavated material

before.

10 17.03.2015

23.03.2015

31.03.2015

Contractor is being requested to take

measures on prevention of water

stagnation.

- As of 31 March the non-

conformance was not improved.

Correction actions against the newly

set deadline on 31.03.2015 will be

checked and reported in April.

11 17.03.2015

23.03.2015

Fire extinguisher was not available in

all sections.

23.03.2015 Fire extinguisher is now available

12 17.03.2015

23.03.2015

Copy of ERP and emergency contact

list were not available, which should

be posted in a visible place at all

work sites.

23.03.2015

Copy of ERP and emergency contact

list is now available and posted in a

visible place at all work sites.

N Deadline

for request

Corrective action request Date of

corrective

action

Corrective action status

1 15.04.2015 Environmental/ ERP and safety

training is needed for sub-

contractor’s staff. Implement

environmental and health& safety

training.

Corrected:

The training is properly held for the

sub- contractor’s staff.

2 31.03.2015

16.04.2015

Sediment laden runoff is not

prevented. Contractor is being

requested to take measures on

prevention of water stagnation.

22.04.2015 Corrected:

During the next monitoring visit the

water stagnation is not being

detected.

3 18.04.2015

30.04.2015

7. 05.2015

Bins for garbage collection were not

installed. Install the containers for

garbage collection.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

4 16.04.2015

18.04.2015

30.04.2015

7. 05.2015

Non-hazardous waste (excavation

material, rocks, concrete and metallic

parts, etc.) is managed in

accordance with SEMP.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

5 16.04.2015

18.04.2015

30.04.2015

Any measure preventing the spread

of mud was missing. Proper mud

spread measures are needed.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

6 16.04.2015

Fire- extinguisher and first- aid kit

were not available by sub- contractor

“Kamurdjshin”.

22.04.2015 Corrected

7 18.04.2015 Contractor is requested to make

corresponding appointments on

environmental/ health& safety

representative by sub- contractor

“Kamurdjshin”.

22.04.2015 Corrected:

Mr. Tigran Gharibyan is appointed

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8 7.05.2015

The access of strangers is not

excluded in Artashat highway. The

tape fencing is in improper state and

is needed to be refreshed or

replaced with more effective fencing.

Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

9 18.04.2015

30.04.2015

7. 05.2015

Many trucks were not provided with

covers and some were operating

without using the cover. Provide and

use proper covers.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

10 16.04.2015 Some amount of excavated materials

is being detected on Nor Shirak

section.

22.04.2015 Corrected:

Only the work relevant excavated

material was on site.

11 18.04.2015

30.04.2015

7. 05.2015

Contractor didn’t provide proper

sanitary- hygienic conditions for

workers.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

12 5.05.2015 Some unsafe practices are detected

like non- fenced open pits, missing

signs, etc.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

13 5.05.2015 Availability of uniform needs some

improvement. Workers are provided

with missing items like foot wear,

gloves, etc.

- Not corrected:

As of 30 April the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.04.2015 will be checked and

reported in May.

N Deadline

for request

Corrective action request Date of

corrective

action

Corrective action status

1 10.05.2015

19.05.2015

30.05.2015

Contractor’s management staff is not

wearing the uniform.

Not corrected:

Contractor is being requested to

ensure the proper uniform for all the

staff present on- site including

management staff.

2 10.05.2015

19.05.2015

Lots of unsafe practices are detected

in Nor Shirak st. The warning fencing

and signs were missing.

22.05.2015 Corrected:

3 10.05.2015

19.05.2015

30.05.2015

Unsafe practices are detected in

Artashat HW section.

Not corrected:

Contractor is being requested to

safely fence the open holes and to

install the warning signs.

4 Some amount of bins for garbage

collection was installed.

22.05.2015 Corrected:

5 10.05.2015 Fire- extinguisher is not available. 10.05.2015 Corrected:

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7 10.05.2015

Sub- contractor didn’t ensure the

availability of the copy of ERP and

emergency contact.

10.05.2015 Corrected:

8 10.05.2015

19.05.2015

Dust control is not effective.

Construction site is not properly

watered.

22.05.2015 Corrected:

9 10.05.2015

19.05.2015

According to IES comments the

slope stabilization measures at

topsoil stockpiles are not sufficiently

effective. Contractor has been

requested to implement some slope

stabilization measures.

22.05.2015 Corrected:

10 4.06.2015 Excavated waste is either hauled

from work site or is retained

temporary on-site in spoil dumps.

- Not corrected:

As of 30 May the non- conformance

was not improved. Correction actions

against the newly set deadline on

4.06.2015 will be checked and

reported in June.

11 30.05.2015 Non-hazardous waste (excavation

material, rocks, concrete and metallic

parts, etc.) is managed in

accordance with SEMP.

- Not corrected:

The updated SEMP and method

statement for borrow pit are needed.

12 10.05.2015

19.05.2015

30.05.2015

Measures preventing the spread of

mud were missing. Proper mud

spread measures are needed.

22.05.2015 Corrected:

13 10.05.2015

19.05.2015

30.05.2015

Health check was not implemented

and records are not available for

inspection.

30.05.2015 Corrected

14 10.05.2015

19.05.2015

30.05.2015

The access of strangers is not

excluded in Artashat highway. The

tape fencing is not effective and

need to be refreshed or replaced

with more effective fencing.

22.05.2015 Considerably corrected:

Contractor undertook considerable

effort to stop the entering of the

strangers into construction site The

warning signs with the forbidding text

are installed. The social specialist is

acting as mediator to communicate

with people.

15 10.05.2015

19.05.2015

30.05.2015

Many trucks were not provided with

covers and some were operating

without using the cover. Provide and

use proper covers.

- Not corrected:

As of 30 May the non- conformance

was not improved. Correction actions

against the newly set deadline on

4.06.2015 will be checked and

reported in June.

16 30.05.2015 Contractor didn’t provide proper

sanitary- hygienic conditions for

workers.

- Not corrected:

As of 30 May the non- conformance

was not improved. Correction actions

against the newly set deadline on

30.05.2015 will be checked and

reported in June.

N Deadline for

request

Corrective action request Date of

corrective

action

Corrective action status

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1 15.06.2015

23.06.2015

Newly hired workers were not

provided and were not wearing

complete uniform.

- Not corrected:

Contractor is being requested to

ensure the provision of informs to the

staff present on- site including

helmets.

2 8.06.2015

15.06.2015

23.06.2015

Lots of unsafe practices are

detected in Nor Shirak. The warning

fencing and signs were missing.

25.06.2015 Corrected:

3 8.06.2015

15.06.2015

23.06.2015

Unsafe practices are detected in

Artashat HW section: sub-

contractor’s workers are working on-

height without proper PPE.

- Not corrected

4 25.06.2015

There were newly hired workers who

were not briefed on EMP/ SEMP.

- Not corrected

5 25.06.2015 Contractor is requested to take

proper measures preventing the

presence of strangers on the

demolition area.

- Not corrected

7 25.06.2015

01.07.2015

An unauthorized use of the site has

been detected. Contractor is

requested to provide proper

documentation and make

corresponding update of the SEMP.

- Not corrected

8 8.06.2015

Dust control is not effective.

Construction site is not properly

watered.

11.06.2015 Corrected:

9 15.06.2015

25.06.2015

Sub- contractor is requested to re-

fresh the mud preventive covers on

the accesses to the site.

- Not corrected

10 4.06.2015

Excavated waste is either hauled

from work site or is retained

temporary on-site in spoil dumps

5.06.2015 Corrected:

11 30.05.2015

8.06.2015

16.06.2015

23.06.2015

Non-hazardous waste (excavation

material, rocks, concrete and

metallic parts, etc.) is managed in

accordance with SEMP.

25.06.2015 Corrected:

12 30.05.2015

8.06.2015

16.06.2015

Many trucks were not provided with

covers and some were operating

without using the cover. Provide and

use proper covers.

16.06.2015 Corrected

13 8.06.2015 Health check were not implemented

and records are not available for

sub- contractor.

16.06.2015 Corrected

14 30.05.2015

08.06.2015

Contractor didn’t provide proper

sanitary- hygienic conditions for

workers.

16.06.2015 Corrected:

evaluated satisfactory

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C. Annex 3: Status of the action from previous environmental monitoring report

N Action Time frame Responsible Status of the action

from previous EMR

1. Finalizing draft IEE for

Babajanyan-Ashtarak highway for

Tranche 2

By February-March

2015

PIU, DESC Approved by ADB in

March 2015

2. Finalizing EIA/IEE for Davitashen-

Ashtarak highway Tranche 2

By April-May 2015 PIU, DESC Approved by ADB in

May 2015

3. Finalizing EARF for Tranche 2 By February-March

2015

PIU, DESC Approved by ADB in

March 2015

4. Public consultations for Tranche 2 By March-April 2015 PIU, DESC Organized by PIU in

May 2015

5. Regular monitoring visits of

construction works according to

the EMP

Twice a month upon

construction works

start in Tender 2

PIU, DESC implementing

6. excavated material dump site

inspection visit

Once a month PIU, DESC implementing

7. Review of the environmental

monitoring data on dust, noise,

vibration and NO/NO2/SO2

Every month after

construction works

starts

PIU, DESC implementing

8. Review and approval of the

construction SEMPs for Tender 2

January – February

2015

PIU, DESC Reviewed and

Approved SEMPs

9. signboards with project information

and safety warning signs

placement at the construction site

for Tender 2

January-February

2015

DESC,

Contractor

implementing

10. Organization of training on

environmental safeguard

implementation to PIU, DESC and

Contractor environmental staff to

be held by DESC's international

environmental consultant

April -May 2015 PIU, DESC,

Contractor

implemented

11. Contractors staff safeguard

training for Tender 2

February 2015 DESC,

Contractor

implemented

12. Regular awareness training for

newly recruited staff

Upon the need DESC,

Contractor

implementing

13. Review and addressing the GRM

for Tender 2

End of every month PIU, DESC implementing

14. Redress of registered 7 complaints

on cracks in old houses due to

construction vibration impact for

Tender 1

February – May2015 PIU, DESC,

Contractor

Provided

Compensation

15. Reporting on environmental

safeguards

Monthly, Quarterly

Bi-annual

PIU, DESC,

Contractor

Implemented during

the reporting period

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D. Annex 4: The results of air quality, noise and vibration monitoring for Tender 2

E. Annex 5: Example of weekly environmental monitoring checklist

MITIGATION COMPLIANCE & INSPECTION MONITORING Report N10

Project: SUDIP – Tranche 1, Tender 2, “Construction of Road Links of the Yerevan Western Ring Road”.

Implementing Agency: DESC______________

Scope of Inspection: Artashat Highway (PK km 0+300÷km 1+850) and New Shirak Street (PK km 0+0.100÷km0+0.400 km)

Contractor: Vahagn and Samvel LLC/ subcontractor “Kamurdjshin”

Attendees : Name & Position: Mrs. Armine Yedigaryan, ADB

Mrs. Ruzanna Voskanyan, PIU EO, Mrs, Edita Vardgesyan, DESC ES

Date: 21.05.2015 and 22. 05. 2015

Weather Condition: cloudy

Monitoring visit was carried out with the presence of:

Mr. David Harutyunyan, Contractor’s EHS,

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WORK SITE: General

Environmental management: environmental team, health& safety, emergency, trainings, grievance redress mechanism

Construction Activity Mitigation Measure (as per EMP/SEMP)

Mitigation Implement

ed

Yes/No/NA

Mitigation Effective*

1 to 5

Corrective Action Request (CAR) including

deadline for effective CA.

Resolution Status of previous CAR

(resolved/outstanding actions required)

Environmental team

All activities 1. Person in charge on environmental

management is appointed and is

present on-site

Y 1

Mr Aramais Atoyan is

charged with

responsibility

Sub-contractor’s

representative is Mr.

Tigran Gharibyan

Health& safety

All activities 2. Warning signs and exclusion

barriers erected around work site

areas

N 4

Although the non-

conformance is

considerably corrected

especially in Nor Shirak

section, there are still

some very dangerous

places. The open holes

need to be safely fenced

and warning signs

installed. Implement

immediately.

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All activities 3. Access of strangers and outsiders

is excluded

Y 1

There were no strangers

present on- site the

moment of the site visit.

Non- conformance

considerably corrected.

Contractor undertook

considerable effort to stop

strangers into construction site

The warning signs with the

forbidding text are installed.

The social specialist is acting as

mediator to communicate with

people.

All activities 4. Workers are provided with and are

using the uniform, applicable

safety/protection equipment for

site conditions

N 5

Contractor’s management

staff is not wearing the

uniform

Ensure the proper uniform

by all the staff present on-

site including management

staff before 30 May 2015.

Not corrected. Non-

conformance repeated

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All activities 5. Worker’s health checks

implemented

Y 2

(assessment is given

based on the conversation

with Contractor’s doctor

who promised to ensure

availability of health

check of Kamurdjshin

records at the office)

Implement also the health checks by sub- contractor’s staff before 30 May 2015.

All activities 6. Sanitary-hygienic conditions for

workers are provided: drinking and

washing water supply, mealtime

utilities, toilets, rest time, etc.

N 4

The monitoring stated that

workers are not using

utilities available at

Contractor’s office at

Artashat HW.

Sanitary-hygienic

conditions for workers are

not satisfactory

Provide proper sanitary-

hygienic conditions for

workers before 30 May

2015

All activities 7. First aid kit is available on-site and

is accessible to all workers.

Y 1

All activities 8. Fire extinguisher available Y 1

Emergency Response Plan

All activities 9. Person in charge on emergency

management is appointed and is

present on-site

Y 1

Mr Ara Antonyan is

charged with

responsibility

Sub-contractor’s

representative is Mr

Tigran Gharibyan

All activities 10. Copy of ERP and emergency

contact list are available, updated

and posted in a visible place at all

work sites

Y 1

Corrected

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All activities 11. Accident report maintained N/A -

All activities 12. Damage of utilities and/or other

structures managed

Y 1

Trainings and orientation courses

All activities 13. Workers briefed on CEMP/ SEMP

at time of starting employment

Y 1

All activities 14. Workers briefed on ERP at time of

starting employment

Y 1

All activities 15. Job-specific environmental and

safety training for workers

provided

Y 1

Work site cleanliness

All activities 16. The work site kept clean from

debris, garbage, etc.

N 5

The Artashat HW

section is especially

dirty.

The cleanliness the site is

Contractor’s

responsibility. Clean the

site to the extent possible

before 30 May 2015.

non- conformance is not

corrected and repeated

All activities 17. Bins for garbage collection are

installed

N 5

Install proper garbage

collection facilities

before 30 May 2015.

Not corrected. Non-

conformance repeated

Public communication and grievance redress mechanism: environmental issues

All activities 18. Meeting with community members

on construction activities,

environmental impacts and

mitigation measures held

Y 1

All activities 19. Register of complaints maintained,

Complains observed during the last

visit addressed

Y

1

All activities 20. People are notified on

inconveniences: water, electricity

breaks, etc.

N/A

Environmental parameters: Dust control

Earth works, material 21. Trucks are operating using covers N 5 Implement before 30 Not corrected. Non-

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delivery, removal of

existing pavement,

asphalt pavement

May 2015 conformance repeated

22. Construction sites watered Y 1

Corrected

23. Equipment and haul vehicles are

fitted with effective emission

control equipment

Y 1

Noise control

Operation of

machinery while

earth works, material

delivery, removal of

existing pavement,

asphalt pavement

24. Construction noise levels are

acceptable at closest sensitive

receptor

Y 1 Visually the noise level was not

excessive. More exact

information shall be obtained as

soon as the report on

environmental monitoring for

May shall be submitted.

25. Equipment fitted with effective

silencers

Y 1

26. managed by restricting operating

hours

Y 1

27. managed by portable noise barrier

panels

N/A

Vibration control

Operation of

machinery while

removal of existing

pavement, asphalt

pavement

28. managed by reducing time exposed

to vibration,

N/A

29. managed by portable vibration

barrier panels

N/A

Earth works 30. Erosion control: excavated slopes

stabilised

Y 1

Corrected

All activities using

liquid materials

31. Spillages are managed properly N/A

Earth works 32. Sediment laden runoff is prevented Y 1

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Water stagnations have

not been detected

Earth works, material

delivery, removal of

existing pavement,

asphalt pavement

33. Drains are kept open and are not

blocked by sediment

Y 1

All activities using

machinery

34. Tires of trucks are cleaned before

entering city roads

Y 1

Corrected

Earth works 35. Excavated waste is either hauled

from work site or is retained

temporary on-site in spoil dumps

Y 1

Only the work relevant

excavated material was

on site.

All activities 36. Proper maintenance of re-planted

trees and shrubs, and median lawn

N/A

Construction waste management

removal of existing

asphalt pavement

37. Waste asphalt is disposed of in

approved sites N/A

Earth works,

demolition of

structures,

dismantling of

utilities

38. Non-hazardous waste (excavation

material, rocks, concrete and

metallic parts, etc.) is managed in

accordance with SEMP

Y 5

The updated SEMP and

method statement for

borrow pit are needed.

Implement before 30

May 2015

Not corrected. Non-

conformance repeated

Removal of existing

pavement,

39. Hazardous waste is managed in

accordance with SEMP

N/A

Use of chemicals,

fuel, lubricants, etc.

while all activities

40. Leakages and liquid waste is

managed in accordance with WMP

N/A

Contractor’s facilities and equipment

Contractor’s camp

establishment

41. Site Management Plan for the

camp available

Y 3 Site Management Plan for

the Sub- contractor’s

construction camp is to be

Not corrected. Non-

conformance repeated

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included in the SEMP.

Implement before 30 May

15

Contractor’s facilities 42. Contractor’s facilities are

established according to SEMP

Y 1

* Mitigation Effectiveness Rating Criteria

1. Very Good 23 2. Good 1 3. Fair 1 4. Poor 2 5. Very Poor 5

Attachments (Eg. Photos, Remarks, laboratory reports etc.) Remarks: Non- conformances repeated:

Trucks are operating without covers and creating high dust level.

The safety of APs is not ensured. The tape fencing is not sufficient. Proper fencing and more effective safety measures are needed.

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The following good practices have been detected:

The register book for complains of APs is available and the records are kept

The posters prohibiting the access for strangers and dumping of garbage are installed

Watering of the site has been implemented. Mud preventive gravel layer is covered

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Contractor is notified on all non-conformances and requested to make arrangements on improvement. Notes on Use of Mitigation Compliance and Inspection Monitoring Form This form, or an adaptation of it, should be used during routine (preferably weekly) site inspections by the PIU environmental specialist/unit or representative (Supervision Consultant) to monitor implementation of the EMP for a construction project. Routine site inspections should cover all current/relevant construction activities being implemented on the project site at the time of inspection. Ideally, the Contractor’s environmental manager/focal point should accompany the PIU environmental specialist or representative during routine inspections. Once completed, the form should be sent to the Contractor for his information and action including any photographs. A copy of the completed form is retained in the data management system of the PIU for reference during subsequent site inspections and for referral during preparation of monitoring reports. Column 1 Construction Activity – All current/relevant construction activities taking place on the project site for which mitigation measures are required under the EMP/SEMP, are listed. Column 2 Mitigation Measure – Specific mitigation measures required under the EMP/SEMP for the corresponding construction activity are listed. Column 4 Corrective Action Request – Where the inspection identifies non-compliance or ineffective implementation of a mitigation measure, specific corrective actions are identified, discussed and agreed with the Contractor including a deadline for effective corrective action. Column 5 Resolution Status of Previous CARs – Each subsequent site inspection involves review of the resolution status of previous CARs. This is useful in assessing the responsiveness of the Contractor to environmental non compliances and where necessary provides the basis for determining when a contractual non-compliance penalty may need to be invoked (e.g. persistent noncompliance / no response to CAR).