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Federal Republic of Nigeria Federal Ministry of Agriculture and Rural Development Staple Crop Processing Zones Support Project (scpz)


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Material Excavation and Deposit

12. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operate quarries or borrow areas.

13. The location of quarries and borrow areas shall be subject to approval by relevant local and national authorities, including traditional authorities if the land on which the quarry or borrow areas fall in traditional land.

14. New extraction sites:



  1. Shall not be located in the vicinity of settlement areas, cultural sites, wetlands or any other valued ecosystem component, or on on high or steep ground or in areas of high scenic value, and shall not be located less than 1km from such areas.

  2. Shall not be located adjacent to stream channels wherever possible to avoid siltation of river channels. Where they are located near water sources, borrow pits and perimeter drains shall surround quarry sites.

  3. Shall not be located in archaeological areas. Excavations in the vicinity of such areas shall proceed with great care and shall be done in the presence of government authorities having a mandate for their protection.

  4. Shall not be located in forest reserves. However, where there are no other alternatives, permission shall be obtained from the appropriate authorities and an environmental impact study shall be conducted.

  5. Shall be easily rehabilitated. Areas with minimal vegetation cover such as flat and bare ground, or areas covered with grass only or covered with shrubs less than 1.5m in height, are preferred.

f) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing.

15. Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall not be done more than two months in advance of operations.

16. Stockpile areas shall be located in areas where trees can act as buffers to prevent dust pollution. Perimeter drains shall be built around stockpile areas. Sediment and other pollutant traps shall be located at drainage exits from workings.

17. The Contractor shall deposit any excess material in accordance with the principles of the general conditions, and any applicable EMP, in areas approved by local authorities and/or the SE.


18. Areas for depositing hazardous materials such as contaminated liquid and solid materials shall be approved by the SE and appropriate local and/or national authorities before the commencement of work. Use of existing, approved sites shall be preferred over the establishment of new sites.

Rehabilitation and Soil Erosion Prevention

19. To the extent practicable, the Contractor shall rehabilitate the site progressively so that the rate of rehabilitation is similar to the rate of construction.

20. Always remove and retain topsoil for subsequent rehabilitation. Soils shall not be stripped when they are wet as this can lead to soil compaction and loss of structure.

21. Topsoil shall not be stored in large heaps. Low mounds of no more than 1 to 2m high are recommended.

22. Re-vegetate stockpiles to protect the soil from erosion, discourage weeds and maintain an active population of beneficial soil microbes.

23. Locate stockpiles where they will not be disturbed by future construction activities.

24. To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired.

25. Remove toxic materials and dispose of them in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute groundwater and soil.

26. Identify potentially toxic overburden and screen with suitable material to prevent mobilization of toxins.

27. Ensure reshaped land is formed so as to be inherently stable, adequately drained and suitable for the desired long-term land use, and allow natural regeneration of vegetation.

28. Minimize the long-term visual impact by creating landforms that are compatible with the adjacent landscape.

29. Minimize erosion by wind and water both during and after the process of reinstatement.

30. Compacted surfaces shall be deep ripped to relieve compaction unless subsurface conditions dictate otherwise.

31. Revegetate with plant species that will control erosion, provide vegetative diversity and, through succession, contribute to a resilient ecosystem. The choice of plant species for rehabilitation shall be done in consultation with local research institutions, forest department and the local people.


Water Resources Management

32. The Contractor shall at all costs avoid conflicting with water demands of local communities.

33. Abstraction of both surface and underground water shall only be done with the consultation of the local community and after obtaining a permit from the relevant Water Authority.

34. Abstraction of water from wetlands shall be avoided. Where necessary, authority has to be obtained from relevant authorities.

35. Temporary damming of streams and rivers shall be done in such a way avoids disrupting water supplies to communities down stream, and maintains the ecological balance of the river system.

36. No construction water containing spoils or site effluent, especially cement and oil, shall be allowed to flow into natural water drainage courses.

37. Wash water from washing out of equipment shall not be discharged into water courses or infrastructure such as road drains.

38. Site spoils and temporary stockpiles shall be located away from the drainage system, and surface run off shall be directed away from stockpiles to prevent erosion.

Traffic Management

39. Location of access infrastructure such as roads/detours shall be done in consultation with the local community especially in important or sensitive environments. Access infrastructure such as roads shall not traverse wetland areas.

40. Upon the completion of civil works, all access infrastructure such as roads shall be ripped and rehabilitated.

41. Access infrastructure such as roads shall be sprinkled with water at least five times a day in settled areas, and three times in unsettled areas, to suppress dust emissions.

Blasting

42. Blasting activities shall not take place less than 2km from settlement areas, cultural sites, or wetlands without the permission of the SE.

43. Blasting activities shall be done during working hours, and local communities shall be consulted on the proposed blasting times.

44. Noise levels reaching the communities from blasting activities shall not exceed 90 decibels.


Disposal of Unusable Elements

45. Unusable materials and construction elements such as electro-mechanical equipment, pipes, accessories and demolished structures will be disposed of in a manner approved by the SE. The Contractor has to agree with the SE which elements are to be surrendered to the Client’s premises, which will be recycled or reused, and which will be disposed of at approved landfill sites.

46. As far as possible, abandoned pipelines shall remain in place. Where for any reason no alternative alignment for the new pipeline is possible, the old pipes shall be safely removed and stored at a safe place to be agreed upon with the SE and the local authorities concerned.

47. AC-pipes as well as broken parts thereof have to be treated as hazardous material and disposed of as specified above.

48. Unsuitable and demolished elements shall be dismantled to a size fitting on ordinary trucks for transport.



Health and Safety

49. In advance of the construction work, the Contractor shall mount an awareness and hygiene campaign. Workers and local residents shall be sensitized on health risks particularly of AIDS.

50. Adequate infrastructure such as road signs to warn pedestrians and motorists of construction activities, diversions, etc. shall be provided at appropriate points.

51. Construction vehicles shall not exceed maximum speed limit of 40km per hour.


Repair of Private Property

52. Should the Contractor, deliberately or accidentally, damage private property, he shall repair the property to

the owner’s satisfaction and at his own cost. For each repair, the Contractor shall obtain from the owner a certificate that the damage has been made good satisfactorily in order to indemnify the Client from subsequent claims.

53. In cases where compensation for inconveniences, damage of crops etc. are claimed by the owner, the Client has to be informed by the Contractor through the SE. This compensation is in general settled under the responsibility of the Client before signing the Contract. In unforeseeable cases, the respective administrative entities of the Client will take care of compensation.


Contractor’s Environment, Health and Safety Management Plan (EHS-MP)

54. Within 6 weeks of signing the Contract, the Contractor shall prepare an EHS-MP to ensure the adequate management of the health, safety, environmental and social aspects of the works, including implementation of the requirements of these general conditions and any specific requirements of an EMP for the works. The Contractor’s EHS-MP will serve two main purposes:


  • For the Contractor, for internal purposes, to ensure that all measures are in place for adequate EHS management, and as an operational manual for his staff.

  • For the Client, supported where necessary by a SE, to ensure that the Contractor is fully prepared for the adequate management of the EHS aspects of the project, and as a basis for monitoring of the Contractor’s EHS performance.

55. The Contractor’s EHS-MP shall provide at least:

  • a description of procedures and methods for complying with these general environmental management conditions, and any specific conditions specified in an EMP;

  • a description of specific mitigation measures that will be implemented in order to minimize adverse impacts;

  • a description of all planned monitoring activities (e.g. sediment discharges from borrow areas) and the reporting thereof; and

  • the internal organizational, management and reporting mechanisms put in place for such.

56. The Contractor’s EHS-MP will be reviewed and approved by the Client before start of the works. This review should demonstrate if the Contractor’s EHS-MP covers all of the identified impacts, and has defined appropriate measures to counteract any potential impacts.

EHS Reporting

57. The Contractor shall prepare bi-weekly progress reports to the SE on compliance with these general

conditions, the project EMP if any, and his own EHS-MP. An example format for a Contractor EHS report is

portrayed in Annex 6. It is expected that the Contractor’s reports will include information on:


  • EHS management actions/measures taken, including approvals sought from local or national authorities;

  • Problems encountered in relation to EHS aspects (incidents, including delays, cost consequences, etc. as a result thereof);

  • Lack of compliance with contract requirements on the part of the Contractor;

  • Changes of assumptions, conditions, measures, designs and actual works in relation to EHS aspects; and

  • Observations, concerns raised and/or decisions taken with regard to EHS management during site meetings.

58. It is advisable that reporting of significant EHS incidents be done “as soon as practicable”. Such incident

reporting shall therefore be done individually. Also, it is advisable that the Contractor keep his own

records on health, safety and welfare of persons, and damage to property. It is advisable to include such

records, as well as copies of incident reports, as Annexes to the bi-weekly reports. A sample format for an

incident notification is shown below. Details of EHS performance will be reported to the Client through the

SE’s reports to the Client.



Training of Contractor’s Personnel

59. The Contractor shall provide sufficient training to his own personnel to ensure that they are all aware of the

relevant aspects of these general conditions, any project EMP, and his own EHS-MP, and are able to fulfil

their expected roles and functions. Specific training should be provided to those employees that have

particular responsibilities associated with the implementation of the EHS-MP. General topics should be:



  • EHS in general (working procedures);

  • emergency procedures; and

  • social and cultural aspects (awareness raising on social issues).



Cost of Compliance

60. It is expected that compliance with these conditions is already part of standard good workmanship and state

of art as generally required under this Contract. The item “Compliance with Environmental Management

Conditions” in the Bill of Quantities covers this cost. No other payments will be made to the Contractor for

compliance with any request to avoid and/or mitigate an avoidable EHS impact.


3. Example Format: EHS Report
Contract: Period of reporting:

EHS Management Actions/Measures:

Summarize EHS management actions/measures taken during period of reporting, including planning and management activities (e.g. risk and impact assessments), EHS training, specific design and work measures taken, etc.


EHS incidents:

Report on any problems encountered in relation to EHS aspects, including its consequences (delays, costs) and corrective measures taken. Include relevant incident reports.


EHS compliance:

Report on compliance with Contract EHS conditions, including any cases of non-compliance.


Changes:

Report on any changes of assumptions, conditions, measures, designs and actual works in relation to EHS aspects.


Concerns and observations:

Report on any observations, concerns raised and/or decisions taken with regard to EHS management during site meetings and visits.


Signature (Name, Title Date):

Contractor Representative


EHS Incident Notification
Provide within 24 hrs to the Supervising Engineer
Originators Reference No:.........................................................................................................
Date of Incident:................................................................. Time:........................

Location of incident:...................................................................................................................

Name of Person(s) involved:.......................................................................................................

Employing Company:....................................................................................................................

Type of Incident:............................................................................................................................
Description of Incident:

Where, when, what, how, who, operation in progress at the time (only factual)


Immediate Action:

Immediate remedial action and actions taken to prevent reoccurrence or escalation


Signature (Name, Title, Date):.....................................................................................................

Contractor Representative



;


1 This Annex complements and expands upon land analysis set forth in the Political Economy and Institutional Assessment (PEIA) summarized in Annex 6, and in draft project safeguard instruments. It also draws upon an Initial Land Tenure Assessment for the Kogi State SCPZ prepared by the GEMS 3 Project (October 31, 2013).

2 The 30km radius area as defined in the SCPZ Master Plan, excluding existing settlements, water bodies, protected areas, etc..

3 K. Deininger, D. By;erlee et. al. 2011. Rising Global Interest in Farmland: Can It Yield Sustainable and Equitable Benefits? (World Bank, Washington DC). The extent of the phenomenon is difficult to quantify reliably. World Bank research suggests that up to 46.6 million hectares of agricultural land worldwide were the subject of large-scale investment transactions in the period from October 2008 to August 2009 alone. A more recent study published in 2012 by the International Land Coalition and partners reports that between 2000 and 2010, deals approved or under negotiation may comprise up to 203 million hectares of which 143 million hectares are in Africa.

4 The SLTR has focused mainly on titling residential plots in settlements along the highway and just outside the Cargill Farm, but as part of this process it has in some cases tried to identify and register agricultural plots held by each of the participating households.

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