VOL. 1 Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity Ministry of Public Works and Transport Department of Roads LAO TRANSPORT SECTOR PROJECT PHRD Grant No. TF 090478, Project ID No. P 102398 INITIAL ENVIRONMENTAL EXAMINATION (IEE) NATIONAL ROAD 1B (NR 1B), 109KM Pak Nam Noy- Ban Yo (Phongsaly Province) PREPARED BY: @ iiiQ~('~'t/,jo@ ,0:'/2>'hii EO"'/I-J/~ŁO' LAO TRANSPORT LNGINCERIKG CONSULTANT In Association with AOii;@o& Aoiii$i2oŁ~-gJ/~,~~ii-;i iGD@ SD & XI' CONSULTANTS GROUP February 2009 Ministry of Public Work and Transport Lao Transport Sector Project (LTSP) Final Report Feasibility study National Road IB Inirial Environmental Examination (IEE) Table of Contents ACRONYMS AND ABREVIATIONS ...........................................................................................4 EXECUTIVE SUMMARY................:...........................................................................................5 I. IN'TRODUCTION ........................................................................................................... 6 II. OBJECTIVE....................................................................................................................6 111. .LEGAL FRAMEWORK.................................................................................................... 6 3.1 ENVIRONMENT PROTECTION LAW (1999) ............................................................... 6 3.2 ROAD LAW (1999)............................................................................................................. 6 3.3 LAND LAW (2003) ............................................................................................................. 6 3.4 LABOLIR LAW (1999)........................................................................................................ 6 3.5 LAND MANAGEMENT AND REGISTRATION.............................................................6 3.6 FORESTRY LAW (2005) .................................................................................................. 6 3.7 COUNCIL OF VIINISTER'S DECREE NO. 1181PCM (1989).....................................;6 3.8 DECREE 1074 OF THE MINISTRY OF AGRICULTURE AND FORESTRY (97) ...6 3.9 DECREEON THE PRESERVATION OF CUL'TLIRE, HISTORICAL AND NATURAL HERITAGE (1997).......................................................................................... 6 3.10 REGULATION ON ENVIRONMENTAL IMPACTASSESSMENT (2004)................. 6 3.11 REGULATION ON ENVIRONMENT IMPACT ASSESSMENT OF ROAD PRO. IECTS (2004)............................................................................................................. 6 3.12 REGULATION ON COMPENSATION AND RESETTLEMENT OF PEOPLE AFFECTED BY DEVELOPMENT PROJECT (2005) ................................................... 6 IV. STUDY SCOPE AND METHODOLOGIES............................................................6 4.1 SCOPE OF STUDY ............................................................................................................ 6 4.2 STUDY METHODOLOGIES............................................................................................. 6 V. ENVIRONMENTAL AND SOCIAL ALIGNMENT SHEETS ..................................... 6 VI- POTENTIAL NEGATIVE IMPACT ASSESSMENT................................................. 6 6.1 ENVIRONMENTALEFFECTS RELATED TO PROJECT LOCATIONDESIGN........................................................................... 6 6.1.7. Location issues.................................................................................................. 6 6.1.2. Impact on fauna and flora..................................................................................... 6 6.1.3. Land use and Resettlement................................................................................ 6 6.1.4. Encroachment on historical and cultural sites....................................................... 6 6.1.5. Interference with drainage patterns, and water quality.......................................... 6 6.1.6. Effects on either Utilities or Traffic.................................................................... 6 6.1.7. Visual effects and aesthetics............................................................................. 6 6.2 ENVIRONMENTAL EFFECTS RELATED TO PROJECT CONSTRUCTION..........6 6.2.1. Natural vegetation and wildlife............................................................................... 6 6.2.2. Land use and resettlement ............................................................................. 6 6.2.3. Health and Safety......................................................................................... 6 6.2.4. Erosion and silt control............................................................................. ........... 6 6.2.5. Nuisance to areas of human settlement Community Relations Plan......................6 6.2.6. Interference with utilities and traffic .......................................................................6 6.3. ENVIRONMENTAL EFFECTS RELATED TO OPERATION......................................6 6.3.1 Operation and maintenance capacity. Community Relations Plan......................... 6 6.3.2 Road safety..................................................................................................... 6 6.3.3 Noise, vibration, dust, spills and runoff of hazardous materials............................ 6 6.3.4 Land use and resettlement ...................................................................................6 6.3.5 Social Impacts................................................................................................. 6 6.3.6 Gender Issues........................... .......................................................................6 .. 6.3.7. Ethnic minorities ....................................................................................................6 VII. POTENTIAL POSITIVE IMPACT ASSESSMENT ....................................................... 6 LTEC in Association with S D U P Consultants Group Page I of 63 Ministy ofPublic Worksand Transpori Final Report Lao Transpor~Sector Projeci (LTSP) Initial Environmental Examination (IEE) Feasibiliry study Naiional Road IB 7.1. SOCIAL IMPACT................................................................................................................ 6 7.2. CHANGE OF QUALITY OF LIFE ................................................................................... ,6 7.3. ECONOMIC DEVELOPMENT........................................................................................ 6 7.4. INDUSTRIAL DEVELOPMENT: ...................................................................................... 6 VIII. ENVIRONMENTAL MANAGEMENT PLAN ........................................... ........................ 6 DESIGN STAGE................................................................................................................ 6 Location issues................................................................................................. 6 Impact on fauna and flora................................................................................... 6 Land use and resettlement.................................................................................. 6 Interference with drainage patterns, and water quality .......................................... 6 Effects on either utilities or traffic.......................................................................6 Visual effects and aesthetics................................................................................. 6 MOBILIZATION AND CONSTRUCTION STAGE......................................................... 6 Natural vegetation and wild life.............................................................................. 6 Land use and resettlement................................................................................... 6 Health and safety.............................................................................................. 6 Erosion and silt control.......................................................................................... 6 Nuisance to areas of human resettlement ............................................................. 6 Interference with utilities and traffic .......................................................................6 OPERATION STAGE ........................................................................................................ 6 Road Safety..................................................................................................... 6 Noise and vibration, dust, spills and runoff of hazardous materials ......................6 Natural vegetation and wild life.......................................................................6 Social Impact ........................................................................................................6 Gender issues.......................................................................................................6 Ethnic Minority . .................................................................................................... 6 ; IX. NSTITUTIONAL ARRANGEMENTS .................................................................... 6 X. REPORTING..................................................................................................... 6 10.1. MONTHLY REPORTING................................................................................................. 6 10.2. ANNUAL REPORTING ..................................................................................................... 6 XI. PUBLIC CONSULTATION........................................... ................................................ 6 XI1. ENVIRONMENTAL MANAGEMENT PLAN COSTS................................................... 6 XIII. DETERMINANTS FOR ROADS ..................................................................................... 6 XIV. MONITORING AND EVALUATION................................................................................. 6 14.1 ESTABLISHMENT SOCIAL ENVIRONMENTAL UNIT (SEU)....................................6 14.2 MONITORING AND EVALUATION SCHEDULE..........................................................6 14.3 ENVIRONMENTAL INDICATORS .................................................................................. 6 XV . CONCLUSION AND RECOMMENDATIONS.................................................................. 6 APPENDIX 1:QUESTIONNAIRE ON ENVIRONMENTALSTUDY ............................................................. 6 APPENDIX 2: SUMMARY ROADAFFECTED PROFILE ...................................................................... OF 6 APPENDIX 3: PHOTOSOF FIELD SURVEY AND EXISTING ROAD CONDITION....................................... 6 APPENDIX 4: ORGANIZATIONCHARTFOR SOCIO-ECONOMICBASELINESTUDIES/IEE/EMP AND DETAILEDSURVEYAND DESIGNOF NR 1B........................................................................ 6 APPENDIX 5: WORKPLANOF SOCIO-ECONOMICBASELINESTUDIESFOR LTSP- NR 1B .6A ......6 LTEC in Associalion with SD&XP consulianis Group Page 2 of63 March 09 Minisfry of Public Work nnd Transporr Final Report Loo Transporr Secror Projecl (LTSP) lniliol Environmenlal Examination (IEE) Fensibility study National Rond 13 LlST OF TABLE Table 1: List of persons and local authorities met ..............................................2 0 Table 2: Existing condition of the project area ..........................................................6 Table 3: River. streams and fish pond .......................................................................6 Table 4: Some average of climate data within the project area ................................6 Table 5: Fish and other aquatic life found in the river and streams .........................6 Table 6: Total population living along the road ...................................................6 Table 7: Schools and Hospitals ........................................................................... 6 Table 8: School facilities ..............................................................................................6 Table 9: Number of house is affected by the ROW ...................................................6 Table 10: Institutional Set-Up and Responsibilities for Environmental /Social .......6 Table 11:Environmental Impact Matrix .......................................................................6 Table 12: Capital and annual costs for Mitigation Measures ....................................6 Table 13: Environmentally sensitive areas ............................................................... 6 Table 14: Time schedule for Environmental Monitoring and Evaluation .................6 LlST OF FIGURES Figure 1:LAOS MAP ................................................................................................... 9 Figure 2: ROAD MAP PHONGSALY PROVINCE ...............................................10 Figure 3: LAOS MAP ROAD LOCATION MAP ...................................................I1 Figure 4: Typical Road Cross Section .......................................................................13 Figure 5: UXO MAP at Boun Nua district .................................................................. 26 Figure 6: UXO MAP at Boun Tai district .................................................................... 27 Figure 7: UXO MAP at Koa district ............................................................................ 28 TOME I:List of ANNEXES: ANNEX: A1-2 Environment and Social alignment sheet NR 1B ANNEX: A2-2 Environment alignment information NR 1B LTEC in Associolion wilh S D U P consullonls Group Page 3 of 63 March 09 Ministry ojPublic Works and Transport Final Report . Lao Transpar1Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study Nationnl Road 1B ACRONYMS AND ABREVIATIONS CE Contractor's Engineer CRC Compensation and Resettlement Committee DE Design Engineer DAFO District Agricultural and Forestry Office DPRA Development Project Responsible Agency ElA Environmental Impact assessment EMP Environmental Management Plan EMU Environmental Management Unit EPL Environmental Protection Law ESD Environmental and Social Division FO Forestry Office IEE Initial Environmental Examination LTSP Lao Transport Sector Project MAF Ministry of Agriculture and Forestry MPWT Ministry of Public Work and Transport. NA National Assembly NR6A National Road No 6A OSE Owner's Site Engineer PAFO Provincial Agricultural and Forestry Office PEO Project Environmental Officer PWREO Provincial Water resources and Environment Office PWT Public Work and Transport. SEU Social and Environmental Unit SlDA Swedish International Development Agency. TOR Term of References RMS Road Management System ROW Right of Way uxo Unexploded Ordnance LTEC in Association wi!h SD&XP consultants Group Page 4 of63 March 09 Ministry ojPublic Works and Transport Final Report Lao Transporl Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study Nalionnl Road IB EXECUTIVESUMMARY An existing road from PakNamNoy to 0. Yor village is 109 km long, and average 4,5m wide. It has been constructed in the Indochina war period. This road has been rehabilitated and paved the gravel after the regime change. 'The road passes through 20 villages which encompass 11,354 people. The majority of the people are Lao Loum, Lao Theung and Lassoing. According to detailed impact RAP survey, the proposed Project will affect 7 villages in two districts of Phongsaly Province. They are Khoa and Bountai Districts. A total of 46 households and 240 persons in 7 villages will be affected by house demolition and attachments removal. They include 16 houses, 9 simple shops, 22 rice storages, 4 temporary gasoline stations, 1 fence, 1 water tap and 2 sections of water pipelines. All the affected houses, shops, and attachments will be compensated based on replacement cost. In addition, during construction, about 2 ha of land areas might be required for the construction camps, which will require about 3 years for the implementation of the Project. Efforts will be made to use waste land or non-productive land along the alignment. If productive land belonging to individual households and villages will be used, full compensation of lost yields, and cost of restoration into original conditions will be provided The road has been surveyed in 1-15 ~ u l 2008 on the Environmental and Social Impact y assessment. An Initial Environmental Examination (IEE) and Environmental Management Plan (EMP) are to be prepared for the upgrading road. The road is to upgrade the road to be National road with following technical: (1) Carriageway 5,5 m, plus paved shoulders of 0.5mx2 with SBST for common mountainous areas. (2) Carriageway 5.5m, plus paved shoulders (SBST) of 1.5 mx2 for v~llageareas. (3) Carriageway 5.5m, plus paved shoulders (SBST) as per requirement in big towns viz, Bountai town section. The widening road will be surfaced with two layers of bitumen. The road will be situated within 10 m width including 2 sides of corridors for villqges area. The road assessment and environmental approval process will need to be compliant with a range of Lao PDR legislation. The Lao Environmental Protection Law (1999) establishes the environmental assessment and management procedures which is the basis for the Regulation of environmental Impact Assessment of Road Projects (2004). Also needing to be addressed especially during construction is compliance with the Lao Forestry Law (2005), the Road Law (1999), the Decree The Environment of the Project Area A study team worked in the area. during July 2008 and collected information on the physical, biological and social environments of the areas within the ROW and surrounding the road. The climate of the area is wet tropical with about 1,600 mm annual rainfall. The underlying geology mainly consists of hard weathered sandstone. LTEC in Assorinfinv wi!h SDc%U'c~.~s!!!!L?z!s CTC"" -.r Fogr 5 uj63 March 09 Minisrry of Public W o r k and Transporr Final Reporr Lao Transporr Sector Projecr (LTSP) lnirial Environmenral Exnminarion (IEE) Feasibility sludy National Road I B The road where some better Dystric Cambisol occur the reminder of the soils within the elevated areas consist of Haplic Luvisols and Lithosols which are mainly derived from sandstone parent material and have low inherent fertility. Many of these soils have shallow coarser textured top soils and once the top soils are removed will be easily eroded. The road ROWis mainly located between gullies and cliffs of the mountain and affect to 16 houses, 22 rice store, 9 small shops,4 small gasoline stations, 1 fence, 1 water tape, 3 section water pipes, 1,856 m2of Residential land. Flora and fauna which were identified along the ROWare potentially affected by ROW none significant.Wildlife is hunted by the local communities as a means of subsistence. The unexploded ordnance (UXO) along the road is not a major issue. It has been confirmed by the UXO office and Public work Department Assessment of Impacts and Mitigation Measures As the majority of the widening road will be constructed on the existing road .This will create a minor impact with regard to vegetation loss and loss of wildlife and wildlife habitats. This impact w~lloccur during construction and will continue into operation. Otherwise the remaining impacts are manageable and can be addressed by the Environmental Management Plan (EMP). The majority of the impacts will arise during construction which will be very site specific, of short duration and can be easily mitigated by careful planning and construction practices. Within the villages of four districts the road will have limited land that may be required for the ROW.At the time of study, 38 affected persons will be affected. This data will be used by the provincial authorities to determine compensation requirementsfor the AP's. Possibly small wooden houses with bamboo walls are located within the ROW.These will also be assessed when the compensation requirements are determined. Paddy and plantationsare required and livelihood losses have been identified. The design has already been checked and issues concerning the design itself and secondly inclusion of the Environmental Management Plan (EMP) within the contract documents has been addressed. This will ensure that the contractor will be bound by the contract requirements to address the EMP and implement it during construction. Prior to the contractor commencing work, the contractor is to be introduced to the site where the contents of the EMP and how it is to be implementedwill be explained to the contractor. Following this the contractor is cleared to mobilize and commence work. The main construction issues relate to clearance of UXO, removal of trees, storage of topsoil for reuse during revegetation works, site protection and rehabilitation of all excavated sites to avoid erosion on these unstable soils. All excavated waste materials are to be stored in approved areas while all borrow pits are to be closed and revegetated. Road stormwater drainage systems will concentrate run off and during construction care is to be taken to ensure that all drain channels and outlets are stable and will not erode. The contractor is to operate machinery so as to limit noise and vibration and control dust that will affect workers and communities living along the road. Machinery and vehicles are to be operated safely and especially when they pass through villages. Fuel LTEC in Associarion with SD&XP consulranfs Group Page 6 of 63 Mnrch 09 Ministry ojPublic Works and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmenfal Examination (IEE) Feasibility study National Road I B lubricantsand bitumen is to be carefully handled and stored. All solid and liquid waste is to be collected and disposed of in approved land fill areas. Procedures have been developed concerning the discovery of cultural artifacts. Preference is to be given to hiring local labors so as to reduce possible immigrant labors and local community tensions arising from inequitable hiring practices and anti-social behavior including the possible spread of HIVIAIDS into the local community. All worker accommodation and camps will be required to meet the Lao PDR, Labour Law requirements which include the provision of adequate accommodation, washing and sanitation facilities and the provision of an adequate ration and potable drinking water. A safe and healthy working environment is to be provided for the labour and the surrounding community. The contractor is to carefully supervise his labour and to arrange for worker agreements that state the worker will be dismissed if he disregards ban imposed on hunting and trading in wildlife. At the conclusion of construction, the contractor is to clean up all of the work areas, remove all machinery, dispose of waste and revegetate all disturbed sites, including borrow pits. During operation, the main issue will be increased traffic volumes. There will be a large number of heavy and light vehicles using the road at this time and there will be an increased risk of accidents to communities living along the road. The project owner will implementa driver safety program to address this issue. During the dry season, dust will be a problem in villages and roads within villages will need to have dust control programs, or roads should preferably be sealed. The improved road will have a small beneficial impact on improving access within villages. Prior to construction commencing, the contractor will have identified a Project Environmental Officer (PEO) who will be responsiblefor supervising the implementation of EMP. This person will be responsible for implementing the EMP on the contractor's side. The contractor's environmental supervisor will be supervised by the Owner's Site Engineer (OSE) while the Project Environmental Officer will assist the OSE as required in supervision and monitoring of the EMP. The Environmentaland Social Division (ESD) from Ministry of Public Works and Transport (MPWT)will audit the work as required. It is concluded that while the location, construction and operation of the improved road will have a minor environmental impacts on the forests and wildlife of the area so the road design and construction are careless. Otherwise all other impacts can be reduced to insignificant levels by implementing the mitigation measures contained' within the EMP. Under these conditions, the construction and operation of this road will allow significant national benefits to be realized from the widening road. LTEC in Association with S D W consultants Group Page 7 of 63 March 09 Minisrty of Public Works nnd Tronsporr Final Reporr Lao Transporr Sector Projecr (LTSP) lnirial Environmenral Examinarion (IEE) Fensibiliry srudy Nnrionnl Road 16' 1. INTRODUCTION NRlB is situated in Phongsaly province, the studied road started at Pak Nam Noy, passed Boun Tai district and ended at Ban Yo village. The length of the road is 109 Kilometer. There is one large river (NamNoy, NamLee) and other 25 small streams crossed this road. There are total 20 villages located along the road side, including 11,354 people and this including 10 villages are living at about 5 kilometer far from this road (branch road) and they are also regularly using this road. The road is original macadam surface pavement and has been regularly maintainedby overlaying of laterite and gravel. Since 1992 to 1996, NR 1B was managed in constructing by Ministry of Public Works and Transport MPWT (all funded by the Government of Laos of about 6,731,830 $). Many years ago, transportation tolfrom Phongsaly province has been used mainly by Nam Ou River for traveling and transporting. Since this road completed, it have been improved by this access tolfrom Phongsaly province. Villagers, who live along the road sides have involved in maintaining the road. The people are using the road for their dailylink to most of area. Lao Transport Sector Project (LTSP) has intension to carry out services of consultancy to conduct the detailed survey and design and feasibility study. The initial socio- economic baseline data and impact evaluation and environmental impact analysis are carried out. It is also study for asset loss and terms of compensation cost to be included in the Resettlement Action Plan (RAP). LTEC in Associarion wirh SD&YP consullanrs Group Page 8 of 63 March 09 Ministry of Public Worksand Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study Narionol Rood IB FIGURE 1: LAOS MAP LTEC in Associalion with S D W consultants Group Page 9 of 63 March 09 Minisny of Public Worksand Transport Final Report Lao Transport Sector Project (LTSP) Initinl Environmental Examination (I EE) Feasibility s ~ d National Road 6A y LTEC in Association with SD&YP Consultants Group Page I0 0/63 March 09 Ministry of Public Work nnd Transport Final Report Lno Trnnsport Sector Project (LTSP) Initial Environmental Ernmination (IEE) Feasibility study Nntional Road IB II. OBJECTIVE In accordance with the term of reference, The Lao government has requested the assistance of the World Bank for planning implementation of a transport Sector Project. The road is to upgrade the road to be National road with following technical: (1) Carriageway 5,5m, plus paved shoulders of 0.5mx2 with SBST for common mountainous areas. (2)Carriageway 5,5m, plus paved shoulders (SBST) of 1.5 mx2 for village areas. (3) Carriageway 5,5m, plus paved shoulders (SBST) as per requirement in big towns viz, Bountaitown section. IEE is aimed to make the assessment of the potential impacts of the project to physical and biological in the ROW of the project and surrounding environment in different stages of the project development as design, construction and operation. Thus, Environment Management Plan (EMP) is going to propose to minimum of the impacts caused by the project. LTEC in Associntion with SD&XP ConsultanLs Group Pnge I2 of 63 Minisry of Public Works and Transport Final Reporr Loo Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feaslbiliry study National Road IB nan / j j j... B A Y mlY w (r, I j - - - IUD OAEC 10 Cu i I I S n L C r n -4WOF 70 CY '- .. ~ Nnm.r I:~!-.I1ri 1 A-,T. i - ! ! ~ ~ ~ ~ ~ ~ . i r . : ~ ~ ! \ . ~ . : l . ~ c:. ' -rnr;a!s:) FIGURE 4 TYPICAL ROAD CROSS SECTION - LTEC in Association with SD&XP Consultants Group Page 13 of 63 March 09 Ministry ofPublic Works and Transport Final Reporr Lao Trnnsport Sector Project (LTSP) Initial Environmentnl Exnminntion (IEE) Feasibility study Nationnl Rond IB Ill. LEGAL FRAMEWORK The Lao government has developed several policies, strategies and legal frameworks for the protection of the environment and conservation of natural resources. The principal Laws and regulations that need to be addressed by the project include the following: 3.1 ENVIRONMENT PROTECTIONLAW (1999) The Lao Environmental Protection Law (EPL) enacted in 1999, established a framework for environmental management of environmental resources with the objective of preserving and facilitating the sustainable use of natural resources. All persons or organizations residing in Lao have an obligation to protect the environment. People or parties who cause damage to the environment are responsible for the impact under the EPL. Relevant Sections of the EPL include: Article 5 of the EPL stipulates that natural resources, raw materials and energy shall be used in an economical manner to minimize pollution and waste and to allow for sustainable development. Article 8 states that all development project and activities have the potential to affect the environment shall require an Environmental Impact Assessment (EIA). Article 22 states that it is the obligation of all organizations to control pollution in accordance with the Environmental Quality Standards set forth in regulations by the various agencies involved. 3.2 ROAD LAW (1999) Part Ill: Management, land use and limited width of road Subpart 1: Article 17: Managementand Land use for road. Ministry of Public works and Transport manages and uses the land for the road activity in conformity with the determination in the land law. Article 20: Road width limitation. Road width shall have the area consisting of the carriageway, shoulders, pathways, drainages, slope of road and Right of Way. Road width of each type is as follows: 1. National road width is 25 m in each side which counts from the centerline to the side. LWC in Association with S D a P consultnn~rGroup Page I 4 of 63 Ministry of Public Worb and Transport Final RepoH Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility sludy National Road 1B 2. Road width is 15m in each side which counts from the centerline to the side. 3. District road width is 10m in each side which counts from the centerline to the side. 4. Rural road width is 5 m in each side which counts from the centerline to the side. 5. Municipality road shall be implemented in accordance with the urbanism. 6. Specific road shall be implemented in conformity with the technical standard of road for each type of road. The technical standard for each type of road shall be determined by the Ministry of Public Works and Transport. Article21: Right of Way. Within the Right of Way, it shall be banned all constructions and other activities. In vital case, it shall be requested the permission from the road management authority. 3.3 LAND LAW (2003) Part I. General Principal Article 6: Protection of the land and Environment. Each person and Development Project Responsible Agency (DPRA) must protect land in good condition; do not make erosion, depression and degradation of quality of land. It must keep it to be suitable condition with each type of land; Do not degrade land quality (each type of land) without the permission. Land use doesn't affect on the natural resources or society. 3.4 LABOUR LAW (1999) Labour Law is to regulate the employment of labour and to secure harmonious working relationships and conditions for labour. Article 6 states that: Priority is to be given to the employment of Lao citizens and A written employment contract is to be concluded between the employer and each worker and approved by both parties: Article 7 states that foreign workers may be err~ployedif no qualified Lao workers are available. Where foreign workers are employed a program for transferring skills to Lao workers is required. Article 8 shows that all employers are to have training programs to improve worker skill. Article25 show that labour can be employed for 6 daystweek and 8 hourslday and not exceeding 48 hourstwk. Workers can't be employed for more than 6 hourslday or 36 hst wk where hazardous workplace conditions occur e.g. radiation, gas or smoke, LTEC in Association with S D W Consultants Group Page I5 of 63 March 09 Ministry of Public Works and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study National Road I B dangerous chemicals and explosives, tunneling or underground, abnormally hot or cold environment and vibrating machinery. Article 49 requires employers to pro,vide a safe work environment and to prepare a work place health and safety program which is to be accessible to workers. The employer is required to providethe following necessary measures for workers: Good lighting, limit noise and provide adequate ventilation to remote dust and aerosol from the workplace environment. Water for drinking and washing, showers, toilets, cafeteria and a changing room. Proper storage of toxic and hazardous substances to reduce risk of leakage. Provision of personal protective clothing. Provision of guards on machines and barriers to keep workers away from dangerous machinery. Provision of fire alarms and protection against electrocution. Provision of training courses in worker health and safety. Article 50 shows that employers may request a medical certificate from the worker at the start of employment stating that they do not suffer from an occupational disease. If the worker is shown to have an occupational disease the employer may reject the worker. Article 25 states that the employer is to provide an annual health check for workers who work in hazardous conditions. Any worker who contracts a work related illness shall be entitled to payment of all medical expenses by the employer. Article 51 deals with occupational Injuries and employees who are injured at work are entitled to have all of their costs met by the employer. Should death result the ,employerwill pay funeral expenses and at least 6 months salary. Article 53 shows that any worker who suffers an occupational injury may receive their full salary for up to 6 months. After,6 months and up to 18 months 50% of the salary or wage is. to be paid by the employer. After this period the worker will receive social security. 3.5 LAND MANAGEMENT AND REGISTRATION. Part I: Land Management. Article 14: Change form of the land type. Article 25: Regulationto use land at water area. Part 6:Management of land for communication. Article 31: Management of land for communication. Article 32: Land use for communication. LTEC in Association with S D U ConsultantsGroup Page 16 of63 March 09 Ministty ofPublic Works and Transport Final Reporr Lao Trnnsporr Sector Project (LTSP) Initial Environmental Exarninnrion (IEE) Feasibiliv study Nationnl Road 1B These Laws and regulations, which have been mentioned above, ensure that the environment is protected or damages paid for environmental degradation and diminished living conditions. 3.6 FORESTRY LAW (2005) The Forestry Law encompasses the protection of water sources, flora, trees, aquatic animals and wildlife. Forestry resources consist of soil, flora, trees, water, aquatic animals, wildlife, etc. Forests and forest lands are the property of the State. Article 14: states that it is prohibited to transform any forest area or forest land which the State administers. Transformation of forests may be approved if this is for the public good, but must be approved. Transformation can be interpreted as "clearing". Various approval levels for clearing forests are required. Under the law it would seem that due to the extent of clearance required the Ministry and Agriculture and Forest (MAF) will be responsible for issuing approval for clearing forests for constructing the road. Article15 shows that where approval has been given to transform forests those who have received permission are expected to pay fees or replant similar areas. Article16 of the forestry Law categorizes forest in Lao PDR into five groups:(l) Protection (2) Conservation,(3)Production,(4)Rehabilitatedand(5) Degraded; Protection forests are mainly used for protecting water resources Conservation forests are allocated for conserving flora and fauna, culture etc. Production forests are used for timber production Rehabilitated forests are regenerating forests Degraded forests are heavily damaged forest areas. 3.7 COUNCIL OF MINISTER'S DECREE NO. 1181PCM (1989) - Ministry Agriculture and Forestry as Administering Agency (AA). - Provision relating to the project. - Prohibits hunting, catching, killing, damaging, transporting and selling - Alive or dead of animals or parts thereof. 3.8 DECREE 1074 OF THE MINISTRY OF AGRICULTURE AND FORESTRY (1997) Protection, Management responsibilities, uses rights for forestry land. 3.9 DECREE ON THE PRESERVATION OF CULTURE, HISTORICAL AND NATURAL HERITAGE (1997) National heritage is classified as: Immovable(artifacts and ruins which due to their size cannot be removed) LTEC in Associntion with SD&XP Consultants Group Page 17 of63 March 09 Minisrty oJPublic Worh and Trnnsport Finn1 Report Loo Tronsport Sector Project (LTSP) Initinl Environmental Exominnlion (IEE) Feasibility study Nntionol Road 1B Movable(artifacts which due to their size can be removed) Natural national heritage(aestheticlandscapes, waterfalls etc) Article13 requires any removal of assets that belong to the national heritage can only be removed by approval of the Ministry of lnformation and Culture (MIC). Article15 prohibits the destructionof national heritage assets. Article 18 of chapter IV requires that any artifacts that may be discovered are to notify the District Information and Culture Service of the MIC within 3 days of any discovery. 3.10 REGULATION ON ENVIRONMENTAL IMPACT ASSESSMENT (2004) Regulation on Environmental Impact Assessment of Road Project in Lao PDR funded by SIDA, 2004, new issue. Part I. Article 3: Environmentalassessment. Article 4: Public hearing Participation. Article 9: Road Project must have the Environmental assessment. Article 11: Review and Approval of IEE. Article 13: Review and approval of EIA. Article 14: EMP implementation. Article 15: Management & Monitoring of Environment. 3.11 REGULATION ON ENVIRONMENT IMPACT ASSESSMENT OF ROAD PROJECTS (2004) The Regulation establishes environmental assessment requirements forRoad Projects and administered by the Environment and Social Division (ESD) within the Department of Roads in the Ministryof PublicWorks and Transport. This Regulation defines requirementsfor: Project proposal and screening for type of environmental assessment that is required.(article7) Proceduresfor IEE Reviewof the IEE Proceduresfor EIA LTEC in Association with S D U P Consultants Group Page 18 oJ63 Mnrch 09 Ministty of Public Works and Tranrport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibilig study Notional Road IB Implementationof EMP Environmental mitigation and monitoring measures to be employed by the project Article 4 requires Public Involvement in road project planning, by consulting stakeholders in the government, non-government and the private sectors. Consultation is to be carried out during planning, impact analysis, verifying the report and during implementation. Article6 advises that construction can only commence after Water Resource and Environment Agency (WREA) have issued an Environmental Certificate approving the project. Maintenance of roads is exempted from environmental assessment (Article8) while Article 9 requires environmental assessment for undertaking: New construction or major rehabilitation within the ROW New construction outside the ROW Construction in environmentally sensitive areas e.g. cultural sites. Environmental assessment of road projects requires that all road projects be screened based on a description of the work being undertaken and the likely impact of the road on environment values. Screening defines whether the road can be exempted from environmental assessment (maintenance and emergency work only) or is to proceed through EIA and possibly on to EIA. Article 15 requires the project Owner to ensure that the EMP is implemented by the contractor. 3.12 REGULATION ON COMPENSATION AND RESETTLEMENT OF PEOPLE AFFECTED BY DEVELOPMENT PROJECT (2005) The basis for compensation is that affected persons will not be worse off due to the project. The project owner must also ensure that vulnerable groups are no worse off. Part Ill of the Decree of compensation defines compensation principles as follows: Project Owners are to compensate project affected people for their lost rights to use land and lost assets (structures, crops, trees and other fixed assets) at replacement cost. Where a large part of the land (agriculture, residential or commercial ) is taken the basis for the compensation shall be through provision of" land for land " House and /or structures shall be compensated at full replacement cost. Where land is temporarily occupied by the project e.g. during construction the owners shall be compensated for loss of income and damage. The project owner shall arrange to restore temporarily occupied areas to their pre-project state. Tenants who have leased a house/structure shall be entitled to 3 months rental allowance and assisted in finding alternative rental accommodation. A compensation committee is to be formed that has representatives of all stakeholders. LTEC in Association with S D U P Consultants Group Page 19 of63 March 09 Ministry of Public Worksand Transport Final Report Lao TransportSector Project (LTSPJ Inilinl Environmental Exnmination (IEE) Feasibility study Nntional Road IB All compensation and resettlementis to be basically completed before construction commences Other parts of the Decree include requirements for assistance during relocation and transition, economic rehabilitationof affected personswith loss of more than 20% of their income or land. IV. STUDY SCOPE AND METHODOLOGIES 4.1 SCOPE OF STUDY The IEE study of the road widening focuses on the development of the road within the 14 m wide ROW but also extends into surrounding areas to cover the socio- economic issues of surrounding communities. The study covers the following aspects: - Physical environment - Biological environment. - Determinationof householdsaffected by the road. - Public consultation. 4.2 STUDY METHODOLOGIES A 15 days field survey was undertaken in July 2008. The study team was composed of 2 persons. Consultation meeting was organized with the local authorities and the villages concerns along the existing road. The main purpose is to inform local people and authorities about project planning and getting their opinions relative project development. The following tasks were undertaken during the field study: - Meetingwith officials and local authorities concerns. - Visit the villages will be affected by the road widening to interview and discuss with the villagers about issues concerning the location and construction of the road widening. a- Personsand local authorities met As shown in table 1 below, study team has organized meeting with local authorities and local people in the project area. The objective of the meeting was to inform about NRIB project planning to local authority and local people in the Right of Way. For this meeting, these concerned people are encouraged to raise their opinion and suggestion for this project. Table 1: List of persons and local authorities met .Date 1 Descriptions DepartmenffUnit . 3/07/08 1 - 8:00 AM, Phongsaly District ( - Met Mr. Bounthavy Director of Road and Bridge unit of I PPWT LTEC in Associntion with SDBXP Consultants Group Pnge 20 of 63 March 09 Ministry of Public Works and Transport Final Report Lno Transport Secror Project (LTSP) Initial Environmental Examination (IEE) Feasibility study Nntionnl Road IB Date Descriptions DepartmentlUnit . 3/07/08 - 10130AM, Phongsaly District - Met Mr. Vision Deputy of Statistic and Planning ;I Division of Phongsaly Province overnight at Bountai District 4/07/08 - 8:30AM, Boun Tai District Governor's - Met Mr. Somphet SIHALAT District PWT - 13:30PM Organize the Ban yo and vangdoi village Socio-Economic team and train them on how to gather the socio-economist data from the village level - Organize traffic count team for the first point in Ban vang doi - Overnight at Bountai District - 6:00 AM, Start traffic count Boun Tai District the first team at vangdoi village - Village and property impact assessment survey - 6:00AM, Start Traffic count 1Boun Tai District for the second team at Aya I I village - 6:00 AM, completed Traffic 1, Boun Tai District count for the first team at Vangdoi village I 13/07/08 - 6:00 AM, completed Traffic Boun Tai District - count for the second team at Aya village ~ ~ 14/07/08 1 - Travel back to Vientiane Capital city Summary of the main point of discussion from the meeting: The District governors confirmed the need this road improved and emphasized over and over that they have submitted a request letter to the Provincial Governor of Phongsaly to consider with resources mobilization to construct this road sector to facilitate all communication purposes, governmenffpublic service delivery, and commercial distribution and trading activities. Now the pulp factory is under construction and the mine exploitation will be soon. This road will be used to these activities. LTEC in Associarion wirh SD&XP Consulranrs Group Page 21 of 63 March 09 Minirrry ofPublic Works and Transport Final Reporr Lao Transport Sector Projecr (LTSP) Inirial Environmental Eramination (IEE) Feasibility srudy National Road I B V. ENVIRONMENTAL AND SOCIAL ALIGNMENT SHEETS The road is located at Phongsaly Province. It is on the mountainous area. The existing road alignment is up on down with height and steep of the mountain. The total length of the road is 109 km which pass 3 districts such as Boun Neua, Boun Tai and Khoa District. There are a total of 29 villages which lie on the long of road side. Including 11,354 people and 10 villages are located 5 km far from the road. Table 2: Existing condition of the project area Items Descriptions I. Physical Resources This road is a mountainous road. Some Topography. segments are on edge of the mountain and others on the foot of the mountain, some near the gullies and river. The alignment has many sharp curves, flat, rolling. The road passes through Nam Noy and Nam Lee a big river and 25 streams. There is not a bridge at the big river. People used this road for communication or truck many concrete bridges spanning the rive and streams. The existing proposed road was built and funded by Lao government in 1992-1996. It is about 4.5 m wide of carriageway. The width is not enough for a big truck to carry the goods fromlto Oudomxay. River, streams and Hydrology. A big river is named Nam Noy at khoa district and other streams mostly are located at 3 Districts (Boun Neua, Boun Tai) the dry season, water level decreases and clear. Some villages can use it for the dry season rice cultivation. Soil and Geology. The soil on the verge of road is riverbank being the fertile soil where people grow rice, corn, 'cassava, and beans .Some portion of road in the hill is situated on sedimentary sandstone rock of the Mesozoic- Triassic era and siltstone. Soil erosion depends on degree and length of slope and the inherent credibility of the soil. Soil erosion is determined by management practices and the degree of protective cover given to the soil. 1 Climate 1 Climate is characterized as tropical season LTEC in Associarion with SD&XP Consulrants Group Page 22 of63 March 09 Minisrry ofPublic Works and Trnnsporr Final Report Lno Transport Secror Projecr (LTSP) lnirial Environmenral Eraminarion (IEE) Feasibilip srudy Nnrional Road IB Items Descriptions and influenced by two major seasonal events. The average temperature varies highest in dry season and however, the lowest in dry season too. The hottest month is in April the temperature is about 45% and the coldest month is in November and November the temperature is about 8OC. There are sometimes rain in the dry season cause by the weather from Vietnam and China. The rainy season is started at the May to the end of October, and the dry season is started from November to April. The annual rainfall estimated within the project area is about 1600 mm. II. Ecological Resources; The access road will cross a big river and Fisheries and other aquatic streams. They have limited aquatic habitats. Resources The villagers provided the study team with the following fish and aquatic life found in these streams ( Please see in table 3) The villagers stated that very few fish are caught in the smaller streams. Forest resources the bushes, scrub, small trees and bamboo grow on the verge of the road to be juxtaposed the crop gardens and industrial plantations Crop1Industrial tree land. The cropping areas of rain fed paddy and crops such as corn, cassava and some villages along the road. Industrial trees are planted along the edge of the road such as teak and rubber tree. Flora and fauna None of these vegetative species are listed in the IUCN Red Book under any of the conservation categories. Accordingly no known rare or endangered flora was observed in the area. The main wildlife found in the proximity of the road such as reptiles, bird amphibians. Ill. Human and Economic The road is located in Phongaly Province and Development Population and passes through 3 districts which encompass 19 Wages along the road. The total Demography households are 1,648 with 8,136 of population, and out of these 4,288 are female. Other 10 LTEC in Association wirh SD&XP Consullanrs Group Page 23 of63 March 09 Minisfryofpublic Works nnd Transporr Final Report Lao Transporl Seclor Project (LTSP) Initial Environmen~nlExamination (IEE) Fensibiliy sludy Nnlional Rond IB Items Descriptions villages live in the branch road where is connected directly to this road with total population of 3218 people. Ethnic Groups: Lao PDR is a multi-ethnic country with 49 ethnic groups divided into four main linguistic groups. The majority of the people at 3 districts in the project area are Lao (20.8%), Hmong (46.4Oh),and Khmou (32.8%). Cultural Heritage: Some villages are Buddhists and some animists. Most villagers believe in Buddhist, for which they have great respect. Some culturally related sacred site was identified along the road or within the ROW. Socio- Economic Profile. The socio-economic survey showed that there Low- income communities were few differences between the villages with regard to their basic socio-economic needs for better health care, better education and communication and more economic opportunities for generating family income, and more economic opportunities for generating family income. The two villages of Kokngew, and Kokphao are sharing the same administration and called Kokphao village in Khoa District. The generation of income is about 3,5 to 4 million Kiplyear which is come from upland rice, and NTFPs Health and Sanitation The villages, which live along the road, are rich in health and sanitation. Each house has toilet and uses gravity water supply and well water. Most children have vaccination. When they get sick they go to the district hospital and dispensary. Agriculture activities Subsistence agriculture is the main occupation of the village communities with all village households owning some land. Sources of Employment: As expected the majorityof the people in these villages work as farmers, Employment within the government ranks second, commerce is third, fourth is worker and the last one is Unemployment. LTEC in Associal~onwith S D W ConsulfanlsGroup Page 24 of63 March 09 Ministry of Public Worh and Transport Final Report Lao Transport Secror Project (ZTSP) Inilial Environmental Examinalion (IEE) Fenribiliry study National Road IB Items Descriptions Other economic activities merchants, either Lao or China Quality of life Education facilities Education support is important to assist the villages in the development. Education facilities are shown in Table 7. Communications and Transport: The project road is the main road to connect 3 districts of Phongsaly and Oudomxay provinces. It paved by gravel and can use for 2 seasons but the rainy season is a little difficult so the Public Works and Transport Department of Phongsaly province provides fund for the maintenance of about 1.7 billion kip. The main use of the road are transportation by big truck with 3 axles to carry the agricultural products like corn is more than 45 tonslyear, bean, cassava, and others to Oudomxay province and construction materials from Oudomxay province and Vientiane to Phongsaly province. Besides this, there are buses, cars, motorbikes, hand tractors and others to use this road to Phongsaly provinceregularly. Unexploded ordnance (UXO) The unexploded ordnance (UXO) along the road is not a major issue. It has been confirmed by the UXO office and Public work Department. LTEC in Associarion wirh S D H P Consulranrs Group Page25 of 63 March 09 Minis- ofpublic work and tramporf Final Repon ' Loo Transport Sector Project (LTSP) Initial Environmental Examination (1EE)P Feasibility study National Road IB m Scale: 1:100.000 FIGURE 5: UXO MAP FOR BOUN NUA DISTRICTS, PHONGSALY LTEC in Association with S D U P consultants Group Page 26 of 63 March 09 Minisfryofpublic work and frnnsporf Final Report Lao Transport Secror Projecr (LTSP) lnifinl EnvironmenfalExaminarion (IEE) Feasibiliv sfudy Nafionnl Road IB Table 3 River, streams and fish pond No. Village Name Big river Streams Fish Pond 1 I. KHOA DlSTlCT 1 B Sinsav 1 I I 2 B Kokphao 3 B Buamphan 4 B Pichuremay 5 B Namlee I 2 I II. BOUN TAI DISTRICT 1q 1 2 B Chulausenkau I 3 B Aya 4 B Sanomav I 5 B Phialeck 3 I 6 B Nonbounkang I 7 B Phothong 1 8 B Bountai , 1 9 B Bouamyong I 10 B Singsay I 111 BOUN NEUA DISTRICT 1 B Vangdoi 1 2 B Donsay 1 3 B Namphae I 1 4 B Yo 2 Total: 2 25 5 Table 4: Some average of climate data within the project area Maximum ambient temperature 45OC Mean Maximum annual ambient temperature 8OC Maximum seismic factor NIA Relative humidity Maximum 85% Note: Meteorology Department at Phongsaly Province in 1-15/07/2008 Table 5: Fish and other aquatic life found in the river and streams. 1 Lao Name I Enalish name ITaxonomic Name Pa chat Pa douk catfish Clarius batrachus Mystus Wyckioides Pa kho P Kapou ' crab Cirrhinus siamensis Kung shrimp Kop Frog Tao ITurtle Note: Primary data collected in the field visit in 1-15/07/2008 LTEC in Association with S D W con.rultnnrs Group Page 29 of 63 Ministry of Public Works and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibilip study National Road IS Table 6: Total population living along the road 1 No. Name of Village Household Population 1 Female Ethic group 1 I. KHOLIR DlSTlCT 270 1.377 778 / 1 / B Sinsav 53 I 264 140 ' Lao 2 B. Lau Lee 1 Kopala(Akha) 3 B Kok~hao 35 156 i 7 7 ' Lao 4 B Buamphan 122. 532 264 hum 1 I 5 B Nam Lee 156 728 372 ~ h m u 6 B Pichuremay 60 425 297 Akha (KO) II. BOLlN TAI DISTRICT 884 4,600 2,402 1 B Chulausenmay 42 287 138 Akha 2 B Chulausenkau 52 334 162 Akha 3 B Aya 25 156 86 Hmong, Akha 4 B Sanornav 65 368 297 Akha 5 B Phialeck 73 475 210 ~ h m u 6 B Nonbounkana 107 507 236 1 Hmong 7 B Phothong 211 1,013 489 ---- 8 B Bountai 214 1,030 499 1 7 10 B Singsay 28 220 108 Lao, Khum 1 Ill BOUN NEUA DISTRICT 338 1.431 736 1 1 1 B ~anadoi 1 73 1 325.0 1 176.0 1 Hmong 1 1 2 B Donsay 50 112.0. 1 102.0 Lao I 3 B Nam~hae 71.O 309.0 i 143.0 Hmong. ~ h m u 4 I B Y O 1 144 1 685.0 315.0 ( Lao, Leu 1 Total: 1,648 8,136 4,288 Source: Survey 1-1510712008 Table 7: Schools and Hospitals Districts Population Schools Hospitals Khoa 270 6 1 11 I I I I Boun Tai 2 1 I I I Boun Neoa 338 5 1 q Source: Survey 1-15/07/2008 Table 8: School facilities LTEC in Association wilh S D U consultants Group Pane 30 of63 Ministry of Public Works and Trnnsport Final Report Lao Transport Sector Project (LTSP) Initinl Environmentnl Ernmination (IEE) Feasibility study National Rond IB Lower No Nameof village Primary Upper Hospital secondary secondary 5 BNamLee I I I II. BOUNTAI DISTRICT 1 B Chulausenmay I 2 B Chulausenkau I 3 B Aya I 4 B Sanomay I I 5 B Phialeck I 2 B Donsay I 3 B Namphae I 4 BYo I 1 I Total: 19 3 I 4 Source: Survey 1-15/07/2008 VI- POTENTIAL NEGATIVE IMPACT ASSESSMENT 6.1 ENVIRONMENTAL EFFECTS RELATED TO PROJECT LOCATION AND DESIGN 6.1.I.Location issues. The change of alignment due to impacts to land use and structure is under consideration of the District Public Works and Transport, and will be implemented during the actual construction. 6.1. 2. Impact on fauna and flora. Loss of riverside vegetation: The existing alignment of the project road follows Nam Noy River and the road may cause very small-scale damage to riverside vegetation, especially in the segment that there are a volume of undergrowth forests below the roadbed. Loss of vegetations and habitat through road widening or realignment of 'The Right of Way, and extraction from quarries and borrow pits. The project road does not pass through any types of protected area, but road widening, realignment of right of way, and extraction from quarries and'borrow pits will cause a bit LTEC in Associalion wi/h S D M P consultnnts Group Page 31 of 63 .. . - Ministry of Public Work and Transport Final Report Lao Transport Sector Project (LTSP) ltlitial Env~ronmentnlExamination (IEE) Fearibiliry study National Road IB loss of vegetation and other habitat species on the riverside and on steep slope of the mountains. 6.1. 3. Land use and Resettlement. Destructionof land use through roadwidening and realignment: Road widening and realignment may affect partly and very small quantity of the existing residential land, a number of houses to be removed, fishponds, rubber garden area, irrigation system and rice field as in the table 8,9,10 below. All of the entire mentioned can be mitigated. Table 9: Number of house is affected by the ROW Name of village II. BOUN TAI DISTRICT 884 4,600 2,402 16 1 B Chulausenmay 42 287 138 - 2 3 B Aya 25 156 4 B Sanomay 65 368 5 B Phialeck 73 475 6 B Nonbounkang 107 507 7 B Phothong 211 1,013 8 B Bountai 214 1,030 9 B Bouamyong 67 210.0 177 0 10 B Singsay 28 220 108 Ill BOUN NEUA DISTRICT 338 1,431 736 1 B Vangdoi 73 325.0 -- 176.0 2 B Donsay 50 102.0 3 B Namphae 71.O 309.0 143.0 4 B Yo 144 685.0 315.0 Total: 1,648 8,136 4,288 16 LTEC in Assoc~afronwtth SD&XP consultanls Group Page 32 of 63 - - --- - Minisrry of Public Works and Trnnsporr Final Reporr Lao TransporrSecror Project (LTSP) lnitinl Environmental Examination (IEE) Feasibility study Nntional Rond IB 6.1.4. Encroachment on historical and cultural sites Along the road realignment was not affected to the historical and cultural site. 6.1.5. Interference with drainage patterns, and water quality Oil contamination can arise from a range of sources during road construction. These include (i) leaks from fuel and toxic lubricant storage, (ii) leaks and spills during filling of storage tanks, (iii) oil leaks from machinery, (iv) improper disposal of oil and grease during maintenance, especially if done during the rainy season. - Changes to riverbed ecology from extraction of river sand gravel Sand and gravel to be used as road construction materials will be.collected from Nam Noy River and with the small amount enough for the construction of culverts and other minor masonry work will not affect the riverbed ecology 6.1.6. Effects on either Utilities or Traffic The road widening and realignment of ROWwill not affect to the gravity water supply pipes because these pipes don't cross the road. Most people use water from wells and boreholes. Some families are still used water from Nam Noy River. They are still affected the irrigation system. 6.1.7. Visual effects and aesthetics. - Visual impact of road cut, spoil disposal, borrow pit and quarries Road cut, spoil disposal, borrow pit and quarries would cause esthetic impacts, making roadside in the area less attractive to tourists and others. - Creation of stagnant of water bodies in borrow pit, quarries, etc Borrow pit and quarries left behind their post construction condition can become a place where stagnant pools of water breed mosquitoes, leading to malaria, dengue fever, and other disease vectors. 6.2 ENVIRONMENTAL EFFECTS RELATED TO PRO.IECT CONSTRUCTION 6.2.1. Natural vegetation and wildlife. - Loss of riverside vegetation Some portion of the road length follows along Nam Noy River, and the entire road across 25 small streams, therefore there would be very little affected to the vegetations LTEC in Association with SD&XP consultants Group Pnge 33 of 63 .. . - - Ministry of Public Works and Transport Final Reporr Lao Transport Sector Project (LTSP) Inifial Environmental Examination (IEE) Femibility study Narional Road IB and habitat in part of Nam Noy Riverbank mainly the undergrowths bush of general low quality vegetations. - Loss of vegetations and habitat through road widening or realignment of the Right of Way, and extraction from quarries and borrow pits The project road passes through the bushes and bamboo up on down the slope of the high mountains. The baseline information about the wildlife has been collected by the team from the villagers in the project area. The road project does not pass through any types of protected area where it will not cause any habitat species. There are some birds, reptiles and amphibians. Therefore extraction from quarries and borrow pits would cause very little loss of vegetation, as well as habitat of the species as such vegetations and habitat do not exist very much there. - Depletion of natural resources through demand of building materials, fuel and food for road workers: Construction camps and road construction workshops might use some amount of bamboo and timber and roads workers may use some wood as fuel for cooking food. The mentioned may cause the depletion of natural resources but it would very small quantity. . . - Disruptionldestruction of wild life through interruption of migratory routes and other habitat disturbance: Construction activities and subsequent increased traffic along the project road would temporarily disrupt the migration routes and habitat of wild life species though there is already limited wildlife in this area. - Impact on local wild life by work force: Road workers would not be able to do hunting or trapping wild life because wild life is already limited. However they may buy them from local people but very small quantity. 6.2.2. Land use and resettlement - Destruction of residential and agricultural land through road widening and realignment Road widening and realignment may affect a number of residential land, houses to be removed,fishponds, fruit tree /industrial tree plantations, cash crop gardens, solid waste disposal site, cemetery areas, irrigation system, bushes1 bamboo, historical sites, electrical posts . 6.2.3. Health and Safety - Solid waste of construction camps LTEC in Associnfion with SD&XP consulrants Grouo Pape 34 of63 Minisrry of Public Works and Trnnsport Final Report Lao ~ran&ortSector Project (LTSP) Inirial Environmental Examination (IEE) Feasibility srudy National Road IB Solid waste generated by the construction camps, such as waste from dally life of workers, can cause impact to the environment, if lack of proper disposal. - Accidental risk of injury and loss of life to people and livestockfrom increased traffic volume during the construction In the future, increased traffic volumes and speeds could be hazardous to rural pedestrians, especially children and livestock. Houses are often located close to the road, and people living there are unaccustomed to fast or high volume traffic. 6.2.4. Erosion and silt control - Erosion and instability of earth works, bridge works and borrow pits The steep slope cut by road construction earth works, and borrow pits are easily eroded, and in some cases can become as unstable as to cause large landslips or even larger landslides. A certain amount of accelerated erosion is inevitable when major earthworks are carried out and following construction until soil has stabilized. - Erosion of lands below roadbeds receiving concentrated outflow carried out by drainage structure: Where drainage is diverted by road works, increased flows in the discharge area can cause severe erosion at the point where the water is released from the drainage structure, or further downstream where a number of drainage discharge come together to produce high flow volumes. - Erosion from disposal of cut spoils Spoil disposal can cause severe sediment impacts, particularly where the spoil is disposed in steep areas, or where the spoil is not properly stabilized. 6.2.5. Nuisance to areas of human settlement Community Relations Plan - Noise and vibration Heavy equipment and blasting associated with road construction and quarrying activities, will create temporary noise and vibration disturbance. During operations, increased traffic volumes and other activities associated with an improved road will also impact the relatively quiet present surroundings. - Construction waste In the construction phase, various types of construction waste will be regenerated from the construction activities. Without systematical management on such waste, serious environmental negative impacts will be caused. LTEC in Associnfion with SD&XP consultants Group Page 35 of 63 . . . "" Ministry oJPublic Works and Transporr Final Repon Lno Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study National Road IB Dust will stirred up by road construction equipment and various construction activities, and could be a significant impact on air quality during construction phases. - Water pollution by oil, grease and fuel around gas station and parking areas Oil contamination can arise from a range of sources during road construction. These include (i) leaks from fuel and toxic lubricant storage, (ii) leaks and spills during filling of storage tanks, (iii) oil leaks from machinery, (iv) improper disposal of oil and grease during maintenance, especially if done during the rainy season. 6.2.6. Interference with utilities and traffic - Accidental risk from mobilizing construction equipment During construction, the construction equipments will often be moved along the public road to different construction site. This could cause risk of accident, particularly when equipment is over width or over length. Since the present the project road has many sections that bare very narrow and curved, movement of construction equipment will increase the risk of accident. 6.3. ENVIRONMENTAL EFFECTS RELATED TO OPERATION. 6.3.1 Operation and maintenance capacity. Community Relations Plan During operation the road will allow higher speeds and carry more traffic than is currently experienced. 6.3.2 Road safety. Greater traffic volumes and speeds will result from the improved road. Accidents to vehicle users, village communities and livestock will inevitably occur. 6.3.3 Noise, vibration, dust, spills and runoff of hazardous materials. - Noise and vibration Heavy equipment and blasting associated various road traffic and transports will create I noise and vibration disturbance. During operations, increased traffic volumes and other activities associated with an improved road will also impact the relatively quiet present surroundings. LTEC in Association wi~hS D U P consullnnts Group Pnge 36 oJ63 . . . . Minisfry ofpublic Works and Transport Final Report Loo TronsporfSector Project (LTSP) Initial Environmental Exomination (IEE) Femibiliry study Nntional Rood IB Dust will stirred up by road construction equipment and various construction activities, and could be a significant impact on air quality during construction phases. There is not so serious in some portion of the road because there is no village located close to it. - Accidental risk of materials spills from increased vehicular traffic and commerce In the future, toxic materials transport may cause risk.of accident spills by , in case, overloaded trucks drop chunks of load stuff along the road way. 6.3.4 Land use and resettlement During the operation, land use and resettlement will be regularly increased closely along the road because it is in comfortable circumstances. The standard of living will be changed so it may be occurred the social impacts. 6.3.5 Social Impacts Increased road traffic will possibly result in increased small 'business and entertainment shops along the road and some exchange of culture between local people and Migrant workers1 outsiders. This result will be negative and positive impact to the social condition. 6.3.6 Gender Issues - Encroachment on water supply system from road construction activities No pipes of water supplies Crosse through the road because there is the same side as residential villages. Some villages use the well and river water. - Creation of a new pathway of disease vectors affecting human An influx of workers during the construction phase and exogenous traffic during operation phase will bring local population into contact with a larger number of outsiders than previously encountered. This may cause outbreak of exogenous disease, particdlarly HIVIAIDS, if the people of the project area are lack of awareness and understanding on outbreak of diseases. 6.3.7. Ethnic minorities - Loss of cultural resources and tradition Introduction to new people, transportation, communication, goods, government influences, and other forms of development into the road corridor area will not give any LTEC in Associnfion with SD&XP consul~antsGroup Page 3 7 of 63 A I"-* I..' ,, Ministry of Public Work and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Fearibiliry study National Road 1B loss of cultural traditions and ways of living among the heterogeneous population that occupies the area. VII. POTENTIAL POSITIVE IMPACT ASSESSMENT 7.1. SOCIAL IMPACT Increased road traffic will possibly result in increased small business and entertainment shops along the road and some exchange of culture between local people and Migrant workers1outsiders. This result will generate the income 7.2. CHANGE OF QUALITY OF LIFE The income will assist the local people to access the education, hospital communication easy around the year 7.3. ECONOMIC DEVELOPMENT If the road has been constructed, In the future ecotourism culture and tourism sites will be developed in 3 Districts of Phongsaly Province. 7.4. INDUS'TRIAL DEVELOPMENT: The road is good condition being a factor to develop the industry field. The rubber factory will be developed in 3 Districts of Phongsaly Province. VIII. ENVIRONMENTAL MANAGEMENT PLAN The EMP addresses the rr~itigationof environmental impacts that have been identified during; Pre-construction,construction and operation. The EMP has a duty to ensure that the mitigation measures are in full compliance with environmental laws and regulations and meets established monitoring standards that are outlined earlier in the IEE. The EMP is a working document and establishes the mitigation measures, defines responsibility for implementation and monitoring and provides details of the cost of implementing the mitigation measure and for monitoring them. The EMP also provides details of .institutional responsibilities and reporting procedures. The EMP is to be attached to the tender Documents so to ensure that it is addressed during the bid preparation process and to the contract Document whereby it establishes the environmentalcompliance requirements. Summarized potential negative impact and the mitigation measures for each project stage are given as the following. 8.1. DESIGN STAGE. LTEC in Association wirh SD&XP consultants Group Page 38 of 63 I , . . . Inn Ministry of Public Work and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study Notional Road 1B During pre-construction, the Project Environmental Office (PEO) will need to work closely with the Design Engineer (DE) to ensure that these requirements are carried through to the design, the specifications and the contract documents. Protection of the environment is a requirement of this project. At the completion of construction, the road must be left in a stable condition with all sites cleared of waste and rehabilitated. An EMP is attached to the specifications which outlines actions that must be undertaken by contractor at the time of bidding and during construction. Constructors must be able to demonstrate their capacity to meet the environmental conditions of the EMP. Responsibility: Project Environmental Ofricer (PEO) and Design Engineer (DE). 8.1.I Location issues. Change alignment due to impacts to land use and structures. - Design and change the road alignment to minimize the impact on structures and land use where necessary. - Design, and change or modify the alignment and technical to meet the most cost effective possible. 8.1.2 Impact on fauna and flora. Loss of riverside vegetation - Where road alignment is close to the rivers, widening or realignment should be on the side not adjacent to the river. Loss of vegetations and habitat through road widening or realignment of ROW, and extraction from quarries and borrow pits. - Road cut will be sited and designed with care so as not to undercut bank supporting forest vegetations. Land use and resettlement 8.1.3 Land use and resettlement Destruction of land use through road widening and realignment, quarries borrow pits and cut spoil disposal - Minimize realignment and widening through residential and agricultural lands. - Do not site borrow pits, quarries, or dispose of cuts spoil on agricultural lands. - Ensure appropriate compensation for loss of residential and agricultural lands. 8.1.4 Encroachment on cultural and historical sites Encroachment on known cultural and historical sites - Do not realign in the area of the cemetery and stupa site. ., LTEC in Associotron with SD&XP consultants Group Page 39 of63 . Inn Minirtty ofpublic Worh and Transport Final Report Lao Transport Sector Project (LTSP) lnitinl Environmental Exominntion (IEE) Feasibiliry study National Rond I l l 8.1.5 Interferencewith drainage patterns, and water quality Water pollution by oil, grease and fuel around gas station and parking areas - Locate storage area for diesel at least 500 meters from watercourses. - Collect and recycle all lubricants and take precautions to prevent accidental spills - Develop and implement plans for save storage of all toxic and potentially toxic material into construction planning and design. Changes to riverbed ecology from extraction of river sand gravel - Where possible, limit extraction of riverbanks - Limit extraction of river sands and gravel to as few sites as possible, preferably using sites that are already impacted. 8.1.6 Effects on either utilities or traffic Encroachment on irrigation system and electrical posts from road construction activities - Coordinate with irrigation and electricity Offices about irrigation and electricity at the district level. - Irrigation system and electrical posts should be relocatedfar. - Detailed design will include plans for avoidance of change to utilities and replacementlrepair of it where avoidance is not possible. 8.1.7 Visual effects and aesthetics Visual impact of road cut, spoil disposal, borrow pit and quarries - Where feasible, quarries will be sited away from the road. - In sites where quarries must be close to the road, trees and other vegetations will be left betweenthe quarrylcrushing plant sites and the road. Creation of stagnant of water bodies in borrow pits, quarries, etc - Incorporateadequate drainage and fill in borrow pits and quarries. - Maintain borrow pits and quarries by landscaping and re-vegetating after. During mobilization and stage, contractors will be responsible for the following mitigations measures: 8.2.1. Natural vegetation and wild life. Loss of riverside vegetation - To extent possible, avoid clearing riverside vegetation during road LTEC in Association with SDdiYP consultanfs Group Page 40 of63 ., . - - Ministry of Public Work and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Eramination (IEE) Fensibiliry study Nationnl Rond IB construction. - Re-vegetate riverbanks where clearing is unavoidable. Loss of vegetations and habitat through road widening or realignment of the Right of Way, and extraction from quarries and borrow pits - High cave should be observed when necessary. . ' - There will be no quarries within village's water protected areas. - Do not cut trees outside of the construction zone, if unnecessary. - In case of new quarry operation, the quarries will be approved by the environmental monitoring authorities. - Quarry activity will be limited to minimum of necessary sites, with previously used sites preferred. Depletion of natural resources through demand of building materials, fuel and food for road workers - Do not harvest wood resources in the village's water protected areas. - Where local materials must be used, make agreement with local communities about the areas or volume that can be harvested without significant impacts. - Support community development by paying an adequate price for any local resources used. - Do not allow construction camps to become permanent resettlement. Remove camps prior to project completion. - Use wood from shifting cultivation as fuel for cooking food. - Upon close of construction, consider transferring camps structures to local people for community or government use. Over exploitation of forest resources through illegal and unsustainable harvesting - Strict monitoring in the area will be used to prevent opportunistic salvage logging or illegal timber harvest. Impact on local wild life by work force - Carry out awareness-rising campaigns on wild life value for the workers. - Any worker conducts hunting or buying wild life from local people will be dismissed from job. - Supply workers with sufficient foods from outside the project. 8.2.2. Land use and resettlement - Destruction of residential and agricultural lands through road widening and realignment - Do not dispose cut spoil and construction waste at residential and agricultural land. LTEC in Association with SD&XP consultants Group Page 41 of 63 A'. ; n o Minisrv of Public Work nnd Transporr Finn1 Reporr Lao Transporr Sector Projecr (LTSP) Inirinl Environmenrnl Exnminnrion (IEE) Feasibility study Narionnl Rond IB 8.2.3. Health and safety Solid waste of construction camps - ' Provide garbage tanks and sanitary facilities for workers. Waste in specific tanks should be cleared periodically. - Garbage will be collected in a tank and be disposed periodically. - Special attention will be paid to the sanitary condition of camps. Accidental risk of injury of loss of life to people and livestock from increased traffic volume and speed - Install appropriate signs warning diverse to slow down in settled and livestock areas. 8.2.4. Erosion and silt control Erosion and instability of earth works, and borrow pits - Design cut slop to minimize instability. - Use structural stabilization measures such as retainiog walls and gabions. - Use adequate design, location, and sizes of drainage structures. Erosion of lands below roadbeds receiving concentrated outflow carried out by drainage structure - Site drainage structures so as to avoid a cascade effect and to ensure that runoff is conveyed into natural drainage lines at controlled velocities. - Lines receiving area with stones or concrete to protect soil at outflow areas - Incorporate sufficient number of drainage outlet such that flow from any individual . . outlet is not excessive. Erosion from disposal of cut spoils - Dispose of spoil only where permitted by environmental unit and local authority. To the extent feasible, avoid disposal on slopes greater than 30%. - Where spoil disposal in the vegetated site cannot be avoided, select areas with scrubs, bamboo or herbaceous growth over areas of healthy forests. - No disposal into gullies or water sources. - No disposal in or adjacent to cultivated areas (unless such areas lie within the road reserve width, in which cases owners will be compensated under the resettlement plan. - IVo disposal by direct tipping of spoil down slope. - Vegetate spoil dumps to maintain the soil stability. LTEC in Associalion wirh SD&XP consulrnnrs Group Page 42 of 63 1,-_._!.nn Ministry ofPublic Works and Trnnsporr Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibiliy study Nntionnl Road IB w Erosion and instability of cut faces and borrow pits - No contour will be permitted in areas with steep slopes. - Minimize major earthworks during the rainy season, to the extent feasible. - Pile top soil from digger of borrow pits carefully to one side, where it can be later used for reclamation. Erosion of lands below roadbeds receiving concentrated outflow carried out by drainage structure - Site drainage structures so as to avoid a cascade effect and to ensure that runoff is conveyed into natural drainage lines at controlled velocities. - Lines receiving area with stones or concrete to protect soil at outflow areas. - Incorporate sufficient number of drainage outlet such that flow from any individual outlet is not excessive. 8.2.5. Nuisance to areas of human resettlement w Noise and vibration - All road construction vehicles should be working mufflers and be properly maintained. - Time blasting activities so as not to disrupt local people. - Inform people of possible damage from vibration before using vibrating rollers near to settled area. Construction waste - Select areas with scrub or bamboo for disposal. - Dispose where only permitted by environmental unit and local authorities. To extent feasible, avoid disposal on slopes greater than 30%. - No disposal into gullies or watercourses. - No disposal in or adjacent to cultivated and settled area Dust - Water the road in the settled area when dust seems to be occurred, particularly in the dry season - Maintain all construction vehicles to minimize toxic vehicles emission - Appropriate, scheduled road maintenance will be needed to maintain a sealed surface continuing the improved situation. 8.2.6 Interferencewith utilities and traffic Accidental risk from mobilizing construction equipment - To the extent possible, avoid the mobilization of heavy equipment at night. - Over width and over length vehicles should be display adequate warnings such as flashing lights, signs, flags, on existing parts of equipment. - Warning and/or precaution signs on safety. LTEC in Associnfron with SD&XP consultants Group Page 43 of 63 Id... .O Minbtry of Public Work and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examinati~n(IEE) Feasibility sfudy National Road IB - Instruction to use of helmets. - Instruction on health and safety. - Establishment of all relevant safety measures required by laws and good engineering practices. Traffic disruption during construction - Employ flag man to regulate the traffic flow - Where new alignment is being built, allow traffic to continue to old alignment. 8.3. OPERATION STAGE During operation the road will allow higher speeds and carry more traffic than is currently experienced. The following issues have been identifiedfor operation. 8.3.1 Road Safety. Greater traffic volumes and speeds will result from the improved road. Accidents to both vehicle users, village communities and livestock will inevitably occur - The operator will need to ensure that all drivers receive adequate driver and road safety training and that they are employed under a labour agreement that allows them to be removed for poor performance. - Traffic signs are included as part of the Tender Specifications and these will provide cautionary informationabout speeds and road conditions to drivers. - Speeds will need to be carefully monitored throughvillages. 8.3.2 Noise and vibration, dust, spills and runoff of hazardous materials Noise and vibration .- All road construction vehicles will have working mufflers and be properly maintained - Time blastingactivities so as not to disrupt local people - Inform people of possible damage from vibration before using vibrating rollers near to settled area Dust - Water the road in the settled area when dust seems to be occurred, particularly in the dry season - Maintain all construction vehicles to minimize toxic vehicles emission - Appropriate, scheduled road maintenance will be needed to maintain a sealed surface continuing the improved situation. Accidental risk of toxic materials spills from increased vehicular traffic and commerce LTEC in Associalion with SD&XP consultonrs Group Page 44 of 63 .. Minisftyof Public Work nnd Transport Final Reporf Lao TransporfSecforProjecf (LTSP) lnifialEnvironrnenfalExaminofion (IEE) Fearibility study National Road IB - Incorporate plans for safe storage of all toxic and potential toxic material into traffic planning - Regulate transport of toxic materials - Set and enforce speed limits, especially near schools and heavily polluted areas 8.3.3 Natural vegetation and wild life Impact on wild life through increased pressure from illegal trade - Strengthen enforcement of wild life regulations prohibiting trade in endangered species, achieved through stronger implementation of the regulation, by increasing PAFO and DAFO staff with providing them facilities and training on the implementation of the regulations Over exploitation of forest resources through illegal and unsustainable harvesting - Strengthen enforcement of forestry law regulating forest resources harvesting, achieved through stronger implementation of the law, by training DAFO staff with providing them facilities and training on the implementation of the law. - Support community forestry initiatives 8.3.4 Social Impact Negative impact on the health and social well being of local people by the introduction of an outside workforce - Conduct of special briefing or on-site training on environmental requirement of the project to workers - Strictly supervise workers not to interfere with local affairs or quarrel with locdl people - In case of complaints from local people on the issues caused by workers, the , complaints will be solved as soon as possible, under collaboration of environmentalist 8.3.5 Gender issues Creation of a new pathway of disease vectors affecting human - The contractors should instruct all his workers undergo a regular medical screening prior to their arrival on site to check for HIVIAIDS, sexually transmitted diseases and Malaria, and to provide awareness programs. Any workers screening positive for such diseases shall not be allowed on the site. - Site construction camps should be located at least 50 meters from rivers and as far as possible from local communities - Provide enough water supplies for workers, and ensure sufficient situation for the camp: the proper drainage system, and the proper location for solid waste disposal LTEC in Association wilh SD&XP consulfnnfsGroup Page 45 0!63 I d - . .!. ' Miniscry of Public Work and Transpori Final Repori Lao Transpori Sector Project (LTSP) Inilia1 Environmenlal Examination (IEE) Fear ibility siudy Naiional Road IB - Make medical treatment available for workers. Provide workers mosquito nets and malaria prevention medication. If needed, periodically spray around the camps to against mosquitoes. - Plan post construction clean-up activities to ensure no unsanitary or otherwise dangerous debris are left behind at campsite. - All the above, the village women and young girls should also be provided with awareness in well informed about HIVIAIDS, sexually transmitted diseases and Malaria protection. 8.3.6 Ethnic Minority - Loss of cultural resources and tradition - Support well planned eco-tourism that involves solicitation of continuous feedback from both local residents and travelers. - Support the development of village cultural preservation groups, as already occurs in several villages along the project road. - Give formal training to villagers on the use of road safely: understanding of the signs, keep themselves on the right, the use of vehicles correctly, etc. IX. INSTITUTIONAL ARRANGEMENTS a. . Project Owner The project owner is represented on-site by the Owner's Site Engineer (OSE). Similarly as for the civil works contract the OSE will advise the Contractor's Engineer (CE) as to how to undertake the work for the EMP. The OSE is assisted by the Project Environmental Officer (PEO) and reports to the OSE. The OSE will need to have the following clause inserted in his duty statement. Arranges the implementation of the EMP as part of the contractual obligations of the contractor. Supervises and monitors the contractor's implementation of the EMP conditions.The OSE will be assisted in this role by the PEO. b. 'The contractor The contractor is to provide a person who is responsiblefor implementing the EMP. It is a requirement of the Tender that this person is to be identified at the time of tendering. The person is to report to the contractor's Engineer (CE). The CE is in overall charge of the Contractor's construction work and has the ultimate responsibility for ensuring that the EMP conditions are complied with. I c. ESD and PWREO (Provincial Water Resources and Environment Office) ESD will audit the work on an "as required" basis. It is recommendedthat ESD carry out at least quarterly environmental audits during construction and yearly during operation. The costs of this have been estimated at $ 5,500 for four visitslyear during construction and $ 1,2001year for one annual visit during operation. The project Owner would meet LTEC in Associaiion with S D U P consulinn& Group Page 46 of 63 Minisrry of Public Works and Trnnsporr Final Report Lao Transport Sector Project (LTSP) lnirial Environmenral Examinntion (IEE) Feasibility study Nnrionnl Rond IB these costs. ESD would also be assisted by PSTEO .There is no direct link between the project and either ESD or PSTEO. d. Ministry of Public Work and Transport Department of Road (DoR) within Ministry of Public Works and Transport will need to conform arrangements for ensuring that the use of the access road can be restricted and placed under the authority of the Project Owner and that a control point is constructedand operated at some point. e. Ministry of Agriculture and Forestry (MAF) The MAF Division of forest Resources conservation will need to provide two rangers to man the control. f. District Agricultural and Forestry Office (DAFO). The DAFO will be required to inspect and approve the clearing of a minimum width ROWof trees. Table10: Institutional Set-Up and Responsibilitiesfor Environmental and Social Tasks lnstitutionlOrganization Participants Tasks De~artmentof Road ICo-ordinationwith contractor (DOR)/O~DORVTE DoR Environmental Implementationof RAP supervision of environmental activities 1 1 k c i a l DoR Branch Co-ordination with local authorities Project Environmental -DoR VTE(EMU) and Proiect consultation Provincial DOR meetings -Provincial/ District Monitoring of cabinets environmental issues -Provincial -PWT -Provincial STEOs Forest Clearing DoR VTE(EMU) and Committee Provincial DoR timber value -Provincial/ District Monitoring of clearing cabinets process -Provincial PWT -Provincial STEOs -Provincial/District Forestry Section( PAFO& DAFEOj L Compensation DoR V-rE(EMU)and Determination of value committee ~ r o v i n c i a l ' ~ ~ ~ of land -Provincial/ District Preparation of cabinets compensation -Provincial PWT uidelines LTEC in Asrociurion with S D U P consullanls Group Page 47 of 63 Mnrch 09 Minisfryof Public Works and Transport Final Reporf Lao Transporf Sector Project (LTSP) Inifial Environmenfal Examinafion (IEE) Feasibility sfudyNarional Road IB InstitutionlOrganization Participants Tasks -Provincial Land officer Monitoring of disbursement of compensation payments Grievance Committee DoR VTE(EMU) and Settlement of Provincial DoR complaints about -Provincial/ District compensation cabinets payments -Provincial PWT -Provincial STEOs -Village authority Provincial Land Office Participation in compensation Committee DoR (MPWT) Project Owner 1 1 Reporting 1 I ESD Reporting I (Audit) 4 Reporting PEO I. Contractor I FIGURE 6: INSTITUTIONAL ARRANGEMENTS fOR THE PROJECT LTEC in Associafion w i ~ hS D U P consulfanfsGroup Page 48 of 63 March 09 Ministry of Public Work and Transport Final Report Loo TransportSector Project (LTSP) Initial Environmental Examination (IEE) Feasibilitysfudy National Road lB Table 11:Environmental Impact Matrix Potential Project Activities Significance Mitigation Measures Environmental Impact Organization I Pre- construction( Design Activities) I PEO&DE I 1- Permanent loss of assets and Loss of livelihood Minor Compensationfor land that will be SEU land: occupied by the ROWwill be paid at I market rates. I I I I 2- Loss of forest and vegetation Loss of biodiversity Minor Not possible to mitigate SEU I 1 L I 3- Impactson Wildlife and loss of ( Loss of Wildlife 1Minor 1Not possible to mitigate 1SEU habitats 4-Impact on protectedareas: The Loss of biodiversity None NIA SEU roadwill not pass through any NBCA areas. 5-Controlof roadside drainage Water quality and moderate Road drainage to be controlledso that SEU aesthetics stable non-erodingdrainage systems 1are constructed 1 6-Impact on cultural or historical I Loss of cultural heritage (Minor (Contractor is not to disturb any IContractor site culturally significant areas. 7-UXOclearance Accidents from Minor UXO to be cleared before construction DoR&Contrator explosion commences and checked during I construction. 8-Incorporationof EMP conditions If not incorporated, loss Minor i-Reviewof design DoR &PEO& DE in design and contract document of environmentalvalues ii-Incorporation of EMP conditions in and control of EMP Tender document 1 iii-Evaluatecontractor's environmental ability. I Construction I LTEC in Association with SD&XP consultan& Group Page 49 of 63 March 09 Ministry of Public Works and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibiliy study National Road IB Potential Project Activities Significance Mitigation Measures Organization EnvironmentalImpact General construction Activities: Loss of use of area soil Minor Construction camps and contractor's Contractor 1-Temporary loss of landfor, and water quality facilities will be sited in unoccupied construction camps and affected lands. constructor's facilities. Loss of Aesthetics General construction Activities: Loss of vegetation, moderate Only trees that are in the roadway area PEO& contractor& DAFO 2- Removal of trees from ROW: habitats and biodiversity will be removed. All other trees and vegetation will remain. Contractor is to clear trees with PAFO approval. General construction Activities: Promotes natural moderate All topsoil to be removed and stored in Contractor 3- Removal of topsoil. revegetation special stockpiles for later use in revegetation work General construction Activities: i- Water quality and moderate i-Dump sites to be located in approved Contractor 4- Excavation of unsuitable sub- ii-loss of aesthetics areas grade and removalto dump sites. ii-Dump sites to be rehabilitated General construction Activities: i- loss of area moderate i-Borrow pits to be located in approved Contractor& PEO 5-Opening of borrow pit areas( ii- loss of aesthetics areas irreversible impact if not ii-Borrow pits to be rehabilitated rehabilitated) General construction Activities: i- Water quality impacts Minor i-Careful removal of material from sand Contractor & SEU 6-Removal of sand and gravel and gravel beds. from riverbed deposits ii-careful operation of washing and screening machinery. General construction Activities: Water quality and moderate Sites to be protected by soil Contractor & SEU 7-Soil erosion protection aesthetics conservation and sediment control works moderate Sites to be stabilized by various Contractor & SEU 8-Stabilisation of excavated and aesthetics means, including revegetation of lower lopes and using gabions on longer steeper slopes. I-Noisy operation limi8ted to daylight Contractor 9-Noise and vibration communities and hours inside villages. workers. ii-vibratory machinery to be carefully used LTEC in Association with S D W Consultants Group Page 50 of 63 March 09 Ministry o/Public Works and Transport Final Report Lao Transport Sector Project (LTSP) Initial Environmental Examination (IEE) Feasibility study National Road IB Potential Project Activities Significance Mitigation Measures Organization EnvironmentalImpact waste system Workers and camp issues: Disturbanceto forests, moderate i-Locate camp outside significant forest Contractor 19-campwater heatingand wildlife, and biodiversity areas. cooking use of fuel wood li-Limit collection and use of fuel wood. lii-Contractor providesgas and kerosenefor water heating and cooking. Workers and camp issues: i-Worker accidents moderate I-Healthand safety plan developed. Contractor 20-Worker health and safety possible loss of life. li-Contractor providessimple health ii-Loss of productivity and first aid facilities. Workers and camp issues: Disturbanceand loss of moderate I-Labour employment agreement SEU 21-hunting and sale of wildlife wildlife and affect on enforced by contractor. biodiversity ii-Provisionof adequate camp rations Workers and camp issues: I-Socialtension may moderate I-Local people should be given priority Contractor & SEU 22-Influx of peoplefrom other arise between local in labour recruitment. areas seeking employment and people and people li-Control influx by supervising in- economic opportunities coming from outside. migration. li-Cultural and health iii-Simple healthfacilities, provided by problems. the contractorsas part of their safety, health and environmentalobligations OPERATION 1-Improvedaccess to surrounding Accelerated loss of Minor Access will need to be controlled into Contractor & SEU clear forests and wildlife forests and wildlife the new area opened by the road. resources 2-Opportunistic and unplanned i-Reduces road access moderate I-Difficultto control without a strong Contractor & SEU settlement along roadsideand quality commitmentto enforcement. within ROW ii-Increases potentialfor li-Communityawareness of ROW road accidents requirement. 3- Traffic accidentsto users Road accidents and Minor Speed limits and speed barriers to be Contractor loss of life established and supervised LTEC in Association with S D U P Consultants Group Page 52 0163 March 09 Ministry of Public Workrand Tronsport Final Reporr Lao Transport Sector Project (LTSP) Initial Environmen~alExnminafion(IEE) Feasibiliv study National Road 1B X. REPORTING. The contractor is to prepare a monthly report the outlines performance with regard to compliance with the EMP. This is to be sent to the OSE who will forward a copy to the PEO. A copy is to be sent to the ESD in the DoR in Ministry of Public Works and Transport. 10.1. MONTHLY REPORTING At the end of each month, the environmental Supervisor (SEU) will report to the DoR and ESD. 10.2. ANNUAL REPORTING At the end of calendar year, the SEU will submit an annual Social and Environmental Report to DoR and ESD. The annual social and EnvironmentalReport will include: - Progress and success of the site managementand rehabilitationprogram. - The results of environmental and community monitoring, including any significant project impacts detected and an outline of management response. - The findings of the annual implementation audit. - Recommendations for improvementsto the contractor. XI. PUBLIC CONSULTATION Public consultation is an important element for carrying environmental monitoring program. Providing local people participation in the project will assist in finding out impacts causes by the project and their solution. Also this will improve environmental grievance mechanism to influence decision about the use and management of natural resources. All phases of the project will include structure for consultation and for information disclosure to affected people, appropriate government agencies, and other stakeholders, for a sound environment assessment. The following information will be disclosed to local people and other stakeholders. Result of Public Consultation: The project information had been disclosed to local people and other stakeholders. All accepted with pleasure and they expected this road sector to be improved. The reasons why they needthis road improved because: - Many better income households imported construction materials such cement and steel bar from China. - LTEC in Associnrion with SD&YP consultants Group Page 53 of 63 March 09 Minirrry of Public Works and Transporr Final Reporr Lao Transport Sector Projecr (LTSP) lnirinl Environmenral Eraminorion (IEE) Feasibility study National Road IB - A couple Lao and Chinese traders come to villagers on the road to collect cash crops, NTFPs and animals. - A number of hardworking villagers have surplus rice, which they have to keep it unconsumed due to lack of good communicationsystem. XII. ENVIRONMENTAL MANAGEMENT PLAN COSTS. As explain in the EMP with relatively minor impact by this project. Therefore, the major works are to provide ESD the facilities that could monitor and follow up with the project in the different stage of project development. Most of impact would be likely during construction period. The ESD will pay a role on monitor and provide recommendation for contractor activities in order to minimize and mitigate all the impacts. Budget are proposed in the table 12 below: Table 12: Capital and annual costs for Mitigation Measures I Capital Costs 1 Quantity [ Unit cost 1 Total I I I Accommodation for 4 persons 1 25,000 25,000 Vehicle Toyota (4WD) 1 24,000 24,000 Equipment LS 15,000 15,000 Total Capital 64,000 $ Annual Running Costs Salaries+ Allowances 4 5,000 20,000 Vehicle running costs 1 6,000 6,000 -- Maintenance costs LS 10,000 10,000 Total Annual Running Costs 36,000 $ LS= Lump sum The cost of establishingthe control point is $64,000 and annual running costs are estimaied at $ 36,000. These costs will be met out of the Project's Capital and Operating Budget. XIII. DETERMINANTS FOR ROADS In parallel with technical assessment, referring to the Department of Road's advisory document, environmental impact assessment should be enhanced in the road design and other related road construction activities. Any technical design adjustment and modification should ensure to minimize environmental and social impact, which will consequently relate to cost estimate. The following determinants give the conclusion and show the significant adverse environmental impacts in which case a summary IEE should either be prepared with mitigation measures to address or lessen the specific potentialeffects. LTEC in Associnrion wirh S D M consulrnnls Group Page 54 of63 March 09 Minisrv of Public Works and Transport Final Reporr Lao Transport Sector Project (LTSP) Initial Environmental Eramination (IEE) Feasibility study National Road IB Tablel3: Environmentally sensitive areas ENVIRONMENTAL IMPACTS comments Yes No ) Will the project create unwarranted losses in 1 I l l I previouslirreplaceable natural or other resources? Will the project make unwarranted accelerated use of scare resources in favor of short-term over long-term economic gains? Will the project adversely depreciate the national 1 energy andlor foreign exchange problem to an unwarranted degree? Will the project result in unwarranted hazards to 1 1 endangered species? Will the changes in surface hydrology caused by 0 ~ 1 1 the project result in impairment fisherieslaquatic ecology, or of other beneficial water uses? Will the construction operations protect against 1 excessive erosionlsilt runoff from cut and fill areas, including use of temporary holding ponds with post construction landscaping? I Will the project include provisions for monitoring 1 I to ensure contractors' compliance with specified constraints and will any post - construction monitoring be needed to ensure adequate environmental protection? Will the project result in undesirable resettlement 1 to an unwarranted degree? Will the project tend to increase the income to the 1 people in the project area? XIV. MONITORINGAND EVALUATION. Monitoring is to assess how well the mitigation measures have been implemented and how well they are functioning in terms or reducing the impact. Monitoring responsibilities and monitoring criteria are required together with a budget. Monitoring is also evaluated so that if any of the mitigation measures are not shown to be working effectively decisions can be made as to their continued'need or they may be redesigned and re-implemented. LTEC in Association with S D M P consultnnts Group Page 55 of 63 March 09 Ministry of Public Worb and Transport Final Repon Lao TransporfSecfor Projecf (LTSP) Inilia/ Environmenfal Examinalion (IEE) Feasibiliv study National Road IB 14.1 ESTABLISHMENT SOCIAL ENVIRONMENTAL UNIT (SEU) In order to carry out detailed environmental management plan, DEMP, the provincial Public Works in collaboration of Public works Division at district level are considered to be the primary partners. Thereforeestablishing SEU for the road project in PakNamNoy to B. Yo village is considered to be critical. Reselect and assign one or two persons from District of Public works and Transport to be members of SEU with well-defined roles and responsibility by allowing them to commit with resettlement and compensation enough to cope with the problems they have to discuss, to solve or to submit to ProvincialCRC Chairman. The SEU, with the periodical assistance of ESD of the Ministry of PublicWork will carry out compliance monitoring to day-to-day inspection on compliances of mitigation measures of the contractors. Prepare reports on the compliance monitoring. 14.2 MONITORING AND EVALUATION SCHEDULE Table 14: Time schedule for Environmental Monitoring and Evaluation 1 Monitoring I Month 1M2 IM3 IM4 )M5 )M6 IProject 1 complete b EMU& ESD b of DoR PWRE0,DoR b Independent · Note: Time schedule for monitoringand Evaluationis based on time frame for construction. 14.3 ENVIRONMENTALINDICATORS Monitoring items have been determined base on .the potential negative impacts identified in each project stage. Monitoring indicators for each project stage are given below: Mobilizationand construction stage Operation stage House and residentiallands Cultural resources Publicfacilities and agriculturallands Indirect impact, trash, development Cultural resources Outbreak diseases Soil erosion Accidental risk Riverbed ecology Riverside vegetations Construction camps Quarries and borrow pits - Spoil and construction waste water contamination LTEC in Associalion wilh SD&XP consulfanfs Group Page 56 of 63 March 09 Minisfryof Public Works and Transport Final Reporr Lao Transporr Sector Project (LTSP) In~rialEnvironmental Examination (IEE) Feasibiliry sludy Notional Rond IB ( Mobilization and construction stage 1 Opration stage Dust Noise and vibration Risk and toxic materials Accidental risks XV. CONCLUSION AND RECOMMENDATIONS Based on the above assessment of impacts it is concluded that while the road will have a minor impact on the forest and wildlife resources. These impacts can be controlled by the provision of a control point and the inclusion of the area surrounding. The road design follows an existing road through 19 villages (direly living along the road side) and some resettlement houses will be required. It is possible that some compensation may be need to arrange but this is not expected to be a significant issue since this will only affected minor (0,139 ha) of housing land that will be required for the road construction. Determination of compensation payments is the responsibility of the provincial government of Phongsaly Province. The design and the contract and tendering documents have already been checked and revised which ensures that the risks associated with not implementing the EMP during construction have already been significantly reduced. Under the tendering requirements the EMP will form part of the tender documents and the EMP will be required to be addressed by the tendered. The tenderer's abilities to comply with the EMP will also be evaluated at the time of tender approval. All other impacts are manageable and can be addressed by the EMP. Based on a minor impact on the environment in IEE above so EIA shall not require doing The recommendations require further consideration by GoL and action by the Project .Owner. The Project Owner urgently considers appointing a Project Environment Officer (PEO) to assist with the evaluation of the contractor and supervision of construction. The requirements for compensation are determined by the Phongsaly Province and this be commenced as soon as possible so that all compensation matters are finalized before construction commences. The monitoring costs of $ 36,000 annually during the construction are provided for by the Project Owner to allow ESD and PSTEO to carry out a quarterly environmental audit during construction. Furthermore, the Project Owner includes an amount of $ 1,200 also to ESD and PSTEO to carry out an annual environmental audit. This amount included as part of the Project Operation budget. From the above assessment, this Project is going to generate only minor impact to the environment. IEE is sufficient for the project and EMP is addressed all the impacts and having mitigation measures as well as budget and institutional responsibility. Therefore EIA is not required for this project. LTEC in Association wilh SD&XP consultants Group Pnge 57of63 March 09 Ministry of Public Works and Transport Final Report Lao Transport Sector Project.(LTSP) Initial Environmental Examination (IEE) Fearibilifystudy National Road IB APPENDIX 1: Questionnaire on Environmental Study Location issues Change alignment due to impacts to land use a'nd structures Impact on fauna and flora Loss of riverside vegetation Loss of vegetations and habitat through road widening or realignment of the Right of Way, and extraction from quarries and borrow pits Land use and resettlement Destruction of land use through road widening and realignment, quarries, borrow pits and cut spoil disposal Encroachmenton cultural and historical sites Encroachmenton known cultural and historical sites Encroachmenton previouslyunidentified cultural and historical sites Interferencewith drainage patterns,and water quality Water pollution by oil, grease and fuel around gas station and parking areas Changes to riverbed ecology from extraction of river sand gravel Effects on either utilities or traffic Encroachmenton water supply system from road construction activities Visual.effects and aesthetics Visual impact of road cut, spoil disposal, borrow pit and quarries Creation of stagnant of water bodies in borrow pits, quarries, etc. Naturalvegetation and wild life Loss of riverside vegetation Loss of vegetations and habitat through road widening or realignment of the Right of Way, and extractionfrom quarries and borrow pits Depletion of natural resources through demand of building materials, fuel and food for road workers Over exploitation of forest resources through illegal and unsustainable harvesting Impact on local wild life by work force Land use and resettlement Destruction of residential and agricultural lands through road widening and realignment Health and safetySolid waste of construction camps Accidental risk of injury of loss of life to people and livestock from increased traffic volume and speed Erosionand silt control Erosion and instability of earth works, and borrow pits Erosion of lands below roadbeds receiving concentrated outflow carried out by drainage structure Erosion from disposal of cut spoils Erosion and instability of cut faces and borrow pits Erosion of lands below roadbeds receiving concentrated outflow carried out by drainage structure LTEC in Association with S D U P consulrants Group Page 58 of 63 March 09 Ministry of Public Works nnd Tranxpor! Final Repor! Lao Transpor!SecforProjecl (LTSP) Inifial EnvironrnenralExarnhnfion (IEE) Fensibiliry srudy Nn~ionalRood IB Nuisance to areas of human resettlement Noise and vibration Construction waste Dust Interferencewith utilities and traffic Accidental risk from mobilizing constructionequipment Traffic disruption during construction Operation and maintenance capacity Noise and vibration, dust, spills and runoff of hazardous materials Noise and vibration Dust Accidental risk of toxic materials spills from increased vehicular traffic and commerce Land and resettlement Land conflict, as many people may want to live on the roads, Social Impact Negative impact on the health and social well-being of local people by the introduction of an outside workforce Impact on wild life through increased pressurefrom illegal trade Over exploitation of forest resources through illegal and unsustainable harvesting Gender issues Encroachment on water supply system from road constructionactivities Creation of a new pathway of disease vectors affecting human Ethnic Minority Loss of cultural resources and tradition LTEC in Associalion with SD&XP consultan~sGroup Page 59 of 63 March 09 Minittry ofPublic Worhnnd Transport Final Reporf Lao Transport Sector Project (LTSP) lnifialEnvironmental Examination (IEE) Feasibility study NafionnlRoad IB APPENDIX 2: Summary of Road affected profile Items PakNamNoy to B.yo Number of villaaes on the road ., 20 I INumber of villaaes 5 km far " 10 Total villages 30 Number Lao villaae 3 " Number Hmong villages 10 Number of mixed villages( Khmu) 4 Number of mixed villages(Lao, Khmu & Hmong) 2 Road length (Km) 109 Number of river 2 1Number of streams 25 I Women 4,288 Educations 23 Hospital 4 Rice barns 84 ISmall shops 5 Small gasoline stations 1 Residential land (m2) 1,856 Houses to be removed 20 LTEC in Association with SD&XP consultants Group Page 60 of63 March 09 Ministry ofPublic Work nnd Trnnsport Final Report Lao Trnnsport Sector Projecr (LTSP) Initial Environmental Eraminorion ([EE) Feasibility study Nnlionnl Rond IB APPENDIX 3: Photos of field survey and existing road condition FC 1: Current Road Section FC 2: Landslideon the road road FC 5-6: Affected houses along the road side LTEC in Associalion with SD&XP consullants Group Page 61 of63 March 09 a~a~ 40 u6!saa pue hafins pal!elaa pue dMaI33I/sa!pnlS au!l asea qluouo3a-o!3oS JOJ ve43 uo!lez!ue6~0:v xla~addtl Ministry of Public Work and Transport Final Report Loo Transport Sector Project (LTSP) Initial Envrronmental Examination (IEE) Feasibilip study National Road IB APPENDIX 5: Work Plan of IEE and EMP for LTSP- NR 1B and NR 6A JUN 1 JUL AUC SEP WIS Activity W 1 WS W6 W 7 WW7 W 9 WlO W11 W12 W13 W14 W15 W16 Contract Signing J z ,- Preparation Works 0 Pr~arationand organization staffs for field work 7 3, ------ Preparation of questionnaire forms and set up necessary tools/materials needed for field work Socio-economic and Environmental surveylData 3 1 collection/ Evaluations on site and Traffic Count. I I I I I I I I I, I, I I I 1 I 1 I 1 I IField work InvestigationISocio economic data's evaluation and including of villagenAocal authority consultation, Survey in village along the Rd. NRlB Inccpr and NR6A in accordance of potential project affected 011 areas, local authority and. Inception report ..:&...,.Ti..:....~Us.,r I I Working with international experts WC-~~~-.~~'~-.."....!M Pre1imna.y Des~gdnceptionReport k + CC-4-"@0-&ULII* Check data collected and data correction and 1 2 = improve it, Develop of report IQBL-I.-IP.,I 2 Data compilat~odDraftreportin Final data report and :hit to Experf LTEC in Association with S D M P Consultants Group Page 63 of 63 March 09 Minisly of Public Works and Transport ANEX( 1-2 Lao Transport Sector Project (LTSP) Fino1 Report Feuibiliy Study Nation01 Road IB Environment and SocialAlignment Sheetfor NR 1I3 I Problems Mitigation Include in I Approx. Cost I Responsibility )- Assets losses -Resettlefor assets lost RAP ) ProvincialResettlement (houses, shops, smallI -Compensate in cash for and Compensation petrol pump at affected assets including 4,753 Committee (RCC), Project transportation fees ResettlementOffice, crowded community Village committees. at Sinxaivillage I I Trafficjam on road -Installwarning signs EMP/Contract The costs are Designer/contractor junction site -Widening road at the D~~~~~~~ includedin engineeringcost junction(lx5D meters)from the I estimates junction toward Phongsaly Province Dust and noise from I -Watering Road regularly (EMPIContractI NA Contractor I I I construction activity I 1Document I I I LTEC in associationwith S D W Consul~ontsGroup Page 1 of8 Mars 09 Ministty of Public Worhand Transport ANNEX; 1-2 Lao TransportSector Project (L TSP) Final Report Feasibility Study National Road IB 1 I - Location Problems Mitigation Include in 1Approx. Cost Responsibility road structure Document included in - Roadside erosion - Provide roadside protection eng~neeringcost estimates4 structures - Install corrugated iron at abysses - Proper disposal of waste mater~alfrom project activity - ~ s s eloss (house, t - Resettle of assets lost RAP Provincial Resettlement rice storage and public - Relocate water supply tap at a and Compensation water tap) at Ban suitable place accordingto Committee (RCC), Project KokPhao village the supply system Resettlement Office, Village committees. - Possible road - Road widening at the curve Contract The costs are includedin accident corner to enable visible of the Document engineeringcost vehicle's drivers estimates - lmproper waste - Proper waste disposal during disposal at the site and after completion of the work - - - - - - -~~ - - - - - Side wing of pipe -Extend existing pipe culvert and EMP/Contract The costsare Designer/contractor culvert damaged construction of side wing of the Document includedengineeringcost in cuIvef t estimates - Improper waste - Proper waste disposal during disposal at the site construction and after completion during construction I 1 stage I I I 1 LTEC in associarion with S D U P Consulranls Group Page 2 of8 Mars 09 Ministry of Public W o r k and Transport ANNEX: 1-2 Lao Transport Sector Project (LTSP) Final Report Feasibiliry Study National Road IB 1 Location Problems Mitigation I Includein ( Approx. Cost I Responsibility District and village Authorities Km 19+050 - Asset loss - Resettle for assets lost RAP Provincial Resettlement (temporallyhouses, Compensate in cash for the and Compensation shops, rice storage, I -assetslost and transportation fees Committee (RCC), Project water supply tap, I- Relocatethe water supply tap at Resettlement Office, petrol pump an suitable place Project Resettlement Office, Village committees. I I I~m20t000 1 - Road surface I - Well com~actof the road IContract . . I . I i in surface and renovate by fill with Document 'nC'Uaea' engineerin g cost proper laterit mixture on the estimates road surface with well 1 compacting before pavement 1 I 1 ( 1 I 1 - Standard checking by the road engineeringcost well compacting before - Standard checking bythe road LTEC in association with S D U Consultants Group Page 3 of 8 Mars 09 Ministry of Public Works and Transporr ANNEX 1-2 Lao Transport Sector Project (LTSP) Final Report Feasibiliry Study National Road IS -- -- Location - Problems Mitigation ( Include i n 1 Appro~.Cost I Responsibility Km 23+300 - Possibleaccidence - On-site safety warning and EMP, The costs are included in from rock blasting inform to local people in CRP/Contract engineering cost on the road side , advance Document estimates - Obstruct traveling - Clean up broken rock from the road surface quickly - Rehabilitate the borrow pit - periodically water sprinkling to avoid dust emission i- Km 27+200 - Land slide to the road - Provide land slide protection Contract The costs are included in - Roadside erosion structure Document engineering cost - Provide roadside protection estimates structure .:...,, :' , . .. . . - . '.:.;: :, ,.-5.J:'7.s .,-, Roadsurface collapsed due to seepage of - Refill good laterit material on water from the pond the road with well compacting on the upper side of road surface the road - Provide roadside protection structures -Water seepage from - Provide spillway or good Contract The costs are included in the pond above the drainage system from the pond Document engineeringcost road - Provide roadside protection estimates structures - Proper disposal of waste material during and after completion of the activity LTEC in associa~ionwith S D U P Consultants Group Page 4 oj8 Mars 09 Ministty of Public Worh and Transport ANNEX: 1-2 Lao Transport Sector Project (LTSP) Final Report Feasibiliy Shldy National Road l B .Location Problems Mitigation Include in 1 Approx. Cost Responsibility - Provide land slide protection Contract The costs are Designer/PWT/Contractor structure Document. included in - Provide roadside protection engineering cost estimates structure - Provide good drainage system -proper control of waste material during and after construction I Km 34+950 I - Asset loss at Ban - Resettle for assets lost RAP Provincial Resettlement - Compensate in cash for the and Compensation assets lost and transportation fees Committee (RCC), Project Resettlement Office, Village committees. - Possible road - install road direction signs at the EMP/Contract The costs are included in accidence junction Document engineering cost - lane division estimates - install speed limit sign - ovide speed down edge before folk of road - Road surfacehas - Repair the road by good laterit EMPIContract included in been cut off by runoff - Check and improve the culvert Document engineering cost water and provide good drainage estimates system - Provide the corrugated iron at I abyss site - Pipe culvert blocked - Provide culvert wing for both EMPIContract The costs are Contractor - included in due to no culvert sides (upper and lower sides of Document engineering cost Pipe culvert int wing in both sides the road) estimates LTEC in associarion with SD&XP ConsullantsGroup Page 5 of8 Mars 09 Minisfry of Public Works and Transporl ANNEX: 1-2 Lao Transporf Secror Project (LTSP) Final Reporl Femibiliry SfudyNational Road I B engineeringcost - Re-install pipe culvert - I Sediment at upper side of the culvert I - Potential accident at - Install corrugated iron at abyss EMPIContract The costs are road curve site of the road Document included in - Install sharp curve warning sign engineeringcost estimates n EMPIContract The cost5are Designer/ PWT/Contractor structure (10m high and 20 m Document in engineeringcost estimates EMPIContract The cost5 are Designer/ PWT/Contractor Document includedin engineeringcost estimates the culvert intake - Remove sediment regularly, especially in wet season L TEC in associafionwifhSDUP Consultants Group Page 6 of8 Mars 09 Minktry ofPublic Worb and Transport ANNEX: 1-2 Lao Transport Sector Project (LTSP) Final Report Fenribiliv Study National Road IB engineeringcost sharp curve road - Installsharp curve warning - Road side erosion - Provide cash compensation Provincial ~esettlement and Compensation be removed at Aya transportation fees Committee (RCC), Project Resettlement Office, --I Village committees. The costs are I Document included in engineeringcost junction of the road estimates (Aya village and the I - Asset loss ( water - Resettle of community asset Provincial Resettlement supply tab at Ban relocate the water supply tab at and Compensation Sanomay) the suitable place Committee (RCC), Project - Provide cash compensation for Resettlement Office, material needed for relocation Project Resettlement Office, Village committees. L TEC in ersociution with SD&YP ConsultunifGroup Page 7 of 8 Mars 09 Ministry of Public Works and Transport ANNEX 1-2 Luo TranspoH Sector Projecf (LTSP) Final Report Feasibility Smdy National Road l B Location ~roblems- r I Includein 1Approx. Cost ( Responsibility I Mitigation Km 80+010 I -Possible road I -Install road direction sians IEMPIContract The costsare I 1Designer/ PWT/Contractor v ~+~;u;;:.,~;.*:;~:,;:~~:: .. accidence at the - Install traffic sign or traffic circle Document engineeringcost cross roads at - Installspeed limit control sign estimates Bountai District I- Provide concrete speed down I I 1 edge at the junction I I I I IKm 107t144.2 I- Possible road . - Install direction signs I IEMPIContract The costs are I IDesigner/ PWT/Contractor accidenceat the - Iristall traffic sign or traffic circle Document in engineeringcost - Installspeed limit control sign , estimates roads to Ban Yor, - Provide concrete speed down China and another edge at the junction road to Phongsaly - Allocate parking area Remark: All of cost estimated are including in Engineering cost estimates, except compensation cost estimated of RAP ond EMP LTEC in associarion with SDMP Consul~antsGroup Page 8 oj8 Mars 09 Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity Ministryof Public Works and Transport Department of Roads LAO TRANSPORT SECTOR PROJECT PHRD Grant No. TF 090478, ProjectID No. P 102398 ANNEX 2-2 PRELIMINARY ENVIRONMENTINFORMAnON SHEET FOR NAllONAL ROAD 16 (NR IB), I09KM Pak Nam Noy- BanYo (Phongsaly Province) i@>fj%%@>D'YxYjLEO' Yr LAO T M S P O R T ENGINEERIKG CONSULTANT II In Association with i P ~ a i i P f i § & ~ - § ~ i~bk f i ; ! i SD & XP CONSULTANTSGROUP I March 2009 --- ~ - & ~ ~ c ~ s ~ - ~ C ? I M ~ L I - - r - ~ X L X LP A N N m 2-2 ALIGNMENT INFORMATION OF THE ROAD NO. I B-I ATTENTION MATTERS IN CONSTRUCTION STAGE -Ensuringproper compensationto AHs and quick land acquisitionto take advantageto construction -Pmperarrangement for construction activity and working time to avoid traffic obstacle -Strict following regulationon working safety. environmentsanitatlon. waste disposal -Periodicallywatering road surface to minimizedust emission ALIGNMENT INFORMATION OF THE ROAD NO. 1B-2 STATUS - The section is residentialarea with houses, small ,: shops, rice storage. and publicwater tap at Ban Bouam Phan village. the sectionof the road is gentle.curveof 19+050 m from thejunction to the end road SOLUTION - Houses in the area settled close to the road with some small shops located on the road right of way. These assets should be quickly compensatedand removed in order to immediatelystart the construction work one month before. - The roadat the curve section needs an extension part to enablevision of the vehiclesfrom both sides - The public water supply tap must be relocatedin an appropriate place according to the supply system - All needed signs ( curve warning, speed limit, need to be installed PLAN ARIMNGEMENT FOR TRAFFIC SAFEM SYSTEM -... 9 e?.in cj Area n ATTENTION MATTERS IN CONSTRUCTION t!o ParkingArea STAGE -Ensuring proper compensationto AHs and - f' :lgnb;ro pole - - quick land acquisitionto take.advantage to S p e d 11.n-8%d~i.71edge construction - d sriegs Proper arrangementfor constructionactivity and working time to avoid traffic obstacle ;--( c0~:vsrt - 1 and continuous noise pollution .d Rouse Strict followingregulation on working safety, environment sanitation, waste disposal -Periodically watering road surface to minimize dust emission ANNEX: 2-2 ALIGNMENTINFORMATION OF THE ROAD NO.1B-3 STATUS - The section is in highslope area on the lefl hand side toward end road - Therewill be rock blasting ,stone excavation for road construction - , Heavymachineat w r k with frequency truck traveling SOLUTION -Thereshould be well inform mechanism to villagersas well as the travelers on this road on rock blasting -On-site safeguard staff with short wave radio must be there at the check point on the both sides of this section -This part of the road must be cleaned and rehabilitatedto or nearly the same previous condition -Temporallycamp and material storageshelter must be removed - I Avoid oil spill or improperwaste disposal from machineries PLAN ARRANGEMENT FOR TRAFFIC SAFETY SYSTEM ATTENTION MAlTERS IN CONSTRUCTION -STAGE Proper arrangement for constructionactivity and,workingtime to avoid traffic obstacle and continuousnoise pollution - Strict following regulationon working safety, environmentsanitation, waste disposal - Periodicallywatering road surface to minimizedust emission f' - Lightingm!e - Speed li.?lit CoiV.'nedge d - 3ibge '4Caufvcz? ,a3m.e AMVEX: 2-2 ALIGNMENT INFORMATION OF THE ROAD NO. 1B-4 twenc ;.am-, ST.--Ism a' p)caner.:minx "0'" """'0" Y;;eigiiilimi? :ge*d limit Speed Limh Par?tingArea 9 !!D Fa&iog Area f LI~~Z'IIQPC!~ ATTENTION MAlTERS IN CONSTRUCTIONSTAGE - --- -Properarrangementfor constructionactivity and working time Speed 11.r;jl cc;:;n edge to avoid traffic obstacleand continuousnoisepollution - 3fi5gs Strict following regulationon working safety, environment sanitation,waste disposal '-c Cwlverr -Periodically watering road surfaceto minimizedust emission 7ncuse YO 'Jss,n-, -f?ainin~:'rs:l I' ALIGNMENT INFORMATION OF THE ROAD NO. 1B-5 STATUS - The section is passing through community village area with houses. shops of Ban NamLee village - No warning signs existed on the road SOLUTION - The road will be upgradedand installedwith necessarywarning signs - this includesspeed limit, roaddirection, sharp curve warning etc. Assets compensationmust be done beforethe road construction - Avoid improperwaste materialdisposal in the area during and after completion - periodic water sprinklingon the new road surface to reducedust emission inthe residentialarea i-spenc A r.qen 3- mort: ~ z n,mi, e 7'HME ;?~rscaon B ATTENTION MAlTERS IN CONSTRUCTION T..:sigli:l i ~ ~ i ~ 9 STAGE - Ensuringproper compensationto AHs and quick speee ti"7h landacquisitionto take advantageto Q construction activity - Speed timil Proper arrangement for construction activityand workingtime to avoidtraffic obstacle and 9 PzrkingArea continuous noise pollution - Strictfollowingregulationon working safety, r!n Fsrk~ngArea environment sanitation, waste disposal -P - Periodically watering roadsurface to minimize t~snrmgpc!e dust emission - - Smed l~rriit dmP:nedge SMpe '4 Coirivert 1House !.lascn?,f ~erzining:vall t ALIGNMENT INFORMATION OF THE ROAD NO. 1B-7 STATUS - The intersection is passlngthrough crowd communityvi lage area in Bountai D~stricttown where ;t can connect to Boun Neua.to Navayand Ban Yor. villages - There is a cross section roadapproachfrom Bounneua District and from china through Ban Yor village - Presentlyno traffic safety fac~lit;es SOLUTION - All neededtraffic s.gnswill be installedsuch as speed ~~mit, road direct~onsign speeddown edge and reflectedlight palnts wlll be usedfor lane division and car parking, market place andso on should be located away from the main road. - The concrete speed down edges will be installedat (he cross sect:on - Appropr~atel~ghtreflectedpaint will be appliedto enable night -.~xw,,pTr...,.7 111 I vision of the driver / PLAT4 ARRANGEMENT FOR TR4FIC SAFETY SYSTEM ATTENTIONMATTERS IN CONSTRUCTION STAGE - Ensuringproper compensationto AHs and qu~ckland acquisit~onto take advantage to 'F' ~ a ~ ~nr egs construction 9 - tlaPsrrlng Area Properarrangementfor construction activity r and workingtime to avoidtraffic obstacle ugrnrm~rm!e - and continuous noise pollution -fwad -- rlmjr co;s.n edge - Stnct followingregulationon working safety, Bndge environmentsanitation. waste disposal - Periodicallywatering mad surfaceto '-I Cucrtven 7 minimize dust emission nmse !.9~sm-; ztuining wall ANNEX: 2-2 ALIGNMENT INFORMATION OF THE ROAD NO. 1B-8 STATUS PLAN ARRANGEMENT FOR TRAFIC SAFETY SYSTEM - The intersectionis passingthrough crowd community village area in Ban Yor village where it can connect to China on one Y way and to Phongsaly provinceon the other. ! . * r * v c l .' - Presentlyroad is in poor condition and no traKi safety facilities ., "'."'!':I: . . ...,I ..:...,,, . , SOLUTION .*- , , , . ' , , ,- - I -.' **;. - the border check pointwill be improve, which is include offices of immigration,fauna and flora check post, Weighting - <: point, accommodationsfor officers, parking area; etc. .. All needed traffic signs will be installed such as speed limit, . ' I ; road direction sign, speed down edge and reflected light , . .. '! . ,' paints will be used for lane division and car parking. market olace and so on should be located away from the main road. The concrete speed down edges will be installed at the cross section Appropriate light reflected paint will be applied to enable night vision of the driver T o Khua District G 0 Lepene ,3!.! ATTENTION MATTERSIN CONSTRUCTION STAGE - Ensuringproper compensation to AHs and SceedLirnk quick land acquisitionto take advantage to 9 construction Pxkiog Area - Proper arrangementfor constructionactivity 9 IIPFar6:ns Area andworking time to avoidtraffic obstacle andcontinuous noise pollution - r Lrpwinp pole - Strict following regulationon working safety. - - - Spszd limi: d c r m erioe environmentsanitation, waste disposal - Periodicallywatering road surfaceto d BridQe - ---L c~&l;:sn minimizedust emission Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity Ministry of Public Works and Transport Department of Roads Lao Transport Sector Project ANNEX 3-2 I Environment Bidding Document I For The I IMPROVEMENT OF NATIONAL ROAD'IBSUBPROJECT Prepared by: i 6 Q ~ 3 A ' / 1 B , ~ ' / l ' / i ~ f B ~ ' / ~ ' A 6 Lao Transport Engineering Consultant I In association with rgalsiia(ling(l~~ty5ahUPj nu '4 SD & XP ConsultantsGroup MARCH 2009 Lao Transport Sector Project (LTSP) LIST OF Works Requirements ~ National Road 1B; Pak Nam Noy - Ban Yo CONTENTS December, 2008 Phongsaly Province LAO TRANSPORT SECTOR PROJECT (LTSP) PHRD Grant No. TF 090478, Project ID No. P 102398 National Road 1B PAK NAM NOY - BAN YO BIDDING DOCUMENTS LIST OF CONTENTS PART 1 BIDDING PROCEDURES SECTION I INSTRUCTIONS TO BIDDERS SECTION I1 BID DATA SHEETS SECTION 111 EVALUATION AND QUALIFICATION CRITEFUA(FOLL0WING PREQUALIFICATION) SECTION 111 EVALUATION AND QUALIFICATION CRITEFUA(WITH0UT PREQUALIFICATION) SECTION IV BIDDING FORMS SECTION V ELIGIBLE COUNTRIES PART 2 WORKS REQUIREMENTS SECTION VI WORKS REQUIREMENTS PART 3 CONDITIONS OF CONTRACT AND CONTRACT FORMS SECTION VII GENERAL CONDITIONS (GC) SECTION VIII PARTICULAR CONDITIONS (PC) SECTION IX ANNEX TO THE PARTICULAR CONDITIONS-CONTRACTFORMS SECTION X RESPECTITAKE CARE ON MITIGATION MEASURE FOR (i) Environmental Alignment Sheet (ANNEX: 1-2) (ii) PreIirninaryEnvironment Sheet (ANNEX: 2-2) (iii) Environment Bidding Document (ANNEX: 3-2) (iv) Community Relation Plan (ANNEX: 4-2) LTEC in associationwith SD & XP ConsultantsGroup. Page 01/02 Lao Transport Sector Project (LTSP) LIST OF Works Requirements National Road 1B; Pak Nam Noy - Ban Yo CONTENTS December, 2008 Phongsaly Province SECTION VI :WORKS REQUIREMENTS Scope of Works Specifications Drawings Supplementary Information LTEC in association with SD & XP Consultants Group. Page 02/02 Ministry of Public Works and Transport Fiml Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibiliv Study N a t i o ~Road1B l Table of Content ENVIRONMENTALSPECIFICATIONS FOR CONNSTRUCTION OF NR 1B.......................2 I. General .................................................................................................................. 2 2. Details Obligation of the Contractor .......................................................................2 2.1 Contractor's EMP Implementation Plan................................................................... 2 2.2 EnvironmentalDuties of the Contractor ................................................................... 3 2.3 Contractor's EnvironmentalTeam......................................................................... 3 2.4 ConstructionActivities and Environmentalrules for the Contractor........................5 2.4.1 Prohibitions............................................................................................................ 5 2.4.2 Transport ...............................................................................................................6 2.4.3 Workforce and Camps.............................................................................................. 6 2.4.4 Activities in Construction Camp.............................................................................8 2.4.5 Site Restoration.....................................................................................................9 2.4.6 Waste Management.............................................................................................. 9 2.4.7 Erosion Control....................................................................................................... 10 2.4.8 Maintenance........................................................................................................10 3. Earthworks,Cut and Fill Slopes...........................................................................11 4. Stockpiles and Borrow Pits..................................................................................11 5. Disposal of Constructionand Vehicle Waste .......................................................16 6. Safety during Construction .................................................................................. 16 7. Nuisance and Dust Control.................................................................................. 17 8. Demolition of Existing Infrastructure....................................................................18 9. Community Relations .......................................................................................... 18 10. Physical Cultural Property Chance-finds Procedures...........................................19 11. Hazardous Materials............................................................................................ 19 12. Health Services, HIVIAIDS Education..................................................................20 13. EnvironmentalEmergency Procedures................................................................ 21 14. EnvironmentalTraining and Awareness ..............................................................22 15. EnvironmentalSupervisionduringConstruction .......................................... .......23 ; LTEC m assocratron wrth SD&XP Consultants Group Page 1 of23 Mar.09 Ministry of Public Worksand Transport Final Reporf Loo TransportSector Project(LTSP) EnvironmenfBiding Documenf Feasibilitv Studv NafionalRoadIB ENVIRONMENTAL SPECIFICATIONS FOR CONNSTRUCTION OF NR 16 I. General Ministry of Public Works and Transports (hereafter called Employer) who is getting the loan from World Bank (WB) for upgrading of the National Road Number 5 in Phongsaly Province (hereafter called the Project). Err~ployeris preparing Resettlement Action Plan (RAP) and Initial Environmental Examination (IEE) and its Environmental Management Plan (EMP) and these documents are approved by Lao Government and agreed with WB. Therefore, A Company and sub-contractor that awarded by this project (here after called the Contractor) shall strictly follow the Resettlement Action Plan (RAP) and lnitial Environmental Examination (IEE) and Environmental Management Plan (EMP) prepared by the Employer. The Contractor and his employees shall adhere to firstly try to minimize the impact that may resulted of the project construction activities and secondly, the mitigation measures set down in these specifications to prevent harm and nuisances on local communities, impacts in construction and operation on the environment. 2. Details Obligation of the Contractor 2.1 Contractor's EMP lmplementationPlan Prior to commencement of construction, the Contractor will be required to submit an EMP lmplementation Plan to the Project Environment Officer and Social and Environment Division (SED) based on the Contractor's actual construction methodologies, work program, type and number of construction plants to be used. The EMP shall demonstrate compliance with the requirements. Personnel(s) within the Contractor team who are responsible for implementation of the environmental requirements shall be specified. The content of the Contractor's EMP shall be in line with the project specific EMP mentioned above and is enhanced by the Contractor's works practices, implementation procedures and program. The Contractor's EMP lmplementation Plan shall provide details such as commitment to environmental protection by the Contractor project management team; methodology of implementing the project EMP; organization chart of Contractor's environmental team; detailed designs and installation locations of access roads and pollution control facilities (e.g. drainage channel, settling tank, temporary noise barrier, etc); Contractor's Waste Management Plan (WMP); environmental control mechanism; and environmental monitoring program during different stage of construction period. A Rehabilitation Plan shall be prepared during the design stage which shall include preliminary designs on the temporary and permanent landscaping plan during both the construction and post-construction maintenance period. 'The landscape plan shall cover all project works which may affect vegetation and natural landform (e.g. LTEC rn association wifhSD&XP ConsulfanfsGroup Page 2 of23 Mar.09 Ministry of Public Works and Transport Final Report Lao TransportSector Project(LTSP) Environment Biding Document Feasibrlirv Studv National RoadlB borrow pits, disposal sites, slopes and temporarylstockpiling areas) Sensitive locations and areas where landscaping works are required both during construction and after the construction shall be identified and incorporated into the design. 2.2 Environmental Duties of the Contractor The duties of the Contractor and his Sub-contractor include but not limiting to: - Compliance with relevant environmental legislative requirements; - Work within the scope of contractual requirements and other tender conditions; - Organize representatives of the construction team to participate in the joint site inspections undertaken by the Environment Team, and undertake any corrective actions instructed by the Project Environmental Officer (PEO)/ or Social and Environment Division (SED) of MPVVT; - Provide and update information to the Environment Team regarding works activities which may contribute, or be continuing to the generation of adverse environmental conditions; - In case of non-compliances/discrepancies,carry out investigation and submit proposals on mitigation measures, and implement remedial measures to reduce environmental impact; Stop construction activities which generate adverse impacts upon receiving instructions from the PEOIESD. Propose and carry out corrective actions and implement alternative construction method, if required, in order to minimize the environmental impacts; 2.3 Contractor's Environmental Team An Environment Team (ET) will be established by the Contractor. The ET will be led by an ET Leader who shall have extensive environmental management, training and monitoring experience (at least 5 years experience) in construction projects and familiar with the environmental legislatives requirements. The qualification of the proposed ET Leader shall be approved by the PEO and ESD prior to commencement of project. The ET Leader shall be supported by a team of qualified staff. Both the ET Leader and ET members are required to work full time on-site. Sufficient number of staff shall be included in the team in order to carry out the duties specified in the EMP. The Contractor shall ensure adequate resources are ava~lableto the ET for the implementation of the EMP throughout the construction and maintenance period. The Contractor can either establish the ET and ET Leader of suitably qualified and experienced staff within their organization or sub-contract to an institution experienced in EM&A who would provide an ET and ET Leader. LTEC in association wlth SD&XP Consultants Group Page 3 of23 Mar.09 Ministry of Publrc Works and Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Documen1 Feasibility Study National RoadlB The ET Leader and ET are responsible for implementation and management of the EMP program. Regular environmental monitoring works, as required by the environmental legislation, shall be carried out by qualified laboratories and monitoring team. The laboratories and the monitoring team shall be considered a member of the ET. The roles and responsibilities of ET and ET Leader are: - Sampling, analysis and evaluation of monitoring parameters with reference to the IEE report and EMP recommendations and requirements; - Carry out environmental site surveillance to investigate and audit the Contractors' site practice, equipment and work methodologies with respect to pollution control and adequacy of environmental mitigation implemented; - Review the success of EM&A program to cost-effectively confirm the adequacy of mitigation measures implemented - Monitor compliance with environmental protection, pollution prevention and control measures, and contractual requirements; - Monitor the implementation of environmental mitigation measures; - Audit and prepare audit reports on the environmental nior~itoringdata and site environmental conditions - Complaint investigation, evaluation and identification of corrective measures. - Advice to the Contractor on environment improvement, awareness, proactive pollution prevention measures; - Engage a qualified staff, preferably a Landscape Architect to review and monitor the Contractor's submitted Landscape Implementation Program and the Compensatory Planting Plan, and to supervise the Contractor's landscaping works; - Follow the procedures in the EMP and recommend suitable mitigation measures to the Contractor in the case of non-compliance 1 discrepancies identified. Carry out additional mor~itoringworks within the specified timeframe instructed by the PEO and ESD; and - Liaison with the Contractor, PEO and ESD on all environmental performance matters, and timely submission of EM&A reports to the project proponent, PEO, ESD and relevant administrative authorities, if required; Remedial actions which cannot be effectively carried out during construction should be carried out on completion of the works (and before issuance of the acceptance of completion of works): LTEC m associatron with SD&XP Consultants Group Page 4 of 23 Mar.09 Ministry of Public Worksand Transport Final Report Lno Transport Sector Project(LTSP) Environment Biding Document Feasrbiliry Study National RoadlB - All affected areas should be landscaped and any necessary remedial works should be undertakenwithout delay, including grassing and reforestation; - Water courses should be cleared of debris and drains and culverts checked for clear flow paths; and - All sites should be cleaned of debris and all excess materials properly disposed; - Borrow pits should be restored 2.4 Construction Activities and Environmental rules for the Contractor The following information is intended solely as broad guidance to be used in conjunction with local and national regulations. Before initiation of construction activities, the Contractor shall present the Project Engineer with a Construction Plan which explicitly states how he plans to abide by these specifications. After approval of such Plan by the Project Engineer, construction activities can proceed. 2.4.1 Prohibitions The Contractor will prepare and enforce a "Environmental Management Notice".The following activities are prohibited on or near the project site: - Cutting of trees for any reason outside the approved constructionarea; - Hunting,fishing, wildlife capture, or plant collection; - Buying of wild animals for food; - Disturbanceto anything with architecturalor historical value; - Buildingfires outside camp areas; - Use of firearms (except authorizedsecurity guards); - Use of alcohol by workers in the office hours; - Washing car or machinery in streams or creeks. - Doing maintenance (change of oils and filters) of cars and equipment outside authorized areas - Disposingtrash in unauthorized places - Driving in an unsafe manner in local roads. - Having caged wild animals (especially birds) in camps. LTEC in assocratron wrth SD&XP Consultants Group Page 5 of23 Mar.09 Ministry of Public Worksand Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document FeasibiliQ Study National RoadlB - Working without safety equipment (including boots and helmets) - Creating nuisances and disturbances in or near communities - Disrespecting local customs and traditions - The use of rivers and streams for washing of clothes. - Indiscriminate disposal of rubbish or construction wastes or rubble. - Littering of the site. - Spillage of potential pollutants, such as petroleum products. - Collection of firewood. - Poaching of any description - Latrine outside of the designated facilities. - Burning of wastes andlor cleared vegetation. 2.4.2 Transport The Contractor shall use selected routes to the project site, as agreed with the Project Engineer, and appropriately sized vehicles suitable to the class of roads in the area, and shall restrict loads to prevent damage to local roads and bridges used for transportation purposes. The Contractor shall be held responsible for any damage caused to local roads and bridges due to the transportation of excessive loads, and shall be required to repair such damage to the approval of the Project Engineer. The Contractor shall not use any vehicles, either on or off road with grossly excessive, exhaust or noise emissions. In any built up areas, noise mufflers shall be installed and maintained in good condition on all motorized equipment under the control of the Contractor. Adequate traffic control measures shall be maintained by the Contractor throughout the duration of the Contract and such measures shall be subject to prior approval of the Project Engineer. 2.4.3 Workforce and Camps There are potential of the local available labour from the villages along the road that c o ~ ~participate in the project implementation activities. Priority shall be set by the l d contactor(s) and sub-contractor to hire the local labour for the works. The Contractor will take the following steps to maximize to use of the local labour: LTEC in assoc~atronwrth SD&XP ConsultanfsGroup Page 6 of 23 Mar.09 Ministry of Public Worksand Transport Final Report Loo Transport Sector Project(LTSP) Environment Biding Document Feasibiliy Study National Road1B - Announcement for the position that local labour could participate in the works to every villages along the road. - Provide work safety training to those local labours upon their success joining the project as necessary. Construction camp site will have to agreed by local authority (may be village) about the location before setting. The construction camp shall be provided with ,the following minimum facilities: - A perimeter security fence at least 2m in height constructed from appropriate materials. - In every site adequate and suitable facilities for washing clothes and utensils shall be provided and maintained for the use of contract labor employed therein. Separate and adequate bathing facilities shall be provided for the use of male and female workers. Such facilities shall be conveniently accessible and shall be kept in clean and hygienic conditions. - Sanitary arrangements, latrines and urinals shall be provided in every work place on the following scale: > Where female workers are employed, there shall be at least one latrine for every 25 females or part thereof. 9 Where males are employed, there shall be at least one latrine for every 25 males or part thereof. 9 Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings. 9 Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice in the language understood by the majority of the workers "For Men Only" or "For Women Only" as ,thecase may be. 9 The latrines and urinals shall be adequately lighted and shall be maintained in a clean sanitary condition at all times and 9 Water shall be provided in or near the latrines and urinals by storage in drums. - A sick bay and first aid station. First aid box shall be provided at every construction campsite and under the charge of a responsible person who shall always be readily available during working hours of the work place. He shall be adequately trained in administering first aid-treatment. Formal arrangement shall be prescribed to make motor transport available to carry injured person or person suddenly taken illto the nearest hospital. LTEC m assocration wrth SD&,YP Consultants Group Page 7 of 23 Mar 09 Ministry of Public Worksand Transport Final Report Lno TransportSector Projecr(LTSP) Environment Biding Document Feasibility Smdy National RoadlB - Are as for the storage of fuel or lubricants and for a maintenance workshop. Such an area shall be bunded and have a compacted/impervious floor to prevent the escape of accidental spillage of fuel and or lubricants from the site. Surface water drainage from bunded areas shall be discharged through purpose designed and constructed oil traps. Empty fuel or oil drums may not be stored on site. - Low cost sanitation facilities to provide treatment for wastewater discharges from toilets, wash rooms, showers and the like. - Storm water drainage system to discharge all surface run off from the camp site to a silt retention pond which shall be sized to provide a minimum of 20 minutes retention for storm water flow from the whole site that will be generated by a 20 year return period rainfall having a duration of at least 15 minutes. The run-off coefficient to be used in the calculation of the silt pond volume shall be 0.9. Silt ponds shall be maintained in an efficient condition for use throughout the construction period with trapped silt and soil particles being regularly removed and transported and placed in waste material disposal areas as per ECP 11. - All discharge from the silt retention pond shall be channeled to discharge to natural water via a grassed swale at least 20 meters in length with suitable longitudinal gradient. - Waste disposal facilities shall be provided: > Disposal of sanitary wastes and excreta shall be into septic tanks. > Kitchen wastes shall be disposed into soak pits. Wastewater from campsites will be discharged and disposed in a kitchen sump located at least 15 meters from any body of water. Sump capacity should be at least 1.3 times the maximum volume of wastewater discharged. The bottom of the pit should be filled with coarse gravel and the sides shored up with board, etc. to prevent erosion and collapse of the pit. > Solid wastes generated in the construction site shall be reused if recyclable or disposed off in land fill sites - All camp facilities shall be maintained in a safe clean and or appropriate condition throughout the construction period. - Fire breaks are important, together with an effective fire prevention policy. 2.4.4 Activities in Construction Camp The following precautions need to be taken in construction camps: LTEC in association with SD&XP ConsultantsGroup Page 8 of23 Mar.09 Ministry ojPublic Works and Transport Final Report Lao TransportSector Project(LTSP) Environment Biding Document Feasibiliv Study National RoadlB - Measures to ensure that no leaching of oil and grease into water bodies or undergroundwater takes place - Wastewater should not be disposed into water bodies - Regular collection of solid wastes should be undertaken and should be disposed off safely - All consumables as the first aid equipment, cleaning equipment for maintaining hygieneand sanitation should be recouped immediately The Contractor shall ensure that site offices, depots, asphalt plants and workshops are located in appropriate areas as agreed by local village and approved by the Project Engineer and not within 500 meters of existing residential settlements and not within 1,000 meters for asphalt plants. The Contractor shall ensure that site offices, depots and particularly storage areas for diesel fuel and bitumen and asphalt plants are not located within 500 meters of watercourses, and are operated so that no pollutants enter watercourses, either overland or through groundwater seepage, especially during periods of rain. This will require lubricants to be recycled and a ditch to be constructed around the area with an approved settling pondloil trap at the outlet. 2.4.5 Site Restoration At the completion of the construction work, all construction camp facilities shall be dismantled and removed from the site and the whole site restored to a similar condition to that prior to the commencenient of the works or to a condition agreed to with the owner of the land. - Various activities to be carried out for site restorationare: - Oil and fuel contaminated soil shall be removed and transported and buried in waste disposal areas. - Construction campsite shall be grassed and trees cut replaced with saplings of similar tree species. - Saplings planted shall be handed over to the community or the land owner for further maintenance and watering - Soak pits and septic tanks shall be covered and effectively sealed off 2.4.6 Waste Management Solid, sanitation, and, hazardous wastes must be properly controlled, through the implementation of the following measures: - Minimize the production of waste that must be treated or eliminated. LTEC in association with SD&XP Consultants Group Page 9qf2T Mar.09 Ministry of Public Worksand Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibiliry Smdy National RoadlB - ldentify and classify the type of waste generated. If hazardous wastes are generated, proper procedures must be taken regarding their storage, collection, transportation and disposal. - ldentify and demarcate disposal areas clearly indicating the specific materials that can be deposited in each. - Control placement of all const~uctionwaste (including earth cuts) to approved disposal sites (>300 m from rivers, streams, lakes, or wetlands). Dispose in authorized areas all of garbage, metals, used oils, and excess material generated during construction, incorporating recycling systems and the separation of materials. 2.4.7 Erosion Control Disturb as little ground area as possible, stabilize that area as quickly as possible, control drainage through the area, and trap sediment onsite. Erect erosion control barriers around perimeter of cuts, disposal pits, and roadways Conserve topsoil with its leaf litter and organic matter, and reapply this material to local disturbed areas to promote the growth of local native vegetation. Apply local, native grass seed and mulch to barren erosive soil areas or closed construction surfaces. Apply erosion control measures before the rainy season begins preferably immediately following construction. Install erosion control measures as each construction site is completed. In all construction sites, install sediment control structures where needed to slow or redirect runoff and trap sediment until vegetation is established. Sediment control structures include windrows of logging slash, rock berms, sediment catchment basins, straw bales, brush fences, and silt Control water flow through construction sites or disturbed areas with ditches, berms, check structures, live grass barriers, and rock Maintain and reapply erosion control measures until vegetation is successfully established. Spray water on dirt roads, cuts, fill material and stockpiled soil to reduce wind- induced erosion, as needed 2.4.8 Maintenance ldentify and demarcate equipment maintenance areas (>15m from rivers, streams, lakes or wetlands). Fuel storage shall be located in proper areas and approved by the Project Engineer. LTEC in association with SD&XP Consultants Group Page 10 of 23 Mar.09 Ministry ojPublic Works and Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibiliw Study National RoadlB Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas; never dispose spent oils on the ground, in water courses, drainage canals or in sewer systems. All spills and collected petroleum products shall be disposed of in accordance with standard environmental procedures/guidelines. Fuel storage and refilling areas shall be located at least 300m from all cross drainage structures and important water bodies or as directed by the Engineer. 3. Earthworks, Cut and Fill Slopes All earthworks shall be properly controlled,especially during the rainy season. The Contractor shall maintain stable cut and fill slopes at all times and cause the least possible disturbance to areas outside the prescribed limits of the works. The Contractor shall complete cut and fill operations to final cross-sections at any one location as soon as possible and preferably in one continuous operation to avoid partially completed earthworks, especially during the rainy season. In order to protect any cut or fill slopes .from erosion, in accordance with the drawings, cut off drains and toe-drains shall be provided at the top and bottom of slopes and be planted with grass or other plant cover. Cut off drains should be provided above high cuts to minimizewater runoff and slope erosion. Any excavated cut or unsuitable material shall be disposed of in designated disposal areas as agreed to by the Project Engineer. Disposal sites should not be located where they can cause future slides, interfere with agricultural land or any other properties, or cause soil from the dump to be washed into any watercourse. Drains may need to be dug within and around the tips, as directed by the Engineer 4. Stockpiles and Borrow Pits Operation of a new borrowing area, on land, in a river, or in an existing area, shall be subject to prior approval of the Project Engineer, and the operation shall cease if so instructed by the Project Engineer. Borrow pits shall be prohibitedwhere they might interfere with the natural or designed drainage patterns. River locations shall be prohibited if they might undermine or damage the river banks, or carry too much fine material downstream. The Contractor shall ensure that all borrow pits used are left in a trim and tidy condition with stable side slopes, and are drained ensuring that no stagnant water bodies are created which could breed mosquitoes. Rock or gravel taken from a river shall be far enough removed to limit the depth of material removed to one-tenth of the width of the river at any one location, and not to disrupt the river flow, or damage or underminethe river banks. LTEC m association wrth SDdXP Consultants Group Page 1I of23 Mar.09 Ministry of Public Worhand Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibilitv Study National RoadlB The location of crushing plants shall be subject to the approval of the Engineer, and not be close to environmentally sensitive areas or to existing residential settlements, and shall be operated with approved fitted dust control devices. In any borrow pit and disposal site, the Contractor shall: - Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15 meters away from critical areas such as steep slopes, erosion- prone soils, and areas that drain directly into sensitive water bodies. - Lirr~itextraction of material to approved and demarcated borrow pits. - Stockpile topsoil when first opening the borrow pit. After all usable borrow has been removed, the previously stockpiled topsoil should be spread back over the borrow area and graded to a smooth, uniform surface, sloped to drain. On steep slopes, benches or terraces may have to be specified to help control erosion. - Excess overburden should be stabilized and re-vegetated. Where appropriate, organic debris and overburden should be spread over the disturbed site to promote re-vegetation. Natural re-vegetation is preferred to the extent practicable. - Existing drainage channels in areas affected by the operation should be kept free of overburden. - Once the job is completed, all construction -generated debris should be removed from the site. The Contractor shall present a quarry or borrow pit exploitation plan. The operation of the quarry or borrow pit should follow the following' practices and should include aspects like: - Operations must be conducted in discrete stages with all valuable material fully extracted so that progressive rehabilitation can be carried out. - It is most important that operators plan for progressive rehabilitation while operations are ongoing. Planning of final rehabilitation of a pit should occur well before the cessation of operations. Any plan for the rehabilitation of a site should include a brief description of the site prior to the commencement of operations, including: soils, landform, 'flora and fauna, drainage and conservation values. - Deposits should be worked in a systematic manner, generally across or down the slope, so that worked out sections can be rehabilitated and left to revegetate without further disturbance. LTEC in association with SD&XP Consultants Group Page 12 of 23 Mar.09 Ministry of Public Worksand Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibilrm Studv National RoadlB - Where substantial volumes of waste rock or overburden will be produced by the operation of the quarry, this material should be placed in properly designed dumps, which are located and shaped to blend in with the surro~~ndinglandscape. Costly reshaping of dumps during the rehabilitation phase is then avoided. - Minimization of the total disturbed area is the best method of reducing erosion caused by storm water run-off and weed invasion. Use boundary markers, such as stakes and flagging tape, to indicate to machinery operators the extent of areas to be cleared. - Each blast should be planned in advance with the drill pattern marked out on the quarry bench by an appropriately competent person. The design sho~~ld define; drill hole diameters, drill hole depth, drill hole inclination and drill hole direction (azimuth). Each drilling operation should be executed in accordance with the drilling plan, and proposed modifications should be evaluated and approved by the responsible person prior to implementation. - Avoid blasting in overcast and other adverse weather conditions. Where blasting times are not specified in the Permit, a regular blasting time should be adhered to. - Quarrying should be carried out in a series of working benches if the material is stable. Orientation of benches should take into account the underlying geology and vantage points from which the quarry is visible. All benches should be self-draining. Each bench should act as a table drain, carrying water along the bench to a suitable discharge point or settling pond. If drainage is allowed to flow down the face from one bench to the next, erosion will occur and the benches may be lost. - Topsoil is usually the darker, upper soil layers. Though only 10 - 30 cm deep, it contains nutrients, minerals, seed, and organic matter which helps bind it all together. Wherever possible, stripped topsoil should be placed directly onto an area being rehabilitated. This avoids stockpiling and double handling of the soil. - If topsoil must be stockpiled, remember that it does deteriorate in quality while stockpiled. The following practices will help maintain soil quality: > Topsoil should be kept separate from overburden, gravel and other materials; > If possible, windrows of topsoil should not exceed one metre in height to reduce 'souring'; > Topsoil stockpiles should be protected from erosion; LTEC m assocration with SD&XP Consultants Group Page 13 of 23 Mar.09 Ministry of Public Worksand Transport Final Reoort Lao TransportSector ~ r o j e c tTSP) ( ~ Environment Biding Document Feasibiliy Study N a t i o ~RoadlB l > Growing vegetation on the stockpiles (shrubs or grasses) reduces erosion and will maintain biologicalactivity in the soil; > Topsoil should not be buried or driven on, as this will damage soil structure. Soil should be stored somewhere out of the way; and > Excessive handling of topsoil should be avoided. - Sites should be regularly inspected for the presence of noxious weeds, their presence sho~~ldbe recorded, and if necessary a control program implemented. - All run-off from working areas, which contains sediment, should be collected in settling ponds before being discharged from the premises. Water from washing, screening, or dust reduction pla'nts should be treated in a like manner. Accepted methods for removal of sediment from run-off include settling ponds, hay bale filters, aggregate filters, wetlands (shallow ponds planted with suitable swamp plants). For quarries in vegetated areas, run-off should be directed through vegetation prior to reaching any watercourse to enable further filtering of sediment. - Managementof noise impact can be through: > Confining operations to reasonable operating hours is the simplest means of avoiding unreasonable noise impacts. Another effective means is to provide appropriate separation distance to enable the noise to decay to acceptable levels. > Enclosures may be required around crushing and screening plants. Solid barriers, such as bund'walls.and topographical features, provide the most effective 'in line' reduction of sound levels. Reliance on a barrier of vegetation alone will result in only marginal reduction in noise levels. P Hydraulic rock breakers produce less noise than secondary blasting with explosives. In general, operators should avoid using surface detonating cord for charge .initiation. Sufficient stemming and appropriate delays between shot holes should always be used. Use of non-electric detonators has won widespread approval as the quietest delay system for initiating blasts. - Following shall be consideredto minimize environmental impact on air quality: 9 The direction of the prevailingwinds and the placementof the stockpile on the site should be considered during the planning stage. Trees should be planted for windbreaks or topography andlor embankments utilized, to shield stockpiles and working areas from prevailing winds. As conveyors and transfer points can be major sources of dust, enclosures, mist sprays, or approved dust extraction equipment may be required. Drop distance LTEC In assocratronwrth SD&XP Consultants Group Page 14 of 23 Mar.09 Ministry ofPublic Works and Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibiliv Shtdy Nations/ RoadlB between discharge point and top of the stockpile should be kept to a minimum. > The speed of vehicles is an important factor in the generation of dust. The speed of vehicles on site may need to be restricted. In addition, where transport routes are along unsealed roads, it may b,e advisable to slow down in the vicinity of residents along these routes. > Stockpiles and roads can be sprayed with chemicals such as magnesium chloride to produce an impermeable layer, which reduces dust development. Alternatively, regular spraying with water can also be used to suppress dust. Waste oil must not be used as a dust suppressant. > The nature of the material being transported and its potential to emit dust should be considered in the loading of trucks. Generally,the highest point of the load should not exceed the height of the tray walls, unless the load is covered. Environmental factors play a large role in the nature of air pollution and dust emissions. Extra care should therefore be taken at times of high wind speed, or during other adverse weather conditions, to minimize dust emissions. Decreased vehicle speeds, increased watering of roads and stockpiles and reduction of the amount of product transported per load, may be appropriate in adverse weather conditions. - Visual impact shall be minimized through: > Natural vegetation is a valuable resource that should be employed for screening purposes. Vegetation may needlessly be destroyed by brief activities with heavy machinery at the pit boundary. Clearing should be kept to the minimum absolutely necessary for efficient operations. Planting of vegetation will also provide additional screening. > Quarry faces should be screened from frequently used roads and commonly visited vantage points. Existing topographic features may be utilized as effective screens and any landscaping undertaken should be designed to be visually compatible with the surrounding natural landscape. Where practical, working faces should be oriented away from vantage points and neighbors and the direction of working should be carefully chosen so that that the working face is hidden from the most critical view. Where possible, uppermost benches should be worked out and rehabilitated as soon as possible. > New premises should not be opened adjacent to roads frequently used by the public, unless adequately screened by topography andlor vegetation. Access tracks should be aligned to avoid continuous line of sight from vantage points. LTEC in association with SD&XP Consultants Group Page 15 of23 Mar.09 Ministry of Public Worksand Transport Frnal Report Lao Transport Sector Project(LTSP) Environmenr Biding Document Feasrbili@Study Natronol RoadlB k All exterior surfaces of buildings and fixed plants should be designed to blend in with the environment. 5. Disposal of Construction and Vehicle Waste The Contractor shall establish and enforce daily site clean-up procedures, including maintenance of adequate disposal facilities for construction debris Debris generated due to the dismantling of the existing structures shall be suitably reused, to the extent feasible, in the proposed construction (e.g. as fill materials for embankments). The disposal of remaining debris shall be carried out only at sites identified and approved by the Project Engineer. The contractor should ensure that these sites (a) are not located within designated forest areas; (b) do not impact natural drainage courses; and (c) do not impact endangeredlrare flora. Under no circumstances shall the contractor dispose of any material in environmentally sensitive areas. In the event any debris or silt from the sites is deposited on adjacent land, the Contractor shall immediately remove such, debris or silt and restore the affected area to its original state to the satisfaction of the ET. All arrangements for transportation during construction including provision, maintenance, dismantling and clearing debris, where necessary, will be considered incidental to the work and should be planned and implemented by the contractor as approved and directed by the Engineer. 6. Safety during Construction The Contractor's responsibilities include the protection of every person and nearby property from construction accidents. The Contractor shall be responsible for complying with all national and local safety requirements and any other measures necessary to avoid accidents, including the following: - Carefully and clearly mark pedestrian-safe access routes; - If school children are in the vicinity, include traffic safety personnel to direct traffic during school hours; - Maintain supply of supplies for traffic signs (including paint, easel, sign material, etc.), road marking, and guard rails to maintain pedestrian safety during construction; - Conduct safety training for construction workers prior to beginning work; - Provide personal protective equipment and clothing (goggles, gloves, respirators, dust masks, hard hats, steel-toed and -shacked boots, etc.,) for construction workers and enforce their use; - Post Material Safety Data Sheets for each chemical present on the worksite; LTEC in association with SDBXP Consultants Group Page 16 of 23 Mar.09 Ministry of Public Worksand Transport Final Report Lao TransportSector Project(LTSP) Environment Biding Document Feasibili@ Study National RoadlB - Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the risks to them and their partners, especially when pregnant or planning to start a family. Encourage workers to share the information with their physicians, when relevant; - Ensure that the removal of asbestos-containing materials or other toxic substances be performed and disposed of by specially trained workers; - During heavy rains or emergencies of any kind, suspend all work. - Brace electrical and mechanical equipment to withstand seismic events during the construction. 7. Nuisance and Dust Control To control nuisance and dust the Contractor should: - Maintain all construction-related traffic at or below 15 mph on streets within 200 m of the site; - Maintain all on-site vehicle speeds at or below 10 mph - To the extent possible, maintain noise levels associated with all machinery and equipment at or below 90 db. - In sensitive areas (including residential neighborhoods, hospitals, rest homes, etc.) more strict measures may need to be implemented to prevent undesirable noise levels. - Minimize production of dust and particulate materials at all times, to avoid impacts on surrounding families and businesses, and especially to vulnerable people (children, elders). - Phase removal of vegetation to prevent large areas from becoming exposed to wind. - Place dust screens around construction areas, paying particular attention to areas close to housing, commercial areas, and recreational areas. - Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material. - Apply proper measures to minimize disruptions from vibration or noise coming from construction activities. LTEC in association with SD&XP Consultants Group Page 17 of23 Mar.09 Ministry of Public Worksand Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibilitv Studv National RoadlB 8. Demolition of Existing Infrastructure The Contractor shall implement adequate measures during demolition of existing infrastructure to protect workers and public from falling debris and flying objects. Among these measures, the Contractor shall: - Set aside a designated and restricted waste drop or discharge zones, andlor a chute for safe movement of wastes from upper to lower levels - Conduct sawing, cutting, grinding, sanding, chipping or - chiseling with proper guards and anchoring as applicable - Maintain clear traffic ways to avoid driving of heavy equipment over loose scrap - Use of temporary fall protection measures in scaffolds and out edges of elevated work surfaces, such as hand rails and toe boards to prevent materials from being dislodged - Evacuate all work areas during blasting operations, and use blast mats or other means of deflection to minimize fly rock or ejection of demolition debris if work is conducted in proxirr~ityto people or structures - Provide all workers with safety glasses with side shields, face shields, hard hats, and safety shoes 9. Community Relations To enhance adequate community relations the Contractor shall: - Inform the population about construction and work schedules, interruption of services, traffic detour routes and provisional bus routes, blasting and demolition, as appropriate. - Limit construction activities at night. When necessary ensure that night work is carefully scheduled and the community is properly informed so they can take necessary measures. - At least five days in advance of any service interruption (including water, electricity, bus routes) the community must be advised through postings at the project site, at bus stops, and in affected homeslbusinesses. A separate Community Relation Plan for the Project has been prepare by the Employer. Contractor is to be carefully study and strictly follow. LTEC in association with SD&XP ConsultantsGroup Page 18 of 23 Mar.09 Ministry of Public Works and Transport Final Report Lao Transport Sector Projecl(LTSP) Environment Biding Document Feasibilily Study NafionalRoadlB 10. Physical Cultural Property Chance-finds Procedures If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards andlor individual graves during excavation or construction, the Contractor shall: - Stop the construction activities in the area of the chance find; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the National Culture Administration take over; - Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Culture Department of Province immediately (within 24 hours or less); - Responsible local authorities and the Culture Department of Province would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archeologists of National Culture Administration. The significance and importance of .the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; - Decisions on how to handle the finding shall be taken by the responsible authorities and Culture Department of Province. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage; - Implementation for the authority decision concerning the management of the finding shall be communicated inwriting by relevant local authorities; and - Construction work could resume only after permission is given from the responsible local authorities or Culture Department of Province concerning safeguard of the heritage. II HazardousMaterials If the construction site is expected to have or suspected of having hazardous materials (asbestos containing materials in debris from demolished buildings) the Contractor will be required to prepare a Hazardous Waste Management Plan. To be approved by the Project Engineer. The plan should be made available to all persons involved in operations and transport activities. Removal and disposal of existing LTEC m association with SD&XP Consultanrs Group Page 19 of23 Mar.09 Ministry of Public Worksand Transporl Final Report Lao TransportSector Project(LTSP) Environment Biding Document Feasibiliy Study National RmdlB hazardous wastes in project sites should 01-~lybe performed by specially trained personnel following national or provincial requirements, or internationally recognized procedures 12. Health Services, HIVIAIDS Education The Contractor shall provide basic first aid services to the workers as well as emergency facilities for emergencies for work related accidents including as medical equipment suitable for the personnel, type of operation, and the degree of treatment likely to be required prior to transportation to hospital. The Contractor shall be responsible for implementing a program for the detection screening of sexually transmitted diseases, especially with regard to HIVIAIDS, amongst laborers is actually carried out. The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor's Personnel. In collaboration with local health authorities, the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor's and Employer's Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics. The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the Works, .the Contractor shall provide whatever is required by this person to exercise this responsibility and authority. The Contractor shall send, to the Engineer, details of any accident as soon as practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Engineer may reasonably require. HIV-AIDS Prevention. The Contractor shall conduct an HIV-AIDS awareness programme via an approved service provider, and shall undertake such other measures as are specified in this Contract to reduce the risk of the transfer of the HIV virus between and among the Contractor's Personnel and the local community, to promote early diagnosis and to assist affected individuals. The Contractor shall throughout the contract (including the Defects Notification Period): (i) conduct Information, Education and Consultation Communication (IEC) campaigns, at least every other month, addressed to all the Site staff and labor (including all the Contractor's employees, all Sub-contractors and Consultants' employees, and all truck drivers and crew makiug deliveries to Site for construction activities) and to the immediate local communities, concerning the risks, dangers and impact, and appropriate avoidance behavior with respect to of Sexually LTEC in assoc~at~onwith S D H P ConsultantsGroup Page 20 of 23 Mar.09 Ministiy of Public Worksand Transport Final Report Lao Transport Sector Pro/ect(LTSP) Environment Biding Document Feasibiliv Study N a t r o ~RoadlB l Transmitted Diseases (STD)-or Sexually Transmitted Infections (STI) in general and HIVIAIDS in particular; (ii) provide male or female condoms for all Site staff and labor as appropriate; and (iii) provide for ST1 and HIVIAIDS screening, diagnosis, counseling and referral to a dedicated national ST1 and HIVIAIDS program, (unless otherwise agreed) of all Site staff and labor. The Contractor shall include in the program to be submitted for the execution of the Works as an alleviation program for Site staff and labour and their families in respect of Sexually Transmitted lnfections (STI) and Sexually Transmitted Diseases (STD) including HIVIAIDS. The STI, STD and HIVIAIDS alleviation program shall indicate when, how and at what cost the Contractor plans to satisfy the requirements of this Sub-clause and the related specification. For,each component, the program shall detail the resources to be provided or utilized and any related sub-contracting 'proposed. The program shall also include provision of a detailed cost estimate with supporting documentation. Payment to the Contractor for preparation and implementation this program shall not exceed the Provisional Sum dedicated for this purpose. The Contractor shall include in his proposal the outline of a Health Plan. The Project Engineer will issue a certificate of compliance to the Contractor prior to the initiation of Construction. 13. EnvironmentalEmergency Procedures Environmental emergency procedures relate primarily to the event of accidental leaks, spills or emissions. Evehts related to adverse weather conditions shall be addressed through the Project Activity Safety Plan (PASP) as part of the Contractor's Safety Plan, which shall be submitted to the PEO and ESD before commencement of project construction works. The Safety Plan shall be reviewed on regular basis and updated if necessary. The PASP shall include procedures on prevention of slope slidelsoil erosion during rainfall season. In the event that accidental leakage or spillage of diesellchemicalslchemical wastes takes place, the following response procedures shall be followed immediately by the Contractor: The person who has identified the leakagelspillage shall immediately check if anyone is injured and shall then inform the Contractor, ET and PEO; The Contractor shall ensure any injured persons are treated and assess what has spilledlleaked; Should the accidentslincidents generate serious environmental pollution or in the option of PEO, has the potential of resulting in serious environmental pollution problems (e.g spillagelleakage of toxic or chemicals, large scale spillagelleakage, or spillagelleakage into the nearby water bodies which are used for irrigationlportable water), the ET immediate inform PEO; LTEC in association with SD&XP Consultants Group Page 21 of23 Mar.09 Ministry of Public Worband Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibiliry Study National RoadlB In such cases, the Contractor shall take immediate action to stop the spillage1 leakage and divert the spilled I leaked liquid to nearby non- sensitive areas; The Contractor shall arrange maintenance staff with appropriate protective clothing to clean up the chernicals/chemical waste. This may be achieved through soaking with sawdust (if the quantity of spillagelleakage is small), or sand bags (if the quantity is large); andlor using a shovel to remove the topsoil (if the spillagelleakage occurs on bare ground); and Depending on the nature and extent of the chemical spill, evacuation of the activity site may be necessary. Upgrading is not expecting to use any major chemical. In case of the spilled chemicals must not be flushed to local surface drainage systems. Instead, sawdust or sandbags used for clean-up and removed contaminated soil shall be disposed of by following the procedures for chemical waste handling and disposal already described. The possibility exists for environmental emergencies of an unforeseen nature to occur during the course of the construction and operational phases of the project. By definition, the nature of such emergencies cannot be known. Therefore, the Contractor shall respond on a case-by-case basis to such emergencies and shall initiate event-specific measures in terms of notifications and reactions. The Contractor shall prepare a report on the incident detailing the accident, clean-up actions taken, any pollution problems and suggested measures to prevent similar accidents from happening again in future. The incident report shall then be submitted to the PEO and ESD for review and keep in the records. The incident report shall also be submitted to EPB, if required. 14. Environmental Training and Awareness Each Contractor should ensure that all concerned staff area ware of the relevant environmental requirements as stipulated in local environmental legislation and the Contract specifications. To achieve this, they should distribute to the key staff, including newly joined key staff members, which should include but not be limited to the following: - Contractor's Environmental Policy and Plan; - Copies of the relevant extracts from the environmental documents The Contractor is responsible for providing appropriate training to all staff. This should be tailored to suit their level of responsibility for environmental matters. The Contractor should also ensure that all site staff members are aware of the emergency response procedures. All staff should receive environmental induction LTEC m assocration w ~ t hSD&XP Consultanls Group Page 22 of 23 Mar.09 Minisfly of Public Worksand Transport Final Report Lao Transport Sector Project(LTSP) Environment Biding Document Feasibilifv Studv hrafiomlRoadlB training and managerial staff sho~.~ldreceive additional training. The training materials should be reviewed by the ET and SI-~bmittedto the PEO and ESD for approval. Additional refresher training may be provided and this should be scheduled following periodic internal review of requirenients for the Project activity concerned. Records should be maintainedfor staff environmentaltraining and submitted to the PEO and ESD upon request. Records should be kept on site where possible for each project activity for easy access during site audits or enquiries. Environmental training records (e.g. attendance records for environmental awareness training, topics covered) should be kept. 15. Environmental Supervision during Construction The project Environmental Office together with Project Engineer will supervise compliance with these specifications. Major non-compliance by the Contractor will be cause for suspension of works and other penalties until the non-compliance has been resolved to the satisfaction of the Project Engineer. Contractors are also required to comply with national and municipal regulations governing the environment, public health and safety. LTEC in association with SDBrXP Consultants Group Page 23 of 23 Mar.09 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B; Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACT FORMS SECTION IX ANNEX TO THE PARTICULAR CONDITIONS - CONTRACT FORMS LTEC in association with SD & XP Consultants Group. Page 1113 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B; Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS, December, 2008 CONTRACT FORMS Section IX. Annex to the Particular Conditions - Contract Forms Table of Forms Notification of Award Contract Agreement Performance Security Advance Payment Security Retention Money Security LTEC in association with SD & XP Consultants Group. Page 2113 Lao Transport Sector Project (LTSP) SECTION IX Conditionsof Contract National Road.lB; Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULARCONDITIONS December,2008 CONTRACT FORMS Notification of Award [letterhead paper of the Employer] [date] To: [name and address of the Contractor] This is to notify you that your Bid dated [date] for execution of the [name of the Contract and identljication number, as given in the Contract Data] for the Accepted Contract Amount of the equivalent of [amount in numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to Bidders, is hereby accepted by our Agency. You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose one of the Performance Security Forms included in Section D(,Annex to the Particular Conditions - Contract Forms, of the Bidding Document Authorized Signature: Name and Title of Signatory: Name of Agency: Attachment: Contract Agreement LTEC in associationwith SD & XP Consultants Group. Page 3/13 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B;Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December,2008 CONTRACT FORMS Contract Agreement THIS AGREEMENT made the day of 9 -7 between of (hereinafter "the Employer"), of the one part, and of (hereinafter "the Contractor"), of the other part: WHEREAS the Employer desires that the Works known as should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein, . The Employer and the Contractor agree as follows: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents. (i) the Letter of Acceptance (ii) the Letter of Bid (iii) the addenda Nos (if any) (iv) the Particular Conditions (v) the General Conditions; (vi) the Specification (vii) the Drawings; and (viii) the completed Schedules, (ix) Contractors' Obligations to Annexes are as following: Environmental Alignment Sheet (Annex: 1-2) Preliminary Environment Sheet (Annex: 2-2) Environment Didding Document (Annex: 3-2) Community Relation Plan (Annex: 4-2) 3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of . the Contract. LTEC in association with SD & XP Consultants Group: Page 4113 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B;Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACT FORMS 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of on the day, month and year indicated above. Signed by (for the Employer) Signed by (for the Contractor) LTEC in association with SD & XP Consultants Group. Page 5/13 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B;Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACT FORMS Option 2: Performance Bond By this Bond as Principal (hereinafter called "the Contractor") and 1 as Surety (hereinafter called "the Surety"), are held and firmly bound unto' as Obligee (hereinafter called "the Employer-") in the amount of ,for the payment of which sum well and truly to be made in-thetypes and proportions of currencies in which the Contract Price is payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Contractor has entered into a written Agreement with the Employer.dated the day of , 2 0 for in accordance with the documents, plans, specifications, and amendments thereto, which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract. NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall promptly and faithfully perform the said Contract (including any amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full force and effect. Whenever the Contractor shall be, and declared by the Employer to be, in default under the Contract, the Employer having performed the Employer's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) complete the Contract in accordance with its terms and conditions; or obtain a Bid or bids from qualified Bidders for submission to the Employer for (2) completing the Contract in accordance with its terms and conditions, and upon determination by the Employer and the Surety of the lowest responsive Bidder, arrange for a Contract between such Bidder and Employer and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient h n d s to pay the cost of completion less the Balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "Balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Employer to Contractor under the Contract, less the amount properly paid by Employer to Contractor; or (3) pay the Employer the amount required by Employer to complete the Contract in accordance with its terms and conditions up to a total not exceeding the amount of this Bond. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. LTEC in association with SD & XP Consultants Group. Page 8/13 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B;Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACTFORMS Any suit under this Bond must be instituted before the expiration of one year fkom the date of the issuing of the Taking-Over Certificate. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Employer named herein or the heirs, executors, administrators, successors, and assigns of the Employer. In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the Surety has caused these presents to be sealed with his corporate seal duly attested by the signature of his legal representative, this day of 20 -. SIGNED ON on behalf of BY in the capacity of In the presence of SIGNED ON on behalf of BY in the capacity of In the presence of LTEC in association with SD & XP Consultants Group. ' Page 9113 Lao Transport Sector Project (LTSP) SECTIONIX Conditionsof Contract National Road IB; Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December,2008 CONTRACT FORMS Advance Payment Security Demand Guarantee [Bank S Name, and Address of Issuing Branch or Oflce] Beneficiary: [Name and Address of Employer] Date: ADVANCE PAYMENT GUARANTEE No.: We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into Contract NO. [reference number of the contract] dated with you, for the execution of [name of contract and briefdescription of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [amount injigures] ( ) [amount in words] is to be made against an advance payment guarantee. At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount injigures] ( ) [amount in words]' upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works. It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number at [name and address of Bank]. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the day of , 2-,2 whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.. ' The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible ' currency acceptable to the Employer. Insert the expected expiration date of the Timefor Completion. The Employer should note that in the event of an extension of the timefor completion of the Contract, the Employer would need to request an extension LTEC in association with SD & XP Consultants Group. Page 10113 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B; Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACT FORMS This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458. Note: All italicized text (includingfootnotes) isfor use in preparing thisform and shall be deletedfrom thefinal product. ofthis guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding thefollowing text to theform, at the end ofthe penultimate paragraph: "The Guarantor agrees to a one-time extension ofthis guaranteefor a period not to exceed [sir months][one year], in response to the Employer's written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee." LTEC in association with SD & XP Consultants Group. Page 11/13 Lao Transport SectorProject (LTSP) SECTION IX Conditionsof Contract National Road 1B;Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACT FORMS Retention Money Security Demand Guarantee [Bank S Name,'and Address of Issuing Branch or Ofice] Beneficiary: [Name and Address of Employer] Date: RETENTION MONEY GUARANTEE No.: We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into Contract NO. [reference number of the contract] dated with you, for the execution of [name of contract and briefdescription of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, when the Taking-Over Certificate has been issued for the Works and the first half of the Retention Money has been certified for payment, payment of [insert the second half of the Retention Money or $the amount guaranteed under the Performance Guarantee when the Taking-Over Certijicate is issued is less than half of the Retention Money, the difference between half of the Retention Money and the amount guaranteed under the Performance Security] is to be made against a Retention Money guarantee. At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amounr in jigures] ( ) [amount in words]' upon receipt by US of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works. It is a condition for any claim and payment under this guarantee to be made that the payment of the second half of the Retention Money referred to above must have been received by the Contractor on its account number at [name and address of Bank]. This guarantee shall expire, at the latest, 21 days after the date when the Employer has received a copy of the Performance Certificate issued by the Engineer. Consequently, any ' The Guarantor shall inserr an amount representing the amount of the second halfof the Retention Money or or ifthe amount guaranteed under the Performance Guarantee when the Taking-Over Certijicate is issued is less than halfof the Retention Money, the difference between halfof he Retention Money and the amount guaranteed under the Performance Security and denominated either in the currencyfies) of the second half of the Retenlion Money as specijied in the Contract, or in a freely convertible currency acceptable to the Employer. LTEC in association with SD & XP Consultants Group. Page 12/13 Lao Transport Sector Project (LTSP) SECTION IX Conditions of Contract National Road 1B; Pak Nam Noy-BanYo, ANNEX TO THE and Contract forms Phongsaly Province PARTICULAR CONDITIONS December, 2008 CONTRACT FORMS demand for payment under this guarantee must be received by us at this office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458. Note: All italicized text (including footnotes) isfor use in preparing thisform and shall be deletedfrom thefinal product. LTEC in association with SD & XP Consultants Group. Page 13/13