SFG3601 V2 RESETTLEMENT ACTION PLAN MICRO-PROJECT: Reconstruction of Agarakadzor Drinking Water Distribution Network, DRR construction MICRO-PROJECT CODE: TVZ - 05 Contents SUMMARY ................................................................................................................................................. 2 THE SCOPE OF MICRO-PROJECT................................................................................................................ 2 RATIONALE FOR THE USAGE OF PRIVATE LAND ....................................................................................... 2 ANTICIPATED IMPACTS OF THE MICRO PROJECT ON PRIVATE LANDS ..................................................... 3 DESCRIPTION OF PROJECT AFFECTED FAMILY .......................................................................................... 4 GUIDELINE FOR IMPLEMENTATION (Table 3) ........................................................................................... 6 GUIDELINE FOR MONITORING (Table 4) ................................................................................................... 7 ANNEX 1: GENERAL ROUTE OF THE PIPELINE ........................................................................................... 9 ANNEX 2. PHOTOS OF THE AREA WHERE PRIVATE LAND USE IS ANTICIPATED ..................................... 10 ANNEX 3. CERTIFICATE OF OWNERSHIP ................................................................................................. 11 ANNEX 5: CONTRACT ON VOLUNTARY SERVITUDE OF THE REAL ESTATE .............................................. 12 ANNEX 6: MINUTES OF PUBLIC CONSULTATION MEETING ON ESMP AND RAP .................................... 15 SUMMARY The purpose of the following document is to provide general guidelines of adequate and efficient actions for the “Reconstruction of Agarakadzor Drinking Water Distribution Network, DRR construction” Micro-project (TVZ - 05) implemented within the framework of Social Investment and Local Development Project (SILD) to address, minimize and mitigate adverse impacts of private land use during construction works of pipeline. THE SCOPE OF MICRO-PROJECT The water is supplied to Agarakadzor Community through 2 captations which start from the spring named “Gravi Dzor. The water consumption is about 30 l / sec. The waterworks were built in 1985. dy = 200 mm, steel pipes long 4,0 km are in satisfactory condition. In the same year, the capitation was built which was renovated in 2016. Water was supplied for 250 c.m.(cubic meter) and the capacity of the distribution network of DRR was 150 c.m. per second. Since the DRR is damaged, the water is supplied directly to the distribution network. The distribution network is about 10 km. In 2007 it was restored, the pipes were replaced with polyethylene. A reservoir with 300 cubic meters is envisaged to build (DRR) in the same area where the old one exists. Construction of new management nodes is envisaged in the area of DRR with their technological tubes and valves. A bypass water pipe is being constructed for DRR cleaning in case of necessity. Installation of disinfection equipment is envisaged near the DRR. Construction of a sanitary protection zone, a fence with metal frames, gate and reconstruction of the existing part are envisaged. Reconstruction of parts of the distribution network is envisaged by project. Valve wells are envisaged for water management. RATIONALE FOR THE USAGE OF PRIVATE LAND The main purpose of construction of water supply pipelines is to connect new constructed DRR to the main distribution network to be constructed in the Community. The distribution network pipeline will start its route from the top of mountain and go down to the community. Generally the pipeline will pass through the communal lands, particularly through communal roads. There is only one part where the pipelines will pass through a private land. The old route of potable water supply pipeline also passes through this private land. There is possibility to avoid the private land, however in this case two households (including the one owning the private land) will not have access to water supply system. On the other hand avoiding this private land will make bypassing route longer and it will pass through rocky and difficult landscape at the middle part of the hill. The households requested not to change the route of pipeline to have access to water supply system. The pipeline crossing the private land will be 6 meters. The landowner has documented Certificate of Ownership. The land is not fenced and is not cultivated. 2 ANTICIPATED IMPACTS OF THE MICRO PROJECT ON PRIVATE LANDS Under the Micro-project activities small-scale temporary land use is anticipated, which refer to only one private land owner. Temporarily usage of this private land is on voluntary basis. The landowner personally requested not to change the route of pipeline as bypassing route will limit his and his neighboring household’s access to new constructed water supply system. The land plot is located at south-western part of the community in the administrative territory of the Community. The pipeline crossing the private land will be 6 meters through grassland and 12 meters through private road in front of the house. The land plot is not fenced. No residential houses, structures, trees or other assets currently exist on the part of land plot to be temporary used (Annex 2). The landowner has documented Certificate of Ownership (Annex 3). At present, no third parties have claim of rights or established servitude amongst the land plots. The land plot is used by the owner as grasslands1. Total affected area is calculated using the following methodology: The width of excavated groove is defined on average as 0.7 meter; the width of covered area of excavated soil as well as the width of area for construction activities and materials next to the grooves is defined as 0.9 meter. Thus, the width of total affected area on average is defined as 1.6 meter2. This estimate refers to the cases that involve works implemented only by hand and no special vehicles are used for the construction. The diameter of pipelines to be constructed is dy=100mm. Documenta Total Essence of Surface Actual Essence Name of tions surface structures, of % of total Usage of Essence landowner of the area of the trees or affected land plot the Land of fence ownership land plot other assets area No structures, Total trees or other Surface=1000 =12*1.6 assets exist on square meter Certificate m=19.2 the land to be affected land Private Grassland, of Not m. 2900 m2 temporary plot=19.2+9.6 Land owner pasture ownership is fenced =6m*1,6 used for =28.8square available m pipeline meter =2.88 =9.6 m2 construction % of total land Table 1: Details of private land As defined in Resettlement Policy Framework (RPF) resettlement effect includes the loss of crops and incomes, in addition to physical relocation. A resettlement effect is significant when more than 200 people are physically displaced and/or 10% or more of their productive assets are lost. A resettlement effect is considered "minor" if fewer than 200 people are displaced and less than 10% of their productive assets are lost: As shown on the Table 1, the average affected part of land plot is 28.8m2 which is 2.88% of 1 The landowner uses the land to grow grass, which is reaped and collected during harvest season 2 The defined numbers are consulted with specialists from Design Company ''Jrtuq'' LLC 3 total land plot. Thus, in terms of resettlement effect, this case can be classified as “minor”. Table 2 involves estimates of private landowners’ loss based on the lands average productivity data provided by Armenian Statistical Agency. This estimation takes into account that the construction works at private land plots will be implemented during one agricultural season. Actual usage Surface of Average Name of Total loss of Period of of the land affected productivity of landowner products Construction works plots area land3 Grassland, 1 agricultural Land owner 9.6 m2 0.0364kg/ m2 1.86 kg grass pasture season/sprig-autumn Table 2: Valuation of loss The remaining areas stay viable for continued use as the construction works will not damage the quality of soil and integrity of the rest of the land. The land plot is not feasible to carry any agricultural machinery, which means disruption for special agricultural vehicles is not anticipated. DESCRIPTION OF PROJECT AFFECTED FAMILY The affected family is middle-income family generaly based on land cultivation and livestock breeding activities. No special type of vulnerability is defined for the family members. Family members do not get any state or other assistance. The household involve 7 members out of them 2 are kids. Land owner is a Communal Council Member. His two sons living in the family do not have long-term job and generally are involved in short-term occasional activities. Two other members of family - wife and daughter-in-low are housewives. CONSULTATION MEETING WITH THE PROEJCT AFFECTED FAMILY Consultation meeting with Project affected household members was held at Agarakadzor Community on 15.08.2016. The consultation meeting was carried out by ATDF Social Specialist Sonya Msryan. All Project affected household members were present during the consultation meeting. The Head of Community Mr. Martirosyan was also present during the meeting. The following key issues were identified and discussed during the consultations meeting: a) S. Msryan presented the national legal framework and World Bank policy regulating resettlement in the Republic of Armenia. The specialist described what strategy and principles are applied in case private land use is to be undertaken during the Micro- Project implementation. b) S. Msryan overviewed RPF explaining how it defines private land use and specified that the landowners should be fully informed regarding to proposed activities on their lands and its impacts and they are free to exercise their will not to permit use of their lands. S. 3 The productivity of land plots is calculated based on “Agricultural cultivation total la nds and Gross Harvest for 2014”, Armenian Statistical Agency 4 Msryan explained that in such cases preparing and appraising a resettlement action plan is needed. c) The landowner confirmed that they are aware that refusal is an option; however they wish to allow usage of their private lands as they realize that the public, as well as their family, will benefit from the implementation of Micro-Project. d) The landowners confirmed that they allow using their lands not expecting any compensation as they explained that anticipated impacts of construction works will be not significant for them. e) S. Msryan explained, that special agreement should be signed between private landowners and Head of Community Administrative Office where land use related information will be fixed and signed. S. Msryan outlined that the form of the agreement will be prepared by ATDF Lawyer, in any case they are free to make changes on the template. f) S. Msryan explained public engagement and consultations procedure, as well as grievance redress mechanisms to the Project affected household. g) The landowner requested to restore the construction site as it was before the MP. S. Msryan emphasized that that is the key part of ESMP and RAP and pre-project conditions will be restored. The following key actions were agreed a) ATDF will provide form of agreement which will be signed by private landowners and Head of Community b) Community Administrative Office, as well as ATDF social specialist will monitor the correspondence of construction works to the design and accordance to the identified affected sizes on RAP, c) No special machinery, vehicles and explosion works will be carried out at private lands, d) The natural relief and landscape will be recovered after construction works, as well as backfilling of grooves with fruitful soil in private lands will be carried out. 5 GUIDELINE FOR IMPLEMENTATION (Table 3) Implementing entity Muncipality of Agarakadzor Monitor Constractor N Impact Mitigation measures Whom it refers When/where mechanizms ATDF Other Local Informing private landowner on proposed activities During consultation meeting on Table 4 1 and its impacts, sharing and informing on GRM All affected PAPs ESMP and RAP v v 1.1, 1.2, 1.3 mechanisms Signing Contract on Voluntary Servitude of the Real After consultation meeting Table 4 2 Estate between private landowner and Local All affected PAPs with PAPs, at Agarakadzor v 1.4 Municipality of Agarakadzor Community Implementation of construction works on private Fractions of private During construction works, Table 4 3 lands by hand land plots affected by Agarakadzor Community v 1.5 Micro-project 4 Removal of construction materials and waste from Fractions of private During construction works, Table 4 the private land plots land plots affected by v Agarakadzor Community 1.5 Micro-project Fractions of private During construction works, Table 4 5 Restoration of pre-project conditions land plots affected by Agarakadzor Community v 2.1-2.5 Micro-project After construction activities Table 4 6 Development of Completion report ATDF are completed v 2.1-2.5 6 GUIDELINE FOR MONITORING (Table 4) Activity What Where How When Why Who (Is the parameter (Is the (Is the (Define the (Is the parameter being (Is to be monitored?) parameter parameter to be frequency / monitored?) responsible to be monitored?) or for monitored? continuous monitoring ) ?) ?) 1. RRE-CONSTRUCTION PHASE Public 1.1 Informing private Provided information to Consultation Ensure that the owner has Agarakadzor Minutes of public landowners on proposed private owners meeting of complete information regarding the ATDF Community consultation meeting activities and its impacts Feedbacks of landowner ESMP and proposed activity and its impacts RAP Provided information to Public Ensure that the stakeholders have ATDF 1.2 Ensure sharing and private owners Minutes of public Consultation Agarakadzor complete information on GRM Focal Point of informing local stakeholders Feedbacks of landowners consultation meeting meeting of Community mechanisms and channels of Grievances at on GRM mechanism Essence of information Photo of poster ESMP and grievance submit ion Local Level poster on public places RAP 1.3 Signing Contract on Voluntary Servitude of the Signed agreement Before the Signed agreements between Head Scan of the Real Estate between private between private Agarakadzor start of of Community and private agreement submitted ATDF landowner and Local landowners and Local Community construction landowner will ensure protection to ATDF Municipality of Municipality works of landowner’s rights Agarakadzor 2.CONSTRUCTION PHASE 2.1 Implementation of Absence of construction Private Land Visual inspection Unannounced Ensure that the affected areas ATDF, construction works on vehicles and machinery Plot checks during correspond to the defined area Agarakadzor private land by hand from the land plots construction Reduce significant impacts on the Community works on private land Administrative private land Office plots PAPs Unannounced ATDF, Absence of construction 2.2 Removal of construction checks during Municipality materials and waste from Avoid soil pollution materials and waste from Private land the working of the the private lands, if not Visual Inspection Free land plot as soon as possible the private land plot plot hours on Agarakadzor needed; Reduce traffic disruption private land Community plots PAPs 7 Absence of deviations Inspections ATDF, 2.3 Accordance of the from the design during Municipality construction interventions to Private land Mirco-project design construction Avoid unexpected impacts on of the the design and Land Use Accordance of plots Visual Inspection works on private land Agarakadzor Agreement interventions to private land Community predefined dimensions plots PAPs Immediate backfilling of soil once pipes are laid in trenches; No parking of Reduce damaging land plot quality ATDF, construction vehicles and Construction Entire period or existing harvest Municipality machinery outside work 2.4 Undertaking works site and nearly of construction Reduce disruption of movement of the village site the way impeding Visual inspection within the private lands area within the within private around the work site and enable of free passage of traffic private lands land plots landowner to undertaken their Agarakadzor and pedestrians; planned activities in the land plot PAPs No piling and no scattering of construction materials and waste outside the work site Ensure that the quality of land plot ATDF The external condition of After the Visual Inspection of did not suffered because of Municipality the affected parts of All affected reconstruction 2.5 Restoration of pre- affected parts of land construction works; of land; parts of private works are project conditions plot Ensure the viability of the affected Agarakadzor The quality of soil used land plot finished in the parts of the land plot Community for backfilling works private land PAPs 8 ANNEX 1: GENERAL ROUTE OF THE PIPELINE 9 ANNEX 2. PHOTOS OF THE AREA WHERE PRIVATE LAND USE IS ANTICIPATED 10 ANNEX 3. CERTIFICATE OF OWNERSHIP 11 ANNEX 5: CONTRACT ON VOLUNTARY SERVITUDE OF THE REAL ESTATE CONTRACT ON VOLUNTARY SERVITUDE OF THE REAL ESTATE (Place) (Date) Parties of the Contract Owner of the real estate □ Physical entity Name: ________________________ Surname: _____________________ Address: ___________________________________________________________ ID/ Passport data: ________________________________________________ (serial number, issue date, issuing authority) □ Republic of Armenia, represented by___________________________________________________ RoA __________________ marz(region)____________________community, represented by _________________________________________________________________________________________ □ Legal entity Name:__________________________________ Registration number:______________________ Address:_________________________________ Represented based on □a Charter □ a Power of Attorney by Name: ________________________ Surname: _____________________ Address: ___________________________________________________________ ID/ Passport data: ________________________________________________ (serial number, issue date, issuing authority) Covenantee RoA __________________marz (region)____________________community represented by _________________________________________________________________________________________ Subject of the Contract Being acknowledged of importance and advantages of the project to the community and to him/her personally, the Owner of the real estate, hereby, assigns and permits the Covenantee free of charge servitude rights over the property under his/her ownership, described by this Contract. Hereby, the Owner of the property agrees to restrain from any actions that may damage, blemish or deteriorate operation of the pipe(s), to be run through his/her property, such as construction, planting of trees and perennial plants. 12 The Covenantee shall be obliged to exercise servitude rights over the burdened property only within the limits and scope of the No _____ project to be implemented by the community. The Covenantee shall be obliged to take measures to restore the burdened property to pre-project level after completion of the project and to compensate additional damages, in case of such. The real estate to be burdened by servitude □ Land plot □ Structure/building □ Other Information (details) on the real estate □ Land plot_____________________ hectares □ Structure/building_______________________________________________________________ (dimensions, general description) Location/Address: _______________________________________________________________ The drawing of the real estate with identification of the part(s) to be burdened by servitude shall be attached to this Contract and constitute integral part of it. Purpose of Servitude □ Right of way □ Construction and/or maintenance of power cables/electrification lines □ Construction and/or maintenance of water supply pipelines □ Construction and/or maintenance of other utilities □ Other__________________________ The Covenantee is given servitude right free of charge. This Contract comes into effect on «___»___________20___ and is valid till the end of the project operation. Relations not covered by this Contract shall be regulated in accordance with the provisions of the RoA legislation. Signatures of the Parties The Owner of the real estate _____________________________ __________________________ (name) (signature) The Covenantee _____________________________ __________________________ (name) (signature) □ Co-owners of the real estate (if any) _____________________________ __________________________ (name) (signature) 13 This Contract is signed by the Parties in the presence of the representative of the State Committee of the Real Estate Cadastre under the Government of Armenia____________________________________ (territorial division)____________________________(name). The identities of the Parties to this Contract (and/or their representatives) are validated ___________________________________________ (date, signature) 14 ANNEX 6: MINUTES OF PUBLIC CONSULTATION MEETING ON ESMP AND RAP MINUTES Of Public Consultation Meeting on draft Environmental and Social Management Plan and Resettlement Action Plan for Reconstruction of Agarakadzor Drinking Water Distribution Network, DRR construction A stakeholder consultation meeting on the draft Environmental and Social Management Plan (ESMP) and Resettlement Action Plan for the Micro-project of the Reconstruction of Agarakadzor Drinking Water Distribution Network, DRR construction in Agarakadzor Community was held at Agarakadzor Community Administration Office, Vayoc Dzori Marz on 21 August, 2017. The announcement for the meeting in Armenian and English languages, including its date and time, was disclosed on the ATDF web page (www.atdf.am) on 14August, 2017. Information on the meeting day and time was posted on information boards of Agarakadzor Community Administration Office; in addition the Administration conducted telephone calls to ensure participants’ attendance. The public consultation was carried out by ATDF Environmental Specialist A. Osipova, ATDF Social Specialist Sonya Msryan. 21 participants were present at the meeting, among which 6 women (about 33%). Head of Community Ms. D.Martirosyan introduced the main purpose of the consultation, the key features of the Micro-project, including reconstruction of distribution network and construction of DRR. Ms. D.Martirosyan duly introduced the route of the distribution network. A. Osipova briefly introduced World Bank requirements and Armenian legislation on conducting environmental and social assessment and reasoned the need to develop ESMP for water supply reconstruction projects as in case of Khndzoresk Micro-project. A. Osipova described baseline environmental conditions and outlined likely negative environmental impacts related to the Micro-project implementation. She specified that no tree removal is intended, the site does not involve endemic species and plants, as well as subterranean networks. Physical-geological conditions are favorable for construction. The key environmental adverse impacts include pollution of air, generation of construction waste, disruption of natural landscape. She specified key environmental measures aimed at reduction of negative impacts and emphasized that natural relief and landscape will be recovered after construction works. A. Osipova explained what measures ATDF will apply to enhance effectiveness of construction waste management. A. Osipova outlined that technical supervisors on monthly basis will keep under control the fulfillment of all the environmental mitigation measures included in ESMP, and report the deviations to ATDF. S. Msryan presented the main provisions of the ESMF concerning to the social aspects of the Project. She explained that the distribution network will pass through the community roads which are public property 15 expect one part where temporary land use of private property is requested. For the other parts there are no structures or other assets along the route of the pipeline to be affected. The ground through which the route of the pipeline is passing will be totally recovered after the construction. To provide general guidelines of adequate and efficient actions to minimize the impacts on private land RAP is developed. S. Msryan explained that the new distribution pipeline will be constructed parallel to the old pipelines in order not to stop water supply of the community during the construction period. The old pipelines will remain in use during the construction period of new pipelines. S. Msryan introduced that temporary closure of the roads is not necessary as construction activities will be carried out at the border of the roads and main part of the road will be used for passing. As the construction activities will be carried out along the communal streets some temporary disturbance to residents may occur during the construction activities in front of the fences of private houses. Temporary safe wooden passings will be used to cover the trenches in front of the private houses. Backfilling of soil and rehabilitation of landscape will be carried out immediately pipes are laid in. S. Msryan explained mechanisms of public engagement and grievance redress mechanism (GRM) to be applied during project implementation. Elected grievance focal point at the community level Teni Stepanyan was introduced to the community members. S. Msryan explained the purpose of Focal points at local level and welcomed participants to apply to Teni in case of questions/feedback or grievances concerning to the project implementation. S. Msryan talked also about main socio-economic challenges including engagement of women, youth and vulnerable groups in distribution of benefits. She outlined that these groups should have equal opportunities to be engaged in project benefits. S. Msryan informed the beneficiaries that they also have the option to contact ATDF directly to communicate their grievance if they are unable to, or do not wish to, go through the PIC grievance focal point. S. Msryan explained all the cannels of grievance submission involving e-mail address, hot line telephone number, postal address and web-site link and outlined that ATDF contact information is reflected on the booklets delivered to the participants, as well as on the information desk to be posted in public visible places in the Community, including Community Administrative Office building. S. Msryan introduced that information on Micro-project details permanently will be available on the information desks, as well as on-going announcements and references. She outlined that these will support to raising public awareness and early identification, assessment and resolution of complaints on Project activities. The second part of consultation meeting included introduction and consultation on RAP S. Msryan introduced that the Microproject involves private land use and gave rationale for the usage of private land. The specialist described what strategy and principles are applied in case private land use is to be undertaken during the Micro-Project implementation according to Resettlement Policy Framework (RPF). The purpose and key provisions of Resettlement Policy Framework were introduced to the participants. S. Msryan introduced that RAP was developed according to RPF to address, minimize and mitigate adverse impacts of private land use and possible harvest damage during construction works of pipeline. She emphasized the measures to be implemented to minimize adverse impacts signing contract on voluntary servitude of the real estate, implementation of construction works on private lands by hand, removal of construction materials and waste from the private land plots, restoration of pre-project 16 conditions. S. Msryan welcomed participants to provide their opinion on what other measures they think will be adequate to be carried out to mitigate adverse impacts. The participant including private land owner Mr. Karapetyan outlined that they think the mentioned measures are adequate and sufficient and no further activities are needed on the case. A. Osipova and S. Msryan welcomed the participants to introduce what other impacts they are anticipating to happen during the construction of the pipeline. The following concerns were raised by the participants: Question: There are some parts of the road which are covered with pebbles. Will the constructor recover the pebbly covers after construction activities are completed? A. Osipova: The previous landscape will be totally recovered after the construction activities are completed. If there are some parts of pavements, asphalt or other covers in front of the fences they will be totally recovered. Question: Will be have inconveniences regarding the water supply during the construction period? A.Osipova: The new pipeline will be constructed parallel to the old one thus the water supply will be implemented during the construction period. However, there might be water supply cuttings for several hours in some parts of the community. We encourage the Community Administration Office to properly notify the population on the cuttings in order to be ready for that. Head of Community: We ensure that people will be informed about the cuttings in case it is anticipated. Question: There will be also trouble for parking the cars when trenches are excavated. Wooden passings will enable crossing for pedestrian but for people having cars there will be inconveniences. S. Msryan: The constructor is obliged to carry out immediate backfilling of the trenches once the pipelines are laid in and that will enable to escape inconveniences regarding pedestrian and machinery traffic. In average construction activities in front of one fence will last nearly one day. Monitoring in monthly basis will follow this requirement to be in place, but in case the residents feel uncomfortable because of long delays of backfilling they may apply GRM and the question will be solved as soon as possible. S. Msryan asked the participants whether they anticipate blocking of access of gardens in front of the houses for agricultural machinery during the agricultural period. The participants answered that all the gardens in front of the houses are very small and agricultural machinery is not used for the cultivation of that lands. There were raised technical questions on the next procedures of the Micro-project and start date which were answered by the Specialists. No further questions were raised by the participants. The list of participants and photos are attached. 17 List of participants 18 Photos of Consultation Meeting 19 20