FRANCISCO ACHWOKA B65/0365/2006 - Urban planning · · 2016-06-27atmosphere. The plant’s liquid and solid waste disposal methods are similarly inefficient in dealing with the

ENVIRONMENTAL MANAGEMENT PLAN;

CASE STUDY OF ATHI RIVER MINING COMPANY,

MAVOKO MUNICIPALITY MACHAKOS, KENYA

FRANCISCO ACHWOKA

B65/0365/2006

A PLANNING DEVELOPMENT PROJECT SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE DEGREE OF BACHELOR OF

ARTS (PLANNING)

UNIVERSITY OF NAIROBI

AUGUST 2010

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DECLARATION

This Planning Development Project is my original work and has not been presented for a degree in any other University.

Signature ………………………………. Date…………………………….

FRANCISCO ACHWOKA

B65/065/2006

(Candidate)

This Planning Development Project has been submitted for examination with my approval as the University supervisor

Signature …………………………. Date……………………………..

MRS. D.ABONYO

(Supervisor)

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ACKNOWLEDGEMENTS The successful completion of this project would not have been possible without the help of a number of individuals and institutions. I want to accord my sincerest gratitude to the Staff of The Department of Urban and Regional Planning, DURP, the Chairman Dr. V. Obiero, My immediate Supervisor Mrs. D.Abonyo, course Instructor Z.Maleche whose formative critique immeasurably increased the quality of my work

I want to thank all my immediate DURP Class of 2010 colleagues for their inspiring moral support and peer reviews and to the broader School of Built Environment colleagues whose perspectives gave me holistic approach to the project

I convey my humblest appreciation to all the library staff and key informants at National Environmental Management Authority (NEMA) headquarters, Kenya Industrial Research and Development Institute (KIRDI), United Nations Environmental Programme(UNEP), Ministry of Industrialisation and The University of Nairobi(UON) whose direction and facilitation assisted immensely in the compilation of the literary aspects of this project

I would love to specially mention the residents of Mavoko Municipality whose well being this project is desirous of.

To my beloved family and invaluable friends, you have been my shoulder in times of turmoil

To God. My Raison-d-etré

Thank you All.

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ABSTRACT Industrial development in Africa’s developing countries that has been characterized by the expansion of extraction, processing, and distribution activities. It has manifested itself in the multiplication of industrial zones containing numerous factories, industrial estates and industrial plants. The resulting effect of these concentrations of industrial activities is industrial pollution that causes environmental degradation and destruction of ecosystems. The effect of this industrial pollution is significantly felt within human settlements that are in proximity to these industrial establishments.

The hazardous nature of this industrial pollution and its corresponding impacts on human settlements and environment are the key concerns in this development project. The project proposes practical detail action plans on how to implement spatial solutions to reduce the impact of the industrial pollution in the Municipal Council of Mavoko.

The Athi River Mining Limited is a manufacturing industrial plant located in Mavoko Municipality, Machakos District, and Eastern Province, Kenya. The plant is a major polluter of the surrounding region due to its processing activities which are a source of high noise levels and excessive amounts of dust and particulate matter in the atmosphere. The plant’s liquid and solid waste disposal methods are similarly inefficient in dealing with the rate of waste generation hence leading to increased environmental degradation and pollution

The plant is in need of a rapid Environmental Management Plan to cut down on the present industrial pollution levels that have caused severe impacts to the surrounding human settlements and intensified the environmental degradation. Hence, the implementation of mitigating measures based on principles of industrial ecology provide a platform for new planning interventions to help in mainly reducing the negative effects of this industrial growth

The recommendations proposed in the earlier Planning Research Project, Impacts of Large-Scale Industrial Plant on Human Settlements; Case Study of Athi River Mining Limited(Achwoka, 2010) are the reduction of industrial pollution through the enhancement of the industrial production processes within the plant to Eco-Industrial Development standards, based on industrial ecology principles that aim to maximize resource productivity, reduce pollution and are central to the economic and development planning process. The approach is viewed to meet the objectives of significantly reducing the levels of emitted particulate matter and fine dust that constitutes the air pollution. This is the main form of industrial pollution that human settlements around Athi River Mining Company Limited are faced with.

The impacts of the industrial pollution on the human settlements are similarly addressed by integrating within the proposal, an approach incorporating a site landscaping and buffer zoning aspect that seeks to also trap the minute particulate data that may still form a constituent part of the industrial pollution within the area. A buffer zoning would also enhance the Planning Development Project’s sustainability aspect.

As systematic efforts towards prevention and mitigation of the negative impacts of industrial pollution are emerging, new platforms for planning within industrial developments are being designed and planned so as to posses environmentally sustainable qualities and alternatives.

The project will incorporate major stakeholders within the Municipal Council of Mavoko spatial planning arena through the co-operation with industrial establishments especially the Athi River Mining Company Limited, the Municipal Physical Planning Office, key institutional partners within the industrial framework in Kenya, environmental conservation proponents, NEMA and the line ministries of Industrialisation and Environment.

Approaches considered also borrow heavily from the concepts of sustainability and compatibility where the relation of industrial activities to human settlements is interlinked within the framework of sustainable development in light of the project area’s social factors, economic factors and political factors.

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TABLE OF CONTENTS TITLE ..................................................................................................................................................... i

DECLARATION .................................................................................................................................... ii

ACKNOWLEDGEMENTS ................................................................................................................... iii

ABSTRACT .......................................................................................................................................... iii

TABLE OF CONTENTS .........................................................................................................................v

LIST OF FIGURES ............................................................................................................................... ix

LIST OF TABLES ................................................................................................................................. ix

LIST OF PLATES ................................................................................................................................. ix

LIST OF CHARTS ..................................................................................................................................x

LIST OF MAPS .......................................................................................................................................x

CHAPTER 1-INTRODUCTION ..........................................................................................................1

1.0 INTRODUCTION..............................................................................................................................1

1.1 Statement of the planning research Project Title ................................................................................1

1.2 Statement of summary of the main findings of the Planning Research project ....................................2

1.3 Summary of the main recommendations of the Planning Research Project .........................................4

1.4 Statement of the Development Project chosen for Implementation .....................................................9

1.5 Statement of the reasons for the choice of the Development Research Project .................................. 13

1,6. Statement of the location and area coverage of the Development Project .......................................... 13

1.7 Statement of the Assumptions of the Development Project .............................................................. 14

1.8 Statement of the Scope of the Development project and the organisation of the project chapters ...... 15

1.9 Organisation of the study ................................................................................................................. 15

1.10 Methodology for the Development Project ..................................................................................... 16

1.11 Data Collection .............................................................................................................................. 17

1.11.1 Methods of data collection ........................................................................................................... 18

1.11.2 Data Needs and Sources .............................................................................................................. 18

1.11.3 Data Analysis .............................................................................................................................. 18

1.11.4 Data Presentation......................................................................................................................... 19

1.12 Limitations ..................................................................................................................................... 19

1.13 Definition of Key Terms and Concepts ........................................................................................... 20

CHAPTER 2-REVIEW OF POLICY GUIDLEINES ........................................................................ 21

2.0 Policy, Legal and Institutional Framework Review ........................................................................... 21

2.1 Review of relevant policies, plans, planning policies and design guidelines ………………....... ……21

2.1.2The Legislative Framework ............................................................................................................ 21

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2.1.3Relevant Government Sessional Papers .......................................................................................... 23

2.1.4International Conventions and Treaties ........................................................................................... 24

2.2 Institutional Framework ................................................................................................................... 26

2.3 Reference to relevant case studies ................................................................................................... 30

2.3.1Case Study on Environmental Management of Large Scale Industrial Activities ............................. 33

2.3.2Lessons Drawn from the Case Study. .............................................................................................. 34

2.3 Statement of the Conceptual Framework and theoretical principles.................................................. 36

2.3.1Application to Study Area .............................................................................................................. 36

2.3.2 The Conceptual Framework ........................................................................................................... 38

2.3.3Theoretical framework ..................................................................... Error! Bookmark not defined.

CHAPTER 3 SITUATIONAL ANALYSIS ......................................................................................... 41

3.0 Situational Analysis ........................................................................................................................ 41

3.1 Location Context of Project area ..................................................................................................... 41

3.2 Statement of the problem ............................................................................................................... 42

3.3 Land Use Analysis ........................................................................................................................... 45

3.4 Background of the project area, the project and its Historical Context.............................................. 46

3.5 Site Analysis ................................................................................................................................... 47

3.5.1Topography and Land use............................................................................................................... 47

3.5.2Land cover systems and land use analysis ......................................... Error! Bookmark not defined.

3.5.3Hydrology and Drainage Systems ................................................................................................... 48

3.5.4Climate .......................................................................................................................................... 48

3.6 Population and demographic Characteristics ..................................... Error! Bookmark not defined.

3.7 Institutional, legal and financial issues of Project area ..................................................................... 52

3.8 Planning and Policy Implications of Situational Analysis ................................................................ 53

3.9 Summary of Emerging issues and Synthesis of Findings ................................................................ 54

CHAPTER 4 PROJECTPLANNING, DESIGN & IMPLEMENTATION ....................................... 56

4.0 Project Planning, Design and Implementation ................................... Error! Bookmark not defined.

4.1 Planning and Design Stage of Project (Expected Outputs of the Project) ......... Error! Bookmark not defined.

4.1.1 Plan Preparation Stages ................................................................... Error! Bookmark not defined.

4.1.2 Site planning/design process stages.................................................. Error! Bookmark not defined.

4.1.3 Development of plans ...................................................................... Error! Bookmark not defined.

4.1.4 Case studies..................................................................................... Error! Bookmark not defined.

4.1.5 Planning and design standards ......................................................... Error! Bookmark not defined.

4.1.5 Legal and regulatory framework. ..................................................... Error! Bookmark not defined.

4.2 Development of Spatial Plans............................................................ Error! Bookmark not defined.

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4.2.1Alternative Development Proposal Plan One .................................... Error! Bookmark not defined.

4.1.2 Alternative Development Proposal PlanTwo…………………………………….. Error! Bookmark not defined.

4.1.2.1 Concept Design ............................................................................ Error! Bookmark not defined.

4.1.2.3. Expected Plan Benefits ................................................................ Error! Bookmark not defined.

4.1.3 Preferred Development Proposal; Integration Approach………………………. . Error! Bookmark not defined.

4.1.3.1Concept Design ............................................................................. Error! Bookmark not defined.

4.1.4Evaluation of the Plan proposals ....................................................... Error! Bookmark not defined.

4.2 Site Planning/Design Process ............................................................ Error! Bookmark not defined.

4.2.1 Preferred Plan Proposal; IntegrationApproach……………………………………………………. Error! Bookmark not defined.

4.2.2Design principles .............................................................................. Error! Bookmark not defined.

4.2.2.1 Design Principles of the Site Landscaping and Buffer Zoning Aspect ………………………… .Error! Bookmark not defined.

4.2.2.2 Design Principles in the design of the environmentally friendly eco-industrial plant ............ Error! Bookmark not defined.

4.2.2.3Design principles for eco-industrial plants ..................................... Error! Bookmark not defined.

4.2.2Factors affecting the development of an eco-industrial plant ............. Error! Bookmark not defined.

4.2.3 Expected benefits and outputs within the Eco-industrial Plant plan proposal .. Error! Bookmark not defined.

4.3 Development of Spatial Plan and Evaluation of Alternative Plan Proposals ..... Error! Bookmark not defined.

4.3.1Industrial Buildings Design and Planning ......................................... Error! Bookmark not defined.

4.3.2 Detailed Design formulation stage and development of detailed action plans . Error! Bookmark not defined.

4.3.2.1 Commuter-Travel Action Plan ...................................................... Error! Bookmark not defined.

4.3.2.3 Car Parking & Circulation ............................................................ Error! Bookmark not defined.

4.3.2.4 Truck Parking, Loading & Servicing............................................. Error! Bookmark not defined.

4.3 Site Layout and Building Orientation ................................................ Error! Bookmark not defined.

4.4 Guidelines in the Landscaping .......................................................... Error! Bookmark not defined.

4.4.1Landscaping ..................................................................................... Error! Bookmark not defined.

4.4.2 Creation Of Buffers (Buffer Zoning)................................................ Error! Bookmark not defined.

4.4.3 Landscaping Maintenance ............................................................... Error! Bookmark not defined.

4.5.Planning and Policy Implications of the Integrated Approach Development Proposal................. Error! Bookmark not defined.

4.5.1 Legal and Institutional Frameworks ................................................. Error! Bookmark not defined.

4.5.2Land Use Planning Measures ............................................................ Error! Bookmark not defined.

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4.5.3Mitigating Measures ......................................................................... Error! Bookmark not defined.

4.5.4Financial Instruments ....................................................................... Error! Bookmark not defined.

4.6 Time Frame, Phasing, Costing and Resource requirements ............................................................... 88

4.7 Actors/Implementing agencies-role of stakeholders in the implementation of the project(s) .............. 89

CHAPTER 5 MONITORING AND EVALUATION ......................................................................... 90

5.0 Monitoring and Evaluation of Planning Development Project ........................................................... 91

5.1 Monitoring and Evaluation stages in the implementation of the project(s)-Indicators of Progress ...... 91

5.2 Guidelines for the Implementation process ....................................................................................... 92

5.3 Site/Environmental Management plan .............................................................................................. 93

5.3.1Environmental Management Plan Guidelines for mitigating Bio-Physical Impacts .......................... 93

5.4 Guidelines for implementation; possible actions to meet environment management objectives .......... 93

5.4 Conclusion ....................................................................................................................................... 94

BIBLIOGRAPHY ................................................................................................................................ 95

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LIST OF FIGURES FIGURE 1-1 ;Road construction on Mombasa Road ........................................................................................5 FIGURE 1-2 ;Slums adjacent to Athi River Mining Company..........................................................................9 FIGURE 1-3; Location of Athi River Mining Company within the CBD ........................................................ 12 FIGURE 1-4; Location of Athi River Mining Company and sorrounding uses ................................................ 14 FIGURE 1-5; Scope of Development Project ................................................................................................. 17 FIGURE 2-1; Conceptual framework for Industrial Activities within human settlements…………………… 39 FIGURE 2-2; Model Framework of Factory Planning……………………………………………………...… 53 FIGURE 3-1; Locational Context of AthiRiver Mining Limited………………………………………………42 FIGURE 4-1; Site Analysis;Climatic Factors……………………………………… ........................................ 55 FIGURE 4-1; Summary of Planning Process………………………………………......................................... 41 FIGURE 4-2i; Layout Plan Showing Design Standards Industries .................................................................. 69 FIGURE 4-2 ii; Sketches of Eco-Industrial concept plans within the site area………… .. ……………………75 FIGURE 4-2 iii;Sketches on landscaping concepts within the site area………… ............. ……………………75 FIGURE 4-3; Perspective Bicycle and Pedestrian facilities………………………………………….. ............. 71 FIGURE 4-4; Overhead view Car Park and Circulation……… ........................ ………………………………72 FIGURE 4-5; Overhead view Car Parking ..................................................................................................... 73 FIGURE 4-6; Overhead view of True Park and Circulation ............................................................................ 73 FIGURE 4-7; Perspective view of True Park and Circulation ......................................................................... 75 FIGURE 4-8; Illustration Indicative of Site and building orientation…………………………………………75

LIST OF TABLES TABLE 3-1; Climatic Conditions in Mavoko ................................................................................................. 48 TABLE 3-2; Age and Sex Structure of Study area .......................................................................................... 49 TABLE 3-3; Population Projection for Mavoko Municipality ........................................................................ 50 TABLE 4-1; Benefits of Eco-Industrial Plants ............................................................................................... 57 TABLE 4-2; Implementation Schedule for Integrated Approach Development Proposal… ……………….…82 TABLE 4-3; Implementation Schedule for Integrated Approach Development Proposal……………………..85 TABLE 5-1; Guidelines for Implementation……………………………………………………………….....89

LIST OF PLATES PLATE 1-1; Impacts on environment large scale industrial plants ...................................................................4 PLATE 1-2 Tranportation in Mavoko ..............................................................................................................5 PLATE 1-3 Poor Sanitation in Mavoko ............................................................................................................5 PLATE 1-4; Energy Requirementst in large scale industrial plants in Mavoko .................................................5

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LIST OF CHARTS CHART 3-1; Population Structure in Mavoko ................................................................................................ 49 CHART 3-2; Population Projection in Mavoko .............................................................................................. 50

LIST OF MAPS MAP 3-1; National and Regional Context of Athi River Mining Company .................................................... 41 MAP 3-2; Locational Context of Athi River Mining Mining Company........................................................... 42 MAP 3-3; Land uses around the site ............................................................................................................... 43 MAP 3-4; Land use Analysis Around the Site ................................................................................................ 44 MAP 3-5;Analysis of Emerging Issues within the Site ................................................................................... 47 MAP 4-1; Eco-Industrial production as a pollution prevention aspect…………………………………………51 MAP 4-2; Site Landscaping & Buffer Zoning aspect of Integrated Development Plan Approach ……………79 MAP 4-3; Detailed Action Plan Areas For Landscaping And Buffer Zoning Within The Site Area……… …80

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CHAPTER 1

1.0 INTRODUCTION

1.1 Statement of the Planning Research Project Title The Planning Research Project was entitled Impacts of Large Scale Industrial Plants-Case Study of Mavoko Municipality, Machakos District, Eastern Province. Kenya

The project focused on impacts that the large scale industrial plants of Athi River Mining Limited and Bamburi Cement Factory that are found within the Mavoko in Athi River Township had on the surrounding human settlements.

The project was undertaken in the months of October 2009 to February 2010 with its results being disseminated in a project report available at the Department of Urban and Regional Planning, University of Nairobi, Kenya

1.2 Statement of summary of the main findings of the Planning Research project The Main findings of the Planning Research project through the analysis of the data collected from the research area and to inform the study objectives include;

Impacts associated with the existence of mining activities around human settlements

Impacts on the residential areas near industrial sites

Noise; The high decibel noise generated by the industrial activities of blasting, stone crushing, rock screening, truck traffic, beepers and general noise coming from the operation of the multiple plants within the industries disrupt normal day to day existence. It is more pronounced during the night

Excessive Vibrations; the blasting of rocks causes excessive vibrations through the ground leading to damage of residential housing such as cracked floors, foundations and similarly loosens well water foundations or pipe water fittings due to excavation

Flying Rock and Shrapnel; these pose a danger to bystanders as the quarry area neighboured areas of residence and lacked adequate signage.

Respiratory Ailments; The activities of blasting, crushing and transportation of stone emitted dust and particulate matter that caused respiratory disease and ailments e.g. asthma, common cold, chest infections among others. This endangered the health of persons residing in the vicinity of the plants and a huge number of the plants’ staff also suffered from respiratory ailments. The formation of smog in the morning was also attributed to the emissions from the plants

Aesthetic Destruction of Landscape; due to the unexpected quarry life, the operations left the landscape derelict and created cliffs that posed danger to pedestrians and vehicular traffic

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Impact on Transport and Infrastructural Facilities

Mining operations relied on the operation of heavy ton – tractors for transportation of the raw materials and mining equipment to and from the sites every day. This caused a strain on the infrastructure on the road network and vehicular congestion with other road users if on public roads. This increased chances of traffic accidents on these roads

The heavy-tonnage trucks and trailers were also likely to cause road damage; especially as the roads were not designed and constructed to the standards to accommodate their capacity.

In cases where the excavated overburden was heaped near pillars that support electric lines they were likely to destabilize electric power supply. Similarly the heaping of materials by way sides was restrictive on the roadside aesthetics and functionality.

Huge fences surrounding large scale industrial complexes also caused a difference in the skyline of the built environment.

Huge Spotlights and flood lights used as security lighting at night around the areas where industrial activities take place were a major destruction and were major causes of eye problems as the wattage used on the security lighting is too high.

Blasting often caused power blackouts and burst water pipes. The worn out roads within Mavoko municipality were attributed to heavy trucks that transported the quarrying materials.

Impacts on the Environment

When mining activities were operated near water sources e.g. riverbanks, which was the case in Mavoko, the activities polluted the rivers that provided water for other uses. Fracturing of rivers bank bed via blasting led to reduced water table and changed the direction of the river course. Quarrying activities in Mavoko occurred near the Athi and Stony Athi River and these impacts were experienced. Ammonium nitrate was used in quarry explosives and fuel oil contaminated groundwater. According to Misra (2002) one gallon of fuel can contaminate 750,000 gallons of ground water; therefore a lot of the fuel seepage in the ground contributed to the groundwater contamination. Similarly this seepage due to oil spills from lubricants and all other process oils causes formation of residue pools of used oils that caused environmental hazards and corroded walls and prevented natural vegetation growth leading to stunted growth and death of plants

Mining Activities led to creation of debris and huge mounds of overburden that was deposited on the existing vegetation thus changed the biotic ecosystem and led to a creation of semi arid environment.

Surrounding vegetation around the mining operations was stunted and there was general lack of soil nutrients around the area. Soil was very loose preventing roots from being able to hold on to the soil. Soil structure was very weak as the shifting of layers occurs where huge layers of overburden are placed on top of pre-existing soil.

The huge clouds of dust caused the formation of smog in the morning and lead to reduced visibility and increased cases of respiratory diseases

There was air pollution from the foul smell of industrial effluents and process wastes that pollute the environment.

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Crude quarry operation left unfilled deep pits that killed the aesthetics and the beauty of the environment. Environmental concern was important especially when quarry activities take place along river bank which has in its surrounding a natural habitat for animals that are resident and or migrating through. Mavoko neighboured the Nairobi National Plant hence quarry and industrial activities will displaced wildlife and interfered with their mating cycles.

Impact on Socio-economic characteristics of the area

There has been an increased need for extra land for further expansion and development of industries; this leads to speculation as most low-income residents of residential areas surrounding industrial areas stay in these areas despite the obvious negative impacts that they experience such as noise, dust and foul smells as they expect compensation and engage in speculation that the land on which they reside will increase in value if the industrial plants decide to expand their activities. Therefore most residents are willing to withstand the impacts with the hope of a big payout as compensation at the need for expansion of the industrial activities. This stems from a previous payout by Athi-River Mining Company in which neighbouring slum residents were paid sums of money as compensation for the expansion of the industry.

There is increased dependence on industries for employment; The major employment source in Mavoko municipality is informal or casual employment from large industrial scale plants like Bamburi Cement Factory where jobs such as porters, truck drivers, plant operators and mining

Source; Field work survey, 2010

PLATE 1-1; Impacts on the environment by industrial plants in Mavoko

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equipment technicians are the common paying jobs. The average wage per day is Ksh.300 and this has led to a reliance on the industries for employment by the population. The industries also have multiplier effect as the workers require food which is provided by private food vendors and traders at the Mavoko Municipal Market who get a significant amount of their sales from the industry workers. Similarly, the need for housing has led to landowners constructing rental houses whose average rent is Ksh.1000 onwards

The emergence of social ills; the presence of large scale industries have led to a rise in social ills like prostitution and crime due to majority of the members of the population being in casual employment thus having no permanent source of livelihood and with increasing poverty levels. Similarly, respondents alluded to the practice of prostitution as being linked to cultural beliefs including wife inheritance, among the resident population and the lack of a strong social fabric in the area. The proximity to the highways of Nairobi-Mombasa and Nairobi-Namanga highways making it a rest stop for many long distance truck drivers contributes to the practice of prostitution. This triggers the increase in these social ills as well as the existence of informal settlements which habour social derelicts.

The shift in gender roles and responsibilities; the presence of large scale has led to a shift in gender responsibilities and roles from traditional set ups. Women are also engaging in industrial labour as the large scale industrial plants offer the most available source of livelihood as opposed to before when they did not participate in these ventures. This causes a shift in gender responsibilities among the population. Gender disparities are however observed as the women are under-represented in major decision making fora, e.g.in the council and they are less aware of their rights. They are also faced with poorer access to education, credit and land. Many are forced by circumstance to work in low-skill, ill-paying jobs in the factories, EPZ and flower farms. These disparities combined with the burdens of household work (intensified for women who live in slums) gave women a low status.

Issues of Poor Governance; MCM, the local authority’s governance structures are inter-related with the industrial practices as the large scale industrial plant are the major contributors to the municipal revenue accruing to the council, through the issuance of licenses, approvals, land rent and rates as well as permissions are some of the charges that contribute to the regional income. However, the management by local authorities of these industrial activities has been overshadowed by corruption and establishment of new industries has led to marginalization of the urban poor. However, the Council lacks financial and human resources to deal with monitoring and evaluation of the large scale industrial plants. The municipality also has been unable to efficiently involve the citizenry in the town’s affairs and participation of the civil society has contributed to the implementation of the Local Authority Service delivery Action Planning (LASDAP) through agitating for the annual consultative meeting at which community representatives and council staff and councilors agree on priorities for the next financial year. There is similarly dissatisfaction with the local governance system, citing corruption and lack of information sharing as key factors dominating the public service. For example, the poor informal traders have to contend with the regular harassment from Council enforcement officials who discharge their duties in order to maintain some order especially in the central business district. Thus low involvement of citizen participation in the local government programmes coupled with limited feedback on development processes such as LASDAP were identified as some of the gaps that negated the impact of very well intentioned programme interventions

Transportation concerns in commuting to places of work; public service vehicles such as matatus and motorcycle boda bodas are the main means of commuting from the residential areas to the large scale industrial plants by the workers and these cause heavy traffic in the peak hours i.e. in the

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mornings as they are heading to work and the evenings as they come from work. There is need for larger public transport as there is an increasing need for the mainstreaming of transportation to these large scale industrial plants. The potential of cycling as a cost effective method of transport that is also non-polluting has not yet been embraced given the overall flat terrain. Some of the larger industries offer transportation to their employees however this is not the case everywhere.

The increasing possibility of automation in industrial activities; this threatens to reduce the propensity of industries to hire labourers and casuals as the procurement of machines will reduce the need for unskilled labour.

Concerns in overall water and sewerage situation in the town; the industrial plants utilize copious amounts of water for the cooling of industrial plants and the mixing of solvents used in the industrial processes. Most of the industries have their own sources of water as they have dug boreholes, or have connections to MAWASCO-Mavoko Water and Sanitation Company for their supply. They also River as alternate source and some release their effluents into the Stony Athi.

However, more than 40 % of the population in Mavoko population lack access to clean water and there is a great demand for water in the area due to the growing population and the area’s hot climate.

Sewerage collection and disposal and overall sanitation are not well-organised as plants dump their effluence into open drains and there is danger of debris posing health hazards. The emergence of scrap metal dealers to deal with the solid waste management is a negligible contribution to addressing this problem. In most of the slums residents use pit latrines and children defecate in open drains. Waste is thrown in plastic bags with the flying toilet phenomenon being present. Many dumpsites cause health hazards and the municipal sewer lines are often blocked and the Council does not efficiently engage in waste removal.

Increased Use of Energy; the large scale plants engage in industrial process requiring large energy consumption and this has caused an increase in energy infrastructure such as power transformers. The Kenya power and Lighting provides electricity. However some of the surrounding residential areas lack some of the basic infrastructure resorting to using alternative sources of energy such as solar energy, with the poor being forced to rely on private and informal sector for sources of

PLATE 1--2; Transportation in Mavoko


PLATE 1--3; Poor Sanitation In Mavoko


PLATE 1-4; Energy requirements in industrial plants in Mavoko


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energy e.g. charcoal, paraffin which contribute to pollution as they increase greenhouse gases in the atmosphere

Street lighting has been effected for some of the routes in Mavoko and similarly industries having night shift employees have to provide lighting for the industrial processes

The Location near key traffic routes as an opportunity; the location of the large scale plants to major transportation routes e.g. the Nairobi-Namanga route and Nairobi-Mombasa railway increases the economic potential of the industries and facilitate the transportation of the raw materials and finished products to other regions of the country.

However, the huge heavy traffic that is generated along the intersections of these routes cause traffic jams and the road conditions have deteriorated as a result of the heavy-tonnage traffic from the long distance trucks and other public transportation. The road is very dusty and has many potholes necessitating the Bamburi Cement factory to water down the dust by a water booster at different points during the day

The Marimbeti railway station however is out of use and this provides loss of opportunity.

The Nairobi-Mombasa Road is undergoing renovations and extensions that will improve on its functions

The economies of scale brought about by the concentration of industries and creation of production zones; the large scale industries have attracted other subsidiary industries that complement some of the processes e.g. Mombasa Cement Company that processes the raw material, kunkur that is obtained from abroad, India and shipped to Mombasa.

Emergence of Management issues and Conflict Resolutions through labour unions; the employees and workers in the industrial plants complain of low pay and issues in conflict resolution and the supervision. The main avenues for seeking redress for any workplace conflicts are not streamlined and there exists a lot of bottlenecks in achieving solutions e.g. bureaucracy

The presence of linkages to other towns; the industrial activities provide linkages between Mavoko and other towns like Mombasa, the city of Nairobi through the provision of the finished products. The transportation of the finished products by truck drivers causes linkages with other towns and countries e.g. Tororo in Uganda and eventually The Great Lakes Region consisting of Rwanda, Congo, Burundi where there is a market for the finished products. Similarly, branches of the factories are located in other towns like the Kaloleni, Mombasa branch of Athi River mining Company and Bamburi Mombasa

Source; Google Earth, 2010

Mombasa Road

FIGURE 1-1; Ongoing road construction on Mombasa Road

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Increase in population of Athi River mainly from In-migration ; the employment potential offered by the large scale industries has lead to increase in the population of Mavoko as a result of in-migration from other towns across the countries and even as far as Southern Sudan and Western Kenya by individuals seeking employment in the factories

The issue of Occupational Health and Safety of personnel working in industries; the large scale industries have instituted measures of ensuring the safety of the personnel working in the plants. This includes the wearing of visors, helmets, reflective jackets, overalls, gumboots and speed governors on long-distance trucks

The increased prevalence in HIV/AIDS Infection; The presence of the large industries has contributed to the level of infection in Mavoko municipality which also a registers rising poverty levels which are destroying social fabric. HIV/AIDS is on the increase with the VCT (voluntary Counseling and Testing) Centers registering numerous visits. There is a lot of stigma and stereotyping towards people living with HIV/AIDS-PLHIVs e.g. that they have been bewitched, and the factories do not offer any medical covers for them. The major causes for this increase are attributed to the lack of awareness and the absence of anti-retroviral drugs

Rising concern in the health situation of workers and residents; The employees of the large scale plants register a notable increase in respiratory diseases, that area a result of the high levels of air pollution and dust from the industries. Waterborne disease typhoid, diarrhoea as a result of the limited supply of water and malaria is due to blocked drains and stagnant ponds which are rich breeding grounds for mosquitoes. Health conditions are exacerbated by limited access to health facilities and relatively high cost of treatment with majority of the poor resulting into unconventional home treatment modes, field work surveys established that even where the facilities exist, they often lack the drugs for treatment.

Poor Solid waste management; The absence of solid waste management policy or framework within the municipality has resulted in the dumping of industrial overburden being haphazard. This causes an eye-sore in the environmental outlook and disturbs the ecological balance. There also lacks a dumpsite close enough for the municipal solid waste truck to use, forcing it to travel more than 20km outside the town

The Degraded urban environment; The increase in poverty levels due to the high population has led encroachment of land surrounding industrial plants by slums, presence of informal trading centers, the direct pollution of water ecosystems by discharges into rivers, effluent discharges from industries recreational spaces, and the lack of effluent pre treatment facilities in industries as required by the Public Health Act

The presence of Urban agriculture and livestock keeping; This is practiced at subsistence levels to meet the household food requirements. The major challenge to urban agriculture is in the lack of supportive local policy and legal framework. The existing laws are mainly prohibitive and classify the practice as largely prohibitive, classifying such practice as a nuisance to and threat to public health. Waste from animal and plant finds its way into the sewerage system which is not designed to accommodate such waste and often the free grazing livestock are seen as a threat to urban aesthetics pursuits and increase risk for accidents. Risk of exposure to animal diseases closely related with absence of extension services and or institutional structures within the Council to support such practices present another challenge

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Declining Education levels; great inequalities exist in teaching standards and facilities in the schools which are overcrowded and in need of upgrading as the conditions in some of them are substandard. High transport and education costs are major challenges to education in the area. The location of industries next to schools also poses health and safety hazards to the children. Similarly the safety concern from the huge trucks passing next to schools can cause traffic accidents involving school children. There have been pleas to reduce the industrial processes noise by some of the schools to the industrial plants as they inhibited learning and concentration of the pupils

Impacts on Property Value

Property value decreased exponentially as the quarrying process continues. The decrease in value decreases tax revenue from these properties as well. The areas next to industrial plants similarly register low rents due to the need for close and cheaper housing by the workers in the industries.

However, sellers of middle and high income homes are likely to find their homes remain in the market for a longer time and there is good possibility that some homes may not sell at all. In Mavoko, the value of housing units close to the industrial activities is low.

Impacts on the housing

High Income housing

The high income zone is the area between Mombasa road and the Namanga Road. The area is accessed through the East African Cement Portland Senior Staff housing road.

The impact of the industrial activities are not felt in these neighbourhoods as the extent of these impacts is minimized by aspects such as efficient infrastructure and provision of utilities by the industries themselves

Middle Income Housing

The middle income housing zones are located within Mavoko Municipality Township and they include Lloyd Masika, Ngei II, municipal Council Housing and EAPC Village.

They include rental housing units of blocks of flats with planting spaces. The flats have tiles as roofing materials and cement floors or wooden tiles. Private developers provide water tank to store water and residents employ their own security.

The settlements similarly do not experience most of the adverse effects of the industries as they are located further away from the industries. Irritation due to dust, foul smells and smog in the air are the major discomforts suffered in these settlements.

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Low income housing

Houses are temporary structures that are single rooms. Plot sizes are less than an eighth of an acre with plot construction ranging from 95%- 100% with no space left between structures This may lead to unhealthy congestion leading to slum fires from heavy electromagnetic fluxes and other such disasters. Other plot sizes range from 15X30 to 10X120 fts with the average household sizes being 4-6 members.

A 2004 slum study by UN-HABITAT revealed a population size of 24,000 people living in deplorable conditions next to the industrial areas. More slum settlements have development have developed over time with increasing food poverty (64%) and lack of access to basic human and community facilities.

These include Alfarame, Sophia, Kisumu ndogo, Nyambura, Kosovo/Slota

Informal structures accommodate the low-income population within the municipality. They are located very close to the mining sites and experience most of the adverse impacts of the industrial activities. Housing infrastructure, power, water and utilities are completely absent in the informal structures.

1.3 Summary of the Main Recommendations of the Planning Research Project It was imperative then to develop mitigating measures to inform the development of industrial land uses within Mavoko municipality, and propose measures to transform the area of study into a more comfortable living area through enhancement of compatible and sustainable coexistence of the conflicting land uses i.e. industrial land use and human settlement. This was based on the technical aspects, the institutional aspects, the legislative aspects and the practical actions to enable the management of the industrial activities of the large scale plants within Mavoko and other manifestations e.g. disused quarry sites after decommissioning of quarrying activities. In order to achieve the above stated objectives, the following proposed mitigation measures were supposed to be integrated in the study area in different phases; short-term, middle-term and long-term:

Athi River Mining Company

Nyambura slum

Kosovo

Source; Google Earth,2010

FIGURE 1-2 ; Slums adjacent to Athi River Mining Company

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Noise Control at Site areas

Methods of noise control include the following:

Earth mounds to be erected around the quarry site boundary to provide acoustic as well as visual screening. A buffer zone can be maintained between the excavation area and the site boundary and the width of the zone needs to be decided on a case-by-case basis, depending on such factors as the nature and scale of extraction and the proximity of human settlements to the area of activity. Soft ground (e.g. grassland and cultivated fields) attenuation can sometimes have a greater impact in reducing noise than barrier attenuation, especially if the ground supports sound-absorbing vegetation; This can be utilized at the Bamburi Cement quarries

Conveyor belts and crushing/screening equipment can be housed to provide acoustic screening. It is important that sound-reduction equipment fitted to machinery is used and maintained properly;

Haul roads within the site should have as low a gradient as possible, and paving should be considered if practicable where noise-sensitive receptors are likely to be affected;

For deep workings, quarry faces may provide a barrier, depending on the relative location of the quarry face and the noise-sensitive area or property;

The professional control of drilling and blasting operations can ensure, through design of the layout of the workings, that blasts are directed away from sensitive neighbouring dwellings. There is the use of the “delayed” blasting technique, whereby the blast takes place in a series of timed small explosions rather than a single large blast, helps to minimize the vibration in the rock body;

It is recommended that quarry operators provide advance notification of blasting to nearby residents, e.g. through written notices or by using warning sirens, or other locally-agreed arrangements

It is vital that quarry owners/operators comply with the Public Health Act and with any recommendations for safety made by Public Health Inspectors. The Public Health Act (Cap. 242) and Factories Act (Cap. 514) are designed to protect those working in quarries, those visiting quarries, and members of the public in the immediate vicinity of quarries, who could be endangered by the operation of quarries.

Dust Deposition and Air Quality Control

Mitigation measures include:

Ø Water spraying of roads to reduce the dust from vehicles ferrying ruble and debris Ø Wheel washing of vehicles leaving the quarrying site, covering of fine dry loads or spraying

of loads prior to exiting quarrying/mining site, and if necessary regular cleaning of public roads in the vicinity of the mining site

Ø Appropriate maintenance of vehicles and machinery to minimize mechanical effluences Ø Constructing Landscaped mounds on the periphery of sites and around storage areas.

Water Pollution Control

A surface water quality baseline study is required to assess water quality in adjacent Athi River surface watercourse. Similarly, it is necessary to define the hydro geological regime around the industrial sites to protect groundwater and the water supply to sensitive wetland systems or water-dependent habitats.

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Appropriate drainage systems should be provided to minimize polluted surface water run-off from the industry process into the roads and surrounding areas

Fuel tanks should be bounded and the drainage system of the fuelling area fitted with oil interceptors to get rid of any industrial gross matter.

Adequate sewage and storm water treatment should be provided on the industry site. There needs to be strict control of run-off from pits, quarries, spoil heaps, embankments and all other parts of the industrial sites, including access roads and wheel-wash facilities. Washing ponds (used to settle out the suspended solids from the aggregate washing process) should be carefully designed and operated to ensure that where practicable water is recycled and not discharged into the river. Another form of pond can be used both to facilitate the settlement of contaminants from the surface water run-off and also to ensure that storm water run-off from the quarry is released through controlled discharge (i.e. the main volumes are retained until the flow has receded in the external watercourses or drains).

Groundwater can be adversely affected by residues from explosives used in rock quarries. It is important that blast operatives ensure that all material is ignited; use of explosive slurries in open fracture geology should be avoided.

Erosion of soil (and any other material) should be limited by rapidly vegetating exposed areas, planting the surfaces of overburden and topsoil mounds, progressively restoring worked-out areas (where practical) and limiting the areas of topsoil/overburden stripping exposed at any one time. Adequate margins/buffer zones should be left around watercourses, river corridors and other sensitive areas; spoil heaps should be designed to be stable in periods of very wet weather.

Accident Control

The following measurements are recommended:

Provision of safety equipment and clothing consisting of reflector jackets, protective visors, gumboots and helmets to protect industry workers. The industry transportation department should institute and enforce speed limits on the long distance trucks

The establishment of a quarry must be made far from the other existing sensitive land uses such as residential land use. Although the planning laws of the country fail to state the actual distance quarrying activities should locate from other land uses ,a sufficient distance should be determined by the relevant planning and environmental management institutions and stipulated in the various legislation and be implemented i.e. Mavoko Municipal Council, NEMA

Sign posts indicating presence of a quarry, especially in close proximity to a residential neighbourhood, should be erected at the quarry sites and should be visible during the day and at night. Warning signs should also be erected around this area

The quarrying site need to be fenced and security guard provided to guide the movement in and out of the quarrying site and prevent accidents

Technical Aspects

Paving road surfaces within the site where a negative impact on a noise-sensitive receptor is likely; to control dust and noise pollution.

Ensuring masks are worn in areas of high dust generation

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Institutional Aspects

Industrial regulation bodies should ensure more accountability and be responsible for identification of industrial activities that show significant impact levels. These bodies should ensure the industrial plants perform the following roles

Ø Seek expert advice on the choice of the sites for exploitation of quarries; Ø Conduct basic studies (qualitative and quantitative evaluation of the building material

available, environmental impact assessment and socio-economic evaluation); Ø Determine the choice of techniques in industrial sites that will minimize impacts on the

environment and surrounding land uses(human settlements) Ø Ensure the monitoring of industrial sites to detect over-exploitation of natural resource and

exceeding of contractual provisions Ø Compilation of an annual report on the situation analysis of their industrial activities.

For accountability the following institutional measures are recommended

Ø Development of a Department for Industry Inspection Monitoring in Mavoko Municipal Council

Ø Development of Terms of Operation/Reference for the Industry Operators Ø Technical advice on rehabilitation and environmental restoration of the exploited sites;

Legislative Aspects

To improve the existing legislation the developments of the following texts of application are recommended. These can be schedules giving the Acts avenues for implementation

A standard application that would provide the listing of the various categories of mining/quarrying operations subjected to environmental impact assessment procedures in accordance with the Environmental Management and Coordination Act

An ordinance signed jointly by the line Ministries responsible for industrialisation, mining, town planning and the environment on all possible environmental protection measures to be undertaken by the industries. The ordinance should specify the required distance that industrial activities can be undertaken from human settlements and major environmental points. The legislation on industrial activities will have to clarify the conditions required for authorization of exploitation and mining

The line ministries should create a fund for rehabilitation of closed quarries. The funds could be from a rehabilitation tax to be determined by autonomous or jointly by the Ministries responsible for Environment and Natural Resources, Mines and Geology and Industrialisation

Long-Term Mitigation Measures (10-20 years)

The long-term mitigation measures would be applicable to some of the quarrying sites after their decommissioning. This is in line with both the local and central government policies geared towards the protection and conservation of environment points of concern e.g. riparian reserve management to ensure environmental sustainability within the country.

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1.4 Statement of the Development Project chosen for Implementation

The Planning Development Project chosen for implementation is titled; Environmental Management Plan; Case Study of Athi River Mining Company Limited, Mavoko Municipality, Machakos Kenya. This project aims to come up with an implementation plan for the Athi River Mining Company to facilitate the protection of the environment and the surrounding population from the negative impacts of its industrial activities.

1.5 Statement of the reasons for the choice of the Development Research Project The choice of the Planning Development Project is mirrored around the need to mitigate the adverse effects of the large scale industrial plants on the environment and the surrounding human population. Reasons include;

The Location of Athi River Mining Company

The company is located within town’s Central business District and is in very close proximity to human settlements in the form of residential housing. This puts it as a high-risk enterprise and a key pollutant as its effects are immediately felt. The location of other large scale industrial plants e.g. Bamburi and East African Portland Cement industries are outside the main town and hence pose no immediate danger/risk as major pollutants and they have sound mechanisms for addressing their environmental impacts.


Source;Google Earth.2010

site

CBD

FIGURE 1-3; Location of Athi River Mining Company within the CBD

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The plant as a major contributor to pollution in Mavoko

Due to the excessive, vibrations, dust and particulate matter coming from the operations, the company’s operation has resulted in a severe reduction in ambient air quality standards, deterioration of occupational air quality standards and has exhibited an absence of any criteria or guidelines for air pollution control for both mobile and stationary sources

Measures are necessary to advise for the redesign of the plants or measures for the installation of noise abatement technology or both to reduce these impacts as well as meet requirements set by EMCA 2002 Act and The National Environmental Management Authority (NEMA) as well as by legislative requirements under The Excessive Noise and Vibrations Act, 2009

The significant level of environmental degradation in the vicinity of Athi River Mining Company

There has been significant impact to the surrounding environment with soil erosion, contamination of ground water due to the lack of efficient treatment of discharged effluents. This has been manifested in the following ways in Mavoko municipality

Ø Removal of significant amounts of prime and unique urban agricultural lands from productive use around the Railways staff quarters that border the plant

Ø Imposition on, or destruction of sensitive ecosystems, including natural habitats Ø Degradation of the surface water quality due to erosion during the mining operations and due

to excessive contaminant loadings to surface run-off and/or water discharges that emanate from the plant operations

Ø Alteration of ground water characteristics due to mining, dewatering activities or significant withdrawals during operations

Ø Displacement of households, businesses and services due to the high pollution levels Ø Generation of noise, light, increased concentrations of air contaminants and increased levels

of sound or odor especially during the evenings Ø Creation and aggravation of public health problems like chest and respiratory infections due

to lack of maintenance of Occupational Health Safety standards Ø Direct violation during plant operations of national and local environmental and land use

statutes, regulations, and plans.

Environment Management Plan An Environmental Management Plan is defined as: “the processes that an organization will follow to maximize its compliance and minimize harm to the environment.”(cf; Kentucky Division of Compliance Assistance (DCA))

It is an environmental management tool is used to ensure that undue or reasonably avoidable adverse impacts of the construction, operation and decommissioning of a project are prevented; and that the positive benefits of development projects are enhanced.

In summary, its purpose is to reduce adverse impact to sensitive environmental resources and to minimize disturbance for neighborhood.

An EMP is referred as pollution prevention plan because often the main focus of the plan is preventing certain pollutions. It might be also a useful tool for companies to help address a variety of

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environmental issues such as managing air emissions. EMP has also similar features with normal life cycle analysis, because EMP should also include life cycle aspects for continual improvements to assist best practice in environmental management.

This development project is a good example of this kind of manner of plan. Health and safety issues are also stated in EMP and these have to cover all prescribed legal requirements. It might also serve own personnel on environmental issues such as guiding personnel in organization towards certain objectives and increase safety issues.

The EMP also defines exact roles and responsibilities for supervisors inside the organization, ARM and point out clearly required inspections and maintenance in practice.

In the end EMP should be reviewed occasionally to ensure it reflects the current situation.

Ideally, the EMP should continuously improve through reviews. The review of EMP should include any significant changes to activities or legislation, result of inspection and maintenance programs and public complaints.

Nowadays environmental issues have gained a big role in business and importance of good EMPs has grown vastly. Companies with good products and ecological footprint have public goodwill, because customers require high quality products and services, but they also expect environmental friendly products hence this acts as a social responsibility policy.

The Development Project entails the fulfillment of the following roles

Ø That the Proposed Environmental Management Plan achieve impact minimization of pollution

Ø That the Proposed Environmental Management Plan increases the spatial functionality of the Athi River Mining Company within its local context.

1.6. Statement of the location and area coverage of the Development Project

The Planning Development Project Study area is Athi River Mining Company, located in Mavoko Municipality, Machakos District, Eastern province in Kenya.

Mavoko is located 23 km South of Nairobi and about 35 km N.West of Machakos town along the Nairobi-Mombasa Connection Axis (Mombasa Road A109).It borders Kajiado District to the West and South and Nairobi City to the North and it is located in Kathiani division, Machakos District. It covers an area of approximately 693 sq.km and lies between Longitudes 36.8 degrees and 37.1 E and latitudes 1.4 Degrees and 1.5 S, lying above 500m above sea level

Athi River Mining Company industrial plant covers an area of 81,345m2 with major land uses adjacent to the plant being residential and commercial land uses. The plant is located on Mzee Paunrhana Rd, the main transport spine inside Mavoko’s Central Business District, which is off the major artery, Nyambura-Makadara Rd. in Mavoko Municipality’s road network and this places it in areas close to middle and low income residential areas.

It neighbours Rift Valley Railways-Marimbeti Station staff quarters to the North, it is bordered by Kosovo and Nyambura informal settlements across the Mzee Paunrhana road to the East and the Athi River Mixed Primary School and is adjacent to the road which serves as its entrance

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1.7 Statement of the objectives of the Development Project

The objectives of the development project are;

Ø Preparation of spatial interventions to provide direction on the design, site layout and future environmental management within the site with regard to reducing the high levels of industrial pollution from within the production processes

Ø Implement a long term environmental management plan that will ensure reduced levels of industrial pollution from the plant and a reduction in impacts to human settlements surrounding the Athi River Mining Company Limited by the activities of the plant.

Ø Respond to the need for sustainable pollution prevention interventions at Athi River Mining Company Limited towards mitigating the adverse effects of industrial pollution

1.8 Statement of the Assumptions of the Development Project

The development project is hinged on the following assumptions;

Ø That the development proposals will significantly reduce the effects of the industrial pollution by the large scale industrial plant on the human settlements.

Ø The development proposals under this development project will be sustainable and hence mitigate the effects of the industrial pollution in the long term period.

Ø The relevant stakeholders and institutional players within the implementation schedule of the pollution prevention development proposals will provide relevant support to the realization of the objectives of the development project.

1.9 Statement of the Scope of the Development project and the organisation of the project chapters

The development project aims to cover the following areas;

Ø The re-design, construction and planning of the Athi River mining Company to reduce production oriented pollution by integrating industrial ecology principles within the current production processes and create a site buffer zone to reduce particulate pollution hence uplift the plant’s standards to become an eco-industrial plant

Ø The creation of a sustainable environmental management plan for the Athi River Mining Company to reduce the level of pollution in the surrounding human settlements

The development project will hence cover an estimated site area of 81,345m2 .This is approximately 2 hectares of land measuring 4km long by 100m wide which is covered by plant and office buildings.

The surrounding major land uses are scattered residential housing consisting of informal settlements of Kosovo and Nyambura

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Figure 1-5; Scope of development project

Source; Google Earth, 2010

Organisation of the study

The study is divided in five chapters each contributing to the overall objective of supplying information and insight into the development topic and in facilitating systematic data analysis and development alternatives and recommendations to solutions proposed

1.9.1 Chapter One: Introduction The chapter introduces the Planning Development Project topic and its problem statement. It includes the summary of the research project, the major findings and recommendations made for the Planning Development Project. It also has the Planning Development Project objectives, assumptions of the development proposals and their limitations, and scope and organization of the development solutions. It gives the rationale of the development based on the spatial evidence and conditions on the ground. It provides the working definitions for the variables in the context of the study thus capturing the essence of the study

This chapter also illustrates the research or the study design; which is the overall guide of how the research/study was carried out. It presents a detailed description of the selected research design. It describes in detail the nature and sources of data, data collections methods, the population and samples, data analysis, the data interpretation and presentation techniques.

It describes the nature of the pattern that the research intends to follow and describes the plan and strategy for conducting development

1.9. 2 Chapter Two: Review of Policy Guidelines This chapter is the review of the relevant Policy guidelines with an aim of establishing the policy framework and operational background of the development study. The review involves systematic identification, location and analysis and evaluation of policy information related to the development proposals. The review provides a understanding and insight into the previous works and trends that have been recorded pertaining to the development proposals The review starts from the global

site

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outlook and transcends to regional then to the local level and ultimately to the study area. The review has the objective of revealing contributions, weakness and gaps and fills these gaps by way of contribution. The chapter sets the foundation upon which the development solutions are analyzed.

1.9.3 Chapter Three: Situational Analysis This chapter provides information on the location, historical background and present development of the site selected for the development project. It analyses the demographic characteristics, housing, infrastructure services; socio-economic characteristics and institutional and legal framework of the area and relates these sectors to the development topic, questions and objectives. The general site characteristics are gathered through a site analysis of physical landscape and natural environmental characteristics e.g. drainage, soils, climatic conditions etc and the effect on the development pro

1.9.4 Chapter Four: Project Planning, Design and Implementation This chapter will showcase the expected outputs of the project in light of the development of spatial plan drawings at various scales and alternative plan proposals showing the site planning/design process stages. It will similarly highlight the detailed design formulation and development of detailed action plans.

It will finally highlight an implementation strategy with an implementation schedule with its time frame, costing and resource requirements and the role of stakeholders in the implementation of the project

1.9.6 Chapter Five: Monitoring and Evaluation stages in the implementation of the project This chapter assesses the sustainability of the projects. Conclusions based on the hypotheses are weighed and evaluated based on the indicators of progress to be identified. The chapter presents a summary of findings, conclusions and recommendations on intervention options in terms of guidelines to ensure the success of development project and finally gives direction for the site environmental management plan relevant to the project.

1.10 Methodology for the Development Project The scope of the study was guided by requirements in the EMCA Act No.8 of 1999 by the Environmental (Impact Assessment and Audit) Regulations, 2003. The Kenyan requirements were supplanted by reference to World Bank Operational Policies (OP 4.01-Environmental Assessment, OP 4.04-Natural Habitats, and OP 4.36-Forests)A wide range of methods were used in the various stages of the study. They included;

Ø Stakeholder Analysis Ø Scoping of Key issues and development of the Terms of Reference for the Study Ø Consultation and Public Participation Ø Carrying out of the various baseline studies

1.11 Data Collection

1.11.1 Methods of data collection The main methods of data collection include:-physical survey, socio-economic survey and literature review. Sources of these data include:-Focus group discussions with industrial sector stakeholders, observation, map analysis, photography, Key informant questionnaires, consultative discussions and research at Municipal Council of Mavoko, Kenya Industrial Research and Development Institute, National Environmental Management Authority and United Nations Environment Programme’s past reports and studies and the related scholarly articles and discussions on the internet. For purposes of

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correlation, a base map showing the existing land use and land use pattern in the study area will be essential to the development of the project.

1.11.2 Data Needs and Sources The study will involve the collection of both primary and secondary data. Primary data will be sourced from field survey, which will involve carrying out a site inventory on various site components and resource within the study area, which shall include the following;

Ø Legal requirement data such as zoning requirements, existing land uses, land tenure systems e.t.c.

Ø Local planning information such as adjacent land uses, the existing roads (name and location), open spaces e.t.c

Ø Environmental data which is categorized into two; Ø Physical and natural environment (geology, soils, vegetation, wildlife, topography, macro-

climate and micro-climate, drainage patterns e.t.c) and Ø Social environment (population and demographic data, human settlement patterns e.t.c). Ø User requirements – the functioning of the site, on-site activities and activities outside the

site, movement/circulation patterns.

On the other hand, secondary data will be sourced from libraries (University of Nairobi’s ADD, JKML and KIRDI, UNEP, Min. of Industrialisation, NEMA libraries), the Mavoko Municipal Council and the internet. The information collected from these sources will be based on industrial sector development and environment management practices.

1.11.3 Data Analysis The data collected will then be analyzed based on various categories of data needs and presented graphically in form of maps, plans, tables, photographs and charts accompanied by a well synthesized and compiled report. The maps and plans will include the following:

Ø Regional and local context of the study area Ø Location plans Ø Specific project area plans.

The data will be analyzed through computer soft-wares as MS Excel, GIS and other relevant softwares.

1.11.4 Data Presentation The data will be presented as a written report. Statistical data will be presented with the aid of graphs and charts. Maps will be the medium through which spatial data will be analyzed and presented. The authentication of spatial data will be done through the use of photographs.

1.13 Limitations The study acknowledges the presence of some limitations in the Development Planning Project that may affect the outputs of the project. There were time constraints in data collection and in the ease of access to information in some cases due to institutional bureaucracies in some data sources. There was a limitation in the overall scope of the project due to limited information on the subject of industrial ecology with respect to Kenyan context and developing countries in general. The limitation presented by the limited access to industrial establishments to relate to the development project site as relevant case studies and similarly the multiplicity of roles and responsibilities among key informants within the industrial sector leading to inconsistent and repetitive information

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1.14 Definition of Key Terms and Concepts

Environmental Management Plan An environmental management tool that is used to ensure that undue or reasonably avoidable adverse impacts of the construction, operation and decommissioning of a project are prevented; and that the positive benefits of the projects are enhanced.

Eco Industrial Development Eco-Industrial Development is a framework for environmentally-friendly development within the industrial sector by using principles of industrial ecology

Eco Industrial Plants These are a network of industrial and commercial businesses that are designed and organized to interface benignly with the local environment to cooperate with each other and with their communities to efficiently use resources, which leads to economic gains, eliminates pollution, and enhances human and natural resources.

They are also a community of manufacturing and service businesses seeking enhanced environmental and economic performance through collaboration in managing environmental and resource issues, including energy, water, and materials (Lowe et al. 1998).

Industrial Ecology This is the use of the natural environment as a model for solving environmental problems and for creating the most efficient industrial processes.

Scientifically, it is the study of the physical, chemical and biological interactions and interrelationships both within industrial systems and between industrial and natural ecological systems." (A. Garner and G. A. Keoleian, 1995).

Industrial Ecology as a framework tries to give guidance towards the transformation of industrial systems. The basic philosophy is to change linear production processes (raw materials are converted into products, by-products and wastes) into loops (used products, byproducts and wastes of one process are used as resources for another) by imitating the cyclical use of resources in natural eco-systems. Thus the goal is that of "bringing the industrial system as close as possible to being a closed-loop system with near complete recycling of all materials" (E. Lowe 1993).

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CHAPTER 2 2.0 REVIEW OF POLICY GUIDELINES

Introduction This Chapter highlights key policy documents, relevant legislation and descriptive conventions that have been ratified in the field of environmental management and industrial development. It also co-relates the same to spatial planning by incorporating standards, building codes and design guidelines that will inform the implementation of the Planning Development Project in the project site

2.1 Review of relevant policies, plans, planning policies and design guidelines within environment management

2.1.1 Environmental Management and Coordination Act, EMCA The EMCA was enacted to provide an appropriate legal and institutional framework for the management of environmental matters. It co-ordinates the various institutions tasked to regulate various sectors. These are referred to as lead Agencies, which in Section 2 are defined as any Government Ministry, Department, parastatal and state corporations or local authority in which any law vests functions of control or management of any element of the environment or natural resource.

Under the Act, Projects to undergo EIA are highlighted under Sec.58 (1), (4) Second Schedule where urban development including the establishment of industrial estates

Similarly the Act regulates Environmental Quality Standards under Sec.74 which governs the effluents to be discharged into sewerage systems.

Due to the nature of effluent discharge at Athi River Mining, the proponent should consider the following requirements, where;

Ø Every owner/operator of a trade/industrial undertaking shall discharge any effluents or other pollutants originating from the trade or industrial undertaking only into existing sewerage systems and the relevant local authority operating or supervising such sewerage systems shall issue at a prescribed fee, the necessary license to discharge

Ø The proponent/owners of a trade or an industrial undertaking shall prior to being granted a license to discharge effluents into the environment, install an appropriate plant for the treatment of such effluents before they are discharged into the environment

Under Sec.75, ARM requires a NEMA license to discharge effluents as it is provided that;

Ø Industries/Industrial undertakings require effluents discharge license issued by local authority for the discharge of any effluents into the environment.

Ø Any industries/industrial undertaking discharging effluents or other pollutants into the environment before the commencement of this Act (14th January 2000) shall within 11 months of such commenced apply to the Authority for an effluent discharge license

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The Section also highlights the necessary conditions for getting effluent discharge license under subsections (3), (4), the circumstances that would lead to a rejection of application for grant of license (5) and the procedures for renewal, validity, conditions of license (6)

Similarly, Section 76. (i) provides for the cancellation of effluent discharge license

Under Sec. 78, The Act highlights the desired Air quality Standards through the authority of the Standards& Enforcement Review Committee (SERC)

Under the sub section (1) the Standards & Enforcement Review Committee shall recommend to Authority on;

Ø Ambient air quality standards Ø Occupational air quality standards Ø Emission standards for various sources Ø Criteria and guidelines for air pollution control/ for both mobile and stationary sources Ø Any other air quality standards Ø Advice Authority on measures necessary to reduce the redesign of plants or the installation of

new technology or both to meet requirements of standards established under this section Ø Recommend to the Authority guidelines to minimize emission of Green house Gases and

identify suitable technologies to minimize air pollution Ø Advice the authority on emissions concentration and nature of pollutions emitted Ø Recommend to the Authority the best practicable technology available in the controlling

pollutants during the emission process Ø Determine for consideration by the Authority the analytical methods for monitoring air

contaminants and recommend to the Director-General the establishment of such number of laboratories for analytical services as may be needed

Ø Request the Authority to carry out investigation of actual or suspected air pollution including pollution produced by factories

Ø Request the Authority to order any industry or other source of air pollution to file such returns and provide such information as it may require

Under Subsection 2 , any person emitting substance which cause air pollution in contravention of emission standard established under this part shall be guilty of an offence and liable to imprisonment for a term of more than 5 years or to a fine of not more than 5,000/- or to both such fine or imprisonment

Therefore, in light of the pre-existing conditions of environmental degradation prevalent at the project site, Athi River Mining Limited is in contravention of the section and hence under this, any person found guilty under subsection (2) shall;

Ø Pay the cost or removal of the pollution including any costs which may be incurred by any Government agency or organ in the restoration of the environmental damage or destroyed as a result of the emission and The cost to third parties in the form of reparation, restoration, restitution or compensation as may be determined by competent court upon application by such third parties

Institutions under this Act include;

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The National Environmental Management Authority (NEMA) NEMA is established under Sec.7 of EMCA. It is the principal government institution charged with overall supervision and control over all matters relating to the environment as well as implementation of all policies related to the environment. NEMA is responsible for dealing with the Environmental management plans and coordination of the environmental management activities of the lead agencies

National Environmental Council (NEC) The NEC is established under Sec.4 of EMCA and is chaired by the Minister in Charge of Environment. It’s the highest policy making body under EMCA.NEC is responsible for policy formulation and directions for purposes of EMCA. NEC sets National goals and objectives and promotes co-operation among both public and private organizations engaged in environmental protection programmes

Provincial and District Environment Committees Under Sec.29 (1) of EMCA, the Minister shall by notice of Gazette appoint Provincial and District Environment Committees of NEMA in respect of every province and district. These committees shall assist NEMA in effectively carrying out its functions of proper management of environment at these levels. The membership of these committees include inter alia representatives of farmers, pastoralists, the business community, women and youth

Public Complaints Committee (PCC) The PCC is established under Sec.31 of EMCA. The PCC is concerned with the investigation of complaints relating to environmental damage and degradations generally. The PCC has powers to investigate complaints against any person or even NEMA or on its own motion investigate cases /complaints of environmental degradation. The PCC is required by law to submit reports of its findings and recommendation to NEC. The law however is weak as it does not provide PCC with the mandate to see its recommendations carried through. Further, NEC is not specifically required to do anything with regards to reports submitted by the PCC and will often adopt the same without doing any further follow up action. So far the PCC has experienced challenges such as failure to honor summons, hostility between parties, towards PCC investigators, lack of understanding of EMCA and abdication of duty by lead agencies.

Standards and Enforcement Review Committees (SERC) The SERC is a committee of NEMA and it’s established under Sec.70 of EMCA. It is a technical Committee responsible for the formulation of environmental standards, methods of analysis, inspection, monitoring and technical advice on necessary mitigation measures. The permanent Secretary under the minister is the Chairman of SERC. The members of the SERC are set out in the Third Schedule to EMCA. They consist of representatives of various relevant Government Ministries and parastatal that are lead agencies as well as those responsible for matters such as economic planning, national development, finance, labor, public works, law and law enforcement e.t.c. Other members are drawn from public universities and other government institutions. To operationalise the Act, NEMA through this Committee has issues the following regulations which have a bearing on the proposed project in regard to compliance with national requirement

Ø The Environmental (Impact Assessment and Audit) Regulations. Legal Notice No.1 Ø The Environmental Management and Co-ordination (Water Quality)Regulations 2006,Legal

notice No.110

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Ø The Environmental Management and Co-ordination (Waste Management)Regulations2006, Legal notice No.111

National Environment Tribunal (NET) The NET is established under Sec.115 of the EMCA Act for the purpose of hearing appeals from administrative decisions by organs responsible for the enforcement of environmental standards. An appeal may be lodged by a project proponent upon denial of the EIA License or upon the granting of an EIA license to a project proponent by the community. NEMA might also refer to any matter that involves a point of law or is of unusual importance or complexity to NET for direction. The proceedings of NET are not as stringent as those in a court of Law and NET shall not be bound by the Rules of evidence as set out in the Evidence Act. Upon Making of an award, NET’s mandate ends there as it does not have the power to enforce the award. EMCA provides that any person that is aggrieved by a decision or award from NET may within 30 days appeal to the High Court

National Environment Action Plan Committee (NEAP) The National Environment Action Plan Committee (NEAP is established under Section 37 of EMCA. This cross sectoral committee is responsible inter alia for the development of a five year national environment action plan. The national environmental action plan shall contain among other aspects analysis of the natural resources of Kenya and their distribution, quantity and various uses. It shall also recommend legal and fiscal incentives for business that incorporate environmental requirements into their planning and operational processes as well as set out guidelines for the planning and management of the environment and natural resources. The national environment action plan shall upon adoption by parliament be binding to all organs of government. Provincial and district environmental committees are also required to develop their own five year environmental action plan

2.1.2 The Legislative Framework

Land Tenure and Land use Legislation

Land tenure refers to the terms and conditions under which rights to land and land based resources are requires held transferred or transmitted. Land tenure systems fall into three basic categories; private, modern, communal or customary and public or state. Under private tenure, property rights are assigned to the individual while under the communal tenure system, these rights are assigned to a group of individuals. Public tenure obtains its mandate in the former Crown Lands and includes national plants, alienated and unalienated lands. Land use on the other hand refers to the utilization of land for agriculture, tourism, grazing, wildlife management, forestry, water conservation e.t.c. These are all valid and nationally productive uses of land. They are however competing and often give rise to land use conflicts.

Government Lands Act, Cap 280 Under this Act, government lands are vested in the President who has the power to make inter alia make grants or disposition of any estates, interests or rights in or over unalienated government land. The Government Lands Acts is key to the discourse on communal rights in that in some areas, land used pursuant to communal land tenure systems is in fact Government land usually what is known as unalienated government land.

Registration of Titles Act, Cap 281 This act provides for the Transfer of land by registration of titles. When the Commissioner of Lands issues a letter of Allotment to any person in respect of any land, the law applies. A freehold title issued under this Act confers absolute control upon individuals or other legal entities upon a given

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parcel of land. It confers upon them power to determine the use to which such land is put. A leasehold title contains conditions such as the term of lease, commencement date thereof, the user of land e.t.c.

The land parcel is covered in the Inland Registry as it lies within the provincial areas i.e. Eastern Province

Public Health Act, Cap 242 The Act makes provision for securing and maintaining health. Part IX contains provision regarding sanitation.Sec.115 of the Act states that no person shall not cause nuisance or cause to exist on any condition liable to be injurious or dangerous to human health.Sec.116 requires that Local Authorities take all lawful, necessary and reasonably practicable measures to maintain jurisdiction clean and sanitary to prevent the occurrence of nuisance or condition liable to be injurious or dangerous to human health.

Such nuisance or conditions are defined under Sec.118 as waste pipes, sewers, drains or refuse pits in such state, situated or constructed as in the opinion of the medical officer of health to be offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any premises into the public street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge is also deemed as nuisance. Other nuisances are accumulation of materials or refuse which in the medical officer of health is likely to harbor vermin

The Act also contains provision on discharges of pollutants into water sources. On responsibility of the Local Authorities Part XI,Sec.119, of the Acts states in part’ It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measure for preventing any pollution dangerous to health which the public within its district has a right to use and does use of drinking and domestic purpose.

Part XII, Section 136, Stated that all collections of water, sewage, rubbish, refuse and other fluids which permit or facilitate the breeding or multiplication of pests shall be deemed nuisances under this Act. This part seeks to guard against the breeding of mosquito which is key as they cause malaria which is one of the major causes of death in this country

Local Authority Act Cap.265 Sec.160 helps local authorities ensure effective utilization of the sewage systems. It states in part that municipal authorities have powers to establish and maintain sanitary services for the removal and destruction of , otherwise deal with kinds of refuse and effluent and where such services is established, compel its use by persons to whom the services is available. However to protect against illegal connections, Sec.173 states that any person who without prior consent in writing from Council erects a building on excavates or opens-up; or injuries or destroys a sewer, drain or pipes shall guilty of an offence. Any demolitions and repairs thereof shall be carries out at the expenses of the offender

Section 170 allows for the right to access private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs to works.

Physical Planning Act 1996 The Act makes provision for development control. The Local Authorities is mandated under Section 29 of the Act reserve and maintain all land planned for open spaces, plants, urban forests and green belts. The same section therefore allows for the prohibition or control of the use and development of land and buildings in the interest of proper and orderly development of the area

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Section 30 states that any person who carries out development without development permission will be required to restore the land to its original condition. It also states that no other licensing authority shall grant license for commercial, industrial use or occupation of any building without a development permission granted by the respective local authority.

The mandate for the preparation of the local physical development plan is provided by the Physical Planning Act (PPA) Cap 286 under Section 24 where:-

The director may prepare with reference to any Government land, trust land or private land within the area of authority of a city, municipal, town or urban council or with reference to any trading or marketing centre, a local physical development plan.

A local physical development plan may be a long term or short term physical development or for a renewal or redevelopment and for the purpose set out in the Third Schedule in relation to each type of plan.

The purpose of renewal or redevelopment plans as provided by the Physical Planning Act (PPA) Cap 286 (Third Schedule) include:-

Ø Providing a broad land use framework illustrating a coordinated policy of renewal and guiding both public and private redevelopment

Ø Providing a road pattern and traffic networks designed to improve vehicular access and planting space and also facilitate segregation of vehicles and pedestrians.

Ø Providing a basis for determining development applications on extensions of leases, extension of users and change of users.

Section 36.In connection to a development application, local authority is of the opinion that the proposed development activity will have injurious impact on the environment, the application shall be requires to submit together with the application an environmental impact assessment report. EMCA echoes the same by requiring that the EIA approved by NEMA should be followed by annual environmental audits

Building Code In recognition of the role of local authorities as lead planning agencies, the adoptive by-law compels any potential developer to submit their development application to the relevant local authority for approval. The local authorities are empowered to disapprove of any plan submitted if it is not correctly drawn or does not provide sufficient information that complies with the by law.

Any developer who intends to erect a building must give the concerned local authority a notice of inspection, before the erection of the structure.

After erecting the development, a notice of completion shall be issued to the local authority to facilitate approval and final inspection. No person shall therefore occupy a building whose certificate of completion has not been issued by the local authority. As a precaution against fire breakouts the by-law states that the walls of any premises shall be non-combustible through-out. Similarly, every building shall have fire resistance. The by-law in Sec.214 indicates that any development where the floor is more than 20ft above ground level, the council may recommend the provision of firefighting equipment that may include one or more of the following; hydrants, hose reels and fire appliances, external connections, portable fire appliances, water storage tanks, dry risers, sprinklers, drenchers and water spray spring protector systems

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The Water Act 2002 The Water Act vests all the rights to water to the State and power for the control of all body of water with the Minister, the powers exercised through the Minister and the Director of water resources in consultation with the water catchment boards. It aims at;

Ø Conservation of Water Resources Ø Appointment and use of water resources

Part II, Sec.18 of the Water Act provides for national monitoring and information system on water resources.

Pollution of any water course is an offence and the Act also prohibits whoever throws conveys or cause or permits throwing of trade wastes, rubbish, dirt, effluent to any water. It enhances the ministry’s capacity to enforce the Act by reviewing the water user fees.

Section 76 states that no person shall discharge any trade effluent from trade premises into the sewers of a licensee without the consent of the licensee upon application indicating the nature and composition of effluent, the maximum quality anticipated, flow rate of the effluent and any other information considered necessary. The consent shall be issued on conditions including payment of rates for discharge as may be provided under Section 77 of the Act.

Way leaves Act Cap 292 Sec. 3 of the Act empowers the Government to carry any sewer, drain or pipeline into, through or over or under any lands whatsoever but may not in doing so interfere with any existing building.

Electricity Act No.11 of 1997 The Act deals with generation, transmission, distribution, supply of electrical energy as well as the legal basis for establishing the systems associated with these purposes

Sec.9 (3) addresses environmental integrity of the power generating systems which must be considered by the board in recommending the grant of licenses to the Minister

In this respect the following environmental issues will be considered before approval is granted

Ø The need to protect and manage the environment and conserve natural resources Ø The ability to operate in a manner designated to protect the health and safety of the project

employees, the local and other potentially affected communities.

Factories Act Cap 514 The Act was enacted to provide for the health, safety; welfare of persons employed in factories and provides the formation of Health and Safety Committee in work places.

Sec.13 provides that a factory shall be kept clean in a state free from effluvia arising from any drain, sanitary convenience and nuisance. Section 14 prohibits overcrowding of factories and provides specific measurements for space required for each employee less than which shall constitute overcrowding.

The Act also requires that factories should have adequate ventilation, lighting, drainage of floes and sanitary conveniences separate for each gender. Provision is also made for footwear, goggles, gasmasks and head covering, and maintained for the use of workers in any process involving being exposed to any wet or injurious or offensive substances.

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Part V contains general provisions regarding safety in factories and makes it mandatory to fence machinery parts that are dangerous and there is also special precaution for work in closed and confined spaces where persons are liable to be overcome by dangerous fumes.

Similarly, Sec 42. provides for a readily maintained means of fighting fire.

Legal notice No.31 of 2004 contains rules for the creation and management of Occupation Health and Safety Committees. Further it is a requirement under these rules to post an Abstract of the Factories Act in Key sections of the Factory

The Occupational Health and Safety Act, 2007 The Act makes provision for the health, safety and welfare of persons employed in factories and other places of work. The provisions require that all practicable measures be taken to protect persons in places of work from dust, fumes, and impurities originating from any process within the work place. The provisions of the act are also relevant to the management of hazardous wastes that may arise at the project site

The act provides for all necessary safety precautions to ensure the health and safety of workers’ under the Mining Act Cap 306

Employment Act Cap 226 & The Regulation of Wages and Conditions of Employment Act Cap 229 These acts deal with Employee rights. They form the minimum standards of employment

2.1.3 Relevant Government Sessional Papers

Sessional Paper No.6 of 1999

This Sessional Paper elucidates on the Connection between environment and development. It highlights Key environmental challenges. It provides priorities for action, implementation strategies and capacity building. It states the overall goal is to integrate environmental concerns into the national planning and management processes and provides guidance for environmentally, socially and economically sustainable development

Sessional Paper No. 1 of 2002

The Sessional paper for sustainable development which is an update of Sessional Paper no.4 of 1984 on population policy guidelines, addresses issues on environment, gender, poverty and problems faced by segments of the population including the youth, the elderly and persons with disabilities. Outlined in the paper are population and development goals and objectives including improvement on standards of living quality of life of people; full integration of population concerns into development process; motivating and encouraging Kenyans to adhere to responsible parenthood and empowerment of women. The problem of HIV/AIDS is also addressed. The environmental management plan is also in line with is Sessional Paper

The Poverty Reduction Strategy Paper (1999) on Environment and Development

The strategy paper was published by the government 2001; the two key goals of the strategy are poverty reduction and economic growth. The document outlines the priorities and measures necessary for poverty reduction and economic growth. The objectives of economic growth and poverty reduction are borne out of realization that economic growth is not a sufficient condition to ensure

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poverty reduction. In this regard, measure geared towards improved economic performance and priority actions must be implemented to reduce the incidence of poverty, adequate awareness to be created among stakeholders regarding environmental costs and benefits. It calls for community involvement and participation in environmental management and conservation

2.1.4 International Conventions and Treaties

Conventions are legally binding bilateral, regional and international agreements that are binding to the states that are party to thereto. Kenya has ratified some of the most important conventions on environment and is hence bound by the same;

Ramsar Convention On Wetlands Of International Importance

Kenya ratified the convention in June 1990.The Convention is primarily concerned with the conservation and management of wetlands. Parties to the convention re required to promote wise use of wetlands in their territories and to also take measures for the conservation by establishing reserves whether in the Ramsar List or not.

The National Wetland Standing Committee of Kenya Inter-Ministerial Committee on Environment (IMCE) defines wetlands as areas of land that are permanently, seasonally or occasionally water logged with fresh, saline, brackish or marine water including both natural and man-made that support characteristic biota. For this reason the management plan is supposed to observe the Ramsar Convention’s principles of the wise use of the wetlands in the project area

Convention on Biological Diversity

The CBD is one of the outcomes of the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992. The CBD established a global legally binding framework for the conservation of biodiversity, the sustainable use of its components and the fair and equitable sharing of benefits arising out of utilization of resources. The provision of this convention should be taken into account in the conservation of various species of plants, animals and the variety of ecosystems in the project area

The Rio Declaration and Agenda 11

The Rio Declaration and Agenda 21, the action plan for the 21st century are two non-legally binding instruments adopted by the 1992 United Nations Conference on the Environment and Development (UNCED) while the Rio Declaration contains general principles and objectives, Agenda 21 contains detailed guidance on their practical implementation. Principle 4of the Rio Declaration provides that in order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it. Principle 25 accentuates this by stating that peace, development and environmental protection are interdependent and indivisible

In an effort to control levels of air pollutants from industries, Geneva Convention on long range transboundary air pollution was signed. Other Conventions include the Montreal protocol ion substances that deplete the Ozone layer

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The World Commission On Environment And Development (The Brundtland Commission Of 1987)

The Commission in its 1987 Report ‘Our Common Future’ focused on the environmental aspects of development, in particular to the emphasis on sustainable development that produces no lasting damage to the biosphere and to particular ecosystems in addition to environmental sustainability is economic and social sustainability. Economic suitable development is development for which progress towards environmental and social sustainability occurs within available financial resources. The concept of the EMP is embodied in many multilateral environmental agreements. Principle 17 of the Rio Declaration provides that environmental impact assessment as a national instrument shall be undertaken for proposed activities that are likely to have a significant impact on the environment and are subject to a decision by a competent national authority

2.2 Institutional Framework Mavoko Municipal Council, MMC

This is the principal lead agency in matters pertaining to planning in Mavoko Municipality. The local Government Act Cap 265 clearly defines the functions of this key institution. Sec. 166 empowers it to be responsible for all the local planning and development control in the municipal. The Physical Planning Act cap 286 also confers upon local authorities the power to control development in their areas of legal jurisdiction, according to Sec.29 (a) the Act grants MMC the power to prohibit or control the se and development of land or buildings in the interests of proper and orderly development in the area

Director Of Physical Planning

The Physical Act Cap 286 establishes the office of the Director of Physical Planning. The Duties of the Director of Physical Planning shall include the following

Ø Formulating national, regional and local physical development policies, guidelines and strategies

Ø Responsibility for the preparation of all regional, local and national physical development plans

Ø From time to time initiating, undertaking or directing studies and research into matters concerning physical planning

Ø Advising the Commissioner of Lands and local authorities on the most appropriate use of land including management such as change of user , extension of user , extension of leases, subdivision of land and amalgamation of land

Ø Requiring local authorities to ensure proper execution of physical development control and preservation orders

Ministry Of Local Government

The Department Of Urban Development within the Ministry of Local Government is among the Lead agencies in urban development. The department is responsible for initiating and coordinating all key development projects in all local authorities in Kenya

Through the Director of Urban Development, the lead agency is equally responsible for monitoring all development projects in the affected urban local authorities

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Mavoko Municipality Residents, General Public

The development of ARM’s environmental management plan is going to attract public interest. An extensive public participation process has hence to form a significant part of the plan. Specific reference is made to Sec.17 of the Environmental (Impact Assessment and Audit) Regulations 2003 which state that

‘…The proponent shall in consultation with the local authority seek the views of the person who may be affected by the project.’

The above expressly underscores the concept of public participation in planning

The Challenges facing Industrial sector

Ø Management of liquid and solid waste is still not addressed sufficiently within the legislative provisions of the Factories Act

Ø Enforcement of standardized technologies has not occurred since the individual companies have different production capacities.

Ø Regulation and management of toxic and hazardous chemicals that are a result of the industrial processes

Ø Control of noise and air pollution and its effects on the human settlements Ø Adoption of cleaner production mechanisms and technologies for better productions and

productivity Ø Compliance to EMCA 1999 and relevant legislation & policies is still a major constraint Ø Effective implementation of the Physical Act 1996 within the industrial framework Ø Lack of a one stop shop for all licenses by relevant institutions

Proposed interventions

Ø Enhanced use of cleaner production methods Ø Enforcement and implantation of standardized technologies Ø Finalization and implementation of regulation on toxic and hazardous chemicals Ø Enforcement of EMCA, 1999, relevant legislation and policies Ø Enforcing Physical Planning Act of 1996

Challenges in Environmental governance

Ø Lack of adequate capacity to interpret and enforce environment legislations by industrial personnel

Ø Harmonization of environmental legislation and institutional mandates Ø Incorporation of community and pre-existing rights into natural resource utilization Ø Acceptance to pay for use of ecosystems Ø Devolving of court systems up to the village council level and local environmental courts to

help in fast tracking environmental decisions/cases Ø Devolve funds for environmental management

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Proposed interventions

Ø Build capacity to domesticate concepts and synergies in institutional partnerships Ø Institutions with democratic, transparent and accountable environmental rules and regulations Ø Institutionalize participation, consultative and community inclusive environment management Ø Review National sectoral and transboundary environmental laws to ensure harmony in

national resource management Ø Build capacity to promote sustainable utilization of natural resources Ø Use of incentives to promote compliance Ø Incorporate transboundary management into existing environmental law Ø Enhance enforcement of EMCA 1999 and other legislation on natural resource utilization Ø Valuation of ecosystem services and goods in monetary forms Ø Devolvement of funds with specific percentage for environmental management

2.3 Reference to relevant case studies Introduction

The section presents a case study on sustainable management of quarrying activities within a neighbourhood. It further gives insight in terms of lessons drawn from the case study that can be applied in the case of Athi River Mining’s quarrying activities within Mavoko Municipality neighbourhood to ensure sustainable development.

2.3.1 Case Study on Environmental Management of Large Scale Industrial Activities

International Case Study; Barney Street Quarry Australia

Barney street quarry started its operations in 1800’s as a blue metal quarrying supplying aggregate and ballast for local railway works. It is located 90 minutes drive south of Sidney in Australia. The quarrying is almost circular in shape and appears to have been excavated mechanically as there is no obvious evidence of blasting. The maximum height of the quarry wall is about 15 meters. Surrounding development consists of residential development and includes nearby low – key tourist accommodation. Special consideration was paid develop a plan to ensure that the industrial operations within the quarry did not have an adverse impact on residential amenity.

Aims and Objectives of Barney Environmental Management and Development Control Plan

The aims and objectives of the Development Control Plan as contained in Sec.4 of the plan include the following:

Ø Recognize the fact that the Barney Street Quarry is sited within a residential area. Ø Identify uses of the Barney Street Quarry which are considered inappropriate because of their

likely impact upon the amenity of neighboring residences. Ø Ensure activities undertake in the Barney Street Quarry do not interfere with developments of

adjoining and adjacent residences due to the hour the activity is conducted or the manner in which the quarry activities are conducted.

Ø Ensure activities undertaken in the Barney Street Quarry do not pollute or degrade the environment;

Ø Identify a geotechnical constraint which exists in Barney Street Quarry and appropriate remedial measure which may be undertaken

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Environmental Management Mechanisms Contained in the Environmental Management and Development Control Plan

Pollution Issues

Due to the proximity of surrounding residential development, any activity which occurred within the Barney Street Quarry had the potential to create a noise nuisance. To minimize the impacts of noise and the potential disturbance to nearby residents the following guidelines apply to any activity conducted within the quarry.

Ø Generally trading laws/ laws of operation and restricted to:- Ø 7.00 a.m to 6.00 p.m Monday to Friday Ø 7.00 a.m to 4. p.m Saturday. Ø No works on Sunday or public holidays. Ø Generally delivery vehicle or movements to and from the quarry are restricted to:- Ø 7.00 a.m to 6.00 p.m Monday to Friday Ø 7.00 a.m to 4. p.m Saturday. Ø No movements on Sunday or public holidays. Ø Delivery vehicle movements outside these hours are limited in their frequency and should

only involve access to and from the site for secure planting purpose and /or basic serving not involving significant noise generation activities (e.g. body repairs or testing of engines). No vehicle movements at all occur between 6.00p.m and 7.00 a.m or before 9.00 on Sundays and public holidays.

Ø All delivery vehicles or equipment have their engines switched off while loading or unloading or queuing to load or unload and leave as soon as possible after arrival.

Ø All delivery vehicles leave the quarry immediately after starting of engines vehicles should not be allowed to idle for unnecessary lengths of time

Ø Where possible the loading or unloading vehicles and the moving of bulk materials is not carried out before 8.00 a.m to avoid this, early loads are loaded into vehicles prior to 6.00 p.m on the previous day.

Ø Employees are advised to take reasonable time to load or unload their vehicles without unreasonable impact, including the shutting and closing of tailgate.

Ø All drivers of truck are instructed that when leaving the quarry they should turn right into Barney Street and observe ‘drive neighborly’ procedure.

Ø Trucks and other equipment are fitted with noise reduction equipment to achieve performance standards set down by the NSW environment protection authority. Regular maintenance and checking of compliance is undertaken

Fumes and Emissions

Fumes, smoke, dust and other odours not only create an air pollution problem but can also cause disturbance to persons through aggravating allergies and diseases, dirty laundry or entering homes. To ensure activities in Barney Street keep these potential impacts to a minimum, the following guideless apply:-

Ø Access roads, driveways and car packing arrears are sealed. Ø All vehicles and equipment are regularly checked to ensure that they meet maximum emission

standards.

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Ø Activities do not cause perceptible odours, fumes smoke, gas vapors, steam soot, ash, and dust or grit that will affect neighboring properties.

Ø Large unsealed areas, although not encouraged, are watered down regularly to reduce dust.

Other Pollution

Activities conducted in the Barry Street Quarry must not involve;-

Ø Vibration being felt in neighboring premises. Ø The erection of building or structure that is clearly visible from the street, other public places

and an adjoining residential property that is unsightly constructed of highly reflective, lightly colored materials.

Ø The likely discharge of contaminates solid or liquid – into the sewerage system. Ø Ground contamination of soils by the deposition of liquid or solid wastes, including oil

products and chemicals or their compounds, on the soil. Ø The accumulation of waste materials on the site other than those properly stored and to be

disposed of by a regular collection system. Ø The washing down of vehicles or machinery, unless appropriate wash bay facilities have been

installed to meet the requirements of the environmental protection authority and Sidney Water Corporation.

Waste Disposal

Adequate provision is made for on – site collection and storage of waste products and recyclable materials, generated by the quarry activities. The waste collection and storage area is designed and located in a way that does not adversely impact in neighboring premises.

Geotechnical Constraints

Council previously commissioned a geotechnical stability risk assessment of the Barney Street Quarry to assess the stability of the rock slopes and wall o the abandoned quarry. The geotechnical investigations have found that instability of the quarry wall is influenced by a number of factors including:-

Ø Vegetation growing out of the rock face reduces stability of blocks by increasing the rate of weathering and forcing open joints.

Ø Excessive water pressure caused by heavy surcharges of rainfall, may be sufficient loosen unstable blocks.

Ø Failure of individual or small groups of block (e.g. toppling, slidings blocks or rocks falls).

The geotechnical assessment has reviewed a number of options for remedial measure. It has been recommended that a range of measure be judiciously present at different location around the rock face. These remedial measures include:-

Ø Burning – down loose material – where loose blocks are identified and forced off the rock face under controlled conditions. This process needs to be repeated every few years, as slope weathers and blocks loosen.

Ø Provision of drainage of excess water from behind the rock face and area just beyond the crest of the rock face to prevent the build of excessive water pressure.

Ø Removal of vegetation from the slope and poisoning of roots to ensure re-growth does not occur. Ongoing control of vegetation is essential.

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Ø Rock bolting and strapping of potentially unstable blocks of rock. Rock bolts penetrate through the loose block and anchor into a solid rock mass. Bolts and straps are protected from corrosion (galvanized and inspected on a regular basis).

Ø Installation of a catch fence as a “passive” treatment to control the consequences of rock falls rather than prevent them. Catch fences are combined with a buffer zone at the base of the slope (an area where rocks can fall without risk of damage of property or persons). A trench is incorporated within the buffer zone, and filled with energy absorbing materials (e.g. grave or vegetation) designed to control the impact of fall rocks.

Ø Any development application involving the erection of building or the use of land for open storage purpose will need to be accompanied by a geotechnical report, prepared by qualified geotechnical engineer. The report should identify potential hazard and appropriate remedial measures and constraints. In granting development consent, council is to impose conditions requiring appropriate remedial measure to be taken to restrain or control the fall of rocks from the cliff wall at the quarry.

Signage

A single, directory-type communal advertising structure, identifying each of the activities taking place within the Barney Street Quarry is established at the extreme of the quarrying. The sign is double sided and have dimensions of not more hand 2.5 meters in height and 1.5 meters in width.

Landscaping

Landscaping is used to screen building, planting and storage areas from adjoining residential properties and from public vantage points. Landscaping is also used to enhance development within the Barney street quarry, and provide relief from large areas of hard paved surface (e.g. car planting area, storage area).

2.2.2 Lessons Drawn from the Case Study.

The operation of quarries can give rise to land use and environmental issues which need to be mitigated and controlled through the planning system. The Kiama Municipality Guidelines seek to identify those issues and to suggest best practice in dealing with them. It is important that planning authorities should recognize that industrial activities are accompanied with varying environmental impacts, and that the planning response to proposed developments should be tailored accordingly. These Management Mechanisms are intended to:

Ø Offer guidance to Kenyan planning authorities on planning for the quarrying industry through the formation of an environmental management and development plan and determining applications for planning permission for quarrying and ancillary activities.

Ø Be a practical guide to the operation and development of industrial activities in relation to other land uses Mavoko Municipality.

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2.3 Statement of the Conceptual Framework and theoretical principles

2.3.1 Theoretical Framework Concept of Compatibility

The existence of industries and other land uses within a neighborhood in urban areas must take into consideration both the needs of the industry and those of the urban area and its inhabitants. Rigid zoning that separate offensive heavy industrial activities from core areas of human settlement and other land uses may be viewed harmful by the industrial operators. This could be because the local employment, and market have reduced as more workers and industrial companies must face longer journey to work in “zoned” industrial estates and to the market areas respectively. However, the implications of the industrial activities and implications on development other land uses must be put inconsideration. As land use planning continue to advocate for separate allocation of urban lands for “primary functions” such as residential, industrial, businesses, it should acknowledge that other uses may be permitted together with the primary ones, if a case can be made for them through proper planning in terms of clear planning standards and regulations, vigilantly implemented and observed to ensure the compatibility of these land use.

Concept of Sustainability

Sustainable urban development entails a dynamic, multi - dimensional process, covering environmental as well as socio – economic and political institutional well – being. The coexistence of industrial activities and other land uses within the urban areas should engenders the roles of urban areas such as socio – cultural, economic, environment and political to ensure sustainable development.

For realization of sustainable development within the urban areas the coexistence of industrial activities such as quarrying activities in relation to other land uses should ensure the following:-

Ø Economic efficiency in the use of development resource. Including the services provided by the natural environment while maintaining natural resources stocks at or above their present level.

Ø Social equity in the distribution of development benefits and cost for instance the benefit of the industrial activities. This is to be ensured with particular emphasis on the needs of low – income, groups within the residential neighborhood, and avoidance of unnecessary foreclosure of future development options

Main Principles of Sustainability

(a) Futurity

The existence and operation of industrial activities in close proximity to a residential neighbourhood should be carried out putting in mind the future possible outcomes; these are in terms of possible implications it may pose on the development of other land uses. This is addressed through planning time scales with full consideration of environment change.

(b) Environmental sustainability

The coexistence of industrial activities and other land uses is to consider environmental protection and conservation to ensure their continued healthy coexistence in the course of operation of the activities and development of the other land uses.

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(c) Inter – Societal Equity

Benefits that may be generated and costs of development of industrial activities and neighborhood ought to be shared equitably across all the bracket of the society, without excluding others

(d) Inter – Generational Responsibility

Entails concern for future generations where capital assets are concerned, As industrial activities such as quarrying utilize capital assets such as land, it should considered it sustainable use to give a chance to the future generation.

2.2.3 Application to Study Area

Compatibility of Land Uses

Broadly, ensuring compatibility between industrial land uses such as quarrying and other land uses areas is to be determined by factors that influence the location of such industries. The factors include physical, economic, social and political, often operating collectively.

Physical Factors

1. Land

The demand for land must be accounted for: What kind of land is available for industrial development or residential neighbourhood development in the proposed locality? If an industrial activity demands a very large area and employs only a small number of workers, it should be located in the periphery rather than within other primary land uses such residential neighbourhoods. Suitability of the land with regards to local bearing (carrying) capacity should be accounted for as well as aspect of drainage.

2. Services

Availability of services at an appropriate scale: water, drainage, sewerage and sewerage and effluent disposal, power supply (electricity gas), transport and communication facilities, including roods and facilities within the locality linking as primary distributors and the use or consumption of the above services should not generate any conflict between the different land uses. Often the trend has been to locate industrial activities near railway lines, waterways, main motor roads, in places where it is easy to draw water and emit sewerage near high tension power lines, gas mass, oil pipelines without considering the implications of these on neighboring land uses and developments

3. Environmental Aspects/ Concerns

Industrial activities, especially heavy industries need to be sited in locations they are not likely to harm public amenity. Such effects could be inform of air pollution, a threat to both animals and plant but also leads to corrosion of physical fabric such as building materials, water pollution and poisoning (of rivers, swam), soil pollution – use of agrochemicals or spillage of industrial effluent, creation of spoil heaps – pollute air, soil and water and noise from traffic and emission of poisonous fumes into the air by the same and the industry itself. These are likely to hinder the development of other land uses in close proximity with the industrial activities

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Economic factors

These vary with the requirements of individual industrial activity, and only location needs an economic base that is suitable in terms of; availability of raw materials, efficiency and variety of other existing industries, linkages with other industrial development and whether these could present serious competition and useful assistance, accessibility to raw material and markets, availability of skilled and unskilled labour, and traditional relations between employers and employees. Industrial activities with greater requirements seek a site near traffic routes, to facilitate commuting from a more extensive area. The attempt to achieve these should ensure its compatibility with other land uses such as residential land use, which also rely on these services.

Social Factors

This looks at the problems which rise when industrial activities locate in close proximity with other land uses, such residential land use, from the point of view of the population. This takes into account aspects such as; the harmfulness of the industrial activity. This would include emergence of new behaviour patterns such as night activities, high crime rate and prostitution e.t.c, if the effects are undesirable and cannot be mitigated, then the industrial activity or land use should be located suitably far away.

Sustainable Development

The existence of industrial activities adjacent to a particular neighborhood within an urban area should offer an opportunities of meeting the needs of the present generation without compromising the ability of future population to meet their own needs. These needs are economic, environmental, social cultural and health services, and political needs.

Economic needs

The location and operation of industrial activities should give access adequate income or livelihood to the neighborhood population more particular to unemployed. This activity should minimize use of the raw materials; land and the underlying rocks or waste of non renewable resources to cater for the future generation.

Environmental Needs

Industrial activities should not hinder safe and healthy accommodation within the neighborhood with adequate provision of water, sanitation, and drainage. It should ensure the neighborhood is protected from environmental hazards. The waste from the industrial activities should not be directed to the river in close proximity since it is has no capacity to break down biodegradable waste.

Social Cultural and Health Services

The operation of industrial activities should not hinder the provision and use of facilities and services that provide health care, education and transport. Their role is to ensure there is effective and efficient co- operation for sustainable development. Industrial activities from Athi River Mining affect the use of facilities and services such as schools that are located close to the quarrying activities.

Political needs

Political needs of a population includes freedom of participation in national and local politics and in decision regarding management and development of one’s home and neighborhood within a broader

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framework, which ensures respect for civil and political rights. Decision to locate an industrial activity within a neighborhood and its operation and management should be all inclusive to ensure that politics for the development of neighborhood and that of the existence of industrial activities are in harmony to ensure sustainable development. For instance if the conflicts that rise between residential land use and industrial activities in Mavoko is used by politicians or a political group to foster their own political ambitions is likely to hinder democracy that is to affect rational decision making within the neighbourhood to ensure sustainable development of the two different land uses. Sustainable development that meets political needs enable keeping intact or enhancing social human and political capital.

This conceptual framework can be diagrammatically illustrated as shown below in Fig 2-1

The existence of industries, such as Athi River Mining Company Limited and other land uses in close proximity to human settlements in urban areas must take into consideration both the needs of the industry and those of the settlements and its inhabitants. The below diagrams show the importance of consideration of the industrial activities impacts on the social aspects i.e. the level of social sustainability of its location within a given human settlement and similarly the consideration of its compatibility within the existing institutional frameworks including the ecological, economical, social and even political factors in light of the core essence of sustainable development

FIGURE 2-1; Conceptual framework for Industrial Activities within Human Settlements

Similarly, in designing a pollution prevention intervention from within the product processes within the industrial plant, it is necessary to incorporate a framework of addressing the functional aspects that will enhance the practicality of this approach.

Source; Author, 2010

INDUSTRIAL ACTIVITIES

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The model framework should be one that functionally appreciates the design of industrial plants in that sense merges the pollution prevention interventions modeled by industrial ecology principles that encourage cleaner development mechanisms, and the production processes within the plant

A model framework of plant layout is given below to provide guidance on the production process so as to make it more efficient through its adequate consideration of major industrial plant variables.

Figure 2-2; Model Framework of Factory Planning

Source; Adapted from Neufferts, 2010

Thus these linkages present within the factory layout culminate in the production of the final goods and commodities. There is an expected amount of industrial pollution that will be emitted based on the existing standards in production processes but with the enhancement of the processes by the incorporation of cleaner development mechanisms, this level will significantly reduce and this will achieve the objectives of the Planning Development project of alleviating the impacts of the industrial pollution by the large scale industrial plants in Mavoko.

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CHAPTER 3 3.0 SITUATIONAL ANALYSIS

Introduction This chapter highlights the project site’s locational context in the regional, sub regional, local, neighbourhood levels. It similarly gives a spatial basis for the development interventions that are proposed for the site. The spatial analysis will assist in developing a spatial understanding of the site’s main characteristics and its potential. It is an important tool in strategic planning as it enables planning and positioning of interventions according to an overall development strategy.

3.1 Location Context of Project area Athi River Mining Limited is located in Athi River township, Mavoko Municipality, Machakos District, Eastern Province, Kenya Eastern Africa.

Mavoko is located 23 km South of Nairobi and about 35 km N.West of Machakos town along the Nairobi-Mombasa Connection Axis (Mombasa Road A109).

It borders Kajiado District to the West and South and Nairobi City to the North and it is located in Kathiani division, Machakos District.

Mavoko covers an area of approximately 693 sq.km and lies between Longitudes 36.8 degrees and 37.1 E and latitudes 1.4 Degrees and 1.5 S, lying above 500m above sea level

The site on which the Athi River Mining Limited is located is on Mzee Paunrhana Road . This is a major artery off the Nyambura –Makadara Road. It’s accessed by a main entrance on the Mzee Paunrhana road and also has an entrance by the side.

The site has an annex which is an administration block. This also constitutes a major part of the site.

The site neighbours a railway to its north and informal settlement s of Kosovo and Nyambura to its south.

It’s adjacent an open field which has limestone debris and these form a layer of overburden over all the surrounding vegetation.

The project’s area is approximately 8,134m2

3.2 Statement of the problem The site slopes to the West hence has potential flood zones and routes of surface run-off that are not quite addressed due to the poor storm water drainage. There are potential conflicts with road systems and hence there is need for additional road access. There are noise sources that need mitigation and the site is not completely build up. The site environs bear no relationship to the site area with little community involvement in the activities of the plant. Public utilities are lacking and availability of portable water is absent. This is opportunity for further construction and site design will hence be incorporated into the new building projects that will come up. Similarly the site’s interface with the RVR’s housing and the commercial belt shall undergo buffer zoning

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45

46

47

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3.3 Land Use Analys

Map 3-3; Land uses around the site


Road Commercial Industrial

Educational Land use

Residential

LAND USES

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3.3 Housing and community facilities, infrastructure, services and transportation/movement systems, land issues and economic activities within the Project area Housing

Middle Income Housing;

Housing is provided in the project area in the form of Rift Valley Railways Staff Quarters where the housing is predominantly bungalows. The facilities are run down and the buildings are derelict. The housing structure is mainly stone walls and tiled roofing

Low income Housing

This consists of the informal settlements of Kosovo and Nyambura Slums. These are located between the Mzee Paunrhana Road and the 10ft. Drainage Channel. The major challenge is the lack of sanitation and sewerage services in the slum areas

Community Facilities

These consist of Athi River Primary Day& Boarding School; there is also a commercial hub with the following street activities; hotels& cafes, computer bureaus, salons and shops that serve the local clientele

Infrastructure

The provision of Mzee Paunrhana Road which is tarmacked and the Railway line serving Marimbeti Station are major transport channels within the area, There also other smaller footpaths that go around the site’s precincts and form nodes and increases circulation

Transportation

The site area is accessed by both motorized and non-motorised transportation; Motorised transportation consists of transit trucks ferrying raw material into the site and ferrying finished products out of the site. Similarly, pedestrians and factory staff use non-motorised transportation like bicycles to access the site.Railway transportation is in close proximity to the site and is run by Rift Valley Railways. The cargo trains transport raw material and finished products.

Movement in and out of the site area is governed by production patterns, loading and unloading services and related industrial functional aspects that necessitate the movement from one area of the plant to the other.

Land

The site is owned by the Athi River Mining Company Limited but is registered individually to Mzee Paunrhana who is the founder of the plant. The surrounding lands are owned by Rift Valley Railways to the North and the land use on it is primarily residential with the staff residential quarters located there

Economic Activities

There are a few informal traders and assorted business stalls along the Mzee Paunrhana road reserves and along the street. These deal with cheap merchandise and their main clientele is factory workers

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3.4 Background of the project area, the project and its Historical Context The area was initially an open space. It had no significant land use until the discovery of limestone deposits in 1990 that lead to the establishment o f the Athi River mining Company.

Athi River was originally a transit town for livestock to be brought by train to the Kenya Meat Commission for meat supply. Hence the area consisted of mainly holding paddocks and expansive ranches. The grass was scanty and vegetation was of ASAL typology

The inception of Athi River Mining Company however was met with hostility as the informal settlements that were mushrooming were

3.5 Site Analysis; Physical/Landscape or Top and Natural Environmental Characteristics of Project area(drainage, soils, climatic etc) and the effect on the project

The physical environment is defined as the external surrounding and conditions in which something exists. Analysis of the site’s physical environment is fundamental to the area-specific land use planning interventions and design processes that the development project is to undertake and inform

Topography and Land use Topography refers to the study of the earth’s surface with regard to its general detail of relief, vegetation and manmade features. Slope refers to the general measure of the gradient or steepness of an area. The slope analysis of the site assists the planning function by helping the determination of areas in which to provide spatial allocation for drainage development and determining zoning and land use development design

The site is generally slopes from NW to SE and it stands at an altitude of 1509 m above sea level

Land cover systems and land use analysis Land cover denotes the type of features present on a surface or land, and hence is highly dynamic as they are subject to changes due to climatic, economic, social or political reasons.

Land use refers to the human/economic activities for specific pieces of land like population, employment, housing, shopping, transport, leisure

In the site, the major land cover is arid climate vegetation consisting of tuff grass . In its surrounding, agricultural subsistence crops are grown by the RVR staff quarters

Land use in Mavoko is primarily commercial, residential and industrial with a huge percentage of the industrial land being under mining and cement manufacturing industrial large scale plants.

Hydrology and Drainage Systems Hydrology is the study and movement distribution and quality of water i.e. both the hydrological cycle and water resources..

The topography of the site slopes from NW to SE and this gives a slope gradient of less than 10%

Harnessing of water is done through the drilling of boreholes as a source of water for domestic use along the river bed where the water bed is higher.

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Climate The site experiences the broader Mavoko municipality climate. Mavoko has a bi-modal rainfall regime. The long rains are between the months of February-May with an average rainfall of 150mm with short rains being in the months of October-December. The dry season is pronounced during January-February and August-September with temperatures being generally highs of 230C-280C and mean monthly minimum temperatures ranging between 11oC- 150C.

Table 3- 1; Climatic Conditions in Mavoko

Month Rainfall(mm) Mean Monthly minimum temp. 0C

Mean Monthly maximum temp oC

January 57 11 27 February 48 11.5 28 March 79 13.5 27 April 145 14.2 26 May 115 13.8 25 June 20 11.5 24 July 7 10.5 22.5 August 14 11 23 September 11 11.3 25.5 October 47 13 27 November 150 13.8 26.5 December 81 13 26

Source; Meteorological Department, 2009

Winds Winds blow from the S.East from November to May, dry winds blow from the North mainly during May to October and the general wind direction is from S.West to N.West

Natural resource, Soils and Geology of the study area Natural resources represent all the parts of the physical environment that can be exploited to fulfill economic and social needs and can be renewable, non-renewable or inexhaustible. There is hence a need to develop interventions that provides for their informed and responsible exploitation, utilization and conservation.

Mavoko municipality has geology that comprises of tertiary rocks (Ngong-Volcanic) overlying Pre-Cambrian Basement rocks which are exposed on the upper parts of Kitengela River. Towards the North, the rock structure changes to Nairobi Phonolite and to the West are the Mbagathi Phonolite and to the East are the Athi Tuffs. These have formed sources of raw materials for the many mining large scale industrial plants present in the area.

Hence these are the same rocks within the site

The major soil types in Mavoko are brown soils, yellow brown soils, stony soils and alluvium.

Dark soils; are classified as dark grey brown calcareous clay with light textured topsoil. It is very plastic when wet hence has poor drainage quality. The soil is found predominantly around townships

Brown soils; mainly loamy soil, predominant on the Eastern side of Athi river and is good for crop production

Yellow brown soils; shallow yellow brown to red friable clay overlying the late-rite.it shows as a thin band between the dark soils

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Stony soils; these are shallow stony soils with rock outcrops that underlie the yellow brown soils.

Similarly, the flat undulating landscape offers great potential for ranching and for horticulture.

3.6 Population and demographic Characteristics/ Socio-economic, cultural and political profile of the population

Overview Population refers to the density/number of residents/inhabitants in an area. Demography analyzes the distinguishing aspects and characteristics of the population e.g. the mortality rates, age and sex ratios to enable formulation of appropriate policy framework and strategies to plan for the population under study

It is viewed against the limited resources, where planning for human settlements is crucial under these conditions.

Population size Mavoko Municipality has a population of 8,936 persons(1999 Population and Housing Census) compares with 893,785 persons in Machakos District and Nairobi’s population of 2,143, 254 persons(1999) which are the major centers contributing to the increase in Mavoko’s population over time

Population Structure and Composition This shows the population structure along gender and age lines. This is represented below

0

500

1000

1500

2000

2500

3000

3500

4000

4500

0-4 years

14-15 years

20-24 years

30-34 years

40-44 years

50-54 years

60-64 years

70-74 years

80 + years

Population structure

Male

Female

Source; Central Bureau Of Statistics, 2009

Chart 3.1; Population Structure of Mavoko

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0

100000

200000

Pro

ject

ed P

opul

atio

n

Year of Projection

Population Projection for Mavoko Munipality

Athi River

Mavoko

Table 2-2; Age and Sex Structure of Mavoko

Age Male Female Totals

0-14 years 7697 7513 15210 15-64years 18639 14874 33513 Above 65 years 113 327 440 Totals 26449 22714 49163

Source; Central Bureau Of Statistics, 2009

The table indicates the dependency level is high in the municipality with a dependency ratio of 100; 94

Population projection of Mavoko Municipality Nairobi City has impact on the growth of Mavoko Municipality as it offers employment opportunities for some of its residents. Assuming the growth projection of Mavoko is dependent on Nairobi’s, the growth rate of 4.8 %(Nairobi’s is used to project Mavoko’s)

This captures the elements of migration patterns and factor of proximity.

The formulae;

Pn=Po(1 +r/100)

Where Pn is the needed population, Po is the base population,1 is a constant and r is the rate of growth

Table 3-3; Population Projection for Mavoko Municipality

1999 2000 2005 2010 2015 2020 2025 Nairobi 2143254 2246130 2839 3589614 4537892 5736679 7252134 Athi River 21696 22824 29409 37892 48824 62909 81057 Mavoko 47971 50465 65023 83782 107951 139094 179220 Population increase in Mavoko can be attributed to several factors including natural increase due to people giving birth, boundary increase to accommodate municipality status, and in migrations into the area in search of employment

Source; Author,2010

Chart 3-2; Population projection for Mavoko

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Population distribution Mavoko has two distinct population areas-the core and periphery (urban and rural) population. The core urban areas have approximately 22,067 while the peri-urban areas have 25,956 persons. In the core urban areas there are 10, 233 females and 11,834 females. The peri-urban areas have 10,932 females and 10,972 males. Thus these statistics show that 45% of the town’s population lives in urban area. This is higher than the national urban population which goes further to point the increase in the urban population of the town.

Age-Sex Ratio This is the proportion of the age to sex of the members of the population in the study area.

With reference to the Machakos district profile, the female to male ratio is 1:0.98 though this ratio varies with the various age cohorts.

Average Household Sizes This connotes the number of individuals to be ordinarily constituent of a household in the area.

The average household size for the area of study is 4.

Dependency Ratio This is the ratio of the dependent members of the population to the working members of the population. Any person between the age group 0-14 years and 64 and above is considered dependent to the age group 15-63 years where they are considered to be a working population. The overall dependency ratio for Machakos District is 100; 94 so does the study area.

Fertility Rates This is the rate of fertility in an area measured in women who are reproductive i.e. from the ages of 15-45.The average fertility rates of the district are 6.

Mortality Rates This reflects the rate of deaths in an area per 1000 members of the population. The district has a mortality rate of 7 per every 1000 persons

Life Expectancy Rates This is the expected number of years member of the population will live. The life expectancy of males in the area is 64 years while the female is 66 years. However, the emergence of HIV/AIDS as a major disease in the area with increasing prevalence has led to a rapid reduction in the life expectancy

Migration Trends The most migration patterns occurring in the area are in migration where most of the population migrates into the study area in search of cheaper rent as they seek employment from the industrial plants and EPZ locations. The area serves as a dormitory area as the area’s settlement patterns encompass the working population from Nairobi that lives in Mavoko.

3.7 Institutional, legal and financial issues of Project area The area is under the jurisdiction of the Municipal Council of Mavoko. The Council has administrative rights over the project area and can carry put mandatory inspections and conduct enforcement of Council Planning By-Laws.The land is registered as belonging to Mzee Paunrhana and consequently Athi River Mining Limited.

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3.8 Planning and Policy Implications of Situational Analysis In the current dispensation, the site continues deteriorating environmentally. The assumption is that there will be no policy measure applied to spur significant change presently if there’s no intervention. Thus the emerging issues pose significant social, environmental and political implications in the site and its environs

Social Implications The Kosovo and Nyambura Villages continue attracting more informal settlements as persons migrating into Mavoko in search of work and employment seek housing. The increased development of informal settlements will lead to a strain in infrastructure and sanitation and sewerage provision. There lack of basic services and facilities will lead to a lower standard of living among residents and increase the impacts of the large scale industrial plants by the resulting poverty cycle. The increase in dependency will result in higher mortality rates and increased infant mortality rates.

The increase in solid waste and poor sanitation similarly results in the proliferation of diseases especially water borne diseases that are easily transmissible and communicable through water as there is an inadequacy in water supply.

The effects of air pollution will be manifested in more persons residing in the informal settlements through more respiratory diseases and other dust and particulate pollution illnesses. The residents will still encounter noise pollution as the industrial activities will continue un-abated and hence promulgate further the impacts associated with large scale industrial plants

There will be an increase housing stock in the area s more developers will come in to meet the rising demand and it will retain social ties within the informal settlements This is because there will be no displacement of any group of people

Economic and Financial implication The Nyambura and Kosovo slums will encroach further into the drainage channel and way leaves. This will further compromise the residents’ safety especially the small children. The likely consequence will be reprisal action from the Municipal Council of Mavoko to evict the informal settlements and similarly there’s the risk of community conflict. The developers will benefit from the densification of the informal settlements as their returns on investment through rents and rates. However, this densification will lead to congestion in the area and lead to mushrooming of social ills and less social cohesion due to insecurity.

Legal and Institutional implications The current conditions pose as a poor reflection on the capacity of local institutions e.g. the Municipal Council of Mavoko and the local community based organisations. There is need to address the land use problems and to also call for major capacity building structures to deal with the growing population relocating to the informal settlements

Environmental Implications There will be negative effects on the environment as the increased rate of development will affect the surrounding environment through indiscriminate dumping; lack of proper waste disposal and waste water management leading to environmental degradation at an increased rate, the possibility of poor environmental stewardship will inevitably come in

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3.9 Summary of Emerging issues and Synthesis of Findings The site’s location is hazardous to the surrounding human residential context. It however incorporates industrial use into Mavoko’s functional frameworks thus enhancing its primacy in the expanding municipality. It provides an unstable balance between local versus regional resource potentials of the area.

Consideration within the planning mechanisms of Mavoko Municipality regards the location of the plant as a commercial zone hence the industrial component of the plant’s operations contravenes the set planning guidelines

The direct linkages with Nairobi and Mombasa provide the plant its clientele and distributional channels. The accessibility enhanced by the tarmacked nature of the A109- Mombasa Road and the Mzee Paunrhana Road leading to the two nodes.

Its location at the corner of Mzee Paunrhana Rd. adds to its proximity from either side of Mavoko and hence it serves as an interface and midpoint between the industrial district and the residential clusters. The implementation of the development plan proposals will hence achieve some of the plant’s capacities. These include;

Ø Efficient and safer industrial operations through the provision of adequate site features and amenities.

Ø Accessibility to projected markets and transportation facilities( road system) Ø Convenient access to public utilities and services of adequate capacity Ø Adequate site topography and load bearing capacity to accommodate industrial development Ø Compatibility among industries investing in Cleaner Development Mechanisms Ø Protection of health, safety and amenity value of the wider community by preventing such

nuisances as excessive noise, smoke, dust, offensive odors, heat, vibrations, bright lights, waste, traffic e.t.c

Ø Protection of the integrity of key features and processes of the natural environment from industrial effluent

Thus an intervention designed for Athi River Mining should be located downwind and protected from residential areas. It should also factor the screening of the plant form adjacent uses by a wide landscape buffer strip.

Generally, these activities will be located on large plots and will be expected to observe low floor area ratios and generous setbacks from property boundaries. This is to permit sufficient space around buildings for on-site planting, loading and off-loading, access for fire fighting vehicles and reducing the risk of spreading fire to other premises

The proposed development interventions have to observe the nature of particulate pollution that is considered point source as it comes directly from the production processes within the Athi River Mining limited plants. The nature of the interventions hence will require intense preventive measures to curb the emitted particulate matter from either dispersing for long distances or from seeping through the plant-settlement buffer zoning.

This would ultimately call for an integrated approach as the mitigation of pollutant-agents at production levels is presently not achievable entirely by the change in production methods, but is similarly dependent on the levels of buffer zoning present within the perimeter of the source of the pollution hence trying to create sustainable solutions that will address the impacts cumulatively

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CHAPTER 4

4.0 PROJECT PLANNING, DESIGN AND IMPLEMENTATION

Introduction

The Chapter highlights the analysis and interpretation of the development proposals suitable to address and mitigate the impacts of large scale industrial plants presented in the research project. Further, in the foregoing chapters, the negative effects of the impacts on the human settlements have been depicted, thus serving as indicators of future scenarios. The chapter will project the synthesis of findings to possible development alternatives. The chapter will showcase the development of detailed action plans after an appraisal of the expected outcomes of the preferred spatial plan.

4.1 Planning and Design Stage of Project (Expected Outputs of the Project) The project design aims to achieve two outputs,

Ø The Creation of an eco-industrial plant at Athi River Mining site Ø The Creation of a buffer zone around the Industrial plant

The project methodology will entail incorporating the data collection and analysis from the site visits with programme development and the formulation of alternative and preliminary plans of development and a final design plan.

4.1.1 Plan Preparation Stages After the analysis of the various proposed options of the site development and identification of site suitability, the development plan will be prepared. This will include a comprehensive plan for the entire site showing the location of each land-use and plans for the individual clusters, namely the industrial, residential and commercial.

4.1.2 Site planning/design process stages At this stage, an evaluation of various options available to answer the terms of reference as accurately as possible by adopting various conceptual ideas will be carried out. This will involve the preparation of bubble diagrams to show how the general relationships of the different land uses and infrastructure should be developed on various areas of the site. Using the various strategies of achieving goals and objectives of the project, various alternative plans that reflect various acceptable relationships between the land uses will be developed, prepared and evaluated.

The choice of the preferred site plan, which incorporates the most ideal users’ environmental setting, aesthetic and functional qualities of the land uses will be prepared. It will define all the existing features to be retained and those to be modified. It will equally indicate the location of all required buildings and structures. The positions and width of roadways and footpaths, planting areas and service lanes will also be defined.

4.1.3 Development of plans This will involve showing the various plans at various scales in two dimensional drawings and three dimensional models ready for presentation. The process followed in the development of each plan will clearly be illustrated.

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4.1.4 Case studies The study will be based on available data on redevelopment of informal sector operation sites around the world. These will basically serve as case studies in search of the best practice to inform this study.

4.1.5 Planning and design standards These standards are enumerated in various documents and special reference will be made to such. They include the Building code, The Physical Planning Handbook, the layout manual and Neuffert’s Architects Data and Environmental Planning for Site Development by Beer Anne R. (1990) will be used to give guidelines on the planning standards and requirements related to the development of industrial sector-activities sites among others.

4.1.6 Legal and regulatory framework. This includes the legislative and institutional regulations. They are contained in statutory legislations like the Local Government Act (Cap 265), Traffic Act Cap. 403, Public Health Act Cap. 242, Physical Planning Act Cap 286, and Environmental Management and Coordination Act (1999) and other relevant legislations. The Municipal Council of Mavoko’s Physical Planning Department Regulatory guidelines and are themselves legally binding.

The project completion would be through evaluation of the final design plans and assessing their feasibility.

Figure 4-1; Summary of Planning Process


Plan formulation Stages

The Plan Formulation would be in three stages

The first stage is the understanding of the site thoroughly through the site’s circulation, texture of streets, housing, living patterns, commercial/office and work uses, public facilities, places and land marks, history and social analysis, site map sections and form.

The second stage is the discussion of the different approaches to the future of the area and agree on a preferred direction elucidating the principles that should guide the site development and an ideal

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programme of activities showing paths, land uses and texture of buildings and the identification of nodes or sections key to approach for further development

The final stage involves the adjusting of the overall plan of the site with new information from continuous reviews and connection to the design to the different uses and conditions across the site

Site Planning/Design Process The Site planning and Design process shall begin with a site analysis(site inventory) where evaluation and synthesis of the on and off site design determinants occurs.

This will be followed by a program development stage where the background research and the site analysis are combined and synthesized into a set of site development concepts and strategies. Elements that form the basis for program development are combined with site opportunities and constraints as developed in the synthesis of site determinants

The plan concepts are developed into detail, showing spatial relationships, landscaping and similar information

Implementation Once the program is established the alternative design solution that meets the program objectives are developed. The alternative is further developed into the preliminary plan where resource requirements, phasing and costing is applied

4.2 Development of Spatial Plans

4.2.1 Alternative Development Proposal Plan One; Reduction and Control of Industrial Pollution at Production Level through the Establishment of an Environmentally Friendly Eco-Industrial Plant

The Concept for the establishment Eco-Industrial plant is driven by the expected reduction in environmental degradation experienced presently and by the similar reduction in various forms of pollution present in the site through reducing the amount of pollution within the production processes in the plant itself.

The production processes of Athi River Mining result in particulate pollution due to the fine nature of the finished products i.e cement. Hence the alternative proposes arresting the pollution at the productive stages within the plant’s layout. This will hence mitigate the adverse effects of pollution at production level through the principles of eco-industrial design and utilizing the concept of industrial ecology

Based on results of plant profile and analysis, a conceptual site layout plan will be developed and will include scenarios that provide facility design/layout options, infrastructure connections, opportunities for shared facilities/amenities and sustainable design.

The Concept Master Plan is also driven by a desire to achieve:

Ø Environmental and urban design excellence; Ø Respond to the commercial realities of the market and the pragmatic requirements of industry Ø Embody programs for environmentally sensitive design including air pollution sensitive urban

design Ø Enhance connectivity between the site and the surrounding areas and provision of a range of

community facilities

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The plan has many benefits at both plant and external levels. Its main benefits are; Ø Resource efficiency in energy, materials, water, and transportation, with the cost savings

gained through higher efficiency Ø Cleaner production through good housekeeping, reduction and substitution of toxic materials,

strict control of emissions, separation of by-product or residual materials, etc. Ø Use of renewable energy and materials to replace fossil fuel sources and finite material

supplies Ø Rehabilitation of existing buildings to higher energy and environmental standards and use of

green architecture and engineering in new facility and infrastructure design Ø Enhancement of quality of life and economic development in neighboring communities

through projects between industry and community government and community-based organizations.

Ø Ecological site planning and utilization based upon clear understanding of the carrying capacity of air, water, and ground systems and the nature of remaining native ecological systems.

Ø Establishing environmental management systems such as ISO 14000 with objectives and indicators informed by eco-industrial development, not only compliance with regulations.

Its shortcomings are however present and these are;

Ø The approach is expensive in the short run as it involves the investment of technological innovations within the industrial sector that are not readily available within the current industrial institutional frameworks

Ø The expected environmental preservation and conservation due to the improved production process standards within the industrial plant will not be achieved within the short term period

Ø There is a possibility of absence in commitment from the institutional players on the implementation of the approach within Athi River Mining Limited as there are other more strategic plants that could be considered.

Ø The surrounding human settlements have not been catered fully within the approach Ø The implementation process for the approach will result in further environmental degradation

and increase in pollution while causing a stop in Athi River Mining’s production hence causing financial loss

4.1.2 Alternative Development Proposal Two; Reduction and Control of Industrial pollution from Industrial Plant through the Site Landscaping and Buffer Zoning Approach

This alternative seeks to remodel the site’s existing landscape to be able to absorb some of the pollutants internally and similarly create a buffer zone on the exterior of the plant’s precincts so as to enable the impact minimization of the particulate pollution, noise and dust.

4.1.2.1 Concept Design The use of trees in the buffer zoning aims at abate the noise levels and absorb particulate matter and dust is one of the primary considerations in the selection and planning of this alternative,

The aim of the landscaping is similarly to transform the visual quality of the industrial plant and to enable the enhancement of the routes of movement and usable areas of the site.

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The plantings however are prescribed with careful consideration for a single inappropriate plant can disrupt the ecological balance or destroy the visual quality of the landscape. The establishment of some of the plant by the very fact of their existence has proved by themselves to be best suited for the site and hence it would be logical to retain them

4.1.2.3. Expected Plan Benefits

The alternative will have the following benefits if considered;

Ø Houses most affected by noise will be insulated against the noise and particulate dust pollution

Ø Inside the plant, proper waste management will be promoted Ø The plan will not affect the present housing stock Ø Undeveloped land is likely to be put to better use and at no extra cost Ø The proposal will not limit development Ø There will be delineation of noise zones Ø The plan will result in better ambient air quality standards at the end of the plan period Ø Plan will not result in any social conflict through eviction of informal slum dwellers

However the plan has some shortcomings on the following basis;

Ø The nature of the production processes within Athi River Mining result in small particulate matter as being the industrial pollutant material. Hence the foliage cover and buffer screen will not be sufficient to hold in the pollution. It will simply permeate through the tree screen

Ø The arid and erratic climatic condition of the site and Mavoko Municipality area in general pose a considerable limitation to the growth of the plant species if not drought resistant and hence calls for the presence of irrigation and plant care and maintenance measures at site level

Ø There will be no community ownership of the approach as it doesn’t cater fully for the involvement of the past levels of industrial pollution experienced

4.1.3 Preferred Development Proposal; Integration Approach; Reduction and Control of Industrial pollution through Eco- Industrial Plant and Site Landscaping and Buffer Zoning Approach

This approach allows for industrial plant and site revitalization and rehabilitation in order to enhance effective and efficient management of industrial pollution in through particulate matter thus curbing the pollution of the adjacent residential areas, pollution of air and generally improve the aesthetics in the market, improve industrial institutional framework and obtain optimal benefits from industrial activities. It will also entail active participation by the industrial stakeholders and surrounding community.

4.1.3.1Concept Design

Due to the inability of either of the two alternatives to fully mitigate the effects of industrial pollution to the surrounding human settlements and within the plant itself, this proposal aims at combining the two alternatives and using their respective strengths to provide an integrated pollution prevention strategy where the industrial production process are enhanced to eco-industrial plant standards thus

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reducing the plant’s pollution quotients and similarly providing a buffer zoning to trap any pollution emanating from within the plant.

The design is aimed at similarly catering for both the noise and airborne pollution within the current setup within which the plant is operating in.

This preferred plan shall include the following details.

Ø Enclosing the plant with a buffer zone made of trees with huge foliage. This will trap particulate matter generated from the plant as industrial pollution.

Ø Re-vitalizing of plant layout and reconstruction of plant processes to achieve higher standards within the present production processes and to meet eco-industrial standards.

Ø Creation of site landscaped zones that will improve the visual quality of the industrial plant and enhance the accessibility and production processes within the usable areas of the site

Ø Upgrading the existing roads and parking places within the plant to minimize the extent of motor fumes and noise contributing to the pollution of the area and also its expansion to accommodate more vehicle activity.

Ø Provision of separate entry and exit gate ways to relieve the traffic congestion along Mzee Paunrhana Road as there is presently only one exit and entrance

Ø Establishment of a system for training the industrial plant and surrounding community groups on sustainable environmental management and conservation.

Ø Integration of all stakeholders in the Athi River Mining industrial framework with well defined roles for each stakeholder.

Advantages

Ø This approach adopts environmental management principles and makes sustainable development the focus in the implementation of the project.

Ø It enables the prevention of pollution at both production level and plant levels hence minimizing the level of overall pollution reaching the surrounding human settlements

Ø It will also take into consideration the community needs through the provision of community participation and ownership through their integration into the consultative planning process

Ø There will be no evictions or need for decanting site for the surrounding residential areas that would face reprisal from the Mavoko Council Municipal

Ø It will lead to environmental conservation and improved livelihoods of the human settlements and residential areas adjacent to the plant

Ø It will also consider the planning standards in the design process Ø It will ensure the standards in production processes within the plant are raised to ISO 1400

levels as an eco-industrial establishment

Disadvantage

Ø This plan may take longer to implement since the views of all the stakeholders will have to be considered. It hence requires a guided process of stakeholder involvement

Ø The project costs are prohibitive and the work and implementation schedule are extensive. Ø The need for the participation of key institutional players needs to be aggressively advocated

for due to the practicability of the proposal Ø The industrial workers and the community has to be trained on the environmental

conservation practices. This may take more time since no such programme is currently implemented in the industry.

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Ø The incorporation of experts will limit the level of community participation i.e in eco-industrial approaches within the industrial ecology frameworks

4.1.4 Evaluation of the Plan proposals The development options have been appraised using the cost benefit analysis, the financial investment appraisal and the goal achievement matrix. The merits and demerits will be assessed and appraised to formulate the preferred plan.

Financial Investment Appraisal This method of appraisal primarily analyses the cost implications of the development option with the main revenue considerations being the capital and operating costs. This method is solely limited to financial implications and places no considerations on other hidden costs e.g. social costs

This analysis would then adopt a no-intervention strategy as no financial costs will be incurred by any agency. In addition the residents of the informal settlements will not be evicted for their own health concerns; the developers will not lose their returns on investment. Athi River Mining will not shut or close its operations as it has no obligations to the residents and will not run the risk of loss.

Goals Achievement Matrix The method seeks to address the level to which each proposed plan alternative achieves the specified operational objectives identified during the planning process. From the plans proposals, the eco-industrial alternative will not solely achieve the main objectives of providing a pollution free environment and the protection of surrounding land uses from the industrial activities of the large scale industrial plant. The Athi River Eco-Industrial Plant will achieve a lot of environmental goals and also provide an ambient environment for the residents around the site. It will generate employment within the setup too as its construction will require skilled and non-skilled labourers sourced from the informal settlements. However, it will take a considerable amount of time and to a large extent will not be implemented due to the prevailing lack of funds at institutional level.

The Site Landscaping and Buffer zoning will similarly not solely achieve the goal of reducing the impacts of the pollutants from the large scale plant and similarly provide an ambient environment without the displacement of the residents or their relocation.

However the integration of the two alternatives achieve the relevant levels of environmental management desired by the project in meeting its objectives as the incorporation of the standards. The integrated approach similarly combines the element of sustainability and the implementation of the most feasible and practical alternatives

This plan hence appeals to the Goals Achievement Matrix

Cost Benefit Analysis The method assumes that all costs can be quantified. It equally assumes that the main objective of any project is to maximize the returns and benefits gotten. The proposals will be ranked according to the balance between the costs and benefits

The Athi River Eco-Industrial Plant Redevelopment is ranked First as the costs of the proposal are almost equal to its benefits as it will offer employment and similarly reduce social costs such as health costs , lose of livelihoods and displacement. The Site Landscaping and Buffer Zoning as an option will provide the residents with ambient environment qualities and similarly reduce the impacts of the plant’s industrial activities but will however be constrained by challenges such as the cost of tree

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planting and landscaping. The time taken by the trees is similarly a concern in the implementation of the proposal as it may limit the efficacy of the proposal together with the semi-arid climate of the area

4.2 Site Planning/Design Process

4.2.1 Preferred Plan Proposal; Integration Approach; Reduction and Control of Industrial pollution through Eco- Industrial Plant and Site Landscaping and Buffer Zoning Approach

Introduction The alternative will entail the formation of strict environmental planning and design guidelines and development checklists for the redevelopment of the site. The formation of The Athi River Mining Eco-Industrial Renewal Committee--Design Review Panel will facilitate the process of development plan proposal. And evaluation Factors attributable to the redevelopment of the Athi River Mining Company are highlighted below;

Assessment Process The Guideline will be presented in a regulatory format approval process, These Guidelines will be administered by the client, The Athi River Mining Eco-Industrial Renewal Committee--Design Review Panel which will examine all submitted documentation to ensure that the proposals are acceptable from both a site and broader development perspective, prior to submission of a development application to the Municipal Council of Mavoko. The Athi River Mining Eco-Industrial Renewal Committee-Design Review Panel evaluation will be based on a weighted scheme that reflects the relative importance of each guideline in its role in reduction of the impacts to the environment.

This process is designed to facilitate the overall approvals process and ensure a quality outcome for the development.

Reference Guidelines The Guidelines have been prepared with reference to the zoning and planning ordinances operational in Mavoko Municipality and The Physical Planning Handbook by the Director of Physical Planning. In addition to these Guidelines, prospective developers, purchasers and land owners will be guided the Physical Planning Hand book and Municipal Council of Mavoko Short Term Development Plan.

Graphics Note Graphics used are indicative only. The graphics used in the project are a tool for explaining design concepts and should not be interpreted as the exact solution for the specific site. The site presents a unique set of conditions which require careful consideration by the developer and design team. The landscape will be deliberately omitted to improve the clarity of the graphics

Implementation The Guidelines are an integral part of the development of the Athi River Mining Company Eco-Industrial plant

Based on the reviews, the developer shall develop schematic design and engineering plans for commercial scale operations. These plans should include facility design/layout, material handling/storage/processing flow, transportation interfaces, engineering specifications for integrating the modular renewable energy component, waste and wastewater recovery system design, and sustainable environmental design guidelines for buildings and site.

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The developer shall similarly develop model codes, covenants, and restrictions and in consultation with the Panel, establish an EID oversight authority.

The process shall also result in the development of model codes, covenants, site and building guidelines, conditions and restrictions that set the parameters for the EID. These would be established by the property owners or the EID oversight authority. These conditions would guide design, operations, and shared amenities and promote continuous high performance (environmental, economic, community).

Finally, the developer shall similarly in consultation with the Panel develop an umbrella permitting model. In the process of working with several proposed community EID projects, a .site-wide umbrella permitting. should be developed. A one-stop-shop model coordinates permitting activities to streamline the process for developers and companies building facilities, thus cutting time and costs.

Restrictive Covenants The Guidelines apply to development within the site pursuant to all the Encumbrances/Restrictive Covenants held on the title to the plot by Athi River Mining Company:

Description of Restrictions The registered proprietor or proprietors for the time being of development on this plan shall not:

Erect or permit or allow to be or remain erected on the lot or any part of it any building, structure or improvement other than a building, structure or improvement that complies with the Athi River Mining Eco-Industrial Renewal Committee Design Guidelines;

Use or permit to be used the plot for the conducting of the business or activity that is not eco-industrial in nature unless such business is conducted from a building with an area of at least 1,000 square metres

Statutory Planning Framework The Limits/Precincts defined for the Athi River Mining Company Eco-Industrial Plant are from Mzee Paunrhana Rd. to 2.5 km interior perpendicular to the man spine of the road

The Physical Planning Handbook (2002) has the following locational and special requirements

The land requirements of the total site are for an industrial plant should lie between 50-1100 acres for a town with a population of 20,000-50000 residents

Submission Requirements The Design Review Panel will require that the development application within Athi River Mining Company Eco- Industrial Plant to be accompanied by plans, elevations and supporting documentation as described in the Municipal Council of Mavoko Development Application Checklist.

Approval Requirements Approval by the Athi River Mining Eco-Industrial Renewal Committee- Design Review Panel will be required for all buildings and works on any lot within Athi River Mining Eco-Industrial prior to submission by the applicant to the Municipal Council of Mavoko.

The legal guidelines include the provision of the following;

Ø Layout of on-site infrastructure including roads Ø Designs for proposed infrastructure including;

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•Developer Develops Concept for site with the Developer’s Site Design team

•Developer Submits draft application including completed Development Checklist for Review to Panel

•Panel completes the Review within 30 working days and approves application if all criteria has been met

•Developer/Applicant submits Development Application to Municipal Council of Mavoko which has a 90 day planning approval process for development application under the Physical Planning Act 1996

•Commence Development

Ø Proposed roads according to established standards Ø Provision of power at 11KV A Ø Water supply of 25 cubic meters per day or more Ø Clearance between boundary wall and buildings of at least 6 metres Ø Security wall or fence with adequate illumination Ø Adequate area for inspection and a holding area Ø Adequate area for workers with acceptable indispensable basic services

The zone developer should have access through ownership or lease and the title should have no encumbrances This process is designed assist the approvals process within Council and is as follows:

Figure 4-2; Process Chart showing Approval Process within Municipal Council of Mavoko

4.2.2 Design principles

4.2.1.1 Design Principles of the Site Landscaping and Buffer Zoning Aspect of the Integrated Approach

Preservation of existing vegetation Streets, buildings and areas of use are to be fitted amid the natural growth insofar as practicable. The landscape continuity and scenic quality will thus be assured, the cost of site installation and maintenance will hence be reduces and the structures, paved surfaces and lawns will be richer in contrast

Selection of each plant to serve its intended purpose Preparation of a rough conceptual planning diagram will be made to aid in making detailed selections as sketches to overlay to the site construction drawings. On it are sketched the outlines, arrows and notes to describe what the planting is to achieve. These include;

Light shade, screens, tree shadows, curve enforcement. Ground cover, views, shade from glare, enclosure e.t.c

Source, Author, 2010

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Trees being the basic unit of landscape design

Often if tree selection and placement are sound, the site framework is well established, little additional planting will be needed

Group Trees to simulate natural stands Regular spacing and geometric patterns are to be avoided. Trees in rows and grids are limiting and are best used where a civic or monumental character is desired

Use of Canopy trees to unify the site These are the most visible and provide a dominant neighbourhood character and identity. They provide sun filter and sun shade and soften architectural lines providing a spatial roof or ceiling.

Installation of intermediate trees for understory screening, windbreak and visual interest These are enframers, particularly suited to subdivide the larger site into smaller areas and spaces.

Utilisation of shrubs for supplementary low level baffles and screens These serve well to provide enclosure and to reinforce pathway alignments and nodes, they also accentuate points and features of plan importance, and to furnish floral and foliage display. They can also be used sparingly for hedges

Treatment of vines as soil nets and draperies Various types can be planted to stabilize slopes and mounds of soil, to cool exposed walls and to provide a cascade of foliage and blossoms over walls and fences

Using a theme tree in an all extensive tree planting This helps assure the planting of simplicity and strength Choosing a dominant theme type that is indigenous moderately fast growing and able to thrive with little care These are planted in swaths, and groves to provide an overall state of organisation

4.2.1.2 Design Principles in the design of the environmentally friendly eco-industrial plant in the Integrated Approach

Eco-Industrial Plant Design The Design Principles in this project are performance based rather than prescriptive, to encourage innovation and creativity. They focus on outcomes such as design excellence, environmental sustainability, amenity, environmental comfort, and community connectedness and well-being of the human settlements around the plant and the occupants within.

Performance based guidelines describe the condition to be achieved and then leave it to the client/applicant to manage the outcome within their own parameters.

Prescriptive Guidelines provide outcomes which must be achieved and the mechanism by which they will/must be achieved. They are usually far less flexible than performance measures

4.2.1.2.1 Design principles for eco-industrial plants The design guidelines for a specific eco-industrial plant are usually either developed by perspectives of a multi-disciplinary research team or provided by a multi-stakeholder group of people with varying interests (Côté and Cohen-Rosenthal 1998).

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This is due to the fact that there is a lot of variability in ecological and economic conditions in different areas, and as projects are site-specific hence there are no general codes that could be applied everywhere (Chertow 2000).

However, some general principles can still be found.

Information is gathered in the early phase of a new project. This information determines the amount and character of pollution prevention projects that make up the eco-industrial plant development scheme (Heeres et al. 2004).

Thus this development project should identify ways of reducing the total impact on the local systems. Linking existing processes in the eco industrial plant and reducing their waste load could diminish the environmental burden (Lowe 2001).

Côté and Cohen-Rosenthal (1998) have made a synthesis based on a literature review and they propose that an eco-industrial plant compared with normal industrial plant in general would:

Ø Define the community of interests and involve that community in the design of the plant. Ø Reduce environmental impact or ecological footprint through substitution of toxic materials,

absorption of carbon dioxide, material exchanges and integrated treatment of wastes. Ø Maximize energy efficiency through facility design and construction, co-generation, and

cascading. Ø Conserve materials through facility design and construction, reuse, recovery and recycling. Ø Link or network companies with suppliers and customers in the wider community in which

the eco-industrial plant is situated. Ø Continuously improve the environmental performance of the individual businesses and the

community as a whole. Ø Have a regulatory system that permits some flexibility while encouraging companies to meet

performance goals. Ø Use economic instruments that discourage waste and pollution. Ø Employ an information management system that facilitates the flow of energy and materials

within a more or less closed loop. Ø Create a mechanism, which seeks to train and educate managers and workers in new

strategies, tools and technologies to improve the system. Ø Orient its marketing to attract companies which fill niches and complement other businesses.

4.2.2 Factors affecting the development of an eco-industrial plant

Diverse factors have an effect on the outcome of an eco-industrial plant network. In the context of the developing country that Kenya is, challenges are bound to occur in the establishing of an eco-industrial plant. Nevertheless, there are also many potential measures to cross barriers. When establishing symbiotic relationships barriers can be categorized in five different types (Heeres et al. 2004, Mirata 2004):

Ø Technical barriers occur when exchanges are not viable. Ø Economic barriers include economically unsound or risky exchanges. Ø Informational barriers arise when the right people and the right information do not meet. Ø Organisational barriers occur when the exchanges intended do not fit the current corporate

organisational structure. Ø Regulatory or legal barriers also exist within the legislative frameworks highlighted earlier

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4.2.3 Expected benefits and outputs within the Eco-industrial Plant plan proposal

The following benefits show the expected benefits of the eco-industrial component within the Integrated Approach.

Table 4-1; Benefits of Eco-Industrial Plants

Communities Environment Business and Industry Expanded local business opportunities Continuous environmental

improvement

Higher profitability

Improved tax base Enhanced Market Image Community pride

Reduced pollution High performance workplaces

Reduced waste disposal costs Improved efficiency Improved environment and habitat Innovative environmental

solutions

Access to financing Regulatory flexibility

Recruitment of higher quality companies Improved health for employees and community, including reduced risks to health and safety from industrial accidents and emissions

Increased protection of natural ecosystems

Higher value for developers

Partnership with business Reduction of operating costs (i.e. energy, materials, waste)

Minimized impact on infrastructure More efficient use of natural

resources

Reduction in disposal costs

Enhanced quality of life near eco-industrial development

Income from sale of by-products

Improved aesthetics

Protection and preservation of natural habitat

Reduction of environmental liability (and insurance costs)

Good jobs Improved public image Efficient resource use (land, water, energy and other natural resources)

Increased employee productivity

Source; EID Workbook, 2010

4.3 Development of Spatial Plan and Evaluation of Alternative Plan Proposals

The various plan proposals discussed earlier have been evaluated to choose the Integrated Approach of the Prevention of Industrial Pollution at Production Level through the establishment of eco-industrial plant standards and the Site Landscaping and Buffer Zoning as the better proposal. The goals of the development project are best met with this alternative. This section seeks to look at the two aspects within this integrative framework for the total achievement of the project’s objectives

4.3.1 Industrial Buildings Design and Planning

Careful operational planning is important in industrial design and planning, These include locational factors whose order of priority depends on the company’s strategy in regard to the cost of raw materials, transport and labour costs. Similarly a schedule of application including details of the types

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of use, room sizes, number of employees, segregated according to gender (sanitary facilities), machine layout plans, live(rolling, working) loads, single or point loads

Special requirements and other specifications include noise and vibration countermeasures, protection from fires, toxic and explosive substances, energy mains supplies, air conditioning, escape routes and intended or possible expansion.

Hence careful operational planning is essential before the actual work on planning the industrial complex buildings begins. Process flows are depicted according to the type of production and estimated on the basis of annual production figures or the number of employees.

Ø The basis of the operational planning is taken from the analysis of the following; Ø Operational diagram of the production systems Ø Material flow diagrams(essential criteria for evaluating economic efficiency and important

basis for layout plan) Ø Machine location plan Ø Workforce plan Ø Schedule of accommodation Ø List of buildings

The layout planning (i.e. allocation of employees, materials and machines designed to bring about the lowest production costs per unit) is the starting point for all industrial planning. From this, the basis for the factory design is derived-adaptability, extension possibilities, and economic efficiency.

Figure 4-3i ; Layout Plans showing design standards in Industries

Source; Adapted From Neufferts, 2010

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Figure 4-3ii; Layout Plans showing Industry Design Standards

Source; Adapted from Neufferts, 2010

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4.3.2 Detailed Design formulation stage and development of detailed action plans

Site Planning/Design Process Stages The Site Planning Process shall entail the following designs

Action Plans Design Guidelines The following section sets out the Design Guidelines for the site and the action areas.Athi River Mining Company Eco-Industrial Plant will be designed to allow ease of access for pedestrians, cyclists, trucks and cars. The development is adjacent to Mzee Paunrhana Road, which has side allowance for cycling. This gives the development excellent access to an extensive network of shared pedestrian and commuter bicycle paths.

Similarly Other access and circulation issues such as the functional and safety requirements for access, loading and car plants and how they accommodate the environmental and urban design objectives through the application of air pollution sensitive urban design principles that will entail minimizing areas of pavements and maximising landscaped areas to reduce surface heat and improve amenity.

4.3.2.1 Commuter-Travel Action Plan There’s a need to develop an alternate commuter-travel plan for employees. This will involve identifying staff travel requirements and how vehicle transit, bicycle facilities, priority planting, shuttle bus services and so forth can best provide for employees’ travel requirements.

4.3.2.2Movement of Pedestrians and Cyclists An important feature of The Athi River Mining Company Eco-Industrial Plant will be the encouragement of pedestrian and cyclist movement. The following is hence required:

Ø Separate pedestrian cyclist circulation from vehicular movements wherever possible/appropriate;

Ø Maintain clear sightlines at all vehicular crossovers for pedestrians and cyclists; Ø Secure bicycle storage, lockers and showers are to be provided for staff and employees. A

minimum of 5 secure bicycle spaces, one locker for every secure bicycle space and a minimum of 2 showers (male and female) to be provided

Ø For office spaces greater than 50m2, or with staff greater than 10, secure bicycle storage is required for a minimum of 10% of the staff based on a staffing density of 1/15m2. A locker is required for each bicycle storage space and one shower per ten bicycle space is required

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Figure 4-3; Perspective View of Bicycle and Pedestrian facilities and circulation

4.3.2.3 Car Parking & Circulation Car parking and circulation are important design considerations and a key feature of the site planning for Athi River Mining Eco-Industrial Plant. The following will be required:

Ø Car parks and car parking are not permitted within the front 5 metre landscape setback from the front boundary;

Ø The setback must be landscaped and the area should be mounded or other similar treatments provided to partially screen cars while maintaining overall safety and sightlines;

Ø Car parks must be setback a minimum 1.5 meters from the edge of a building to allow for a landscape buffer and vehicle overhang;

Ø No car parking is allowed adjacent to a natural ventilation or outside air intake Ø Carports greater than 6 car spaces shall generally be located behind the front building line Ø Car parks shall be landscaped with canopy trees (minimum of one tree per 6 bays, spaced to

maximise shade) Ø Large car parks shall include landscape “islands” to allow additional canopy tree and shrub

parking. Plant species shall be selected to allow clear sightlines for pedestrians, cyclists and motorists

4.3.2.4 Truck Parking, Loading & Servicing Truck parking and circulation are integral to efficient operations at Athi River Mining Eco-Industrial Plant. The following are the design guidelines to be followed:

Ø Truck parking shall not be located within designated landscape setbacks. If truck parking is required, designated truck parking spaces are to be provided;

Ø Street parking of trucks is not permitted Ø No truck parking is allowed adjacent to a natural ventilation or outside air intake; Ø All truck loading and servicing shall occur within the site. No loading or servicing is

permitted on public roads; Ø Loading bays should be located internally within buildings or screened from street view;

Provision for pedestrian paths separate from vehicle routes

Provision for adequate bicycle racks and/or lockers for staff

Provision pedestrian paths separate from vehicle routes


LAWNS

Pedestrian circulation paths CAR PARKING

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Ø Loading and service areas shall be integrated with the built form and landscape treatments for the site

Ø Loading and services bays should be separated from private vehicles, pedestrian and bicycle routes and

Ø Car parks are not to be used for temporary storage of goods, for servicing or loading. Ø Ensure truck parking and circulation areas are paved with appropriate all weather surfaces Ø Street parking of trucks is not permitted

Figure 4-4; Overhead View of Car Park and Circulation


INDUSTRIAL PLANT

BUILDING

LAWNS

Access Roads inside Plant

Car parking and circulation areas are paved with appropriate all weather surfaces

Car parking and access routes complying with Physical Planning Handbook standards

Car parking are landscaped a rate of 1 every 6 bays

All vehicles will enter and leave the parking lot in a forward manner

car parking is not located within 5 metre front setback from the front Plot boundary

5m

Car circulation

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Figure 4-6; Overhead view Truck Park and Circulation

Figure 4-5; Overhead Elevation View of Car Parking;

car planting is not located within 5 metre front setback from the front Plot boundary

All vehicles can enter and leave the planting lot in a forward manner

Car planting and access routes comply with Physical Planning Handbook standards

Car planting in line with MCM Regulations

Street parking of trucks is not permitted

Truck parking and circulation areas are paved with appropriate all weather surfaces


Source’ Author, 2010


INDUSTRIAL PLANT

BUILDING

Industrial plant buildings


car circulation

Truck circulation

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Figure 4-7; Perspective view of truck parking and circulation

Source; Author.2010

4.3 Site Layout and Building Orientation The orientation of buildings to take advantage of passive solar access and prevailing winds is an important consideration during site planning. Similarly it is a major concern in the prevention of air pollution and the management of particulate matter and the directing of noxious gases from industrial processes.

The following should be addressed:

Ø orientation and openings to maximize natural cross flow ventilation and Ø landscape to be designed to provide shade and sunlight Ø building orientation and design to maximize northern and southern exposure and minimize or

shade east and west facing windows and openings;

Figure 4-8;Overhead Perspective view of Site and building orientation

Truck parking and circulation areas are paved with appropriate all weather surfaces

Street parking of trucks is not permitted

Outdoor Amenity area

Vegetation for shade structure and solar access

Cool winds and natural ventilation

Cool winds and natural ventilation


Vehicular Circulation parking


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4.4 Guidelines in the Landscaping

Site Level Design

4.4.1Landscaping A landscaping plan designed to preserve existing resources and features, promote wildlife habitat, and support on-site storm water control shall be submitted with an application for site plan review. Due to the variation of each site, creativity and diversity in landscaping is encouraged. The landscaping plan shall be prepared by a licensed landscape architect, professional landscape designer, or nursery professional. The following guidelines shall be followed; Ø Site disturbance shall be minimized and existing vegetation and undisturbed soil shall be

retained whenever possible. When site disturbance is necessary, top soil shall be stock-piled and stabilized for on-site redistribution within new landscaped areas. Stock-piled soil shall remain covered to prevent soil loss and sedimentation of nearby surface waters.

Ø Existing non-invasive vegetation shall be preserved wherever possible. Ø Maximum effort should be made to preserve small stands of trees, rather than individual trees,

to minimize the potential for serious damage due to wind, grade changes and soil compaction. No construction materials, equipment, vehicles, or temporary soil deposits shall be located within the dripline of existing trees. Protective barriers shall be installed around each plant or group of plants that are to remain on site

Ø Development shall follow the natural contours of the landscape to the maximum extent possible to minimize grading.

Ø Cut and fill shall be minimized, with the maximum height of any fill or depth of any cut area, as measured from the natural grade, not greater than 10 feet and preferably limited to four to six feet.

Ø Any contiguous area of disturbance, not associated with the installation of a roadway, shall be limited to 20,000 square feet for residential development and to 100,000 square feet for other types of development. Contiguous areas of disturbance shall be separated by at least 20 feet of area maintained at natural grade and retaining existing, mature vegetated cover.

Ø Lawn or grass covered areas may comprise no more than a percentage of the total vegetated area. A minimum of 2 different grass species with three or more preferred shall make up the seed or sod.

Ø Plants shall be selected based on consideration of site conditions and plant function. Use of native species is encouraged; hybrid varieties of native plants,and plants that are non-native and non-invasive are also permitted

Tree Coverage To promote the replacement of trees removed during site construction and development:

Ø Developers must plant and maintain at least one tree for every 35 feet of frontage, with a minimum of one tree per lot, or at a density of one tree for every 400 square feet of paved area for non-street surfaces.

Ø Trees shall have a minimum caliper of 2-21/2 inches when planted. To foster biological diversity when more than 10 trees are planted at the same time the “10-20-30 Rule” shall be used. (No more than 10% of the trees shall be of the same species, no more than 20% in the same genus, and no more than 30% in the same family.)

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Ø Trees shall be planted in locations that

provide site value such as aesthetics, shading, and cooling of buildings or planting areas for energy efficiency, wildlife habitat, and stabilization of soils in disturbed areas. Trees shall not be planted in locations that block safe sight lines for vehicles and pedestrians entering and exiting the site. Ø Landscapes that include many layers

and varieties of plants begin to mimic natural ecosystems. These landscapes require less maintenance resulting in reduced energy use and lower energy costs.

All trees and shrubs shall be planted, maintained, or transplanted in accordance with accepted nursery and horticulture standards such as those specified by International Society of Arboriculture or the Ministry of Environment, or NEMA

4.4.2 Creation Of Buffers (Buffer Zoning) Subdivisions shall provide a vegetated buffer along the street or right-of-way providing frontage to the existing lot of record The buffer shall be a minimum of 20 feet in width and comprised of preserved natural non-invasive vegetation.

As an alternative to II.A, the buffer may be designed in accordance with one or more of the following options. If existing vegetation in the buffer is predominantly comprised of lawn or grass, the buffer shall be designed in accordance with one or more of the following options:

Ø A minimum of one tree per 35 linear feet or portion thereof excluding curb cuts, densely planted with a combination of shrubs, perennials, vines, and groundcovers planted en masse to form a year-round dense screen at least 6 feet high within 3 years. A combination of both softwood deciduous plants and evergreens are encouraged.

Fig 4-8; Site Landscaping Techniques

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Ø A fence or wall of uniform appearance no more than 6-feet high (cannot be concrete block) may be used in conjunction with plant materials with a minimum 10 foot buffer between the fence and the street. A minimum of one tree per 35 linear feet, or portion thereof excluding curb cuts, with a combination of shrubs, perennials, vines, and groundcovers planted en masse per 35 linear feet.

Ø A combination of both deciduous plants and evergreens are encouraged. Ø Spacing between individual trees shall not be more than 35 feet, not more than 6 feet for

individual shrubs, and not more than 3 feet between individual perennials and groundcovers.

Sidewalks Where sidewalks are required, a minimum four-foot buffer shall be provided between the street edge and a paved sidewalk or walkway area. It is strongly recommended that the buffer area be vegetated with perennials, groundcovers, and shrubs (30 inches or less at maturity). If grass is used, it shall be a mix of at least two different species with three or more preferred.

Cul-De-Sacs Where cul-de-sacs are permitted, the island or center area of the cul-de-sac shall remain in a natural vegetated state, with any invasive species removed. If it will be used as a biofilter for stormwater treatment, the area shall be vegetated with a combination of living plant material including trees, shrubs, and groundcovers. Non-living landscape material may cover up to 20 percent of the island or center area. When planting of vegetation is required, cul-de-sac landscaping shall be installed after construction of the street is complete.

Street Trees When new streets are proposed as part of the subdivision, new streets shall be bordered with trees on both sides. To avoid damage to trees during construction, street trees shall be installed upon completion of the street construction, and street trees shall conform to the following standards: Ø Trees shall be salt and drought-tolerant, native or non-invasive species, and have a structure

and growth form which prevents them from obstructing sidewalks and walkways. Trees shall have a caliper of no less than 2-21/2 inches when planted.

Ø Trees located under utility wires should be a low-growing species. Ø To foster biological diversity trees planted along a given street shall use the “10- 20-30 Rule”

(No more than 10% of the trees shall be of the same species, no more than 20% in the same genus, and no more than 30% in the same family.)

Ø Trees shall be located no more than 35 feet apart.

Design vegetative buffers with a variety of layers that include both deciduous plants and evergreens. These buffers blend with natural landscapes and have more aesthetic appeal Trees should be located to avoid obstruction for driver visibility, and to avoid interference between root systems and utilities. Trees may be planted individually or clustered. All newly planted trees, shrubs and other vegetation shall have a watering plan during the establishment period (for trees, one-year-per-inch in caliper at planting, shrubs and other vegetation generally establish within one growing season). Mulching trees, shrubs, and plants helps retain soil moisture, moderates temperature fluctuations, provides protection from mechanical damage by mowers and trimmers, and serves as temporary covering of exposed soil until understory plants and

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ground covers fill in. However, thick applications of mulch (such as “volcano mulching”) will kill trees and other vegetation. Mulch shall be no greater than 3 inches in depth and shall not be in contact with the bark or stems of plants.

Incentive Bonuses: Two existing healthy and non-invasive trees, with a caliper of 3 inches or greater, preserved using proper protection methods within the required planting area, may be substituted for one required tree, to be determined by the planning board Where an applicant proposes leaving a significant portion of healthy trees within the construction area, alternative landscaping designs will be considered.

Vegetation Vegetation planted in accordance with the requirements of this section shall be native or non-invasive species selected for their adaptability to the climatic, geologic and topographical conditions of the site. Shrubs and hedges shall be a minimum of 24 inches in height when measured immediately after planting. Groundcovers and perennials may be less.

Documentation A note should be added to the plan indicating that “Development of lots shown on an approved subdivision plan shall comply with the landscaping requirements set forth in the Municipal Council of Mavoko Zoning Ordinance and Subdivision Regulations.”

Performance Guarantee To ensure that landscaping is installed in accordance with the final approved landscaping plan, a performance guarantee shall be provided as a condition of approval in an amount determined by the planning board. The performance guarantee shall be released following an inspection by the Municipal Council of Mavoko Enforcement Officer. To ensure that landscaping functions as designed and all plants remain healthy, a performance guarantee shall be required, as a condition of approval, which will be held a minimum of 24 months after an approved inspection as required in accordance with The Municipal Council of Mavoko Zoning Ordinances and Subdivision Regulations

Landscaping Maintenance If the street is to be a private street, cul-de-sac landscaping, street trees and other landscaping as required shall be maintained by a property owners association that is responsible, in perpetuity, for maintaining all landscaping in good condition and replacing as necessary to the standards herein, and to keep landscaped areas free of refuse and debris. The legal instrument establishing this requirement as part of the homeowners association shall be submitted to the planning board for review and comment by town counsel prior to the planning board taking final action on the application. If the street is to be dedicated to and accepted by Municipal Council of Mavoko, then the town/city shall be responsible for maintaining street trees and cul-de-sac landscaping.

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4.5.2 Planning and Policy Implications of the Integrated Approach Development Proposal

Social Implications The plan will entail the awareness of the inhabitants of Nyambura and Kosovo slum o f the various tree species that will do well in the climatic setting that the industrial plant is set in which is Mavoko. To ensure this, the Planning Committee will conduct a botanical research for the tree species that are resistant to prolonged periods of drought and intense heat. This is likely to involve some level of community participation especially with the local environmental clubs or groups and individuals who are within the environmental sector. Interaction can be through Focus Group Discussions or questionnaires. Similarly interviews with the Key District Environment officer or any line ministry or institutional officer e.g. NEMA, Min of Environment can provide the data

Economic and Financial Implications The planning and site design will require the services of a landscape architect or exterior designer and his consultancies will be commensurate to either man hours or the site’s specifics. The hiring of the local skilled and unskilled labourers will also form a cost component as will the licensing and approval processes for development at the Municipal Council of Mavoko. The cost of the tree seedlings and other vegetation supplements will also constitute a significant budgetary consideration for the project. These can however be sourced under an institutional framework from any line ministry dealing with environment e.g. Ministry of Environment, NEMA

Environmental Implications The foliage leaves of the trees have an absorbent attribute and hence will reduce the impact of particulate dust and facilitate noise abatement from any point source within the industrial complex. The proper site landscaping will enhance drainage flow to the designated waste water and solid waste collection points. This will reduce the impact on the surrounding environment due to industrial effluents and wastes.

Legal and Institutional Frameworks The plan will call for focused interventions from various environmental institutional players led by the Ministry of Environment and this is through the direction of the Machakos District Environmental Officer whose jurisdiction covers the area.

Similarly, the Ministry of Industrialisation through the delegated line institutions within the industrial institutional framework will be a key institutional player.

The Municipal Council of Mavoko through its Planning Office will also be instrumental in the approval of the development applications by the proponent.

Site Planning The process of site planning commences with the situational analysis performed earlier and informed by the findings of the Planning Research Project.

The key findings of the study that will inform the implementation of the Planning Development Project are the natural features, climatic factors and site topography as well as circulation and accessibility networks.

Land Use Planning Measures These land use planning measures will be used for the overall implementation of the plan. They fall into three categories; planning instruments, mitigating instruments and financial instruments

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Zoning Zoning is this aspect will include land use; industrial zoning and noise zoning. This will be carried out by the Municipal Council of Mavoko’s Physical Planning Office. This is to result in the conversion of noise sensitive land uses to compatible land uses with the industrial land use of to relocate

Change of User This will be through encouraging the developers and land owners to change the user within their land titles if they aren’t noise compatible e.g. residential developments to be converted to commercial land uses

Mitigating Measures

The Building Code The Code will highlight the site specific descriptions of materials to be used in industrial setups

Noise Insulation Programmes There involve noise insulation of developments next to the industrial plant to prevent their demolishing or eviction. This is by addressing building typologies and also building elements through measures such as; insulation of all exterior walls and ceilings, upgrading the doors and windows to acoustical standards limiting excessive noises and vibrations.

Transfer of Development Rights The transfer of the developers’ rights in the Nyambura and Kosovo slums will be inevitable the settlement is expanding yet there is no habitable land as the drainage channel reserve is 5 meters

Financial Instruments

Tax Incentives

The tax incentives will be for those developers who haven’t paid accruing land rates or have shown willingness to change user of their land use into more compatible land uses . these will similarly occur to those land developers who have undertook noise insulation on their developments. The tax relief on insulation material swill encourage more developers to follow suit

Loans The insulation of existing buildings in the vicinity of the large scale industrial plant can be a costly undertaking. Similarly the purchasing of seedlings and other environmental conservation material will require funding by the various institutional players within the Environment docket as well as the proponent himself.

The implementation of the project will experience a considerable success if it is to be a collaborative venture as this is unachievable by the efforts of the proponent himself. This is due to the holistic nature of the project with areas of partnership and co-operation emerging. This is especially necessary within the existing institutional frameworks. The need for collaboration is hence reflective of the participatory nature of the project in incoropating all the stakeholders within the broader Mavoko planning framework, environmental and institutional spheres and most importantly the community members to achieve the much needed level of community participation and hence increase a strong sense of community ownership and lead to its sustainability.

A guiding implementation schedule is shown below to inform this approach

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Table 4-2; Implementation Schedule for Integrated Approach Development Proposal; Site Landscaping and Buffer Zoning Component

Strategy Programmes Project Programme Costing

Time frames

Legal framework

Actors

Landscaping Determining Species -Conduct Community Focus Group Discussions and FGD -Consult Key informants in areas environment

Ksh 0.5 Million

1 month EMCA Forestry Act

NEMA MCM Min. of Environment Community based organisations-environment

Landscaping plan -Contract Landscaping Architect and site designer -Source for local labour -Prepare the land around the site -Purchase Seedlings and other related material e.g. fertilizers -Send Application to Develop to MCM

Ksh.2 Million

3 months PPA EMCA Law of Contracts

AAK. KIP. NEMA Community based organisations-especially environmental based youth organisations

Creation of a buffer Zone

Buffers -Transect walks -Site analysis -Sourcing for trees with foliage cover -Watering & manure

Ksh. 1 Million

1 month EMCA ARM MCM Local community organisations


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Table 4-3; Implementation Schedule For Integrated Approach; Eco-Industrial Plant Aspect

Strategy Programmes Project Project Costing Time frames Legal framework Actors Involvement of community and community leaders

-Align EID Development Plan with the community’s priorities on economic growth, environmental quality and social goals -Collect and analyze data on material flows in community . inputs, by-products and wastes, product output

-Establish an EID project team to provide leadership throughout the project. Roles would be determined by public and private stakeholders in the proposed EID. -Identify existing household, industrial, commercial, and agricultural waste streams that could be a feedstock for new industrial development, or that could be co-managed more effectively with new industrial infrastructure

Ksh. 0.5 Million 1 year EMCA Physical Planning Act Factories Act Occupational Safety and Health Standards Excessive Noise and Vibrations Act, 2009 Local Government Act

NEMA Parliament MCM Min. of Lands Min. of Environment Min. of Industrialisation Community leaders, youth, opinion shapers, CBO’s ARM EID Project Team

Conduct background research

-Additional assessment of data specific to community where the EID would be located is essential to support EID development that is consistent with community priorities -Obtain an inventory of regional and site-specific amenities and infrastructure -Conduct technology and market analysis

- Obtain Initial .set-up. Information -Assess land availability and consistency with the comprehensive plan. -Evaluate infrastructural capacity -Assess qualify of access to transportation networks and appropriate scale for new industrial ventures. - Conduct appropriate technical and financial assessments to determine the commercial scale viability

Ksh. 0.5 Million 1 year EMCA Physical Planning Act Factories Act Occupational Safety and Health Standards Excessive Noise and Vibrations Act, 2009 Land Acquisition Act Local Government Act

NEMA Parliament MCM ARM EID Project Research Team

Environmental Performance Evaluation

-Determine economic and environmental performance standards, measures of evaluation process Analyze proposed industrial value-chain Create alternative development scenarios - Evaluate and prioritize implementation strategies

-Determine Appropriate performance measures -Conduct economic impact modeling of the proposed eco-industrial supply chain. -qualify and quantify the economic value of the environmental benefits -. Consider Strategies need for financing, organization, and regulation

Ksh. 0.75 Million 6months EMCA Economic Recovery Strategy Factories Act Occupational Safety and Health Standards Excessive Noise and Vibrations Act, 2009 Land Acquisition Act Local Government Act

NEMA Parliament MCM Kenya Association of Manufacturers Nairobi Stock Exchange ARM EID Project Research Team

EID Plant development(Design Construction and Financing)

-public sector incentives - Regulations on Zoning, performance standards, transportation standards Preparation of conceptual EID site or cluster scenarios

- reflect priorities for the region and the existing material flows of the local economy . Development of site plans complimentary to community comprehensive plans. - Infrastructure and site preparation; -General construction schedule.

Ksh. 200 Million 5 years EMCA Economic Recovery Strategy Factories Act Occupational Safety and Health Standards Excessive Noise and Vibrations Act, 2009 Land Acquisition Act Local Government Act

NEMA Parliament MCM Kenya Association of Manufacturers Nairobi Stock Exchange ARM EID Project Research Team ARM EID Design Review Panel


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Time Frame, Phasing, Costing and Resource requirements

Actors/Implementing agencies-role of stakeholders in the implementation of the project

Partnerships and Role Sharing within Implementation Schedule

Ø Capacity Building of Athi River Mining Workers, Staff and relation on Environment Conservation through seminar/workshops, study tours, training on specific technical aspects e.g. Cleaner Development Mechanisms

Ø Capacity Building of locals/develop base of local consultancies on environmental management planning

Ø Identify stakeholders and strategic partners e.g. Municipal Council of Mavoko Ø Formation of multi-sectoral Technical Working Groups for each of the Eco-Industrial

program components Ø Identify Environmental and Biodiversity Conservation experts and develop terms of

reference for protection of environment within industrial set-ups Ø Conduct Eco-Forums with stakeholders and partners in pilot projects like the Athi River Eco-

Industrial Plant Ø Identify successive projects after the pilot Athi River Mining Eco-Industrial Plant to enhance

the town’s eco-industrial appeal. Ø Develop information dissemination tools for the locators, local government, PEZA, and

government partners Ø Year 2 Quarter 1-4 Ø Set-up an EID Information Center in the Athi River Eco-Industrial Plant pilot area and at the

Municipal Council of Mavoko to educate the public and stakeholders on the benefits of the plant and eco-industrial development

Ø Ensure proper mechanisms of Industrial Waste Management/By-Product Recycling are utilized within the pilot areas

Ø Put together a compilation and organize an expo of “best practices” in industrial plants to show the benefits of Eco-industrial Development

Ø Year 3 Quarter 1- 4 Ø Set-up an EID experts pool from which the implementation of subsequent projects will be

informed Ø Explore financial/investment opportunities from results of Waste Management/By-Product

Recycling Mechanisms through government funding agencies, aid organizations, and private partners

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CHAPTER 5 5.0 MONITORING AND EVALUATION OF PLANNING

DEVELOPMENT PROJECT

Introduction The development proposals require a framework for the monitoring and evaluation of their outcomes. These will be accomplished by the analysis of indicators identified in the planning stages.

5.1 Monitoring and Evaluation stages in the implementation of the project- Indicators of Progress

Some of the indicators of progress will include some of the standards of environmental ambience e.g. ambient air quality which is the quality of air breathable by a human being with no adverse effects due to the presence of a pollutant in it.

Maintenance of Environmental Authority Standards ; e.g. NEMA Ambient air quality standards for Total Suspended Particulates TSP- 300 g/m3 24 hour should be the maximum average of daily production processes in the industry while a TSP- 100 g/m3 should be the annual average and not be exceeded more than 3 times per year

Similarly the noise levels experienced by the surrounding land uses especially the residential houses will inform the progress as being positive or negative..

The levels of environmental degradation experienced both on-site and off-site with regard to soil erosion, overburden dumping, solid waste and waste water disposal mechanisms

5.2 Guidelines for the Implementation process

These are the actual strategies for implementation of the Site Landscaping and Creation of Buffer Zone at Athi River Mining. It also calculates the estimated time for the implementation as well as the actors and agencies responsible. Attached in appending landscape table

5.3 Site/Environmental Management plan

The Management of the site shall be charged to the occupants and the Athi River Eco-Industrial Plant Environmental Management Committee that shall ensure that the site’s overall activities are mitigating any bio-physical impacts previously identified.

Environmental Management Plan Guidelines for mitigating Bio-Physical Impacts

Ecosystem Disturbance A conservation plan will be compiled prior to future mining to ensure that a representative sample of the range of habitat and community types in the site are maintained and that the evolutionary and ecological processes maintaining biodiversity are not disrupted. Particular attention will be paid to prevent fragmentation of the landscape

The area cleared for mining will be kept to the minimum that is necessary for the safe operation of the mine. The extent of the impacts should be further reduced by ensuring that the overburden and tailings

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will as far as possible, be backfilled and dumped in areas where mining will have been recently completed. In this way, the dumping of mining in un-mined areas, or previously rehabilitated sites, can be avoided. Care will be taken to avoid wind and water erosion during and following mining and the introduction and establishment of noxious weeds and pests should e prevented to avoid further loss of habitats and natural communities

The land –based mining the top soil will be characterized and retained for use in rehabilitation. It will be use immediately rather than storing it in stock piles as the risk of losing it to wind and water is there. It should only be discarded if it’s physically and chemically undesirable, or if it contains high levels of weed seeds or plant pathogens. The use of wind breaks in the initial stages of the rehabilitation process will also be exercised

The seasonality of the ecological process in the area will be accommodated and designed into the environmental management aspects of the mining process

The rehabilitation of any decommissioned mines will be guided by a rehabilitation plan which should be compiled prior to the commencement of mining at the site. This plan will meet the statutory requirements for rehabilitation and will aim for rehabilitation to be achieved in the shortest period of time

The area undergoing rehabilitation shall be made safe by removing and controlling residual hazardous materials. Any potentially toxic overburden or over exposed strata should be identified and managed so as to avoid environmental damage or barriers to rehabilitation

Mining blocks shall be progressively rehabilitated so that the rate of rehabilitation initiation is similar to the rate of mining. Recently removed topsoil from the new mining areas should where appropriate be used in rehabilitation

Environmental Management Plan Guidelines Mitigation of impacts on Ambient Air Quality Exploration, development, extraction and processing often result in negative impacts on the ambient air quality, through release of the dust and particulate matter, hence;

In the initial phases the removal of vegetation will be minimal as possible only removing vegetation that is essential to accommodate construction

During construction the access and site roads will be sprayed with water to reduce the dust

Cleaner Technology will be used during the mining operation

Rapid re-vegetation will be employed

NEMA Ambient air quality standards for Total Suspended Particulates TSP- 300 g/m3 24 hour should be the maximum average of daily production processes in the industry while a TSP- 100 g/m3 should be the annual average and not be exceeded more than 3 times per year

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Table 5-1; Guidelines For Implementation; Possible Actions To Meet Environment Management Objectives Sector Strategies Projects Vegetation -Keep land clearance to minimum to meet the requirements of the extraction

-Avoid development of extractive industry operations in domestic water supply catchments e.g. Athi River -Observe Drainage lines (25m on either side), streams ( 50 m on either side), Water supply reservoirs (100 m + FSL) and construct Channels -Do not clear vegetation on defined ground water recharge areas for salinity control reasons -Do not clear vegetation on defined ground water recharge areas for salinity control reasons

-Establish and maintain buffer zones (i.e. undisturbed vegetation, predominantly trees around crucial areas) -Minimize disruption to soil and vegetation with the construction of associated access roads and provision of services

Drainage -Manage water leaving the site -Drain run-off leaving the work areas (including topsoil or overburden stockpiles) directly to sediment detention dams to ensure that only clean water is discharged -Design sediment detention dam and their spillways to cope with the infrequent but high intensity storm -Design and construct the sedimentation dams using sound soil engineering methods -Do not pump off or drain surface run-off from the site without passing it first through a sediment detention dam -Clear sediment from sediment detention dams when it occupies more than one half of the depth of the dam -Remove and dispose of sediment from sediment detention dams in such a way no drains or waterways are contaminated -Ensure stream and drainage line road crossings are adequately constructed -Avoid working on areas prone to water logging Incorporate a site drainage plan as an integrated component of the work plan

-Determine expected run-off rates from the site using rainfall frequency and duration curves, size of area generating run-off, run-off co-efficient and appropriate storm return periods -Channels and waterways must be designed to avoid scouring and erosion within the channels by careful management of longitudinal slope and cross section shape (maximum safe velocity for erodible soil is 0.5 m/s and up to 1 m/s for soil of low erodibility) -Where flow velocities cannot be reduced to safe levels the channel will need to be protected with erosion resistant materials -Maintain and / or reinstate natural drainage patterns utilizing slope shaping -Minimize size of the catchment through the diversion of water entering the site from adjacent lands

Soil -Access rumps are kept to a minimum and constructed to minimize erosion and turbulence problems -Minimize erosion and sedimentation -Do not carry out extraction operations on areas of high erosion hazard -Contain the area of exposure of physical soil maximum 0.5 ha – 1 ha -Do not clear steep slopes i.e. < 20% -Use stockpiled overburden materials to assist in reforming the site topography

-Avoid steep cuts slopes or fill slopes (maximum 1 vertical to 3 horizontal) -Construct access roads with Longitudinal slopes less than 10 % crowning to shed run-off Sufficient cut –offs and culverts installed to reduce rates of run-off and avoid erosion -Properly form, drain and seal planting and holding areas

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-Mechanical stabilization of steeper slopes -RE-incorporation of overburden materials -Stockpile overburden materials and use them as part of the rehabilitation -Build and manage the stock pile to prevent it from eroding(maximum height 3m and side slopes at a maximum of 1 vertical 3 horizontal) -Replacement of original top soil -Strip top soil from each area to be worked and carefully store it for re-use at completion of the environment -Strip top soil to a depth of 150-200 mm before operations commence -Stock pile the topsoil in low heaps and in position which avoid further disturbance and do not prevent weed infestation and control erosion Keep topsoil stock piles clearly separate from other overburden heaps -Plant appropriate ground cover on topsoil in the stock pile to prevent surface damage maintain populations of beneficial soil microbes and

-Reclaim site methodically and progressively -Rehabilitate progressively so that the rate of rehabilitation is similar to the rate of extraction Even out irregularities -Form gently sloping barriers (aim for 1 vertical to 4 horizontal) between natural surface and the level of the extracted area -Use stockpiled overburden materials to assist in reforming the site topography Mechanical stabilization of steeper slopes -RE-incorporation of overburden materials Stockpile overburden materials and use them as part of the rehabilitation -Identify any potentially toxic overburden materials and cover and screen it such that the toxic aren’t mobilized within the site or from the site modify drainage patterns -Ensure the continued biological activity of topsoil in the stock pile by keeping the height low (maximum height of m) and not allowing any activities on them which would cause compaction

Air -Minimize dust and noise pollution -Develop dust suppression program (usually via watering) and ensure a sufficient capacity of water available to do so -Control noise emission from machinery

-NEMA Ambient air quality standards for Total Suspended Particulates TSP- 300 g/m3 24 hour should be the maximum average of daily production processes in the industry while a TSP- 100 g/m3 should be the average


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Conclusion

The implementation of the project will experience a considerable success if it is to be a collaborative venture as this is unachievable by the efforts of the proponent himself. This is due to the holistic nature of the project with areas of partnership and co-operation emerging. This is especially necessary within the existing institutional frameworks. The need for collaboration is hence reflective of the participatory nature of the project in incorporating all the stakeholders within the broader Mavoko planning framework, environmental and institutional spheres and most importantly the community members to achieve the much needed level of community participation and hence increase a strong sense of community ownership and lead to its sustainability. The financial requirements of the preferred development proposal can also be offset by the awarding of tenders to interested developers who would provide development plans for the approval of their inclusion into the Athi River Eco-Industrial Mining Company Limited Park thus intensifying the competitive nature of production within this setup. Similarly proper publicity within development circles and commercial strategies like the issue of rights and other measures within the Capital Markets framework, where Athi River Mining Company Limited is listed within the Nairobi Stock Exchange can similarly result in increased working capital for the pursuit of this venture. The overall goal of achieving an environmentally friendly Athi River Mining Company Limited is hence possible within this approach and hence reduces the impacts of harmful industrial pollution from production processes within industrial plants on human settlements

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