D4 R7 Highway Project - Slovak Republic · approved the proposal the PPP Project: D4 Highway for sections Jarovce Rača and the R7 Expressway sections – Bratislava Prievoz – Holice

Issue Ministry of Transport, Construction

and Regional Development of the Slovak Republic, National Highway Company D4 R7 Highway Project - Slovak Republic Non-technical Summary

15 October 2015

D4 R7 NTS_07102015 v3 15102015 clean.docx

Issue

8 Oct 2015

Ministry of Transport, Construction and Regional Development of the Slovak Republic, National Highway Company

D4 R7 Highway Project - Slovak Republic Non-technical Summary

15 October 2015

Contents Page

Overview 1

Project Description 1

Key Project Benefits 3

Project Development and Planning 4

Environmental Impact Assessment Process 6

Project Alternatives Considered 9

Project Impacts 15

Biodiversity / Impact on Natura 2000 sites and proposed mitigation and compensation measures 16

8.1 Mitigation measures 20 8.2 Compensation measures 20

Visual Impact 22

Social Impacts and Resettlement 24

10.1 Social Impact Assessment 24 10.2 Land Acquisition Process 25 10.3 Key findings from the Social Survey 28

Public Consultation and Project’s Stakeholder Engagement 30

Cumulative Impacts 31

Road Safety 32

Mitigation Measures 33

Monitoring requirements 34

Summary of the Project Environmental and Social Action Plan (ESAP) 35

Contact Information 37



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Overview The Government of Slovakia regards implementation of the Project the D4 Highway and R7 Expressway PPP Project (‘D4-R7 Project’ or ‘the Project’) as a strategic priority for strengthening the country’s importance in the international transportation network, as well as resolving long-standing transportation issues in the City of Bratislava and surrounding communities.

The European Bank for Reconstruction and Development (‘EBRD’ or the ‘Bank’) is considering providing finance to the future Concessionaire who will be selected by the Slovak Ministry of Transport, Construction and Regional Development (MoT) for the D4-R7 Project.

The Project is categorised as a Category A project under the EBRD’s Environmental and Social Policy (2014). EBRD operates a procedure for Environmental and Social Due Diligence for Category A projects, which requires preparation, public disclosure and consultation on environmental and social impact assessment documentation prior to approving finance for a Project.

To accord with the EBRD’s Performance Requirement 10, a disclosure package (comprising this Non-technical Summary (NTS), Environmental and Social Action Plan (ESAP), Stakeholder Engagement Plan (SEP), Land Acquisition and Resettlement Framework (LARF), as well as Environmental Impact Assessment (EIA) documentation and Biodiversity Compensation Plan (BCP)) has been developed to provide current information about the Project.

This Non-technical Summary summarizes the requirements for and process of assessment of environmental and social impacts, land acquisition and stakeholder engagement for the Project. The disclosure package will be available throughout the Project’s life. A grievance management procedure for the Project is defined in the Stakeholder Engagement Plan. The procedure for addressing grievances related to land acquisition or resettlement is provided in the LARF.

Project Description The Project involves the design, construction, financing, and operation and maintenance of two dual-lane sections of the D4 highway (Sections 1 and 2), three sections of the radial R7 expressway (Sections 3, 4 and 5) with a total length of 59 km, and the relocation of 4.8 km of local road (Sections 6 and 7).

Sections 1 and 3 will directly impact on two Natura 2000 sites (Danube Floodplains Special Protection Area and Biskupické Floodplains Special Area of Conservation) and the Danube floodplains Ramsar site.

Sections 1 and 2 (D4 Highway) are part of the Trans-European Transport Network (TEN-T), totalling 27 km in length and include eight interchanges and 55 bridges.



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Sections 3, 4 and 5 (R7 Expressway) total 32 km and include five interchanges and 29 bridges. The R7 Expressway will connect the D4 and existing D1 highways and will secure access to the City of Bratislava from the south-east. It will also improve the connectivity between the industrial zones and urban districts.

Details of the sections included within the Project are as found in Table 1 below. This information is also detailed in Figure 1 and Figure 2 below.

Table 1 Project section details

Section no. Name length

Section 1 D4 Highway Jarovce – Ivanka North 22.59 km

Section 2 D4 Highway Ivanka North – Rača 4.40 km

Section 3 R7 Expressway Bratislava Prievoz – Ketelec 6.31 km

Section 4 R7 Expressway Ketelec – Dunajská Lužná 8.22 km

Section 5 R7 Expressway Dunajská Lužná – Holice 17.38 km

Section 6 Relocation of the Road II/572 Most pri Bratislave 2.20 km

Section 7 Relocation of the Road II/572 Galvaniho Street 2.62 km

Figure 1 D4 and R7 highway network (Sections 1-5)

Section 1 Section 2 Section 3 Section 4 Section 4 Section 5



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Figure 2 Relocation of the Road II/572 (Sections 6 and 7)

Key Project Benefits The main benefits of the new highway network connection via the D4 will be the decongestion of the Bratislava transport system, improved transport connections to the wider highway network (D4, D1, D2), partial relief for the road network surrounding Bratislava city, enhancement of public transport services, and reduced adverse environmental impacts as a result of diverting heavy cross-border traffic from Bratislava city centre.

The proposed D4 Highway reduces the number of vehicles on existing roads in the city of Bratislava, alleviating congestion of the main access routes in and out of the city centre.

The proposed R7 will contribute to the transport connection between the D1 and D4 highways, through the creation of additional ring road sections in order to help relieve traffic on existing radials through heavily urbanized areas. Project R7 should eliminate daily traffic jams from Dunajská Streda through the city districts of Bratislava. At present, the I/63 bypass has insufficient capacity and safety is a noted issue that requires improvement. The proposed road in Section 5 will serve as a bypass for the villages of Dunajská Lužná, Rovinka and the town of Šamorín,



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improving both capacity and safety issues. The R7 will link industrial zones and manufacturing facilities with residential areas, which will result in a better distribution of public transport services to the surrounding area.

Project Development and Planning Table 2 below presents a brief history of Project development.

Table 2 History of Project development

Strategic Plan for the Transport Infrastructure Development for 2020

A long-term vision of MoT in the field of road transport was established as a modern, high-quality, safe and efficient functioning network of motorways, expressways and first class roads. The Strategic Plan places a high priority to building road transport infrastructure including the construction of the Bratislava external bypass (D4 Highway Jarovce – state border SR/Austria) together with access roads, including R7 Expressway Prievoz – Lučenec.

Transport Development Strategy of Slovak Republic for 2020

D4 Highway, together with R7 Expressway, were established as the key priorities with regard to the development of road infrastructure.

Preliminary study of the Project 15.02.2013- basic preliminary definition of the Project D4/R7 was established.

The zoning permit for R7 Expressway section Dunajská Lužná – Holice

The zoning permit was issued on 02.09.2013, valid from 23.10.2013 until 16.12.2016.

The zoning permit for R7 Expressway section Ketelec – Dunajská Lužná


The zoning permit for D4 Highway section Ivanka North – Rača


The zoning permit for R7 Expressway section Bratislava Prievoz – Ketelec


The zoning permit for D4 Highway section Jarovce – Ivanka North


The zoning permit for Relocation of the road II/572- Galvaniho Street

The zoning permit was issued on 13.11.2014, valid from 15.12.2014. Valid until 15.12.2019.

The zoning permit for Relocation of the road II/572- Most pri Bratislave


Zoning Plan of the Slovak Capital Bratislava- Amendments and Additions 05.

The Zoning Plan of Bratislava became effective as of 10.11.2014. Amendments and Additions 05 to the Plan were developed based on the urban studies of the D4 Highway and R7 Expressway.

Overriding public interest On 29.10.2014 the Slovak Government issued a decision over the construction of the D4 Highway Bratislava, Jarovce – Ivanka North section overriding adverse impacts on the integrity of the Natura 2000 site due to a high public



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interest, provided compensatory measures are implemented.

The Prior Information Notice on the Concession for Works

The Prior Information Notice on the Concession for Works was published in the Official Journal of the Public Procurement Office no. 249/2014 under no. 31040 – POP on 22.12.2014, and in the S series of the Official Journal of the European Union no. 2014/S 248 – 437483 on 24.12.2014.

Feasibility Study The Feasibility Study for the Project was disclosed on 16.01.2015. The object of the Study was to analyse different variants of execution of the Project, assess their benefits and undertake feasibility analysis of a Public-Private Partnership (PPP) Project, after having examined all relevant economic, technical and legal aspects.

Government's approval of the Project

On 21.01.2015 the government of the Slovak Republic approved the proposal for the PPP Project: D4 Highway sections Jarovce – Rača and the R7 Expressway sections Bratislava Prievoz – Holice.

Notice on Concession for works A Notice on Concession for works was published in the Official Journal of the Public Procurement Office no 22/2015 under no. 2514 – KOP on 30.01.2015, and in the S series of the Official Journal of the European Union no. 2015/S 021 – 033433 on 30.01.2015.

Request for participation 27.03.2015 nine candidates submitted a request for participation.

Shortlisting On 12.06.2015 four successful candidates who best meet the conditions for participation in public procurement were selected.

Kick off meeting On 22.06.2015 an initial meeting on competitive dialogue took place.

Competitive dialogue negotiations

Competitive dialogue negotiations started in July 2015.

Completion of the competitive dialogue

Completion of the competitive dialogue and invitation to submit the final bid - 09.10.2015

Table 3 below presents Public Private Partnership (PPP) Project Implementation – key milestones and an outline of the timetable going forward.

Table 3 Public Private Partnership Project Implementation – Key milestones

Submission of final bids 13.11.2015

Selection of the successful tenderer

30.11.2015

Signing of the Concession Agreement

18.12.2015

Financial close 29.02.2016



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Building permits - for R7 Expressway section Dunajská Lužná – Holice - have been issued in September 2015.

- for R7 Expressway section Bratislava Prievoz – Ketelec anticipated to be issued in June 2016.

- for R7 Expressway section Ketelec – Dunajská Lužná anticipated to be issued in December 2015.

- for D4 Highway section Jarovce – Ivanka North - Rača, including relocation of the road II/572 anticipated to be issued in June 2016.

Commencement of construction 03.2016

Preliminary occupation of the first section.

11.2018

The Project is complete and in operation

05.2020

Environmental Impact Assessment Process The EIA process was carried out according to Slovak regulations (Act no.24/2006 Coll) which are fully harmonised with the EU Directive. The key documents and dates are presented in Table 4.



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Table 4 - EIA process

Road Section Preliminary

Environmental Study (Zamer)

Scoping Decision – (Rozsah Hodnotenia)

Issued by Ministry of Environment (MoE)

Environmental Report

(EIA)

Final Statement of the Ministry of

Environment (MoE)

D4

Jarovce - Ivanka Sever Diaľnica D4 Jarovce - Ivanka, sever, GEOCONSULT, 12.2007

19. 04. 2008 Číslo: 5487/08 - 3.4/ml

Diaľnica D4 Jarovce - Ivanka, sever, GEOCONSULT, 04/2010 Diaľnica D4 Jarovce - Ivanka, sever APPENDIX, Geoconsult 04.2011 - tunnel alternative was added

02.2012

Ivanka Sever- Rača Diaľnica D4 Bratislava, križovatka Ivanka sever - Stupava, HBH, 04.2008

18. 07. 2008 Číslo: 7155/08 - 3.4/ml

Diaľnica D4, Ivanka sever - Záhorská Bystrica, HBH, 12.2010

09.2011

R7

Prievoz -– Ketelec

Rýchlostná cesta R7 Bratislava Ketelec - Bratislava Prievoz, EKOJET, 02.2012

21. 05. 2012 Číslo: 4864/12-3.4/ml

Rýchlostná cesta R7 Bratislava Ketelec - Bratislava Prievoz, EKOJET, 05.2013

11.2013

Ketelec - Dunajská Lužná

Rýchlostná cesta R7 Bratislava- Dunajská Lužná, GEOCONSULT 01.2007

11.09. 2007 Číslo: 5461/07-3.4/ml Rýchlostná cesta R7

Bratislava- Dunajská Lužná

05.2009

Dunajská Lužná - Holice Rýchlostná cesta R7 Dunajská Lužná - Holice, EKOJET 02.2009

06. 05. 2009 Číslo: 4191/09-3.4/m

Rýchlostná cesta R7 Dunajská Lužná - Holice, Dopravoprojekt, 11.2009

06.2010



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The additional two sections of road relocation did not require EIA as per Act 24/2006. The Screening Decision was issued by the District Office in Bratislava (okresny urad Bratislava), as described in Table 5. Table 5 Screening decisions for road relocation

Road Section Screening Decision: date and reference number

Road Relocation II/572 Most Pri Bratislavie (2,62km)

02.09.2014, OU-BA-OSZP3-2014/071773/FIL/II-EIA – the project does not meet criteria for undertaking EIA, as the road section is less than 5km.

Road Relocation II/572 Galvaniho Street (2,2km)

02.09.2014 OU-BA-OSZP3-2014/071774/FIL/II-EIA - the project does not meet criteria for undertaking EIA, as the road section is less than 5km.

Any changes to the design were screened for the potential need of additional environmental assessment. Announcements for five changes to design have been made to date. None of these require further environmental assessment, and the relevant screening decision was issued by the MoE, details of which are provided in Table 6.

Table 6 Screening decision for Project changes

Section Project change - new screening

D4 Jarovce - Ivanka North Diaľnica D4 Bratislava, Jarovce - Ivanka North , oznámenie o

zmene, 05.2014.

Ivanka North- Rača Diaľnica D4 Bratislava, Ivanka North - Rača , oznámenie o zmene 05.2014.

R7

Prievoz - Ketelec - Ketelec - Dunajská

Lužná Rýchlostná cesta R7 Bratislava- Dunajská Lužná, Dopravoprojekt, 06.2013.

Dunajská Lužná - Holice

Rýchlostná cesta R7 Dunajská Lužná - Holice, Dopravoprojekt, 06.2013.

Rýchlostná cesta R7 Dunajská Lužná - Holice, ENVICONSULT, 10.2014.

Recommendations from the MoE, issued in the Final Statements, are legally binding and were taken forward in the subsequent stages of the permitting process.



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Documentation for the Zoning and Building Permit application demonstrate further implementation of mitigation measures identified in the Final Statements of the MoE.

Details on issuance and validity of Zoning Permits are presented in Table 2 above.

Building Permit documentation is currently being developed, and Building Permits are expected to be issued between September 2015 and June 2016.

Project Alternatives Considered National legislation requires that the same level of assessment is applied to all alternatives considered, and mitigation measures are proposed for each. Subsequently public comments were invited on all alternatives proposed during consultation meetings.

The preferred option is indicated by the MoE in each Final Statement, where clear justification for a selected route, summary of comments made by the public and the institutions consulted are presented.

For Section 1 (D4 Jarovce – Ivanka North) additional alternatives for the tunnel were assessed in response to public comments. The assessment was presented in the addendum to the EIA.

The alternatives considered for each section of the Project are presented in Figures 3-7, and are summarised in Tables 7-11 below.



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Figure 3 - Alternatives considered for Section 1 D4 Jarovce – Ivanka North

Table 7- Alternatives considered for Section 1 D4 Jarovce – Ivanka North

Alternatives considered Preferred route Key rationale

• ‘Zero’

• Variant A fialovy/ Violet

• Variant B cerveny/ Red

• Variant C (B modified) cerveny / Red

• Variant E (B modified) zeleny / Green

• Variant D modry / Blue (tunnel)

• Km 0,000-5,500 - Variant E

• Km 5,500 – 7,500 – Connection of Variant E and C

• Km 7,500 – onwards – Variant C

The final route crosses all affected Natura 2000 sites with a bridge (Variant E). To minimise impact, the estacade was lengthened up to km 5,500. Variant E enables the interconnection of cycling and pedestrian routes and encourages the use of this area for sport and leisure. Variant E has a lower construction cost. The tunnel alternative (Variant D) was considered to present unacceptable risk due to the following: - A large underground water source present beneath the site (Protected Water Management Area (PWMA Zitny ostrov) – The largest reservoir of underground water in central Europe); - Construction logistics; - Ineffective investment (IRR=3.8%); - Limited to a 4-lane motorway; and - Flooding concerns of the tunnel, potentially resulting in closure. The connection of the Variant E to Variant C in km 5,500:



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Alternatives considered Preferred route Key rationale - Offers the possibility of the development of leisure activities in Podunajske Biskupice; -Does not interfere with the HV line 400 kV, 110kV; -Is in compliance with airport requirements and potential future development.

Figure 4 Alternatives considered for Section 2 D4 Ivanka North – Zahorska Bystrica

Table 8 Alternatives considered for Section 2 D4 Ivanka North – Zahorska Bystrica


• Variant 7 a

• Variant 7 b

• Variant 7 c

• Variant 2 a

• Variant 2b

• Variant SPL

• Ivanka North - Raca: Variant 7b (tunnel variant, changed in new screening)

• Raca - Zahorska Bystrica: There were objections against the scheme raised by residents near the west side

EIA for entire route Ivanka North – Zahorska Bystrica provides the following rationale: Multi-criteria analysis (environmental, technical, economical, traffic) was undertaken and resulted in the preferred Variant 7c. The town of Vajnory, through a petition, requested Variant 7b, including a tunnel. The petition was considered, however the environmental report states that underground variant 7b could change the local hydrogeological conditions resulting



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Alternatives considered Preferred route Key rationale of the potential tunnel, and as a result no preferred route had been agreed, and the section Raca - Zahorska Bystrica is excluded from the Project.

in an adverse impact on the national natural reserve Šúr. It is therefore considered that an over ground variant is more suitable, and should include noise and light barriers. Minor vertical alignment changes have been made to the Announcement of change following the Act 24/2006 Coll. §18. The changes are based on the Analysis of D1/D4 and a technical study which elaborated on recommendations made in the EIA Final Statement. The final vertical alignment includes a crossing of D1 underneath (interchange Ivanka sever), a bridge over the Vajnorský spring, proceeding along the embankment, bridge over Račiansky potok, further embankment, and culminates with a bridge over a railway and Road II/502.

Figure 5 Alternatives considered for Section 3 R7 Prievoz – Ketelec

Table 9 Alternatives considered for Section 3 R7 Prievoz – Ketelec


• Variant A1 (cerveny) / Red

• Variant A2 (fialovy) / Violet

• Variant B (modry) / Blue

• Variant A2 22 criteria were taken into account such as interference of protected territories and elements, change of scenery, underground water, surface water and permanent land take of forest and agricultural land. As a result of this analysis Variant A2 was preferred. The advantages of Variant A2 include: - The shortest routing;



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Alternatives considered Preferred route Key rationale • Variant C2 (oranzovy)

/ Orange

• Variant D (zeleny) / Green

- The lowest capital cost; - Fewer noise impacts, therefore less mitigation measures required; -Compliance with the City of Bratislava Master Plan, as well as Bratislava self-governing region; - Reduced impact on visual landscape; -Less land take of agricultural land; -Accommodation of a larger volume of traffic from existing roads I/63 and Slovnaftska street; -Reduced risks during construction and operation; - No interference with the hydraulic protection barrier; -Further from explosion areas of the Slovnaft refinery; and -No direct impact on Natura 2000 sites. However the following disadvantages of Variant A2 include: - Largest land take of forest; -Aligned along the border of proposed protected area SAC0295(SKUEV0295) Biskupické luhy for 130m; -Construction difficulties; and -Requires the longest length of bridges.

Figure 6 Alternatives considered for Section 4 R7 Ketelec – Dunajská Lužná



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Table 10 Alternatives considered for Section 4 R7 Ketelec – Dunajská Lužná


• Variant A cerveny / Red

• Variant C zeleny / Green

• Variant A or C (both are equally justified from environmental and social perspective. Decided factor is not environmental and social)

From an environmental and economic prospective both variants are equal. Both variants require other projects to be constructed first (A - R7 Prievoz-Ketelec, C - double traffic lane of Ulica svornosti street) therefore coordination from the state would be required. Dunajska Luzna, Rovinka and Miloslavov municipalities accepted both variants, however the Bratislava district Podunajske Biskupice accepted only Variant A. Variant A is already included in the Bratislava Master Plan. Variant A is preferred in terms of traffic as it will open up a new entrance to the city.

Figure 7 Alternatives considered for Section 5 R7 Dunajská Lužná – Holice

Table 11 Alternatives considered for Section 5 R7 Dunajská Lužná – Holice


• Variant A modry / Blue

• Variant B cerveny / Red

• Variant E fialovy / Violet

• Variant A or a combination of A (km 0-10) and E (km 10-25)

Variant A connects Variant C from the previous section. The advantages of Variant A include: -Improved rate of traffic volume taken from road I/63; -Less permanent and temporary land take of agricultural land; -Reduced noise impact; and -Improved rate of return on the investment.

The Project documentation aligns with EBRD requirements for consideration of alternative options for Category A projects. The EIAs include an examination of technically and financially feasible alternatives and compare potential impacts providing opportunities for public comments. This allows environmental and social considerations and public consultations influencing the selection of the preferred option. The assessment and Final Statements included the ’do nothing’ alternative, and documented the rationale for selecting the particular course of action proposed.



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Project Impacts Evaluation of anticipated impacts of the Project on the existing environment, and estimation of their significance is presented in the EIAs.

The following key topics were considered for impact assessment:

• Population;

• Geology;

• Climatic conditions;

• Air quality;

• Noise;

• Surface water;

• Land;

• Groundwater;

• Visual impact / landscaping;

• Biodiversity;

• Archaeology;

• Cultural heritage;

• Palaeontology and important geological sites; and

• Other impacts (including on agriculture land, forestry, fisheries, recreational areas, and on traffic on existing roads).

Details on Project impacts can be found in the EIAs for each section, and also are summarised in the Final Statements of the Ministry of Environment for each Project section. This NTS elaborates on impacts on biodiversity, social and land acquisition impacts, and road safety as they are perceived as the most significant. Also, this NTS provides information on visual impact, and cumulative impact, as these two topics were not fully covered in the EIAs.



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Biodiversity / Impact on Natura 2000 sites and proposed mitigation and compensation measures

The proposed scheme will have direct impact on the following designated nature conservation sites:

• Danube Floodplains Special Protection Area (SPA) (SKCHVU007);

• Biskupické Floodplains Special Area of Conservation (SAC) (SKUEV0295);

• Danube floodplain Ramsar site (SK605).

The proposed scheme will also pass in the vicinity of other designated nature conversation sites, including :

- Special Area of Conservation SKUEV279;

- Special Protection Area SKCHVU029;

- Special Area of Conservation SKUEV029;

- Special Area of Conservation SKUEV0270.

The location of each Natura 2000 site is shown on Figure 8 below. The Ramsar site is not indicated on the map below, however its boundary lies within the Danube Floodplains Special Protection Area (SPA) (SKCHVU007).



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Figure 8 Location of the Natura 2000 sites and proposed D4 Highway and R7 Expressway

Since 2008, the Project design has evolved through consideration of alternative route alignments and methods of construction, with the aim of reducing the impact on ecological receptors.

Between 2008 and 2010 a preliminary assessment of impacts on ecological receptors arising from the Project for Sections 1, 2, 3 and 4 was undertaken during



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the planning of the Project route. The assessment was informed by a review of designated nature conservation sites and past records of protected and/or notable species within the study area.

Further, as a part of the EIA documentation, the Appropriate Assessment for four sections of the Project was developed and subsequently approved by relevant authorities, namely the Ministry of Environment (Sections 1-3) and the district environmental authority (Section 4).

A list of current documents describing assessment of impacts on Natura 2000 sites is provided in a Table 12 below.

Table 12 Current documents describing assessment of impacts on Natura 2000 sites

Document Forms part of documentation Endorsed / 'approved'

by Conclusions

Section 1 D4 Jarovce - Ivanka North Impact on Natura 2000 Sites "Primerané posúdenie vplyvu zámeru na územia európskeho významu a chránené vtáčie územia" March 2014, by HBH Projekt.

EIA Announcement of Change, DZP (Documentation for Zoning Permit).

Ministry of Environment Announcement of Change – 05.2014 Screening Statement 07.2014.

The scheme will have significant negative impact on protected areas in the PBA Dunajské luhy (SKCHVU007). Imperative reasons for overriding public interest for the Project to proceed are confirmed. Mitigation and compensation measures are proposed.

Section 2 D4 Ivanka North - Rača Impact on Natura 2000 sites "Priemerané posúdenie vplyvu zámeru na územia európskeho významu a chránené vtáčie územia" March 2014 2014, by HBH Projekt.

EIA Announcement of Change, DZP (Documentation for Zoning Permit).

Ministry of Environment Announcement of Change – 05.2014 Screening Statement 07.2014.

The scheme will have minor adverse impacts on Natura 2000 sites and no direct impacts on Natura 2000 sites. Mitigation measures are proposed.

Section 3 R7 3 Prievoz – Ketelec Impact on Natura 2000 sites “Hodnotenie vplyvov stavby na územia siete Natura 2000”May 2013, by EKOJET.

EIA Environmental report.

Ministry of Environment Final Statement 11.2013.

The scheme will have minor adverse impacts on Natura 2000 sites. Negative impacts caused by Section 3 will be alleviated by the Compensation Measures proposed for D4, Section 1 Jarovce - Ivanka North. Combination of the proposed mitigation measures in the Final Statement, together with the measures proposed in the Compensation Plan for D4 are sufficient in order to reduce the impact of this Section on the Natura 2000 site.



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Document Forms part of documentation Endorsed / 'approved'

by Conclusions

Section 4 R7 - Section 4 Ketelec - Dunajská Lužná Impact on Natura 2000 sites Rýchlostná cesta R7 Bratislava – Dunajská Lužná; Primerané posúdenie vplyvov stavby na územia sústavy Natura 2000 (v zmysle článku 6.3 smernice 92/43/EHS o biotopoch) January 2014, by DOPRAVOPROJEKT, and Regional Centrum for Environmental Protection (Regionálne centrum ochrany prírody Bratislava ŠOP SR Banská Bystrica).

DZP (Documentation

for Zoning Permit).

The District Authority, Department of Environmental Protection in Bratislava ( OU-BA-OSZP3-2015/51535/HUD, 18.06.2015). Department of Environmental Protection in Senec (OU-SC-OSZP/2015/6409, 10.08.2015. State Nature Protection, Regional Environmental Centre in Bratislava (RCOP BA 356/2015, 16.07.2015) .

The scheme will have minor adverse impact on Natura 2000 sites, no direct impact on Natura 2000 sites. Mitigation measures are proposed.

Appropriate Assessments were carried out to follow Czech Republic Appropriate Assessment methodology (Metodika hodnocení významnosti vlivů při posuzování podle § 45i zákona č. 114/1992 Sb., o ochraně přirody a krajiny, v platném znění) (Vestník MŽP ČR, ročník XVII, částka 11, listopad 2007) to ensure its compliance with the requirements of Directive 92/43 / EEC on habitats.

Eleven Annex 1 bird species regularly occur within the Danube Floodplains SPA. The Project will result in nest site removal of three Annex 1 bird species: black stork, black kite and white-tailed eagle. It was also reported that amphibian dispersal routes will be impacted by the Project.

With regard to critical habitat – as defined in the EBRD PR6:

• No critically endangered or endangered species (as defined by inclusion on the International Union for the Conservation of Nature national/regional Red List of Threatened Species) occur within the area impacted by the Project, which is likely to be because no suitable habitat to support such species is present.

• None of the habitats present within the Natura 2000 and Ramsar sites support endemic or geographically restricted species, which is probably because there is good connectivity with semi-natural habitats along the Danube floodplain.

• The Danube floodplain Ramsar site is an internationally important wetland and the river is a key migration corridor for fish and birds. However, the Danube River and floodplain habitats do not support any migratory or congregatory species of global importance.

• The Project will not impact on any unique or key evolutionary processes.



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• The ecological functions that maintain the viability of the biodiversity features associated with the two Natura 2000 and Ramsar sites will not be compromised by the Project.

For the aforementioned reasons, it is concluded that critical habitat is not present within the Project area and therefore there is no requirement for it to deliver net gain of biodiversity. However, certain habitats and species that occur within the Natura 2000 sites are priority biodiversity features which will be impacted by the Project.

The Appropriate Assessment confirms that there are imperative reasons of overriding public interest for the Project to proceed. The design of the Project was revised to reduce ecological impact, but adverse significant effects on the integrity of two Natura 2000 sites are still predicted. As a consequence, compensation measures for the affected priority biodiversity features have been proposed to ensure that there is no net loss of biodiversity.

The assessments also identify the requirement for mitigation and compensation measures to reduce adverse effects to ecological receptors, particularly those of European importance for which the Natura 2000 sites are designated. See details in section 14 of this NTS.

8.1 Mitigation measures The proposed mitigation measures include:

• Vegetation clearance between August and February to avoid disturbance to early breeding season bird species such as white-tailed eagle (which is between January and July inclusive) within the land required during construction;

• Installation of temporary exclusion fencing and translocation of amphibians captured from within the land required during construction;

• Provision of culverts under temporary access roads to facilitate amphibian dispersal;

• Provision of wood and stone piles for amphibians in suitable locations around the edge of the land required for construction;

• Barriers/screens and quiet asphalt road surfacing to reduce noise disturbance to birds within Danube Floodplains SPA.

8.2 Compensation measures Considering major adverse impact on the Natura 2000 sites, a Compensation Plan was proposed, and is currently awaiting approval by the Ministry of Environment, it is expected to be issued in November 2015.

The Compensation Plan ( July 2014) was prepared to describe the habitat creation and protection measures to reduce major impacts to three Annex 1 bird species (black stork, black kite and white-tailed eagle) that are associated with Danube Floodplains SPA but also Biskupické Floodplains SAC. The compensation



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measures will deliver net biodiversity gains in accordance with EBRD PR6. The proposed habitat creation and restoration areas compensate for at least twice the areas lost. Table 13 summarises the total habitat losses and gains and Appendix G presents locations of sites selected for biodiversity offsetting:

Table 13. Total habitat losses and gains

Habitat Type Losses Gains

River channel 49ha of 3150 - Natural eutrophic standing water with Magnopotamion or Hydrocharition vegetation.

5km river channel restoration at one site (see sites 076 and 077 on the map in Appendix G).

Woodland 8ha of 91F0 - Riparian Quercus robur, Ulmus laevis and Ulmus minor, Fraxinus excelsior or Fraxinus angustifolia woodland.

20ha of woodland creation at three sites (see sites 071, 072, 073 on the map in Appendix G).

20ha of woodland protection (from removal/disturbance) at five sites (see map).

Grassland None. 30ha of grassland creation at two sites (see sites 074 and 075 on the map in Appendix G).

Locations of sites selected for biodiversity offsetting are clearly defined and shown in the compensation plan. All selected sites are located within the Natura 2000 site boundaries and will provide appropriate habitat compensation for the three affected Annex 1 bird species. Other species are also expected to benefit. The proposed protection of certain existing woods would involve exclusion of the public at those locations which are known to have high potential to support the affected Annex 1 bird species. This proposal, when endorsed, will help maintain the conservation status of the affected Annex 1 bird species. All sites have been selected to ensure their suitability for nesting of the three bird species affected by the scheme.

In addition, the monitoring requirements for each section of the road proposes 3 pre-construction surveys between March and December (see section 15 of this NTS). If appropriately delivered, these surveys will collect further information, validate available desk based studies and also confirm whether the proposed ecological mitigation for the Project is appropriate. Additionally a route walk-over by an experienced ecologist is a requirement of the ESAP (see section 16 of this NTS).



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Visual Impact Different structure options of the Danube bridge were considered during the EIA process, with a focus on the appearance of the built form. Five options were considered of design solutions, based around 3 methods of bridge construction:

A. 3 variants of ‘cable-stayed’ bridge

‘Cable-stayed’ bridge with 4 pylons



B. ‘Extradosed – V pylon’ bridge



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C. ‘Balanced cantilever system’ bridge

Option A, ‘The cable-stayed’ bridge with 4 pylons, was chosen as the preferred option for the next Project development stage. During the Competitive Dialogue with the Bidders, the possibility of optimizing the technological and technical solutions of the Project, including the Bridge over the Danube River (according to the scope of options mentioned above), will be discussed. Opportunities to reduce the visual impact will be considered in the detailed design. Minimum requirements for the bridge have been defined by the Public Authority for the Bidders’ proposals; these proposals will be evaluated by the Public Authority before the end of the Competitive Dialogue. The detailed specification of the selected option will be provided to each Bidder for the Final Bid. The design elements of the proposed options will be discussed within the technical advisory team, which comprises architects, urban designers and specialists in bridge structures.

The potential viewpoint locations have been identified to date based on the following visual receptors: river users, road users and views from residences.

Figure 9 –Receptors points



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Figure 10- Receptors points in relation to high-rise and buildings located in elevated positions.

The ESAP includes a requirement for a Visual Impact Assessment to be undertaken by the Concessionaire and for information on the bridge selection to be publicly disclosed.

Social Impacts and Resettlement

10.1 Social Impact Assessment Socio-economic baseline and impacts were presented in all EIAs for the Project. Potential effects commonly described in the EIAs with regard to associated social impacts are provided in Table 14.

Table 14 - Socio-economic effects highlighted in the EIAs

Benefits arising from implementation of the Project

• Increased traffic and road safety, also through redistribution of the overall traffic load;

• Reduced pollution and noise, especially for settlements currently receiving main traffic load;

• Improved travel time;

• Reduced accidents;

• Improvements in health;

• General improvements in quality of life and well-being; and



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• Economic benefits, such as reduction in transportation costs.

Adverse impacts identified for construction stage, and in case of ‘zero alternative’

• Noise and vibration impacts;

• Air emissions, impacts on air quality, dust;

• Accidents and impacts related to traffic safety; and

• Generally health, psychological and well-being impacts (e.g. stress and associated illnesses).

A supplementary Social Survey (SS) was commissioned by the EBRD in August 2015 to additionally identify and assess baseline conditions of any disadvantaged or vulnerable groups that might be disproportionately affected by the Project, and to ascertain social, land acquisition and resettlement impacts of the Project.

Key finding of the SS are presented in section 10.3 of this NTS.

10.2 Land Acquisition Process The following land needs were established for the Project:

• Permanent and temporary land acquisition for construction and operation of Sections 1 and 2 (D4 motorway), Sections 3, 4 and 5 (R7 expressway), and Sections 6 and 7 (II/572 Road relocation);

• Land required for compensation measures for the Project impacts on Natura 2000 sites; and

• Additional land that may be acquired by the Concessionaire, subject to the Project detailed design and construction arrangements.

Summary of land needs for the Project is presented in the Table 15 below.



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Table 15 – Project land acquisition requirements

Section No.

Section description

Number of owners for permanent acquisition

Number of land owners for temporary acquisition

Amount of land for permanent acquisition (ha)

Amount of land for temporary acquisition (ha)

Structures to be affected

1 D4 Jarovce – Ivanka North

2,163 3,203 199,0550

53,2535

1 garden house.

4 or 5 permanently affected and 20 temporary affected houseboats.

2 businesses next to Danube cycling route.

2 D4 Ivanka North - Raca

1,137 1,317 67,8345

9,1976

0

3 R7 Prievoz-Ketelec

287 344 49,5221

19,1025

85 (7 residential, 78, non-residential) structures.

A mini hotel.

4 R7 Ketelec – Dunajska Luzna

424 187 54,8515

2,5311

0

5 R7 Dunajska Luzna – Holice

n/a n/a 109,0026

15,7900

0

6 Relocation Galvaniho Street

405 421 10,0377

0,5905

0



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Section No.

Section description

Number of owners for permanent acquisition

Number of land owners for temporary acquisition

Amount of land for permanent acquisition (ha)

Amount of land for temporary acquisition (ha)

Structures to be affected

7 Relocation Most pri Bratislave

438 398 18,9631

1,3490

0

8 Compensation land for Natura 2000 sites

271 0 57,7193 0

TOTAL Total for D4 4, 006

Total for D4 5,339

295,8903 64,3906 28

Total for R7, except Section 4 1,119

Total for R7, except Section 4 531

213,3762 37,4236 85

GRAND TOTAL 5, 125 5, 870 509,2665 101,8142 113

In accordance with Slovak regulations (including the Act no. 40/1964 Coll. Civil Code, Act no. 50/1976 Coll., Planning and Building Code, Act no. 71/1967 Coll. and Act no. 669/2007 Coll. of Laws) land acquisition and compensation process relevant to the Project has the following stages.

Table 16 - Land acquisition and compensation process

Stages of Land Acquisition

Process

Activities

Prior to obtaining a Zoning Permit (parallel to the Project Feasibility Study stage)

1. Initial zoning and determination of land areas required for acquisition; determination of affected land plots and structures.

2. NDS procures a real estate valuation expert. 3. The expert prepares a plot/real estate valuation and other

documentation required to determine compensation price in accordance with one of the approved methodologies (expert opinion is provided after the issuance of the zoning permit).

Prior to obtaining a Building Permit (before the Project Detailed Design stage)



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Stages of Land Acquisition

Process

Activities

1. Attempt to achieve negotiated settlement

1. Preparation of geometrical maps and land/asset purchase agreements, among other items (legal entitlements only).

2. Notifications and meetings with affected land owners. 3. Attempt to acquire affected land through negotiated settlement. NDS

proposes a draft land purchase agreement to the affected owner to consider and respond within 15 days.

4. The purchase agreement is negotiated and signed. 5. The Cadastre office issues a positive decision on land acquisition and

a record is updated in the cadastre register, thereby confirming the access to land by a new owner.

2. Involuntary expropriation procedure

1. NDS can initiate the expropriation procedure (i) if an amicable agreement is not reached as per above; (ii) if the affected party fails to respond within the required time; (iii) if no owner of a parcel is registered in the official records or the owner cannot be identified, at which stage the Slovak Land Fund is involved.

2. Hearing of parties is organized and objections are taken. 3. Relevant authority decides on expropriation. 4. Relevant authority issues a positive decision on land expropriation,

thereby confirming the access to land by a new owner. 5. Expropriation decision may be subject to appeal procedure and

judicial review. If the expropriation decision is confirmed, the ownership rights are transferred to a new owner, thereby granting land access. If the expropriation decision is not confirmed, the expropriation procedure resumed from the beginning.

The National Highway Company (NDS) is responsible for the process of land acquisition and the acquisition and demolition of structures for the Project and associated compensation.

The land acquisition process is planned for completion by February 2016.

To ensure that the land acquisition and resettlement process complies with the EBRD requirements, a LARF was developed for the Project, based on the findings of the Social Survey. The LARF is included in the ESIA package for public disclosure and comment.

10.3 Key findings from the Social Survey Key findings from the SS include:

• Summary of Social Impacts & Benefits: The D4-R7 Project is not predicted to present major adverse social impacts. The removal of heavy traffic and commuter traffic from village/settlement centres will improve the quality of life of these communities and reduce community road safety risks. The bypass of Most pri Bratislave by the relocation of the II/572 will improve the environment within this settlement and reduce road safety risks for this community. There are isolated cases where Project impacts may create local discomfort for some persons, but if properly engaged and handled, these cases can be addressed in a timely and appropriate manner. Issues that were identified during the SS are expected to be



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sufficiently dealt with by implementation of the recommended measures from the SS which are included within the LARF and/or Project ESAP, as appropriate.

• Vulnerability: The villages and towns that are on the route of the Project are largely urban, having access to utilities and basic social services. No vulnerable people or businesses are expected to be present. There were no cases of informal settlement, informal use of lands or informal businesses within the affected area identified during the SS.

• Valuation Process for Properties: The valuation of all properties is performed under a clear legal procedure conducted by authorised experts. The NDS applies the market value evaluation + 20% to the value of the land. However, there are some differences between buildings that are registered legally (permitted) against those that are not permitted, due to the greater cost associated with having a building permitted and the building standards required to achieve a permit.

• Affected Structures: Based on the Zoning Permit, 86 structures will need to be demolished, predominantly in the Section 3 R7 (only one non-residential structure will be demolished in Section 1). Out of these, 7 are residential structures and 78 are non-residential structures developed in gardens and mostly used for recreational purposes for weekends and evenings. The ongoing valuation of properties for the Purchase Agreements and Building Permits may identify additional structures which may need to be demolished. All structures on affected properties will be considered in the valuation process and compensation offered as part of Purchase Agreements.

• Tenants: NDS are undertaking direct engagement with owners of affected properties during the land acquisition process and ensuring they have informed tenants of their properties. Interviews carried out during the SS with tenants living in a limited number of houses revealed that they have been informed by the owners and have been given reasonable notice to find alternative housing. The NDS will engage directly with remaining tenants during the next phase to ensure they are aware of the need and timing to vacate properties and identify any additional issues requiring support. A process for structures that are scheduled to be demolished requires that they are checked 2 weeks before demolition to ensure that no owners, tenants or others (e.g. homeless people) are present. If they are, engagement with the local authority will occur to provide assistance to support the relocation of affected people.

• Impacts on Businesses: Some business properties will be affected. One business, a mini hotel in Section 3 will be demolished and agreement for compensation has been reached. Other businesses may be impacted during construction (e.g. two businesses next to Danube cycling route in Section 1 D4 may experience a reduced number of tourists in the area). Small businesses in the settlements parallel to the proposed R7 Section 4 and 5 that will experience traffic diversions are not likely to be impacted by the reduction of drivers as they reportedly serve local communities and occasional tourists. It is actually expected to create better conditions for such small local businesses to flourish once the new road is constructed.



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• Danube Crossing: The Danube crossing will result in approximately 4-5 houseboat moorings being removed permanently and approximately 20 moorings temporarily being disturbed during the construction period. Houseboats at these affected moorings will need to permanently move to a different mooring. There are sufficient vacant moorings in the vicinity for this to occur. No indications of vulnerability amongst the houseboat owners/tenants were identified during the SS. The Water Authority (SVP) has engaged and informed the affected houseboat owners that they will need to vacate their moorings and will identify alternative moorings to them.

• Agricultural Land Impacts: The physical impact of the D4 R7 Project is predominantly on agricultural land, most of which is arable land operated by professional large companies. No cases of small scale or subsistence farming were identified during the SS.

• Compensation Land: Compensation land is required for offsetting the loss and impacts to the protected area (i.e. the Natura 2000 network). This comprises areas surrounding the Danube and includes protected areas of the Danube Floodplain. Under the legal framework, land for compensation is valued as ‘Agricultural Land’, whereas land affected by the permanent highway is valued as ‘Construction Land’. NDS are in the process of identifying affected land parcels and confirming owners and undertaking the valuation of the Compensation Land. The process for valuation will be disclosed by NDS and they will engage with affected owners and local authorities to discuss the valuation process, compensation options and the offers for their properties.

• Cycle Routes: Cycling routes will be affected during the construction period across the Sections of the D4 R7 Project. The Project design does include provisions for cycle route crossings. Diversions during construction will be identified by the Concessionaire and disclosed to relevant stakeholders, including local authorities.

Public Consultation and Project’s Stakeholder Engagement

Stakeholder engagement for the Project was undertaken as part of the EIA process, zoning planning, zoning permitting and is on-going for the land acquisition process. Public consultation activities and disclosure of information went beyond national legal requirements. The Government of the Slovak Republic has actively engaged with the public, project affected people, expert groups and other stakeholders at the Project pre-construction stage to encourage their support and input in the development process.

Details of consultation activities and information disclosed on the Project to date are provided in the Appendix D of the Stakeholder Engagement Plan developed as part of the ESIA disclosure package. Also, relevant Project documentation in Slovak and English languages including the EIAs and stakeholder feedback have been disclosed and can be found on the Project website (http://www.obchvatbratislavy.sk/en/dokumenty).

http://www.obchvatbratislavy.sk/en/dokumenty



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An initial Stakeholder Engagement Programme (SEP Table 2) for the further pre-construction and construction activities was developed and is presented in the SEP. This Programme will be updated regularly by the Concessionaire in cooperation with the MoT in the course of the Project’s lifetime.

In addition, the Project’s Land Acquisition and Resettlement Framework sets principles and activities for engaging with people affected by Project’s land acquisition process (see LARF Table 12, LARF Related Engagement Plan).

The Concessionaire will adopt a grievance mechanism for the Project. Principles of the grievance mechanism are outlined in the SEP (SEP section 7). Grievances in relation to construction activities will be managed by MoT and the Concessionaire. Prior to construction the public will be informed, through the Project and MoT website, about the Concessionaire's contact information and avenues to log a grievance.

Complaints and enquiries can also be addressed to MoT and any other relevant official authority (e.g. Ministry of Environment) in writing (by post or e-mail) or by telephone.

Contact information is provided in section 16 of this NTS.

Cumulative Impacts The five sections of the proposed bypass and radial road have been considered as separate projects throughout the permitting process, each section having a separate EIA.

However, D4 and R7 are included in the Strategic Plan for Development of Transport Infrastructure in Slovak Republic by 2020, and this Plan was subject of Strategic Environmental Assessment in February 2014. In addition, the impact of all relevant sections of the roads on biodiversity was considered collectively as part of the Appropriate Assessment under the Habitats Directive.

Traffic studies included other developments and in the area, and roads that are to be developed (approved or in the process of approval) including each of the sections of this Project; therefore, studies that rely on traffic data – noise and air quality- are considered to represent a cumulative assessment of the operational impacts of road traffic. During the preparation of Building Permit documentation and as required in the Zoning Permit, a more detailed and updated Noise Assessment will be commissioned by the Project Designer for each section of the Project. As part of this Noise Assessment, all noise reduction measures will be examined based on new traffic studies.

Nevertheless, the Concessionaire, will be required to develop a Cumulative Impact Assessment (CIA) for the whole Project and, based on the findings, management and mitigation plans will be prepared where appropriate.

After the selection of a preferred bidder, the following issues shall be considered for the CIA and during the Construction Documentation preparation process in order to minimise cumulative environmental and social impacts of the Project:



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• Material sourcing - Available resources shall be investigated to assess their suitability to provide sufficient materials to deliver the Project, whilst minimising the distance required to transport materials to site. This investigation will continue following the value engineering process by the preferred bidder, in respect of specific structures and the selection of contractors. The amount of materials required shall be minimized through the optimization of the longitudinal profile of the roads, whilst maintaining the safety and comfort for users.

• Waste management - waste disposal during the construction period and during operation will be managed according to existing legislation and according to the Strategy and Concept for Waste Management of Slovak Republic. The mitigation hierarchy to avoid, reduce and minimise the generation of waste will also be applied.

• Transportation (related to construction works) – during the preparation of construction documentation, all transport routes shall be considered as with minimum impact on environment and populated areas.

• All construction and transport equipment shall be properly maintained and stored in appropriate locations to minimise the risk of environmental impacts through spillages or other occurrences. Equipment shall be inspected regularly by the Independent Engineer.

• Community impact - impacts to communities, including cumulative

impacts, arise primarily during the Project construction stage. The CIA and construction documentation should address potential impacts to communities from on-going or anticipated developments and construction activities in the vicinity of the Project footprint, including health and safety, access (including access to land), cumulative impacts to social infrastructure etc. In addition, considerations should be given to appropriate planning for undertaking construction works simultaneously at different Project sections.

Road Safety European Directive 2008/96/EC Road infrastructure safety management applies to all road schemes on the Trans-European Road Network (TERN). The Directive imposes road safety responsibilities on the Project sponsor to demonstrate that road safety risks have been considered during the design and delivery of the scheme.

The requirements of the Directive are incorporated in the Slovak legislation Act nos. 249/2011 on road safety management and 135/2012 detailing the required qualifications for Road Safety Auditors. Also a national strategy ‘Road safety enhancement strategy in the Slovak Republic in the years 2011 to 2020’(http://www.who.int/roadsafety/decade_of_action/plan/slovakia.pdf) and

http://www.who.int/roadsafety/decade_of_action/plan/slovakia.pdf



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further relevant guidance on road safety are published by the Ministry of Transport, Construction and Regional Development.

The Preliminary Design of the Project was developed in accordance with the Slovak regulations corresponding to the requirements set for a high quality superior road network scheme. For all sections of the Project road the Zoning Permit Documentation was done and negotiated with all involved Authorities and organizations. As the scheme develops, a Stage 1 Road Safety Audit is undertaken for the Design developed for the Building Permit Documentation, again discussed with Authorities and it is currently planned to be finished in the first half of the year 2016.

Stage 2 Road Safety Audit will be completed at the end of the Detailed Design and before the start of construction.

Provisions of facilities for non-motorised users along the corridor of both D4 and R7 schemes is considered during all stages of the Design and includes footways, cycleways and respects all areas and facilities of recreation of surroundings of the Project road.

Mitigation Measures Mitigation measures are proposed for each alternative assessed in the EIAs. In the Final Statements, the MoE lists mitigation measures for the preferred option for each section which are legally binding, and are to be delivered largely through the detailed design, and procedures to be developed by the Concessionaire, in accordance with country regulations.

The full list of the mitigation measures can be found in the Final Statements of the MoE, available at http://www.obchvatbratislavy.sk/en/dokument .

Key mitigation measures for different Project’s impacts are presented in relevant sections of this NTS, in particular:

• Section 8 - Biodiversity;

• Section 9 – Visual Impact;

• Section 10.3 – Key finding from the Social Survey;

• Section 12 - Cumulative Impact.

Additional mitigation measures are incorporated under the ESAP requirements for Concessionaire. Further information on the ESAP actions is presented below in section 16 of this NTS.

http://www.obchvatbratislavy.sk/en/dokument



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Monitoring requirements Requirements for environmental monitoring are included in the EIAs. They are also included as requirements in the Final Decision of the Ministry of Environment and in and Zoning Permit documentation; this makes them legally binding. An ‘Environmental Monitoring Plan’ forms section L of DUR (Zoning Permit Documentation). The purpose of the proposed monitoring is to evaluate effectiveness of the proposed mitigation measures. It covers requirements for monitoring:

• Biodiversity in protected areas (CHKO Dunajské luhy), NATURA 2000 (SAC Biskupické luhy and CHVÚ Dunajské Luhy), Lake Lysec, and affected habitats before, during and after construction. This monitoring will be undertaken at least 3 times per year;

• Noise on a bi-annual basis, prior to construction, during construction, and in operation;

• Air quality in areas where air quality has been identified as being affected. Monitoring will be undertaken for eight weeks per annum, either as 1 day per week, or 8 weeks evenly distributed over the year;

• Surface water, where potential impacts have been identified, with monitoring undertaken 2 times per year prior to construction and 4 times per year during construction and operation;

• Groundwater, where potential impacts have been identified, with monitoring undertaken 2 times per year prior to construction and 4 times per year during construction and operation;

• Wildlife migration for the Dunajská Lužná – Holice section of the Project. Monitoring will be undertaken 4 times per year prior to and during construction, and then monitored in the first and third year of operation. For the D4 Jarovce - Ivanka North Section, monitoring will be undertaken quarterly prior to, during and post-construction. For the Ivanka North – Rača section of the Project monitoring will be undertaken 3 times per year, prior to, during and post-construction;

• Geotechnical monitoring at locations to be determined following further studies.

Monitoring is required before and during construction, and during operation. The monitoring plan defines methodology, monitoring parameters, timetable of data collection, including frequency of measurements. The proposed monitoring requirements are quite detailed and prescriptive, for example the location of noise monitoring points are marked on maps.

Additionally the ŠOP SR (Štátna ochrana prírody SR / State Nature Protection) will be responsible for implementing the following ecological monitoring that is described in the Biodiversity Compensation Plan and the National Highway Company will be responsible for any required further correctives measures:



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• Bird monitoring to be undertaken annually for 6 years (500m either side of motorway to commence one year before operation and continue annually for at least 5 years);

• Habitat monitoring to be monitored immediately after creation/notification:

o Created woodland - monitored annually for 10 years;

o Created grassland - monitored annually for 3 years;

o Restored river channel - monitored annually for 5 years; and

o Protected woodland - monitored annually for 20 years.

Furthermore monitoring measures are incorporated under the ESAP requirements for Concessionaire, including monitoring of LARF implementation, grievance management, and Environmental and Social Management Plan (ESMP) implementation. Further information on the ESAP actions is presented below in section 16 of this NTS.

Summary of the Project Environmental and Social Action Plan (ESAP)

To ensure EBRD’s requirements are met throughout the Project, a draft Environmental and Social Action Plan (ESAP) was developed to include detailed action points for the Concessionaire arising from the EBRD Environmental and Social Policy (2014) and its Performance Requirements.

Responsibility for discharging ESAP actions will lie with the Concessionaire, and will be passed to the relevant contractors, if appropriate. The Concessionaire will also be responsible for monitoring actions discharged to contractors, and for ensuring completion within the agreed timescale.

All actions, documents and plans required by this ESAP will need to be agreed with and approved by the Independent Engineer (IE). The Concessionaire will be required to report compliance with the ESAP to Lenders through an Annual Environmental and Social Report (AESR). Additionally, compliance with the ESAP will also be ensured through independent checks and audits undertaken on behalf of the Lenders.

The key ESAP requirements comprise:

• To develop, as a part of Environmental Management System, the Environmental and Social Management Plan to include all mitigation measures required by the Final Statements of the MoE, subsequent permit documentation, and mitigation measures from any additional studies and assessments;



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• To develop the Biodiversity Management Plan that will detail the practical, biodiversity-related actions to be undertaken during the implementation of the Project, along with responsibilities, timeframes and monitoring requirements, and associated procedures. The BMP will include all ecological mitigation measures required by the Final Statements of the MoE, and subsequent permit documentation, Appropriate Assessments, and Biodiversity Compensation Plan;

• To carry out a route walk-over by an experienced ecologist to update biodiversity baseline and verify the selected sites for pre-construction surveys;

• To complete and disclose to the public a Cumulative Impact Assessment (CIA) for all Project sections, to cover issues of sourcing materials, waste deposits, transportation, supporting infrastructure, community impacts; the adequacy, induced impact and assessment of material supply, and capacity of waste facilities for the whole Project;

• To complete a Visual Impact Assessment (VIA) for Section 1 (Jarovce – Ivanka North) of the Project, and implement any mitigation measures identified as the result of the assessment;

• To develop and, if applicable, implement, a Design Change Management Procedure (DCMP) which includes assessment and mitigation of environmental and social impacts of design changes;

• To develop an Employment Policy Document to ensure compliance with EBRD PR2, including provision for assessment of supply chain; and provision for managing Contractors;

• To develop of Occupational Health and Safety (OHS) Management System, to ensure compliance with EBRD PR4;

• To incorporate recommendations of Stage 1 (Draft design) & 2 (Detailed design) Road Safety Audits required by EU directive 2008/96/EC into the scheme design, to include all roads subject to design;

• To Complete Stage 3 (Pre-opening) Road Safety Audit for the Project, to include all roads subject to construction activities, required by EU directive 2008/96/EC;

• To implement a Land Acquisition and Resettlement Framework;

• To prepare, disclose and implement targeted Resettlement Action Plan(s) (RAPs) if additional permanent land resulting in physical displacement of project-affected persons (PAPs) is required;

• To implementation and regularly update the Stakeholder Engagement Plan (SEP).



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A draft ESAP is available on the EBRD Project website. Once agreed with the Concessionaire a final version of the ESAP will be disclosed on the Concessionaire’s website.

Contact Information Ministry of Transport, Construction and Regional Development of the Slovak Republic:

Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky Námestie slobody č. 6

P.O.BOX 100 810 05 Bratislava Slovenská republika

Tel.: +421 2 5949 4111 [email protected]

Office hours at a registry: Monday - Friday: 8:00 - 15:30.

mailto:[email protected]

Documents

D4 R7 Highway Project - Slovak Republic · approved the proposal the PPP Project: D4 Highway for sections Jarovce Rača and the R7 Expressway sections – Bratislava Prievoz – Holice