ENVIRONMENTAL IMPACT STUDY SAN JOSÉ-SAN RAMÓN …€¦ · BERNARDO SOTO HIGHWAY SEGMENT FILE 124-96. GEOAMBIENTE S.A. I-1 ENVIRONMENTAL IMPACT STUDY SAN JOSE – SAN RAMÓN CORRIDOR

ENVIRONMENTAL IMPACT STUDY SAN JOSÉ-SAN RAMÓN CORRIDOR PROJECT

BERNARDO SOTO HIGHWAY SEGMENT FILE 124-96.

GEOAMBIENTE S.A.

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ENVIRONMENTAL IMPACT STUDY SAN JOSE – SAN RAMÓN CORRIDOR

PROJECT. BERNARDO SOTO HIGHWAY SEGMENT,

FILE NO. 124-96. 1. EXECUTIVE SUMMARY______________.

The project is for the extension and operation of the Bernado Soto highway. The project includes the construction of the works stated in the Announcement and Contract between the State and the Concessionary, and the operation and maintenance during the concession period. In return, the Concessionary will receive the consideration made by means of toll tariffs The natural environment is located in areas that have been heavily built on, although in the indirect catchments area there are pasture lands and underseeds; la fauna is scarce and consists of that which is typical of semi-rural areas and that have got used to a human presence (rodents, birds, insects), and pets. The lands are flat to undulating with industrial sectors as well as commercial and residential ones. As regards the human environment, the density of occupation is low to medium. The Concessionary company, AUTOPISTAS DEL VALLE S.A., assumes the environmental commitments that will be stated below (next table). Some obligations are preliminary to the initiation of the building works and refer to the stage of the studies and obtaining of permits.

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Summary Table of Environmental Commitments.

Action that generates impacts

Affected element

Likely impact Mitigation measures

Time of application.

Elimination of vegetation in AP and sits of temporary works.

Flora Removal of vegetal coverage

Removing only the necessary vegetation; applying for permits to cut down trees. Disposing of waste. R-vegetation of green areas. Maintenance.

At the start of the construction stage tasks.

Earth movement.

Soil Contamination. Erosion

Make up embankments. Disposal of surplus earth. Disposal of waste (Plan for processing solid and liquid waste)

During the earth movement.

Earth movement

Cultural heritage. Air.

Alteration, destruction. Dust

Performing of the cultural heritage protection plan. Covering or dampening uncovered soils.

During earth movements.


Affected element



Installation of temporary structures. Demolition and/or

Soil, water, air. Fauna People.

Contamination by waste. Noise. Dust. Risk of

Identify external structures that must be moved or demolished and

During earth movements



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transfer of structures or installations.

accidents. coordinate with entities involved (ICE, MOPT, A&A, etc.)Proper processing of waste. Opaque sound fences opposite centers in AID.

Earth movements. Cuttings.

Private properties

Re-location of families, expropriation of lands

Proper payment, help with re-location (transport, proper sites).

Before the works begin.

Work in the area

Landscape Deterioration Green areas, ornate. Maintenance.

On completion of works. Operating stage.

Building works(highway, connections) in AP and AID. Maintenance.

Soil Water Air

Compacting, contamination

Processing of waste, Soil protection. Water protection.

Construction stage Operation.

Cont’d….


Affected element


Time of application

. Camps, human presence.

Soil, water, air, landscape.

Compacting, contamination, deterioration. Risk of accidents.

Waste processing, perimeter fences, training or instruction of operators, access point signaling, Safety plan.

Constructive stage lading to operational stage.

Drainage works. Cleaning of ditches and sewers, etc.

Water Adjacent areas.

Destruction of vegetation. Modification of natural drainage.

Waste processing. Safety.

Constructive and operational stage.

aintenance Risk to human health

Risk of accidents. Length of the works.

Undertaking of Safety Plan. Ornate, re-sewing.

Operating stage.



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Landscape damage.

Regulation of traffic

People. Risk of accidents.

Regulation of traffic, alternate routes, signaling.

Constructive and operating stage.

Demand for services.

Water. Services.

Increase in demand.

Control, protection of surface waters, payment for services.

Both stages

Temporary storing of substances, materials. Waste.

Water, soil, human health.

Risks to human health. Contamination natural elements.

Proper facilities (workshop, hold, storing areas, parking, etc) Checking s, etc.) Control

Construction stage, installation is at operating stage


Affected element



Disposal in earth dumps of earth and vegetal waste.

Water Soil

Contamination Ornate Risks of accidents

Choosing proper sites, checking, safety. Routes for transport.

Construction stage

Traffic of equipment and machinery.

Safety, Air.

Risks from traffic accidents. Contamination.

Signaling of access points, complying with traffic regulation, checking of emissions, Routes

Both stages

Mantaining of equipment and machinery.

Air Soil

Contamination Having sites previously adapted to the work.

Both stages

Storage, use and disposal of hazardous materials.

Workers Risk for health.

Instruction to operators and foremen. Use of protective equipment. Adapting of sites.

Constructive stage and leading to operation stage.



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Medical care. Application of the contingencies and safety plan. Control, monitoring

Cont’d....


Affected element



Complementary services

Users, air, soil, flora and fauna, workers.

Associated with the highway operation.

Undertaking the Environmental Management Plan, Work Plan, environmental commitments.

Operating stage

Human presence Safety. Soils and waters. Air

Risk of fire. Contamination.

Planning; equipment. Safe installations Processing solid and liquid waste.

Both stages

THE PROJECT: This segment of the project belong to the second stage of the framework project: San José - San Ramón Corridor, and according to the provisions of the announcement, this must be initiated no later than two calendar years following the issuing of the order to start (which will be issued when the Concessionary has completed the conditions precedent that appear in the Announcement), and is to be completed in two calendar years. The extension will be initiated at the Juan Santamaría airport, and will end at the River Poás. Segment 2 of this stage is for the rehabilitation and improvement of the Río Poás – San Ramón segment.



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This highway travels through the province of Alajuela, along the cantons of Alajuela Central, Grecia, Naranjo, Palmares and San Ramón. This is the main access corridor to Guanacaste and Puntarenas, Puerto Caldera and Nicaragua, and starts at the end of the General Cañas Freeway (Airport) and the stretch ends at the intersection of access to the city of San Ramón, with a length of 40.6 Km. A typical section of the highway is currently made up of two lanes of 3.6 m in width with lateral hard shoulders of 1.8 m at both sides. There are ramp lanes of 3.35 m coinciding with the zones where the ground level is the ramp. The paving is concrete asphalt and its state of preservation appears to be good as it has recently been reinforced. The Concessionary will have to carry out all of the construction, rehabilitation and improvement works necessary in order to construct, re-build, extend and maintain each and every one of the segments, in accordance with the Invitation to Tender Announcement and the relevant contract, as well as the technical rules for engineering projects, technical specifications of construction, re-building and improvement, and maintenance and operational specifications, as well as the environmental requirements. According to the Road Project, the highway will have both vertical and horizontal signaling works, drainage, lighting and service areas, intersection and interchanges, extension of the road to 4 lanes, re-building and re-structuring of existing bridges, tolls and weights as well as Control Centers.

The works to be carried out must be completed in accordance with the Invitation to Tender announcement and the Contract, with the Technical Rules of the Engineering Projects, the Technical Construction, Re-building and Maintenance Specifications, and the Operation and Maintenance Specifications, the CA-2001, along with the established environmental requirements. They cover the extension of the arterial road and the re-constructing of the roller surface, and other works such as the modification of intersection, interchanges and bridges. To do this, it will carry out:

Dismantling and cleaning in areas of extension of the highway.

Flattening works Construction of drainage works (sewers, pontoons, recording wells, canals and similar units).



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Reconstruction of the paving structure. Signaling and marking out of the roads (complying with the rules of the Central American Apparatus Manual for the control of traffic).

Works for stabilizing embankments at the point where it is considered necessary.

Relocation of public service networks when necessary (in coordination with the relevant body) an repair of damage that is caused to the same by the undertaking of the works.

Extension and Re-building of the existing bridge structures.

Bays for buses (parking areas) with workman's hut. Construction and equipping of Control Center and toll booth.

Construction and equipping of weighing areas. Post with telephones for emergency requests.

The project includes the signaling and indicating works, as well as defenses, construction of transversal and longitudinal drainage, full alighting of the roads all along the length of the segment and interchange zones, traffic deviations and cleaning and finishing of the works, as well as replacement of the services affected. At the operating stage, the project covers the maintenance work for all of the works and equipment, cleaning of drains, sewing and replacement of vegetation in green areas. As regards the technical specifications for the whole of the works, the Concessionary and its contractors will have regard to the rules and specifications contained in the invitation to tender Announcement and their clarifications in the Contract, which in this sense and for compliance with environmental regulations, form part of this study.

CURRENT NATURAL ENVIROMENT CONDITIONS: Within the direct catchment area, the conditions of the physical environment area of areas where humans have worked, with the AID being presently occupied by the existing highway, road rights and in some places, by properties dedicated to commerce, housing and works connected to the road. The soil has been compacted on 80% of the segment and shows sign of cuts. The AID vegetation is secondary, without special interest as it largely consists of small plants. The wild fauna emigrated some time ago to other places where it took refuge and to feed. The air is affected by



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smoke, smells and noise from the traffic. The water channels (rivers, gorges) have been affected inside and outside the AII by the activities of human beings (contamination, protective zones of damage, exploitation).

CURRENT HUMAN ENVIRONMENT CONDITIONS The human environment consists of communities near the highway, with agricultural and service activities, services, housing. These have the basic services and top level services in the larger sized establishments. In the AII we can find public service installations such as electrics, water, schools and health.

POSIBLE IMAPCTS ON TH ENVIRONMNT, BOTH NATURAL AND HUMAN:

The following page shows the possible effects of the project on both the natural and the human environment.

MITIGATION MEASURE: As regards the mitigation or protection measures, a summary is set out below: The full study can b seen at the offices of SETENA and it will be reported in accordance with the community plan.



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Table of categories of impact on elements considered and

Impacts evaluated in the Bernardo Soto segment: Category or possible sources of generation

of impacts

Impacts evaluated

Carrying out of works, dismantling cuttings.

Smoke Gases Smells Vibrations. Work risks Waste Deviations. Modification or effect on drainage and re-filling.

Safety

Undertaking of works

Risk form labor accidents. Traffic accidents Delay and disturbance by work

On the highway

Depreciation landscape, ornate Risks of accidents Alterations in public services zone Effects on water, fauna and flora. Changes in access to the earth. Changes in the financial value of the land. Los arising from expropriations. Effects on the labor market and commerce.

Vehicle traffic at operating stage

Accidents. Disturbance due to maintenance work,deviations.



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Mitigation measures in: A. Construction Stage:

Protection of Soils. Processing of waste; containing works; proper cuts and in-fillings; shaping of embankments; disposal of surplus earth removed at suitable sits; undertaking of plans for processing liquid and solid waste. Adapting of special sits (holds, workshops, storage areas, etc.)

tion to workers. InstrucProtection of waters.

Undertaking of plans for processing liquid waste; training to workers. Adapting of sits (holds, storage areas and parking, etc.)

Protection of air. Opaque fences, maintaining of equipment; dampening uncovered soils in dry season.

Protection of fauna and wild fauna.

Warning tow workers not to damage the fauna; re-vegetation of green areas, ornate.

Protection of the hu8man environment.

Undertaking of community management plan; Safety; signaling; protective equipment; cordoning off of areas; alternate routs. Landscaping.

Labor safety. Undertaking of labor safety plan. Controls. Monitoring, ongoing control.

B. Operating Stage: Labor Safety Undertaking of the labor safety plan. Protection of the environment

Undertaking of the PGA.

Citizen safety. Undertaking of the safety plan. Alternate routes, signaling at works sits for maintenance. Surveillance. Maintaining the route and works connected.

Protection of natural elements.

Maintaining of protection works (drains, sewers, containing)

Ornate. Maintaining of green areas and gardens. Checks Control, ongoing monitoring



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Table of factors, monitoring parameters. Environmental factor Basic Parameters Efficacy of the

measures adopted Geology,

geomorphology, Soils.

Knowledge of the areas with risks of

landslides or landslips, dumps and

loan sites1

Control of landslipsand landslides

during and after the works. Control in

dumps. Rebuilding of embankments.

Water Control in rivers, of contamination or

dragging of sediment.

Checking of design and functioning of drains, substances not dumped that are contaminating or inert, channel

effect. Efficacy of sediment barriers.

Air Control of levels of noise and dust.

Control of noise levels behind sound barriers, control of dust, timetables.

Flora Bush planting, re-vegetation, Limits

of affect.

Monitoring of landscape management plans and the bush

planting Socio-economic Services affected,

accesses, control of noise and dust,

control of accidents.

Replacement of services, monitoring of risks, existence

of access to properties and

1 If the concessionary has them.


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GEOAMBIENTE S.A. Information. Protection of

archeological sites.

premises. Undertaking of

community management plan and

archeological plan, routs plan and safety plan.

POR GEOAMBIENTE S.A. _______________________________. RODOLFO HERNANDEZ RAMIREZ.

SAN JOSE-SAN RAMON CORRIDOR Analyis and evaluation of Environmental Features GEOAMBIENTE. s.a. Consultoria Ambiental 1/2005 Dib. Bermúdez

SAN JOSE – SAN RAMON CORRIDOR

GNERAL MAP



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The Community and Re-settlement Management Plans are included below.

POR GEOAMBIENTE S…A.

G. COMMUNITY MANAGEMNT PLAN.

Community Management Plan Proposal

Objectives. General: Making swift and smooth communication possible between the local institution and communities of the project catchment areas. SPECIFICS:

Offering the municipalities the true and detailed information about the action to be carried out before these occur.

Making it possible to comment from the institutions mentioned and the people of the communities, with the aim of dealing with their concerns and/or needs of the people of the communities involved in the project, as well as the institutions participating in the Plan.

Direct and indirect catchment areas The Bernardo Soto highway, at its margins, shows a population that is mainly located in areas of agro-fisheries development with segments of conglomerates of commercial businesses, services and private firms. In some areas of the stretch of the highway, the communities are



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located at the edge of the route, as is the case near Palmares, near Manolos, in el Coyol and, are dispersed, between Naranjo and Grecia. For this reason, it can b stated that the target group of the Management Plan is made up of a diverse contingent that includes: Municipalities from the individual cantons, where the inhabitants of the communities are represented, businesses, agricultural producers, livestock owners. Location of the target groups. In the segment being studied, the target population that has to be considered for the plan to be implemented are all of the commercial firms, production firms and service companies that there are, together with the communities identified that could be directly or indirectly affected by the project and the agro-fisheries producers located at the side of the road. Below we present a list of the places that to some extent will undergo impact with the extending and improving of the highway Table: Places of reference

Kilometer with

respect to the site

Observed Comment

11.5 Sector behind Villa Bonita Side street at both sides

13 Dos Pinos 14 el Coyol town. Interchange with

expropriations. 15,3 Electromotors 16,3 Manolos, La Garita. Interchange Manolos.

16.5 to 18.5

Community of Bajos de La Iguana.

Community in danger, completely located on the Via Route.

23.7 Entrance to Greece. 26.7 Naranjo Toll. 28 Entrance to Naranjo . 29.2 Community at side of road. Town with many trees. 30.7 Commercial gallery

Main concerns or conflicts raised by target group. The specific conflicts raised are as follows:



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There are some possible unreported expropriations, which in one way or another contribute towards providing uncertainty for many residents. This is expressed in places such as near Palmares (three kilometers before the crossroads) and the interchange setting that will be built there.

At the place mention above, negotiations have taken place with owner who have already been told they are for expropriation, which in turn have given rise to constructions, which to some extent could cause problems in the expropriation process.

A construction was observed at places which, according to the plans, could be within the route. This could be easily seen by the corresponding technicians, based on table 3, with the list of places that are considered within the highway impact.

Need for coordination between the Municipalities and the MOPT, in order that the municipality officials do not cross the limits of information about variations in the works, whose knowledge is essential to instruct usage in the catchment area.

Very little information about the project, specially for the new tenants in the catchment areas at the side of the road, whose lessees or previous owners did not inform about the works that could be carried out at the site. In reality, this is a generalized problem both for inhabitant of communities and businesses and traders.

There is concern about whether the buildings currently existing, as well as some gardening works or parks are or are not within the area that will be used not just for the road, or as a displacement area for construction. This means a census has to be carried out precisely in order to successfully inform about the matter.

Aspects to be reported by the concessionaries an the State to the Municipalities and groups involved when making representations to the latter:



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To those directly affected (Sector A): About compensation or expropriation; re-settlements: The features of the expropriation process, as well as their duties and rights in this sense.

The possibilities of re-location in the case of the expropriation of houses, considering access to work and facility of transport.

The land rights of the people who occupy MOT territories to be re-located (that is, the real MOPT obligation).

To the Municipalities and communities represented to these (Sector B):

Safety: The level of safety and surveillance of the Civil Guard and the Traffic Police.

The Project: The number of routes the highway is going to have and their characteristics.

Benefits of the project, improvements. Advantages. The duration of the project and the date when the works start.

The precise measurement of the surface area corresponding to the route in every case, specifying the effects and inconveniences that could be caused in the construction process.

The strategies of access to firms and communities during the construction period.

If there are going to be personal bridges or interchanges and their precise location.

Environmental measures: The checks on atmospheric pollution due to gases and noise.

Provisional routes. Re-vegetation, landscape improvement. Protection of soil, water, fauna.

Proper forms for the channeling of the concerns of the people, organizations or sectors most involved.

In sector A studied it is necessary for the State to personally communicate with all of those affected.



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Through the Municipalities, the Concessionary company will make the communication with Sector B, amongst these the bosses of the companies located on both sides of the highway, as well as the respective development associations. Attention must primarily be paid to the firms whose access, or land or security is affected during the construction process.

It is necessary to provide an informative note (the first of a series) in which a summary of the project is given; this information will be provided to the Municipalities by means of an executive summary of the environmental impact study) prior to delivering the EsIA to SETENA.

It is advisable to distribute a communication in writing, for the purposes of calling a meting to provide information in person that expands on and quashes the doubts of the people in sector B that they could be moved towards a center that could be located in the Municipality of Alajuela, with the presence of the supervisors from the municipalities of San Ramón, Palmares, Naranjo, Valverde Vega and Grecia, as well as from MOPT and the concessionary company.

Mechanisms of institutional response and of the concessionary company to the concerns of the organizations represented in the Municipalities:

This must be a basic task of a professional in charge of carrying out the Plan issued and detailed by the Information Supplier..

Create an Office of Communication center that is properly equipped in order to offer a fast and efficient reply to the requests from interested people. This office could be located in the Municipality of Alajuela during the construction phase and will be located at the Control Centers for Operation during the operation stage.2

Establish a reply issued and swift clarification by the technical staff of the concessionary company

2 Once the EsIA is approved, the Concessionary will raise this proposal with the Municipality for its approval or convenience. Should this not be so, an alterbative venue will be sought.



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and from MOPT about the doubts conveyed by the professional in charge as a priority mechanism.

Facilitate the processes for dealing with complaints or requests to the concessionary company and the public bodies by means of a single window. The aim of this is to provide a simple attention mans for the general population that is within their reach. At the start, this information point could be located in the Municipalities involved, and later on, they will be at the Operations Control Centers, in order to deal with suggestions, complaints, offer information and assistance.

Hold a meting of representatives of institutions involved as the first mechanisms of institutional communication for the channeling of concerns that are gathered at the information point.



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Basic information for the preparation of a meeting organization chart

Action plan:

Activity Undertaking

strategy

Details Resources

1. Study of the populations, institutions, organizations or target sector most involved

1. Written communication to all of the sectors involved about the start of the project (preferably by cantons) by means of municipal collaboration (Informative Bulletin or other form)

2. Follow-up on communication and reactions

Communicate to Municipalities, and through these, to the development associations, and Companies from both sides of the highway.

Professional

in charge.

Equipped

office.

2. Process of validating the Community Management Plan at the institutional and communal level.

1. 1st. Participatory meetings at workshops for the communication of the Community Management Proposal (one in San Ramón and the other in Alajuela).

2. Gathering of suggestions.

3. Communication of agreements.

4. Follow up on agreements.

Call a meeting of municipalities, development associations, MOPT Officials

Professional in charge. Premises for meeting.

Continues



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5. Extended process of consultation and approval of the Community Management Plan and first approach for knowledge about concerns on the project with the Municipalities

1. Communication and follow up on agreements

Call the municipalities to a meeting with development associations, MOPT Officials, Companies from both sides of the highway.

Professional

in charge.

Premises for

meeting.

1. Process of discussion and communication of the concerns of the target population, organizations or sectors involved regarding the project.

1. Meeting –participatory workshop for diagnoses of concerns.


3. Permanent process of following up on agreements.

Calling meting of all the participants oat previous workshop. Calling other people with concerns.

Professional

in charge.

Premises for

meeting.

4. Process of communication of replies to concerns of the target population, organization and sectors involved regarding the project

1. Communication of replies by means of district bulletin or other means.

2. Institutional follow up on the replies to the concerns.

Periodic consultations with people with concerns, criticism or those that are unresolved.

Professional

in charge.

Equipped

office.



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Activity Undertaking

strategy

Months

1 2 3 4 5 6 7 8 9 10 11 12

1. Written communication to all of the sectors involved about start of the project: Copy of executive summary of the study.

1. First contact with the target populations, institutions organizations or sectors involved through the municipalities

2. Follow up on communication and reactions

1. 1st. Meeting –participatory workshop for communication of proposal of Community Management

2. Gathering of suggestions in this respect

2. Process of validation of the Community Management Plan at the institutional and communal level

3. Communication and Monitoring of agreements.

1. 2nd. Meeting –participatory workshop for approval of the Plan.

3. Extended process of consultation and approval of the Community General Plan and first approach for knowledge

2. Communication of agreements



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about the concerns about the project .

3. Ongoing process of follow-up on agreements

1. Meeting –participatory workshop for diagnosis of concerns.


4. Process of discussion and communication about the concerns of the target population organization, or sectors involved about the project

3. Follow-up on agreements.

1. Communication of reply.

5. Process of

communication of replies to the concerns of the target population, organizations, institutions or sectors about the project.

2. Institutional follow up on the replies to the concerns.



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K. Expropriations or re-settlements Plan.

Considerations about the Expropriations

Background There is really little technical information available about the preliminary studies carried out by the Ministry of Public Works and Transport in so far as socio-economic matters are concerned. For the purposes of this study, work took place on some digitalized plans in which the places nearby were represented graphically where the extensions of the highway will be carried out along with the constructions of the exchanges and other project works. It is stated in one document that the Grantor Administration will carry out a total of 285 expropriations in a time limit of twelve months. Out of the total number of expropriations of the project, 25 relate to properties affected by the building of the Santa Ana to Río Segundo arterial road, to the works on the General Cañas Freeway there are possibly 59, and of these 35 or 36 correspond to houses or shelters set up on State lands; and 112 on the Bernardo Soto Highway, of which about 35 to 48 are houses with inhabitants. Out of all of these, 62 already have expropriation plans which were drawn up by IMNSA through a contract made with IMNSA to the Land Department of MOPT. 51 could not even initiate the process due to errors found that made them unsuitable to be administered. Other measures correspond to indemnities without re-settlement. It is presumed that both for other segments and for the one corresponding to the Bernardo Soto highway, up to the time that this study was carried out, the MOPT had complied with the following stags of the expropriation process:



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Steps carried out according to official organizational chart

Contracting Preparation Plans (CONAVI) CONAVI Management Board Approval Contract preparation Signing of contract Contract amendment Start Order Preparation of Expropriation Plans Plan Generated/Week Accumulated Plans Land Registration of Plans Land Registry Entry Land Registry Inventory Land Registry Issue ROAD ADMINISTRATION Road Consultancy (field verification) Formalize Administrative File Prepare Public Interest Declaration (PIC) Signing of the PIC by the Ministry and President of the Republic As far as the preparation of plans goes, according to the organizational chart, there should be an accumulated total of 200 by mid-April Steps to be taken according to official organizational chart

Forward Presidential PIC to Office of Ministry Publication of the PIC in the Ministry Office Gazette Notify PIC Owner Notify DIP land Owner Notify Public Real Estate Registry. Carry out and issue evaluation of Land Evaluations Dept. Send evaluation to Owner of Land. OWNER DOES NOT ACCEPT EVALUATION Preparation and forwarding of Legal Expropriation Agreement to Ministry Signing of Legal Expropriation Agreement by President Presidential House Publication Expropriation Agreement in the CNC Gazette Payment order to CONAVI, and forward file to Legal dept. Deposit sum in Court on account CONAVI Forward files to legal advisor



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Allocate Lawyer PGR Review file and draft expropriation demand Solicit possession order Notify owner of decision Court Set date for legal recognition and notify the parties Carry out legal recognition and possession order Court – CNC Resolve whether possession order Court If possession order is accepted report to owner and he has two months to vacate. If he objects to being possessed Owner Settle objection to possession Court Draft notice of transfer State Notary Summons the owner to sign the deed Sign deed Take possession of property Register property in name of State

Results of the observation and interviews In the sector studied, from the airport Juan Santamaría to the entry into the city of San Ramón, some observations were made about the land, interviews with a sample of people who are owners, inhabitants or business owners located on both flanks of the highway and a photographic sample is complied. From analyzing these data we found the following results:

Displacements from houses: In the segment between the airport Juan Santamaría and San Ramón, it was observed that there is a significant number of houses that are occupied located to the right of the road. These mainly correspond to the Bajo de la Iguana or Bajo Manolos. There are hardly 30 houses in this town although there are others close by that could be affected and included in the program. Some occupied houses in the public area can be seen, along the route, to be spread along places located on both sides of the highway. In all of the cases it is necessary to show that almost all are located in areas that are pre-determined for expropriation or expropriated. Almost in no cases is expropriation taking place, with the exception of the interchanges, places with pre-established houses. That is, a large part of the houses were located in areas subsequent to the determination of



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the zones of expropriation, which has caused a social problem originating in the transaction of illegal lands.

Expropriations from communal area At the general level, there is concern shown about the consequences that the works may have for particular interests. Even today works are being carried out in zones that could be affected by expropriation. There is generalized knowledge that expropriations were carried out or will be carried out with the aim of extending the highway. Those interviewed know that they are occupying land that is owned by MOPT. It is considered that there is a large scarcity of information about the progress of the expropriation processes and there is some unease and suspicion about improper processes. Everyone says that the municipality has told them that the works will be carried out, about their scope and that they affect their property.

Expropriations in commercial zone There is generalized knowledge that the expropriations were carried out or will be carried out with the aim of extending the highway. However, it is stated, that there is a large scarcity of information about the progress of the processes of expropriation and there is unease and suspicion expressed about improper processing. Practically everyone feels that the works were carried out or will be within lands that are private property.



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Everyone says that the municipality has told them that the works will be carried out, about their scope and that they affect their property.

As stated in the study of the conditions of the human

environment, there are some families in AP and AID that should be re-located because of the project. The number of land expropriations in this segment is 112, and with 35 to 48 compensations (family units, re-locations), according to data from the State. Most of these lands are rural and temporary, with some occupied houses (19) of construction classified as medium or low of surface areas between 9 and 140 sq.m. and some coffee growing or cane growing lands and others that could be built on. There are 83 estates affected in line with this latter information, and according to the field studies carried out more lately by the Consultancy, these are from 98 to 116 (in the whole of the segment). However, we must be aware that many of the people are living in precarious circumstances, on state lands with the right to highway for the existing road where some commercial or service activities are carried on (workshops, sales, etc.) where the Law of the country is to be applied, that states that they do not acquire rights over these lands that are inalienable and will only be the subject of compensation for improvements. The expropriation or compensation measures are the responsibility of the State. However, having regard to its particular responsibilities, the Concessionary proposes:

Collaborating, by means of a Community Management Plan, and the information offered in the same, an in this study, to assure the people that have to be displaced that they will get the necessary help.

Collaborate with the State in monitoring the actions that are carried out in order to identify whether the families that have to be displaced agree with the re-location, or must be forcibly displaced.

The families affected should know about the alternatives

that they are entitled to. They should receive the payment for the expropriation of their estates in accordance with the procedure that the Expropriations Act sets out. This requires an official valuation of the assets to be expropriated or if they prefer it, they will be re-located to properties and houses and will get the transport costs



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to these places. The re-location sites must have basic services (drinkable water, electricity, transport), schools, health services and be at reasonably similar distances to work places in relation to AP. The Administration carried out a tendering process for the carrying out of the studies, plans and land registration, and the company Valdesol S.A. was the successful bidder. The Expropriations Unit of the CNC was also created, associated with the Legal and Expropriations Consultancy of this Body, which will carry out the checking of the activities that are done. 62 land registration plans are being carried out at the date of this information, on the total of indemnities or expropriations under the project. The rest have to be done and entered, which is the work of Valdesol. Procedure: The process that the State carries out covers the activities in the attached summary table, where those responsible for doing this appear. Progress in the procedure: According to the publication from the Gazette 72 of April 15 of this year, a declaration of public interest was made in different properties, and a provisional order was mad or making an annotation of the effects of expropriation. The number of properties to be expropriated for this framework project that appears in this Decree is 14 A digital file was made of areas to be expropriated. Not all of the occupied houses or lands corresponded to activities of survival that would demand the re-settlement of families. The company Valdesol, successful bidder last February, has a period of 120 days for carrying out the topography, planning and land registration of the remaining estate plans under this legal requirement. The adjudication having been published on March 8, the order to commence awaits.



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Re-settlement Plan Proposals Definition and Scope This refers to the involuntary physical displacement of people caused by a Bank project. Objective To minimize alterations detrimental to the way of life of the people who live in the catchment area of the project. Principles 1. Avoid or reduce the need for involuntary re-settlement

to a minimum. 2. Assure the people affected that they will be compensated

and re-housed in a fair and proper manner. Special Considerations Magnitude. The Bernardo Soto highway shows at its sides some diverse forms of use of the public zone or right to route. These rights of use or invasion range from the construction of houses to the construction of lesser works with garden, parks, walls, advertising boards, etc. It can be highlighted in the case studied that these invasions result in the transfer of some 30 families, which are mostly located at the place known as Bajo de La Iguana o Bajo de Manolos. It is necessary to know the consequences of the first stage of the expropriations process, in order to know the first social problems arising since otherwise, it would currently be impossible to quantify the problem. This process fundamentally depends on the progress of the legal work of the MOPT.



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In all of these cases, it will be necessary to deal with the re-location by means of the agreed contractual provisions before the project can go forward, and in the cases in which the provisions do not exist, action should be taken in consideration of the social consequences that they could cause. The following are proposed as re-location objectives.

1. Take account of the points of view of the population affected.

2. Establish the rights and duties with respect to the project for the people affected.

3. Establish voluntary procedures for deciding which homes will be relocated..

4. Also ensuring that the people displaced have access to job opportunities and equivalent or better urban services.

About the Risk of Impoverishment. In the case of there legally being an obligation to re-settle population, it is fundamental to establish the essential aspects that are assumed that could be faced as a consequence of the re-settlement of the groups mentioned. Some of these problems could be:

1. Loss of house, which can be resolved with adequate re-settlement.

2. Loss of job, which can be resolved with re-settlement in a place with access to the place of work.

3. Loss of access to the means of production; which in this case could be a loss of land, which should b solved financially.

4. Although this possibility is not seen, preventing food insecurity and an increase in the death rate and illness.

5. Disarticulation of the social networks that could arise in the communities mentioned. This could be solved with proper social work since by themselves these marginal communities are disarticulated networks.

6. Los of access to education, which is solved if there is access to education services in the place they are transferred to. This is very viable throughout the national territory.



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In the case of marginal communities, it is necessary to ensure that the preventative measures to reduce social detriment to a minimum will betaken on the basis that only an indemnity in cash will be offered if the financial and social conditions of the population affected, the institutional setting and the housing market, or the complementary services permit that this investment ensures the re-establishing of the level of life of the population affected. Indigenous Communities. There are none in this region. Temporary Re-settlement No cases of temporary re-settlement were detected in the area. In the event of this occurring, the activities need to be subject to considerations and criteria aimed at the goal of reducing the disturbance of the people affected to a minimum, avoiding negative and irreversible impacts (such as permanent job loss), the provision of suitable temporary services and, when appropriate, compensation for difficulties caused by the transition. Design and Evaluation of the Re-settlement Plan (criteria) A set of aspects is offered below that should be considered in a Re-settlement Plan for the region. This, of course, is in the case in which it is legally relevant to do these, since most of the homes are located in areas owned by the State, and so it will be the judicial authorities that indicate whether there will be re-location or not. Once the conclusion has been reached that: a) the project alternative that includes a component of re-settlement is the most suitable on for achieving the goals of the project; b) that the due processes have been carried out for the expropriation: and c) it is checked that there is a need to prepare a full and detailed plan of re-settlement, the following criteria will be applied: Base Information. It will be necessary to compile reliable base information as far in advance as possible, which should include data on:



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• Number of people who will be re-settled (definitive data matched with the expropriation process).

• Socio-economic and cultural characteristics • Gender breakdown (difficulties, disadvantages and

priorities). • Criteria of eligibility of the families and groups. • Indemnity and re-housing requirements.

Participation of the Community

• During the design stage consultations will be carried out in the Municipalities of the cantons involved, which will carry on during the undertaking and monitoring of the plan, whether directly or through the representative institutions or organizations of the community.

• The most vulnerable sub-groups will be identified in order to ensure their interests are duly represented in the process.

Compensation and Re-housing. Aspects to be considered:

• Equitable replacement value of the assets lost. • Means necessary to re-establish subsistence and

income. • Reconstruction of the social networks that support

production, services and mutual assistance. • Compensation for the hardships caused by the

transition (such as loss of harvests, costs of displacements, interruption or loss of jobs, loss of income and others).

• Taking the measures necessary to ensure that the difficulties produced by the transition are not prolonged unnecessarily and cause irreparable damage.

• Take into account the intangible assets especially the social and cultural assets that are non-monetary, in particular in the case of rural populations with statutory rights to the land and the natural resources.

• Adapt the right living and services options to the social and cultural setting, with the minimum housing standards and access to basic services.

• In the complete process, take account of the characteristics of the re-settled population which will be identified in the base information broken down



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by gender, ethic group, age and other factors that indicate their vulnerability and/or special needs.

Legal and Institutional Framework. The re-setting plan will have to identify the legal and institutional Costa Rican context within which the compensation and re-housing needs will be applied.

1. Prepare the range of compensation and re-housing measures

2. Identify the social services or benefits that they have had access to.

3. Ensure that sufficient resources are available. 4. Evaluate the possible additional resources for re-

establishing the standard of the population affected. 5. Design mechanisms that have the capacity for the

provision of the assets and services necessary, 6. Identification of deficiencies in the institutional

and regulatory frameworks in the local sphere, The Environment. The re-settlement plans should take account of the environmental conditions to prevent or alleviate the effects caused by the development of the infrastructure, the grater demographic density of the recipient area or the excessive demand or natural resources and the pressures on ecologically vulnerable zones. Summary of contents of the preliminary re-settlement plan. In the cases in which it is necessary to implement this plan, this will contain a significant consultation process with the affected population and will be part of the EsIA. This will include information about:

• Evidence that suitable measures have been taken to prevent new settlements in the zone that will be subject to re-settlement;

• A tentative deadline to determine the eligibility regarding compensation;

• An estimate of the number of people who will be re-settled which will be based on sufficiently reliable data;



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• A definition of the diverse options that will be available in the context of the set of measures for compensation and re-housing;

• An approximate calculation of the number of people who will be eligible for each one of the options;

• The budget and timetable for preliminary undertaking: • A diagnosis of the viability of the regulatory and

institutional framework including the identification of the aspects to be resolved and;

• Evidence that the people affected have been consulted. The plan will be summarized in the Environmental and Social Impact report (ESIR).



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Appendix 1 Structure and content of the final re-settlement plan (in accordance wit the DIB requirements)

• The definition of the final set of compensation and re-housing options;

• The criteria of eligibility for each option; • A reasonably precise calculation of the number of

people subject to each option or a combination of them;

• Institutional provisions and/or a performance undertaking in whose context the local laws and rules can be implemented that are applicable and that are related to expropriation, along with property rights and the management of the re-settlement activities in an opportune manner, assigning clear responsibilities for the undertaking of the components of the plan for re-settlement and that offers proper coordination with the other components of the project;

• The final budget financed in the context of the overall project budget;

• The timetable for performance of the activities that must be carried out to provide the assets and services included in the set of measures of compensation and re-housing; in association with the main points of the overall project so that the re-location sites (and other services) are available in the opportune manner;

• Provisions for consultation and participation of local bodies (public or private) that could contribute to the undertaking and assuming the responsibility for the operation and the maintenance of the infrastructure programs;

• Monitoring and evaluation provisions including financing, from the start of the period of undertaking to the date set as the goal for the full re-housing of the re-settled communities;

• Provisions for participatory supervision agreements, which could be used, along with the monitoring, as a system of alerts to identify and correct problems during the undertaking stage; and

• A mechanisms for the solution of disputes related to land, compensation and other aspects of the plan.



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Monitoring and Evaluation.

• The monitoring activities will be focused on complying with the re-settlement plan in terms of the social and economic conditions attained or maintained in the re-established and recipient communities.

• The plan and the loan agreement will specify the

monitoring and evaluation requirements and their organizational charts.

• Qualitative and quantitative indicators will be

included as points of reference to evaluate in critical time intervals those conditions related to the progress of the performance of the whole project.

• The final evaluation will be planned according to the

estimated date for the completion of the plan, that is, the time at which it is expected that the standards of living for those for who the plan was designed have been attained.

• The monitoring system will provide multi-disciplinary

supervision and evaluation with respect to the complexity of the respective re-settlement plans as these require it.

ENVIRONMENTAL IMPACT STUDY SAN JOSE – SAN RAMON CORRIDOR SEGMENT GENERAL CAÑAS HIGHWAY, CASE 431-01

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ENVIRONMENTAL IMPACT STUDY SAN JOSE - SAN RAMÓN CORRIDOR PROJECT

WIDENING AND IMPROVEMENT OF THE GENERAL CAÑAS HIGHWAY. CASE NO. 431 – 2001.

1. EXECUTIVE SUMMARY The project which is the object of this summarized environmental impact study was submitted for tender by the Administration and awarded to the Concessionary, AUTOPISTAS DEL VALLE S.A. The company which carried out the study is GEOAMBIENTE S.A., a consultant properly accredited with SETENA/ MINAE. This is a project for the construction of new lanes for the widening and rehabilitation of a segment of the General Cañas Highway between La Sabana, San José, and the Juan Santamaría Airport, Alajuela, which includes bridges, drains and other related works such as bus stops (bays), overpasses, control centers, tolls, etc. The widening and rehabilitation of the General Cañas Highway begins at the Datsun intersection (Sabana Norte, San José) and finalizes at the junction of the Juan Santamaría International Airport, with a length of 17.3 Km. The typical section which corresponds to the highway is divided by a safety barrier of double-layered concrete with two lanes per direction of traffic with a width of 3.65 m and an interior embankment of asphalt concrete. It travels through the province of San José, Heredia and Alajuela and comprises the main access corridor for long-distance travel coming from Guanacaste and Puntarenas, Puerto Caldera and Nicaragua, and is the road with the greatest transit in the country, connected to the Bernardo Soto Road at the Airport intersection, Río Segundo interchange. The project consists of:

a. Beginning at the Datsun Intersection, Sabana Norte, San José, up to the beginning of the Juan Pablo II Bridge (P.4+207,702), the typical section will correspond to a highway with separated roads, with 4 lanes per direction of traffic with a width of 3.3 m and lateral embankments (hard shoulders) of 1.80 m to the outside and 0.50 m on the interior at a minimum. The service lane or margin road situated at the right side of the highway will be replaced.


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b. The Juan Pablo II Bridge must be widened on both sides in order to permit the provision of two roads onto it, separated by a concrete safety barrier of three lanes with a width of 3.3 m each, with lateral embankments (interior and exterior) of 0.5 m at a minimum.

c. From the end of the Juan Pablo II Bridge (P. 4+270) at the end of the segment (P.17+300), the road must be widened to three lanes per direction, of 3.5 m width with identical configuration of embankments as the initial segment (1.80 to the exterior and 0.50 m for the interior).

In addition, the works necessary must be carried out for the signaling, marking and defenses, transversal and longitudinal drainage, road lighting for the entire length of the segment, interchange areas, reinforcement and rehabilitation of existing structures, the toll booth station of the segment, the installation of auxiliary posts, transit detours, service or marginal pathways, stairways and construction of sidewalks, stations for counting and classification of vehicles, cleaning, termination of works, the transfer and conditioning of the park and the Farmer’s Monument and the repositioning of the affected services, especially the pipeline of the company Recope which passes to the right margin and the communication cables of the ICE which pass by the left margin for a good part of the segment. In the operation stage, the project includes the operation of the arterial road on the part of the Concessionary for a period of 25 years, during which the tasks of maintenance of the bearing area, related works, green areas and related structures will be carried out. The maintenance works include simple pothole repair, repositioning of the cover, cleaning of falling material, readjustment of the surfaces of the embankment, rehabilitation of ditches, inlets, pits, drains and in general, the works of drainage, repair and resetting of screes, repair and maintenance of bridges and other structures; repositioning of signs, marking of the pavement, repositioning of safety works and damages lighting and similar. They also include maintenance of the equipment and installations of the control posts and toll booth and weighing stations; emergency telephones, etc.


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Another type of activity which must be carried out by both the Constructor (Stage B) and the Concessionary (Stage C) are those of monitoring the environmental quality, verifying the effectiveness of the protection measures or minimization of the negative effects, and the execution of the different plants which make up this work. With regard to the quality of the materials and measurements of the State of the pavement, works and adaptation of designs, the companies will possess adequate personnel; the State has established the parameters for quality and will exercise the proper control. In order to ensure the possibility of the use of ground spaces for the construction of the road (Route Area and road perimeters or PA), the purchase or expropriation of lands corresponds to the State. The field studies were carried out and the documents prepared in order to execute the environmental diagnosis:

ENVIRONMENTAL DIAGNOSIS The environmental diagnosis consists of the classification of the susceptibility of the environment (natural and human) to the project or to human intervention. It includes a list of impacts and potential natural threats.

The natural environment: The natural environment in the area of the project and the direct area of influence is a medium which has been affected by either public or communal works (roads, drains, bridges, service installations) or by private buildings for residence or businesses, as well as by some areas of industrial activity. The type of ground in the area is of Inceptisols, classified as Typic Dystrandepts mixed with Aquic Dystrandepts, defined as dark and deep beds with good contents of organic material and low in bases, derived from volcanic ash. They are fertile, of an average texture and with a good structure and good drainage. Other types of Inceptisols present are comprised of a principal bed called ustic humitropept, joined with beds of andic ustic humitropept, described as dark and deep beds which are dry for over 90 days out of the year, joined with similar beds influenced by volcanic ash in mountainous areas (lathosol).

Other beds of the region are classified as dark and deep, and derived from volcanic ash going from gently wavy to


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very wavy reliefs (Typic Dystrandepts mixed with Aquic Dystrandepts). For their characteristics and origin, they are fertile beds, characterized by intensive coffee seeding, with little and poor use in crops such as fruits and vegetables. With regard to the uses, the ground is not well cared for and underused; due to urban development, the coffee growing frontier in this area has been decaying and the grounds are becoming industrial or residence developments.

Hydrology:

The hydraulic system of the area is defined by the seasonal nature of the rains and the structure and grounds of the Central Valley. This gives rise to a rectangular hydric network with flows of deep waters. This development of the drainage network is the direct consequence of the tectonics and the little consolidation in the volcanic sediments, which are easily eroded. In general terms, the main rivers are deep and well-developed, with good runoff from the canal during almost all periods of the year.

Flora: On the intermountain plateau, the original vegetation, where Pre-Montane forests existed with leguminsae, meliaceae and lauraceae as well as more significant elements, has been replaced by crops, especially coffee trees, sugarcane and corn. On the edges of the gullies and rivers there are patches of forest where there can be observed skeel, ceibo, guabo, capomo and guacimo. In abandoned areas, scrublands and secondary forests there can be observed pioneering species of secondary growth such as trumpetwood, balsa and targua. In the areas around the buildings, trees are used as live posts, for which the West-Indian birch, blackwood and mombin trees are abundant. For pasture shade and coffee trees, wild fig, poró, sheet oak and cedar is kept. In the rural areas are kept fruits such as avocado, guava and pond apples.

Fauna: The species adapted to human presence and the urban areas are the most abundant in the zone, among which we can cite insects, rodents, iguanas, opossum and squirrels. Among birds, the most frequent are black-necked stilt, rufous-colored sparrow, clay-colored robins, brown and yellow blackbirds, bobo, hummingbird, dove, pigeon, turkey buzzard, parakeet, etc. Large mammals, with the exception of domesticated ones, are absent.


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The fauna is scarce, mainly due to the current use of the ground, reporting the occasional presence of squirrels (Sciurus sp), clay-colored robins (Turdus grayi), parakeets (Brotogeris sp), brown and yellow blackbirds (Myiosetetes siminis) and others. It is also possible to find black-necked stilts, rufous-collared sparrow, sanate, rats, opossum, etc.

The human environment.

General Cañas Highway crosses a metropolitan area of the Central Valley of our country, being one of the most used roadways, connecting with Bernardo Soto Road at the height of the airport and forming part of the Interamericana Norte. It goes from the Central Development of the Province of San José, Capital of the Republic, through the Province of Heredia and finalizes in the Province of Alajuela, with a route of 17.3 Km. The area of indirect influence of the Highway route is an urban area, with areas of high to medium density occupation for diverse human activities such as housing, business, industry, tourism, entertainment and services. Therefore, it is an area of heavy use in 80% of its expanse, with 20% being gardens, waste lands, streams or similar.

The project and its possible effects (negative and positive effect):

A. Possible negative effects.

Construction stage. Possible positive effects.

Construction stage. On the ground: Loss from other uses, compacting, risk of pollution.

Works of ground retention.

On the air: Air pollution, dust, vibrations.

On the flora: Elimination in widened areas and works.

Gardening works, reseeding in protected river areas.

On the water: Risk of contamination from accidental spills, greater demand.

Drainage works, rational use of the water element.

On the human environment: Accidental work and transit risks; landscape deterioration, expropriation of lands, relocation.

Sources of work. Execution of the Community Management Plan and other plans.


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B. Possible negative effects from the type of project.

Operation stage.

Possible negative effects of the project.

Operation stage.

On the ground: Pollution during maintenance works.

Maintenance, control of screes.

on the water: Transit noises from vehicles, fumes.

Pollution is reduced from operating the vehicles in a better system, for which stagnation is reduced.

On the Flora: Ornamentation in gardens and green areas, reseeding. Maintenance, will improve the conditions of the flora.

On the water: The adequate drains will try to run from superficial waters, with less pollution through solids.

On the human environment: Risk of roadway accidents.

The risk of accidents is deemed less, for which this is the object of the roadway improvement which will be obtained with the project. There will be, in addition: Control of the state of installations and works and services. Better quality of the landscape, state of the road. Sources of employment. Reduction of roadway and pedestrian accidents.

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GENERAL CAÑAS HIGHWAY, CASE 431-01

GEAMBIENTE S.A.

Natural potential accidents which could affect the project:

The threats to the project are only foreseen for seismic effects, due to the fact that the topography, type of grounds, absence of high screes or flooding areas in this segment of the road prevent presupposing that other events do not represent risk for the infrastructure.

Susceptibility of the project area to negative effects generated by works:

• SABANA-AIRPORT SEGMENT (17.3 km)

General Cañas Highway was characterized as a tourism-urban type, since the presence of the airport makes it the obligated route to take by the majority of tourists, and being used for the transit of residential users who go to the important work centers, as well as its use for industrial transport.


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GEAMBIENTE S.A.

In order to define the ranges of susceptibility in the environment of the project, the following considerations were taken into account: HIGH SUSCEPTIBILITY: intersections with roads of high volume traffic such as the ring road, deep river flues such as the Virilla, considerable cuts such as the sector of the INA. The level of danger, be it in the process of construction or in that of operation, is considerable both for users as well as for operators and to the wildlife in

SAN JOSE-SAN RAMON CORRIDOR Analysis and evaluation of Environmental Characteristics. GEOAMBIENTE. s.a. Environmental Consulting Agency 1/2005 Drawing. Bermúdez

PHOTO: TERRA

SABANA - AIPORT


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the river areas. The intervening works are more relevant and the monitoring more prolonged. This type of situation occurs more frequently in the east sector of the highway, where the wavy topography and the river flues demand the opening of sectioning and screes. MEDIUM SUSCEPTIBILITY: overpasses, low rivers such as the Rio Burío, regular sectioning of screes. The risk, despite being lesser, includes the need for preventative or corrective measures in order to improve the safety levels and the reduction of environmental deterioration. These are intermediate areas at the extreme west of the highway, where the development is more of the industrial kind. LOW SUSCEPTIBILITY: flat areas such as Residencial Los Arcos, small sectioning. The landscaping measures will have improvement of the quality of the environment as their objective. Several areas of the highway are on flat grounds and with gentle and prolonged curves, which represent little risk to the environment or to human activity.

Areas of major susceptibility:

Detail of the 7 intersections:

intersection localization Area in ha. elements ring road 4+300 2.6 12 juan pablo II 4+500 0.4 6 castella 8+300 3.8 12 real cariari 11+100 0.4 4 intel 13+850 1.3 6 río segundo 15+550 0.55 2 airport 17+300 2.75 9 total 7 11.8 51

The demolition of the majority of the current intersections gives rise to the need to remove the current vegetation and reinstall gardens on the islands. In total, there are seven interchanges which occupy a surface equivalent to 11 hectares, distributed in 51 islands, the majority of which carry a landscaping element.


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Breakdown of the 3 bridges: Río Torres 3+530 Río Virilla 7+650 Río Segundo 14+100

The widening of the highway implies the construction of several retention walls, established in the Tender Paper at stations 6+820, 7+060, 7+240, 7+260, 7+100, 7+480. The new installation of toll booths will be placed in Los Arcos, at coordinates 9+100.


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Breakdown of the 10 screes: co

de

pk IN

VE

NTO

RY

LOC

ATI

ON

IN

PLA

NS

heig

ht

incl

inat

ion

LEN

GTH

AR

EA

CA

TEG

OR

Y

T01i 0+800 200 6 40 460 0.17 C T01d 0+950 100 3 40 140 0.03 C R01D 1+750 3850 5 70 66 0.02 D

T02I 5+000 7000 6 45 400 0.14 C T02D 5+000 7050 5 45 80 0.02 A T03I 6+000 7850 6 45 110 0.04 D

T03D 6+000 7850 9 45 110 0.06 D T04D 7+250 9300 3 45 96 0.02 A T05D 12+050 13850 7 45 88 0.04 C T05I 12+050 13850 7 45 88 0.04 C

No mts Ha AVERAGE 6 47 164 0 A 2 176 0.04 MAX 9 70 460 0.2 B 0 0 0.00 MIN 3 40 66 0.02 C 5 1176 0.41 sum 6 45 1550 0.53 D 3 286 0.12 10 1638 0.57

Medium susceptibility areas: Breakdown of the bus stops

1 Pedestrian Bridge 4+900 2 Pedestrian Bridge 6+740 3 Pedestrian Bridge 8+200 4 Pedestrian Bridge 9+780 5 Pedestrian Bridge 11+920 6 Pedestrian Bridge 12+900 7 Pedestrian Bridge 14+650 8 Pedestrian Bridge 16+240

In the referential plans, there also appear bus stops at:

9 Pedestrian Bridge 5+900 10 Pedestrian Bridge 10+700 11 Pedestrian Bridge 13+700 12 Pedestrian Bridge 4+100

Areas of low susceptibility:

Isolated sectors such as around the Cariari residence area, around the Firestone and around the toll booths, where the physiography is flat, the visibility good and there is a lesser risk of accidents.


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GEAMBIENTE S.A.

SAN JOSE-SAN RAMON CORRIDOR Analysis and evaluation of Environmental Characteristics. GEOAMBIENTE. s.a. Environmental Consulting Agency Sc. indicated 1/2005 Drawing. M. Bermúdez

AREAS of High Susceptibility. AREAS of Medium Susceptibility. AREAS of low susceptibility

GENERAL CAÑAS


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Mitigating measures: Summary of Environmental Obligations:

Construction Stage: Protection of grounds. Adequate installations for parking areas and

mechanic’s garage; adequate provisions for sewage waters, execution of plan for handling of waste. Retention works on screes and protection of grounds.

Protection of waters. Correct elimination of ordinary and special waste, as well as surplus; adequate handling of chemical materials; placement of camps, mechanic’s garage, garbage dumps in sites which are approved and adequate for use. Adequate drainage and ditches.

Protection of air. Opaque fences in places of major impact, such as near hospitals and educational centers. Mobile equipment in good state.

Protection of wild flora and fauna.

Discriminative elimination of forestal species; reseeding, green areas.

Protection of the human environment.

Instruction of personnel; execution of safety plans; information to communities, marking, alternate routes during works. Corresponding to the State: Resettlements in approved areas, proper payment of compensations or prices (corresponding to the State).

Work safety. Instruction to operators and personnel; execution of the work safety plan; adequate installations, equipment in good state, use of protective equipment.

Control, Monitoring. This will be constant, with experienced personnel, and will be for natural elements and the human environment.

Operation Stage: Work safety. Equipment and installations in good state; use

of protective equipment; execution of the occupational health plan.

Citizen safety. Maintenance of installations; services, SOS posts, markings, emergency attention service.

Protection of natural elements.

Execution of the annual work plan which the Concessionary will prepare and present to the Administration; controls, monitoring.

Ornamentation. Maintenance, cleaning of roads and related installations. Monitoring. Reseeding.

Monitoring, controls: Monitoring Area Responsible party /Frequency

Natural elements, actions of protection or minimization of impact (water, ground,

Environmental Manager. Responsible manager on the part of the Constructor / Concessionary Company (according to the stage).


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air, fauna). Execution of the EMP (Environmental Management Plan).

Foreman. The monitoring is permanent, with reports to Setena as indicated.

Flora. Protection, reseeding. Execution of the Landscape Management Plan (LMP).

Forestal Engineer. Responsible manager on the part of the Construction Company Foreman. Personnel entrusted with the re-vegetation and the Landscape Management Plan. Environmental Manager. The monitoring will be carried out especially during the stage of the cutting of trees and reseeding in ornamental (green) areas, but will continue in a periodic manner during the entire Construction stage and permanently during the Operation stage (maintenance of green areas).

Human Environment. Safety, health. Execution of the plans for handling of waste, work safety, alternate routes, the Community Management Plan, archeology, etc.

Those entrusted with the execution of the different Plans. Responsible managers on the part of the Construction Company. Environmental Manager. The monitoring will be permanent, those entrusted with the execution of the plans will keep a logbook which will be the property of the Company, (save for that of the Environmental Manager, which will be delivered to Setena at the end of the office term).

Conclusion of the professional team of the Consultant: The project, with the measures of prevention for severe effects on the environment and personal safety, is viable in the natural and human environment in which it is presented, with the area of study being in areas exposed to different human activities and environmentally impacted by existing works which are already consolidated.


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A. COMMUNITY MANAGEMENT PLAN.

Proposal for the Community Management Plan

Objectives General: To make fast and easy communication possible between the local institutions of the State, the Concessionary Company and the local institutions and communities within the area of influence of the project to widen the General Cañas Highway. Specifically:

Providing the municipalities with truthful and detailed information regarding the actions to be carried out, previous to their occurrence.

To make possible the observation and commentary of the institutions mentioned and of the people of the communities, with the purpose of addressing the uncertainties and/or needs of the people of the communities involved in the project as well as the institutions participating in the Plan.

Areas of direct and indirect influence

Target population, organizations or sectors involved General Cañas Highway presents at its margins, a town mainly comprised of business companies, services and private industries and services and institutions of the State, with the exception of brief sections after Castella toward the airport, where patches of coffee crops still prevail. For this reason, it can be affirmed that the main target group of the Management Plan must be the business sector on both sides of the road.


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Location of the target groups. In the segment of the study, the target town of the plan to be developed and which must be considered encompasses the business, production and service companies which exist there, since in all the cases it is necessary to inform on the collective and regional advantages of the project. Of course, the expropriated owners must be given priority in the projected interchanges, both in the area of Castella as well as in Río Segundo. Below is presented a list of places which, at the expense of negative impact, will have positive impact with the widening and improvement of the road. Table : Places of reference.

Kilometer Observed Comment 0 La Sabana 0.5 Margin road to the right Entrance street to the

community of La Luisa, constructed in the area to the right of the road. The community wants to preserve the access, and an adequate marginal road will be made.

1 Community of La Luisa An affected house in the outskirts and concern by the community of the effects of the widening.

3 Community of Rositer Carballo A group of houses around the bridge over the Rio Virilla located to the right of the road.

3.7 Castella Conservatory A junction will be constructed nearby. Area with many trees.

6 Cariari Industrial Premises Interchange with Cariari.

7.4 Sector of the Río Segundo, before the toll booth

Interchange with road to Santa Ana.

9.3 Entrance to the Bernardo Soto Road

Interchange to the Airport.


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Main concerns or conflicts expressed by the target groups. Subject matter of the information:

The specific conflicts expressed are the following:

According to some interviews, the activities related to the project, as well as the expropriations, are not sufficiently informed of, which in some manner contribute to bringing about uncertainty for many residents.

Although generally at the roadside there are mostly large companies or institutions installed, there is concern regarding if the buildings currently present as well as some gardening works, parking areas or margin streets are within the area which will be used or not, not only as part of the perimeter of the road but also in the area of the displacement caused by the construction.

The very scarce information regarding the project, bringing new tenants or owners in the margins indicated to not know the scope of the expropriations, although in the majority of the cases it is indicated that legal distances have stopped these expropriations, by suggestion of the Town Hall.

The lack of coordination between State organizations such as the Town Hall and the Ministry of Public Works and Transport must be stressed, since sometimes the municipal workers come across limitations of information regarding variants in the works, whose knowledge is essential in ordering the use of the areas of influence. This can be of special importance in the initial segment of the highway, kilometers 1 and 2 in the area of Rio Segundo, where small properties predominate.

Construction was not observed in places which, in accordance with the plans, may be within the road perimeters (outside the interchanges), which can be easily observed by the corresponding technicians.

Aspects to communicate on the part of concessionaries and the State to the Town Halls


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and involved groups which are represented before these last:

To those directly affected (Sector A):

Regarding compensations or expropriations; resettlements: The characteristics of the expropriation processes, as well as its duties and rights to this respect

The possibilities of relocation in the event of expropriation of residences, considering access to the work and ease of transport.

The real rights of the people who occupy grounds to be relocated (in other words, the real obligation of the Ministry of Public Works and Transport).

To the populations and communities represented before these (Sector B):

Safety: The safety levels and the monitoring of the Civil Guard and the Transit Police.

The Project: The number of roads which the artery will have and their characteristics.

Benefits of the project, improvements. Advantages. The duration of the work and the date of initiation of the works.

The exact measurements of the surface corresponding to the road perimeters in each case, specifying the effects and hindrances which could occur in the construction process.

The strategies for access to the businesses and communities during the construction period.

If it will have pedestrian walkways or interchanges and their exact location.

Environmental measures: Control of atmospheric pollution of gases and noise.

Provisional routes. Re-vegetation, landscape vegetation improvement. Protection of grounds, water, fauna.


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Suitable ways for channeling the concerns of the target population, organizations or sectors involved

In the sector A studied, it is necessary that the State communicate with all the affected people personally.

Through the Town Halls, the Concessionary Company will communicate with Sector B, among who are those managers of the companies located on both sides of the road, as well as the respective development associations. Primarily the companies whose access, grounds or safety may be affected during the construction process should be addressed.

It is necessary to deliver an informative note (the first of a series) in which the project is summarized; this information will be delivered to the Town Halls (through the Executive Summary of the Environmental Impact Study) previous to the delivery of the EIS to SETENA.

It is recommended that a written notice be distributed for the purposes of announcing an in-person informative meeting which will increase knowledge and free doubts for the people of Sector B who may be moved toward a center which could be located in the municipal area of San José, with the presence of members of the Towns Heredia of Belén, and Alajuela, as well as the Ministry of Public Works and Transport and the Concessionary Company.

Mechanisms for the institutional as well as the Concessionary Company’s response to the concerns of the organizations represented in the Town Halls:

It must be the basic task of a professional entrusted with the execution of this Plan to provide free and detailed information.

Create an office or Communication Center which is adequately equipped, with the purpose of providing a rapid and efficient response to the requests of interested persons. This office may be located in the municipality of San José during the


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construction stage and will be located in the Operation Control Centers during the operation stage.1

Establish, as a prioritary mechanism, the free response and rapid clarification on the part of technical personnel of the Concessionary Company and Ministry of Public Works and Transport regarding the doubts transmitted by the professional entrusted with this.

Facilitate, through one sole window, the processes of transmission of complaints or requests vis-à-vis the Concessionary Company and the public organizations, this with the proposal of facilitating a simple customer service route within reach of the general town. Upon its initiation, the window may be located in the involved towns, and later, it will be in the Operation Control Centers in order to deal with suggestions and complaints and to provide information and collaborative efforts.

Have a meeting of the representatives institutions involved as a first mechanism of inter-institutional communication for the channeling of concerns which may arise in the service window described above.

1 Once the ES of the EIS is approved, the Concessionary will bring this proposal before the Town Hall for its approval or agreement; if this is not the case, an alternative headquarters will be searched for in the municipal area of Santa Ana.


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Basic information for the preparation of a timetable of meetings

Plan de action:

Activity Execution strategy

Details Resources

1. Study of the target populations, institutions, organizations or sectors involved.

1. Written notice to all the sectors involved regarding the initiation of the project (preferably by residence area) through municipal collaboration (Informative bulletin or other means).

2. Tracking and communication and reactions.

Communicate with Town Halls and through them, with the Developmental and Business Associations of both sides of the road.

Entrusted professional.

Equipped office.

2. Process of validation for the Community Management Plan at the institutional and community level.

1. First meeting and participative workshops for the communication of the Community Management proposal (one in San José, another in Heredia and another in Alajuela).

2. Compiling of suggestions.


4. Monitoring of agreements.

Hold a meeting for the town areas, Development Associations, and workers of the Ministry of Public Works and Transport.

Entrusted professional. Locale for meetings.


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Cont’d

1. Enhanced process for inquiry and approval of the Community Management Plan and first reconciling for knowledge of concerns regarding the project vis-à-vis the municipal areas.

1. Communication and monitoring of agreements.

Holding a meeting for the municipal areas, Development Associations and workers of the Ministry of Public Works and Transport. Business owners on both sides of the road.



1. First Meeting – participative workshop for diagnosis of concerns.


3. Permanent process of monitoring of agreements.

Hold a meeting for all the participants in the previous workshop. Hold meetings with other people with concerns.


4. Process of communication of the responses to the concerns of the target population, organizations or sectors involved.

1. Communication of the responses through municipal bulletin or other means.

2. Inter-institutions monitoring of the response to the concerns.

Period inquiries for persons with critical or unresolved concerns.

Entrusted professional. Equipped office.


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Timetable proposed for the Management Plan for General Cañas Highway


Months

1 2 3 4 5 6 7 8 9 10 11 12

Written communication to all the sectors involved regarding the initiation of the project: Copy of the executive summary of the study.

1. First contact with the target populations, organizations or sectors involved through the municipal areas

Monitoring of communication and reactions.

First Meeting –participative workshop for communication of the Community anagement proposal. M

Compiling of suggestions with respect to this.

2. Process of validation for the Community Management Plan at the institutional and community level

Communication and monitoring of agreements.

Second meeting –rticipative pa

workshop for approval of the Plan.

Communication of agreements.

3. Enhanced process for inquiry and approval of the Community Management Plan and the first reconciling for knowledge of concerns regarding the project.

Permanent process of monitoring agreements.


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Meeting –participative workshop for diagnosis of concerns.

Communication of agreements.


Monitoring of agreements.

1. Communication of response.

5. Process of communication of the responses to the concerns of the target population, organizations or sectors involved

Inter-institutional monitoring of the response to the concerns.

Strategies: Providing the Towns of San José and the Central Housing Area of Heredia and Alajuela with truthful and detailed information on the actions to be carried out, previous to their occurrence. This information must make possible commentary regarding the institutions mentioned and the communities represented vis-à-vis this last, for the purpose of addressing their concerns and/or needs generated by the project, such as for example, accesses, protective fences or sound walls, signing and others. The Concessionary, in that which corresponds to it, will see to informing on the benefits of the project and to giving a response to the concerns and/or necessities of the people in the communities involved in the project, as well as the institutions which participate in the Plan. For this, it will possess the adequate personnel who will issue


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technical questions which may arise; for their part, the State institutions will collaborate when it corresponds. The execution time period of the plan will be equal to the time for the construction stage of the highway segment which is the object of this study. To achieve that given above, the actions indicated in the previous table will be carried out, and a person entrusted with managing the plan will be hired; the possible modification of the proposed plan and the motives for this will be made known to Setena and the institutions this may correspond to. 2

Por Geoambiente S.A. _______________________________.

SAN JOSE-SAN RAMON CORRIDOR

Analysis and evaluation of the Environmental Characteristics. GEOAMBIENTE. s.a. Environmental Consulting Agency 1/2005 Drawing. Ber

m

údez


ERAL MAP

2 The first action will be to present the Summary of the Environmental Impact Study of the project to the Town Halls mentioned previously.

GEN


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B. Resettlement, expropriation plan.

Resettlement Plan Definition and Scope This refers to the physical involuntary displacement of persons cause by a project of the Bank. Objective Minimize harmful disturbances in the way of life of the persons who live in the project’s area of influence. Principles 1. Avoid or reduce to a minimum the necessity for

involuntary resettlement. 2. Ensure that the persons affected will be compensated and

reinstated in an equitable and adequate manner.

PROVISIONAL RESETTLEMENT PLAN. Objectives: The general objective of this plan is to provide help to those affected by the widening and improvement works for a segment of highway. As specific objective, to know the number of affected persons and their socio-economic condition for the purposes of providing information regarding the relocation or resettlement, and the future location or compensation conditions. Actions: As a first step, the route proposed in the plans of reference will be known, as well as the areas required for the works and approximations or accesses to the structures such as bridges over rivers, intersections or overpasses.


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Knowing the number of family houses affected and to relocate (this corresponds to the State), ensuring the reduction to the minimum of the need for relocation or resettlement. This is achieved through the modification of the plans, which has been carried out by the Concessionary by the date for the achievement of this objective. Evaluation of the legal status of the people. In the case which concerns us, the forced relocations are for persons who have invaded terrain which is the property of the State, and who are found in a squatting situation for which expropriations are not applicable, but with possible compensation and/or relocations, if Costa Rican Law permits it, with the legality of the stay in the country able to be examined in the case of foreigners. Verification of the vulnerability of the people: The groups affected are marginalized sectors of the population, for their condition as squatters and possibly as foreigners without papers. There is no other type of vulnerable population (elderly, racial minorities, disabled persons or others) according to the studies carried out. Agree to the relocation or compensation for the eviction notice. This action corresponds to the State. Identify places for the relocation. These must permit the affected population to reach an improved standard of living within a reasonable amount of time, estimated at 12 months. This action corresponds to the State. Transfers and compensations. The fair and complete compensation of the real losses must be secured on the part of the State Assessor.


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Preliminary Plan Table for Resettlements.

Objectives Actions. Goals. Responsible Time Periods General: The general objective of this plan is to provide aid to those affected by the widening or improvement works of the highway segment.

Knowing the route and the affected areas, trying to minimize the number of affected people.

Minimize the number of affected people.

Concessionary. Already carried out.

Specific objectives: As specific objectives, getting to know the number of affected people and their socio-economic condition for the purposes of providing information on the relocation or resettlement, and the conditions of future locations or compensation.

Evaluate the legal status of the people.

Know the legality of the payment actions.

The State According to the State timetable, these actions have been carried out. The conditions of new invasions into the areas around the Río Virilla, access at the river (General Cañas Highway) is being examined.

Agree to the relocation or compensation.

Inform and address, when possible, the concerns of those affected.

The State. The Concessionary may contribute.

Partially completed; the remaining time period is 8 months.

Locate place or places for resettlement.

Encourage the development of the affected population.

The State. 8 months

Fair indemnity or compensation.

Include the legal costs and those of transport, for example.

The State. 8 months

Magnitude. In the case studied, some thirty-five to thirty-six families could be transferred if within these families are included those installed in the public area of the road


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perimeter near the bridge over the Río Virilla and the access to the flue of the river for works, in the community of La Luisa (1) and Rositer Carballo (it is worth noting that they are not persons displaced from their property, but that this state land that has been invaded, the large majority recently, which typifies another situation with respect to the Ministry of Public Works and Transport or to the Concessionary Company). In those cases, the relocation and/or compensation must be dealt with by means of contractual provisions mutually agreed to before the dvancement of the project. a Analysis of the Risk of Impoverishment of the displaced persons. The essential aspects presumed which could be confronted as a consequence of the resettlement of the affected groups and which the corresponding actions must avoid would be:

1. Dismantling of the social networks; this could arise in the communities mentioned, but can be resolved with an adequate social worker, since already in themselves they are marginalized communities with dismantled networks.

2. Nutritional insecurity and the increase in morbidity and mortality; although for the location of the populations in urban areas with medical assistance attention, this is not considered to occur for this case.

3. Loss of access to the means of production; in these types of cases there could be loss of productive agricultural land, which should be settled economically, but in this section we do not detect these cases.

4. Loss of employment, since many of the inhabitants of the sites mentioned are located in the road perimeter work in the nearby industries and businesses. This possibility exists for some cases (fewer), and must be resolved with a resettlement to a comfortable place with access to the place of work. However, in its majority, these are cases of squatting occupancy, persons who do not have employment and frequently are foreigners who do not have legal documentation for their stay in the country.

5. Loss of access to education. This is resolved if in the place where the affected people will be transferred has educational services, which is very feasible in all national territory, for which it is considered improbable that this problem will occur.


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In the segment studied, the residences affected belong to marginal communities, as in the sector described close to the bridge over the Rio Virilla, for which it must be ensured that the preventative measures for reducing the social damages to a minimum are executed, in which compensation is only offered in a cash option (if legally this is merited according to Costa Rican Law, as it is invaded territory, and for the situation of illegality in which many of the foreigners who are found there find themselves recently), if the economic and social conditions of the affected population, the institutional environment and that of the housing market, or the complementary services permit that their investment assures the re-establishment of the quality of life for the affected population. Indigenous Communities. There are none in the entire region of the works.

Temporary Resettlement. In the area, there were no cases observed of temporary resettlement or rather such action was not considered possible, since in order to avoid serious socio-political problems, a proposal for an immediate solution to the eviction is required. However, in the event that a temporary resettlement occurs, the activities must be directed toward the objective of reducing the disturbance of the affected population to a minimum, avoiding negative and irreversible impact (such as the permanent loss of employment), the provision of adequate temporary services and, where appropriate, compensation for difficulties caused by the transition. Design and Evaluation of the Resettlement Plan (criteria) When the conclusion has been reached that resettlement is the most adequate solution to achieve the objectives of the project, it is necessary to prepare a complete and final resettlement plan in which the following criteria are applied:


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Base Information. Reliable base information must be compiled as far as possible in advance of the resettlement, which must include data regarding:

• Socio-economic and cultural characteristics, • Eligibility criteria • Breakdown by gender. • Number of persons who will be resettled, • Requirements for compensation and reinstatement.

Community Participation.

• Prior inquiries, prepared in the proper manner and socio-culturally adequate, with a sample of persons who are representative of the displaced and receiving communities.

• During the design stage, inquiries will be carried out which will continue during the execution and the monitoring of the plan, whether directly or by means of representative institutions and organizations of the community.

• The most vulnerable subgroups will be carefully identified in order to ensure that their interests are properly represented in the process.

Aspects to consider in the process of compensation and reinstatement.

• Value of the substitution of the lost assets. • Means necessary in order to reestablish the

subsistence and the income • Reconstruction of the social networks which support

production, services and mutual assistance • Compensation for the difficulties caused by the

transition (costs of displacement, interruption or loss of employment, loss of income and other).

• Taking the measures necessary to ensure that the difficulties produced by the transition are not prolonged unnecessarily or cause irreparable damage.

• Bearing in mind the intangible assets, especially the non-monetary social and cultural assets.

• Adjust the options for housing and services to the social and cultural environment, with the minimal housing standards and access to basic services.


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• In the complete process, taking into account the characteristics of the resettled population (gender, ethnicity, age and other factors which indicate their vulnerability and/or their special needs).

Legal or Institutional Framework. In the resettlement plan the legal and institutional environment must be identified, in whose framework will be applied the compensation and reinstatement measures. It is of great importance to establish if in the places studied it is possible to apply the established legal framework and if this is sufficient to satisfy the requirements of this plan. It can be minimally valued if the national legislation permits:

1. Preparing the entirety of the necessary compensation and reinstatement measures.

2. Insuring that sufficient resources for the compensation are available.

3. Evaluating the future additional measures for reestablishing a means of support for the affected population.

4. Designing mechanisms which have the ability to provide necessary goods and services.

5. Identification of deficiencies in the institutional and regulatory frameworks on the local level.

Other considerations are related to the migratory status of the occupants squatting on the land which is the property of the State. Environment. The resettlement plans must bear in mind the environmental consideration in order to prevent or alleviate the affects caused by the development of the infrastructure, the greatest demographic density of the receiving area and the excessive demand for natural resources, as well as the pressures on ecologically vulnerable areas. Monitoring and Evaluation.

• The monitoring activities will be focused on the fulfillment of the resettlement plan with regard to the social and economic conditions reached or maintained in the resettled or receiving families.


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• The plan and the provision agreement will specify the requirements for monitoring, evaluation, and their timetables.

• Qualitative and quantitative indicators will be

included as points of reference in order to evaluate, in critical intervals of time, the conditions related to the progress of the execution of the total project.

• The final evaluation will be planned according to the

date estimated for the finalization of the plan, which is the expected moment in which the quality of life for those which the plan was designed has been reached.

• The monitoring system will provide multi-disciplinary

supervision and evaluation which the complexity of the respective resettlement plans may require.

This resettlement plan obeys the criteria of the Inter-American Development Bank for projects which involve resettlement of a population or expropriation of lands. For this to be carried out, studies were executed in the field of the current conditions of the people affected by the Plan and the legal regulation of the country to this respect.

It must be kept in mind that: 1. It corresponds to the State, according to

this regulation and the conditions of the Tender Paper for this project, to carry out the processing of the expropriation or compensation, indemnity or resettlement.

2. The role of the Concessionary is to contribute to the process and to monitor this in as much as Law permits.

To achieve the objectives described, field studies

were carried out, the first of which was to identify the vulnerable groups affected:


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Table of affected vulnerable groups:

Classification of vulnerable groups

Degree of affect by the project

No resources, destitute. 5% Owners squatting in the AID in the area of the works (invasion of State lands).

100%

Ethnic minorities. Lack of information Persons over 65 years of age. n.e. Indigenous peoples. 0 Mentally or physically disabled. 0 Family group with woman as the head of the family.

40%

Common law couples with children. n.e. Total number of families or groups vulnerable in the General Cañas Highway segment.

36

n.e.= Not estimated for lack of information provided by the interviewed persons.

Breakdown: It corresponds to the State to carry out the management of expropriation in order to acquire the lands which will be occupied by the widening of the road, the road perimeter, associated works such as the Control Centers, weigh areas, intersections, walkways, etc. The total of the expropriations, for the entire macro-project of the San José - San Ramón Corridor is 285 according to the State. Of these, approximately 50 correspond to the General Cañas Highway, of which 35 to 36 are family units of scant resources, the rest being expropriations of land which do not imply resettlement. The number of family units which must be resettled in the macro-project (in other words, the total of the San José - San Ramón Corredor project) does not reach 100, according to the studies which were carried out in the field.


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The Administration carried out a Tender process for the execution of the studies, plans and land registries, with the company Valdesol S.A. being the one granted this. An Expropriations Unit was also created from the CNC, as member of the Advisory for Legal Matters and Expropriations of this Council, which will carry out the monitoring of the activities which are executed. Up to the date of this informative document, 62 land registry plans have been processed, with the rest not carried out or registered, a task with corresponds to Valdesol. Procedure: The procedure which the State carried out is comprised of the activities which are summarized in the attached table, where those responsible for bringing this about are stated. Advancement of the procedure: According to the publication of Gazette 72 of 15 April of this year, certain properties were declared of public interest, and a provisional annotation order was given for the purposes of expropriation. The number of buildings to expropriate for this macro-project which appears in this Decree is 14. A digital file was made for areas to be expropriated, without all of those which would demand the resettlement of the families corresponding to residential houses or to lands for survival activity. The company Valdesol, awarded this last February, has 120 days for the time of execution of the topography, planimetry and land registry of the plans for the remaining properties of this legal requirement. The awarding having been published on 8 March, this began from the initial work order.

Legal and institutional regulation existing for the framework and responsibilities of the resettlement:

The Law of Expropriations, as well as the General Law of the Public Administration and associated laws govern the tasks of the Administration (State) with regard to expropriations.

Criteria for the payment of compensations, purchase or expropriation:

The criteria which governs in general is that of the existence of a right on the land required for the public


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works, pursuant to the regulations of the Civil Code; other criteria refer to topography, market cost of the land, etc.

Inquiries made previously with the persons who will be affected by the project of this segment:

Inquiries have been made with the possible affected people, processes which civil servants of the State carried out. In interviews carried out by professionals of the Consultant, ignorance was observed in some sectors, although they know of the project and have been visited by the cited civil servants.

Possible environmental impacts of the resettlement program and mitigation measures proposed.

Effects on the natural environment were not observed, save for in the change of use of the ground. This change of use is not able to be mitigated, and in some cases it can be positive, not only because the users will have a wider highway which is better designed and illuminated with service areas, adequate drainage, among others, but because the ornamentation plan will embellish areas which currently do not show any landscape attractiveness. With regard to the effects on the socio-economic environment, the compensations or resettlements which correspond will be the mitigating measure for these, relying on the fact that they will generate improvements in the conditions of the affected families.

Community information: This plan will be included in the information which will be provided to the Town Halls of San José, Heredia and Alajuela, for inquiries of the interested community represented before these Town Halls, and will be likewise included in the information which is to be provided in the Community Management Plan

Costs. The development of the plan, in that which corresponds to the Concessionary, will generate the following costs:

Table of possible costs for the implementation of the Expropriation Plan:

Action Estimated cost, 1 year

Handling of information for purposes or monitoring and collaboration

Salary of person entrusted with this plan. Costs of telephone, stationary, computer equipment.

Monitoring actions of the State Salary of person entrusted with this plan.


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Costs of telephone, stationary, computer equipment.

Cooperation with the State and the persons affected who may request it.

Salary of person entrusted with this plan. Costs of telephone, stationary, computer equipment.

• Program of later inquiries and monitoring:

Monitoring Action Time Period Compliance with agreements or decisions.

Review of documents.

Upon the end of the corresponding time period.

State of the families or persons resettled.

Visits Six months after the expiration of the time period for compliance.

Summary of the contents of the preliminary resettlement for the project for the widening of the General Cañas Highway. It is recommended that this plan include information regarding:

• Appropriate actions or measures to prevent new settlements in the area which will be subject to the resettlement;

• A tentative limit date to determine the eligibility with regard to compensation;

• An estimate of the number of persons who will be resettled, which must be based on sufficiently reliable data and in the definitive design of the route of the widening; it will include the migratory status of the squatter occupants in slums located on State lands.

• A definition of the different options which will be available in the framework of all the compensation and reinstatement measures;

• An approximate calculation of the number of persons who will be eligible for each one of the options;

• The budget and calendar of the preliminary executions for the resettlement process;

• A diagnosis of the feasibility of the regulatory and institutional framework, including the identification of the aspects to resolve.


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Contents of the final resettlement plan (pursuant to the requirements of the IDB)

• The definition of the final collection of options for compensation and reinstatement;

• The criteria for eligibility of each option; • A reasonably exact calculation of the number of

persons subject to each option or a combination of them;

• Institutional provisions and/or an execution mechanism in whose framework can be implemented the local laws and regulations which may be applicable and which may be related to the expropriation, the rights of the property and the management of the resettlement activities in an appropriate manner, which assign clear responsibilities for the execution of all the components of the resettlement plan and which offer an adequate coordination with the other components of the project;

• The final budget financed within the framework of the overall budget of the project;

• The calendar for execution of the activities which must be carried out in order to provide the goods and services included in the collection of measures for compensation and reinstatement, linked to the principal points of the overall project for which the relocation places (and other services) will be appropriately available;

• Provisions for the inquiry and participation of local organizations (public or private) which may contribute to the execution and which assume the responsibility of the operation and the maintenance of the programs and the infrastructure;

• Provisions for monitoring and evaluation, including the financing, from the initiation of the execution period until the date established as an objective for the full reinstatement of the resettled communities;

• Provisions for participative supervision agreements, which may be used together with the monitoring as an alert system to identify and correct problems during the execution stage; and

• A mechanism for the resolution of controversies related to the lands, compensation and other aspects of the Plan.


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GEAMBIENTE S.A.

_____________________________. By GEOAMBIENTE S.A.

SAN JOSE-SAN RAMON CORRIDOR Analysis and evaluation of Environmental Characteristics. GEOAMBIENTE. s.a. Environmental Consulting Agency 1/2005 Drawing. Bermúdez


GENERAL MAP

ENVIRONMENTAL IMPACT STUDY SAN JOSE – SAN RAMÓN CORRIDOR PROJECT

SAN ANTONIO – RÍO SEGUNDO ARTERIAL SEGMENT FILE 432-01

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ENVIRONMENTAL IMPACT STUDY

SAN JOSE - SAN RAMÓN CORRIDOR PROJECT SAN ANTONIO - RIO SEGUNDO ARTERIAL SEGMENT.

FILE NO. 432 – 2001. 1. EXECUTIVE SUMMARY The project is for the construction and operation of a segment of a segment of highway to be built between San Antonio de Belén and Río Segundo, Alajuela. The natural setting, although including areas in which some heavy building has taken place, maintains a view of the rural environment where less building has taken place, with flora (fruit trees, ornamental bushes and other flora) being plentiful in this area, an there being a better air quality than in the areas bordering the AII. Fauna is scarce and consists of that which is typical of semi-rural to urban areas and which has got used to human presence (rodents, birds, insects). As regards the human environment, the density of occupation is lower. The Concessionary company, AUTOPISTAS DEL VALLE S.A., assumes the environmental commitments that will be set out below (following tables). There are some obligations prior to starting the building works and these refer to the stage of studies and attaining of permits.

• The Project: This will initiate at the Panasonic Intersection, at San Antonio de Belén, and end at the Río Segundo intersection, where it will connect with the General Cañas Freeway. It will have four lanes (two in each direction) of a width of 3.65 m. each; hard shoulders will also be built of 2.0 m. in width on both sides of the road, and a central isle of 1.80 m. The stretch includes the passage over the River Segundo, for which a bridge will be built of approximately 35 meters in length, one end at the start of the stretch and the other at the end of the arterial.



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• The present natural setting:

The area being studied is located in the central region of Costa Rica, to the west of the city of San José; Coordinates 213,000 – 217,000 N and 522,000 – 517,000 E, Cartographic Page 3345 - I Abra and Barva 3346 - II, 1: 50 000 IGN. It covers land ranging from flat to undulating, located between the places known as Panasonic, Ojo de Agua, Aeropuerto, Río Segundo. The area of interest is located as the continuation of the current San Antonio de Belén –Santa Ana arterial, Route No 147. The elevation of the area being studied ranges between 850 and 950 masl. This gives it a climate(ST/T: sh/5 - 6) that is Sub-tropical, Sub-humid Tropical, with five to six dry months, a man annual rainfall of between 1517 - 2052 mm per year and a mean temperature of higher than 24 ºC. Geologically, the Intermontano Central Valley is considered to be a “volcano – sedimentary” type of deposit basin. The area under study corresponds to an infill of deposits of recent Colluvial Alluvial origin (Qal), fallen deposits (Cenizas and Lahares - QVL), Burning Avalanche Deposits (QV3), and Andesítico-Basálticas Lava Flows(Bermudez Formation(QV1) and the Intra-canyon (QV4)), on a rocky sub-strata of a sedimentary nature of the Pacacua Formation (Tm-p), and pyroclastic lavas and flows from the Myocene, associated with the Grifo Alto Formation(TQ-ga). The hydric system of the area: this is defined by the sesonal nature of the rains and the structure and contours of the Central Valley. It gives rise to a rectangular type hydric network with deep water flows. This development of the drainage network is a direct consequence of tectonics and of the lack of consolidation of the volcanic sediments, which are easily eroded. In general terms, the main channels are deep, well developed and with good flows of channel current during almost all stages of the year. In line with the morphometric and geomorphic characteristics, the lands of the region where the project is located are flat – undulating, with a small incline towards the South-east – East. This concentrates the current in the channel known as the river Segundo and the Las Fuentes gorge, affluent of the River Bermúdez, which is the main collector to the south of the project. Some AII areas are located on the Colima and Barva watercourses.



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The river Segundo is the natural drainage point to the north of the project in the area of the town of Río Segundo. The tributary basin is in a very well extended area, which is very well developed, with a high coverage index and so its form index denotes the quality of transferring high flows. The high rainfall values (146 to 184 mm/hour) in the region tell us that the river has extraordinary values of surface current, which is concentrated in a short time span, owing to the fact that stream waters, which are developed on the land near the channel, are brought together. The morphometry of the basin shows evidence of the transporting of a relatively high flow of water, during the times of significant rainfall. This lads to notable erosion effects in the channel, mainly on the uncovered sides with steeper inclines and where the screes are higher. This is not the case in the lands adjoining the project where the topography is relatively flat, and so the erosion is laminar and less concentrated. The Las Fuentes gorge is located more or less in the center of the project area. It is the natural drainage point of the springs of Ojo de Agua. The tributary basin is not a very extensive area, which has not been developed much, with a low coverage index, and hence form index, denoting a low level flow quality of transfer. Nevertheless, owing to the length of the channel, the width of the tributary basin means this captures a large volume of pluvial waters The high rainfall values(146 to 184 mm/hour) in the region tell us that the gorge shows extraordinary values of superficial current, which are concentrated in a very short time span, owing to the fact that stream waters, which are developed on the land near the channel, are brought together. The morphometry of the basin shows evidence of the transporting of a relatively high flow of water, during the times of significant rainfall. This lads to notable erosion effects in the channel, mainly on the uncovered sides with steeper inclines and where the screes are higher. This is not the case in the lands adjoining the project where the topography is relatively flat, and so the erosion is laminar and less concentrated.



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Soils: Generally speaking, the land can be characterized according to the zone and the lithological unity that makes up its setting. They have evolved in the area under study on the basis of different lithological components present at the site, evolving from former volcanic deposits (ashes, ignimbrites and tobas of the Tiribí Formation) and colluvial alluvial deposits from the Pleistocene). These are young soils that have not had enough time to be developed. In spite of the climatic conditions, the topography of the area has played a very significant role in the evolution of the pedogenetico system and in the edaphological evolution. In accordance with the degree of evolution, this enables us to identify two categories of soil in the area: Inceptisols and Vertisols. In general terms, the most widespread type of soil is a lime – clay, clay – sandy soil of a dark brown color, of the Ustic Humitropept type with a high organic, plastic content, with a moderate to high level of permeability and porosity, with relatively low infiltration times. Climate: Owing to its location in the Central Intrmontano Valley, the area has influence from the Central Pacific, displaying a form of climate with two notable seasons, the rainy one from May to October and the dry on from December to the middle of May. The months of transition are April to November. The climate is general is classified as Sub-tropical, Sub-humid Tropical, with five to six dry months (ST/T: sh/5-6), with high annual mean rainfall and an average temperature of higher than 24 ºC. The climatic parameters of the area under study are a potential evapo-transpiration level of the order of 1710 mm per year, a humidity index of 60 - 85 %, and a hydric index of 0.83 - 0.50. This characterizes the region as Sub-humid tropical. According to the data recorded at the meteorological stations of the region, the behavior of the variables is quite homogenous in terms of the temperature, atmospheric pressure, sunshine and wind. This region displays fewer average days of rain, a higher number of hours of sun and a lower relative humidity, within the context of temperatures higher than 24 ºC, with maximums of 32 ºC an minimums slightly higher than 20 ºC. The hottest month is April,



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while the les hot months are September and October, according to data from the National Meteorological Institute (IMN-2003). It is clear that the region has good weather conditions, because the few variables displayed throughout the periods demonstrate that there is stability and homogeneity in both the dry and the rainy seasons, with differences associated with the presence or absence of rain. The climatic data display a bi-modal form of behavior of precipitation, with a dry season from November to April where the monthly averages are near to or less than 100 mm of rain, while from May to October the rain exceeds 150 mm, and this is considered to be the rainy season. One exception occurs in July, known as San Juan’s summer, with days of little rain. The average mean temperature, along with the maximum and minimum, do not show seasonal variations, staying stable throughout the year. The differences in terms of perception of the hot environment coincide with the dry season, where there is nil cloud cover. The difference between the maximums and minimums is little, and so the diurnal – nocturnal variations do not mean considerable structural planning. The relative humidity values range between 69% and 82% with few variations. But in spite of these being high, the location of the project in an area that is open and exposed to breezes allows it to be expected that, combined with the project design, humidity is not going to be a stifling factor that reduces the level of comfort and the quality of the micro-environment. There are between 4 and 8 hours of sunshine per day on average, indicating a high level of insolation in the dry season, and a moderate one in the rainy season. The wind-speed values are bi-modal, with a time when the breeze is moderate with values of lower than 40 km/hour, defined between April and November, many due to the influence of the trade winds. After December the northern winds increase the windspeed values, coming to vary between 40 and 60 km/hour, being prolonged until the month of March. However, in the general sense, winds are moderate and with a predominantly easterly direction. The current human environment:



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The area of the project and of direct influence are consolidated as semi-urban to urban regions, immersed in development zones, which have been noted for different human activities, and do not have characteristics that require particular elements of protection, except for the water element, for which specific protection measures will be taken. The impacts evaluated, amongst others, for the study:

Source Effect evaluated. Vehicles, machinery. Noise, smoke, gases, smells,

vibrations, risks. Building works, equipment. Risk, disturbance due to delays

associated with the work on the road, deviations, dust. Residue.

Construction. Deterioration of the landscape, modification of natural drainage and re-filling processes, effects on the flora and fauna, loss of land due to expropriations, changes in employment and occupations, new access points, soil contamination, waters, air. Residues.

The possible impacts detected without means of mitigation:

TABLE OF POSSIBLE EFEFCTS, NEGATIVE.

Element affected Possible effect, without mitigation measures.

Soil Loss due to other uses, compacting, erosion,

contamination. Air Noises, smoke, dust,

vibrations. Water Greater demand, contamination,

modification of the drainage pattern and re-filling

processes. Flora Elimination

Wild fauna Transfer, animals being run over.

Human environment Re-locations, risk of accidents, disturbances, landscape deterioration.

Possible future development without planning.

TABLE OF POSIBLE EFFECTS, POSITIVE.



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Element affected Possible effect Soil Protection of soils, by

means of building works. Flora and fauna Improvement of protection

areas in channels. Road infrastructure Considerable improvement Landscape appearance Improvement Traffic accidents Better visibility,

signaling, road design, lighting.

Jobs Job offers Local and national economy Acquisition of materials,

payment of rates and taxes, insurance, contracting of services. New access to

production areas.

• Potential natural threats that could affect the project:

According to what is determined by the analysis of threats, the potential feasible threat is seismic, present throughout the country and the Central American region.

• Susceptibility of areas: An analysis of Critical Areas that are most susceptible and those intermediate ones (medium susceptibility) and the non-critical ones, where susceptibility is low to nil, was carried out. The susceptibility Map reflects said analysis.

• Conclusion of the Professional Consultancy team: The stretch runs through areas not currently used for the circulation of automobile transit, involving agricultural and residential human activity, where the effects of the project for the opening of the road, together with the construction of bridges, drains, pedestrian bridges and bays for buses, lighting, signaling, Central Control an other specified works can be considered to be moderate to severe because of the characteristics of the environment and the affect on soils, vegetation and the human environment. The latter is the one that will be benefited by the project, since the Costa Rican community will have a new highway, an improvement in all of the said aspects (drains, visibility, signaling and others). The mitigating or preventative measures will ensure the prevention of the negative effect forecast on the natural setting and the human environment. Therefore, with the implementation of



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these measures and the right controls, the Environmental Consultancy team concludes that the project is environmentally feasible.



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The correcting measures:

Summary Table of Environmental Commitments.


Element affected



Elimination of vegetation in AP and sits of temporary works.

Flora Removal of vegetal coverage.

Removing only the necessary vegetation; requesting permission to cut down trees. Disposal of waste. Re-vegetating of green areas. Maintenance.

On starting the construction stage tasks.

Earth movement.

Soil Modification of horizons; destabilization of embankments. Contamination.

Proper cuttings an infillings; forming embankments. Disposal of earth surpluses. Disposal of waste (Plan for handling solid and liquid waste).

During the earth movement.

Earth movement.

Cultural Heritage Air.

Alteration, destruction. Dust.

Undertaking of the cultural heritage protection plan. Covering or dampening uncovered soils.

During earth movements.



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Element affected


Tim of application.

Installation of temporary structures. Demolition and/or moving of structures and/or installations. .

Soil, water, air. Fauna, people.

Contamination by waste. Noise. Dust Risk of accidents.

Identifying external structures that must be moved or demolished and coordinating with bodies involved (ICE, MOPT, A&A, etc.) Proper handling of waste. Opaque sound valleys outside school centres.

During the earth movements

Earth movements, cuttings.

Private properties

Re-location of families, expropriation of lands.

Opportune payment, aid for re-location (transport, right sites)

Before initiating of the building works.

Work in the area.

Landscape Deterioration Ornate green areas. Maintenance.

On completion of works. Operational stage

Building works(highways and connections) in AP and AID. Maintenance.

Soil Water Air

Compacting, contamination,Loss for other uses.

Handling of waste. Soil protection, water protection

Construction stage. Operation.

Cont’d....

Action that Element Likely impact Mitigation Time of



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generates impacts

affected measures application.

Camp siting, human presence. Special facilities: workshop, asphalt plant.

Soil, water, air, landscape.

Compacting, contamination, deterioration. Risk of accident. Smells, noise.

Handling of waste, perimeter fences, training or instruction of operators, access signaling, Safety plan.

Constructive stage; in conducive matters, operating stage.

Drainage work. Cleaning of ditches and sewers, etc.

Water, adjoining areas.

Destruction of vegetation. Contamination. Modification of natural drains

Waste processing. Safety.

Maintenance Human health risk.

Risk of accidents. Duration of the building works. Landscaping.

Safety Enforcement Plan. Ornate, re-sewing.

Operational stage.

Regulation of traffic


Regulation of traffic, alternate routes, signaling.

Construction and operation stages.

Demand for services

Water. Services.

Increase in demand.

Control, protection of surface water, payment for services.

Both stages.

Temporary storage of substances, materials. Waste.

Water, soil, human health.

Human health risks. Contamination of natural elements.

Proper facilities (workshops, holds, storing areas, parking, etc.) Checking

Construction Stage, installations in operational stage.


Element affected



Disposal of Water Contamination Proper Construction



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earth dumps and vegetal waste.

Soil Ornate Accidental risks

selecting of sites, checks, safety. Transport routes.

stage.

Traffic of equipment and machinery.

Safety. Air Risks from traffic accidents. Contamination

Signaling of access points, compliance with traffic regulations, control of emissions. Routes

Both stages.

Maintaining of equipment and machinery.

Air Soil

Contamination Having sites prepared in advance for the work.

Both stages.

Storage, use and disposal of hazardous materials.

Workers Risks to health.

Instruction to operators and foremen. Use protective equipment. Adapting of sites. Medical care. Application of the contingencies and safety. Control, monitoring.

Construction stage and leading on from that, operational stage.

Cont’d....

Action that generate impacts

Element affected



Complementary services.

Users, air, water, soil,

Associated with the operation of the highway.

Performing the Environmental Management Plan, Work

Operational stage.



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flora and fauna, workers.

Plan, environmental commitments.

Human presence

Safety. Soils and water. Air.

Fire risk. Contamination.

Planning; team. Safe installations. Processing solid and liquid waste.

Both stages

FOR GEOAMBIENTE S.A. RODOLFO HERNANDEZ RAMIREZ.

ENVIRONMENTAL IMPACT STUDY SAN JOSÉ – SAN RAMÓN CORRIDOR PROJECT.

SANTA ANA- SAN ANTONIO ARTERIAL SEGMENT, CASE 433-01.

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ENVIRONMENTAL IMPACT STUDY

SAN JOSE - SAN RAMÓN CORRIDOR PROJECT SANTA ANA – SAN ANTONIO ARTERIAL SEGMENT.

CASE NO. 433 – 2001.

1. EXECUTIVE SUMMARY.

The project is for the widening and operation of a segment of road between Santa Ana and San Antonio de Belén. The environment is inserted among heavily used areas; although in the indirect area of influence, some plots and vacant areas are found, the fauna is scarce and consists of those which are typical of semi-rural to urban areas, and which have become accustomed to human presence (rodents, birds, insects), and domestic animals. With regard to the human environment, the occupation density is average in AII, there being present some housing developments, shopping centers, service stations, industry, office buildings and a hotel. The Concessionary Company assumes the environmental commitments which shall be indicated herein (the following table) and shall see to the fulfillment of the environmental obligations on the part of the companies which it may subcontract. Some obligations are precedent to the initiation of the works, and refer to the stage of studies and the obtainment of permits. The objectives of the study which are carried out are to fulfill the legal requirements of protection of the environment or minimization of negative effects, both social (safety and labor) as well as the guidelines of the IDB for this type of projects, with the aim of encouraging sustainable development and maximizing the benefits associated with it, and where possible, to distribute the information related to the project in the use of good environmental practice. This is a summary of the study, which may be completely examined in the Archive of the National Environmental Technical Secretary (SETENA/ MINAE), and in the Town Halls of Santa Ana and Belén, once it is approved by Setena.



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The Project:

The project is named the “Widening of the Santa Ana – San Antonio Arterial Road Segment”.

It is a project for the widening of a segment of road

existing between Santa Ana, Province of San José, and San Antonio, Belén, Province of Heredia, with coordinates Lambert North 515 – 517 and East 213 -218, which arises out of the need to have greater width in this segment of the arterial road between the city of Santa Ana and that of San Antonio (Heredia), for which the bidding process for public works “Licitación Pública Internacional No. 03-2002 Concesión de Obra Pública con Servicio Público Corredor San José – San Ramón” – (International Public Tender No. 03-2002, Concession of Public Works with Public Service Corridor San José – San Ramón) was carried out, which was awarded to the Concessionary, Autopistas del Valle S.A., in 2004.

This segment belongs to the third stage of the macro-

project: San José - San Ramón Corridor, and according to the Tender Paper regulations, it must be initiated no later than three calendar years from the issuing of the order for the initiation of works (which will be issued when the Concessionary has fulfilled the precedent conditions which are stated in the Tender Papers), and be finalized (together with the San Antonio – Río Segundo Segment) within two calendar years. The widening will be initiated at the Santa Ana junction (0+000) and end at the junction of the Panasonic, in San Antonio de Belén, a segment of a length of 5.2 Km. At this point there will be a connection with the San Antonio – Río Segundo Arterial Road (Case 432-01, the object of a separate study). The widening consists of adding one lane per direction to the bearing area, and a lane in the center in order to turn left, for which the segment will have five lanes in the section between the Corrogres and Virilla rivers (two per direction and one central one for turns), and in the rest of the section, this will be increased to four lanes of a width of 3.65 m. each; in addition, embankments of 2.0 m width will be constructed on both sides of the road, as well as a cordon for the slow transit of bicycles.

The route includes the widening and reinforcement of the bridge over the Río Corrogres toward its sides; the existing structure is constructed on a floor supported by five beams of pre-stressed concrete, and the symmetrical widening of the sides is proposed. The present bridge over



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the Río Virilla must also be widened and reinforced; this will likewise be done with the bridge over the Río Bermúdez. The road will have signaling works, both vertical and horizontal, as well as those of pedestrian walkways, drains, lighting and service areas.

The Natural Environment: The area in the study is located in the central region of Costa Rica, or the Intermontano Central Valley, to the west of the city of San José, between coordinates 213 - 218 and 515 – 517 Map Sheet 3345 I Abra, 1:50.000 IGN. It covers flat to hilly terrain, situated in the places known as Santa Ana, Lagos de Lindora, Pozos and San Antonio. The study involves an area from Santa Ana to San Antonio and from the Cerros Real de Pereira to the Lagos de Lindora, with the area of interest located in the current San Antonio de Belén - Santa Ana Arterial Road, Highway No. 147. Among the territories is covered the Central Pacific Conservation Area (Área de Conservación Pacífico Central), for the purposes of monitoring the flora and fauna by the Costa Rican Ministry of Energy and the Environment (MINAE). The elevation of the area of study oscillates between 800 to 900 msnm, and with a climate (ST/T: sh/5 - 6) which is subtropical to subhumid tropical with five or six dry months, an average annual precipitation of close to 1660 mm and an average temperature of 23.5 ºC. Geologically, the Intermontano Central Valley is considered to be a “volcanic – sedimentary” deposit basin. The area of study corresponds to a filling of recent deposits originating from alluvial screes (Qal), drop deposits (ash and Lahars - QVL), burning avalanche deposits (QV3), and flows of andesitic-basaltic lava (intra-flue lava unit (QV4)), on a rocky substrate of sedimentary nature in the Pacacua Formation (Tm-p), and lavas and pyroclastic flows of the Miocene, associated with the Grifo Alto Formation (TQ-ga). In general, the beds are characterized depending on the area and the lithological unit which makes up its environment. In the area of study, from different lithological components present at the site and from old alluvial deposits, ash and ignimbrite have developed on the Tiribí Formation / Pleistocene.



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They are young beds which have not had sufficient time to develop, although the climactic conditions and topography of the area has played a very important role in the evolution of the pedogenetic system and in the edaphologic evolution. In accordance with the degree of evolution, we will allow ourselves to identify two orders of bed in the area: Inceptisols and Vertisols. In general terms, the widest bed corresponds to a loam bed (argillaceous clay), which is sandy, brown-colored, dark, of the Ustic Humitropept type with high organic content, little plastics, with a permeability and porosity from moderate to high and relatively high infiltration times. At the site of the project, various associations of beds are found which are classified as vertisols and inceptisols, and entisols in the flue of the Virilla River. The combination of beds classify as vertisols and present a principal bed which is typic pellustert with joined ustic humitropept and vertic ustropept beds, described as beds with heavy and adhesive clays which crack in the summer, of dark color, dry for over 90 days accumulative. Some show lesser content of clays, 2:1, and others of lesser content of organic materials (reddish-brown grumosol and lathosol). The other important group makes up the inceptisols, comprised of a principal bed called the Typic Dystropept joined to Lithic Dystropept and Typic Troporthent beds, described as beds which are red, deep and low in base, joined to thin beds of very little development and beds which are a bit more developed but not very deep, in colinous and mountainous reliefs (lathosol and lithosol).

According to the classification of the use capacity of the area, the terrains in the site of the project are Class IV, meaning that they are grounds with severe limitations for farming and livestock, requiring very careful handling. For its characteristics and origins, these are grounds with very little fertility, and characterized by intensive use for ranching, with little and poor use of them for fruit or vegetable crops. The ground is not well cared for and underused, due to intense urban development, where the agricultural frontier in this area has been decaying and the grounds have become industrial developments.



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The study carried out by the company Ingeotec S.A. indicated that the bore tests made produced the following results:

Santa Ana Sector, Cruz Roja – Panasonic: Layer 1 Bad quality beds. Variable

between argillaceous loam of dark brown or blackish color. Consistency between soft and moderately compact. Variable thickness between 0.50 and 1.50 m.

Layer 2 Expansive clay of grey color or clay of dark brown color. High plasticity. Consistency between compact and very compact. Appears under the previous layer and spreads up to variable depths of between 1.0 and 5.0 m.

Layer 3 Argillaceous loam, altered tufa type of clear, dark or grayish color. Average plasticity. Rigid consistency. Appears under the previous layer and spreads up to an investigated depth of -6.0 m.

The water level appears at variable depth and in other bore tests, it was not detected (see annex study). Climate: The specific data on the Santa Ana and Pavas seasons monitored by the National Meteorological Service shows a typical behavior of the western Central Valley, characterized by a more benign and sunny climate. These seasons are around 900 msnm, a bit lower than the city of San José, and far from the mountainous passes of the Atlantic, where the rain and humidity are condensed. The climatic data shows a bimodal behavior in the precipitation, with a dry period of November to April where the average monthly rainfall is around or less than 100 mm, while from May to October, the rain exceeds 150 mm, this considered a rainy season. Midsummer canicular occurs in



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July, called the “Veranillo de San Juan”, with days of little rain. The average temperature, as well as the maximum and minimum, do not show seasonal variations, staying stable throughout the year. The differences with respect to the perception of a hot climate coincide with the dry period where cloudiness is null. There is little difference between the maximum and minimum, for which the diurnal to nocturnal variations do not imply considerable structural planning. The relative humidity values oscillate between 69% and 82% with little variation, but despite their being high, the location of the project in an area open and exposed to the breezes allows the expectation that combining this with the design of the project, the moisture will not be a demanding factor which would diminish the comfort and quality levels of the micro-environment. The hours of sunshine, an average of between 4 and 8 hours daily, indicate a high level of insolation in dry periods and moderate in the rainy season. The values of the wind velocity are bimodal, with a period where the breeze is moderate with values of less than 40 km/hour defined between April and November, principally because of the influence of the trade winds. Beginning in December, the winds of the north increase their velocity values, coming to vary between 40 and 60 km/hour, being prolonged until the month of March. However, in the general area, the winds are moderate and have a predominantly eastern direction. Hydrology:

The main fluvial systems which comprise the alluvial valley of Santa Ana and which dominate the area of the project are comprised of the rivers Uruca, Corrogres and Virilla in the southern slope of the basin. These rivers flow with a gradient toward the northeast, a general pattern of superficial flow throughout the northern slope of the Escazú Hills, while the northern section of the basin is marked by the Río Bermúdez, with its tributary being the Seca gully which comes from the hills to the north of the city of Heredia.1

Within the area, aquiferous protection areas (wells or springs) have not been defined, except those covered within



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the Water Law and the General Forest Law with respect to the areas of protection for streams and water sources located through the route of the Arterial Road in this segment.

Flora, Fauna: In PA and AID, there is little abundance of wild flora and fauna, and with low diversity, including species introduced as ornamental; in AII, we see areas which are strongly affected by human activity, with some isolated arboreal species in the protection areas in the brooks of the rivers and gullies where the flora is more abundant and the fauna has found some refuge and nourishment. According to the classification of the zones of life of Holdridge, based on biotemperatures, the region of Santa Ana – San Antonio corresponds to the Wet Pre-Montane Forest, which is located on mountainous slopes of medium altitude with moderate precipitation climates and little hydric deficit. In its natural state, these areas develop very diverse vegetable associations with a predominance in species of the leguminous plant families myrtaceas, euphorbiaceas, laureaceas, meliaceas, tiliaceas, palmae, bombacaceas, moraceas, and a wide range of families represented by diverse species, among which are notable the cedar, laurel, trumpetwood, balsa, guabo, guachipelin, guapinol, dorada fruit, guitite, tora, sweetsop, etc. The native vegetation was comprised of mixed associations of lauraceae, leguminous plants and lesser families such as meliaceae and moraceae. Among the most notable species in the region, there are Nectandra, Persea, Phoebe, Sapium, Zantoxylum, Inga, Ficus, Cedrela, etc. The secondary growths are comprised of Ochroma, Piper, Acnistus, Croton and Ricinus. Given the nature of the physiographic configuration and the current use of the ground, both within the PA and AID as well as in the bordering grounds, ecosystems notable for their fragility are not located here. The fauna is scarce, mainly due to the current use of the ground, with the occasional presence of squirrels (Sciurus sp), clay-colored robins (Turdus grayi), parakeets (Brotogeris sp), brown and yellow blackbirds (Myiosetetes siminis) and others. It is also possible to find black-necked stilts, rufous-collared sparrow, the sanate bird, rats, opossum, etc.



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The animal species present in a community are the reflection of the plant component, since they depend on this for their nutrition, refuge and ecological niche. The diversity of the fruit-eating, insect-eating, nectar-eating, and omnivorous animals depends directly and proportionally to the index of physical and vegetable diversity. The species adapted to human presence and urban environments are more abundant in the area, among which we can cite insects, rodents, iguanas, opossum and squirrels. Among birds are more frequently the black-necked stilt, rufous-colored sparrow, clay-colored robins, brown and yellow blackbirds, bobo, hummingbird, dove, pigeon, turkey buzzard, parakeet, etc. Large mammals, with the exception of domesticated ones, are absent. It is expected that the activity, through the noise generated, provokes a displacement of some communities of fauna toward places farther away, especially toward the west and south of the area. The terrestrial fauna existing in the area of the project are limited to a very reduced number of species, since the communities of fauna directly depend on the diversity of plant communities which gives them refuge and nutrition. It is also possible to find elements of occasional fauna or those passing through from a wider geographic range of distribution, such as birds (pigeons, sparrowhawks, parakeets, sanates, turkey buzzards, etc.), snakes (becquer, velvet) and small mammals (black squirrels, rats, armadillos, etc.). The most significant elements of the fauna in the surrounding areas of the rivers are the insects and smaller animals, such as rodents, frogs and some birds. The migratory species which could present themselves in the project would be the same as those for the Central Valley of San José, among which we can cite the warbler. The ornamental vegetation of the project can serve as temporary refuge or as food for these species. Organisms of any economic or scientific interest were not observed. The ecosystems considered to be of the most fragility in PA and AID are the banks of the rivers and gully, in their being under the system of protection (protective areas) and in that they offer some refuge and nutrition to the scant fauna of the area.



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The Human Environment: Current characteristics of the air:

Noise. Currently, the area of study shows characteristics of air pollution generated by the automotive vehicles which pass over the highway, with a study having been done in situ which produced levels of between 80 to 90 dB in different points, with some discontinuous high peaks of up to 115 dB and lows of up to 60 dB.

Station dB2 Result Minimum Maximum

1. 0+000 83 105 2. 3+650 85 115 3. 5+196 90 115

Fumes. The air quality, despite the number of automotive vehicles which pass over the highway, is good, as a result of the presence of the northwestern breeze which disperses the fumes in the area.

Odors. The odors come from the use of fuels and burned oils in the engines. However, just as in the case of the fumes, these are dispersed by the breeze which prevails in the area.

Characteristics of the town in AII: The area of the Corridor, the macro-project, covers town areas of the Province of San José, Province of Heredia, and the Province of Alajuela. This collection of areas possesses varying characteristics, both demographic as well as economic, with different influential effects on transit. Town: The greatest concentration of town is located to the extreme east, in the central town areas of San José and Alajuela, and to the extreme west, the town areas of San Ramón and Grecia are the most populated, with the San José – San Ramón Corridor representing around 25% of the population of the country.3

Growth rate and density of the town, according to data from 1999, is shown as follows: 2 Equipment used: Sper Scientific sonometer, certified. ±2 dB. 3 Study Getinsa-Novotechi and Associates.



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Town Area Variation rate Density /km2

San José 1.53% 7,085.0 Belén 3.32% 1,652.0 Alajuela 3.13% 549.5 San Ramón 2.82% 65.7 Employment: The industrial employment of the corridor means 50% of the country’s total, with San José concentrating over half of the industrial employees in the area of the macro-project, followed by Alajuela and Belén. With regard to business employment, there is likewise presented a greater number in San José (over 50% of the country), followed by Alajuela and Belén. Employment in farming follows the table, with the greatest being in San Ramón, and the least in San José.

Expropriations, resettlements: The preliminary study carried out4 for the purposes of the this project’s tender for the projection of expropriations and resettlements and compensations necessary in the range of PA and AID indicated that the number of expropriations and compensations in the Santa Ana – San Antonio segment is 25, with a total cost estimated at $3,360.00. There will be no resettlements, as the expropriations will not affect homes or family residences. For the valuations, the State has considered the type of use of the ground and crops as well as the use and quality of the current buildings, pursuant to the current Law of Expropriations.

Natural threats: The area for the widening project of the Radial Santa Ana – San Antonio Arterial Road is located in the central region of Costa Rica, in the Intermontano Central Valley, and the threat to the project can be divided into: 1- Tectonic, which involves active neo-tectonic systems of measurement and faults. 2- Seismology, which involves the seismicity of the area. 3- Volcanic, which involves flows of lava and the falling of debris from volcanic eruptions. 4- Flooding, which involves floods of the Rio Corrogres.

4 Op cit.



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5 – Others which are analyzed, such as erosion, slippage, etc. In the studies carried out, it was determined that the only natural threat for the project is the seismic one, just as with the rest of the country.

The possible impacts: MATRIX OF THE IMPORTANCE OF IMPACTS IN THE CONSTRUCTION PHASE

Effect, activity, work + / - E (AII) P Int

(AP) CM M R I

Movements of earth, loss of ground for carry-off

-

2

2

3

O

4

1

-20

Modification or interruption of natural drains (water)

-

1

8

3

N

4

3

-26

Compacting of grounds -

1

8

8

N

4

5

-43

Pollution of grounds - 1 1 1 O 4 1 -11 Loss of grounds for other uses of the works

-

1

8

8

N

4

5

-43

Pollution of waters from accidental spillage.

-

1

1

2

O

3

1

-20

Increase in water demand. -

2

2

2

N

4

2

-14

Modification of aquiferous refilling processes from coverage of ground.

-

1

8

3

N

4

3

-26

Increased emission of particles of dust into the air.

-

1

2

2

O

4

1

-15

Sound level increase. - 1 8 3 O 4 5 -43 Fumes, gas level increase. - 2 2 2 O 4 1 -17 Modification of landscape from works. - 1 2 16 O 4 5 -61 Risk of work transit accidents. - 1 2 2 O 4 5 -20 Leaving of fauna because of human presence at the site.

- 1 8 8 N 4 1 -39

Increased demand for manpower labor. + 1 2 8 O 3 1 +33

Symbols: +/- = Improvement or deterioration. E = area of influence. Passing 1; partial 2; extensive 3;

complete 8. P = persistence. Fleeting 1; temporary 2; prolonged 4;

permanent 8 CM = corrective measures. O = works; N = none. Int.= Degree of incidence regarding the factor or element. Low

1; Medium 2; High 3; Very High 8, Total 16. M= Moment of impact. Long-term 1; medium-term 2; immediately

4. R= Reversibility. Short-term 1; medium-term 3; long-term 8;

unrecoverable 20. I = Importance. +/- [3 Int. + 2E + M +P + R]



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MATRIX OF THE IMPORTANCE OF IMPACT IN THE OPERATIVE PHASE.

Effect or activity Elemen

t

+ / - E (AII) P INT.

(AP) CM M R I

Pollution from accidental spills.

Ground.

-

1

1

1

O

4

1

-11

Noise increase. Air - 2 4 2 N 4 1 -19 Increase in CO emission levels, Pb, from vehicle transit.

Air.

-

3

8

3

N

4

8

-35

Odors. Air. - 1 4 2 N 4 1 -19 Pollution. Springs and superficial waters.

Water.

-

1

1

1

O

2

1

-17

Re-vegetation, green areas.

Flora.

+

2

8

3

O

1

1

+23

Alterations. Demographic structure.

Human environ

ment

+/-

1

4

1

O

1

1

+/-11

Modif. of landscape

Human environ.

+ 2 8 2 0 4 1 +23

Increase in work sources.

Human environ.

+

1

8

1

O

1

1

+15

Natural risks, damage to people and objects

Human environ.

-

1

18

1

O

4

1

-11

Accidents. Human environ.

- 2 8 3 O 1 1 -23

Note: See symbol legend on the previous page. Analyzing the above matrices, we can observe that during the preparation phase of the area of the segment and the construction of the bearing road and the installations, the most significant negative effects will be regarding the natural elements of ground, water, air, flora and also the human environment. The result is therefore the same as that which we obtained through the other type of methodology (the previous analysis):

GROUND: Negative effect from the possible pollution caused by accidental spills, loss because of other uses, compacting in the bearing area and related works.

WATER: Modification in the refilling processes from coverage of the ground, obstructed drains. Risk of pollution of channel beds or runoff water.



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HUMAN ENVIRONMENT:

The modification of the landscape, negative in this phase, from the construction works, in addition to the effects of the forced relocation and emissions into the air, as well as the risk of accidents.

FAUNA: Negative effects possibly null, because those which exist may be transferred to neighboring plots, as well as the current lack of special habitat at the site. It must be remembered that the project is a widening of the current arterial road, involving road perimeters which have years of current use and adjacent grounds dedicated to diverse kinds of activities: hotels, businesses, housing and others.

Conclusions: Studying the site and the current conditions, we can conclude that: • The magnitude of the project and the ground area involved is of significant proportions for the area, but is not a mega-project which can severely affect the regional environment.

• The actual conditions of human activity have already produced a negative impact in the natural environment and changes in the morphology, drainage, use, etc., and the increase of these conditions which will result from the project is not relevant with regard to accumulated effects.

During the operation phase, we can observe from the

matrix of importance the most relevant effects of the project in the operation or functioning stage will be regarding the risk that natural events or accidents could happen to people or objects, and the increase in the vehicular transit with the consequent increase in the emission of hydrocarbons, while other effects are positive or only slightly negative, such as the maintenance of green areas and the modification of the landscape. The effects of maintenance works, negative, are temporary and passing (odors, noises, detours):

FLORA: The re-vegetation and maintenance of the green areas will be a corrective measure for the effects of the construction phase on this element, although this is not proportional.



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HUMAN ENVIRONMENT: The presence of people at the site and the existence of maintenance works for infrastructure presents a slight increase in the risk of accidents. Other effects are the noises and the odors, but these, as was mentioned, will be temporary and passing (maintenance works); others, related to the transit of vehicles, will be permanent (noise, fumes, risk of transit accidents). The (moderate) increase in sources of work is a positive effect, as is also having an improved and safe roadway in an excellent state of use which will connect Santa Ana to San Antonio.

Accumulative analysis of the impact of the operation of the macro-project: the San José - San Ramón Corridor Introduction: This analysis is pursuant to the regulations of the IDB for this project, and endeavors to carry out a diagnosis of the total accumulative impact of the project, in all of its sections:

San José – Airport (General Cañas Highway), Airport – San Ramón (Bernardo Soto Road); Santa Ana – San Antonio Arterial Road, and San Antonio – Río Segundo Arterial Road.

In this way, the study of the possible impact of the project on the elements of the natural and human environment was carried out, with the criteria used for the analysis of impacts of each one of the studies executed in the cases which are respective to each segment being those which we noted at the beginning of this chapter, or: Criteria: a.- Magnitude: This refers to the degree of effect which a specific effect may have on a certain factor or natural element. It is often expressed qualitatively, as null, medium or severe. It includes criteria of duration or persistence, affected area and seriousness of the effects. b.- Sign: This shows if the impact is positive, negative or indifferent. It entails a subjective valuation on the part of the expert. c.- Extent: Considers the spatial area affected by a specific impact, at the regional level. d.- Moment: Temporary phase for which the production of the effect with relation to the project is anticipated, or in predetermined temporary periods such as short, medium, or long periods.



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e.- Reversibility: Considers the possibility of applying corrective measures which revert the negative impact. f.- Certainty: Level of probability that the impact will occur, and it is classified as certain, probably, improbably and unknown. g.- Synergy: The joint action of two impacts which added together, produce a total impact which is greater than the sum of the individual partial impacts. h.- Presence of corrective or preventative measures: When these measures exist, the impact is valued less than without the existence of these, for which it is important to indicate that in this valuation, the prevention plan is assumed to be included.



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Tables of possible accumulative effects of the total project.

Valuation of the effect or impact on the ground element,

generated by removal of grounds, movements of earth, by erosion, loss to other uses, disposal of residues.

Sign Magnitude5 Extent6 Moment Reversibility. Measures7

- 6% 2 Cutting, construction

Partial. Preventative,Corrective

Note: In the qualification of Magnitude, synergy is included as a result of the major effect on the ground of the movements of earth necessary in the San Antonio – Río Segundo and Manolos – San Ramón sectors. In all the tables, the aspect of and accumulation of impacts is included.

Valuation of the effect or impact on the ground element generated by the presence of waste (Ordinary, other).

Sign Magnitude Extent Moment Reversibility. Measures - 2% 2 All

stages of the project.

Total. Preventative,Corrective

Valuation of the effect or impact on the air element generated

by noises from the vehicles and machinery.

Sign Magnitude Extent Moment Reversibility. Measures - 6% 2 All

stages of the project.

Null Mitigating

5 A percentage of 1 (null) to 10 (extremely severe) is assigned 6 A number from 1 to 5 is assigned, 1 being local and 5 national 7 In this valuation, the prevention plan is assumed to be included



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Valuation of the effect or impact on the air element generated

by automotive vehicle fumes


- 5% 2 All stages of the project.

Low Mitigating

Valuation of the effect or impact on the air element generated by

vibration of the equipment or machinery.

Sign Magnitude Extent Moment Reversibility. Measures - 4% 2 Construction,

maintenance High Mitigating

Valuation of the effect or impact on the water element generated

by the works in the segments: Modification of drainage.

Sign Magnitude Extent Moment Reversibility. Measures . 2% 2 Cutting High Corrective

Valuation of the effect or impact on the water element generated

by the human presence (Waste, spillage).

Sign Magnitude Extent Moment Reversibility. Measures - 2% 3 Works,

maintenance, operation

Medium to high.

Preventative, Corrective.

Valuation of the effect or impact on the flora element generated

by cuts and expansions: Clearing, cutting of trees.

Sign Magnitude Extent Moment Reversibility. Measures - 3% 2 Initiation of

works. Low in AID. Null for bearing area.

Corrective.

Valuation of the effect or impact on the flora element generated by the project





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+ 4% 2 Final works, maintenance and operation stage.

Medium Corrective (Re-vegetation)

Valuation of the effect or impact on the human landscape element

in the construction stage.

Sign Magnitude Extent Moment Reversibility. Measures - 3% 2 Initiation

of the works.

High Corrective.

Valuation of the effect or impact of on the human landscape element (operation stage)

Sign Magnitude Extent Moment Reversibility. Measures + 3% 2 Operation,

maintenance High Corrective.

Valuation of the effect or impact on the socio-economic element:

Conflict with development plans.

Sign Magnitude Extent Moment Reversibility. Measures - 0% - - - -.

Valuation of the effect or impact on the nearby or affected human

community elements: Accidental risks.


of the works.

High Corrective. Mitigating.




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Valuation of the effect or impact on the human element generated by the project: Barrier Effect (*).


- 1% 2 All stages

Medium Corrective.

(*)Clarifying note: This effect was already produced, save for in the San Antonio - Río Segundo segment. It will be mitigated by means of pedestrian walkways. Valuation of the effect or impact on the local socio-economic

element as a result of expropriations.

Sign Magnitude Extent Moment Reversibility. Measures - 1% 2 Pre-project Null Mitigating.

Valuation of the effect or impact on the fauna element.


of works, operation.

Low in AID. Null for bearing area.

Minimizing.

CONCLUSIONS OF THE TECHNICAL TEAM. From the analysis of the effects on the natural and human environment, we must conclude that the measures of prevention, mitigation or correction must be directed toward the protection of human beings, water and ground, and that, in accordance with the natural conditions of the terrain and the area, with these measures and the environmental control plan, the project is socio-economically favorable and environmentally FEASIBLE.




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The Mitigating Measures and Obligation of the Concessionary:

Summary Table of the Environmental Obligations.

Action which generates impact

Affected element

Probable impact

Mitigation measures

Moment of application

Elimination of vegetation in AP and places of temporary works.

Flora Removal of plant coverage.

Remove only the vegetation necessary; request permit for cutting trees. Disposal of waste. Re-vegetation of green areas. Maintenance.

Upon initiating the works of the construction stage.

Movement of earth.

Ground Modification of horizon; destabilization of screes. Pollution.

Adequate cutting and fills; conforming screes. Disposal of excess earth. Disposal of waste (Plan for handling solid and liquid waste).

During movements of earth.

Movement of earth.

Cultural Heritage. Air.

Alteration, destruction. Dust

Execution of the Plan for the Protection of Cultural Heritage. Cover or dampen denuded grounds.



Affected element

Probable impact

Mitigation measures


Installation of temporary structures. Demolition and/or transfer of structures or installations.

Ground, water, air Fauna People

Pollution from waste. Noise Dust Risk of accidents.

Identify unrelated structures which must be transferred or demolished and coordinate with the organizations involved (ICE, Ministry of Public Works and Transport, A&A,




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etc.) Adequate handling of waste. Opaque sound barriers near educational centers.

Movements of earth, cutting.

Private properties.

Relocation of families, expropriation of lands.

Proper payment, assistance for the relocation (transport, adequate sites)

Before initiating the works.

Works in the area.

Landscape Deterioration Green areas, ornamentation, maintenance.

Upon finalizing of works. Operation stage.

Works (highway, related) in PA and AID.

aintenance.

Grounds Water Air

Compacting, pollution

Handling of waste Ground protection Water protection.

Construction stage. Operation.

Cont’d....


Affected element

Probable impact

Mitigation measures


Camps, human presence.

Ground, water, air, landscape

Compacting, pollution deterioration. Risk of accident.

Handling of waste, perimeter fences, training or instruction for operators, access signaling, Safety Plan.

Construction stage; in that leading to the operation stage.

Drainage works. Cleaning of ditches and sewers, etc.

Water. Adjacent areas

Destruction of vegetation. Pollution Modification of natural drainages.

Waste handling. Safety.

Construction and operations stages.

Maintenance Risk to human health.

Risk of accidents. Durability of the works. Landscaping.

Execution of Safety Plan, ornamentation, reseeding.

Operation stage.

Regulation of transit.


Regulation of transit, alternate routes, signaling.

Construction and operation stage.

Demand for services.

Water. Services

Increased demand.

Control and protection of

Both stages.



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surface waters, payment for services.

Temporary storage of substances, materials. Waste.

Water, ground, human health.

Risk to human health. Pollution of natural elements.

Adequate installations (Mechanic shop, grocery store, piling areas, parking areas, etc.) Monitoring.

Construction stage, installations in the operation stage.


Affected element

Probable impact

Mitigation measures


Disposal in garbage dumps of earth and vegetable waste.

Water Ground

Pollution Ornamentation Risk of accident

Adequate choosing of sites, monitoring, safety. Transport routes.

Construction stage.

Transit of equipment and machinery.

Safety Air

Risks of accidents in transit. Pollution

Signaling of accesses, fulfillment of transit regulation, control of emissions. Routes.

Both stages.

Maintenance of equipment and machinery.

Air Ground

Pollution Have adequate places for the works.

Both stages.

Storage, use and disposal of dangerous materials.

Workers Health risk. Instruction for operators and foremen. Protective use equipment. Adaptation of sites. Medical attention. Application of the contingency and safety plan. Control, monitoring.

Construction stage and that leading to the operation stage.



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Affected element

Probable impact

Mitigation measures


Complementary services.

Users, air, water, ground, flora and fauna, workers.

Associated with the operation of the highway.

Execute the Environmental Management Plan, Work Plan, and environmental obligations.

Operation stage.

Human presence. Safety. Ground and water. Air.

Risk of fire. Pollution.

Precautions; equipment. Safe installations. Handling of solid and liquid waste.

Both stages.



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A. COMMUNITY MANAGEMENT PLAN. Proposal for the Community Management Plan

Objectives. General: To make fast and easy communication possible between the local institutions and communities within the project’s area of influence. Specifically:

Providing the town halls with truthful and detailed information regarding the actions to be carried out, previous to their occurrence.

To make possible the observation and commentary of the institutions mentioned and of the people of the communities, with the purpose of addressing the uncertainties and/or needs of the people of the communities involved in the project as well as the institutions participating in the Plan.

Areas of direct and indirect influence

Target population, organizations or sectors involved From the point were the project is initiated, in the immediate area of the City of Santa Ana, up to the junction toward San Antonio de Belén, the direct and indirect influence of the Project encompasses a population principally comprised of business, service and industrial companies, with the exception of the housing development known as Lagos de Lindora, which is the closest one to the highway. For this reason, if can be affirmed that the principal target group of the Management Plan must be the business sector on both sides of the highway as well as the Town Halls of the town areas of Santa Ana and Belén, in which the voice of the respective town areas are represented.



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Location of the target groups. In the segment of the study, which is 2.4 kilometers, the target population of the plan to be developed and which must be considered encompasses the business, production and service companies which exist there, since in all the cases it is necessary to inform on the collective and regional advantages of the project. The Municipal headquarters is in the center of the cities if the town areas which are geographically involved.

Contents of the information to be provided: As the object of the Community Management Plan is to offer information regarding the project, information will be given on the route, works to be carried out, location, advances, changes, advantages and negative aspects which could arise or concerns of the target groups. Some concerns stated during the development of this work were:

Main concerns or conflicts expressed by the target groups.

Very scarce information regarding the project, especially for new tenants of the areas of influence, whose lessees or former owners did not inform them regarding the works would be carried out in the area.

Little coordination between the state organizations such as the Town Hall and the Ministry of Public Works and Transport, since sometimes the municipal workers come across limitations of information regarding variants in the works, whose knowledge is essential in ordering the use of the areas of influence.

In general, according to some interviews, there are some expropriations which are not informed of, which in some manner contribute to bringing about uncertainty for many residents.

Construction was observed in places which, in accordance with the plans, may be within the road perimeters, which can be easily observed by the corresponding technicians.



GEOAMBIENTE S.A.

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There is concern regarding if the buildings currently present, as well as some gardening works or parking areas, are or are not within the area which will be used; not only in the road perimeters but also in the area of operations for the construction.

Aspects to communicate on the part of concessionaries and the State to the Town Halls and involved groups which are represented before these last:

To those directly affected (Sector A):

Regarding expropriation; there are no resettlements in this segment of the project: The characteristics of the expropriation processes, as well as its duties and rights to this respect.

To the Towns and communities represented before these (Sector B):

Safety: The safety levels and the monitoring of the Civil Guard and the Transit Police.

The Project: The number of roads which the artery will have and their characteristics.

Benefits of the project, improvements. Advantages. The duration of the work and the date of initiation of the works.

The exact measurements of the surface corresponding to the road perimeters in each case, specifying the effects and hindrances which could occur in the construction process.

The strategies for access to the businesses and communities during the construction period.

If it will have bridges or pedestrian walkways or interchanges, and their exact location.

Environmental measures: Control of atmospheric pollution by gases and noise.

Provisional routes. Re-vegetation, landscape vegetation improvement. Protection of grounds, water, fauna.



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Suitable ways for channeling the concerns of the target population, organizations or sectors involved

In the sector A studied, it is necessary that the State communicate with all the affected people personally.

Through the Town Halls, the Concessionary Company will communicate with Sector B, among who are those managers of the companies located on both sides of the artery road, as well as the respective development associations. Primarily the companies whose access, grounds or safety may be affected during the construction process should be addressed.

It is necessary to deliver an informative note (the first of a series) in which the project is summarized; this information will be delivered to the Town Halls of Santa Ana and Belén (through the Executive Summary of the Environmental Impact Study) previous to the delivery of the EIS to SETENA.

It is recommended that a written notice be distributed for the purposes of announcing an in-person informative meeting which will increase knowledge and free doubts for the people of Sector B who may be moved toward a center which could be located in the municipal area of Santa Ana, with the presence of members of the populations of Belén, the Ministry of Public Works and Transport and the Concessionary Company.

Mechanisms for the institutional as well as the Concessionary Company’s response to the concerns of the organizations represented in the Town Halls:

It must be the basic task of a professional entrusted with the execution of this Plan to provide free and detailed information.



GEOAMBIENTE S.A.

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Create an office or Communication Center which is adequately equipped, with the purpose of providing a rapid and efficient response to the requests of interested persons. This office may be located in the municipality of Belén during the construction stage and will be located in the Operation Control Centers during the operation stage.17

Establish, as a prioritary mechanism, the free response and rapid clarification on the part of the technical personnel of the Concessionary Company and Ministry of Public Works and Transport regarding the doubts transmitted by the professional entrusted with this.

Facilitate, through one sole window, the processes of transmission of complaints or requests vis-à-vis the Concessionary company and the public organizations, this with the proposal of facilitating a simple customer service route within reach of the general town. Upon its initiation, the window may be located in the involved towns, and later, it will be in the Operation Control Centers in order to deal with suggestions and complaints and to provide information and collaborative efforts.

Have a meeting of the representatives institutions involved as a first mechanism of inter-institutional communication for the channeling of concerns which may arise in the service window described above.

17 Once the ES of the EIS is approved, the Concessionary will bring this proposal before the Town Hall for its approval or agreement; if this is not the case, an alternative headquarters will be searched for in the municipal area of Santa Ana.



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Basic information for the preparation of a timetable of meetings.

Plan of action:


Details Resources

1. Study of the target towns, institutions, organizations or sectors involved.

1. Written notice to all the sectors involved regarding the initiation of the project (preferably by residence area) through municipal collaboration (Informative bulletin or other means).

2. Tracking and communication and reactions.

Communicate with Town Halls and through them, with the Developmental and Business Associations of both sides of the arterial road.


2. Process of validation for the Community Management Plan at the institutional and community level.

1. Meeting and participative workshops for the communication of the Community Management proposal (one in Santa Ana and another in Belén).

2. Compiling of suggestions.



Hold a meeting for the town areas, Development Associations, and workers of the Ministry of Public Works and Transport.


Cont’d..



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5. Enhanced process for inquiry and approval of the Community Management Plan and first reconciling for knowledge of concerns regarding the project vis-à-vis the municipal areas.


Holding a meeting for the municipal areas, Development Associations and workers of the Ministry of Public Works and Transport. Business owners on both sides of the arterial road.


1. Process of discussion and communication of the concerns of the target town, organizations or sectors involved regarding the project.

1. First Meeting –participative workshop for diagnosis of concerns.


3. Permanent process of monitoring of agreements.

Hold a meeting for all the participants in the previous workshop. Hold meetings with other people with concerns.


4. Process of communication of the responses to the concerns of the target town, organizations or sectors involved.

1. Communication of the responses through municipal bulletin or other means.

2. Inter-institutions monitoring of the response to the concerns.

Period inquiries for persons with critical or unresolved concerns.




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Months

1 2 3 4 5 6 7 8 9 10 11 12

1. Written communication to all the sectors involved regarding the

itiation of the prin

oject: Copy of the executive summary of the study.

1. First contact with the target populations, organizations or sectors involved through the municipal areas

2. Monitoring of communication and reactions.

1

communi

C

. First Meeting – participative workshop for

cation of the ommunity

Management proposal.

2. Compiling of suggestions with respect to this.

2. Process of validation for the Community Management Plan at the institutional and communal level


3. Enhanced process for inquiry and approval of the Community Management Plan

1. Second meeting – participative workshop for approval of the Plan.



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2of

. Communication agreements.

and the first reconciling for knowledge of concerns regarding the project.

3. Permanent process of monitoring agreements.

1. Meeting –participative workshop for diagnosis of

rns. conce


4. Process of discussion and communication of the concerns of the target populations, organizations or sectors involved regarding the project.


1. Communication of response.

5. Process of communication of responses to the concerns of the target populations, organizations or sectors involved

2. Inter-institutional monitoring of the response to the concerns.

Previous activity Strategy Execution Information regarding the project to the communities by means of the Town Halls of the corresponding housing areas.

Delivery of the report, executive summary of the environmental impact study to each of the Town Halls.

Previous to the delivery of the study to SETENA.



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K. Resettlement, expropriation plan. Considerations regarding the expropriations

Background There is very little technical information available regarding the preliminary studies carried out by the Ministry of Public Works and Transport, especially regarding the Santa Ana – Belén segment. It is indicated in a document that the Conceding Administration must carry out a total of 285 expropriations within a time limit of twelve months. Of these expropriations, 25 correspond to properties affected by the construction of the Santa Ana – San Antonio Arterial Road and 62 are already planned for expropriation, in plans which were prepared by IMNSA through a contracting carried out through CONAVI. However, of the plans delivered by IMNSA to the Grounds Department of the Ministry of Public Works and Transport, 51 could not even initiate the process because of errors found which made them unsuitable for their processing. It is presumed that up until the moment in which this study was carried out, the Ministry of Public Works and Transport had fulfilled the following stages of the expropriation process:

Steps taken according to the official timetable

Contracting and Preparation of Plans (CONAVI) Approval of the CONAVI Executive Meeting Contract preparation Signing of the Contract Endorsing of the Contract Work Initiation Order Preparation of Expropriation Plans Plans generated / week Accumulated Plans Land registry plans Land registration



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Land inventory Time stamping of Registration ROAD MANAGEMENT Road Management (verification of field) Formalize Administrative Case File Preparation of the Public Service Announcement (“DIP”) Signing of the DIP by the Minister and President of the Republic With regard to the preparation of plans, according to the timetable, there must be an accumulated total of 200 by midway through the month of April. Steps which are lacking, according to the official timetable

Remit DIP to the Office of the Minister, Presidential House Publication of the DIP in the Gazette, Minister’s Office Notify Ground Owners of the DIP Notify the Public Land and Property Registry. Make and remit a valuation to the Land Valuation Dpmt. Notify the ground owner of the valuation OWNER DOES NOT ACCEPT VALUATION Preparation and remittance of Legal Expropriation Agreement to the Minister Signing of Expropriation Agreement by President, Presidential House Publication of the Expropriation Agreement in the Gazette, CNC Payment order to CONAVI, and remit case for Legal Procedure Deposit sum in account of Court, CONAVI Remit Case Files to the Attorney’s Office Assign a Lawyer, PGR Review case and prepare expropriation demand Request taking possession Notify owner of the Court Ruling Set date for legal recognition and notify the parties Produce the legal recognition (and taking possession), Court - CNC Resolve, whether granted or not, taking possession, Court If taking possession is accepted, notify the owner that it has two months to vacate If owner is opposed to the taking possession Resolve opposition of the taking possession, Court Prepare deed of transfer, State Notary Summon the owner for the signing of the deed Sign deed Take possession of the property Register the property in the name of the State



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Results of the observation and the interviews All along the segment studied, from the city of Santa Ana until the junction with San Antonio de Belén, an inquiry was carried out with a sample of owning individuals or managers of businesses located on both sides of the highway. From these interviews, the following results were obtained:

Displacement of residences: According to the informants, there is no record of inhabited houses located in the road perimeters. This indicates for us that there will not be resettlements in this segment. This is, rather, an area saturated with locales of the business and industrial type. There are no persons located under the bridges. In the only bridge which had inhabitants, close to the interchange with the road to Ciudad Colón, these were relocated in a housing project. Different from other industrial areas, in this one there is little presence of town centers, since the workers of the companies come in good measure from localities such as central Santa Ana, San Antonio de Belén, San Rafael de Alajuela and small districts in the area of Pozos.

Expropriations of business company grounds There is generalized knowledge that there was carried out or that there will be carried out expropriations for the purpose of widening the road. It is expressed, however, that there exists a large shortage of information regarding the advancement of the expropriation processes, and non-conformities and the suspicion of inappropriate operations have been declared. Practically all of these are considering carrying out or are carrying out works within the grounds, which are private property.



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All of them report that in the municipality, it has been pointed out to them that the works will be carried out, as well as their dimension and the amount they will affect their property.

Resettlement Plan Definition and Scope This refers to the physical involuntary displacement of persons cause by a project of the Bank. Objective Minimize harmful disturbances in the way of life of the persons who live in the project’s area of influence. Principles 1. Avoid or reduce to a minimum the necessity for involuntary

resettlement. 2. Ensure that the persons affected will be compensated and

rehabilitated in an equitable and adequate manner. For the case studied, which is the segment of the Arterial Road between Santa Ana and Belén, there are no displacements of people or towns which are the product of voluntary or involuntary expropriations, for which reason what the IDB indicates to this respect may be applied:

When the number of persons who must be resettled is small (a determination which depends on the specific frame of reference and the degree of dismantling which this represents for the community), the group affected is not vulnerable and the registration of the affected assets are clear, or when the institutional environment and the market offer reasonable opportunities for the substitution of the assets or deposits, and the intangible factors are not significant, if may be unnecessary to prepare a resettlement plan. In these cases, the relocation may be dealt with by means of



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contractual provisions mutually agreed to before the project advances.

It is necessary, therefore, to initiate or complete the processes of expropriation and compensation of the affected properties of the area, the large majority being of a business or industrial nature, and to establish the contractual provisions necessary in order to avoid social conflicts, based in national legislation and the corresponding regulations.

It must be kept in mind: 1. Corresponding to the State, according to this

regulation and the conditions of the Tender Papers for this project, the processes of expropriation or compensation must be carried out.

2. The role of the Concessionary is to contribute to the process and monitoring of this, in the measure in which the Law permits it.

Table of vulnerable groups affected: Santa Ana – San Antonio Segment.

Classification of vulnerable groups

Degree of affect by the project

No resources, destitute. 0 Squatting owners. 0 Ethnic minority. 0 Persons over 65 years of age.

0

Indigenous people. 0 Physically or mentally disabled.

0

Family group with woman as the head of the family.

0

Common law couples with children.

0

Total number of people or groups vulnerable in the Santa Ana – San Antonio segment

0



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Breakdown of the previous table: In this segment, there are no vulnerable families or persons who must be displaced. The expropriations (25) are for grounds without constructions or with some business or industrial structure.

Existing regulation, both legal and institutional, for the framework and responsibilities of the resettlement:

The regulations indicate that the management of expropriation or compensation correspond to the State. The Administration took the planning and land registry out of the Tender, and a private company is currently carrying out these tasks. The plans are a legal condition for the procedure. (Law of Expropriations).

Criteria for the payment of compensation, purchase or expropriation:

The criteria for the payment is the valuation which experienced persons or civil servants may carry out; generally, it corresponds to the Ministry of the Treasury to carry out the valuation, and the criteria used are: Use, installations, location and existing services.

Previous inquiries made with the persons who will be affected by the project in this segment (Description of inquiries):

Compensations / Expropriations carried out to date:

In this segment, the processing has not been finalized, as there exists priority for other segments which are located in the first stages of the macro-project (General Cañas and Bernardo Soto).

Possible environmental impacts of the resettlement program and mitigation measures proposed.

Environmental impact of the effect of resettlements is not foreseen, due to the fact that there will be none.

Community information: This plan will be included in the information which will be provided to the Town Halls of Santa Ana and Belén for inquiries of the interested community, and will be likewise included in the information which is to be provided in the Community Management Plan.

Costs. The development of the plan, in that which corresponds to the Concessionary, will generate the following costs:



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Table of possible costs for the implementation of the

Resettlement Plan: Action Estimated cost, 1 year

Community information That corresponding to the Community Management Plan.

Monitoring of Process Included in the administration of the project.

Program of later inquiries and monitoring: Monitoring Action Time Period

Compliance with agreements or decisions.

Review of documents.

Upon the end of the corresponding time period.

State of the families or persons resettled.

Visits Six months after the expiration of the time period for compliance.

______________________________. RODOLFO HERNANDEZ R. GEOAMBIENTE S.A.

Documents

ENVIRONMENTAL IMPACT STUDY SAN JOSÉ-SAN RAMÓN …€¦ · BERNARDO SOTO HIGHWAY SEGMENT FILE 124-96. GEOAMBIENTE S.A. I-1 ENVIRONMENTAL IMPACT STUDY SAN JOSE – SAN RAMÓN CORRIDOR