While all Performance Standards are applicable to this investment, IFCs environmental and social due diligence indicates that the investment will have impacts which must be managed in a manner consistent with the following Performance Standards. If IFCs investment proceeds, IFC will periodically review the the project’s ongoing compliance with the Performance Standards

PS 1 – Assessment and Management of Environmental and Social Risks and Impacts
PS 2 - Labor and working conditions
PS 3 - Resource Efficiency and Pollution Prevention
PS 4 – Community Health, Safety and Security
PS 5 – Land Acquisition and Involuntary Resettlement
PS 6 – Biodiversity Conservation and Sustainable Management of Living Natural Resources
If IFC’s investment proceeds, IFC will periodically review the the project’s ongoing compliance with the Performance Standards

This is a category A project according to IFC’s Environmental and Social Review Procedure because it has potential adverse environmental and social risks and/or impacts that are diverse and irreversible.

The environmental and social risks mainly relate to; i) Water: Potential impacts on the surficial water bodies in the vicinity of the project due to groundwater abstraction and contamination related to improper disposal of waste and discharge of untreated process water to these water bodies; ii) Biodiversity: Potential impacts on the aquatic biodiversity of the surficial water bodies in the vicinity of the project and loss of provisioning ecosystem services (fishing) to the local communities due to groundwater abstraction and contamination related to improper disposal of waste and discharge of untreated process water to these water bodies. In addition there are potential impacts (yet to be quantified) associated with the swamp and gallery forests of the Yuku River due to the haul road placement; iii) Resettlement: A limited number of households will be physically and economically displaced. This number may increase if results from further studies indicate that impacts related to dust, noise, traffic and other health and safety aspects require such and; iv) Community Health and Safety: Substantial traffic during both construction and operations has the potential to impact on the health and safety impacts on the local communities. Environmental and Social Management Plans are required for the management of these impacts and are a requirement in the attached Environmental and Social Action Plan (ESAP).

PS7 and PS8 are not applicable to this investment as there are no Indigenous People (as defined in the IFC Performance Standards) and no Cultural Heritage issues, respectively, have been identified from the documents reviewed and the site visit.

IFC's appraisal considered the environmental and social management planning process and documentation for the project and gaps, if any, between these and IFCs requirements. Where necessary, corrective measures, intended to close these gaps within a reasonable period of time, are summarized in the paragraphs that follow and (if applicable) in an agreed Environmental and Social Action Plan (ESAP). Through the implementation of these measures, the project is expected to be designed and operated in accordance with Performance Standards objectives.

LCL has in place a comprehensive environmental management system which is strictly applied at all operations both of which are certified against ISO 14001. The company is also committed to provide a safe work environment to its employees and conducts risk assessments on an ongoing basis to identify all risks that may cause harm in the workplace. LCL management is also committed to following environmentally sustainable practices regarding optimization of resource inputs, including energy efficiency, and the appropriate management of gaseous emissions, particulate matter, noise levels, effluent (sewage) and solid waste. These principles will also be applied at NYA. Thus, to build up the management systems for NYA, the company is relying on expertise at the LCL corporate level in Pakistan, and from consultants. Thus NYA with support from LCL will develop its environmental and social management system (ESMS) in accordance with LCL?s existing corporate policies, systems, and procedures, DRC law, and IFC Performance Standards. This requirement is defined in the project ESAP.

Environmental and Social Assessment and Management System, Policy: NYA currently has a Sustainable Development Policy; a Health and Safety Policy; a Human Resources Policy; and a Human Rights Policy. The Sustainable Development Policy states that NYA is ?committed to responsible management practices that avoid and minimize adverse health, safety, social and environmental impacts, and aim to enhance the benefits associated with its activities, products and services.? The policy also states that the company has in place an Environment, Health, Safety and Community Management System for its activities that drive continual improvement. This draft management system is presented in Section 9.2 of the ESIA and will need to be finalized and implemented during the pre-construction stage; this requirement is stipulated in the ESAP.

Identification of Risks and Impacts: The NYA project was approved by local authorities in 2011, following an Environmental Impact Assessment (EIA) by an accredited local consultant, OEMS. Although this met DRC legislative requirements, it did not meet lender requirements; therefore an ESIA was commissioned and submitted in March 2013 by the Pakistani consulting firm ECTECH. However, gaps in this ESIA were identified through an environmental and social due diligence undertaken by ERM, a recognized international environmental consulting firm, on behalf of the lenders. To address these gaps, NYA appointed SRK to prepare an updated ESIA and updated Environmental and Social Management Plan (ESMP) in line with the requirements of the IFC Performance Standards. The SRK ESIA did not constitute a complete revision of the ECTECH ESIA but rather focused on addressing the gaps identified where possible, and noting remaining gaps requiring further investigations. These are further discussed below though notably the gaps include that related to the geohydrology, hydrology, traffic, in-migration, aquatic biodiversity and the need for a detailed Resettlement Action Plan, amongst others. It is therefore important to note that this ESRS is based on information that was available at the time of review. The studies that are still to be undertaken will inform the final ESIA and associated management and action plans.

The potential exists for cumulative impacts to transport and influx, and air quality due to the proposed NYA project. The new 1.25 metric tpa cement plant PPC is developing some 30 km east of the NYA project site and Cimenterie de Lukala (CILU), an existing cement facility is situated at Lukala, approximately 37 km east of project site on the road to Kinshasa. Whilst a high level assessment of these cumulative impacts has been undertaken during the current ESIA, these will be further addressed during supplemental ESIA work as discussed in subsequent sections of this document.

Management Programs: As part of the ESIA, SRK developed a series of Environmental, Health and Safety (EHS) management plans. These include: A Labor and Human Resources Plan (LHRP); Occupational Health and Safety Plan (OHSP); Community Health and Safety Plan (CHSP); Green House Gas (GHG) Emission Assessment and Management Plan (GHGP); Waste Management Plan (WMP); Emergency Preparedness and Response Plan (EPRP); Stakeholder Engagement Plan (SEP); and a Framework Resettlement Action Plan (FRAP). All of these are currently at a high level that will require further enhancement to make them more definitive and applicable. In particular, this is the case with the CHSP, WMP, and FRAP and the requirement to enhance them further is defined in the ESAP as detailed in the relevant sections below. A number of other plans have not yet been developed, but have been committed to by NYA. Again, these are referenced below where necessary. In addition to this, NYA and its contractors will develop and implement a chance finds procedure for its activities on an ongoing basis.

Organizational Capacity and Competency: NYA?s organizational capacity and competency for Environmental and Social management is currently minimal, though the company has committed to implementing the sustainable development management structure as outlined in the ESIA. This very clearly outlines accountability and responsibilities for EHS issues throughout the project lifecycle and describes EHS roles at Board, senior and middle management level. Currently, the CEO, CFO and Environmental Manager take accountability for EHS requirements. Once funding is approved, the principal position in relation to EHS management will be the Sustainable Development (SD) Manager (likely to be NYA?s current Environment Manager). Reporting to this SD Manager will be a Health and Safety Coordinator with a team of officers; a Community Development Coordinator with additional support staff reporting to him/her and an Environmental Coordinator, supported by a team of environmental officers.

Emergency Preparedness and Response: NYA has developed a high level Emergency Preparedness and Response Plan (EPRP) as per the requirements of DRC?s Mining Code and the requirements of the Performance Standards. This provides an operational framework to be developed prior to construction. The EPRP covers potential sources of risk for all phases of the project, and provides an overview of NYA?s capacity to respond to emergencies, including security emergencies, occupational health and safety emergencies and environmental emergencies. The EPRP also sets out planning steps for developing the more detailed operational plan.

Monitoring and Review: An environmental monitoring plan and a social monitoring plan are provided in Sections 9.12 and 13.7 of the ESIA respectively. These were developed based on compliance with environmental standards as prescribed by the DRC Mining Regulations and the World Bank Group (WBG) EHS Guidelines. Monitoring of the various environmental and social issues such as drinking water quality, surface water quality, treated sewage effluent quality, noise, air quality, etc. is included in the various management plans as described above. NYA will include results of its monitoring activity in the Annual Monitoring Report (AMR) to be submitted to IFC on an annual basis.

Grievance Mechanism: A grievance mechanism is provided in Section 12 of the ESIA, providing a description of both formal and informal channels for addressing grievances. Another is included in the Stakeholder Engagement Plan as developed for the project. Both address important requirements for addressing grievances and NYA will be required to define which will be adopted as their grievance mechanism, revised and developed to be appropriate to the project as per the finalized ESIA, including clear provisions for implementation during both construction and operation. This requirement is specified in the ESAP.

General: NYA is hiring an EPCM contractor to build the cement plant. At the peak of construction activity (around 5 to 6 months of the 27 month construction phase), approximately 600 contracted personnel will be hired. This is in addition to supervisory personnel from NYA and the equipment supplier. Most of the contractor non local labor will be accommodated at the existing exploration camp and, subsequently, once built, at the purpose-built accommodation camp near the cement plant. During operations, the NYA corporate office will consist of around 50 personnel and the cement plant will have around 360 personnel at the site. The use of local labor will be maximized and a Labor and Human Resources Plan (as attached to the ESIA) has been developed in this respect.

Human Resources Policies and Procedures: NYA has hired an experienced HR manager and prepared a draft policy on Human Resources and a draft Labor and Human Resources Plan (LHRP); the company is committed to comply with DRC?s Labor Code, Mining Code and Right to Social Security. The policy and procedures relate to contracted employees during construction as well as operational staff, and cover general conditions of service; recruitment procedures; remuneration and compensation procedures; training and development; dispute settlement procedures and a policy on rights of association and bargaining. All of these fall within the requirements of PS2.

NYA will ensure that all working conditions are covered by either an agreement, either collective or individual. The policy on rights of association and bargaining states that it will preserve its employee?s right of association and collective bargaining, as prescribed by the relevant DRC laws and statutes. These will be covered in employment agreements. In terms of protecting the workforce (child labor and forced labor), NYA has included a Human Rights Policy within the LHRP that commits to ensuring ?fair treatment and work conditions for all employees, including rights to association and collective bargaining and prohibit forced, compulsory or child labor?. NYA will not make use of child labor and/or forced labor in its operations. Whilst NYA?s approach to labor generally compiles with PS2, as stipulated in the ESAP, the company will be required to conduct a third-party labor and OHS audit of the EPCM contractor?s practices 3 - 6 months after the commencement of the EPCM contract to ensure that the EPCM contractor?s labor practices conform to the requirements of IFC?s Performance Standard 2 and the WBG EHS Guidelines. Based on this NYA and the contractor will need to close any identified gaps.

Grievance Mechanism: The LHRP contains a section on the grievance mechanism and dispute resolution and state that these will be determined by the employment arrangements contained in the various employment contracts. It also describes that informal resolutions will be reached in the workplace between manager and employee through discussion and a mutually agreeable solution. However, for more formal resolution of conflicts and disputes, it refers to a section of the LHRP that does not exist. In addition, the grievance mechanism as described in the ESIA relates to external stakeholders and not to internal stakeholders. This is considered as a gap in this PS requirement which will need to be addressed as detailed in the ESAP.

Occupational Health and Safety: NYA has developed a draft Occupational Health and Safety Plan (OHSP), including an organizational structure and an action plan. This is for implementation during both construction and operation and will be included as part of all contractors? contracts. It takes into account all DRC legislative requirements and aims to meet the requirements of PS2. A policy must still be developed, although aspects of this are included within NYA?s broader sustainable development policy, where it states that ?NYA will provide a safe working environment for its employees and contractors. Risk of exposure to occupational health hazards will be covered through implementation of Good International Industry Practice (GIIP).? Additionally, it states that ?fatality prevention will be implemented based on GIIP. Continuous improvement will be implemented through identification of significant risks including from potentially fatal events (PFE).? The action plan includes the development of health and safety directives; corporate policies; standard operating procedures (SOPs) and guidelines; local work instructions; reference documents; training materials and associated documentation including forms, checklists and drawings.

Workers Engaged by Third Parties: According to the LHRP, this will be made binding on NYA and all its contractors and subcontractors working for NYA during the construction and operation phases, as long as they employ 10 or more workers at any given time for project work and their project-related activity is predominantly on project sites. These contractors will be contractually required to develop hiring, recruitment and training plans and procedures to satisfy the requirements of this policy, prior to contract finalization. It also states that NYA will monitor contractor?s performance and compliance with the hiring policy. In relation to occupational health and safety, the OHSP requires that contractors and sub-contractors report to supervisors and developing a site-specific health and safety plan to become part of their contract. They are also required to adhere to the Safety Contractor Manual (development of which is contained in the OHS action plan) and to attend safety meetings.

General: NYA will apply specific resource efficiency, pollution prevention and control measures plus waste management practices that are supported by robust procedures and consistent with good practice. The effectiveness of these practices and procedures will be subject to continuous monitoring and review, in response to changing circumstances as well as internal practices. Some of these measures and management plans are highlighted in the sections below.

Resource Efficiency: Power supply for the project will be obtained from the DRC national energy grid. This will be achieved through the installation, by the public utility company, SNEL, of a new 6.6 km, 220kV power line from the Kwilu substation to the plant site. The electricity will be mainly used in the cement production, namely; cement production plant, cement grinding, clinker production, packing and dispatch, etc. In addition to this, an 800 kVA 400 Volts 50 Hz diesel generator will be installed for emergency power supply in the event of a power failure from the grid. The standby generator will only support essential plant equipment and emergency lighting and will not maintain operation of the plant as a whole (including the kiln).

The proposed clinker production and cement grinding facilities will be built according to the Best Available Technologies defined for the cement industry (as provided by the supplier), which include the adoption of preheating and pre-calcining technology in the clinker production and de-dusting bag filters for gases. The clinker production plant will consume approximately 396 tons/day or 118 800 ton/yr of coal which will be imported from South Africa through the port of Matadi. The coal will be consumed exclusively in the calcining process ? no coal will be used for electricity generation as all electricity required for the plant?s operations will be sourced from the grid. The clinker plant has a predicted thermal energy efficiency performance of 730 Kcal/kg of clinker and an electrical power consumption of 57.0 kWh/ton clinker, which is within industry standards established by the European Union. In addition to coal, provision has been made to use HFO for start-up and in emergency.

The Company estimates that the combined electricity consumption per ton of bagged cement, including clinker production, grinding, blending and bagging will be 90 kWh per ton of cement, which compares favorably to the industry standard of up to 105 kWh/ton cement.

The plant is based on a dry process with water only needed for cooling purposes, dust suppression on roads, and domestic water usage. The estimated water consumption is 1 080 m3 per day. This consumption can be sourced from mine/quarry dewatering, surface runoff and extraction from local rivers. Surface and groundwater investigations are currently ongoing to determine the best method of sourcing the water needs without causing aquifer draw down or too low flow in the local river.

Pollution Prevention: NYA will produce a wide range of waste from its operations. This includes office and household solid waste and non-hazardous industrial waste (paper, packaging material, kitchen waste, building rubble, non-hydrocarbon filters, etc.); salvageable/recyclable material (scrap metal, pipes and scrap wood); hazardous waste (used hydrocarbons, expired chemicals, paints, lead batteries etc.); medical waste; waste water; and top soil and overburden. All waste will be managed according to the company?s waste management plan which will be incorporated in the ESMP. In future, co-processing of certain categories of waste as alternative fuels and materials will be considered and supported via a detailed feasibility study. If feasible, this could significantly reduce the volume of coal required for the production of cement.

Appropriate waste management infrastructure will be installed as part of the Waste Management Plan. This will include a waste management facility (WMF) with separate compartments for different types of wastes, i.e.; an unlined non-hazardous waste landfill and a salvageable material yard. Used oil, lubricants, cotton rugs and small quantities of greases will be used as fuel of calciner/burner. Expired chemicals and chemical containers will be returned to the suppliers and recycled/reused as appropriate. There will also be an incinerator for medical waste; a packaged sewage treatment plant; a wastewater treatment plant; and a top soil and overburden stockpile. The WMF will be designed and constructed in accordance with the relevant national and international guidelines, and will include measures for storm-water management and dust suppression.

A packaged sewage treatment plant will be used for the treatment of sewage from the site camps during the construction phase and all toilet facilities during the operational phase. The sewage treatment plant will be designed and operated to meet the WBG EHS Guideline for discharge of wastewater. Details of the nature and amounts of process/industrial wastewater from the cement plant and quarry have not yet been confirmed, and will be addressed via the additional water studies currently in progress. This will inform the design and operation of the necessary industrial wastewater management infrastructure as specified in the ESAP.

Topsoil and overburden from the quarry will be stored and reused for quarry reclamation as the quarry operation proceeds. The site for topsoil and overburden has not yet been identified. Thus NYA will commission a suitably qualified engineering consultancy firm to identify, design and establish topsoil and overburden storage facility.

To prevent potential contamination from the coal and fuel storage areas, covered coal storage of 40 000 tons capacity with water sprays will be provided, and all fuel will be stored in underground storage tanks, designed in accordance with recognized industry standards. The underground storage tanks will be double skinned and will be equipped with a continuous leak detection system. Approximately 27 000 liters and 3 000 kg of oils and greases respectively (of various types) will be required on an annual basis for operation of the plant. These will be stored in enclosed containers at the plant site, as per the manufacturer?s instructions, and disposed of in accordance with the Waste Management Plan. A hazardous chemicals store to be located within the plant area will be designed in accordance with good industry practice. The quarry operation will require the use of explosives. Explosive usage is strictly regulated by the authorities, and NYA will follow all rules in this respect. The storage for explosives will be established in a remote location to avoid any interference with routine operations.

NYA has a Mine Closure plan which focuses on the end state of the operations for closure. The plan, which will be implemented at the start of production and thereafter updated on a regular basis, was prepared in accordance with the DRC requirements and WBG EHS Guidelines for mining. The closure plan includes details on decommissioning and restoration. According to the closure plan project infrastructure that has no post-closure use (such as the plant equipment) will be removed whilst the quarry and overburden site will be appropriately re-vegetated and secured to prevent inadvertent access by humans and animals. NYA will update its closure plan to include: i) a tentative full quarry utilization plan with tentative final contours, overburden and top soil application and vegetation; ii) an overburden and top soil storage and reapplication plan for the full operational life of the quarry; iii) a five year rolling quarry management and rehabilitation plan including quarry contours, overburden reapplication and top soil needs, and replanting goals; and iv) one year rolling detailed quarry utilization, contouring, overburden and top soil application plans, including re-vegetation details and targets. The updated closure plan should be ready before the production usage of the quarry starts.

There are currently limited sources of environmental pollution in the project site which can contribute in the deterioration of air quality. There is neither an industrial nor commercial or any other activity around the project site other than the new PPC cement plant to be located some 30 km distant and the existing CILU facility. Primary sources of air emissions from the implementation of the project will include particulates from quarrying, raw and finished materials as well as fuel combustion. Water based dust control measures will be implemented within the perimeters of the quarry, on access roads and at the plant, where evacuation and filtration systems are not practical. Watering will be conducted to reduce the dust concentrations to below the WBG EHS Guidelines for Cement and Lime threshold of 50 mg/Nm3 within the quarry area. All plant units will have dust control measures installed (e.g., bag filters at all emission points and electrostatic precipitators for the clinker cooler with guaranteed emissions of 20mg/Nm3 and 30mg/Nm3 respectively). The equipment supplier has guaranteed that these filters will achieve maximum emissions of 20 as well as 30 mg particulate/Nm3 which is consistent with WBG EHS Guidelines.

Apart from particulate emissions, other major point source pollutants in the cement manufacturing process are sulfur dioxide and nitrogen oxides, which are related to the operation of the clinker kiln. Sulfur dioxide emissions will be low, as the alkaline conditions in the clinker kiln will result in the absorption of the majority of the sulfur entering the systems either through the raw materials or the fuel. The sulfur dioxide emissions are not expected to exceed WBG EHS Guidelines value of 400 mg/Nm3. However, a detailed baseline monitoring over a full 12 months is planned to inform baseline air quality and assist in predicting routine and upset impacts that require management. The baseline air quality study will also assess the potential for cumulative impacts on air quality taking into account the new PPC plant; though this is considered unlikely at this stage taking into consideration it is located some 30 km distant. Thereafter, IFC will require NYA to continuously monitor particulate, SOx and NOx emissions at the main stack and develop and implement an ambient air quality monitoring program with a specific focus on communities. NYA will include the results in the Annual Monitoring Report to IFC.

Formation of nitrogen oxides (NOx) is caused by fuel burning at high temperatures in the kiln. To minimize the formation of nitrogen oxides, the kiln will be operated following advanced combustion principles, including the use of low-NOx burners, which by controlling the flame shape are able to ensure a relative low core flame temperature. By applying these techniques, the NOx emissions will be kept below the 600 mg/Nm3, as stipulated in the WBG EHS Guidelines. An alternative way of lowering the NOx emissions is through the application of Selective Non-Catalytic Reduction (SNCR). This technology does, however, require a supply of concentrated ammonia and the transport of concentrated ammonia on the roads of DRC is not considered a safe practice at this time. Should the plant therefore experience difficulties in achieving the 600 mg/Nm3, the first corrective actions will be to explore further burners and staged-combustion optimizations, to be followed by ambient air studies for acceptability of the achieved emissions, and only as a last resort the inclusion of SNCR.

Based on an estimation performed by a Greenhouse Gas Specialist, NYA?s cement plant will produce approximately 950 000 tons of CO2e per year. A number of GHG mitigation initiatives were recommended by the specialist and formalized in a GHG Management Plan. These include energy efficiency improvements, raw material substitution, and use of alternative fuels. NYA will implement the GHG Management Plan as appropriate and quantify and report its greenhouse gas emissions in the AMR to be submitted to IFC on an annual basis.

Primary sources of noise at NYA?s quarry and clinker operations will include excavation, blasting, drilling, road vehicles engine and movement, stockpiling, loading and unloading of rock into dumper trucks. Apart from Yuku village (and possibly Mbamba village) which will be relocated, there are no other communities or community use areas close to the quarry area. All quarry operation activities will be carried out during day-light only. In-plant shielding of noise emissions will be adopted to ensure that noise levels at the boundaries are within the regulatory limits. In addition to this, NYA will adopt good practice methods in the prevention and control of noise. This will include having all equipment for the plant designed to operate with low noise levels, without exceeding the maximum allowable noise level for the surrounding receiving land use.

Infrastructure and Equipment Design and Safety: Potentially negative community health impacts stem from dust and noise due to the movement of heavy equipment, materials and project personnel during construction. During operations, blasting and heavy trucks transporting raw and processed materials will affect the population of rural villages and settlements located within a few kilometres of the cement plant, and along nearby roads which will be important conduits for importing raw materials and exporting finished product i.e., cement. Community safety risks will also result from a marked increase in vehicular traffic during both the construction and operational phases and the concomitant potential for accidents involving both humans and domestic animals. During the impact assessment, specialist noise studies were undertaken and quantified, while dust and safety impacts were assessed though not quantified. In addition, the cumulative impacts of these aspects, both from the perspective of other projects i.e., the PPC plant, were not assessed in any detail. NYA has committed to undertaking further air/dust and safety studies to assess these impacts including the cumulative component. As part of the ESIA, a Community Health and Safety Plan was developed, however this will need to be updated to take account of new findings to which NYA has also committed and are in the process of commissioning a consultant for this purpose. This will be a requirement as contained in the ESAP.

Impacts of increased traffic and associated safety issues were found to be of major significance in the ESIA, reduced to medium with proper mitigation. In the ?recommended further actions? in Section 14.2 of the ESIA, SRK recommends that a specialist traffic and road safety study is undertaken, with the development of a detailed traffic road safety management plan addressing engineering, education and enforcement. NYA have since committed to developing such a plan and are in the process of commissioning SRK for this task. This requirement is contained within the ESAP. Given the significance of this impact and the potential broader social and cumulative impacts associated with it, IFC requires that this is developed as a strategic plan including planning for truck staging areas and associated services. This will include in the design of the plant an internal waiting area sufficiently large to accommodate 200 - 300 trucks per day. As included within the ESAP, this area will be secure and properly provisioned with sanitation, food services, and other small shops so as to minimize if not eliminate the need for waitin truckers to enter nearby villages for such services.

Hazardous Materials Management and Safety: NYA has committed to storing and management of hazardous materials in line with GIIP. In addition, an assessment was undertaken of community exposure to toxic or hazardous substances and recommended measures were provided, including the development and implementation of a Spill Prevention Control and Countermeasures Plan for the site. The initial Community Health and Safety Plan mentions that spillage of hazardous materials from vehicle collisions could impact the community. Measures to address these will need to be detailed in the updated Community Health and Safety Plan, as required in the ESAP.

According to the ESIA, blasting and storage and handling of explosives will be undertaken in accordance with the relevant international guidelines and DRC regulations, as covered under PS3. These must also take into account potential impacts on the surrounding communities.

Ecosystem Services: The communities in the area are reliant on the provisioning and regulating ecosystem services in the project area. Natural resources regularly used by local residents include wood, fish, and wild animals, building materials, medicinal plants, grazing for livestock and potable water. Many of the resources in the area are being depleted due to pressure from unsustainable agricultural practices. Potential impacts on the surficial water bodies (wetlands) due to groundwater abstraction and contamination related to improper disposal of waste and discharge of untreated process water; potential biodiversity impacts on aquatic fauna and flora of the swamp and gallery forests of the Yuku River due to the haul road placement; and potential loss of livelihood for the Yuku villagers plus other villages that will lose access to land and may lose access to the surficial water, are currently unquantified. The significance of ecosystem services during project implementation, operation and decommissioning will be assessed during the planned detailed biodiversity study and livelihood restoration assessment. Based on the findings of biodiversity study and livelihood restoration, ecosystems services related mitigation measures will be incorporated into the ESMP as appropriate.

Community Exposure to Disease: The increased potential for the spread of communicable diseases such as HIV/AIDs and STDs linked to the influx of predominantly male job-seekers and workers was rated as of low significance during both the construction and operation stages. However, experience of projects of this nature indicates that this can be significant issue if not managed properly. According to the ESIA, although NYA has developed a Health and Safety Policy, there is no coverage of HIV/AIDS and other STDs, or malaria. In addition, the initial Community Health and Safety Plan is currently cursory and does not cover this area at all. As per the mitigation measures suggested in the ESIA, NYA must develop a comprehensive HIV/AIDs programme and update the Community Health and Safety Plan in this regard. This requirement is contained within the ESAP.

Emergency Preparedness and Response: NYA has developed a high level Emergency Preparedness and Response Plan (EPRP) in response to the requirements of DRC?s Mining Code and the requirements of the Performance Standards. This provides a framework for the operational framework to be developed prior to construction. This covers potential sources of risk for all phases of the project, and provides an overview of NYA?s capacity to respond to emergencies, including security emergencies, occupational health and safety emergencies and environmental emergencies. The EPRP also sets out detailed planning steps for developing the more detailed operational plan. The EPRP as described under PS1 above includes external steps for setting up lines of communication for external liaison and reporting, including coordination with emergency services, where they exist and appropriate communication with the media and reporting to, and liaison with the media. It is likely in this situation that there will be limited external emergency services available, and therefore NYA?s emergency procedures will need to be robust and self-sufficient.

Security Personnel: DRC law prohibits the arming of private security personnel. NYA will hire its own personnel for the security at the accommodation areas, waste management facility, explosive storage area and cement plant, which will be fenced and access controlled through security booms and gates. They will also subcontract the police force for mine security. The ESIA recommends that the relationship between the police force and community is closely monitored and a code of conduct developed for police. In addition, the ESIA recommends that proper screening of appointed personnel takes place to ensure that they were not implicated in human rights abuses. This will be a requirement in the ESAP, along with a security risk assessment and development of appropriate policies and procedures for managing the project?s use of and relationship with security personnel, whether public or private (including either an in-house or third-party guard force).

The area in which the project is located is considered a modified habitat. The area mainly consists of savannah grasslands with a few scattered trees. It has been modified for many years due to grazing, agriculture, charcoal production, etc. Despite modification, remnant patches of more intact habitat such as swamp and gallery forests along the Yuku River and small patches of wetlands exist. Thus, the project will be conducting a targeted assessment to determine the significance of remaining biodiversity within these areas. Once the assessment has been conducted, the project will incorporate mitigation measures into its ESMP to minimize impact on these areas as described in ESAP.

Consultation and interaction with various stakeholders and stakeholder groups took place during December 2012, as part of the ESIA conducted under the guidance of ECTECH. These were undertaken in the appropriate languages. Responses were collected during the meetings and surveys, and in written responses provided through questionnaires. SRK then undertook a series of focus group and key informant meetings in June 2013 for the ESIA update, during which stakeholders were informed about progress with the project, and were invited to raise further comment about the project. Information sharing and planning meetings were also held with traditional and administrative authorities representing local communities, and focus group meetings were held with groups of women, youth and men. SRK further identified additional villages to include in the ESIA studies, and included these in the consultation process for the ESIA update. In general, comments received indicate a positive perception about the project during both the 2012 and 2013 consultations. A number of requests for assistance were received, including opportunities for collaboration with local non-governmental and governmental organisations. Some concerns were also raised and taken into account in the ESIA.

Public disclosure of the ESIA update was undertaken through the distribution of a Non-Technical Summary (NTS) in French, Lingala and Kikongo. The NTS described the project and provide a summary of the key findings and recommendations of the specialist studies. The NTS together with comment forms were made available for 15 days for comment in a number of locations at the local level.

A Stakeholder Engagement Plan (SEP) has been developed for ongoing engagement across the project lifecycle. This was developed with a view to review and revision by NYA on an annual basis to ensure that the strategy is appropriate. It provides an overview of engagement undertaken to date, and the perceptions and views as raised by stakeholders during this time. It provides a vision for NYA and its relationship to its stakeholders and overall objectives for ongoing engagement. It also identifies and categorises stakeholders and contains a detailed stakeholder analysis, assessing levels of impacts/interest and influence per stakeholder, alongside the level of engagement required. It further recommends the development of a stakeholder database for ongoing use by the project. The approach to different categories of stakeholders is then provided, as well as a process for monitoring and evaluation of the engagement process and outcomes. The SEP must be updated where appropriate and implemented as soon as the project funding is received.

As noted above, information about the proposed NYA cement plant project was shared with stakeholders through verbal presentations in the local language by members of the ECTECH public consultation team in November 2012. SRK held further public meetings with stakeholders in June 2013 as part of the scoping for the expansion of the initial ESIA to meet IFC requirements. The current ESIA will be presented in public meetings during the month of March 2014 and hardcopies will be available in the affected villages and at the company’s project site office in Kinshasa. The additional studies to be carried out in the period up to October 2014 will also be disclosed via public meetings with the affected stakeholders and with hardcopies available locally.

The ESRS and the attached ESAP will be made available via the World Bank Group’s InfoShop. NYA will be required to inform the public that results from IFC’s environmental and social review and ESAP are available for access on its corporate website or provide a web-link to IFC’s disclosed ESRS and ESAP. In addition the documentation will be available at the office in Kinshasa. The current Nyumba Ya Akiba Cement Plant Updated ESIA (including Management Plans and the associated Framework Resettlement Action Plan), produced by SRK are being disclosed with this ESRS. The updated ESIA/ESMP and the addendum report to the ESIA to be produced by SRK at the end of December 2014 will also be made available at that time via the World Bank Group’s InfoShop.

For inquiries and comments about the project contact:
Christian NGOY NDOMBE
EHSS Manager
+243816139388
mailto:cngoy@nya-cement.com
Nyumba Ya Akiba sarl
Immeuble Forescom 7ème Niveau, av.du Port N°4
Kinshasa GOMBE/RDC

IFC has determined that there is overall broad community support (BCS) for the project. IFC’s determination of BCS took into account : i) the level of community engagement conducted to date commensurate with the impacts related to the development and operation of the project ; and ii) the review of project documentation and outcome of interviews conducted with key stakeholders within the area of influence. As part of its regular supervision of the project, IFC will verify that the Company conducts an ongoing process of Informed Consultation and Participation (ICP) as per PS1 through the construction and operational phase of the project.

Nyumba Ya Akiba (34623) Supervision Disclosure Snapshot – Version 3
Description	Anticipated Completion Date	Status	Comments	Completion Date
Finalize the Environmental and Social Management System (ESMS) to align with the requirements of national legislation, ISO 14001, OHSAS 18001 and Performance Standard 1 and ensure that all required aspects of the system are ready for implementation pre-construction. Environmental and Social Management Plans to currently being developed by SRK and to be implemented as part of the (ESMS) include: (i) Labor and Human Resources (LHR) Plan; (ii) Occupational Health and Safety (OHS) Plan; (iii) Greenhouse Gas Emission (GHG) Plan; (iv) Waste Management (WM) Plan; (v) Emergency Preparedness and Response Plan (EPRP); (vi) Stakeholder Engagement Plan (SEP); (vii) Resettlement Action Plan (RAP); (viii) Traffic Management Plan (TMP); (viiii) Chance-Find Procedure; (x) Grievance Mechanism (GM); and, (xi) Construction Management Plan. NYA will ensure that all key plans such as LHR, OHS, WM, EPRP, GM, SEP and TFM are included in all final contracts. NYA will submit to IFC written confirmation, with copy of relevant section from tender documentation particularly for the construction contractor, for review and approval prior to construction.	15-Jul-2014	Completed	Completed	7/16/2014
Conduct a third-party labor and OHS audit of the EPC contractor’s practices 3-6 months after the commencement of the EPC contract to ensure that the EPC contractor’s labor practices conform with IFC’s Performance Standard 2 and the WBG EHS Guidelines and identify any gaps that NYA would need to address.	31-Mar-2015	Completed	Completed	10/19/2018
Develop and implement a detailed grievance mechanism compliant with Performance Standard 2 as part of the human resources procedures to be applied to all workers.	15-Jul-2014	Completed	Completed	7/16/2014
Commission a suitably qualified engineering consultancy firm to identify, design and construct a waste management facility (WMF) for the different waste streams to be produced during the implementation, operation and decommissioning of the project. The WMF will be designed according to internationally recognized standards with provision for storm-water management and dust suppression, and ongoing monitoring of the water quality.	30-Dec-2014	Completed	Completed	10/19/2018
Commission a suitably qualified engineering consultancy firm to design a site wide water management system based on the findings of additional water studies currently in progress. The water management system will incorporate: (i) A wastewater treatment facility to accommodate the volume and quality of all process/industrial wastewater generated by the plant and quarry area. The wastewater treatment facility should be designed and operated to comply with the WBG EHS Guidelines for discharge of wastewater. (ii) Quarry pit water controls if needed, treated for contaminants, especially ammonia caused by explosives usage, before any discharge to water courses or application to areas which could cause ground water contamination. (iii) A sewage treatment plant to accommodate the volume and quality of all sewage generated from the plant areas. The package sewage treatment plant should be designed and operated to comply with the requirements of the WBG EHS Guidelines for discharge of wastewater. (iv) Storm-water management system which will allow clean storm-water to be separated from potentially contaminated wastewater streams which are to be contained and treated prior to any discharge.	31-Dec-2015	Postponed	Changed project circumstances mandated a delay of this task
Commission a suitably qualified engineering consultancy firm to identify, design and establish a topsoil and overburden storage facility.	31-Mar-2015	Completed	Completed	10/19/2018
Update the quarry closure plan to include: (i) a full quarry utilization plan with tentative contours, overburden and top soil application and vegetation. (ii) an overburden and top soil storage and reapplication plan for the full operational life of the quarry. (iii) a five year rolling quarry management and rehabilitation plan including quarry contours, overburden reapplication and top soil needs, and replanting goals. (iv) one year rolling detailed quarry utilization, contouring, overburden and top soil application plans, including re-vegetation details and targets. The updated closure plan should be ready before the production usage of the quarry starts.	31-Dec-2014	Postponed	Changed project circumstances mandated a delay of this task
Establish continuous emission monitoring for NOx, SOx, and dust at the main stack and develop and implement an ambient air quality monitoring program with a specific focus on communities.	30-Sep-2015	Completed	Completed	10/19/2018
Update the Community Health and Safety Plan, taking into account the findings of the traffic, air, water, hazardous materials in transport, biodiversity and cumulative impact studies which are currently underway	31-Dec-2014	Postponed	Changed project circumstances mandated a delay of this task
Develop a detailed Traffic Management Plan based on the findings of the latest studies. This must also take cumulative traffic impacts into account. In addition to this, NYA will include in the design of the plant an internal waiting area sufficiently large to accommodate 200 - 300 trucks per day. This waiting area will be secure and properly provisioned with sanitation, food services, and other small shops so as to minimize if not eliminate the need for waiting truckers to enter nearby villages for such services.	30-Nov-2014	Postponed	Changed project circumstances mandated a delay of this task
Evaluate the significance of ecosystem services during project implementation, operation and decommissioning, as part of the planned detailed biodiversity study and livelihood restoration assessment. This will be based on an integrated assessment, taking the findings of the hydrological and hydrogeological studies into account. Based on the findings, ecosystems services related mitigation measures will be incorporated into the ESMP as appropriate.	30-Nov-2014	Postponed	Changed project circumstances mandated a delay of this task
Develop a comprehensive HIV/AIDs and communicable diseases plan, for implementation in time for the construction phase	30-Jun-2014	Completed	Completed	6/30/2014
Undertake a security risk assessment and development of appropriate policies and procedures for managing the project’s use of and relationship with security personnel, whether public or private (including either an in-house or third-party guard force), in light of IFC Performance Standard 4. Undertake proper screening of security personnel to be appointed to ensure that they were not implicated in human rights abuses.	31-Jul-2014	Completed	Completed	8/4/2014
Develop a detailed Resettlement Action Plan (RAP) based on the final project footprint and involving those directly affected by physical and economic resettlement. This will be based on the principles as set out in the Framework Resettlement Action Plan (FRAP) and be done in close consultation with all relevant stakeholders and through engagement structures developed for this purpose (e.g. a Compensation Negotiations Committee and/or Resettlement Advisory Committee). This will include a detailed asset inventory and socio-economic survey; a detailed entitlement matrix; further investigation of the acceptability and appropriateness of the host site; compensation at Full Replacement Value; a Livelihood Restoration Plan (LRP); development of an adequate budget for RAP and LRP implementation; details of how cash compensation (if any) will be paid out and assistance provided.	31-Dec-2014	Completed	Completed	10/19/2018
Commission a yearly monitoring report by an independent expert on RAP implementation and ongoing livelihood restoration. Carry out an independent audit on the completion of the livelihood restoration program for any families directly affected by economic displacement (three years after such displacement occurs).	31-Mar-2015	Completed	Completed	10/19/2018
Conduct a targeted assessment to determine the significance of remaining biodiversity of the swamp and gallery forests along the Yuku River and small patches of wetlands in the area and incorporate mitigation measures into the ESMP.	30-Nov-2014	Completed	Completed	10/19/2018