Documents & Reports - All Documents | The World Bank
Ministry of Regional Development and Infrastructure of Georgia
Roads Department of Georgia
KAKHETI REGIONAL ROAD IMPROVEMENT PROJECT
“UPGRADING OF VAZIANI – GOMBORI – TELAVI ROAD”
ENVIRONMENTAL IMPACT ASSESSMENT
Volume II. ANNEXES
September 2009
CONTENTS
|Annex 1. Environmental and Resettlement Related Legislation of Georgia and WB Regulations |3 |
|Annex 2. Baseline Environmental Conditions |39 |
|Annex 3. Social Baseline Information |88 |
|Annex 4. Analysis of Alternative Routes |106 |
|Annex 5. Air Quality: Baseline, Project Impacts and Mitigation |144 |
|Annex 6. Noise Factor: Baseline, Project Impacts and Mitigation |149 |
|Annex 7. List of References |154 |
|Annex 8. List of Contributors to EIA |158 |
ABBREVIATIONS
|BP |Bank Procedures |
|CAS |Center of Archaeological Search of the Ministry of Culture and Sports |
|EBRD |European Bank for Reconstruction and Development |
|EIA |Environmental Impact Assessment |
|EMP |Environmental Management Plan |
|EMS |Environmental Management System |
|GIS |Geographical Information Systems |
|GP |Good Practices |
|GPS |Global Positioning System |
|HSE |Health, Safety and Environment |
|IFI |International Financial Institution |
|MAC |Maximum Admissible Concentrations |
|MCC |Millennium Challenge Corporation |
|MDF |Municipal Development Fund of Georgia |
|MoA |Ministry of Agriculture |
|MoE |Ministry of Environmental Protection and Natural Resources |
|MLHSP |Ministry of Labor, Health and Social Protection |
|MoI |Ministry of Interior |
|MoCMPS |Ministry of Culture, Monument Protection and Sports |
|MUFSRA |Management Unit for Food Safety and Risk Analyze of the Ministry of the Agriculture |
|OP |Operational Policy |
|PIU |Project Implementation Unit |
|PPE |Personal protective equipment |
|RDMRDI |Road Department of the Ministry of Regional Development and Infrastructure |
|RoW |Right of Way |
|WB |World Bank |
ANNEX 1.
ANNEX 1.
Environmental and Resettlement Related Legislation of georgia and Wb regulations
Introduction
This Annex presents the review and analysis of the environmental and resettlement legislation of Georgia and the procedures for ensuring full consideration of WB environmental safeguards and the WB environmental assessment and resettlement guidelines in the implementation of projects financed under the WB loans. It describes existing in Georgia environmental regulations relevant to the project, provides guidance on the measures required for ensuring consistency with environmental assessment and makes reference to institutions at the local and national levels responsible for issuing permits, licenses, and enforcing compliance of environmental standards.
1. Environmental REgulations
1.1. Legislation and administrative structure in georgia
1. Administrative Structure
Ministry of Environment Protection and Natural Resources (MoE). MoE has the overall responsibility for protection of environment in Georgia. The Service of Licenses and Permits of MoE is responsible for reviewing EIAs and for issuance of the Environmental Permits. The MoE Inspectorate is responsible for compliance monitoring, including monitoring of construction activities and auditing of all kind of entities. Regional services of MoE are involved during agreement on Terms of Reference on architectural design of a project and in commissioning of completed facilities. Ministry of Environmental Protection and Natural Resources of Georgia (MoE) is the main state body pursuing state policy in the sphere of environment. Their functions for regulating economic or development activities with regard to environmental protection include:
• Issuing permits for project development (Environmental Impact Permit)
• Setting emission limits and issuing surface water intake and discharge consents
• Inspection of operating plants
• Responding to incidents and complaint
• MoE is responsible for monitoring air pollution and noise levels (especially near residential areas)
• Regional services of MoE will agree upon the sites for disposal of the spoil and construction wastes.
The Ministry defines and evaluates real and possible risk of impact on natural environment during implementation of different types of activities. Accordingly the Ministry has been assigned as responsible body for making decision on granting permission to the proponent on implementation of projects, which require Environmental Impact Assessment (EIA). Granting procedures slightly differ for different type of projects.
For the projects, which do not require Construction Permit, the Environmental permit is being issued by the MoE on the ground of State Ecological Examination. State Ecological Examination is carried out by MoE upon official submission of Environmental Impact Assessment (EIA) prepared by project developers.
For projects requiring Construction Permit, no special permit is issued by MoE (according to “One window principle”, only one permit shall be issued for each activity). The Construction Permit is issued by the Ministry of Economic Development of Georgia, but the issuance of the Permit is subject to the consent of the MoE in a form of Conclusion of Ecological Expertise, as well as the Ministry of Culture (Center of Archaeological Studies, Department of Monuments protection). Consent of the MoE in such cases should be issued according to the same procedures (EIA, public consultations; SEE etc.) as for issuing Environmental Permit. The Ministry of Economic Development as an administrative body issuing a permit ensures the involvement of the MoE as a different administrative body in the administrative proceedings initiated for the purpose of permit issuance, in accordance with Georgia’s Law on Licenses and Permits.
Project screening (definition of the project category and necessity for preparation of EIA) and scoping (definition of set of environmental issues and Terms of Reference) is carried out by the project implementing agency and its consultants (in this case Municipal Development Fund (MDF) and its consultants). Scoping and screening do not represent mandatory procedures according to Georgian legislature although review of scoping/screening outcomes and agreement of the Ministry of Environment Protection and Natural Resources is considered a desired practice.
As a rule, EIA permitting conditions contains requirement for informing MEPNR regarding fulfillment of the EIA permit conditions. This basically means giving information regarding implementation of Environmental Management and Monitoring Plans.
The Ministry of Economic Development (MoED). MoED is responsible for carrying out the review of technical documentation (including conclusion of an independent experts) and issuing Permits on Construction for projects classified as the projects of Special Importance, as well as for supervision over constructing activities and for arranging Acceptance Commission after completion of construction.
State supervision of construction and compliance monitoring is provided by the Main Architecture and Construction Inspection (MACI), which is operating under the Ministry of Economic Development of Georgia
The Roads Department of the Ministry of Regional Development and Infrastructure of Georgia (RDMRDI). RDMRDI is responsible for elaboration of policy and strategic plans related to developing motor roads, management of road and traffic related issues and construction, rehabilitation, reconstruction and maintenance of the roads of public use of international and national significance, utilizing funds from the state budget, lawns, grants and other financial sources.
RDMRDI Responsibilities and Capacity Analysis
Within the frames of the programs and projects, where the RDMRDI is appointed by the Government as implementing agency, the RDMRDI is responsible for the procurement of design and EIA studies, as well as works on construction and rehabilitation of roads of international and national significance, and is responsible for ensuring compliance with the Georgian legislation and environmental and social requirements of the relevant donor organizations. Control of implementation of the EMP is direct responsibility of the RDMRDI.
The RDMRDI should have adequate capacity to ensure due consideration of environmental and social concerns at the stages of strategic planning, project development, design and environmental studies and construction or reconstruction activities.
The RDMRDI is supposed to review the EIAs and EMPs related to the RDMRDI projects and perform monitoring of compliance of the contractor’s performance with the approved EMPs, EIAs, environmental standards and other environmental commitments of the contractor.
Internal resource of the RDMRDI is estimated to be sufficient for execution of project administration and overall environmental management. For the environmental monitoring of concrete projects, including the Vaziani – Gombori Motor Road project, RDMRDI shall procure technical and environmental supervision services.
Constructing Contractor
Constructing Contractor should provide Constructing Contractor’s Environmental Management Plan developed on the basis of the present EIA. The necessity to develop Contractor/s management plan should be fixed in the Construction Contract. The Constructing Contractor has following obligations:
• to employ Environmental consultants (persons or company) responsible for developing and implementation of construction phase EMP and for provision of corresponding information to the MDF
• to develop, if required, Spoil and Rock Disposal Plan and Construction Waste Disposal Plan agreed with the MoE and its regional services.
• Reforestation and/or Biorestoration Plan or Compensation Plan agreed with the MoE (Forestry department; Biodiversity department) to be developed after final determination of the road alignment and pre-entry survey in the RoW
• Schedule
• The EMP implementation costs should be included into the construction budget.
The Contract should also indicate that the Spoil and Rock Disposal Plan, as well as Reforestation Plan, should be agreed with the Regional Services of the MoE, while the rest chapters of the Constructing Contractor’s Environmental Management Plan should be reviewed and accepted by the MDF.
Other Responsible Governmental Institutions:
The Ministry of Culture and Sports. The ministry is responsible on supervision of the construction activities in order to protect archaeological heritage. In case if construction is to be carried out in a historic sites or zones of cultural heritage, consent of the Ministry of Culture, Monument Protection and Sport is also required for issuing construction permit.
Management Unit for Food Safety and Risk Analyze of the Ministry of the Agriculture (MUFSRA). MUFSRA is responsible for implementation of complex sanitary protection measures in case of identification of burial sites during earthworks. Information about suspicious burial sites should be delivered to the “MUFSRA” of the Ministry of the Agriculture by the Constructing Contactor (field environmental officer) and RDMRDI field officer.
[Note: Governmental institutions responsible for technical supervision and compliance with the design documentation and construction standards are described in Design Documentation and are not subject for EIA or EMPs]
1.1.2 Framework Legislation
The basic legal document is “The Constitution of Georgia”, which was adopted in 1995. While the Constitution of Georgia does not directly address environmental matters, it does lay down the legal framework that guarantees environmental protection and public access to information with regard to environmental conditions.
Article 37, Part 3 states that “any person has the right to live in a healthy environment, use the natural and cultural environment. Any person is obliged to take care of the natural and cultural environment.” Article 37, Part 5 states that “an individual has the right to obtain full, unbiased and timely information regarding his working and living environment.”
Article 41, Part 1 states that “a citizen of Georgia is entitled to access information on such citizen as well as official documents available in State Institutions provided it does not contain confidential information of state, professional or commercial importance, in accordance with the applicable legal rules.
Legislative execution of constitutional requirements in the sphere of environmental protection is implemented through framework Georgian “Law on Environmental Protection” (1996, as amended) and the set of specific laws developed on its basis. The framework law regulates the legal relationship between the bodies of the state authority and the physical persons or legal entities (without distinction-legal form) in the scope of environmental protection and in the use of nature on all Georgia’s territory including its territorial waters, airspace, continental shelf and special economic zone. The law deals with education and scientific research in the scope of environment, environmental management aspects, economic levers, licensing, standards, EIA and related issues. Considers different aspects on protection of ecosystems, protected areas, issues of global and regional management, protection of ozone layer, biodiversity, protection of Black Sea and international cooperation aspects. In particular, the law addresses broad spectrum of issues, like environmental management, environmental education and awareness building, licenses and permits, fines and enforcement, environmental impact assessment, which should be further regulated by specific laws. According to the requirements set forth in the framework law, numerous laws and normative–legal documents were adopted to regulate specific environmental issues in Georgia. Further below the environmental regulations most relevant to the project – and first of all, to the permitting process - are described.
1.1.3 Legislation Related to Environmental Permitting
At present, the environmental permitting procedure in Georgia is set out in three laws:
The project proponent, in implementing projects, will comply with (i) The Law on Licenses and Permits (2005); (ii) The Law on Environmental Impact Permits (EIP), and (iii) The Law on Ecological Examination (EE) 2008.
The Law on Licenses and Permits was adopted by Parliament of Georgia, on June 24, 2005. The new Law regulates legally organized activities posing certain threats to human life and health, and addresses specific state or public interests, including usage of state resources. It also regulates activities requiring licenses or permits, determines types of licenses and permits, and defines the procedures for issuing, revising and canceling of licenses and permits (Article 1, Paragraph 1).
The Laws on Environmental Impact Permit and on Ecological Examination have been published on 14.12.2007 and entered in force on 01.01.2008. These new laws integrate all the amendments introduced in legislation of Georgia during recent years.
The Law of Georgia on Environmental Impact Permit determines the complete list of the activities and projects subject to the ecological examination (clause 4 p.1) and the legal basis for public participation in the process of environmental assessment, ecological examination and decision making on issuance of an environmental impact permit.
Under the “activities” subject to the ecological examination the law considers construction of new or upgrading of existing facilities imposing change of technology and operational conditions for the projects and activities included into the list. The routine maintenance works in relation with the same facilities do not require ecological examination and permit.
In case if the activity included into the list given in clause 4 p.1 at the same time requires Construction Permit, the administrative body responsible for issuance of the Construction Permit ensures involvement of MoE, as a separate administrative body, in the administrative procedures initiated for the purpose of issuing Construction Permit, as it is envisaged by the Law on Licenses and Permits. In such cases the MoE is issuing the Conclusion on the Ecological Examination of the project based on the documentation provided to MoE by the administrative body issuing the Permit. The Conclusion on the Ecological Examination is adopted by the administrative (executive) legal act of the MoE and compliance with the conditions of the Conclusion is obligatory for the project proponent. The conditions of the Conclusion on Ecological Examination is a part of conditions of the Construction Permit.
In case if the activity included into the list given in clause 4 p.1 does not require Construction Permit, based on the Conclusion on the Ecological Examination the MoE will issue the Environmental Impact Permit, supported by the administrative (executive) legal act issued by the minister. The ecological examination is carried out in accordance with the law of Georgia on Ecological Examination and the conditions set forth by the Conclusion present the Conditions of the Permit.
The aforementioned laws do not provide details of screening procedure and do not define responsibilities of parties. According to the practice, the screening of project proposals and the preliminary assessment of their environmental impact and proposed mitigation measures (scoping) are being carried out by the project proponent in consultation with the MOE.
Public Consultation Procedures.
The 6th clause of the law of Georgia on the Environmental Impact Permit provides detailed requirements and procedures for conducting public consultations and established timeframes for information disclosure and discussion, namely:
According to article 6, developer is obliged to carry out public discussion of the EIA before its submission to an administrative body responsible for issuing a permit (in case of activity requiring construction permit before initiating stage 2 procedure for construction permit issuance).
Official Submission of EIA to MoE
Article 8 of the Law specifies the documents to submit to receive a permit:
1) An operator, in order to receive a permit, shall submit a written statement to the Ministry. A statement to receive a permit is submitted, considered and processed under the rule established by the ‘Law of Georgia on Licenses and Permits’.
2) An operator is obliged, in addition to the information specified by the ‘Law of Georgia on Licenses and Permits’, to submit the following documents:
a) An EIA report drawn up under the standards specified by the legislation of Georgia (in 5 hard copies and 1 soft copy)
b) A situation plan of the planned activity (with the indication of distances)
c) Volume and types of the expected emissions (a technical report of inventory of the stationery sources of pollution and emitted/discharged harmful substances and project of maximum permissible concentrations of emitted/discharged harmful substances (in 4 copies))
d) A brief description of the activity (as a non-technical summary)
e) A statement about the confidential part of the submitted statement.
3) An operator is obliged to submit a full diagram of the technological cycle to the permit issuing body even if the given activity contains a commercial and/or state secret. This part of the statement, according to sub-clause ‘e’ of clause 2 of the given Article should be submitted separately by the operator.
Issuance of the Permit on Environmental Impact
The article 9 of the law describes the procedures of issuing the Environmental Impact Permit. The same issue is addressed in the laws of Georgia on “Licenses and Permits” (2005) and “on Ecological Examination’ (2008).
1. According to the law on “Licenses and Permits,” the MoE takes decision on issuing Permit within the 20 days after submission of request on permit by the project proponent.
2. MoE, in accordance with the law on Ecological Examination, ensures expertise of the submitted documentation and issuance of Conclusion on Ecological Examination.
The Permit (Environmental Permit, or Construction Permit when the latest is required) is issued only in case of the positive conclusion of the Ecological Examination.
1.1.4 Other Environmental Laws
The Law on the environmental Protection Service (Agency). In accordance with the ‘Law on the environmental Protection Service of 2008, an environmental protection control system has been established to ensure the following: (a) state control in the field of environmental protection and ecological systems safety, (2) observance of the proper laws by the subjects of regulation, (3) population’s trust in the mentioned system and in state organs, generally in respect of performance of state obligations and transparency in the field of environmental protection. Under the same Law, there has been an environmental protection agency established (on the base of a former environmental protection inspection) and the functions of its employees specified. In particular, they are authorized to accomplish an environmental inspection of the objects of regulation (physical and legal entities, state authority and local self-governing bodies) and monitoring of their activities. Besides, the prerogative of the environmental protection agency is to calculate the damage to the environment to compensate it to the state, put forward the requirement to the objects of regulation to compensate the damage, and in case of non-meeting such a requirement, file a proper appeal before the court.
For the road project, a subject of inspection and monitoring may be the process of building (legal use of resources; environmental pollution, noise and vibration, etc.) and exploitation-related activity (waste management, emissions; safety etc.).
Waste Management. The following acts of the Ministry of Labour, Health and Social Protection of Georgia define the waste management rules to be met during the road rehabilitation projects:
The act on “Approval of the rules of collection, storage and neutralization of the wastes of preventive treatment establishments” 16 August of 2001, 300 (“Georgian Legislative Messenger” N90 24/08/2001);
The act on “Approval of arrangement of polygon/grounds for disposal of solid household wastes and adoption of sanitary rules and norms” 24 February, #36 (Georgian Legislative Messenger #17, 07.03.03);
The “Georgian Law on Ambient Air Protection” was put into effect from 1 January 2000.
The scope of the “Georgian law on Ambient Air Protection” is to protect ambient air on the whole territory of Georgia from harmful human impact. This law does not govern the field of air protection in work places. Main competences of governmental authorities in the field of ambient air protection (a) Development of environmental monitoring (observation) system; (b) Development and implementation of common policies and strategies; and (c) Development of integrated ambient air pollution control.
Types of harmful human impact include:
• introduction of pollutants into the ambient air;
• radioactive impact on ambient air;
• ambient air pollution with micro-organisms and microbial toxins;
• physical impact of noise, vibration, electromagnetic field etc on ambient air.
Types of ambient air pollution are specified:
• emission of pollutants into the ambient air from stationary pollution source;
• emission of pollutants into the ambient air from mobile sources of pollution;
• emission of pollutants into the ambient air from non-point sources of pollution;
• emission of pollutants into the ambient air from small-scale sources of pollution.
According to the Article 291, the inventory on emissions of air pollutants from stationary pollution sources is obligatory for physical and legal entities. The special inventory report is to be prepared for 5 years for each source of the atmospheric air pollution and each type of a harmful substance.
At preparing the EIA project, a full inventory on emissions (in case of existence) is to be carried out and maximum permissible concentrations or temporarily agreed permissible concentrations of the emitted harmful substances for stationary pollution sites are to be set. Maximum permissible concentration is an amount of permitted emissions of air pollutants from stationary pollution sources. Temporarily agreed permission concentrations can be approved for five years (maximum) without prolongation. The Maximum permissible concentration of the emitted harmful substances for stationary pollution sites is approved for 5 years for each source of the atmospheric air pollution and each type of a harmful substance.
Registration of emissions from stationary pollution sources comprises:
• self-monitoring of emissions;
• state emission registration system.
Self-monitoring of emission of pollutants from stationary pollution sources means that economical actor (operator) shall conduct adequate self-monitoring of pollutant emissions from stationary pollution sources. It includes:
• emission measurements (assessment)
• registration of emissions
• reporting of emissions
State emission registration system is a system of compilation, processing and analysis of emission reporting documentation. The Ministry of Environment Protection and Natural Resources of Georgia conducts state registration of emissions.
The Law on Minerals of 1996 provides provisions for the mineral resource exploration and management and establishes the requirement to obtain a license according to the procedures established under this law. The Law on Licensing and Permits (June 25, 2005) establishes the most recent regulations for licensing. According to the current legislation all quarries and borrow pits require to obtain a license.
The Wildlife Law of 1996 mandates the MoE to regulate wildlife use and protection on the whole territory of the country. The law empowers the MoE to issue hunting permits and licenses, declare hunting areas, control poaching, etc. Potential poaching by the workers should be controlled also during construction works, especially in sensitive ecological areas.
Forestry Code of Georgia (1999, including effective amendments)
The Forestry Code of Georgia regulates the legal relations connected to looking after, protection, restoration and application of the forest fund and its resources. The aims of the Forestry Code of Georgia are as follows:
Looking after, protection and rehabilitation of forests aiming at conserving and improving their climatic, water-regulating, protective, cultural, health, medicinal and other mineral wealth, conservation and protection of original natural and cultural environment and its individual components, including the vegetation cover and fauna, bio-diversity, landscape, cultural and natural monuments in the forests, rare and endangered plant species and others and regulation of their interaction in the benefit of the future generation.
Article 38 of the Forestry Code establishes the modes of protection of the state forest fund:
1) Aiming at protecting the present state of the state economic forest fund and its biodiversity, originality of intact forests and relict, endemic and other valuable plant species, the general or special mode of protection of the state economic forest fund has been introduced by considering the priority functionality, historical, cultural and other values of the forest
2) The mode of protection of the protected territories of Georgia is defined under the Georgian Law ‘On the system of protected territories’.
Article 41 defines the modes of protection to be used for different categories of the state economic forest funds:
1) The mode of special protection applies to the resort and green zones of the state economic forest fund, as well as flood-plain forests and forest sub-alpine zone.
2) The mode of general protection applies to the soil conservation and water-regulation forests under the rule provided by Article 42 of the present Code.
Article 39 specifies the special limitations to certain types of activity defined by the special mode of protection:
(1) The following activities are prohibited in the state economic forests and lands where a special mode of protection is applied:
a) Cutting of a principal use;
b) Activities of the first and second categories as defined by the Law of Georgia ‘On environmental permits’, except the programs for rehabilitation of the protected areas and founding the hunting firms (02.03.2001 749).
Law of Georgia ‘On the system of the protected areas’ (1996)
The Law defines the categories of ‘protected areas’ and specifies the frames of activities admissible in the given areas. The permitted actions are defined by considering the designation of the areas and in accordance with the management plans and provisions of the international conventions and agreements to which Georgia is a party. As a general requirement, the following activities are prohibited in the protected areas:
a) Disturbance or any other changes of the natural ecosystems
b) Demolition (destroy), arrest, disturbance, damage (invalidation) of any natural resource with the purpose of its exploitation or any other purpose
c) Damage of the natural ecosystems or species by reason of the environmental pollution
d) Bringing and breeding foreign or exotic species of living organisms
e) Bringing explosives or toxic materials to the area.
According to the above-mentioned Management Plan, all kinds of economic and entrepreneurship activities are admissible in the support zone provided they do not hamper the functioning of the protected areas.
Law of Georgia ‘On the Red List and Red Book’ (2003)
The Law regulates the legal relations in the field of developing the Red List and Red Book, protecting and using the endangered species, except the legal issues of the international trade with endangered wild animals and wild plants, which within the limits of the jurisdiction of Georgia are regulated by virtue of the Convention ‘On the international trade with the endangered species of wild fauna and flora’ concluded on March 3 of 1973 in the city of Washington.
According to Article 10 of the Law,
any activity, including hunting, fishing, extraction, cutting down and hay-mowing, except particular cases envisaged by the present Law, Law of Georgia ‘On animal life’ and legislation of Georgia, which may result in the reduction in number of the endangered species, deterioration of the breeding area or living conditions, is prohibited.
Possible harmful effect of anthropogenization on the endangered species should be taken into account when issuing the permit on environmental impact during the ecological expertise.
The Red List of Georgia was approved by the Presidential Decree No. 303 ‘On approving the Red List of Georgia’ (May 2, 2006)
In case when the road rehabilitation project is to be accomplished within the resort zone accordingly, the Law of Georgia ‘On Tourism and resort’ and Law of Georgia ‘On the zones of sanitary protection of resorts and resort areas’ should be considered.
Decree No. 538; There is a chance that the project activity may cause harm to the environment, which will be impossible to mitigate even through planning and realizing the preventive measures. The rules to estimate and compensate for the environmental damage have been developed for such cases under the Decree No. 538 ‘On approving the methods to estimate the environmental damage’ of the Minister of Environmental Protection and Natural Resources of Georgia adopted on July 5, 2006. Below we site the clauses, which may be useful to estimate the damage within the limits of the project.
Article 2. The rule to estimate the damage caused by the harmful anthropogenic action on the atmospheric air
Article 3. The rule to estimate the environmental damage caused by the soil pollution
Article 4. The rule to estimate the environmental damage caused by the soil degradation
Article 5. The rule to estimate the environmental damage caused by illegal action with forest resources
Article 6. The rule to estimate the environmental damage caused by damaging the green plantations in the capital of Georgia, other cities and towns, regional centers and settlements
Article 7. The rule to estimate the damage caused by damaging the fish reserve and other biological forms
Article 8. The rule to estimate the damage caused by illegal acquisition of the animal life objects Article 9. The rule to estimate the environmental damage during the fossil exploitation
Article 10. The rule to estimate the environmental damage caused by the pollution of water resources.
International Commitments
International cooperation is a dominant feature and driving force for environmental reforms in Georgia. Setting the goal to preserve its biological diversity and realising the importance of international cooperation, Georgia signed the Convention on Biological Diversity in 1994, thus accepting responsibility to safeguard the nation’s rich diversity and of plant, animal, and microbial life to begin using biological resources in sustainable way, and to ensure equitable sharing of benefits from biodiversity
The Convention on Biological Diversity is the first global agreement, which, along with biodiversity conservation, necessitates the sustainable use of biological resources Georgia has been recognised as holding an important reservoir of biodiversity and is very important in the global context – according to the surveys and assessments conducted at an international level Georgia, as a part of the Caucasus, is recognized as:
.
1. One out of 25 biologically richest and endangered land ecosystems (Conservation International);
2. One out of 200 vulnerable ecoregions (WWF);
3. One out of 221 endemic bird habitats (Bird Life International);
4. One of the World Agrobiodiversity Centres.
Georgia has implemented a number of measures on fulfillment of the guidelines defined by the International environmental treaties which is party to, in particular:
▪ The country acceded the most important international treaties on biodiversity, such as Convention on Biological Diversity, Convention on Wetlands of International Importance, Especially as Waterfowl Habitat, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention) and its Agreements;
▪ A number of national legislative acts has been adopted in the field of conservation and sustainable use of biodiversity since 1996;
▪ Georgia conducted biodiversity assessment studies (National Biodiversity Assessment Program, UNEP, 1996);
▪ Strategy and Action Plan on conservation of Georgia’s biological diversity was elaborated and approved (2005);
▪ With the financial support of the German Government and the Global Environment Facility (GEF), the Protected Areas - the Borjomi-Kharagauli and the Kolkheti National Parks were established; with the support of the German Government, new protected areas
are planned to be established on the Javakheti Plateau in southern Georgia;
▪ With the support of the Global Environment Facility (GEF), the Project on Development of Protected Areas in Georgia is being implemented. The aim of the project is to elaborate management plans for three protected areas in eastern Georgia (Lagodekhi, Vashlovani and Tusheti), to develop infrastructure necessary for their effective management and to strengthen the State Department for Protected Areas in terms of improving skills for protected areas management;
▪ With the financial support of the World Bank, the forestry development project is under implementation in Georgia to promote conservation and sustainable use of Georgian forests.
Though the development of protected areas is the major strategy for protection of biodiversity in Georgia, some other priority directions in this field have emerged:
▪ conservation – preservation of rare and endangered species in bio-reserves;
▪ creation of genetic fund of wild nature;
▪ sustainable use of renewable natural resources;
▪ reproduction – breeding of rare and endangered species and their introduction in the nature.
The Convention on the Conservation of Migratory Species of Wild Animals
The Convention on the Conservation of Migratory Species of Wild Animals (also known as CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. It has been signed in 1979 in Bonn (Germany.) Georgia ratified the treaty in 2000 together with its three agreements:
Agreement on “Protection of Populations of European Bats” (EUROBATS);
Agreement on “Conservation of Cetaceans of the Mediterranean Sea, Black Sea and Contiguous Atlantic Area “ (ACCOBAMS );
Agreement on “Conservation of African-Eurasian Migratory Waterbirds” (AEWA).
Taking into account, that the Agreements have been initially designed as an instrument for facilitating the implementation of the CMS, the compliance with and enforcement of CMS in Georgia is mostly reflected in implementation of the Agreements.
1.1.5 Environmental Standards and Norms
Environmental Quality Regulations and Standards
Within the context of the road project, the environmental quality standards and norms are of primary importance. They define the quality of ambient air, admissible levels of surface waters pollution and measures of their protection including the zones of sanitary protection. The mentioned standards are considered under a separate clause (Clause 2.1.4). The maximum admissible levels of atmospheric air pollution and noise are also of a certain importance to the stage of building. Noise and atmospheric air pollution pose be a certain problem during the building operations (mainly, as the building techniques emissions and welding emissions) and exploitation of the rehabilitated objects (e.g. in case of operation of diesel-generators).
In accordance with the ‘Law on public health’, the environmental qualitative norms are approved by Decrees of the Minister of Labor, Health and Social Security of Georgia (Decrees Nos. 297/N of 16.08.2001, including the changes made to it by further decrees of the Ministry Nos. 38/N of 02.24.2003, 251/N of 09.15.1006, 351/N of 12.17.2007).
Ambient Air Quality Norms. The provisions for the protection of ambient air against contamination and the values of Maximum Admissible Concentrations of the harmful substances in the ambient air in the vicinity of the settlements is provided in the Environmental Quality Norms approved by the Order #297N (16.08.2001) of the Ministry of Labour, Health and Social Protection (as amended by the Order No 38/n of the same Ministry of 24.02.2003). The quality of atmospheric air (pollution with hazardous matter) is also defined by the order of the Minister of Environment Protection and Natural Resources (#89, 23 October 2001) on approval of the rule for calculation of index of pollution of atmospheric air with hazardous pollution.
Maximum Admissible Concentration of Pollutants (MAC) in Ambient Air mg/m3
|N |Substance |N according to CAS|Formula |MAC (mg/m3) |Class of harmfulness |
| | | | | | |
| | | | | | |
| | | | |Maximum fugitive |Average Daily | |
|1 |2 |3 |4 |5 |6 |8 |
|6 |Nitrogen (IV) |10102-44-0 |NO2 |0.085 |0.04 |2 |
| |Dioxide | | | | | |
|111 |Sulfur |9/5/7446 |SO2 |0.5 |0.05 |3 |
| |Dioxide | | | | | |
|359 |Carbone Oxide |630-08-0 |CO |5 |3 |4 |
|360 |Soot (Carbone black) |1333-86-4 |C |0.15 |0.05 |3 |
Noise Standards. The Georgian standards for noise control are approved by the Decree of the Minister for Health, Labour and Social Affairs (297n of August 16, 2001) on the ‘Approval of Environmental Quality Standards’, which specify the tolerable and maximum admissible levels of noise for different zones.
Table 2.5.1 Georgian Noise Quality Standards in Residential Areas
|Time |Indicative Level La dBA |Maximum Admissible Level La max dBA |
|7am – 11 pm |55 |70 |
|11pm – 7am |45 |60 |
1.1.6 Construction Permits
Terms and procedures for obtaining Construction Permit, as well as issues related to the State supervision are mostly covered by the following legal acts of Georgia:
• The Law of Georgia on Construction Permit 25.06.2004
• Decree No 140 of the Government of Georgia on the Rules and Conditions for Issuing Construction Permit (11.08.2005) with amendments introduced by Government Decrees of 09/01/2005 N 151; 12/01/2005 N 214; 01/23/2006 N 16; 06/20/2006 N 115; 08/23/2006 N 160 and No 101 of 16.05.2007
• The Law of Georgia on State Supervision over the Architecture and Construction Related Activities (14.11.1997) with amendments introduced by Government Decrees of 06/22/2001 N 992; 12/29/2004 N 857; 12/22/2005 N 2405
We will briefly review Construction Permit related procedures to address the environmental aspects of these procedures.
In case if the construction is carried out by a Ministry of the Government of Georgia or its structural unit, the preparation and agreement with the authorities of the project documentation should comply with the requirements stipulated in the Decree No 101 of 16.05.2007. In particular, the project documentation and its review procedures should comply with the requirements set forth for phase I, II and III of permitting cycle by the Decree No 140 of the Government of Georgia on the Rules and Conditions for Issuing Construction Permit. This provision is applicable
Phase I. Pre-Design Stage
• Confirmation of the land plot ownership and preparation of related documents
• Agreement on SoW and ToR for the Architectural Design with the Architectural Department of local administration
• Preparation of the Design in accordance with the aforementioned SoW and ToR.
Phase II. Consent of the Architectural Department of local administration
Phase III. Application for acquiring Construction Permit and permitting procedures
I. Pre-Design Phase
To obtain Construction Permit the project proponent should provide documents confirming land plot ownership or right for land use – extracts from the State Register or agreement with the land owner. This is relevant also for the construction activities to be carried out by the central or local governmental bodies.
Terms of Reference for Architectural Design is a complex of requirements determined by normative acts and defines:
• destination (residential building; industrial etc.)
• parameters (number of floors, dimensions etc.)
• layout
• List of Technical Requirements - environmental, technical and organizational conditions for design and construction. Each of these conditions should be agreed with the appropriate service agencies and should be supplemented to the technical documentation.
Terms of Reference for Architectural Design should comprise requirements related to urban development planning; environmental protection and hygiene and sanitary safe conditions; protection of cultural heritage and historical sites etc. TOR for the architectural design should be issued by the Architectural Department of local administration and Project Design documentation should be prepared by the project proponent in accordance with this TOR..
II. Design Phase
Design should be prepared in accordance with all requirements set forth within the Terms of Reference for Architectural Design and in compliance with the relevant design and construction standards.
Design should be cleared by the Architectural Department of a local administration. In case if construction is to be carried out in a zone of cultural heritage protection, consent of the Ministry of Culture, Monument Protection and Sport is also required.
Phase III. Construction Permit
In case if the project is to be implemented in territories with special regime, appropriate consent of the relevant governmental body is required. This requirement is relevant for:
• protected areas
• State border zone
• sanitary protection zones of resorts
• coastal zone
• Right of Ways of highways, railways, pipelines and electro-transmission lines
• Sanitation-protection zones of water supply headworks, water reservoirs, hazardous waste disposal facilities etc.
• Zone of historical or cultural heritage protected in accordance with the law of Georgia on Cultural Heritage Protection
The ‘Law of Georgia on Cultural Heritage’ was approved in May of 2007. Article 14 of the Law specifies the requirements for ‘large-scale’ construction works. According to this Article, a decision on career treatment and ore extraction on the whole territory of Georgia, as well as on construction of an object of a special importance as it may be defined under the legislation of Georgia, is made by a body designated by the legislation of Georgia based on the positive decision of the Ministry of Culture, Monument Protection and Sport of Georgia. The basis for the conclusion is the archeological research of the proper territory to be carried out by the entity wishing to accomplish the ground works. The entity wishing to do the ground works is obliged submit the Ministry the documentation about the archeological research of the territory in question. The preliminary research should include field-research and laboratory works. In case of identifying an archeological object on the territory to study, the conclusion of the archeological research should contain the following information: (a) a thorough field study of the archeological layers and objects identified on the study territory by using modern methodologies, (b) recommendations about the problem of conservation of the identified objects and planning of the building activity on the design territory, on the basis of the archeological research.
Georgian Law on Regulation and Engineering Protection of Coasts of Sea, Water Reservoirs and Rivers of Georgia (27.12.2006, No. 4131)
Article 9. Rules regulating the economic activity within the coast protection zone
1) The body issuing a building permit within the zone of coast engineering protection is obliged to engage the Ministry in the permit issuing process as a concerned administrative body and send it proper documentation for the obligatory conclusion.
2) The construction project of buildings and premises within the zone of coast engineering protection should envisage the compensation amounts for the expected coastal damage.
3) Extraction of inert material within the zones of strict supervision of sea, water reservoir or river is prohibited, unless this is done for the purposes of coast-formation or control of streams.
1. Environmental and social requirements of the WB
1.2.1 The World Bank Policy, Safeguards and Environmental Guidelines
WB Environmental Guidelines
All projects funded by WB must comply with the WB Safeguards and Environmental Guidelines. The purpose of these guidelines is to establish an environmental review process to ensure that the projects undertaken as part of programs funded under WB loans are environmentally sound, are designed to operate in compliance with applicable regulatory requirements, and are not likely to cause a significant environmental, health, or safety hazard.
WB is committed to program design that reflects the results of public participation in host countries during all phases of the program, integrating governmental interests with those of private business and civil society.
Finally, WB is committed to the principles of host-country responsibility for measures to mitigate adverse environmental and social impacts. WB funded projects shall therefore comply with host-country laws, regulations and standards, as well as requirements by which the host country is bound under international agreements.
The WB Bank Procedures, Operational Manuals and Good Practices having regard to the Road infrastructure rehabilitation projects are listed below:
• BP/OP/GP 4.01 Environmental Assessment
• WB BP/OP/GP 4.04 Natural Habitats
• WB OP 4.11 Cultural Heritage
• WB BP/OP 4.12 Involuntary Resettlement
• WB BP/OP 4.36 Forestry
• WB BP 17.50 Disclosure of Operational Information
EIA and Environmental Screening under WB Guidelines
The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA. Screening principles and procedures, as well as other conceptual and procedural details of EIA process, are described in BP/OP 4.01 Environmental Assessment. The Bank classifies the proposed project into one of three categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. The Bank establishes following three categories:
Category A is assigned to a proposed project if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. Full scale EIA and relatively longer period for public discussions (e.g. 120 days for projects implemented by WB in USA) is required in this case. EA for a Category A project examines the project’s potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the “without project” situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. For a Category A project, the Borrower is responsible for preparing a EIA report.
Category B is assigned to a proposed project if its potential adverse environmental impacts on human environment are less adverse than those of Category A projects (e.g. insignificant impact on sensitive area or medium grade impact on less sensitive area). Like Category A EA, category B EA examines the project’s potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document). The EA for B category projects could be provided in a form of Environmental Management Plans (EMP) or Environmental Review (ER), which includes EMP.
Category C is assigned to a proposed project if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.
As additional criteria in support for screening procedures the GP-4.01 Annex B provides – “Types of Projects and Their Typical Classifications” with following comment: “Bank and international experience shows that projects in certain sectors or of certain types are normally best classified as illustrated below. These examples are only illustrative; it is the extent of the impacts, not the sector, that determines the extent of the environmental assessment and, hence, the category”.
EIA
EIA evaluates the potential environmental risks and impacts of a specific project in its area of influence, examines alternatives to the project, identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts. EIA includes the process of mitigating and managing adverse environmental impacts during the implementation of a project.
EIA should:
- be initiated as early as possible in project development and be integrated closely with the economic, financial, institutional, social, and technical analyses of a proposed project
- examine a need for resettlement, mplications for indigenous peoples and cultural property, and trans-boundary global environmental aspects.
- take into account specific host-country conditions – the findings of environmental studies, National Environmental Action Plans, national legislation, the capabilities of the entity implementing the project, as they relate to managing environmental and social impacts, and obligations of the country under relevant international environmental treaties and agreements.
EIA report should include:
- Executive summary – significant findings and recommended actions
- Policy, legal and administrative framework within which the EIA is carried out
- Project description
- Baseline data
- Environmental impacts
- Analysis of alternatives (including mitigation measures)
- EMP including associated costs
Consultation - lists and describes consultation meetings, including consultations for obtaining the informed views of the affected people, local NGOs and regulatory agencies.
Public consultation
Consistent with WB principles of host-country ownership of the projects implemented under its loans, the porject proponent will ensure meaningful public consultation in the development of WB loan-related EIAs and make public the results of EIAs. Public disclosure and consultation procedures are defined in WB BP 17.50 – “Disclosure of Operational Information” and described in details in WB Environmental Sourcebook Vol. I chapter 7 and Updates #5 - “Public Involvement in
Environmental Assessment: Requirements, Opportunities and Issues”. The Bank requests consultations for A and B Category projects. For the category A projects WB requires two consultation meetings (one at scoping, and one on draft EA) and disclosure of draft and final documents in country and through WB website.
1.2.2 Comparison of the National legislation and WB requirements
Environmental assessment established under the Bank’s Operational Policies (OP 4.01) and Guidelines (BP 4.01) is analogous to the EIA provided under the legislation of Georgia.
The Bank’s guidelines provide detailed description of procedures for screening, scoping and conducting EIA and explain a complete list of stages, which are not envisaged under the national legislation.
Considering an ecological risk, cultural heritage, resettlement and other factors, the Bank classifies projects supported by them under categories A, B and C. As mentioned in the Georgian national legislation review section, EIA is carried out only if a developer seeks to implement projects listed in the Law on Environmental Impact Permit. This list is compatible with the category A projects of the Bank classification. According to the Georgian legislation EIA is not required in other instances, while World Bank guidelines may require limited EA or Environmental Reviews for the B category projects, as well.
Georgian legislation does not specify format of environmental management plans (EMPs) and stage of their provision for the projects requiring EIA and do not request EMPs for the projects not requiring EIAs. The World Bank guidelines request EMPs for all categories of the projects and provide detailed instructions on the content.
According to the Georgian legislation, MoE is responsible for monitoring of project implementation on compliance with the standards and commitments, provided in the EIA, and less clearly is defined role of EMPs. The PIU or “Project Proponent” is responsible for implementing “self-monitoring” programs for the projects requiring EIA. The WB guidelines stress the role of EMPs, which are important for all categories of projects and Project Proponent (in our case – MDF) is requested to ensure inclusion of monitoring scheme and plans into EMPs. Monitoring of performance compliance against EMPs is important element of WB requirements.
The above considerations reveal major differences between the Bank guidelines and the national legislation.
Some of the specific issues are considered below:
The most significant difference between the Bank’s approaches on one hand and the national legislation on the other is that the latter does not take into account the issue of involuntary resettlement at any stage of environmental permit issuance. The Georgian legislation considers social factor only in regard with life and health safety (e.g. if a project contains a risk of triggering landslide, or emission/discharge of harmful substances or any other anthropogenic impact). Thus, the national legislation does not consider resettlement as an issue in the process of issuing environmental permits, unlike the Bank which takes a comprehensive approach to this issue.
While the Bank’s document establishes the responsibility of a Borrower for conducting an environmental assessment, the national legislation provides for the responsibility of a project implementing unit to prepare EIA and ensure its consultation.
The role of the Ministry is restricted to the participation in EIA consultation and carrying out state ecological examination required for the adoption of a decision on issuing an EIA permit as established under the legislation of Georgia. WB provides oversight on the entire EIA process from initial screening/scoping till the review of drafts and approval and public disclosure of the final EIA.
In regard with consultation: The Bank requires consultations for A and B Category projects (at least two consultations for Category A projects) from the Borrower. The national legislation until recently contained only a brief reference to this issue without providing real tools of its fulfillment. The amendments to the Governmental Decree On the Procedure and Conditions of Environmental Impact Assessment established the requirement of public consultation of the EIA, which obligates a developer (i) to ensure public consultation of EIA, (ii) publication of information, (iii) receive comments within 45 days, (iv) arrange consultation not later than 60 days from the date of publication, invite stakeholders and determine the place of consultation).
Table of Activities
|# |Action |Georgian Legislation |WB Requirements |
|1 |Screening |Project Proponent in consultation with MoE |Bank and Consultant hired by Project Proponent |
|2 |Scoping |Not required. Could be conducted voluntarily by |Obligatory. Bank and Consultant hired by |
| | |Project Proponent. |Project Proponent |
|3 |Draft EIA |To be prepared by Environmental Consultant. |To be prepared by Environmental Consultant. |
|4 |Public Consultations |The EIA should be available for public review |At least two consultations for Category A |
| | |during 45 days. Publication of information in |projects – one at the scoping stage and one for|
| | |central and regional mass-media. Arrange |the draft EIA. |
| | |consultation not later than 60 days from the | |
| | |date of publication. | |
|5 |Final EIA |Consider all comments received during public |Consider all comments from Bank and public. |
| | |consultations, incorporate accepted remarks and |Agree with the Bank on each raised point. |
| | |explain rational when the comments are |Incorporate accepted public comments and |
| | |disregarded. |explain rational when the comments are |
| | | |disregarded. |
|6 |Management Plans |No clear guidelines on format, content and |Incorporate Monitoring and Management Plans in |
| | |timing |the EIA. |
|7 |Review and Approval |MoE |Bank and separately - MoE (if the EIA is |
| | | |required by Georgian legislation) |
|8 |Disclosure of final EIA |Not requested |Publication (mainly electronic) of the final |
| | | |EIA. |
Harmonization of the WB and Georgian Legislation requirements
In order to comply with the both regulations – the WB and Georgian legislation – the content of the EIA should comprise issues requested in both regulations, - thus complementing each other. I.e. the EMPs should be elaborated in details as requested by the WB regulations. The assessment of the stationary sources of emission (e.g. diesel generators) should be executed according to Georgian regulations: “Inventory of the Stationary Sources of Emission” and “Approval of the Emission Limits”. The first public consultation (requested by WB guidelines but not by Georgian regulations) will be held at the Scoping stage. The second one will be executed according to Georgian requirements as described in p.2.1.2.
2. Legislation of Georgia and WB Guidelines Related to Land Acquisition and Resettlement Issues
2.1. Legislation and administrative structure in georgia
2.1.1 Institutional Responsibilities
The list of institutions having regard to the land acquisition issues and procedures applicable for the E-60 Highway modernization projects under the legislation of Georgia is provided below:
Table 1. State Institutions that may be involved in land acquisition process
The Government of Georgia
|Ministries and Departments |Responsibilities |
|Ministry of Economic Development |Matters pertaining to the project site approval, for the projects of Specific |
| |Importance (approval within the Construction Permit). |
|National Agency of Public Registry (NAPR) |Identifies the land plots and ownership rights and their registration into the |
| |Public Registry. |
|Ministry of Environmental Protection and Natural Resources |Resolves the issues related to the changes of the designation of land. Site approval|
| |through the Ecological Expertise within the procedural frame of issuing |
| |Construction Permit. |
|Tourism Department |Site approval within the Construction Permit. Certain restrictions on construction |
| |in a sanitary protection zones of resorts . |
|Ministry of Culture, Monuments Protection and Sports |Site approval within the Construction Permit. Certain restrictions on construction |
| |in a archaeologically valuable sites. |
|Ministry of Agriculture |Information regarding the yield capacity of given agricultural lands |
Regional/local Authorities
|Regional/local Authorities |Responsibilities |
|Adjara Government |Establishes the Stirring Committee and assigns PIU for the Project. |
| |Delegates authority for implementing all RAP related activities and |
| |function of intersectoral coordination to the PIU. |
|PIU assigned by the Government of Adjara |According to present RPF the PIU has the lead responsibility for the |
| |implementation of this RPF and RAP. |
|Property Recognition Commission (Land Acquisition Committee) |Identifies the ownership rights on land plots occupied by private owners|
| |without permission and legalizes legalizable property. Prepares |
| |documentation for registration of the legalized land plots into the |
| |Public Registry. |
|Local Offices of NAPR |Identifies the land plots and ownership rights and their registration |
| |into the Public Registry. |
|Local Rayon Sakrebulo / Gamgeoba |Has issued documents confirming right on land during the privatization |
| |process. Keeps information about legal land owners |
|Local governing Units and their architectural and Construction service |Implement the decisions on the land parcellation |
|units | |
The Ministry of Economic Development (MoED). The projects related to construction or reconstruction of the Highways of international and national value are classified as the projects of Special Importance. MoED is responsible for carrying out the review of technical documentation (including conclusion of an independent experts) and issuing Permits on Construction for such projects. Construction permitting procedure comprises approval of technical design and considers consent of the other ministries and responsible bodies upon the route and RoW. Therefore, Construction Permit issued by the MoED represents integrated decision of the government on granting the permit to use the RoW for construction of the road, and this is precondition for completion of land acquisition process.
The Roads Department of the Ministry of Economic Development of Georgia (RDMRDI).Within the Georgian Government, the Road Department of the Ministry of Economic Development of Georgia (RDMRDI) has the lead responsibility for the management of road construction projects and for land acquisition as the significant component of the project. In more general scope, the RDMRDI is responsible for elaboration of policy and strategic plans related to developing motor roads, management of road and traffic related issues and construction, rehabilitation, reconstruction and maintenance of the roads of public use of international and national significance, utilizing funds from the state budget, lawns, grants and other financial sources.
Within the frames of the programs and projects, where the RDMRDI is appointed by the Government as implementing agency, the RDMRDI is responsible for the procurement of design and EIA studies, as well as works on construction and rehabilitation of roads of international and national significance, and is responsible for ensuring compliance with the Georgian legislation and environmental and social requirements of the relevant donor organizations. Land acquisition and accordingly development and implementation of the Resettlement Action Plan (RAP) is direct responsibility of the RDMRDI. The RAPs are usually prepared by the independent specialized consultants, but the consultant’s services are procured by the RDMRDI. The approved RAPs are implemented by the RDMRDI staff. Therefore the RDMRDI should have sufficient experience for procurement of the consultant services and RAP preparation, as well as adequate capacity to ensure review and approval of the RAP and its follow up implementation in compliance with Georgian legislation and IFI’s requirements.
Ministry of Environmental Protection and Natural Resources. Pursuant to the active legislation of Georgia the Ministry of Environmental Protection and Natural Resources is responsible for environmental protection, resource (including soil) management and land designation changing issues. On the given phase the issues related to usage of agricultural land for non-agricultural purposes is resolved on the level of said Ministry. The Ministry participates in the RoW approval through issuance of the Permit on Environmental Impact.
Land Management Department and Department of Geology, Geodesy and Cartography are under the Ministry of Environmental Protection and Natural Resources. The Competence of Geodesy and Cartography Units is practical implementation of State Management Policy of geodesy and cartography. To the competence of Land Management Unit belongs rational use of land and implementation of measures against soil erosion and state control on land purposeful use.
The Ministry of Justice. The Ministry of Justice shall lead the most significant role in registration and declaration of ownership rights to land and real property. Declaration and registration of ownership rights to land and real property is undertaken solely by the National Agency of Public Registry at the Ministry of Justice.
Table provides a list of government departments involved in the land acquisition process for the East – West Highway construction in Georgia.
The Land /real property acquisition during Highway construction process is regulated by the supreme laws being in the highest position within the hierarch of legislation. These are as follows: Constitution of Georgia and the Law of Georgia on Expropriation of Private Ownership for Public Necessary Needs. The President of Georgia, the Court and Expropriator that is granted the right of expropriator through the Court are involved in this process. However, also other State Institutions such as Ministry of Environmental Protection and Natural Resources, Ministry of Economic Developments and the Ministry of Agriculture shall also get involved.
Table 2. The responsibilities of the entities involved in the process of expropriation as defined under the Legislation of Georgia
|Measures/activities |Responsible Body |
|Presidential Decree on Assigning the Right of an Expropriator |The President of Georgia |
|Right on Undertaking Expropriation |Through the Court Decision |
|Conducting appraisal (evaluation) of land and real property |Independent expert invited by the Expropriator |
|Information regarding the yield capacity of given agricultural |Ministry of Agriculture |
|lands | |
1.1.2 Resettlement Related Legislation of Georgia
The table below provides a list of legal acts directly regulating or having regard with the land acquisition issues.
| |The Frame Legislation |Issues addressed |
|1 |The Constitution of Georgia, August 24, 1995; |Frame legislation covering private ownership, |
| | |privatization, compensation, expropriation and publicity |
| | |issue. |
|2 |The Civil Code of Georgia, June 26, 1997; |Frame legislation covering Ownership Rights, Construction |
| | |Right, Servitude Right and Necessary Right of Way issues. |
| |The Laws Regulating Land and Property Ownership and Land Acquisition Issues | |
|3 |The Law of Georgia on Ownership Rights to Agricultural Land, March 22, 1996;|The sphere of regulation of the Law on ownership right to |
| |as amended |agricultural land mainly extends over the agricultural |
| | |land parcels. |
|4 |The Law of Georgia on Privatization of State-owned Agricultural Land, July |regulates the privatization of State-owned agricultural |
| |8, 2005; |land |
|5 |The Law of Georgia on Compensation of Compensatory Land Cultivation Costs |The law establishes the rules and compensation levels |
| |and Sustained Damage in Case of Allocation of Agricultural Land for |(according to municipalities and recreational zones) for |
| |Non-Agricultural Purposes, October 2, 1997, and the last amendment to this |allocation of agricultural lands for non-agricultural |
| |Law made on July 11, 2007; |landuse purpose. |
|6 |The Law of Georgia on Registration Ownership Rights to Immovable Property, |defines the rules, terms, and conditions for registration |
| |December 28, 2005; |of rights to immovable property |
|7 |The Law of Georgia on the Property of Local Self-governing Units. |identifies property categories, its creation rules and |
| | |property rights of local self-governing |
|8 |The Law of Georgia on Recognition of the Property Ownership Rights Regarding|governs legalization of land ownership rights on the land |
| |the Land Plots Owned (Used) by Physical Persons or Legal entities; 2007 |plots owned or used by the physical persons and legal |
| | |entities without permission. |
| |Legislation Regulating Land and Property Expropriation | |
|9 |The Law of Georgia on the Rules for Expropriation of Ownership for Necessary|Eminent Domain Law – regulates expropriation of land or |
| |Public Need, July 23, 1999 |property for Necessary Public Need |
|10 |Procedural Civil Code of Georgia, November 14, 1997 |The general courts of Georgia consider the cases |
| | |(including land ownership expropriation cases) according |
| | |to the rules identified under the Procedural Civil Code of|
| | |Georgia. |
| |Other Laws Having Regards to Land Acquisition | |
|11 |The Law of Georgia Licenses and Permits, 2005 |Permits and procedures for the RoW approval within the |
| | |Construction Permit |
|12 |The Law of Georgia on Construction Permit |Permits and procedures for the RoW approval within the |
| | |Construction Permit |
| |The Law of Georgia on Environmental Impact Permit, 2008 |Permits and procedures for the RoW approval through EIA |
| | |process |
| |The Law of Georgia on Protection of Cultural Heritage, 2007 |Permits and procedures for the RoW approval through |
| | |Archaeological clearance (within the Construction Permit) |
| |Precedents of Expropriation | |
| |Presidential Decree No 588, October 1, 2007 about Granting of Ownership |Related to expropriation of the private land plot needed |
| |Expropriation Rights for Necessary Public Need |for the project of public importance – “Modernization of |
| | |the Natakhtari - Agaiani Section of the Tbilisi – Senaki –|
| | |Leselidze Highway” |
Below we provide listing and very brief characterization of the laws relevant to land acquisition and resettlement issues and short summary of outcomes. More expended review of the Georgian legislation pertinent to the resettlement issues is provided in the Annex 1 of this manual.
Framework Legislation
The Constitution of Georgia, August 24, 1995;
The Constitution determines the essence of private ownership and defines presumption of inviolability however also determines the issues related to legislative frames of compensation issues and expropriation of land and immovable property for necessary public need. The Constitution of Georgia ensures the publicity of information. Pursuant to the Article 21 of the Constitution of Georgia "the right of ownership and inheritance is declared and secured". Nobody is eligible to cancel the universal right of ownership and legacy. Throughout of the necessary public need or in case of emergency necessity the Article 21.3 of the Constitution the expropriation of the private ownership is allowed however, only according to the Court Decision or under the rules identified in the organic law5 on basis of the appropriate (fair) reimbursement. The present law regulates privatization issues of the existing lands at state ownership and out of subject its topicality less presumable (Existing private owned land parcels assignation to the State). Herewith is to be noticed that in present some draft law is submitted to the Parliament and after they are adopted they may make influence of the discussion of the existing document. Organic law is among Constitution and other laws in the hierarchy of the legislation, which underlines its particular importance. Other articles of the Constitution also create legislative basis related to resettlement measures of the motor road construction. This includes State expropriation of land for urgent public necessity by power of eminent domain, information disclosure and public consultation, protection of cultural property, and grievance resulting from land acquisition and displacement of the population. The stated regulations create the set of procedures that allow obtaining the land ownership rights for road construction from private owners.
The Article 42 of the Constitution makes the citizens eligible to claim, in particular protects them and encourages appealing to the court for protection of their rights and freedom.
The Civil Code of Georgia, June 26, 1997;
The Civil Code of Georgia regulates private civil relationships, and it evolves property rights, the law of obligations, family law and the law of inheritance. Those regulations of the Civil Code particularly relevant in the property law section where the ownership, construction and servitude rights are discussed, and other type rights directly spreads on the existing project.
Ownership Rights. The ownership right entitles its beneficiary to freely possess and use property. Mentioned right can be limited within legislative or other agreement. Ownership on the land parcel gives implicit right to land owner to implement construction activities if it is not restricted by any agreement or law.
Construction Right. The owner is allowed to transfer a land plot to another person in temporary usage (not to exceed 59 years) for charge or free of charge. The transferee obtains the right to build a building/construction on or under the land plot, as well as to assign and transfer this right under inheritance or tenancy, borrowing or renting. The construction right may cover such part of a land plot that is not necessary for the actual construction but allows a better use of the facility constructed on the basis of the construction permit. Termination of the construction right requires consent from the landowner. However, as the terms of construction right refer to motor road construction aside to this approach also possible to be utilized the right to request necessary right of way. On the basis of the Article 180 of this Code, if a land parcel lacks the access to public roads that are necessary for its adequate use, the other owner may claim from a neighbour to tolerate the use of his land parcel by the owner for the purpose of providing the necessary access. The mentioned article may be used for road construction, though the determination of necessary right of way is rather complicated procedure and in case of road construction evolves the obligations to prove the existence of the elements of such rights. In case of necessary right of way, the implementer of road project shall have the right to undertake road construction notwithstanding the owner’s will.
It should be noted also Servitude Right on the property, that due to Georgian Civil Code presents establishment the limits on land parcel or on other property in favor to other land parcel or owner of the property (beneficiary). The Beneficiary is granted the right to use land parcel under restriction with some conditions and /or restrict concrete activities or prohibits land owner from using significant rights against this land parcel. Necessary Right of Way. The Georgian Civil Code gives utilities and state agencies the ability to obtain rights of way under the Necessary Right of Way provision
However, in regard with this project, any rights (among them ownership, construction, inevitable road or servitude) the terms and conditions for transfer the right for constriction shall be defined against each land parcel in accordance to the identified rules and on the basis of entered and registered agreement entered by a landowner and the party holding the corresponding right of construction.
Land and Property Ownership Related Legislation
In Georgia, land acquisition for public use is governed by the following laws, reviewed below:
The Law of Georgia on Ownership to Agricultural Land, March 22 1996, as amended;
The current law is completely different from the initial version adopted in 1996. The changes made to this law in different times (among them the amendments on the basis of the Law # 389 as of July 14, 2000) have significantly changed its initial format and simplified to maximum extent the procedures considered under the Law.
The sphere of regulation of the Law on ownership right to agricultural land mainly extends over the agricultural land parcels.
Article 3.1. Defines that "a land parcel with or without household structure that is registered at the public register and used for cattle-breeding and plant cultivation produces is considered as an agricultural land parcel" with existing household and additional structures or without them. Also the share of a member of household community within the shared hay fields, grazing lands or forestry areas and the part of the agricultural land that may be the object "of separate ownership right" (Article 3.2).
The Law determines that the ownership right to agricultural land is granted to the State, physical person, household community (Komli) and legal entity registered in accordance to the legislation of Georgia, which carries out his activities in agricultural sphere. Besides, the Law declares the form of village and household community (Komli) ownership to state-owned grazing lands, private and form of community ownership in high mountain regions (Article 4.3).
According to the Articles 6 and 8, acquisition of agricultural land is allowed on the basis of ordinary
rules and general restrictions. Ordinary rule considers land alienation without any permits and other limitations, and general restrictions consider land alienation only on the basis of the consent of co-owner of shared property. In case of agricultural land acquisition the lessee has the priority right to purchase the land. (Article 10). Alienation is restricted if the area after this action will be less then 5 hectare.
The Law defines Tax sanctions if land has not been cultivated for 2 years and for non-payment of land tax and non transmission to the other person in lease condition. In such cases the law does not directly state any type of penalty and only refers that in described cases shall be exercised the sanctions under the Tax legislation (Article 20).
The Law of Georgia on Privatization of State-owned Agricultural Land, July 8 2005, as amended;
The Law regulates the privatization of State-owned agricultural land. On the basis of this law the leased or non leased State-owned agricultural land subject to privatization. However, the categories of agricultural lands listed below do not subject to privatization:
- grazing lands except the grazing lands which before law enactment were leased; grazing lands
attached to existing structures being under ownership of legal and/or physical persons or state
ownership in accordance to the rule refined by the Law; that
- Cattle-driving routs;
- water fund land, except fish breeding artificial ponds and the lands of common water use category
utilized as agricultural lands in accordance to the Law of Georgia on Water.
- Forest fund land used under agricultural designation;
- Recreation lands;
- Lands allocated to Historical monuments, nature and religious monuments;
- Land of protected areas;
- Agricultural reform lands in Adjara Autonomous republic;
- Agricultural lands being used by Budgetary Institutions and legal entities of public law in the form
of usufruct.
Privatization of the two categories (forest fund and recreation land) of agricultural land is still allowed, although only for development of resort-recreation infrastructure what the Government of Georgia makes a decision on.
The Law of Georgia on Compensation of Compensatory Land Cultivation Costs and Sustained Damage in Case of Allocation of Agricultural Land for Non-Agricultural Purposes, October 2, 1997, as amended July 11, 2007;
The objective of the law is to establish regulation for allocation, use or dispose of the agricultural land plot for non-agricultural purpose and related compensation values corresponding to municipalities and recreational territories in Georgia, as well as terms of payment. Aside that, the law defines compensations to the private landowners or land leasers for limiting their ownership rights or for worsening the land plot quality and productivity.
According to clause 3 of the law, the land plots beyond the recreational zones owned by the citizens of Georgia (families, komlis) are not subject for the change of the land category from agricultural into non-agricultural in case of need for constructing on the mentioned land plot the leaving house for the owner or any barns and utility rooms. This protects the private landowner from additional compensation payments related with the changes of the land category. At the same time, the outcome of this clause pertinent to resettlement is that certain houses and buildings could be situated on the agricultural land plots and this may have additional impact on replacement cost calculations.
Law of Georgia on Registration of Rights to Immovable propert,y December 28 2005, as amended
The Law defines the rules, terms, and conditions for registration of rights to immovable property (things), rights and obligations of the subjects participating in registration procedures. The goal of this is Law is to declare and verify ownership rights on to immovable property (things) within the territory of Georgia thought registration of these rights into the Public Register. The Law describes
the rules set forth for organization and functioning of Public Register. Some rights subject to mandatory registration others may voluntarily be registered. Among them, mandatory registration extends to:
a) Obtaining ownership rights to immovable property based on sales transaction, exchange, giving as a gift (bequeath), inheritance, through verification of ownership rights, privatization and also abandonment of ownership rights being registered at the Public Register; and
b) The rights to build, usufruct, mortgage and guarantee rights, rights to lease and rent (if such is based on the notarized agreement).
This law ensures successful process of expropriation and obtaining of necessary right of way since in case of purchasing immovable property from an owner, it is required that land and real property is registered into the public register to provide legal validity to the sales agreement. Pursuant to the active legislation of Georgia, acquisition (purchase) of private property is legally valid and ownership rights are declared only after its registration into the Public Registry.
The Law on the Property of Self-governing Units, March 25 2005, as amended
The said law identifies property categories, its creation rules and property rights of local selfgoverning unit (hereinafter Selfgoverning Unit”) except land and natural recourses the usage, possession and alienation of which is regulated by the special legislation of Georgia. According to the Article 2, the property of self-governing unit is divided into two categories: basic and additional properties. Alienation of the property of self-governing unit is limited, alienation of additional property is possible on the basis of the rule defined by the law. On the basis of the mentioned law the local state-owned property, such as roads, bridges, tunnels, streets, underground crossings, pavements, traffic lights, constructions of outdoor lighting, squares, public gardens, boulevards, fountains, parks, green plants and bank protection constructions may be transferred to the self-governing unit.
The Law of Georgia on Recognition of the Property Ownership Rights Regarding the Land Plots Owned (Used) by Physical Persons or Legal entities; 2007
The law governs legalization of land ownership rights on the land plots owned or used by the physical persons and legal entities.
Legislation and Procedures Related to Expropriation of Ownership
In Georgia the legislative acts given below regulate the issues related to legal ownership rights to land and real property and the expropriation of land for public needs: The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public Need July 23, 1999 and Procedural Civil Code of Georgia
In general terms, the above-listed laws and regulations give the possibility of applying the following three mechanisms for legal application of the property rights:
• Obtaining the right on way without expropriation though the payment of due compensation (on the basis of negotiations or a court decision) prior to commencement of the activities;
• Expropriation which gives the possibility of obtaining permanent right to land and/or necessary road on the basis of Eminent Domain Law or a court decision through the payment of due compensation;
• Expropriation of ownership for urgent public necessity, which gives the possibility of obtaining permanent rights on land and/or necessary road for the purpose of national security or accident prevention. Expropriation is to be made on the basis of the
In more details the legal requirements and procedures are described below:
The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public Need July 23, 1999
The Law requires the implementation of several steps for obtaining ownership rights.
a. Issuance of Presidential decree;
b. Inventory of all the property that subject to expropriation;
c. Informing the landowners on expropriation through publication;
d. Submission of the Application to the Court and Court Decision;
e. Providing the information to the landowners on the date of submission of application to the Court and the date of court hearing;
f. Considering the Application and making a decision by the Court;
g. Expropriation;
g. Court proceedings in case any disputes being raised in regard with the property market value and compensation amount.
A. as a result of issuance of Presidential Decree the right to expropriate is assigned to the State or local self-government body, or public or legal person of private law. The Presidential Decree is issued under the Article 21 of the Constitution of Georgia. The Presidential Decree defines the inevitability of expropriation of a land parcel for immediate public needs and the subject (State or local self-government body, or public or legal person of private law) that is granted the right to expropriate.
B. After issuance of Presidential Decree shall be conducted inventory and evaluation of all the property that subject to expropriation
After the issuance of Presidential Decree the person interested in expropriation ensures that an independent auditor undertakes the inventory and valuation of the property to be expropriated. Besides, in case of replacement expropriation property by other property, the value of such compensation property is also appraised by an independent auditor. While valuation of the property that subject to expropriation and determination of compensation, the property that is insignificant by size, form and condition but is linked to the property that subject to expropriation and therefore is useless without it shall also be considered. During evaluation of agricultural land the value of the standing crops is also considered and calculated based on the income the owner might receive durin
the current economic year. Although, if sowing has been undertaken after property appraisal such value shall not be taken into account.
C. In order to inform the landowners the information on the expropriation is published in central and local newspapers.
The information shall contain the scopes of the project implementation, also brief description of the territory and property that may be expropriated.
D. Submission of the Application to the Court is undertaken after the above described activities are implemented. The Law of Georgia on the Rule of Property Expropriation for Necessary Public Needs, article 5 defines that the District (City) Court is eligible to finally assign the right to expropriate on the basis of the Application interested in expropriation. The Application on expropriation shall be submitted to the District (City) Court. The application submitted to the Court shall state the following:
1. Name of the District (City) Court;
2. Name and legal address of the of applicant;
3. Name, address of the Applicant’s representative if the application is submitted by a representative;
4. The request of the applicant;
5. The description of the circumstances the applicant refers to;
6. The proofs verifying these circumstances;
7. The list of the documents attached to the Application.
The application shall be attached with (1) the detailed description of the project that requires right of expropriation for its implementation; (2) Presidential Decree on issuance of expropriation; (3) , detailed description of the property that subject to expropriation; and (4) the document verifying the publication of information on expropriation.
E. The owners will be supplied with the information on submission of Application to the Court and acceptance the case.
A person interested in expropriation shall ensure that every owner whose property subjects to expropriation is informed regarding the submission of the application to the court and the date of court case.
F. Court considers the application and makes a decision on expropriation
The Court – after considering the application - makes a decision on granting the right to expropriate. The decision states the person granted the right to expropriate and the detailed description of the property to be expropriated, also corresponding instruction on ensuring due compensation to landowners. The court decision is immediately executed according to the rule of execution of the decision to be executed. This means that even if such decision is appealed the execution of the court decision continues notwithstanding the fact of appeal.
G. Expropriation
After the court makes a decision an expropriator gives the offer on the purchase of the property to the landowners and the rules of compensation for this property and conducts negotiations with thelandowners on the rules of compensation for the property to be expropriated in order to make an agreement.
Besides, the expropriator provides the landowner with the written document issued by an independent expert verifying the assessment of the value of property to be expropriated and compensated (compensation to be undertaken by transferring the other property is allowed only if the landowner agrees) Amount of compensation or the value of the property to be compensated shall not be less than the value of the value of the property to be expropriated.
H. Court Proceeding on property market value and compensation. In case the expropriator and the property owner fail to come into agreement regarding the property market value and amount of compensation, in accordance to the Civil Procedural Code of Georgia, any party has the right to apply to the same rayon Court where the land parcel is located for dispute resolution.
The claim of the expropriator shall be attached with: (1) detail description of the property to be expropriated, (2) documents verifying the presence of public needs for property expropriation; (3) documents related to the project to be implemented for public needs; and (4) the Decision of the District (City) Court on grating the right for expropriation
The Court is eligible to assign an independent expert that shall conduct property appraisal and within the defined time terms submits the court with the report on market value of the property to be expropriated and other property offered to the owner as compensation (if compensation shall be undertaken through transferring replacement property). On basis of the independent expert report and the proofs provided by both parties, the court makes final decision regarding the amount of compensation for property to be expropriated.
The expropriator is responsible to reimburse costs incurred by both parties including the costs for court proceedings, such as court costs in case of disputes and costs for property appraisal services and property transfer costs.
Procedural Civil Code of Georgia, November 14 1997, as amended;
The general courts of Georgia consider the cases according to the rules identified under the Procedural Civil Code of Georgia. The requirements of the procedural law are exercised during the lawsuit, during implementation of separate procedural actions or execution of the court decision.
The Procedural Civil Code of Georgia also regulates those cases when determination of the defendant is impossible. This may be important for the Project in the cases when the landowner is not found and correspondingly ownership to his/her land parcel cannot be obtained in legally valid manner, i.e. it is impossible to enter corresponding agreement with the landowner or him/her cannot sign other type of document.
According to article 18 of the Procedural Civil Code of Georgia if the claim refers to real property the claimant has the right to submit a claim to the court against the owner according to the land parcel location.
According to Article 78, of the Procedural Civil Code, when the location of the defendant is unknown, there are two alternative ways to provide him/her the information on lawsuit: (1) notice of lawsuit appointment is delivered to local self-government or government bodies; or (2) makes a decision on public notification through publication. Public notification is in written format and contains major data of the documents that the defendant shall be introduced to. Public notification is placed on the Board for Applications in the Court. However, the claimant is eligible to ensure the distribution of public notification on its own expenses.
In both cases, the Civil Code defines one-month term for considering the notification on appointment of a lawsuit as delivered. However, the legislation allows the Court to extend this term not more than for a month. The consideration of notification on application of a lawsuit as delivered allows the judge to conduct the sitting of the court and make a default judgment in regard with real property.
Summary
Overall the above laws/regulations provide that the principle of replacement cost compensating at market value is reasonable and legally acceptable. The laws also identify the types of damages eligible to compensation and indicate that compensation is to be given both for loss of physical assets and for the loss of incomes. Finally, these laws place strong emphasis on consultation and notification to ensure that the AP participate in the process. As in practice, public opposition to expropriation is very strong this instrument to acquire land is used only in extreme cases when negotiations between the agency acquiring the land and the owners fail. Usually once public interest is established, the investor (PIU, in this case) negotiates compensation for the sale or use of land with landowners and land users.
Other Laws having regard to the land acquisition process.
The Law of Georgia on Motor Roads, November 11, 1994.
Clause 27 only briefly addresses the issue of land allocation for the needs of the motor road construction through referring to the active legislation.
The Law of Georgia Licenses and Permits, 2005
The law specifies permits and license required in Georgia. Amongst the others the law mentions Construction Permit and Environmental Impact Permit, which have regard to the highway modernization projects and related activities (construction, upgrading etc.) and RoW or route approval.
The Laws of Georgia on Construction Permit (2004 ), on Environmental Impact Permit (2008) and on Cultural Heritage (2007) describe permits, related studies and clearance procedures applicable to the road construction projects and required to approve the route, RoW and construction corridor for the motor road. Approval of the RoW and construction corridor is necessary preliminary step before starting land acquisition.
2.2 The World Bank Policy, Safeguards and Georgian Legislation
2.2.1 The World Bank Safeguards and Involuntary Resettlement Policy
All projects funded by WB must comply with the WB Safeguards and Environmental Guidelines. The purpose of these guidelines is to establish an environmental/social review process to ensure that the projects undertaken as part of programs funded under WB loans are environmentally sound, are designed to operate in compliance with applicable regulatory requirements, and are not likely to cause a significant environmental, health, or safety hazard and negative social impact.
WB is committed to program design that reflects the results of public participation in host countries during all phases of the program, integrating governmental interests with those of private business and civil society.
Finally, WB is committed to the principles of host-country responsibility for measures to mitigate adverse environmental and social impacts. WB funded projects shall therefore comply with host-country laws, regulations and standards, as well as requirements by which the host country is bound under international agreements.
The WB Bank Procedures, Operational Manuals and Good Practices having regard to the road rehabilitation projects are listed below:
• BP/OP/GP 4.01 Environmental Assessment
• WB BP/OP/GP 4.04 Natural Habitats
• WB OP 4.09 Pest Management
• WB OP 4.11 Cultural Heritage
• WB BP/OP 4.12 Involuntary Resettlement
• WB BP 17.50 Disclosure of Operational Information
In case of projects implemented by private businesses or funded by the budget of Georgia, the land acquisition and resettlement process is regulated by the Georgian legislation, as described in the p. 1.1. The WB financed projects, in their turn, require compliance with the WB safeguards and guidelines. WB BP/OP 4.12 Involuntary Resettlement is one of the most important safeguards guiding land acquisition and related resettlement/compensation issues during the project implementation. According to the principles of host-country responsibility, Georgia is committed to implement the WB financed projects in compliance with the requirements of the World Bank policy documents and WB BP/OP 4.12 , in particular.
Generally, the Georgian legislation is compatible with the major provisions of the WB Resettlement Policy but a few important differences are to be noted. First of all we would like to stress the difference in philosophy: the Georgian resettlement legislation and practice is focused on the economic dimension of the social impact and the project implementing agencies usually consider resettlement needs as external impediment imposed on the project, - requiring resolution (mainly through simple compensation schemes). The WB approach is broader and stresses social impacts of development projects, which are not limited to direct economic effects of particular project. Consequently different perception of impact and different concept of resettlement strategies is proposed:
In relation with adverse impacts the WB Policy stresses that the resettlement impacts are not limited to the economic aspects of loosing the privately owned assets. “Resettlement can have serious repercussions that cannot be exclusively measured in economic terms. Breakdown of established community relationships, social disarticulation among people who find themselves in a different sociocultural environment after resettlement, and the psychological trauma of moving into an alien environment can be severe if efforts to design and implement resettlement programs are not sensitive to the needs and preferences of communities”. Consideration of broader context of the impacts requires adequate evaluation and planning to implement the set of measures, which could be accepted as “fair compensation”.
The resettlement concept is viewed by the WB in following way: “Well-designed and well-implemented resettlement can, however, turn involuntary resettlement into a development opportunity. The challenge is to not treat resettlement as an imposed externality but to see it as an integral component of the development process and to devote the same level of effort and resources to resettlement preparation and implementation as to the rest of the project. Treating resettlers as project beneficiaries can transform their lives in ways that are hard to conceive of if they are viewed as “project-affected people” who somehow have to be assisted so that the main project can proceed. Implementing resettlement as a development program not only helps the people who are adversely affected but also promotes easier, less-troubled implementation of development projects avoiding opposition from displaced persons (DPs).”
Considering the abovementioned understanding of resettlement impacts and challenges the WB resettlement policy is directed at improving (or at least restoring) incomes and living standards, rather than merely compensating people for their expropriated assets. This improvement of incomes and living standards broadens the objective of the policy to include the restoration of income streams and retraining of people unable to continue their old income-generating activities after displacement. The emphasis on incomes and living standards, in contrast to the conventional emphasis on expropriated property, expands the range and number of people recognized as adversely affected. Recognition of this broader range of adverse impacts leads to a greater appreciation of the issues to be considered in resettlement and consequently requires careful delineation of responsibilities, elaborate risk management and explicit and distinct resettlement planning.
This new view of the process poses practical and legal challenges to borrowers. The WB policy complements the Georgian legislation/regulation with certain additional requirements, which are mandatory for the WB financed projects. In particular, the WB Resettlement Policy (OP/BP 4.12) requests development of the appropriate planning/management instruments, like Policy Framework (PR) and Resettlement Action Pan (RAP).
Policy Framework (PR). A policy framework needs to be prepared if the extent and location of resettlement cannot be known at appraisal because the project has multiple components, as typically happens in sectoral investments, projects with financial intermediaries, and other projects with multiple subprojects. The policy framework establishes resettlement objectives and principles, organizational arrangements, and funding mechanisms for any resettlement operation that may be necessary during project implementation. The framework also assesses the institutional capability to design, implement, and oversee resettlement operations.
Resettlement Action Pan (RAP). All projects that entail resettlement require RAP. “The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement” (OP 4.12, Annex A, para. 2). RAP is location-specific and comprehensive action plan including preliminary studies (socio-economic assessment, sociological survey, census, valuation of impacts, and consultation with affected persons), a set of compensation/mitigation measures for each affected person/household, and detailed implementation plan with indication of responsible parties and schedule.
Below we provide short description of outcomes of the WB BP/OP 4.12, while full text of the document could be found in the Annex 2 of this manual.The WB Policy on Involuntary Resettlement, as defined in the OP/BP 4.12, is based on the following principles:
• Involuntary resettlement is to be avoided or at least minimized.
• Compensation/Rehabilitation provisions will ensure the maintenance of the Affected persons’ pre-project standards of living.
• Affected Persons should be fully informed and consulted on Land Acquisition and Resettlement compensation options.
• Affected Persons’ socio-cultural institutions should be supported/used as much as possible.
• Compensation will be carried out with equal consideration of women and men.
• Lack of legal title should not be a bar to compensation and/or rehabilitation.
• Particular attention should be paid to households headed by women and other vulnerable groups, such as Indigenous Peoples, and appropriate assistance should be provided to help them improve their status.
• Land Acquisition and Resettlement should be conceived and executed as a part of the project, and the full costs of compensation should be included in project costs and benefits.
• Compensation and resettlement subsidies will be fully provided prior to clearance of right of way/ ground leveling and demolition.
2.2.2 Comparison of Georgian Legislation on LAR and WB Resettlement Policy
Generally, as we have mentioned, the Georgian legislation (see p. 1.1 and annex 1) is compatible with the major provisions of the WB Resettlement Policy but a few differences are to be noted. The most significant of these differences is that under Georgian legislation/regulation, emphasis is put on the definition of formal property rights and on how the acquisition of properties for public purposes is to be implemented and compensated while in the case of WB policy emphasis is put both on the compensation of rightfully owned affected assets and on the general rehabilitation of the livelihood of Affected People (AP) and Households (AH). Also, in addition, the legislation of Georgia does not require any specific planning/implementation instrument like RPF or RAP based on extensive public consultations. The differences between the legislation of Georgia and WB policy are outlined in Table below
Table 2: Comparison of Georgia Laws/Regulations on LAR and WB Resettlement Policy
|Georgia Laws and Regulations |WB Involuntary Resettlement Policy |
|Land compensation only for titled landowners |Lack of title should not be a bar to compensation and/or rehabilitation. |
| |Non-titled landowners receive rehabilitation. |
|Only registered houses/buildings are compensated for damages/demolition |All affected houses/buildings are compensated for buildings |
|caused by a project |damages/demolition caused by a project |
|Crop losses compensation provided only to registered landowners. |Crop losses compensation provided to landowners and sharecrop/lease tenants|
| |whether registered or not |
|Land valuation based on replacement cost: (i) current market value where|Land valuation based on replacement cost. |
|active land markets exist; (ii) Reproduction cost of an identical plot | |
|where no active land markets exist. | |
|Land Acquisition Committee is the only pre-litigation final authority to|Complaints & grievances are resolved informally through community |
|decide disputes and address complaints regarding quantification and |participation in the Grievance Redress Committees (GRC), Local governments,|
|assessment of compensation for the affected assets. |and NGO and/or local-level community based organizations (CBOs). |
|Decisions regarding LAR are discussed only between the landowners and |Information on quantification, affected items value assets, entitlements, |
|the Land Acquisition Authorities. |and compensation/financial assistance amounts is to be disclosed to the APs|
| |prior to appraisal. |
|No provision for income/livelihood rehabilitation, allowances for |WB policy requires rehabilitation for income/livelihood, severe losses, and|
|severely affected or vulnerable APs, or resettlement expenses. |for expenses incurred by the APs during the relocation process. |
Considering the abovementioned differences, WB policy complements the Georgian legislation/regulation with additional requirements related to (i) the economic rehabilitation of all AP/AF (including those who do not have legal/formal rights on assets acquired by a project); (ii) the provision of indemnities for loss of business and income, (iii) and the provision of special allowances covering AP/AH expenses during the resettlement process or covering the special needs of severely affected or vulnerable AP/AHs. Therefore, during implementation of the WB financed project the RDMRDI is committed to ensure that:
• for each WB financed project appropriate resettlement instrument (RPF, RAP etc.) is developed in compliance with the WB requirements and Georgian legislation
• all AP will receive compensation or support of various kinds, without regard to the status of land registration and ownership in compliance with the active legislation of Georgia and the World Bank safeguard policy.
• AP will be informed about their rights and existing alternatives;
• AP will be consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives;
• AP will be offered effective compensation at full replacement cost for losses of assets;
• AP will be provided with assistance during relocation if resettlement is not avoidable;
• AP will be provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, advantageous location, and other factors, is at least equivalent to the advantages of the old site;
• AP will be offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;
• AP will be provided with development assistance in addition to compensation measures described, such as land preparation, credit facilities, training, or job opportunities;
• Special attention will be paid to the needs of the most vulnerable groups of the population – children, women, the elderly, those below the poverty line, disabled, refugees, etc.
• Develop a fair and accessible grievance redress mechanism.
• Compensation measures are completed prior to start up of the construction activities considered by the project.
To reconcile the gaps between the Georgia laws and regulations and WB Policy provisions, RDMRDI has to develop new and comprehensive RPF and project-specific RAPs ensuring compensation at replacement cost of all items, the rehabilitation of informal settlers, and the provision of subsidies or allowances for AFs that may be relocated, suffer business losses, or may be severely affected.
Annex 2.
Baseline Environmental Data
1. Air Quality, Noise and Climate
Air Quality
Before the breakdown of the Soviet Union, the State Hydro meteorological Services were responsible for regularly measuring the concentrations (3 times daily) of the basic air pollutants: particulate matter, SO2, NO2 and CO, as well as some specific pollutants from local stationary sources. These measurements were carried out in Georgia until 1991 in 11 large cities at 33 measuring sites. Over time, however, their scope has slowly been reduced. Reliable measurements of air quality after 1994 are not currently available. In most cities the maximum allowable concentrations (MAC) are exceeded. Table below gives the ratio of the measured concentrations at the municipal measurement stations to the maximum allowable values for four cities: Tbilisi, Kutaisi, Batumi and Rustavi.
Air Emissions
Road traffic is the major source of air pollution in Georgia, followed by the energy sector and industry. Traffic intensity is high in larger cities and, in extreme cases, it amounts to 60,000 vehicles per day (e.g. in Tbilisi).
Georgia has about 3000 stationary sources of air pollution in its main industrial sectors such as energy, iron and steel, chemical and petrochemical, timber and paper, and food. At present, however, few are working at full capacity. The total emission of selected air pollutants is presented in table below. These data are obtained with the use of the CORINAIR methodology, on the basis of emission indicators and activity indicators (mainly in the form of energy consumption or production rate) for different sectors. They include the following stationary sources: power stations, fuel combustion in both industrial and non-industrial enterprises, and industrial processes. Mobile sources include road transport, railway transport, air transport, marine transport and “other” mobile sources.
| |
|Emission of harmful substances into the atmospheric air, their treatment and utilization ton/year |
|Kakheti Region |
|Number of enterprises - 23 |
|Name of harmful substance |Quantity of the harmful |including |% of catching the |Increase in emission |
| |substance emitted from | |harmful substance |(+)/decrease in emission|
| |stationery sources | | |(-) as compared with the|
| | | | |previous year |
| | |the quantity caught up|including |emitted into the | | |
| | |in the premise | |atmospheric air | | |
| | | |caught |the utilized out of the | | | |
| | | | |caught quantity | | | |
|Total |1344,803 |
|solid |1303,329 |
|sulphur dioxide |14,125 |
| |2001 |2002 |2003 |2004 |2005 |2006 |2007 |
|Shida Kartli |374 |1825 |2871 |3451 |3063 |3748 |6485 |
|Kvemo Kartli |7522 |5339 |5193 |5786 |5502 |7479 |200 |
|Tbilisi |697 |255 |188 |317 |342 |304 |4676 |
|Samegrelo-Zemo Svaneti |74 |113 |40 |29 |754 |658 |11089 |
|Samtskhe-Javakheti |40 |62 |149 |227 |152 |192 |1836 |
|Kakheti |108 |6 |430 |79 |42 |110 |128 |
|Racha |47 |17 |3 |164 |45 |44 |972 |
|Adjara |4425 |5452 |3680 |2934 |4529 |4429 |80 |
|Kvemo Svaneti-Lechkhumi |10 |17 |8 |43 |135 |67 |120 |
|Imereti |482 |464 |3629 |6979 |8985 |9880 |27 |
|Mtskheta-Mtianeti |381 |541 |566 |554 |515 |523 |1645 |
|Guria |26 |28 |22 |20 |224 |150 |42 |
|Total |14186 |14119 |16779 |20583 |24289 |27584 |27300 |
Noise
The Scientific Research Institute of Environmental Protection until its dissolution was responsible for the monitoring and management of noise, but there is no systematic nationwide monitoring of noise, because of limited resources. Noise is measured as a response to complaints by the public.
From 1999 to 2002, noise was measured in five sites in Tbilisi. The noise level at 7.5 m above the curb ranged from 71dB to 80 dB. Railroad noise 25 m from the track was 65 dB during the day and 63dB at night. Noise was also measured in 1999-2001 in Rustavi (73-75 dB), Poti (72-74 dB), Telavi (70dB) and Gori (72 dB). According to European standards, the maximum noise level for urban areas is 65 dB during the day and 55 dB at night. These sporadic measurements indicate that traffic noise has reached disturbing levels in the major cities, and the levels are expected to increase due to a rising trend in traffic density.
Therefore, there is no sufficient information to be sure that along the road section Vaziani – Gombori noise level is within the standards, although the expectations are that no real problems should arise in that regard. However, at the detailed design and EIA stage there is a need to monitor noise levels near the settlements and consider preventive measures against noise in planning.
The current Georgian standards for the noise level are based on former soviet sanitary norms No. 3077-84 and specify different noise levels for different zones. The most relevant standards are the noise limits inside the residential building and outside it (at the wall) which are as follows:
Inside the residential buildings:
For Leq (7a.m. - 11p.m.) the indicative(equivalent) sound = 40dB(A), maximum level = 55dB(A)
For Leq (11p.m. - 7a.m.) the indicative(equivalent) sound = 30dB(A), maximum level = 45dB(A)
Outside the residential buildings (measured at the wall):
For Leq (7a.m. - 11p.m.) the indicative(equivalent) sound = 55dB(A), maximum level = 70dB(A)
For Leq (11p.m. - 7a.m.) the indicative(equivalent) sound = 45dB(A), maximum level = 60dB(A)
Climate
The orography and direction of the average- and high-relief of Tsiv-Gombori plays the role of a peculiar barrier to form different climatic zones reflected in its landscape-and-climatic peculiarity. The relief is represented by forest and forest-steppe vegetation, partly transformed into secondary meadows, with moderately humid climate with quite different meteorological elements. Following the mentioned, we give the full characterization of the Ridge climate based on the analysis of the data provided by three weather stations (Gombori, Telavi and Sagarejo).
Depending on the zone of the section of the Ridge, the characteristics of the main meteorological elements determining the climate are significantly different. For example, the average monthly and annual air temperature, according to Gombori weather station is 11,20. Accordingly, the temperatures of the coldest months are: 0,1-2,7º for Gombori (XII-II) and the absolute minimum of the positive air temperature of the whole year for Sagarejo is: -270 for Gombori and -230 for Telavi, with the average minimum of: +3,8 for Gombori, +80 for Telavi, +6,60 for Sagarejo. The absolute and average maximums of air temperatures are: +35/13,60 for Gombori, +390/16,30 for Telavi, +38/16,30 for Sagarejo. The direct (S) and aggregate (Q) solar radiations on the horizontal surface of the southern exposition, according to the weather station are: for Gombori: S-29, Q-58 (in January); S-66, Q-138 (in April), S-111; Q-199 (in July); S-56, Q-100 (in October); the same indicators according to the data of Sagarejo weather station are as follows: S-33, Q -76 (in January); S-76, Q-144 (in April), S-136; Q-200 (in July); S-52; Q-104 (in October); On the northern exposition slope of the Ridge the characteristics of the solar radiation, according to Telavi weather station, are as follows: S-28, Q-57 (in January); S-65, Q-130 (in April), S-119; Q-199 (in July); S-52, Q-92 (in October); As the data suggest, the solar radiation significantly increases on the southern exposition in the summer and autumn periods. Accordingly, the average monthly air temperature changes from 8,5-8,6 (December, January) to 10,6-10,80 (May-June) (in Gombori); from 7,9-8,1 (January, December) to 10,8-11,4 (May, July) (in Sagarejo) and from -7,4-7,6 (December, January) to 10,4-10,50 (June, July) (in Telavi).
Relative air humidity is: in Sagarejo: average annual value is 69%, in the coldest month it is 61%, in the hottest month it is 52%; in Gombori the average annual value is 75%, in the coldest month it is 63%, and in the hottest month it is 62%; in Telavi the average annual value is 69%, in the coldest month it is 69%, and in the hottest month it is 46%.
The value of the annual atmospheric precipitations in Telavi is 795 mm and that of the daily maximum precipitations is 147 mm. In Gombori the annual atmospheric precipitations are 807 mm and the daily maximum precipitations are 111 mm; in Sagarejo the annual atmospheric precipitations are 760 mm and the daily maximum precipitations are 102. The greatest average of the decades of snow cover among them is 12 cm. The number of days with snow cover is 47; for Gombori, the greatest average of the decades of snow cover and number of days with snow cover are 28 cm and 74, respectively, and for Sagarejo the same values are 14 cm and 41, respectively.
The numbers of clear and cloudy days in Telavi are 136 and 48, respectively; the same values for Gombori are 88 and 78, respectively. The average numbers of foggy days in Telavi, Gombori and Sagarejo are 42, 49 and 61, respectively
2. Geology and Geomorphology
Natural Conditions and Geography of Vaziani-Gombori-Telavi road section km 1-km66 and alternative ways
Introduction
Based on the Roads Department order, in 2008-2009 the Institute ‘Transproject” has proceeded with engineering-geology study concerning the Vaziani-Gombori-Telavi road and its probable alternatives ways.
At present, the section of the mentioned road Gombori-Kobidzeebi (nearly 12 km long) is under high risk of geo-hazard processes. This section exposed to frequent deterioration due to land sliding processes, resulted in road closure for some months. Therefore, finding the fundamental landslides mitigating measures or alternative alignments avoiding the landslide area is in question.
Should be mentioned that past time, the road alignment crossing over the Gombori Pass was considered as the most optimal alignment, due to relief conditions, geological structure and low hypsometric location of the Pass.
Physical-geological properties of the study area
Geomorphologic peculiarity
Orographically Tsiv-Gombori ridge demonstrates the watershed of the rivers Iori and Alazani. Geo-tectonic structure, morphostructural nature and morphological peculiarity significantly differ within the various sections of the ridge. Its NW part, directly merging with the South-East branch of Caucasus – Kaheti ridge, tectonically belongs to Southern folded system of Caucasus and is mainly structured with Pre-Miocene age flysh carbonate deposits.
The sub-meridian structure of the ridge represents the contemporary tectonic uplift of Mtatusheti depression, built with Pliocene molasses. The ridge extends for almost 90 km with maximum width 20-22 km. Its NW section starts within the area of mountain Shavkhvetia, links with Khaheti ridge, elongates to the SW and ends in the vicinity of city Signagi, fully built with Pliocene molasses.
So, the structure of ridge clearly demonstrates two Elevations: the lower which is intensively folded and tectonically disrupted by the Mid-Miocene age sedimentary deposits and the upper elevation, which is occupies the east part of the ridge (to the East of Gombori Pass) and is structured by Upper-Pliocene loosen conglomerates being extremely sensitive to erosion-denudation processes. Due to their sensitivity, the sediments are washed out and continuously stretch only from the East of Tsivi Mountain.
The Tsiv-Gombori ridge, together with its geo-tectonic structure, modern tectonic nature, young relief and development of geodynamic processes represents the unique model of young mountain system in total Caucasus.
Morphologically the Tsiv-Gombori ridge is an internal uplift of Mtkvari depression cavity. The ridge within the short period of its development, experienced the uplift by 1500-2500 m amplitude and at present experiences the raise in height by 6-8 mm annually. Though, together with the general phone of such rate of elevation, simultaneously, intense erosion –denudation processes were going on, resulted in washing out and 500 m descending during the Quaternary age period.
Despite the ridge morphology maintains the direct accord with the neo-tectonic structures; in relief details the considerable deviations from the structural lines are noted.
The axial direction of the ridge crest – from Gombori Mountain up to the crossing of the rivers Chailuri and Kisiskhevi, with high hypsometric elevation (1681-1991 m) and molasses structure, moved to the North-East by 200 m –in the area of Alazani anticline wing, placing the watershed basins of the rivers Kisiskhevi, Chermoskhevi and Turdo under gravitational processes. This is the reason why the ridge has monoclinic structure shape in this section, whereas, the extremely intense gravitational processes going on the South-West slope of the ridge, give the ridge the cuesta-like morphology.
On the phone of active neo-tectonic movements and associated intensive erosion –denudation processes the Gombori ridge demonstrates mid mountainous and hilly relief, having the highest hypsometric elevation in its central part – on Gombori mountain (1864m) – mountain Tsivi (1991m), mountain Manavistsveri, though the ridge to the NW from Gombori mountain keeps the hilly relief.
From the M. Manaviststveri hypsometrical characteristics of the ridge gradually descend and in the vicinity of the village Chermi reach 1200-1300 height, next within the area of Chalaubani pass to 750 m and in the vicinity of Signagi city by the hillock relief merges, on the one hand with the Iori thrust and on the other hand by the cliffy slope leads to Alazani valley.
The obvious asymmetry of Tsiv-Gombori ridge is caused by the young tectonic structure. The North-East slope is rather long and less inclined than the South-West slope, which with the steep inclination leads to the river Iori terrace, while the surface of both slopes is fully occupied with cliffy terrain, permanently producing the gravity formations.
So, the micro and mesorelief formation of Tsiv-Gombori initial morphostructure is fully conditioned by the extremely intensive erosive, torrential and land sliding processes.
The predominant relief of Tsiv-Gombori erosion-denudated micro and mesorelief is represented by Paleotype and Cyanotype formations. Paleotype relief formation has the peneplain surface, which is buried under molasses being extremely sensitive to erosion-denudation processes. Such type surfaces are fixed in the vicinity of watershed of the rivers Didrikhe and Shavkaba, on Bakana territory and floodplain of the river Chermiskhevi and on other territories having 100-1500 m elevation. Cyanotype erosive formations demonstrate the rivers Alazani and Iori contemporary gorges, elaborated by tributaries of rivers. (Kistaura, Khodasheniskhevi, Turdo, Kisiskhevi, Chermiskhevi, Papriskhevi, Gomborula, Jatiskhevi, Sagarejoskhevi, Chailuriskhevi and etc). The total length of erosive network of rivers exceeds 1500 km, though, due to sensitivity of geological structure the extension of erosion territory varies within the margins 0.5-3.5 km/km2. Maximum value of erosion extension coefficient comes on upper line of river basins structured with molasses, forming a typical badland relief. Such types of relief are demonstrated to the South-West of Gombori Pass, classical types of badland relief are gorges produced by the rivers Sagarejoskhevi, Lapainiskhevi, Turdo and other rivers basins, particularly the river gorges developed on the south slope of the ridge. Down cutting depth of the rivers gorges is 300-1000 m, mainly they have the box shape, bottom of which are filled with torrential layers, the lower line of gorges produce the loop shape wide detrital cone.
Should be mentioned that all rivers and gorges occupying both slopes of the ridge are vulnerable to erosion-denudation processes and have mudflow-transformative nature.
The both slopes of the ridge have dry gullies and channels forming a typical badland relief with numerous mudflow and gravity formations, mostly structured with molasses, particularly in the vicinity of Gombori Pass and Chailuri river basin. Extension coefficient of erosive gullies and channels is 5-10 km/km2. Due to geological structure of river basins, significant difference is noted in the morphology of badland relief. Badlands, which are elaborated in sensitively homogenous clay-sand facies, together with intense gravitational processes form as well the land sliding formations. Typical model of badland relief is the river Lapiani basin upper line. Badland relief is developed in such formations of molasses, where mostly loosen conglomerates and clayey facies are spread. Under the conglomerate gravity steep edge, in the clay-sandy formations, there are badland relief and mudflow-transformative dry gullies formed.
Landslide relief is widely developed in Tertiary formations, mostly in Oligocene-Miocene formations and slope sediments. Area of landslide distribution exceeds 4-10 km2 and covers the basins of the following rivers: Gomborula, Lapiani, Turdo, Chermiskhevi, Didrikhi, and Papriskhevi. Telavi-Motsantsara. Small size lowered spots of the trench-like of suffusion origination is also spread in the area of both slopes of Gombori with small lakes originating in some of them.
Geological structure of the Tsviv-Gombori ridge and rocks specifications
Tsiv-Gombori ridge morphostructure demonstrates depression significantly complex with inner local structures and overthrust disjunctive disturbances. The Tsiv-Gombori morphostructure was created within the Jinvali-Gombori allochtonous sub-zone of Mestia-Tianeti folded zone. The north wing of the formation is represented by chalk carbonate flysch. Orkhevi overthrust is the south branching of Cretaceous flysch , where chalk flysch is crept over the Paleogene-Neogene deposits.
The lower structure of the ridge represents the anticline fold, which is buried under Mio-Pliocene molasses. The latter, creates the asymmetry shape anticline arch, with severely steep north wing and high inclination south wing, the crest zone of which is washed out.
Mio-Pliocene folds have like coulisses disposition , from where can be outlined some anticline and syncline folds, in most cases complicated with secondary small size folds, tectonic faults and exotectonic processes due to land sliding and gravity events. Should be paid attention to Ivliani syncline, Chapuari anticline, Khandsikhevi syncline, Vashlovani anticline and syncline, Verona anticline which arch part is disrupted with Simonianiskhevi-Gombori overthrust. The North wing of the structure totally covers its South wing and from the morphology point of view is well outlined in relief. To the South of Verona anticline the Ertso syncline fold is located, which is built with Middle and Upper Sarmatic and Mio-Pliocene deposits. The North wing of the fold sinks under the Simonianiskhevi-Gombori overthrust. To the South of Ertso syncline the Jati-Khinchebi anticline is located, the arch part of the fold is structured with Middle Sarmatic deposits and complicated with disjunctive thrust. To the South of these anticline structures Palda syncline is located.
In general the leading role in formation of Tsiv-Gombori morphostructure, tectonic folding and geodynamic complications takes on the Orkhevi overthrust. As a result the NW wing of the anticline on several sections is crept on younger geological formations. Orkhevi overthrust zone is well outlined tectonically and morphologically within the area of the village Rusiani and Gombori pass, where the chalk flysch is crept on deposits of Maikop formation, and the latter on Middle Sarmatic sediments. To the East of Gombori pass the Orkhevi is covered by Pliocene conglomerates. Maikop formation has the shelled structure and the deposits are severely fractured and mixed. Maikop formations of gorges of the rivers Chailuriskhevi, Navtiskhevi and Lapianiskhevi are characterized with complex tectonic nature, both from the North and the South they are bounded with tectonic dislocations and reversed folds.
On the territory of the village Vashlovani due to the contact of Orkhevi thrust with another tectonic thrust, running to the North, the Maikop formations are jammed, therefore the chalk flysch directly contacts with Upper Sarmatic deposits. To the West direction, the South of the village Omarula, the thrust is outlined by Omarula river gorge runs on the south slope of the Satibe Mountain. Within this place the Cretaceous slopes are in direct contact with Upper Sarmatic deposits.
The spot of Tsviv-Gombori ridge, where the road Tbilisi-Gombori-Telavi passes and are considered the probable alternative ways, is structured with Cretaceous and Tertiary age deposits. Should be mentioned, that in the ridge structure the dominant deposits are the deposits being very sensitive to land sliding, gravitational and erosion torrential processes. Therefore the ridge is under high risk of their reactivation.
Stratigraphically, the North slope of the structure is built with the oldest deposits, represented by cretaceous - terrigenous and carbonate deposits.
The lower Cretaceous flysch deposits are represented by the name “Tetrakhevi formation”, which continuously run through the upper zone of the ridge North slope, from Orvili to the river Kisiskhevi. The deposits of “Tetrakhevi formation” are exposed on the upper parts of gorges of rivers Tetrakhevi, Kisikhevi, Vashlovaniskhevi, Rusianiskhevi, Khodasheniskhevi, Shavkabaskhevi and anticline structure of Shroshani.
Lithologically, they are represented by clay facies of different consistence. They are represented by the alternating layers of aleurolitic turbidities clayey sandstones, marls and marly lime stones. Clay facies ( 60%) with various contents of sandstones (25-30%), Marls (15%) is dominant everywhere in the profile. These deposits are severely dislocated and fractured thus reducing already low strength and stability of the rocks.
Characteristics of comprehensive physical mechanical and geotechnical properties of deposits and other engineering-geological elements are referred to study area include the engineering-geology mapping materials, developed by the “Sakgeology”.
The predominant clay deposits are characterized with low litification. It decomposes as extremely thin and narrow isomorphic plates in the weathering zone. The thickness of deposits varies within 5-2 cm up to 60-80 cm, sometimes 1.5-2 cm. the clayey deposits are represented by marls and argillites, clay sand. Consequently the consistence and strength varies from low to high density.
[pic]
Photo 2. Seismic-gravitational block structured with Upper Sarmatic deposits (Verona Maunation)
Clay deposits are carbonate deposits, they have no resistance to weathering, clayey deposits consist of 90.6% of clay fraction, quartz -5%, and calcium carbonates – up to 10%. The ground density of clayey deposits is 1.82 gr/cm3, specific gravity 2.73 gr/cm3, content of clay fraction 92%, sand -7%, dusty particles – 1%, plasticity number varies between 17-26,78, rolling limit is 37-54.66, design resistance is 2.4 kg-force/cm2.
The flysch formation sandstone layers are represented by fine and coarse grained fraction, Sandstones are cemented by carbonate and clay facies, in some sections the coarse grain fraction sandstones change into the micro conglomerate structure, with maximum thickness 1.0 m. The strength of unweathered sandstones in natural conditions is 53-60 MPa, in water saturated conditions the strength drops up to 30-47 MPa and mostly is characterized with swelling property. The strength and stability of weathered sandstones significantly falls.
The density of flysch formation marl rocks is 2.54 gr/cm3, porosity is 1.40%, water absorption – 1.57%. The strength of marls in natural conditions is 95 MPa, in water saturated conditions – 74.6 MPa.
From the point of view of hydrogeology the predominant clayey deposits actually represent the water-free complex. Existing Sandstone interlayer more or less create weak water-bearing environment. Water-bearing ratio increase is mentioned in weathered strata, developing the torrential and land sliding processes.
Stratigraphically, the Upper Cretaceous carbonate flysch covers the Cenoman-Santon and Campan-Mastritic formations. These types of deposits disjunctively forms the Tsiv-Gombori North Slope and are exposed in the gorges of the rivers Orvili, Khodasheniskhevi, Kisiskhevi, Shavkaba, Turdo, Mgvrie, Kobidzeebis Khevi, on the territory of Gombori and Dardavi Mountains and village Tetritskhali.
Lithologically, these deposits are represented by clastic-loams and sandstone aleurite turbidities, marls, argillites, boulder-breccias, conglomerates with gravelite interlayer. They are characterized with intensive folding, differently inclined layers, within 20 ( -80 (. The folds are reversed, rocks are disrupted and dissectioned by tectonic overthrust and faults.
Most of gorges are developed along the tectonic faults. The Upper Cretaceous flysch deposits belong to deposits, having various strength. Below is given the table indicating the physical and mechanical properties.
Table 1.
Physical and mechanical properties of Upper Cretaceous carbonate flysch
|Deposits and |density m/cm3 |water absorbion |porosity% |hardness in |hardness in water |softening |
|its stratigraphical range | | | |natural |saturated |coefficient |
| | | | |conditions |conditions | |
|1 |2 |3 |4 |5 |6 |7 |
|Senoman Santonic sandstones on | | | | | | |
|clay-carbonate cement | | | | | | |
| |2,50-2,60 |0,80-4,35 |1,52-1,94 |54,2-123 |39,5-76,6 |0,62-0,72 |
|Tuffigenous sandstones | | | | | | |
| |2,17-2,50 |0,90-3,40 |_ |48-60 |45-56 |0,75-0,85 |
|Llimestones | | | | | | |
| |2,50-2,55 |0,70-0,81 |1,05-4,98 |44,2-152 |40-137 |0,75-0,82 |
|Masstritic marls | | | | | | |
| |2,2-2,6 |_ |_ |36-85 |29-96 | |
|limestons with sand | | | | | | |
| | | | | | | |
|Tuffigenous sandstones |2,58 |2,94 |0,50 |154 | |0,75-0,82 |
| | | | | | | |
| |2,4-2,7 |_ |4-7 |48-60 |45-56 |0,75-0,85 |
The tectonic disruption and fissuring greatly impacts on the stability of the listed deposits. The weathering bed thickness varies within 3-15 m margins, where according to the inclination of relief surface two-three zones are outlined. The complex of carbonate flysch has water-bearing nature. Mostly underground water comes out of cracks. Underground water inflow is unloaded in upper water-bearing horizons. Springs flow out and the flow rate of the springs varies between 2.5- 12-15 l/sec. The most sensitive deposits of Tsiv-Gombori morphostructure are represented by the Oligocene-Lower Miocene marine clayey facies and Upper Pleistocene molasses.
The deposits of Oligocene-Lower Miocene age (so called “ Maikop Formation) are exposed On Gombori Pass area, from the North of village Gombori to the village Kobidzeebi. The deposits of Maikop formation are exposed as well on the territory of the village Patardzeuli, in the gorges of rivers Lapianiskhevi, Orvila, Kodasheni and in the basin of the river Turdo.
The predominant deposits of Maikop formation are sandy loam and clayey facies. The lower section of the formation is represented by dark grey clays, marls, gray and greenish-grey fine grained sandstones, the thickness of each layer varies between 0.3-1.0 m. Sometimes interbeds of white sand and loosen carbonate sandstones are met among the clayey facies. Carbonate sandstones have aleuritic structure and mostly consist of quartz and feldspar.
Clay deposits are non carbonate, moderately lithified, slightly sandy. In non weathered zone they have black and dark grey color. In the weathering zone the structure of deposits becomes thin and turns into the chocolate brown color. The thickness of Maikop formation varies between the margins 550-1200 m. Clay layer thickness is 1.5 m, sometimes they create 30-50 m thick slates, sandstones – 5-10m; In total the clay content in Maikop formation is 80%, sandstones – 20%.
Generally, the Maikop formation has the shelled structure, due to tectonic movements, overthrust and faults. The deposits are dislocated and mixed. On several sections they are covered with Cretaceous flysch deposits (in the vicinity of Gombori pass). Sometimes these deposits cover much younger Miocene deposits (in the vicinity of the villages Verona, Jati, Patardzeuli and etc). The physical and mechanical properties of these deposits are considerably decreased.
The natural humidity of clayey deposits is counted up to 29.8-55%. The overthrust and fault zones are characterized with the highest moisture content and water-saturation. The ground density varies within 1-85-1.96 gr/cm3; plasticity number – from 11.5-13 to 22.81%, rolling limit from 30-37 to 52-58.76%, consequently clay grounds according to their humidity and water receptive characteristics change from plastic to hard consistency. The softening ratio is 15-28.9%. The internal angle of friction under natural conditions is 15-17(.
Mechanical properties of sand due to its mineralogical and cementation content varies from dense and hard consistency to loosen structure. Mostly their consistency is greatly changed in weathering zone. The ground density 2.05-2.12 gr/cm3, porosity -10.77 -11.29%, water absorption 14.58-16.14 %. The hardness in natural conditions –12.6-18.0 Mpa, in water saturated conditions the hardness falls up to 4.9-5.1 Mpa.
In total, the deposits of Maikop formation create the watertight horizon. Water comes out only in the zones of tectonically fractured deposits and significantly reduces the stability factor of deposits. In such area, slopes are intensively penetrated by water with outcrop of springs. The discharge rate is 0.01-0.008 l/sec. The non pressed water circulation is mentioned in Upper weathering horizon, and the pressed water circulation is connected with tectonic faults. Chemical composition of underground waters is of hydrocarbonate-sulfate, calcium and sulfate-natrium types.
The South slope of Tsiv-Gombori ridge is built with sedimentary and continental facies. Among them the Lower Sarmatic marine deposits are met (within the vicinity of the villages Patardzeuli and Khashmi), which are represented by fine grained grey sandstones with clayey intelayers. The total bed thickness is 280 m.
The profiles of Middle Sarmatic marine molasses are exposed in gorges of rivers Gomborula, Lapianiskhevi, Patardzeuliskhevi and Tvaltakhevi, in the vicinity of villages Patardzeuli, Manavi, Gombori and city Sagarajo. The Middle Sarmatic deposits are represented by two facies:
a) Sand-clay, hard clays interbeded with thin hard sandstones;
b) Oolites, interbeded with clays and sandstones.
The bed thickness of Middle Sarmatic deposits reaches to 1100-1300 m.
Mostly are wide spread the Miocene age, Upper Sarmatic conglomerate-freshwater facies, which are represented by conglomerates and clays, their bed thickness vary from 900 m (Gombori) up to 1400 m (Lapianiskhevi river basin).. The Miocene age deposits are intensively spread in narrow folds, layers have different inclination, from 15-500 nearly the vertical, in addition these deposits are severely disrupted by the fresh tectonic faults. The lithological variety and tectonic disturbance greatly impacts on the engineering-geological properties of deposits, which are respresented by soft, semi rocky and loosen rocks.
The predomonant deposits of the profile are clay deposits. They are characterised witg compact and high density consistence, with laminated and non laminated texture. The thickness of some layers is 5-10 m. Their physical and mechanical properties are as following: natural moisture content – 16-25%, density under natural humidity – 2.02-2.18 gr/cm3, plasticity number varies between 12.51-25.13, yield limit 31.41-44.51, porosity 31.60-41 %> The deposits are characterised with low collodial activity, the softening factor varies within the limits 10-21.4%, they are waterproff.
The specific weight of limestones is 2.54 gr/cm3, porosity is 2.10%, water absorption – 1.93%. The shear resistance under natural conditions is 83 MPa, in water saturated conditions – 59 MPa.
Conglomerates are well developed on the Upper limit of Miocene section. The are represented by well refined and graded fine and medium shingle and magma sediments, weakly cemented with carbonate sandy clays, with interbeds of carbonate mineral materials. The bed thicknesses of individual layers of conglomerates vary from 0.5-1.5 to 5-15 m. The shear resistance under natural conditions is 15-20 MPa, in water saturated conditions –9-12 MPa. Conglomerates are easily getting soft in water, the structure easily disrupted and active gravitational processes take place.
Miocene formation sedimentary rocks, sandstones, limestones and conglomerates are water saturated. Draining of water is greatly interrupted by the clay interbeds, ground water discharge happens on the boards of erosive gorges and gullies. The water flow rate varies within the margins 0.01-0.5 l/sec. The mentioned ground waters according to their chemical composition, are mainly hydrocarbonate-sulfate-calcic-natrium type, hydrocarbonate-chloride-natrium-magnesium, with mineralization 0.367-0.87 gr/l.
Upper Pliocene continental deposits are most widely spread in morphostructure of Tsiv-Gombori ridge. Continental-molasses are predominant deposits to the South-East of Tsiv-Gpombori ridge including the ridge crest part.
According to litological-facial sign, there are represented by weakly cemented, of almost loose structure of conglomerates, sandy clays, soft sandstones and volcanic ash interbeds. The bed thickness of this formation is 2000 m and is represented by uniform facies, where in the Upper and lower sections are exposed 80% of conglomerates with loams and hard sand interbeds. In the middle of the section the clayey facie with sand is dominant. The bed thicknesses of individual layers of conglomerates vary from 0.5-1.5 to 2.0-3.0 m.
The bed thickness of individual pack of conglomerates in the Lower and Upper part of the profile varies within the frames of 2.5-10-20 m. Conglomerates are well laminated and represented by various diameter fraction, without any regularity. The shingle exceeds 10-15%. Litological-petrographic composition of stratum evidences that the Caucasian and Ajara-Trialeti sedimentary deposits are dominant, though there are outlined the existence of volcanogenic rocks. For example, within the vicinity of Gombori Pass big size (1.5-2 m diameter) granite boulders are met, as we suppose these deposits could be from Dzirula and Locki massif. From the total volume of conglomerates the content of material above the diameter of 10-22 mm is 57-81%, with diameter 10-2 mm – 4-18%, sand fraction as a filler – 15-22%, dust particles -7-8%. Specific weight of conglomerates -1.20-1.99 gr/cm3; The shear resistance of cemented conglomerates is 8-9 Mpa. Conglomerates are easily getting soft in water, the cemented structure easily disrupted and active gravitational processes take place.
In respect of geological structure of Molasse formation, the clayey facies are represented by clays itself and by loam. Mostly clays have pelitic texture (98%) and montomorillonite content of hard and semi-hard consistency. Their physical-mechanical properties are as following: the specific weight -1.92-2.2 gr/cm3; upper yield limit is 35.25-52.6, number of plasticity -17.6-27.61; Their natural moisture is 19.47-23.4%, porosity is 33-44%, shear resistance indicator under the water saturated condition is 16%, internal friction angle - 10°15´-22°20´ adherence is 0.650-0.850 kg/cm2.
Loams are of hard and semi-hard consistency. Their specific weight -1.89-2.28 gr/cm3; yield limit is 25.40-36.13, number of plasticity -7-15; Their natural moisture is 19.47-23.4%, shear resistance indicator under the natural condition of humidity - 23°17´-27°15´, shear resistance under water saturated conditions - 18°17´-23°15´, consequently adherence decreases from 0.100-1.500 to 0.50-0.200 kg/cm2.
Molasses are characterized with good transmissibility of precipitations and belongs to the water-bearing complex. In the zone of ridge water streams down the slope, where the slopes are sunk under the prolluvial sediments and becomes pressed. Underground water discharges in the ersoive gorges, on the surfaces of loams and greatly promotes to development and activation of landslides and gravitational processes. At places where the surface of the relief is represented by conglomerates, during the each heavy rainfall the areas are strongly washed out. In total, the erosion is the main cause for triggering of landslides and torrents. The territory being structured with molasses is heavily damaged by landslides and permanently stays under by high risk of geo-hazard.
Geodynamic Hazards at Tsiv-Gombori ridge and risk of the road passing on Gombori pass.
Introduction
By the point of view of development of hazardous geological processes in Georgia, the Tsiv-Gombori ridge region belongs to the extremely tensed region of Georgia. Here, the intensive development of natural disaster processes cover 80-90 % of the total territory. The natural disaster processes are more active within the area where molasses are spread. Particularly on the south exposition of the ridge, where the crest section of the ridge is removed by 200 m to the north, thus enveloping the upper section of the water gathering basins of rivers Kisiskhevi, Chermiskhevi and Turdo.
It is worth to mention that from 700 landslide area which were explored in 2000 by The Department of Geology of Georgia, 300 landslides mass was fixed on Kaheti teriitory. Only in Telavi region by the natural disaster processes was damaged the 8300 ha area, needing urgent recovery measures. There were fixed the lands of 5700 ha area being under high risk of disasters.
The landslides and debris flow highly impact on the inhabited areas, rural lands and roads located along the foothills, which is vulnerable to high risk zone by its geological structure sensitivity, high energetic potential of relief, tectonic stresses, intensive erosion and natural disasters wide scale development. Geological and climate conditions are greatly supported by the intensive human interference.
The Land sliding and gravity events are induced in all kinds of engineering-geology formation. These processes damage not only the population and engineering objects, but they take as well the active part in developing of great scale mud torrential processes. All landslides and gravity events are differ from each other with various times of origination, voluminosity and activity. Here are some landslides which deformation depth does not exceed the aeration zone. The depth of some landslides is determined in dozen meters and is characterized several with overthrust surfaces.
Reasoning from the landslides trigger factors relating to landslide genesis, dynamics and movement here are outlined two main groups of landslides:
1. Consistent (Hydrogenic) type landslides, triggering of which is totally connected with the liquefied slope due to intense infiltration of precipitation and impact of underground waters. The physical properties of the deformed deposits declines to critical level of shear. Such type of landslides mostly are formed within the margins of aeration zone and are mostly connected with slope sediments;
2. Landslides of seismically-triggered nature – are mainly connected to the disruption of rocks and weathering of its crust. The stress slopes dislocated in tectonically fault zones are instantly affected by earthquakes, what leads out the slopes from marginally stable conditions and form vast landslides and rock avalanches. Seismic-gravitational landslides are characterized with sharply outlined margins in relief. Each of them is enclosed by landslide paths including the disrupted rocks and unconsolidated materials of highly disaggregated and fast-moving falls.
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Photos 3 and 4. The activated landslide on Gombori pass, the Upper Cretaceous carbonate deposits are crept on Oligocene deposits.
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The landslides developed on both slopes of the Gombori Pass, in the gorge systems of the Kisiskhevi, Lapiani, Mgvrie, Kodasheni, Bakana and etc. are the typical representative of seismically triggered landslides. In concern the mentioned, the most difficult situation is identified on Gombori Pass territory, where the road is passing, on the both side of slope, in the vicinity of the village Gombori and Kobidzeebi and covers nearly 40 km2 area. The landslides which are debeloped in the mentioned territory have the heterogenic nature. The slope deformation is mainly developed in the main complex Oligocene clay rocks and surface clayey sediments. The slope deformation developed in the main structure of deposits is greatly connected with Jinvali-Orkhevi tectonic overthrust zone, which passes on the boundary of the Cretaceous and Tertiary sediments, runs to the east of Tsiv-Gombori ridge and ends in Iori plain area.
The main factor giving rise for triggering such type of landslides is the seismic shaking; For the last five centuries the earthquakes of 6-9 magnitude induced in Kaheti at leat 22 times, among them in Zemo Alazani zone – in 1530, 1742, 1756, 1811, 1902, 1928, 1932 and 1952 years.In Zaqatala-Lagodekhi in 1890, 1907, 1924, 1936, 1948, 1991, 2006 and in 2008 years; In Alacerdi zone – in 1510, 1530, 1668 and 1742.
If we take into account the fact that Tsiv-Gombori morphostructure is very sensitive to tectonic movements, than it is easy to understand that other translational earthquakes generated in other morphostructural zones highly impact to inducing of the landslides and gravitational processes.
The specific example is 1991 Racha-Imereti earthquake with repercussion in Lagodekhi seismic shakings in 2006-2008, resulted in the intense activation of landslides in Kaheti. Processes intensively developed on both direction, progressive and regressive, to the beginning of Gombori pass overtopping even the south slope of the ridge crest, which is structures by chalk carbonate flysch.
The landslide steps, hilly- waved relief morphology is the evidence of recurrent activation of natural disaster processes in Gombori landscape. Properly, even the highest hill of Gombory pass (so called “Verona Mountain), which is structured with Upper-Pliocene conglomerates, is a moved block connected with earthquake effect.
This type of landslide spread as well in other sections of the ridge (Kisiskhevi, Jati, Khodasheniskhevi, Lapianiskhevi) is characterized with deep blocking and creeping mechanism. The deformation depth varies within the margins 5 tenth meters. Several creep surface and deformation zone is characteristic for such type of landslides. In the upper zone of sesimically-triggered landslides are widespread the landslides of climatic nature. The degree of activation and dynamics is depended on the amount of precipitations and distinguished with periodic activity. This type of landslides has the fluidity nature, thus defining the degree of road deformation.
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Photo 5. Hilly-waved surface of Gombori landslide relief
To take preventive measures against such landslides is much easier than to prevent the natural disaster processes connected with seismically triggered landslides. At present the most dangerous zone by the point of view of landslides activity is the south section of Turdo.
The landslides occupy relatively isolated area along the road in the north slope of the slope, covering the landslide relief up to the village Kobidzeebi and another section from the village Tetriskhlebi up to the crossing of the river Turdo. The most sections of the road are passing in the area of carbonate texture, so to carry out the preventive measures against the landslides activity is not difficult.
In 2006, on the territory of the village Kobidzeebi the new landslide area was induced, put in danger the 400 m long road section. Landslide activity area includes the 1/3 of roadway. On the north –west slope is developed 120 m long and 60 m wide landslide, the bed thickness is about 6-8 m. The basis of origination of this landslide is the river Turdo floodplain. The cause of inducing of the landslide is the wash out of the river bank. The landslide is developed in clayey facies of slope sediments. The upper section of the landslide is of block type and the lower section of plastic.
One more landslide was induced in 2005, on km 12 of Telavi –Gombori road, resulted in damage of the road over 60 m distance. Landslide was developed on the west exposition slope, with 25-30( inclination. The parameters of landslide is as following: length – 70-120 m, app. thickness – 15 m. The depth of landslide steps varies within the range 4-30m. The main causes for triggering of the landslide are: the high inclination of the slope, tectonic disruption of rocks, deep weathering and intense saturation of slope by precipitations. The landslide mass closed the part of the road and its tongue mass overlapped not only the road, but effected the building of water supply existing in river Turdo floodplain. The landslide tongue mass moved down up to the terrace and due to the natural buttress the further movement was stopped. The landslide slope has the hilly and waved surface, indicating that the landslide movement recurrently took place. The distance between landslide blocks is 40-60 m. The surface inclination is 5-8( and has reversed topography.
Landslides are developed in rocks of Tertiary age, tectonically disrupted, lithified clays and in slope sediments. The relative difference between elevation of the top of landslide relief and block tongue varies within 240m. The volume of landslide mass is 1 million m3. At present the landslide is in stable condition. Due to its complex morphology nature in case of probable activation of landslides, the measures for improvement the situation is excluded.
It is worth to mention that landslides are spread not only in carbonate flysch composed slopes but in all river basins structured with molasses. By the point of view of geodynamic-hazard, the most severe situation is created in the section of the ridge which is structured with molasses. The slopes of molasses texture are vulnerable to intensive erosion – torrential and natural disasters wide scale development. Within the area of molasses structure all erosive water courses are characterized with high activity of debris torrent development. The 80-90% of fed courses is under permanent influence of landslide-gravitational and wash out impact.
Due to geological sensitivity the torrential development is supported by intensive rainfalls, which can be repeatable process during a year. Therefore this section of Tsiv-Gombori ridge due to its high degree of torrential development and hazard results included in the map of high risk zone of Georgia.
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Photo 6. The right terrace of the river Iori, intensively developing the gravitational processes (V. Mukhrovani)
Photo 7. The left terrace of the river Iori (V. Mukhrovani)
Conclusions and recommendations
1. Hypsometrically, Tbilisi-Gombori-Telavi road passes on the lowest point (Gombori pass).
2. Orographically, the Tsiv-Gombori ridge is the highest meridianly oriented morphostructure of the rivers Iori and Alazani. The ridge begins in the vicinity of Shavkvetila Mountain and ends to the east of Signagi. The ridge is young structure formed in Quaternary period, sttill enduring the uplift, in average 6-8 mm annualy.
3. The Tsiv-Gombori ridge is structured with Cretaceous and Tertiary age flysch-terrigenous deposits and Mio-Pliocene molasses. The lower section of the ridge is structured with flysch deposits and its south-east slope with molasses.
4. The geological structure of a ridge, high energetic potential of the relief, seismic activity and difficult meteorological conditions cause the intense development of land and rock sliding and erosion- debris torrential processes, resulted in creation of high risk hazard to 80-90% of the territory. Flysch and terrigenous deposit texture mainly develops the land sliding and gravitational processes, the slopes structured with molasses are vulnerable to intense development of gravitational and erosive –debris torrential processes. Especially the crest section of the south slope of a ridge is vulnerable to mudflow development. Due to landslides and gravitational activities the axial zone of the ridge is removed by 200 m to the north, to the meridian crossing of Gombori pass and the rivers Chailuri and Kisiskhevi.
5. Landslides and gravity events are represented by two groups: landslides of sesmically triggered nature which are developed in main rocks and landslides of climatic nature, developed in slope sediments. Seismic landslides are dominants in the area where flysch and terrigenous deposits are spread. The typical examples of climate induced landslides are the following: Gombori, Lapiani, Chermiskhevi, Kisiskhevi, Bakana and Shavkaba landslides.
6. At present the existing road Tbilisi-Gombori-Telavi passes on the Gombori pass. Notwithstanding its morphological conditions (low hypsometry and surface inclination) and high geodynamic stress, the existing road alignment is considered as the most optimal one. Though, it should be mentioned that the total stabilization of seismic-gravitational landslides widely spread in this and in other zones of the ridge is impossible. Concerning the landslides of climatic nature the preventive and recovery measures easy to take.
7. Geodynamically, the most hazardous situation is created within the area where molasses are spread. The south slope of Tsiv-Gombori ridge is strcutured with molasses. Therefore the wide scale development of natural disaster processes are not seldom phenomena; Land sliding, gravitational and erosive-torrential processes cover 80-90 % of the local rivers basins.
8. The first alternative of the road starts from the 7th km of the existing road, crosses the Iori gorge and up to the vicinity of the village Jati, nearly 15 km, passes in farouble conditions for road construction. No hazardous geo-dynamic processes are mentioned.
From km 18 up to km 32 the alternative runs on the territory where the complex geological structure, high energetic potential of the relief, seismic activity and difficult meteorological conditions cause the intense development of land and rock sliding and erosion-debris torrential processes. The geological structure of the alternative 1 area km 18-km32 consists of molasses, resulted in intense development of land and rock sliding and erosion-debris torrential processes.
Lithologically, conglomerates are represented by weakly cemented, almost loosen conglomerates, loams, soft sand-stones and volcanic ash interbeds. The bed thickness of individual pack of conglomerates in the Lower and Upper part of the profile varies within the frames of 2.5-10-20 m. Conglomerates are well laminated and represented by various diameter fraction, without any regularity. Shingle content exceeds 10-15%.
In respect of geological structure of Molasses formation, the clayey facies are represented by clays itself and by loam.
Molasses are characterized with good transmissibility of precipitations and belongs to the water-bearing complex. Underground water discharges in the erosive gorges, on the surfaces of loams and greatly promotes to development and activation of landslides and gravitational processes. At places where the surface of the relief is represented by conglomerates, during the each heavy rainfall the areas are strongly washed out. In total, the erosion is the main cause for triggering of landslides and torrents. The territory being structured with molasses is heavily damaged by landslides and permanently stays under by high risk of geo-hazard.
Nearly all gorges existing in this zone are characterized with mud and debris torrents.
Following the mentioned above, construction of the alternative N 1 is impossible, It is anticipated that besides the existing landslides other landslides would be induced due to construction.
Within the section of alternative I the 4.8 km long tunnel is considered, which passes in extremely difficult geological conditions. It is worth to mention that the relief is structured with weakly cemented, almost loosen conglomerates, loams, soft sand-stones and volcanic ash interbeds. They are characterized with good transmissibility of precipitations and the deep geodynamic processes can be developed. In addition, the inlet and outlet areas of the tunnel are exposed to landslides-gravitational processes, consequently the construction process would be complicated and would be required the complex engineering solutions.
9. Alternative II (so called Patardzeuli option) km 0- km 9+500 generally passes through the molasses formation. Molasses are represented by weakly cemented, almost loosen conglomerates, loams, soft sand-stones and volcanic ash interbeds. The bed thickness of conglomerates is 2.5-10-20 m.
Due to high inclination, this option passes in deep cut, what will, by all means, induce the new landslides on the slopes structured with conglomerates and transform torrential processes in gorges.
The road option following the alternative II km 9+500 – km 16+100 passes in the relief which is structured by molasses formation, where the land and rock sliding and erosion-debris torrential processes are intensively developed.
This is very zone where passes alternative I. Engineering-geological characteristics of 9+500-16+100 are given in the description of alternative I km 18-km 32.
Following the mentioned above, construction of the alternative N II is impossible, the same can be mentioned in concern of the construction of tunnel.
10. The III road option starts from the territory of Sameba Monastery and joins with the exiting road on the territory of the village Gombori. The road option passes on the relief which is structured by molasses formation, where the land and rock sliding and erosion-debris torrential processes are intensively developed. In this concern the Lapanosdkhevi gorge is worth to mention, the debris transformed by the torrent is hundred thousand cubic meters and belongs to the typical gorges transforming the debris torrents. According to the engineering-geology conditions this section belongs to difficult region for road constrcution.
Road section lm 5- km 8.4 passes the territory structured with deposits of Oligocene-Lower Miocene age (so called “ Maikop Formation) The predominant deposits of Maikop formation upper section are sandy loam and clayey facies. The lower section of the formation is represented by dark grey clays, marls, gray and greenish-grey fine grained sandstones. Sometimes interbeds of white sand and loosen carbonate sandstones are met among the clayey facies. In case of deep cut for road purposes the new landslides can be initiated, resulted in creation of difficulties for construction.
11. On the basis of analysis and summarization of the available fund materials and literary sources and the reconnaissance studies in the field, the present engineering-geological report with proper conclusions and recommendations has been elaborated.
12. Despite, the existing road in concern the landslides is characterized with complex geodynamic conditions, the existing road is preferred as the most optimal alignment among the other probable alignment options passing on Tsiv-Gombori pass (three options) . The selected three alignment options pass through the section of south slope of Tsiv-Gombori ridge. which is structured with molasses and characterized by complex development of hazardous geo-dynamic processes. At the same time the relief of this zone is characterized with high energetic potential (surface high gradients and badland relief). During the excavation works (slope cut, fill and cut) there is a risk of wide scale development of landslides and gravitational processes, and it would be practically impossible to maintain the slope stability.
13. Following to mentioned above we recommend the existing road Gombori-Tetristklebi section, as the most optimal alignment, despite its complex geodynamic conditions.
3. Hydro geological conditions of the construction corridor of the motorway
According to the hydrogeological zoning of Georgia (Buachidze I. (1970)), the study territory is included in the region of porous, fissure and fissure-karst waters of Kartli porous, fissure and fissure-karst and Alazani artesian basin of the block artesian basin of Georgia.
The following water-bearing complexes and horizons are distinguished on the study territory:
1) The water-resistant horizon of carbonatic Flysch of the Lower Cretaceous Period.
2) The water-bearing complex of the deposits of the Upper Cretaceous Period.
3) The water-resistant horizon of the Oligocen-Lower Miocene Age (so called ‘Maykop strata’) deposits.
4) The water-bearing horizon of the deposits of the Sarmatic Age.
5) The water-bearing horizon of the deposits of the Miopliocene Age.
6) The water-bearing horizon of the alluvial and alluvial-proluvial deposits of the Quaternary Period.
7) The water-bearing horizon of the slope deposits of the Quaternary Period.
Below, we give the individual descriptions of the water-bearing horizons and complexes of the underground waters:
- The rocks of the water-resistant horizon of carbonatic Flysch of the Lower Cretaceous Period, in a hydro-geological respect, are in fact a water-free and water-resistant formation; however, the presence of sandstones, and conglomerates and marl limestones in rare cases, makes for the weak water-bearing capacity of the horizon. The flow of the springs varies between 0,01 and 0,25 l/sec, rarely reaching 0,5 l/sec. The waters circulate in fissures, at minor depths and are mainly associated with the sandstones and limestones outcrops. The waters are fresh, with the general mineralization of 0,391-0,471 to 0,742-0,874 g/l. According to their chemical composition, the waters are hydrocarbon-calcium-sodium-potassium, hydrocarbon-calcium-sulphate-magnesium, hydrocarbon-calcium and sodium-potassium-sulphate-hydrocarbon. The horizon is mainly fed with atmospheric precipitations and waters in the Upper Cretaceous deposits. The practical importance of the waters is not significant because of their minor flows.
- The underground waters of the water-bearing complex of the deposits of the Upper Cretaceous Period are fissure waters of a deep circulation. The flow of the waters is from 0,01-0,3 to 3-5 l/sec. The presence of the underground waters is mainly associated with the outcrops of sandstones and limestones. The waters are discharged as springs, which mostly flow on the surface within the zones of the local erosive basis. The waters are fresh, with the general mineralization of 0,324-0,443 to 0,554-0,611 g/l. According to their chemical composition, the waters are mostly hydrocarbon-calcium-magnesium ones (mostly in marl limestones, silicium limestones and slates), and carbonate-calcium waters dominate in the waters in Cenomanian and Teron limestones.
- The deposits of the water-resistant horizon of the Oligocen-Lower Miocene Age (so called ‘Maykop strata’) deposits are in fact water-resistant, but the springs with minor flows are anyway spread here. The underground waters mostly circulate in fissures and more rarely in sandstone pores. The waters are mostly circulated in the upper zones of weathering. The flow of the springs is 0,01-0,08 l/sec. The waters are fresh, with the general mineralization of 0,473-0,729 g/l. According to their chemical composition, the waters are hydrocarbon-sulphate-sodium or hydrocarbon-calcium. The horizon is mainly fed with atmospheric precipitations.
- The waters of the water-bearing horizon of the deposits of the Sarmatic Age mostly flow through conglomerates and less in sandstones. The flows of the springs are 0,01-0,05 l/sec. The waters are fresh, with the general mineralization of 0,367-0,489 to 0,799-0,87 g/l. According to their chemical composition, the waters are hydrocarbon-calcium (mostly in conglomerates) and hydrocarbon-magnesium-sodium and hydrocarbon-magnesium-sodium (mostly in sandstones). The horizon is mainly fed with atmospheric precipitations.
- The waters of the water-bearing horizon of the deposits of the Miopliocene Age are mostly spread at the depth of 5-50 m and are mainly discharged in erosive gullies as springs. The waters are fresh, with the general mineralization of 0,220-0,72 g/l. According to their chemical composition, the waters are hydrocarbon-calcium-sodium, hydrocarbon-calcium-magnesium, hydrocarbon-sodium-calcium and hydrocarbon- sulphate-calcium-magnesium.
- The water-bearing horizon of the alluvial and alluvial-proluvial deposits of the Quaternary Period is almost wholly water-encroached except clays. The waters are mostly located at 0,5-2,0 m to 5-10 m depths and at 20 m depth in rare cases. The flows in the wells are 1,8 to 6,0 m3/hr, with the drawdown up to 0,4-1,0 m. The flows of the springs are from 0,36 to 36,0 m3/hr. The waters are mostly fresh, with the general mineralization of 0,469-0,663 g/l and are weakly mineralized in rare cases. The waters of the river Iori basin are of relatively greater mineralization. They are mostly discharged in the zones of erosive downcutting of the river Iori tributaries. According to their chemical composition, the waters are hydrocarbon-sulphate-calcium-sodium, hydrocarbon-sulphate-calcium, hydrocarbon-calcium-sodium, hydrocarbon-calcium-magnsium and hydrocarbon-sulphate-calcium-magnesium. The horizon is mainly fed with atmospheric precipitations.
The waters of the water-bearing horizon of the slope deposits of the Quaternary Period are of sporadic distribution and no-deep circulation. They are mainly located at the depths of 1,5 to 16-17 m. The water-bearing capacity of the horizon is little and the flow of the springs is up to 0,03-0,5 l/sec. The mineralization of the waters varies within a great range of 0,36-0,99 to 2,53-3,17 g/l. According to their chemical composition, the waters are mainly hydrocarbon-calcium-sodium, hydrocarbon-calcium, hydrocarbon-chloride, hydrocarbon-sulphate-calcium-sodium, hydrocarbon-sulphate-magnesium-calcium as well as sulphate-hycrocarbon-chloride-hydrocarbon-sodium and sulphate-hydrocarbon-magnesium-calcium. The horizon is mainly fed with atmospheric precipitations.
4. Hydrological conditions of the route options and brief description of the crossed water courses.
The study route starts from Tbilisi-Bakurstikhe-Telavi road and ends at the east surroundings of the village Vardisubani (km 64+800).
There are considered 4 options of the route. The appropriate hydrological evaluation for the alternative routes is done on the basis of topographical maps and other data sources.
The existing road starts on km 0+00 and ends to the north-east direction for 10 km distance up to the right bank of the river Iori (Tributary N1) , next the road changes the alignment and runs to the south-north up to the village Sasadilo (The mouth of the river Gombori ( 25+800). On the start section the route outlines few watercourses and channels, three 11 km long right side water courses (among them are tributaries N 1 and N4, Ambriaskhevi, Zagliantkgevi) and other water courses having small width basins (2.5 km are outlined in the south-north direction.
Should be mentioned that the right side tributaries take start from the east slope of Ialno ridge. The downstream is strong and is distinguished with frequent development of torrential processes. On km 25 the route crosses the river Iori and passes over the left side, here only small tributaries are crossed by the route.
From the mouth of the river Gombori ( 1 km the route crosses over the right bank (bridge N8) and goes along the right side up to the village Gombori, where the water courses streaming down the slopes are outlined, with length 2-6.4 km. Mostly the downstream water courses have the debris torrential character. Following the cross over the river Gombori and to the next the river Turdo cross over, the route alignment is of West- East. From the village Gombori up to Gombori pass the route crosses over only one tributary (river Gombori tributary) with length 6.4 km. (Teknianiskhevi, bridge N 11, km.p. 31+430) and within the river start zone the route crosses two tributaries with length 4 km (bridges N 12 and N13)- the length of rest basins not exceeds 2-3 km.
Following the crossing of the river Turdo (bridge N14) the route runs to the end of its right bank (village Vardisubani) and crosses the watercourses with small basins out of which the length of four (Psitianiskhevi, Mgvrie, Susanskhevi and one unnamed tributary) is 4-5 km. In addition these tributaries are characterized with torrential development.
Should be mentioned that four options of the route (nearly from the crossing of the river Turdo (bridge N14) till the end (the village Vardisubani) maintain the existing road alignment without changes.
Option N1. By this option, up to km 7 till the bank of the river Iori, the existing road alignment is maintained. Next to it, due to the winding relief the route alignment goes to the north-west. After the crossing of the river Iori, till the watershed of the river Turdo basin, the route goes into the river Lapiani basin and till the crossing of the river Jati crosses the left minor tributaries. Next to it the route on 1.5 km distance crosses 4 times the left tributary of the river Lapianiskhevi (Shralhevi crossings NN 1.3-1.5) and reaches the sources from its left side by passing the serpentines, next it passes over the source of the river Lapianiskhevi and crosses the watershed. Besides the basins of the rivers Jati and Shrakhevi, with length 4.5m km, some other minor basins are outlined.
Following the passing over the watershed the route goes along the left slope of the river Turdo, crosses its right tributaries with length 3-4.5 km, the hydro net developed by these tributaries and the large basin of the river Psitianiskhevi and joins with the existing road at km 53. Total length of this option is 33 km.
Option N1 including tunnel. This option has the same alignment but within km 18 and 27 the (4.8 km long tunnel is included, which considerably shortens the difficult serpentine section of the route.
Option N3. By this option the route turns to the north direction from the 10 km, from the beginning it crosses the river Lapianiskhevi, its right tributary and the upper branch of tributary, next it crosses the Gomboriskhevi and on its end section joins with the existing road in the vicinity of the village Gombori. Besides the mentioned crossings (bridge N3.1 and N 3.2) the other basins are outlined, with length less than 2.5 km.
Option N2. By this option the route goes along the Tbilisi-Bakurtsikhe-Lagodekhi road up to the village Patardzeuli, next it turns to the north and goes along the Kalotkhevi gorge almost to the watershed of Lapianiskhevi, passes in the basin of Lapianiskhevi, goes along the direction of watershed line and joins with the option N 1 at 27 km. Together with Kalptkhevi crossing some other tributaries with basins of minor length and width are outlined.
The main hydrological characteristics of the rivers crossed by the routes of alternatives are given in tables 1-4.
Following the hydrological values we consider that the options N 1 and N2 can be implemented by the tunnel construction, because the rivers are mainly outlined in the vicinity of the head of rivers, basins of rivers are not big and downstream is not powerful. Though, these alternatives contain the other serious difficulties due to relief and geological structure. Should be considered the fact that in case the implementation of alternatives N1 and N3 there would be no normal road for the inhabited areas located along the existing road.
Calculation of Water maximal discharge
Water maximal discharge had been determined by G. Rostomov semi-empiric formula:
Q P%=(RP(F0.667 K 1.35 I 0.125( 0.38)KF/(L+10)
Where,
Q P% and Q F -P% is a supply or ( (year) recurrence calculation and same supply discharge with basin area ................
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