J-13012/114/2011 - IA. II (T)

Government of India

Ministry of Environment & Forests

 

Paryavaran Bhavan, C.G.O. Complex,

Lodi Road, New Delhi -110003.

Dated:  December 28, 2011

To

M/s Coastal Gujarat Power Ltd.

Tata Power Backbay Receiving Station,

Plot No. 148, Lt. Gen. J Bhonsle Marg,

Nariman Point, Opp. Badhwar Park,

Mumbai – 400 021.

 

Sub:    Expansion by addition 2x830 MW (Phase-II) Supercritical Imported Coal fired Based Thermal Power at village Tunda wand, in Mundra Taluk, in Kutch Distt., in Gujarat -  reg. TOR.

Sir,        

The undersigned is directed to refer to your letter dated 05.09.2011 on the above mentioned subject.

 

2.         It is to inform that the proposal was considered by the Expert Appraisal Committee during its 36th Meeting held during November 14-15, 2011, for determination of the Terms of Reference (TOR) for undertaking detailed EIA study in accordance with the provisions of the EIA notification dated September 14, 2006.

 

3.         Based on the information provided by you with regard to the above mentioned project proposal, the Committee has prescribed the following Terms of Reference (TORs) for preparation of the Environmental Impact Assessment (EIA) Report and Environment Management Plan (EMP), in respect of your above mentioned project.

 

i)                        Vision document specifying prospective long term plan of the site, if any, shall be formulated and submitted.

ii)                      Status of compliance to the conditions stipulated for environmental and CRZ clearances of the previous phase(s), as applicable, shall be submitted.

iii)               Cumulative impacts shall be assessed due to existing and proposed expansion on the environment.

iv)                Compliance to the conditions stipulated in environmental clearance for existing capacity.

v)                       Executive summary of the project indicating relevant details along with recent photographs of the approved site shall be provided. Response to the issues raised during public hearing and to the written representations (if any), along with a time bound action plan and budgetary allocations to address the same, shall be provided in a tabular form, against each action proposed.

vi)                     Harnessing solar power within the premises of the plant particularly at available roof tops and other available areas shall be formulated and status of implementation shall be submitted to the Ministry.

vii)                  Status of development of green belt for Phase-I shall be submitted along with photographic details

viii)           Status of implementation of R&R and CSR for Phase-I (UMPP) shall be furnished in detail.

ix)                     The coordinates of the approved site including location of ash pond shall be submitted along with topo sheet (1:50,000 scale) and confirmed GPS readings of plant boundary and NRS satellite map of the area, shall be submitted. Elevation of plant site and ash pond with respect to HFL of water body/nallah/river shall be specified, if the site is located in proximity to them.

x)                       Layout plan indicating break-up of plant area, ash pond, area for green belt, infrastructure, roads etc. shall be provided.

xi)                     Land requirement for the project shall be optimized and in any case not more than what has been specified by CEA from time to time. Item wise break up of land requirement and revised layout (as modified by the EAC) shall be provided.

xii)                  Present land use as per the revenue records (free of all encumbrances of the proposed site, shall be furnished. Information on land to be acquired) if any, for coal transportation system as well as for laying of pipeline including ROW shall be specifically stated. 

xiii)                The issues relating to land acquisition and R&R scheme with a time bound Action Plan should be formulated and clearly spelt out in the EIA report.

xiv)                 Satellite imagery or authenticated topo sheet indicating drainage, cropping pattern, water bodies (wetland, river system, stream, nallahs, ponds etc.), location of nearest villages, creeks, mangroves, rivers, reservoirs etc. in the study area shall be provided.

xv)                    Location of any National Park, Sanctuary, Elephant/Tiger Reserve (existing as well as proposed), migratory routes / wildlife corridor, if any, within 10 km of the project site shall be specified and marked on the map duly authenticated by the Office of the Chief Wildlife Warden of the area concerned. 

xvi)                 Topography of the study area supported by toposheet on 1:50,000 scale of Survey of India, alongwith a large scale map preferably of 1:25,000 scale and the specific information whether the site requires any filling shall be provided.  In that case, details of filling, quantity of fill material required; its source, transportation etc. shall be submitted. 

xvii)               A detailed study on land use pattern in the study area shall be carried out including identification of common property resources (such as grazing and community land, water resources etc.) available and Action Plan for its protection and management shall be formulated. If acquisition of grazing land is involved, it shall be ensured that an equal area of grazing land to be acquired is developed alternatively and details plan shall be submitted.

xviii)            A mineralogical map of the proposed site (including soil type) and information (if available) that the site is not located on economically feasible mineable mineral deposit shall be submitted.

xix)                 Details of 100% fly ash utilization plan as per latest fly ash Utilization Notification of GOI along with firm agreements / MoU with contracting parties including other usages etc. shall be submitted. The plan shall also include disposal method / mechanism of bottom ash.

xx)                    Water requirement, calculated as per norms stipulated by CEA from time to time, shall be submitted along with water balance diagram. Details of water balance calculated shall take into account reuse and re-circulation of effluents which shall be explicitly specified.

xxi)                 Water body/nallah (if any) passing across the site should not be disturbed as far as possible. In case any nallah / drain has to be diverted, it shall be ensured that the diversion does not disturb the natural drainage pattern of the area. Details of diversion required shall be furnished which shall be duly approved by the concerned department.

xxii)               It shall also be ensured that a minimum of 500 m distance of plant boundary is kept from the HFL of river system / streams etc.

xxiii)            Hydro-geological study of the area shall be carried out through an institute/ organisation of repute to assess the impact on ground and surface water regimes. Specific mitigation measures shall be spelt out and time bound action plan for its implementation shall be submitted.

xxiv)              Detailed Studies on the impacts of the ecology including fisheries of the river/estuary/sea due to the proposed withdrawal of water / discharge of treated wastewater into the river/creek/ sea etc shall be carried out and submitted alongwith the EIA Report. In case of requirement of marine impact assessment study, the location of intake and outfall shall be clearly specified along with depth of water drawl and discharge into open sea.

xxv)                Source of water and its sustainability even in lean season shall be provided along with details of ecological impacts arising out of withdrawal of water and taking into account inter-state shares (if any).      Information on other competing sources downstream of the proposed project. Commitment regarding availability of requisite quantity of water from the Competent Authority shall be provided along with letter / document stating firm allocation of water.

xxvi)              Detailed plan for carrying out rainwater harvesting and its proposed utilisation in the plant shall be furnished.

xxvii)           Feasibility of zero discharge concept shall be critically examined and its details submitted.

xxviii)         Optimization of COC along with other water conservation measures in the project shall be specified. 

xxix)              Plan for recirculation of ash pond water and its implementation shall be submitted.

xxx)                Detailed plan for conducting monitoring of water quality regularly with proper maintenance of records shall be formulated. Detail of methodology and identification of monitoring points (between the plant and drainage in the direction of flow of surface / ground water) shall be submitted. It shall be ensured that parameter to be monitored also include heavy metals.

xxxi)              Socio-economic study of the study area comprising of 10 km from the plant site shall be carried out by a reputed institute / agency which shall consist of detail assessment of the impact on livelihood of local communities.

xxxii)           Action plan for identification of local employable youth for training in skills, relevant to the project, for eventual employment in the project itself shall be formulated and numbers specified during construction & operation phases of the Project.

xxxiii)         If the area has tribal population it shall be ensured that the rights of tribals are well protected. The project proponent shall accordingly identify tribal issues under various provisions of the law of the land.

xxxiv)          A detailed CSR plan along with activities wise break up of financial commitment shall be prepared. CSR component shall be identified considering need based assessment study. Sustainable income generating measures which can help in upliftment of poor section of society, which is consistent with the traditional skills of the people shall be identified. Separate budget for community development activities and income generating programmes shall be specified.

xxxv)             While formulating CSR schemes it shall be ensured that an in-built monitoring mechanism for the schemes identified are in place and mechanism for conducting annual social audit from the nearest government institute of repute in the region shall be prepared. The project proponent shall also provide action plan for the status of implementation of the scheme from time to time and dovetail the same with any Govt. scheme(s). CSR details done in the past should be clearly spelt out in case of expansion projects.

xxxvi)          R&R plan, as applicable, shall be formulated wherein mechanism for protecting the rights and livelihood of the people in the region who are likely to be impacted, is taken into consideration. R&R plan shall be formulated after a detailed census of population based on socio economic surveys who were dependant on land falling in the project, as well as, population who were dependant on land not owned by them.

xxxvii)        Assessment of occupational health as endemic diseases of environmental origin shall be carried out and action plan to mitigate the same shall be prepared.

xxxviii)     Occupational health and safety measures for the workers including identification of work related health hazards shall be formulated. The company shall engage full time qualified doctors who are trained in occupational health. Health monitoring of the workers shall be conducted at periodic intervals and health records maintained. Awareness programme for workers due to likely adverse impact on their health due to working in non-conducive environment shall be carried out and precautionary measures like use of personal equipments etc. shall be provided. Review of impact of various health measures undertaken at intervals of two years shall be conducted with an excellent follow up plan of action wherever required.

xxxix)          One complete season site specific meteorological and AAQ data (except monsoon season) as per MoEF Notification dated 16.11.2009 shall be collected and the dates of monitoring recorded. The parameters to be covered for AAQ shall include SPM, RSPM (PM10, PM2.5), SO2, NOx, Hg and O3 (ground level). The location of the monitoring stations should be so decided so as to take into consideration the pre-dominant downwind direction, population zone, villages in the vicinity and sensitive receptors including reserved forests. There should be at least one monitoring station each in the upwind and in the pre - dominant downwind direction at a location where maximum ground level concentration is likely to occur.

xl)                     A list of industries existing and proposed in the study area shall be furnished.

xli)                   Cumulative impact of all sources of emissions (including transportation) on the AAQ of the area shall be well assessed. Details of the model used and the input data used for modelling shall also be provided. The air quality contours should be plotted on a location map showing the location of project site, habitation nearby, sensitive receptors, if any. The wind roses should also be shown on the location map as well.

xlii)                Radio activity and heavy metal contents of coal to be sourced shall be examined and submitted along with laboratory reports.

xliii)              Fuel analysis shall be provided. Details of auxillary fuel, if any, including its quantity, quality, storage etc should also be furnished.

xliv)               Quantity of fuel required, its source and characteristics and documentary evidence to substantiate confirmed fuel linkage shall be furnished.

xlv)                  Details of transportation of fuel from the source (including port handling) to the proposed plant and its impact on ambient AAQ shall be suitably assessed and submitted. If transportation entails a long distance it shall be ensured that rail transportation to the site shall be first assessed. Wagon loading at source shall preferably be through silo/conveyor belt.

xlvi)               For proposals based on imported coal, inland transportation and port handling and rolling stocks /rail movement bottle necks shall be critically examined and details furnished.

xlvii)             Details regarding infrastructure facilities such as sanitation, fuel, restrooms, medical facilities, safety during construction phase etc. to be provided to the labour force during construction as well as to the casual workers including truck drivers during operation phase should be adequately catered for and details furnished.

xlviii)          EMP to mitigate the adverse impacts due to the project along with item - wise cost of its implementation in a time bound manner shall be specified.

xlix)      Scheme for alternative source of livelihood for PAPs who are indirectly affected due to land acquisition shall be prepared in addition to R&R Plan for PAPs.

l)                         A Disaster Management Plan (DMP) along with risk assessment study including fire and explosion issues due to storage and use of fuel should be carried out.  It should take into account the maximum inventory of storage at site at any point of time. The risk contours should be plotted on the plant layout map clearly showing which of the proposed activities would be affected in case of an accident taking place. Based on the same, proposed safeguard measures should be provided.  Measures to guard against fire hazards should also be invariably provided.

li)                      The DMP so formulated shall include measures against likely Tsunami/Cyclones/Storm Surges/Earthquakes etc, as applicable. It shall be ensured that DMP consists of both on-site and off-site plan, complete with details of containing likely disaster and shall specifically mention personnel identified for the task. Smaller version of the plan shall be prepared both in English and local languages.

lii)                    Detailed plan for raising green belt of native species of appropriate width (50 to 100 m) and consisting of at least 3 tiers around plant boundary (except in areas not possible) with tree density of 2000 to 2500 trees per ha with a good survival rate of about 80% shall be submitted. Photographic evidence must be created and submitted periodically including NRSA reports.

liii)                 Over and above the green belt, as carbon sink, additional plantation shall be carried out in identified blocks of degraded forests, in close consultation with the District Forests Department. In pursuance to this the project proponent shall formulate time bound action plans along with financial allocation and shall submit status of implementation to the Ministry every six months.

 

liv)                   Corporate Environment Policy

 

a)                       The company to have a well laid down Environment Policy approved by its Board of Directors.

b)                       The Environment Policy must prescribe for standard operating process / procedures to bring into focus any infringement / deviation / violation of the environmental or forest norms / conditions.

c)                       The hierarchical system or Administrative Order of the company to deal with the environmental issues and for ensuring compliance with the environmental clearance conditions must be furnished.

d)                       To have proper checks and balances the company should have a well laid out system of reporting of non compliances / violations of environmental norms to the Board of Directors of the company and / or shareholders or stakeholders at large.

 

              All the above details should be adequately brought out in the EIA report and in the presentation to the Committee.

 

lv)                     Details of litigation pending or otherwise with respect to project in any court, tribunal etc. shall invariably be furnished.

 

Further, the following shall be strictly followed (as applicable):

 

a)                  Low lying areas fulfilling the definition wetland as per Ramsar Convention shall be identified and clearly demarcated w.r.t the proposed site.

b)                   If the site includes or is located close to marshy areas and backwaters, these areas must be excluded from the site and the project boundary should be away from the CRZ line. Authenticated CRZ map from any of the authorized agency shall be submitted.

c)                   The soil levelling should be minimum with no or minimal disturbance to the natural drainage of the area. If the minor canals (if any) have to be diverted, the design for diversion should be such that the diverted canals not only drains the plant area but also collect the volume of flood water from the surrounding areas and discharge into marshy areas/major canals that enter into creek. Major canals should not be altered but their bunds should be strengthened and desilted.

d)                   Additional soil for leveling of the sites should be generated as far as possible within the sites, in a way that natural drainage system of the area is protected and improved

e)                  Marshy areas which hold large quantities of flood water shall be identified and shall not be disturbed.

f)                    No waste should be discharged into Creek, Canal systems, Backwaters, Marshy areas and seas without appropriate treatment. The outfall should be first treated in a guard pond (wherever feasible) and then discharged into deep sea (10 to 15 m depth). Similarly, the intake should be from deep sea to avoid aggregation of fish and in no case shall be from the estuarine zone. The brine that comes out from desalinization plants (if any) should not be discharged into sea without adequate dilution.

g)                   Mangrove conservation and regeneration plan shall be formulated and action plan with details of time bound implementation shall be specified, if mangroves are present in study area.

h)                  A common Green Endowment Fund should be created by the project proponents out of EMP budgets. The interest earned out of it should be used for the development and management of green cover of the area.

i)                    Impact on fisheries at various socio economic level shall be assessed.

j)                    An endowment of Fishermen Welfare Fund should be created out of CSR grants not only to enhance their quality of life through creation of facilities for fish landing platforms / fishing harbour / cold storage, but also to provide relief in case of emergency situations such as missing of fishermen on duty due to rough seas, tropical cyclones and storms etc.

k)                  Tsunami Emergency Management Plan shall be prepared and plan submitted prior to the commencement of construction work.

l)                    There should not be any contamination of soil, ground and surface waters (canals & village pond) with sea water in and around the project sites. In other words necessary preventive measures for spillage from pipelines, such as lining of guard pond used for the treatment of outfall before discharging into the sea and surface RCC channels along the pipelines of outfall and intake should be adopted. This is just because the areas around the projects boundaries is fertile agricultural land used for paddy cultivation.

 

4.            Besides the above, the following general points will be followed:

a.      All documents to be properly referenced with index, page numbers and continuous page numbering.

b.       Where data is presented in the report especially in table, the period in which the data was collected and the source should invariably be indicated. 

c.       Where the documents provided are in a language other than English, an English translation should be provided.

d.       The Questionnaire for environmental appraisal of thermal power projects as devised earlier by the Ministry shall also be filled and submitted.

e.      The consultants involved in the preparation of EIA/EMP report after accreditation with Quality Council of India (QCI) / National Accreditation Board of Education and Training (NABET) would need to include a certificate in this regard in the EIA/ EMP reports prepared by them and data provided by other organization / Laboratories including their status of approvals etc. In this regard circular no. F.No. J-11013/77/2004-IA-II (I) dated 2nd December, 2009 is posted on the Ministry’s website http://www.moef.nic.in may be referred.

 

In addition to the above, information on the following may also be incorporated in the EIA report.

 

1.         Is the project intended to have CDM-intent?

 

(i)   If not, then why?

(ii)  If yes, then

 

a.                  Has PIN (Project Idea Note) {or PCN (Project Concept Note)} submitted to the ?NCA? (National CDM Authority) in the MoEF?

b.                   If not, then by when is that expected?

c.                   Has PDD (Project Design Document) been prepared?

d.                   What is the Carbon intensity? from your electricity generation projected (i.e. CO2 Tons/MWH or Kg/KWH)

e.                  Amount of CO2 in Tons/year expected to be reduced from the baseline data available on the CEA?s web-site (www.cea.nic.in)

 

2.         Notwithstanding 1(i) above, data on (d) & (e) above shall be worked out and reported. 

 

5.         The Environmental clearance shall be applied only after firm fuel and water linkages are obtained.

 

6.         After preparing the Draft EIA (as per the generic structure prescribed in Appendix-III of the EIA Notification, 2006) covering the above mentioned issues, the same shall be submitted to the SPCB for conducting the public hearing as per procedure of EIA notification 2006. The issues emerged during public hearing shall be further incorporated in the Draft EIA/EMP report. The final EIA/EMP report along with public hearing report and the requisite documents (including written objections, if any) shall be submitted to the Ministry for appraisal by the Expert Appraisal Committee for consideration of awarding environmental clearance under the provisions of Environmental Impact Assessment notification dated September 14, 2006.

 

7.         The TORs prescribed shall be valid for a period of two years for submission of EIA/ EMP reports, after public consultation.

 

Yours faithfully,

 

 

(Dr. P.L. Ahujarai)

Director

 

Copy to:

 

1.                                                                                                                                                                                   The Secretary, Department of Environment, Govt. of Gujarat.

2.    The Chairman, Gujarat Pollution Control Board, Sector 10-A, Gandhi Nagar – 382 043

3.    The Chief Conservator of Forests, Regional Office (WZ), E-5, Kendriya Paryavaran Bhawan, Arera Colony, Ravishankar Nagar, Bhopal - 462016.

4.                                                                                                                                                                                   Guard File.

 

 

 

(Dr. P.L. Ahujarai)

Director

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