No. J-11015/183/2011-IA.II(M)

Government of India

Ministry of Environment & Forests

Paryavaran Bhawan,

CGO Complex,

New Delhi-110510.

To

Dated: 30th September 2011

General Manager (E&F)

M/s Bharat Coking Coal Ltd.,

Koyala Bhawan, Dhanbad,

Jharkhand.

 

Sub:     Cluster VI mines (2 OC mines, 1 UG and 1 mixed mine of a combined production capacity of 5.87 MTPA with a peak capacity of 7.631 MTPA in a combined ML area of 876.55 ha) of M/s Bharat Coking Coal Ltd., located in Jharia Coalfields, Dist. Dhanbad, Jharkhand (TOR) - Terms of Reference  (TOR) – reg.

 

Sir,

 

            This is with reference to letter no. 43011/29/2011-CPAM dated 21.07.2011  on the aforesaid subject which was considered in the meeting of Expert Appraisal Committee (T&C) held on 29th -30th August 2011. It was informed that the cluster VI consists of 4 UG mines of a combined production capacity of 5.87 MTPA with a peak capacity of 7.631 MTPA in a combined ML area of 876.55 ha. It was stated that cluster VI consists of 2 OC mines, 1 UG mine and 1 mixed (1 OC and 1 UG). The cluster is bound in the east by Cluster VII mines of BCCL, in the west by cluster V mines of BCCL, in the North by metamorphic and in the south by cluster V and cluster XI mines of BCCL. NH-32 passes through the cluster and NH-2 passes 6 km north of the cluster lease hold area and connect the mines with Kolkata and New Delhi respectively.

 

MINES IN CLUSTER- VI

 

S.No

Name of Mine

 

OC/UG

Production capacity (MTPA)

 

ML Area (ha)

Life of Mine (years)

 

Normative

Peak

1

East Bassuriya  Colliery

OC

1.500

1.950

141.07

10

2

Bassuriya  Colliery

UG

0.120

0.156

162.76

>30

3

Gondudih Khas Kusunda Colliery

OC

2.000

2.600

410

25

4.

Godhur Colliery 

OC

2.000

 

2.6

162.72

18

UG

0.250

 

0.325

>30

 

 

Total

 

 

5.87

 

7.631

 

876.55

 

 

It was clarified that there is no forestland is involved in the cluster and no additional land is to be acquired. It was stated that no fresh acquisition of additional land is required. The land within the cluster is degraded with presence of voids, dumps unstable sites, due to more than 100 years of mining. The cluster is drained in the west by seasonal Ekra Nala and in the east by seasonal Kari Jore outflowing into River Damodar.  Damodar, Khudia and Katri are 8.5 km, 10 km and 6 km away from cluster VI. It was informed that a plan for effective mitigation of environmental pollution and for development of green belt all around the cluster and along the banks of Ekra Nala and Kari Jore would also be undertaken.

 

COMBINED LAND USE  OF CLUSTER -VI

 

S.No

Type Land Use

Present Mining

Land Use ( ha)

Post- mining Land Use (ha)

1.

Running quarry

 

 

Backfilled

 6.00

0.00

Not Backfilled

46.16

0.00

2.

Abandoned quarry

 

 

Backfilled

92.36

0.00

Not Backfilled

41.58

0.00

3.

External OB dump

32.84

0.00

4.

Service building/

mine infrastructure

25.29

0.00

5.

Coal dump

4.66

0.00

6.

Rail & Road

84.68

25.32

7.

Homestead land

120.12

39.52

8.

Agriculture land

0.00

0.00

9.

Forest land

0.00

0.00

10

Plantation

11.00

445.87

11.

Water body

25.25

92.01

12

Barren land

386.61

273.83

 

 Total

876.55 (851.26)

876.55

 

PRODUCTION IN CLUSTER VI

Year

East Bassuriya  Colliery

Bassuriya  Colliery

Gondudih Khas Kusunda Colliery

Godhur Colliery

 

OC

Existing

UG

Existing

1993-94 (MT)

 

0.014

0.017

0.112

0              

0.142

2010-2011(MT)

 

0.00

0.040

0.711

0             

0.129

 

Details of Rehabilitation in Cluster VI

 S.N

Parameter

Details

 

1.

Total Voids

87.74 Ha

2.

Total OB available

5.247 Mm3

3.

Total OB area

32.84 ha

4.

Total Unstable Sites

18

5.

Total Affected Areas

280710 m2

6.

No. of Houses to be rehabilitated

1387 as per JAP

7.

Land for Resettlement

4.608ha (BCCL land)

18.249 ha (Non-BCCL land)

8.

Total cost of fire dealing

Rs 54.60 Crores

9.

Total  resettlement Cost

Rs 10768.17  lakhs

It was informed that of the 595 unstable sites identified in the Jharia Master Plan, 18 sites consisting of 1387 PAFs are affected due to instability of sites. The cluster VI has fire problems in three of its mines. R&R would be implemented at an estimated cost of Rs 107.68 crores. The company has identified land of 4.608 ha area for the BCCL employees and an area of 18.249 ha for the non-BCCL population. It was informed that the Environment Management plan for the cluster VI would be dovetailed with Jharia Action Plan for dealing with fire, subsidence and rehabilitation of people. The affected families would be rehabilitated in an adjacent non-coal bearing area in two phases. It was informed that cluster VI would have common transport network of railways, implementation of rehabilitation as per Jharia Action Plan, establishment of common and effective waste management and reclamation of mines. It was informed that CSR would be taken up @5/T of coal produced amounting to Rs 293.5 lakhs every year.

 

The Committee desired that the fire dousing measures should be adopted and some fire dousing strategy is required. The Committee also desired that skill development and alternate livelihood opportunities should be provided to the project affected people under R&R. The Committee desired that R&R involving 1387 PAFs living in unstable locations within the cluster, for which the Jharia Action Plan has been formulated, should be included. Post-project monitoring of effectiveness of implementation of R&R should also be carried out by PP. The Committee also desired that rehabilitation of people in cluster VI would be dovetailed with Jharia Action Plan. The Committee also desired that large number of youth should be identified between the age group of 25-30 year and train for carrying out mining activity in future. The Committee also desired that a detailed CSR Plan for the entire cluster and @Rs 5/T of coal to be earmarked for activities under CSR. The Committee further desired that for monitoring of the proper implementation of CSR activity the company should create, a dedicated multidisciplinary team of local people including the social scientists/sociologists. The Committee desired that the details of areas under Mining Rights and under Surface rights and their land use should be provided in the EIA-EMP Report.

 

The Committee recommended TOR with the following conditions:

 

(i)                  An Integrated EIA-EMP Report for cluster VI consisting of 4 mines consisting of 2 OC I UG and 1 UG-cum-OC mine of which 1 is closed of a combined production capacity of 5.87 MTPA with a peak capacity of 7.631 MTPA in a combined ML area of 876.55 ha based on the generic structure specified in Appendix III of the EIA Notification 2006. The Integrated EIA-EMP for the cluster VI mines shall be prepared clearly bringing out the present status of the 5 mines of Cluster VI as above- status of env. quality and the extent of pollution load from each mine and the combined pollution load from the cluster of mines that would be reduced by taking suitable mitigative measures for the individual mines and for the cluster and the expected improvement in the environmental quality of the mines in the cluster and within the coalfield after the implementation of the measures through an Integrated Environmental Plan formulated on the aforesaid basis. A fresh baseline data on the env. quality – air, water, land, biotic community, etc. shall be generated through collection of data and information, generation of data on impacts. Baseline data collection can be for any season except monsoon. Details of the present land use and post mining land use of the operating and abandoned mines individually and as a cluster shall be furnished as part of the EIA. A detailed Mine Closure Plan and a Mine Reclamation Plan for the abandoned mines (UG and OC)/pits/quarries found in the cluster shall be furnished as a part of EIA-EMP study. The closure of UG mines should ensure that no illegal mining is done thereafter from the mines. Details of long term benefits to environment because of cluster approach of mining shall be clearly addressed in the EIA-EMP study. In addition to the above, details of an Action Plan for project specific R&R and CSR shall also be formulated and presented in the EIA-EMP. The aforesaid Integrated Environmental Management Plan shall be dovetailed with the Jharia Action Plan and details of its implementation with specific time-lines should be provided. As Dhanbad is a Critically Polluted Area, the specific Action Plan for mitigation and improvement of env. quality should be presented. The grant of EC tot eh closed mine would be examined as per regulations at the time of consideration of EC.

(ii)                An EIA-EMP Report would be prepared for cluster VI consisting of 4 mines consisting of 2 OC I UG and 1 UG-cum-OC mine of which 1 is closed of a combined production capacity of 5.87 MTPA with a peak capacity of 7.631 MTPA in a combined ML area of 876.55 ha and cover the impacts and management plan for the project specific activities on the environment of the region, and the environmental quality – air, water, land, biotic community, etc. through collection of data and information, generation of data on impacts including prediction modelling for 5.87 MTPA with a peak capacity of 7.631 MTPA. Baseline data collection can be for any season except monsoon.

(iii)               Fire dousing measures should be adopted and some fire dousing strategy is required.

(iv)              R&R involving 1387 PAFs living in unstable locations within the cluster, for which the Jharia Action Plan has been formulated, should be included. Skill development and alternate livelihood opportunities should be provided to the project affected people under R&R. Post-project monitoring of effectiveness of implementation of R&R should also be carried out by PP. The Committee also desired that rehabilitation of people in cluster VI would be dovetailed with Jharia Action Plan. The Committee also desired that large number of youth should be identified between the age group of 25-30 year and trained for carrying out mining activity in future.

(v)                The Committee also desired that a detailed CSR Plan for the entire cluster and @Rs 5/T of coal to be earmarked for activities under CSR. The Committee further desired that for monitoring of the proper implementation of CSR activity the company should create, a dedicated multidisciplinary team of local people including the social scientists/sociologists.

(vi)              The Committee desired that the details of areas under Mining Rights and under Surface rights and their land use should be provided in the EIA-EMP Report.

(vii)             An EIA-EMP Report would be prepared for a combined rated capacity of…….. MTPA  for OC-cum-UG project which consists of ……. MTPA for OC and ………. MTPA for UG in an ML/project area of …… ha based on the generic structure specified in Appendix III of the EIA Notification 2006.

(viii)           An EIA-EMP Report would be prepared for ……. MTPA rated capacity cover the impacts and management plan for the project specific activities on the environment of the region, and the environmental quality – air, water, land, biotic community, etc. through collection of data and information, generation of data on impacts including prediction modelling for ………. MTPA of coal production based on approval of project/Mining Plan for …….. MTPA. Baseline data collection can be for any season except monsoon.

(ix)               A map specifying locations of the State, District and Project location.

(x)                A Study area map of the core zone and 10km area of the buffer zone (1: 50,000 scale) clearly delineating the major topographical features such as the land use, surface drainage of rivers/streams/nalas/canals, locations of human habitations, major constructions including railways, roads, pipelines, major industries/mines and other polluting sources. In case of ecologically sensitive areas such as Biosphere Reserves/National Parks/WL Sanctuaries/ Elephant Reserves, forests (Reserved/Protected), migratory corridors of fauna, and areas where endangered fauna and plants of medicinal and economic importance found in the 15 km area of the buffer zone should be given.

(xi)               Land use map (1: 50,000 scale) based on a recent satellite imagery of the study area may also be provided with explanatory note of the land use. Satellite imagery per se is not required.

(xii)             Map showing the core zone delineating the agricultural land (irrigated and unirrigated, uncultivable land (as defined in the revenue records), forest areas (as per records), along with other physical features such as water bodies, etc should be furnished.

(xiii)            A contour map showing the area drainage of the core zone and 2-5 km of the buffer zone (where the water courses of the core zone ultimately join the major rivers/streams outside the lease/project area) should also be clearly indicated as a separate map.

(xiv)           A detailed Site plan of the mine showing the various proposed break-up of the land for mining operations such as the quarry area, OB dumps, green belt, safety zone, buildings, infrastructure, CHP, ETP, Stockyard, township/colony (within and adjacent to the ML), undisturbed area and if any, in topography such as existing roads, drains/natural water bodies are to be left undisturbed along with any natural drainage adjoining the lease /project and modification of thereof in terms of construction of embankments/bunds, proposed diversion/rechannelling of the water courses, etc., approach roads, major haul roads, etc.

(xv)             In case of any proposed diversion of nallah/canal/river, the proposed route of diversion/modification of drainage and their realignment, construction of embankment etc. should also be shown on the map.

(xvi)           Similarly if the project involves diversion of any road/railway line passing through the ML/project area, the proposed route of diversion and its realignment should be shown.

(xvii)          Break up of lease/project area as per different land uses and their stage of acquisition.

(xviii)        Break-up of lease/project area as per mining operations.

(xix)            Impact of changes in the land use due to the start of the projects if much of the land being acquired is agricultural land/forestland/grazing land.

(xx)             Collection of one-season (non-monsoon) primary baseline data on environmental quality - air (PM10, PM2.5, SOx , NOx and heavy metals such as Hg, Pb, Cr, As, etc), noise, water (surface and groundwater), soil along with one-season met data.

(xxi)            Map of the study area (1: 50, 000 scale) (core and buffer zone clearly delineating the location of various stations superimposed with location of habitats, other industries/mines, polluting sources. The number and location of the stations in both core zone and buffer zone should be selected on the basis of size of lease/project area, the proposed impacts in the downwind (air)/downstream (surface water)/groundwater regime (based on flow). One station should be in the upwind/upstream/non-impact/non-polluting area as a control station. The monitoring should be as per CPCB guidelines and parameters for water testing for both ground water and surface water as per ISI standards and CPCB classification wherever applicable. Values should be presented in comparison to desirable limits.

(xxii)          Study on the existing flora and fauna in the study area (10km) carried out by an institution of relevant discipline and the list of flora and fauna duly authenticated separately for the core and buffer zone and a statement clearly specifying whether the study area forms a part of the migratory corridor of any endangered fauna. If the study area has endangered flora and fauna, or if the project falls within 15 km of an ecologically sensitive area, then a comprehensive Conservation Plan should be prepared and furnished along with comments from the CWLW of the State Govt.

(xxiii)         Details of mineral reserves, geological status of the study are and the seams to be worked, ultimate working depth and progressive stage-wise working scheme until end of mine life should be reflected on the basis of the approved rated capacity and calendar plans of production from the approved Mining Plan. Geological maps and sections should be included. The progressive mine development and final mine closure plan should also be shown in figures.

(xxiv)        Details of mining methods, technology, equipment to be used, etc., rationale for selection of that technology and equipment proposed to be used vis-à-vis the potential impacts.

(xxv)          Study on subsidence, measures for mitigation/prevention of subsidence, modelling subsidence prediction and its use during mine operation, safety issues.

(xxvi)        Impact of mining on hydrology, modification of natural drainage, diversion and channelling of the existing rivers/water courses flowing though the ML and adjoining the lease/project and the impact on the existing users and impacts of mining operations thereon.

(xxvii)       Detailed water balance should be provided. The break up of water requirement for the various mine operations should be given separately.

(xxviii)     Source of water for use in mine, sanction of the competent authority in the State Govt. and impacts vis-à-vis the competing users.

(xxix)         Impact of mining and water abstraction use in mine on the hydrogeology and groundwater regime within the core zone and 10 km buffer zone including long–term modelling studies on. Details of rainwater harvesting and measures for recharge of groundwater should be reflected in case there us a declining trend of groundwater availability and/or if the area falls within dark/grey zone.

(xxx)          Impact of blasting, noise and vibrations.                       

(xxxi)         Impacts of mining on the AAQ, predictive modelling using the ISCST-3 (Revised) or latest model.

(xxxii)       Impacts of mineral transportation – within and outside the lease/project along with flow-chart indicating the specific areas generating fugitive emissions. Impacts of transportation, handling, transfer of mineral and waste on air quality, generation of effluents from workshop, management plan for maintenance of HEMM, machinery, equipment. Details of various facilities to be provided in terms of parking, rest areas, canteen, and effluents/pollution load from these activities.

(xxxiii)      Details of waste generation – OB, topsoil – as per the approved calendar programme, and their management shown in figures as well explanatory chapter with tables giving progressive development and mine closure plan, green belt development, backfilling programme and conceptual post mining land use. OB dump heights and terracing should based on slope stability studies with a max of 28o angle as the ultimate slope. Sections of dumps (ultimate) (both longitudinal and cross section) with relation to the adjacent area should be shown.

(xxxiv)     Impact and management of wastes and issues of rehandling and backfilling and progressive mine closure and reclamation.

(xxxv)       Flow chart of water balance. Treatment of effluents from workshop, township, domestic wastewater, mine water discharge, etc. Details of STP in colony and ETP in mine. Recycling of water to the max. possible extent.

(xxxvi)     Occupational health issues. Baseline data on the health of the population in the impact zone and measures for occupational health and safety of the personnel and manpower for the mine.

(xxxvii)    Risk Assessment and Disaster Preparedness and Management Plan.

(xxxviii)  Integrating in the Env. Management Plan with measures for minimising use of natural resources - water, land, energy, etc.

(xxxix)      Progressive Green belt and afforestation plan (both in text, figures as well as in tables prepared by MOEF) and selection of species (local) for the afforestation/plantation programme based on original survey/landuse.

(xxxx)  Conservation Plan for the endangered/endemic flora and fauna found in the study area and for

safety of animals visiting/residing in the study area and also those using the study area as a   

migratory corridor.

(xxxxi)  Conceptual Final Mine Closure Plan, post mining land use and restoration of land/habitat to

pre- mining. A Plan for the ecological restoration of the area post mining and for land use

should be prepared with detailed cost provisions Including cost of EMP (capital and recurring) in the project cost and for progressive and final mine closure plan.

(xxxxii)  Details of R&R.  Detailed project specific R&R Plan with data on the existing socio-economic

            status of the population (including tribals, SC/ST, BPL families) found in the study area and   

            broad plan for resettlement of the displaced population, site for the resettlement colony,

            alternate livelihood concerns/employment for the displaced people, civic and housing amenities

            being offered, etc and costs along with the schedule of the implementation of the R&R Plan.

(xxxxiii) CSR Plan along with details of villages and specific budgetary provisions (capital and recurring)

            for specific activities over the life of the project.

(xxxxiv) Public Hearing should cover the details of notices issued in the newspaper,

             proceedings/minutes of public hearing, the points raised by the general public and

             commitments made by the proponent should be presented in a tabular form. If the Public

            Hearing is in the regional language, an authenticated English Translation of the same should

            be provided.

(xxxxv)  In built mechanism of self-monitoring of compliance of environmental regulations.

(xxxxvi) Status of any litigations/ court cases filed/pending on the project.

(xxxxvii) Submission of sample test analysis of:

Characteristics of coal - this includes grade of coal and other characteristics – ash, S and heavy metals including levels of Hg, As, Pb, Cr etc.

(xxxxviii) Copy of clearances/approvals – such as Forestry clearances, Mining Plan Approval,

            NOC from Flood and Irrigation Dept. (if req.), etc.

 

The following general points should be noted:

 

(i)         All documents should be properly indexed, page numbered.

(ii)        Period/date of data collection should be clearly indicated.

(iii)       Authenticated English translation of all material provided in Regional languages.

(iv)       After the preparation of the draft EIA-EMP Report as per the aforesaid TOR, the proponent shall get the Public Hearing conducted as prescribed in the EIA Notification 2006 and take necessary action for obtaining environmental clearance under the provisions of the EIA Notification 2006.

(v)                The letter/application for EC should quote the MOEF file No. and also attach a copy of the letter prescribing the TOR.

(vi)              The copy of the letter received from the Ministry on the TOR prescribed for the project should be attached as an annexure to the final EIA-EMP Report.

(vii)      The final EIA-EMP report submitted to the Ministry must incorporate the issues in TOR and that raised in Public Hearing. The index of the final EIA-EMP report, must indicate the specific chapter and page no. of the EIA-EMP Report where the specific TOR prescribed by Ministry and the issue raised in the P.H. have been incorporated. Mining Questionnaire (posted on MOEF website) with all sections duly filled in shall also be submitted at the time of applying for EC.

(viii)      The aforesaid TOR has a validity of two years only.

 

The following additional points are also to be noted:

(i)                  Grant of TOR does not necessarily mean grant of EC.

(ii)                Grant of TOR/EC to the present project does not necessarily mean grant of TOR/EC to the captive/linked project.

(iii)               Grant of TOR/EC to the present project does not necessarily mean grant of approvals in other regulations such as the Forest (Conservation) Act 1980 or the Wildlife (Protection) Act, 1972.

(iv)       Grant of EC is also subject to Circulars issued under the EIA Notification 2006, which are available on the MOEF website: www.envfor.nic.in

Yours faithfully,

 

 

 

(Dr.T.Chandini)

Director

 

Copy to: Member-Secretary, Jharkhand State Pollution Control Board, TA Building, HEC Complex, P.O.  

             Dhurva, Ranchi - 834002.

 

 

 

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