No.
J-11015/152/2011-IA.II(M)
Government of India
Ministry of Environment & Forests
Paryavaran
Bhavan,
C.G.O.
Complex, Lodi Road,
New
Delhi-110003.
Telefax.
2436 2434
Dated the
30th March, 2012
To
Shri Prakash Chandra Dwivedi &
Shri Amitesh Kumar
Chhibao, Tehsil Attarra,
District Banda – 210 001 (U.P.)
Sub: Kanwara
River Bed Sand/Murrum Mine of Shri Prakash Chandra Dwivedi and Shri Amitesh
Kumar, village Kanwara, Taluka Banda, District Banda, Uttar Pradesh –
Prescribing of TOR - Regarding.
Reference is invited to your letter no.
RSPL/MoEF/01/11 dated nil along with the application in the prescribed format
(Form-I) and a copy of the pre-feasibility report to
prescribe the TORs for undertaking detailed EIA study for the purpose of
obtaining environmental clearance under the provisions of the EIA Notification,
2006 in respect of the above mentioned project.
2. The proposal is for renewal of mine lease which fell due in September,
2009 for production of 1,80,000 TPA (1,00,000 m3) of sand / Murrum
(minor mineral) from the bed of river Ken, a tributary of river Yamuna. Mine is reported to be closed since July,
2011. Mine lease area is 78.79 ha. No forestland is involved. Mine working will be opencast. Mineral transportation will be by road.
3. It
has been observed that the mine continued has operated after it fell due for
renewal in September, 2009 without obtaining requisite prior environmental
clearance. The proponent have submitted an undertaking on a non judicial stamp
paper dated 29.10.2011 that violation made as per Environment (Protection) Act,
1986 will not be repeated, which has been taken on record.
4. Based on the information contained in the
documents submitted and the presentation made before the Expert Appraisal Committee
(EAC) for mining projects during its Meeting held on August 24-26, 2011, the
following TORs are prescribed:-
1)
Year-wise
production details since 2006 after the EIA Notification, 2006 coming into
force.
2)
An
undertaking on a non judicial stamp paper to the effect that the mine is closed
w.e.f. 1.7.2011 as stated during the meeting should be given.
3)
A
copy of the document in support of the fact that the proponent is the rightful
lessee of the mine should be given.
4)
All
documents including approved mine plan (eco friendly mine plan), EIA report and
public hearing should be compatible with one another in terms of the mine lease
area, production levels, waste generation and its management and mining
technology.
5)
The
terms and conditions imposed, if any, by the Competent Authority in the State
Government while granting mining lease / permit / contract should be built into
the mine plan (eco friendly mine plan) as well as the EIA report. It may inter-alia include; area of working
(length and breadth of the river stretch), mode of working, working shift,
transportation of mineral, restriction, if any imposed for working etc.
6)
Involvement
of forestland, if any, in the project and status of forestry clearance should
be given.
7)
The
study area will comprise of 10 km zone around the mine lease from lease
periphery and the data contained in the EIA such as waste generation etc should
be for the life of the mine / lease period.
8)
Does
the company have a well laid down Environment Policy approved by its Board of
Directors? If so, it may be detailed in the EIA report.
9)
Does
the Environment Policy prescribe for standard operating process/procedures to
bring into focus any infringement / deviation / violation of the environmental
or forest norms / conditions? If so, it may be detailed in the EIA.
10)
What
is the hierarchical system or Administrative order of the company to deal with
the environmental issues and for ensuring compliance with the EC
conditions. Details of this system may
be given.
11)
Does
the company have a 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?
This reporting mechanism should be detailed in the EIA report.
12)
A
study should also be carried out to decide on the quantum of mineral which can
be removed on sustainable basis taking into account the replenishment potential
of the area and details furnished.
13) Land use of
the study area delineating forest area, agricultural land, grazing land,
wildlife sanctuary and national park, migratory routes of fauna, water bodies,
human settlements and other ecological features.
14) Land use
plan of the mine lease area should be prepared to encompass pre-operational,
operational and post operational phases.
15) Impact of
the project on the wildlife in the surrounding and any other protected area and
accordingly detailed mitigation measures required should be worked out with
cost implications.
16) The
vegetation in the RF / PF in the study area, if any, should be indicated.
17) A study
shall be got done to ascertain the impact of the mining project on wildlife of
the area including aquatic life.
18) Location of
National Parks, Sanctuaries, Biosphere Reserves, Wildlife Corridors,
Tiger/Elephant Reserves (existing as well as proposed) within 10 km of the mine
lease should be clearly indicated supported by a location map duly
authenticated by Chief Wildlife Warden. Necessary clearance from the Chief
Wildlife Warden for operating the mine within 10 km of the National Park/Sanctuary,
if any, should also be obtained and furnished.
19)
A detailed biological study for the study area [core
zone and buffer zone (10 km radius of the periphery of the mine lease)]
including the aquatic fauna in the riverine system shall be carried out.
Details of flora and fauna, duly authenticated, separately for core and buffer
zone should be furnished based on field survey clearly indicating the Schedule of the fauna present. In case of any
scheduled-I fauna found in the study area, the necessary plan for their
conservation should be prepared in consultation with State Forest and Wildlife
Department and details furnished. Necessary allocation of funds for
implementing the same should be made as part of the project cost.
20)
Impact
of the project on land use including change of river course, if any should be
given.
21)
Impact
on topography, drainage, agricultural fields, cattle fields, wildlife, water
logging leading to water borne diseases, if any. It may also be shown whether it will lead to
change of watercourse of the river.
Modelling exercise should also be carried out through an expert agency
to show the change in river flow dynamics, if any.
22) Collection
of one season (non-monsoon) primary baseline data on ambient air quality (PM10,
SO2 and NOx), water quality, noise level, soil and flora and fauna,
site-specific meteorological data should also be collected. The location of the monitoring stations
should be justified. Date wise collected
baseline AAQ data should form part of EIA and EMP report. The mineralogical composition of PM10 particularly
for free silica should be given. There
should be at least one AAQ monitoring station within 500 m of the mine lease in
the pre-dominant downwind direction.
23)
Air
quality modelling should be carried out for prediction of impact of the project
on the air quality of the area. It should also take into account the impact of
movement of vehicles for transportation of mineral. The details of the model
used and input parameters used for modelling should be provided. The air quality contours may be shown on a
location map clearly indicating the location of the site, location of sensitive
receptors, if any and the habitation.
The wind roses showing pre-dominant wind direction may also be indicated
on the map. The impact of other adjoining mines should also be taken into account and
addressed appropriately in the EMP. A
comprehensive picture should be projected.
24)
The
water requirement for the project, its availability and source to be
furnished. A detailed water balance
should also be provided. Fresh water
requirement for the project should be indicated.
25)
Necessary
clearance from the Competent Authority for drawl of requisite quantity of water
for the project should be provided.
26)
Impact
of the project on the water quality should be assessed and necessary safeguard
measures, if any required should be provided.
27)
Information
on site elevation, working depth, groundwater table should be provided both in
AMSL and bgl. A schematic diagram may
also be provided for the same.
28)
Quantity
of solid waste generation, if any, should be estimated and details for its
disposal and management should be provided.
29)
Impact
on local transport infrastructure due to the project should be evaluated.
Projected increase in truck traffic as a result of the project in the present
road network (including those outside the project area) and whether it is
capable of handling the increased load should be estimated. Arrangement for improving the infrastructure,
if contemplated including action to be taken by other agencies such as State
Government, if any, should be covered.
30)
Details
of the infrastructure facilities to be provided for the mine workers should be
furnished.
31)
Phase-wise
plan of greenbelt development, plantation and compensatory afforestation
clearly indicating the area to be covered under plantation and the species to
be planted should be provided.
32)
Occupational
health impacts of the project activity should be anticipated and reported and
proposed preventive measures indicated. These along with details of
pre-placement medical examination and periodical medical examination schedules
and medical facilities proposed to be provided should be incorporated in the
EMP.
33)
Measures
of socio economic influence to the local community, proposed to be provided by
project proponent should be spelt out.
As far as possible, quantitative dimensions should be given.
34)
Detailed
environmental management plan to mitigate the environmental impacts. Specific
safeguard measures to control PM10 as well as pollution due to
transportation should be given.
35) Public
hearing points raised and commitment of the project proponent on the same along
with time bound action plan to implement the same should be provided.
36)
Details
of litigation pending against the project, if any, with direction /order passed
by any Court of Law against the project should be given.
37)
The
cost of the project (capital cost and recurring cost) as well as the cost
towards implementation of EMP should clearly be spelt out.
4. Besides the above, the below
mentioned general points will also to be followed:-
a)
A
note confirming compliance of the TOR, with cross referencing of the relevant
sections / pages of the EIA report should be provided.
b)
All documents may be properly referenced with index,
page numbers and continuous page numbering.
c)
Where data are presented in the report especially in
tables, the period in which the data were collected and the sources should be
indicated.
d)
Where the documents provided are in a language other
than English, an English translation should be provided.
e)
The Questionnaire for environmental appraisal of
mining projects as prescribed by the Ministry shall also be filled and
submitted.
f)
Approved mine plan along with copy of the approval
letter for the proposed capacity should also be submitted.
g)
While preparing the EIA report, the instructions for
the proponents and instructions for the consultants issued by MoEF vide O.M.
No. J-11013/41/2006-IA.II(I) dated 4th August, 2009, which are
available on the website of this Ministry should also be followed.
5. The EIA report should also include
surface plan of the area indicating contours of main topographic features,
drainage and mining area.
6. The
prescribed TORs would be valid for a period of two years for submission of the EIA/EMP
reports, as per the O.M. No. J-11013/41/2006-IA.II(I) dated 22.3.2010.
7. 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 proponent will get the public hearing conducted and take further
necessary action for obtaining environmental clearance in accordance with the
procedure prescribed under the EIA Notification, 2006.
(Dr. S.K. Aggarwal)
Director
Copy to:-
1. The Secretary (Environment), Forests and
Environment Department, Govt. of Uttar Pradesh, Room No. 13, New Buildings
Vidhan Bhawan, Lucknow- 226 001.
2. The Chairman, Uttar Pradesh Pollution
Control Board, ‘PICUP Bhawan’ 3rd Floor, B- Block, Vibhuti Khand,
Gomti Nagar, Lucknow – 226 020.
3. The
Chief Conservator of Forests, Regional Office (CZ), Ministry of Environment
& Forests, Kendriya Bhandar, 5th Floor, Sector-H, Aliganj,
Lucknow-226 020, Uttar Pradesh.
4. Guard file.
(Dr. S.K. Aggarwal)
Director