No.
J-11015/186/2011-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 April, 2012
To
Shri Charan Singh
S/o Dharam Pal Singh
Village Gadhi Kattiya,
Tehsil & District
Ghaziabad-201102
Sub: Collection of sand from river Yamuna of M/s Charan Singh & Others,
village Subhanpur Bangar, Tehsil Baraut, District Baghpat, U.P. –
Prescribing of TOR - Regarding.
Reference is invited to your letter no.
nil dated 22nd July, 2011 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 environmental clearance for renewal of mine lease for
mining of 3.6 lakh TPA of sand from the bed of river Yamuna. The mine lease
area is 16.01 ha. It has been considered as Category ‘A’ because of its
location within 10 km of the interstate boundary of U.P., Delhi and Haryana.
Mine working will be manual and will be confined up to 3 mtr. depth and will be
limited to above water table.
3. It
has been observed that the mine started operation in September, 2006 after the
EIA Notification, 2006 coming into force without requisite prior
environment clearance thereby violating the provisions of the Environment
(Protection) Act, 1986. The proponent
have submitted Resolution passed by the Managing Committee dated 20.1.2012 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 October 19-21,
2011, the following TORs are prescribed:-
1)
Year-wise production prior to EIA Notification, 2006
coming into force and clearly stating the highest production achieved in any
one year prior to 2006. It may also be
categorically informed whether there had been any increase in production after
the EIA Notification, 2006 coming into force w.r.t. the highest production
achieved prior to 2006.
2)
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.
3)
All
corner coordinates of the mine lease area superimposed on High Resolution
Imagery/toposheet should be provided.
4)
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.
5)
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.
6)
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.
7)
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.
8)
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, mode of working, working shift,
transportation of mineral etc.
9)
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.
10)
Land use of the study area should be provided,
delineating forest area, agricultural land, grazing land, wildlife sanctuary
and national park, migratory routes of fauna, water bodies, human settlements
and other ecological features.
11)
Land use plan of the mine lease area should be
prepared to encompass pre-operational, operational and post operational
phases.
12)
Impact of the project on the wildlife in the
surrounding and any other protected area and accordingly detailed mitigative
measures required should be worked out with cost implications.
13)
Detailed description of the vegetation in the RF /
PF area should be given.
14)
A study shall be got done to ascertain the impact of
the mining project on wildlife of the area including on the elephant
population.
15)
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. A location map duly authenticated by Chief
Wildlife Warden should be provided in this regard. Necessary clearance from the
Chief Wildlife Warden for operating the mine within 10 km of the National Park,
if any, should also be obtained and furnished.
16)
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 / amphibians especially fresh water turtles and
other nesting sites, if any, in the riverine system shall be carried out. Avian fauna should also be covered. The biological value on either bank of the
river should also be studied and given. 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 and close monitoring 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.
17)
Impact of the project on land use including change
of river course, if any, should be brought out. The impact of the project on
the adjoining agricultural fields should also be assessed and the proposed
mitigation measures should be given in detail.
18)
Impact on topography, drainage, agricultural fields,
cattle fields, wildlife, water logging leading to water borne diseases, if any,
should also be studied and spelt out. It
may also be shown whether it will lead to change of watercourse of the
river. Modeling exercise should also be
carried out through an expert agency to show the change in river flow dynamics,
if any.
19)
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.
20)
Air quality modeling 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 modeling
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.
21)
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.
22)
Necessary clearance from the Competent Authority for
drawl of requisite quantity of water for the project should be provided.
23)
Impact of the project on the water quality should be
assessed and necessary safeguard measures, if any required should be provided.
24)
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.
25)
Quantity of solid waste generation, if any, should
be estimated and details for its disposal and management should be provided.
26)
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.
27)
Details of the infrastructure facilities to be
provided for the mine workers.
28)
Phase-wise plan of greenbelt development, plantation
and compensatory afforestation should be drawn and presented, clearly
indicating the area to be covered under plantation and the species to be
planted.
29)
Occupational health impact of project should be
anticipated and preventive measures initiated.
Details in this regard should be provided.
30)
Occupational health impact of the project should be
anticipated and preventive measures built in.
Details of pre-placement medical examination and periodical medical
examination schedules and medical facilities proposed to be provided should be
incorporated in the EMP.
31)
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 dimension should be given.
32)
Detailed environmental management plan to mitigate
the environmental impacts should be prepared and furnished. Specific safeguard
measures to control PM10 as well as pollution due to transportation should be
given.
33)
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.
34)
Details of litigation pending against the project,
if any, with direction /order passed by any Court of Law against the project
should be given.
35)
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 should also 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 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 (i) surface plan of the area indicating contours of main
topographic features, drainage and mining area and (ii) geological maps and
sections.
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