No.
J-11015/44/2012-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
10th July, 2012
To
M/s BENITA Industries Ltd.
B.S. Maktha, Somajiguda,
Hyderabad - 82
Sub: Iron Ore & Laterite Mining of M/s BENITA
Industries Ltd, Village Chabali, Pendlimarri Mandal, District Kadapa, Andhra
Pradesh – Prescribing of TOR - Regarding.
Reference is invited to the letter no.
nil dated 23.1.2012 from M/s Shree Raja Rajeswari Dolomites 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. Subsequent information
furnished by M/s Shree Raja Rajeswari Dolomites vide letter dated 21.3.2012
informing that the said lease has been transferred to M/s BENITA Industries
Ltd. has also been considered.
2. The proposal is for enhancement of production of low
grade iron ore from 50,000 TPA to 2,64,915 TPA and laterite production from
23,328 TPA to 1,94,580 TPA. The mine lease area is 163.482 ha. No forestland is
involved. Mine working will be opencast.
3. It has been observed that the mine has worked after its grant in 2004 without
obtaining requisite prior environmental clearance. The proponent have submitted
an undertaking on a non judicial stamp paper dated 3.7.2012 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 March 19-21,
2012, the following TORs are prescribed:-
1)
Year-wise production
details since 1994 onwards should be given clearly stating the highest
production achieved in any one year prior to 1994. It may also be categorically informed whether
there had been any increase in production after the EIA Notification, 1994
coming into force w.r.t. the highest production achieved prior to 1994.
2)
A copy of the
document in support of the fact that the proponent is the rightful lessee of
the mine should be given.
3)
All documents
including approved mine plan, EIA 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 and should
be in the name of the lessee.
4)
All corner coordinates of the mine lease area
superimposed on High Resolution Imagery/toposheet should be provided.
5)
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.
6)
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.
7)
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.
8)
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.
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 delineating forest
area, agricultural land, grazing land, wildlife sanctuary and national park, migratory routes of
fauna, water bodies, human settlements and other ecological features should be
indicated.
11)
Land use plan of the
mine lease area should be prepared to encompass pre-operational, operational and
post operational phases and submitted.
12)
Location of National
Parks, Sanctuaries, Biosphere Reserves, Wildlife Corridors, Tiger/Elephant
Reserves (existing as well as proposed), if any, within 10 km of the mine lease
should be clearly indicated supported by a location map duly authenticated by
Chief Wildlife Warden. Necessary clearance, if any, as may be applicable to
such projects due to proximity of the ecologically sensitive areas as mentioned
above should be obtained from the State Wildlife Department/ Chief Wildlife
Warden under the Wildlife (Protection) Act, 1972 and copy furnished.
13)
A detailed
biological study for the study area [core zone and buffer zone (10 km radius of
the periphery of the mine lease)] shall be carried out. Details of flora and fauna,
duly authenticated, separately for core and buffer zone should be furnished
based on primary 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.
14)
Impact, if any, of
change of land use should be given.
15)
R&R plan /
compensation details for the project affected people should be furnished. While preparing the R&R plan, the
National Rehabilitation & Resettlement Policy should be kept in view. In respect of SCs / STs and other weaker
sections, need based sample survey, family-wise, should be undertaken to assess
their requirement and action programmes prepared accordingly integrating the
sectoral programme of line departments of the State Government.
16)
One season
(non-monsoon) primary baseline data on ambient air quality (PM10, SO2
and NOx), water quality, noise level, soil and flora and fauna shall be
collected and the AAQ data so collected presented date-wise in the EIA and EMP
report. Site-specific meteorological
data should also be collected. The
location of the monitoring stations should be such as to represent whole of the
study area and justified keeping in view the pre-dominant downwind direction
and location of sensitive receptors. There should be at least one monitoring
station within 500 m of the mine lease in the pre-dominant downwind
direction. The mineralogical composition
of PM10 particularly for free silica should be given.
17)
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.
18)
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.
19)
Necessary clearance
from the Competent Authority for drawl of requisite quantity of water for the
project should be provided.
20)
Details of water
conservation measures proposed to be adopted in the project should be given.
21)
Impact of the
project on the water quality both surface and groundwater should be assessed
and necessary safeguard measures, if any required should be provided.
22)
Based on actual monitored data, it may clearly
be shown whether working will intersect groundwater. Necessary data and documentation in this
regard may be provided. In case the
working will intersect groundwater table, a detailed hydro geological study
should be undertaken and report furnished.
Necessary permission from Central Ground Water Authority for working
below ground water and for pumping of ground water should also be obtained and
copy furnished.
23)
Details of any stream, seasonal or otherwise,
passing through lease area and modification / diversion proposed, if any and
the impact of the same on the hydrology should be brought out.
24)
Details of rainwater
harvesting proposed, if any, in the project should be provided.
25)
Information on site
elevation, working depth, groundwater table etc. should be provided both in
AMSL and bgl. A
schematic diagram may also be provided for the same.
26)
Quantity of solid
waste generation to be estimated and details for its disposal and management
should be provided. The quantity,
volumes and methodology planned for removal and utilisation (preferably
concurrently) of top soil should be indicated.
Details of backfilling proposed, if any, should also be given. It may be clearly indicated that out of the
total waste generated during the mine life, how much quantity would be
backfilled and how much quantity would be disposed off in the form of external
dump (number of dumps, their height, terraces etc. to be brought out).
27)
The reclamation plan, post mine land use and
progressive greenbelt development plan shall be prepared in tabular form
(prescribed format) and submitted.
28)
Impact on local
transport infrastructure due to the project should be indicated. Projected
increase in truck traffic as a result of the project in the present road
network (including those outside the project area) should be worked out,
indicating whether it is capable of handling the increased load. Arrangement for improving the infrastructure,
if contemplated (including action to be taken by other agencies such as State
Government) should be covered.
29)
Details of the
infrastructure facilities to be provided for the mine workers should be
included in the EIA report.
30)
Conceptual post
mining land use and Reclamation and Rehabilitation of mined out area (with
plans and with adequate number of sections) should be given in the EIA report.
31)
Phase-wise plan of
greenbelt development, plantation and compensatory afforestation should be
charted clearly indicating the area to be covered under plantation and the
species to be planted. The details of plantation already done should be
given.
32)
Occupational health
impact of project should be anticipated and preventive measures initiated. Details in this regard should be provided.
Details of pre-placement medical examination and periodical medical examination
schedules should be incorporated in the EMP.
33)
Public health implication of the project and
related activities for the population in the impact zone should be
systematically evaluated and the proposed remedial measures should be detailed
along with budgetary allocation.
34)
Measures of socio economic significance and
influence to the local community proposed to be provided by project proponent
should be indicated. As far as possible,
quantitative dimensions may be given with time frame for implementation.
35)
Detailed
environmental management plan to mitigate the environmental impacts which,
should inter-alia also include the impact due to change of land use, due to
loss of agricultural land and grazing land, if any, occupational health impacts
besides other impacts of the projects.
36)
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 and also
incorporated in the final EIA/EMP Report of the Project.
37)
Details of litigation pending against the
project, if any, with direction /order passed by any Court of Law against the
project should be given.
38)
The cost of the project (capital cost and
recurring cost) as well as the cost towards implementation of EMP should
clearly be spelt out.
5. 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.
h) Changes, if any made in the basic scope and project
parameters (as submitted in Form-I and the F.R for securing the TOR) should be
brought to the attention of MoEF with reasons for such changes and permission
should be sought, as the TOR may also have to be altered. Post Public Hearing
changes in structure and content of the draft EIA/EMP (other than modifications
arising out of the P.H. process) will entail conducting the PH again with the
revised documentation.
6. The
EIA report should also include (i) surface plan of the area indicating contours
of main topographic features, drainage and mining area, (ii) geological maps
and sections and (iii) sections of the mine pit and external dumps, if any,
clearly showing the land features of the adjoining area.
7. 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.
8. 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, Department of Environment, Govt. of Andhra Pradesh, Secretariat,
Hyderabad-500 022.
2.
The
Chairman, Andhra Pradesh Pollution Control Board, Paryavaran Bhawan, A-3,
Industrial Estate, Sanath Nagar, Hyderabad-500 018.
3.
The
Chief Conservator of Forests, Ministry of Environment & Forests, Government
of India, Regional Office, Kendriya Sadan, 4th Floor, E&F Wings,
7th Main Road, II Block, Koramangala, Bangalore – 560034.
4.
Guard
File.
(Dr. S.K. Aggarwal)
Director