No.
J-11015/224/2011-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
28th March, 2012
To
M/s The Industrial Development
Corporation of Orissa Ltd.
Head Mines, IDCOL House,
Unit II, Ashok Nagar,
Bhubaneswar – 751009 (Orissa).
Sub: Ampavalli Limestone Mine of M/s The Industrial Development
Corporation of Orissa Ltd., Village Ampavalli, Tehsil Pottangi,
District Koraput, Orissa – Prescribing of TOR - Regarding.
Reference is invited to your letter
no. 2934 dated 9.8.2011 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 renewal of mine lease with will
fall due in August, 2013 and enhancement of production of limestone to
10,01,074 TPA. The mine lease area is 285.429 ha. No forestland is involved.
The mine lease area is part of the Eastern Ghats and confined to a closed
valley which forms part of the main Ampavalli Valley. No national
park/sanctuary is reported with a 10km of the mine lease. Mine working will be
opencast mechanized involving drilling and blasting. The material from this
mine will be used in there cement plant at a distance of about 2 km. Life of
mine is 60 years. Water requirement is estimated as 55 kld.
3. It
has been observed that the production from the mine
was enhanced after the EIA Notification, 1994 coming into force without
obtaining requisite prior environment clearance. The proponent have
submitted a copy of the Resolution passed by the Board of Director’s dated
17.1.2012 duly certified by the Company Secretary conveying their commitment
for protection of environment and to ensure compliance of all applicable
legislation and that no violation takes place, 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 November 28-30,
2011, 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 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 justified.
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 Orissa, Bhubaneswar-751001.
2. The
Chairman, Orissa State Pollution Control Board, A-118, Nilkantha Nagar, Unit-8,
Bhubaneswar-751 012.
3. The
Chief Conservator of Forests (C), Ministry of Environment & Forests,
Government of India, Regional Office (EZ), A-3, Chandrasekharpur, Bhubaneswar -
751 023.
4. Guard
File.
(Dr. S.K. Aggarwal)
Director