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Environmental Assessment and Review Framework (Draft)

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Environmental Assessment and Review Framework (Draft) Environmental Assessment and Review Framework (draft) Project Number: 47036 July 2013 Nepal: Project Preparatory Facility for Energy This Environmental Assessment and Review Framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors. Currency Equivalents Currency unit – Nepalese Rupee/s (NRs) NRs 1.00 = $ 0.011 $1.00 = NRs 90.3 List of Abbreviations and Acronyms Symbols º Degree ‘ Minutes ‘’ Seconds % Percentage E Easting N Northing m³/s Volume retained or discharged per second m Meter km Kilometer km2 Square Kilometer MSL Mean Sea Level ha Hectare kVA Kilovolt Ampere kW Kilowatt MW Mega Watt GWh Giga Watt hour Abbreviations AD Anno Domini ADB Asian Development Bank BS Bikram Sambat CBOs Community Based Organizations CDO Chief District Officer CF Community Forest CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora DDC District Development Committee DFO District Forest Office DoED Department of Electricity Development EARF Environmental Assessment and Review Framework EIA Environmental Impact Assessment EMP Environmental Management Plan EMU Environment Management Unit EPA Environmental Protection Act EPM Environmental Protection Measure EPR Environmental protection Rule ES Environment Section FGDs Focus Group Discussions FI Financial Intermediary FS Feasibility Study GHGs Green House Gases GIS Geographical Information System GoN Government of Nepal GRC Grievance Redress Committee GRM Grievance Redress Mechanism HEP Hydro Electricity Project IEE Initial Environmental Examination ILO International Labor Organization INGO International Non Governmental Organization IUCN International Union for Conservation of Nature JICA Japan International Cooperation Agency LACFC Land Acquisition and Compensation Fixation Committee LRO Land Revenue Office MEMP Mitigation and Enhancement Management Plan MNPR Million Nepalese Rupees MoEn Ministry of Energy MoFSC Ministry of Forest & Soil Conservation MoSTE Ministry of Science, Technology & Environment MPFS Master Plan for Forest Sector NBS Nepal Biodiversity Strategy NCS National Conservation Strategy NEPAP National Environment Policy and Action Plan NGO Non-Governmental Organization NPC National Planning Commission PMU Project Monitoring Unit RC Reinforced Concrete REA Rapid Environmental Assessment SEA Strategic Environmental Assessment SPS Safeguard Policy Statement SPVC Special Purpose Vehicle Company USD United States Dollar VDC Village Development Committee TABLE OF CONTENT A. INTRODUCTION ................................................................................................................................. 1 B. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY .................................. 3 C. ANTICIPATED ENVIRONMENTAL IMPACTS ................................................................................... 17 D. ENVIRONMENTAL ASSESSMENT FOR SUBPROJECTS AND/OR COMPONENTS ..................... 23 E. CONSULTATION, INFORMATION DISCLOSURE, AND GRIEVANCE REDRESS MECHANISM .. 25 F. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIES ...................................................... 26 G. MONITORING AND REPORTING ..................................................................................................... 29 LIST OF FIGURES FIGURE 1: PROJECT AREA LOCATION MAP ....................................................................................................... 2 FIGURE 2: LOCAL FISHERMAN FISHING IN SUNKOSHI RIVER ............................................................................. 18 FIGURE 3: FISH SPECIES FOUND IN SUNKOSHI RIVER ...................................................................................... 18 FIGURE 4: LANDUSE MAP .............................................................................................................................. 22 FIGURE 5: ORGANIZATION STRUCTURE FOR ENVIRONMENT MANAGEMENT PLAN .............................................. 28 LIST OF TABLES TABLE 1: ENVIRONMENTAL REGULATORY FRAMEWORK RELEVANT TO THE PROJECT .......................................... 3 TABLE 2: LAND INUNDATED AND INDIRECTLY AFFECTED BY THE PROJECT ......................................................... 19 TABLE 3: MAJOR STAKEHOLDERS AND THEIR ROLES AND RESPONSIBILITY. ....................................................... 26 TABLE 4: EIA STUDY TEAM FOR THE PROPOSED SUB-PROJECT ........................................................................ 27 TABLE 5: DETAILED COST ESTIMATES BY EXPENSE CATEGORY ....................................................................... 28 TABLE 6: EIA STUDY SCHEDULE .................................................................................................................... 29 LIST OF APPENDICES APPENDIX-1: RAPID ENVIRONMENTAL ASSESSMENT (REA) CHECKLIST APPENDIX-2: PHOTOGRAPHS A. Introduction 1. Asian Development Bank (ADB) is considering grant assistance for a project preparatory facility for energy (proposed grant) to the Government of Nepal (GoN). The facility is intended to be utilized for the detailed Environmental Impact Assessment (EIA) study of Sunkoshi -2 (1,110 MW), detail EIA of Sunkoshi – 3 (536 MW –Storage type), update EIA of Dudhkoshi and Initial Environment Examination (IEE) of second cross boarder transmission line projects (the project). At present, ADB intends to conduct succinct preliminary study to provide basis and formulation of Environmental Assessment and Review Framework (EARF) for detail EIA study of Sunkoshi – 2 Hydropower Project (sub-project). The Terms of Reference (ToR) for EIA/IEE of each individual sub-projects will be prepared by the borrower/client (Department of Electricity Development, Government of Nepal) before initiating such detail studies. The ToR will include all relevant environment issues and activities that should be considered in EIA. 2. The present work covers desk study followed by a field visit for consultation, preliminary survey, and preparation of Environmental Assessment and Review Framework (EARF) on the foreseeable environmental impacts from the sub-project development (i.e., Sunkoshi – 2 Hydropower Project). The EARF outlines the procedures that should be followed for environmental assessment and review of proposed sub-project in accordance with the Asian Development Bank (ADB) Safeguard Policy Statement (SPS, 2009) and Environment Protection Rules (EPR) 1997 of Government of Nepal (GoN). It is a useful vehicle for fitting the EIA within the policy and legal context and ensuring timely completion of the EIA to a satisfactory level. The EARF is intended primarily for use and reference by (i) the Department of Electricity Development (DoED), Ministry of Energy (MoEn), GoN (ii) ADB (iii) Ministry of Science Technology and Environment (MoSTE), GoN (iv) Project Affected Village Development Committees (VDCs) and (v) Project related stakeholders. 3. The sub-project plans to construct a 166 m high dam across the Sunkoshi river along with a dam-toe power station at the left bank of the river. The dam will be constructed between Mansulighat village of Rampur VDC, ward no 8 (left bank), Ramechhap district and Kudule village of Dudbhanjyan VDC, ward no 1 (right bank), Sindhuli district. The entire dam and powerhouse complex of the project will be located in Janakpur zone of Central Development Region of Nepal. 4. Geographically, the sub-project area is located between longitudes 86° 10’ 20” E to 85° 47’ 30” E and latitude 27° 14’ 00” N to 27° 29’ 30” N and in terms of elevation it is located between 400 m asl to 600 m asl. The entire project components and the inundation area will be located within Sindhuli (10 VDCs), Ramechhap (23 VDCs), Kavrepalanchowk (5 VDCs) and Dolakha (1 VDC) districts. 5. The scheme will impound some 80 km of the river stretch and its tributaries, creating a reservoir. The reservoir will have a surface area of approximately 70 km2 at full supply level and a gross storage capacity of 4.37 billion m3 and an effective storage of 3.04 billion m3. The installed capacity of the scheme has been estimated to be 1,110 MW, with an annual energy generation capacity of 4,760 GWh (JICA 1985). 6. The proposed dam area can be reached from Kathmandu via Araniko highway upto Dhulikhel which is 30 km from Kathmandu and then via Dhulikhel-Sindhuli (BP) Highway upto Khurkot which is 82 km from Dhulikhel. The BP Highway diverts from Sunkoshi River towards south from Adheri Khola (Khurkot). The Proposed dam area is about 27 km from Adheri Khola along Pushpalal Highway (Madhya Pahadi Lok Marga) which runs along the right bank of Sunkoshi River. The BP highway after Nepalthok and Pushpalal highway are under construction. However, the dam area has an all weather regular public bus service road due to the availability of temporary diversion roads (at the road construction sites). The project area location map is shown in Figure 1. 1 7. Figure 1: Project Area Location Map 2 B. Assessment of Legal Framework and Institutional Capacity a. Legal framework 8. Government of Nepal (GoN) has ensured integration of EIA as a part of project development through enforcement of Environment Protection Act, 1997 AD/2053 BS (EPA) and Environment Protection Rules, 1997 AD/2054 BS (EPR). According to EPA 1997, EPR1997 (amendment in 2008 AD/2065 BS, Annual Budget of 2008 AD/2065 BS, published in gazette 2nd Feb 2009 AD/Magh 20, 2065 BS), pertaining to rule 3, schedule- 2 heading E- water resources and energy sector; sub-section 3, operation of electricity
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