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Minutes of the 4.9thMeeting of the State Level Expert Appraisal Committee th - th (SEAC), (Raj.), held on 9 10 April, 2019. The 4.9thMeeting of the members of State Level Expert Appraisal Committee (SEAC), Rajasthan constituted for considering environmental clearance projects (B-category) under GoI Notification 14.03.2017 was held on 9th - 10th April,2019.at 11:00 AM in the meeting hall of RPCB, Jaipur under the Chairmanship of Sh. Manoj Kumar Agrawal. The names of the members who attended the meeting are as follows:-
S. Name Designation 09.04.2019 10.04.2019 No. 1 Sh. Manoj Kumar Agrawal Chairman Attended Attended
2 Dr. Suja George Vice Chairman - - 3 Sh. Pushakar Singh Member Attended Attended Shekhawat 4 Shri Mukesh Behari Sharma Member Attended Attended
5 Laxmi Kant Dashora Member Attended - 6 Sh. Buddhi Prakash Pareek Member Attended Attended
7 Shri Vikram Singh Chauhan Member - -
The Secretary welcomed the members. The Secretary, SEAC informed the members that 41 project proposals were circulated vide meeting notice dated. 04.04.2019. Further with the permission of Chairman 1 projects/ issue was considered as additional agenda. List of the 41 project proposals are given below at Annexure A and additional agenda is given at the end of the minutes.
ANNEXURE A
Agenda Name of project\company listed for the Meeting No. 1. Application for grant of Environment Clearance in respect of Karoli Lime Stone Mines, over an area of 1.00 Ha. (M.L. No. 46/96) at near village Karoli, Tehsil Nathdwara, District Rajsamand (Rajasthan) in ‘B2’ category. File no.-1323 2. Environmental Clearance of Ball Clay, China Clay, Red & Yellow Ocher & Silica Sand Mine, M.L.No.14/08, production Capacity (99999.9 TPA (clay)),30,0000 TPA (silica sand), M.L.Area- 33.03 ha., khasra No. 154, 786, 789, 801, 802, 819, 1005/784, 796,155, 156, 783, 784, 800, 803, 818, 785, 790, 49, 50, 51, 52, 53, 54, 55, 157, 158, 255, 264, 265, 266, 267, Near Village – Mudh,Tehsil- Kolayat, District- Bikaner (Raj.)of Sh. Narendra Malik. File no.-15455 Environmental ClearanceUshan Soap Stone Mining Project M.L.No.57/1978,5/2000 3. (R) ML Area 23.525 ha, production capacity- 47142 (3322UG+43821Open cast) TPA Near Village: Ushan, Tehsil – Nathdwara, District- Rajasmand (Rajasthan) Sh. Rajendra Prasad Gupta. File no.-51
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Application for terms of referance for proposed indawar china clay Mine , M.L. No. 4. - 6/2013 khasra No. - 81,84, 88, 4984/ 82,4985/ 83,5362/ 82,5363/ 83,85, 4982/ 81,4983/ 83, 4986/ 84, 82, 83, 89, 90, 91, 92, 93, 94, 95, 96, 5364/ 88,5365/ 84,97 situated near village indawar, Tehsil- Merta city , Distt- Nagaur (Raj) over an area of 4.0946 ha. File no.-15208 5. Environment Clearance of Indrapura Granite Mining Project Plot No. – 32/2017 at Village-Indrapura, Tehsil- Asind, District – Bhilwara,, State – Rajasthan. Category of Project is B2. Area-2.9465Hect. Khasara No.-Khasra No: 14,15,17,18,51, 387/52 .(Proposal no-92725) File no.-15773 6. Environmental Clearance for proposed Ball clay and Silica sand Mining Project (M.L NO.11/2018) at Near village-Nal Choti, Tehsil and Dist.- Bikaner (Raj.) Area : 2.9020 Ha. Khasra no. 197 & 203 (Proposal no-94904) File no.- 15775 7. Submission of Application for Prior Environmental Clearance of our Daruda Masonary stone Cluster Area, Plot No. 10, (Plot Area – 1.00 Hectare) Near Village – Duruda, Tehsil – Barmer, District – Barmer (Rajasthan) in favor of M/s. Yougesh Rajpurohit. Area no. 1.00 hectare Khasra No.10 (Proposal no-30515) File no.- 15776 8. Application for release of Environment Clearance for Rajpura Granite Stone Ref. No. 2018100001202, Plot No.-20, Proposed Production – 95900 TPA (ROM) of Granite Stone Plote area – 1.00 hectare. Near Village- Rajpura, Tehsil- Malpura, Dist. Tonk (Rajasthan) Area:1.2553 hectare Plot area Khasra No. 20 (Proposal no- 93463) File no.-15777 9. Application for release of Environment Clearance for Sanpura Granite Mine Ref. No. 2018100001163, Proposed Production – 67900 TPA (ROM) of Granite Mine Plot area – 2.00 hectare. Near Village- Sanpur, Tehsil- Sirohi, Dist. Sirohi (Rajasthan) Area: 2.0 hectare Khasra No. Khasra No 1827, 1828 (Proposal no- 93661). File no.-15778 10. Environmental Clearance of our Daruda Masonary stone Cluster Area, Plot No. 07, (Plot Area – 1.00 Hectare) Near Village – Duruda, Tehsil – Barmer, District – Barmer (Rajasthan) in favor of M/s. Shri Arjun Singh S/o Shri padam Singh.Area no. 1.00 hectare Plot area Khasra No.07 (Proposal no-30731). File no.-15779 11. EC due to Proposed Masonry Stone Mineral Mining Project, Production Capacity 1,00,000 TPA M.L. No.- 03/2018, (Plot No. – 01/2018), Area- 1.0 ha., Near Vill.- Balaheda, Tehsil- Baswa, Distt.- Dausa (Raj.) By Manoj Kumar Lawaniya (Praposal No- 94568). File no.-15780 12. Terms of References (ToR) of Proposed Ball clay & Silica Mining Project, Production Capacity (Ball Clay-1, 19,625 MTPA, Silica Sand-1, 54,440 MTPA), Area-3.9918 ha, Near Vill.- Mudh, Tehsil- Kolayat, Distt.- Bikaner. Shri Ramuram Nayak and Shri Rajiram Meghwal. ML.No.-10/2018,Khasra no-1157/818, Ha. (Praposal No- 3124). File no.-15781 13. Terms of References (ToR) for Proposed Kot Feldspar & Quartz Mine Mining Project, Production Capacity Feldspar- 2,99,908 MTPA & 1764 TP OB/Waste Area- 3.9974 ha, ML No.-41/2800, Kot, Tehsil- Raipur, Distt.- Bhilwara (Raj.) By Mohammad Seed Khan. (Praposal No-31153). File no.-15782 14. EC for proposed Bambora Redochre Mine (M.L.no.-03/85, Renewal-08/05; area 47.425 ha) near village-Bambora, Tehsil-Chhoti Sadri, District-Pratapgarh. File no.- 317
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15. E.C. Proposed expansion project “Masnory Stone Mine” Area 1.0 ha.m M.L. No. 50/06 from 250 TPD to 745 TPD Production capacity :- 2,23,000 TPA of ROM, of lessee Sh. Sunil Kumar Tank Situated near Village- Ugariyawas (Bandhe ke Balaji) Tehsil- Mozamabad (Dudu) Distt- Jaipur Raj. File no. 835 16. EC for Tannery (Wet Blue skin to finish leather) at A-2, RIICO Industrial Area, Manpura Macheri, Jaipur (Rajsthan). File no-1143 17. E.C. for Karoti Dhaniya Iron ore mine with crusher ML No. 3/99, Area – 5.00, ha. Khasra no. – 1126, Capacity: - 11232 TPA at village – Karoti Dhaniya, Tehsil – Udaipurwati, District – Jhunjhunu, State - (Raj.). File no.- 15330 18. Ramasani Bajri mine, Area-0.9049hect,M.L No-613/10,Submission of 4 STP Project of Hectare- 0.8960, 0.8982,0.9018,0.9049 respectively, Reference no- 2019100002654, Village-Ramasani, Tehsil-Bilara, District-jodhpur,M.S. Larsen& Tourbo in reference of EC. Khasra no-613/11. File no.-15786 19. Bodamali Serpentine Applied M.L-No-3/2018, Area lease area-2.6966hect.(Froest- Nil, Pvt.Land-2.6966ha.) village-Badamali, Tehsil- Simalwara, District- Dungarpur, Rajasthan, File no.-15787 20. Ramasani Bajri mine, Area-0.8960hect,M.L No-613/10,Submission of 4 STP Project of Hectare- 0.8960, 0.8982,0.9018,0.9049 respectively, Reference no- 2019100002659, Village-Ramasani, Tehsil-Bilara, District-jodhpur,M.S. Larsen& Tourbo in reference of EC. File no.-15788 21. Ramasani Bajri mine, Area-0.9018hect,M.L No-613/10,Submission of 4 STP Project of Hectare- 0.8960, 0.8982,0.9018,0.9049 respectively, Reference no- 2019100002661, Village-Ramasani, Tehsil-Bilara, District-jodhpur,M.S. Larsen& Tourbo in reference of EC. File no.- 15789 22. Ramasani Bajri mine, Area-0.8982hect,M.L No-613/10,Submission of 4 STP Project of Hectare- 0.8960, 0.8982,0.9018,0.9049 respectively, Reference no- 2019100002657, Village-Ramasani, Tehsil-Bilara, District-jodhpur,M.S. Larsen& Tourbo in reference of EC. File no.-15790 23. Submission of application in Form –I for grant of Terms of Reference in respect of Ghodach Soapstone & Dolomite Mine (M.L. NO.-69/2010, area of 4.00 Ha.) of M/s Kasturi Mineral , situated near village Ghodach, Tehisl Nathdwarra & District - Rajsamand(Rajasthan). File no.-15791 24. Regarding grant of Environment Clearance for “Beede Ki Bhagal Marble Mining Project, (M.L. No. 80/2010)” Mining Lease Area: 1.00 Hectare located near village- Beede Ki Bhagal, Tehsil- Rajsamand (Raj.). Area-1.00 Hectare Khasara No.-Khasra No:476 (Proposal no-94076). File no.-15792 25. Regarding grant of environmental clearance For “Expansion of Nizarana Marbal Mining Project “having M.L. NO. 83/1998 having lease area 2.00 hectare location at village: Nizarana , Tehsil & District : Rajsamand(Rajasthan). File no.-8320 26. Regarding grant of environmental clearance of sakdara granite Mine (M.L. NO. 11/2013) Mining Lease Area: 3.00 Hect. Located near village- sakdara, Tehsil - Pali , State- Rajasthan. Area-3.00 Ha. Khasra No: 84/1.( Proposal no-19864) File no.- 780 27. Regarding grant of environmental clearance of sakdara granite Applied M.L Area (M.L. NO.08/2018) mining Lease Area: 1.9901 Hect. Location near village – Sakdara, Tehsil-pali , distt.-pali- state – rajasthan. Area-1.9901 Ha. (Proposal no- 19863) File no.-15793 28. EC for " Shree Vatika" proposed expansion Group Housing Project at village
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makarwali, Ajmer, Rajasthan with total plot Area: 10,000 Sq.m and Built up Area 23433.23 Sq.m (19,958 Sq.m - approvaed +3475 Sq.m proposed ). Earlier approved in CTE-Built up area : 19,958 Sq.m File no.-15511 29. EC for Proposed Group Housing Project catering to "Mahal Aangan" at village Ramchandrapura, Tehsil:- Sanganer, District - Jaipur, Rajasthan with Total Plot Area 9000.28 Sq.m and Gross Built up Area 34243.49Sq.m File no.-15514 30. EC for Dolomite Mining Progect, M.L.Area - 55.8064 ha. Production capcity from 0.156 Million TPA to 0.75 Million TPA, khasra no. - not given , near Village - Rayawala, Tehsil- Jamwa Ramgarh, district - Jaipur by M/s Andhi Marble Pvt. Ltd. File no.-15577 31. Environment Clearance for Ramapura Minerals Pvt. Ltd. From present lessee Geeta Devi Mittal for the Existing "Ramapura Silica Mine , (ML No. 04/1994), Area:- 18.12 ha, Production Capacity :- 60,000 TPA, Khasra No. Not Given, Add:- Village -Ramapura, Tehsil- Karauli, Distt. - Karauli, (Raj.) File no.-15545 32. EC for proposed " Pigments Plant ( Capacity - Total saleable Pigments - 7,200 Tons per Annum ) of Bhabani Pigments Pvt. Ltd. at Plot no. 7, Matsya Industrial Area , District - Alwar (Raj) for an area of 4.1309 Ha. File no.-15368 33. Masonary stone Mining of M/S Shri Samun Khan located at Tehsil-Nagar, District- Bharatpur,RajasthanM/S shri Samun Khan ,has submitted online proposal prescribing ToR in respect of above mentioned project. The online proposal No IA/RJ/MIN/31977/2015. (M.l.no-49/2001,Area-71.2391ha), Khasra No- Village- Nangal,Buarpur gadhi and Begpahari-204,611/624. File no.-15549 34. EC for E,pansion of Chandpura china Clay from 75,000 TPA to 1,50,180 TPA and Proposed Production of Soap Stone 70,040 TPA & silica Snd 2,01,060 TPA, Total Production Capacity 4,21,280 TPA ,M.L. No.15/97 (M.L.Area-32.37 ha.)located at village: Chandpura, Tehsil-Jahajpur, District-Bhilwara, Rajasthan, By m/s. Ojha & Company. (Praposal No-29715)). File no.-173 35. Environment Clearance of Residentail Project " Ashiana Daksh" at Village shri Kishanpura, Tehsil- Sanganer, District- jaipur , Rajasthan. File no.- 15554 36. EC for proposed Group Housing Project " Ashiana Amantran" at Village - keshopura, Tehsil- Sanganer, District- Jaipur Rajasthan total plot Area 33607.37 Sq.m and Built up area 101521.36 Sq.m. File no.-15538 37. Environmental Clearance for Proposed Affordable Housing Project " Archi Galaxy, at village Zinc Smelter Debari, tehsil Girwa, Udaipur, Rajasthan. File no.-15555 38. Tor for Environmental Clearance for Karcha Soap Stone Mining Project (4000TPA,) Area 83.973ha. M.L.no. 10/1990, khasra No. Not given near Village - Karch, Tehsil- kherwara, District - Udaipur, Rajasthan. File no.-15558 39. Environmental Clearance for our project “Sarah Bhiyani (M.L. No. 46/2009) Ball Clay Mining Project located at Village- Sarah Bhiyani, Tehsil- Kolyat, District- Bikaner, Raj. File no.-2720 40. Environmental Clearance for proposed expansion in Limestone production Capacity from 9.165 TPA to 0.5 Million TPA limestone and 0.84 million TPA OB and IB and 0.036 million TPA Top Soil along with proposed crusher of 400 TPH capacity in Sinla limestone mine (M.L.No-96/95, Ml area 100ha) near village –Sinla, Tehsil- Jaitaran, District-Pali (Rajasthan) By M/S-Ramgopal Cement company Private Limited. File no.-15586 41. Environmental Clearance for our Mining project "china Clay" Quartz, Feldspar and Silica sand stone Mine ( ML.NO. 1/96 )" ML.Area:- 20.0ha annual production -
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70,500 TPA Expanson capcity - 207430 TPA Near village - Nimli, Tehsil- Viratnagar, Distt- Jaipur , Rajasthan . Promoted by M/s Modi Levigated kaolin pvt. Ltd. File no.-15207
Agenda no. 1File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (1323)/ 2018-19
Project Name: - Application for grant of Environment Clearance in respect of Karoli Lime Stone Mines, over an area of 1.00 Ha. (M.L. No. 46/96) at near village Karoli, Tehsil Nathdwara, District Rajsamand (Rajasthan) in ‘B2’ category.
Proponent name: - M/s Usha Mines & Cement Pvt. Ltd. R.B.L. House Near R.K. Circle, Punjawati, Udaipur (Raj),[email protected]
Consultant Name- Apex Mintech Consultants, Add-3, Dhebar Colony, Near I.T.I. (S.B.B.J. Bank Street) Pratap Nagar, Udaipur (Raj),[email protected]
Brief details of the Project:- 1. The EC was granted by SEIAA, Rajasthan vide letter dated 23.11.2015, in pursuance of the decision taken by it in its 153rd meeting held on 29.10.2015. 2. The PP vide its letter dated 30.12.2018 has requested for change of name from Usha Mines and Cements Pvt Ltd. to Usha Microns Pvt. Ltd. 3. The file was forwarded to SEAC by SEIAA on 27.02.2019 for comments.
Observation of the committee-
The SEAC considered the matter related to the project and the application dated 30.12.2018, wherein the applicant has requested for change of name from Usha Mines and Cements Pvt. Ltd. to Usha Microns Pvt. Ltd. The EC was granted by SEIAA vide letter dated 23.11.2015, in pursuance of the decision taken by it in its 153rd meeting held on 29.10.2015. The SEAC has considered the issue as desired by SEIAA for comments of SEAC with respect to the application dated 30.12.2018, vide which the applicant has sought change of name of PP in the existing EC as above.
The SEAC considered the whole matter in the light of the provisions contained in para 11 of the EIA Notification read with the guidelines issued by the MoEF, from time to time, regarding change of name in EC. In the present case also as has been done in other cases, where the applicant seeks change of name in EC. The following information/documents are required for affecting change of name in the EC:
A) No Objection Certificate of previous lessee.
B) Undertaking from new Lessee.
C) Copy of valid mining Lease in the name of new lessee.
D) Copy of mining plan having validity in the name of new lessee.
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E) Past production details, as per the format specified by the MoEF & CC, since inception of mine duly authenticated by the Department of Mines , GOR as per Mining plan/Mining scheme and details of CTO/CTE, since inception of the mine as per annexure enclosed therewith with supporting documents.
F) Demand raised by the Department of Mines and Geology, GOR in pursuance to the Hon’ble Supreme Court Judgement dated 2.8.2017. G) Statement as to whether the present case is a case of violation in terms of the Judgement dated 2.8.2017 of the Hon’ble Supreme Court in the matter of Writ Petition (Civil) no. 114 / 2014, Common Cause V/s UOI and Ors. H) Under taking by way of affidavit as per compliance of OM dated 30.5.2018 of the MoEF.
I) Point wise compliance of EC issued by the MoEF & CC duly certified by MoEF/SEIAA/RSPCB.
J) District Survey Report.
Resolution: The SEAC considered the matter and resolved to inform to SEIAA as above.
Agenda no. 2.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15455)/ 2018-19
Project Name :- Environmental Clearance of Ball Clay, China Clay, Red & Yellow Ocher & Silica Sand Mine, M.L.No.14/08, production Capacity (99999.9 TPA (clay)),30,0000 TPA (silica sand), M.L.Area- 33.03 ha., khasra No. 154, 786, 789, 801, 802, 819, 1005/784, 796,155, 156, 783, 784, 800, 803, 818, 785, 790, 49, 50, 51, 52, 53, 54, 55, 157, 158, 255, 264, 265, 266, 267, Near Village – Mudh,Tehsil- Kolayat, District- Bikaner (Raj.)of Sh. Narendra Malik.
Proponent Name –Shri Narandra Malik ,Add- VPO- Diyatara, Tehsil- Kolayat, Dist-Bikaner , Email- [email protected]
Consultant name-: Overseas Min-Tech Consultants – 501, 5th Floor,Apex Tower, Tonk Road, jaipur-302015 Email- [email protected]
Information as per Form-1and other documents submitted by Project Proponent.
Brief details of the Project:- 1. The project was considered for presentation in 4.4th meeting of SEAC dated 28- 30.11.2018. 2. The ML no. of the project, in the documents submitted to SEAC and distributed to the members, in reference to the meeting notice is 14/08, whereas, the PP during the meeting stated that the ML no. is 10/98. Even the approved mining plan dated 22.12.2017 has ML no. 14/08. The committee resolved to ask the PP to clarify the difference in the ML nos. in the mining lease, approved mining plan and other documents submitted with the project vis-vis the mining lease no. mentioned in the presentation. The project would be considered for presentation after submission of the clarification.
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3. The consultant was warned for the casual approach in preparing the report. 4. The SEAC resolved to ask the PP to submit the above documents within 45 days’ time from the receipt of the letter. The PP and his Consultants were clearly informed to start compilation of this information without waiting for the query letter from the SEAC and to submit the reply only after getting the query letter. 5. Accordingly a query letter no. 8683 dated 18.02.19 was issued to the PP. 6. The PP has replied vide its letter dated 12.03.19.
Observation of the committee:
The SEAC considered the matter and perused the reply dated 12.03.2019 submitted by the PP, in response to query dated 18.02.2019 of the SEAC. The PP in its reply has submitted a corrigendum letter issued by the Mining Engineer, Bikaner. The corrigendum letter bears the date of 02.01.2018. Since the query letter was issued by the SEAC on 18.02.2019, it is not possible for the mining engineer to have issued this letter on 02.01.2018. The PP therefore needs to explain the anomaly in regard to the date of issue of corrigendum letter on 02.01.2018 and query letter dated 18.02.2019 of SEAC.
Resolution:
The SEAC resolved to ask the PP to clarify the anomaly and submit the authenticated copy of the corrigendum letter issued by the mining Engineer within a period of 45 days after the issue of the communication. The letter may be issued to the PP without waiting for the minutes of the meeting.
Agenda no. 3.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (51)/ 2018-19
Project Name: - Environmental Clearance Ushan Soap Stone Mining Project M.L.No.57/1978,5/2000 (R) ML Area 23.525 ha, production capacity- 47142 (3322UG+43821Open cast) TPA near Village: Ushan, Tehsil – Nathdwara, District- Rajasmand (Rajasthan) Sh. Rajendra Prasad Gupta
Proponent Name - Shri Rajendra Prasad Gupta, R/o- Sh. 425, Hiran Magri Sector no.11 udaipur (Raj.) [email protected]
Consultant name -: Overseas Min-Tech Consultants – 501, 5th Floor,Apex Tower, Tonk Road, jaipur-302015 Email- [email protected]
Brief details of the Project:- 1. The project was considered for presentation in 4.4th meeting of SEAC held on 28- 30.11.2018.The PP has not submitted the District Survey Report, Form no.2. He has also not submitted point wise reply of meeting notice along with revised plantation plan. The SEAC resolved to ask the PP to submit the above documents within 45 days’ time from the receipt of the letter. The PP and his Consultants were clearly informed to start compilation of this information without waiting for the query letter
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from the SEAC and to submit the reply only after getting the query letter. A copy of the reply along with a copy of this query letter be also E- mailed to all the members of SEAC too along with enclosures, if any, by the PP. 2. Accordingly a query letter no. 8732 dated 18.02.19 was issued to the PP. 3. The pp has replied vide its letter dated 12.03.19.
Observation of the committee-
The PP in pursuance to the query made by SEAC has submitted his reply dated nil. The PP in his reply has submitted form 2, compliance of meeting notice and revised plantation program and the district survey report. The SEAC considered the above documents and information submitted by the PP. The SEAC observed that the District survey report was not final and authenticated as contemplated under Appendix- X of the EIA notification. The PP is required to submit final and authenticated copy of the district survey report. The SEAC further considered the project in the light of the orders dated 13.09.2018 and 11.12.2018 of the Hon’ble NGT in the matter of OA No. 520/2016, Vikrant Tongad Vs Union of India and Ors. and other similar matters. In these matters the NGT has held that the projects having lease area from 5 to 25 hectares falling under B2 category are required to have EIA, EMP studies and therefore, Public consultation.
Resolution:
The SEAC, therefore, in view of the above resolved to ask the PP to submit final and authenticated copy of the District Survey Report of Rajsamand and apply for TOR to conduct EIA and EMP, as per the observation dated 13.09.2018 and 11.12.2018 of the Hon’ble NGT. The SEAC further resolved that a letter may be given to the PP in this regard without waiting for issue of the minutes.
Agenda no. 4.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15208)/ 2018-19
Project Name: - Application for terms of reference for proposed Indawar china clay Mine, M.L. No. - 6/2013 khasra No. - 81,84, 88, 4984/ 82,4985/ 83,5362/ 82,5363/ 83,85, 4982/ 81,4983/ 83, 4986/ 84, 82, 83, 89, 90, 91, 92, 93, 94, 95, 96, 5364/ 88,5365/ 84,97 situated near village indawar, Tehsil- Merta city , Distt- Nagaur (Raj) over an area of 4.0946 ha.
Proponent Name: - Ajay kumar Choudharty, Add: - R/o hadi Khurd, Tehsil- Peeplu Distt- Tonk (Raj). E-mail:- [email protected] Consultant Name: - Overseas Min-Tech consultant, Add: - 501, 5th Floor, Apex Tower, Tonk Road, Jaipur, E-mail:- [email protected], website: - www.overseasmintech.com Brief details of the Project:- 1. ToR was issued by SEAC vide its letter dated 17.3.2017 as per 151st meeting of SEAC 2. The PP has submitted the final EIA report on 14.11.2018. 3. The project was considered for presentation in 4.4th meeting of SEAC dated 28- 30.11.2018.
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4. Keeping in view the presentation made by the PP and its Consultants and discussion held during the meeting, the SEAC resolved to seek following information from the PP giving 45 days of time for submission from the date of issue of query letter: a) The Affidavits are not notarised. b) Peacock conservation plan not submitted as per ToR condition no. 11. c) Proposal for plantation in 33% area for three years not submitted. d) The PP and the consultant informed that the Public Hearing (PH) was carried out at Merta Teh. / Subdivision office which is at a distance of about 23 Kms from the mine site.The PH should be carried out at the close proximity of the site. e) LOI was issued vide letter no. 2779 dated 16.5.2013 for an area 4.0580 ha. The Consultant has submitted an LOI letter no. 2172 dated 6.5.2014 of a different PP M/s Vinayak Mines and Minerals, Indawar for mining area 4.5804 hact. f) Sh. Arun Yadav, CEO, Environment Co-ordinator of M/s Overseas Minetech stated that the validity of the LOI has expired. g) Form – no. 2 not submitted. h) DSR not available. i) Point wise reply of meeting notice not submitted. j) The consultant was warned by the SEAC for casual approach in preparing the report. 5. Accordingly a query letter no. 8679 dated 18.02.19 was issued to the PP. 6. The pp has replied vide its letter dated 12.03.19.
Observation of the committee:
In pursuance to the query made by SEAC, vide letter dated 18.02.19, the PP has submitted his reply dated nil. The SEAC in its query letter has asked the PP to submit notarized affidavit. The PP instead of submitting notarized affidavit has again submitted an affidavit which is not notarized. The PP is required to submit notarized affidavit. Besides, the District Survey Report is not final and authenticated as contemplated under Appendix X of the EIA notification. Para 35 (6) (a) of form 2 says “not applicable” against the question as to whether it proposes to install crusher within the mining lease area whereas para 22 of the compliance report of the meeting notice says that crusher/ mineral grinding is proposed along with mining. In case the PP intends to have mineral grinding unit in the mining lease area he should get it incorporated in the application for EC. The PP in para 6 of the above reply says that it is an existing mining unit whereas in para 3(e) of form 2 the PP says that it is a new mine. The PP at para 35(4) (b) says that the mining plan was approved on 25.10.2013. The mining plan being valid only for five years and has since expired on 24.10.2018, the PP is required to submit the new mining plan incorporating in it stone crusher in case the PP intends to install the stone crusher in the lease area. The peacock conservation plan submitted by PP is for Rupees 0.50 lakh only as one time expenditure which seems to be a meager amount to achieve the goal. Therefore, the SEAC is of
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the view that it should be increased to atleast rupees 1.00 lakh as one time expenditure and there after a provision for rupees 0.10. lakh as recurring expenditure every year for maintenance of water hole and regular supply of water during pinch period. The SEAC has observed that there are material contradictions and needs to be clarified by the PP.
Resolution:
The SEAC resolved to ask the PP to furnish clarification/details in regard to above within 45 days of the receipt of the communication.
Agenda No. 05 to 13 & 18 to 27 Processing cases of EC applications of mines of 0-5 ha. area mentioned at serial no 5 to 13 & 18 to 27 (total 19) of the meeting notice of this meeting, in the light of the NGT Order dated 13.9.2018 and 11.12.2018 in the matter of OA No. 186/2016- Satyandra Pandey V/s MoEF & CC and ors. and OA No. 520/2016, Vikrant Tongad V/s UoI and others
Observation of the committee-
The SEAC considered the above cases in its meeting.The SEAC had also considered similar 117cases in its 4.7th meeting held on 28-31 January 2019 , vide additional agenda item no 71.01 and 48 cases in its 4.8th meeting held on 25-26 Feburary 2019 vide agenda item no 24.07,where the observation of committee were as follows:-
The Hon’ble NGT (PB), New Delhi, vide orders dated 13.09.2018 and 11.12.2018, in OA No. 186/2016-Satyandra Pandey V/s MoEF & CC and ors. and OA No. 520/2016, Vikrant Tongad V/s UoI and others has, inter-alia, directed as follows: -
(1) Providing for EIA, EMP and therefore, Public Consultation for all areas from 5 to 25 ha falling under category B-2 at par with Category B-1 by SEAC/SEIAA as well as for cluster situation wherever it is not provided. (2) Form 1-M be made more comprehensive for areas of 0-5 ha. by dispensing with the requirement for Public Consultation to be evaluated by SEAC for recommendation of grant of EC by SEIAA instead of DEAC/DEIAA. (3) If a cluster or an individual lease size exceed 5 ha. the EIA / EMP be made applicable in the process of grant of prior environmental Clearance. (4) EIA and/ or EMP be prepared for the entire cluster in terms of recommendation 6, 7, 8 thereof. (5) Revise the procedure to also incorporate procedure with respect to annual rate of replenishment and time frame for replenishment after mining closure in an area. (6) The MoEF & CC to prepare for calculation of the cost of restitution of damage caused to mined-out areas along with the Net Present Value of capital Ecological Services forgone because of illegal or unscientific mining. In pursuance of the above directions of the Hon’ble NGT (PB), the Ministry of Environment, Forest and Climate Change (MoEF & CC), Govt. of India vide Office Memorandum F. No. L- 11011/175/2018-IA-II (M) dated 12.12.2018, has directed to make compliance of the above directions of the Hon’ble NGT. The Hon’ble NGT, has suspended the Notification dated
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 11
15.1.2016 of the MoEF& CC which provides for creation of DEIAA in the States and appraisal of projects of minor minerals as B-2 category projects, mentioned in Appendix XI to the EIA Notification dated 14.09.2006.
In compliance of the MoEF & CC, GoI, OM dated 12.12.2018, the SEAC decided that all mining cases of minor minerals having 0 to 5 hact. lease area will be appraised by SEAC/SEIAA, Raj. for Environmental Clearance. Hence all concerned Project Proponent will apply in SEIAA, Raj. in Form-1 with other required supporting documents online at the MoEF & CC website www.environmentclearance.nic.in for processing of application for grant of prior environmental clearance with immediate effect till further order.
The SEAC, in the above cases had resolved that upon receiving such applications, the SEAC shall appraise the mining projects having lease area for 0-5 ha. as B-1 category projects till Form 1-M is made more comprehensive by the MoEF & CC, in pursuance of the directions dated 13.09.2018 and 11.12.2018, of the Hon’ble NGT in the above cited matters.
Resolution:-
The SEAC considered the cases mentioned at Agenda no 5 including item no 5 – 13 and 18-27 of the meeting notice. All these cases relate to cases of minor minerals having lease area from 0 to 5 hectare and being so these cases are also governed by the directions dated 13.09.2018 and 11.12.2018, passed by the Hon’ble NGT in the matter mentioned above. All these cases are, therefore, to be dealt with as per decision to be taken by SEIAA.
Agenda no.14.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project /Cat. 1(a)B1 (317)/ 2018-19
Project Name: - EC for proposed Bambora Redochre Mine (M.L.no.-03/85, Renewal-08/05; area 47.425 ha) near village-Bambora, Tehsil-Chhoti Sadri, District-Pratapgarh.
Proponent Name: - Sh. Suresh Prakash Sharda, C/o Sharda Petrol Pump, R/o Nimbaheda, District-Chittorgarh, E-mail:- [email protected]
Consultant Name: - Team Institute of Science & Technology Pvt. Ltd. E-65, Chitranjan Marg, C-Scheme, Jaipur.
Brief details of the Project:-
1. ToRs were issued to the project by MoEF vide letter dated 4th April 2008 for 90 hact. mining area & 99,000 – 1,39,613 TPA production. 2. The PP vide its letter dated 21.11.2010 has informed MoEF that he has surrendered 43.45 ha of lease area & the mining lease with them is 47.424 ha and due to the Madhya Pradesh state boundary general condition is applied and project comes in A cat . 3. As per the 11th EAC min25/77/9/13 it is a violation case as product an has increase after 1994 out prior EC and same was communicated to the PP vide letter dated 22.01.2014.
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 12
4. Directions under section 5 of EP act were issued to the PP due to violation by MoEF vide letter dated 22.01.14. 5. The PP vide its letter dated 05.12.2014 has requested to MoEF “that since their project is at 6 Km to the Madhya Pradesh boundary state boundary and as per the Gazette Not. Dated 25.06.14 GC was applicable at 5 KM instead of 10 Kms, their proposal may be transferred at state level.” 6. File was transferred form MoEF to SEIAA, Rajasthan on 23.01.2015. 7. The project was considered in 160th meeting of SEAC dated 10.05.17 and observation of the committee were as follows— “As per the MoEF & CC letter dated 22.01.2014 regarding violation to the PP-the case is a case of violation the committee considered the case in the light of MoEF Notification dated 14.03.2017 and resolved to recommend to SEIAA to refer the case to MoEF & CC while informing the same to the PP.” 8. Accordingly file was sent to MoEF. 9. File was again received by the SEIAA from the MoEF & CC vide letter dated 22.08.16 being a case of B category. 10. Meanwhile a request letter dated 22.2.2019 has been received from Mr.Vipul Sharda that due to the death of the mine owner lease has been transferred in favour to him so EC may be issued in his name.
Observation of the committee-
The SEAC considered the matter in the meeting, perused the complete record and resolved to call the PP for presentation in the light of notification dated 14.03.2017 & 08.03.2018 relating to violation of the EIA Notification.
Agenda no.15.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (835)/ 2018-19
Project Name :- E.C. Proposed expansion project “Masnory Stone Mine” Area 1.0 ha.m M.L. No. 50/06 from 250 TPD to 745 TPD Production capacity :- 2,23,000 TPA of ROM, of lessee Sh. Sunil Kumar Tank Situated near Village- Ugariyawas (Bandhe ke Balaji) Tehsil- Mozamabad (Dudu) Distt- Jaipur Raj.
Proponent Name :- Shri Sunil Kumar Tank, Add.-#59, Kailashpuri, Near Sanghi Farm, Tonk Road, Jaipur, 302018,L-G-6, Lower ground Floor, Corporate Park, Gopal Bari, Ajmer Road, Jaipur- 302001, E-mail: [email protected]
Consultant Name: - Enkay Enviro Servces Pvt. Ltd.E-mail – [email protected]
Brief details of the Project:- 1. EC to the project was issued to Shri Sunil Kumar Tak by SEIAA, Raj. Vide letter dated 20.02.2015. The EC was for masonry stone mine having lease area of one hactere at M Lno. 50/06 for production capacity of 2, 23,000TPA ROM. The Khasra no of the lease was 139(old) 142 new near village Ugaryawas (Bhande ke Balaji) Tehsil Mozmabad (Dudu) Dist. Jaipur
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 13
2. Now the PP vide its letter dated 14.02.2019 has requested for the following amendments in EC issued vide letter dated 20.2.2015 – a) For incorporation of 2000TPD stone crusher in the name of M/s Adapat Infra Pvt. Ltd. b) For change in lease area from 1.00 ha. to 1.3551 ha.
Observation of the committee-
The SEAC considered the application and decided to call the PP in the forthcoming meeting.
Resolution:
The SEAC resolved to call the PP in next meeting along with complete details. A letter to this effect be given to the PP.
Agenda no.16.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (1143)/ 2018-19
Project Name: - EC for Tannery (Wet Blue skin to finish leather) at A-2, RIICO Industrial Area, Manpura Macheri, Jaipur (Rajsthan).
Proponent Name: - P.P. M/s Indagro Foods LTD. Mr. Jayprakash Atal, Allana House, Allana Road, Colaba, Mumbai 400001 E.Mail:- [email protected] (webste: www.allana.com) 022- 22811000, 022-22047002
Consultant Name:- M/s Perfact Enviro Solutions Pvt. Ltd. 5th Floor, NN Mall, Mangalam Palace, Sector 3, Rohini, New Delhi Phone No: 011-47528467, Fax: 011-47528434 Brief details of the Project:- 1. The matter of grant of EC as recommended by the SEAC in its 4.3rd meeting held on 26.11.2018 was considered by the SEIAA. The SEIAA has returned the file with the following noting:
“Matter discussed by the Authority in 4.3rd meeting held on 26.11.2018 at agenda no. 6. The Authority decided that PP may be requested to submit a KML file of the site and also information sought by the SEAC from the Forest Officials regarding distance of site from boundary of Nahargarh Wild Life Sanctuary. A team of experts of SEAC to visit the site.”
2. Recommendations of SEIAA were considered in 4.4th meeting of SEAC held on 28- 30.11.2018. 3. The committee considered the note of SEIAA and resolved to write to the PP to submit the KML file of the site and also the distance of the site from the boundary of the Nahargarh Wild Life Sanctuary duly authenticated by the concerning forest officer. Thereafter if need be, the SEAC may visit the site to confirm the distance of the site from the Nahargarh Wild Life Sanctuary in case of any doubt. The committee resolved that the letter to this effect may be issued without waiting for the minutes.
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 14
4. Accordingly a query letter no. 8513 dated 06.12.18 was issued to the PP. 5. The PP vide its letter dated 06.03.19 received on 18.03.2018 has stated, in reply to query made by SEAC vide letter dated 06.12.2018 that Nahargarh Wild life sanctuary located at distance of 15.4 K km south from the project site and eco-sensitive zone boundary is 6.7 km south east from the project site .
Observation of the committee-
The SEAC considered the matter and perused the reply dated 18.03.2019 submitted by the PP. The SEAC was of the view that the PP should furnish the information regarding distance of the project from the Nahargarh Wildlife Sanctuary as authenticated by DCF Wildlife, Jaipur.
Resolution:
The SEAC resolved to ask the PP to furnish the information regarding distance of the project from the Nahargarh Wildlife Sanctuary duly authenticated by DCF Wildlife, Jaipur and / or DCF, Jaipur (North), Coal Depot, Panipech , Jaipur within 45 days after receipt of communication.
Agenda no.17.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15330)/ 2018-19
Project Name:- E.C. for Karoti Dhaniya Iron ore mine with crusher ML No. 3/99, Area – 5.00, ha. Khasra no. – 1126, Capacity: - 11232 TPA at village – Karoti Dhaniya, Tehsil – Udaipurwati, District – Jhunjhunu, State - (Raj.)
Proponent Name – Smt. Shikha Modi Project In Charge – Smt. Shikha Modi W/O Shri chhagan Modi, Add.- R/O. Village :- Chhawani, Tehsil – Neem ka Thana , Distt. Sikar (Raj.) E- mail:- [email protected]
Consultant Name-: Envirta Sustainable solution India Pvt. Ltd. As per QCI NABET ‘List of Accredited Consultant Organization/ Rev. 43/July 11, 2016, listed in as accredited consultant, Category ‘A’ SI. No. 15
Information as per Form-1and other documents submitted by Project Proponent.
1 Category / Item no.(in Schedule): 1(a)B-1 Khasra No. 1126,Village –Kharoti Dhaniya, Tehsil: Udaipurwati, Distt.: 2 Location of Project Jhunjhunun(Rajasthan) falls within the Survey of India Toposheet No. 45 M/13 & 54A/1 M.L. No- 03/99 Area- 5.0 Ha. Project Details Iron Ore 11232 TPA (ROM 12480 TPA) & Stone 3 M.L. No. /Production capacity Crusher Plant Capacity 1500TPD (Ref.EIA/EMP Report, Chapter 1, Page No. 2 & 3) 80 Lac 4 Project Cost:
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 15
Normal Demand - 5 KLD & Peak Demand - 8.0 Water Requirement 5 KLD from nearby village through tankers. & Source (Ref.EIA/EMP Report, Chapter 2, Page No. 11) Normal Demand - 300 LPD & Peak Demand - 6 Fuel & Energy:- 500 LPD. Application No. & Date & SIA/RJ/MIN/27667/2017 7 documents submitted :- 04/06/2018 Dispatch No. ME/Jhunjhunu/RE/PRA/M.L.- Information about Aravalli 8 3/99/1402 Dated 13/06/2017 Certificate. (As a annexure No. 12) Date of Air/Water/Noise 9 01/10/2017 To 31/12/2017 Monitoring Information about 500 mts. DRG No. ME/JJN/06/-2017 13/06/2017 10 composite map (As a annexure No.13) Rs. 13 lacs on peacock conservation, Rs. 5.65 lacs 11 Environment Management Plan for EMP as proposed by the PP in his letter dated 15.03.2019.
The PP shall spend Rs. 4.80 lacs on CER 12 CSR /ESR Activates activities as proposed by the PP in his letter dated 15.03.2019. Annual expenditure 1.00 Lac per year 13 Green Belt/ Plantation (Ref. EIA/EMP Report, Chapter 6, Page No. 90) 14 Budgetary Breakup for Labour Annual expenditure of in 0.50 Lac per year 15 Present Status :- This is an Existing lease for Iron Ore Mineral.
Brief details of the Project:- 1. The project was considered for presentation in 4.4th meeting of SEAC dated 28- 30.11.2018. 2. Keeping in view the presentation made by the PP and its Consultants and discussion held during the meeting, the SEAC resolved to seek following information from the PP giving 45 days’ time for submission from the date of issue of query letter: a) The PP should submit the Conservation plan for Peacock. b) Revised EMP to be submitted. c) Revised CER to be submitted. d) Capacity of crusher not submitted. e) Reply to point no. 18 of meeting notice dated 2.11.2018 has not been submitted. f) Form no. 2 not submitted. g) Affidavit regarding violation not submitted h) Point wise compliance of the meeting notice to be submitted. 3. Accordingly a query letter no. 8680 dated 18.02.19 was issued to the PP. 4. The pp has replied vide its letter dated 15.03.19. The PP has informed that his project falls in khasra no. 1126.
Observation of the committee-
The SEAC considered the project in the meeting. Keeping in view the information contained in the documents submitted, the presentation made by the P.P. before the SEAC, Rajasthan in its Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 16
4.4th meeting held on 28-30th Nov.2018, after detailed deliberations and clarifications, the members were satisfied with the proposals, documents and reply of the queries and resolved to recommend to SEIAA for the grant of E.C. in its 4.9th meeting dated 09.04.19 for Karoti Dhaniya iron ore mine with crusher, ML No. 3/99, Area – 5.00 hect., Khasra no. – 1126, Capacity:- 11232 TPA and crusher having Capacity:- 1500 TPD in the mine lease area at village – Karoti Dhaniya, Tehsil – Udaipurwati, District– Jhunjhunu, State - (Raj.) Name of proponent – Smt. Shikha Modi, Project In Charge – Smt. Shikha Modi W/O Shri chhagan Modi, Add.- R/O. Village :- Chhawani, Tehsil – Neem ka Thana , Distt. Sikar (Raj.) E-mail:- [email protected]. Name of consultant-: ENVIRTA Sustainable solution India Pvt. Ltd. , subject to the following standard conditions and environmental safeguards as finalized by the Committee during the meeting-
SPECIFIC CONDITIONS
1. This Environment Clearance (EC) is granted to Smt. Shikha Modi Karoti Dhaniya iron ore mine with crusher ML No. 3/99, Area – 5.00 hect. Khasra no. – 1126, Capacity:- 11232 TPA and crusher having Capacity:- 1500 TPD in the mine lease area at village – Karoti Dhaniya, Tehsil – Udaipurwati, District– Jhunjhunu, State - (Raj.) 2. The PP shall obtain Consent to Establish and Operate from the Rajasthan State Pollution Control Board under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, before carrying out mining activity. 3. The PP shall comply with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made thereunder. 4. The PP shall make compliance of the provisions of the Environment (Protection) Act, 1986 and the rules and notifications issued thereunder. 5. The PP shall comply with all the statutory requirements and judgement of the Hon’ble Supreme Court dated 02.08.2017 in the matter of Writ Petition (Civil) No. 114 of 2014, Common Cause V/s Union of India & others. 6. In case of violation of the undertaking/ affidavit given by the PP regarding compliance of the judgement dated 02.08.2017 of the Hon’ble Supreme Court dated 02.08.2017 in the matter of Writ Petition (Civil) No. 114 of 2014, Common Cause V/s Union of India & others, the environmental clearance shall be liable to be terminated forthwith. 7. The environmental clearance will not be operational, till such time the project proponent complies with all the statutory requirements and judgement of the Hon’ble Supreme Court dated 02.08.2017 in the matter of Writ Petition (Civil) No. 114 of 2014, Common Cause V/s Union of India & others. 8. The State Government shall ensure that the mining operations shall not commence till the entire compensation levied, if any, for illegal mining, is paid, by the project proponent through the Department of Mines and Geology, in strict compliance of the judgement of the Hon’ble Supreme Court dated 02.08.2017 in the matter of Writ Petition (Civil) No. 114 of 2014, Common Cause V/s Union of India & others. 9. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 17
the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 10. The total water requirement for the project shall not exceed to 8 KLD (Peak Demand). Necessary permission shall be taken from CGWA for withdrawal of ground water. 11. The PP shall spend Rs.5.65 Lacs on EMP, as proposed by the PP in his letter dated 15.03.2019. 12. For ESR/C.S.R. an amount of Rs 4.80 Lacs /Year shall be kept earmarked for socio economic up-liftment activities of the area particularly in the field of education, health, sanitation, other social work (need based) such as drinking water supply, assistance in farming, providing Toilets in Schools, etc. This amount shall be earmarked, effectively utilized and reflected in the books of accounts. Relevant report of the same to be made a part of social monitoring and six monthly compliance reports should be submitted to RPCB and MoEF, Regional Office, Lucknow. 13. The PP shall spend Rs. 13 lacs on peacock conservation activities as proposed by the PP in his letter dated 15.03.2019. 14. The mining operations shall not intersect groundwater table. In case of working below ground water table, prior approval of the Central Ground Water Authority shall be obtained. 15. The PP shall construct Rain Water Harvesting Structure and Artificial Recharge Structure in the lease area as also implement other/suitable conservation measures to augment ground water resources in the area in consultation with the Regional Director, CGWB. 16. Occupational health and safety of mine labour shall be given the highest priority. The PP should spent rupees 0.50 lacs/ year for the labours working in the Mine for all necessary infrastructure facilities such as health facility, sanitation facility, fuel for cooking, along with safe drinking water, medical camps, and toilets for women, crèche for infants should be made and submitted to RPCB, Jaipur at the time of CTE/CTO. The housing facilities and Group Insurance should be provided for mining labours. 17. Topsoil shall be stacked temporarily at earmarked sites only and it should not be kept unutilized for a period more than three years; it should be used for land reclamation and plantation in mined out areas. 18. The project proponent shall ensure that no natural water course / water body shall be obstructed due to any mining operations. 19. The waste should be dumped at designated site as per approved Mining Plan on non- mineralized land within lease area or outside lease area at land provided by district authority or occupied by the lessee, STP/Quarry License holder. The height of the dump shall be as per the approved mining plan and toe of the dump should have retaining wall. 20. The benches height, width and slope shall be maintained as per the MMR 1961 or the DGMS approval. 21. Garland drains; settling tanks and check dams of appropriate size, gradient and length shall be constructed both around the mine pit and over burden dumps and sump capacity should be designed keeping 50 % safety margin over and above peak sudden rainfall (based on 50 years data) and maximum discharge in the area adjoining the mine site. Sump capacity should also provide adequate pits, which should be constructed at the corners of the garland drains and de-silted.
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 18
22. No Drills shall either be operated with dust extractors or equipped with water injections system. 23. As envisaged, plantation shall be raised in an area of 33% of total area including green belt in the safety zone around the mining lease by planting the native species around ML area, OB dumps, backfilled and reclaimed around water body, roads etc. or outside lease area in consultation with the Gram Panchayat or Forest Department in the coming rainy season. 24. The PP shall provide adequate air pollution control system, as prescribed under Environment protection Rules, 1986 at the Crusher to achieve the prescribed fugitive emission standards. 25. Regular water sprinkling should be carried out in critical areas prone to air pollution and having high levels of SPM and RSPM such as haul roads, loading and unloading points and transfer points. It should be ensured that the Ambient Air Quality parameters conform to the norms prescribed by the CPCB. 26. Data on ambient air quality and stack emissions should be submitted to Rajasthan State Pollution Control Board once in six months, carried out by MOEF/NABL/CPCB/RPCB/Government approved lab. 27. The project proponent shall all take due care to protect the existing Flora and Fauna. Utmost precaution shall be taken to conserve wildlife. 28. No further expansion or modification in the plant shall be carried out without the approval of the SEIAA, Rajasthan. In case of deviation or alterations in the project proposal from those submitted to this authority for clearance, a fresh reference shall be made to the authority to assess the adequacy of the conditions imposed and to add additional environmental protection measures required, if any. 29. In pursuance to the directions dated 3.10.2017 of the Hon’ble NGT (Central Zonal Bench, Bhopal) in the matter of OA Number 45/2017 Nityendra Manav Vs State of Rajasthan and Others following conditions are required to be complied strictly:
a) The PP shall make the road pakka i.e. metalled road/ CC road starting from the mine/stone crusher to the road head to contain air pollution. Such roads shall not include roads made under the Pradhan Mantri / Chief Minister gram sadak Yojana as same are not meant for heavy vehicles specially trucks carrying mineral more than 15 to 20 tons at a time. b) The PP shall create one third of the total mine lease area as green belt within the mining lease area and in case it is not possible then the PP shall carry out plantation in three rows on either side of the roads so as to contain dust and noise pollution in co ordination with district collector and the officials of the Forest department. The areas where the plantation is to be made must be in close proximity with the lease area so that the same could act as a buffer /wind breaker between the lease area and the inhabited portions of the villages
General Conditions 1. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 19
Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 2. No further expansion or modifications in the project shall be carried out without prior approval of the SEIAA/Ministry of Environment and Forests as the case may be. In case of deviations or alterations in the project proposal from those submitted to this Authority for clearance, a fresh reference shall be made to the Authority to assess the adequacy of conditions imposed and to add additional environmental protection measures required, if any. 3. The implementation of the project vis-à-vis environmental action plans shall be monitored by MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and this office. A six monthly compliance status report shall be submitted to monitoring agencies. 4. The EC is liable to be rejected, in case it is found that the PP has deliberately concealed and furnished false and misleading information or data which is material to screening or scoping or appraisal or decision on the application for EC. ` 5. The project authorities shall inform the MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and the date of financial closure and final approval of the project by the concerned authorities and the date of start of the project. 6. Officials from the Department of Environment, Government of Rajasthan, Jaipur/ Regional Office of MoEF, Lucknow, RSPCB who would be monitoring the implementation of Environmental safeguards should be given full cooperation, facilities and documents/data by the project proponents during their inspection. A complete set of all the documents submitted to SEIAA should be forwarded to the CCF, Regional Office of MoEF, Lucknow / SEIAA, Department of Environment, Government of Rajasthan, Jaipur / RSPCB. 7. The Authority reserves the right to add additional safeguard measures subsequently, if found necessary, and to take action including revoking of the environment clearance under the provision of the Environment (Protection) Act, 1986, to ensure effective implementation of the suggested safeguard measures in a time bound and satisfactory manner. 8. The project proponent should advertise in at least two local Newspapers widely circulated in the region, one of which shall be in the vernacular language informing that the project has been accorded environmental Clearance and copies of clearance letters are available with the Rajasthan State Pollution Control Board and may also be seen on the website of the RSPCB. The advertisement should be made within 7 days from the day of issue of the clearance letter and a copy of the same should be forwarded to the Regional Office of MoEF at Lucknow/Department of Ecology and Environment, Government of Rajasthan, Jaipur. 9. These stipulations would be enforced among others under the provisions of water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991 and EIA Notification, 2006, along with their amendments and rules. 10. The PP shall obtain prior clearance from forestry and wild Life angle including clearance from standing committee of National Board of Wild Life (as applicable). It is further categorically stated that grant of EC does not necessary implies that Forestry and Wild Life clearance shall be granted to the project and that proposals for forestry and wild Life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any based on EC so granted, in anticipation of clearance form Forestry and Wild Life angle shall be entirely at the cost risk of the PP and MOEF/SEIAA shall not be responsible in this regard in any manner. 11. The SEIAA, Rajasthan may revoke or suspend the clearance, if implementation of any of the above conditions is not satisfactory.
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 20
12. Periodic monitoring of ambient air quality shall be carried out for PM10, PM2.5, SPM, SO2 and NOx monitoring. Location of the stations (minimum 6) shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring shall be decided in consultation with the Rajasthan State pollution Control Board (RPCB). Six monthly reports of the data so collected shall be regularly submitted to the RPCB/CPCB including the MoEF, Regional office, Lucknow. 13. Personnel working in dusty areas shall wear protective respiratory devices they shall also be provided with adequate training and information on safety and health aspects. 14. The ambient noise level should confirm to the standards prescribed under E (P) A Rules, 1986 viz 75 dB (A) during day time and 70 dB (A) during night time. 15. The environmental statement for each financial year ending 31st March in Form-V shall be submitted to the Rajasthan State Pollution Control Board/SEIAA as prescribed under the environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Lucknow Regional offices of MoEF/SEIAA by e-mail as well as hard copy dually signed by competent person of company.
Agenda no.28.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15511)/ 2018-19
Project Name: - EC for "Shree Vatika" proposed expansion Group Housing Project at village makarwali, Ajmer, Rajasthan with total plot Area: 10,000 Sq.m and Built up Area 23433.23 Sq.m (19,958 Sq.m - approved +3475 Sq.m proposed). Earlier approved in CTE-Built up area: 19,958 Sq.m
Proponent Name - Ajmer Aashiyana Pvt. Ltd. Rajeev Maloo (Director) Add: - Office no. 2, 4th Floor , Shrinath Mall, Kishanaganj Road, Ajmer, E-Mail:- [email protected] ; [email protected]
Consultant Name: - Enkay Enviro Services Pvt. Ltd. Add: - 92, Heeranagar A, Near Shalimar Bagh, Ajmer Road jaipur E-mail:- [email protected],
Brief details of the Project:- 1. The project was considered for presentation in 4.3rd meeting of SEAC dated 29-30.10.18. 2. The committee observed that the built up area of existing project is almost 19,958 sq. mts. which is very near to the threshold limit of 20,000 sq. mts. Under such circumstances, the chances of violation of the EIA Notification cannot be ruled out. So, it is necessary to ensure whether there has been any violation of the EIA Notification or not. The committee resolved to seek following information from the PP: a) The PP should explain as to how it is an expansion project and not a case of violation as per EIA Notification dated 14.9.2006 and amendment dated 14.3.2017 and 8.3.2018 ? The PP and the consultant should submit an affidavit on Rs. 100 stamp paper to the effect that the project is not a case of violation in terms of EIA Notification dated 14.9.2006, 14.3.2017 and 8.3.2018. b) It was stated that the initial project was for the built up area 19,958 Sq Mts only of which built-up area of 16,423.80 Sq. mts.has already been constructed. The PP has applied for EC for additional 3,475 Sq. mts . Break up of 19958 sq mts., break up of
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16423.80 Sq. Mts and that of remaining area (19,958-16423.80 Sq mts), break up of 3,475 sq. mts. and its purpose for which the built up area would be utilised has not been submitted.This should be submitted. Status of construction of 15 existing shops and location and status of proposed 7 shops should be submitted. Any change in the initial plan due to proposed expansion should be submitted? Details of demolition, if any, due to change in the initial plan should also be submitted. c) Details of the initial project which was submitted to the Ajmer Developmental Authority(UIT) and also the details of the project so approved by the Ajmer Development Authority.(UIT) d) Details of Construction activity if any carried out related to proposed additional built up area of 3,475 sq. mts. should be submitted. e) Is construction activity still going on at the site? If it has been stopped then inform the date on which stopped? 3. The committee further resolved that the SEAC will appraise the project after receiving the above information /affidavit from the PP as well as the consultant. 4. Accordingly a query letter no. 8667 dated 04.02.19 was issued to the PP. 5. The pp has replied vide its letter dated 22.03.19.
Observation of the committee-
1) The PP, in reply to query letter dated 04.02.2019 of SEAC, has vide letter dated 22.03.2019, admitted that their activity of undertaking construction at the project site comes under violation of the EIA notification dated 14.03.2017 and 08.03.2018, of the MoEF and CC. The PP has requested to issue ToR as a case of violation. The PP has not indicated in his letter the particulars of the construction made in violation of the said EIA notifications. The PP is required to give details of such violations through affidavit in the prescribed format. The SEAC after perusal of record and deliberations, in the light of notifications dated 14.3.2017 and 8.3.2018, concluded that it is a case of violation of the EIA Notification 2006. 2) The SEAC, however, observed that the PP of the project has made violation of the EIA Notification by way of excavation of soil/ making construction /doing expansion at a site, which under the prevailing laws is permissible, and such violation / construction / expansion can run sustainably under compliance of environmental norms with adequate environmental safeguard. The SEAC therefore resolved to grant ToR considering the project as one of violation.
Resolution: Keeping in view the information contained in the documents and records, the State Expert Appraisal Committee (SEAC), Rajasthan during its 4.9th meeting of SEAC dated 9th April 2019 prescribed the following ToR with public hearing for carrying out One Season EIA as per the EIA notification 2006. (through an Environmental Consultant duly approved by QCI / NABET for this sector for the project).
General ToR:
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1. The validity period of this ToRs letter would be for a period of three years from the date of dispatch of the ToRs letter. 2. The study area will comprise 10 km zone around the project from periphery . 3. Examine and provide details relating the impact on infrastructure like water supply, storm water drainage, sewerage power, etc., and the disposal of treated/raw wastes from the park on land/water body and into sewerage system. 4. Collection of one season (non-monsoon) primary baseline data on ambient air quality, water quality, noise level, soil and flora and fauna. Ambient Air quality should be determined by measuring the concentration of parameters like P.M.2.5, P.M.10, SO2, NOx according to the latest standards prescribed by CPCB. Site-specific meteorological data should also be collected. The location of the monitoring stations (minimum 6) should be justified. Date wise collected baseline AAQ data should form part of EIA and EMP report. The monitoring shall be carried out by CPCB/NABL/ MOEF/GoR approved laboratory and copy of the analysis report should be submitted. 5. Study the socio-economic conditions of the project area and its surroundings and their impact on the project design and operation. 6. Study the existing flora and fauna of the area and the impact of the project on them should be submitted along with detailed listing of vegetation. 7. Study the hydrological and geo-hydrological conditions of the project area. Include a contour plan indicating slopes and showing drainage pattern and outfall. 8. Examine and submit details about the resettlement and rehabilitation of project- affected persons in the nearby villages, in accordance with the national resettlement and rehabilitation policy. 9. Submit development strategy of the area. 10. Provide relevant Elevation and conceptual plan of the area. 11. Storm water drainage details and outfall may be described. Rainwater harvesting proposals should be made with due safeguards for ground water quality Maximize recycling of water and utilization of rainwater. 12. Water balance taking into account the population projection residents and the sources of water using the reduced water consumption as given in the Manual on norms and standards for EC of large construction projects. Also give water requirements for DG sets, air conditioning system etc. Commitment regarding availability of requisite quantity of water from the competent authority. Also provide account of reuse and re- circulation of effluents. 13. Provide water supply system design (taking care of the dual plumbing). 14. Budgetary provision shall be made for the housing of construction labor within the site with all necessary infrastructure and facilities such as health facility, sanitation facility, fuel for cooking, along with safe drinking water, medical camps, and toilets for women, crèche for infants. The housing may be in the form of temporary structures to be removed after the completion of the project. 15. Details regarding Occupational health impact of the project should be provided. Health study in the surrounding area be carried out covering information regarding prevailing diseases, mortality rate etc. Health and Safety Plan should be prepared and submitted. 16. Examine soil characteristics, topography, rain fall pattern and soil erosion. Ground water recharge pits to be suitably proposed as per MoEF guidelines.
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17. Application of renewable energy/alternate energy, such as solar energy, wind energy may be described. Quantify the amount of non conventional energy used, day light utilization, solar component etc 18. Risk assessment and disaster management plan be prepared which should include flood fighting with cost estimation and relevant budgetary provision. 19. Detailed fire fighting plan along with the locations and capacity of the water hydrants. 20. Identification of recyclable wastes and waste utilization arrangements may be made. 21. Explore possibility of generating biogas from decomposable wastes. Provide details and capacity of organic converters. Provide locations and size of composting area 22. Arrangements for hazardous waste management (if any) may be described. 23. Give electrical design including various loads, DG, transformer selection etc. Provide details of the DG sets also giving details of Eco- friendly DG sets. 24. Common facilities for waste collection, treatment, recycling and disposal (all effluent, emission and refuse including MSW, biomedical and hazardous wastes). 25. Traffic management and circulation plan including parking and loading/unloading areas may be described. Traffic survey should be carried out on weekdays and weekend. 26. Make provision of green belt as a measure for mitigation of dust and noise and buffer between habitation and industry. 27. EMP should include technical and institutional aspects for pre-treatment by constituent units and cost of EMP should be properly worked out and appropriate funds should be allocated. 28. Use of local building materials should be described. The provisions of Fly Ash Notification should be kept in view. 29. Green belt should be developed in 33% of total area landscape plan green belts and open spaces may be described. Provide a horticulture plan with percentage of green cover given, type of plantation taking into account both local species and biodiversity. 30. Environmental Management Plan should be accompanied with Environmental Monitoring Plan and environmental cost and benefit assessment. 31. Examine separately the details for construction and operation phases both for Environmental Management Plan and Environmental Monitoring Plan. 32. The P.P. will carry out proper Socio-economic survey of the villages situated in the study area. Based upon its findings and keeping in view the felt needs of local populations, the P.P. will provide adequate budget for carrying out CER activities. The proposal should contain provision for toilets for girls in near by schools. 33. A voluntary commitment of the Social responsibility activities to be undertaken by the project proponent is to be given and the budgeted amount proposed for such activity will be kept. Refer enclosed annexure -1 34. Provide for conservation of resources, energy efficiency and use of renewable sources of energy in the light of ESBC code. 35. Make assessment of any regulatory measure in view of the environmental and social impacts of the project (such as unauthorized development around the township). 36. Any litigation pending against the project and /or any direction /order passed by any Court of Law against the project, if so, details thereof. 37. The P.P. should ensure compliance of the order of the Hon’ble Rajasthan High Court, Jodhpur, in D. B. Civil writ petition no. 1536 of 2003 in the matter of Abdul Rahman vs State of Rajasthan and others and submit detail report. 38. The impact of the project on land use including change of course of water, if any should be given. Also Impact on topography, drainage, agricultural fields, cattle
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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. 39. Details of construction activity including date of starting of construction work and investment incurred till date along with photographs and in case of industries / mining, the quantity of products produced so far, should be essentially mentioned by the PP / Consultant. 40. A separate chapter on compliance to the environmental clearance conditions and / or the NOC / consent from the Rajasthan State Pollution Control Board should be submitted. The testing/ verification undertaken for the compliance should be from the recognized environmental laboratory. 41. Used filter papers (Air monitoring) along with photographs of the site showing Air / Water sampling / monitoring activity / equipment used at each station should be submitted. Original copies of analysis report of all the relevant data referred in the documents should be enclosed. 42. Public Hearing: The PP shall get the Public hearing conducted in terms of the OM dated 16.3.2018 of the MoEF & CC. After preparing the draft EIA (as per the generic structure prescribed in Appendix-III of the EIA Notification, 2006 and as amended ), the proponent shall get the public hearing conducted (strictly following the procedure laid down in the Appendix IV of the Amendment Notification dt. 01.12.2009 and MoEF circular no. J-15012/29/2010/IA. II (M) dt. 19.04.2010). In this regard due care would be taken in (i) deciding the venue of public hearing (at the project site or in its closed proximity, to ensure widest possible public participation), (ii) forwarding the Draft EIA Reports with Executive Summary Reports and notice for hearing to various authorities / offices, specifically to Urban Local Bodies/ Panchayati Raj. Institutions (i.e Zila Parishad, Panchayat Samiti & Gram Panchayat)/ Development Authorities (i.e. U.I.T., J.D.A. etc.), (iii) adequate publicity regarding date, place and time of public hearing among local public, (iv) recording requisite “certificate” at the end of public hearing proceedings / report and (v) displaying the report in the office of Gram Panchayat, Zila Parishad, Collectorate etc. After completing the public hearing process as described above, the proponent shall take further necessary action for obtaining environmental clearance in accordance with the procedure prescribed under the EIA Notification, 2006 and amendments made thereafter. 43. Following information regarding the work order/agreement issued by the P.P. to the consultant (Accredited from QCI/ NABET for proposed project Sector) should be submitted:- a. Dispatch No. of the work order/agreement. b. Date of issue of work order. c. Date of start of air/water/other monitoring work (as applicable) d. Postal address/ Email Address/ Fax Number/ Mobile Number and Landline Number of the P.P. Points included in TOR as per MoEF circular no. J-11013/41/2006-IA.II(I)-Pt. dt. 19.05.2011 regarding Corporate Environmental Responsibility.
1. 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.
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2. Does the Environment Policy prescribed 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 report. 3. 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. 4. 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. Specific ToRs applicable in the cases of violation in terms of the Notification dated 14.3.2017 and 8.3.2018 and OMs dated 30.5.2018, 4.7.2018 of the MoEF&CC :
1. The PP/Consultant is required to give details of violations of the EIA notification through affidavit in the specified format. 2. The PP shall undertake assessment of ecological damage, remediation plan and natural and community resource augmentation plan. Such plan shall be prepared as an independent chapter in the Environment Impact Assessment report. The report shall be prepared by the accredited consultant. The collection and analyses of data for assessment of ecological damage, preparation of remediation plan and natural and community resource plan shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986 or an environmental Laboratory, accredited by the National Accreditation Board for Testing and Calibration Laboratories or a Laboratory of the Council of Scientific and Industrial Research Institution working in the field of environment. 3. The Environment Management Plan shall comprise remediation plan and natural and community resource augmentation plan corresponding to ecological damage assessed and economic benefit derived due to violation. 4. The PP shall undertake Final Environment Impact Assessment and prepare Final Environment Management Plan after conducting Public Hearing. 5. The PP shall be required to submit a bank guarantee equivalent to the amount of remediation plan and natural and community resource augmentation plan with the State Pollution Control Board and the PP shall deposit the bank guarantee prior to the grant of Environmental Clearance and which shall be released after successful implementation of the remediation plan and natural and community resource augmentation plan and after recommendation by Regional Office of the Ministry, State Level Expert Appraisal Committee and approval of SEIAA. 6. The PP who has committed violation of the EIA Notification dated 14.09.2006 shall be governed by the public consultation in the parent notification as per the directions dated 14.3.2018 of the Hon’ble Madras High Court in the matter of WIVIP Nos. 3361 and 3362 of 2018 and WMP No. 3721 of 2018 in WP No. 11189 of 2017 and the Office Memorandum dated 16.3.2018 of the MoEF & CC GoI.
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In the final EIA /EMP report , compliance of points of ToRs should be reported point wise in a statement of three columns as indicated below:-
S. No Items in the letter of the ToRs Reply / Response by the PP
Agenda no.29.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15514)/ 2018-19
Project Name :- EC for Proposed Group Housing Project catering to "Mahal Aangan" at village Ramchandrapura, Tehsil:- Sanganer, District - Jaipur, Rajasthan with Total Plot Area 9000.28 Sq.m and Gross Built up Area 34243.49Sq.m
Proponent Name: - Mahal Aagan Project in Charage:- Dhruv Dandia(Authorized Signatory)E- Mail:[email protected]; [email protected]
Consultant Name: - Enkay Enviro Services Pvt. Ltd. Add: - 92, Heeranagar A, Near shalimar Bagh, Ajmer Road, Jaipur E-mail:- [email protected],
Brief details of the Project:-
1. The project was considered for presentation in 4.3rd meeting of SEAC dated 29-30.10.18. 2. During presentation the PP expressed that the proposed project is not a case of violation. He was informed that in case the proposal is found to be a case of violation, in terms of the MoEF & CC Notification dated 14.03.2017 and 8.03.2018, the PP shall be solely responsible for being proceeded against in accordance with law. 3. In the beginning of the presentation, the consultant Ms. Sunita Mantri, CMD of Enkay Enviro Services Private Limited, informed that there is no violation at the project site and that a security room for the guard has been constructed at site and that only excavation for the septic tank and soak pit for the Guard has been done at the site. On being asked by the members that how much soil has been excavated for the Septic Tanks and soak pit, the consultant referred to the power point presentation and said that around 1,40,000 Cubic Feet of soil has been excavated for this purpose. The PP, Sh. Dhruv Dandia admitted that the excavation is a bit more than that required for a septic tank and soak pit. 4. Since the volume of the excavated soil was reported to be very large compared to that required for a septic tank and soap pit for the guards and varying versions of the PP and the consultant regarding the extent of excavation, the committee considered it proper to have a site visit and therefore resolved to have a site visit of the site soon after the meeting was over and to consider the project for presentation thereafter. The PP and the Consultant were informed about the site visit during the meeting and were asked to be present at the site after the meeting for the purpose of appraisal of the project. 5. After the meeting, the committee members went for the site visit during which, the PP and the consultant were also present. It was observed that the PP had carried out huge excavation work at the site. The committee members were of the view that the PP has violated the provisions of EIA Notification by undertaking huge excavation for the project without prior Environmental Clearance from the regulatory Authority. The PP and the consultant also admitted that it was a case of violation of the EIA Notification.
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6. The Committee asked the PP to get the site photographed and submit the same clearly showing the area excavated for undertaking the project along with the volume of soil excavated so far by the next day in the Office of SEAC. 7. The Committee considered it as a case of violation. 8. Accordingly the case was considered in 4.7th meeting of SEAC along with the other cases of violation in pursuance of the MoEF Notification dated 14.3.2017 and 8.3.2018, as additional agenda item no 71.20.1 to 71.20.22 in its 4.7th meeting held on 28th – 31st January, 2019 . 9. The SEAC therefore resolved to grant ToRs consideration the project as that of violation and issued ToR vide letter no.8826 dated 07.03.19. 10. The PP vide its letter dated 02.04.2019, 04.04.2019, 09.04.2019,25.03.2019, 28.03.2019 has submitted his representations for exemption of public hearing and has requested for collection of base line data in one month study period for preparation of EIA report. The PP has also requested that his representation may be forwarded to the MOEF & CC, GOI for clarification as to whether his project attracts public hearing or not keeping in view the fact of the project being a case of violation of the EIA notification.
Observation of the committee:
The SEAC considered the letters/ representations dated 28.03.2019, 25.03.2019, 02.04.2019, 04.04.2019, & 09.04.2019 submitted by the PP. M/s Mahal Aangan started its building & construction project without obtaining prior E.C from SEIAA, under the provisions of the EIA Notification dated 14.09.2006, as amended from time to time. Commencement of building and construction activity without prior E.C of SEIAA is violation of the provision of said Notification. The EIA Notification dated 14.03.2017 and 08 .03.2018 provide a detailed procedure to deal with cases where project proponent (PP) has made violation of the EIA Notification. The sub Para (5) of Para 13 of the Notification dated 08.03.2018 clearly prescribes the following procedure for EC where there has been violation of the EIA Notification.
“In case, where the findings of the Expert Appraisal Committee or State or Union territory level Expert Appraisal Committee on point at sub-paragraph (4) above are affirmative, the projects will be granted the appropriate Terms of Reference for undertaking Environment Impact Assessment and preparation of Environment Management Plan and the Expert Appraisal Committee or State or Union territory level Expert Appraisal Committee, will prescribe specific Terms of Reference for the project on assessment of ecological damage, remediation plan and natural and community resource augmentation plan and it shall be prepared as an independent chapter in the environment impact assessment report by the accredited consultants, and the collection and analysis of data for assessment of ecological damage, preparation of remediation plan and natural and community resource augmentation plan shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986, or a environmental laboratory accredited by the
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National Accreditation Board for Testing and Calibration Laboratories, or a laboratory of the Council of Scientific and Industrial Research institution working in the field of environment.”
It is submitted that the said procedure inheres public consultation in the process of appraisal of cases of violation. The validity of the Notification dated 14.03.2017 and 8.03.2018 of the MOEF& CC came up for consideration of the Hon’ble Madras High Court in the matter of W.P no. 11189/17and W.M.P no. 3361 and 3362 of 2018. It was argued by the project proponent of the building and construction projects in WMP no 3361& 3362 of 2018 that the public consultation should not be insisted in buildings and construction projects as stage III of paragraph 7(i) of parent Notification dated 14.09.2006 exempts public hearing for projects falling under item no. 8 (a) of the schedule. The Hon’ble Madras High Court by order dated 14.03.2018 made following observation “In this view of the matter, considering that sub clause (i)(d) of stage III of paragraph 7(i) of parent notification as contained in item no. 8(a) of the schedule being housing projects, we deem it necessary to clarify that projects and project proponents falling under this category alone shall be governed by the ‘public consultation’ clause in the parent notification” It is submitted that the Hon’ble Madras High Court in its judgement dated 13.10.2017 had held as follows “5. We record the submissions of the learned additional solicitor general that (a )
public hearing can be read in to paragraph 5 of the impugned notification and (b)
this shall certainly and clearly be a onetime measure”.
The above observations show that though public consultation is exempted in building & construction project yet in view of the language of sub para (5) of para 13 of Notification dated 14.03.2017 as amended on 08.03.2018, public consultation becomes necessary requirement in the cases falling under the category of violation. The MOEF & CC vide office memorandum dated 16.03.2018 while reproducing the operative part of the Hon’ble High Court judgement in para 3 has further directed that “The projects/activities pertaining to all sectors, shall be considered as per the directions of Hon’ble high of judicature at madras vide order dated 14 March 2018 in WMP NOS 3361 and 3362 of 2018 and WPM No 3721 of 2018 in WP No. 11189 of 2017”
The SEAC is of the firm opinion that the Hon’ble High court has not exempted public hearing in the cases of violation related to building & construction projects, falling under
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category 8 (a) of the EIA Notification. The Hon’ble High Court has said that the projects falling under 8 (a) shall be governed by public consultation clause contained under Para 7, stage III (i) (d) of the EIA notification 14.09.2006. The Hon’ble High Court has not said the projects in this category shall be governed by the exclusionary or exemption part of the public consultation clause. The SEAC has therefore issued TOR to all such projects with public hearing. The PP, however, in support of his plea that public hearing is not applicable in this case has cited following decisions of the EAC of the MOEF & CC, GOI, New Delhi. 1. EAC in its 17the meeting dated 29.01.2019 for the case of Commercial Complex project in Ernakulum by Nippon Motor Corporation Pvt. Ltd. Case of Violation At S.No. 17.3.1.2 Point No. 9 it is specified that no public hearing required for construction projects. 2. EAC again, in its 19th meeting dated 25.02.2019 for the case of expansion of warehouse at Mewat, Haryana by Gokaldas Warehousing Corp. Ltd. At S.No. 19.3.5.2 at point No. 9 it is specified that public hearing is not applicable. Regarding period of study of baseline data of various parameters for preparation of EIA reports, it is submitted that the projects falling under category 8 (a) (building & construction projects), SEAC has taken the projects, involving violation of EIA notification , at par with the area and development projects covered under category 8(b) of the schedule to the EIA notification dated 14.9.2006.The projects of category 8(b) (Area Development), as per the slandered TOR specified by the MoEF&CC, have to prepared EIA/EMP reports, on the basis of three months study period for collecting baseline data. The SEAC in the present case covered under category 8(a) has therefore asked the PP to conduct one season (three months) study, for collection of baseline data for EIA as this case is a case of violation. The PP in support of its request for base line environmental study of one month instead of one season study has cited the decision of EAC of MOEF, taken in its 15th meeting held on 27.11.18-29.11.18. The decision pertained to various projects wherein under the TOR for EIA & EMP study it is stated that the base line environmental study for various parameters for one month.
Resolution:- After perusal of the record, orders pronounced by the Hon’ble Madras High Court 13.10.2017 & 14.03.2018, OM dated 16.03.2018 of the MOEF, Para 13(5) of the notification dated 08.03.2018 of the MOEF & CC and various representations submitted by the PP, the SEAC is of the firm opinion that this project requires public consultation. However, the SEAC looking to the anomaly in the stands taken by SEAC & EAC of the MOEF & CC regarding applicability of public hearing in relation to building & construction projects suffering from violation and in view of the representation dated 09.04.19 of the PP requesting to seek clarification from the MOEF & CC, GOI, the SEAC resolved to recommend to SEIAA to refer the issue to the MOEF & CC for clarification in the matter. Regarding study of base line data for one month as requested by the PP, the SEAC is of the view that present case being one violation, the request of the PP cannot be considered and is
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required to be dealt with in a way similar to that applicable to the cases falling under Category 8 (b) of the Schedule of EIA Notification. The PP may be informed accordingly. With respect to the apprehension, regarding subsidence of soil due to already carried out soil excavation, expressed in the letter dated 04.04.19 submitted by PP, the SEAC is of the view that the PP has to take all measures so as to prevent any accident or untoward happening but PP should not do anything which is contrary to the provisions of the EIA Notification. The PP be informed accordingly.
Agenda no.30.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15577)/ 2018-19
Project Name: - EC for Dolomite Mining Project, M.L.Area - 55.8064 ha. Production capcity from 0.156 Million TPA to 0.75 Million TPA, khasra no. - not given , near Village - Rayawala, Tehsil- Jamwa Ramgarh, district - Jaipur by M/s Andhi Marble Pvt. Ltd.
Proponent Name: - M/s Andhi Marble Pvt. Ltd. Add:- Ram Bhawan, Rambarh Mod, Amer Rood, Jaipur (Rajasthan) E-mail:- [email protected]
Consultant Name: - J.M. EnviroNet Pvt. Ltd. Add:- 202-A, ABW Tower, MG Road, IFFCO Chowk, Sector-25, Gurugram- E-mail:- [email protected]
Brief details of the Project:-
1. ToRs to the project was issued by MoEF& CC, vide letter dated 2.11.2015for 55.8064 ha. Mines. 2. The PP submitted the compliance report of the ToRs to SEIAA as per MoEF Notification dated 14.8.2018, providing for consideration of mining projects having lease area up to 100 ha. to be dealt at State Level. 3. The PP was called for presentation in the 4.7th meeting of SEAC held on 28th –31st January, 2018. 4. During the presentation, the SEAC perused para 6 of the para wise reply to the meeting notice dated 1.1.2019 wherein it is stated that the project is for minor mineral and this is cluster of mining lease area (no. 145 ) and total number of leases in the cluster is 29. Total cluster area is 134.3830.ha. The PP has stated that as per the EIA Notification dated 14.9.2006 and as amended on 14.8.2018 the project falls under sr. no. 1 (mining of minerals), project or activity 1(a)- (4) and 5(ii), Cat. B-1. The committee further observed that the PP in his application has stated that the distance of the mine from the boundary of Jamwaramgarh Wild Life Sanctuary is more than 1 Km., whereas, in other documents accompanied with the application, it is stated that the distance of the mine from the boundary of Jamwaramgarh Wild Life Sanctuary is approximately 1 Km. Since the PP has not clearly stated the exact distance of the mine from the boundary of Jamwramgarh Wild Life Sanctuary, the SEAC, therefore resolved to ask the PP to submit authenticated document from the Forest Department( DCF, Wildlife), Jaipur, showing exact distance of the mine from the Sanctuary, within 45 days of receipt of communication in this regard. Besides above, the SEAC also observed that the PP has also not mentioned the Khasra no. of the site where the mining lease of the PP is located in the reply to the meeting notice at para no. 19.
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5. Accordingly a query letter no. 8671 dated 04.02.19 was issued to the PP. 6. The project was reconsidered by the SEAC in the 4.8th meeting held on 26.2.2019 in the light of the fact that part of the Jamuaramgarh sanctuary falls in the Sariska Wild Life Sanctuary/ Tiger Reserve Alwar hence the PP should obtain a letter showing exact distance of the mine from the boundary of Jamuaramgarh Wild Life Sanctuary, and Sariska Wild Life Sanctuary/ Tiger Reserve from the Forest Department, DCF (Wildlife) Jaipur/ Field Director, Sariska Tiger Reserve, Alwar/ Chief Wild life Warden, Aranya Bhawan, Jalana Dungari, Jaipur, within 20 days of receipt of this communication. 7. Accordingly a letter no. 8741 dated 27.02.19 was issued to the PP. 8. The pp has replied vide its letter dated 20.03.19.
Observation of the committee-
The SEAC considered the project and perused the reply dated 20.03.2019 submitted by the PP. The PP in its reply has requested for some more time for submission of authentic document showing the distance of the project from Jamvaramgarh Sanctuary/Sariska Tiger Reserve. The PP in his letter has stated that he has already applied to the forest office on 22.02.19.
Resolution:-
The SEAC after considering the request of PP resolved to grant further time of forty five days from the date of receipt of communication from SEAC, for submission of authenticated document mentioning the distance of mine from the boundary of the sanctuary.
Agenda no. 31.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15545)/ 2018-19
Project Name: - Environment Clearance for Ramapura Minerals Pvt. Ltd. From present lessee Geeta Devi Mittal for the Existing Ramapura Silica Mine, (ML No. 04/1994), Area: - 18.12 ha, Production Capacity: - 60,000 TPA, Khasra No. Not Given, Add: - Village -Ramapura, Tehsil- Karauli, Distt. - Karauli (Raj.)
Proponent Name - M/s Ramapura Minerals Pvt. Authorized Signatory: Arun Agarwal, Add- Mansarovar, Vishnu Garden, Sita Bari, Tonk Road, Distt. Jaipur, (Raj.), Email: [email protected]
Consultants Name: - Enkay Enviro Services Pvt. Ltd. Add-92 Heera Nagar - A, Near Shalimar Bagh, Ajmer Road, Distt.- Jaipur (Raj.) Eamil:- [email protected]
Brief details of the Project:-
1. The project was considered for presentation in 4.7th meeting of SEAC dated 28- 31.01.2019. 2. The SEAC perused the letter dated 18.5.2018 of the MoEF & CC wherein the PP has been advised to apply online under the notification dated 6.4. 2018 within a period of 6 months. From the perusal of the record it is not clear as to on what date did the PP made the application to SEIAA, online. 3. The SEAC therefore resolved to ask the PP to show as to when the application for validation for EC was made to SEIAA, online, as the hard copy of the application shows
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that it was made to SEIAA on 15.10.2018 i.e. after the expiry of the period allowed by the MoEF & CC vide notification dated 6.4.2018. 4. Accordingly a query letter no. 8835 dated 07.03.19 was issued to the PP. 5. The pp has replied vide its letter dated 26.03.19.
Observation of the committee-
Committee considered the matter and perused the earlier EC granted by the MoEF vide letter 03.05.2005 in favour of Geeta Devi Mittal, compliance report of earlier EC conditions certified by RO, MOEF Lucknow, NOC from Geeta Devi Mittal, legal undertaking by transferring, approved mining plant, validity of lease of extension, authenticated production figure, affidavit of non violation of EIA Notification and other documents submitted by the PP. The mine, as per the GT sheet, is located at the distance of 4.5 Km from the boundary of Keladevi Wild Life Sanctuary and being so the PP is required to obtain the clearance from standing committee of the National Board of Wild Life.
Keeping in view the examination of the documents made available and the presentation made by the PP during 4.7thmeeting of SEAC held on 28th – 31st January, 2018 the SEAC prescribed the following ToRs with Public Hearing for carrying out a detailed EIA as per the EIA notification 2006. Project Name: - Environment Clearance for Ramapura Minerals Pvt. Ltd. From present lessee Geeta Devi Mittal for the Existing "Ramapura Silica Mine, (ML No. 04/1994), Area: - 18.12 ha, Production Capacity: - 60,000 TPA, Khasra No. Not Given, Add:- Village - Ramapura, Tehsil- Karauli, Distt. - Karauli, (Raj.) Project Proponent - M/s Ramapura Minerals pvt. Authorized Signatory: Arun Agarwal, Add- Mansarovar, Vishnu Garden, Sita Bari, Tonk Road, Distt. Jaipur, (Raj.), Email:[email protected] Consultants Name:- ENKAY ENVIRO SERVICES PVT. LTD., Add-92 Heera Nagar - A, Near Shalimar Bagh, Ajmer Road, Distt.- Jaipur (Raj.) Email: - [email protected]
General TOR:
1. The validity period of this ToRs letter would be for a period of three years from the date of dispatch of the ToRs letter.
2. The study area will comprise 10 km zone around the mine lease from lease periphery and the data contained in the EIA with respect to mining operations such as conceptual pit limits, waste generation etc. should be for the life of the mine/lease period.
3. Location of other industries & mines within the study area along with their production and pollutants generated by them, estimated pollution load and cumulative impact on environment including the proposed project should be submitted. The same shall be accounted for while generating mathematical models of pollution dispersion for preparation of the EMP.
4. Year-wise production (since inception of the mines) details clearly indicating the proposed highest production for the life of the mine/lease period should be submitted.
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5. Details of land to be used as the designated dumping site for OB dump should be selected and proposed within the lease area as per the approved mining plan. In no case the overburden should be dumped outside the lease area, however proposal for utilization of OB for construction or other meaningful use to the extent possible may be submitted and should try to work on zero waste patterns. Details regarding quantity of solid waste generation to be estimated and details for its disposal and dump management are to be provided.
6. Land use plan of the mine lease area should be prepared to encompass pre-operational, operational and post operational phases.
7. The P.P. should provide a mining plan along-with progressive mine closer plan and implementation plan at the time of submission of application for the EC.
8. Based on the study and the points raised by the people during public hearing, the P.P. shall work out an effective plan to address the environmental, socio-economic and other issues identified during the process, with suitable funds allocation for the purpose. Further PP shall implement all commitments made during public hearing, while implementing the project.
9. Certificate regarding mine lease area not falling in the Aravalli Hills issued by the Mining Engineer/ Assistant Mining Engineer in the prescribed format, as per the instructions contained in the letter no. DMG/ADM/Env/EC/F11/06/17-76 dt. 17.01.2011 issued by the Director, Department of Mines and Geology, GoR, Udaipur, should be submitted.
10. List/details within 10 km radius of the mine lease area, the location of human settlement, water bodies, Reserve Forest, National Parks, Sanctuaries, Biosphere Reserves, Wildlife Corridors, Tiger/Elephant reserves (existing / proposed), shall be clearly indicated giving the land use. Necessary clearance, if any, as may be applicable to such projects due to proximity of the ecologically sensitive areas as mentioned above shall be obtained from the Chief Wildlife Warden under the Wildlife (Protection) Act’ 1972 and submitted. This location map should also indicate the list and location of other mine leases existing, if any, within 10 km radius.
11. The ToR is subject to the specific condition that the PP shall obtain prior clearance from forestry and wild life angle including clearance from Standing Committee of the National Board Wild Life as applicable. It is further categorically stated that grant of EC does not necessary implies that forestry and wild life clearance shall be granted to the project and that their proposals for forestry and wild life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any, based on environment clearance so granted, in anticipation of the clearance from forestry and wildlife angle shall be entirely at the cost and risk of the project proponent and Ministry of Environment & Forests shall not be responsible in this regard in any manner.
12. 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.
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The details regarding flora to include information regarding (a) trees, shrubs, grasses, (b) frequency, density, I V I, abundance % of species occurring on proposed site, (c) dominant species of trees, shrubs , grasses (d) endemic species, (e) threatened species, (f) rare species, (g) endangered species and (h) vulnerable species. The details of fauna to include information regarding list and distribution 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.
13. Collection of one season (non-monsoon) primary baseline data on ambient air quality, water quality, noise level, soil and flora and fauna, ambient air quality should be determined by
measuring the concentration of parameters like P.M.2.5, P.M.10, SO2, NOx according to the latest standards prescribed by CPCB. Site-specific meteorological data should also be collected. The location of the monitoring stations (minimum 6) should be justified. Date wise collected baseline AAQ data should form part of EIA and EMP report. The monitoring shall be carried out by CPCB/NABL/ MOEF&CC/GoR approved laboratory and copy of the report to be submitted. The monitoring if any prior to submission of project to SEIAA for ToR will not be considered.
14. 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 should be indicated on map. Wind Rose Diagram should be representative and include stability class and inversion phenomenon of that area along with the lapse rate.
15. A surface and ground water study should be carryout, both pre-monsoon and post monsoon monitoring. Information about proposed working depth of mining area, groundwater table both in above MSL and below ground level (BGL) should be provided. Based on actual monitored data, it may clearly be shown whether mine working will intersect groundwater table or not. In case the mining activity intersects the ground water table then necessary permission from CGWA should be obtained. Impact of the project on the water quality both surface and groundwater should also be assessed and necessary safeguard measures, if any required should be provided. Further, submit water drainage plan of the 10 km study area.
16. The P.P. should ensure compliance of the order of the Hon’ble Rajasthan High Court, Jodhpur, in D. B. Civil writ petition no. 1536 of 2003 in the matter of Abdul Rahman vs State of Rajasthan and others and submit a brief note regarding compliance of the court order.
17. The water requirement for the project, its availability and source to be furnished. A detailed water balance should also be provided. Fresh water requirement (if any) for the project
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should also be indicated. Necessary clearance from the Competent Authority for drawl of requisite quantity of water for the project should be provided. Details of water conservation measures including rainwater harvesting should be provided and to be adopted in the project.
18. Consumption of diesel and its storage should be provided along with an action plan for its efficient consumption.
19. The Conceptual post mine land use plan and Reclamation & Rehabilitation (R&R) plan of mined out area (with plans and sections at appropriate scale as per MCDR 1988) should be submitted.
20. Impact on local transport and infrastructure due to the project: Projected increase in hauling vehicles 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. Arrangement for improving the infrastructure to avoid any congestion especially at junctions and mishaps throughout the route of transportation of mineral should be ensured and action to be taken by other agencies such as State Government, if any, should be covered.
21. The green belt area should be developed in 33% of total lease area, provide time taken for of progressive greenbelt development, plantation and compensatory afforestation clearly indicating the 33% area to be covered under plantation giving detail of local species, width of plantation, plantation schedule etc. along with year wise financial expenditure. The proposal for completion should be within a period of 3 years from the start of mining operation. Information regarding greenbelt development plan shall also be prepared in a tabular form, indicating the location of the area, type of tree and its number supported by a map. In case plantation not possible in the mining lease area than proposal for plantation on alternate land of area measuring 33% of the lease area should be ensured after due procreation/ identification of such land with due consent of the land owner. Further, existing mining projects should carryout plantation in 33% of lease area and thereafter come for the EC.
22. Budgetary provision for the labours (registered/unregistered/others) working in the mine should be submitted for all necessary infrastructure facilities such as health facility, sanitation facility, and fuel for cooking, along with provision for safe drinking water, monthly medical camps and distribution of medicines, primary education and toilets for women, crèche for infants.
23. Details regarding occupational health impact of the project should be provided. Health study in the surrounding area be carried out covering information regarding prevailing diseases, mortality rate etc. Health and Safety Plan should be prepared and submitted.
24. The P.P. will carry out proper Socio-economic survey of the villages situated in the study area. The details of survey are given informat ‘J’. Based upon its findings and also as per public hearing issues and keeping in view the felt needs of local population, the P.P. will provide adequate budget for carrying out CER activities including provision for toilets for
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girls in nearby schools, monthly medical camps, and improvement in educational facilities in the nearby schools. Further, existing mining projects should carryout CER for a period of at least one year and thereafter come for the EC.
25. Measures for socio economic influence on the local community due to proposed project to be provided by project proponent. As far as possible, appropriate quantitative dimension to be given. Analysis of job requirements vis-à-vis employability of local population need to be provided.
26. Detailed environmental management plan (EMP) to mitigate the environmental impacts inter- alia including the impact due to change of land use, due to loss of agricultural land and grazing land, if any, should also be submitted besides other impacts of the project. The budgetary provision (both capital and recurring) for implementing the proposed EMP should be clearly spelt out.
27. The points raised during Public hearing and commitment of the project proponent on the same along with time bound action plan to implement the commitments and the necessary allocation of funds for the same should be provided.
28. Any litigation pending against the project and /or any direction /order passed by any Court of Law against the project, if so, details thereof should be submitted.
29. That the Project Proponent shall clearly spell our details of the explosives and blasting to be used, if any, for carrying on mining activity along with the impact of blasting on the environment and safety major to be proposed.
30. Provide details about transfer/allotment of mining lease, extension of lease period etc. along with authenticated copies of orders for lease allotment / transfer / extension of validity period.
31. A balance sheet certified by Authorized Financial Expert to clearly indicate the provision made / amount spent for EMP/ERP/CER/ Safety/Labour welfare/ Legal Obligations etc to be enclosed.
32. PP should clearly mention in the documents whether there is any violation of provisions of EIA Notification and inform at the start of presentation (to be a part of computer presentation also) as per MoEF Notification dated 8.3.2018.
33. The PP shall submit final and authenticated copy of the DSR (District Survey Report) as contemplated under Appendix-X of the EIA Notification 2006.
34. The Environmental Clearance will not be operational till such time the project proponent complies with all the statutory requirements and judgment of Hon’ble Supreme Court dated the 2nd August 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union of India and Ors.
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35. State Government concerned shall ensure that mining operation shall not commence till the entire compensation levied, if any, for illegal mining is paid by the Project Proponent through their respective Department of Mining & Geology in strict compliance of judgment of Hon’ble Supreme Court dated 2nd August 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union of India and Ors. 36. Used filter papers (Air monitoring) along with photographs of the site showing Air / Water sampling / monitoring activity / equipment used at each station should be submitted. Original copies of analysis report of all the relevant data referred in the documents should be enclosed. 37. After preparing the draft EIA (as per the generic structure prescribed in Appendix-III of the EIA Notification, 2006 and as amended from time to time ) covering the above mentioned issues, the proponent shall get the public hearing conducted (strictly following the procedure laid down in the Appendix IV of the Amendment Notification dt. 01.12.2009 and MoEF circular no. J-15012/29/2010/IA.II(M) dt. 19.04.2010, as per amendment, if any). In this regard due care would be taken in (i) deciding the venue of public hearing (at the project site or in its close proximity, to ensure widest possible public participation), (ii) forwarding the Draft EIA Reports with Executive Summary Reports and notice for hearing to various authorities / offices, specifically to Urban Local Bodies/ Panchayati Raj. Institutions (i.e Zila Parishad, Panchayat Samiti & Gram Panchayat)/ Development Authorities (i.e. U.I.T., J.D.A. etc.), (iii) adequate publicity regarding date, place and time of public hearing among local public, (iv) recording requisite “certificate” at the end of public hearing proceedings / report and (v) displaying the report in the office of Gram Panchayat, Zila Parishad, Collectorate etc.(vi) videography of the complete proceedings of the public hearing to be carried out. After completing the public hearing process as described above, the proponent shall take further necessary action for obtaining environmental clearance in accordance with the procedure prescribed under the EIA Notification, 2006 and subsequent amendments.
38. The information regarding the work order/agreement issued by the P.P. to the consultant (Accredited from QCI/ NABET for proposed project Sector) should be submitted along with, (a) Dispatch No. of the work order/agreement, (b) Date of issue of work order (c) Date of start of air/water/other monitoring work (as applicable) and (d) Postal address/ Email Address/ Fax Number/ Mobile Number and Landline Number of the P.P.
Points to be included in TOR as per MoEF&CC circular no. J-11013/41/2006-IA.II(I)-Pt. dt. 19.05.2011 regarding Corporate Environmental Responsibility.
1. 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. 2. Does the Environment Policy prescribed 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 report. 3. 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.
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4. 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.
Specific ToRs applicable in the cases of violation in terms of the Notification dated 14.3.2017 and 8.3.2018 and OMs dated 30.5.2018, 4.7.2018 of the MoEF&CC :
1. The PP shall undertake assessment of ecological damage, remediation plan and natural and community resource augmentation plan. Such plan shall be prepared as an independent chapter in the Environment Impact Assessment report. The report shall be prepared by the accredited consultant. Collection and analyses of data for assessment of ecological damage, preparation of remediation plan and natural and community resource augmentation plan shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986 or an environmental Laboratory, accredited by the National Accreditation Board for Testing and Calibration Laboratories or a Laboratory of the Council of Scientific and Industrial Research Institution working in the field of environment. 2. The Environment Management Plan shall comprise remediation plan and natural and community resource augmentation plan corresponding to ecological damage assessed and economic benefit derived due to the violation. 3. The PP shall undertake Final Environment Impact Assessment and prepare Final Environment Management Plan after conducting Public Hearing. 4. The PP shall be required to submit a bank guarantee equivalent to the amount of remediation plan and natural and community resource augmentation plan with the State Pollution Control Board and the PP shall deposit the bank guarantee prior to the grant of Environmental Clearance and which shall be released after successful implementation of the remediation plan and natural and community resource augmentation plan and after recommendation by Regional Office of the Ministry, State Level Expert Appraisal Committee and approval of SEIAA. 5. The project proponent shall give an undertaking by way of affidavit to comply with all the statutory requirements and judgment of Hon’ble Supreme Court dated the 2ndAugust 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union of India and Ors. before grant of ToR/ EC the undertaking inter-alia include commitment of the PP not to repeat any such violation in future. 6. In case of violation of above undertaking, the Environmental Clearance shall be liable to be terminated forthwith as per OM dated 30.5.2018 of the MoEF&CC.
In the final EIA /EMP report , compliance of points of ToRs should be reported point wise in a statement of three columns as indicated below:-
S. No Items in the letter of the ToRs Reply / Response by the PP
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Agenda no.32.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15368)/ 2018-19
Project Name :- EC for proposed " Pigments Plant ( Capacity - Total saleable Pigments - 7,200 Tons per Annum ) of Bhabani Pigments Pvt. Ltd. at Plot no. 7, Matsya Industrial Area , District - Alwar (Raj) for an area of 4.1309 Ha.
Proponent Name:-Bhabani Pigments Pvt.Ltd. Authroized Signatory:- Anant Kanoi (Director) Add:- A-30, Block no B-1, Mohan Cooperative Industrial Estate, New Delhi. E-mail:- [email protected]
Consultant Name:- M/s Enkay Enviro Services Pvt. Ltd., Add: 92 Heera Nagar - A, Near shalimar Bagh, Ajmer Road, Jaipur (Raj.) Email- [email protected]
Information as per Form-1and other documents submitted by Project Proponent.
S. Particulars Details Page No. Nos.
Category/Item 5 (f) 2 No. (in Schedule):
Location of Plot No. 7, Matsya Industrial Area, District – Alwar (Raj.). 2 Project
Project Details S. No. Land Use Proposed Percent 6 Land use Break Area age up (Hectare) (%) Plant Area, Office Area (All 1.5129 36.62 covered area) Paved Area (Road, Corridor, 1.2476 30.2 Parking and Drainage) Green Belt Area & Open Area 1.3704 33.18 Total 4.1309 100
Details of No construction taken place at site. -- construction taken place at site(if any)
Salient features Proposed Phthalocyanine Pigments Manufacturing Plant (Capacity- Total Cover regarding saleable Pigments - 7200 TPA) of Bhabani Pigments Pvt. Ltd. situated at Page products and Plot No. 7, Matsya Industrial Area, District – Alwar (Raj.). for an area of process in brief Form I :
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including Plant 4.1.309 Ha. 2 Capacity.
Product Proposed Quantity (TPA)
Pthalocyanine Green (Phase I & II) 2,400
Beta Blue (Phase II) 3,600
Alpha Blue (Phase III) 1,200
Copper Phthalocyanine Blue Crude (CPC 6,000 Blue)
(For captive use) (Phase III)
Total saleable Pigments 7,200
By Product Proposed Quantity (TPA)
Ammonium Sulphate 8,400
Aluminium Hydroxide 2,040
Hydrochloric acid 1,800
Bleech Liquor 600
Raw Materials Raw material consumption per Ton of product is given below. 60-61 requirement ( CPC In case of more S. No. Raw Material Consumption (Kg) then one 1. Solvent - 1 100 product Raw 2. Phthalic Anhydride 1110 material for 3. R-60 1110 each product 4. CuCl 200 should be 5. Catalyst 6.50 specified ) 6. H SO 100 2 4 7. NaOH 100 Beta Blue 1. CPC Crude 1000 2. Solvent - 2 150 3. Additive 50
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4. NaOH 100 Alpha Blue 1. CPC Crude 1000 2. Sulphuric Acid (98%) 6000 3. Additive 50 4. NaOH 100 Phthalocyanine Green 1. CPC Crude 550 2. HCL (98%) 600 3. Aluminium Chloride 1800 4. Chlorine 1200 5. Caustic Soda 60 6. Cupric Chloride 100 7 Solvent - 3 100 8. NaCl 385
Details of Raw Material for boiler
S. Raw Proposed Source Mode of No. Material Consumption transport
Coal 30 TPD Local Road
Solid waste S. No. Solid Waste/ Quantity/ Unit Mode of Form I : /haz. waste Liquid Effluents Annum Treatment/ 7-8 quantities and Disposal management Used Oil and spent 5,000 Lit. Sent to Authorized oil registered actual user listed by RSPCB. Discarded 16,500 Kg Sent to Authorized Bags/container registered actual user listed by RSPCB. ETP Sludge 1,50,000 Kg Sent to Authorized registered actual user listed by RSPCB. Municipal Solid 10,800 Kg Sent to Alwar
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Waste Municipal Council’s site STP Sludge 18,000 KG To be used as manure in plantation after digestion Coal Ash 900 Tonne Sent to Authorized registered actual user listed by RSPCB. Liquid Effluents S. No. Solid Waste/ Quantity Unit Mode of Liquid Effluents Treatment/ Disposal Industrial waste 900 KLD ETP water Domestic waste 21 KLD STP water
Use of We shall store Phthallic Anhydride, Sulphuric acid, caustic soda and 34-35 substances or solvent which could be termed as Hazardous chemicals. These will be materials stored as per various safety norms or as per manufacturers which are recommendations hazardous Sr. No. Name of theNo. of Dimension ofQty. max. that Hazardous tank/vessel/ the tank can be stored Substance bullet
1 98% 2 tanks 3700 x 4000 40 KL Sulphuric (mm) each Acid
2 Solvent 3 tanks 2200 X 4000 20 KL each (mm) (IPA, MCB & ONT)
3 HSD 2 2200 X 4000 20 KL each mm
4 Chlorine 12 as per Mfg. 900 Kg/ Std. Cylinder
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5 Caustic Lye 2 2200 X 4000 20 KL each 40% mm
Project Cost The Total estimated project cost is Rs. 47.50 Crore. Form I : 5
Water The daily water requirement for the project will be 1,351 KLD. The daily 8-9 Requirement & fresh water demand will be 430 KLD and the recycled water is 921 KLD. Source S.No. Purpose Fresh Recycled Water water Water Demand (KLD) (KLD) (KLD)
1. Domestic purpose 30 - 30
2. Industrial Purpose. 400 900 1,300
(300 KLD Cooling Tower; 600 KLD – process) – From ETP
3. Green Belt - 21 (From 21 Development STP)
Total 430 921 1351
Source: - Water will be met from Ground water (bore well).
Total waste water generation
Sr. Solid Waste / Quantity Unit Mode of No. Liquid Effluents Generated Treatment 1 Industrial waste 900 KLD KLD ETP water 2 Domestic waste 21 KLD KLD STP water
Fuel & Energy Fuel: 220 ltr/hr of HSD (as & when used). 11,
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Coal -30 TPD for Boiler 72
Energy : Power requirement 1750 kVA will be sourced from JVVNL
Transformer: 2No. of 1260 kVA each
D.G. Sets: for power back up 2 DG sets having capacity of 1010 kVA (each) will be installed at site.
Application No. Application No. Nil dated 11.09.2017 for TOR & -- & Date & Application No. Nil dated 17.10.2018 for EC documents submitted
Environment Capital Cost: Rs. 360 Lacs 36 Management Recurring Cost: Rs. 40 Lacs Plan along with Budgetary breakup
CSR Activates As per the PPs letter dated 22.03.19—Rs.95,08,375 231 along with budgetary breakup
ETP Capacity of 1200 KL Waste Water per day 31
Green Capital Cost: Rs. 5.145 Lacs 247 Belt/Plantation Recurring Cost: Rs. 0.5 Lacs
Budgetary Capital Cost: Rs. 5.0 Lacs 253 Breakup for Recurring Cost: Rs. 0.50 Lacs Labour
Brief details of the Project:- 1. The project was considered for presentation in 4.5th meeting of SEAC dated 26th, 27th and 28th December, 2018. 2. Keeping in view the presentation made by the PP and its Consultants and discussion held during the meeting, the SEAC resolved to seek following information from the PP giving 45 days of time for submission from the date of issue of query letter:
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a. Process flow diagram with material balance at each unit operation for each product be submitted with recycle flow for every intermediate products specifically for ONT, HCL, Isopropyl alcohol, MCB, ML (mother Liquor), chlorine, caustic etc. The PP should ensure and explain how any amount of any of these chemicals are not let out into the environment out of the process flow stream (with detailed process flow diagrams for the various processing sections). b. The amount of water proposed to be evaporated in the cooling tower appears to be very high in the given short period. This should be explained with proper water balances keeping also mind whether conditions like rainy season etc. c. How effective is the proposal comprising ROs etc. in bringing down the quality of waste water streams to the desired level so as to keep it a zero discharge industry by not reusing the treated waste water in the plantation but only in the process. An undertaking regarding this should also be submitted. d. Revise the list of names of trees to be planted as the proposed list contains species like Rohida, Boganvelia, Kaner in this list. e. Breakup of the Capital investment to be spent on water pollution control- Rs 300 lacs , Air pollution control , Environmental monitoring Rs 25 lacs. f. The details of the chemicals to be used in the ETP, process description and chemical composition of the ETP sludge to be submitted. Status of application to TSDF site operatorbe submitted. g. Status of off-site emergency plan and on-site emergency plan to be informed. h. Revised CER as per need based requirements with annual budgetary provision. i. Affidavit of the consultant not as per proper language. 3. Accordingly a query letter no. 8765 dated 06.03.19 was issued to the PP. 4. The PP has replied vide its letter dated 22.03.19 and furnished the information sought by SEAC. Observation of the committee:
The SEAC considered the project and perused the point wise reply submitted by the PP vide its letter dated 22.03.19. The PP has furnished information regarding process flow diagram with material balance at each unit operation and water balance information. The PP has also stated that he will maintain Zero Liquid Discharge (ZLD) by installing Multi Effect Evaporator (MEE) for disposal of RO reject. . PP has further submitted revised proposals for expenditure to be incurred on CER activities for 3 years and committed to spend the same accordingly.
Resolution:
Keeping in view the information contained in the documents submitted and presentation made by the P.P before the SEAC, Rajasthan in 4.5th meeting held on 26th, 27th and 28th December, 2018 and after detailed deliberations & clarifications, the members were satisfied with the proposals, documents and reply of the queries and resolved to recommend to SEIAA for the grant of E.C for proposed Pigments Plant ( Capacity - Total saleable Pigments - 7,200 Tons per Annum ) of Bhabani Pigments Pvt. Ltd. at Plot no. 7, Matsya Industrial Area , District - Alwar (Raj) for an area of 4.1309 hact. Proponent Name: - Bhabani Pigments Pvt. Ltd. Authroized Signatory: - Anant Kanoi (Director) Add: - A-30, Block no B-1, Mohan Cooperative Industrial Estate, New Delhi. E-mail:- [email protected] Consultant Name: - M/s Enkay
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Enviro Services Pvt. Ltd., Add: 92 Heera Nagar - A, Near shalimar Bagh, Ajmer Road, Jaipur (Raj.) Email- [email protected] subject to the following conditions:
1. The EC is being issued for the following products-
Product Proposed Quantity (TPA)
Pthalocyanine Green (Phase I & II) 2,400
Beta Blue (Phase II) 3,600
Alpha Blue (Phase III) 1,200
Copper Phthalocyanine Blue Crude (CPC 6,000 Blue)
(For captive use) (Phase III)
Total saleable Pigments 7,200
By Product Proposed Quantity (TPA)
Ammonium Sulphate 8,400
Aluminium Hydroxide 2,040
Hydrochloric acid 1,800
Bleech Liquor 600
2) The PP shall obtain Consent to Establish and Operate from the Rajasthan State Pollution Control Board under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, before carrying out production activity. 3) The PP shall make compliance of the provisions of the Environment (Protection) Act, 1986 and the rules and notifications issued thereunder. 4) This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 5) As committed, the PP shall earmark and spend an amount of Rs. 360 Lacs as capital cost and Rs. 40 Lacs as annual recurring cost towards various environmental protection
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 47
measures and implementation of various activities under Environmental Management Plan. 6) The PP shall earmark and spend an amount of Rs.95,08,375 as CSR as per the proposal submitted and the detailed action plan be submitted to RSPCB at the time seeking CTE. 7) Total water demand will be 1351 KLD (fresh water demand 430 KLD and the recycled water demand is 921 KLD). The necessary permission of water supply should be obtained and submitted to RSPCB. For withdrawing ground water from bore wells, necessary permission from CGWA should be taken. 8) The industrial waste water will be treated in ETP of 1200 KLD capacity, keeping zero liquid discharge (ZLD) by way of reusing of entire waste water partly for plantation and partly for reusing in process etc. The RO reject waste water shall be disposed through adequate capacity MEE plant so as to maintain ZLD. The construction of the ETP, RO plant, MEE should be carried out simultaneously with that of the project and should be functional before the project is put into use. An independent expert shall certify the installation of the Effluent Treatment Plants (ETP), RO & a report in this regard shall be submitted to the RPCB, before the project is commissioned for operation. Treated waste water shall conform to the norms & standards of the Rajasthan State Pollution Control Board. 9) The domestic waste water will be treated in STP of adequate capacity and treated waste water, confirming to prescribed standards, will be used for plantation and other gainful utilization within the premises. 10) The ETP, STP and RO shall have a separate hour meter and energy meter and the record of the same shall be maintained. 11) The PP should provide atleast 4 no. of peizeometric wells in the premises and the locations of such wells shall be decided in consultation with the Regional Officer and shall carry out half yearly monitoring of these wells. Location of the well should be shown in the map. 12) The PP shall achieve the stack emission standards and ambient air standards as notified under E. P. Rules 86 and its subsequent amendments. 13) The height of the stack for disbursement of the process emissions shall not be less than 30.00 Mtrs. from ground level. 14) In case of coal fired boiler the PP shall explore the possibility of use of gas. 15) The particulate matter and gaseous emissions (SOx, NOx, CO, CO2,Cl2etc) from various processes/units/storages shall conform to the standards prescribed by the State Pollution Control Board /Central Pollution Control Board or under the Environment (Protection) Rules' 86 from time to time. 16) The Project Proponent shall provide online continuous monitoring system at all the major stacks and ensure connectivity of the same with CPCB & RSPCB server. 17) At no time, the emissions shall go beyond the prescribed standards. In the event of failure of any pollution control system adopted by the units, the unit shall immediately put off operation and shall not restart until the control measures are rectified to achieve the desired efficiency. 18) Ambient air quality monitoring stations shall be set up in the down wind direction as well as where maximum ground level concentration of PM10& PM2.5, SOx, NOx, CO, CO2, Cl2 and F (Total) are anticipated in consultation with Rajasthan State Pollution Control Board. 19) The project proponent shall carry out regular monitoring of air emissions (at source, work environment and ambient air) and assessment of performance of Air pollution control arrangements.
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 48
20) Portholes and sampling facilities shall be provided for the stacks emissions monitoring as per the CPCB guidelines. Stack emissions shall be monitored in consultation with RPCB. 21) The PP shall draw the Safety, Health & Environment (SHE) Plan and submit to RPCB. 22) Data on ambient air quality and stack emissions shall be submitted to RPCB, once in six months carried out by MOEF/NABL/CPCB/ Govt. approved lab. 23) The PP shall provide separate drainage and outlets with the precaution that the storm water shall not come into contact with waste sludge. 24) The unit shall obtain proper authorization from Rajasthan State Pollution Control Board, if it generates any waste which falls under the purview of HWMHR-2008. 25) Handling, manufacture, storage and transportation of hazardous chemicals shall be in accordance with the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (amended till date). 26) Adequate measures for the control of noise shall be taken so as to keep the noise levels below 85 dB (A) in the work environment. Persons working near the machines shall be provided with well-designed ear muffs/plugs and other personnel protective equipments. 27) Suitable alarm system and standard procedure for transmitting the information on the occurrence of an accident to the proper focal point shall be established. 28) Efforts shall be made to increase green belt all around the premises. Native plant species shall be selected for this purpose in consultation with the local Forest Department A green belt development plan be prepared and implemented so as to cover at least 33% area of the plot size. 29) The Company shall provide stacks of adequate height to the 2 D.G. Sets (2*1010 KVA) along with acoustic enclosures for noise control as per CPCB guidelines. The DG Sets shall comply with the norms notified under Environment (Protection) Act, 1986. 30) A qualified person in the field of environment or separate Environmental Management Cell to be established to implement and carry out various functions is set up under the control of a Senior Executive who will report directly to the head of the project. 31) The P.P. shall ensure taking necessary steps on urgent basis to improve the living conditions of the labour at site and provide health facility, sanitation facility, and fuel for cooking, along with safe drinking water, medical camps, and toilets for women, crèche for infants. As proposed the PP shall earmark and spend an amount of Rs. 5 lac as capital cost and Rs. 0.5 as annual recurring cost for labour welfare. 32) The PP will ensure that no employee or worker remains on duty within the plant premises for more than 8 hours per day in one stretch in normal conditions. However based on plant operation and maintenance tasks, overtime can be provided as per the Rajasthan Factories rules for personnel deployed for more than 8 hours. 33) The funds earmarked for the environmental protection measures shall be kept in separate account and shall not be diverted for other purposes and year wise expenditure shall be reported to the Rajasthan State Pollution Control Board under the rules prescribed for environmental audit. 34) Periodical medical checkup of the workers shall be done in six months and records maintained and effects of fluorine on human health need to be taken into special consideration. 35) The PP shall ensure that, the EC letter as well as the status of compliance of EC conditions and the monitoring data are placed on company’s website and displayed at the project site.
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 49
36) The SEIAA, Rajasthan reserve the right to add new conditions, modify/ annual any condition and/or to revoke the clearance if implementation of any of the aforesaid condition/other stipulations imposed by competent authorities is not satisfactory. Six monthly compliance status reports on project along with implementation of environmental measures shall be submitted to MoEF, Regional Office, Lucknow and RPCB and SEIAA,Raj. 37) The PP shall obtain prior clearance from forestry and wild life angle including clearance from standing committee of National Board of Wild Life, as applicable. It is further categorically stated that grant of EC does not necessary implies that forestry and wild Life clearance shall be granted to the project and that proposals for forestry and wild Life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any based on EC so granted, in anticipation of clearance form forestry and wild Life angle shall be entirely at the cost risk of the PP and MOEF shall not be responsible in this regard in any manner. General Conditions
1. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 2. No further expansion or modifications in the project shall be carried out without prior approval of the SEIAA/Ministry of Environment and Forests as the case may be. In case of deviations or alterations in the project proposal from those submitted to this Authority for clearance, a fresh reference shall be made to the Authority to assess the adequacy of conditions imposed and to add additional environmental protection measures required, if any. 3. The implementation of the project vis-à-vis environmental action plans shall be monitored by MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and this office. A six monthly compliance status report shall be submitted to monitoring agencies. 4. The EC is liable to be rejected, in case it is found that the PP has deliberately concealed and furnished false and misleading information or data which is material to screening or scoping or appraisal or decision on the application for EC. ` 5. The project authorities shall inform the MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and the date of financial closure and final approval of the project by the concerned authorities and the date of start of the project. 6. Officials from the Department of Environment, Government of Rajasthan, Jaipur/ Regional Office of MoEF, Lucknow, RSPCB who would be monitoring the implementation of Environmental safeguards should be given full cooperation, facilities and documents/data by the project proponents during their inspection. A complete set of all the documents submitted to SEIAA should be forwarded to the CCF, Regional Office of MoEF, Lucknow / SEIAA, Department of Environment, Government of Rajasthan, Jaipur / RSPCB. 7. The Authority reserves the right to add additional safeguard measures subsequently, if found necessary, and to take action including revoking of the environment clearance under the provision of the Environment (Protection) Act, 1986, to ensure effective implementation of the suggested safeguard measures in a time bound and satisfactory manner.
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8. The project proponent should advertise in at least two local Newspapers widely circulated in the region, one of which shall be in the vernacular language informing that the project has been accorded environmental Clearance and copies of clearance letters are available with the Rajasthan State Pollution Control Board and may also be seen on the website of the RSPCB. The advertisement should be made within 7 days from the day of issue of the clearance letter and a copy of the same should be forwarded to the Regional Office of MoEF at Lucknow/Department of Ecology and Environment, Government of Rajasthan, Jaipur. 9. These stipulations would be enforced among others under the provisions of water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991 and EIA Notification, 2006, along with their amendments and rules. 10. The PP shall obtain prior clearance form forestry and wild Life angle including clearance from standing committee of National Board of Wild Life(as applicable). It is further categorically stated that grant of EC does not necessary implies that Forestry and Wild Life clearance shall be granted to the project and that proposals for forestry and wild Life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any based on EC so granted, in anticipation of clearance form Forestry and Wild Life angle shall be entirely at the cost risk of the PP and MOEF/SEIAA shall not be responsible in this regard in any manner. 11. The SEIAA, Rajasthan may revoke or suspend the clearance, if implementation of any of the above conditions is not satisfactory. 12. Periodic monitoring of ambient air quality shall be carried out for PM10, PM2.5, SPM, SO2 and NOx monitoring. Location of the stations (minimum 6) shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring shall be decided in consultation with the Rajasthan State pollution Control Board (RPCB). Six monthly reports of the data so collected shall be regularly submitted to the RPCB/CPCB including the MoEF, Regional office, Lucknow. 13. Personnel working in dusty areas shall wear protective respiratory devices they shall also be provided with adequate training and information on safety and health aspects. 14. The ambient noise level should confirm to the standards prescribed under E (P) A Rules, 1986 viz 75 dB (A) during day time and 70 dB (A) during night time. 15. The environmental statement for each financial year ending 31st March in Form-V shall be submitted to the Rajasthan State Pollution Control Board/SEIAA as prescribed under the environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Lucknow Regional offices of MoEF/SEIAA by e-mail as well as hard copy dually signed by competent person of company.
Agenda no.33.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15549)/ 2018-19
Project Name: - Masonary stone Mining of M/S Shri Samun Khan located at Tehsil-Nagar, District-Bharatpur,RajasthanM/S shri Samun Khan ,has submitted online proposal prescribing ToR in respect of above mentioned project. the online proposal No IA/RJ/MIN/31977/2015. (M.l.no-49/2001,Area-71.2391ha), Khasra No- Village-Nangal,Buarpur gadhi and Begpahari- 204,611/624
Proponent Name- Shri samun Khan S/O-Shri Bannu Khan, Add-Village-Nangal,Buarpurgadhi and Begpahari,Tehsil-Nagar,District-Bharatpur (Raj). [email protected]
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 51
Consultant Name: - Enkay Enviro Services Pvt. Ltd. jaipur Add:- # 92 Heera Nagar- A, Near Shalimar Bagh, Ajmer Road, Jaipur(Raj) Email:- [email protected] ,
Brief details of the Project:- 1. The matter was considered in the 4.4th meeting of SEAC held on 28th – 30th Nov. 2018 during which the SEAC perused the application of the PP dated nil received from SEIAA bearing SEIAA file no. 11178 received in SEAC on 31.10.2018. The applicant Encasa Mines and Minerals Pvt. Ltd. had requested for change of name from the present lessee Samun Khan for the existing “ Masonary Stone Mine” (ML No. 49/2001 now known as 138/90 valid upto 31.03.2025) situated at Village(s) Nangal, Buapur Garhi and Begpahari Tehsil – Nagar, District- Bharatpur, for an area of 71.2391 ha. in the name Encasa Mines and Minerals Pvt. Ltd. 2. The EC had been issued by the MoEF& CC, New Delhi vide letter no. J- 11015/396/2015-IA.II (M) dated 25.10.2016 in favour of Samun Khan. 3. The PP had further requested in its application that Mining Lease has been transferred in favour of Encasa Mines and Minerals Pvt. Ltd.vide Govt. Office Order of ADM, Kota, Zone Kota vide letter No. ADM/Kota-Zone/CC-II/F-19 (2018)/1998 dated 30.5.2018 and transfer agreement was executed on 4.6.2018 and duly registered on 5.6.2018 for an area of 71.2391 Ha. 4. The representative of the PP , Sh. Prabhu Lal Soni appeared before the committee and requested to expedite the matter. He also produced a copy of the e mail dated 27thNovember , 2018 during the 4.4th meeting, of the Scientist ‘E’ /Addl. Director, MoEF&CC regarding transfer of file to the MS, SEIAA,Raj. 5. The SEAC went through the content of the file and the letter of the MoEF, dated 27.11.2018 and resolved to take further action on receiving the original file that had been transferred by the MoEF & CC to the SEIAA wherein the MoEF & CC at Point No. 4 has requested SEIAA to examine the matter for violation of Common Cause order dated 2.8.2017 and S.O. 141(E) dated 14.3.2017 by the previous lease and take necessary action as applicable. At Point no. 2 of this letter the Ministry has mentioned that the PP has been asked vide letter dated 22.11.2018 to apply to SEIAA Raj. with requisite documents. The content of that is not known as that letter is not enclosed with it. Sh. Prabhu Lal Soni was informed by the SEAC that his matter would be taken up by the Committee upon receipt of the file from the MoEF & CC. 6. The SEAC resolved to take up the matter on receipt of the MOEF file from the SEIAA along with copy of letter dated 22.11.2018 referred above. 7. The matter was considered by the SEAC in its 4.7th meeting of SEAC held on 28th – 31st January, 2019 on receiving the file of MoEF & CC received from SEIAA. 8. The committee went through the record and resolved to seek the information regarding the following as contemplated by the MoEF vide letter dated 22.11.2018 addressed to the PP: a. District Survey Report b. Information regarding any litigation, if any, pending before court of Law pertaining to mining activity and its present status with supporting documents. c. Statement as to whether the present case is a case of violation in terms of the Judgement dated 2.8.2017 of the Hon’ble Supreme Court in the matter of Writ Petition (Civil) no. 114 / 2014, Common Cause V/s UOI and Ors. d. Under taking by way of affidavit as per compliance of OM dated 30.5.2018 of the MoEF. Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 52
e. Point wise compliance of EC conditions issued by the MoEF & CC duly certified by MoEF /SEIAA/RSPCB. f. Details of annual production figures since 1993-1994 duly authenticated by the mining department in specified format with supporting documents. g. Demand raised by the department of mines and geology, GOR in pursuance to the Hon’ble Supreme Court Judgement dated 2.8.2017 in Writ Petition (Civil) no 114 / 2014 in the matter of Common Cause V/s UOI and ors., if any. 9. The SEAC resolved to accord 45 days’ time to the PP to submit the above information from the issue of the letter.
10. The PP appeared personally in the office of the SEAC in the first week of February, and a copy of the letter dated 22.11.2018 of MoEF was made available to him so that he could provide required information to the SEAC. 11. The PP has submitted a letter personally on 13.2.2019. 12. Matter put up before the committee in 4.8th meeting of SEAC dated 25th&26th Febuary,2019. 13. The PP personally appeared before the SEAC and submitted a letter dated nil enclosing production details from the year 2015-16 to 2017-18, copy of letter dated 29.2.2016 of ME, Bharatpur, and letter dated 27.11.2018 of the MoEF & CC. The committee went through the record and letters submitted by the PP and observed that the information submitted by him is still not as per MoEF Letter dated 22.11.2018. The SEAC resolved to ask the PP to furnish following information complete in all respects at the earliest:
a. Final District Survey Report, since the district survey report submitted by PP is a draft report. b. Point wise compliance of EC conditions issued by the MoEF & CC duly certified by MoEF /SEIAA/RSPCB. c. Details of annual production figures since 1993-1994 duly authenticated by the mining department in specified format with supporting documents since the production figures submitted are only for the years 2015-16 to 2017-18. d. Demand raised by the department of mines and geology, GOR in pursuance to the Hon’ble Supreme Court Judgement dated 2.8.2017 in Writ Petition (Civil) no 114 / 2014 in the matter of Common Cause V/s UOI and ors., if any. Submit details thereof.
14. The Committee further resolved to issue letter to the PP to the above affect, without waiting for the issue of the minutes of the meeting. 15. Accordingly a query letter no. 8834 dated 07.03.19 was issued to the PP. 16. The pp has replied vide its letter dated 22.03.19. Observation of the committee-
The SEAC considered the project and perused the reply dated 23.03.19 submitted by the PP in response to SEAC letter dated 07.03.19. The PP has submitted the certified copy of compliance report of EC conditions, details of authenticated production figure and no dues certificate by the Mining Department. The PP has however, not submitted approved DSR (Distrct Survey Report).
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What has been submitted by the PP is the proposed District Survey Report for district Bharatpur. According to the EIA Notification 2006, District Survey Report is a crucial document and forms the basis of appraisal of projects. The MOEF vide letter dated 22.11.22018 and 27.11.2018, has also required the PP to submit District Survey Report to SEIA/SEAC Rajasthan.
Resolution:-
The SEAC resolved to ask the PP to submit approved District Survey Report within a period of 45 days from receipt of communication.
Agenda no.34.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (173)/ 2018-19
Project Name :- EC for Expansion of Chandpura china Clay from 75,000 TPA to 1,50,180 TPA and Proposed Production of Soap Stone 70,040 TPA & silica Snd 2,01,060 TPA, Total Production Capacity 4,21,280 TPA ,M.L. No.15/97 (M.L.Area-32.37 ha.) located at village: Chandpura, Tehsil-Jahajpur, District-Bhilwara, Rajasthan, By m/s. Ojha & Company. (Praposal No - 29715))
Proponent Name- M/s. Ojha & Company, Add-G-A-10, Satyam Complex, Bhilwara,raj.Email- [email protected]
Consultant Name – Govind Singh, RQP,Add-Khachariyawas House, D-88, Meera Marg, Banipark, Jipur, [email protected]
Brief details of the Project:- 1. The project was considered for presentation in 4.7th meeting of SEAC dated 28th , 29th ,30th and 31st January ,2019 2. The PP has carried out mining, without prior EC. This amounts to violation of the EIA notification as also of Section 21(5) of the MMDR Act and of Environment Protection Act. and the PP is liable for action under the EP Act read with EIA notification dated 14.3.2017 and 8.3.2018. 3. The PP stated that they have applied for new mining plan with increased capacity and will submit the same after approval and that on submission of the same, the PP may be called for presentation in the following meeting. 4. The SEAC considered the request letter dated 31.1.2019 of the PP and resolved to ask the PP to make a fresh application as per the provisions of the EIA notifications as amended for EC for new approved mining plan for enhanced capacity at SEIAA. 5. Accordingly a query letter no. 8838 dated 07.03.19 was issued to the PP. 6. The pp has replied vide its letter dated 08.03.19. Observation of the committee:-
The SEAC considered the project and the PP’s reply dated 08.03.19 received through SEIAA. The PP has submitted approved modified mining plan including mine closure plan approved by SME, Bhilwara.
Keeping in view the examination of the documents made available and the presentation made by the PP during 4.7thmeeting of SEAC held on 28th – 31st January, 2018 the SEAC prescribed the following ToRs with Public Hearing for carrying out a detailed EIA as per the EIA notification
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 54
2006. Project Name :- EC for Expansion of Chandpura china Clay from 75,000 TPA to 1,50,180 TPA and Proposed Production of Soap Stone 70,040 TPA & silica Snd 2,01,060 TPA, Total Production Capacity 4,21,280 TPA ,M.L. No.15/97 (M.L.Area-32.37 ha.) located at village: Chandpura, Tehsil-Jahajpur, District-Bhilwara, Rajasthan, By m/s. Ojha & Company. (Praposal No - 29715)) Project Proponent Name- m/s. Ojha & Company, Add-G-A-10, Satyam Complex, Bhilwara,[email protected]. Consultant Name – Govind Singh, RQP,Add-Khachariyawas House, D-88, Meera Marg, Banipark, Jipur, Email- [email protected].
General TOR:
1. The validity period of this ToRs letter would be for a period of three years from the date of dispatch of the ToRs letter.
2. The study area will comprise 10 km zone around the mine lease from lease periphery and the data contained in the EIA with respect to mining operations such as conceptual pit limits, waste generation etc. should be for the life of the mine/lease period.
3. Location of other industries & mines within the study area along with their production and pollutants generated by them, estimated pollution load and cumulative impact on environment including the proposed project should be submitted. The same shall be accounted for while generating mathematical models of pollution dispersion for preparation of the EMP.
4. Year-wise production (since inception of the mines) details clearly indicating the proposed highest production for the life of the mine/lease period should be submitted.
5. Details of land to be used as the designated dumping site for OB dump should be selected and proposed within the lease area as per the approved mining plan. In no case the overburden should be dumped outside the lease area, however proposal for utilization of OB for construction or other meaningful use to the extent possible may be submitted and should try to work on zero waste patterns. Details regarding quantity of solid waste generation to be estimated and details for its disposal and dump management are to be provided.
6. Land use plan of the mine lease area should be prepared to encompass pre-operational, operational and post operational phases.
7. The P.P. should provide a mining plan along-with progressive mine closer plan and implementation plan at the time of submission of application for the EC.
8. Based on the study and the points raised by the people during public hearing, the P.P. shall work out an effective plan to address the environmental, socio-economic and other issues identified during the process, with suitable funds allocation for the purpose. Further PP shall implement all commitments made during public hearing, while implementing the project.
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9. Certificate regarding mine lease area not falling in the Aravalli Hills issued by the Mining Engineer/ Assistant Mining Engineer in the prescribed format, as per the instructions contained in the letter no. DMG/ADM/Env/EC/F11/06/17-76 dt. 17.01.2011 issued by the Director, Department of Mines and Geology, GoR, Udaipur, should be submitted.
10. List/details within 10 km radius of the mine lease area, the location of human settlement, water bodies, Reserve Forest, National Parks, Sanctuaries, Biosphere Reserves, Wildlife Corridors, Tiger/Elephant reserves (existing / proposed), shall be clearly indicated giving the land use. Necessary clearance, if any, as may be applicable to such projects due to proximity of the ecologically sensitive areas as mentioned above shall be obtained from the Chief Wildlife Warden under the Wildlife (Protection) Act’ 1972 and submitted. This location map should also indicate the list and location of other mine leases existing, if any, within 10 km radius.
11. The ToR is subject to the specific condition that the PP shall obtain prior clearance from forestry and wild life angle including clearance from Standing Committee of the National Board Wild Life as applicable. It is further categorically stated that grant of EC does not necessary implies that forestry and wild life clearance shall be granted to the project and that their proposals for forestry and wild life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any, based on environment clearance so granted, in anticipation of the clearance from forestry and wildlife angle shall be entirely at the cost and risk of the project proponent and Ministry of Environment & Forests shall not be responsible in this regard in any manner.
12. 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. The details regarding flora to include information regarding (a) trees, shrubs, grasses, (b) frequency, density, I V I, abundance % of species occurring on proposed site, (c) dominant species of trees, shrubs , grasses (d) endemic species, (e) threatened species, (f) rare species, (g) endangered species and (h) vulnerable species. The details of fauna to include information regarding list and distribution 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.
13. Collection of one season (non-monsoon) primary baseline data on ambient air quality, water quality, noise level, soil and flora and fauna, ambient air quality should be determined by
measuring the concentration of parameters like P.M.2.5, P.M.10, SO2, NOx according to the latest standards prescribed by CPCB. Site-specific meteorological data should also be collected. The location of the monitoring stations (minimum 6) should be justified. Date wise collected baseline AAQ data should form part of EIA and EMP report. The monitoring shall be carried out by CPCB/NABL/ MOEF&CC/GoR approved laboratory and copy of the
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 56
report to be submitted. The monitoring if any prior to submission of project to SEIAA for ToR will not be considered.
14. 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 should be indicated on map. Wind Rose Diagram should be representative and include stability class and inversion phenomenon of that area along with the lapse rate.
15. A surface and ground water study should be carryout, both pre-monsoon and post monsoon monitoring. Information about proposed working depth of mining area, groundwater table both in above MSL and below ground level (BGL) should be provided. Based on actual monitored data, it may clearly be shown whether mine working will intersect groundwater table or not. In case the mining activity intersects the ground water table then necessary permission from CGWA should be obtained. Impact of the project on the water quality both surface and groundwater should also be assessed and necessary safeguard measures, if any required should be provided. Further, submit water drainage plan of the 10 km study area.
16. The P.P. should ensure compliance of the order of the Hon’ble Rajasthan High Court, Jodhpur, in D. B. Civil writ petition no. 1536 of 2003 in the matter of Abdul Rahman vs State of Rajasthan and others and submit a brief note regarding compliance of the court order.
17. The water requirement for the project, its availability and source to be furnished. A detailed water balance should also be provided. Fresh water requirement (if any) for the project should also be indicated. Necessary clearance from the Competent Authority for drawl of requisite quantity of water for the project should be provided. Details of water conservation measures including rainwater harvesting should be provided and to be adopted in the project.
18. Consumption of diesel and its storage should be provided along with an action plan for its efficient consumption.
19. The Conceptual post mine land use plan and Reclamation & Rehabilitation (R&R) plan of mined out area (with plans and sections at appropriate scale as per MCDR 1988) should be submitted.
20. Impact on local transport and infrastructure due to the project: Projected increase in hauling vehicles 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. Arrangement for improving the infrastructure to avoid any congestion especially at junctions and mishaps throughout the route of transportation of mineral should be ensured and action to be taken by other agencies such as State Government, if any, should be covered.
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21. The green belt area should be developed in 33% of total lease area, provide time taken for of progressive greenbelt development, plantation and compensatory afforestation clearly indicating the 33% area to be covered under plantation giving detail of local species, width of plantation, plantation schedule etc. along with year wise financial expenditure. The proposal for completion should be within a period of 3 years from the start of mining operation. Information regarding greenbelt development plan shall also be prepared in a tabular form, indicating the location of the area, type of tree and its number supported by a map. In case plantation not possible in the mining lease area than proposal for plantation on alternate land of area measuring 33% of the lease area should be ensured after due procreation/ identification of such land with due consent of the land owner. Further, existing mining projects should carryout plantation in 33% of lease area and thereafter come for the EC.
22. Budgetary provision for the labours (registered/unregistered/others) working in the mine should be submitted for all necessary infrastructure facilities such as health facility, sanitation facility, and fuel for cooking, along with provision for safe drinking water, monthly medical camps and distribution of medicines, primary education and toilets for women, crèche for infants.
23. Details regarding occupational health impact of the project should be provided. Health study in the surrounding area be carried out covering information regarding prevailing diseases, mortality rate etc. Health and Safety Plan should be prepared and submitted.
24. The P.P. will carry out proper Socio-economic survey of the villages situated in the study area. The details of survey are given informat ‘J’. Based upon its findings and also as per public hearing issues and keeping in view the felt needs of local population, the P.P. will provide adequate budget for carrying out CER activities including provision for toilets for girls in nearby schools, monthly medical camps, and improvement in educational facilities in the nearby schools. Further, existing mining projects should carryout CER for a period of at least one year and thereafter come for the EC.
25. Measures for socio economic influence on the local community due to proposed project to be provided by project proponent. As far as possible, appropriate quantitative dimension to be given. Analysis of job requirements vis-à-vis employability of local population need to be provided.
26. Detailed environmental management plan (EMP) to mitigate the environmental impacts inter- alia including the impact due to change of land use, due to loss of agricultural land and grazing land, if any, should also be submitted besides other impacts of the project. The budgetary provision (both capital and recurring) for implementing the proposed EMP should be clearly spelt out.
27. The points raised during Public hearing and commitment of the project proponent on the same along with time bound action plan to implement the commitments and the necessary allocation of funds for the same should be provided.
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28. Any litigation pending against the project and /or any direction /order passed by any Court of Law against the project, if so, details thereof should be submitted.
29. That the Project Proponent shall clearly spell our details of the explosives and blasting to be used, if any, for carrying on mining activity along with the impact of blasting on the environment and safety major to be proposed.
30. Provide details about transfer/allotment of mining lease, extension of lease period etc. along with authenticated copies of orders for lease allotment / transfer / extension of validity period.
31. A balance sheet certified by Authorized Financial Expert to clearly indicate the provision made / amount spent for EMP/ERP/CER/ Safety/Labour welfare/ Legal Obligations etc to be enclosed.
32. PP should clearly mention in the documents whether there is any violation of provisions of EIA Notification and inform at the start of presentation (to be a part of computer presentation also) as per MoEF Notification dated 8.3.2018.
33. The PP shall submit final and authenticated copy of the DSR (District Survey Report) as contemplated under Appendix-X of the EIA Notification 2006.
34. The Environmental Clearance will not be operational till such time the project proponent complies with all the statutory requirements and judgment of Hon’ble Supreme Court dated the 2nd August 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union of India and Ors. 35. State Government concerned shall ensure that mining operation shall not commence till the entire compensation levied, if any, for illegal mining is paid by the Project Proponent through their respective Department of Mining & Geology in strict compliance of judgment of Hon’ble Supreme Court dated 2nd August 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union of India and Ors. 36. Used filter papers (Air monitoring) along with photographs of the site showing Air / Water sampling / monitoring activity / equipment used at each station should be submitted. Original copies of analysis report of all the relevant data referred in the documents should be enclosed. 37. After preparing the draft EIA (as per the generic structure prescribed in Appendix-III of the EIA Notification, 2006 and as amended from time to time ) covering the above mentioned issues, the proponent shall get the public hearing conducted (strictly following the procedure laid down in the Appendix IV of the Amendment Notification dt. 01.12.2009 and MoEF circular no. J-15012/29/2010/IA.II(M) dt. 19.04.2010, as per amendment, if any). In this regard due care would be taken in (i) deciding the venue of public hearing (at the project site or in its close proximity, to ensure widest possible public participation), (ii) forwarding the Draft EIA Reports with Executive Summary Reports and notice for hearing to various authorities / offices, specifically to Urban Local Bodies/ Panchayati Raj. Institutions (i.e Zila Parishad, Panchayat Samiti & Gram Panchayat)/ Development Authorities (i.e. U.I.T., J.D.A. etc.), (iii) adequate publicity regarding date, place and time of public hearing among local
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public, (iv) recording requisite “certificate” at the end of public hearing proceedings / report and (v) displaying the report in the office of Gram Panchayat, Zila Parishad, Collectorate etc.(vi) videography of the complete proceedings of the public hearing to be carried out. After completing the public hearing process as described above, the proponent shall take further necessary action for obtaining environmental clearance in accordance with the procedure prescribed under the EIA Notification, 2006 and subsequent amendments.
38. The information regarding the work order/agreement issued by the P.P. to the consultant (Accredited from QCI/ NABET for proposed project Sector) should be submitted along with, (a) Dispatch No. of the work order/agreement, (b) Date of issue of work order (c) Date of start of air/water/other monitoring work (as applicable) and (d) Postal address/ Email Address/ Fax Number/ Mobile Number and Landline Number of the P.P.
Points to be included in TOR as per MoEF&CC circular no. J-11013/41/2006-IA.II(I)-Pt. dt. 19.05.2011 regarding Corporate Environmental Responsibility.
1. 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. 2. Does the Environment Policy prescribed 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 report. 3. 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. 4. 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.
Specific ToRs applicable in the cases of violation in terms of the Notification dated 14.3.2017 and 8.3.2018 and OMs dated 30.5.2018, 4.7.2018 of the MoEF&CC :
1. The PP shall undertake assessment of ecological damage, remediation plan and natural and community resource augmentation plan. Such plan shall be prepared as an independent chapter in the Environment Impact Assessment report. The report shall be prepared by the accredited consultant. Collection and analyses of data for assessment of ecological damage, preparation of remediation plan and natural and community resource augmentation plan shall be done by an environmental laboratory duly notified under the Environment (Protection) Act, 1986 or an environmental Laboratory, accredited by the National Accreditation Board for Testing and Calibration Laboratories or a Laboratory of the Council of Scientific and Industrial Research Institution working in the field of environment. 2. The Environment Management Plan shall comprise remediation plan and natural and community resource augmentation plan corresponding to ecological damage assessed and economic benefit derived due to the violation.
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3. The PP shall undertake Final Environment Impact Assessment and prepare Final Environment Management Plan after conducting Public Hearing. 4. The PP shall be required to submit a bank guarantee equivalent to the amount of remediation plan and natural and community resource augmentation plan with the State Pollution Control Board and the PP shall deposit the bank guarantee prior to the grant of Environmental Clearance and which shall be released after successful implementation of the remediation plan and natural and community resource augmentation plan and after recommendation by Regional Office of the Ministry, State Level Expert Appraisal Committee and approval of SEIAA. 5. The project proponent shall give an undertaking by way of affidavit to comply with all the statutory requirements and judgment of Hon’ble Supreme Court dated the 2ndAugust 2017 in Writ Petition (Civil) No. 114 of 2014 in the matter of Common Cause versus Union of India and Ors. before grant of ToR/ EC the undertaking inter-alia include commitment of the PP not to repeat any such violation in future. 6. In case of violation of above undertaking, the Environmental Clearance shall be liable to be terminated forthwith as per OM dated 30.5.2018 of the MoEF&CC.
In the final EIA /EMP report , compliance of points of ToRs should be reported point wise in a statement of three columns as indicated below:-
S. No Items in the letter of the ToRs Reply / Response by the PP
Agenda no. 35.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15554)/ 2018-19
Project Name -Environment Clearance of Residentail Project " Ashiana Daksh" at Village Shri Kishanpura, Tehsil- Sanganer, District- jaipur , Rajasthan.
Proponent Name: - S.K.Palit, VP Operation E-mail:- [email protected] Applicant:- Ashiana Housing Limited Add:- 304, Southern Park, Saket District - Centre, State - New Delhi,
Consultant Name: - Greencindia Consulting Private Limited.
Information as per Form-1and other documents submitted by Project Proponent.
1. Category / Item no. Cat.8(a)B2 (in Schedule): 2. Location of Project Khasra No’419 to 437(Total khasra 19), Village Shri Kishanpura, Patwar: Vidhani, Tehsil: Sanganer, District - Jaipur, Rajasthan. 3. Project Details S.N. Particulars Details 1. Total plot area 27013.76 m2 (6.67 acre) 2. Gross Built up Area - 3. Built up area 61689.66 m2 4. Permissible B.A.R 60780.96m2
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5. Utilized B.A.R 54828.12m2 6. Permissible Ground 9454.81m2 Coverage 7. Utilized Ground 9236.8m2 Coverage 8. Permissible height - 9. Achieved height 38.85 meter 10. Proposed Green Area 7191.43 m2 11. Total No. of Flat (1 Total 616 Units, (77 EWS Units) BHK, 2 BHK etc.) 12. Other facilities like Swimming Pool & Club House swimming pool, club etc. (See page no. 50 of EC application, where above details available in submitted document ) 4. Details of construction Date of affidavit of PP and Consultant regarding area of construction carried out and taken place at site total built up area. (See page no. 116-117 of EC application, where above details available in submitted document ) 5. Parking Total Parking required = 558 ECU Provision for Parking of -761- E.C.U. has been made as follows: Parking In Cars Scooters Cycle E.C.U. Open Ground 331 34 - 342 Stilt Floor 142 230 36 225 Podium parking 157 - - 157 EWS/LIG Parking - 110 - 37 Total E.C.U. 630 374 36 761 (See page no. 56 of EC application, where above details available in submitted document ) 6. Project Cost: 119.81 Crore (See Cover page of submitted document ) 7. Water Requirement per During construction phase: -It has been estimated that a total of 10 KLD of water will day be required for construction labors (@50 lpcd for 200 labors) and source of water & Source supply will be private water tanker. And post construction: -The total water during operation phase is 571 KLD which includes 337 KLD of fresh water and 234 KLD treated water. The water for the project will be sourced from Public health engineering department.
Construction Phase: 8.75 KLD of wastewater will be generated during construction phase from the domestic activities which will be treated in soak pits followed by septic tanks.Operation Phase: The total wastewater generation from flushing and domestic activities during operation phase is 412 KLD. Total capacity of STP has been estimated to be 450 KLD.
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Quantity of recycled water: -The total recycled water from the STP will be approximately 380 KLD. 234 KLD of recycled water will be used for flushing, landscaping and miscellaneous purpose. And remaining 149 KLd would be discharged in nearby agriculture field for irrigation purposes.
(See page no. 19 of EC application, where above details available in submitted document) 8. Fuel &Energy:- Construction Phase: The total power required during construction phase is 50KVA. Operation phase: During Operation phase the estimated electrical load is 3597 kVA. The supply will be provided by JNNVL. Power back-up will be provided by the 2 nos. of DG sets of capacity 380 kVA.
(See page no. 21 of EC application, where above details available in submitted document ) 9. Application No. & Date The said project falls under activity 8(a) Building & Construction Projects and the & documents submitted :- application for Environmental Clearance was submitted in MoEF&CC in absence of duly constituted SEIAA/SEAC Rajasthan, via Proposal No. IA/RJ/NCP/75968/2018, dated 27th July 2018 as per EIA Notification Sept.14, 2006.
After the SEIAA/SEAC Rajasthan reconstituted, The MoEF&CC transferred the same to the SEIAA/SEAC Rajasthan via proposal No. SIA/RJ/NCP/29185/2018, dated 24th Sept. 2018
(See the Cover Letter of EC application, where above details available in submitted document ) 10 Environment As per annx. 4 Of PPs letter dated 20.03.19— Management Plan with Capital Cost-Rs.18,624,802 budgetary provision. Recurring Cost—1,010,200 (See page no. 62-68of EC application, where above details available in submitted document ) 11 CSR Activities As per annx. 5 of PPs letter dated 20.03.19— Rs. 7,806,675 spent over 3 years
12 STP The sewage Treatment Plant (STP) of 450 KLD based on FAB Technology is proposed is to be constructed within the proposed project. The treated wastewater will be used for flushing, landscaping and miscellaneous purposes. There will not be any incremental pollution load on nearby surface water bodies due to proposed project.
(See page no. 52-55 of EC application, where above details available in submitted document ) 13 Green Belt/ Plantation An area of 7191.43 m2 has been identified for greenbelt development. Total area for area and % of total area in greenbelt development is 26.62 %of Net Plot area.The green area should be properly sq. mts. maintained and dead plants should be regularly replaced.
(See page no. 59 of EC application, where above details available in submitted document )
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14 Budgetary Breakup for As per annx. 5 Of PPs letter dated 20.03.19— Labour Rs.15 lakhs 15 Present status Proposed project is waiting to get Environment Clearance.
Brief details of the Project:- 1. The project was considered for presentation in 4.5th meeting of SEAC dated 26- 28.12.2018. 2. Keeping in view the presentation made by the PP and its Consultants and discussion held during the meeting, the SEAC resolved to seek following information from the PP giving 45 days of time for submission from the date of issue of query letter: a. It was informed by the PP during meeting that water supply would be from PHED only. The water would be stored in 15,000 to 20, 000 lts capacity overhead head tanks one each in a tower . There are 7 towers. Additionally, one underground tank of capacity 1 lac liter will be provided. Additional tank of capacity 75,000 lts and one overhead tank of 5,000 lts would be provided for firefighting. Locations of these tanks should be specified on a map. b. Proposal of Compost pit to be provided and location to be given on map. c. Why CO is reported to be higher in the Analysis report? d. Noise baseline data does not appear to be real. Please give reason. e. EMP cost to be revised for solid waste management, acoustic enclosures for DG sets. f. CER to be revised as per need based for three years. g. Affidavits of PP and consultants not submitted in original. h. Revised budgetary provision for labours to be submitted as per meeting notice. i. Provide point wise reply of the meeting notice. j. Parameter like Coliform has not mentioned in the treated water quality as it is proposed to use for dual plumbing. 3. Accordingly a query letter no. 8749 dated 06.03.19 was issued to the PP. 4. The pp has replied vide its letter dated 20.03.19.
Observation of the committee:
The SEAC considered the project and perused the point wise reply submitted by the PP on 27.03.19. The SEAC observed that the proposal submitted by PP with respect to CER activities are not as per the OM dated 01.05.2018 of MoEF & CC. Since the cost of the project is Rs 120 crores , the PP is required to spend Rs 1.8 crores on CER activities whereas the PP has submitted proposal for Rs 1.08 crores only.
Resolution:
Keeping in view the information contained in the documents submitted, the presentation made by the P.P. before the SEAC, Rajasthan in its 4.5th meeting held on 26-27th Dec.2018, after detailed deliberations and clarifications, the members were satisfied with the proposals , documents and Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 64 reply of the queries and resolved to recommend to SEIAA for the grant of E.C for Residentail Project " Ashiana Daksh" at Khasra No’419 to 437(Total khasra 19), Village hri Kishanpura, Tehsil- Sanganer, District- jaipur , Rajasthan.Proponent Name :- S.K.Palit, VP Operation E-mail:- [email protected] Applicant:- Ashiana Housing Limited Add:- 304, Southern Park, Saket District - Centre, State - New Delhi, Name of the Consultant :- Greencindia Consulting Private Limited, subject to the following conditions and environmental safeguards as finalized by the Committee during the meeting: PART A: SPECIFIC CONDITIONS—
CONSTRUCTION PHASE
1. Consent to Establish” shall be obtained from RPCB before start of any construction work related to proposed project at the site. 2. The PP shall obtain a “No objection certificate” for height clearance for the envisaged level from the Airports Authority of India. 3. No Mobile tower shall be installed. 4. Solar panels for common services areas shall be provided. 5. Provision for compost pit for dry leaves shall be provided. 6. Provision for drinking water supply for the residents from a legal source shall be made. 7. As envisaged, the P.P. shall invest the an amount of Rs. 18,624,802 as capital cost and Rs. 1,010,200 as annual recurring cost for implementing various environmental protection measure. 8. An amount of Rs. 1.8 Crores is required to be spent over a period of 3 years on CER activities (as decided by the committee). The expenditure on these activities shall be reflected in the books of account when presented for auditing of accounts. The proposal should contain provision for toilets for girls in nearby schools. The proposal should contain provision for monthly medical camps, distribution of medicines and improvement in educational facilities in the nearby schools. The detailed action plan of CSR activities shall be submitted by the PP to RSPCB at the time of applying for Consent to Establish/Consent to Operate. During construction phase and post construction / operation phase, the project proponent shall be responsible for implementation of EIA/EMP. Commitment of proponent in this regard shall be submitted to RPCB at the time of applying for CTE/CTO.
9. Green belt/Landscaping should be developed in 7191.43 m2. (26.62 %) of total plot Area, as proposed.
10. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance lies with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010.
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11. For conservation of electricity and to reduce energy losses the management shall ensure that the electrical voltage is stepped down from 33 KV to 11 KV and distributed at this level and finally brought to 440 volts or as per prescribed norms.
12. The PP shall obtain approval of drawings of laying electrical lines from the concerned SE of RRVPNL/ JVVNL and comply with the provisions as per Terms and Conditions for Supply of Electricity-2004 of JVVNL.
13. The PP shall fulfill the requirements of energy regulatory commission.
14. All energy saving measures proposed by the PP should be implemented before the project is put into use.
15. A preventive action plan ( as part of conceptual plan) for earthquake resistance buildings as per NBC code specifically for zone 3,4, 5 should be submitted along with the Form 1 , Form 1A and conceptual plan to RSPCB at the time of applying for CTE /CTO.
16. Road width and bend should be adequate for easy movement of fire fighting vehicles.
17. Proposals for provisions regarding accessibility to the various floors of the project and other related parts for Divyang people should be provided. 18. Details of all the points mentioned at point no. 9 under energy conservation of Form IA would be explicitly taken care of.
19. The P.P. shall ensure taking necessary steps on urgent basis to improve the living conditions of the labour at site. An amount of Rs.15.0 Lacs shall be spent as Budgetary provision for the housing of construction labour within the site with all necessary infrastructure and facilities such as health, sanitation, fuel/LPG for cooking, safe drinking water, medical camps, toilets for women and crèche for infants etc. Such housing may be in the form of temporary structures to be removed after the completion of the project. Details of provisions should be submitted to RPCB at the time of obtaining CTE.
20. The PP will comply with the provisions as per the Building and Other Construction Workers (Regulation of Employment & Condition of Service) Act 1996. 21. The STP should be so designed so that it can cater the minimal flow due to lesser occupancy in the project so as to bring the waste water quality as per the prescribed standards. 22. The drains should be of adequate capacity and be lined till the final disposal points.
23. The entire waste water should be treated through a STP of capacity 450 KLD of FAB technology. The construction of the STP should be carried out simultaneously with that of the project and the STP should be functional before the project is put into use. The STP should have a separate hour meter and energy meter.
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24. The PP shall comply with Construction & Demolition Waste Management Rules, 2016 as applicable.
25. All required sanitary and hygienic measures shall be put in place before starting construction activities. The safe disposal of waste water and solid waste generated during the Construction phase shall be ensured.
26. All the laborers engaged for construction shall be screened for health and adequately treated before engaging them to work at the site.
27. All the topsoil excavated during the construction shall be stored for use in horticulture/landscape development within the project site.
28. Disposal of muck during construction phase should only be at approved sites with the approval of competent authority. It should not create any adverse effect on the neighboring communities and be disposed by taking necessary precautions for general safety and health aspects of the people.
29. Soil and ground water samples will be tested to ascertain that there is no threat to the ground water quality by leaching of heavy metals and other toxic contaminants.
30. Construction spoils, including bituminous material and other hazardous materials must not be allowed to contaminate water courses and the dump sites for such material must be secured so that they do not leach into the ground water.
31. The diesel generator sets to be used during and post construction phase shall be of low- sulphur-diesel type and shall conform to Environment (Protection) Rules for air and noise emission standards.
32. Vehicles hired for bringing construction material and laborers to the site shall be in good conditions and shall conform to applicable air and noise emission standards and shall be operated during non-peak/approved hours.
33. Ambient noise levels shall conform to residential standards both during day and night. Incremental pollution loads on the ambient air and noise quality shall be closely monitored during construction phase.
34. Fly ash shall be used as building material in the construction as per the provisions of Fly Ash notification of September, 1999 and as amended till date.
35. NOC shall be obtained from National State Disaster Management Authority wherever applicable. 36. Provision for proposed storm water harvesting and its re-use as per CGWA and BIS standards for various applications should be implemented before the project is put into use.
37. Guidelines issued by concerned Ministry for water scarce areas be followed.
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38. Water demand during construction shall be reduced by the use of pre-mixed concrete, curing agents and other best practices. Effort should be made to use treated waste water from nearby areas In place of fresh water.
39. Total domestic water requirement during construction phase shall be 10 KLD and during operational phase shall be 571 KLD (337 KLD Fresh + 234 KLD treated), as proposed. The necessary permission of water supply should be submitted to RSPCB at the time of applying for CTE/CTO. At the time of applying for CTE the PP should get it confirmed from RSPCB that no illegal bore well exists in the proposed site.
40. Building Plan should be got approved from the competent Authority and the construction should be as per the approved building plan and as per applicable provisions in NBC.
41. The P.P. should ensure compliance of the order of the Hon’ble Rajasthan High Court, Jodhpur in D. B. Civil writ petition no. 1536 of 2003 in the matter of Abdul Rahman vs. State of Rajasthan and others. The PP shall not allow making of any obstacle in the way of any natural water course/natural nallaha/stream carrying rain water to any water body. Adequate measures shall be taken to reduce air and noise pollution during construction as per CPCB norms.
42. Fixtures for showers, toilet flushing and drinking shall be of low flow either by use of aerators of pressure reducing devices or sensor based control.
43. Use of glass may be reduced by up to 40% to reduce the electricity consumption and load in air-conditioning. If necessary, use high quality double glass with special reflective coating windows.
44. Roofing should meet prescriptive requirement as per Energy Conservation Building Code by using appropriate thermal insulation material to fulfill requirement.
45. Opaque walls shall meet prescriptive requirement as per Energy Conservation Building Code for all air-conditioned spaces, whereas, for non- air-conditioned spaces, by use of appropriate thermal insulation material to fulfill the requirement.
46. Provision of solar water heating /chilling/street lighting etc shall be explored and implemented.
47. A first-aid room should be provided at the project site, both, during construction and operation phase of the project.
48. Any hazardous waste generated during construction phase shall be disposed of as per applicable rules and norms with necessary authorization of the RPCB.
49. The approval of the competent authority shall be obtained for structural safety of the building due to earthquake, adequacy of firefighting equipment, etc. as per National Building Code 2005 including protection measures from lightening etc. Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 68
50. Regular supervision of the above and other measures for monitoring shall be in place throughout the construction phase, so as to avoid nuisance to the surroundings.
51. The project proponent shall fulfill in letter and spirit, all the commitments made /submitted to the SEAC office.
52. The Company shall provide stacks of adequate height to the along with acoustic enclosures for noise control as per CPCB guidelines. The DG Sets (2*380 KVA) shall comply with the norms notified under Environment (Protection) Act, 1986.
53. The PP shall obtain all requisite permissions/ approvals/clearances from concerning departments and district administration relating to project.
54. The PP shall procure required fresh water only from the authorized and legal source after approval from the competent Authority and such procurement of water shall be informed to RSPCB at time of applying for CTO/CTE.
55. The PP shall provide water flow meter at all suitable points to measure quantity of daily water consumption. Besides PP shall also provide water flow meters at waste water generation points, treated waste water, waste water recycled and utilized for plantation / gardening purposes. The daily record of this should be maintained properly in a logbook.
56. The PP shall dispose of the sludge of STP in Scientific manner.
57. The PP shall make compliance of the standards, for Noise and National Ambient Air Quality, as prescribed under the Environment (Protection) Act 1986.
58. The total waste water generation will be utilized and disposed as proposed.
59. The PP shall not discharge treated waste water in to any natural water flow or in to any water body but make efforts to utilize maximum of the treated effluent within the premises of the project.
60. The PP shall ensure that solid waste generated should be properly collected & segregated. Wet garbage should be composed and dry/inert solid waste should be disposed off at approved sites for land filling after recovering recyclable material.
61. The CFs/FLs / E-waste should be properly collected and disposed off/ sent for recycle as per the prevailing rules / guidelines issued by the regulatory authority. Use of solar panel also may be done to the possible extent.
62. The adequate measure should be taken to prevent odour problem form STP.
63. The PP should obtain prior Consent to Operate before commissioning of the project or handed over to the occupier.
64. The PP shall provide and maintain the O&G trap in good condition, so that the O&G coming with Waste Water from Kitchen/laundry should retain in trap. Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019 69
OPERATION PHASE
1. An independent expert shall certify the installation of the Sewage Treatment Plants (STP) and a report in this regard shall be submitted to the RPCB, before the project is commissioned for operation. Discharge of treated sewage shall conform to the norms & standards prescribed under the Environment (Protection) Act 1986 or the standards laid down by the Rajasthan State Pollution Control Board.
2. Adequate measures shall be taken to prevent odour from solid waste processing and STP.
3. Proper system of channelizing excess storm water shall be provided.
4. Rain Water harvesting (RWH) for roof top run-off and surface run-off, as planned shall be implemented. Before recharging the surface run off, pre-treatment must be done to remove suspended matter, oil and grease. The Rain Water Harvesting plan shall be as per GoI manual.
5. The proposals on the energy conservation measures conforming to energy conservation norms finalized by Bureau of Energy Efficiency shall be implemented.
6. The power factor shall be maintained near unity.
7. Application of solar energy shall be incorporated for illumination of common areas, lighting for gardens and street lighting in addition to provision for solar water heating. A hybrid system or fully solar system for a portion of the apartments shall be provided.
8. The parking place shall have separate entry and exit points. Traffic congestion near the entry and exit points from the roads adjoining the proposed project site must be avoided. Parking shall be fully internalized and no public space shall be utilized.
9. Regular and periodic mock drills shall be undertaken by the fire department at least once in a year.
10. The D. G. sets to be operated with stack height as per EP Act, 1986 along with acoustic enclosure.
11. Incremental pollution loads on the ambient air quality noise and water quality shall be periodically monitored after commissioning of the project and report to be submitted to RPCB.
12. The solid waste generated shall be properly collected & segregated before disposal to the City Municipal Facility. The in-vessel bio-conversion technique may be used for composting the organic waste.
13. Any hazardous waste including biomedical waste shall be disposed of as per applicable Rules & norms with necessary approvals of the Rajasthan State Pollution Control Board.
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14. The green belt design along the periphery of the plot shall achieve attenuation factor conforming to the day and night noise standards prescribed for residential land use. The proposed open space inside the plot shall be suitably landscaped and covered with vegetation of indigenous species.
15. Local species of trees and shrubs of shall be planted to allow habitat for birds with adequate distance from the boundary.
16. The SEIAA, Rajasthan reserve the right to add new conditions, modify/ annual any condition and/or to revoke the clearance if implementation of any of the aforesaid condition/other stipulations imposed by competent authorities is not satisfactory. Six monthly compliance status report of the project along with implementation of environmental measures shall be submitted to MoEF, Regional Office, Lucknow, SEIAA, Rajasthan & RPCB, Jaipur.
17. The PP shall provide adequate and proper compost pit for utilization of all the leaf litter and ensure that such waste should not be burnt.
General Conditions 1. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 2. No further expansion or modifications in the project shall be carried out without prior approval of the SEIAA/Ministry of Environment and Forests as the case may be. In case of deviations or alterations in the project proposal from those submitted to this Authority for clearance, a fresh reference shall be made to the Authority to assess the adequacy of conditions imposed and to add additional environmental protection measures required, if any. 3. The implementation of the project vis-à-vis environmental action plans shall be monitored by MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and this office. A six monthly compliance status report shall be submitted to monitoring agencies. 4. The EC is liable to be rejected, in case it is found that the PP has deliberately concealed and furnished false and misleading information or data which is material to screening or scoping or appraisal or decision on the application for EC. ` 5. The project authorities shall inform the MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and the date of financial closure and final approval of the project by the concerned authorities and the date of start of the project. 6. Officials from the Department of Environment, Government of Rajasthan, Jaipur/ Regional Office of MoEF, Lucknow, RSPCB who would be monitoring the implementation of Environmental safeguards should be given full cooperation, facilities and documents/data by the project proponents during their inspection. A complete set of all the documents submitted to SEIAA should be forwarded to the CCF, Regional Office of MoEF, Lucknow / SEIAA, Department of Environment, Government of Rajasthan, Jaipur / RSPCB.
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7. The Authority reserves the right to add additional safeguard measures subsequently, if found necessary, and to take action including revoking of the environment clearance under the provision of the Environment (Protection) Act, 1986, to ensure effective implementation of the suggested safeguard measures in a time bound and satisfactory manner. 8. The project proponent should advertise in at least two local Newspapers widely circulated in the region, one of which shall be in the vernacular language informing that the project has been accorded environmental Clearance and copies of clearance letters are available with the Rajasthan State Pollution Control Board and may also be seen on the website of the RSPCB. The advertisement should be made within 7 days from the day of issue of the clearance letter and a copy of the same should be forwarded to the Regional Office of MoEF at Lucknow/Department of Ecology and Environment, Government of Rajasthan, Jaipur. 9. These stipulations would be enforced among others under the provisions of water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991 and EIA Notification, 2006, along with their amendments and rules. 10. The PP shall obtain prior clearance form forestry and wild Life angle including clearance from standing committee of National Board of Wild Life (as applicable). It is further categorically stated that grant of EC does not necessary implies that Forestry and Wild Life clearance shall be granted to the project and that proposals for forestry and wild Life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any based on EC so granted, in anticipation of clearance form Forestry and Wild Life angle shall be entirely at the cost risk of the PP and MOEF/SEIAA shall not be responsible in this regard in any manner.
11. The SEIAA, Rajasthan may revoke or suspend the clearance, if implementation of any of the above conditions is not found satisfactory. 12. Periodic monitoring of ambient air quality shall be carried out for PM10, PM2.5, SPM, SO2 and NOx monitoring. Location of the stations (minimum 6) shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring shall be decided in consultation with the Rajasthan State pollution Control Board (RPCB). Six monthly reports of the data so collected shall be regularly submitted to the RPCB/CPCB including the MoEF, Regional office, Lucknow. 13. Personnel working in dusty areas shall wear protective respiratory devices they shall also be provided with adequate training and information on safety and health aspects.
14. The ambient noise level should confirm to the standards prescribed under E (P) A Rules, 1986 viz 75 dB (A) during day time and 70 dB (A) during night time.
15. The environmental statement for each financial year ending 31st March in Form-V shall be submitted to the Rajasthan State Pollution Control Board/SEIAA as prescribed under the environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Lucknow Regional offices of MoEF/SEIAA by e-mail as well as hard copy dually signed by competent person of company.
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Agenda no.36.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project /Cat. 1(a)B1 (15538)/ 2018-19
Project Name :- EC for proposed Group Housing Project " Ashiana Amantran" at Village - keshopura, Tehsil- Sanganer, District- Jaipur Rajasthan total plot Area 33607.37 Sq.m and Built up area 101521.36 Sq.m
Proponent Name :- Ashiana Housing Ltd. Applicant:- S.K. Palit (Vice -President - Operations ) Add:- 304, 3rd floor, Southern Park Building, Saket District Centre, Saket New Delhi E-Mail:- [email protected]; [email protected]
Consultant Name:- Perfact Enviro Solutions Pvt Ltd, 5th floor, NN Mall, Manglam Place, Sector 3, Rohini, New Delhi
Information as per Form-1and other documents submitted by Project Proponent.
1. Category / Item no. Cat. B2 / Item No. 8(a) (in Schedule): 2. Location of Project Khasra No. 180, 182-187, 189-196, Village - Keshopura, Tehsil- Sanganer, District- Jaipur, Rajasthan 3. Project Details S.N. Particulars Details 1. Total plot area 33607.37 m2 2. Gross Built up Area 101521.36 m2 3. Built up area 101521.36 m2 4. Permissible F.A.R. 100372.42 m2 5. Utilized F.A.R. 79621.9 m2 6. Permissible Ground 11762.58 m2 Coverage 7. Utilized Ground 6872.71 m2 Coverage 8. Permissible height 44.97 m 9. Achieved height 49.97 m 10. Proposed Green Area 8501.85 m 11. Total No. of Flat (1 504 BHK, 2 BHK etc.) 12. Other facilities like Swimming pool-1, Kids pool-1, Club House-1, swimming pool, club Activity Room-1, Lounge-1, Badminton Court-1, etc. Gym-1, Multipurpose Hall-1, Office-1, Tennis Court
The above details have been mentioned in Page. No. 82 in the submitted document. (EC Application) and on Page no. 6-7 (Presentation) as well.
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4. Details of construction Date of Affidavit of PP and Consultant regarding the area of construction carried out taken place at site and total built-up area is mentioned on 23.11.2018 and 8.12.2018 respectively. The above details have been mentioned on Page No. 128-129 and 131-132 respectively. (EC Application). 5. Parking Total Parking required = 865 ECU Provision for Parking of 965 E.C.U. has been made as follows: Parking In Cars Scooters E.C.U. Basement 1 330 - 330 Stilt 6 - 6 Open Ground 615 14 (14 E.C.U.) 629 Total E.C.U. 951 14 (14 E.C.U.) 965 E.C.U. The above details have been mentioned on Page no. 104-105 in the submitted document. (EC Application) and Page No. 29 (Presentation) as well. 6. Project Cost: Total project cost – 187.036 Crore. 7. Water Requirement per During construction phase and post construction- day During construction phase: 28 KLD, out of which 23 KLD shall be used by & Source labours for domestic & flushing purposes and 5 KLD of water will be used for construction activities. 20 KLD of waste water will be generated from the labours which will be disposed to Mobile toilets and will be regularly cleaned. During Operation phase- Total water requirement- 469 KLD Fresh water requirement- 260 KLD STP capacity- 300 KLD Total waste water generation- 241 KLD Total treated water-217 KLD Quantity of recycled water- 209 KLD The above details have been mentioned on Page no. 89-90 & 95 in the submitted document. (EC Application) & on Page no. 22-23 (Presentation) as well. 8. Fuel &Energy: - Electricity load- 4061 KW Source- Jaipur Vidyut Vitran Nigam Limited (JVVNL) DG set- 2 x 500 kVA Fuel- HSD - Sulphur content 0.05% The above details of the same have been mentioned on Page no. 91 in the submitted document. (EC Application) and Page No. 20 (Presentation) as well.
9. Application No. & Date & documents submitted: - Application No: 15538 Date & documents submitted: 2.07.2018; Summary, Form 1, Form 1A, Conceptual Plan, Environmental Management Plan. With Other Annexures
10 Environment As per the annx.6 of PPs letter dated 20.03.19 Management Plan with Capital Cost-19,595,730 budgetary provision. Recurring Cost -964,200
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11 CSR Activities As per the annx.5 of PPs letter dated 20.03.19- Rs,11,702,900for 3 years (Rs.264,000 for first year,7,940,400 for second year and Rs. 1,598,500 for third year)
12 STP STP of capacity in 300 KLD. Technology- FAB The above details have been mentioned in Page No. 97-99 in the submitted document. (EC Application) and Page no. 24 (Presentation) as well. 13 Green Belt/ Plantation 8501.85 Sq. m. (25.30 %) area will be under landscaping/green belt. area and % of total area in The above details have been mentioned in Page No. 106 in the submitted document and sq. mts. Page no. 13-14 (Presentation) as well. 14 Budgetary Breakup for PARTICULARS BUDGET (in Lacs) Labour Shelter, basic facilities 3.00 Drinking water 1.00 Sanitation facility, Conservancy with 1.00 soak pit Health facility & arrangements 2.00 Safeguards 1.00 Medical Examination 1.00 Education for their children Creche 1.00 Recreation TOTAL Rs. 10.00 lacs
The above details have been mentioned in Page No. 285 in the submitted document. (Presentation) 15 Present status No Construction work has been done.
Brief details of the Project:- 1. The project was considered for presentation in 4.5th meeting of SEAC dated 26- 28.12.2018.In the beginning of the presentation, the PP informed that they have changed the consultant from Enkay Enviro Services Pvt. Ltd. Jaipur to Perfact Enviro Solutions Pvt. Ltd., 5th Floor, NN Mall,Sector -3 , Rohini, New Delhi. 2. Keeping in view the presentation made by the PP and its Consultants and discussion held during the meeting, the SEAC resolved to seek following information from the PP giving 45 days of time for submission from the date of issue of query letter: a. The PP should submit Authenticated NOC from earlier consultant as per the provision in the MoEF Guidelines/OMs/Circulars. b. It was informed that there are 103 trees in the premises of which 39 would be uprooted and total 425 trees are proposed to be planted. Status of application (Letter no. D-2668 dated 10.12.2018 of Secy, JDA to Adm 1) for permission of uprooting of the trees be submitted. Details of proposed trees, trees to be planted in lieu of uprooted trees, showing on a map, regarding trees.
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c. Proposal for three different compost pits for dried up leaves in three directions indicating location on a map. d. Revised CER as per need based requirement of the area to be completed within three years and not 5 years be submitted. e. Revised EMP to be submitted. Why 3.00 lac in pollution monitoring as capital cost and 65.86 as capital cost in green belt and nil in recurring cost. f. The water analysis report submitted earlier prepared by Noida Testing Laboratories shows parameters like Chloramines and other parameters not relevant to the project. Great difference between the parameters in report submitted earlier and now by the new consultant through his own laboratory. This should be explained. 3. Accordingly a query letter no. 8767 dated 06.03.19 was issued to the PP. 4. The pp has replied vide its letter dated 20.03.19.
Observation of the committee-
The SEAC considered the project and perused the point wise reply submitted by the PP on 27.03.19. The SEAC observed that the proposal submitted by PP with respect to CER activities are not as per the OM dated 01.05.2018 of MoEF & CC. Since the cost of the project is Rs 187 crores , the PP is required to spend Rs 2.8 crores . The PP has submitted proposal for Rs 1.17 crores only.
Resolution :
Keeping in view the information contained in the documents submitted, the presentation made by the P.P. before the SEAC, Rajasthan in its 4.5th meeting held on 26-27th Dec.2018, after detailed deliberations and clarifications, the members were satisfied with the proposals , documents and reply of the queries and resolved to recommend to SEIAA for the grant of E.C its 4.9th meeting dated 09.4.19 for proposed Group Housing Project " Ashiana Amantran" at Khasra No. 180, 182- 187, 189-196, Village - keshopura, Tehsil- Sanganer, District- Jaipur Rajasthan total plot Area 33607.37 Sq.m and Built up area 101521.36 Sq.m. Proponent Name :- Ashiana Housing Ltd. Applicant:- S.K. Palit (Vice -President - Operations ) Add:- 304, 3rd floor, Southern Park Building, Saket District Centre, Saket New Delhi E-Mail:- [email protected]; [email protected]. Name of the consultant :- Perfact Enviro Solutions Pvt Ltd, 5th floor, NN Mall, Manglam Place, Sector 3, Rohini, New Delhi subject to the following conditions and environmental safeguards as finalized by the Committee during the meeting:
CONSTRUCTION PHASE:
1. Consent to Establish” shall be obtained from RPCB before start of any construction work related to proposed project at the site.
2. The PP shall obtain a “No objection certificate for height clearance for the envisaged level from the Airports Authority of India.
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3. No Mobile tower shall be installed.
4. Solar panels for common services areas shall be provided. 5. Provision for compost pit for dry leaves shall be provided. 6. Provision for drinking water supply for the residents from a legal source shall be made. 7. As envisaged, the P.P. shall invest the an amount of Rs. 19,595,730 as capital cost and Rs. 964,200 as annual recurring cost for implementing various environmental protection measure. 8. An amount of Rs. 2.8 Crores is required to be spent over a period of 3 years on CER activities (as decided by the committee). The expenditure on these activities shall be reflected in the books of account when presented for auditing of accounts. The proposal should contain provision for toilets for girls in nearby schools. The proposal should contain provision for monthly medical camps, distribution of medicines and improvement in educational facilities in the nearby schools. The detailed action plan of CSR activities shall be submitted by the PP to RSPCB at the time of applying for Consent to Establish/Consent to Operate. During construction phase and post construction / operation phase, the project proponent shall be responsible for implementation of EIA/EMP. Commitment of proponent in this regard shall be submitted to RPCB at the time of applying for CTE/CTO.
9. Green belt/Landscaping should be developed in 8501.85 Sq. m. (25.30 %) of total plot Area), as proposed.
10. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance lies with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 11. For conservation of electricity and to reduce energy losses the management shall ensure that the electrical voltage is stepped down from 33 KV to 11 KV and distributed at this level and finally brought to 440 volts or as per prescribed norms.
12. The PP shall obtain approval of drawings of laying electrical lines from the concerned SE of RRVPNL/ JVVNL and comply with the provisions as per Terms and Conditions for Supply of Electricity-2004 of JVVNL.
13. The PP shall fulfill the requirements of energy regulatory commission.
14. All energy saving measures proposed by the PP should be implemented before the project is put into use.
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15. A preventive action plan ( as part of conceptual plan) for earthquake resistance buildings as per NBC code specifically for zone 3,4, 5 should be submitted along with the Form 1 , Form 1A and conceptual plan to RSPCB at the time of applying for CTE /CTO.
16. Road width and bend should be adequate for easy movement of fire fighting vehicles.
17. Proposals for provisions regarding accessibility to the various floors of the project and other related parts for Divyang people should be provided. 18. Details of all the points mentioned at point no. 9 under energy conservation of Form. IA would be explicitly taken care of.
19. The P.P. shall ensure taking necessary steps on urgent basis to improve the living conditions of the labour at site. An amount of Rs.10.0 Lacs shall be spent as Budgetary provision for the housing of construction labour within the site with all necessary infrastructure and facilities such as health, sanitation, fuel/LPG for cooking, safe drinking water, medical camps, toilets for women and crèche for infants etc. Such housing may be in the form of temporary structures to be removed after the completion of the project. Details of provisions should be submitted to RPCB at the time of obtaining CTE.
20. The PP will comply with the provisions as per the Building and Other Construction Workers (Regulation of Employment & Condition of Service) Act 1996. 21. The STP should be so designed so that it can cater the minimal flow due to lesser occupancy in the project so as to bring the waste water quality as per the prescribed standards. 22. The drains should be of adequate capacity and be lined till the final disposal points.
23. The entire waste water should be treated through a STP of capacity 300 KLD of FAB technology. The construction of the STP should be carried out simultaneously with that of the project and the STP should be functional before the project is put into use. The STP should have a separate hourly meter and energy meter.
24. The PP shall comply with Construction & Demolition Waste Management Rules, 2016 as applicable.
25. All required sanitary and hygienic measures shall be put in place before starting construction activities. The safe disposal of waste water and solid waste generated during the Construction phase shall be ensured.
26. All the laborers engaged for construction shall be screened for health and adequately treated before engaging them to work at the site.
27. All the topsoil excavated during the construction shall be stored for use in horticulture/landscape development within the project site.
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28. Disposal of muck during construction phase should only be at approved sites with the approval of competent authority. It should not create any adverse effect on the neighboring communities and be disposed by taking necessary precautions for general safety and health aspects of the people.
29. Soil and ground water samples will be tested to ascertain that there is no threat to the ground water quality by leaching of heavy metals and other toxic contaminants.
30. Construction spoils, including bituminous material and other hazardous materials must not be allowed to contaminate water courses and the dump sites for such material must be secured so that they do not leach into the ground water.
31. The diesel generator sets to be used during and post construction phase shall be of low- sulphur-diesel type and shall conform to Environment (Protection) Rules for air and noise emission standards.
32. Vehicles hired for bringing construction material and laborers to the site shall be in good conditions and shall conform to applicable air and noise emission standards and shall be operated during non-peak/approved hours.
33. Ambient noise levels shall conform to residential standards both during day and night. Incremental pollution loads on the ambient air and noise quality shall be closely monitored during construction phase.
34. Fly ash shall be used as building material in the construction as per the provisions of Fly Ash notification of September, 1999 and as amended till date.
35. NOC shall be obtained from National State Disaster Management Authority wherever applicable. 36. Provision for proposed storm water harvesting and its re-use as per CGWA and BIS standards for various applications should be implemented before the project is put into use.
37. Guidelines issued by concerned Ministry for water scarce areas be followed.
38. Water demand during construction shall be reduced by the use of pre-mixed concrete, curing agents and other best practices. Effort should be made to use treated waste water from nearby areas In place of fresh water.
39. Total domestic water requirement during construction phase shall be 28 KLD and during operational phase shall be 469 KLD (260 KLD Fresh + 209 KLD recycled), as proposed. The necessary permission of water supply should be submitted to RSPCB at the time of applying for CTE/CTO. At the time of applying for CTE the PP should get it confirmed from RSPCB that no illegal bore well exists in the proposed site.
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40. Building Plan should be got approved from the competent Authority and the construction should be as per the approved building plan and as per applicable provisions in NBC.
41. The P.P. should ensure compliance of the order of the Hon’ble Rajasthan High Court, Jodhpur in D. B. Civil writ petition no. 1536 of 2003 in the matter of Abdul Rahman vs. State of Rajasthan and others. The PP shall not allow making of any obstacle in the way of any natural water course/natural nallaha/stream carrying rain water to any water body. Adequate measures shall be taken to reduce air and noise pollution during construction as per CPCB norms.
42. Fixtures for showers, toilet flushing and drinking shall be of low flow either by use of aerators of pressure reducing devices or sensor based control.
43. Use of glass may be reduced by up to 40% to reduce the electricity consumption and load in air-conditioning. If necessary, use high quality double glass with special reflective coating windows.
44. Roofing should meet prescriptive requirement as per Energy Conservation Building Code by using appropriate thermal insulation material to fulfill requirement.
45. Opaque walls shall meet prescriptive requirement as per Energy Conservation Building Code for all air-conditioned spaces, whereas, for non- air-conditioned spaces, by use of appropriate thermal insulation material to fulfill the requirement.
46. Provision of solar water heating /chilling/street lighting etc shall be explored and implemented.
47. A first-aid room should be provided at the project site, both, during construction and operation phase of the project.
48. Any hazardous waste generated during construction phase shall be disposed of as per applicable rules and norms with necessary authorization of the RPCB.
49. The approval of the competent authority shall be obtained for structural safety of the building due to earthquake, adequacy of firefighting equipment, etc. as per National Building Code 2005 including protection measures from lightening etc.
50. Regular supervision of the above and other measures for monitoring shall be in place throughout the construction phase, so as to avoid nuisance to the surroundings.
51. The project proponent shall fulfill in letter and spirit, all the commitments made /submitted to the SEAC office.
52. The Company shall provide stacks of adequate height to the along with acoustic enclosures for noise control as per CPCB guidelines. The DG Sets (2*500 KVA) shall comply with the norms notified under Environment (Protection) Act, 1986.
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53. The PP shall obtain all requisite permissions/ approvals/clearances from concerning departments and district administration relating to project.
54. The PP shall procure required fresh water only from the authorized and legal source after approval from the competent Authority and such procurement of water shall be informed to RSPCB at time of applying for CTO/CTE.
55. The PP shall provide water flow meter at all suitable points to measure quantity of daily water consumption. Besides PP shall also provide water flow meters at waste water generation points, treated waste water, waste water recycled and utilized for plantation / gardening purposes. The daily record of this should be maintained properly in a logbook.
56. The PP shall dispose of the sludge of STP in Scientific manner.
57. The PP shall make compliance of the standards, for Noise and National Ambient Air Quality, as prescribed under the Environment (Protection) Act 1986.
58. The total waste water generation will be utilized and disposed as proposed.
59. The PP shall not discharge treated waste water in to any natural water flow or in to any water body but make efforts to utilize maximum of the treated effluent within the premises of the project.
60. The PP shall ensure that solid waste generated should be properly collected & segregated. Wet garbage should be composed and dry/inert solid waste should be disposed off at approved sites for land filling after recovering recyclable material.
61. The CFs/FLs / E-waste should be properly collected and disposed off/ sent for recycle as per the prevailing rules / guidelines issued by the regulatory authority. Use of solar panel also may be done to the possible extent.
62. The adequate measure should be taken to prevent odour problem form STP.
63. The PP should obtain prior Consent to Operate before commissioning of the project or handed over to the occupier.
64. The PP shall provide and maintain the O&G trap in good condition, so that the O&G coming with Waste Water from Kitchen/laundry should retain in trap.
OPERATION PHASE
1. An independent expert shall certify the installation of the Sewage Treatment Plants (STP) and a report in this regard shall be submitted to the RPCB, before the project is commissioned for operation. Discharge of treated sewage shall conform to the norms & standards prescribed under the Environment (Protection) Act 1986 or the standards laid down by the Rajasthan State Pollution Control Board.
2. Adequate measures shall be taken to prevent odour from solid waste processing and STP.
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3. Proper system of channelizing excess storm water shall be provided.
4. Rain Water harvesting (RWH) for roof top run-off and surface run-off, as planned shall be implemented. Before recharging the surface run off, pre-treatment must be done to remove suspended matter, oil and grease. The Rain Water Harvesting plan shall be as per GoI manual.
5. The proposals on the energy conservation measures conforming to energy conservation norms finalized by Bureau of Energy Efficiency shall be implemented.
6. The power factor shall be maintained near unity.
7. Application of solar energy shall be incorporated for illumination of common areas, lighting for gardens and street lighting in addition to provision for solar water heating. A hybrid system or fully solar system for a portion of the apartments shall be provided.
8. The parking place shall have separate entry and exit points. Traffic congestion near the entry and exit points from the roads adjoining the proposed project site must be avoided. Parking shall be fully internalized and no public space shall be utilized.
9. Regular and periodic mock drills shall be undertaken by the fire department at least once in a year.
10. The D. G. sets to be operated with stack height as per EP Act, 1986 along with acoustic enclosure.
11. Incremental pollution loads on the ambient air quality noise and water quality shall be periodically monitored after commissioning of the project and report to be submitted to RPCB.
12. The solid waste generated shall be properly collected & segregated before disposal to the City Municipal Facility. The in-vessel bio-conversion technique may be used for composting the organic waste.
13. Any hazardous waste including biomedical waste shall be disposed of as per applicable Rules & norms with necessary approvals of the Rajasthan State Pollution Control Board.
14. The green belt design along the periphery of the plot shall achieve attenuation factor conforming to the day and night noise standards prescribed for residential land use. The proposed open space inside the plot shall be suitably landscaped and covered with vegetation of indigenous species.
15. Local species of trees and shrubs of shall be planted to allow habitat for birds with adequate distance from the boundary.
16. The SEIAA, Rajasthan reserve the right to add new conditions, modify/ annual any condition and/or to revoke the clearance if implementation of any of the aforesaid
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condition/other stipulations imposed by competent authorities is not satisfactory. Six monthly compliance status report of the project along with implementation of environmental measures shall be submitted to MoEF, Regional Office, Lucknow, SEIAA, Rajasthan & RPCB, Jaipur.
17. The PP shall provide adequate and proper compost pit for utilization of all the leaf litter and ensure that such waste should not be burnt.
General Conditions 1. Tthis E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 2. No further expansion or modifications in the project shall be carried out without prior approval of the SEIAA/Ministry of Environment and Forests as the case may be. In case of deviations or alterations in the project proposal from those submitted to this Authority for clearance, a fresh reference shall be made to the Authority to assess the adequacy of conditions imposed and to add additional environmental protection measures required, if any. 3. The implementation of the project vis-à-vis environmental action plans shall be monitored by MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and this office. A six monthly compliance status report shall be submitted to monitoring agencies. 4. The EC is liable to be rejected, in case it is found that the PP has deliberately concealed and furnished false and misleading information or data which is material to screening or scoping or appraisal or decision on the application for EC. ` 5. The project authorities shall inform the MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and the date of financial closure and final approval of the project by the concerned authorities and the date of start of the project. 6. Officials from the Department of Environment, Government of Rajasthan, Jaipur/ Regional Office of MoEF, Lucknow, RSPCB who would be monitoring the implementation of Environmental safeguards should be given full cooperation, facilities and documents/data by the project proponents during their inspection. A complete set of all the documents submitted to SEIAA should be forwarded to the CCF, Regional Office of MoEF, Lucknow / SEIAA, Department of Environment, Government of Rajasthan, Jaipur / RSPCB. 7. The Authority reserves the right to add additional safeguard measures subsequently, if found necessary, and to take action including revoking of the environment clearance under the provision of the Environment (Protection) Act, 1986, to ensure effective implementation of the suggested safeguard measures in a time bound and satisfactory manner. 8. The project proponent should advertise in at least two local Newspapers widely circulated in the region, one of which shall be in the vernacular language informing that the project has
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been accorded environmental Clearance and copies of clearance letters are available with the Rajasthan State Pollution Control Board and may also be seen on the website of the RSPCB. The advertisement should be made within 7 days from the day of issue of the clearance letter and a copy of the same should be forwarded to the Regional Office of MoEF at Lucknow/Department of Ecology and Environment, Government of Rajasthan, Jaipur. 9. These stipulations would be enforced among others under the provisions of water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991 and EIA Notification, 2006, along with their amendments and rules. 10. The PP shall obtain prior clearance form forestry and wild Life angle including clearance from standing committee of National Board of Wild Life (as applicable). It is further categorically stated that grant of EC does not necessary implies that Forestry and Wild Life clearance shall be granted to the project and that proposals for forestry and wild Life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any based on EC so granted, in anticipation of clearance form Forestry and Wild Life angle shall be entirely at the cost risk of the PP and MOEF/SEIAA shall not be responsible in this regard in any manner.
11. The SEIAA, Rajasthan may revoke or suspend the clearance, if implementation of any of the above conditions is not found satisfactory. 12. Periodic monitoring of ambient air quality shall be carried out for PM10, PM2.5, SPM, SO2 and NOx monitoring. Location of the stations (minimum 6) shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring shall be decided in consultation with the Rajasthan State pollution Control Board (RPCB). Six monthly reports of the data so collected shall be regularly submitted to the RPCB/CPCB including the MoEF, Regional office, Lucknow. 13. Personnel working in dusty areas shall wear protective respiratory devices they shall also be provided with adequate training and information on safety and health aspects.
14. The ambient noise level should confirm to the standards prescribed under E (P) A Rules, 1986 viz 75 dB (A) during day time and 70 dB (A) during night time.
15. The environmental statement for each financial year ending 31st March in Form-V shall be submitted to the Rajasthan State Pollution Control Board/SEIAA as prescribed under the environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Lucknow Regional offices of MoEF/SEIAA by e-mail as well as hard copy dually signed by competent person of company.
Agenda no.37.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15555)/ 2018-19
Project Name: - Environmental Clearance for Proposed Affordable Housing Project "Archi Galaxy, at village Zinc Smelter Debari, tehsil Girwa, Udaipur, Rajasthan.
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Proponent Name: - Archi Arihant Add: - Ground floor, Archi Arihant Apartment, 100ft road, Shobhagpura, Udaipur, Rajasthan. Email:- [email protected] [email protected] Project InCharge:- Rishabh Kumar Bhanawat
Consultant Name: - Gaurang Environment Solutions Pvt.Ltd. Add:- 501, Paris Point , Collectorate Circle, Bani Park, Jaipur(Raj.) Email;- [email protected]
Information as per Form-1and other documents submitted by Project Proponent.
1. Category / Cat.8(a)B2 Item no. (in Schedule): 2. Location of Plot No. 1, khasra nos. 4740 mi, 4741 mi, rev. village zinc smelter debari, tehsil Girwa, Project Udaipur, Rajasthan. 3. Project Details Are as under: Items Details
Project Plot No.–1 khasra nos. 4740 mi, 4741 mi, rev. village zinc smelter address debari, tehsil Girwa, Udaipur, Rajasthan.
Type of Residential Project (Building & Construction). project
Screening The project is categorized under 'B-2' under item 8(a) of Schedule – category Gazette Notification dated Sep 14th, 2006 and subsequent amendments there off.
Total Plot 18,152.42 sq. m. Area
Gross Built 42,848.24 sq. m. up area
Ground Permissible : 50 % (9076.21 sq.m) coverage Proposed : 22.73 % (4126.84 sq. m.)
Green Area 2035.38 sq.m. (11.02%)
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Maximum Details are as under:- height & number of Type No. of Floors Height (in m.) floors Up to Terrace Up to Mumty/ Level Machine room
Block A-F G/Stilt +10 33.6 m 36.6 m floors
Block G-H GF+1st floor 7.2 m 10.2 m
Total number 8 nos. of Blocks Residential : A-F
Commercial : G-H
Total number 620 nos. dwelling units of Dwelling units EWS : 200 nos. LIG : 420 nos.
Other facilities
Commercial area : 1275.27 sq. m.
Amenities area : 529.26 sq. m.
Parking Required parking : 1106 two wheelers facilities Provided parking : 1125 two wheelers
Power Connected load : 1450 KW requirement & source Maximum demand : 770 KW Source : AVVNL
Power backup DG sets of capacity 100 kVA
Water Total Water requirement : 285 KLD requirement & source Fresh Water : 197 KLD Recycled Water : 88 KLD
Source : Municipal Water Supply
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Sewage Sewage treatment facility : STP of 300 KLD Capacity treatment & disposal Waste water generated : 228 KLD
S.N. Particulars Details 1. Total plot area 18,152.42 sq. m 2. Gross Built up 42,848.24 sq. m. Area 3. Permissible B.A.R. 200% (10987.40 sq. m.) 4. Utilized B.A.R. 308.63% (16955.23 sq. m.) 5. Permissible 40% (2197.48 sq. m.) Ground Coverage 6. Utilized Ground 39.63% (2177.23 sq. m.) Coverage 7. Permissible height 31.2 m 8. Achieved height 30 m
9. Proposed Green 19.74 % (1085 sq.m. ) Area 10. Project Details The proposed project involves the construction of commercial complex with 314 nos. of shops, 206 nos. of kiosks, 117 nos. of offices etc. The details are tabulated as under: Details are as Under:- S. No Particulars Details
1. Kiosks 206 nos.
2. Shops 314 nos.
3. Office 117 nos.
11. Other facilities - Elaborated at CP& EM Page 123 and Form 1 Page No.55 4. Details of Date of affidavit of PP : 08.12.2018 construction Date of affidavit of Consultant : 08.12.2018 taken place at Page No. 168-169 site
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5. Parking Required Parking : 1106 two wheelers Proposed Parking : 1125 two wheelers Details are as under:- S. No. Details Two wheelers 1. Stilt 616 2. Open 509 Total 1125 Elaborated at CP& EM Page No. 129 6. Project Cost: Rs.45 crores 7. Water Total Water requirement : 285 KLD Requirement Fresh Water : 197 KLD per day Recycled Water : 88 KLD & Source Source : Municipal Water Supply/ Ground Water Supply Elaborated at CP& EM Page No. 131-132 8. Fuel & As under: Energy:- Source of supply Nearest GSS AVVNL Electrical Load Connected load : 1450 KW Maximum demand : 770 KW Transformer Number 2 no. Capacity 800 kVA each (2 nos.) , 11/0.433 KV DG Sets Number 1 no. Capacity 100 kVA Fuel Used HSD (sulphur content: 0.05%) Quantity 20 l/hr Renewable energy Solar PV : Capacity 70 KW Elaborated at CP& EM Page No. 129-130 9. Application Application Submission date :23.10.2018 No. & Date & documents submitted :-
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10 Environment As under: Management S. No. Particulars Capital Cost Annual recurring Plan with (In lacs) cost budgetary 1. Stack attached to DG sets 10.00 0.50 provision. 2 STP 45 2.00 3 Rain water harvesting 10.00 1.00 4 Solid waste management 2.10 19.44 5 Pollution monitoring - 1.0 6 Fire fighting & emergency handling 50.00 0.50 7 Green Belt 10.46 1.20 10. Solar Module 38.50 0.10 TOTAL 166.06 25.74 Elaborated at CP& EM Page No. 163
11 CSR Activities As under : Rs.90 lakh will be spent under CSR/CER
S. No. Facilities to be Activities to be done by PP Total Expenditure Activity area provided (Rs in lac) 1st year 2nd year 3rdyear
A. Education Construction of Rooms Government Construction of Toilet schools in (Government Construction of RWH nearby areas School) Construction of Computer lab of 10 km areas with equipments Renovation of existing school 33 14 8.82 building Plantation in the school premises Installation of Sanitary Napkin Vending Machine Projector
B. Swacch Bharat Construction of toilets in the Abhiyan nearby areas 6 3 1.30 Nearby areas Dustbins in the nearby areas
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C. Women & Farmer Vocational education for women Welfare including providing sewing machines Awareness camps for promoting female education in nearby village 5 2 1 Nearby areas Organizing workshops for farmers regarding advancements in agricultural techniques Organising medical and health check up camp in nearby villages
D. Development in Development of community park the community Development of moksh dham area Development of drainage system Construction of roads 3.5 1.5 1 Nearby areas Plantation in the nearby areas Installation/Repair of Hand Pumps/Tube Wells.
E. Chief Minister Relief Fund, Rajasthan 3 2 - -
F. PM National Relief fund (Rahat Kosh ) 3 2 - -
Total 53.5 22.5 14.5 90.12
Total of Rs.90.12 lakhs say 90.0 lakhs will be provided under the CSR
Page No. 220-221 12 STP STP capacity : 300 KLD Technology : MBBR Technology Elaborated in CP & EMP at Page No. 131-132 13 Green Belt/ 11.02 % (2035.38 sq.m.) Plantation area Elaborated in CP & EMP at Page No. 123 and % of total area in sq. mts. 14 Budgetary Capital Cost : Rs.2.87 Lakhs Breakup for Recurring cost per Annum : Rs. 3.95 Lakhs Labour
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As under:- S.No Facilities to be provided for Capital Cost Recurring cost per Annum Labourers Temporary housing facilities 15 nos. of temporary for construction workers houses@ Rs.7500/- Total- Rs1,12,5,00/- Sanitation facility Rs.60,000/- - Separate Toilets 4nos.@ Rs. 8500/-each Other charges Other charges (Rs. 10,000/-) Safe Drinking water Water Tank Rs.15,000/- Rs.1,50,000/- Utensils Rs.25,000/- - Fuel for cooking Rs.8000/- Rs.4,800/- First Aid Facility First aid room with equipped Rs. 10,000/- first-aid boxes and cupboards Rs.50,000/- Medical Examination - Twice in a [email protected]/- for 200 nos. of workers Total -Rs. 1,20,000/- Crèche & recreation facility Rs.20,000/- Rs.50,000/- Education for their children - Rs. 60,000/- Total Rs.2,87,000/- Rs. 3,94,800/- Page No. 223 15 Present status Proposed
Brief details of the Project:- 1. The project was considered for presentation in 4.5th meeting of SEAC dated 26- 28.12.2018. 2. Keeping in view the presentation made by the PP and its Consultants and discussion held during the meeting, the SEAC asked the PP to submit the following information:. a. Measures to be taken to neutralize the effect of pollution as the place is adjoining HZL b. Source of water as the ground water is polluted. c. Details of parking for commercial activity to be submitted. d. Fire escape stair case should be in open and not enclosed from all sides. e. Revised CER as per need base. f. Provision AMC for O&M of STP. g. Safe distance of the HT line from the commercial block should be ensured. h. The PP informed that he will submit the desired information during the course of the day. The SEAC agreed to it and the PP submitted certain information vide letter 27.12.2018. The SEAC perused the information submitted by the PP and found that certain information has been left out in his letter dated
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27.12.2018. The SEAC resolved that the PP should submit information on the points which have been left out by him in his letter dated 27.12.2018. 3. Accordingly a query letter no. 8750 dated 06.03.19 was issued to the PP. 4. The pp has replied vide its letter dated 27.03.19.
Observation of the committee-
The SEAC considered the project and perused the point wise reply submitted by the PP on 27.03.19. The SEAC observed that the proposal submitted by PP with respect to CER activities are not as per the OM dated 01.05.2018 of MoEF & CC. Since the cost of the project is Rs 187 crores, the PP is required to spend Rs 2.8 crores. The PP has submitted proposal for Rs 1.17 crores only.
Resolution:
Keeping in view the information contained in the documents submitted, the presentation made by the P.P. before the SEAC, Rajasthan in its 4.5th meeting held on 26-27th Dec.2018, after detailed deliberations and clarifications, the members were satisfied with the proposals, documents and reply of the queries and resolved to recommend to SEIAA for the grant of E.C for proposed Group Housing Project subject to the following conditions and environmental safeguards as finalized by the Committee during the meeting. Project Name: - Environmental Clearance for Proposed Affordable Housing Project "Archi Galaxy, at village Zinc Smelter Debari, tehsil Girwa, Udaipur, Rajasthan. Proponent Name: - Archi Arihant Add:- Ground floor, Archi Arihant Apartment, 100ft road, Shobhagpura, Udaipur, Rajasthan. Email: - [email protected] [email protected] Project InCharge:- Rishabh Kumar Bhanawat. Consultant Name: - Gaurang Environment Solutions Pvt.Ltd. Add: - 501, Paris Point, Collectorate Circle, Bani Park, Jaipur(Raj.) Email;- [email protected]
CONSTRUCTION PHASE 1. Consent to Establish” shall be obtained from RPCB before start of any construction work related to proposed project at the site.
2. The PP shall obtain a “No objection certificate for height clearance for the envisaged level from the Airports Authority of India.
3. No Mobile tower shall be installed.
4. Solar panels for common services areas shall be provided. 5. Provision for compost pit for dry leaves shall be provided. 6. Provision for drinking water supply for the residents from a legal source shall be made. 7. As envisaged, the P.P. shall invest the an amount of Rs. 166.06 Lacs as capital cost and Rs. Rs. 25.74 as annual recurring cost for implementing various environmental protection measure.
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8. An amount of Rs. 2.8 Crores is required to be spent over a period of 3 years on CER activities (as decided by the committee). The expenditure on these activities shall be reflected in the books of account when presented for auditing of accounts. The proposal should contain provision for toilets for girls in nearby schools. The proposal should contain provision for monthly medical camps, distribution of medicines and improvement in educational facilities in the nearby schools. The detailed action plan of CSR activities shall be submitted by the PP to RSPCB at the time of applying for Consent to Establish/Consent to Operate. During construction phase and post construction / operation phase, the project proponent shall be responsible for implementation of EIA/EMP. Commitment of proponent in this regard shall be submitted to RPCB at the time of applying for CTE/CTO. 9. Green belt/Landscaping should be developed in 11.02 % (2035.38sq.mt) of total plot area, as proposed.
10. That the grant of this E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility to comply with the conditions laid down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance lies with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 11. For conservation of electricity and to reduce energy losses the management shall ensure that the electrical voltage is stepped down from 33 KV to 11 KV and distributed at this level and finally brought to 440 volts or as per prescribed norms.
12. The PP shall obtain approval of drawings of laying electrical lines from the concerned SE of RRVPNL/ JVVNL and comply with the provisions as per Terms and Conditions for Supply of Electricity-2004 of JVVNL.
13. The PP shall fulfill the requirements of energy regulatory commission.
14. All energy saving measures proposed by the PP should be implemented before the project is put into use.
15. A preventive action plan ( as part of conceptual plan) for earthquake resistance buildings as per NBC code specifically for zone 3,4, 5 should be submitted along with the Form 1 , Form 1A and conceptual plan to RSPCB at the time of applying for CTE /CTO.
16. Road width and bend should be adequate for easy movement of fire fighting vehicles.
17. Proposals for provisions regarding accessibility to the various floors of the project and other related parts for Divyang people should be provided. 18. Details of all the points mentioned at point no. 9 under energy conservation of Form. IA would be explicitly taken care of.
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19. The P.P. shall ensure taking necessary steps on urgent basis to improve the living conditions of the labour at site. An amount of Rs.2.87 Lacs as capital cost and Rs. 3.95 Lacs /Year as recurring cost shall be spent as Budgetary provision for the housing of construction labour within the site with all necessary infrastructure and facilities such as health, sanitation, fuel/LPG for cooking, safe drinking water, medical camps, toilets for women and crèche for infants etc. Such housing may be in the form of temporary structures to be removed after the completion of the project. Details of provisions should be submitted to RPCB at the time of obtaining CTE.
20. The PP will comply with the provisions as per the Building and Other Construction Workers (Regulation of Employment & Condition of Service) Act 1996. 21. The STP should be so designed so that it can cater the minimal flow due to lesser occupancy in the project so as to bring the waste water quality as per the prescribed standards. 22. The drains should be of adequate capacity and be lined till the final disposal points.
23. As proposed, the entire waste water should be discharged through a STP of capacity 300 KLD of MBBR technology. The construction of the STP should be carried out simultaneously with that of the project and the STP should be functional before the project is put into use. The STP should have a separate hourly meter and energy meter.
24. The PP shall comply with Construction & Demolition Waste Management Rules, 2016 as applicable.
25. All required sanitary and hygienic measures shall be put in place before starting construction activities. The safe disposal of waste water and solid waste generated during the Construction phase shall be ensured.
26. All the laborers engaged for construction shall be screened for health and adequately treated before engaging them to work at the site.
27. All the topsoil excavated during the construction shall be stored for use in horticulture/landscape development within the project site.
28. Disposal of muck during construction phase should only be at approved sites with the approval of competent authority. It should not create any adverse effect on the neighboring communities and be disposed by taking necessary precautions for general safety and health aspects of the people.
29. Soil and ground water samples will be tested to ascertain that there is no threat to the ground water quality by leaching of heavy metals and other toxic contaminants.
30. Construction spoils, including bituminous material and other hazardous materials must not be allowed to contaminate water courses and the dump sites for such material must be secured so that they do not leach into the ground water.
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31. The diesel generator sets to be used during and post construction phase shall be of low- sulphur-diesel type and shall conform to Environment (Protection) Rules for air and noise emission standards.
32. Vehicles hired for bringing construction material and laborers to the site shall be in good conditions and shall conform to applicable air and noise emission standards and shall be operated during non-peak/approved hours.
33. Ambient noise levels shall conform to residential standards both during day and night. Incremental pollution loads on the ambient air and noise quality shall be closely monitored during construction phase.
34. Fly ash shall be used as building material in the construction as per the provisions of Fly Ash notification of September, 1999 and as amended till date.
35. NOC shall be obtained from National State Disaster Management Authority wherever applicable. 36. Provision for proposed storm water harvesting and its re-use as per CGWA and BIS standards for various applications should be implemented before the project is put into use.
37. Guidelines issued by concerned Ministry for water scarce areas be followed.
38. Water demand during construction shall be reduced by the use of pre-mixed concrete, curing agents and other best practices. Effort should be made to use treated waste water from nearby areas In place of fresh water.
39. Total water requirement shall be 285 KLD (197 KLD Fresh + 88 KLD recycled), as proposed. The necessary permission of water supply should be submitted to RSPCB at the time of applying for CTE/CTO. At the time of applying for CTE the PP should get it confirmed from RSPCB that no illegal bore well exists in the proposed site.
40. Building Plan should be got approved from the competent Authority and the construction should be as per the approved building plan and as per applicable provisions in NBC.
41. The P.P. should ensure compliance of the order of the Hon’ble Rajasthan High Court, Jodhpur in D. B. Civil writ petition no. 1536 of 2003 in the matter of Abdul Rahman vs. State of Rajasthan and others. The PP shall not allow making of any obstacle in the way of any natural water course/natural nallaha/stream carrying rain water to any water body. Adequate measures shall be taken to reduce air and noise pollution during construction as per CPCB norms.
42. Fixtures for showers, toilet flushing and drinking shall be of low flow either by use of aerators of pressure reducing devices or sensor based control.
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43. Use of glass may be reduced by up to 40% to reduce the electricity consumption and load in air-conditioning. If necessary, use high quality double glass with special reflective coating windows.
44. Roofing should meet prescriptive requirement as per Energy Conservation Building Code by using appropriate thermal insulation material to fulfill requirement.
45. Opaque walls shall meet prescriptive requirement as per Energy Conservation Building Code for all air-conditioned spaces, whereas, for non- air-conditioned spaces, by use of appropriate thermal insulation material to fulfill the requirement.
46. Provision of solar water heating /chilling/street lighting etc shall be explored and implemented.
47. A first-aid room should be provided at the project site, both, during construction and operation phase of the project.
48. Any hazardous waste generated during construction phase shall be disposed of as per applicable rules and norms with necessary authorization of the RPCB.
49. The approval of the competent authority shall be obtained for structural safety of the building due to earthquake, adequacy of firefighting equipment, etc. as per National Building Code 2005 including protection measures from lightening etc.
50. Regular supervision of the above and other measures for monitoring shall be in place throughout the construction phase, so as to avoid nuisance to the surroundings.
51. The project proponent shall fulfill in letter and spirit, all the commitments made /submitted to the SEAC office.
52. The Company shall provide stacks of adequate height to the along with acoustic enclosures for noise control as per CPCB guidelines. The DG Sets (1*100 KVA) shall comply with the norms notified under Environment (Protection) Act, 1986.
53. The PP shall obtain all requisite permissions/ approvals/clearances from concerning departments and district administration relating to project.
54. The PP shall procure required fresh water only from the authorized and legal source after approval from the competent Authority and such procurement of water shall be informed to RSPCB at time of applying for CTO/CTE.
55. The PP shall provide water flow meter at all suitable points to measure quantity of daily water consumption. Besides PP shall also provide water flow meters at waste water generation points, treated waste water, waste water recycled and utilized for plantation / gardening purposes. The daily record of this should be maintained properly in a logbook.
56. The PP shall dispose of the sludge of STP in Scientific manner.
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57. The PP shall make compliance of the standards, for Noise and National Ambient Air Quality, as prescribed under the Environment (Protection) Act 1986.
58. The total waste water generation will be utilized and disposed as proposed.
59. The PP shall not discharge treated waste water in to any natural water flow or in to any water body but make efforts to utilize maximum of the treated effluent within the premises of the project.
60. The PP shall ensure that solid waste generated should be properly collected & segregated. Wet garbage should be composed and dry/inert solid waste should be disposed off at approved sites for land filling after recovering recyclable material.
61. The CFs/FLs / E-waste should be properly collected and disposed off/ sent for recycle as per the prevailing rules / guidelines issued by the regulatory authority. Use of solar panel also may be done to the possible extent.
62. The adequate measure should be taken to prevent odour problem form STP.
63. The PP should obtain prior Consent to Operate before commissioning of the project or handed over to the occupier.
64. The PP shall provide and maintain the O&G trap in good condition, so that the O&G coming with Waste Water from Kitchen/laundry should retain in trap.
OPERATION PHASE
1. An independent expert shall certify the installation of the Sewage Treatment Plants (STP) and a report in this regard shall be submitted to the RPCB, before the project is commissioned for operation. Discharge of treated sewage shall conform to the norms & standards prescribed under the Environment (Protection) Act 1986 or the standards laid down by the Rajasthan State Pollution Control Board.
2. Adequate measures shall be taken to prevent odour from solid waste processing and STP.
3. Proper system of channelizing excess storm water shall be provided.
4. Rain Water harvesting (RWH) for roof top run-off and surface run-off, as planned shall be implemented. Before recharging the surface run off, pre-treatment must be done to remove suspended matter, oil and grease. The Rain Water Harvesting plan shall be as per GoI manual.
5. The proposals on the energy conservation measures conforming to energy conservation norms finalized by Bureau of Energy Efficiency shall be implemented.
6. The power factor shall be maintained near unity.
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7. Application of solar energy shall be incorporated for illumination of common areas, lighting for gardens and street lighting in addition to provision for solar water heating. A hybrid system or fully solar system for a portion of the apartments shall be provided.
8. The parking place shall have separate entry and exit points. Traffic congestion near the entry and exit points from the roads adjoining the proposed project site must be avoided. Parking shall be fully internalized and no public space shall be utilized.
9. Regular and periodic mock drills shall be undertaken by the fire department at least once in a year.
10. The D. G. sets to be operated with stack height as per EP Act, 1986 along with acoustic enclosure.
11. Incremental pollution loads on the ambient air quality noise and water quality shall be periodically monitored after commissioning of the project and report to be submitted to RPCB.
12. The solid waste generated shall be properly collected & segregated before disposal to the City Municipal Facility. The in-vessel bio-conversion technique may be used for composting the organic waste.
13. Any hazardous waste including biomedical waste shall be disposed of as per applicable Rules & norms with necessary approvals of the Rajasthan State Pollution Control Board.
14. The green belt design along the periphery of the plot shall achieve attenuation factor conforming to the day and night noise standards prescribed for residential land use. The proposed open space inside the plot shall be suitably landscaped and covered with vegetation of indigenous species.
15. Local species of trees and shrubs of shall be planted to allow habitat for birds with adequate distance from the boundary.
16. The SEIAA, Rajasthan reserve the right to add new conditions, modify/ annual any condition and/or to revoke the clearance if implementation of any of the aforesaid condition/other stipulations imposed by competent authorities is not satisfactory. Six monthly compliance status report of the project along with implementation of environmental measures shall be submitted to MoEF, Regional Office, Lucknow, SEIAA, Rajasthan & RPCB and Jaipur.
17. The PP shall provide adequate and proper compost pit for utilization of all the leaf litter and ensure that such waste should not be burnt.
General Conditions 1. This E.C. is issued from the environmental angle only, and does not absolve the project proponent from the other statutory obligations prescribed under any other law or any other instrument in force. The sole and complete responsibility, to comply with the conditions laid
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down in all other laws for the time-being in force, rests with the industry / unit / project proponent. Any appeal against this environmental clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under section 16 of the National Green Tribunal Act, 2010. 2. No further expansion or modifications in the project shall be carried out without prior approval of the SEIAA/Ministry of Environment and Forests as the case may be. In case of deviations or alterations in the project proposal from those submitted to this Authority for clearance, a fresh reference shall be made to the Authority to assess the adequacy of conditions imposed and to add additional environmental protection measures required, if any. 3. The implementation of the project vis-à-vis environmental action plans shall be monitored by MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and this office. A six monthly compliance status report shall be submitted to monitoring agencies. 4. The EC is liable to be rejected, in case it is found that the PP has deliberately concealed and furnished false and misleading information or data which is material to screening or scoping or appraisal or decision on the application for EC. ` 5. The project authorities shall inform the MoEF Regional Office at Lucknow / RSPCB / CPCB / SEIAA, Department of Environment, Government of Rajasthan, Jaipur and the date of financial closure and final approval of the project by the concerned authorities and the date of start of the project. 6. Officials from the Department of Environment, Government of Rajasthan, Jaipur/ Regional Office of MoEF, Lucknow, RSPCB who would be monitoring the implementation of Environmental safeguards should be given full cooperation, facilities and documents/data by the project proponents during their inspection. A complete set of all the documents submitted to SEIAA should be forwarded to the CCF, Regional Office of MoEF, Lucknow / SEIAA, Department of Environment, Government of Rajasthan, Jaipur / RSPCB. 7. The Authority reserves the right to add additional safeguard measures subsequently, if found necessary, and to take action including revoking of the environment clearance under the provision of the Environment (Protection) Act, 1986, to ensure effective implementation of the suggested safeguard measures in a time bound and satisfactory manner. 8. The project proponent should advertise in at least two local Newspapers widely circulated in the region, one of which shall be in the vernacular language informing that the project has been accorded environmental Clearance and copies of clearance letters are available with the Rajasthan State Pollution Control Board and may also be seen on the website of the RSPCB. The advertisement should be made within 7 days from the day of issue of the clearance letter and a copy of the same should be forwarded to the Regional Office of MoEF at Lucknow/Department of Ecology and Environment, Government of Rajasthan, Jaipur. 9. These stipulations would be enforced among others under the provisions of water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991 and EIA Notification, 2006, along with their amendments and rules. 10. The PP shall obtain prior clearance form forestry and wild Life angle including clearance from standing committee of National Board of Wild Life (as applicable). It is further
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categorically stated that grant of EC does not necessary implies that Forestry and Wild Life clearance shall be granted to the project and that proposals for forestry and wild Life clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any based on EC so granted, in anticipation of clearance form Forestry and Wild Life angle shall be entirely at the cost risk of the PP and MOEF/SEIAA shall not be responsible in this regard in any manner.
11. The SEIAA, Rajasthan may revoke or suspend the clearance, if implementation of any of the above conditions is not found satisfactory. 12. Periodic monitoring of ambient air quality shall be carried out for PM10, PM2.5, SPM, SO2 and NOx monitoring. Location of the stations (minimum 6) shall be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring shall be decided in consultation with the Rajasthan State pollution Control Board (RPCB). Six monthly reports of the data so collected shall be regularly submitted to the RPCB/CPCB including the MoEF, Regional office, Lucknow. 13. Personnel working in dusty areas shall wear protective respiratory devices they shall also be provided with adequate training and information on safety and health aspects.
14. The ambient noise level should confirm to the standards prescribed under E (P) A Rules, 1986 viz 75 dB (A) during day time and 70 dB (A) during night time.
15. The environmental statement for each financial year ending 31st March in Form-V shall be submitted to the Rajasthan State Pollution Control Board/SEIAA as prescribed under the environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of environmental clearance conditions and shall also be sent to the Lucknow Regional offices of MoEF/SEIAA by e-mail as well as hard copy dually signed by competent person of company.
Agenda no.38.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15558)/ 2018-19
Project Name: - Tor for Environmental Clearance for Karcha Soap Stone Mining Project (4000TPA,) Area 83.973ha. M.L.no. 10/1990, khasra No. Not given near Village - Karch, Tehsil- kherwara, District - Udaipur, Rajasthan
Proponent Name: - M/s Navdurga Minchem.Shri Surya Prakash Mansinghka (Partner/Auth.Person) Add:- Pusa Niwas, Bhopalganj, Tehsil & District - Bhilwara (Raj) Email:- [email protected]
Consultant Name: - M/s Overseas Min-Tech Consultants Add: - 501, 5th Floor Apex tower Tonk Road jaipur E-Mail:- [email protected]
Brief details of the Project:- 1. The project was considered for presentation in 4.7th meeting of SEAC dated 28- 31.01.2019.
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2. The committee observed that the Aravalli certificate submitted by the PP is not as per the prescribed format. The committee resolved to ask the PP to submit the Aravalli certificate in the prescribed format. 3. Accordingly a query letter no. 8837 dated 07.03.19 was issued to the PP. 4. The pp has replied vide its letter dated 29.03.19.
Observation of the committee:
The SEAC considered the case and perused the reply dated 29.03.2019, submitted by PP in response SEAC query letter dated 07.03.2019, regarding Aravalli certificate. The Aravlli certificate is not in the format specified by the mining department. The PP is required to submit the certificate in the specified format. The PP in his reply has annexed Aravalli certificate dated 14.10.2016 which is same certificate which PP had submitted earlier. Both these certificates are not as per the format specified by the mining department.
Resoluton:
The SEAC resolved to ask the PP to submit Aravalli certificate in the specified format. The SEAC further resolved that the PP may be provided the format in which he has to submit the Aravalli certificate.
Agenda no.39.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (2720)/ 2018-19
Project Name :- Environmental Clearance for our project “Sarah Bhiyani (M.L. No. 46/2009) Ball Clay Mining Project located at Village- Sarah Bhiyani, Tehsil- Kolyat, District-Bikaner, Raj.
Proponent Name-M/s Shree Ram Mines & Minerals,B7, Murlidhar Vyas Colony Bikaner, Rajasthan,E mail- [email protected],[email protected]
Consultant Name- ABC Techno Labs India Pvt. Ltd. Add- 169, Prithviraj Nagar, Maharani Farm Near Vidyasthali School, Durgapura, Jaipur, Rajasthan Email- [email protected] Brief Details of the projects:
1. EC was issued to the project vide SEIAA letter dated 15.10.2015 as per recommendation of SEAC in its 79th meeting held on 26-27 June 2015 at agenda no. 225. 2. The lease area for which EC was granted is mentioned as 4.7271ha. The PP vide letter dated 21.8.2018 has requested for amendment in EC for reduction of lease area from 4.7271 to 4.0019 ha. Saying that the reduction is on account of overlapping with Khatedaars and other utilities. 3. The PP was called for presentation in 4.4th meeting of SEAC dated 28-30.11.2018. 4. The SEAC perused the request made by the PP vide his letter dated 21.8.018 for amendment in EC dated 15.10.15 for reduction of mining lease area from 4.7271
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to4.0019 due to overlapping of mining leases with other khatedar sand other utilities. The SEAC resolved to call the PP on receiving the following: a. Past production Details since inception of mine duly authenticated by the Department of Mines, GOR as per Mining plan/Mining scheme and CTO/CTE since inception of the mine as per annexure referred in MoEF, letter regarding this with supporting documents. b. District Survey Report c. Point wise compliance of earlier EC authenticated by MoEF & CC/RSPCB/SEIAA. d. The PP will conduct a study as to the changes that would occur in the EIA/EMP and the measures to mitigate the variation in environmental issues arising due to the reduction in mine lease area. 5. Accordingly a query letter no. 8731 dated 18.02.19 was issued to the PP.
Observation of the committee:
The SEAC perused the complete record of the case and found that the PP has not so far submitted any reply to the query letter dated 18.02.19.
Resolution:
The SEAC therefore resolve to give a reminder to the PP to submit reply to the query letter dated 18.02.19 within a period of 45 days from the date of receipt of the reminder.
Agenda no.40.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15586)/ 2018-19
Project Name:- Environmental Clearance for proposed expansion in Limestone production Capacity from 9.165 TPA to 0.5 Million TPA limestone and 0.84 million TPA OB and IB and 0.036 million TPA Top Soil along with proposed crusher of 400 TPH capacity in Sinla limestone mine (M.L.No-96/95, Ml area 100ha) near village –Sinla, Tehsil-Jaitaran, District-Pali (Rajasthan) By M/S-Ramgopal Cement company Private Limited.
Proponent Name-M/S. Ramgopal Cement Company Pvt.Ltd. Add-10-A, Amar Vijay Complex, Near Hotel Man singh, Sansar Chandra Road, Jaipur (Rajasthan), Email- [email protected]
Consultant Name-Not Given
Information as per Form-1and other documents submitted by Project Proponent.
Brief details of the Case:- 1. The PP vide letter dated 01.04.19 has requested the SEAC to consider the base line study data collected during summer session of 2018, namely from March to May 2018 i.e prior to submission of the project to SEIAA for TOR. 2. The SEAC noted that the PP had submitted an application for TOR to SEIAA on 01.11.2018 and same was considered by SEAC vide additional agenda item no.
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71.22 in 4.7th meeting held on 28-31.01.2019. The SEAC considered the project and prescribed the TOR, inter-alia, providing at para 12 that the monitoring if any, prior to submission of the project to SEIAA for TOR will not be considered.
Observation of the committee-
The SEAC considered the application dated 01.04.2019 submitted by the PP. The SEAC had prescribed the TOR that monitoring if any, prior to submission of the project to SEIAA for TOR will not be considered, to prevent creation of fictitious and manufactured data and use thereof by the PP/ Consultant in the preparation of EIA/EMP report. Such data defeats and frustrates the very purpose of the EIA Notification. The provisions of para 13 of the EIA Notification provide that preparation and presentation of the EIA/EMP should be done by the Environment Consultant organization which are accredited for a particular sector and a category of the project for that sector with the QCI or NABET or any other agency notified by MoEF & CC. The above provision contemplates that study of the area, carrying out of monitoring, preparation of EIA/EMP reports and presentation of case should be done by the qualify, experience and authorized experts.
Resolution :-
The SEAC after considering the request of the PP and examining OM dated 29.08.2017 of the MoEF & CC resolved to allow the PP to use base line data for preparation of EIA/EMP report, collected at any stage irrespective of request for TOR or the issue thereof. However, such base line data should not be older than three years at the time of submission of the proposal. The PP shall further submit dispatch no of work order/agreement, date of issue of work order, date of start of air/water/other monitoring work etc.
Agenda no.41.File no. F1 (4)/SEIAA/SEAC-Raj/Sectt/Project / Cat. 1(a)B1 (15207)/ 2018-19
Project Name :- Environmental Clearance for our Mining project "china Clay" Quartz, Feldspar and Silica sand stone Mine ( ML.NO. 1/96 )" ML.Area:- 20.0ha annual production - 70,500 TPA Expanson capcity - 207430 TPA Near village - Nimli, Tehsil- Viratnagar, Distt- Jaipur , Rajasthan . Promoted by M/s Modi Levigated kaolin pvt. Ltd.
Proponent Name:- M/S Modi levigated kaolin pvt. Ltd Authorized Singnatory: shri Antarksh Modi, Add:- Opposite Railway Station, Neem ka Thana , Sikar - 332713 mail:- [email protected] , [email protected]
Consultant Name: - Team Institute of Science & Technology Pvt. Ltd. Add: - E-65, Chitranjan Marg, C-scheme, Jaipur Raj.
Brief Details of the Project:
1. The Project was considerd in the 151st meeting of SEAC held on 2.2.2017 and the committee resolved to recommend to SEIAA to grant EC.
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2. The matter was considered by SEIAA and was referred back to SEAC on 24.3.2017 with a comment that khasara number of the lease area has not been mentioned in gthe records. 3. The matter was considered in the 162nd meeting of SEAC held on 15.6.2017 at additional agenda no. 49.02. The committee resolved to a letter to the PP for furnishing kahsra number along with documentary proof. Vide letter dated 3.8.2017. 4. The matter was further considered by SEAC, after receiving information sought from the PP, in 171st meeting held on 5.12.2017 at agenda no 58. The committee observed that the PP did not appear for presentation, there was no prior information abiut the absence. The Committee resolved to issue warfning letter regarding absence while giving 30 days time for submitting reply. 5. The PP vide its letter dated 16.11.2018 has submitted the details of tehsil and khasara number authorized by the mining engineer along with reports of 3 patwaris as the mine falls in 3 villages according to which the khasra nos. are as follows: 6. Village Nimli (Teh. Virat Nagar) Khasara no. 3 area 0.506 ha., Khasra No. 4 area 0.024 ha., 7. Village Basdi Ganeshpura (Teh. Shahpura) Khasra no. 1 area 1.3170 ha., Khasra no. 2 area 0.1140 ha. 8. Village Buchara (The. Kotputali) Khasara no. 1779 area 18.039. 9. Matter was considered in 4.4th meeting of SEAC dated 28-30.11.2018 and the committee resolved to recommend to SEIAA for grant of EC. 10. Accordingly the file was sent to SEIAA. 11. The file was referred back from SEIAA to SEAC on 03.04.19 with the following observation. 12. “Considered in 4.7th meeting of SEIAA held on 29.03.2019, authority examined the case and found in form no. 1 at point no. 21 the PP has mentioned status of land as diversified forest land and in the same form in environmental sensitivity; no forest land has been mentioned in the vicinity of 15 Km. file may be send to SEAC for clarification to PP.”
Observation of the committee-
The SEAC examined the whole matter and the record/ documents available in the file. It is true that the PP has mentioned in form no. 1 as “No” against serial no. 2 of part III relating to environmental sensitivity seeking information regarding areas which are important or sensitive for ecological reasons, wet lands, water courses or other water bodies, coastal zone, bio spheres, mountains, forest. But the PP at serial no. 21 of the same form 1 has mentioned the above status of land as diversified forest land. This anomaly came to the notice of SEAC during presentation in the 151th meeting held on 02.02.2017 and the SEAC verbally asked the PP during the meeting to rectify the mistake and state the correct position. The PP thereafter submitted corrected information which is available in the file at Flag “A”. The SEAC therefore is of the view that no clarification is called for from the PP.
Resolution:
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The SEAC resolved to resubmit the file to SEIAA with the above observation.
Additional Agenda 1:- Opinion of SEAC in the matter of office memorandum dated 19.02.19 issued by SEIAA.
The SEIAA in its 4.7th meeting held on 29.03.2019 has, inter –alia, taken the following decision.
“The authority decided that appraisal of projects submitted by PP to SEIAA for EC have to be considered by SEAC on the basis of documents submitted by the PP in accordance with the procedure and law prescribed under various rules, notification of EIA, court judgments etc. The order dated 19.02.19 issued by SEIAA may be made available to SEAC so that may be deliberated upon in the light of existing rules, regulations and various notifications”.
Observations of the committee
The SEAC has received the above decision for its views and comments in the matter. The SEAC examined the issue and perused the OM dated 19.02.2019. The SEAC is aware of the fact that activity of stone crushing/mineral grinding/M-sand, in mine lease area will generate Environmental pollutant in addition to those generated due to mining activity and such additional activity will have added impact on the Environment. These additional impacts also need to be taken care of while framing strategy to neutralize and mitigate adverse impacts on the Environment.
The provision of rule 22(5) of the Mineral Concession Rule 1960, inter-alia, provides that the mining plan should incorporate the plan of the area showing natural water resources, limits of reserves and other forest areas and density of trees, if any, assessment of impact of mining activity on forest land, surface and environment including air and water pollution, details of scheme of restoration of the area by afforestation, land reclamation, use of pollution control devices and such other measures as may be directed by the Central Govt. or the State Govt. , from to time to time.
The aforesaid provision contemplate that the mining plan should incorporate the activity of stone crushing in the mine lease area, impact of such activity on environment and scheme of control and remediation/ restoration plan etc.
The covenants of the lease require that the lease holder shall take measures for the protection of environment like planting of trees, reclamation of land, and use of pollution controls devices etc.
The mining project, whether existing or new, and intending to carry out stone crushing/mineral grinding/M-sand manufacturing activity, in the lease area, have to submit modified mining plan incorporating the details of such activities. These
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details should include the name and quantity of mineral to be processed, plant machinery and equipment to be put in place for such processing, manpower to be employed for the purpose.
It would not be enough just to show the location of the stone crushing/mineral grinding/M-sand manufacturing activity in the mining plan. The mining plan needs to include all the aspects mentioned hereinabove, concerning stone crushing/mineral grinding/M-sand manufacturing activity. The requirement of modified mining plan, in the cases of existing mining projects having valid EC and intending to carry out stone crushing/mineral grinding/M-sand manufacturing activity shall be in consonance with the legislation relating mines and minerals development and protection of environment.
Resolution:-
The SEAC resolved to communicate its views, on the present issue, to SEIAA, as indicated and explained above in the proceeding
Final minutes of 4.9th meeting of SEAC-09 & 10.04.2019