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Annexure – I: ToR compliance is not adequate and needs to be resubmitted. 1.1. Compliance of ToR The compliance of the ToR set out as Annexure – I and additional ToR as per scoping clearance given by the MoEF consequent to the 11thMeeting held on 25th to 27th September 2013 is given Table 1.4. Table 1.4 : Compliance of ToR S. No. Terms of Reference (TORs) Cross Ref. in EIA Report 1. Year-wise production details In the light of the interim relief granted by the Hon’ble Apex Court in its order dated since 1994 should be given, 25.11.2013, 24.2.2014 and 27.3.2014 and temporary working permission granted by clearly stating the highest Joint Secretory, Government of Rajasthan, Khan (Group-2) Department, Rajasthan vide production achieved in any one its letter no. P.8(2)Khan/Group-2/2013 dated 19.12.2013, the LoI holder has executed year prior to 1994. It may also the mining operation and during period 2013-2014 and 2014-2015, has won 311659 be categorically informed metric tonne, the yearly production details are given below:(Section 2.8.5) whether there had been any increase in production after the EIA Notification, 1994 came S. No. Period Quantity (tonne) into force w.r.t. the highest 1 2013-2014 74803 production achieved prior to 2 2014-2015 236856 1994 Total 311659 2. A copy of the document in Letter of Intent issued by the Govt. of Rajasthan is enclosed as Annexure-I support of the fact that the Proponent is the rightful lessee of the mine should be given 3. All documents including Yes chapter 1 and 2 provide project details from which it is manifest that data regarding approved mine plan, EIA and mine lease area , production levels and waste generation and its management etc are public hearing should be in line with approved mine plan (Volume-II). compatible with one another in terms of the mine lease area, production levels, waste generation and its management and mining technology and should be in the name of the lessee 4. All corner coordinates of the The mine lease area, with all corner coordinates, has been marked in mosaic of mine lease area, toposheets in Figure 3.1 and satellite view is shown in Figure 3.2 superimposed on a High Resolution Imagery/Toposheets should be provided. Such an Imagery of the proposed area should clearly show the land use and other ecological features of the study area (core and buffer zone) 5. Does the company have a well The project proponent has environment polity of its own (Annexure-VIII A). laid down Environment Policy approved by its Board of The PP shall comply with the environmental norms and conditions set forth in the main Directors? If so, it may be spelt Environmental Clearance of the project and shall submit compliance to the MoEF out in the EIA report with periodically as warranted under the EC letter. description of the prescribed The applicant has well defined procedures to bring out any infringement / deviation of operating process/procedures the environmental/forest regulations and norms (Annexure-VIII B) to bring into focus any infringement/deviation/violation The hierarchical system of the company and the system for reporting non-compliances of the environmental or forest has been covered under Section 6.6 and its sub-section. (Annexure-VIII C) norms/ conditions? The hierarchical system or administrative order of the Company to deal with the environmental issues and for ensuring compliance with the EC conditions may also be given. The 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 may also be detailed in the EIA report. 6. Issues relating to Mine Safety, The issues related to safety of opencast riverbed mining and safety of river and nearby including subsidence study in structures have been eloquently made out in Section 2.1 and the slope study for failure case of underground mining of pit slope shows that the safety factor is more than 1.5 (Section 7.5) and slope study in case of open cast mining, blasting study etc. There will be no subsidence as the mining is not underground. should be detailed. The No blasting study is required as drilling and blasting are not required. proposed safeguard measures To prevent excess to excavation area by unauthorized persons safety measures will be implemented as per Mines Act, 1952, MMR 1961, Mines Rules in each case should also be 1955 and MCDR 1988. provided. Sides of excavation shall be properly benched and sloped as per regulation 106 of MMR 1961 to prevent slides. The bench width shall be kept higher than height of bench (max. 3m) for ease of operation. The safety factor against slope failure has been worked out as under by adopting Taylor’stability curve for stability number N=0.035 for angle of slope of 400. 7. The study area will comprise of The study area falling within the domain of the tehsil is shown in Figure 3.1. 10 km zone around the mine lease from lease periphery and The waste generation for the entire lease period has been worked out. (Section 2.8.10 the data contained in the EIA and Table 2.5) such as waste generation etc., should be for the life of the mine / lease period. 8. Land use of the study area Landuse map of study area comprising 10 km and 2 km zone around Mine Lease and delineating forest area, Lease Periphery is shown in Figure 3.9 and Tabulated in Table 3.5. agricultural land, grazing land, wildlife sanctuary, national park, migratory routes of fauna, 10 kmZone around the mine lease Landuse /Landcover water bodies, human area Class settlements and other Area(Sq.km) Percentage (%) ecological features should be Agricultural land 1479.47 55.61 indicated. Land use plan of the Agri fallow land 326.28 12.26 mine lease area should be prepared to encompass Open scrub land 549.8 20.67 preoperational, operational and Settlement 64.67 2.43 post operational phases and Water body 7.66 0.29 submitted. Impact, if any, of Vegetation(Forest) 185.77 6.98 change of land use should be Dry river bed 46.74 1.76 given. Total 2660.39 100.00 The Landuse pattern of the ML Area at present and at the end of 5th year is shown in Table 3.6. S. Present land use At the end of 5th Particulars No. (ha) year (ha) 1 Pit area 7.42 133.33 2 Dump area 0.0 - Bridge 111.375 111.375 Safety 3 Permanent Roads 75.60 75.60 zone Wells 18.14 18.14 Infrastructure (office, temp, - - 4 shelter etc) 5 Mineral Storage - 6 Plantation - 44.50 7 Un worked 4067.465 3897.055 Total 4280.00 4280.00 9. Details of the land for any Over Overburden Dump :There shall be no waste generation due to mining thus there will be Burden Dumps outside the no development of external / internal overburden dumps (Section 2.8.8 of the EIA report) mine lease, such as extent of land area, distance from mine R&R Issue: No R&R is involved as the entire ML Area is govt. land, Gair Mumkin Nadi lease, its land use, R&R issues, Nala as per revenue record, thus neither any private land nor asset acquisition is if any, should be given involved. (Section 7.10) 10. A Certificate from the The ML Area does not involve any forest land inasmuch as the lease area, covered Competent Authority in the under several Khasra numbers of different villages, is classified as Gair Mumkin Nadi State Forest Department Nala in the revenue records and not as forest. should be provided, confirming the involvement of forestland, if Besides this mining department granted the LoI after ascertaining from the forest any, in the project area. In the department through inter-departmental clarification that the lease being free from event of any contrary claim by encumbrance of forest department the Project Proponent regarding the status of forests, the site may be inspected by the State Forest Department along with the Regional Office of the Ministry to ascertain the status of forests, based on which, the Certificate in this regard as mentioned above be issued. In all such cases, it would be desirable for representative of the State Forest Department to assist the Expert Appraisal Committees 11. Status of forestry clearance for Not applicable, as no diversion of forest land for non-forestry purpose is envisaged the broken up area and virgin under the approved mine plan. Therefore, there is no case for deposition of any NPV / forestland involved in the CA amount. Project including deposition of net present value (NPV) and compensatory afforestation (CA) should be indicated. A copy of the forestry clearance should also be furnished. 12. Implementation status of Not applicable as neither any forest land is involved in lease area nor any settlement recognition of forest rights habitated by ST and other traditional forest dwellers exists. under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 should be indicated 13. The vegetation in the RF / PF The taxonomic diversity and the phyto-sociological characteristics of the plant species areas in the study area, with in buffer zone covering forested area has been provided in detail (Section 3.9.1) necessary details, should be given 14. A study shall be got done to No Schedule-I & II species, under WPA 1972, have been sighted in the project area ascertain the impact of the i.e.