Minutes of the 92nd Meeting of the Expert Appraisal Committee for River Valley and Hydroelectric Projects held on 28th& 29th March, 2016 at Teesta Meeting Hall, 1st Floor, Vayu Wing, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi – 110003. The 92nd Meeting of the Expert Appraisal Committee (EAC) for River Valley and Hydroelectric Projects was held during 28th& 29th March, 2016 at Teesta Meeting Hall,1st Floor, Vayu Wing, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi – 110003. The meeting was chaired by Shri Alok Perti, Chairman. The list of EAC members and officials/consultants associated with various projects and who attended the meeting is at Appendix. The following Agenda items were taken-up in that order for discussions: 1st day (28.03.2016) Agenda Item No.1: Welcome by Chairman and confirmation of Minutes of the 91st EAC held on 8th- 9th February, 2016. The minutes the EAC meetings were confirmed after amendment / corrigendum on item No. 2.5 as was circulated earlier. Thereafter, following agenda items were taken-up: Agenda Item No 2.1: Dhauliganga Intermediate HE Project (225 MW) in Uttarakhand by M/s NHPC Limited – for consideration of ToR The project was discussed in the 91st meeting of EAC held on 09.02.16. EAC requested the project proponents to a) get clarifications from competent authority on the validity of the already obtained NBWL clearance in the light of revised notification of the Askot WLS and b) the fulfillment of the conditions specified by MOEF&CC vide letter dt 06.07.2006 and as directed by the Hon‟ble Supreme Court in this regard. 2. NHPC represented its case with Chairman, EAC vide letter dt 02.03.2016 requesting approval of TOR clearance referring MOEF&CC‟s OM no J-11013/41/2006-IA.II(I) dt 02.12.09, which states “the proposals for environmental clearance will not be linked with the clearances from forestry and wildlife angle even if it involves forest land and or wildlife habitat as these clearances are independent of each other and would in any case need to be obtained as applicable to such projects before starting any activity at site.” 3. Further, NHPC also referred MOEF&CC letter no 6-10/2011 WL dt 19.12.12, wherein it is clarified that “The Environmental, Forest and NBWL clearances will all be processed on their respective merits, and the clearance of one aspect will not confer any right upon the project proponent. Complete clearance is obtained only when all the requisite clearances have been obtained by the project proponent.” 4. The matter was again discussed in the 92nd meeting of EAC held on 28.03.16, wherein, project proponents clarified that in the light of Revised Notification of the Askot WLS, the validity of the already obtained NBWL / Supreme Court directions regarding Dhauliganga Intermediate Project shall be sought from competent authority. Project proponent also intimated that as far as the fulfillment of the conditions specified by MOEF&CC letter dt 06.07.2006 is concerned, condition no i) and iii) are to be complied by NHPC, while the condition no ii) is to be complied by the State Govt. 5. After detailed deliberations, the EAC recommended for scoping clearance for the project with the following additional TORs to be followed in the EIA study. a) The outcome of Cumulative Impact Assessment Study of Dhauliganga river (Sarda Basin), (being carried out by Govt. of Uttarakhand) as applicable, would be taken care by the project. b) Biodiversity study shall be carried out by associating a reputed organization as per the list of institutes available on MoEF&CC website. c) Camera trapping to be used for assessment of presence of wildlife in the project area. d) Skill mapping of project affected families shall be carried out and suitable provisions shall be made in R&R plan. e) Efforts to be made to the extent possible, so that no PAF loses their entire land holding on account of acquisition of land for the project. f) Possibility of providing fish ladder/passage in barrage shall be explored for sustenance of fisheries. g) Requisite clarifications / clearances from NBWL shall be obtained by Project Proponent in the light of revised Notification of the Askot Wild Life Sanctuary for the project. 6. The EAC recommended the ToR clearance for the project. Agenda Item No 2.2: Jakhol Sankri HEP (44MW), Uttarakhand, by M/s SJVN Limited- for consideration of ToR. The project had been earlier accorded ToR approval by MoEF&CC on 11.01.2011 vide letter no. J-12011/83/2007.IA.I for a period of two years for an installed capacity of 51 MW. The project proponent informed that the work of preparation of EIA/EMP report was given to M/s WAPCOS Ltd. who had recommended Environmental Flow releases as per standard ToR of MOEF&CC of 30% during monsoon, 25% during non-lean and non-monsoon months, and 20% during lean period. On account of these environmental releases, the project capacity had to be reduced from 51 MW to 44 MW. Project proponent further informed that no action on extension of time of ToR could be taken due to verdict of Hon‟ble Supreme Court dated 13.08.2013 which had put a ban on any Environmental & Forest Clearance for Hydro Power Projects located in the State of Uttarakhand. The Hon‟ble Supreme Court has now clarified its position on this issue. 2. Project proponent has now come with proposal for seeking fresh ToR approval of 44 MW Jakhol Sankri HEP. Project attracts General Conditions of EIA notification and is a Category „A‟ Project, because it is within 10 Km of Govind Wildlife Sanctuary and National Park. No component of project falls within the Sanctuary/National Park. 3. Project is located in Uttarkashi district of Uttarakhand state and envisages utilization of water of river Supin, a right bank tributary of river Tons of Yamuna Basin. The project envisage construction of a 7.20 m high Barrage (from average river bed level at barrage axis) for diversion of water through a 6.6 km long HRT having dia of 3m to an underground power house (2 x 22 MW) for generation of about 166 MU of design energy. The project is proposed to be completed within 4 years with an estimated cost of Rs.442.31 Crores. 4. The 10 daily Hydrological data series for 35 years for the period 1977 to 2012 has been used in PFR. The 90% dependable year considered for power potential studies is 1984-85. Environmental releases of 30% during monsoon, 20% during lean period and 25% during non- monsoon and non-lean months have been considered. The tentative land required for the project is 39.817 Ha out of which 24.126 ha is forest land and 15.691 ha is private land. The submergence area of 0.24 ha is in forest land. 5. EAC after detailed deliberation recommended for a fresh study of 3 seasons (pre- monsoon, monsoon and post-monsoon) with the following additional ToRs: a) The outcome of Cumulative Impact Assessment Study of Yamuna river Basin, as applicable, would be implemented by the project. b) Biodiversity study shall be carried out by associating a reputed organization as per the list of institutes available on MoEF&CC website. c) Camera trapping to be used for assessment of presence of wildlife in the project area. d) Skill mapping of project affected families shall be carried out and suitable provisions shall be made in R&R plan. e) Efforts to be made to the extent possible, so that no PAF loses their entire land holding on account of acquisition of land for the project. f) Possibility of providing fish ladder/passage in barrage shall be explored for sustenance of fisheries. 6. The project proponent was given a representation as received from Matu Jan Sangthan. The project proponent was asked to consider the issues raised in the representation, during the EIA studies. 7. The EAC recommended the ToR clearance for the project. Agenda Item No 2.3: Sela Urthing Hydro Electric Project, (230 MW) Village Sela- Urthing (Dharchula), Distt Pithoragarh, Uttarakhand, M/s UJVN Limited- For consideration of ToR. Sela Urthing Hydro Electric Project (230 MW) is proposed on Dhauliganga river with Dam near village Sela & Power house near Urthing in Pithorgarh District of Uttarakhand. The ROR scheme envisages construction of 73 m high concrete gravity dam above the deepest foundation across river Dhauliganga, a tributary of River Kali (Sarda). Project was allotted by Govt. of Uttarakhand to UJVN Ltd. (A GoU Enterprise) in December, 2004 for implementation. The total land requirement for the project is about 65 ha., of which 4.0 ha. is private land and remaining 61 ha. is forest land. The surface power house is proposed on the right bank of the river with 2 units of 115 MW each. 2. The project is outside of any wildlife sanctuary / National Park, however, it falls within 10 km buffer zone of Askot Musk deer WLS for which proposal was submitted by UJVNL to NBWL for clearance. The project proposal was recommended by NBWL committee in its 36th meeting held on 04th Nov 2015 for consideration of approval for carrying out survey and investigation works on the project. 3. Hon‟ble Supreme Court vide orders dated 14-08-2014 and dated 12.10.2015 clarified ban imposed on hydropower projects was applicable to 24 hydropower projects mentioned in the report of Wildlife Institute of India, Dehradun. Sela Urthing HEP is not listed in the said 24 project.