ref: mmpl/rsm/86/2017-18 director (non-coal mining) ia ...€¦ · silica sand mine of smt. rama s....

Ref: MMPL/RSM/86/2017-18 To Date: 16.05.2017 Director (Non-Coal Mining) IA Division Ministry of Environment, Forest and Climate Change Indira Paryavaran Bhawan 3rd Floor, Vayu Wing, Aliganj, JorBagh Road New Delhi- 110003

Subject: Reply of EDS sought by MS, MoEF&CC for Environmental Clearance of Siddavaram

Silica Sand Mine of Smt. Rama S. Mendon located at S.No.2, Village: Siddavaram, Kota Mandal, District: Nellore, Andhra Pradesh (MLA: 52.76 ha.)

Dear Sir, Our Proposal no. IA/AP/MIN/30272/2015 for grant of Environmental Clearance was uploaded on Portal of MoEF&CC dated 01.04.2017. A query was raised through the EDS sought by MS, MOEF&CC dated 15.05.2017, the reply of which are annexed as Annexure I. As evident from the facts stated in the attached reply our mine is not covered under Notification S.O. 804 (E) dated 14th March, 2017 as TOR by MoEF&CC was granted only after credible action was taken against the Project Proponent who was duly penalized by the court thus the violation matter was resolved. The entire action was taken as per MoEF&CC letter no. J-11015/186/2013-IA.II (M) dated 13.12.2013. We hope this will fulfill the requirement and Environmental Clearance will be granted to us at earliest. Thanking You Yours faithfully

Smt. Rama S. Mendon (lessee)

ANNEXURE I

REPLY OF EDS SOUGHT BY MS, MoEF&CC dated 15.05.2017

Reply of EDS sought by MS, MoEF&CC for project Siddavaram Silica Sand Mine at S.No.2, Village: Siddavaram, Kota Mandal, District: Nellore by Smt. Rama S. Mendon (52.76 ha.)

Query: Application to be submitted as per S.O. 804 (E) dated 14.03.2017.

Reply: The proposed project Siddavaram Silica Sand Mine (52.76 ha.) is not covered under

Notification S.O. 804 (E) dated 14th March, 2017 since TOR by MoEF&CC was granted only after

credible action was taken against the Project Proponent who was also duly penalized by the

court thus the violation matter was resolved.

The facts of the present proposal are given as under in chronological order:

Our Siddavaram Silica Sand Mine (52.76 ha.) located at S. No. 2, Village: Siddavaram,

Kota Mandal, Nelllore was granted to Smt. Rama S. Mendon on 16.07.2005 for 20 years.

Mining operation was carried out since 2005-2006 to 2012-2013. Total 33700 T of silica

sand was produced from the mine during this period.

The proposal for environmental clearance was earlier presented in the MOEF&CC

meeting dated 26-28 June 2013. During the presentation the ministry observed that this

case was a violation case since the mine was in operation without EC grant till June,

2013.

In this regard ministry sent a letter no.J-11015/186/2013-IA.II (M) dated 13.12.2013 to

the project proponent attached at Annexure I (a).

The client completed the process of removal of violation and submitted the requisite

documents to the ministry on 06.04.2015. Receiving attached at Annexure I (b).

Since the court had taken note of violation and case no. 299/15 dated 11.03.15 was

registered against the lessee, therefore as per MOEF&CC requirement the proposal was

resubmitted for issuance of TOR. Court case file attached at Annexure I (c).

After credible action as per MoEF&CC direction, TOR for the project was granted vide

letter no. J-11015/309/2015-IA.II(M) dated 3rd November, 2015 Tor letter attached at

Annexure I (d).

Further, as per Hon’ble court’s judgment, the Project proponent has already paid Rs 1

lakh as fine imposed by the court of the 2nd Additional Judicial Magistrate of First Class

Nellore. Hence the violation of EIA Notification, 2006 has been removed. Court

judgement copy with penalty copy paid by the Project Proponent is attached at

Annexure I (e).

ANNEXURE I(a)

LETTER SENT BY MOEF&CC REGARDING VIOLATION

ANNEXURE I (b)

RECEIVING OF THE DOCUMENTS SUBMITTED TO

MOEF&CC FOR REMOVAL OF VIOLATION.

ANNEXURE I (c)

COURT CASE FILE COPY

IN THE COURT OF'TEE .2NDMAGISTRATE OF FIRST CI

C.F..No:C.C.No:

Enwironmenta-l Engineer,A.P. Pollution Control Board,Regional Office, Nellore(representing the Collector &SPS Nellore District)

1515

...Complainant

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Smt. Rama S. MendonRep. its Mines owner Smt. Rama S. Mendon

... Accused

COMPLA]NANT FILED UNDER SEC, 190 AND 2OO OFCR.P,C.R/W SEC. 19 OF ENV]RONMENT (PROTECTION )ACT

1986 ON BEHALF OF THtr COMPLAINANT:

The Complainant is the Environmental Engineer,

A.P. Poliution Control Board, Regional Office, Nellore, S.P.S

Nellore District representing the Collector & District

Magistrate, SPS Nellore District.

The accused is Smt. Rama S. Mendon, Mines

Owner, C/o. Mangalore Minerals, Momidi Vil1age, Chillakur

Marda-l, Pin code - 524 1I2, SPS Neilore District and

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The complurinant humbly submits the accused

M/s. Smt. Rama S. Mendon was granted mine lease for silica

sald in Sy No.2, Sidrlavaram Vi11age, Kota Mandal, SPS

Nellore Eistrict for operating the mine in an extent of 52.76 Ha

(130.366 Acres), The Industries & Commerce (M.ID

Department gralted mirLe iease for silica sand over arr extent

of 52.76 Ha (130.366 Acres) in Sy No.2, Siddavaram Vil1age,

Kota Mandal, SPS Nellore District vide GO No.149

Dt.13.05.2005 in favour of Smt. Rarna S. Mendon for a period

of 20 years. The mine $,as put into operation on 02.02.2OO6.

The mine operator app,:ied for Environmentaf Clearance for

productiori capacitv of 300O00 TPA of Silica Sand Mine by

following the proceclure stipulated in the trIA Notification,

2OQ6 alter obtaining Telms of Reference from the Ministry of

Environment and Folests, Government of India. The

proponent has discontinued mining operations from

O7.O7.2073, which r.as Lnformed by the proponent vide letter

da ied I 5 . 0 i . 2015 .-lr2-

Regionat OfficeNELLOfi,E.

; ' ' I I IUNII i :N TAL INGINfE(A.t. PorLuTroN c0NTnol 80a(0

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I he accusect lvt / s. bml. xama S. Mbndlon with

requisite prior Enviroumental Clearance against the mine.

iocated in Sy No.2, Siddavarelm Village, Kota Mandal' SPS

Nellore District for operating the mine in an extent of 52 76 Ha

(130.366 Acres) contin!.ed to operate rnining since the grant of

mine lease.

The proposal for Environmental Clearance with

enhanceinent of producrion of mine was examined the matter as

a case of violation under Environment (Protection) Act, 1986, as

the mine continued to operate since the grant of mine lease

wittrout obtaining valid Environmental Cleara-nce. Thus the

accused comrftted violation mles under Section 19 of the

Environment (Protection) Act, 1986 without obtaining requisite

prior Environmental Cleararlce against the mine located in Sy

No.2, Siddavaram Village, Kota MandaJ, SPS Nellore District for

operatmg the mrne ln arr extent oI 52, /o Ha.

The complainar[ humbly submits that the

accused has violated the ru1es. Hence he is liable for

punishment under Sec. 15 of Environment (Protection) Act,

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A.P. PO[ttmON C0NIRolIoAAoR.giorrd Offirc

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In these circum:it ances it is respeot{ully

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Lhis Hon"ble court may be pleased to take Lhe cognigen

the pulish the accused as per law in the interest ofjustice.

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. t iP,Agl Blo - tiEt-rj '1 , Ine comptatnant neleln dohereby declare that the factsstated above are true to thebest of our knowledge, beliefand information

Filed by me

Advocate lor the compia inrLn l .

List of Documents:-

1 )

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Regionel OfficeNTLLONE.

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Memo No. 4931/trNV.SEC.V 12074-2 Dt.O3.12.2O74 fror:rrEnvironment, Forest, fJcience & Technologr Dept., Go.A.P.

Proceedings vide Lr. No.Rc.E9l265 /2OI5 Dated 24.01.2O15received from the Collerctor & District Magistrate, Neilore

a+. ral+ I ustqb) Oto . M)<. No '. I 63List of Witnesses

1) The complainant

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NI]TLORE,

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Sogs//t--;ctdlG[ & SE$St0ll$ JUDGE r!

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ANNEXURE I (d)

TOR LETTER ISSUED BY MOEF&CC VIDE LETTER NO. J-

11015/309/2015-IA.II(M) dated 3rd November, 2015

ANNEXURE I (e)

COURT CASE JUDGEMENT COPY & PENALTY COPY PAID

BY PP