ref: mmpl/rsm/86/2017-18 director (non-coal mining) ia ...€¦ · silica sand mine of smt. rama s....
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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 )
*2.{zs-.:-1 ,fixfie,H6'^ffi.''itfilt_1 -
Regionel OfficeNTLLONE.
2)
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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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