project proponent also stated that he shall abide by the...

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F.No.10-2/ 2009-IA.III Government of India Ministry of Environment & Forests (IA Division) Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 110 003. Dated: 6th March, 2014 To, The Chairman, M/s GSPC LNG Ltd., Energy & Petrochemicals Department, Block No.5, 5th Floor, Sardar Bhavan, Sachivalaya, Gandhinagar - 382 010, Gujarat Contact Person Details: Shri D.J. Pandian, IAS, Tel.: 79-23250771/72, Fax: 79-23251755 Subject: Environmental and CRZ Clearance for development of LNG Terminal at Mundra Port, Kutchch, Gujarat by M/s. GSPC LNG Ltd - Reg. This has reference to letter No: GNR/LNG/D-001/201 dated 20.05.2013 and subsequent letters dated 03.06.2013, 07.09.2013, 01.10.2013, 04.12.2013 and 10.01.2014 seeking prior Environmental and CRZ Clearance for the above project under the Environment Impact Assessment (EIA) Notification - 2006 and Coastal Regulation Zone (CRZ) Notification, 2011. The proposal has been appraised as per prescribed procedure in the light of provisions under the EIA Notification - 2006 and Coastal Regulation Zone Notification, 2011 on the basis of the mandatory documents enclosed with the application viz., the Questionnaire, recommendation of State Coastal Zone Management Authority, EIA, EMP and the additional clarifications furnished in response to the observations of the Expert Appraisal Committee constituted by the competent authority in its meetings held on 28th - 30th October, 2013, 26th - 28th December, 2013 and 22nd - 24th January, 2014. 2. It is interalia, noted that the proposal involves setting up a terminal for import, storage and regasification of liquefied natural gas (`LNG") of a capacity of five (5) MMTPA, expandable up to ten (10) MMTPA at Mundra, State o f Gujarat, ("GSPC LNG Terminal"). The facilities include LNG carrier berthing and unloading facilities; two (2) LNG storage tanks having net capacity of 160,000 cubic meters each in Phase I third LNG storage tank in Phase II; LNG regasification system; Feral metering and connection to the natural gas grid; and all cLiailities -find control systems. The LIG Terminalis proposed be eveloped in three (3) phases and is proposed to have the following facilities ii -Pon completion of each phase. Upon completion of Phase 1: unloading facilities for LNG tankers, two (2) LNG storage tanks and regasified LNG send out capacity of five (5) MMTPA (peak capacity six point two five (6.25) MMTPA).

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Page 1: Project Proponent also stated that he shall abide by the ...environmentclearance.nic.in/writereaddata/... · F.No.10-2/ 2009-IA.III Government of India Ministry of Environment & Forests

F.No.10-2/ 2009-IA.III Government of India

Ministry of Environment & Forests (IA Division)

Paryavaran Bhawan, CGO Complex, Lodhi Road,

New Delhi - 110 003.

Dated: 6th March, 2014 To, The Chairman, M/s GSPC LNG Ltd., Energy & Petrochemicals Department, Block No.5, 5th Floor, Sardar Bhavan, Sachivalaya, Gandhinagar - 382 010, Gujarat

Contact Person Details: Shri D.J. Pandian, IAS, Tel.: 79-23250771/72, Fax: 79-23251755

Subject: Environmental and CRZ Clearance for development of LNG Terminal at Mundra Port, Kutchch, Gujarat by M/s. GSPC LNG Ltd - Reg.

This has reference to letter No: GNR/LNG/D-001/201 dated 20.05.2013 and subsequent letters dated 03.06.2013, 07.09.2013, 01.10.2013, 04.12.2013 and 10.01.2014 seeking prior Environmental and CRZ Clearance for the above project under the Environment Impact Assessment (EIA) Notification - 2006 and Coastal Regulation Zone (CRZ) Notification, 2011. The proposal has been appraised as per prescribed procedure in the light of provisions under the EIA Notification - 2006 and Coastal Regulation Zone Notification, 2011 on the basis of the mandatory documents enclosed with the application viz., the Questionnaire, recommendation of State Coastal Zone Management Authority, EIA, EMP and the additional clarifications furnished in response to the observations of the Expert Appraisal Committee constituted by the competent authority in its meetings held on 28th - 30th October, 2013, 26th - 28th December, 2013 and 22nd - 24th January, 2014.

2. It is interalia, noted that the proposal involves setting up a terminal for import, storage and regasification of liquefied natural gas (`LNG") of a capacity of five (5) MMTPA, expandable up to ten (10) MMTPA at Mundra, State o f Gujarat, ("GSPC LNG Terminal"). The facilities include LNG carrier berthing and unloading facilities; two (2) LNG storage tanks having net capacity of 160,000 cubic meters each in Phase I third LNG storage tank in Phase II; LNG regasification system; Feral metering and connection to the natural gas grid; and all cLiailities -find control systems. The LIG Terminalis proposed be eveloped in three (3) phases and is proposed to have the following facilities ii-Pon completion of each phase.

• Upon completion of Phase 1: unloading facilities for LNG tankers, two (2) LNG storage tanks and regasified LNG send out capacity of five (5) MMTPA (peak capacity six point two five (6.25) MMTPA).

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• Phase II: unloading facilities for LNG tankers, two (2) jetties, three (3) LNG storage tanks and regasified LNG send out capacity of ten (10) MMTPA (peak capacity twelve point five (12.5) MMTPA).

• Final Phase: unloading facilities, two (2) jetties, six (6) LNG storage tanks and regasified LNG send out capacity of twenty (20) MMTPA.

3. Currently Phase-1 of the development of the GSPC LNG Terminal (as detailed above) is planned to be implemented while keeping provision for next phase of development. A plot of twenty eight (28) hectare (800 m by 350 m) has been earmarked for Phase I of the LNG terminal. Expansion of the Project using the adjacent plot of twenty (20) hectare is available for the final phase. The LNG terminal (including the waterfront) is located within the SEZ area at Mundra, of which Adani Ports and Special Economic Zone Limited ("APSEZ") is the developer. The LNG receiving, Storage and Regassification facilities will be established in the terminal. The proposed LNG jetty will be located to the south of the shore line and west of the proposed new container terminal at sea bed level of about -15 m CD, which would be sufficient to berth LNG ships up to 2,50,000 Cum capacities.

4. Clearance was issued to Water Front Developments of and Mundra Port SEZ Ltd (MPSEZ) after following due procedure under EIA Notification, 2006 including conduct of Public Hearing. The LNG Terminal has also one of the component. M/s GSPC has made concession agreement with APSEZ for setting up of LNG Terminal. Accordingly, M/s GSPC LNG made application for transfer of Clearance with respect to LNG Terminal from M/s. Adani Port SEZ Ltd. to M/s. GSPC LNG Ltd.

5. The EAC finalised ToR in its meetings held in January, 2009 and August, 2009. The project proponent requested for the exemption of Public hearing stating that it was conducted by the M/s. Mundra Port and SEZ Ltd., for which Environmental Clearance was issued by the Ministry and the above project is part of the total project of M/s. Mundra Port and SEZ Ltd. The Committee after a detailed discussion, recommended to exempt the Public Hearing as it was already conducted earlier for whole of the project. The Gujarat Coastal Zone Management Authority has recommended the project vide letter dated ENV-10-2010-98-E dated 06.06.2010.

6. EAC in its meeting held in October, 2013 decided to defer the proposal till a report on the issue relating to the Ms Sunita Narain Committee was received by the EAC from the Ministry. GSPC has stated that the report of Sunita Narain Committee acknowledges presence of LNG project and there is no adverse remark against the proposed LNG terminal project. The GSPC LNG project is about 2.6 km away from the disputed area and creeks. The evacuation pipeline for regasifed LNG shall be routed away from the Baradi Mata creek and mangrove zone. The road connectivity to the LNG terminal shall be from the existing road of South Port and away from the creek/ mangrove areas. The Project Proponent further stated that GLL has completed all other pre-project activities and was ready to award the lump sum EPC contract for the project facilities. All information and studies required from time to time by the MoEF/Expert Appraisal Committee of MoEF have been submitted. The Mundra LNG terminal project shall bring additional 5 MMTPA of LNG (Approx 19 MMSCMD of natural gas to consumers) which shall mitigate the growing demand supply gap of natural gas in the country. The

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Project Proponent also stated that he shall abide by the stipulations and conditions of EIA studies as well as conditions considered pertinent by MoEF to implement Lhe project in a environmentally safe and harmonious manner.

7. The matter has been examined by the Ministry and referred the proposal to EAC subject to the submission of action plan to maintain the present mouth of the Baradi Mata creek by the Project Proponent/ APSEZ Ltd.

8. The EAC in December, 2013 suggested to the Project Proponent to carryout the hydrodynamic model study to measure the flow at the mouth of ' Baradi Mata Creek and come with the plan to ensure sufficient flow between creek and the Gulf and also to protect the mouth 'of Baradi Mata creek.

9. The details submitted and presented by the Project Proponent were examined by the EAC in January, 2014. According to Project Proponent, pre-development of Port, there was wider flow at the mouth during high tide and 82 m wide flow during low tide. Post development, the flow is 290 m wide at. low tide. The hydrodynamic model study recommended annual bathymetry survey in Baradi Mata creek and the near shore areas in front of the mouth/ west of breakwaters and maintenance dredging to ensure that the creek mouth remains open. The EAC examined the proposal of Project Proponent for ensuring flow into Baradi Mata creek. Considering different alternatives, it was thought prudent not to construct any civil structure at this juncture.

10. The Expert Appraisal Committee, after due consideration of the relevant documents submitted by the project proponent and additional clarifications furnished in response to its observations, have recommended for the grant of Environmental and CRZ Clearance for the project. Accordingly, the Ministry hereby accords necessary Environmental and CRZ Clearance for the above project as per the provisions of Environmental Impact Assessment Notification - 2006 and Coastal Regulation Zone Notification, 2011, subject to strict compliance of the terms and conditions as follows:

11. SPECIFIC CONDITIONS:

(i) "Consent for Establishment" shall be obtained from State Pollution Control Board under Air and Water Act and a copy shall be submitted to the Ministry before start of any construction work at the site.

(ii) Project Proponent shall carry out annual bathymetry survey in Baradi Mata creek and the near shore areas in front of the mouth/west of breakwaters as per the area of extent proposed in the hydrodynamic study.

(iii) Project Proponent shall carry out periodical maintenance dredging to ensure that the creek mouth remains open in all the seasons for tidal exchange of water.

(iv) Project Proponent shall carry out continuous monitoring of tide levels in the upstream sections of the creek as proposed in the study and its comparison with open ocean tide at Mundra Port to serve as an indicator of flows in to the creek.

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(v) Project Proponent shall conduct flow measurement at Baradi Mata creek at the location derived from hydrodynamic study atleast once a year for 7 days during spring and neap tides to establish a trend and monitor any adverse changes in reduction of flow into the creek.

(vi) Findings and action taken on the above studies shall be submitted along with six monthly report to Regional Office, MoEF.

(vii) Any direction issued by the MoEF with respect to the report submitted by Ms Sunita Narain Committee as applicable shall be complied with by the Proponent.

The evacuation pipeline for regassifed LNG shall be routed away from the Baradi Mata creek and mangrove zone, as committed.

The road connectivity to the LNG terminal shall be from the existing road of South Port and away from the creek/mangrove areas, as committed.

(x) Project Proponent shall earmark at least one percentage of total project cost towards Environmental Fund as committed vide letter dated 05.10.2013.

All the recommendation of the EMP, Risk Assessment and Disaster Management Plan shall he complied within letter and spirit. All the mitigation measures submitted in the EMP/DMP report shall be prepared in a matrix format and the compliance for each mitigation plan shall be submitted to MoEF along with half yearly compliance report to MoEF-RO.

(xii) A separate Environment Monitoring Cell shall be set up especially for this plant and details shall be submitted to the Ministry prior to the commencement of operation

(xiii) Construction activity shall be carried out strictly as per the provisions of CRZ Notification, 2011. No construction work other than those permitted in Coastal Regulation Zone Notification shall be carried out in Coastal Regulation Zone area.

(xiv) The funds earmarked for environment management plan shall be included in the budget and this shall not be diverted for any other purposes.

12. GENERAL CONDITIONS:

Appropriate measures must be taken while undertaking digging activities to avoid any likely degradation of water quality.

Full support shall be extended to the officers of this Ministry/Regional Office at Bhopal by the project proponent during inspection of the project for monitoring purposes by furnishing full details and action plan including action taken reports in respect of mitigation measures and other environmental protection activities.

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(iii) A six-Monthly monitoring report shall need to be submitted by tht project proponents to the Regional Office of this Ministry at Bhopal regarding the implementation of the stipulated conditions.

v) Ministry of Environment 85 Forests or any other competent authority may stipulate any additional conditions or modify the existing ones, if necessary in the interest of environment and the same shall be complied with.

(v) The Ministry reserves the right to revoke this clearance if any of the conditions stipulated are not complied with the satisfaction of the Ministry.

In the event of a change in project profile or `change in the implementation agency), a fresh reference shall be made to the Ministry of Environment and Forests.

The project proponents shall inform the Regional Office as well as the Ministry, the date of financial closure and final approval of the project by the concerned authorities and the date of start of land development work.

A copy of the clearance letter shall be marked to concerned Panchayat/lotal NGO, if any, from whom any suggestion/ representation has been made received while processing the proposal.

State Pollution Control Board shall display a copy of the clearance letter at the Regional Office, District Industries Center and Collector's Office/Tehsildar's office for 30 days.

13. 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 1994, including the amendments and rules made thereafter.

14. All other statutory clearances such as the approvals for storage of diesel . from Chief Controller of Explosives, Fire Department, Civil Aviation Department, Forest Conservation Act, 1980 and Wildlife (Protection) Act, 1972 etc. shall be obtained, as applicable by project proponents from the respective competent authorities.

15. The project proponent shall 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 and CRZ Clearance and copies of clearance letters are available with the State Pollution Control Board and may also be seen on the website of the Ministry of Environment and Forests at httn://www.envfor.nic.in. The advertisement should be made within 10 days from the date of receipt of the Clearance letter and a copy of the same should be forwarded to the Regional office of this Ministry at Bhopal.

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16. This Clearance is subject to final order of the Honble Supreme Court of India in the matter of Goa Foundation Vs. Union of India in Writ Petition (Civil) No.460 of 2004 as may be applicable to this project.

17. Any appeal against this 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.

18. Status of compliance to the various stipulated environmental conditions and environmental safeguards will be uploaded by the project proponent in its website.

19. A copy of the clearance letter shall be sent by the proponent to concerned Panchayat, Zilla Parisad/Municipal Corporation, Urban Local Body and the Local NGO, if any, from whom suggestions/ representations, if any, were received while processing the proposal. The clearance letter shall also be put on the website of the company by the proponent.

20. The proponent shall upload the status of compliance of the stipulated Clearance conditions, including results of monitored data on their website and shall update the same periodically. It shall simultaneously be sent to the Regional Office of MoEF, the respective Zonal Office of CPCB and the SPCB.

21. The environmental statement for each financial year ending 31st March in Form-V as is mandated to be submitted by the project proponent to the concerned State Pollution Control Board 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 Clearance conditions and shall also be sent to the respective Regional Offices of MoEF by e-mail.

ty (Lalit Kapur)

Director (IA-III) Copy to: I. The Principal Secretary, Department of Forests Sc Environment and

Chairman, GCZMA, Govt. of Gujarat, Sachivalaya, Gandhinagar, Gujarat. 2. The Director, Forests 136 Environment Department, Govt. of Gujarat, Block

No.14, 8th Floor, Sachivalaya, Gandhinagar - 382 010. 3. The Chairman, CPCB, Parivesh Bhawan, CBD-cum-Office Complex, East

Arjun Nagar, Delhi - 32. 4. The Chairman, Gujarat State Pollution Control Board, Paryavaran Bhawan,

Sector 10 A, Gandhinagar-382 010. 5. The Chief Conservator of Forests, Ministry of Environment and Forests,

Regional Office, Western Region, Kendriya Paryavaran Bhavan, Link Road No. 3, Ravishankar Nagar, Bhopal-462016 (M.P.)

6. Guard File. 7. Monitoring Cell, MoEF.

(Lalit Kapur) Director (IA-III)