Executive Summary of EIA and EMP for Kasargod – Kanhangad … · 2016-07-13 · Kerala State...

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October 2012

Executive Summary of EIA and EMP for

Kasargod – Kanhangad Road,

Pilathara – Pappinisseri Road and

Thalassery – Valavupara Road

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Kerala State Transport Project II Executive Summary of EIA & EMP for Kasargod – Kanhangad Road, Pilathara – Pappinisseri Road and


Wilbur Smith Associates Pvt. Ltd. i Kerala State Transport Project Public Works Department

TABLE OF CONTENTS

EXECUTIVE SUMMARY OF EIA AND EMP ................................................................................................ 1

E.1. INTRODUCTION.................................................................................................................................... 1 E.2. PROJECT DESCRIPTION......................................................................................................................... 1 E.3. POLICY, LEGAL & ADMINISTRATIVE FRAME WORK .............................................................................. 4 E.4. APPROACH & METHODOLOGY ............................................................................................................. 4 E.5. BASE LINE ENVIRONMENT, IMPACTS AND MITIGATION & AVOIDANCE .............................................. 5

E.5.1. Physical Environment ........................................................................................................................... 5 E.5.2. Flora, Fauna and ecosystems .................................................................................................................. 6 E.5.3. Socio-economic environment .................................................................................................................... 6

E.6. SUMMARY OF ENVIRONMENTAL & SOCIAL ISSUES................................................................................ 7 E.7. ANALYSIS OF ALTERNATIVES................................................................................................................ 7 E.8. ENVIRONMENTAL MANAGEMENT PLAN .............................................................................................. 7 E.9. ENVIRONMENTAL ENHANCEMENTS..................................................................................................... 8 E.10. ENVIRONMENTAL MITIGATION COSTS ................................................................................................. 8 E.11. PUBLIC PARTICIPATION & CONSULTATION .......................................................................................... 8 E.12. PENALTY CLAUSE................................................................................................................................. 8 E.13. MONITORING AND REPORTING PROCEDURES...................................................................................... 9 E.14. PUBLIC DISCLOSURE............................................................................................................................. 9

LISTS OF TABLES

Table E.2. Realignment along Phase II Corridors........................................................................................7

LISTS OF FIGURES

Figure 1. Location Map of Package I Roads.........................................................................3



Wilbur Smith Associates Pvt. Ltd. 1 Kerala State Transport Project Public Works Department

EXECUTIVE SUMMARY OF EIA AND EMP

E.1. INTRODUCTION

Government of Kerala (GOK), is implementing Kerala State Transport Project (KSTP) in two phases, Phase – I consisting of approximately 260 km roads was taken up for implementation with the assistance of World Bank and has been completed by 2011 and Phase – II comprising 600 km of high priority roads taken up now aims to upgrade critical sections of the State’s road network and is supported by the International Bank for Reconstruction and Development (IBRD/World Bank). This executive summary presents the summary of Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) of the three link roads included in package I of KSTP II - (1) Link 69 (Kasargod – Kanhangad), (2) Link 68 (Pilathara – Pappinisseri) and (3) Link 74 (Thalassery-Valavupara) in Northern Kerala.

E.2. PROJECT DESCRIPTION

The Kasargod - Kanhangad road (Link 69) is situated in Kasargod district of Kerala State and Pilathara - Pappinisseri road (Link 68) and Thalaserry - Valavupara road (Link 74) are situated in Kannur district of Kerala State. Kasaragod district is the northern most district of the Kerala State and Kannur is located immediately south of Kasaragod district. Figure 1 shows the location map of all the three project links.

Kasargod - Kanhangad section starts at Kasargod (Chainage 0+000) and ends at Kanhangad South (Chainage 28+600), the total length of the stretch being 28.60 km. This link road is a section of State Highway (SH) - 57, which runs parallel to National Highway (NH) – 66 (formerly NH 17), one of the major NHs in Kerala. Link 69 passes through Uduma, Pallikkara, Chithari, Ajanoor and Hosdurg. The Pilathara - Pappinisseri road of length 20.9km starts at Pilathara, passes through Pazhayangadi and Kannapuram and ends at Pappinisseri on NH 66. The Thalaserry - Valavupara road of 52.736 km length starts at Thalaserry, passes though Koothuparambu, Iritty and Mattannur and ends at Valavupara.

General philosophy followed in formulating the improvement proposals are;

• Limit the improvements within the land identified for the project.

• Introduce transition to all the curves along the alignment

• Utilize the available Right of Way to the maximum so as to avoid additional land acquisitions

• Retain the geometric properties of finalized alignment during the study carried out in 2002

• Improve and introduce the project facilities

• Improvement of road safety features

Accordingly, the following optimum level of improvements are proposed:

• Widening of the project roads;

• Strengthening/reconstruction of the existing pavement for the entire length;

• Provision of footpath cum built-up drain at built up and industrial locations;

• Improving / redesigning sharp curves;

• Widening/ reconstruction of existing culverts and provision of additional culverts depending on

the cross drainage requirements;

• Junction improvements;

• Provision for Pedestrian crossing facilities; traffic signs, road furniture and bus shelters

Summary of improvement proposal for the Package I roads are presented in Table 1.




Table 1. Summary of Improvement Proposals

Sl. No.

Particulars Link 69 Link 68 Link 74

1 Starting Chainage km 0+000 (Kasargod) km 0+000 (Pilathara) km 1+200 (Thalassery) 2 Ending Chainage km 27+744 (Kanhangad) km 20+900 (Pappinisseri) km 53+936 (Valavupara) 3 Length 27.74 km 20.90 km 52.736 km 4 Classification State Highway (SH) 57 Major District Road State Highway (SH) 30 5 Proposed RoW Min - 13 m & Max - 20m Min - 13 m & Max - 20m Min - 13 m & Max - 20m 6 Proposed Carriage

Way width 10m

Built-up and rural areas: 10m ROB Location: 7.5m CW with 3.5m service roads

10m

7 Junction Improvements

Major junctions - 4 Nos Minor junctions - 126 Nos



8 Pavement Composition Details

Existing CW: Overlaid with 40mm BC+ PCC Widening: 40 BC + 75 DBM+ 250 WMM+200 GSB

Existing CW: Overlaid with 40mm BC+ PCC Widening: 40 BC + 75 DBM+ 250 WMM+200 GSB

Existing CW: Overlaid with 40 BC + 60 DBM + PCC Widening: 40BC+60 DBM+300WMM+200 GSB

9 Drains (both sides) 22194 m 20194 m 78423 m 10 Passenger Shelter 43 Nos 37 Nos 57 Nos

11 Crash barrier 1010 m 3260 m 1120 m 12 Pedestrian guard rail 4912 m 5365 m 7861 m 13 Parking spaces

(Taxi, Auto Jeep) Existing: 19 Nos New: 12 Nos

Existing: 9 Nos New: 3 Nos

Existing: 7 Nos New: 1 Nos

14 Oxbow Land 4 Nos. 4 Nos. 31 Nos. 15 Bridge / Culvert Total - 59 Nos

Major Bridge – 3 Nos Minor bridge – 3 Nos Viaduct – 1 No ROB – 2 Nos Culverts – 50 Nos

Total - 43 Nos. Major Bridge – 1 Nos Minor bridge 2 Nos ROB – 2 Nos Culverts – 38 Nos

Total – 190 Nos Major Bridge – 3 Nos Minor bridge – 4 Nos ROB – 1 Nos Culverts – 182 Nos

16 Noise Barrier At all educational buildings for a height of 2 to 3 m Total length 42m

94 m at educational building areas

32 locations

17 Protection measures Retaining wall - 4310m (including both sides), Stone Pitching - 335 m, Turfing length – 16350m on LHS, 15750m on RHS

Stone Pitching 240 m (including both sides) Turfing length – 480m including both sides

Retaining wall- 34300 m (including both sides)

Kerala State Transport Project II Executive Summary of EIA & EMP for Kasargod – Kanhangad Road, Pilathara –

Pappinisseri Road and Thalassery – Valavupara Road


Figure 1. Location Map of Package I Roads




E.3. POLICY, LEGAL & ADMINISTRATIVE FRAME WORK

Government of India (GOI)/Government of Kerala (GOK) Requirements. No formal clearances are required from GOI. However, for all the three roads considered in Package IV, project proponent has to obtain Coastal Regulation Zone (CRZ) clearance under the CRZ Notification, 2011 from Kerala State Coastal Zone Management Authority (KSCZMA), tree cutting permission from the Kerala State Forest Department and Consent to Establish under Water Act and Air Act from Kerala State Pollution Control Board (KSPCB). KSCZMA has already cleared Link 69 and 68 and the clearance letter is awaited. Application for CRZ clearance for Link 74 was submitted on 11. 09.2012 and it is expected to be cleared in the next committee meeting of KSCZMA.

The other GoI legislations relevant to the project include Noise Pollution (Regulation and Control) Rules, 2000, The Motor Vehicles Act, 1988, The Public Liability Insurance Act, 1991, and Contract Labour (Regulation & Abolition) Act, 1970. State acts & policies applicable for the project include Kerala Highway Protection Act, 1999, Protection of River Banks and Regulations of Removal of Sand Policy, 2002, and Kerala Road Development Policy, 2009-21.

Prior to work initiation, contractor has to obtain Consent to Establish and Consent to Operate for operating hot mix plants, crushers and construction camps from KSPCB under Water Act and Air Act, permission to store hazardous materials from KSPCB under Hazardous Waste (Management and Handling) rules and explosive license from Chief Controller of Explosives, Petroleum & Explosive Safety Organization. Other permissions to be obtained by the contractor include Pollution under Control (PUC) certificate for vehicles from Motor Vehicle Department, Quarry license from Mining and Geology Department and permission for extraction of ground water from Central ground Water Authority.

World Bank (WB) requirements. The WB requirements are largely governed by the Operational Policies. World Bank has 10 safe guard policies, out of which, 3 policies are applicable for the project which are OP 4.01 Environmental Assessment, OP 4.30 Involuntary resettlement and OP 4.11 Cultural Property. The Environmental Assessment for the project has been conducted in line with the requirements of OP 4.01 and Cultural Property Impact and Rehabilitation Measures is a part of the EA, while the Rehabilitation Action Plan (RAP) prepared by KSTP addresses the issues of Involuntary Resettlement in line with OP 4.30.

E.4. APPROACH & METHODOLOGY

The EIA report has been prepared and presented as per requirements of the Environmental Impact Assessment notification, 2006 of Ministry of Environment and Forests (MoEF) under the Environment Protection Act, 1986 and World Bank Operational Policy 4.01. The guidelines of the Indian Road Congress (1989) and Environmental guidelines for Rail / Road / Highway projects of MoEF have also been followed. The preparation of EIA/EMP documents for the project road has followed customary techniques employed for the collection of baseline techniques, impacts and identification of mitigation measures. These techniques include site investigations, secondary data collection, primary data generation and public participation and consultation.

A totally new Environmental Management Plan (EMP) has been prepared suggesting various mitigation measures to avoid or minimize the impacts of the project on the environment during the pre-construction, construction and operation phases. This EMP also draws from the review of implementation of EMP for KSTP – Phase – I, conducted by Wilbur Smith Associates in 2010 and has incorporated measures to ensure efficient implementation of EMP. These measures include (i) a penalty clause in he contract document, (ii) training for awareness generation and skill development among Contractor’s staff, (iii) simplified reporting and monitoring system with shared responsibility between contractor and CSC, (iv) Specific guidelines are added to enable the contractor implement the EMP very effectively.

Two sets of guidelines were prepared and incorporated in the Generic EMAP table of EMP reports to enable the contractor to implement the project with least impact upon the environment– (i) Guidelines for entire project stretch with regard to aspects like waste management, top soil conservation traffic




management, worker’s safety and management of hazardous substances and (i) Guidelines exclusively for siting, management and restoration of project facilities like camps and sites.

E.5. BASE LINE ENVIRONMENT, IMPACTS AND MITIGATION & AVOIDANCE

The base line environmental aspects, impacts and mitigation measures are summarised in following sections.

E.5.1. PHYSICAL ENVIRONMENT

Link 69 and Link 68 are passing through predominantly low land region and entire section is lying more or less parallel to the seacoast in a north south direction. A small stretch in the beginning of link 69 is characterised by laterite terrain, where as the remaining portion of the road is located in the coastal alluvium formation, where as along Link 68, from Pilathara to Pazhayanagadi river, the region is characterised by laterite and from Pazhayanagadi river to Pappinisseri it is located in coastal alluvial and swampy region. The Link 74 runs across the state in an east westerly direction and hence, it passes through all three physiographic regions viz, low land, high land and midland regions.

The stretches of the project road included under CRZ regulations1 are as follows. Link 69 passes through CRZ IV at points where it crosses river Chittari, Chandragiri and stream Kalanad, Paravandaka, Chammanad and through CRZ-I areas near Pallikkara, Bekal fort and beach, at sea coast north of Bekal, at Kottikulam, and stream crossing at Kalanad, Paravandaka and south bank of Chandragiri river. As far as link 68 is concerned, Valapattanam north bank in Pappinissery Panchayat passes through CRZ-1, stream crossing at Kannapuram and Ramapuram river crossing at Adithala pass through CRZ_III and IV, while Eastern bank of the Thaliparamba- Pazhayangadi, riverine system at Pungavu, Punnasseri to south bank of Pazhayangadi river and Northern bank of Pazhayangadi river pass through CRZ-III. The river crossing at Erinholi, in the Thalassery urban area along link 74, passes through CRZ IV area

Base line air, water, and noise monitoring was carried out during May 2012 and the ambient air, water and soil data are found to be well within the limits.

Impacts and avoidance. The high intensity storms during the monsoon months result in heavy discharges in all rivers, submerging vast stretches of low lying lands. Hence, many sections of all the three links are prone to flooding, while the entire project corridor is uniformly erosion prone on a minor scale. Along link 74, low land and mid land region is erosion prone while the highland is susceptible to land slides and land slips.

In order to avoid major environmental and social impacts, the project has restricted the widening to a maximum width of 15m. The avoidance of the road widening to any highway design standard (e.g .IRC standard width is 30m ROW compared to the KSTP width of 15m ROW) was one of the major environmental and social consideration in the project. For geometric correction of acute curve areas, four realignments each have been considered along link 69 and link 68 and 31 realignments are proposed along link 74.

Mitigation measures: At low lying areas and flood prone locations, it has been proposed to raise the pavements and widening and reconstruction of existing culverts and provision of additional culverts have

1 Vide CRZ Notification 2011, Government of India has declared the coastal stretches of the country and the water area up to its territorial water limit as Coastal Regulation Zone and imposed restrictions on the setting up and expansion of industries, operations or processes etc. in the said Coastal Regulation Zone (CRZ). Following areas fall under CRZ: CRZ – I: The land area from High Tide Line to 500mts on the landward side along the sea front. CRZ – II: Land area between HTL to 100 mts or width of the creek whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea. CRZ – III: The land area falling between the hazard line and 500mts from HTL on the landward side, in case of seafront and between the hazard line and 100mts line in case of tidal influenced water body. CRZ – IV: Land area between HTL and LTL. CRZ – V: The water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea and the water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies.




been incorporated to take acre of the huge quantity of flood water. In order to ensure slope stability and prevent soil erosion different types of protection measures are undertaken depending upon the embankment height and soil strata.

Where ever, embankment height varies from 1 to 3 m. turfing or seeding of grass with a slope of 1.5 horizontal to 1 vertical. has been proposed, where as for embankment height more than 3 m: stone pitching with a slope of 1.5 H: 1 V has been proposed. Rubble masonry breast walls and slope cutting of ground with shotcrete treatment has been proposed for hill cutting. Further, several project specific environmental enhancement measures have been proposed to enhance the environment along the project roads. To enhance the mangrove vegetation along the project coastal areas, a Mangrove Afforestation Plan has been prepared.

E.5.2. FLORA, FAUNA AND ECOSYSTEMS

Tree species present along project road are mostly indigenous in nature, like mangoes, tamarind, jackfruit tree and occasional banyan trees within the available corridor are surveyed and it has been found that around 798, 1542 and 757 trees need to be cut along link 69, 68 and 74 respectively.

The Project Influenced Area is predominantly coastal and estuarine, and accommodates a significant portion of mangroves in Kerala The main occurrence of mangrove ecosystem along link 69 is reported at Chittari river and Shiriya river in Kasaragod district and towards the end of link no 68 in Pappinissery bordering the project road. Although the Link 74 passes through mangrove area for about 30m, within the Thalassery urban area, the impacts and minor and insignificant as it falls under the CRZ IV category, which is the least sensitive area according to the Coastal Zone Management Plan prepared by the GOK. Nevertheless adequate mitigation measures have been considered.

Mitigation measures

The impact mitigation actions include foot path on all sides of the junction and metal fencing along the sides of the mangrove vegetation to facilitate safe/controlled access to these ecosystems without causing any degradation. Moreover, as part of the environmental enhancement strategy, plantation of mangroves will be carried out with the help of State Forest and Department and a mangrove afforestation plan has been proposed for the same. The loss of trees will be mitigated by planting at least three trees per tree removed from the roadsides. The loss of trees and vegetation at the sites of ancillary project facilities like borrow areas, quarry areas, labour camps, construction camp etc. will also be mitigated according to the measures adopted in the Environmental Management Plan. Apart from this, tree plantation will be carried out at realignment/ oxbow location.

E.5.3. SOCIO-ECONOMIC ENVIRONMENT

Details of the shrines, churches, temples and mosques in the immediate vicinity of the Right of Way and needing to be protected are shown in the link specific Part II EMP. These include Temples, Mosques, Churches, Cremation ground, Hundi and shrine (very small religious place). Alignment has been finalised avoiding and minimising the impact on these cultural properties. The Cultural Property Rehabilitation Measures proposed in Link Specific EMP details out the impact on cultural properties and strategy for their restoration, relocation or reconstruction.

The extent of socio-economic impact has been assessed and the compensatory measures are detailed out in the Rehabilitation Action plan. There are around 937 Project Affected Families (PAFs) along link no. 69, 1634 PAFs along link no 68, while the same along link no 74 is 4966 PAFs.

Mitigation measures: The project has prepared a Cultural Property Rehabilitation Measures (CPRM) to ensure the mitigation and enhancement plan for the temples, mosques, churches and shrines. The Resettlement Action Plan (RAP) prepared by KSTP for the KSTP II up-gradation component largely governs the mitigation on social aspects. The RAP has been prepared for all KSTP II project roads to address land acquisition, compensation and resettlement and rehabilitation. No archaeological structures will be impacted due to the proposed improvement of the three project roads.




E.6. SUMMARY OF ENVIRONMENTAL & SOCIAL ISSUES

The project roads pass through the vegetation-covered midland and highland. The Project Influenced Area is predominantly coastal and estuarine, and accommodates a significant portion of mangroves in Kerala Many sections of all the three links are prone to flooding, while the entire project corridor is uniformly erosion prone on a minor scale. Along link 74, low land and mid land region is erosion prone while the highland is susceptible to land slides and land slips. Tree species present along project road are mostly indigenous in nature, like mangoes, tamarind, jackfruit tree and occasional banyan trees. Alignment has been finalised avoiding and minimising the impact on these cultural properties.

Further the project road passes through coastal and estuarine areas, hence, construction activities should be carried out with all precautionary measures as presented in EMAP. An expected increase in traffic will be the second major issue. The increase in traffic could lead to the re notification of the project road as National highways due to the safe and standard road designed under the project. The other minor issues are land acquisition problems, disturbance to the CRZ areas along stream courses etc. Except isolated water bodies like ponds, all water bodies connected to sea area and experiencing tidal action. coming under the purview of the CRZ notification. The remaining issues are similar to that of any road-widening project such as dust, road safety, traffic disruption, construction and operational noise, tree cutting, borrow and quarry area issues etc.

E.7. ANALYSIS OF ALTERNATIVES

It is customary to include a ‘No Action alternative’ in order to confirm that the project up gradation is a requirement of the people of Kerala and hence need to be implemented. The link roads are important highways for the overall development of the State. The ‘no action alternative’ will not allow any of these improvements therefore cannot be acceptable to the local people.

No bypasses are proposed for project link roads. There are four realignments considered along Link 69&68 and 31 realignments along Link 74. Details of Realignment locations for the link roads are presented in TABLE E.5

Table E.2. Realignment along Package IV Corridors

SL. NO

NAME OF THE LINK LINK

NO. TOTAL

LENGTH (KM) NUMBER OF

REALIGNMENTS TOTAL LENGTH (M)

1 Pilathara - Pappinissery 68 20.90 4 380 2 Kasargod – Kanhangad 69 27.74 4 1050 3 Thalassery – Valavupara 74 52.80 31 5085

TOTAL 6515

The ‘no action alternative’ will not resolve this issue; on the other hand, due to the standard improvements to the project road it is most likely that the project road will serve as a much safer road for the tourists/pilgrims. Considering the land use, environmental features, road geometry etc. Optimum levels of improvements have been proposed for the project as listed out in section E.2. Further, the project has undergone a road safety audit and a number of junction alternatives were necessary to include in the project. In all three link sections, issues of flooding, land slides etc. have been addressed in the area. A ‘non action alternative’ for this is no longer acceptable to people in the region, hence included as an additional item during KSTP II.

E.8. ENVIRONMENTAL MANAGEMENT PLAN

The Environmental Management Plan (EMP) prepared for the project is a separately bound volume supporting the EIA report. The main component of this document is Environmental Management Action Plan (EMAP prepared for the KSTP project) clearly describing activity wise mitigation measures for various impacts upon each environmental attribute like land, air, water, noise, flora and fauna and human habitats. EMAP has been further classified into two types. Generic EMAP (mitigation measures common for all roads) and link specific EMAP (mitigation and enhancement measures specific to link roads). The EMAP provides various institutional arrangements for understanding ‘who is doing what’




including PMT, CSC and the contractors, by assigning responsibility for implementation and its monitoring. It also cross refers the relevant document applicable for each mitigation measure like engineering drawing volume for relevant drawings, BOQ for cost of the item, and Contract clauses nos. in the contracting document as applicable. The Contractor has to adhere to the various EMP requirements; Construction Supervision Consultants (CSC) will be monitoring various implementation arrangements and PMT will be handling overall project management.

E.9. ENVIRONMENTAL ENHANCEMENTS

Several measures have been proposed for enhancing the environment and social aspects. These measures include planting of trees and shrubs beyond that is required according to the law, construction of retaining walls and guardrails, bus bays, parking areas, bus shelters with kiosk, cultural property enhancement, landscaping of oxbow lands, providing sign boards , preserving and landscaping cultural properties etc. The link specific Mangrove Afforestation Plan, which aims to enhance coastal environment, is one of the major enhancement measure proposed as part of this project It includes planting of mangroves, construction of retaining walls and guardrails.

E.10. ENVIRONMENTAL MITIGATION COSTS

The BOQ 11, which provides environmental mitigation and enhancements costs and BOQ 2 & 3, which gives several provisions for environmental mitigation (eg. Top soil preservation) are also reproduced in EMP report.

The total project cost (including environmental mitigation and enhancement cost) of the link road 69, 68 and 74 is Rs.1089.17 million rupees, Rs.986.74 million rupees and Rs. 1853.39 million rupees respectively. The environmental mitigation and enhancement costs are included in the BOQ for contractor for ensuring the implementation of all mitigation and environmental enhancement measures. The estimated environmental mitigation and enhancement cost for link road 69, 68 and 74 is Rs. 18.07 million rupees, Rs. 12.13 million rupees and Rs. 27.34 million rupees respectively. The KSTP II environmental training, travel & administrative and monitoring equipment and information dissemination and mangrove and Type A & B oxbow development cost for each link road 68 and 74 is estimated to Rs. 34.45 million rupees for the up gradation programme which has to incurred by KSTP. However for link 69, along with above items including environmental enhancement measure, cost is estimated to Rs. 35.25 million rupees.

E.11. PUBLIC PARTICIPATION & CONSULTATION

A series of FGDs were arranged jointly by KSTP officials and the consultants along the project roads on 26th and 27th of July, 2012. Altogether the team met 94 persons representing various segments of society such as drivers, merchants, and pedestrian passengers. During public consultation, two types of queries or concerns were raised by the public - general queries like concerns on RoW of the road, traffic management system during construction phase, compensation for land, road safety of passengers and pedestrians during construction phase, speed limits during and after construction, access to road side buildings, mechanism to ensure the construction quality etc. Specific queries included concerns such as provisions for road safety measures such as foot paths, cycling paths, road furnitures, tree plantation at safe distance from road, land margin for utilities, slope protection measures at high lands, vacating the land acquisition cases in court, traffic congestion at ROB location etc.

All the above environmental queries raised by the community during the FGD were suitable addressed by the KSTP officials during the consultation and incorporated to the extent possible in the project preparation. As part of the proposed future consultations, follow up public consultations for the Phase II roads at the project road link level are proposed to be organised during the construction period till the completion of the project.

E.12. PENALTY CLAUSE

To ensure that EMP is implemented effectively, a penalty clause has been introduced into the bid document under Sub-Clause 14.6 (Protection of the Environment) as follows:




The Contractor shall implement all mitigation measures for which responsibility is assigned to him as stipulated in the EMP Report. Any lapse in implementing the same will attract the penalty clause as detailed below: 1. All lapse in obtaining clearances / permissions under statutory regulations and violations of any

regulations with regard to eco-sensitive areas shall be treated as a major lapse. 2. Any complaints of public, within the scope of the Contractor, formally registered with the CSC, or

with the PWD complaint cell and communicated to the contractor, which is not properly addressed within the time period intimated by the CSC / PMT shall be treated as a major lapse.

3. Non-conformity to any of the mitigation measures stipulated in the EMP Report (other than stated above) shall be considered as a minor lapse.

4. On observing any lapses, CSC shall issue a notice to the Contractor, to rectify the same. 5. Any minor lapse for which three reminders were given and still not rectified shall be treated as a

major lapse. 6. If a major lapse is not rectified upon receiving the notice, CSC shall invoke the penalty clause, in the

subsequent interim payment certificate. 7. Penalty for major lapses shall be with-holding of 10% of the interim payment certificate, subject to a

maximum limit of Rs. 30 lakhs.

If the lapse is not rectified within three months after withholding the payment, the amount withheld shall be forfeited.

E.13. MONITORING AND REPORTING PROCEDURES

A robust monitoring and reporting system is mandatory to ensure compliance to EMAP by the contractor. The monitoring and reporting system evolved for KSTP-II is shown in Error! Reference source not found. and is integrated into EMAP table and its annexures. It comprises following three parts:

(A) Monitoring and reporting of environmental management measures for project related facilities like construction camp, labour camp, quarry area, borrow area and debris disposal site,

(B) Monitoring and reporting of environmental management measures for overall project, and

(C) Monitoring and reporting of quality of environmental parametres like air, water and noise.

This monitoring and reporting system attempts to pre-empt much of the environmental issues created during construction and post construction stages and provides the necessary feedback for CSC / PMT to make sure that EMAP is implemented in full spirit. Instead of a linear reporting system, this system works on a two way basis – initial reporting by contractor followed by monitoring by CSC based on contractor’s reports. Responsibilities for monitoring will rest with the Environmental Officer of the Supervising Consultant reporting to the PMT and EMU at KSTP.

E.14. PUBLIC DISCLOSURE

. The wider dissemination of information to public shall be undertaken by PMT through the disclosure of EIA / EMP reports in the website of PMT. At the project site, i.e. the direct impact zone, information boards shall be displayed at critical and pre-identified locations to disseminate the project details. Such information boards shall display project name, contractor’s name, concerned official’s name in Contractor’s office with his designation and contact no., name and contact details of an authorised official in local PWD divisional office. These information boards shall also mention the availability of a complaint register with ESE of the Contractor. Under the RTI Act, 2005, Contractor is also duty bound to share any information demanded by the public, pertaining to any aspect of the project, as and when it is demanded.

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