Puerto Bueno mining conditions

Below are the 72 conditions to which Jamaica World, owners of Bengal Development Ltd, will be subjected for a quarrying and mining permit.

1 The permittee shall comply with the representations made in the permit application and project information forms, both dated 14 October 2013, received and date-stamped March 3, 2014; project brief titled ‘Proposed Rio Bueno Quarry – Project Description received and date-stamped March 3, 2014; EIA report titled Environmental Impact Assessment – Proposed Quarrying and Mineral Processing at Rio Bueno Quarry, Dry Harbour Mountain, Discovery Bay, St Ann – Final – Revised No 3, dated May 2019 received and date-stamped June 14, 2019 by the authority; and all other accompanying addenda.

2The permittee shall ensure that all correspondence, notifications, plans, reports or any other documents being submitted to the agency pursuant to any general and/or specific conditions of the permit, are addressed to managers, enforcement and applications secretariat branches, National Environment and Planning Agency (NEPA).

3 The permittee shall develop and submit a plan to the Forestry Department to reforest land commensurate in size with the hectares of forest to be lost due to the permitted activity. The reforestation plan must include details on the activities to be executed by the permittee to guarantee the establishment of forest cover on the identified site, which includes but is not limited to the identification and acquisition of appropriate species; acquisition of skilled labour; land preparation and planting of the seedlings; and maintenance of the reforested plot(s) for at least three years after planting. This plan must be approved by the Forestry Department and submitted by the permittee to NEPA at least one month prior to the commencement of mining/quarrying operations.

4Within 30 days of receipt of the permit, the permittee shall pay an administrative fee in the sum of J$4 million to NEPA to facilitate special monitoring in year one of the development.

5 The permittee shall maintain a complaints register at a location which is accessible to the public. The complaints register should contain a log of all written and verbal complaints that specifically refer to concerns associated with the permitted facility. The log must include a record of the permittee’s actions to investigate the validity of each complaint and a record of actions taken to address each complaint. The permittee shall submit an electronic copy of the complaints register to the agency monthly.

6 The permittee shall establish a grievance framework for the development. This framework should be publicised and circulated to all citizens’ association in proximity to the development. An outline of the grievance framework should also be posted at the entrance of the development.

7 The permittee shall submit a copy of the grievance framework to the manager of the Enforcement Branch of NEPA within two months of the date of issue of the permit.

8The permittee shall implement all the mitigation measures as proposed in Section 6.0 of the EIA – Proposed Quarrying and Mineral Processing at Rio Bueno Quarry, Dry Harbour Mountain, Discovery Bay, St Ann, Final Revised No 3, dated May 2019 received and date-stamped by the authority 14 June 2019.

9 The permittee shall execute a deed of indemnity, indemnifying the authority and the Government of Jamaica against all actions, proceedings, claims, losses, damages, injuries, demands, costs and expenses which may become payable by the authority or the Government of Jamaica as a result of any works carried out in pursuance of this permit.

10 The permittee, in consultation with the Forestry Department, shall develop and submit an afforestation/replacement forest plan to replace forest cover commensurate with the acreage to be lost. This plan shall be approved by the Forestry Department and submitted to NEPA within 90 days of the issue of the permit.

11 The permittee shall, pursuant to specific condition 10, agree with the Forestry Department on compensation and location for replanting, prior to the commencement of mining/quarrying operation.

12 The permittee shall ensure that the forest area outside the approved area as permitted in the environmental permit for mining and quarrying (terrestrial, riverine and marine) (2014-06017-EP00040) is retained in its natural state and remains completely undisturbed during the operational and restoration phases associated with the quarry.

13 The area to be maintained in its natural state shall be designated under a Tree Preservation Order pursuant to the Town and Country Planning Authority Act, Section 25, and clearly demarcated with appropriate perimeter fencing. The permittee shall also erect signage which clearly describes the area designated under the order.

14 The permittee shall engage the services of a professional botanist, with at least five years’ experience with a master’s in botany, to provide technical support for monitoring and enforcement of the floral components of the project under the direction of the agency.

15 The permittee shall, pursuant to special condition 14, identify replanting site or establish a nursery and supervise relocation activities of endemic, rare and threatened species prior to the commencement of, and during the mining/quarrying activities. The permittee shall monitor indirect impacts on endemic, rare and threatened plant species surrounding the mining/quarrying site.

16The permittee shall submit for approval a plan for phased vegetation clearance to the manager of the Enforcement Branch and the manager of the Ecosystems Management Branch, and shall notify the agency at least two weeks before conducting vegetation clearance on a phased basis.

17 The permittee shall notify the managers of the Enforcement Branch and Ecosystems Management Branch, NEPA, in writing when the flagging exercise of endemic, rare and threatened plant is completed and at least two weeks prior to the clearance of the area slated for development.

18 The permittee shall notify the manager of the Ecosystems Management Branch immediately of any protected fauna and flora observed on the project site prior to, and during, operation of the project.

19 The permittee shall not disturb the vegetation cover and the land immediately surrounding the boundaries of the project site. A vegetation buffer of between 70 and 100m shall be maintained from the boundary of the project site (50 hectare) to the residents to the west as well as the conservation area to the east.

20The permittee shall conduct an air emissions inventory of the quarry over a 12-month period and shall submit the findings to the agency to determine if an air pollutant discharge licence is required in accordance with the Natural Resources Conservation Authority (Air Quality) Regulations, 2006.

21 The permittee shall conduct routine monitoring for the PK and shall submit the reports to the agency monthly, commencing 30 days after start of operations.

22 The permittee shall submit a fugitive-emission control plan to the managers of the Air Quality and Enforcement branches, NEPA, for its approval at least 30 days, prior to the start of operations: The fugitive emission-control plan shall include, among other things, mitigation measures to be implemented to address/minimise all dust emissions from the operations of the facility, which includes, but is not limited to:

a. Dust emissions from transportation of materials; and

b. Dust emissions from road surfaces and stockpiles.

23 The permittee shall notify the manager, Enforcement Branch, NEPA, in writing of:

a) the date of commencement of construction of the drainage system and haulage roads;

b) the date when the facility will be commissioned at least two weeks prior to construction and commissioning.

24 The permittee shall ensure that the noise level during operation does not exceed 85 decibels at the boundary of the site.

25 The permittee shall ensure that work is carried out between the hours of 9 a.m. and 4 p.m. from Mondays to Fridays. There shall be no work on Saturdays, Sundays and public holidays. Any work to be done outside of this period will require the permission of the authority.

26 The permittee and/or its agents is prohibited from undertaking blasting activities or use of explosives on site, save and except with the expressed written approval of the Mines and Geology Division. A copy of the approval shall be submitted to the manager of the Enforcement Branch of NEPA.

27 The permittee shall ensure that trucks are deployed at intervals not less than 15 minutes apart to reduce the likelihood of convoying and to reduce the possible risk and nuisance to road users and surrounding residents.

28 The permittee shall ensure that security personnel and flagmen are strategically placed along the trucking route during the hours of operation.

29 The permittee shall construct signs to indicate the location of the overburden storage area and the storm water-detention pond. The signs shall be a minimum dimension of 1.5m wide, 1m high, with title lettering 100mm high and secondary lettering 50mm high.

30 The permittee shall erect legible signs along the main road, on both the right- and left-hand lanes, within 15m of the entrance to the quarry, indicating the entry of heavy trucks on to the roadway, as well as warning signs at strategic points along the main access and haulage routes.

31 The permittee shall erect a legible sign indicating the name of the licensee, quarry licence number, and the material to be quarried at the entrance to the quarry site.

32 The Jamaica National Heritage Trust shall be notified immediately of any activity that may involve the excavation of an archaeological or historical site in order to facilitate assessment and preservation.

33 The permittee shall develop an emergency response plan for the proposed quarry with the approval of the Office of Disaster Preparedness and Emergency Management and Fire Department. The emergency response plan shall be submitted to NEPA within 90 days of the date of issue of this permit.

34 The permittee shall develop a detailed operational and maintenance manual along with a contingency plan for the proposed operation and submit to the manager of the Enforcement Branch, NEPA, for approval, with copies to the director of the Environmental Health Unit in the Ministry of Health and Wellness, within 30 days of the date of this permit. The plan shall cover, but not be limited to, maintenance of the various components of the project and provisions for malfunctions and emergencies.

35 The permittee shall inform the agency in writing of the person(s) and/or company responsible for the maintenance of the facilities prior to commissioning of the quarry and prior to any changes in the management of the quarry, pursuant to specific condition #34.

36 The permittee shall ensure that the storm water-drainage plan is implemented based on the design approved by the National Works Agency (NWA) in the letter dated February 12, 2020.

37 The permittee shall develop a detailed maintenance plan for the drainage system and landslide mitigation measures to include, but not limited to, scour protection, erosion and sediment control, cleaning of silt traps and check dams, cleaning of detention pond, maintenance of design depth, overflow weir, frequency of pond and drain cleaning and submit to the manager of the Enforcement Branch, NEPA, for approval within three months of the date of issue of this permit.

38 The permittee shall ensure that all drainage features are effectively maintained and managed by experience personnel in accordance with the approved maintenance plan.

39 The permittee shall inform the agency in writing of the person(s) and/or company responsible for the execution of the maintenance plan prior to commencement of mining operations and prior to any changes in the execution of said plan pursuant to specific conditions 34 and 35.

40 The permittee shall ensure that the necessary approvals are obtained from the St Ann Municipal Corporation and the NWA prior to the construction/improvement of haulage roads within and outside of the precincts of the quarry site.

41 The permittee shall implement the appropriate soil erosion and landslide mitigation measures, including, but not limited to, retaining walls, terraces, gabions in those areas where new road cuts are proposed.

42 The permittee shall ensure that earth berms are constructed on the out slope of haul roads to avoid overturning of trucks.

43 The permittee shall inform NEPA in writing at least two weeks of the following construction schedules for haulage roads to allow for inspection:

a) Cut locations above 4.5m;

b) Fill locations; safety berms above steep depressions;

c) Start of soil stabilisation;

d) End of soil stabilisation; and

e) Final inspection.

44 The permittee shall submit to the enforcement manager details of all sections of new/existing haulage roads that will result in cuts and/or fills above 4.5m and the specific slope stability treatment/method that is proposed for implementation. No construction activity at such locations of the alignment shall proceed prior to approval being granted.

45 The permittee shall report on the status of the construction of the haul roads to the enforcement manager, NEPA, on the last Friday in every month.

46 The permittee shall submit to the agency and the Mines and Geology Division within 14 days of the date of issue of the permit an overburden storage and management plan. The plan should include, but not be limited to, the geo-referenced location of the storage site, methods by which material will be stored, estimated volume of material to be stored, measures to contain the material and rehabilitation measures.

47 The permittee shall ensure that under no circumstances shall loose material (soils, rocks) be placed within waterways or gullies. All tailings and overburden shall be carted off-site to an approved dump site.

48 The permittee shall ensure that under no circumstances should overburden material, including tailings, top soil, marl, vegetation, boulders or rock fragments, be stored or placed on any slopes within or outside of the quarry zone as a consequence of the operation.

49 The permittee shall first obtain an abstraction licence from the Water Resources Authority for the abstraction of water from any source if considered necessary.

50 The permittee shall not cause or permit the discharge of any chemical or hazardous substances to any waterway.

51 The permittee shall implement measures to reduce the impact of soil erosion and run-off on the site and the communities downstream.

52 The permittee shall ensure that the domestic solid waste generated during the construction and operational phase of the development is disposed of at a municipal dump site with the approval of the National Solid Waste Management Authority (NSWMA). A copy of the approval from the NSWMA shall be submitted to the enforcement manager, NEPA, prior to the commencement of the development.

53The permittee and/or agents shall not bum any waste or debris on the site.

54The permittee shall ensure that the long-term sewage treatment and disposal system is to the tertiary level.

55 The permittee shall obtain the respective environmental licences for the sewage treatment and disposal facility pursuant to the Natural Resources Conservation (Wastewater and Sludge) Regulations 2013.

56 The permittee shall ensure that there is adequate provision of portable chemical toilet for the use of the construction workforce. All portable units (chemical toilets) shall be installed with the approval of the local health authority.

57 The permittee shall ensure pursuant to specific condition 56 that the sewage from the portable chemical toilets are collected and treated at an existing approved sewage treatment facility to the satisfaction of the local health authority.

58 The permittee shall develop a compliance plan and phased quarry restoration plan which include, but are not limited to, the methodology for the identification, removal and safeguarding of endemic, rare and threatened species, the reintroduction of keystone floral species that are important to fauna species identified in the area, as well as the identification of the necessary expertise, infrastructure and monitoring of plans and submit a copy of the plan to the manager of the Enforcement Branch, NEPA, and to the Mines and Geology Division for approval within three months of the commencement of the project.

59 The quarry restoration plan shall be implemented in phases at the end of mining of individual benches. No new bench shall be excavated until the restoration of the previous bench is completed to the satisfaction of the NEPA and the Mines and Geology Division.

60The permittee and/or its agents shall design and submit to the authority an environmental monitoring programme for the operation of the quarry within 30 days of the date of issue of the permit. The monitoring points must be geo-referenced.

The programme should include but not be limited to:

(a) Air-quality sampling;

(b) Location of monitoring sites; and

(c) Monitoring frequency;

(d) Waste handling and disposal;

(e) Mining operation and disposal of tailings;

(f) Overburden disposal site;

(g) Blasting;

(h) Erosion and landslide management; and

(i) Road construction and maintenance.

61Monitoring should be undertaken by suitably qualified person(s).

62The permittee shall not undertake any work without the submission and approval of the monitoring programme.

63The monitoring programme shall be undertaken in accordance with specific condition 60 and the monitoring report shall include, but not be limited to:

a) The date, exact place and of sampling or measurements;

b) The name and qualification of the person(s) responsible for performing the sampling or measurements;

c) The date(s) analyses were performed;

d) The name and competence of the person and/or company carrying out the analyses;

e) The analytical techniques or methods used; and

f) The results of such analyses.

64Pursuant to specific conditions 15, 21, 60, and 63, the results of all monitoring activities shall be recorded and compiled in a manner that reflects the true value of the monitoring exercise and shall be submitted in the form of reports to the NEPA, with copies to the WRA and the Mines and Geology Division. Reports shall be submitted:

a) First monitoring report shall become due one month after the date of commissioning of the quarry; and

b) Quarterly thereafter during the operation phase.

65The permittee shall ensure that all activities related to the operation of the quarry are supervised and managed on a daily basis by qualified personnel for the duration of the project.

66The permittee shall develop and submit to the authority and the Mines and Geology Division a ground-control management plan for the quarry within 30 days of the date of issue of the permit. The plan shall be implemented during the operation of the quarry and reviewed at least twice yearly.

67 The permittee shall submit for approval the design considerations for the construction of quarry benches to the Mines and Geology Division within 30 days of the date of issue of the permit. The approved design is to be submitted to the manager, Enforcement Branch, NEPA, within 90 days of the date of issue of the permit.

68The permittee shall ensure that the agency and the Mines and Geology Division are notified in writing at least one week prior to the start of the excavation of the quarry bench to allow for inspection.

69 The permittee shall ensure proceedings from the top of the slopes along established benches.

70 The permittee shall apply to and obtain approval from the authority for an environmental permit and/or licence for any subsequent development on the property in accordance with the Natural Resources Conservation (Wastewater and Sludge) Regulations, 2013; Natural Resources Conservation (Permits and Licences) (Amendment) Regulations, 2015, and Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise, Construction and Development) (Amendment) Order, 2015 prior to the commencement of these developments.

71The granting of this permit does not set aside the permittee’s legal responsibilities pursuant to statute and/or contract. These include, but are not limited to, building permission under the Building Act, planning permission under the Town and Country Planning Act, modification/discharge of restrictive covenant(s) and any other environmental permits and environmental licences under the Natural Resources Conservation Authority Act.

72The permittee shall apply for approval from the authority for any change in the operation of the facility, including any subsequent development or expansion of the property. The permittee shall not implement any such variations without the prior written approval of the authority.