TERMS OF REFERENCE

ON
INITIAL ENVIRONMENTAL EXAMINATION (IEE)
Of

Table of Contents
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1. Introduction
1.1 General
1.2 Proponents
2. Relevancy of the Industry Proposal
2.1 Background
2.2 The Proposal
3. Objective and Scope
3.1 Objectives of the Study
3.2 Scope of the Study
3.3 Task
4. Applicable Acts, Rules and guidelines
5. Approach and Methodology
6. IEE Report Contents
7. Qualification
7.1 Consulting Firm
7.2 Manpower
8. Duration and Reporting Requirements
8.1 Duration
8.2 Reporting Requirements
Abbreviation
References

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1. Introduction

1.1 General

This Terms of Reference (ToR) is prepared to conduct Initial Environmental Examination

(IEE) of Thulo Bharku-Barbal Rural road, in Rasuwa, district. The road passes thorough
Langtang National Park crossing within 5 km. area. The road is planned to be
constructed in this fiscial year 2064-65 under finance of District Development
Committee, Rsuwa district.

The proposed road is started from Bhaku with its alignment on Langtang National Park
and end at Thulo Syapru Rsuwa.The main settlement in the proposed route are Thulo
Bharkhu-5, Sano Bharkhu, Barbal-8 and Thulo Syafru-3.

An IEE of the proposal is necessary in order to assess the environmental consequences

of the proposed construction of rural road and suggest appropriate, practical and site
specific mitigation and enhancement measures. The DDC Rasuwa, now wishes to
undertake the IEE with the initiation of Langtang National Park by hiring consulting firm
to construct the IEE study of the proposed road.

As per the National Parks and Wildlife Conservation Act 2029 Article 5 and Article 6
states for prior permission of the GON before establish such types of development
activities in the park area of the National park and Environment Protection Rules (EPR)
1997 (amended 1998) Schedule 1 section 15 requires an IEE for the proposed road
construction.

1.2 The Proponent

The DDC Rasuwa has requested to Langtang National Park for conducting the IEE study
of Thulo Bharku-Barbal Rural road. The Langtang National Park has authorized a
consulting firm namely Institute of Ecology and Environment (IEE), Kathmandu to full fill
the criteria of the developmental work undertaken in and within the national Park. The
Institute of Ecology and Environment is a private profit oriented organization and working
in the field of Environmental Assessment of developmental projects.

Hence, the private consulting firm owns the responsibility to conduct IEE study of
proposed road with close coordination of Langtang national Park. The DDC Rasuwa
and Langtang National Park, in Rasuwa district is, therefore, the Proponent. Following
is the address of the Industry Proponent:
District Development Committee
Langtang National Park, Ward No. 8, Dhunche Rasuwa
district. Nepal.
Telephone: 977-10- Fax;

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2. Relevancy to the Industry Proposal
2.1 Background

The proposed Thulo Bharkhu-Brabal Rural road at buffer zone area Thulo Bharku and
Brabal of Langtang National Park (areas 6.5km.) in the Central Himalaya 125km. far
from Kathmandu. The road starts from Thulo Bharkhu, Syafru VDC – 5 to end at Brabal,
Syafru VDC ward no 8.

The Thulo Bharkhu-Brabal rural road has already accessible, constructed under the
Department of Local Development and Agricultural Roads (DoLIDAR)/ Rural Access
Improvement and Decentralization Project (RAIDP).

The Thulo Bharkhu-Brabal rural road passes from the Langtang national Park area with
forest area of road alignment.

The complex topography and geography together with the varied climatic patterns have
enabled a wide spectrum of vegetation type to be established. These include small areas
of subtropical forest (below 1000 m), temperate oak and pine forests at midelevation,
with alpine scrub and grasses giving way to bare rocks and snow.

Oaks, chir pine, maple, fir, blue pine, hemlock, spruce and various species of
rhododendron make up the main forest species.

Along with the existing forest cover, approx. 25% of the total area provides habitat for a
wide range of animals including wild dog, red panda, pika, muntjack, musk deer,
Himalayan black bear, Himalayan tahr, ghoral, serow, rhesus monkey and common
langur. The Trisuli-Bhote Koshi forms an important route for birds on spring and autumn
migration between India and Tibet.

About 45 villages (846 households=ca. 4500 people) are situated within the park
boundaries, but they are not under park jurisdiction. In total, about 3000 households (ca.
16,200 people) depend on the park resources for wood and firewood. Culturally the area
is mixed, the home of several ethnic groups which have influenced the natural
environment over the centuries.

2.1 The Proposal

As per the government legislation IEE study is necessary for the infrastructure works in
the national park and its buffer zone area.

Environmental concerns related to the proposed industry apparent at the stage of ToR
formulation according to the provision of EPR 1997 requires that the Lanftang National
Park will prepare a Terms of Reference (ToR) in the format prescribed in Schedule 3
before going ahead with an IEE. The concerned ministry must approve this ToR.

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3. Objective and Scope

The overall objective of the study has been to complete the environmental process and
procedure stipulated in GoN regulation an Environmental impact studies of
developmental industry, Particularly undertaking IEE of the production, processing and
PET Bottles Manufacturing, proposed by the Himalayan Spring Water Company (P.)
Ltd., in Rasuwa district.

The study will also contribute in enhancing the Production and Processing of Natural
Spring Water in implementing environmental safeguard provisions. This will include
capacity building and raising awareness of DDCs and other relevant stakeholders at
districts regarding the environmental safeguard provisions, processes and procedures
including environmental screening, field verification, conducting IEEs, implementation
mitigation and safeguard measures, and environmental monitoring and management.

3.1 Objectives of the Study

The specific objectives are to:

• establish environmental baseline condition of the industry locality by identifying
important environmental features like Physical, Biological, Socio-economic and
Cultural and document their existing condition, including trend of change.
• identify any environmental problems/ difficulties that are existing now due to the
production and processing of the natural spring water nature/extent / significance
of the problems/ difficulties.
• identify the significant environmental issues/ concerns (physical, biological, and
socio-cultural-economic) that can arise from the proposed production activities.
• predict and assess the significant environmental impacts (adverse and beneficial)
due to the establishment of the industry and its activities.
• recommend practical and site specific environmental mitigation and
enhancement measures, and prepare monitoring plan.

3.2 Scope of the Study

The scope of the work will include the following sectors of environment in the industry
locality/ corridor, typically within 1.5 km on both sides of physical, biological and
socioeconomic environmental influence areas. The IEE will consider the likely
environmental consequences that may arise as a result of the proposed industry during
the production, Processing of Natural Spring Water and PET Bottle Manufacturing
periods.

a) Physical / chemical environment

b) Biological environment
c) Socio- economic and cultural environment

a. Physical/ chemical environment

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The issues and concerns generally related to physical / chemical environment typically
include, but not necessarily limited to;

• slope instability and soil erosion particularly in the hilly terrain due to various
activities including slope cutting, spoil dumping, quarrying, concentrated flows
due to water diversions and inappropriate drain outfalls.
• disruption to natural drainage pattern / hydrology leading to inundation and
increasing causing flood damage risks.
• degradation of air quality (particularly dust) and increase in vibration/ noise 
change in the quality and/ or quantity of water of water sources or water bodies
(e.g. spring, stream, wetland, etc).
• change in land use including development nearby the settlements
• assessment of the potential cumulative environmental impacts due to the
construction activity.

b. Biological environment

The issues and concerns generally related to biological environment typically include, but
not necessarily limited to:
• loss or degradation of forests and vegetation. This includes all forest areas
including protected and conservation areas, state or community or leasehold or
private forest.
• impact on wildlife including birds due to loss or degradation of habitat, increased
hunting and other form of human pressure. Particularly, impacts on the
endangered floral and faunal habitats/ ecology due to increased access to and
demands on forests
• impacts on the local ecology and ecological balance/ functions

c. Socio-economic and cultural environment

The issues and concerns generally related to socio- economic and cultural environment
typically include, but not necessarily limited to;
• loss or degradation of farm land (Khet and Bari) and productivity directly or
indirectly (such as due to occupation of land, disposal of spoils, diversion of water
/ drain waters, or disruption of hydrology/ natural drainage, quarrying, burrow pits
etc)
• loss or degradation of private properties such as houses, farm sheds, and other
structures, crops and fodder / fruit trees
• impact on community infrastructure such as irrigation, water supply, schools,
health post, trail and trail bridges,
• impacts on health and sanitation
• impacts on social structures, employment opportunities, economy, cultural values
• impacts on cultural, religious and archeological sites

3.3 Task

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The following tasks will perform in accordance with the accepted professional standard
and defined procedures. The study will be also followed with orientation briefing with
DNPWC and Lantang National Park, which is already discussed and guided after signing
the contract. Following this and prior to the start of fieldwork, this is required to make an
inception presentation and plan of the works. Following tasks of the study will be strongly
carried out and included in the draft report:

Task 1: Conduct walk-through survey along factory and identify the significant
environmental features (physical, biological socio-economic and cultural)
located in the influence area and likely to be affected by the proposed
production activities. The principle guidelines to be followed are outlined
under the National Park Act and Buffer Zone Management Guideline.

Task 2: Collect necessary information about the significant environmental features in

order to establish their present conditions and trend of change.

Task 3: Collect information about existing environmental problems and difficulties in

the factory established area.

Task 4: Conduct stakeholder consultation including community meetings and

meetings with other concerned institutions at the district headquarters (such
as DDC, District Agriculture Office, District Water Supply Office, District Soil
Conservation Office, District or /and Ilaka Forest Office, NGOs active in the
proposed road corridor, etc) ) to determine that all stakeholder concerns
have been addressed.

Task 5: Analyze the information to confirm the significant positive and negative
consequences of the proposed establishment in the physical/ chemical,
biological, socio-economic and cultural environment. Additional aspect of
the analysis is to assess the environmental problems and difficulties
existing at present, without the proposed Production, Processing of natural
spring and PET bottle Manufacturing.

Task 6: Alternative analysis. Various options and alternatives of production activities

for example location and type of structures, technology, and change in
establishment area, schedule of production etc as well as no establishment
option needs to be analyzed to see the consequences of the spring water
production.

Task 7: Identify and recommend appropriate and site specific environmental impact
prevention, mitigation and enhancement measures, including cost
estimates for these measures.

Task 8: Prepare environmental management, supervision and monitoring plan for

the industry for both the implementation and operation periods, in close
consultation and agreement with the community.
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 Task 9: Prepare Initial Environmental Examination Report of the industry for
submission to and approval of MoFSC.

For the preparation of IEE report work will be closely make with DNPWC, Warden- LNP,
DDE, DTO staff and DDC in the district level

4. Applicable Acts, Rules and guidelines

The IEE study will fulfill or be guided by the requirements and provisions of the following
acts, rules and guidelines as applicable.

i. Environment Protection Act (EPA) 1996 and Environment Protection

Regulation (EPR) 1997 (amended 1999) ii. National
Environmental Impact Assessment Guidelines, 1993
iii. Forest Act, 1992 and Forest Rules 1995
iv. National Park and Wildlife Conservation Act, 1973 and Conservation
Area Management Rules, 1996.
v. Local-Self Governance Act, 1999 and Local Self-Governance Rules,
2000
vi. Land Acquisition Act 1977
vii. Buffer Zone Regulations, 1996
viii. Buffer Zone Management Guideline 1999
ix. Nepal Biodiversity Strategy, 2002
x. Convention on Biological Diversity, (CBD) 1992
xi. Convention on International Trade in Endangered Species of Wild Fauna
an Flora (CITES), 1975
xii. Ramsar Convention, 1971
xiii. Water Act
xiv. Industry Act 2053

5. Approach and Methodology

5.1 General Approach

The IEE approach, methodology and procedure will generally follow the provisions of the
Environment Protection Act (EPA) 1996 and Environmental Protection Regulation (EPR)
1997. The methodology approach to be used for conducting the IEE include review of
literature, document analysis, field survey/ inspections/ observations making simple
measurements, discussion with communities and other stakeholders.

5.1.1 Literature Review/desk Study

Desk study will include interpretation of relevant maps, collection and reviewing of
related polices laws, strategies and guidelines. Major portion of secondary information
shall be drawn from the draft management plan for this study. Consultations with
concerned stakeholders in Kathmandu will be made as per need. The major highlights of
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the IEE report and the draft Management Plan shall be summarized in Nepali language
and sent with 15 days public notice to the concerned Village Development Committee,
Office of the District Development Committee, schools, hospitals and health posts as per
the provision of Rule 7(2) of the EPR 1997. Concerned stakeholders and individuals
shall be disclosed information of the plan by issuing a 15 days notice in a national daily
newspaper with requesting written comments. All the necessary arrangements will be
made for the field study and preparation of the IEE report.
5.1.2 Documents Analysis
Some documents relating to national and district level road Production, Processing of
natural spring and PET bottle manufacturing activities was already collected for analysis.
The Ministry of Forest and Soil Conservation/DNPWC provides documents that are
already a matter of public record will be collected. Besides, the pertinent documents,
which have taken into consideration, are the policy and plan documents of Himalayan
Natural Spring water Company and all the documents relating to road Production,
Processing of natural spring and PET bottle manufacturing activities carried out by the
company. The documents like district profile, Walkthrough survey, Social, Environmental
and Technical summary, Source Books, Environmental Management Guidelines, District
Profile, Approved TOR, and other documents from district level like Forest, Agriculture,
Irrigation, Livestock, and VDCs level information will also be collected.

5.1.3 Publish Public Notice

A 15-day notice to be published in a national daily newspaper with close consultation
with the DNPWC and concerned DDC offices and notified at VDC/Municipality, DDC,
school, hospital/health post or other stakeholders. Comments and suggestions received
through such a notice needs to be included in the IEE report.

5.1.4 Field Survey

A multi disciplinary team will be formed to carry out IEE study on the proposed study.
This team will visit industry area including buffer zone to gather primary information
regarding baseline data and information, environmental impacts and practical mitigation
measures. The proponent will identify, predict and evaluate environmental impacts of the
objectives, strategies and activities as outlined in the draft management plan.
Field Survey at the district and local level comprises Walkthrough survey, Consultation,
Site inspection and observation following checklist will be used for collection of primary
data for the fulfillment of different environmental issues and parameters.

i) Walk-through survey
In the walk survey through along the road alignment, site specific or significant
environmental features in the probable influence corridor, and will suggest necessary
measurements, inspect/ observe and discuss it with the local stakeholders. Annex I
reflects industry nature and activities to be implemented and natural resources to be
affected will be used to identify potential impacts. Baseline information will be collected
in terms of:
• Physical Environment
• Biological Environment
• Socio-economic Environment
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 • Cultural Environment

ii) Interaction Meeting and Consultation at the district Level

An initial briefing meeting will be debriefed after field visit at district headquarters. The
initial briefing meeting will obtain initial information about the potential environmental
features of significant importance, existing problems and potential impact of road
Production, Processing of natural spring and PET bottle Manufacturing. The debriefing
will discuss on findings from the field visit and potential mitigation and enhancement
measures.

iii) Interaction Meeting and Consultation at the Local Level

To conduct consultation with the local communities FGD will be organized at different
location along the road corridor. The FGD will discuss the environmental sensitivity and
concern in the area, importance of environmental features located in the area, present
status, present problems or difficulties, potential solutions, and consequences of the
proposed Production, Processing of natural spring and PET bottle manufacturing of the
road.

iii) Site inspection and self-observation

The road alignment form starting to end point will be visited and observed. Sectoral
analysis will be discussed in the group to identify inter-linkages and complementarities.
Self-Judgment by using Field Verification Checklist Annex I and Site Specific Mitigation
and Enhancement Measure Annex II will be used to identify the significance of
environmental impact, identification and design of potential mitigation and enhancement
measures, and preparing EMP of the industry.

5.1.5 Identify and Analyze Potential Impacts

A checklist, which lists industry activities to be implemented and natural resources to be
affected will be used to identify potential impacts. The annex describes the proposed
industry activities and the rows the environmental parameters that might be affected.
The response of each environmental parameter to each industry activity is represented
by an interaction cell, which will be checked by a rating number ranging from.

5.1.6 Data Processing and Impact Evaluation

All the data colleted or reviewed regarding physical, biological and socio-economic will
be analyzed using simple mathematic computation methods, and presented in the
tabular form, charts as appropriate and will be included in the appropriate places of
report. Impact will be identified and predicted using the standard methods. Qualitative
information will also be interpreted using proxy indicators. Identified and predicted
impacts shall be evaluated considering existing policies, laws and guidelines. Expert
judgment will play important role in evaluating the impacts on physical, biological, social
and cultural environment.

5.1.7 Collection of Comments and Suggestions

The draft IEE report shall be prepared taking into consideration the environmental
assessment principles. The draft report will be kept in the office of LNP and DNPWC
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library in Kathmandu. A 15-days notice will be published in the national daily newspaper
to solicit comments and suggestions in the draft IEE report. Similar notice will be
circulated to the concerned stakeholders in the spirit of Rule 7.2 of EPR, 1997.
5.1.8 Report Preparation and Submission
A draft IEE report will be prepared in English language. In the report maps, graphs,
photographs, tables and matrix will be also included. Relevant applicable documents
and studies prepared will also be incorporated in the annexes. Environmental
Management Plan will also be prepared and findings from this study will be incorporated.
The IEE report will be prepared incorporating comments and suggestions received from
stakeholders and interested individuals before and after the issuance of the public
notice. The IEE report shall be finalized taking into consideration the aspects mentioned
in Schedule 5 of EPR, 1997 and the IEE manual for forestry sector, 2004. The
Department of National Parks and Wildlife Conservation shall submit the final report to
the Ministry of Forests and Soil Conservation after complying with the necessary legal
requirements as mentioned in the Rules 7 and 10 of the EPR, 1997.

6. IEE Report Contents

The Consultant will prepare format and contents for a lEE study. This should follow
Schedule-5 of EPA and EPR including the Environmental Management Plan (EMP) In
addition the IEE team will prepare a draft lEE report based on the findings of the
proposed study.

7. Qualification

Study Team Composition

A Multi-disciplinary team shall carry out the proposed study. The team leader will be
required to have wide field of experience and expertise in environmental field especially
in the concerned sector. A team of the following experts has been suggested.
Environmental Specialist -Team Leader (1)
Socio-economist (1)
Wildlife Biologist (1)

Experience
The required experience of the team members is given as follows:
Environmental Specialist- Team Leader 1: with at least 7 years of working experience in'
environmental field and experience in IEE of National Park and industry sector will be
additional advantages.

8. Duration and Reporting Requirements

8.1 Duration
The proposed study shall be completed within a period: of three and half months from
the date of signing of contract. The consultant shall prepare an IEE reports after the
completion of the field survey. The first report will be an inception report containing
information of literature review; detailed methodology of study and their work plan to be
adopted during the later phases of work activities. Two copies of inception report: shall
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 be submitted within seven days from the date of signing of contract three copies of draft
report shall be submitted within one month from the date of signing of contract The draft
report shall be a complete guideline proposed for the study. The Department shall
provide comments and suggestions and shall ask the consultants to incorporate all
comments and suggestions during the preparation of final report. The consultants shall
submit five copies & 1 soft copy in CD of final report within two month’s time (within one
weeks after getting the comments and feedbacks) from the date of signing of contract

The IEE report for five years duration of the proposed industry will be completed within
three months period. The work schedule for IEE study may be as follows:

S. Activities Week
No
1 2 3 4 5 6 7 8 9 10 11 12
.

1. Desk Study
2. Field Survey
3. Data Analysis and impact identification,
prediction and evaluation
4. Preparation of draft report
Pasting of public notice in offices as
mentioned in Rule 7(2) of EPR, 1997
Issuance of public notice in the
newspaper
Collection of comments and suggestions
5. Finalization and submission of IEE report
6. Approval of report

2.1 Reporting Requirements

The Report Format and contents of an lEE study (e.g. as per Schedule -5 of EPA and
EPR) shall include but not necessarily limited to the following sections:

A. Introduction (e.g. background, IEE requirement, Industry description, objectives and

methodology, Format and contents of the ToR for an lEE study (e.g. name & address of
the proponent. introduction. approach, review of relevant acts and regulations) B Existing
Condition
C Possible Environmental Impacts and Mitigation Measures
D. Environmental Monitoring Plan
E. References

The report shall contain the process flow diagram, map, photographs, public notice and
muchulkas, suggestion and recommendation that needs to be followed to conduct IEE
study

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