Philippines - Mindanao Rural Development Project (APL) : environmental assessment (Vol. 3 of 3)

E-274 VOL. 3 TABLE OF CONTENTS Page INTRODUCTION A. Background 1 B. The Need and Purpose of the Guidelines 1 C. Scope 1 II. The Philippine EIS System 2 A. History and Legal Basis 2 B. EIS as a Planning and Management Tool 3 C. EIS as a Regulatory Tool 3 D. Coverage and Exemptions 3 III. EIS Framework for MRDP Projects 5 A. General Objectives 5 B. Specific Objectives 5 C. Policies 5 IV. The EIS System Procedure A. Project Screening 6 B. Securing ECC for non-Exempted Projects 7 C. Preparation of the Environmental Management Plan 8 V. MRDP Environmental Group 9 Figures: Figure 1 EIS Process 10 Figure 2 Proposed Organizational Set-up for MRDP EIS System 11 Appendices   ENVIRONMENTAL GUIDELINES I. INTRODUCTION A. Background 1. The Local Government Code of 1991 devolved some functions of the national government to the local government. These functions cut across such sectors as agriculture and fisheries, infrastructure, environment, social services and health. MRDP will aid local government in pursuing their new mandate. With the limited resources of local government, the program aims to help LGU's utilize their limited resources to create lasting impacts making sustainable projects more imperative. Sustainable projects imply social acceptability and environmental soundness. MRDP incorporated environmental components in all its projects towards achieving this goal. B. The Need and Purpose of the Guidelines 1. Although environment is one of the sectors devolved from the national government, most LGU's at present do not have trained personnel in environmental impact assessment of projects. 2. This Environmental Guidelines serves as a common frame of reference to all LGU personnel who will be involved in the implementation of the EIA system to the projects under MRDP. 3. It describes in detail the whole process of the EIS system to give the implementers a better understanding of what is to be done and the resources required achieving it. 4. This will standardize the treatment given each particular kind of project in all areas making sure that all relevant issues are taken into consideration and not left out because of pre-conceived notions of the assessors. C. Scope 1. The guidelines consists of a definition of the coverage of the EIS system, the procedure in getting projects classified, a description of the step by step procedure in the preparation of an Initial Environmental Examination or an Environmental Impact Assessment of a project, the process of getting the Environmental Clearance Certificate, and the preparation of the Environmental Management Plan and Environmental Monitoring Plan. Environmental Guidelines Page I of 11  2. It also describes in detail the process of evaluation of the IEE and the EIS bv DENR. II. The Philippine Environmental Impact Statement (EIS) System A. History and Legal Basis 1. Presidential Decree (PD) No. 1586 established the Philippine Environmental Impact Statement (EIS) System that was first implemented in 1979. Throughout the years, it has undergone several refinements and revisions to make it more effective. 2. In 1992 DENR Administrative Order No. 21 (DAO 21) amending the Revised Rules and Regulations Implementing PD 1586 was issued to strengthen and streamline the implementation of the EIS System. Again in 1996, DAO 96-37 amended DAO 21 of 1992 to further streamline and strengthen the implementation process. 3. The Philippine EIS System implementation is governed by the following basic DENR policy: "To attain and maintain a rational and orderly balance between socio- economic growth and environmental protection through the sustainable use, development, management, renewal and conservation of the country's natural resources, including the protection and enhancement of the quality of the environment, not only for the present but for the future generations as well" 4. In consonance with this basic policy, the revised Administrative Order (DAO 96-37) was promulgated to address the following objectives: a. Ensure that environmental considerations are incorporated at the earliest possible stage of project development. b. Enhance maximum public participation in the EIA process to validate the social acceptability of the project or undertaking so as to ensure the fullest consideration of the environmental impact of such project or undertaking. c. Further streamline the current procedures in the conduct of the Environmental Impact Assessment (EIA) in order to improve its effectiveness as a planning and management; and regulatory tools. Environmental Guidelines Page 2 of 11  B. EIS as a Planning and Management Tool The EIS system is being implemented both as a planning and management tool and as a regulatory tool. To be effective as a planning and management tool, the EIS system should be implemented at the earliest possible stage of project development, thus the No. 1 policy objective. It should be made part of the feasibility study. Each alternative should be subjected to impact assessment so that those alternatives with high negative impacts may be avoided. It allows the cost of mitigating and positive impact enhancement measures to be incorporated in the total cost analysis. The environmental objectives are made part of the project objectives. This is an improvement over that of the old way of looking at the overall cost of the project where environmental costs are not included. The EIS as a planning and management tool is best used by the project proponent. However, the Regulatory Agency or the DENR has to come to the picture to ensure that it is used properly. The internalization of the environmental costs becomes imperative when the project proponent knows that the DENR using the EIS as a regulatory tool will impose conditions such that the cost of environmental protection will be borne by the project proponent. C. EIS System as a Regulatory Tool After the project is subjected to an environmental impact assessment and the application for clearance is submitted and approved, DENR issues an Environmental Clearance Certificate (ECC). The ECC normally list down a set of conditions for it to be valid. These conditions stipulate what the project proponent has to do or under what conditions will the project operate. In this way, the DENR is able to regulate the operations of all environmentally critical projects and projects within environmentally critical areas. D. Coverage and Exemptions The rules on coverage and exemption distinguish between environmentally critical areas (ECA) and environmentally non-critical areas (non-ECA) as well as between environmentally critical projects (ECP) and environmentally non-critical projects (non-ECP). The projects are where the activitie4s or events that affect the environment happen. The potential of these events to negatively affect the environment is what makes them environmentally critical or not. The greater the potential, the more environmentally critical the project is. The potential for damage of an event is dependent on the kind of the event as well as the magnitude of the event. Thus a critical project is not only defined by its classification or grouping but also by its magnitude. This is apparent in the listing of critical projects in Appendix A. Environmental Guidelines Page 3 of 1I  Everything other than the project is considered the environment. Thus all areas other than the project area is considered part of the environment. Any changes in the environment arising from the events within the project are what we call environmental impacts. There are areas that by their nature are more prone than others to changes as a result of events occurring. For example, areas with steep slopes are more prone to erosion than areas with flat slopes when we do excavation or earth moving activities. The easier the area is affected by certain events, the more environmentally critical it is. The EIS System covers projects and undertakings categorized as Environmentally Critical Projects and projects located in Environmentallv Critical Areas listed in Appendix B. Under Sec. 2 Article 1 of DAO 96-37, the following projects and undertakings are not covered by the EIS system: * Projects which are non-ECP or those located in non-ECA. * ECPs and projects or structures within ECAs which have been operational or in existence prior to 1982, except in cases where their operations are expanded in terms of daily production capacity or area, or when the process is modified. * Countrvside business and barangay entities (CBBEs) covered by RA 6810, otherwise known as the magna Carta for Countryside and Barangay Business Enterprises (Kalakalan 20) and registered with the Local Government Unit (LGU) between 1991 to 1994, inclusive. Provided that, unless otherwise amended by law, non-coverage of such CBBEs shall only subsist for a 5 year period beginning from its date of registration. The projects under MRDP, which includes rural roads and bridges, communal irrigation and rural water supply and sanitation, do not qualify as environmentally critical projects. As shown in Appendix, only major dams, major power plants, major reclamation projects and major roads and bridges are listed as environmentally critical infrastructure projects. Major road and bridge projects are defined as the construction of all national and provincial roads and bridges and any significant extension or improvement thereof which will: * Traverse any highly developed urban areas * Affect the hydrology of the traversed areas * Substantially increase or impede traffic flow Environmental Guidelines Page 4 of 11  The rural road and bridge projects of MRDP do not fall under this classification. The definition of major dams is that the storage volumes must equal or exceed 20 million cubic meters. If there is any impoundment for the communal irrigation and rural water supply and sanitation projects of MRDP, these will be definitely much smaller than 20 million cubic meters. Thus these projects are also not environmentally critical. If the MRDP project is not within an environmentally critical area, then it will be exempted from the EIS System. However, if it is within an environmentally critical area, then it will be within the EIS System. III EIS Framework for MRDP Projects A. General Objectives To institutionalize the integration of the EIS system into the planning, design, implementation, and operation of projects under MRDP. B. Specific Objectives 1. To establish a standard process in complying with the requirements of the EIS System for all projects under MRDP. 2. To define an organizational set-up for the implementation of the EIS System. 3. To define the involvement of the different parties such as the project proponents (LGUs), the beneficiaries and other stakeholders, and MRDP in promoting the integration of the EIS system into the planning, implementation, operation and monitoring of projects. C. Policies 1. All projects under MRDP will secure all the required permits including environmental permits and clearances to ensure that they are environmentally sound. 2. No assumptions will be made as to whether a project is exempted from the EIS system or not. A "Project Description" for each project Environmental Guidelines Page 5 of 11  will be prepared and submitted to DENR, which will determine whether the project is exempted, or under the EIS system. However, if MRDP's knowledge of the local conditions indicate that the project location is an ECA based on the classification described in Appendices B and C, then this information should be submitted to DENR to properly guide them. 3. Although projects not covered by the EIS system are not required to undergo social acceptability test, all projects under MRDP will be subjected to community consultations so that environmental concerns of all stakeholders are addressed and that the project is supported by the public thus helping ensure sustainability. 4. All projects including those exempted from the EIS system will have an Environmental Management Plan and an Environmental Monitoring Plan. 5. Although the provision of DENR's DAO 96-37 requiring accreditation of IEE and EIS preparers before they are allowed to prepare IEEs or EISs has been suspended by EMB, MRDP will hire only accredited preparers to do the IEE or EIS for the projects. IV THE EIS SYSTEM PROCEDURE A. Project Screening Fig. 1 shows the EIS process. The initial steps involve the determination if the project is covered under the EIS system. This is called project screening. Since all projects of MRDP are classified as non-ECPs, it follows that they will only be covered if they are within ECAs. 2. ECAs are described in Appendix B and Appendix C. However, the location of this ECAs will be difficult to determine unless these have been plotted in a map. DENR DAO 96-37 directed all DENR Regional Offices to prepare a delineation and mapping of all ECAs in their respective regions. These maps are to be prepared with the cooperation of the CENROs, PENROs, and the LGUs concerned who will get a copy of the maps after they are completed. At present, the Regional Offices of DENR have not submitted their maps to the Environmental Management Bureau. Environmental Guidelines Page 6 of 11  3. The project proponent or MRDP will prepare a map showing the project site relative to the political boundaries (barangay, municipality, province) including important natural features and landmarks of surrounding/adjacent areas such as rivers, lakes and other water bodies, road network, known buildings, etc. If the local CENRO or PENRO or the Municipal Planning and Development Office have a map showing the ECAs, then this could be used to ascertain whether the project is within an ECA. However, in the absence of maps officially issued by DENR-RO, the project proponent has to go to the DENR-RO for the screening of the project. 4. In addition to the map showing the project site, MRDP will submit to the DENR-RO an accomplished application form (ENFORM 1) shown in Appendix D. A brief project description is also to be submitted. With this information, the Screening Officer will decide the Category of the Project and if it is located in an ECA, state the ECA category. He will then decide whether to require the project proponent to submit an Initial Environmental Examination (IEE) or to exempt the project. Only when the project is an ECP that an EIS is required right away. In the case of the MRDP projects that are all non-ECP, only an IEE will be required at first, although an EIS may be required later. If the project is exempted, he may issue a certificate of non-coverage or require additional environmental safeguards. If the project is exempted or is not within the ambit of the EIS System, then no ECC will be required. B. Securing the ECC for non-exempted Projects l. For non-exempted projects or projects within an ECP, MRDP will submit to DENR-RO an IEE before an ECC could be issued. 2. An IEE is a document required of proponents of projects located in ECAs. It describes the environmental impacts, mitigation and enhancement measures for the project. The IEE replaced the Project Description (PD) required under DENR DAO 21, series of 1992. 3. The preparation of the IEE, submission to DENR-RO, the review process and the issuance of the ECC are discussed in detail in Appendix E. 4. In cases where there are unresolved environmental issues in the IEE, DENR may require the project proponent to undertake further studies to resolve the issue or to conduct a full blown Environmental Environmental Guidelines Page 7 of 11  Impact Assessment (EIA) and submit an EIS. The EIA required in this case is similar to the one required for ECPs. 5. The preparation of the EIS, submission to DENR-RO, the review process, and the issuance of the ECC are discussed in detail in Appendix F. C. Preparation of the Environmental Management Plan 1. The environmental impacts of the projects and their mitigation as proposed in the IEE or EIS reports will form the basis of the Environmental Management Plan. 2. The Environmental Management Plan will include at least the following: * Project impacts and their corresponding mitigation and/or enhancement measures. * Cost estimate of equipment, materials, and the manpower needed to implement the measure. * The institution or organization responsible in implementing the measure. * The type of agreements or guarantees that will ensure the realization of such programs. An Environmental Monitoring Plan. 3. The Environmental monitoring Plan will include the project activities that causes the impact, the parameters to be monitored, where to monitor, the frequency of monitoring, who will be responsible for doing it and the estimated cost. 4. Appendix J shows a sample summary pages for the Environmental Management Plans for a Rural Road Project, Communal Irrigation Project, and a Water Supply Project. 5. Appendix K shows a sample environmental monitoring program for rural road project, communal irrigation project, and a water supply project. 6. The examples given in Appendices J and K are for illustration purposes only and is not for any particular project. Environmental Guidelines Page 8 of 11  V. MRDP ENVIRONMENTAL GROUP A. The proposed organizational set-up for the MRDP Environmental Impact Statement System is shown in Figure 2. MRDP shall create an Environmental Division headed by an Environmental Manager with at least two environmental coordinators. The division will make sure that all MRDP projects will get their necessary environmental permits and clearances. B. Each participating LGU will assign an Environmental Officer who will see to it, in coordination with MRDP Environmental Coordinator that all projects within his jurisdiction will get the necessary permits and clearances. C. The Environmental Coordinators will assist each of the Municipal Environmental Officers to prepare the "Project Description" of each project in the municipality. The Project Description is a report report required by the DENR_RO to determine whether a project is exempted or under the EIS System. D. If after the Project Descriptions were reviewed by the DENR, there are projects proven to be covered under the EIS System, the MRDP Environmental Coordinator will assist the Municipal Environmental Officer to prepare the Terms of Reference (TOR) for the preparation of an IEE to be given to contractors. Appendix E that describes in detail the preparation of the IEE will serve as a guide in the preparation of the TOR. Considering the scope of the IEE a multi-disciplinary team is required to prepare it. It will be more practical to get a professional consulting firm to prepare it rather than getting a permanent staff of MRDP or the Municipality to do it. E. If after the DENR-EMPAS has reviewed the IEE reports submitted, it decides to ask for a full blown EIA for some of the projects, again the MRDP Environmental Coordinator together with the Municipal Environmental Officers will prepare the Terms of Reference for the conduct of the EIA and the preparation of the EIS report. As in the IEE, a contractor will do the EIA. They will assist the chosen EIA study team to undertake the social acceptability process. Environmental Guidelines Page 9 of 11  Fig. 1 - EIS PROCESS Project Proponent Prepares Project DENR-RO issues Description /' Certificate of exemption Location Map {NO Sends to EMB | itanEC P Is ita wiin ECA? PoetProponent submits it to DENR-RO YES YES Project Project Proponent > Proponent Prepares EIS Prepares IEE Submits to Submits E DENR-RO wl Deficiency to EMB . Need aSu w/ Deficiency EMB Reviews wl Deficienc DENR-RO EIS Project Proponent DENR-RO DENR-RO EIS * Reviews IEE Prepares EIS Reviews EIS DENR-RO Ask help from EMB Passes Review Passes Review Passes Review EMB Issues DENR -RO __ _ ECC issues ECC DENR-RO Ask help from EMB  Fig. 2 - Proposed Organizational Set-Up for MRDP EIS System LGU ------------------ MRDP-DENR-RO LGU MRDP DENR Environmental Environmental PENRO Section Group Municipal Project MRDP DENR Environmental Ponet Environmental Stakeholders DENRON s Officer Ponet Coordinator CNONO Multipartite Monitoring Team  LIST OF ABBREVIATIONS AO Administrative Order BAI Bureau of Animal Industry BCGS Bureau of Coast and Geodetic Survey BFAR Bureau of Fisheries and Aquatic Resources PBI Bureau of Plant Industry BSWM Bureau of Soil and Water Management CENRO Community Environment and Natural Resources Office COMELEC Commission on Elections DA Department of Agriculture DAO Department Administrative Order DAR Department of Agrarian Reform DILG Department of Interior and Local Government DND Department of National Defense DOH Department of Health DOT Department of Tourism DPWH Department of Public Works and Highways ECA Environmentally Critical Areas ECC Environmental Clearance Certificate ECP Environmentally Critical Projects EIA Environmental Impact Assessment EIARC EIA Review Committee EIS Environmental Impact Statement EMB Environmental Management Bureau EMPAS Environmental Management and Protected Areas Services FMB Forest Management Bureau HSRC Human Settlement Resources Council HLURB Housing and Land Use Regulatory Board ICC Indigenous Cultural communities IEE Initial Environmental Examination ICLARM International Center for Living Aquatic Resources Management LGU Local Government Unit LLDA Laguna Lake Development Authority LOI Letter of Instruction LWUA Local Water Utilities Administration MGB Mines and Geo-sciences Bureau MNR Ministry of Natural Resources MWSS Metropolitan Waterworks and Sewerage System NAMRIA National Manpping and Resource Information Agency NEPC National Environment Protection Council NGA National Government Agency NGO Non-governmental Organization NIA National Irrigation Administration NIGS National Institute of Geo-sciences  NIPAS National Integrated Protected Area System NM National Museum NRMC National Resources Management Council NSO National Statistics Office NWRB National Water Resources Board NWRC National Water Resources Council ONCC Office of the Northern Cultural Communities OSCC Office of the Southern Cultural Communities OMA Office of Muslim Affairs PAGASA Philippine Atmospheric Geo-physical and Astronomical Services Administration PCARRD Philippine Center for Agricultural Resources Research and Development PCAMRD Philippine Center for Aquatic and Marine Research and Development PHIVOLCS Philippine Volcanology PTA Philippine Tourism Authority RED Regional Executive Director RO Regional Office RTD Regional Technical Director SEI Significant Environmental Impacts/Issues TLRC Technology and Livelihood Resource Council UP-MSC University of the Philippines Marine Science Center UP-MSI University of the Philippines Marine Science Institute  LIST OF APPENDICES 1. Appendix A - Environmentally Critical Projects 2. Appendix B - Environmentally Critical Areas 3. Appendix C - Categories of Protected Areas Under NIPAS 4. Appendix D - ENFORM 1: Certificate of non-coverage 5. Appendix DI - Sample ECA Certification 6. Appendix E - Initial Environmental Examination of Projects Within Environmentally Critical Areas 7. Appendix F - EIS for non-Environmentally Critical Projects Located in Environmentally Critical Areas 8. Appendix G - Sample Matrix of Potential Significant Environmental Impacts (SEIs) of a Road Project 9. Appendix H - Accountability Statement of EIA Preparers 10. Appendix I - Accountability Statement of Project Proponent 11. Appendix J - Sample Summary Page: Environmental Management Plans for Road, Water Supply, and Communal Irrigation Projects 12. Appendix K - Sample Environmental Monitoring Plan for Road, Water Supply, and Communal Irrigation Projects 13. Appendix L - Form 1: Procedural Evaluation of IEE 14. Appendix M - Form 2: Substantive Evaluation of IEE by EMPAS 15. Appendix N - Form 1: Procedural Evaluation of EIS 16. Appendix 0 - Form 2: Substantive Evaluation of EIS by EIARC.  APPENDIX A ENVIRONMENTALLY CRITICAL PROJECTS These are the Technical Definition and Scope of the Environmentally Critical Projects Enumerated in Presidential Proclamation 2146: ENVIRONMENTALLY CRITICAL PROJECTS A. Heavy Industries 1 . Non-Ferrous Metal Industries Non-ferrous metal industries shall refer to the organized and coordinated arrangement of manufacturing processes designed to prepare, smelt or process non-ferrous metals into marketable products. This classification shall include projects characterized by any of the following specifications: a) Classified as large-scale industrial plants under the implementing rules and regulations of LOI No. 950; b) Having a designated rated capacity equal to or exceeding 3,000 metric tons product; and c) Will process toxic non-ferrous metals such as cadmium, chromium and lead. 2. Iron and Steel Mills Iron and steel mill projects shall refer to the organized and coordinated arrangement of manufacturing processes designed to prepare and/or smelt or process iron ores, steel scrap and/or primary iron and steel mill products into marketable products. This classification shall include projects characterized by any of the following specifications: a) Classified as a large-scale industrial plants under the implementing rules and regulations of Letter of Instruction (LOI) No. 950; and b) Having a designed annual rated capacity equal to or exceeding 30,000 metric tons products. 3. Petroleum and Petrochemical Industries Environrentally Critical Projects Page A-1  Petroleum/Petrochemical Industries shall refer to the organized and coordinated arrangement of manufacturing processes designed to physically and/or chemically transform petroleum and its derivatives into marketable products. This classification shall include projects falling under any of the following specifications: a) Classified as large-scale industrial plants under the implementing rules and regulations of LOI No. 950; b) Refineries with designed capacities equal to or exceeding 30,000 barrels of petroleum per year; and c) Petrochemical industry projects with designed annual rated capacities of 30,000 tons. 4. Smelting Plants Smelting plant projects shall refer to the organized and coordinated arrangement of manufacturing processes designed to smelt metals or alloys and cast the same into some special form. This classification shall include projects falling under any of the following specifications: a) Classified as large-scale industrial plants under the implementing rules and regulations of LOI No. 950; b) Having a designed annual rated capacity equal to or exceeding 15,000 metric tons raw materials; and c) Will process toxic non-ferrous metals such as cadmium, chromium and lead. B. Resource Extractive Industries Major Mining and Quarrying Projects Major mining and quarrying projects shall refer to projects involving the extraction and processing of metals, metalliferous ores, fuel, precious stones, clays, fertilizers and other earth-based materials on a commercial scale and are characterized by any or a combination of the following: Environmentally Critical Projects Page A-2  a) Ore-processing by cyanidization, flotation, mechanized grinding and/or crushing, magnetic separation and or mechanized gravity concentration; b) Utilization of the open-pit method with mechanical operations and/or blasting; c) Underground mining using blasting and/or mechanized extraction: d) Marine or off-shore mining; and e) Extraction of oil and gas. 2. Forestry Projects a) Logging Projects Logging projects shall refer to the cutting and harvesting of timber on a commercial scale. b) Major Wood Processing Projects Major wood processing projects shall refer to the processing of logs and other forest raw materials into finished or semi-finished products. This classification shall include, among others: i) sawmills ii) wood manufacturing/processing plants producing veneer, plywood, wall board, blockboard, crates, etc. iii) pulp and paper mills c) Introduction of Fauna in Public/Private Forests This shall refer to the introduction of exotic species of flora and fauna to private/public forests. d) Forests Occupancy This shall refer to the occupancy of people residing within public forests for livelihood purposes and associated management projects. Forest occupancy shall apply to all forest lands as defined by P.D. No. 705, except watersheds, wildemess areas, national parks, game refuge and bird sanctuaries subject to amendments by the BFD/MNR. Environmentally Critical Projects Page A-3  e) Extraction of Mangrove Products This shall refer to the cutting and gathering of mangrove timber and its products. f) Grazing Projects This shall refer to the management of forest range resources for forage productivity needed to support livestock production. Grazing projects shall be considered critical if such will exceed the natural grazing capacities of the areas involved (1 head/hectare), as specified by MNR A.0. No. 50 (1982). 3. Dikes for/and Fishpond Development Projects This shall refer to natural or artificial water impoundment involving dike construction for purposes of raising fries and harvesting the same at marketable size and quantities as specified by Fishery A.O. No. 60. Fishpond development projects shall be considered critical if such will involve utilization of areas equal to or greater than 25 hectares. C. Infrastructure Projects 1. Major Dams This shall refer to all impoundment structures and appurtenances with storage volumes equal to or exceeding 20 million cubic meters. 2. Major Power Plants This shall refer to power generating plants utilizing, or are run by, fossil fuels, geothermal resources, the nuclear fission process, natural river discharge, pondage or pump storage. This classification shall include all nuclear power plants, all geothermal power plants, thermal power plants with rated capacities equal to or exceeding 10 megawatts and hydroelectric power plants with rated capacities equal to or exceeding 6 megawatts. 3. Major Reclamation Projects Environmentally Critical Projects Page A-4  This shall refer to projects which involve the filling or draining of areas (foreshore, marshes, swamps, lakes, rivers, etc.) equal to or exceeding one (1) hectare. 4. Major Roads and Bridges This shall refer to the construction of all national and provincial roads and bridges and any significant extension or improvement thereof which will: a) Traverse any highly developed urban area(s); b) Affect the hydrology of the traversed area(s); and c) Substantially increase or impede traffic flow. Environmnentally Critical Projects Page A-5  APPENDIX B ENVIRONMENTALLY CRITICAL AREAS A. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries By virtue of Section 3, P.D. No. 705: 1. National parks shall refer to forest land reservations essentially of primitive wilderness character which have been withdrawn from settlement or occupancy and set aside as such, exclusively to preserve the scenery, natural and historic objects and the wild animals and plants therein to provide enjoyment of these features in such a manner as will have them unimpaired for future generations. This classification shall include all areas declared as national parks by statutes such as Proclamation No. 634, 612, 55, etc. 2. Watershed Reserves shall refer to forest land reservations established to improve the quality or condition of the water yield thereof or reduce sedimentation. This classification shall include all areas declared as national watershed reserves. 3. Wildlife preserves shall refer to forest lands designated for the protection of game animals, birds and fishes and closed to hunting and fishing in order that the excess may flow and restock surrounding areas. B. Areas set aside as aesthetic potential tourist spots Aesthetic potential tourist spots shall refer to areas declared and reserved by the Philippine Tourism Authority for tourism development. C. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna) This shall refer to wilderness areas and areas such as Mt. Bako, Mt. Apo, etc., which are natural habitats of endangered or threatened, rare and indeterminate species of flora and fauna. Environmentally Critical Areas Page B-I  1. Indeterminate species shall refer to plant or animal species which are apparently endangered but where insufficient data are currently available for a reliable assessment. 2. Threatened species shall refer to any plant or animal species which is likely to become endangered species within the foreseeable future throughout all or just a significant portion of its range. 3. Rare species shall refer to plant or animal species which are not under immediate threat of extinction but occurs in small numbers. 4. Endangered species shall refer to plant or animal species which are actively threatened with extinction and whose survival are unlikely without protective measures. D. Areas of unique historic, archeological, or scientific interests Areas of unique historic, archeological or scientific interest shall refer to military and non-military shrines which are of cultural and historical significance to the nation. This classification shall include national historical landmarks and paleontological and anthropological reservations. E. Areas which are traditionally occupied by cultural communities or tribes This shall refer to all ancestral lands of National Cultural Communities identified in Sec. 1 of P.D. No. 410 and settlements designed, implemented and maintained by the PANAMIN for national minorities (non- Muslim hill tribes referred to in P.D. No. 719). F. Areas frequently visited and or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.) 1. Areas frequently visited or hard-hit by typhoons This shall refer to all areas where typhoon signal no. 3 was hoisted for at least twice a year during the period 1 977-1982. 2. Areas frequently visited and hard-hit by tsunamis Environmentally Critical Areas Page B-2  This shall refer to all coastal zones and offshore areas subjected to an earthquake of at least intensity VIl in the Rossi-Forel scale and hit by tsunamis during the period 1638-1976. 3. Areas frequently visited and/or hard hit by earthquakes This shall refer to all areas subjected to earthquakes of at least intensity VIl in the Rossi-Forel scale during the period 1949-1980. 4. Storm surge-prone areas This shall refer to all areas identified as such by the PAGASA. 5. Flood-prone areas This shall refer to low-lying areas usually adjacent to large active water bodies experiencing regular or seasonal inundation as a result of changes in mean water level of these water bodies. G. Areas with critical slope This shall refer to all lands with slope of 40% or more not classified in this listing as environmentally critical. This classification shall cover alienable and disposable forest lands and unclassified forests. H. Areas classified as prime agricultural lands Prime agricultural lands shall refer to lands of capability classes A, B, Ce, De as determined by the land Capability Classification Guide of the Bureau of Soils, but shall not include lands that shall be devoted to non- agricultural purposes or are part of permanent reserves, as designated in the zoning ordinance approved by HSRC. 1. Recharged areas of aquifers Recharged areas of aquifers shall refer to sources of water replenishment where rainwater or seepage actually enters the aquifers. Areas under this classification shall be limited to all local or non-national watersheds and geothermal reservations. Environmentally Critical Areas Page B-3  J. Waterbodies Waterbodies shall refer to waters which are tapped for domestic purposes, within the controlled and/or protected areas declared by the appropriate authorities and which support wildlife and fishery activities. This classification shall cover all fresh surface waterbodies which are Class AA, A, B and C as per NPCC classification. Likewise, this shall include all marine turtle and fish sanctuaries. K. Mangrove Areas Mangrove areas are tidal areas covered by salt-tolerant, intertidal tree species. This classification shall refer to areas declared as mangrove swamp forest reserves by Proclamation No. 2152 and mangrove forests declared as wilderness areas by Proclamation No. 2151. L. Coral Reefs Coral reefs shall refer to areas characterized by the assemblage of different types of marine plants and organisms belonging to Phylum Coelenterata. This classification shall include all areas identified by local sources such as the Marine Sciences Center or UP-NSRC, NRMC, etc. to be rich harvest grounds for commercial varieties of corals. Enviromnentally Critical Areas Page B4  APPENDIX C CATEGORIES OF PROTECTED AREAS UNDER THE NIPAS The National Integrated Protected Areas System (NIPAS) encompass outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestial, wetland or marine, all of which are designated as protected amas The following are categories and definitions of protected areas: 1. Natural Park A relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use. 2. Protected Landscapes/Seascapes Areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas. 3. Resource Reserve An extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning. 4. Strict Nature Reserve An area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecological representative examples of the natural environment available for scientific Page C-I  study, environmental monitoring, education and for the maintenance of genetic resources in a dynamic and evolutionary state. 5. Wildlife Sanctuary Comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation. 6. Natural Biotic Area An area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace. 7. Natural Monument A relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics. Page C-2  APPENDIX Dl SAMPLE ECA CERTIFICATION Republic of the Philippines DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Community Environment & Natural Resources Officer (CENRO) Office Municipality of Rizal, Palawan Province Region 3 19 March 1999 Date ECA CERTIFICATION This is to certify that the proposed Fruit Processing Plant (indicate name of project/undertaking) of Elwin Enterprises, Incorporated (indicate name of proponent/applicant) located in San Fernando, Pampanga (as shown in the attached location map) has been determined to be within the area classified as prime agricultural land , an identified (state ECA category) Environmentally Critical Area. This certification is issued for purposes of screening projects falling within ECAs and the proponent's compliance to the EIA system. Mariano Cruz (Name & Signature of CENRO) DENR-CENRO No. 12 Sample ECA Certification Page Dl -1  APPENDIX E INITIAL ENVIRONMENTAL EXAMINATION OF PROJECTS WITHIN ENVRONMENTALLY CRITCAL AREAS A. Definition and Delineation of Environmentally Critical Areas An initial environmental examination (IEE) is required of projects or undertakings sited in environmentally critical areas (ECAs). An environmentally critical area is an area that is considered ecologically sensitive. This includes those listed under Presidential Proclamation Nos. 803 and 2146 as well as areas proclaimed by the president as environmentally critical in accordance with Section 4 of PD 1 586. Appendix B provides the technical definitions of ECAs and scope as contained in the NEPC Office Circular No. 3. In addition, Republic Act 7586 referred to as the National Integrated Protected Areas System Act of 1992" or NIPAS provides for a comprehensive system of protected areas within the category of national park encompassing the following: * strict nature reserve * nature park * natural monument * wildlife sanctuary * protected landscapes & seascapes * resource reserve * natural biotic areas * other categories established by law, conventions or international agreements which the Philippine Government is a signatory Appendix C provides the definition of NIPAS categories. B. Project Screening The DENR Regional Offices (DENR-RO) exercise jurisdiction over projects or undertakings falling within ECAs. It is therefore the responsibility of each DENR-RO to determine and delineate ECAs within its regional coverage based on the given definitions and characterizations. At present DENR Regional offices find difficulty to ascertain if a project or undertaking is indeed located in an ECA. This is because many of the defined ECAs have not been spatially INITIAL ENVIRONMENTAL EXAMINATION OF PROJECTS WITHIN ENVIRONMENTALLY CRITICAL AREAS PAGE E-1  identified and delineated on the map. DENR-RO is expected to come up with a comprehensive map soon. In the meantime that no ECA map is available. project proponents may ask the heip of the local CENRO or PENRO in determining whether the project site is within an ECA. The proponent may also do some research to find out if the project area is within an ECA by consulting some organizations such as those listed in Table 1. Table 1 Information Sources for Environmentally Critical Areas ECA CATEGORY DATA SOURCES 1 . National Parks (protected areas), DENR-PAWB, NIPA, LGUs, UP MSI, Watershed Areas, Forest and BFAR Wildlife Reservations and Marine Sanctuaries 2. Existing and potential tourists DOT, PTA, LGUs, Tourism Councils spots (local) INITIAL ENVIRONMENTAL EXAMINATION OF PROJECTS WITHIN ENVIRONMENTALLY CRITICAL AREAS PAGE E-2  ECA CATEGORY DATA SOURCES 3. Areas of unique historical, National Museum, UP Anthropological archaeological or scientific Museum, National Historical importance Commission, Office of Nationai Cultural Communities 4. Areas traditionally occupied by DENR, Institute of Philippine Culture cultural communities (ICCs) (Ateneo), Office of National Cultural Communities, National Museum, Anthropological Society, NGOs and LGUs. 5. Areas frequently visited and/or PHIVOLCS, DENR, PAGASA, NIA- hit by natural calamities (geologic NWRC, DPWH, BSWM hazards, floods, typhoons, volcanic activity) 6. Areas with critical slopes NAMRIA, BSWM, DENR, LGUs 7. Areas classified as prime Department of Agriculture, DAR, LGUs agricultural lands 8. Recharge areas of aquifers DENR, DPWH, LWUA, NWRC, Local water districts 9. Bodies of water PAWB, NWRB, DPWH, LWUA, NIA, LGUs, NAMRIA 10. Mangrove areas DENR, DA-BFAR, local academic institutions, LGUs, NGOs 11. Coral Reefs NAMRIA, UP-MSI, ICLARM, PCAMRD, DA-BFAR, DENR, LGUs However, if in spite of the above efforts, it could not be determined, the project proponent should go to DENR-RO. A Screening Officer will be assigned by the EMPAS to screen projects that may fall within ECAs and determine whether IEE is required. The Screening Officer will: * provide the proponent a copy of the Project Screening Form (Enform 1, see Appendix D) * instruct proponent to fill up the form and attach location map and certification provided by the CENRO (if one has been obtained) * submit completed form INITIAL ENVIRONMENTAL EXAMINATION OF PROJECTS WITHIN ENVIRONMENTALLY CRITICAL AREAS PAGE E-3  Upon receipt of the screening form, the Screening Officer will: * fill out the DENR portion of Enform 1. * if the project is within an ECA, the IEE Yes box is marked check.and the project proponent is required to submit an IEE. * if the project is considered not covered by the EIS system, the non- coverage Yes box will be checked. * the certificate of non-coverage (see Appendix D) will be given by the DENR Regional Director or by EMB upon the request of the project proponent C. Preparation of Initial Environmental Examination (IEE) 1. An IEE is a document required of proponents describing the environmental impacts of, and mitigation and enhancement measures for, projects or undertakings located in an ECA. The IEE replaces the Project Description (PD) required under DAO 21, series of 1992. The purposes of the IEE are to: * identify all potential environmental issues/ impacts associated with the project type relative to the ECA location; * identify all significant environmental impacts (SEls); * resolve all significant environmental impacts within the scope of the iEE; and * recommend additional studies and/or an EIS to resolve outstanding issues/ impacts The lEE is linked to the EIS to resolve unsettled and complex environmental issues raised in the lEE, . In such cases, the lEE provides the focus and tasks to be performed in the EIS and develops the background for these issues. 2. The Environmental Management Bureau (EMB), after issuing the procedural manual for the implementation of DAO 96-37, required the preparer to be at least an Environmental Associate duly accredited by EMB or the DENR-RO. This requirement however was temporarily suspended by EMB by Memorandum Circular No. 2, Series of 1998 issued by the Director. INITIAL ENVIRONMENTAL EXAMINATION OF PROJECTS WITHIN ENVIRONMENTALLY CRITICAL AREAS PAGE E-4  3. Scoping is not mandatory in the preparation of an IEE. Depending on the proponent's assessment and knowledge of the IEE requirement, he may or may not go through the scoping process. However, it is to the advantage of the proponent to initiate a scoping meeting with DENR- RO to guide him in establishing the range of actions to be undertaken, and the alternatives and impacts to be examined. A scoping session with DENR-RO will enable the proponent to familiarize himself with the requirements and processes of doing an iEE. Specifically, DENR-RO can help the proponent during the scoping meeting determine the following: . environmental issues that may arise from the project using as references available Scoping Guidelines for Projects in ECAs (see Table 2). Note that no official IEE scoping guidelines have been issued for the kind of project MRDP will be implementing. However, the DENR-RO may have some draft guidelines for said projects. Experienced IEE/EIS preparer should also be able to define the scope for each kind of project. * Where there are no available scoping guidelines, DENR-RO may refer to or cite important environmental impacts/issues raised in similar projects reviewed by DENR to guide the proponent. * identify affected parties and other government agencies that have jurisdictions over the project. For instance, when the project deals with land conversion, the Department of Agriculture (DA) Table 2 and the Department of Agrarian IEE Scoping Guidelines Available for Reform (DAR) are the important Projects in Environmentally Critical Areas national government agencies Agro-processing projects to be consulted. The affected Fishpond development projects ( <25 parties would include the LGUs hectares) and local communities. Food/Chemical processing plants Housing subdivisions * discuss the contents of the IEE Land Conversions Memorial parks/cemeteries and answer general questions Poultry and piggery projects related to review and Small-scale tourism projects evaluation requirements. * provide references on other sources of data/studies relevant to the project in accordance with established policies and procedures as may be prescribed by the DENR RED. INITIAL ENVIRONMENTAL EXAMINATION OF PROJECTS WITHIN ENVIRONMENTALLY CRITICAL AREAS PAGE E-5  provide a list of accredited IEE preparers (both local and national) which may be tapped by the proponent to undertake the IEE. Note that the accreditation has been suspended. However, it will still be of help to MRDP to chose from the list if and when it decides to get outside help in the preparation of the IEE. The scoping also helps the proponent make a decision whether to: . go through with the IEE with the knowledge that most issues/impacts will be settled within its scope; or