Republic of the Philippines & Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU Regional Office No. X DENR - X Compound, Macabalan, Cagayan de Oro City Telefax Nos. (088) 856-2110; (088) 856-1331; Email: region 10@mab gov ph 2018, November 28 FOR: MARIA LUISA SALONGA-AGAMATA, Phd, CESOV DIRECTOR 1V, Public Assistance and Information Office Civil Service Commission FROM: The OIC, Regional Director Mines and Geosciences Bureau, DENR -X ‘SUBJECT: COMPLAINT COURSED THROUGH THE CIVIL SERVICE COMMISSION CONTACT CENTER NG BAYAN(CCB) with Ticket Reference No. IRNO226115. Anent to the above subject, transmitted are our response on every issue raised by the anonymous complainant. Attached also are the response of the divisions concerned. rc Wuwcarr0 ¢ & Moe fetees Pose a CANN 364, ROEAIDD # CASTRO incr, Wananga Dev Seva DEWR.CO #20 ARLEIGHY AOORMALE C80 111 EN tegonal ffes No Te Mapinal See MB X “MINING SHALL BE PRO -PEOPLE AND PRO- ENVIRONMENT IN SUSTAINING WEALTH CREATION AND IMPROVED QUALITY OF UFE*Republic of the Philippines Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU — REGION X DENR- X Compound, Macabalan, Cagayan de Oro City Telefax Nos, (088) 856-2110; (088) 856-1331; Email. region 1IO@mebd.gov.ph MEMORANDUM {ff wt CEIVED \e FOR : ‘The Regional Director ree Nov 25 2m Mines and Geosciences Bureau-10 \ wo DENR-10 Compound, Macabalan, Cagayan de Oro City FROM : ‘The Chief Mine Management Division ‘The Chief Mining Safety Environment and Social Development Division This Office DATE : 2018. November 27 SUBJECT =: Email complaint from anonymous person re; “REKLAMO NA HANGTUD KARUN WALAY KABAG-OHAN - MAS MISAMOT PA” This pertains to an email from minesemb@yahoo.com dated 19 November 2018 on the stated subject referred to MGB-X for investigation and appropriate action based on existing laws, rules and regulations. Itemized below are the “REKLAMO” that concerns to Mine Management Division: ItemNo.1 Ang Ga proseso sa MGB ug EMB requirements taga opisina rsad, kung sa private namu ipatrabahu — permi biklon og sayopon ug pangitaan og bikil, dako kayo mi sa tanan og gasto. Answer: Applications for Quarry or Sand and Gravel permit are very transparent. An applicant is given a checklist of requirements. All the applicant will do is to complete the requirements, then file the application at the LGU ENR Office. The LGU then endorses the sketch Plan to the MGB for issuance of area clearance. For the conduct of a Mineral Land Survey, the Sketch Plans, and Survey Returns has to be prepared, signed and sealed by a Deputized Geodetic Engineer. On the other hand, Geodetic Engineers of MGB Office can also execute Mineral Land Surveys as provided for under Section 236 of DAO 2010-21.Item No.2 Answer: Item No. 3 Answer: Item No.4 Republic of the Philippines Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU — REGION X DENR- X Compound, Macabatan, Cagayan de Oro City Telefax Nos. (088) 856-2110; (088) 856-1331; Ernail: egion10@mgd gov.ph It appears that the anonymous complainant is an applicant for Quarry or Sand and Gravel Permit, and the requirement which the complainant is referring to is the Environmental Protection and Enhancement Program (EPEP) duly evaluated and reviewed by the technical staff of the Mine Safety, Environment and Social Development Division. We vehemently deny the allegation that we are the ones preparing or processing the EPEP, and that we are so strict in the evaluation of EPEPs prepared by private practitioners. We are just referring to and complying with the Outline/Guidelines ‘on how to prepare an EPEP using MGB Form No. 16-2 which most of the private preparers usually failed to follow; MGB-10- Sketch Pian ~ Ngano ma overlapping man permi naa man unta control map ‘ang opisina. For the past 3 to 5 years there is no more overlapping of applications because the control map is already fully computerized and in place. The overlapping and conflict areas being resolved to date are those filed several years back. During the past several years, the MGB control map specffically for Sand and Gravel and Quarry permits has undergone several transformations, We started with manual Control Map, Thence, started to computerize, uniform policy on the of sketch plan and reference Datum to be used. IMGB-10- Area Clearance — Ngano man maabtan man og 3 months ang pag process ‘ana, ngano dili gna monitor sa Chief. The backlog on the issuance of Area Status Clearance started when the Office required field verification on all applications, with only 2 Geodetic Engineers to cater for the entire Region. It was aggravated when the Chief of the Survey Section got sick and drag after his death. The Office introduced innovations and Catch-Up Plans to eliminate the backlog. Currently there is no more backlog and Area Clearance were issued in a short time with the recent policy of allowing private Deputized Geodetic Engineer to conduct area verification. MGB-10 — Hydrographic Survey ~ Ngano man taga sulod ra gyapon sa opisina ang ga trabaho unya pa permahan nalang sa private G.£. ang trabahu para dili halata na ‘taga sulod ra sila, 25k per first hectare ug 15k sa next hectare.Answer: Item No. 5 Item No. 6 Answer: tem No.7 Republic of the Philippines Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU — REGION X DENR- X Compound, Macabalan, Cagayan de Oro City Telefax Nos, (088) 856-2110; (088) 856-1331; Email: region 10@meb.gow.ph The same with area clearance, this Office allowed private Deputized Geodetic Engineer to conduct hyrographic survey, the report duly signed and sealed by the private Deputized Geodetic Engines EMB Matter Ngano man paryas ra sa WP ug CVT na 20k ug 30k per book and singil sa tga office unya cla ra mubuhat papermahan ra gyapon sa private ENgr and trabaho, Ngano ma abtan ug tag pila ka bulan ayha mahuman ug evaluate ang EPEPbook ug dghan kaayo kuti, palisud2x sa amua labun na gyud kung sa private mining engr lang mi ngpabuhat kay mao ra among ma afford. ‘The Work Program has to be prepared, signed and sealed by a Mining Engineer and/or Geologist as provided by law. This Office vehemently deny that MGB personnel prepared these reports/programs. Again, we vehemently deny the allegation that we are the ones preparing or processing the EPEP, and that we are so strict in the evaluation of EPEPs prepared by private Mining Engineer. We are just referring to the Outline/Guidelines on how to prepare an EPEP using MGB Form No. 16-2 which most of the private preparers/engineers would fail to strictly follow hence there were some delays in the final review and evaluation; ‘As to the allegation that it would take a few months to finish the evaluation of an EPEP, a complete or a final evaluation would depend solely on the prompt submission or incorporation of lacking relevant data/information in the program by the applicant. We, together with the members of the Mine Rehabilitation Fund Committee (MRFC) in the case for final review and approval of EPEP for Industrial ‘Sand and Gravel Permit and Quarry Permit applications, are just making sure that all mitigating measures/control measures on the adverse impacts of the projects shall have been set in place prior to mining operations pursuant to existing laws, rules and regulations because the protection of the environment is at stake here; “MGB 10 — COE-CEMCRR ~ Ngano maabtan man pila ka bulan ayha ma gawas ong CEMCRR report ug Certificate or COE, unya ang toga sulod sa opisina dill paryas ug evaluation. Noay uban na daghan kulang pero approved kay naghatag sa taga sulod 30 opisina. Ang dili makahatag permi ma abtan ug tag pila ka bulan ug naa pa gyud revision ma hitabu. Nag compare mi sa kauban nako permit holder na cya naa sa CityItem No. & tem No. 9 Answer: Republic of the Philippines Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU ~ REGION X DENR- X Compound, Macabalan, Cagayan de Oro City Telefax Nos. (088) 856-2110; (088) 856-1331; Email: region 10@mgb gov_ph ug ako naa sa Province sa Bukidnon, ngano mas dali ra kayo migawas ang CEMCRR namo compared sa City.” This allegation is a big lie and has no factual basis. A Certificate of Environmental Management and Community Relations Record (CEMCRR) can never be bought because the issuance shall depend strictly on the actual performance records of the applicant during previous mining operations as validated jointly by the MGB and EMB regional office technical personnel with the participation of the stakeholders. ‘An applicant must obtain at least a Satisfactory Rating based on some parameters set by law as stipulated in the Evaluation Form/Grading Sheet Similarly, a CEMCRR shail be issued only upon compliance with post evaluation/verification requirements as recommended by the validators such as but not limited to proofs of implementation of the EPEP and community development and management program, etc. by an applicant who failed to pass during the evaluation. Furthermore, the ease of getting CEMCRR has no connection with whether the mining operation is situated in the Province of Bukidnon or in the City of Cagayan de Oro. It depends on how the impacts of a project to every environmental setting (area specific) had been acceptably mitigated as no two permit areas are the same. Hence, ‘general comparison based simply on a time frame is not accurate, “MGB -year 2017- Kami nagpadala ug sulat sa DENR ug MGB 10 bahin sa pag kolekta sa amoang bayad sa CEMCRRR application na unta sa MGB Cashier namu ibayad pero si mam Jose! nagkolekta sa bayad ug cya rosad nagbuhat ug acknowledgement receipt. Geunsa man to ug audit ngano wala man na trace ug nasapon na klaru kayo to sa tanan”. When asked again for their comments on this previous allegation by the undersigned, all technical personnel concerned reiterated that they did not collect, unauthorized verification fees as alleged by the anonymous complainant. MGB — Ngano man kami sa Bukidnon na issuehan na ug permit pero and amoang mga books na WP/EPEP/CVTR kay gatuyok2x pa sa opisina sa MGB kay dghan pa kayo gipa usab. Geunsa man na pekahitabo na gehatagan naman mi PERMIT gekan BENRO. This could never happen, and vehemently denied by the BENRO, Ms. Cecil Egnar. She said that based on their record, there is no permit approved by the Governor withItem No. 10 Republic of the Philippines Department of Environment and Natural Resources MINES AND GEOSCIENCES BUREAU ~ REGION X DENR-X Compound, Macabalan, Cagayan de Oro City Telefax Nos. (088) 856-2110; (088) 856-1331; Frmail:rezion10@meb.gov.ph incomplete requirements. An application for Quarry and Sand and Gravel permit will have to be reviewed by the Technical Working Group. Then when all requirements ‘are complied, the subject application is endorsed to the Provincial Mining Regulatory Board (PMRB) for final review and endorsed to the Governor for approval. Unta paryasun tanan and requirement ma CLENRO/ENRO/BENRO kay unfair kaayo na sa uban. The MGB and all Provincial/City Mining Regulatory Board (P/CMRB) generally apply the same rules, regulations and procedure in the processing and approval of applications for Quarry Permit, Sand and Gravel Permit, Mineral Processing Permit, Accreditation of Mineral Traders, and all other permits devolved to the Local Government Units. For information and consideration. DANI Chief] Mine Management Division Chief, MSESOI