Republic of the Philippines

Department of Environment and Natural Resources

ENVIRONMENTAL MANAGEMENT BUREAU – R6
OFFICE OF THE REGIONAL DIRECTOR
Region VI, Western Visayas
EMB Building, DENR Compound, Parola, Iloilo City
Tel. No. (033) 336-6989 Email: embr6@emb.gov.ph

July 14, 2022

ECC-OL-R06-2022-0252

MR. ADRIANNE KULYE DELA CRUZ

Owner
Industrial Sand and Gravel (ISAG) Project
Barangay Poblacion, Hinigaran, Negros Occidental

Subject: ENVIRONMENTAL COMPLIANCE CERTIFICATE

Dear Mr. Dela Cruz;

This refers to the Environmental Compliance Certificate (ECC) application for the
proposed Industrial Sand and Gravel (ISAG) Project to be located along
Binalbagan River, Barangay Palayog, Hinigaran and Barangay San Jose,
Binalbagan, Negros Occidental.

After satisfying the requirements of the said application, this Bureau has decided
to grant an ECC for the above-mentioned project.

With the issuance of this ECC, you are expected to implement the measures
presented in the Initial Environmental Examination Checklist (IEEC), intended
to protect and mitigate the project’s adverse impacts on community health,
welfare and the environment. Environmental considerations shall be
incorporated in all phases and aspects of the project.

This Certificate does not create any right nor be used as an authorization to
implement the project, you may proceed with the implementation only after
securing all the necessary and relevant permits from other pertinent Government
Agencies. This Office shall be monitoring the project periodically to ensure strict
compliance with the stipulations cited in the attached ECC.

Please be guided accordingly.

ATTY. RAMAR NIEL V. PASCUA

Regional Director

O.R. No. : 2061733

Processing Fee : Php 5,077.00
Date : 6/20/2022
 Republic of the Philippines
Department of Environment and Natural Resources
ENVIRONMENTAL MANAGEMENT BUREAU – R6
OFFICE OF THE REGIONAL DIRECTOR
Region VI, Western Visayas
EMB Building, DENR Compound, Parola, Iloilo City
Tel. No. (033) 336-6989 Email: embr6@emb.gov.ph

ENVIRONMENTAL COMPLIANCE CERTIFICATE

(Issued pursuant to Presidential Decree 1586 and its IRR)

ECC-OL-R06-2022-0252

THIS IS TO CERTIFY THAT THE PROPONENT, MR. ADRIANNE KULYE DELA

CRUZ, is granted this Environmental Compliance Certificate (ECC), for its
Industrial Sand and Gravel (ISAG) Project located along Binalbagan River,
Barangay Palayog, Hinigaran and Barangay San Jose, Binalbagan, Negros
Occidental, Region VI, by the Department of Environment and Natural
Resources (DENR), through the Environmental Management Bureau (EMB).

SUBJECT to the conditions and restrictions set out herein labeled as Annexes A
and B:

PROJECT DESCRIPTION
(Item 2.1.3. Extraction of Nonmetallic Minerals such as Aggregates (sand, stone, gravel including
dredging with/intended for recovery/use of materials) “Area is < 20 hectares”)

The ECC covers the proposed Industrial Sand and Gravel (ISAG)
Project. The project covers a total area of Twenty Eight Thousand Nine
Hundred Eight (28,908) square meters (2.8908 hectares) with an annual
extraction rate of Fifteen Thousand (15,000) cubic meters (28,050 MT based on
the 1.87 specific gravity for sand and gravel materials), located along
Binalbagan River, Barangay Palayog, Hinigaran and Barangay San
Jose, Binalbagan, Negros Occidental, Region VI. Portions of the applied
area are geographically located at 10°12'50.90", 10°12'45.87",
10°12'44.42", 10°12'49.13" North Latitude and 122°54'6.9",
122°54'23.92", 122°54'25.02", 122°54'6.7" East Longitude. Portions of the
processing area are geographically located at 10°12'4.18", 10°12'3.03",
10°12'59.52", 10°12'59.45" North Latitude and 122°54'21.74",
122°54'25.23", 122°54'25.21", 122°54'22.35" East Longitude.

The extracted materials will be transported to the 2000 square

meter area processing plant, which is a portion of Lot No. Lot 1588-B-3
under TCT No. TCT T-202834 at Brgy. Palayog, Hinigaran, Negros
Occidental, Negros Occidental. A multi-deck vibrating screen is used to
separate materials and produce the desired sizes of aggregate materials. The
aggregates will be washed using river water, and the wash water will be
treated through sedimentation ponds. The finished products of the processing
plant gravel (G1, G3/4, G3/8, and washed sand).

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 As stated in the Project Component and Operation Information (PCOI), the
project component includes: one (1) unit multi-deck vibrating screen (20 MT/hr);
one (1) unit backhoe (0.75 – 1.0 cubic meter); one (1) unit payloader (2 – 3 cubic
meter); three (3) units ten-wheeler dump truck (12 – 16 cubic meters); settling
pond; and diesel engine motor for vibrating screen operation (5 – 10 KWh).

This Certificate is issued in compliance with the requirements of

Presidential Decree No. 1586, and in accordance to DENR Administrative Order
(D.A.O.) No. 2003-30. Non-compliance with any of the provisions of this
Certificate shall be a sufficient cause for the cancellation of this Certificate
and/or imposition of a fine in an amount not to exceed Fifty Thousand Pesos
(Php 50,000.00) for every violation thereof without prejudice to imposition of
fines and penalties under other environmental laws. The EMB, however, is not
precluded from reevaluating and correcting any deficiencies or errors that may
be found after issuance of this Certificate.

Issued at EMB-R06, FMS Compound, Parola, Iloilo City this July 14, 2022.

Recommending Approval:

ENGR. ANNE MARIE A. DELARIARTE

Chief, Clearance & Permitting Division

Approved:

ATTY. RAMAR NIEL V. PASCUA

Regional Director

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 SWORN ACCOUNTABILITY STATEMENT

I, MR. ADRIANNE KULYE DELA CRUZ, owner, representing Industrial Sand

and Gravel (ISAG) Project with office address located in Barangay Poblacion,
Hinigaran, Negros Occidental takes full responsibility in complying with all
conditions in this Environmental Compliance Certificate (ECC).

_______________________________
Mr. Adrianne Kulye Dela Cruz
Signature

TIN No.

Subscribed and sworn before me this , the above-named

affiant taking oath presenting , issued on
at .

Notary Public

Doc. No.
Page No.
Book No.
Series of

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 Annex A
I. CONDITIONS

ENVIRONMENTAL MANAGEMENT

All commitments, mitigating measures and monitoring requirements, especially

those contained in the Initial Environmental Examination Checklist Report,
particularly in the Environmental Management and Monitoring Plan (EMMoP),
shall be instituted to minimize any adverse impact to the environment
throughout the project implementation including among others the following, to
wit:

POTENTIAL RATING/
IMPACT PER PERFORMANCE
PROJECT MITIGATING MEASURES OF MITIGATING
ACTIVITY PER MEASURES
PROJECT PHASE
A. Construction Phase
A.1 Site Development [Site Clearing, Road Network Development (ISAG),
Construction of processing and other Related Facilities (with crushing plant)]
Degradation of • Provide portalet(s) for construction 100% compliant
surface water quality workers with RA 9275
due to contamination
from domestic Note: at least one (1) portalet for 60
wastewater (with workers where the number of male
crushing plant) workers exceeds 500 (as per IRR-
Industrial Hygiene, PD 856
Amending Administrative Order
111 Series of 1991)

Note: at least one (1) portalet for 25

workers where the number of male
workers exceeds 100 (as per IRR-
Industrial Hygiene, PD 856
Amending Administrative Order
111 Series of 1991)

• Provision of temporary septic tank

or wastewater collection system for
workers

Hauling of wastewater from

portalets/septic tank by third party
shall be covered by a licensed/permit
from LGU and with valid Discharge
Permit for the wastewater treatment
facility
Potential siltation of • Provision of drainage systems to 100%
nearby drainage minimize and control infiltration of compliance to
system/water bodies sediments to the nearby water DAO 2016-08
due to soil erosion bodies and RA 9275
(with crushing plant) • Provision of an easement from

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 water bodies at least three (3)
meters in urban areas, twenty (20)
meters in agricultural areas, and
forty (40) meters in forest areas in
compliance to the Water Code of
the Philippines
Generation of dust • Maintain a misty access road 100%
from site preparation surface within project site by compliance to RA
sprinkling of water at least (2x) 8749
twice a day during dry season
• Vehicles transporting aggregates/
construction materials should be
adequately covered with tarpaulin
canvass or jute sacks at all times
Generation of noise • Use of mufflers, silencer, and 100% Noise
due to operation/ exhaust pipes for construction within standard
construction (for equipment (NPCC MC 002
crushing plant) • Provision of appropriate noise Series of 1980)
mitigating measures (such as
construction of fences, enclosure of
stationary work areas and
equipment, maintenance of
equipment, etc.) whenever
applicable
Generation of spoils • Excess spoils to be hauled by third 100% RA 9003
such as excess fill party hauler for proper disposal
materials from • Trucks should be thoroughly
grading and washed before leaving the project
excavation activities site to avoid the transfer of
(for crushing plant) mud/dirt in the road
• Spoils shall be stockpiled on flat
areas and away from the adjacent
access roads, drainage routes and
nearby water body
Generation of • Proper collection of construction 100% RA 9003
construction debris debris Solid Waste Management
(for crushing plant) Program in compliance to RA 9003
• Collection of construction debris by
third party hauler with valid
permit/clearance from LGU
Generation of used • Provision of storage for hazardous100%
oil, batteries, and wastes with proper labelling compliance to RA
other hazardous • Collection of hazardous wastes by 6969
materials (for DENR accredited 3rd party hauler
crushing plant) and treater
B. Operational Phase
B.1 Delivery and transfer of raw (SAG) materials and finished goods, processing
Administrative Operation and other Facilities for with crushing project
Degradation of • Provide portalets for construction 100% compliant
surface water quality workers with RA 9275
due to contamination
from domestic Note: at least one (1) portalet for 25

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
wastewater (with workers where the number of male
crushing plant) workers exceeds 100 (as per IRR-
Industrial Hygiene, PD 856
Amending Administrative Order
111 Series of 1991)

• Provision of temporary septic tank

or wastewater collection system for
workers

Hauling of wastewater from

portalets/septic tank by third party
shall be covered by a licensed/permit
from LGU and with valid Discharge
Permit for the wastewater treatment
facility
Degradation of • Provision of spill boom (if 100% compliant
surface water quality applicable) with RA 9275
due to contamination • Use of properly maintained the
from oil, fuel or other heavy equipment
lubricant
agents leaks from
heavy equipment
Potential siltation • Provision of temporary sand barrier 100% compliant
(turbidity) during from the active site/area of with RA 9275
Extraction extraction (if applicable);
• Provision of silt curtain (if
applicable)
• Appropriate method of extraction
as identified by MGB
Generation of • Provision of Settling Pond in Series 100%
Process Wastewater (at least 3 chamber) compliance with
(with Crushing) • Provision of Drainage Canal RA 9275
Generation of noise • Provision of enclosures or muffling 100% Noise
from equipment devices on engines and equipment within standard
(crushers, screens • Use of sound absorbing liners (e.g. (NPCC MC 002
etc.) rubber) Series of 1980)
• Daytime operation only, or secure
permit/clearance from concerned
barangay if operating at night time
Generation of air • Use of mufflers, silencer, and 100%
pollutants from exhaust pipes compliance with
delivery trucks/ RA 8749
generator set
Generation of solid • Provision of Materials Recovery 100% compliant
wastes Facility (MRF) to RA 9003
• Segregation of wastes with proper
labelling, and wastes materials
manifest indicating the volume of
waste and date of
collection/segregation
• Hauling of domestic wastes by

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 third party contractor with
permit/clearance from LGU for
proper disposal of wastes
• Compost materials (if any) shall be
made available to community for
distribution through its Corporate
Social Responsibility (CSR)
Generation of used Provision of storage facility/area and 100% compliant
oil (from motorpool) collection of hazardous wastes by to RA 6969
and other hazardous DENR accredited 3rd party hauler and
materials (i.e., used treater
batteries, fluorescent
lamps) (with
Crushing)
Generation of • Provision of storage facility/area 100% compliant
hazardous wastes and collected by hazardous wastes to RA 6969
(with Crushing) DENR accredited third party hauler
and treater
• Provision of PPE for proper
handling
Generation of Used • Proper disposal of generated used 100% compliant
Oils from heavy oils to RA 6969
equipment
River Bank • Planting of Bamboos or applicable 100 No erosion
Erosion/Scouring tree species along nearest caused by the
riverbank, disturbed areas, or in project
steep slopes to prevent soil erosion
• Uniform depth method of SAG
Extraction
• Provision of buffer zone to protect
the riverbank
Impacts on • No extraction within one (1)
Infrastructure kilometer radius from any
(Bridges and government infrastructure
Irrigation Canals) project(s)
Generation of • Monitoring of the following 100%
effluents due to significant effluent quality compliance with
wastewater parameters: DENR effluent
generation standards (RA
Total Suspended Solids 9275); (i.e., DAO
2016-08 and
DAO 2021-19)

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 GENERAL CONDITIONS

1. The proponent shall maintain a uniform depth of extraction at any given

time on the approved area and shall not exceed two (2) meters as per
validation report of MGB Embedded Personnel dated November 26,
2021. Existing vegetation on the embankments shall not be disturbed;

2. A buffer zone of at least five (5) meters from the boundaries of the
applied area to the place of extraction shall be religiously observed and
shall be limited to the applied/claimed area only;

3. The proponent shall comply with all the provisions of RA 9275, the Philippine
Clean Water Act of 2004 and its Implementing Rules and Regulations (IRR);

4. The proponent shall install and maintain air pollution control devices to
minimize dust and gas emissions from different sources. Likewise the
proponent shall ensure that emissions at all times comply with the DENR
standards and with all the provisions of RA 8749, the Philippine Clean Air
Act of 1999 and its Implementing Rules and Regulations (IRR);

5. The proponent shall install, operate, and maintain collection, handling,

treatment, storage and disposal facilities or any system serving different
sources of hazardous waste. The system shall be properly operated to ensure
compliance with all the provisions of RA 6969, the Toxic Substances and
Hazardous and Nuclear Wastes Control Act of 1990 and its Implementing
Rules and Regulations (IRR);

6. The proponent shall install, operate and maintain collection, handling,

treatment, storage and disposal facilities or any system serving different
sources of solid waste. The system shall be properly operated to ensure
compliance with all the provisions of RA 9003, the Ecological Solid Waste
Management Act of 2000 and its Implementing Rules and Regulations (IRR);

7. Planting of appropriate tree species shall be undertaken in coordination with

DENR CENRO in support to National Greening Program of the DENR to
compensate for the loss of vegetation. Replacement of trees shall follow the
following ratio: 50 trees for one (1) planted tree cut and 100 trees for one
(1) naturally growing tree cut;

8. Stockpiling of aggregates shall not be allowed on the riverbed and shall be

done only on the designated areas, stockpiled in low mounds and away from
the riverbanks;

9. No diversion of the flow of the river shall be undertaken or any construction

that would reduce the width of the river channel, constrict or impede the flow
of water (including the construction of access roads);

10. The proponent shall designate a Pollution Control Officer (PCO) and secure
accreditation at the EMB Regional Office within six (6) months from the
issuance of this ECC who shall take charge on the environmental concerns
of the project;

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
11. That should there be any unwarranted destruction (from the scouring of the
riverbank) of the adjacent private property/land, etc. brought about by the
project implementation, the same shall be reported immediately to this office
or to the nearest CENRO within 24 hours and the operation causing the same
shall be automatically stopped. Likewise, restoration/mitigation or
compensation shall be carried out by the proponent and a report of such
restoration/mitigation or compensation shall be submitted to this office for
evaluation and determination whether the operation shall be allowed to
continue or not based on the environmental conditions;

12. That the proponent shall conduct continuously an Information Education

Communication (IEC) Campaign to the surrounding community to inform
them of the environmental impacts and corresponding mitigating/enhancing
measures prior and during the implementation of the proposed project;

13. That there shall be no screening and/or washing of quarry materials within
the streambed to avoid siltation and turbidity of water. Likewise, no stockpile
shall be left at the streambed during extraction to avoid obstruction of water
flow;

14. A billboard containing this message: “Notice to the Public, This project
(title of the project) of (Name of the proponent) has been issued an
Environmental Compliance Certificate (ECC Number) by the
Environmental Management Bureau of the Department of Environment
and Natural Resources, Region 6, on (date).” This message must be
installed at entry/exit points of the project;

15. The proponent shall submit an Abandonment Plan to the EMB Regional
Office at least six (6) months prior to project abandonment. The plan shall
include rehabilitation measures/clean-up, remediation of areas affected by
the project and proposed alternative projects in the area;

16. The proponent shall provide “one entry” and “one exit” for its operation and
shall install a Closed-Circuit Television (CCTV) connected to the server of
EMB Regional Office concerned; and

17. The proponent shall submit monthly drone shots of the whole applied ISAG
Project area to be taken every end of the month and shall be included in the
submission of Compliance Monitoring Report (CMR). Clear and visible shots
of the quarry area shall be taken for every river segment of (50-100 meters).

II. RESTRICTIONS

1. The proponent shall coordinate with other concerned Government Agencies

in the management of the project and shall implement only after securing all
the necessary and relevant permits from other pertinent Government
Agencies;

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
2. Mechanical mode of extraction shall be employed and shall be limited to the
claimed area only. Equipment to be used such as backhoes, pay loaders,
dump trucks and the vibrating screen with washery component shall not
exceed the number of units and respective capacity as specified in the Project
Description. The vibrating screen component of the project shall be
solely used for the proponent’s ISAG project and shall not accept
outside sand and gravel materials for processing;

3. Provision of an easement from water bodies at least three (3) meters in urban
areas, twenty (20) meters in agricultural areas, and forty (40) meters in forest
areas in compliance to the Water Code of the Philippines;

4. No other activities shall be undertaken other than what was stipulated in the
IEEC document. Any expansion or modification of the Project beyond the
project description or any change in the activity shall be subject to a new EIA
study;

5. In case of transfer of ownership of this Project, these same conditions and

restrictions for which written notification must be made by herein grantee to
EMB within fifteen (15) working days from such transfer;

6. Any request/s for ECC amendments, except for change in ownerships and/or
modification should be in accordance with Annex B of MC 2014-005;

7. Annual rate of extraction of sand and gravel materials shall not exceed
Fifteen Thousand (15,000) cubic meters (28,050 MT based on the 1.87
specific gravity for sand and gravel materials). Otherwise, if there is an
exceedance, it shall be subject to a new Environmental Impact Assessment;

8. This Certificate shall be automatically terminated upon exhaustion of the

101,070 cubic meters (including 40% replenishment per year) mineral reserve
of the applied area based on the Certificate of Approval (No. 2022-015-VI)
issued by DENR-MGB, Region 6 on January 6, 2022; and

9. This Certificate shall be considered automatically revoked if the project has not
commenced within the period of five (5) years from the issuance thereof or if the ECC
was not requested for extension within three (3) months from the expiration of its
validity provided that no significant changes in land and resources uses have
occurred in the project area or its vicinities to the extent that the impact assessment
as embodied in the Environmental Management Plan (EMP) is no longer appropriate.

Moreover, as per EMB Memorandum Circular No. 2021-31 Revised Guidelines on

the Five-Year Validity of ECC pursuant to DAO No. 2003-30, for projects which
cannot be implemented due to involuntary suspension of implementation pursuant
to policy issuances, Temporary Environmental Protection Order (TEPO), suspended
or non-issuance of permits and clearances not attributable to the proponent, Cease
and Desist Order (CDO), etc., the five (5)-year period shall be tolled from the time of
issuance of the policy, TEPO, suspension or non-issuance of permits and clearances,
CDO, etc. The five (5)-year period shall continue to run upon lifting of the same. The
updated baseline characterization and Environmental Management and Monitoring
Plan shall be continuously submitted during the tolled period.

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz
 Annex B

PROJECT ASSESSMENT PLANNING TOOL

For the assistance of the Proponent and the Government agencies concerned in
the management of the Project and for better coordination in mitigation of the impacts
of the Project on its surrounding areas and the environment, and by way of
recommendation, forwarding these recommendations to the parties and authorities
concerned for appropriate action.

Environmental Planning Recommendations and

Regulatory Requirements for the Proponent
Local Government Unit (LGU)
1. The proponent shall ensure compatibility of the project location in relation
to zoning classification (with crushing).
2. The proponent shall give priority employment to qualified local residents.
Adequate public information for jobs available to local residents in the
affected areas shall be provided.
3. The proponent shall coordinate with the concerned LGU for the
implementation of Solid Waste Management Plan.
4. The proponent shall comply with the Building Code and Sanitation Code of
the Philippines (with crushing).
5. The proponent shall implement emergency response plan and disaster
preparedness program in case of emergencies.
6. The proponent shall submit a traffic management plan.
DOLE – Bureau of Working Condition
7. The proponent shall comply with the Labor Code of the Philippines.
8. Consider Project’s preference to local populace for employment provided
that they met the required skill requirements. Workers shall be provided
with safely paraphernalia such as mask, boots, etc. and in case of accident
proper compensation shall be given to the affected parties.
DOH – Department of Health
9. Provide health protocols for the workers.
PENRO/MRFC – Province of Negros Occidental
10.Consider Project’s total volume of materials to be extracted and observance to
the specified buffer zones shall be strictly monitored in order to prevent
degradation of the riverbed and destruction of embankments due to over
extraction.

ENGR. ANNE MARIE DELARIARTE ATTY. RAMAR NIEL V. PASCUA

Chief, Clearance & Permitting Division Regional Director

Environmental Compliance Certificate

Industrial Sand and Gravel (ISAG) Project
Mr. Adrianne Kulye Dela Cruz