REPUBLIC OF THE PHILIPPINES Department of Public Works and Highways Department of Environment and Natural Resources Department of the Interior and Local Government Department of Transportation DOTr JOINT MEMORANDUM CIRCULAR: OFFICE OF THE SECRETARY : ean wo01 Dili rcae BIN Series of 2019 MAR 14 2019 | 10 : mam TY | By: £9 SUBJECT Guidelines on the Issuance of Clearance and/or Permit for Dredging Within Waterways or Other Inland Bodies of Water 1. PURPOSE This Joint Memorandum Circular (JMC) is being issued for the information and guidance of a qualified person who wish to apply for a clearance/permit to dredge within rivers, river deltas and other inland bodies of water. It prescribes the procedure in the application for the said clearance and/or permit and sets the standard and technical requirements in the planning, design, and implementation of dredging activities defined in the following sections. Further, it defines the roles and responsibilities, and limits of authority of each concerned Office and personnel. 2. SCOPE ‘The guidelines prescribed in this Joint Memorandum Circular shall be the basis for the Processing of applications for clearance and/or permit to conduct dredging where ‘commercial utilization of the dredged materials by the Permittee/Contractor (may include LGUs and other government agencies except DPWH) is involved regardless of whether the proposed dredging is intended to help in the Government's flood control program or solely for material extraction. Likewise, it shall cover dredging projects for flood control and avigation funded and to be implemented by the DPWH or LGUs, either by administration or by contract. 3. LEGAL BASES 3.1 Republic Act 7942 s. 1995 entitled “the Philippine Mining Act of 1995" Section 2. Declaration of Policy All mineral resources in public and private lands within the territory and exclusiveJMC No, _S. 2019 Guldelines on the Issuance of Clearance ancior Permit for Dredging ‘Within Waterways or Other Inland Bodies of Water Page 2 of 17 economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibilty of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of the Government and private sector in order to enhance national growth in a way that effectively safeguards the environment and protects the rights of affected communities. 3.2 Executive Order No. 292, s. 1987 [Book IV/Title XIV-Environment and Natural Resources/Chapter 1-General Provisions] Section 1. Declaration of Policy (2) The State shall ensure, for the benefit of the Filipino people, the full exploration and development as well as the judicious disposition, utilization, management, renewal and conservation of the country's forest, mineral, land, waters, fisheries, wildlife, off- shore areas and other natural resources, consistent with the necessity of maintaining a sound ecological balance and protecting and enhancing the quality of the environment and the objective of making the exploration, development and utilization of such natural resources equitably accessible to the different segments of the present as well as future generations. Section 2. Mandate (1) The Department of Environment and Natural Resources shall be primarily responsible for the implementation of the foregoing policy. (2) It shall, subject to law and higher authority, be in charge of carrying out the State's, constitutional mandate to control and supervise the exploration, development, utilization, and conservation of the country's natural resources. 3.3 Executive Order No. 292, s. 1987 [Book IV/ Title V-Public Works and Highways/ Chapter 1-General Provisions] Section 1. Declaration of Policy ‘The State shall maintain an engineering and construction arm and continuously develop its technology, for the purposes of ensuring the safety of all infrastructure facilities and securing for all public works and highways the highest efficiency and the most ‘appropriate quality in construction. The planning, design, construction and maintenance of infrastructure facilities, especially national highways, flood control and water resources development system, and other public works in accordance with national development objectives, shall be the responsibility of such an engineering and construction arm. However, the exercise of this responsibility shall be decentralized to the fullest extent feasible. Section 2. Mandate The Department of Public Works and Highways shall be the State's engineering and construction arm and is tasked to carry out the policy enunciated above.7 JMC No, _$. 2019 Guidelines on the Issuance of Clearance andor Permit for Dredging \Within Waterways or Other Inland Bodies of Water Page 3 of 17 Section 3. Powers and Functions ‘The Department, in order to carry out its mandate, shall: (2) Develop and implement effective codes, standards, and reasonable guidelines to ensure the safety of all public and private structures in the country and assure efficiency and proper quality in the construction of public works; Ascertain that all public works plans and project implementation designs are consistent with current standards and guidelines. 3.4 Amended IRR of the Water Code of the Philippines Section 32. When Permit/Authority from the Department of Public Works and Highways in eautred ‘A permit/authority shall be secured from the Department of Public Works and Highways in the following instances: a) Construction of dams, bridges and other structures in navigable or floatable waterways; b) Cultivation of river beds, sand bars and tidal flats upon clearance from DENR; ©) Construction of private levees, revetments and other flood control and river training works; and d)_ Restoration of river courses to former beds. 3.5Mining Industry Coordinating Council Resolution No. 4 - ‘Address the Black Sand Mining Operations in the Country” dated May 30, 2014, Item (c) of the dispositive portion ) That in the case of river and/or river delta dredging activities, the Department of Public Works and Highways as the mandated agency, shall have the direct control and supervision of said activities, and that only the same activities as supervised by the DPWH may be Issued with MPPs by the DENR-MGB, for the processing and disposition of the dredged materials upon clearance by the DPWH and in accordance with the pertinent provisions of RA 7076: "People’s Small-Scale mining Act of 1991", EO No 79 and other applicable laws, and rules and regulations. 4, ACRONYMS AND DEFINITION OF TERMS 4.1 Acronyms CNC - Certificate of Non-Coverage CMRB - City Mining Regulatory BoardJMC No. _S. 2019 Guidelines on the Issuance of Clearance and/or Permit for Dredging ‘Within Waterways or Other Inland Bodies of Water Page 4 of 17 DENR - Department of Environment and Natural Resources DILG - Department of the Interior and Local Government DOTr - Department of Transportation DPWH - Department of Public Works and Highways ECC - Environmental Compliance Certificate LGU - Local government unit MGB - Mines and Geosciences Bureau MPP - Mineral Processing Permit PMRB - Provincial Mining Regulatory Board PPE Personal Protective Equipment 4.2 Definition of Terms For the purpose of this JMC, the following definition of terms shall be adopted: Applicant Buffer Zone ‘Commercial Utilization Control Map Dredging Dredging Clearance Qualified Person seeking a mining permit/contract and/or dredging Clearance. ‘A ten (10) meter easement measured from the toe of existing riverbanks and/or river structures, such as dikes, revetment, nose of spur dikes and other river training structures, towards the river main channel. the act of trading the dredged materials to whatever purpose it may serve in the market ‘a map of geographic locations and limits of all proposed, on-going and completed dredging operations. excavation operation done within waterways or other inland bodies of water with the purpose of gathering up bottom sediments and disposing them at a different location (for flood control, navigation, reclamation, beach nourishment, environmental remediation, mining and construction). earance issued by the DPWH to qualified persons who will conduct dredging with commercial utilization Dredging Permit - authority issued by DPWH to LGUs and other government agencies which will conduct dredging without commercial utilization of dredged materials.Dredged Materials Mining Operations JMC No. _ 5, 2019 Guidelines on the Issuance of Clearance andlor Permit for Dredging Within Waterways or Other Inland Bodies of Water Page 5 of 17 — refers to materials taken from the riverbed, lakebed and/or seabed. mining activities involving exploration, feasibility study, development and utilization, Mining Permits ~ include Exploration, Quarry, Sand and Gravel (Commercial, Industrial Permittee/ Contractor Qualified Person Quarrying River delta Spoil Site Standard Requirements Statutory Requirements and Exclusive), Gratuitous (Government or Private), Special Mineral Extraction Permit (SMEP), Guano, Gemstone Gathering and Small- Scale Mining Contracts. - holder of mining permit/contract and/ or dredging permit. defined under Republic Act 7942 as any citizen of the Philippines with capacity to contract, or a corporation, partnership, association, or ‘cooperative organized or authorized for the purpose of engaging in with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty per centum (60%) of the capital of which Is owned by citizens of the Philippines: Provided that 2 legally organized foreign- ‘owned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance ‘agreement or mineral processing permit. For the purpose of this JMC, Qualified Person shall include LGUs. the process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land. — coastal accumulations, both subaqueous and subaerial of river-derived sediments adjacent to, or in close proximity to the source stream, including the deposits that have been secondarily molded by various marine agents such as waves, currents, or tides — an environmentally acceptable, open or confined, geographical area inland or offshore, sustainable for the disposal, containment, and management of dredged materials. = general and technical requirements/conditions — rules and regulations as prescribed by state existing laws and Policies. 5. APPLICATION FOR CLEARANCE/PERMIT To ensure timely and efficient action on applications for clearance and/or permit for dredging, the following procedure shall be followed:JMC No, _S. 2019 GGuldatines on the Issuance of Clearance and/or Permit for Dredging ‘Within Waterways or Other Inland Bodies of Water Page 6 of 17 5.1 Dredging with Commercial Utilization of Dredged Materials 1) Any qualified person who intends to apply for a mining permit for the commercial utilization of dredged materials shall seek endorsement (LGU Resolution) from the concerned LGU(s) that may be affected by the clearance/permit application. The 2 out of 3 rule shall be applied, e.g., endorsement of at least 2 of the 3 LGU levels (provincial, city/municipal and barangay). In case area is covered by ancestral domain, free and prior informed consent shall be obtained from the NCIP. 2) Upon obtaining the required endorsement from the concerned LGUs, the Applicant shall file an application for mining permit with the complete set of requirements, Including electronic file of survey data, together with the Work Program (MGB Form No. 5-4 or 6-2), required under Section 74 of DAO 2010-21 (IRR of RA 7942), with the: a. Provincial/City Mining Regulatory Board for areas covering not more than five (5) hectares b. MGB Regional Director for areas more than five (5) hectares but not more than ‘twenty (20) hectares. c. DENR Secretary for areas more than twenty (20) hectares but not more than ‘one-hundred (100) hectares. Provided further that only one permit shall be granted to a qualified person in Municipality at any one time under such terms and conditions. ‘Any application for mining permit that transcends into two (2) or more regions/provinces/cities shall be filed with the Regional Office/Provinciai/City Mining Regulatory Board which has the largest area covered by the application, copy furnished the other Regional Office(s)/Provincial/City/Mining Regulatory Board concemed. 3) The concerned P/CMRB or the DENR-MGB Regional Office shall check in the control maps if the area is free/open for mining application. The “First time-in Principle” shall be strictly observed in receiving of dredging application based on the date and time of receipt of application. P/CMRB shall endorse the application to the MGB Regional Office for Area Status Clearance prior to processing the application. If the area is found to be within areas open to mining and has fully complied the mandatory requirements, the applicant shall pay the prescribed filing fee on the same working day or within eight (8) working hours, 4) The concerned P/CMRB or the DENR-MGB Regional Office shall endorse the application to the concerned DPWH District Engineering Office (DEO) to check if the area is covered by existing application for dredging permit/clearance or flood control project. The DPWH DEO after checking its control map shall inform the P/CMRB or the DENR-MGB Regional Office on the results of its evaluation.JMC No, _S. 2019 Guidelines on the Issuance of Clearance andlor Permit for Dredging ‘Within Waterways or Other Inland Bodies of Water Page 7 of 17 5) A Notice of Application for Mining Permit shall be issued by the P/CMRB or the DENR- MGB Regional Office. The applicant shall cause the publication of the Notice of Mining Application once in two (2) newspapers: one of general circulation published in Metro Manila and another published In the municipality or province where the proposed area is located. 6) The Applicant shall submit to the DPWH DEO all the documentary requirements prescribed under Section 6 of the JMC. 7) The DPWH District Engineer shall investigate each application filed with the DEO, and if necessary, conduct public hearings thereon and shall transmit his report and recommendation to the DPWH Regional Director who, after proper review, shall transmit the application with its supporting documents and recommendations to the DPWH Secretary or his duly authorized official for appropriate action. IF deficiencies ‘or non-conformities are found, the Applicant shall immediately be notified for rectification. 8) Upon evaluation and the application is found in order, the DPWH shall approve the dredging plans and issue a dredging clearance to the Applicant signed by the DPWH Secretary or his duly authorized official. 9) The Applicant shall secure the necessary Environmental Clearance (Certificate of Non-Coverage (CNC)/Environmental Compliance Certificate (ECC). 10) The DENR-MGB Regional Office or Provincial/City Mining Regulatory Board concerned shall then approve/issue the mining permit after the issuance of the CNC/ECC and shall notify the Permittee/Contractor to cause the registration of the same within fifteen (15) working days from receipt of the written notice. Registration is effected ‘only upon payment of the required fees, taxes and other charges. The DENR-MGB Regional Office concemed shall officially release the mining permit to the Permittee/Contractor after registration. 11)The DENR-MGB Regional Office concerned shall also furnish the duly registered mining permit to the concemed Provincial Governor and Municipal Mayor copy furnished the Barangay Chairman together with the approved work program and dredging plan. 12) The Permittee/Contractor shall notify the DPWH DEO/RO on its implementation schedule 13) The transport of dredged materials by a permit holder must be accompanied by an Ore Transport Permit (MGB Form No. 12-1) Issued by the concerned P/CMRB and/or DENR-MGB Regional Director prior to the transport of dredged material pursuant to ‘Chapter XII Section 117 of Administrative Order No. 2010 - 21, 14)If the dredged material shall be transported outside the Philippines, the applicant shall apply for a Mineral Ore Export Permit (MOEP) from the Office of the Provincial Governor or the DENR-MGB Regional Director concerned pursuant to the applicable Provisions of DAO No. 2008 - 20 and DMO No. 2009 - 01,JMC No, _S, 2019 Guidelines on the Issuance of Clearance and/or Permit for Dredging ‘Within Waterways or Other Inland Bodies of Water Page 8 of 17 5.2. DPWH Flood Control Dredging Projects DPWH dredging projects for flood control involve the excavation, vertical transport and placement of the dredged materials into designated spoil site but without commercial utilization of the same. Such projects are implemented by the DPWH through its Unified Project Management Office for Flood Control Management Cluster (UPMO-FCMC), Regional Offices and/or District Engineering Offices, either by administration or by contract, and shall be in conformity with existing relevant DPWH guidelines and issuances. 1) The DPWH Implementing Office (10) shall prepare all the documentary requirements prescribed under Section 6 of this JMC and other DPWH issuances. 2) Upon approval of the plans in accordance with the delegated authorities, the 10 shall secure a CNC/ECC from the Environmental Management Bureau, DENR, attaching the approved plans to the application. 5.3. Dredging Projects for flood control, navigation and other purposes to be funded and implemented by the LGUs and other government agencies without commercial utilization 1) The Applicant after obtaining LGU Resolution, shall file an application for dredging permit before the DPWH DEO concerned. 2) The DPWH DEO shall check its control map if the proposed area is covered by existing application for dredging permit/clearance or approved flood control project. If the area upon is found clear of any dredging permit/clearance applications or flood control project, the DPWH shall advise the Applicant to prepare all the requirements under Section 6 of this JMC. Subsequently, the DPWH shall update its control map. 3) The complete set of requirements shall be submitted by the Applicant, to the DPWH DEO. The designated spoil site shall be evaluated and use of dredged materials clearly indicated. If deficiencies or non-conformities are found, the Applicant shall be immediately notified for compliance and rectification. 4) The applicant LGU and other government agencies i.e. DENR, Philippine Reclamation Authority and others, shall issue a certification that there is no commercial utilization. of the dredged materials and that there is no intent to use the dredged materials other than that as specified in the application for permit. 5) The DPWH District Engineer shall investigate each application filed with the DEO, and if necessary, conduct public hearings thereon and shall transmit his report and recommendation to the DPWH Regional Director who, after proper review, shall transmit the application with its supporting documents and recommendations to the DPWH Secretary or his duly authorized official for appropriate action. 6) Upon evaluation and the application is found in order, the DPWH shall approve the dredging plans and require the Applicant to secure the necessary Environmental Clearance (Certificate of Non-Coverage (CNC) or Environmental Compliance Certificate (ECC)).JMC No, _S. 2019 Guidelines on the Issuance of Clearance anéjor Permit for Dredging ‘Within Waterways or Other Inland Bodies of Water Page 9 of 17 7) The DPWH Secretary or his duly authorized official shall then approve/issue the dredging permit. 8) The Permittee shall notify the DPWH on its implementation schedule. 5.4 DENR River Restoration through Dredging Activities DENR River Restoration through dredging activities in heavily silted river channels, including disposal of extracted materials, shall be covered by a separate Order to be Issued by the DENR in coordination with DPWH. Issuance of the dredging permit{by the DPWH shall be based on the Detailed Engineering Design Plans, clearence, 6. REQUIREMENTS FOR PLANNING AND DESIGN STAGE 6.1 Pre-dredging Survey Pre-dredging survey shall be undertaken by the proponent to serve as basis for the ‘computation of volume to be dredged, identification of appropriate equipment to be used, calculation of project duration, and establishment of necessary control measures. The survey works shall Include topographic, hydrographic, bathymetric survey, and water quality surveys in accordance with the DPWH Design Guidelines, Criteria and Standards (DGCS) 2015, Volume 28 - Engineering Surveys. 1) In areas affected by tidal action (rise and fall of water) such as seabed, estuary, coastal area, etc., all elevations shall be referred to the mean lower low water (MLLW) datum, elev. 0.00. 2) In areas not affected by tidal action such as riverbed, floodway channel, creek or estero, etc., all elevations shall be referred to a bench mark (6M) of known ‘coordinates and elevation based on mean sea level (MSL) established by the National Mapping and Resource Information Authority (NAMRIA). 3) Profile shall be taken along the centreline, left and right banks and deepest river bed of the river all through out the required stretch extending twice the length of the Proposed limits on the upstream and downstream of the proposed dredging project. 4) All cross sections shall be taken facing downstream spaced as required in DPWH DGCS 2015 Volume 2B — Engineering Surveys and shall be properly indicated and noted in the plans. Cross sections shall be extended at least 20 meters from both banks to the land side. 6.2 Soil Investigation In order to establish the representative riverbed material gradation as well as soil parameters at the banks, soil investigation and sediment transport analysis shall be conducted in accordance with DPWH DGCS 2015, Volume 2C - Geological & Geotechnical Investigations.JMC No. _S. 2019 Guidelines on the Issuance of Clearance and/or Permit for Dredging ‘Within Waterways or Other Inland Bodles of Water Page 10 of 17 6.3 Design and Related Reports a. The design report shall contain the following: Project Impact Analysis - Purpose and necessity of the dredging project = Methodology of the hydrologic, hydraulic, sediment yield and transport, scouring and slope stability analyses = Hydrologic analysis using HEC-HMS and/or other acceptable rainfall-runoff analysis software Hydraulic analysis to determine the existing capacity of the river and water surface profile for with and without dredging works using HEC-RAS and/or other acceptable river hydraulic analysis software = Sediment yield and transport analysis = Scouring analysi ~ Slope stability analysis b. Geotechnical investigation report . Detailed Quantity calculation report d. Methodology report which includes, among others but not limited to the mitigating measures to minimize if not avoid turbidity, spillage and other environmental impacts of dredging works . Identification and designation of spoil site Based on the surveys and analyses, the proponent shall come up with an optimum channel design profile which shall serve as reference for the execution of the dredging project. ‘The aforesaid requirements are not necessary if previous elevations of the riverbed are simply to be restored to maintain a certain flood conveyance capacity which will be supported by specific-gauge analysis method, or its equivalent, that assesses trends in river bed elevation changes. 6.4 Design Engineering Design Plan (to be attached to the Dredging Plan as Annex) ‘The Plan shall contain, but not limited to the following: = Cover sheet = Index of drawings ~ Location map and vicinity map = Plan showing location of spol! site for dredged materials = General notes, legends/abbreviations and symbols and technical specifications ~ Geotechnical investigation showing the Borehole Locations and Idealized Soil Profile = Typical drawings ~ Plan and longitudinal profile - Cross-sections with tabulated estimated quantitiesJMC No, _S, 2019 Guidelines on the Issuance of Clearance and/or Permit for Dredging Within Waterways or Other Inland Bodies of Water Page 11 of 17 6.5 Dredging Reports ‘The Dredging Plan shall contain, but not limited to the following: - Executive Summary - General Project Information ~ Site Description - Equipment and Operations - Dredge Positions and Dredging Operation = Monitoring - Target volume to be dredged ~ List of equipment and other required resources = Operational Cost Computation - Timeline and Schedule ~ Dally Operations Report - PPE Needed - Health and Safety Plan - Quality Management Plan ~ Activity Hazard Analysis, = Hazard and Damage Mitigation Plan STANDARD REQUIREMENTS/TERMS 1) During the planning stage, the applicant must consider the Term of the Mining Permit being applied for in determining the minimum number of equipment to be deployed and in preparing the timeline and schedule of activities. 2) To ensure that the proposed dredging will be completed within the term of the Mining Permit, the applicant is required to attach a proof of technical and financial capability to its application. This shall contain the list of equipment, whether owned or leased, to be used for the proposed dredging, with their corresponding capacities and current location. 3) The extraction, removal and/or disposition of materials under the Permit shall be confined within the area specified therein, the boundaries of which, according to the application, are established on the ground with prominent marks; 4) Taxes and royalties shall be paid by the Permittee/Contractor to the appropriate Government agency. 5) The top edge of dredging works shall not go beyond the buffer zone. For narrow waterways with defined banks and/or existing bank protection on which the aforementioned cannot be applied, the stability of the slope shall be anelyzed and the bottom elevation of dredging shall be set not deeper than the top of foot protection, e.g., cutoff wall or pile cap.