1. BACKGROUND

1.1 An application (No. ESB-018/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 22^nd October 1998 with a project profile (No. PP-028/1998).

1.2 The Applicant proposes to widen the Yuen Long Highway between the junction with Tuen Mun Highway and Shap Pat Heung Interchange from a dual-2 lane to a dual-3 lane carriageway. The alignment of the proposed road widening project is shown in the attached drawing No. YLH005. The project covered in the project profile is a designated project under the EIAO by virtue of Part I A.1 of the EIAO.

1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.

1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated project and related activities taking place concurrently. This information will contribute to decisions by the Director on:

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

2. the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and

3. the acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

2. to identify and describe elements of the community and environment likely to be affected by the proposed project including both the natural and man-made environment;

3. to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

4. to identify and quantify potential landscape and visual impacts and to propose measures to mitigate these impacts;

5. to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;

6. to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;

7. to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;

8. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

9. to identify constraints associated with the mitigation measures recommended in the EIA study;

10. to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM), are fully complied with.

The Scope

3.2 The scope of this EIA study covers the proposed project mentioned in section 1.2 above, including:

1. widening of an approximately 7 km long section of the Yuen Long Highway between Lam Tei and Shap Pat Heung Interchange;

2. provision of a 3.3m wide hard shoulder;

3. realigning the various slip roads joining Yuen Long Highway to suit the widening mentioned in(i) above;

4. modification of the existing roundabouts/interchange along Yuen Long Highway to suit the widening mentioned in (i) above;

5. provision/reprovision of noise barriers;

6. provision/reprovision of police observation platforms;

7. provision/reprovision of existing emergency telephones and fire hydrants along the widened carriageway and interchanges;

8. assessment of the existing condition and residual life of the pavement of the Yuen Long Highway, together with proposals for extending the life of the existing pavement to match the design life of the new pavement;

9. installation of closed circuit television cameras along the widened carriageway and interchanges; and

10. provision/reprovision of associated civil, structural geotechnical, landscaping and drainage works, street lighting, traffic aids (including sign gantries), traffic control and surveillance facilities and E&M installations.

Study Area

3.3 In general, the boundaries of the assessment for the purpose of this EIA shall be of 500m along the full stretch of the proposed road widening (as shown in the drawing No. YLH005) and any associated works including all off-site works areas and locations. The assessment shall cover not only the proposed road widening works along the principal alignment and associated work sites/works areas but also any off-site locations, activities and impacts due to the construction and operation of the project.

Technical Requirements

3.4 The Applicant shall take note of the information of the ongoing and the findings of the completed studies including the "Planning and Development Study on North West New Territories" and the "Yuen Long Bypass Floodway EIA study" and provide all background information relevant to the project. The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the project scope set out above. The EIA study shall include the following technical requirements on specific impacts:

3.5 Air Quality Impact

3.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the TM, respectively.

3.5.2 The assessment area for operational air quality impact shall generally be defined by a distance of 500m from the project boundaries.

3.5.3 The air quality assessment shall include the following:

1. General
   1. presentation of background air quality in the study area for the purpose of evaluating the cumulative air quality impacts of the proposed project;

   2. identification and description of representative air sensitive receivers and/or potential affected uses. The location shall be agreed with the Director and a map showing the location of every identified air sensitive receivers shall be given;

   3. identification of emission characteristics and provision of an emission inventory of the existing, committed and planned air pollution sources;

   4. description of the assessment method (whether it be analytical, numerical or physical) and the associated assumptions, validity of the method and limits of application. The methodology used shall be agreed with the Director before commencement of study;

   5. analysis of operational activities (after commissioning), its related air quality impact and characterization;

2. Operation Air Quality Impact
   1. assess the net and cumulative air pollution impact of the proposed project to receptors by dispersion modelling. The Applicant shall provide detailed methodology statement and key assumptions of the selected model such as emission factors and other input parameters etc. to the Director for comment and consent before commencement of the Study.

   2. submission of all input and output file(s) of the model run(s) in electronic format to the Director.

   3. air pollution isopleths shall be produced as an output of the study.

   4. the Applicant shall also assess the air quality implications of any proposed noise mitigation measures. If noise mitigation measures that will affect dispersion of air pollutants, such as noise canopy, are proposed to mitigate noise impact due to traffic flow, then the Applicant shall also assess the implications of such mitigation measures on air quality impact. If noise canopy in the form of total enclosure is proposed, then both 'tunnel' portal emissions and air quality inside the 'tunnel' shall also be addressed.

   5. Proposals of effective mitigation measures to reduce the cumulative air pollution impacts to established standards.

3. Construction Air Quality Impact

   The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and shall initiate a monitoring and audit programme during construction to ensure construction dust impacts are controlled within the relevant standards as stipulated in Annex 4 of the TM.

3.6 Noise Impact

3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.

3.6.2 The noise impact assessment shall include the following:

1. Determination of Assessment Area

   The area for the noise impact assessment shall include all areas within 300m from the project boundaries. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the project boundaries, provides acoustic shielding to those receivers at further distance behind.

2. Provision of Background Information

   The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies.

3. Identification of Noise Sensitive Receivers
   1. the Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

   2. the Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given.

4. Provision of an Emission Inventory of the Noise Sources

   The Applicant shall provide an inventory of construction equipment for construction noise assessment and road traffic data for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

5. Construction Noise Assessment
   1. the Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.

   2. to minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed.

   3. if the unmitigated construction noise level are found exceeding the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

6. Operational Noise Assessment
   1. the Applicant shall analyse the scope of the proposed road widening and associated works to confirm the extent of the traffic noise impact assessment. When an existing road section undergoes major modification which will directly result in 25% increase in lanes or substantial changes in alignment or characters (e.g. change into high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.

   2. the Applicant shall calculate the expected road traffic noise using methods described in the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988). Calculations of future road traffic noise shall be based on the peak hour traffic flow in respect of the maximum traffic projection within a 15 years period upon commencement of operation of the proposed road widening. The Applicant shall calculate the traffic noise levels in respect of each road section and the overall noise levels from the combined road sections (both new and existing) at the NSRs.

   3. the Applicant shall present the prevailing and future traffic noise levels in L10 (1hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

   4. quantitative assessment at the NSRs for the widening expressway shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the TM. The potential noise impact of the project shall be quantified by estimating the total number of dwellings and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the T M.

   5. after rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), the Applicant shall propose direct technical remedies in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM by 1 dB(A) or more. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs should be clearly quantified and laid down. The total number of dwellings and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.

   6. the total number of dwellings and other noise sensitive elements that will still be exposed to noise above the criteria with the implementation of all recommended direct technical remedies shall be quantified.

   7. in case where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings and other noise sensitive elements which may qualify for indirect technical remedies under the ExCo directive "Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads", the associated costs and any implications for such implementation. For the purpose of determining the eligibility of the affected premises for indirect technical remedies, reference shall be made to the set of the following three criteria:
      1. the predicted overall noise level from the expanded road section together with other traffic noise in the vicinity must be above a specified noise level (e.g. 70 dB(A) for domestic premises and 65 dB(A) for education institutions, all in L10(1 hr));

      2. the predicted overall noise level is at least 1.0 dB(A) more than the prevailing traffic noise level, i.e. the total traffic noise level existing before the works to construct the road were commenced; and

      3. the contribution to the increase in the predicted overall noise level from the expanded road section must be at least 1.0 dB(A).

7. Assessment of Side Effects and Constraints

   The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.

8. Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
   1. For planned noise sensitive uses (e.g. education institutions, residential institutions and residential/village zones nearby), which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.

   2. The Applicant shall take into account the agreed environmental requirements/constraints identified by this EIA to assess the development potential of the concerned sites, which shall be made known to the relevant parties.

3.7 Water Pollution

3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively.

3.7.2 The assessment area for water quality impact shall generally be defined by a distance of 300m from the project boundaries.

3.7.3 The Applicant shall identify, assessment and evaluate any potential surface run-off and stormwater impacts, including any potential chemical and toxic substance spillages during both construction and operation stages. Pollution control and mitigation measures and Best Management Practices (BMPs) shall be recommended to reduce potential impacts to within established standards, objectives and criteria.

3.8 Waste Management Implications

3.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.

3.8.2 The assessment of waste management implications shall cover the following:

1. Analysis of Activities and Waste Generation

   The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.

2. Proposal for Waste Management
   1. Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.

   2. Having taken into account all the opportunities for reducing waste generation, the types and quantities of the wastes that required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in details. The disposal method recommended for each type of wastes shall take into account the result of the assessment in (c) below.

   3. The impact caused by handling (including labeling, packaging & storage), collection, and disposal of wastes shall be addressed in details. This assessment shall cover the following areas:
      1. potential hazard;

      2. air and odour emissions;

      3. noise;

      4. wastewater discharge.

3.9 Land Contamination Impact

3.9.1 For the proposed road widening and associated works, the Applicant shall provide a clear and detailed account of the present use of the land within the project boundaries (e.g. description of the activities, chemicals and hazardous substances handled with a clear indication of their storage and location by reference to a site map) and the relevant past land history in relation to possible land contamination (e.g. accident records, change of land use, etc.). Particular reference shall be given to the land uses identified in section 3.1 of Annex 19 of TM.

3.9.2 If any land uses, conforming to those included in section 3.1 of Annex 19 of the TM, are identified during the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the Director for endorsement before conducting the land contamination impact assessment of the land/site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and the extent of the contamination of the land/site.

3.9.3 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.

3.10 Landscape and Visual Impact

3.10.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM, respectively for evaluating and assessing landscape and visual impacts.

3.10.2 All sensitive receivers and uses shall be assessed within the visual envelope outlining the area of land of which there is a view of any part of the proposed road widening works, its structure, or the traffic which will use it.

3.10.3 The landscape and visual impact assessment shall include the following:

1. a baseline study to provide for a comprehensive and accurate description of the baseline landscape and visual character;

2. a review of the relevant planning and development control framework;

3. impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and

4. recommendations on mitigation measures and implementation programme.

3.10.4 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the assessment area. The sensitivity of the landscape framework such as open space, green belt, woodland etc and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape. The landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the proposed development.

3.10.5 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:

1. identification and plotting of visibility contours of the proposed project within the assessment area;

2. identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;

3. description of the visual compatibility of the project with the surrounding, and its obstruction and interference with key views of the adjacent areas; and

4. the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.

3.10.6 The Applicant shall review outline zoning plans, outline development plans, layout plans, planning briefs and studies etc, which may contain guidelines and control on specific design elements including open space, green belt, woodlands etc. The aim is to gain an insight to the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with the statutory town plans should be highlighted and appropriate follow-up action should be recommended.

3.10.7 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall also include the retention of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, reprovisioning of open space, amenity area design and finishes of structures, colour scheme and texture of material used and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation phase of the proposed project. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out.

3.10.8 Perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate the landscape and visual impacts of the proposed project. The applicant shall record the technical details in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustration.

3.11 Cultural Heritage Impact

3.11.1 Study requirements for the Cultural Heritage Impact Assessment and the location plans of AMO’s identified potential heritage sites are detailed at Annex A and Annex B

4. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the project and, if affirmative, to define the scope of the EM&A requirements for the project in the EIA study.

4.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

5. DURATION OF VALIDITY

5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.

6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the Executive Summary:

1. 40 copies of the EIA report in English and 50 copies of the Executive Summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.

2. when necessary, addendum to the EIA report and the Executive Summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.

3. 20 copies of the EIA report in English and 50 copies of the Executive Summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment

6.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.

6.4 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.

6.5 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

7.2 If there is any key change in the scope of the project mentioned in section 1.2 and section 3.2 of this EIA study brief and in Project Profile (No. PP-028/1998), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.

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