Environmental Impact Assessment Ordinance (Cap. 499),
Section 5 (7)

Environmental Impact Assessment Study Brief No. ESB-032/1999
Project Title : Lei Yue Mun Road Underpass, Modification at Junction with Yau Tong Road and Associated Improvement Works - Feasibility Study

Name of Applicant: Kowloon Regional Office, Highways Department
(hereinafter known as the "Applicant")

1. BACKGROUND

1.1 A traffic impact assessment carried out under the Comprehensive Traffic Review of East Kowloon recommended a package of improvement schemes to alleviate the anticipated traffic problems brought about by the population increase from the redevelopment of Ko Chiu Road and Yau Tong Estates and the development of Lei Yue Mun Housing Site which will be implemented by phases for completion by July 2005. The proposed project is one of the improvement schemes recommended specifically to address the anticipated saturation of the junction at Lei Yue Mun Road and Kai Tin Road.

1.2 The Applicant completed a Preliminary Environmental Review (PER) in late 1997 in conjunction with the Preliminary Project Feasibility Study for the proposed project. The PER findings indicated that an Environmental Impact Assessment (EIA) study is required during the feasibility study stage of this project to address principally the issues of air quality and noise impacts during operational stage of the project, amongst other issues.

1.3 An application (No. ESB-032/1999) for an EIA study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 15th March 1999 with a project profile (No. PP-046/1999) on the captioned project.

1.4 The Applicant proposes to construct modification at the junction of Lei Yue Mun Road and Yau Tong Road; a 380m single lane eastbound underpass beneath the new signalised control junction and the existing roundabout at junction of Lei Yue Mun Road and Kai Tin Road; a single lane slip road connecting Kai Tin Road to the new signalised control junction; a pedestrian subway across the junction of Lei Yue Mun Road and Kai Tin Road; a 100m long elevated walkway connecting the Lam Tin transport interchange to the proposed pedestrian subway; and associated geotechnical, landscaping and road reconstruction works. The project profile covers the following designated projects:

1. construction of a 380m long single lane eastbound underpass beneath the existing roundabout at Lei Yue Mun Road/Kai Tin Road junction and the new signalised control junction at the Lei Yue Mun Road/Yau Tong Road junction. This is a designated project under EIAO Schedule 2 Item A.9 : "A road fully enclosed by decking above and by structure on the sides for more than 100m."
   
   

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

1.6 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 projects 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 community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including 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 any potential landscape and visual impacts and determine the significance of impacts on sensitive receivers;
   
   
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 identify, within the study area, any individual project(s) that fall under Schedule 2 of the EIA Ordinance; to ascertain whether the findings of this EIA study have adequately addressed the environmental impacts of those projects; and, where necessary, to identify the outstanding issues that need to be addressed in any further detailed EIA study; and
    
    
11. to design and specify 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 (hereinafter referred to as the TM) are fully complied with.

The Scope

3.2 The scope of this EIA study shall cover the road improvement works area shown in the attached Figure No. 2.1 copied from the Project Profile No. PP-046/1999 and shall include the proposed works and designated projects mentioned in section 1.4 above.

Technical Requirements

3.3 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts.

3.3.1 Air Quality Impact

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

3.3.1.2 The study area for air quality impact shall generally be defined by a distance of 500m from the boundary of the road improvement works area shown in Figure 2.1 attached.

3.3.1.3 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and, subject to section 3.3.6 below, shall initiate an audit and monitoring program during the constructional stage to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the Technical Memorandum.

3.3.1.4 The air quality assessment shall include the following :

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. description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants within the study area;
   
   
3. identification of representative air sensitive receivers and/or potential affected uses;
   
   
4. identification of emission characteristics and provision of an emission inventory of the existing, committed and planned air pollution sources;
   
   
5. description of assessment method (whether analytical, numerical or physical) and associated assumptions, validity of the method and limits of application;
   
   
6. analysis of operational activities (after commissioning), its related air quality impact and characterisation including the portal emissions of the proposed underpass;
   
   
7. assessment and evaluation of the net and cumulative air quality impacts;
   
   
8. presentation of the assessment results in the form of summary table and pollution contours, whenever practicable, for comparison with relevant air quality standards and the examination of the land use implications of these impacts;
   
   
9. proposals of effective mitigation measures to reduce the cumulative air pollution impacts to established standards;
   
   
10. the air quality implications of any proposed noise mitigation measures should be assessed. If noise mitigation measures such as noise canopy, which will affect dispersion of air pollutants are proposed to mitigate noise impact due to traffic flow, then the Applicant should 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" should also be addressed ;
    
    
11. the report that is submitted to Air Policy Group of Environmental Protection Department should include all input and output files of the model run(s) in electronic format.

3.3.2 Noise Impact

3.3.2.1 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.

3.3.2.2 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 road improvement works boundary shown in Figure No. 2.1 attached. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the road widening works boundary, provides acoustic shielding to those receivers at further distance behind.
   
   
2. Provision of Background Information and Existing Noise Levels
   
   The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly r-equired.
   
   
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. For planned noise sensitive land uses without committed site layouts, the Applicant should use the relevant planning parameters to work out site layouts for operational noise assessment purpose.
      
      
4. Provision of an Emission Inventory of the Noise Sources
   
   The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment; etc. as appropriate, for operational noise assessment). For road projects, the inventory shall include the road traffic data. 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 minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
      
      
   3. If the unmitigated construction noise levels 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 minimise the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
      
      
   4. In case the applicant would like to evaluate whether construction works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming construction works, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process the Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.
      
      
6. Operational Noise Assessment
   
   
   1. Road Traffic Noise
      
      a1. Calculation of Noise Levels
      
      

      The Applicant shall analyse the scope of the proposed road alignment(s) to identify appropriate new and existing road sections for the purpose of 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 to a high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.
      
      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 roadwork. The Applicant shall calculate traffic noise levels in respect of each road section and the overall noise levels from combined road sections (both new and existing) at NSRs.
      
      

      a2. Presentation of Noise Levels
      
      

      The Applicant shall present the prevailing and future traffic noise levels in L10, (1 hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
      
      Quantitative assessment at the NSRs for proposed road alignment(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the Technical Memorandum. The potential noise impact of proposed road alignment(s) shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the Technical Memorandum.
      
      

      a3. Proposals for Noise Mitigation Measures
      
      

      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 as far as possible should be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.
      
      The total number of dwellings, classrooms 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.
      
      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, classrooms and other noise sensitive elements which may qualify for indirect technical remedies under the Executive Council 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 following three criteria:
      
      

      1. the predicted overall noise level from the new road 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 new road must be at least 1.0dB(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/Landuses
   
   For planned noise sensitive uses 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.
   
   The Applicant shall take into account agreed environmental requirements / constraints identified by the study to assess the development potential of concerned sites which shall be made known to the relevant parties.
   
   

3.3.3 Water Pollution

3.3.3.1 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.

3.3.3.2 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of surface and ground water systems arising from the construction works.

3.3.3.3 The Applicant shall include the following in the water quality impact assessment:

1. collection and review of background information on the existing water system(s) and, sensitive receivers which might be affected by the proposed project during construction; and
   
   
2. assessment and quantification of all existing and future water pollutants from point discharges and non-point sources to surface runoff, as well as possible contaminated leachate migrating from the nearby closed Sai Tso Wan Landfill, and analysis of the provision and adequacy of existing and future facilities to reduce such pollution both during construction and operation.
   
   

3.3.4 Landfill Gas Hazards

3.3.4.1 Part of the proposed roadworks would be within the 250m Consultation Zone of Sai Tso Wan Landfill. The Applicant shall follow the criteria and guidelines for evaluating and assessing landfill gas hazards as stated in Annexes 7 and 19 of the TM, respectively. The Applicant may also refer to the "Landfill Gas Hazard Assessment - Guidance Note" and the Professional Persons Environmental Consultative Committee Practice Note (ProPECC) PN 3/96 "Landfill Gas Hazard Assessment for Developments adjacent to Landfills" in carrying out the assessment (see attached copy of Figure A9 copied from the above-mentioned Guidance Note showing the Sai Tso Wan Landfill and its Consultation Zone).

3.3.4.2 The assessment of landfill gas hazards shall cover the following:

1. review of background information and studies related to the relevant landfill;
   
   
2. identification of the nature and extent of the sources, including the likely concentrations and/or amounts of hazardous emissions which might have the potential impacts on the proposed project;
   
   
3. identification of the possible pathways through the ground, underground cavities, utilities or ground water, and the nature of these pathways through which the hazardous emissions must traverse if they were to reach the proposed project site;
   
   
4. identification of the potential receivers associated with and in the vicinity of the proposed project which are sensitive to the impacts of the hazardous emissions;
   
   
5. qualitative assessment on the degree of risk which the hazardous emissions may impose on the proposed project and the potential receivers associated with and in the vicinity of the proposed project for each of the source-pathway-receiver combinations; and
   
   
6. determination of suitable level of precautionary measures during construction and operation of the proposed project and construction and operation of the potential receivers associated with and in the vicinity of the proposed project , if needed.
   
   

3.3.5 Summary of Environmental Outcomes

3.3.5.1 The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.

3.3.6 Environmental Monitoring and Audit (EM&A) Requirements

3.3.6.1 The Applicant shall identify in the EIA study whether there is any need for EM&A and/or environmental management system (EMS) activities during the construction and operation phases of the project and, if affirmative:

1. to define the scope of the EM&A requirements for the project in the EIA study; and/or
2. to set out the EMS requirements for the construction and operation of the project to achieve satisfactory environmental performance.

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

3.3.6.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex 1) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

3.3.6.4 Monitoring of Noise Impacts during Operation of the Proposed Project

The applicant should note the requirement stipulated in paragraph 8.1 of the TM that an operational noise monitoring programme should be proposed to verify the traffic noise predictions or the effectiveness of noise mitigation measures.

4. DURATION OF VALIDITY

4.1 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.

5. REPORT REQUIREMENTS

5.1 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.

5.2 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 80 copies of the executive summary 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 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 Advisory Council on the Environment.
   
   

5.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

5.4 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.

5.5 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.

5.6 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.

5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.

6. OTHER PROCEDURAL REQUIREMENTS

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

6.2 If there is any key change in the scope of the project mentioned in section 1.4 of this EIA study brief and in Project Profile No. PP-046/1999 , 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.

--- END OF EIA STUDY BRIEF ---

April 1999
UAG, EAND,
Environmental Protection Department

| Figure 1 | Figure 2 | Annex I |

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