PART A (MAIN PERMIT)
A部 (許 可 證 主 要 部 分 )

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this Environmental Permit to DRAINAGE PROJECTS DIVISION, DRAINAGE SERVICES DEPARTMENT (the "Permit Holder") to construct the designated project described in Part B subject to the conditions described in or attached to Part C. The issue of this Environmental Permit is based on the documents, approvals or permissions described below :

根 據 環 境 影 響 評 估 條 例 第 10條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 將 本 環 境 許 可 證 批 予 渠 務 署 排 水 工 程 部 (許 可 證 持 有 人 )以 建 造 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件 。 本 環 境 許 可 證 的 發 出 ， 乃 以 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ： -

PART B ( DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 的 說 明 )

Hereunder is the description of the designated project mentioned in Part A of this Environmental Permit :-

下 列 為 本 環 境 許 可 證 A部 所 提 述 的 指 定 工 程 項 目 的 說 明 :

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this Environmental Permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466), the Waste Disposal Ordinance (Cap. 354) and others.

1.3 The Permit Holder shall make copies of this Permit available at all times for inspection by the Director at all sites covered by this Permit.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s).

1.5 The Permit Holder shall display a copy of this Permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Environmental Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit.

1.6 A copy of the EIA Report shall be kept in the Permit Holder's site representation's office and another copy shall be kept in the Contractor's office on site for reference.

1.7 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.8 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations contained in the EIA report. (Register No. EIA-093/BC)

1.9 All deposited submissions as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director's comments or otherwise specified by the Director.

1.10 Amendments to approved or deposited submissions required under this Permit shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. Amendments to approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director.

1.11 The Permit Holder all finalized submissions, shall release to the public, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.

1.12 The Permit Holder shall notify the Director one week prior to the commencement and completion of the project works.

2. Submissions or Measures before Commencement of Construction

2.1 An Independent Environmental Checker shall be employed prior to the commencement of construction of the Project. The Independent Environmental Checker shall have at least 7 years experience in environmental monitoring and auditing or environmental management. The Independent Environmental Checker shall verify the overall environmental performance of the Project, including all the implementation of environmental mitigation measures, submissions relating to environmental monitoring and auditing, and any other submissions required under this Permit.

2.2 An Environmental Team shall be established prior to the commencement of construction of the Project. The Environmental Team shall be headed by a team leader who has at least 7 years experience in environmental monitoring and auditing or environmental management.

2.3 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the works boundaries, drainage channel, ancillary road alignments and any other facilities assessed in the EIA report; the locations of environmental mitigation measures recommended in the EIA report; and an explanatory statement. The layout drawings, the locations of environmental mitigation measures and the explanatory statement so provided shall be verified by the Independent Environmental Checker, as conforming to the information and recommendations contained in the EIA report, before the commencement of construction of the Project. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report.

2.4 Three sets of 1 to 1000 scale layout drawings showing the locations of environmental mitigation measures to be adopted during the construction works as recommended in the EIA report, and an explanatory statement shall be deposited with the Director before the commencement of construction of the Project. The layout drawings and the explanatory statement so provided shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report.

2.5 Three sets of 1 to 1000 scale layout drawings showing the areas to be revegetated and planted within the works boundaries, and the programme for their implementation shall be deposited with the Director before the commencement of construction of the Project. Before their submission, the layout drawings so provided shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report.

2.6 Three sets of a method statement for the dredging, stockpiling and transportation of sediment; and the stockpiling and transportation of construction waste and excavated material from within the works boundaries shall be deposited with the Director before the commencement of construction of the Project. The submission to the Director shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. All mitigation measures arising from the deposited method statement shall be fully implemented.

2.7 The Project described in Part B of this Permit shall incorporate noise impact mitigation measures detailed in section 7.5 and tables 7.5a and 7.5b of the EIA report (Appendix A, Table 1 of this Permit). Three sets of the noise impact mitigation design specifications shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and shall be deposited with the Director before the commencement of construction of the relevant works of the Project.

2.8 All structures associated with the channel such as fences, gates and signage shall be designed to reflect the character of the landscape through which the channel is aligned.

2.9 Access roads shall be sensitively designed and located to fit in with the surrounding landscape and to avoid unnecessary vegetation loss.

2.10 Minor readjustment to the channel, road and footpath alignments shall be introduced, where possible, to avoid the existing trees.

2.11 The Permit Holder shall deposit an Implementation Schedule for the Project with the Director before the commencement of construction of the relevant works of the Project. The Implementation Schedule shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report before submission to the Director.

3. Measures during the Construction Period

3.1 The Permit Holder shall fully implement all relevant design or construction measures for the Project, described in the approved or deposited submissions mentioned in section 2 above. Any changes to these design and construction measures shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report. Amendments to approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director as required under condition 1.10 above.

3.2 New verges shall be hydroseeded. Planting areas within the project area shall be designed and planted with trees and shrubs. High proportion of native species shall be included in the planting list.

3.3 In addition to the mitigation measures identified in Sections 2, 3.1 and 3.2 above, the mitigation measures identified or described in the EM&A Manual shall be implemented as set out in the Manual.

4. Environmental Monitoring and Audit during Construction

4.1 Any changes to the Environmental Monitoring and Audit arrangement as required under the EM&A Manual submitted shall be justified, and verified by the Independent Environmental Checker in the Environmental Monitoring and Audit Reports and submitted for the approval of the Director.

4.2 The Environmental Monitoring and Audit requirements shall be implemented as set out in the EM&A Manual and the monthly Environmental Monitoring and Audit Reports unless the changes are justified in the monthly Environmental Monitoring and Audit Reports submission, verified by the Independent Environmental Checker and approved by the Director.

4.3 Samples and measurements for air, noise and water quality shall be taken during the construction of the project in accordance with the requirements of the EM&A Manual by:

a) conducting baseline air, noise, water quality monitoring at the specified locations and frequencies;

b) conducting, impact air quality, water quality and noise quality monitoring at the specified locations and frequencies;

c) in cases where specified criteria in the EM&A Manual are exceeded, carrying out remedial actions in accordance with the action/event plan, as set out in the EM&A Manual; and

d) logging and keeping records of the details of a) to c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the EM&A Reports and Independent Environmental Checker's Report, and to make available the information for inspection on site.

4.4 The action and limit (A/L) levels for the water quality of Mo Fan Heung Stream as defined in EM&A Manual should be based on the baseline water quality monitoring data and the A/L levels shall be reviewed and agreed with the Independent Environmental Checker and the Director prior to construction of the Project.

4.5 Ten copies of the Baseline Monitoring Report verified by the Independent Environmental Checker shall be submitted to the Director before the commencement of any major construction works that would affect the monitoring results.

4.6 Ten copies of monthly Environmental Monitoring and Audit Reports verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days from the end of the reporting month.

4.7 Ten copies of Independent Environmental Checker Reports produced by the Independent Environmental Checker, simultaneously and independently of the Monthly EM&A Report shall be submitted to the Director within 10 working days from the end of the reporting month.

4.8 The submitted reports as required in this part of the Permit shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise specified by the Director.

4.9 The actions described in the action plan(s) / contingency plan(s) of the EM&A Manual shall be properly carried out, in accordance with the time frame set out in the action plan(s) / contingency plan(s), or as agreed by the Director.

Notes:

1. This Environmental Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

2. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Environmental Permit. The Permit Holder shall replace the original permit displayed on the construction site, by the amended Permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility for the designated project, apply under Section 12 of the Ordinance to the Director for a further Environmental Permit.

4. Under Section 14 of the Ordinance, the Director with the consent of the Secretary for Planning, Environment and Lands, may suspend, vary or cancel this Environmental Permit. The Permit shall be removed from the display on the construction site.

5. If this Permit is cancelled or surrendered during the construction or operation, an Environmental Permit must be obtained under the Ordinance before the construction or operation of the project could continue. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project without an Environmental Permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

Appendix A

Mitigation Measures Extracted From Section 7.5 of the EIA report
(Relevant Section of the EIA report shall be referred to for assumptions for and details and the context of the mitigation measures)

To reduce noise impact

(a) The first level mitigation for construction activities is the use of quiet equipment. There are specific Powered Mechanical Equipment (PME) with sound power lower than those specified in Technical Memorandum on Noise from Construction other than Percussive Piling (TM1). Examples of such silenced PME known to exist are given below:

(b) The second level mitigation activities is the use of permanent or movable noise barriers of 4-6 metres high in addition to the use of quiet equipment. It should be noted that a barrier with sufficient height but insufficient length will significantly reduce its noise attenuation effectiveness. This is avoidable by arranging the barriers to encircle the noise source.

(c) If further noise reduction is required, the following on-site measures should be considered:

- use of noise enclosures;
- reduction in the number of noisy plant operating simultaneously;
- maintenance of noisy equipment so as to minimise noise;
- siting mobile plant away from NSRs;
- turning off noisy plant when not in use; and
- effective use of material stock piles and other structures for noise screening on-site.

The contractors may also consider to use alternative working methods which are quieter than those assumed in this noise assessment.

(d) For the main construction activities, the measures listed in Table 1 below should be adopted:

Table 1     Recommended Mitigation Measures by Activity for the Project