ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10

環 境 影 響 評 估 條 例
(第 499章 )
第 10條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建 造 及 營 辦 指 定 工 程 項 目 的 環 境 許 可 證

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

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Kowloon Canton Railway Corporation (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions specific in 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 九 廣 鐵 路 公 司 (下 稱 "許 可 證 持 有 人 ") 以 建 造 及 營 辦 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部 所 說 明 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 (hereinafter referred to as the "Permit"):

下 列 為 本 環 境 許 可 證 (下 稱 "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 EIAO and may become subject of appropriate action to be taken under the Ordinance.

1.2 The Permit Holder shall ensure, from time to time, full compliance with all legislation in force including but without limitation to the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of this Permit readily available at all times for inspection at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.

1.5 The Permit Holder shall display a copy of this Permit on the construction sites 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 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. The suspended, varied or cancelled Permit shall be removed from display at the construction sites.

1.6 The Permit Holder shall construct and operate the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-033/2000); other relevant documents in the Register; and the information or mitigation measures described in this Permit, or mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, or mitigation measures to be recommended under on-going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

1.8 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.

1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the EIAO.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIAO Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 4 weeks before the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.12 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIAO Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

2. Special Conditions

2.1 An Environmental Team (ET) shall be established at least one month before the commencement of construction. The ET shall be headed by the ET Leader who has at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management. The ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual in Appendix I of the EIA Report, or the approved EM&A Manual submitted and approved under 10.1 of this Permit. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions.

2.2 An Independent Environmental Checker (IEC) shall be employed at least one month before the commencement of construction of the Project. The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions.

2.3 At least 2 weeks before commencement of the construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project in accordance with details as set out in Condition 3.1 of this Permit.

2.4 Before the submission of the EM&A Manual required under Condition 2.3 to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report including but without limitation to the details of the baseline background noise and air quality, and a condition survey on the historic objects at Signal Hill as described in Condition 3.3. All measures recommended in the EM&A Manual shall be fully implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual.

2.5 The Permit Holder shall set up a Community Liaison Office to receive and respond to complaints or enquiries from the public, the press and television media and community groups.

2.6 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

2.7 Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval within 6 weeks after the commencement of construction of the Project. The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in section 9 of the EIA Report. Such a management plan shall include the designation of areas for segregation and temporary storage of reusable and recyclable materials and disposal location of different categories of waste. All measures in the approved Waste Management Plan shall be fully implemented throughout the entire construction period.

2.8 No rock crushing or on-site concrete batching activity shall be implemented throughout the entire construction period. No blasting activity shall be conducted except for the construction of the East Tsim Sha Tsui Station (ETS) and the subway under the Signal Hill.

Rail Alignment

2.9 The underground alignment shall be constructed in accordance with section 1.3 of the EIA Report. It shall have the ETS station lying close to the Salisbury Road and completely clear of the Signal Hill, with the concourse under the Middle Road Children's Playground and Wing On Plaza Garden.

Avoidance of Cutting Signal Hill

2.10 Except for the tunnelling works of the subway, no part of the Signal Hill shall be cut or excavated throughout the entire construction period.

Measures to Mitigate Construction Noise Impacts

2.11 As recommended in section 5.2.7 of the EIA Report, all relevant Levels 1, 2, 3 and 4 noise mitigation measures shall be fully implemented throughout the entire construction period for the relevant areas of works.

2.12 At least 4 weeks before the commencement of the relevant construction contract(s) of the Project, the Permit Holder shall provide indirect technical remedies (ITR), in the form of upgraded glazing and air-conditioners, to the units in the following housing blocks, in accordance with section 5.2.7.3 and Appendix D4 of the EIA Report:

(a) Far East Mansion at Middle Road (N4)

(b) Minden House at Minden & Blenheim Avenue (N6);

(c) No. 30 Mody Road (N7);

(d) No. 18 Mody Road (N8);

(e) Peninsula Apartment at Mody Road (N9);

(f) Mirador Mansion at Mody Road (N10);

(g) Ocean View Court at Mody Road & Chatham Road (N13 & N14); and

(h) Lyton Building at Mody Road & Chatham Road (N16).

2.13 With reference to Condition 2.12, the Permit Holder shall notify the Director, at least 2 weeks before the commencement of the construction of the ETS and/or the subway(s), of the following:

(a) the number of flats which have been equipped with ITR; and

(b) those flats which are eligible but eventually not equipped with ITR and the justifications behind these, and any alternative measures proposed.

The submission(s) shall be certified by the ET and verified by the IEC.

2.14 During the construction of the subway(s), the following Level 3 noise mitigation measures as recommended in the EIA Report shall be implemented:

(a) a detailed phasing and sequencing of construction activities as specified in Appendix D8 of the EIA Report;

(b) use electrically driven plant as specified in Appendix D2 of the EIA Report;

(c) eliminate mobile generators through the use of temporary mains supply;

(d) use containers to accommodate concrete pumping equipment;

(e) use alternative quieter construction plant;

(f) use shrouds to mitigate noise wherever practicable; and

(g) deck the worksites during excavation and subway box construction.

2.15 The reduced plant inventory and the use of quiet plant as specified in Appendix D2 of the EIA Report, or the equivalent combination of plant, shall be adopted for the relevant areas of works.

2.16 All Levels 1 & 2 measures described in Annex A to mitigate construction noise impacts shall be fully implemented for the relevant areas of works throughout the entire construction period.

2.17 Construction works which affect the Coliseum Podium area shall be suspended when there are performances at the Coliseum.

Measures to Mitigate Operational Noise Impacts

2.18 The Permit Holder shall submit to the Director for approval 3 copies of design drawings for the ground borne noise mitigation measures (including the floating slab track) with explanatory statements within one year after commencement of construction. The drawings shall be certified by the ET and verified by the IEC as conforming to the information and recommendations in section 5.3.2.1 of the EIA Report. All measures in the drawings shall be fully implemented before the operation of the rail.

Measures to Mitigate Dust Impacts due to Blasting

2.19 The following measures to mitigate the dust impacts due to blasting shall be fully implemented:

(a) blasting works shall be restricted to once per day and in daytime, and affected sensitive receivers shall be informed of the blasting schedule; and

(b) the blasting operations shall be well managed and appropriate precautions be taken to minimize dust generations through the use of blast nets and canvas covers.

Measures to Mitigate Landscape and Visual Impacts

2.20 Within 4 weeks after the commencement of construction of the Project, 5 sets of detailed master landscape drawing(s) shall be submitted to the Director for approval. The drawing(s) shall show the locations that no less than a total of 1500 trees will be planted within the project boundary.

2.21 The tree felling plan as recommended in Appendix L1 of the EIA Report (known as Tree Assessment Schedule) shall be strictly adhered to. The Champion Tree No. 251 as identified in section 11.1.3 of the EIA Report shall be protected throughout the entire construction period.

2.22 Within two years after the commencement of construction of the project, 5 sets of layout plans, for the area on top of the proposed ETS showing the compensatory planting of large trees and shrubs, adequate open space(s) and sitting out area(s) to at least equitably replace those lost on the existing Middle Road Children's Playground and Wing On Plaza, shall be deposited with the Director.

2.23 The compensatory planting and tree transplanting works as recommended in section 11 of the EIA Report shall be fully implemented. At least 2 weeks before the project commences operation, 5 sets of detailed landscape as-built drawing(s) showing the final locations of tree plantings within the project boundary to demonstrate compliance with the approved submissions under Condition 2.20 shall be deposited with the Director. This final set of as-built submission(s) shall be certified by the ET and verified by the IEC to demonstrate that Condition 2.20 is fulfilled.

2.24 All measures described in Annex B to mitigate landscape and visual impacts shall be fully implemented throughout the entire construction period.

Measures to Mitigate Water Quality Impacts during Construction Stage

2.25 All measures described in Annexes C and D to mitigate environmental impacts from site run-off shall be fully implemented throughout the entire construction period.

Measures to Mitigate Archaeological/Cultural Heritage Impacts

2.26 Within 4 weeks before the commencement of the construction of the Project, the Permit Holder shall complete a condition survey on the historic objects (including buildings and structures) at the Signal Hill, and incorporate the condition survey as part of the EM&A Manual as described in Condition 2.4.

2.27 The following measures to mitigate the potential archaeological / cultural heritage impacts during construction in accordance with section 10.4 of the EIA Report shall be fully implemented:

(a) Prior to commencement of any construction works for the ETS and subways, protective scaffolding with a cover shall be erected around the Signal Hill Tower to mitigate against any unforeseen damage during construction;

(b) To prevent any major movement of the following historic structures, protective scaffolding shall be erected around and/or within the Signal Hill Tower, Old Office and Toilet Block prior to the commencement of construction work;

(c) During construction, structural monitoring techniques shall be applied to all the historic objects on the site, including the Signal Hill Tower, the Pre-World War II Brick Structures, the Battery & Retaining Wall, the Iron Winch, the Bolts & Anchors associated with Hoisting Operation, the Stone Blocks and remains of old structures;

(d) All Signal Hill historic objects as listed in Condition 2.27(c) shall be protected during blasting. Blasting works shall be restricted, with full controls employed to minimize impacts to areas outside the blasting site;

(e) In order to partially replace the lost of public areas due to the project, the existing disused footpaths on the north slope of the site above Minden Road shall be upgraded and made safe for use by the public; and

(f) The exact specifications for all necessary protective measures for the archaeological/ cultural heritage shall be reported under the EM&A programme.

Measures to Mitigate Land Contamination

2.28 At least 10 weeks before the commencement of construction of the Project, the Permit Holder shall submit 3 copies of the Contamination Assessment Report (CAR) to the Director for approval.

2.29 The CAR shall include but not limit to an investigation of potentially contaminated land to define the full extent of any soil and/or groundwater contamination as demonstrated through the collection of soil samples from representative boreholes and ground water samples from representative standpipes according to section 8.4.1 of the EIA Report.

2.30 If land contamination is confirmed by the findings of the approved CAR as described in Condition 2.29, the Permit Holder shall, at least 6 weeks before the commencement of construction of the project, submit 3 copies of the Remediation Action Plan, to the Director for approval.

2.31 All remediation actions recommended in the approved RAP shall be fully implemented.

3. Environmental Monitoring and Audit (EM&A) during the Construction Period

3.1 At least 2 weeks before the commencement of construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project. Apart from those stated in Appendix I of the EIA Report, the EM&A Manual shall also contain the necessary remedial measures in the event that the construction noise levels exceed the worst case scenario(s) predicted in the EIA Report.

3.2 At least 2 weeks before the commencement of any works along Middle Road and/or Mody Road, the Permit Holder shall set up a continuous noise monitoring mechanism to the satisfaction of the Director, including a system to report instantaneous monitoring results on KCRC's website. This system shall be provided throughout the entire construction period. In the event that the measured noise levels exceed the worst case scenario(s) predicted in the EIA report, the Permit Holder shall take immediate action(s) to activate remediation measures.

3.3 Samples and measurements shall be taken in accordance with the requirements in the EM&A Manual by:

(a) conducting baseline monitoring on noise and air quality and a condition survey on the historic objects at the Signal Hill, as set out in the EM&A Manual;

(b) conducting impact monitoring on noise, air quality and cultural heritage as set out in the EM&A Manual;

(c) carrying out remedial actions in accordance with the Event and Action Plan, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and

(d) logging and keeping records of the details of (a) to (c) above for all parameters except for construction noise, within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

3.4 All EM&A data submitted under this Permit shall be true, valid and correct.

3.5 One hard copy and one soft copy of the Baseline Monitoring Report shall be submitted to the Director at least 4 weeks before the commencement of any construction works. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request from the Director.

3.6 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks from the end of the reporting month. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request from the Director.

3.7 The actions described in the Event and Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame set out in the Event and Action Plans, or as agreed by the Director.

4. Electronic Reporting of EM&A Information

4.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of monthly EM&A Reports, prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later) unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 10.5 and 10.6 above. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.

4.2 All environmental monitoring data described in Condition 4.1 above, except for construction noise data described in Condition 3.2, shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing within 6 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed. The internet address and the environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data with features capable of:

(a) providing access to all environmental monitoring data collected since the commencement of works;

(b) searching by date;

(c) searching by types of monitoring data (air quality, noise and cultural heritage); and

(d) hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

Notes:

1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.

2. The Permit Holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this 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 of 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 may, with the consent of the Secretary for Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from the display at the construction site.

5. If this Permit is cancelled or surrendered during the construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable-

(i) on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.

7. The Permit Holder may appeal against any condition of this Permit under section 17 of the Ordinance within 30 days of receipt of this Permit.

Appendix A

Measures to Mitigate Environmental Impacts from Construction Noise During Construction
(Mitigation Measures Levels 1 and 2 as recommended in section 5.2.7 of the EIA Report)

1. At all parts of all works areas and construction sites, and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the noise impact of the construction works:

(a) All powered mechanical equipment used in the works area shall be effectively sound reduced using the most modern techniques available;

(b) Equipment with lowest noise levels shall be used, and all equipment shall be regularly maintained;

(c) All equipment, engines and motors shall be equipped with proper mufflers;

(d) Portable barriers shall be used when noisy works are undertaken within 100m from a noise sensitive receiver. The barrier density shall be 20kg/m3, and shall be positioned to eliminate line of sight; and

(e) The following measures shall be audited throughout the construction stage;

(i) operate of only well maintained plant on-site;

(ii) regularly service all plants used during the entire construction period;

(iii) restrict rock drilling to the shortest possible duration(s);

(iv) use silencers or mufflers on construction equipment and the regularly maintain;

(v) site of mobile plant as far away from noise sensitive receivers (NSRs) as possible;

(vi) shut down intermittently-used machines between work periods or throttled them down to a minimum; and

(vii) plants that emit noise strongly in one direction shall have the noisiest parts orientated furthest away from nearby NSRs.

Appendix B

Measures to Mitigate Landscape and Visual Impacts During Construction

1. At all parts of all works areas and construction sites and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the landscape and visual impact of the construction works:

(a) no vegetation of any type shall be removed from land areas outside the works boundary;

(b) site fencing shall be erected along the boundary of all construction sites and storage areas to avoid unnecessary off-site damage to vegetation, trees and the landscape;

(c) all trees outside the works areas shall be preserved, and all trees for retention within the works boundary shall be protected by using robust fencing encircling the trees directly below the edge of their crown;

(d) the landscape planting areas shall be provided with proper and safe access for subsequent horticultural maintenance, proper and sufficient drainage and irrigation systems and lockable water points;

(e) pedestrian walkways shall be accessible during the entire construction period;

(f) footpaths shall be reinstated as soon as practicable during and after construction;

(g) site hoardings shall be constructed of re-usable materials without significant detrimental impact on the environment;

(h) careful design of the proposed site working areas to reduce unnecessary landscape and adverse visual impacts, and the site lighting to avoid light spillage and glare;

(i) good site management to ensure the orderly storage of materials and machinery; and

(j) monitoring of construction activities to minimize adverse visual and landscape impacts.

For the East Tsim Sha Tsui Station (ETS) Works Area

2. At all parts of the ETS works area and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the landscape and visual impact of the construction works:

(a) hoarding of works area, particularly those adjacent to areas that would remain accessible to the public;

(b) strictly controlled working hours to reduce, where possible, unnecessary impacts during evening hours and at weekends, particularly for those working areas adjacent to residential properties, hotels and commercial premises;

(c) maintenance of pedestrian access, where possible, through careful design of construction activities or the provision of temporary footpath routes;

(d) provision of notice boards to inform the residents and the general public, of the type of works being undertaken, and the likely time scales for completion;

For Works Area at Wing On Plaza Garden

(e) protection of existing vegetation to be retained, particularly at the northern end of the Garden where a number of mature trees are in the works area or in close proximity to it; and

(f) protection of hard paved areas from damage by construction activity, particularly those within the Garden that would remain accessible to the public;

For Works Area at Middle Road Children's Playground

(g) pruning of both roots and branches of trees identified for retention, which are in close proximity to the proposed works; and

(h) protection of hard paved areas from damage by construction activity.

For Hung Hom to Tsim Sha Tsui Tunnels Works Area

3. At all parts of the Hung Hom to Tsim Sha Tsui Tunnels works area and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the landscape and visual impact of the construction works:

(a) hoarding of works area, particularly those adjacent to the promenade;

(b) strictly controlled working hours, to reduce where possible, unnecessary impacts during evening hours and at weekends, particularly in works area adjacent to the hotels and commercial premises at the waterfront;

(c) provision of notice boards to inform the residents and the general public, of the type of works being undertaken, and the likely time scales for completion;

For works areas between Hung Hom and Salisbury Road

(d) maintenance of pedestrian access, where possible, through careful design of construction activities or the provision of temporary footpath routes. This shall include the existing pedestrian walkway leading from the Hong Kong Coliseum to the footpath over the International Mail Centre access road and on to the waterfront;

For works area from Salisbury Road to Wing On Plaza

(e) strictly controlled working hours, to reduce where possible, unnecessary impacts during evening hours and at weekends;

(f) maintenance of pedestrian access, through careful design of construction activities or provision of temporary footpath routes. This shall include the existing pedestrian walkway along the promenade. Alternative access routes shall be provided to mitigate the loss of the public footbridges to the Grand Stanford Hotel and the footbridge that connects the promenade with Mody Road;

(g) protection of existing vegetation, which is to be retained, particularly at the southern and northern ends of the promenade, where there is a narrow planting strip, with a number of semi-mature trees identified in the tree survey as being worthy of retention; and

(h) protection of hard paved areas from damage by construction activity, particularly those on the promenade, which are to be retained.

For Works Area of the Subways

4. At all parts of the works area of the subway(s) and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the landscape and visual impact of the construction works:

For works areas at Middle Road Station Entrances

(a) hoarding of works area to screen views from the roadside pavements along Middle Road, where public access shall be maintained;

(b) strictly controlled working hours, to reduce unnecessary impacts, during evening hours, and at weekends, particularly in work areas adjacent to the residential properties such as Far East Mansion, the Sheraton Hong Kong Hotel and commercial premises;

(c) maintenance of pedestrian access, through careful design of construction activities or the provision of temporary footpath routes. This shall include the existing pedestrian walkway along the promenade. Alternative access routes shall be provided to mitigate the loss of the public footbridges to the Grand Stanford Hotel and the footbridge that connects the promenade with Mody Road;

(d) protection of existing vegetation, which is to be retained, particularly at the southern and northern ends of the promenade, where there is a narrow planting strip, with a number of semi-mature trees identified in the tree survey as being worthy of retention; and

(e) protection of hard paved areas from damage by construction activity, particularly those on the promenade, which are to be retained;

For works area from Blenheim Avenue to Nathan Road

(f) hoarding of works area, to screen views from roadside pavements along Blenheim Avenue and Mody Road, where public access shall be maintained;

(g) strictly controlled working hours, to reduce unnecessary impacts during evening hours, and at weekends, particularly in works areas adjacent to residential properties such as Mirador Mansions and Ocean View Court, the Holiday Inn Hotel and nearby commercial premises; and

(h) maintenance of pedestrian access, through the careful design of construction activities or the provision of temporary footpath routes to allow continued access to the properties at Mody Road, those at the southern ends of Cornwall Avenue, Bristol Avenue, Hanoi Road and Hart Avenue.

Appendix C

Measures to Mitigate Environmental Impacts from Site Run-off During Construction

1. At all parts of all works area and construction sites, and throughout the entire construction period, the following mitigation measures shall be implemented to minimize the site run-off during construction:

(a) construction site run-off and drainage shall be prevented or minimized in accordance with the guidelines stipulated in EPD's Practice Note for Professional Persons on Construction Site Drainage, Professional Persons Environmental Consultative Committee, 1994 "Construction Site Drainage" (copy attached at Annex D);

(b) run-off from all the construction sites shall not be discharged directly into any watercourse or the marine environment;

(c) wastewater arising from tunneling and excavation works shall be discharged into the storm drainage system via petrol interceptors and silt traps/sediment tanks;

(d) all drainage facilities and erosion and sediment control structures shall be regularly inspected and maintained to ensure proper and efficient operation at all times;

(e) sediment tanks of sufficient capacity, constructed from pre-formed individual cells of approximately 6-8m3 capacity shall be used at all sites for settling wastewater prior to disposal;

(f) all equipment shall be checked to prevent oil or lubricant leakage;

(g) a surface water drainage system shall be provided to collect operational tunnel seepage. Where oils and lubricating fluids could be spilt, the operational tunnel discharge and track runoff shall pass through the oil and grit / silt interceptors / chambers to remove oil, grease and sediment before being disposed to the public stormwater drainage system;

(h) silt traps and oil interceptors shall be regularly cleaned and maintained in good working order;

(i) all water and liquid waste products arising on the site shall be collected and removed from site via a suitable and properly designed temporary drainage system and disposed of at a location and in a manner that will not cause pollution or nuisance;

(j) sewage from site toilets and kitchens shall be collected and disposed at an appropriate sewage treatment works. Grease traps shall be installed to collect wastes from canteen, and shall be capable of providing at least 20 minutes retention during peak flow, prior to discharge; and

(k) all existing stream courses and drains within, and adjacent to, the site(s) shall be kept safe and free from any debris and any excavated materials arising from the construction works.

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