Environmental Permit No.   EP-170/2003

環境許可證編號  EP-170/2003

 

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 (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the HIGHWAYS DEPARTMENT (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions specified 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》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予路政署 (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部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：

 

 

 

Application No.

申請書編號

 

AEP-170/2003

 

Document in the Register :

登記冊上的文件:

 

 

1.        Improvement to Tung Chung Road between Lung Tseng Tau and Cheung Sha Investigation and Preliminary Design Assignment

-          Final Environmental Impact Assessment Report Volume 1 and 2

-          Final Environmental Impact Assessment Appendices

-          Executive Summary for Environmental Impact Assessment

-          Final Environmental Monitoring and Audit Manual

Hereinafter referred to as the “EIA Report” (Register No. AEIAR-061/2002)

 

         龍井頭與長沙一段東涌道改善工程調查與初步設計報告書

-          最終環境影響評估報告第一及第二冊

-          最終環境影響評估報告附件

-          環境影響評估報告摘要

-          最終環境監察及審核手冊

         下稱“環評報告”(登記冊編號AEIAR – 061/2002)

 

2.        The Director’s letter of approval of the EIA Report dated 4 July 2002 referenced Ax(5) to EP2/N9/A/56 Pt.2

 

環境保護署署長於二ＯＯ二年七月四日發出批准環評報告的信件檔案編號Ax(5) to EP2/N9/A/56 Pt.2

 

 

Document in the Register :

登記冊上的文件:

 

 

 

3.        Application documents for Environmental Permit received on 30 May 2003 (Application No. AEP-170/2003)

 

許可證持有人於二ＯＯ三年五月三十日提交的環境許可證申請文件(申請書編號AEP-170/2003)

 

 

 

 

 

 

 

 

27 June 2003

 

 

Date

日期

 

(Elvis W. K. AU)

Assistant Director

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

(助理署長(環境評估及噪音) 區偉光代行)

 

 

 

PART B (DESCRIPTION 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:

 

Title of Designated Project

指定工程項目的名稱

 

Improvement to Tung Chung Road between Lung Tseng Tau and Cheung Sha

(This designated project is hereafter referred to as “the Project”)

龍井頭與長沙一段東涌道改善工程(本指定工程項目下稱“工程項目”)

 

Nature of Designated Project

指定工程項目的性質

 

New access roads and earthworks falling within the Lantau South Country Park, the Lantau North Country Park and the Proposed Lantau North (Extension) Country Park (hereafter referred to as “the country parks”) on the Lantau Island.

位於南大嶼郊野公園、北大嶼郊野公園和擬建北大嶼郊野公園(擴建部分)(下稱“郊野公園”)內的新通路和土木工事。

 

Location of Designated Project

指定工程項目的地點

 

 

Tung Chung Road between Lung Tseng Tau and Cheung Sha on the Lantau Island.

大嶼山東涌道，於龍井頭與長沙之間的一段。

 

The location of the Project is shown in Figure 1 of this Permit.

工程項目的地點展示於本許可證圖1內

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project mainly consists of the followings:

工程項目主要範圍包括以下：

 

-          Widening and realignment of an approximate 3.6 kilometre long section of Tung Chung Road between Lung Tseng Tau and Pak Kung Au from a single-lane road for two-way traffic to a single two-lane road with footpath;

 

擴闊介乎龍井頭與伯公坳之間一段約長3.6公里的東涌道，並重定該段道路的路線，由供雙程行車的單線道路改為連行人徑的單程雙線道路；

 

-          Construction of an approximate 2.6 kilometre long single two-lane road between Pak Kung Au and Cheung Sha with footpath and elevated highway structures; and

 

在伯公坳與長沙之間建造一段約長2.6公里包括行人徑及高架公路結構的單程雙線道路；和

 

-          Provision of passing bays/bus lay-bys along Tung Chung Road.

 

沿東涌道設置避車處 / 巴士停車處。

 

 

PART C (PERMIT CONDITIONS)

1.         General Conditions

       

1.1               The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and may become the subject of appropriate action being taken under the Ordinance.

 

1.2               The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance (Cap.208). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation or imply any approval under any legislation.

 

1.3               The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit and the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorized officers 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. The site(s) refers to site(s) of construction and operation of the Project and shall mean the same hereafter. 

 

1.5               The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular site entrances/exits or at a convenient location for public’s 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 Project site(s).

 

1.6               The Permit Holder shall construct and operate the Project in accordance with the project description 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 approved EIA Report (Register No. AEIAR-061/2002), other relevant documents in the Register, the information and mitigation measures described in this Permit, 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, and 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 and resubmitted 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 Environmental Impact Assessment Ordinance (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.

 

1.10            The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance 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            All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions required under this Permit shall be 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.

 

1.12            The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month prior to 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.

 

1.13            For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation or other works as agreed by the Director.

 

2.         Submissions or Measures before Commencement of Certain Parts of the Project

 

Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

2.1               An ET shall be established by the Permit Holder no later than one month before commencement of construction of the Project.  The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.  The ET shall be headed by an ET Leader.  The ET leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management.  The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-061/2002) or this Permit.  The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-061/2002) and this Permit or by the Director or his authorized officers.  Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation. 

 

2.2               An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project.  The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.  The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.  The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, 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 under this Permit.  The IEC shall verify the log-book(s) mentioned in condition 2.1 of this Permit.  The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-061/2002) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project.  In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC.  Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.  Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition. 

 

Updating of Environmental Monitoring and Audit (EM&A) Manual

 

2.3               The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated 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 approved EIA Report (Register No. AEIAR-061/2002). The updated EM&A Manual shall include EM&A programme to check and improve the effectiveness of sedimentation tanks used during construction and to review and implement additional measures such as filter system to mitigate water quality impact during construction.

 

Drainage System for Northern Section

 

2.4               A drainage system shall be constructed and operated before the commencement of widening and realigning works for the section of Tung Chung Road between Lung Tseng Tau and Pak Kung Au. The drainage system shall be effectively designed, constructed and operated to avoid discharging construction site runoff into the streams and to transfer all runoff during construction and operation to the Wong Lung Hang nullah in Tung Chung for discharge. No runoff during construction and operation shall be discharged into Tung Chung Stream as shown in Figure 1 of this Permit. The Permit Holder shall, no later than one month before the commencement of construction of the section of Tung Chung Road between Lung Tseng Tau and Pak Kung Au, deposit with the Director three hard copies and one electronic copy of the drainage proposal(s) showing the detailed design, layout and capacity of the drainage system, the discharge location(s) and the treatment method(s) before discharge. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate environmental impacts of water quality and ecology.

 

Drainage System for Southern Section

 

2.5               The section of Tung Chung Road between Pak Kung Au and Cheung Sha shall be divided into small catchments for carrying out the works of the Project. A temporary drainage system shall be constructed and operated for each catchment to collect construction site run-off for treatment before discharge. The temporary drainage system shall be constructed in advance of haul road formation. Sedimentation or filter tanks and oil interceptors shall be effectively designed, constructed and operated to treat the construction site run-off before discharge into streams or via the Pui O Wan outfall. To avoid discharging runoff during operation into the streams within the country parks, an operational drainage system shall be constructed and operated to convey the runoff during operation to the sea. The Permit Holder shall, no later than one month before the commencement of construction of the section of Tung Chung Road between Pak Kung Au and Cheung Sha, deposit with the Director three hard copies and one electronic copy of drainage proposal(s) showing the detailed design of the catchments, drainage systems, sedimentation or filter tanks, oil interceptors and discharge locations. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate environmental impacts of water quality and ecology.

 

Haul Road

 

2.6               No haul road shall be formed for carrying out the works of the section of Tung Chung Road between Lung Tseng Tau and the Tai Tung Shan Service Reservoir. Haul road to be formed for carrying out the works of the section of Tung Chung Road between the Tai Tung Shan Service Reservoir and Cheung Sha shall be properly designed and constructed to minimize the ecological impact. The haul road shall follow the alignment of the Project as shown in the Figure 1 of this Permit. The Permit Holder shall, no later than one month before the commencement of construction of the section of Tung Chung Road between the Tai Tung Shan Service Reservoir and Cheung Sha, deposit with the Director three hard copies and one electronic copy of haul road proposal(s) showing the detailed design and alignment of any haul road to be formed for carrying out the works of the Project. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to minimize environmental impacts of ecology.

 

3.         Submissions or Measures during the Construction of Certain Parts of the Project

 

Management Organisation of Main Construction Companies

 

3.1               The Permit Holder shall, within one month after 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.

 

Measures to Mitigate Noise Impacts

 

3.2               No blasting shall be allowed within the country parks as shown in Figure 3 of this Permit for carrying out the works of the Project.

 

3.3               No work of the Project shall be carried out from 11:00 p.m. to 7:00 a.m. of the following day.

 

3.4               All construction noise mitigation measures including use of temporary barriers and quiet equipments as described in the updated EM&A Manual approved under Condition 2.3 of this Permit shall be fully implemented

 

            Measures to Mitigate Ecological Impacts

 

3.5               The Project shall be constructed at the location shown in Figure 1 of this Permit. No new road or haul road shall be constructed for the section of Tung Chung Road between Lung Tseng Tau and the Tai Tung Shan Service Reservoir. This section shall be improved along the existing road.

 

3.6               No works of the Project shall be carried out outside the “limit of works area” as shown in Figure 1 of this Permit.

 

Transplanting of Floral Species

 

3.7               To mitigate the ecological impact due to the loss of woodland and shrubland in the Project, flora of conservation interest, including the tree Artocarpus hypargyreus, the shrub Pavetta hongkongensis and the orchids Acampe rigida and Liparis viridiflora, shall be transplanted before the commencement of construction. A pre-transplantation survey shall be carried out to ascertain the presence and the locations of these species. The Permit Holder shall no later than one month before commencement of the transplanting works, deposit with the Director three hard copies and one electronic copy of transplantation proposal(s) showing details of the locations of the plants concerned, number of plants to be transplanted, locations of the sites for transplantation, methodology, implementation programme and post-transplantation monitoring. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate ecological impacts. The pre-transplantation survey and transplantation works shall be carried out by a qualified person with relevant degree and experience as agreed with the Director. The qualification and experience of the qualified person shall be certified by the ET Leader and verified by the IEC. The qualified person shall form part of the ET.

 

Translocation of Romer’s Tree Frog

 

3.8               Before commencement of construction of the works between Lung Tseng Tau and the Shek Mun Kap Road, a survey of the areas to be affected by the Project shall be carried out to ascertain the presence of Romer’s Tree Frog. The Romer’s Tree Frog shall be translocated to nearby suitable habitats before the commencement of any works at the areas. The Permit Holder shall no later than one month before commencement of the translocation works, deposit with the Director three hard copies and one electronic copy of translocation proposal(s) providing details on the locations of the sites for translocation, methodology and implementation programme. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate ecological impacts. The pre-translocation survey and translocation works shall be carried out by a qualified person with relevant degree and experience as agreed with the Director. The qualification and experience of the qualified person shall be certified by the ET Leader and verified by the IEC. The qualified person shall form part of the ET.

 

Works at Streams

 

3.9               All temporary and permanent structures used to cross the streams shall be properly designed and constructed to avoid disturbance of streams or their riparian vegetation and to avoid or minimize water quality impact to streams. Bridge abutments shall be constructed at least 5m away from the streams. Span of temporary bridges used during construction to cross the streams shall be at least twice the width of the streams. The Permit Holder shall, no later than one month before the commencement of construction of the structures crossing the streams, deposit with the Director three hard copies and one electronic copy of proposal(s) showing the detailed design of the temporary and permanent structures. The detailed design shall include the span of temporary structures, the types of structures, the locations of new bridge abutments and the construction arrangements to prevent site run-off from contaminating the streams. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate environmental impacts of water quality and ecology.

 

3.10            To mitigate the ecological impact on the streams no. 15, 18, 19 and 21 as shown in the Figure 2 of this Permit due to the works of the Project, no works at these streams shall be carried out any time between April to June inclusive. A survey of the areas to be affected by the Project shall be carried out before commencement of construction to ascertain the presence of the fish and amphibian species of conservation interest, including the Beijing Thick-lipped Barb at stream no. 15, the Lesser Spiny Frog at streams no. 18 and 21, the Hong Kong Newt at stream no. 19 and the Romer’s Tree Frog at stream no. 21. The fish shall be translocated to the tributaries of the Tung Chung Stream and the amphibians shall be translocated to nearby suitable habitats before the commencement of any works at or near the streams. The Permit Holder shall no later than one month before commencement of the translocation works, deposit with the Director three hard copies and one electronic copy of translocation proposal(s) providing details on the locations of the sites for translocations, methodology and implementation programme. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate ecological impacts. The pre-translocation surveys and translocation works shall be carried out by a qualified person with relevant degree and experience as agreed with the Director. The qualification and experience of the qualified person shall be certified by the ET Leader and verified by the IEC. The qualified person shall form part of the ET.

 

3.11            The culverts at the streams no. 18, 19 and 21 shall be properly designed and constructed to facilitate movement of aquatic fauna along these streams. Step channels with zig-zag ramps at culvert inlets, fish slopes or steps at culvert outlets and ridged floors to create pools along the culverts shall be incorporated into the design for construction unless otherwise agreed with the Director. All culverts shall be constructed separately prior to their connection with the streams in order to avoid direct impacts on the streams. The Permit Holder shall no later than one month before commencement of the culverting works, deposit with the Director three hard copies and one electronic copy of detailed design of the culverts. Before submission to the Director, the culvert design shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate ecological impacts.

 

            Measures to Mitigate Water Quality Impacts

 

3.12            All temporary drainage channels shall be lined with concrete to prevent erosion. Excavated channels for construction of drainage system shall be lined with concrete before the end of each working day to minimize site run-off.

 

3.13            The section of Tung Chung Road between Pak Kung Au and Cheung Sha shall be divided into individual sections for carrying out the works of the Project. All exposed surfaces of roads and slopes shall be paved within 3 days after the completion of the individual sections.

 

3.14            No oil, fuel or chemical waste shall be stored within the country parks.

 

3.15            No site canteen or maintenance workshop shall be erected within the country parks.

 

3.16            To avoid or minimize environmental impacts on the country parks due to site runoff and other potential water pollution caused by construction activities, all mitigation measures described in Appendix A shall be implemented throughout the construction period.

 

3.17            An emergency plan detailing the emergency response procedures to deal with accidental chemical leakage and spillage during construction shall be developed and implemented when such instance or circumstance occurs. The emergency plan shall include procedures for spill prevention and precaution, and detailed action plan listing out the responsibilities and actions of all related personnel. The Permit Holder shall deposit the emergency plan with the Director no later than one month before the commencement of the construction of the Project.

 

Measures to Manage Waste and Submission of the Waste Management Plan (WMP)

 

3.18            No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in the country parks.

 

3.19            The Permit Holder shall, no later than one month after the commencement of construction of the Project, deposit with the Director three hard copies and one electronic copy of a Waste Management Plan (WMP) for the construction stage of the Project. The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002). The WMP 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 7.5 of the approved EIA Report (Register No. AEIAR-061/2002). The WMP shall indicate the disposal location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included in the WMP. Surplus excavated spoil and other wastes shall only be disposed of at designated disposal locations unless otherwise approved by the Director. All measures recommended in the WMP shall be fully and properly implemented by the Permit Holder and any person working on the project throughout the construction period.

 

3.20            The Permit Holder shall investigate the reuse of materials resulting from vegetation clearance in the Project in order to avoid or minimize the disposal. Arrangement of this reuse shall be described in the WMP and shall be fully and properly implemented by the Permit Holder and any person working on the project throughout the construction period.

 

Measures to Mitigate Landscape and Visual Impact and Submissions of the Landscape Plan

 

3.21            At least one month before commencement of the landscape works, the Permit Holder shall deposit with the Director three hard copies and one electronic copy of the landscape plan prepared for the Project. The landscape plan shall include locations, size and species of planting, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures. The measures shall include grass hydroseeding of slopes, landscape and compensatory planting, architectural and chromatic treatment of new road structures, bridges structures, abutments and retaining walls. Native shrub and woodland species shall be planted on the roadside areas affected by the Project to compensate the loss of shrub and woodland vegetation during construction. Planting of about 25 hectares shall be implemented. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in the approved EIA Report (Register No. AEIAR-061/2002).

 

 

 

4.         Submissions or Measures for the Operation of the Project

 

Measures to Mitigate Ecological Impacts

 

4.1               Three wildlife tunnels shall be properly designed and constructed to allow amphibians and mammals to move between two sides of the Tung Chung Road to mitigate ecological impact due to the barrier effect during the operation of Tung Chung Road. The Permit Holder shall, no later than one month before the commencement of construction of the wildlife tunnels, deposit with the Director three hard copies and one electronic copy of proposal(s) showing the detailed design of the wildlife tunnels. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate environmental impacts of ecology.

 

4.2               Drainage channels provided on the newly formed slopes along the Tung Chung Road shall be properly designed and constructed to allow amphibians to climb out of the drainage channels. Ramps or similar structures shall be provided in the drainage channels. The Permit Holder shall, no later than one month before the commencement of construction of the drainage channels, deposit with the Director three hard copies and one electronic copy of proposal(s) showing the detailed design of the escape ramp or similar structures in the drainage channels. Before submission to the Director, the proposal(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate environmental impacts of ecology.

 

5.         Environmental Monitoring and Audit (EM&A) for the Construction of the Project

 

5.1               The EM&A programme shall be implemented in accordance with the procedures and requirements in the updated EM&A Manual approved under Condition 2.3 of this Permit. Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before their implementation.

 

5.2               Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

 

5.3               Three hard copies and one electronic copy of the monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The monthly EM&A Report shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit levels) and the status of submission required under this Permit. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

 

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

 

5.5               All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

5.6               To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 6.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

 

5.7               Records of measurements and remedial actions taken under Condition 5.4 of this Permit shall be logged and kept within 3 working days of the collection of data or completion of remedial action, shall be included in the EM&A Reports and shall be available for inspection on site or as requested by the Director.

 

6.         Electronic Reporting of EM&A Information

 

6.1               To facilitate public inspection of the Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 5.2 and 5.3 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document.  Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made.  All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

 

6.2               The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of the Project. All environmental monitoring results described in Condition 6.1 above and all submissions and all performance test data and results required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable 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.

 

6.3               The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report and the environmental permit(s) and project profile of the Project. The internet website shall have features capable of : -

 

(a)      providing access to all environmental monitoring data collected since the commencement of work and all submissions under this permit;

(b)      searching by date;

(c)      searching by types of monitoring data (air quality and construction waste); 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 the following notes are for general information only.

 

2.         If there is a breach of any conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.

 

3.         The Permit Holder may apply under Section 13 of the Environmental Impact Assessment Ordinance (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 Project site by the amended permit.

 

4.           A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

 

5.      Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.

 

 6.          If this Permit is cancelled or surrendered during 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 Schedule 2 of the Ordinance without a valid environmental permit.

 

7.         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.

 

8.                   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.

 

9.                   The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

 

 

Environmental Permit No. EP-170/2003

環境許可證編號EP-170/2003

 

Appendix A (as referred to in Condition 3.16)

 

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

 

(a)                Surface Runoff

 

(i)                  Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains.  Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

 

(ii)                Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.

 

(iii)               Silt removal facilities, channels and manholes shall be maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning at all times.

 

(b)               General Construction Activities

 

(iv)              No major stockpiles of construction materials (e.g. aggregates and sand) shall be located within the country parks. Stockpiled materials shall be contained in a designated area down gradient from any stream course or up gradient with barriers.

 

(v)                At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric.  Any washout of construction or excavated materials should be diverted to the drainage system.

 

(vi)              Temporary cut slopes shall be covered with tarpaulin during rainfall.

 

 

Figure 1 | Figure 2 | Figure 3 | Appendix A

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