Environmental Permit No. EP-332/2009
環境許可證編號No. EP-332/2009
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
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 Civil Engineering and
Development 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土木工程拓展署(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-332/2009 |
|
|
Document in the Register: 登記冊上的文件： |
(1) (2) (3) |
Feasibility
Study for Housing Development at Whitehead and Lee On in Ma On Shan, Sha Tin (Register
No. AEIAR-068/2002) : -
Environmental Impact Assessment
Final Report [hereinafter referred to as the “EIA Report”], -
Executive Summary, and -
Environmental Monitoring and
Audit Manual [hereinafter referred to as the “EM&A Manual”] 沙田區馬鞍山白石及利安住宅發展可行性研究(登記冊編號: AEIAR-068/2002) -
環境影響評估終期報告[下稱「環評報告」]， -
行政摘要，以及 -
環境監察及審核手冊[下稱「環監手冊」] The
Director’s letter of approval of the EIA Report dated 18 December 2002 (ref:
(34) in EP2/N1/S3/39 III) 署長於2002年12月18日發出批准環評報告的信件 (檔案編號：(34) in EP2/N1/S3/39 III) Application
for environmental permit submitted by the Permit Holder on 26 February 2009
(Application No. AEP-332/2009) 許可證持有人於2009年2月26日提交的環境許可證申請
(申請書編號：AEP-332/2009) |
24
March 2009
2009年3月24日
|
Date 日期 |
|
(Maurice
K.L. YEUNG) Principal Environmental
Protection Officer for Director of
Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
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 |
Road
D1(N), Road D1(W) and Box Culvert of Whitehead & Lok Wo Sha Phase One
Project [This
designated project is hereafter referred to as “the Project”] 白石,落禾沙第一期道路及渠務工程- D1(N)路, D1(W)路
及箱形暗渠 [本指定工程項目下稱 “工程項目”] |
|
Nature
of Designated Project |
(1)
District distributor roads, and (2)
Drainage channel which discharges into an area which
is less than 300m from the boundary of a conservation area. (1)
地區幹路，及 (2)
排水道工程，而該工程排水入一個地區，該地區距離一個自然保育區的最近界線少於300米。 |
|
Location of Designated Project 指定工程項目的地點 |
Whitehead & Lok Wo Sha in Ma On Shan.
The location of the Project is shown in Figures 1 to 3 of this Permit. 馬鞍山白石及落禾沙。工程項目的位置載於本許可證夾附的圖1至3。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
(1)
An approximately 420m single two-lane carriageway –
a district distributor road D1(N), (2)
an approximately 400m dual two-lane carriageway – a
district distributor road D1(W), and (3)
a box culvert with a length of about 500m and its
outfall. (1)
長約為420米的雙線不分割行車道D1(N) 地區幹路, (2)
長約為400米的雙程雙線分割行車道D1(W) 地區幹路，及 (3)
長約為500米的箱形暗渠和它的出水口。 |
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 (EIAO) (Cap.
499) and may become the subject of appropriate action being taken under the EIAO.
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 Dumping at Sea Ordinance (Cap. 466). This
Permit does not of itself constitute any ground of defence 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 or
the documents referred to in Part A of the Permit readily available at
all times for inspection by the Director or his authorised 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 constructed and operated in accordance with
the information and recommendations in the EIA Report (Register No. AEIAR-068/2002);
the information and recommendations in the Application (Application No.
AEP-332/2009) and, in particular, the Supplementary Environmental Assessment attached
to the application; other relevant documents in the Register; the information
or 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 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 as 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 verified by the Independent
Environmental Checker (IEC) referred to in Condition 2.1 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 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 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). 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 at least two
weeks 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 Construction of the Project
2.1 An
Independent Environmental Checker (IEC) shall be employed no later than 2
months before the commencement of construction of the Project. The IEC shall have at least 7 years’
experience in environmental monitoring and auditing (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 under this Permit.
2.2 An
Environmental Team (ET) shall be established no later than 2 months before the
commencement of construction of the Project. The ET shall be headed by the ET Leader
who shall have at least 7 years’ experience in 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 relevant EM&A requirements as contained in the EM&A Manual.
2.3 The
Permit Holder shall, within 4 weeks after the commencement of construction of
the Project, inform the Director in writing of 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.
3. Submissions
or Measures before Commencement of Construction of Certain Parts of the Project
Archaeological
survey for roads D1(N) and D1(W)
3.1 The
Permit Holder shall submit to the Director for approval 3 sets of an
Archaeological Survey and Action Plan for the project area of roads D1(N) and
D1(W) in accordance with the recommendations of the EIA Report before
commencement of construction of this part of the Project. The Archaeological Survey and Action
Plan shall be certified by the ET Leader and verified by the IEC. All measures recommended in the approved
Survey and Action Plan shall be fully implemented in accordance with the
details and programme set out in the approved plan.
Submission
of landscape master plans
3.2 The
Permit Holder shall submit to the Director for approval 3 sets of a Landscape
Master Plan, together with a tree survey report to confirm on suitability of transplantation
of the existing trees, no later than 6 months after commencement of
construction of the Project.
Separate Landscape Master Plans shall be submitted for the project area
of roads D1(N) and D1(W) and the project area of the box culvert respectively.
3.3 The
Landscape Master Plans shall include the locations, design details,
implementation programmes (including the programme for any transplantation
work), maintenance and management schedules, and drawings in the scale of
1:1000 or other scale as agreed by the Director. The maintenance and management schedules
for operation stage of the Project shall be also included. Construction works on wooded areas shall
only be carried out after the Director’s approval of the Landscape Master
Plans.
4. Measures
during Construction of the Project
4.1 The
Permit Holder shall construct the Project in accordance with the locations and
layouts shown in Figures 2 and 3 of this Permit.
4.2 The
designs and measures described in the approved submissions under Conditions 3.1
and 3.2 of this Permit shall be fully implemented.
Measures
to mitigate cultural heritage impacts
4.3 Temporary
shoring shall be provided along the project boundary of road D1(N) facing the
proposed To Tau pre-historic archaeological site, as defined in Figure 7.45 of
the EIA Report and shown in Figure 4 of this Permit, to keep the
prehistoric site undisturbed by the Project. Fencing shall be provided within road
D1(N) project area abutting any sand bar of the proposed prehistoric
archaeological site.
4.4 Protective
fencing shall be provided around the surface features of permanent grave
feature C and Wu Kai Sha Village Well as shown in Figure 2 of this
Permit.
4.5 Wu
Kai Sha Village Well as shown in Figure 2 of this Permit shall be
preserved in-situ with complementary landscaping.
Measures
to mitigate impact on Starfish Bay and local marine environment
4.6 To
minimize impact on Starfish Bay and local marine environment, measures as
recommended in the Implementation Schedule of the EIA Report and extracted as Appendix
A of this Permit shall be implemented.
Measures
to protect fung shui woodland and trees to be preserved
4.7 The Permit Holder shall erect and
properly maintain hoarding around the fung shui woodland and mixed
woodland to be preserved within the Project area, and along site boundary next
to the woodland outside the Project area.
4.8 Excavation works within 2.5m vicinity of any preserved trees shall be done
manually instead of machinery operation, and no root of 25mm diameter or above
shall be severed. Any trenching
works should be routed 1.5m away from the preserved trees.
4.9 Efforts shall be made to protect exposed root from weathering by covering
with dampened hessian or other similar materials. Upon completion of works, the exposed root shall be
covered with suitable backfilling materials of soil free from construction
debris, polluted materials and stones over 20mm diameter.
4.10 No excavation materials shall be stacked directly against any preserved
trees. Storage area for fuel or
petroleum materials and parking area for machinery plants shall be located away
from the preserved trees.
5. Environmental
Monitoring and Audit Requirements
5.1 An
EM&A programme shall be implemented in accordance with the procedures and
requirements as set out in the EM&A Manual relevant to the Project. Any changes to the programme shall be
justified by the ET Leader and verified by the IEC as conforming to the
information and requirements contained in the EM&A Manual before submitting
to the Director for approval.
5.2 Three
hard copies of the Baseline Monitoring Report and one electronic copy in the
formats as specified in Condition 7.1 of this Permit shall be submitted to the
Director at least two weeks before commencement of construction of the
Project. The submission shall be
certified by the ET Leader and verified by the IEC. Additional copies of the submission
shall be made available to the Director upon his request.
5.3 Three
hard copies of monthly EM&A Reports and one electronic copy in the formats
as specified in Condition 7.1 of this Permit shall be submitted to the Director
within 2 weeks after the end of the reporting month. The submission shall be certified by the
ET Leader and verified by the IEC.
Additional copies of the submission shall be made available to the
Director upon his request.
6. Measures
during Operation of the Project
Measures
for roads D1(N) and D1(W)
6.1 The
designs and measures described in the approved Landscaped Master Plan under
Condition 3.1 of this Permit shall be fully implemented and maintained.
6.2 Fencing
shall be provided along the road D1(N) project area abutting the sand bar of
the proposed To Tau Prehistoric Archaeological Site as shown in Figure 4
of this Permit.
6.3 Complementary
landscaping in the vicinity of the Wu Kai Sha Village Well under Condition 4.5
of this Permit shall be maintained.
6.4 Stormwater
runoff from the project area shall be collected and discharged at the outfalls
at the northern and western coast of Whitehead. No stormwater runoff shall be discharged
to Starfish Bay.
Measures
for the box culvert
6.5 The
designs and measures described in the approved Landscaped Master Plan under
Condition 3.1 of this Permit shall be maintained.
6.6 Stormwater
runoff from the project area shall be collected and discharged at the outfalls
at the northern and western coast of Whitehead. No stormwater runoff shall be discharged
to Starfish Bay.
7. Electronic
Reporting of EM&A Information
7.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly EM&A
Reports via the EIA Ordinance Internet Website and at the EIA Ordinance
Register Office, electronic copies of these Report 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 as described in
Conditions 5.2 and 5.3 of this Permit.
For HTLM version, a content page capable of providing hyperlink to each
section and sub-section of the 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 the reports shall be in
interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of
these reports shall be the same as the hard copies.
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 EIAO, and
the following notes are for general information only.
2. If
there is a breach of any condition of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
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 EIAO 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 EIAO to the Director for a further environmental permit.
5. Under
Section 14 of the EIAO, the Director may with the consent of the Secretary for
the Environment, 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 EIAO before
the Project could be continued. It
is an offence under Section 26(1) of the EIAO to construct or operate a
designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
Environmental Permit No. EP-332/2009
Appendix A (as referred to in Condition 4.6)
Measures to
mitigate impacts on Starfish Bay and local marine environment during construction
phase
(i) Suspended solids in runoff should be reduced by the provision of a good surface drainage system with suitably designed catchpits to retain sediment. Silt removal devices should be well-maintained. For areas where no drainage is present or prior to drainage being constructed, sediment should be collected by excavating a pit into which surface runoff is directed and where settlement and/or infiltration can occur. A mobile sedimentation tank should also be provided to reduce the SS level of the wastewater.
(ii) Any construction activities close to Starfish Bay should be regarded as of particular concern. Silt traps should be installed and well-maintained to prevent any silty runoff from entering Starfish Bay. All wastewater generated during construction should be monitored and treated as necessary prior to discharging into the north and west shore of Whitehead.
(iii) Stockpiles should be covered during wet season to avoid generating silty runoff. A surrounding drainage system and the use of flat and exposed permeable area should be provided to facilitate control and infiltration of site runoff.
(iv) Site cleanliness and immediate cleanup/remedial action in case of chemical spill (such as fuel) are the most effective mitigation measures to minimize water quality impacts form general site run-off and should be adhered to in all construction sites. In addition, adequate sanitary facilities for workers on site should be provided and grease trap facilities should be installed for any canteen facilities.
(v) Concrete washings will increase pH in receiving waterbodies. Buffer agents should be added where necessary to neutralize concrete wastewaters before its discharge to stormdrains or watercourses. A particular location within the site away from any water receiver should be selected for washing the concrete mixer. Infiltration/sedimentation pits should be used to settle out washings before discharge/treatment. Bored-pile suspension, if any, should also be settled in infiltration/sedimentation pits.
(vi) Oil interceptors should be installed for maintenance workshop and storage areas. These should be emptied regularly and should have a by-pass to prevent flushing during periods of heavy rain.
(vii) A section of road between the wheel washing bay and the public road should be paved, with backfall, to prevent wash water or other site runoff from entering public road drains. Sand and grit from wheel washing bays should be settled out and removed before the water is discharged into storm drains. The wheel washing bay should be designed to reuse settled wheel washing water.
(viii) Cofferdam silt curtain should be deployed during any sub-tidal construction works.
Environmental
Permit No. EP-332/2009
環境許可證編號 EP-332/2009