Environmental Permit No. FEP-08/004/1999

環境許可證編號 FEP-08/004/1999

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

Pursuant to section 12 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this Further Environmental Permit to ZEN PACIFIC - CHINA STATE - NGO KEE JOINT VENTURE (the "Permit Holder") to construct the designated project described in Part B subject to the conditions described in or attached to Part C. The issue of this Further Environmental Permit is based on the documents, approvals or permissions described below:

根 據 環 境 影 響 評 估 條 例 第 12條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 )將 本 新 的 環 境 許 可 證 批 予 ZEN PACIFIC - CHINA STATE - NGO KEE JOINT VENTURE (許 可 證 持 有 人 )以 建 造 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件 。 本 新 的 環 境 許 可 證 的 發 出 ， 乃 以 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ：

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

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

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

PART C (PERMIT CONDITIONS)

1. General Conditions

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

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

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

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

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

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

1.7 The Permit Holder shall ensure that the Project are designed, constructed and operated in accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012).

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 finalised submissions, as required under this Permit, shall be released to the public if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.

2. Submissions or Measures before Commencement of Construction

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

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

2.3 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the works boundaries, drainage channel, ancillary road alignments and any other facilities assessed in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012); the locations of environmental mitigation measures recommended in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012); and an explanatory statement. The layout drawings, the locations of environmental mitigation measures and the explanatory statement so provided shall be verified by the Independent Environmental Checker, as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012), before the commencement of construction of the relevant sections of the Project. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012).

2.4 Three sets of 1 to 1000 scale layout drawings showing the locations of environmental mitigation measures to be adopted during the construction works as recommended in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012), and an explanatory statement shall be deposited with the Director before the commencement of construction of the relevant works of the Project. The layout drawings and the explanatory statement so provided shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012). The Project shall be constructed in accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012).

2.5 Three sets of 1 to 1000 scale layout drawings showing the areas to be revegetated and planted within the works boundaries, and the programme for their implementation and 3 sets of 1 to 1000 scale layout drawings showing the abandoned stream segments and meanders to be retained, shall be deposited with the Director before the commencement of construction of the relevant works. Before their submission, the layout drawings so provided shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012).

2.6 Three sets of a method statement for the dredging, stockpiling and transportation of sediment; and the stockpiling and transportation of construction waste and excavated material from within the works boundaries shall be deposited with the Director before the commencement of construction of the relevant works. The submission to the Director shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012). All mitigation measures arising from the deposited method statement shall be fully implemented.

2.7 Any proposal for cofferdam works during periods of high flow (wet season - May to August) shall be deposited with the Director before the commencement of construction of the relevant works. Before its submission, the proposal shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012).

2.8 Three sets of 1 to 1000 scale layout drawings for the following shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012), and shall be deposited with the Director before the commencement of the construction of the following relevant works :

a) permanent drainage channels showing the incorporation of sediment basins or traps and baffles to enhance deposition; and

b) perimeter channels at the site boundaries to intercept storm run-off from off-site.

2.9 The Project described in Part B of this Permit shall incorporate noise impact mitigation measures detailed in sections 8.2.5, 8.2.6 and 8.2.7 and tables 8.2e and 8.2w of the EIA report (Annex A, Table 1 and Table 2 of this Permit). Three sets of the noise impact mitigation design specifications shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and shall be deposited with the Director before the commencement of construction of the relevant works of the Project.

2.10 A report on the assessment of the environmental performance of the "associated pumping facilities" and "landscape works" as set out in Part B of this Permit, during all construction, operation and maintenance, shall be submitted for the approval of the Director before the commencement of construction of the relevant works.

2.11 Before the commencement of construction of the Project, an Environmental Monitoring and Audit (E M & A) Manual for the Project shall be submitted for the approval of the Director. The E M & A Manual shall be based on the Environmental Schedule contained in the EIA report and shall satisfy the requirements as prescribed in section 10, schedule 4 of the Environmental Impact Assessment Ordinance and Annex 21 of the Technical Memorandum on Environmental Impact Assessment Process. The E M & A Manual shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and the Environmental Permit (No. VEP005/1999/A/EP-012) before submission to the Director.

2.12 The Permit Holder shall deposit an Implementation Schedule for the Project with the Director before the commencement of construction of the relevant works of the Project. The Implementation Schedule shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) before submission to the Director.

3. Measures during the Construction Period

3.1 All design or construction measures described in the submissions approved or deposited under section 2 above shall be properly implemented.

3.2 Odorous permitted stockpiled material shall be placed remote from air sensitive receivers. Any odorous permitted stockpiled material shall be covered with plastic tarpaulin sheets if left for in excess of 2 days.

3.3 Fish ponds temporarily occupied by works areas shall be reinstated back to fish ponds.

3.4 Sites on embankment slopes and surplus spoil disposal areas outside the embankments shall be revegetated by either grasscrete or hydroseeding or planting with trees and shrubs or the combination of the above. Native species shall be included in the planting list and native shrub seeds shall be added to the hydroseed mix.

3.5 All the stream segments to be cut-off from the main drainage channel during construction of the Project shall be retained with downstream reconnection to the drainage channel.

3.6 For dredging works, only mechanical dredgers with bucket-type closed-grabs shall be used for the dredging of river bed or ponds. Where tight dredging depth tolerances are required to dredge contaminated materials the bucket-type closed-grab dredger shall incorporate a visor. Closed mechanical grabs for dredging shall be maintained to avoid spillage and shall seal tightly while being lifted.

3.7 For land based excavators to be used in removing wet material from small and narrow channels, which are not accessible to grab dredgers, tightly sealed closed grab excavators shall be used.

3.8 Diversion of the channels and cofferdams shall be used to minimize potential disturbance to water bodies, to limit adverse impact on water quality at downstream and to contain sediments.

3.9 In accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and with reference to Annex B, measures to mitigate environmental impacts from site run-off shall be implemented.

3.10 In accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and with reference to Annex C, measures to mitigate environmental impacts from wastewater due to construction activities shall be implemented.

3.11 All fuel tanks and fuel storage areas shall be provided with locks and sited on bunded sealed areas of a capacity equal to 110% of the storage capacity of the largest tank.

3.12 Portable toilets shall be provided for the on-site construction workforce.

3.13 All trucks/vessels, if utilized for transport of dredged materials (not used as filling materials for the Project) to marine barging points or designated marine disposal grounds, shall be water tight.

3.14 All barges and hoppers, if utilized for marine transportation of dredged materials, shall have tight fitting seals to their bottom openings to prevent leakage of material.

3.15 Loading of barges and hoppers, if utilized for marine transportation of dredged materials, shall be controlled to prevent splashing of dredged materials to the surrounding water.

3.16 Barges and hoppers, if utilized for marine transportation of dredged materials, shall not be filled to a level which will cause overflow of material or polluted water during loading or transportation.

3.17 All waste materials, excluding river and pond sediment, shall be segregated into categories covering: excavated material or construction waste suitable for reuse on-site, reclamation or fill, construction waste for disposal at public dump or landfill, chemical waste, and general refuse.

3.18 General refuse shall be collected daily.

3.19 Waste storage areas shall be regularly maintained and cleaned.

3.20 Waste shall be stored in suitable containers/receptacles.

3.21 In accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and with reference to Annex D, measures to mitigate noise impact during construction shall be implemented.

3.22 In accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and with reference to Annex E, measures to mitigate noise impact during excavation works shall be implemented.

3.23 In accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and with reference to Annex F, measures to mitigate noise impact during river bed construction shall be implemented.

3.24 In accordance with the information and recommendations contained in the EIA report and the Environmental Permit (No. VEP005/1999/A/EP-012) and with reference to Annex G, measures to mitigate noise impact during river bed construction shall be implemented.

4. Environmental Monitoring and Audit during Construction

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

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

4.3 Samples and measurements for air, noise, water quality and ecology monitoring shall be taken in accordance with the requirements of the Environmental Schedule of the EIA report:

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

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

c) in cases where specified criteria in the Environmental Schedule are exceeded, carrying out remedial actions in accordance with the Action Plan, as set out in the Environmental Schedule ; and

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

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

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

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

4.7 The actions described in the action plans of the Environmental Schedule shall be properly carried out, in accordance with the time frame set out in the action plans, or as agreed by the Director.

Notes:

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

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

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

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

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

6. Additional noise sensitive receiver (the village house as shown in Figure B) has been added to Table 1 - Recommended Mitigation Measures by Activity for the Project and Table 2 - Distance to NSRs affected by the Project of this Permit as a result of the Environmental Permit (No. VEP005/1999/A/EP-012).

Annex A

Mitigation Measures Extracted From Section 8.2.5, 8.2.6 and 8.2.7 of the EIA report.
(Relevant Section of the EIA report shall be referred to for assumptions for and details and the context of the mitigation measures)

To reduce noise impact

(a) Bored piling shall be used for the pumping station and bridges for the Project, if the Project requires piling foundation.

(b) Dredging operations will be carried out in the ponds to ensure that contaminated sediments are not inadvertently allowed into the new drainage channel. As the ponds are quite small and not very deep, it has been proposed that a single grab dredger be used for the operation.

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

Bulldozer:	110 dB(A) max;
Breaker (hand):	110 dB(A) max;
Bored Piling Rig:	110 dB(A) max;
Dump Truck:	110 dB(A) max;
Excavator:	105 dB(A) max;
Lorry:	105 dB(A) max;
Concrete Pumps:	105 dB(A) max;
Compressors:	100 dB(A) max;
Generators:	100 dB(A) max;
Water Pumps:	88 dB(A) max;
Poker Vibrator:	110 dB(A) max; and
Loader:	105 dB(A) max.

(d) The second level mitigation activities is the use of permanent or movable noise barriers of 3.5 to 4 metres high in addition to the use of quiet equipment. It should be noted that a barrier with sufficient height but insufficient length will significantly reduce its noise attenuation effectiveness. This is avoidable by arranging the barriers to encircle the noise source.

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

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

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

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

Table 1 Recommended Mitigation Measures by Activity for the Project

It should be noted that these mitigation measures are applicable primarily to following locations:

Phase 1

Shek Wu Tong;
Ko Po San Tsuen;
Ko Po San Tsuen School;
Kat Hing Wai;
Ng Ka Tsuen;
Tsz Tong Tsuen;
Tin Sam Tsuen;
Tai Kek; and
Yuen Kong San Tsuen
The village house as shown in Figure B.

Table 2 Distance to NSRs affected by the Project

Annex B

Measures to Mitigate Environmental Impacts from Site Run-off

To mitigate the environmental impacts from site run-off, the following shall be implemented:

a) the boundaries of earthworks shall be marked and surrounded by dykes or embankments. Temporary ditches such as channels, earth bunds or sand bag barriers shall be provided to facilitate run-off discharge into stormwater drain, via a silt retention pond;

b) sediment traps and channels shall be cleaned and maintained on a regular basis. Daily inspections of these facilities is required;

c) perimeter channels shall be provided at the site boundaries to intercept storm run-off from off-site. These channels shall be constructed before site formation works and earthworks;

d) manholes shall be adequately covered or temporarily sealed;

e) material storage stockpiles shall be covered with tarpaulin or similar fabric to prevent material washing away;

f) exposed soil areas shall be minimised to reduce the potential for increased siltation and contamination of run-off; and

g) earthwork final surfaces shall be well compacted and subsequent permanent work should be performed immediately.

Annex C

Measures to Mitigate Environmental Impacts from Wastewater due to Construction Activities

To mitigate the environmental impacts from site run-off and drainage, the following shall be implemented:

a) water used for water testing, boring, drilling works, concrete batching and precast concrete casting shall be recirculated and reused;

b) online standby sump pumps shall be provided to prevent wastewater overflow from any water recycling system;

c) wastewater from concrete batching and precast concrete casting shall be treated for pH adjustment and silt removed prior to discharge into stormwater drains;

d) washwater from wheel washing facilities shall have sand, silt or other materials removed before discharge into stormwater drains; the access road sections between site exits and the public roads shall be paved with backfall to prevent site run-off from entering the public roads; and

e) drainage of groundwater shall be discharged into stormwater drains after removal of silt.

Annex D

Measures to Mitigate Noise Impact During Construction

To mitigate the noise impact from construction, the following shall be implemented:

a) quiet equipment shall be used at all times and all locations;

b) purpose built, permanent or moveable noise barriers shall not have openings or gaps, to ensure the required noise attenuation effect;

c) noise barriers shall be erected close to, but no further than 20 metres distant from, plant in operation; and

d) the noise mitigation measures submitted under condition 2.9 of this Permit shall be fully implemented.

Annex E

Measures to Mitigate Noise During Excavation Works

To mitigate the noise impact from Excavation works, the following shall be implemented:

a) the excavation mitigation measures as detailed in Annex A, attached to this Permit shall be used at locations where the works are closer than 100 metres to the nearest noise sensitive receivers, but 180 metres for schools; and

b) 3 metre high purpose built, noise barriers shall be erected between the plant in operation and nearby noise sensitive receivers, where noise sensitive receivers are at distances of between 60 and 100 metres from the works;

c) 3.5 metre high purpose built noise barriers shall be erected between the plant in operation and nearby noise sensitive receivers, where noise sensitive receivers are generally closer than 60 metres to the works; and

d) no more than 3 pieces of Powered Mechanical Equipment (PME) shall operate simultaneously in any one area or location, where noise sensitive receivers are generally closer than 60 metres to the works.

Annex F

Measures to Mitigate Noise Impact During Access Road Construction

To mitigate the noise impact from access road construction, the following shall be implemented:

a) the access road construction mitigation measures as detailed in Annex A, attached to this Permit shall be used at locations where the works are closer than 100 metres to the nearest noise sensitive receivers, but 180 metres for schools;

b) 3 metre high purpose built noise barriers shall be erected between the plant in operation and nearby noise sensitive receivers, where noise sensitive receivers are at distances of between 60 and 100 metres from the works;

c) 4 metre high purpose built noise barriers shall be erected between the plant in operation and nearby noise sensitive receivers, where noise sensitive receivers are generally closer than 60 metres to the works; and

d) no more than 2 pieces of Powered Mechanical Equipment (PME) shall operate simultaneously in any one work site or location, where noise sensitive receivers are generally closer than 60 metres to the works.

Annex G

Measures to Mitigate Noise Impact During River Bed Construction

To mitigate the noise impact from river bed construction, the following shall be implemented:

a) the river bed road construction mitigation measures as described in Annex A, attached to this Permit shall be used at locations where the works are closer than 100 metres to the nearest noise sensitive receivers, but 180 metres for schools;

b) 3 metre high purpose built noise barriers shall be erected between the plant in operation and nearby noise sensitive receivers, where noise sensitive receivers are at distances of between 60 and 100 metres from the works;

c) 3.5 metre high purpose built noise barriers shall be erected between the plant in operation and nearby noise sensitive receivers, where noise sensitive receivers are generally closer than 60 metres to the works; and

d) no more than 3 pieces of Powered Mechanical Equipment (PME) shall operate simultaneously in any one work site or location, where noise sensitive receivers are generally closer than 60 metres to the works.

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