Environmental Permit No.EP-162/2003/B

環境許可證編號 EP-162/2003/B

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 13

環境影響評估條例

(第499章)

第10條及第13條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) granted the Environmental Permit EP-162/2003 to the Major Works Project Management Office, Highways Department (hereinafter referred to as the “Permit Holder”) on 2 April 2003. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit EP-162/2003A based on the Application No. VEP-129/2003. The amendments described below are incorporated into this Environmental Permit (EP-162/2003/B). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions specified in and attached to Part C of this Permit

The issue of this amended 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）於2003年4月2日將環境許可證編號 EP-162/2003 批予路政署主要工程管理處（下稱“許可證持有人”）。根據環評條例第 13條的規定，署長因應申請書編號 VEP-129/2003修訂環境許可證編號 EP-162/2003/A。下文說明的修訂，已包含在本環境許可證內（編號EP-162/2003/B）。本經修訂的環境許可證，適用於建造及營辦本許可證B部所說明的指定工程項目，但須遵守本許可證C部所列明及附載的條件。

本經修訂的環境許可證乃依據下列文件、批准或許可條件而簽發﹕

Application No.

申請書編號

VEP-129/2003

Document in the Register :

登記冊上的文件：

(1) Shenzhen Western Corridor (SWC) – Investigation and Planning

(Register No.: AEIAR-067/2002)

- Environmental Impact Assessment Report, Volumes 1 to 3 (September 2002) [Hereinafter referred to as the “SWC EIA Report”]

- Environmental Impact Assessment Executive Summary (September 2002) [Hereinafter referred to as the “SWC EIA Executive Summary”]

- Environmental Monitoring and Audit Manual (September 2002)

[Hereinafter referred to as the “SWC EM&A Manual”]

(1) 深港西部通道-勘察及計劃 (登記冊編號: AEIAR-067/2002)

- 環境影響評估報告第一冊至第三冊 (2002年9月) [下稱“西部通道環評報告”]

- 環境影響評估行政摘要 (2002年9月) [下稱“西部通道環評行政摘要”]

- 環境監察及審核手冊 (2002年9月) [下稱“西部通道環監手冊”]

(2) The Director’s letter of approval of the SWC EIA Report dated 4 November 2002 (Reference: (82) in EP2/G/A/119 II)

(2) 署長於2002年11月4日發出批准西部通道環評報告的信件 (檔案編號: (82) in EP2/G/A/119 II)

(3) Deep Bay Link (DBL) – Investigation and Preliminary Design

(Register No.: AEIAR-064/2002)

- Environmental Impact Assessment Report, Volumes 1 to 3 (July 2002) [Hereinafter referred to as the “DBL EIA Report”]

- Environmental Impact Assessment Executive Summary (July 2002)

[Hereinafter referred to as the “DBL EIA Executive Summary”]

- Environmental Monitoring and Audit Manual (July 2002)

[Hereinafter referred to as the “DBL EM&A Manual”]

(3) 后海灣幹線-調查與初步設計 (登記冊編號: AEIAR-064/2002)

- 環境影響評估報告第一冊至第三冊 (2002年7月) [下稱“后海灣幹線環評報告”]

- 環境影響評估行政摘要 (2002年7月) [下稱“后海灣幹線環評行政摘要”]

- 環境監察及審核手冊 (2002年7月) [下稱“后海灣幹線環監手冊”]

(4) The Director’s letter of approval of the DBL EIA Report dated 13 September 2002 (Reference: (34) in EP2/G/A/100 III)

(4) 署長於2002年9月13日發出批准后海灣幹線環評報告的信件 (檔案編號: (34) in EP2/G/A/100 III)

(5) Application documents including all attachments submitted by the Permit Holder on 5 March 2003 (Application No. AEP-162/2003)

(5) 申請文件包括許可證持有人於2003年3月5日提交的所有附件(申請書編號:AEP-162/2003)

(6) Environmental Permit issued – Permit No.: EP-162/2003 issued on 2 April 2003

(6) 已簽發的環境許可證—許可證編號：EP-162/2003於2003年4月2日簽發。

(7) Application for Variation of an Environmental Permit No. VEP-098/2003. [Hereafter referred to as “the Application VEP-098/2003”]

(7) 申請更改環境許可證編號VEP-098/2003。

[下稱“申請書編號VEP-098/2003”]

(8) Environmental Permit issued – Permit No.: EP-162/2003/A issued on 5 June 2003

(8) 已簽發的環境許可證—許可證編號：EP-162/2003/A於2003年6月5日簽發。

(9) Application for Variation of an Environmental Permit No. VEP-129/2003. [Hereafter referred to as “the Application VEP-129/2003”]

(9) 申請更改環境許可證編號VEP-129/2003。

[下稱“申請書編號VEP-129/2003”]

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into this Environmental Permit

已包含在本環境許可證內的修訂項目

Date of Amendment

修訂日期

VEP – 098/2003

21 May 2003

2003年5月21日

- Vary Condition 3.11 in Part C of the Environmental Permit EP-162/2003

- 更改環境許可證編號 EP-162/2003 C 部第3.11項條件

5 June 2003

2003年6月5日

VEP – 129/2003

24 December 2003

2003年12月24日

- Vary Condition 3.3 in Part C of the Environmental Permit EP-162/2003/A

- 更改環境許可證編號 EP-162/2003/A C 部第3.3 項條件

- Vary Condition 3.8 in Part C of the Environmental Permit EP-162/2003/A

- 更改環境許可證編號 EP-162/2003/A C 部第3.8 項條件

19 January 2004

2004年1月 19 日

19 January 2004

Date

日期

(Elvis W. K. AU)

Assistant Director of Environmental Protection

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

(環境保護署助理署長(環境評估及噪音)區偉光代行)

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):

下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:

Title of Designated Projects

指定工程項目的名稱

Shenzhen Western Corridor and Part of Deep Bay Link

[The above designated projects are collectively referred to as “the Project”.]

深港西部通道及后海灣幹線其中一段

[以上指定工程項目合稱"工程項目"]

Nature of Designated Projects
指定工程項目的性質

A new expressway.

一條新的快速公路。

Location of Designated Projects

指定工程項目的地點

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

工程項目的位置載於本許可證夾附的圖1。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

(a) Construction and operation of a 3.2 km dual 3-lane carriageway elevated structure of the Shenzhen Western Corridor spanning across Deep Bay from Ngau Hom Shek to the section of the Shenzhen Western Corridor within the boundary of the Mainland;

(a) 建造及營辦深港西部通道一段長3.2公里的雙程三線分隔高架行車道，橫跨后海灣由鰲磡石至內地境內的另一段深港西部通道；

(b) Construction and operation of a 340 m dual 3-lane carriageway of the Deep Bay Link connecting to the Shenzhen Western Corridor at Ngau Hom Shek as described in item (a) above;

(b) 建造及營辦后海灣幹線一段長340米的雙程三線分隔行車道，連接至上文(a)項所說明位於鰲磡石的一段深港西部通道；

(c) Associated civil, structural, electrical & mechanical works, marine, geotechnical, water works, fire services and hydrants, environmental mitigation measures, traffic control & surveillance system, street lighting, traffic aids and directional signs, landscape and drainage works; and

(d) Enhancement dredging at the water channels connecting Deep Bay and Gei Wais in Mai Po as shown in Figure 2.

(d) 在圖2所示連接后海灣至米埔基圍的引水槽進行改善挖泥工程。

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 (EIAO) (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), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 and 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 EIA Ordinance Register Office.

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 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 Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site(s).

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 is designed, constructed and operated in accordance with the information and recommendations described in the SWC EIA Report, SWC EIA Executive Summary, SWC EM&A Manual (Register No. AEIAR-067/2002) and DBL EIA Report, DBL EIA Executive Summary, DBL EM&A Manual (Register No. AEIAR-064/2002), other relevant documents in the EIAO Register Office, 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 ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the EIAO Register Office 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 variations of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submission may constitute a contravention of the EIAO (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 respectively 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 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 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 Construction of Certain Parts of the Project

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

2.1 An ET shall be established no later than one month before the commencement of construction of the Project shown in Figure 1 of this Permit. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has 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 EM&A requirements as contained in the SWC EM&A Manual and DBL 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 findings of the SWC EIA Report and/or DBL EIA Report; and each and every non-compliance with the recommendations of the SWC EIA Report, the DBL EIA Report or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the SWC EIA Report, the DBL EIA Report 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 SWC EM&A Manual and DBL 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 replace the ET Leader, 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. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.

2.2 The Permit Holder shall employ an IEC no later than one month before the commencement of construction of the Project shown in Figure 1 of this Permit. The IEC shall be a person who has at least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the SWC EM&A Manual and DBL EM&A Manual, and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the SWC EM&A Manual and DBL 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 contemporaneous records of the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax transmission, within 24 hours of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the recommendations of the SWC EIA Report, the DBL EIA Reportor this Permit, which might affect the monitoring or control of adverse environmental impacts. Where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the SWC EM&A Manual and DBL 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 by the Permit Holder 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. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.

Regular Briefings to the EIA Subcommittee of the Advisory Council on the Environment (ACE)

2.3 The Permit Holder shall regularly brief the EIA Subcommittee of the ACE on the progress of the environmental management of the Project including the lighting design of the SWC bridge and the EM&A programme relating to the Project. The Permit Holder shall make arrangement with the Secretariat of the EIA Subcommittee of the ACE regarding details and frequency of the briefings.

Submission of Sedimentation Rate Monitoring (SRM) Plan

2.4 The Permit Holder shall, no later than two months before the commencement of construction of the Project shown in Figure 1 of this Permit, submit to the Director for approval five sets of a SRM Plan on monitoring the sedimentation rate in Deep Bay area. The SRM Plan shall include at least the monitoring methodology, the proposed monitoring locations & frequency and the equipments to be used. All measures recommended in the approved SRM Plan shall be fully and properly implemented in accordance with Conditions 4.6 and 6.2 below by the Permit Holder and any person working on the Project throughout the construction period and up to one year after the Project has commenced operation.

Transplantation of Seagrass

2.5 All seagrass beds within 50m of the works area boundaries as shown in Figure 3 of this Permit shall be located and marked clearly no later than one month before the commencement of marine construction works of the Project shown in Figure 1. All located seagrass shall be transplanted to a mudflat area to be identified at Pak Nai before the commencement of marine construction works of the Project. The Permit Holder shall, prior to the transplantation, agree with the Director on the exact location at Pai Nai for transplanting the seagrass.

Erection of Purpose-built Site Hoarding

2.6 To mitigate construction noise impact, a 3m high vertical site hoarding shall be erected at the location as shown in Figure 4 of this Permit before the commencement of construction of the Project shown in Figure 1. The 3m high vertical site hoarding shall have a mass per unit of surface area in excess of 7 kg/m² and have no gaps nor openings at joints in the screen material except where access road is required. The 3m high vertical site hoarding shall be properly maintained throughout the construction period of the Project.

Notification on Incidents of Major Spillages of Dredged Sediments

2.7 The Permit Holder shall, no later than two weeks before the commencement of marine construction works of the Project shown in Figure 1 of this Permit, identify and maintain an updated list of all owners of the oyster farms in the Deep Bay area or their representative associations. The Permit Holder shall notify those identified on the list of any incident of major spillages of dredged sediments in the Deep Bay arising from the marine works of the Project that might adversely affected the oyster farms as soon as practicable. The Permit Holder shall also inform the Mai Po Nature Reserve of any incident of major spillages of dredged sediments in the Deep Bay at the same time.

3. Submission or Measures for Construction of Certain Parts of the Project

Management Organization of Main Construction Companies

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

Submission of Habitat Creation and Management (HCM) Plan

3.2 The Permit Holder shall, within one month after the commencement of construction of the Project shown in Figure 1 of this Permit, submit to the Director for approval five sets of HCM Plan. The HCM Plan shall take into account the findings and recommendations of the DBL EIA Report. In particular, the HCM Plan shall include an on-site or off-site compensation package with the creation of a Wetland Compensation Area during the construction of the Project for the loss of fishpond as a result of the Project. Before submission to the Director, the HCM Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the DBL EIA Report. All measures recommended in the approved HCM Plan shall be fully and properly implemented.

Measures to Mitigate Water Quality Impacts

3.3 To mitigate water quality impact arising from the marine dredging and excavation works of the Project, the following requirements shall be followed:

(a) the total number of excavators, grabs and reverse circulation drills operating simultaneously for dredging and excavation inside the bored-pile casings and cofferdams shall not be more than thirty five and thirty three during the periods respectively from September to May of next year and June to August;

(b) the total number of bridge piers that are under pile cap excavation simultaneously shall not be more than nine;

(c) the total dredging rate of all excavator(s) and/or grab(s) for pile cap excavation inside the cofferdam shall not be more than 50 cubic metres per hour at each bridge pier;

(d) to avoid potential hindrance to tidal flow, no more than sixteen pairs and fourteen pairs of cofferdam shall be allowed in the marine construction site during the periods respectively from September to May of next year and June to August; and

(e) the dredging rates and the corresponding water quality monitoring data during pile cap excavation shall be recorded, certified by the ET Leader and verified by the IEC, and reported in the monthly EM&A Report. If any exceedance of water quality monitoring data due to the marine dredging and excavation works of the Project occurs before more than eight pairs of bridge piers are simultaneously under construction, the requirement specified in (b) above shall be reviewed and agreed with the Director.

3.4 Cofferdam and silt curtain shall be installed at each pier site, as shown in Figure 6 of this Permit, prior to the commencement of any dredging works at the pier site. Only close grab dredger(s) shall be used for dredging to avoid release of the dredged sediment into the surrounding water.

3.5 Wastewater treatment systems, comprising of chemical coagulation, sedimentation and pH control processes, shall be installed on site to treat the construction runoff and wastewater generated from the construction activities of the Project, including those at the Lung Kwu Sheung Tan works area. For the bored piling works at various locations, the wastewater treatment system shall be installed in accordance with the details as shown in Figure 7 of this Permit In addition, precautionary drainage measures shall also be implemented during the bored pile construction works on land at Ngau Hom Shek in accordance with the details as shown in Figure 8 of this Permit. The precautionary drainage measures shall include a combination of the following facilities:

(a) a row of interlocking sheetpiles to fence off the area from the nearby stream course;

(b) trenches or surface channels;

(d) sand bags; and

(e) pump pits.

Measures to Mitigate Ecological Impacts

3.6 All work crews, equipment and all construction activities shall be confined to the designated 50m works area shown in Figure 3. For this purpose, the boundaries of the designated 50m works area shall be properly marked with visible marking throughout the entire construction period. All construction materials and wastes, and/or equipment shall be cleared from the mudflats and the original profile of the mudflat shall be restored within two months after the completion of all marine construction works of the Project.

Replanting of Mangroves

3.7 To compensate for mangrove tree(s) felled as a result of the construction works of the Project, two droppers shall be planted for each mangrove tree felled in the mangrove replanting site shown in Figure 3 no later than four months after the mudflat restoration as required under Condition 3.6 above.

Search and Removal of Exotic Mangroves Species and Weeds

3.8 Exotic mangroves species and/or weed on the mudflat (such as Sonneratia spp. and Spartina sp.) within Inner Deep Bay shall be searched and removed no earlier than May 2004 and no later than October 2004. The exact extents and locations of the search shall be agreed with the Director before commencement of the search. Within one month after completion of the removal works, five copies of a map showing the areas or individual locations of the exotic mangroves species and/or weed that have been identified and removed shall be deposited with the Director. The map shall be certified by the ET Leader and verified by the IEC before it is deposited with the Director.

Transplantation of Bamboos

3.9 All bamboos growing in the existing egretry at Ngau Hom Shek, as shown in Figure 9, shall be transplanted, no later than one month before the commencement of any works at the egretry, to a suitable location to be agreed with the Director. Transplantation of the bamboos shall be confined to the period from September to February and only after confirmation by the ET Leader that no ardeids are using the egretry as nesting site.

Enhancement Dredging Works at Mai Po

3.10 The dredging of deposited sediment in the water channels leading to Gei Wai Nos. 16 & 17 in the Mai Po Nature Reserve, as shown in Figure 2 of this Permit, shall be completed prior to November that marks the start of the first winter period after the commencement of construction of the Project in order to lower the elevation of the channel bottom by one metre. Any extension of this dredging works into or after the winter period shall be approved by the Director.

3.11 An amphibious dredger, either fitted with a closed grab or a backhoe, as shown in Figures 2A to 2D of this Permit, shall be used to carry out the dredging works at Mai Po. Silt curtains or sheet piles shall be installed to confine the dredging areas so as to avoid spreading of dredged sediments. On-site stockpiling of dredged material shall not be allowed. The dredging works shall be suspended and the dredged materials shall be covered with tarpaulin or impervious sheets when a rainstorm occurs.

Measures to Mitigate Archaeological Impacts

3.12 A rescue excavation at the designated area within the Ngau Hom Shek Beach Site, as shown in Figure 10 of this Permit, shall be conducted by a qualified archaeologist and completed before the commencement of any earthworks or building works within the designated area. The Permit Holder shall produce a report on details of the findings during the rescue excavation and deposit three copies of the report to the Director within one month after the completion of the rescue excavation.

3.13 An archaeological investigation shall be conducted by a qualified archaeologist and completed before the commencement of any earthworks or building works at the west area of the Ngau Hom Shek Beach Site shown in Figure 11 of this Permit. If archaeological features are identified in this area, a rescue excavation shall be conducted by a qualified archaeologist and completed before the commencement of any earthworks or building works at the area. The Permit Holder shall produce a report on the details of the investigation findings and, if applicable, details of the rescue excavation. Three copies of the report shall be deposited with the Director within two weeks after the completion of the investigation.

3.14 All construction facilities and activities shall avoid the Ngau Hom Shek Hill Site of archaeological significance as shown in Figure 11 of this Permit.

Measures to Mitigate Landscape and Visual Impacts

3.15 To mitigate the landscape and visual impacts arising from the construction of the Project, all mitigation measures shall be fully and properly implemented in accordance with details as set out in the Appendix A and the layout plan in Figure 12 of this Permit.

4. Environmental Monitoring and Audit (EM&A) Requirements during Construction Period

4.1 The EM&A programme for construction period of the Project shall be implemented as set out in the both SWC EM&A Manual and DBL EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the requirements set out in the SWC EM&A Manual and DBL EM&A Manual, and shall be submitted to the Director for approval.

4.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the SWC EM&A Manual and DBL EM&A Manual by:

(a) conducting baseline environmental monitoring on water quality, ecology, noise and air quality;

(b) conducting impact monitoring on water quality, ecology, noise and air quality;

(c) carrying out remedial actions described in the Event/Action Plans of the SWC EM&A Manual and DBL EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the SWC EM&A Manual and DBL EM&A Manual are exceeded;

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

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

4.4 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the 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.

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

Monitoring of Sedimentation Rate in Deep Bay

4.6 Monitoring on the sedimentation rate in Deep Bay shall be carried out in accordance with the approved Sedimentation Rate Monitoring Plan submitted under Condition 2.4 above during the construction period of the Project. The monitoring shall be carried out monthly and the results recorded in the monthly EM&A Report.

4.7 For the purpose of reporting to the EIA Subcommittee of the Advisory Council on the Environment, the Permit Holder shall produce a report, within one month after the completion of the construction, on the monitoring methodology, monitoring results and analysis on the deviations, if any, from the EIA report predictions with possible reasons. The report shall be certified by the ET Leader and verified by the IEC. Three hard copies and one electronic copy of the report in the formats specified in Condition 7.1 below shall be deposited with the Director. Fifteen copies of the report shall also be sent to the EIA Subcommittee of the Advisory Council on the Environment at 10/F, Citibank Tower, 3 Garden Road, Central, Hong Kong. Additional copies of the submission shall be provided to the Director upon request by the Director.

Monitoring of Transplanted Seagrass

4.8 The seagrass transplanted under Condition 2.5 above at Pak Nai shall be monitored for survival and growth throughout the construction period of the Project. The monitoring shall be carried out quarterly and the results, to include photos, shall be recorded in the EM&A Report.

Monitoring of Feeding Shorebirds

4.9 The distribution of shorebirds feeding on the intertidal mudflat within 500m on either sides of the construction site shall be monitored in accordance with the methodology specified in the SWC EM&A Manual throughout the construction period of the Project. The monitoring shall be carried out at monthly intervals and the results shall be recorded in the monthly EM&A Report.

5. Submission or Measures for Operation of the Project

Submission of Emergency Response Plan for Spillage of Chemicals

5.1 The Permit Holder shall, no later than two months before the commencement of operation of the Project, deposit with the Director five sets of a detailed Emergency Response Plan (ERP) on how to properly handle chemical spillages caused by traffic incidents on either side of the territorial boundary on the carriageway. The ERP shall be verified by the IEC as conforming to the framework and recommendations contained in the SWC EIA Report. Fifteen copies of the ERP shall be provided to the EIA Subcommittee of the Advisory Council on the Environment at 10/F, Citibank Tower, 3 Garden Road, Central, Hong Kong. Additional copies of the submission shall be provided to the Director upon request by the Director.

Cleaning of Carriageway

5.2 The carriageway of the Project shall be cleaned twice a week by vacuum air sweeper(s) (or suction truck(s)) to remove grits and pollutants. Any consecutive cleaning events shall not be more than four days apart. The removed grits and pollutants shall be transported away for off site disposal. If necessary, the Director may require the Permit Holder to increase the cleaning frequency based on the findings of the report submitted to him under Condition 6.5 below.

Energy dissipaters for surface runoff

5.3 Energy dissipaters shall be designed and installed at the bottom of the road drainage down pipes of the SWC bridge piers to prevent flushing of the mudflat by surface runoff.

Mitigating Landscape and Visual Impacts

5.4 To mitigate the landscape and visual impacts arising from the operation of the Project, all mitigation measures shall be fully and properly implemented in accordance with the details as set out in Appendix B and the layout plan in Figure 13 of this Permit. All these landscape and visual mitigation measures shall be properly maintained during the operation of the Project.

Maintenance of Ecological Mitigation Measures

5.5 All recommended ecological measures in the approved Habitat Creation and Management Plan required in Condition 3.2 above shall be properly implemented and maintained during the operation of the Project.

6. Environmental Monitoring and Audit Requirements during Operation of the Project

6.1 The EM&A programme during operation of the Project shall be implemented as set out in the SWC EM&A Manual and DBL EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the requirements set out in the SWC EM&A Manual and DBL EM&A Manual and shall be submitted to the Director for approval.

Monitoring of Sedimentation Rate in Deep Bay

6.2 Monitoring on the sedimentation rate in Deep Bay shall be carried out in accordance with the approved Sedimentation Rate Monitoring Plan submitted under Condition 2.4 above for one year after the Project has commenced operation. The monitoring shall be carried out monthly and the results shall be recorded in the monthly EM&A Report.

6.3 For the purpose of reporting to the EIA Subcommittee of the Advisory Council on the Environment, the Permit Holder shall produce a report, within one month after the completion of the one-year operational monitoring, on the monitoring methodology, monitoring results and analysis on the deviations, if any, from the EIA report predictions with possible reasons. Three hard copies and one electronic copy of the report in the format specified in Condition 7.1 below, after certified by the Permit Holder, shall be deposited with the Director. Fifteen copies of the report shall also be sent to the EIA Subcommittee of the Advisory Council on the Environment at 10/F, Citibank Tower, 3 Garden Road, Central, Hong Kong. Additional copies of the submission shall be provided to the Director upon request by the Director.

Monitoring of Surface Runoff from the Carriageway

6.4 The quality of the surface runoff from the carriageway shall be monitored in accordance with the details in Section 4 the SWC EM&A Manual and Section 4 of the DBL EM&A during the first year of operation of the Project. All monitoring results shall be recorded in the EM&A Report.

6.5 The Permit Holder shall, within two weeks after each monitoring period specified in the SWC E&MA Manual and DBL EM&A Manual, submit to the Director for approval a report that evaluates the quality of the surface runoff, effectiveness of the cleaning frequency in removing pollutants from the carriageway surface, and recommends any modification to the monitoring programme. The Director may require the Permit Holder to extend the monitoring period and/or increase the cleaning frequency as the Director thinks fit. The Permit Holder shall submit another report to cover the extended period of monitoring to the Director for approval, within two weeks after completion of the extended monitoring.

Monitoring of Operational Noise

6.6 An operational noise monitoring as described in the SWC EM&A Manual and DBL EM&A Manual shall be carried out for the purpose of verifying the traffic noise assessment, by comparing the noise impact predictions with the actual impacts. A report shall be produced to record the monitoring details and results, including the comparison between the measured noise levels and the predicted levels in the EIA Reports. The Permit Holder shall deposit three hard copies and one electronic copy of the report in the formats specified in Condition 7.1 below with the Director within one month after completion of the monitoring.

Monitoring of Bridge Lighting Scheme and Bird Collisions

6.7 The effect of the SWC bridge lighting schemes on bird mortality due to collision with the bridge shall be monitored for 3 years in accordance with Section 6 of the SWC EM&A Manual after the Project has commenced operation. The monitoring shall be carried out monthly. Additional monitoring shall be conducted after inclement weather including misty days and very cold days.

6.8 A quarterly report shall be produced to document the monitoring methodology and results, including the types and schemes of illumination used on the bridge, the weather conditions and records of bird mortalities by date, number, species, locations and estimated cause of death. The report shall also give an outline of the monitoring programme in the next quarter, including the bridge illumination to be used in view of the bird mortality, if any, of the previous quarter, various combinations of illumination scheme, weather conditions, time of day and season of year. The Permit Holder shall deposit three hard copies and one electronic copy of the report in the formats specified in Condition 7.1 below with the Director within one month after the completion of the quarterly monitoring. Fifteen copies of the report shall also be sent to the EIA Subcommittee of the Advisory Council on the Environment at 10/F, Citibank Tower, 3 Garden Road, Central, Hong Kong. Additional copies of the submission shall be provided to the Director upon request by the Director.

Monitoring of Feeding Shorebirds

6.9 The distribution of shorebirds feeding on the intertidal mudflats within 500m on either sides of the elevated carriageway shall be monitored in accordance with the methodology specified in the SWC EM&A Manual for at least 2 years after the Project has commenced operation. The monitoring shall be carried out bimonthly and the results shall be recorded in the EM&A Report.

Monitoring of Replanted Mangroves

6.10 The mangroves replanted under Condition 3.7 above shall be monitored for survival and growth for 2 year after the Project has commenced operation. The monitoring shall be carried out quarterly and the results, with photos, shall be recorded in the EM&A Report.

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 EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports 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 4 and 6 above 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.

7.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 7.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

7.3 The Internet web site as described in Condition 7.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the documents (1) to (5) listed in Part A of this Permit, and this Environmental Permit. The Internet web site shall have features capable of:

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

(b) providing access to all finalized submissions as required under this Permit;

(d) searching by types of monitoring data (water quality, ecology, noise and air quality); and

(e) hyperlinking 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 condition 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 construction 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 construction 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 construction or operation of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

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 Ordinance for details and seek independent legal advice.

Appendix A : Measures to Mitigate Landscape and Visual Impacts During Construction

ID No.	Mitigation Measure
CM1	Conservation (excavation and stockpiling on site) of topsoil shall be undertaken for re-use in landscape works. This includes the proper storage of topsoil to minimise erosion of stockpiles.
CM2	Night-time lighting shall be controlled to minimize glare to sensitive receivers.
CM3	Replanting of disturbed vegetation shall be undertaken and this shall use predominantly native plant species.
CM4	Screen hoarding, using decorative graphic and chromatic devises shall be erected around the works wherever possible to screen the works from motorists and other receivers within the road corridor and adjacent areas.
CM5	Existing vegetation adjacent to Deep Bay Road shall be maintained and protected for a minimum width of 10 metres on either side.
CM6	Planting within and at the perimeter of temporary work sites shall be undertaken at the earliest possible stage before and during construction, and opportunities should be sought for undertaking any advance planting.
CM7	Existing trees shall be transplanted as per the Master Landscape Plan in the SWC EIA Report.

Appendix B : Measures to Mitigate Landscape and Visual Impacts for Operation

ID No.	Mitigation Measure
OM1	Woodland tree and shrub planting shall be implemented adjacent to the Deep Bay Road where it is at grade. This will include cut and filled slopes (approx. area 0.4Ha).
OM2	Bio-engineering techniques shall be implemented to the cut slopes (approx. area 0.1Ha).
OM3	Non-invasive climbing plants shall be used to soften the appearance of viaduct columns at ground level.
OM4	Woodland tree and shrub planting shall be undertaken at cut slopes so as to compensate for vegetation lost during construction. Any affected slope areas shall be hydroseeded and planted with woodland species, avoid shotcreting (approx. area 0.1Ha).
OM5	Native shrub planting shall be undertaken to screen the proposed works and blend it into the landscape (approx. area 3.4Ha).
OM6	Planting shall be incorporated where possible to screen the road and bridge in low level views from adjacent areas, and to tone down the extent of hard paving and surfaces and reduce the amount of glare (approx. area 0.2Ha).
OM7	Sensitive architectural design of engineering and other built structures, including form and finishes, this will include but not limited to: paved surfaces, retaining walls, walls, columns, buildings, and other structures, light standards, etc, shall be used.
OM8	Lighting of road and bridge shall be designed to minimize glare to all receivers. Poles and fittings shall be designed to conform with the bridge design.
OM9	Tree stock (approximately 45 trees) shall be transplanted.