Environmental Permit No. EP-163/2003/C
環境許可證編號 EP-163/2003/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10 及
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
A部 ( 許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit No. EP-163/2003 to the HIGHWAYS DEPARTMENT (hereinafter referred to as the “Permit Holder”) on 2 April 2003. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit based on the Application No. VEP-158/2004. The amendments, described below, are incorporated into this Environmental Permit No. EP-163/2003/C. This Environmental Permit as amended is for the construction and operation of the designated project described in Part B of this Permit subject to the conditions specified in and attached to Part C of this Permit.
根據環境影響評估條例(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-163/2003 批予路政署 (下稱"許可證持有人")。 根據條例第13條的規定﹐署長因應更改環境許可證的申請編號VEP-158/2004修訂環境許可證。以下修訂已包含在本環境許可證編號 EP-163/2003/C內。本經修訂的環境許可證，只適用於建造及營辦本許可證B部所說明的指定工程項目﹐並須遵守本許可證C部所說明及附載的條件。
This environmental permit is based on the documents, approvals and permissions described below :
本環境許可證乃依據下列的文件、批准及許可條件而簽發:
|
Documents in the Register : 登記]冊上的文件:
|
(1) Agreement No. CE109/98 Deep Bay Link
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”] - EIA 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”] (1) 顧問合約編號CE109/98 后海灣幹線 工程 調查與初步設計 (登記冊編號: AEIAR-064/2002) - 環境影響評估報告(2002年7月) [下稱「后海灣幹線 環評報告」] - 環境影響評估報告行政摘要 (2002年7月) [下稱「后海灣幹線 環評摘要」] - 環境監察及審核手冊 (2002年7月) [下稱「后海灣幹線 環監手冊」]
(2) The Director’s
letter of approval of the DBL EIA report dated 13 September 2002
(Reference: (34) in EP2/G/A/100 Pt.3) (2) 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 Pt.3) (3) Agreement No. CE98/98 Widening of
Yuen Long Highway between Lam Tei and Shap Pat Heung Interchange Preliminary
Design & Ground Investigation Assignment (Register No.: AEIAR-059/2002) - Final Environmental Impact Assessment Report (December 2001) [Hereinafter referred to as the “ YLH
EIA Report”] - Final EIA Executive Summary (December 2001) [Hereinafter referred to as the “YLH EIA
Executive Summary”] - Environmental Monitoring and Audit Manual (December
2001) [Hereinafter referred to as the “YLH
EM&A Manual”] (3) 顧問合約編號CE98/98 元朗公路藍地至十八鄉段擴闊工程初步設計及土地勘測 (登記冊編號: AEIAR-059/2002) - 環境影響評估報告(2001年12月) [下稱「元朗公路擴闊環評報告」] - 環境影響評估報告行政摘要 (2001年12月) [下稱「元朗公路擴闊環評行政摘要」] - 環境監察及審核手冊 (2001年12月) [下稱「元朗公路擴闊環監手冊」] (4) The Director’s letter of
approval of the YLH EIA report dated 22 May 2002 (Reference: (26) in
Ax(1) to EP2/N6/A/62 IV) (4)
署長於2002年5月22日發出批准元朗公路擴闊環評報告的信件 (檔案編號: (26) in Ax(1) to EP2/N6/A/62 IV) (5) Application documents including all
attachments submitted by the Permit Holder on 5 March 2003 (Application No.
AEP-163/2003) (5) 申請文件包括許可證持有人於2003年3月5日提交所有附件 (申請書編號: AEP-163/2003) (6)Application for Variation of an
Environmental Permit No. VEP-140/2004 and attached documents submitted by the
Permit Holder on 6 May 2004 (6) 許可證持有人於2004年5月6日提交的更改環境許可證的申請編號VEP-140/2004和附件 (7)Application for Variation of an
Environmental Permit No. VEP-151/2004 and attached documents submitted by the
Permit Holder on 11 August 2004 (7)許可證持有人於2004年8月11日提交的更改環境許可證的申請編號VEP-151/2004和附件 (8)Application for Variation of an
Environmental Permit No. VEP-158/2004 and attached documents submitted by the
Permit Holder on 11 November 2004 (8)許可證持有人於2004年11月11日提交更改環境許可證申請編號VEP-158/2004和附件 |
|
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-140/2004 |
6 May 2004 2004年5月6日 |
Amend
conditions 3.2 and 3.11 更改項目3.2和 3.11 Delete Figure 8a 刪除圖8a Replace Figure
8b and rename as Figure 8 |
21 May
2004 2004年5月21 日 |
|
VEP-151/2004 |
11 August 2004 2004年8月11日 |
Amend
conditions 3.11(b), (c) and (f) 更改項目3.11(b), (c) 和 (f) Rename
condition 3.11(n) as 3.11(l) 重新命名項目3.11(n)為3.11(l) |
1 September 2004 2004年9月1日 |
|
VEP-158/2004 |
11 November 2004 2004年11月11日 |
Amend
conditions 3.11(b), (d), (g) and (h) 更改項目3.11(b), (d), (g) 和 (h) Amend Figure
8 |
December 2004 2004年12月 日 |
December 2004
|
Date 日期 |
|
(
Mr. 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 助理環境保護署署長(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 description of designated project mentioned in Part A of this environmental
permit :
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title
of Designated Projects 指定工程項目的名稱 |
Deep Bay Link and Widening of Yuen Long
Highway between Lam Tei and Shap Pat Heung Interchange ( Lam Tei to Tan Kwai
Tsuen Section ) [The above designated project is hereinafter referred to as “the
Project”] 后海灣幹線 及 元朗公路藍地至十八鄉段擴闊工程 ( 藍地至丹桂村段 ) [ 這工程項目下稱 “工程項目” ] |
|
Nature of
Designated Projects |
(a) A new Expressway. (a) 一條新的快速公路。 (b) Major improvements to existing roads. (b) 現有道路之重大改善工程。 |
|
Location of Designated Projects指定工程項目地點 |
The location of the Project is shown in Figure 1
attached to this Permit. |
|
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 dual three-lane carriageway (Deep Bay Link) with bridge
structures linking the proposed Shenzhen Western Corridor at Ngau Hom Shek
with the Yuen Long Highway at Lam Tei; (a)建造及營辦一條三線分隔行車道 ( 后海灣幹線 )，包括高架行車道，在鰲磡石連接深港西部通道，及在藍地連接元朗公路; (b) Construction
and operation of an interchange between Deep Bay Link and Yuen Long Highway
at Lam Tei; (b)建造及營辦后海灣幹線和元朗公路在藍地的交匯處; (c) Construction
of an interchange at Ha Tsuen for Deep Bay Link; (c)建造及營辦后海灣幹線在夏村的交匯處; (d) Widening
of the Yuen Long Highway between Lam Tei and Tan Kwai Tsuen from a duel
2-lane to a dual 3-lane carriageway, together with a 3.65m hard shoulder for
each carriageway; (d)把介乎藍地及丹桂村之間的一段元朗公路由雙程雙線分隔車路擴闊至雙程三線分隔車路，包括每邊行車路上3.65米闊的路肩; (e) Modification and widening of existing highway structures, i.e.
culverts, bridges, underpasses, pedestrian subways, etc. to suit the
widening; (e) 修改及擴闊現有的公路設施，即暗渠、橋樑、下通路、行人隧道等，以配合上述的擴闊工程; (f) Realigning the various slip roads joining the Yuen Long Highway to
suit the above widening; and (f) 把各條接駁元朗公路的連接路重新定線，以配合上述的擴闊工程; 及 (g) Provisioning/reprovisioning of associated civil,
structural, geotechnical, landscape and drainage works, street lighting, traffic
aids (including sign gantries)
and directional signs, central divider/parapets,
environmental mitigation measures, fire hydrants, water works, traffic
control and surveillance system, and electrical and mechanical works; (g) 提供/重設相關的土木、結構、土力、景觀美化及渠務工程、街道照明、交通輔助設施（包括高架道路標誌）及方向指示牌、中央分隔欄/防撞欄、環境緩解措施、消防栓、水務工程、交通管制及監察系統、及機電設施。 |
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 EIAO 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 description in Part B of this Permit.
1.7 The
Permit Holder shall ensure that the Project is designed, constructed and
operated in accordance with the information and recommendations described in
the DBL EIA Report, DBL EIA Executive Summary, DBL EM&A Manual (Register
No. AEIAR-064/2002) and YLH EIA Report, YLH EIA Executive Summary, YLH EM&A
Manual (Register No. AEIAR-059/2002), 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, and all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this
Permit. Any variation of the submissions shall be approved by the
Director in writing or as prescribed in the relevant permit conditions.
Any non-compliance with the submissions may constitute a contravention of
the EIAO (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 preparations, or other works as agreed by the
Director.
2.
Submissions and Measures
before Commencement of Construction 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 commencement of construction of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has
at least 7 years' experience in environmental monitoring and auditing
(EM&A) or environmental management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the requirements as
contained in the DBL EM&A Manual and YLH EM&A Manual. The ET Leader shall keep a
contemporaneous logbook of each and every circumstance or change of
circumstances that may affect the findings of DBL EIA Report and/or YLH EIA
Report and each and every non-compliance with the recommendations of the DBL EIA
Report, the YLH EIA Report or this Permit. This logbook shall be kept readily available for inspection
by all persons assisting in supervision of the implementation of the
recommendations of the DBL EIA Report, the YLH EIA Report and this Permit or by
the Director or his authorized officers. Failure to maintain records in the logbook, failure to
discharge the duties of the ET Leader as defined in the DBL EM&A Manual and
YLH 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 upon notice in writing from the Director, or
further failure to keep contemporaneous records in the logbook 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 commencement of construction of the Project. 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 DBL EM&A Manual and YLH EM&A Manual and shall audit the
overall EM&A programme, including the implementation of all environmental
mitigation measures, submissions required in the DBL EM&A Manual and YLH
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 logbook(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 change
of circumstances or non-compliance with the recommendations of the DBL EIA
Report, the YLH EIA Report or this Permit, which might affect the monitoring or
control of adverse environmental impacts from the Project. In case the IEC fails to so notify the
Director of the same, fails to discharge the duties of the IEC as defined in
the DBL EM&A Manual and the YLH 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 upon notice in writing from the Director, 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.
Submission of Construction Noise Mitigation Plan (CNMP)
2.3
The Permit Holder shall, at least 2 weeks before commencement of construction of the Project, submit 3 sets of construction noise
mitigation plan (CNMP) to the Director for approval. The CNMP shall include a detailed review of the construction
noise assessment using the latest available information regarding construction
equipment and construction programme to re-confirm the construction noise
mitigation measure requirements for the four sensitive receivers, i.e. Lam
Tei Gospel School, Fuk Hang Village, Rural/Village Houses near Tsoi Yuen Tsuen,
and Tsoi Yuen Tsuen, as shown in the attached Table 1 and Figure
2. The CNMP shall
consider providing relief to the six affected dwellings in Tsoi Yuen Tsuen
during the period when they will be subject to residual construction noise
impact. The CNMP shall give full
regard to the latest information about the Lam Tei Gospel School examination
periods and non-school days in scheduling the construction work programme
to avoid noise impact affecting examination periods. The CNMP shall include drawings (at least 1:1000 scale) and
explanatory notes detailing the locations and arrangement of the temporary
noise barriers and site hoardings, and the number and type of construction
plants and equipment, procedure and sequence of construction. The submission
shall be certified by the ET leader and verified by IEC as conforming to the
information and recommendations contained in the DBL EIA Report and YLH EIA
Report.
Submission of Contamination Assessment Plan
(CAP)
2.4
The Permit Holder shall, at least 2 weeks before commencement of construction
of the Project, submit 3 sets of Contamination Assessment Plan (CAP) to the
Director for approval. The CAP shall be prepared for the areas shown in the
attached Figures
3a to 3c
in order to identify the need for decontamination in these areas and shall
take into account the relevant findings and recommendations in the land contamination
impact section of the DBL EIA Report. Before submission to the Director, the CAP 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.
3
Submissions and Measures for
Construction 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 Complete Record of Chung Shan
Cemetery (Permitted Burial Ground No. 22)
3.2 If the work of the Project
necessitates relocation of any of the graves in the Chung Shan Cemetery (Permitted
Burial Ground No. 22), then the Permit Holder shall, no later than
2 months before commencement of relocation of any of the graves within the
Chung Shan Cemetery (Permitted Burial Ground No. 22), deposit with the Director
3 sets of complete record of the affected graves
in Chung Shan Cemetery, as shown on the attached Figure
4. The record shall be undertaken by a qualified
archaeologist. The record shall
take the form of written text, photographs, basic measurements and location
plans. The content of the record
shall include : (i) where applicable, the
scale and distribution of the cemetery as well as the arrangement and grouping
of the graves; (ii) the types and structures of the graves; and (iii) the
hosts of the graves and the content of the gravestone inscriptions.
Submission of Habitat Creation and Management (HCM) Plan
3.3
The Permit Holder shall, within one month after
the commencement of construction of the Project, submit to the Director for
approval 5 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.
The HCM Plan shall include details on re-alignment
and diversion of stream courses shown in Figure 4.2 of the DBL EIA report at
locations where the Project alignment intersects with streams and details of measures for protecting the
streams from adverse impacts due to construction site runoff pollution.
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 Landscape and Visual Impacts
3.4
To mitigate the landscape and
visual impacts from the operation of the Project, landscape mitigation measures
shall be implemented in accordance with : (i) the Landscape Mitigation Measures
Plans as shown in Figures 10.7.1 to 10.7.6 and Section 10.7.3 of the DBL EIA
report; (ii) the Master Landscape Plan as shown in drawing numbers
22913/P/13/200 to 228 in Appendix 10 of the DBL EIA report; and (iii) the
Landscape Proposal as shown in Figures 8.41 to 8.62 and Section 8.13.2 of the
YLH EIA report. The design of
noise barriers shall avoid the use of bright and conspicuous colours.
Measures to Mitigate
Construction Noise Impacts
3.5
To mitigate the construction noise impact
arising from the Project, all measures recommended in the approved CNMP submitted
under Condition 2.3 of this permit, section 3.5 in the DBL EIA report and
sections 3.7 and 3.8.1 in the YLH EIA report shall be fully implemented throughout
the construction period of the Project.
Measures to Manage
Construction and Demolition Waste Impacts
3.6
The management and disposal for the
construction and demolition (C&D) material generated from the Project,
including on-site storage, segregation, and re-use of the material for filling
embankment, shall be implemented in accordance with section 5.4 and 5.5 of the
DBL EIA report and section 6.3.3 of the YLH EIA report.
Measures
to Clean Up Contaminated Land
3.7
Land contamination sampling and testing
in accordance with the recommendations of the approved CAP submitted under
Condition 2.4 shall be carried out within 1 week after commencement of construction of the Project and the
findings shall be reported in a Contamination Assessment Report (CAR). If the CAR findings do not confirm the existence of land contamination within
the Project site(s), 3 sets of CAR shall be deposited with the Director within
2 weeks after completion of the land
contamination sampling and testing. If the CAR findings
confirm the existence of land contamination within the areas shown
in Figures 3a to
3c,
a Remediation Action Plan (RAP) shall be prepared detailing the remediation
objectives, technology and programme. Three sets of a combined report of CAR/RAP shall be submitted
to the Director for approval within 2 months after completion of land contamination sampling and testing. The CAR or combined CAR/RAP submission
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. If the CAR findings confirm the existence
of land contamination within the areas shown in Figures
3a to 3c,
the recommendations of the approved combined CAR/RAP report shall be fully
and properly implemented to decontaminate the relevant site(s) before commencement
of any construction work that may disturb the ground of the relevant site(s).
Measures to
Mitigate Ecological Impacts from Habitat Fragmentation
3.8
To mitigate
ecological impacts due to habitat fragmentation arising from construction
and operation of the Project, dry shoulders of at least 1m in width shall
be provided in culverts where the road crosses streams (Culvert 2B and 4B,
as shown in attached Figure
5) to allow terrestrial wildlife
to pass through.
Measures to
Mitigate Traffic Noise Impacts
3.9
To mitigate
the traffic noise impact arising from the operation of the Project, the noise barriers
shall be implemented in accordance
with Tables 2a to 2c
and Figures
6a to 6c
attached to this Permit. Noise barriers to be fully implemented before commencement of operation of
the Project are shown in Table 2a and Figure
6a. Noise barriers to be implemented before
commencement of population intake at planned developments at Lam Tei are shown
in Table 2b and Figure 6b.
Noise barriers to be implemented before commencement of population
intake at planned developments at Hing Shui Kiu New Development Area are shown
in Table 2c and Figure 6c.
The noise barriers shall be continuous
structures with no gap or opening except where access road or emergency exit
is required.
Measures to
Mitigate Archeological Impacts at Tsing Chuen Wai and Lam Tei
3.10
Rescue excavations at the Tsing Chuen
Wai Site with Archaeological Significance (TCW Site) and the Lam Tei Site
with Archaeological Significance (LT Site), shown on the attached Figure
7, shall be carried out by
a qualified archaeologist and completed before commencement of any construction
work that may disturb the ground of the relevant sites.
The rescue excavation at TCW Site shall comprise three test trenches
along the traces of tiles on the tiers of the low terrace, with a size of
30m by 3m, 30m by 3m and 10m by 3m respectively, and four square test pits
of 5m by 5m in other parts of the TCW Site.
Total size of the rescue excavation at the TCW Site shall be about
280 m2. The rescue excavation at LT Site shall
comprise twenty small test pits of a size of 2m by 2m in the central area
of the LT Site with concentrated structural features. The initial test pits with important findings shall be expanded
such that the total size of the rescue excavation at the LT Site shall be
about 200 m2. The
Permit Holder shall produce a report on the details and findings of the rescue
excavations. Three copies of
the report shall be deposited with the Director within two weeks after the
completion of the rescue excavations.
Measures to Mitigate Impacts from Barging Point and Works Area at
Lok On Pai
3.11
To mitigate the environmental
impacts arising from the temporary barging point and works area at Lok On Pai,
Tuen Mun, the following conditions shall be applied :
(a)
operation hours, including for loading and
unloading activities, shall be restricted to 9:00 am to 7:00 pm on any day not being a Sunday
or a general holiday;
(b)
the barging point shall only be used for
loading and unloading of precast bridge segments of this Project to and from barges;
(c)
the works area shall only be used for the
temporary storage of the bridge segments of this Project before they are
transported to the construction site(s) of the Project;
(d) stacking
of precast bridge segments up to 3 layers shall only be allowed in the
Working Zone No. 2 as shown in attached Figure
8. Storage of only 1
layer of precast bridge segment shall be allowed in Working Zone Nos. 1, 3
and 4, as shown in attached Figure 8.
Storage of precast bridge segment outside Working Zone shall not be
allowed;
(e) no
handling or dumping of excavated material shall be allowed;
(f)
a maximum of 2 barges, 2 tugboats, 1 straddle carrier, 1 gantry crane, 1 mobile crane, 1 emergency backup generator and 4 trucks shall be
allowed to operate on site;
(g)
the gantry crane shall be
electrically driven. The straddle
carrier and the gantry crane shall not be operated at the same time. Only quiet-type plants
shall be used for all other plants;
(h) the straddle carrier shall only operate in the
Working Zone No. 1, the gantry crane and emergency backup generator shall
only operate in the Working Zone No. 2, and the mobile crane shall only operate
in the Working Zone Nos. 3 and 4, as shown in the attached Figure
8;
(i) the entrance/exit point of the works area shall be located to the south of Tsing Fat Street, as shown in the
attached Figure
8;
(j)
there shall be no site operation or on-site
vehicular traffic in the area shown in red in the attached Figure
8;
(k)
the existing trees on site shall be
kept in good condition during the operation of the works area. In case of any loss of existing trees,
compensation shall be provided in the form of re-planting of species of similar
kind and size; and
(l) the site layout shall be as shown in the attached
Figure 8.
4.
Environmental Monitoring and
Audit Requirements during Construction of the Project
4.1
The EM&A programme shall be implemented as
set out in the DBL EM&A Manual and YLH EM&A Manual. 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 DBL EM&A Manual and YLH
EM&A Manual before submission to the Director for approval.
4.2
Samples and measurements shall be taken in
accordance with the requirements of the DBL EM&A Manual and YLH EM&A
Manual by:
(a)
conducting baseline environmental monitoring on
noise, water and air quality; and
(b)
conducting impact monitoring on noise, water
and air quality.
(c)
carrying out remedial actions described in the Event/Action Plans of the DBL EM&A
Manual and YLH EM&A Manual shall be fully and properly carried out in
accordance with the time frames set out in the Event/Action Plans, or as agreed
by the Director.
(d)
logging and keeping records of 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 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-compliances (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 his request.
5. 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 on either side
of the section of the Project at Ngau Hom Shek as shown in attached Figure
9 caused by traffic incidents. The ERP shall be verified by the IEC as
conforming to the framework and recommendations contained in the SWC EIA
Report. 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 section of the Project at Ngau
Hom Shek, as shown in attached Figure
9, 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 6.2 below.
Maintenance of Noise Barriers
5.3
All the noise barriers as
described in Condition 3.9 shall be properly maintained during operation of the
Project.
Maintenance of Landscape
Measures
5.4
All landscape measures as described in Condition
3.4 shall be properly maintained during operation of the
Project.
Maintenance
of Ecological Mitigation Measures
5.5
All recommended
ecological measures described in Conditions 3.8 and in the approved Habitat
Creation and Management Plan required in Condition 3.3 above shall be properly
implemented and maintained during the operation of the Project.
6.1 The EM&A programme during operation of the
Project shall be implemented as set out in the DBL EM&A Manual and YLH
EM&A Manual. 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 DBL EM&A
Manual and YLH EM&A Manual before submission to the Director for approval.
Monitoring of Surface Runoff from Carriageway
6.2 The quality of surface runoff from the carriageway
at the end section of the Project at Ngau Hom Shek shown in the attached Figure
9 shall be monitored in accordance with the details in Section 4 of the
DBL EM&A Manual during the first year of operation of the Project.
All monitoring results shall be recorded in the EM&A Report.
The Permit Holder shall, within two weeks after each monitoring period
specified in the DBL E&MA Manual, submit to the Director for approval
a report that evaluates the quality of the surface runoff and 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 ermit 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.
6.3
An
operational noise monitoring as described in the DBL
EM&A Manual and YLH 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 shall be deposited with
the Director within one month after completion of the monitoring.
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 hardcopies as
described in Conditions 5.5 and 5.6 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 hardcopies.
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;
(c)
searching by date;
(d)
searching by types of monitoring data (noise, water,
air quality and ecology); and
(e)
hyperlinks to relevant monitoring data after
searching;
or otherwise as agreed by the Director.
Notes :
1.
This Permit consists of three
parts, namely, Part A (Main Permit), Part B (Description of Designated Project) and Part C (Permit Conditions). Any person relying on
this permit should obtain independent legal advice on the legal implications
under the Ordinance, and the following notes are for general information only.
2.
If there is a breach of any
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 Project site by
the amended permit.
4.
A person who assumes 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 of the Project, another environmental permit
must be obtained under the Ordinance before the Project could be continued.
It is an offence under Section 26(1) of the Ordinance to construct a
designated project listed in Part I of Schedule 2 of the Ordinance without a
valid environmental permit.
7.
Any person who constructs 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 Environmental Impact Assessment Ordinance for details and seek independent legal advice.
Environmental Permit No. EP-163/2003/C
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