Environmental Permit No. EP-163/2003/E
環境許可證編號 EP-163/2003/E
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-193/2005. The amendments, described below, are incorporated into this Environmental Permit No. EP-163/2003/E. 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-193/2005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/E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 (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 (9) Application for Variation of an
Environmental Permit No. VEP-173/2005 and attached documents submitted by the
Permit Holder on 22 April 2005 (9)許可證持有人於2005年4月22日提交更改環境許可證申請編號VEP-173/2005和附件 (10) Application for Variation of an
Environmental Permit No. VEP-193/2005 and attached documents submitted by the
Permit Holder on 13 August 2005 (10)許可證持有人於2005年8月13日提交更改環境許可證申請編號VEP-193/2005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 更換圖8b和 重新命名圖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 更改圖8 |
8 December 2004 2004年12月8日 |
|
VEP-173/2005 |
22 April 2005 2005年4月22日 |
Amend Figure
6a and Table 2a. 更改圖6a和表2a Add Figure 10 增加圖10 |
11 May 2005 2005年5月11日 |
|
VEP-193/2005 |
13 August 2005 2005年8月13日 |
September 2005 2005年9月 日 |
September 2005
|
Date 日期 |
|
(
Mr WONG Hon-meng) Principal
Environmental Protection Officer (Strategic Assessment) for
Director of Environmental Protection 環境保護署署長 首席環境保護主任(策略評估)黃漢明代行 |
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 :
|
Title
of Designated Projects 指定工程項目的名稱 |
[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. 工程項目的位置見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 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,
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
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
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 as shown in Table 2a and Figure
6ashould be fully implemented
before the operation of the Project. Noise barriers as shown in Table
2b and Figure 6b should
be fully implemented before the population intake at planned developments
at Lam Tei. Noise barriers as
shown in Table 2c and
Figure 6c should be fully implemented before the population intake
at planned developments at Hung Shui Kiu New Development Area.
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
(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/E
Table
1
Summary of Special Measures for 4 Affected Noise Sensitive Receivers
(NSRs)
|
NSR |
Special
Measures for Affected NSRs |
|
E4 – Lam Tei Gospel School |
Within a distance of 85m from the
school, only one pier should be constructed at any one time. The Permit Holder shall submit a
construction noise mitigation proposal to reduce the noise levels by either
limiting the number of operating piling machine or keeping the overall noise
level at the school to within 70 dB. Alternative approach could be
acceptable with justification. Liaison
with the school should be carried out to avoid noisy construction activities
during examination period and to arrange piling work within 60m from the
school to be done during school holidays. |
|
E8 – Fuk Hang Tsuen village |
Within a distance of 55m from NSR E8,
only one pier should be constructed at any one time. The Permit Holder shall submit a
construction noise mitigation proposal to reduce the noise levels by either
limiting the number of operating piling machine or keeping the overall noise
level to within 75 dB (A). Alternative
approach could be acceptable with justification. |
|
E12 Rural/village houses near Tsoi
Yuen Tsuen |
Within a distance of 48m from NSR
E12, only one pier should be constructed at any one time. The Permit Holder shall submit a
construction noise mitigation proposal to reduce the noise levels by either
limiting the number of operating piling machine or keeping the overall noise
level to within 75 dB(A). Alternative
approach could be acceptable with justification. |
|
E13 – Tsoi Yuen Tsuen |
Within a distance of 47m from NSR E13,
only one pier should be constructed at any one time. The Permit Holder shall submit a
construction noise mitigation proposal to reduce the noise levels by either
limiting the number of operating piling machine or keeping the overall noise
level to within 75 dB(A). Alternative
approach could be acceptable with justification. |
|
Table 2a Noise Mitigation Measures to be Implemented Before the Operation of the Project |
||||
|
Mitigation Measure |
Location |
Type |
Approx. Length |
Chainage No. |
|
Section of DBL mainline Southbound (SB) |
5m vertical barrier |
342m |
2+500~2+850 |
|
|
Barrier DBL1M2 |
Section of DBL mainline (SB) |
3m vertical barrier |
419m |
2+850~3+300 |
|
Barrier DBL4M1 |
Section of DBL mainline (NB) near HSK Interchange |
3m vertical barrier |
629m |
4+000~4+600 |
|
Barrier DBL5M1 |
Central divider at section of DBL
mainline from HSK Interchange to Ramp K |
5m vertical barrier |
108m |
4~000+4~100 |
|
Cantilever Barrier DBL6M1 |
Section of DBL mainline (SB) near HSK Interchange |
5.5m+2.2m cantilever barrier |
93m |
4+000~4+100 |
|
Barrier DBL6M2 |
Section of DBL mainline (SB) near HSK
Interchange |
3m vertical barrier |
199m |
4+400~4+600 |
|
Barrier DBL7 |
Mainline of DBL (SB) connecting to Ramp K |
3m vertical barrier |
429m |
4+600~5+000 |
|
Cantilever Barrier DBL8M1 |
Ramp B of Lam Tei Interchange connecting DBL mainline (NB) |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
278m |
4+766~1+377 |
|
Barrier DBL12 |
Mainline of DBL (NB) in the section at
Lam Tei Interchange |
3m vertical barrier |
90m |
4+634~4+767 |
|
Barrier DBL13M1 |
Mainline of DBL (SB) in the section
connecting Ramp H of Lam Tei Interchange |
3m vertical barrier |
90m |
5+000~5+100 |
|
Barrier LT1M1 |
Ramp C of Lam Tei Interchange |
4m vertical barrier |
472m |
0+300~0+815 |
|
Cantilever Barrier LT4 |
Ramp A of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
366m |
0+250~0+085 |
|
Barrier LT5M2 |
Ramp A of Lam Tei Interchange |
5m vertical barrier |
150m |
0+200~0+400 |
|
Barrier LT8 |
Ramp H of Lam Tei Interchange |
3m vertical barrier |
200m |
0+492~0+679 |
|
Cantilever Barrier LT11 |
Ramp D of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.5m extension) |
154m |
0+250~0+100 |
|
Barrier LT12M1 |
Ramp B of Lam Tei Interchange |
3m vertical barrier |
181m |
0+800~1+000 |
|
Barrier YLH1 |
Ramp C of Lam Tei Interchange |
5m vertical barrier |
388m |
0+815~1+200 |
|
Barrier YLH2BM1 |
Yuen Long Highway (EB) – north of Lam
Tei Interchange |
5m vertical barrier |
283m |
1+200~1+483 |
|
Barrier YLH4M1 |
Yuen Long Highway (WB) – north of Lam
Tei Interchange |
6m vertical barrier |
55m |
3+350~3+400 |
|
Cantilever Barrier YLH5 |
Yuen Long Highway (WB) – north of Lam
Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.5m extension) |
250m |
0+100~3+350 |
|
Barrier YLH6 |
Yuen Long Highway (WB) – north of Lam
Tei Interchange |
3m vertical barrier |
37m |
2+800~2+850 |
|
Barrier YLH7 |
Yuen Long Highway (WB) – north of Lam
Tei Interchange |
4m vertical barrier |
57m |
2+750~2+800 |
|
Barrier YLH8 |
Yuen
Long Highway (WB) – section near Lam Tei Interchange |
6m vertical barrier |
552m |
2+150~2+700 |
|
Cantilever Barrier YLH9 |
Yuen Long Highway (WB) – south of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.5m extension) |
404m |
0+245~0+679 |
|
Barrier YLH10 |
Yuen Long Highway (WB) – south of Lam Tei Interchange |
6m vertical barrier |
50m |
0+200~0+245 |
|
Barrier YLH11 |
Yuen Long Highway (EB) – south of Lam Tei Interchange |
5m vertical barrier (low noise surfacing on the slip road from Castle Peak Road and Bridge 2 between Tuen Mun Road & Yuen Long Highway as shown in Figure 10) |
160m |
0+108~0+245 |
|
Barrier YLH12 |
Yuen Long Highway (EB) – south of Lam Tei Interchange |
5m vertical barrier |
272m |
1+424~1+700 |
|
Cantilever Barrier YLH13 |
Yuen Long Highway (EB) – south of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.5m extension) |
245m |
1+700~0+0805 |
|
Barrier YLH15 |
Central divider of Yuen Long Highway – south of Lam Tei Interchange |
5m vertical barrier |
448m |
1+350~1+800 |
|
Barrier YLH16 |
Yuen Long Highway (WB) – north of Lam Tei Interchange |
5m vertical barrier |
37m |
2+700~2+750 |
|
Barrier YLH17 |
Yuen Long Highway (WB) – south of Lam Tei Interchange |
4m vertical barrier |
201m |
0+922~1+147 |
|
Barrier YLH18 |
Slip road of Yuen Long Highway (WB) – south of Lam Tei Interchange |
4m vertical barrier |
107m |
0+096~0+200 |
|
Cantilever Barrier YLH19 |
Slip road of Yuen Long Highway (EB) – south of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.5m extension) |
94m |
0+014~0+108 |
|
Barrier YLH20 |
Yuen Long Highway (EB) – south of Lam Tei Interchange |
5m vertical barrier |
92m |
1+200~1+294 |
|
Barrier YLH21 |
Yuen Long Highway (WB) – south of Lam Tei Interchange |
5m vertical barrier |
85m |
1+200~1+300 |
|
Table 2b Noise Mitigation Measures to be Implemented Before the Population Intake at the Planned Developments at Lam Tei |
|||||
|
Mitigation
Measure |
Location |
Type |
Approx. Length |
Chainage No. |
Remarks |
|
Cantilever Barrier DBL8 |
Ramp B of Lam Tei Interchange connecting DBL mainline (NB) |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
519m |
4+766~1+168 |
To protect F1A planned development area |
|
Cantilever Barrier DBL11M1 |
Mainline of DBL (central divider) in the
north of Ramp D of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.2m extension) |
365m |
4+766~5+100 |
To protect F1A planned development area |
|
Cantilever Barrier LT10 |
Ramp G of Lam Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.2m extension) |
250m |
0+150~0+400 |
To
protect F1B planned development area |
|
Barrier YLH14 |
Ramp
connecting to Yuen Long Highway (EB) – south of Lam Tei Interchange |
6m vertical barrier |
82m |
0+080~0+162 |
|
|
Mitigation Measure |
Location |
Type |
Approx. Length |
Chainage No. |
|
|
Cantilever Barrier DBL1 |
Section of DBL mainline (SB) |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
627m |
2+500~3+100 |
|
|
Cantilever Barrier DBL2 |
Central divider at section of DBL
mainline near HSK Interchange |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
628m |
2+500~3+100 |
It is required for protecting the future HSKNDA F6 and F7 planned development areas. |
|
Barrier DBL5 |
Central divider at section of DBL
mainline from HSK Interchange to Ramp K |
5m vertical barrier |
906m |
3+850~4+766 |
It is required for protecting the future HSKNDA F2 and F3 planned development areas. |
|
Cantilever Barrier DBL6 |
Section of DBL mainline (SB) near HSK Interchange |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
614m |
4+000~4+600 |
It is required for protecting the future HSKNDA F2 and F3 planned development areas. |
|
Semi-enclosure DBL14 |
North to HSK Interchange |
Semi-enclosure with enclosed side facing HSKNDA |
200m |
3+100~3+300 |
It is required for protecting the future HSKNDA F4, F5 and F6 planned development areas. |
|
Cantilever Barrier DBL15 |
Mainline of DBL (SB) connecting to HSK Interchange |
Cantilever barrier (5.5m vertical plus 2.2m extension) |
506m |
3+300~3+850 |
It is required for protecting the future HSKNDA F3, F4, F5 and F6. |
|
Cantilever Barrier DBL16 |
Central divider of DBL Mainline near HSK Interchange |
Cantilever barrier (5.5m vertical plus
2.2m extension) |
506m |
3+300~3+850 |
It is required for protecting the future HSKNDA F3, F4, F5 and F6 planned development areas. |
|
Barrier YLH2B |
Yuen Long Highway (EB) – north of Lam
Tei Interchange |
Cantilever barrier (5.5m vertical plus
2.5m extension) |
283m |
1+200~1+483 |
It is required for protecting the future HSKNDA F9 planned development areas. |
|
Barrier YLH4-2M1 |
6m vertical barrier |
138m |
3+149~3~294 |
The barrier is required to protect the residential site of the future HSKNDA F9 planned developments. |
|
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