1 INTRODUCTION

1.1 Background Information

1.1.1.1 According to the findings of the Northwest New Territories (NWNT) Traffic and Infrastructure Review conducted by the Transport Department, Tuen Mun Road, Ting Kau Bridge, Lantau Link and North Lantau Highway (NLH) will be operating beyond capacity after 2016 due to the increase in cross boundary traffic, developments in the NWNT, and possible developments in North Lantau, including the Airport developments, the Lantau Logistics Park (LLP) and the Hong Kong – Zhuhai – Macao Bridge (HZMB). In order to cope with the anticipated traffic demand, two new connections between NWNT and North Lantau – Tuen Mun – Chek Lap Kok Link (TM-CLKL) and Tuen Mun Western Bypass (TMWB) are proposed.

1.1.1.2 The proposed TM-CLKL if combined with the TMWB will provide a direct route linking NWNT and North Lantau, from north to south, the Kong Sham Western Highway (KSWH), port back-up areas in NWNT, Tuen Mun River Trade Terminal, the existing EcoPark in Tuen Mun Area 38, the Airport, the proposed LLP, HZMB and North Lantau developments. The new connection will significantly reduce the travelling time between the KSWH and the NWNT region at its northern side, and North Lantau at its southern side.

1.1.1.3 In 2005, Highways Department (HyD) commissioned an engineering feasibility study (FS), namely Tuen Mun Chek Lap Kok Link and Tuen Mun Western Bypass – Feasibility Study (Agreement No. CE 28/2005 (HY)), to evaluate the technical feasibility and impacts of the Project. The FS recommended that the TM-CLKL should be a dual 2-lane road with a total length of about 9 km with about 4 km long submarine tunnel and 5 km long elevated structure.

1.1.1.4 In order to progress this project, Maunsell Consultants Asia Ltd. were appointed by HyD to carry out the Assignment on Tuen Mun – Chek Lap Kok Link - Investigation under Agreement No. CE 52/2007 (HY). The Assignment commenced on 19 May 2008 and shall be completed within 24 months, i.e. by mid-May 2010.

1.1.1.5 The Feasibility Study initially proposed an alignment of the TM-CLKL comprising a toll plaza island at Tai Mo To and this alignment formed the basis of the EIA Study Brief (ESB 175/2007). However, subsequent to these documents being prepared and based upon the proposed schemes for the Hong Kong-Zhuhai-Macao Bridge (HZMB) and Hong Kong Boundary Crossing Facilities (HKBCF), it was decided to integrate the TM-CLKL southern landfall reclamation with the HKBCF reclamation. It was considered that this arrangement would also provide a cost-effective connection between the HKBCF and North Lantau. Following a full option assessment, the preferred scheme was selected, as detailed in Section 2 of this EM&A Manual.

1.1.1.6 The project is a designated project under Section A.1 of Schedule 2 of the Environmental Impact Assessment Ordinance (EIAO). As such, the statutory procedures under the EIAO need to be followed and an environmental permit (EP) will be required prior to the commencement of construction. Thus, as part of this assignment, an Environmental Impact Assessment (EIA) has been undertaken.

1.1.1.7 The EIA for the project has recommended comprehensive Environmental Monitoring and Audit requirements to be undertaken during the design, construction and operational stages of the project. This Report constitutes the Environmental Monitoring and Audit (EM&A) Manual for the proposed Tuen Mun - Chek Lap Kok Link (TM-CLKL) Project, providing details of the EM&A recommendations.

1.1.1.8 The Hong Kong SAR Government’s applicable environmental regulations for noise, air quality, ecology, water quality, landscape and visual resources and waste management and heritage protection, the Hong Kong Planning Standards and Guidelines and recommendations in the TM-CLKL EIA Report have served as guidance documents in the preparation of this Manual. This EM&A Manual fulfills the requirements of the Study Agreement and follows the approach recommended in EPD’s Generic EM&A Manual, Annex 21 of the Technical Memorandum on the EIA Process and EM&A Guidelines for Development Projects in Hong Kong.

1.2 Policy

1.2.1.1 The Engineer’s Representative (ER) and the Contractor shall adopt Environmental Policy Statements in accordance with the requirements of this Manual in order to foster a sound EM&A programme to protect the environment. The following policy statements shall be adopted:

· establish a commitment to environmental excellence in all activities arising from the development project;

· encourage the adoption of environmental management principles to prevent potential impacts and minimise adverse impacts; and

· commit to the recommendations in the EIA study report and related EIA process requirements.

1.3 EM&A Programme Objectives

1.3.1.1 The broad objective of this EM&A Manual is to define the procedures of the EM&A programme for monitoring the environmental performance of the TM-CLKL project during design, construction and implementation.

1.3.1.2 The manual provides details of the environmental monitoring requirements arising from the EIA including air, noise and water quality, as well as audit recommendations for the noise, air, water quality, ecology, landscape and visual, waste and cultural heritage. The purposes of the defined EM&A programme are as follows:

· to ensure the specified mitigation recommendations of the EIA are included in the design of the project;

· to clarify and identify sources of pollution, impact and nuisance arising from the works;

· to confirm compliance with legal, contract specifications and EIA study recommendations;

· to provide an early warning system for impact prevention;

· to provide a database of environmental parameters against which to determine any short term or long term environmental impacts;

· to propose timely, cost-effective and viable solutions to actual or potential environmental issues;

· to monitor performance of the mitigation measures and to assess their effectiveness and, whenever necessary, identify any further need for additional measures;

· to verify the EIA predicted impacts;

· to collate information and evidence for use in public, District Council and Government consultation; and

· to audit environmental performance.

1.3.1.3 EM&A procedures are required during the design, construction and operational phases of the project implementation and a summary of the requirements for each of the environmental parameters is detailed in Table 1.1 below.

Table 1.1 Summary of EM&A Requirements

Parameter	EM&A Phase
Parameter	Design	Construction Phase	Operational Phase
Air Quality		U
Noise		U
Ecology	U	U	U
Water Quality		U	Y
Landscape and Visual	U	U	U
Waste/Contaminated Land		U
Cultural Heritage	Y	U

1.4 Scope of the EM&A Programme

1.4.1.1 The scope of the EM&A programme is to undertake the following:

a) Implement monitoring and audit activities for each environmental parameter as follows:

Dust: i) Establish baseline dust levels at specified locations and review these levels on a regular basis.

ii) Implement construction dust impact monitoring programme.

Noise: i) Establish baseline noise, levels at specified locations and review these levels on a regular basis.

ii) Implement construction noise impact monitoring programme.

Ecology: i) Implement design phase audit for ecological dolphin protection specifications, ecological translocation specifications and design integrated ecological mitigation measures.

ii) Implement baseline survey to establish existing ecological conditions.

iii) Implement construction phase monitoring and audit requirements for ecology resources.

iv) Implement operational phase monitoring.

Water Quality: i) Establish baseline water quality levels at specified locations and review these levels on a regular basis.

ii) Implement construction water quality impact monitoring programme.

iii) Implement operational phase water quality impact monitoring programme.

iv) Implement silt curtain efficiency test.

Landscape i) Design detailed landscape specifications.

and Visual ii) Implement baseline survey to establish/confirm

existing landscape and visual conditions.

iii) Implement construction phase audit requirements for landscape and visual resources.

iv) Implement operational phase audit requirements for landscape and visual aspects.

Waste i) Implement construction phase audit requirements for waste aspects.

Heritage i) Implement design phase audit for toll plaza design to ensure set back from grave as been integrated.

ii) Implement walkover survey to confirm existing conditions.

iii) Implement construction phase audit requirements for historical resources.

b) Liaison and provision of advice to construction site staff on the purposes and implementation of the EM&A programme.

c) Identify and resolve environmental issues that may arise from the project.

d) Check and quantify the Contractor’s overall performance, implement Event/Action Plans and recommend and implement remedial actions to mitigate adverse environmental effects as identified by the EM&A programme and EIA.

e) Conduct monthly reviews of monitored impact data during the construction phase and bi-monthly reviews during the operational phase as the basis for assessing compliance with defined criteria and ensuring that necessary mitigation measures are identified, designed and implemented and to undertake additional ad hoc monitoring and audit as required by particular circumstances.

f) Evaluate and interpret all environmental monitoring data to provide an early indication should any of the environmental control measures or practices fail to achieve the acceptable standards and to verify the environmental impacts predicted in the EIA.

g) Manage and liaise with other individuals or parties concerning any relevant environmental issues.

h) Audit the effectiveness of the Environmental Management System (EMS) practices and procedures and implement any changes as appropriate.

i) Conduct regular site audits of formal or informal nature to assess:

- the level of the Contractor’s general environmental awareness;

- the Contractor’s implementation of the recommendations in the EIA;

- the Contractor’s performance as measured by the EM&A;

- the need for specific mitigation measures to be implemented or the continued usage of those previously agreed; and

- to advise the site staff of any identified potential environmental issues.

j) Submit EM&A reports which summarise project monitoring and auditing data, with full interpretation, illustrating the acceptability or otherwise of any environmental impacts and identification or assessment of the implementation status of agreed mitigation measures.

1.4.1.2 Thus, this EM&A Manual provides the following information:

a) Description of the project.

b) Identification and recommendations for monitoring requirements for all phases of development, including:

· identification of sensitive receivers;

· monitoring locations;

· monitoring parameters and frequencies;

· monitoring equipment to be used;

· programmes for baseline monitoring and impact monitoring; and

· data management of monitoring results.

c) The organisation management structure, and procedures for auditing of the Project and implementation of mitigation measures that are recommended for the Project.

d) The environmental quality performance limits for compliance auditing for each of the recommended monitoring parameters to ensure compliance with relevant environmental quality objectives, statutory or planning standards.

e) Organisation and management structure, and procedures for reviewing the design submissions, monitoring results and auditing the compliance of the monitoring data with the environmental quality performance limits, contractual and regulatory requirements, and environmental policies and standards.

f) Event and Action plans for impact and compliance procedures.

g) Complaints handling, liaison and consultation procedures.

h) Interim notification of exceedances, reporting procedures, report formats and reporting frequency including periodical quarterly summary reports and annual reviews to cover all construction, post-Project and operational phases of the development.

i) Implementation schedules, summarising all recommended mitigation measures.

1.4.1.3 This Manual is considered to be a working document and should be reviewed periodically and revised once substantial changes have been made.

1.5 Project Organisation

1.5.1.1 For the purpose of this EM&A Manual, the Highways Department of the Hong Kong SAR Government is referred to as the “Employer” and the Project “Engineer” defined as the Engineer’s Representative (ER), who will be responsible for the supervision of the construction of the Project.

1.5.1.2 The mitigation/enhancement measures recommended by the TM-CLKL EIA that will require a design audit or preparation of specifications during the detailed design phase of the project will include:

· bored piling monitoring programme;

· pre, during and post construction dolphin monitoring;

· 250m dolphin exclusion zone for use during dredging, reclamation, sheet and bored piling works;

· acoustic decoupling methods for use during reclamation and dredging works;

· marine vessel control specifications;

· deployment of an artificial reef;

· installation of hoarding for the protection of the pitcher plants and surrounding habitat;

· coral translocation;

· design of toll plaza for grave G1 set back and protection; and

· landscape design drawings.

1.5.1.3 In respect of the design phase EM&A, the Consultant commissioned to undertake the Detailed Design contract will be required to designate an auditor(s) to undertake the preparation of the design specifications as detailed above, in addition to an environmental audit of the design of the specified landscape measures in order to ensure that the recommendations of the EIA have been fully and properly specified. The Consultant shall use suitably qualified staff to undertake the audit requirements to the satisfaction of the EPD and the AFCD as appropriate. A flow chart of the design phase EM&A procedures is shown in Figure 1.1.

1.5.1.4 During the construction and operational phases of the project, an Environmental Team (ET) is to be employed by the Contractor. The ET will be headed by an Environmental Team Leader (ETL). He shall ensure the Contractor’s compliance with the project’s environmental performance requirements during construction and undertake the post construction EM&A works and his responsibilities will include field measurements, sampling, analysis of monitoring results, reporting and auditing. The ETL shall be approved by the ER and the Director of Environmental Protection (DEP) and shall be competent and shall have at least 7 years relevant environmental monitoring and audit experience on projects of a similar scale and nature.

1.5.1.5 The ET will comprise suitably qualified support staff to carrying out the EM&A programme. The ET shall be independent and shall not be in any way connected to the Contractor’s company. Due to the specialist nature of some of the EM&A works required for this project, the ET should comprise professionals proficient to undertake the tasks involved. Thus, the ET should include personnel experienced in noise, dust and water quality monitoring and mitigation, supervision of waste management, compensatory tree planting, coral relocation and dolphin monitoring and supervision.

1.5.1.6 Accordingly, a qualified dolphin specialist(s), together with a suitably experienced team of dolphin spotters, and a coral specialist, to the satisfaction of AFCD, will be required as part of the ET to undertake the dolphin abundance monitoring, implement the dolphin exclusion zones and undertake the coral relocation process. In addition, a Registered Landscape Architect, as defined by the Landscape Architect’s Registration Board, will be required on the ET to monitor and audit the landscaping installation works and assist in the audit of the ecological transplantation and restoration works.

1.5.1.7 The overall duties of ETL and the team are as follows:

· Sampling, analysis and statistical evaluation of monitoring parameters with reference to the EIA study recommendations and requirements in respect of noise, dust and water quality.

· Environmental site surveillance.

· Audit of compliance with environmental protection and pollution prevention and control regulations.

· Monitor the implementation of environmental mitigation measures.

· Monitor compliance with the environmental protection clauses/specifications in the Contract.

· Review construction programme and comment as necessary.

· Review construction methodology and comment as necessary.

· Complaint investigation, evaluation and identification of corrective measures.

· Audit of the EMS and recommend and implement any changes as appropriate.

· Liaison with the Independent Environmental Checker IEC) on all environmental performance matters.

· Advice to the Contractor on environmental improvement, awareness, enhancement matter, etc., on site.

· Timely submission of the designated EM&A reports to the ER, the IEC, the DEP, the AFCD and the AMO as appropriate.

1.5.1.8 In addition to the ETL and ET, an Independent Environmental Checker (IEC) shall be employed to advise the ER on environmental issues related to the project. The role of the IEC shall be independent from the management of construction works, but the IEC shall be empowered to audit the environmental performance of the construction activities and operational mitigation. The IEC shall have project management experience in addition to the requirements of the ET specified above and the appointment of the IEC will be subject to the approval of the ER and the DEP. The IEC may require specialist support staff in order to properly carry out his duties, which shall include the following:

· Review and audit all aspects of the EM&A programme.

· Validate and confirm the accuracy of monitoring results, monitoring equipment, monitoring locations, monitoring procedures and locations of sensitive receivers.

· Carry out random sample check and audit on monitoring data and sampling procedures, etc.

· Conduct random site inspection.

· Audit the EIA recommendations and requirements against the status of implementation of environmental protection measures on site.

· Review the effectiveness of environmental mitigation measures and project environmental performance.

· Audit the Contractor’s construction methodology and agree the least impact alternative in consultation with the ET and the Contractor.

· Check complaint cases and the effectiveness of corrective measures.

· Review EM&A report submitted by the ET.

· Feedback audit results to ET by signing off relevant EM&A proformas.

1.5.1.9 An organisation chart showing the lines of communication between the key parties with respect to the EM&A works is provided on Figure 1.2. Both the ET and IEC shall be retained for the duration of the EM&A works which will span both the construction phase and one year into the operational phase of the project. The operational EM&A works will be the responsibility of the Contractor and will be undertaken in parallel to the maintenance period after the completion of construction.

1.5.1.10 Notwithstanding the above, given that the TM-CLKL, HKBCF and HKLR will be constructed concurrently, an Environmental Protection Office (ENPO) or equivalent to oversee the cumulative construction projects in North Lantau area will be established by the Project Proponent. The responsibility of the ENPO would be similar to that of the IEC but should also include:

· coordination of the monitoring and auditing works for all the on-going projects in the area in order to identify possible sources/causes of exceedances and recommend suitable remedial actions where appropriate;

· identify and assess cumulative impacts including possible sources/causes of exceedance and recommending suitable remedial actions;

· undertake liaison with the mainland project teams counterparts to identify and assess any cross-boundary cumulative impacts; and

· coordinate the assessment and response to complaints/enquires from locals, green groups, district councils or the public at large.

1.5.1.11 The exact responsibilities and organisation of the ENPO will be defined during the detailed design stage.

1.6 Terminology

1.6.1.1 To clarify the terminology for impact monitoring and audit, key definitions are specified below and are used throughout this Manual.

1.6.1.2 Monitoring refers to the systematic collection of data through a series of repetitive measurements. The stages of monitoring are defined in this document as follows:

a) Baseline Monitoring refers to the measurement of parameters, such as noise and air quality impact parameters, during a representative pre-project period for the purpose of determining the nature and ranges of natural variation and to establish, where appropriate, the nature of change.

b) Impact Monitoring involves the measurement of environmental impact parameters, such as noise and air quality, during Project construction and implementation so as to detect changes in these parameters which can be attributed to the Project.

1.6.1.3 Audit is a term that infers the verification of a practice and certification of data. The types of audit are defined below:

a) Compliance audit is defined as follows:

· the process of verification that all or selected parameters measured by a noise or air quality impact monitoring programme or levels of an operation are in compliance with regulatory requirements and internal policies and standards; and

· the determination of the degree and scope of any necessary remediation in the event of exceedance of compliance.

b) Post Project Audit is carried out after the implementation and commissioning of a Project.

1.6.1.4 For the purpose of noise, air and water quality impact monitoring and audit, the Action and Limit Levels are defined as follows:

a) The Action Level is the level defined in which there is an indication of a deteriorating ambient level for which a typical response could be an increase in the monitoring frequency.

b) The Limit Level is the level beyond the appropriate remedial pollution control ordinances, noise and air quality impact objectives or Hong Kong Planning Standards and Guidelines established by the EPD for a particular project, such that the works should not proceed without appropriate remedial action, including a critical review of plant and work methods.