ESB0061998

Environmental Impact Assessment Ordinance (Cap. 499) Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-006/1998

Project Title : Yuen Long, Kam Tin, Ngau Tam Mei and Tin Shui Wai
Drainage Improvement, Stage 1
The Name of Applicant : Land Drainage Division, Drainage Services Department

1. BACKGROUND

1.1 An application (No. ESB-006/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 27th July 1998 with a project profile (No. PP-008/1998) on the captioned project.

1.2 The proposed work is a designated project under the EIAO by virtue of Section I.1 of Schedule 2 Part I under the Ordinance. The project profile covers one designated project which is the construction and operation of 800m of drainage channel in the vicinity of Ho Pui and Ma On Kong.

1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the captioned Applicant to carry out an EIA study.

1.4 The purpose of this EIA Study is to provide information on the nature and extent of environmental impacts arising from the construction, operation of the proposed designated project and all related activities taking place concurrently. This information will contribute to decisions by the Director on :

the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed designated project;
the conditions and requirements for the detailed design, construction, operation, of the proposed designated project; and
the acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 The Objectives of the EIA Study are as follows:

to describe the proposed designated project and associated works together with the requirements for carrying out the proposed designated project;
to identify and describe the elements of the community and environment likely to be affected by the proposed designated project, and/or likely to cause adverse impacts upon the proposed designated project, including both the natural and man-made environment;
to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
to identify and quantify any potential losses or damage to flora, fauna and wildlife habitats;
to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;
to identify any potential impacts to the historical, archaeological and cultural resources within the study area and propose measures to mitigate these impacts;
to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction, operation of the proposed designated project;
to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and cumulative effects expected to arise during the construction, operational phases of the proposed designated project in relation to the sensitive receivers and potential affected uses;
to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction, operation of the proposed designated project which are necessary to mitigate these impacts and reduce them to acceptable levels;
to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
to identify constraints associated with the mitigation measures recommended in the study; and
to design and specify the environmental monitoring and audit requirements necessary to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM), are fully complied with.

The Scope

3.2 The scope of this EIA study covers the proposed designated project mentioned in section 1.2 above, including the construction and operation of 800m of drainage channel in the vicinity of Ho Pui and Ma On Kong.

Study Area

3.3 When preparing the EIA report in accordance with the technical requirements below, the applicant shall fully assess and propose mitigation of all adverse impacts to the affected part of the Ho Pui Egretry, irrespective of whether they are caused by the parts of the designated project within or without the egretry limit.

3.4 For noise impact and water impact assessment, the study area shall be defined by a distance of 300m from the proposed channel alignment. For noise impact assessment, the study area can be reduced accordingly if the first layer of the noise sensitive receivers (NSRs), closer than 300m from the road, provide acoustic shielding to those receivers at further distance behind subject to the agreement with the Director. However, all sensitive receivers regarding the visual impact assessment shall be assessed within the visual envelope outlining the area of land which there is a view of any part of the proposed channel, or its structure.

Technical Requirements

3.5 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. They are to include the following technical requirements as specific impacts :

3.6 Noise Impact Study

3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact stated in Annexes 5 and 13 of the TM respectively.

Provision of Background Information
The Applicant shall provide all background information relevant to the designated project, e.g. relevant previous or current studies.
Identification of Noise Sensitive Receivers
1. The Applicant shall select assessment points to present all identified NSRs including the village houses in Tai Kek, Ma On Kong and Ho Pui for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as a name of building, use and floors of each and every selected assessment point shall be given.
2. The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans & Layout Plans.
Provision of an Emission Inventory of the Noise Sources
The Applicant shall provide an inventory of noise sources from construction including powered mechanical equipment and vehicle movement on haul roads. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
Construction Noise Assessment
1. The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the designated project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays.
2. To minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed.
3. The Applicant shall propose practicable direct mitigation measures (including but not limited to movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimise the impact. If the mitigated noise levels are still exceeding the relevant criteria, the duration of the noise exceedance shall be given.

3.7 Water Quality Impact

3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM respectively. The Applicant shall identify all physical, chemical and biological disruptions of fresh water and catchment areas arising during the construction and operation of the designated project unless otherwise specified. The assessment shall include (1) the construction phase impacts on water quality at the site; and (2) the operational phase impacts on water quality at downstream of the site due to the natural process of siltation, flows and water velocity, and re-suspensions of sediments, and the environmental impacts of maintenance dredging along the improved channel. Essentially the assessment shall address the following:

collection and review of background information on the existing water system(s) and physical characteristics such as soil types and erodibility of the respective catchment(s) in particular for areas which might be affected by the proposed designated project during construction works;
characterisation of water quality on the surrounding water systems and sensitive receivers which might be potentially affected by the proposed designated project both during construction and operation;
identification and quantification of all dredging, filling extraction, filling, reclamation, mud/sediment transportation and disposal activities and requirements. Potential fill source and dumping ground to be involved shall be identified. Field investigation, sampling and laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The ranges of parameters to be analysed; the number, type and methods of sampling; sample preservation; laboratory tests; and the laboratory to be used shall be subject to the agreement of EPD.
identification and evaluation of the best practicable dredging and reclamation methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not be disturbed as far as possible.
prediction and quantification of impacts on the water system(s) and sensitive receivers due to changes identified in (iii) above. Possible impacts in particular during construction include changes in sediment erosion (both overland and in-stream) and deposition and the effects on the aquatic organism due to such changes. The prediction shall take into account and include possible different construction stages or sequences. Cumulative impacts due to other projects, activities or pollution sources within a boundary of 300 m from both sides along the identified water system(s) and sensitive receivers, shall be predicted and quantified;
establishment of the project specific water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers;
assessment and evaluation of any potential water quality impacts on the identified water system(s) and sensitive receivers due to sewerage arising from on-site construction workforce. Any effluent generated will require appropriate treatment and disposal;
identification, assessment and evaluation of any potential stormwater impacts on the identified water system(s) and sensitive receivers during construction stages as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in item (vi) above. Best management practices shall be recommended to reduce any potential impacts arising from stormwater runoff during both construction and operational phases;
preparation of an erosion control plan during construction as per assessments carried out as described in item (v) above. This erosion control plan shall incorporate details such as locations, sizes and types of best management practices, which will be used to reduce stormwater pollution arising during construction works.

3.8 Waste Management Impact

3.8.1 The Applicant shall assess the waste management implications arising from the construction of the designated project in accordance with Annex 7 and 15 of the TM. The assessment of waste management impacts shall cover the following:

Analysis of Activities and Waste Generation
Identify the quantity, type, quality and timing of the waste arising as a result of the construction, based on the sequence and duration of these activities.
Proposal for Waste Management
1. Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.
2. Apart from taking into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to dispose of as a consequence shall be estimated and the disposal options for each type of waste described in details. The disposal method recommended for each type of wastes shall take into account the result of the assessment in section (c) below. All solid waste, wastewater and sludge, both during construction and operational phases, shall be conveyed by suitable means to be disposed properly outside the water gathering grounds.
3. the impact caused by handling (including labelling, packaging and storage), collection, and disposal of wastes shall be addressed in details. This assessment shall cover the following areas:
  - potential hazards;
  - air and odour emission;
  - noise;
  - wastewater discharge; and
  - public transport.

3.9 Ecological Impact (Both Aquatic And Terrestrial)

3.9.1 The Applicant shall examine the flora, fauna and other components of the ecological habitats within the project areas and other areas likely to be affected by the designated project with an aim to protect, maintain or rehabilitate the natural environment. In particular, the proposed designated project shall avoid impacts on recognised sites of conservation importance and other ecological sensitive areas (e.g. Ho Pui Egretry). The assessment shall identify and quantify the potential ecological impacts associated with the construction of the designated project. The study shall evaluate the environmental acceptability of the designated project. The relevant guidelines and requirements laid down in Annexes 8 and 16 of the TM shall be followed.

3.9.2 The Applicant shall carry out the following tasks in the assessment :

review of the findings of relevant studies and collation of all the available information regarding the ecological characters of the study area;
evaluation of the information collected and identification of any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;
carrying out necessary field surveys (the duration shall at least be 4 months and cover the wet season) and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA Study;
establishment of the general ecological profile of the study area and description of the characteristics of each habitat found; major information to be provided shall include:
1. description of the physical environment;
2. habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats in the study area;
3. ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, inter-dependence of the habitats and species, and presence of any features of ecological importance;
4. representative colour photos of each habitat type and any important ecological features identified, and
5. species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or red data books.
investigation and description of the existing wildlife uses of various habitats with special attention to those wildlife groups and habitats with conservation interests; including:
1. stream courses and associated riparian vegetation;
2. birds, in particular egrets and herons of the Ho Pui Egrety (survey on the Egretry shall cover the breeding season of egrets and herons from April to August);
3. amphibians and reptiles;
4. mammals;
5. macro-invertebrate such as dragonflies and butterflies; and
6. any other habitats and wildlife groups identified as having special conservation interest by the Study.
description of all recognized sites of conservation importance in the proposed development site and its vicinity and assessing whether these sites will be affected by the proposed designated project or not;
using suitable methodology, identify and quantify as far as possible of any direct, indirect, on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity and habitat fragmentation and in particular any adverse impacts to the Ho Pui Egretry;
evaluation of the significance and acceptability of the ecological impacts identified using well-defined criteria;
recommendation of all possible alternatives (such as modifications of layout and design) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified;
evaluation of the feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;
determination and quantification as far as possible of the residual ecological impacts after implementation of the proposed mitigation measures;
evaluation of the severity and acceptability of the residual ecological impacts using well-defined criteria. If off-site mitigation measures are considered necessary to mitigate the residual impacts, the guidelines and requirements laid down in the PELB Technical Circular No. 1/97 shall be followed; and
reviewing the need for and recommendation of any ecological monitoring programme required.

3.10 Landscape And Visual Impact

3.10.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing Landscape and visual impact as stated in Annexes 10 and 18 of the Technical Memorandum, respectively. Both the impacts during construction and operation phases shall be assessed. Landscape and visual impact assessment shall cover the following:

a baseline study to provide a comprehensive and accurate description of the baseline landscape and visual character;
a review of the relevant planning and development control framework;
impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and
recommendations on mitigation measures and implementation programme.

3.10.2 Assessment of Landscape Impacts

The Applicant shall appraise and analyse the existing landscape resource and character of the study area. It shall focus particularly on the sensitivity of the landscape framework such as woodland, conservation area etc and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed designated project with the existing landscape. The landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the designated project.

3.10.3 Assessment of Visual Impacts

The Applicant shall assess the visual impacts of the proposed designated project. The assessment shall include the following:

identification and plotting of visibility contours and visual envelope of the proposed designated project. The study area visual impact assessment shall be defined by the visual envelope of the proposed designated project.
identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;
description of the visual compatibility of the designated project with the surrounding, and its obstruction and interference with key views of the adjacent areas; and
the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the designated project with and without mitigation measures shall be assessed.

3.10.4 Review of Planning and Development Control Framework

The Applicant shall review relevant plans and studies which may contain such information as areas of high landscape value, woodland etc. The aim is to gain an insight to the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with the statutory town plan shall be highlighted and appropriate follow up action shall be recommended.

3.10.5 Proposals for Mitigation Measures

The Applicant shall recommend mitigation measures to minimise the adverse effects identified in 3.10.2 and 3.10.3 above, including the provision of a landscape design. The mitigation measures shall include the preservation of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, compensatory planting, provisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, colour scheme and texture of materials used and any measures to mitigate the disturbance to the existing landuse. Parties shall be identified for the on-going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operational phase of the designated project. A practical programme and funding proposal for the implementation of the recommended measures shall be presented.

3.10.6 Presentation Materials

Perspective drawings, plans and section/elevation diagrams, photographs of scaled physical models, oblique aerial photographs, photo-retouching and computer generated photomontages shall be adopted to illustrate the landscape and visual impacts of the designated project. The Applicant shall record the technical details in preparing the illustration which may need to be submitted for verification of the accuracy of the illustration.

3.11 Heritage Impact

3.11.1 Baseline Study

A baseline study shall be conducted in accordance with the requirements set out in Annex A.

3.11.2 Impact Assessment

The historical, archaeological and cultural heritage impact study shall take into account the importance of cultural heritage within the study area in Hong Kong and address the potential impacts to the historical, archaeological and cultural resources within the study area.

Impact assessment must be undertaken to identify any sites of cultural heritage which will be affected by the proposed development. Detailed descriptions and plans should be provided to elaborate to what extent the sites of cultural heritage will be affected.
Preservation in totality must be taken as the first priority. Paragraph 4.3.1(c), item 2 of Annex 10, item 2.6 to 2.9 of Annex 19 and other relevant parts of the Technical Memorandum on Environmental Impact Assessment Process shall be referred for the detailed requirements of the impact assessment.

3.11.3 Mitigation Measures

3.11.3.1 Besides referring to paragraph 4.3.1(d), items 2.10 to 2.14 of Annex 19 and other relevant parts of the Technical Memorandum, proposals for mitigation measures should be accompanied with a master layout plan together with all detailed treatment, elevations, and landscape plan. A rescue programme, when required, shall be proposed which may involve preservation of the historical building or structure together with the relics inside, and its historic environment through relocation, detailed cartographic and photographic survey or preservation of an archaeological site by record, i.e. through excavation to extract the maximum data as the very last resort.

3.11.3.2 The programme for implementation of agreed mitigation measures should be able to be implemented, and clearly stated in the EIA report, as required in Annex 20 of the Technical Memorandum. In particular, item 6.7 of Annex 20 requires the Applicant to define and list out clearly the proposed mitigation measures to be implemented, by whom, when, where, to what requirements and the various implementation responsibilities. A comprehensive plan and programme for the protection and conservation of the partially preserved site of cultural heritage, if any, during the planning and design stage of the proposed project must be detailed.

3.12 Air Quality Impact

3.12.1 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) regulation in dust control and shall initiate an audit and monitoring programme during construction to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.

4. ENVIRONMENTAL MONITORING AND AUDIT (EM&A) REQUIREMENTS

4.1 Environmental Monitoring & Audit (EM&A) Requirements

4.1.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operational phases of the designated project and, if affirmative, to define the scope of the EM&A requirements for the designated project in the EIA study.

4.1.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

4.1.3 The Applicant shall prepare a project implementation schedule (in the form of a check list) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

5. DURATION OF VALIDITY

5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM which stipulates the guidelines for the review of an EIA report.

6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :

40 copies of the EIA report in English and 40 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.
when necessary, addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.
Annex A
Requirements for the Baseline Study of the Cultural Heritage Impact Assessment
Baseline Study

The baseline study shall be conducted:
1. to compile a comprehensive inventory of archaeological sites, historical buildings and structures within the proposed project area including:
  - all sites of archaeological interest;
  - all pre-1945 buildings and structures;
  - selected post-1945 buildings and structures of high architectural and historical significance; and
  - landscape features include sites of historical events, historic field patterns, tracks and fish ponds and cultural element such as fung shui woodlands and clan grave.
2. to identify possible threats of, and their physical extent, destruction in whole or in part of site of cultural heritage arising from the proposed project.
The baseline study shall also include a desk-top study and a field survey.
Desk-top Research

Desk-top searches should be conducted to analyse, collect and collate extant information. They include:
1. Search of Declared Monuments list under the Antiquities and Monuments Ordinance (Chapter 53).
2. Search of Deemed Monuments list through the Antiquities and Monuments Office (AMO) of he Home Affairs Bureau.
3. Search of list of sites of cultural heritage identified by the AMO.
4. Search of publications on the local historical, architectural, anthropological, archaeological and other cultural studies, such as, Journals of the Royal Asiatic Society (Hong Kong Branch), Journals of the Hong Kong Archaeological society and Antiquities and Monuments Office Monograph Series.
5. Search of other unpublished papers, records, archival and historical documents through the public library and the tertiary institutions, such as the libraries of the Department of Architecture of the University of Hong Kong and the Chinese University of Hong Kong as well.
6. Search of other unpublished archaeological investigation and excavation reports kept by the AMO.
7. Search of historical documents in the Public Records Office, the Land Registry, District Lands Office and District Office.
8. Search of cartographic and pictorial documents. Maps of the recent past searched in the Maps and Aerial Photo Library of the Lands Department.
9. Study of existing Geotechnical information (for archaeological desk-top research).
10. Discussion with local informants.
Field Evaluation

In cases where the above sources of information prove to be inadequate or where the proposed project area has not been adequately studied before, field surveys and site investigations shall be conducted to assemble the necessary data.
Historical buildings and structures survey
1. Field scan of all the historical buildings and structures within the project area.
2. Conduct a photographic recording of each historical building or structure including the exterior (the elevations of all sides of the building premises, the roof, close up for the special architectural details) and the interior (special architectural details), if possible, as well as the surroundings of each historical building or structure.
3. Interview with the local elders and other informants on the local historical, architectural, anthropological and other cultural information related to the historical buildings and structures.
Archaeological Survey

Appropriate methods of field evaluation should be applied to assess the archaeological potential of the project area :
1. Definition of areas of natural land undisturbed in the recent past.
2. Field scan of the natural land undisturbed in the recent past in detail with special attention paid to areas of exposed soil which were searched for artifacts.
3. Conduct systematic auger survey/shovel testing to establish the horizontal spread of cultural materials deposits.
4. Excavation of test pits to establish the vertical sequence of cultural materials. The hand digging of 1 x 1 m or 1.5 x 1.5 m test pits to determine the presence or absence of deeper archaeological deposits and their cultural history.
If the field evaluation identifies any additional sites of cultural heritage within the study area which are of potential historic or archaeological importance and not recorded by AMO, the office should be reported as soon as possible. The historic and archaeological value of the items will be further assessed by the AMO.
The Report of Baseline Study

The study report should have concrete evidence to show that the process of the above desk-top and field survey has been satisfactorily completed. This should take the form of a detailed inventory of the sites of cultural heritage supported with full description of their cultural significance. The description should contain detailed geographical, historical, archaeological, architectural, anthropological, ethnographical and other cultural data supplemented with illustrations below and photographic records.
Historical Buildings and Structures
1. A map in 1:1000 scale showing the boundary of each historical building or structure.
2. Photographic records of each historical building or structure.
3. Detailed record of each historical building or structure including its construction year, previous and present usage, architectural characteristics, as well as legends, historic person, historic events, cultural activities related to the structure.
Archaeological Sites
1. A map showing the boundary of each archaeological site as supported and delineated by field walking, augering and test-pitting;
2. Drawing of stratigraphic section of test-pits excavated which shown the cultural sequence of a site.
A full bibliography and source of the information consulted should be provided to assist in the evaluation of the quality of the evidence. It is expected that the study and result is up to an internationally accepted academic and professional standard.

September 1998