1. BACKGROUND

1.1 An application (No. ESB-011/1998) 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 14 August 1998 with a project profile (No. PP-013/1998).

1.2 The Applicant proposes to develop a Harbour Centre for housing development in Tuen Mun Planning Area 27. The project involves reclamation of 7 hectares of land in Castle Peak Bay. The location of the proposed project is shown in the attached Figure I. The project covered in the profile is a designated project under the EIAO by virtue of Section C.12(a)(iii) of Schedule 2 and Section C.1, C.2(a)(iii) or C.3(b) of Schedule 2 under the Ordinance.

1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the 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 and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;
2. the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and
3. 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:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;
2. to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;
3. to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
4. to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;
5. to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;
6. to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;
7. to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;
8. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
9. to identify constraints associated with the mitigation measures recommended in the EIA study;
10. to design and specify the environmental monitoring and audit requirements, if required, 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 project mentioned in section 1.2 above, which covers reclamation works for about 7 hectares in size and their associated dredging works in Tuen Mun Planning Area 27.

Technical Requirements

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

3.4 Air Quality Impact

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

3.5 Noise Impact

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

3.5.2 The noise impact assessment shall include the following :

1. Determination of Assessment Area

   The assessment area for the noise impact assessment shall include all areas within 300m from the project boundary (as shown in the attached Figure I). Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the project boundary, provides acoustic shielding to those receivers at further distance behind.

2. Provision of Background Information and Existing Noise Levels

   The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies. Unless involved noise standards for planning purposes, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.

3. Identification of Noise Sensitive Receivers
   1. The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). 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 and Layout Plans.
   2. The Applicant shall select assessment points to represent all identified NSRs 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 name of building, use, and floors of each and every selected assessment point shall be given.
4. Provision of an Emission Inventory of the Noise Sources

   The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment). Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

5. Construction Noise Assessment
   1. The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
   2. To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed.
   3. The Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

3.6 Water Pollution

3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the Technical Memorandum, respectively.

3.6.2 The assessment area for the purpose of water quality impact assessment shall cover all sensitive receivers within 1500m from the boundary of the project as shown in the attached Figure I.

3.6.3 The Applicant shall identify and analyze all physical, chemical and biological disruptions of marine water system arising during the construction and operation of the project. The Applicant shall address the following:

General

1. collection and review of background information on the existing water system(s) and the respective catchment(s);
2. characterization of water and sediment quality based on existing information or site surveys/ tests as appropriate;
3. dentification and analysis of all existing and planned future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers;
4. identification of pertinent water quality objectives and establishment of other appropriate water quality and sediment criteria or standards for the water system(s) and all sensitive receivers;
5. identification of any alteration of water course, change of shoreline or bathymetry and change of flow regimes;
6. identification, analysis and quantification of all existing and likely future water and sediment pollution sources, including point discharges and non-point sources to surface water runoff. Field investigation and laboratory tests shall be conducted as appropriate.
7. establishment and provision of an emission inventory on the quantities and characteristics of all these pollution sources;

   Impact Predictions

8. prediction and quantification by mathematical modelling or other technique approved by the Director, of the impacts on the water system(s) and the sensitive receivers due to those alterations and changes identified in (v) and the pollution sources identified in (vi). Possible impacts include changes in hydrology, flow regime, sediment erosion or deposition, water and sediment quality and the effects on the aquatic organism due to such changes. The prediction shall take into account and include likely different construction stages or sequences, different operation stages. Cumulative impacts due to other projects, activities or pollution sources within a boundary around the Study Area to be agreed by the Director shall also be predicted and quantified;

   Waste Water and Non-point Sources Pollution

9. analysis on the adequacy of existing and planned future sewerage infrastructure to receive discharges of waste water identified in (vi) above;
10. analysis on the provision and adequacy of existing and planned future facilities to reduce pollution arising from the non-point sources identified in (vi) above;

    Dredging, Filling and Dumping

11. identification and quantification of all dredging, fill extraction, filling, reclamation, sediment/ mud transportation and disposal activities and requirements. Potential fill source and dumping ground to be involved shall also 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 analyzed; the number, type and methods of sampling/ sampling preservation/ laboratory tests; and the laboratory to be used shall be approved by the Director. Particular attention shall be given to the requirement of WBTC No. 22/92 on "Marine Disposal of Dredged Material";
12. prediction, quantification and assessment of impacts on the physical regime, water and sediment quality of the marine water system and the nearby sensitive receivers due to the activities identified in (xi) above, with special emphasis on the gazetted beaches (e.g., Castle Peak Beach, Kadoorie Beach, Cafeteria Old Beach, Cafeteria New Beach and Golden Beach), Tuen Mun Salt Water Pumping Station and Tuen Mun Typhoon Shelter. The prediction and quantification of impacts caused by sediment re-suspension and contaminants release shall be carried out by mathematical modelling or other techniques approved by the Director;
13. 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;
14. evaluation of the impacts due to release of the interstitial water and associated contaminants to the water column, if wick drain installation is employed to speed up consolidation of mud;
15. prediction and quantification of cumulative impacts due to other dredging, filling or dumping activities within a boundary around the Study Area to be agreed by the Director;

    Mitigation

16. proposal of effective infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during the construction, operation stages so as to reduce the water and sediment quality impacts to within acceptable levels of standards. Best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate; and
17. evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water and sediment quality criteria, standards and guidelines.

3.7 Waste Management Implications

3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.

3.7.2 The assessment of waste management implications shall cover the following:

1. Analysis of Activities and Waste Generation

   The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the dredging, proposed reclamation, and all associated activities.

2. 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. Having taken into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to be disposed 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 (c) below.
   3. The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in details. This assessment shall cover the following areas:
      1. potential hazard;
      2. air and odour emissions;
      3. noise;
      4. wastewater discharge; and
      5. public transport.

3.8 Landscape and Visual Impact

3.8.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the Technical Memorandum, respectively for evaluating and assessing the landscape and visual impacts during the construction phase and when the reclamation is completed.

3.8.2 The landscape and visual impact assessment shall include the following:

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

3.8.3 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the assessment area. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the proposed reclamation project with the existing landscape. The landscape impact assessment shall qualify the potential landscape impact so as to illustrate the significance of such impacts arising from the proposed reclamation project

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

1. identification and plotting of visibility contours of the proposed project within the assessment area. The assessment area shall include all areas within the project boundary, as shown in the attached Figure I;
2. identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;
3. description of the visual compatibility of the project with the surrounding, and its obstruction and interference with key views of the adjacent areas; and
4. the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.

3.8.5 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall also include provision of screen planting vegetation of reclaimed land, and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness after the completion of the reclamation. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out.

3.8.6 Perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photographs taken at vantage points, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate the visual impacts of the proposed 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.

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

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

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

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex I) 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:

1. 40 copies of the EIA report in English and 50 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.
2. 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.
3. 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.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

7.2 If there is any key change in the scope of the project mentioned in section 1.2 of this EIA study brief and in Project Profile (No. PP-013/1998), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.

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