Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-012/1998
Project Title:
Widening of Yeung Uk Road between Tai Ho Road and Ma Tau Pa Road, Tsuen Wan
Name of Applicant : New Territories West Development Office, Territory Development Department
1. BACKGROUND
1.1 An application (No. ESB-012/1998) 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 20 August 1998 with a project profile (No. PP-015/1998).
1.2 The Applicant proposes to widen the section of Yeung Uk Road between Tai Ho Road and Ma Tau Pa Road to dual 3-lane carriageway to cope with the traffic demand identified in the Tsuen Wan Transport Study Phase 3. A service road and a footbridge at Yeung Uk Road will also be constructed. The location of the proposed project is shown in the attached Annex 1. The project covered in the project profile is a designated project under the EIAO by virtue of Section A.1 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:
(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;
(ii) the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
2. OBJECTIVES OF THE EIA STUDY
(i) to describe the proposed project and associated works together with the requirements for carrying out the proposed project;
(ii) 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;
(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(iv) to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;
(v) 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;
(vi) 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;
(vii) 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;
(viii) to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
(ix) to identify constraints associated with the mitigation measures recommended in the EIA study; and
(x) 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, including:
(i) widening of Yeung Uk Road for the section between Tai Ho Road and Ma Tau Pa Road (an at-grade district distributor road) to dual 3-lane carriageway;
(ii) construction of a service road (an at-grade local distributor road) adjoining Yeung Uk Road;
(iii) construction of a footbridge spanning across Yeung Uk Road;
(iv) provision of ancillary works associated with this project including drainage, utilities, footpaths, street lighting, railings, traffic signs, road markings and minor landscaping works; and
(v) possible connection adjacent to Lot No. TWTL 324 between Yuen Tun circuit/Hoi Kwai Road and Tai Ho Road;
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
3.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.
3.4.2 The study area for air quality impact assessment shall include an area within 500m from the project boundary (as shown in Annex 1).
3.4.3 The air quality assessment shall include the following:
General
(i) presentation of background air quality in the study area for the purpose of evaluating the cumulative air quality impacts of the proposed project;
(ii) description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants within the study area;
(iii) identification of representative air sensitive receivers and/or potential affected uses;
(iv) identification of emission characteristics and provision of an emission inventory of the existing, committed and planned air pollution sources;
(v) description of the assessment method (whether it be analytical, numerical or physical) and the associated assumptions, validity of the method and limits of application;
(vi) analysis of operational activities (after commissioning), its related air quality impact and characterization;
(vii) assessment and evaluation of the net and cumulative air quality impacts;
(viii) presentation of the assessment results in the form of summary tables and pollution contours, whenever practicable, for comparison with relevant air quality standards and the examination of the land use implications of these impacts; and
(ix) proposals for effective mitigation measures to reduce the cumulative air pollution impacts to established standards.
Operational Air Quality Impact
(x) Assess the net and cumulative air pollution impact of the proposed project to receptors by dispersion modelling. The Applicant shall provide detailed methodology statements and key assumptions of the selected model including emission factors and other input parameters to the Director for comment and consent before commencement of the Study.
(xi) Input and output file(s) of the model run(s) in electronic format should be included in the EIA report.
(xii) Air pollution Isopleths shall be produced as an output of the study.
(xiii) The Applicant shall also assess the air quality implications of any proposed noise mitigation measures. If noise mitigation measures that will affect dispersion of air pollutants, such as noise canopies, are proposed to mitigate noise impact due to traffic flow, then the Applicant shall also assess the implications of such mitigation measures on air quality impact. If a noise canopy in the form of a total enclosure is proposed, then both 'tunnel' portal emissions and air quality inside the 'tunnel' shall also be addressed.
Construction Air Quality Impact
(xiv) The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and shall initiate a monitoring and audit programme during construction to ensure construction dust impacts are controlled within the relevant standard 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 study area for noise impact assessment shall include an area within 300m from the project boundary. Subject to the agreement of the Director, the study area can be reduced accordingly if the first layer of the noise sensitive receivers (NSRs), closer than 300m from the project boundary, provides acoustic shielding to those receivers located further away,
3.5.3 The noise impact assessment shall include the following:
Provision of Background Information
(i)
The Applicant shall provide all background information including existing noise levels relevant to the project.
Identification of Noise Sensitive Receivers
(iii)
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.
Provision of an Emission Inventory of the Noise Sources
(iv)
The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment; portable equipment etc., as appropriate, for operational noise assessment). The inventory shall include road traffic data as appropriate. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
Construction Noise Assessment
(v) 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.
(vi) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
(vii) If the unmitigated construction noise levels are found exceeding the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
Operational Noise Assessment
(viii) The Applicant shall analyse the scope of the proposed road alignment(s) to identify appropriate new and existing road sections for the purpose of traffic noise impact assessment. When an existing road section undergoes major modification which will directly result in 25% increase in lanes or substantial changes in alignment or character (e.g. change to a high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.
(ix)
The Applicant shall calculate the expected road traffic noise using methods described in the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988). Calculations of future road traffic noise shall be based on the peak hour traffic flow in respect of the maximum traffic projection within a 15 year period from commencement of operation of the proposed roadwork. The Applicant shall calculate the traffic noise levels in respect of each road section and the overall noise levels from the combined road sections (both new and existing) at the NSRs.
(x)
The Applicant shall present the prevailing and future traffic noise levels in L10, (1 hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
(xi)
Quantitative assessment at the NSRs for proposed road alignment(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the Technical Memorandum. The potential noise impact of proposed road alignment(s) shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the Technical Memorandum.
(xii)
After rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), the Applicant shall propose direct technical remedies in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM by 1 dB(A) or more. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs should be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive elements that will be benefited by the provision of direct technical remedies should be provided.
(xiii)
The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria with the implementation of all recommended direct technical remedies shall be quantified.
(xiv)
In cases where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements which may qualify for indirect technical remedies under the ExCo directive "Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads", the associated costs and any implications for such implementation. For the purpose of determining the eligibility of the affected premises for indirect technical remedies, reference shall be made to the following three criteria:
(a) the predicted overall noise level from the new road together with other traffic noise in the vicinity must be above a specified noise level (e.g. 70 dB(A) for domestic premises and 65 dB(A) for education institutions, all in L10(1 hr));
(b) the predicted overall noise level is at least 1.0 dB(A) more than the prevailing traffic noise level, i.e. the total traffic noise level existing before the works to construct the road were commenced; and
(c)
the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0 dB(A).
Assessment of Side Effects and Constraints
(xv)
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
(xvi)
For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.
(xvii)
The Applicant shall take into account the agreed environmental requirements/constraints identified by this EIA to assess the development potential of the concerned sites, which shall be made known to the relevant parties.
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 TM, respectively.
3.6.2 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of surface and ground water systems arising from construction of the project.
3.6.3 The Applicant shall include the following in the water quality impact assessment:
(i) collection and review of background information on the existing water system(s) and, the respective catchment(s);
(ii) characterization of water quality based on existing information or site surveys/tests as appropriate;
(iii) identification and analysis of all existing and future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers;
(iv) establishment of pertinent water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers;
(v) identification of any alteration of any surface water system(s), change of ground water levels, change of catchment types or areas;
(vi) identification, analysis and quantification of all existing and future water pollution sources during the construction stage, including point discharges and non-point sources to surface water runoff, and establishment and provision of an emission inventory on the quantities and characteristics of all these pollution sources. Field investigation and laboratory tests shall be conducted as appropriate;
(vii) prediction and quantification of impacts on the water system(s) and the sensitive receivers due to those alterations and changes identified in (v) above and the pollution sources identified in (vi) above. Possible impacts include sediment erosion or deposition, water and sediment quality and the effects on aquatic organisms due to such changes. The prediction shall take into account and include possible different construction stages or sequences.
(viii) assessment and quantification of all existing and future waste water generation activities during the construction stage and analysis of the adequacy of existing and future sewerage infrastructure;
(ix) assessment and quantification of all existing and future water pollutants from non-point sources during the construction stage and analysis of the provision and adequacy of existing and future facilities to reduce such pollution;
(x) proposals for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the construction stage so as to reduce the water and sediment quality impacts to within acceptable standards. Requirements to be incorporated in the project contract documents shall also be proposed;
(xi) Best management practices to reduce storm water and non-point source pollution during the construction stage shall be investigated and proposed as appropriate; and
(xii) evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water quality objectives, criteria, standards or 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 :
Analysis of Activities and Waste Generation
(i) The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction activities, based on the sequence and duration of these activities.
Proposal for Waste Management
(ii) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.
(iii) 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.
(iv) The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail. This assessment shall cover the following areas:
(a) potential hazard;
(b) air and odour emissions;
(c) noise;
(d) wastewater discharge; and
(e) 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 landscape and visual impacts. Both the impacts during construction and operation phases shall be assessed.
3.8.2 The study area for the landscape impact assessment shall include all areas within a 500m distance from the proposed project. The study area for the visual impact assessment shall be defined by the visual envelope of the proposed project.
3.8.3 The landscape and visual impact assessment shall include the following:
(i) a baseline study to provide for a comprehensive and accurate description of the baseline landscape and visual character;
(ii) a review of the relevant planning and development control framework;
(iii) impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance including impact on mature trees and/or planted areas; and
3.8.4 The Applicant shall describe, appraise and analyze the existing landscape resources 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 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 proposed development.
3.8.5 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:
(i) identification and plotting of visibility contours of the proposed project within the assessment area;
(ii) identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;
(iii) description of the visual compatibility of the project with the surrounding, and its obstruction and interference with key views of the adjacent areas; and
(iv) 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.
3.8.6 The Applicant shall review relevant outline development plan(s), outline zoning plan(s), layout plan(s) or planning briefs and studies which may contain guidelines on urban design concept, designated view corridors, and open space network. 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 plans should be highlighted and appropriate follow-up action should be recommended.
3.8.7 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 the retention of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation 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 material used, and any measures to mitigate the disturbance of the existing land use. Advice from the Advisory Committee on Appearance of Bridges and Associated Structure shall be incorporated where applicable. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation phase of the proposed project. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out. For bridge structures: Presentation of photomontage of the proposed road(s) in the existing and planned urban setting illustrating the effectiveness of visual impact mitigation measures shall be included.
3.8.8 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 landscape and 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. Where applicable, a tree survey shall be carried out and the impacts on existing mature trees shall be addressed.
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, shall 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 2) 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:
(i) 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.
(ii) 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.
(iii) 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-010/1998), 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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