Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-019/1998
Project Title: Proposed Road A Connecting Sin Fat Road and Cha Kwo Ling Road at Cha Kwo Ling, Kwun Tong
Name of Applicant: Civil Engineering Department, named "the Applicant" thereafter
1. BACKGROUND
1.1 An application (No. ESB-019/1998) 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 22 October 1998 with a project profile (No. PP-029/1998) on the captioned project.
1.2 The Applicant proposes to construct a 750 m long district distributor Road A at Cha Kwo Ling Kaolin Mine Site. This road is also shown on the Cha Kwo Ling, Yau Tong, Lei Yue Mun Outline Zoning Plan (Plan No.: S/K15/9). The project is a Designated Project under section A.1 of the EIAO.
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 project and all related activities taking place concurrently. This information will contribute to decisions by the Director on:
2. OBJECTIVES OF THE EIA STUDY
2.1 The Objectives of the EIA Study are as follows:
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.
Study Area
3.3 For the purpose of air quality impact and landscape impact assessments, the study area shall be of 500m from either side of the alignment of the proposed Road A (see Figure 1).
3.4 For noise impact assessment, the study area shall be defined by a distance of 300m from the proposed road alignment and associated facilities. 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. Notwithstanding the above, the study area should cover the residential premises at Sceneway Garden; the kindergarten; and other noise sensitive receivers along the section of Sin Fat Road to the east of the proposed road for the purpose of assessment of road traffic noise impact from Sin Fat Road and other roads in the vicinity on the above-mentioned noise sensitive receivers.
3.5 All sensitive receivers for the visual impact assessment shall be assessed within the visual envelope outlining the area of land where there is a view of any part of the proposed project and its structure.
Technical Requirements
3.6 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope set out above. They are to include the following technical requirements as specific impacts :
3.7 Noise Impact Study
3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact stated in Annexes 5 and 13 of the TM respectively.
3.7.2 Task 1: 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 in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.
3.7.3 Task 2: Identification of Noise Sensitive Receivers
The Applicant shall refer to Annex 13 in 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.
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 of Environmental Protection 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.
For planned noise sensitive land uses without committed site layouts, the Applicant should base on the relevant planning parameters to work out site layouts for operational noise assessment purpose. For the proposed Cha Kwo Ling housing site, the Applicant may refer to the indicative layout plan in Figure 2 for the location of the housing blocks.
3.7.4 Task 3: Provision of an Emission Inventory of the Noise Sources
An inventory of noise sources (e.g. construction equipment for construction noise assessment; port equipment etc., as appropriate, for operational noise assessment) shall be provided, and the inventory shall include the road traffic data. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
3.7.5 Task 4: Construction Noise Assessment
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 para. 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.
To minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
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 task) to minimise the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
3.7.6 Task 5: Operational Road Traffic Noise Assessment
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 characters (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.
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 years period upon 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.
The Applicant should assess how, if any, the proposed road would affect the traffic noise impact from Sin Fat Road and other roads in the vicinity on Sceneway Garden; the kindergarten; and other noise sensitive receivers along the section of Sin Fat Road to the east of the proposed Road A.
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.
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 TM. 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 TM.
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 as far as possible should be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.
The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria in the TM with the implementation of all recommended direct technical remedies shall be quantified.
In case where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Proponent 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 set of following three criteria:
3.7.7 Task 6: Assessment of Side Effects and Constraints
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.
3.7.8 Task 7: Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
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.
The Applicant shall take into account the agreed environmental requirements / constraints identified by the study to assess the development potential of the concerned sites which shall be made known to the relevant parties.
3.8 Air Quality Impact
3.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing traffic emission impact as stated in Annexes 4 and 12 of the TM respectively.
3.8.2 The traffic emission impact assessment shall include the following:
3.8.3 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 the construction stage, if necessary, to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.
3.9 Construction Waste Management Impact
3.9.1 The Applicant shall assess the waste management implications arising from the construction and operation of the project in accordance with Annex 7 and 15 of the TM. The assessment of waste management impacts shall cover, but not limited to, the following:
Identify the quantity, type, quality and timing of the liquid and solid waste arising as a result of the construction, based on the sequence and duration of these activities.
3.10 Land Contamination Impact
3.10.1 For land contamination assessment, the study area shall be defined within the boundary of the road project.
3.10.2 The Applicant shall follow the guidelines for evaluating and assessing potential contaminated land issues as stated in Annex 19 sections 3.1 and 3.2 of the TM. The Applicant may refer to the report entitled "Preliminary Landfill Gas Hazards & Land Contamination Assessment for Potential Public Housing Sites at Cha Kwo Ling Kaolin Mine Site (Site No. R05) & Site East of EHC, Lei Yue Mun (Site No. R08)" for information.
3.10.3 The Applicant shall provide a clear and detailed account of the present land use (e.g. description of the activities, chemicals and hazardous substances handled with clear indication of their storage and location by reference to a site map) and the relevant landuse history in relation to possible land contamination (e.g. accident records, change of land use etc).
3.10.4 During the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the DEP for endorsement prior to conducting an actual contamination impact assessment of the land/site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and the extent of the contamination of the land/site.
3.10.5 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.
3.11 Landfill Gas Impact
3.11.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing the potential landfill gas impact as stated in Annex 7 and 19 of the TM respectively. The Applicant may refer to the report entitled “Preliminary Landfill Gas Hazards & Land Contamination Assessment for Potential Public Housing Sites at Cha Kwo Ling Kaolin Mine Site (Site No. R05) & Site East of EHC, Lei Yue Mun (Site No. R08)”, the “Landfill Gas Hazard Assessment – Guidance Note” and the ProPECC PN 3/96 “Landfill Gas Hazard Assessment for Developments adjacent to Landfills” for reference, (see Figure 1 of the consultation zone of Sai Tso Wan Landfill Site).
3.11.2 The landfill gas impact assessment shall entail two main components which are qualitative risk assessment and landfill gas precautionary / protection design. Specifically, the assessment shall include the following technical tasks:
3.12 Water Quality Impact
3.12.1 The study area shall be within 300m from either side of the proposed road alignment.
3.12.2 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.
3.12.3 All physical, chemical and biological disruptions of ground water system (which are caused by the Sai Tso Wan Landfill and other sources) arising during the construction and operation of the project shall be identified and analysed in the impact assessment.
3.12.4 In the water quality impact assessment, the Applicant shall address the following:
3.13 Ecological Impact
3.13.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing potential ecological impact as stated in Annexes 8 and 16 of the TM respectively.
3.13.2 In the ecological impact assessment, 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 project. It should be the aim to protect, maintain or rehabilitate the natural environment. In particular, the proposed project shall avoid impacts on recognised sites of conservation importance (e.g. Country Parks, Sites of Special Scientific Interest) and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the project. The study shall evaluate the environmental acceptability of the project.
3.13.3 The assessment shall include the following tasks :
3.14 Landscape and Visual Impact
3.14.1 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 TM respectively. Landscape and visual impact assessment shall cover the following:
3.14.2 Assessment of Landscape Impacts
The Applicant shall describe, appraise and analyze the existing landscape resource and character of the Study Area. It shall focus particularly on the sensitivity of the landscape framework such as green belt, open space etc. and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape. Impacts should be quantified to allow an assessment of the significance of such impacts.
3.14.3 Assessment of Visual Impacts
The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:
3.14.4 Review of Planning and Development Control Framework
The Applicant shall review outline zoning plans, outline development plans, layout plans, planning briefs and relevant studies such as the Metroplan, the Central and East Kowloon Development Statement which may contain such information as urban setting, designated view corridors, areas of high landscape value, open space network etc. Such review will give an insight to the future outlook of the area affected and ways the project can be assimilated into the environment. Any conflict with the statutory town plan shall be highlighted and appropriate follow up action shall be recommended.
3.14.5 Proposals for Mitigation Measures
The Applicant shall recommend mitigation measures to minimise the adverse effects identified in 3.14.2 and 3.14.3 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, reprovisioning 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 project. A practical programme and funding proposal for the implementation of the recommended measures shall be presented.
3.14.6 Presentation Materials
The Applicant shall record the technical details on preparing the illustrative material, which may need to be submitted for verification of the accuracy of the illustrations. 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 project.
4. ENVIRONMENTAL MONITORING AND 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 operational 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 1 attached) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
5. DURATION OF VALIDITY
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 :
6.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.
6.4 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
6.5 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
7. OTHERS 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 of this EIA study brief and in the Project Profile (No. PP-029/1998), 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.
Environmental Assessment and Noise Division
Environmental Protection Department
November 1998
| Figure 1| Figure 2 | Annex 1 |
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