1. BACKGROUND
1.1 An application (No. ESB-037/1999) 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 5 August 1999 with a project profile (No. PP-056/1999).
1.2 The Applicant proposes to upgrade the existing Tsuen Wan Road (TWR) to cope with the traffic demand identified in two studies, namely Planning, Environmental and Investigation Study for Tsuen Wan Bay Further Reclamation in May 1998 and Technical Study for West Rail in February 1998. The existing TWR is generally a Dual-3 lane carriageway, dropping to 2 lanes through both Tai Chung Road and Texaco Road in Kwai Chung. The project scope is to build a 800 m long Dual-2 lane cut-and-cover tunnel at Hoi On Road in Tsuen Wan, to upgrade the existing carriageway using a Dual-2 lane viaduct, to widen the existing at-grade roads to Dual-4 lane and to realign the associated roundabouts/ interchanges between Tuen Mun Road in the northwest and Kwai Chung Road in the southeast. 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 Sections A.1 and A.7 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:
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.
3.2 The Scope
The scope of this EIA study shall cover the proposed works area shown in Annex 1 and shall include the proposed project mentioned in Section 1.2 above. The EIA study shall address the likely key issues described below; and together with any other key issues identified during the course of the EIA study:
3.3 Technical Requirements
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
- presentation of background air quality in the study area for the purpose of evaluating the cumulative air quality impacts of the proposed project;
- description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants within the study area;
- identification of representative air sensitive receivers and/or potential affected uses;
- identification of emission characteristics and provision of an emission inventory of the existing, committed and planned air pollution sources;
- description of the assessment method (whether it be analytical, numerical or physical) and the associated assumptions, validity of the method and limits of application;
- analysis of operational activities (after commissioning), its related air quality impact and characterization;
- assessment and evaluation of the net and cumulative air quality impacts;
- 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
- proposals for effective mitigation measures to reduce the cumulative air pollution impacts to established standards.
Operational Air Quality Impact
- 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.
- Input and output file(s) of the model run(s) in electronic format should be included in the EIA report.
- Air pollution Isopleths shall be produced as an output of the study.
- 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
- 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
- The Applicant shall provide all background information including existing noise levels relevant to the project.
Identification of Noise Sensitive Receivers
- 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.
- 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.
- For planned noise sensitive land uses without committed site layouts, the Applicant should base the assessment on the relevant planning parameters and liaise closely with the prospective developers to work out site layouts for operational noise assessment purposes.
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). 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
- 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.
- To minimize 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 to exceed 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
- 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 in the form of at-grade or elevated road undergoes major extensions or improvements irrespective of whether the extensions or improvements are attaching to or separate from the existing road 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.
- 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.
- 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 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.
- 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.
- 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.
- 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:
- 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));
- 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
- 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
- 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
- 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 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:
- collection and review of background information on the existing water system(s) and, the respective catchment(s);
- establishment of pertinent water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers;
- identification of any alteration of any surface water system(s) and any change of ground water levels;
- identification, analysis and quantification of all existing and future water pollution sources during the construction and operation stages, including point discharges, non-point sources to surface water runoff and leachate from landfill, and establishment and provision of an emission inventory on the quantities and characteristics of all these pollution sources. For the leachate, field investigation and laboratory tests shall be conducted as appropriate;
- prediction 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, and the outbreak of leachate. The prediction shall take into account and include possible different construction stages or sequences.
- proposals for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the construction and operation stages so as to reduce the water quality impacts to within acceptable standards. Requirements to be incorporated in the project contract documents shall also be proposed; and
- evaluation 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
- 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
- Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.
- 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 (iv) below.
- 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:
- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge; and
- 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 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 affecting the appreciation of the project. 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.
3.8.4 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. Clear mapping of the landscape impact is required. When applicable, a tree survey shall be carried out and the impacts on existing mature trees shall be addressed.
3.8.5 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:
- identification and plotting of visibility contours of the proposed project within the assessment area;
- identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level, sea level and elevated vantage points;
- description of the visual compatibility of the project with the surrounding and the planned setting, 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 project with and without mitigation measures shall be included so as to demonstrate the effectiveness of the proposed mitigation measures.
3.8.6 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 and reprovisioning 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. 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.
3.8.7 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 when appropriate 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.
3.9 Landfill Gas Hazards
3.9.1 Part of the proposed roadworks would be within the 250m Consultation Zone of the former Gin Drinker's Bay Landfill (Kwai Chung Park). The Applicant shall follow the criteria and guidelines for evaluating and assessing landfill gas hazards as stated in Annexes 7 and 19 of the TM respectively. The Applicant may also refer to the "Landfill Gas Hazard Assessment - Guidance Note" and the Professional Persons Environmental Consultative Committee Practice Note (ProPECC) PN 3/96 "Landfill Gas Hazard Assessment for Developments adjacent to Landfills" in carrying out the assessment.
3.9.2 The assessment of landfill gas hazards shall cover the following:
- review of background information and studies related to the relevant landfill;
- identification of the nature and extent of the sources, including the likely concentrations and/or amounts of hazardous emissions which might have the potential impacts on the proposed project;
- identification of the possible pathways through the ground, underground cavities, utilities or ground water, and the nature of these pathways through which the hazardous emissions must traverse if they were to reach the proposed project;
- identification of the potential receivers associated with the proposed project which are sensitive to the impacts of the hazardous emissions;
- qualitative assessment on the degree of risk which the hazardous emissions may impose on the receivers for each of the source-pathway-receiver combinations; and
- determination of suitable level of precautionary measures during the proposed project, if needed.
3.10 Impact on Cultural Heritage
The Applicant should identify any direct or indirect impacts on any sites of cultural heritage which could be affected by the project in order to avoid causing any negative impacts. In the event any potential impacts are identified on any archaeological sites, historic buildings and structures within or near to the project area the Applicant shall recommend any necessary monitoring and mitigation measures. Such monitoring and mitigation measures if necessary shall be agreed with the Antiquities and Monuments Office. The following historic buildings and structures are located near to the Study Area (Maps 1-4 as shown in Annex 2) and should be considered in the first instance:
Historic Building and Structures Remarks (i) Chan Ancestral Hall Grade 3 (ii) Old House Former Hoi Pa Village (Formerly Lot 956) Grade 3 (iii) Grave of Tang Yuk (iv) Old House of Former Hoi sPa Village (Formerly Lot 917) Declared Monument (v) Wang Fat Ching She 3.11 Summary of Environmental Outcomes
The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included, the environmental benefits of environmental protection measures recommended and the like.
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 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 3) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
4.4 The applicant should note the requirement stipulated in Section 8.1 of the TM that an operational noise monitoring programme should be proposed to verify the traffic noise predictions or the effectiveness of noise mitigation measures.
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 a fresh EIA study brief 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 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.
6.4 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 hyperlinks 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.
6.5 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.
6.6 When the EIA Report and the Executive Summary are made available for public inspection under Section 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.
6.7 To promote environmentally friendly and efficient dissemination of information, both hard copies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
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-056/1999), 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 a fresh EIA study brief.
8. REFERENCE
8.1 The Applicant shall make reference to the following reports in conducting the EIA study:
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