1. BACKGROUND

1.1 An application (No. ESB-069/2001) 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 28 March 2001 with a Project Profile (No. PP-120/2001) on the captioned project.

1.2 The Applicant proposes to construct a drainage tunnel system comprising a 5.35 km long tunnel, three intake structures and an outfall structure. The tunnel section, with an internal diameter of 6.5m, commences from the junction of Shing Mun Road and Wo Yi Hop Road in Kwai Chung to the south of Yau Kom Tau, passing underneath the existing Tai Mo Shan Country Park. The three intake structures will be located along the tunnel at the junction of Shing Mun Road and Wo Yi Hop road (Intake I-1), at Lo Wai (Intake I-2) and at Tso Kung Tam (Intake I-3) respectively to function as flow intercepting points and to divert storm runoff vertically down through vortices and connecting tunnels to the main tunnel section. The outfall structure comprises a stepped cascade connecting the tunnel section to four 9 m by 6.5 m box culverts underneath the existing Castle Peak Road. The diverted runoff will be discharged to the sea at Yau Kom Tau. The location of the project and the key features are shown in Figure 1. The project is a Designated Project under the EIAO by virtue of Q.1 of the Schedule 2, Part I 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 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 project 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

2.1 The objectives of the EIA study are as follows:

(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 any potential impacts from point and non-point pollution sources on the identified water systems and sensitive receivers, in particular water gathering grounds, during the construction and operation stages;

(v) to identify and quantify any potential losses and damage to flora, fauna and wildlife habitats;

(vi) to identify any potential impacts to the historical, archaeological and cultural resources within the study area and propose measures to mitigate these impacts;

(vii) 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;

(viii) 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;

(ix) to identify, assess 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;

(x) to investigate the extent of secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification;

(xi) 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; and

(xii) to consider feasible alternatives with a view to avoiding or minimizing the potential environmental impacts to sensitive uses, and to compare the environmental benefits and dis-benefits of each of the different options and to provide reasons for selecting a preferred option and to describe the part environmental factors played in the selection.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

The Purpose

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 EIA Process of the EIAO (hereinafter referred 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. The EIA study shall address the likely potential construction dust and noise impact, water quality, aquatic and terrestrial ecology, waste management and cultural heritage impacts arising out of the project; and together with any key issues identified during the course of the EIA study. The assessment areas are described in the following Technical Requirements sections.

3.3. The Applicant shall address the cumulative impacts of the Project, through interaction or in combination with other existing, committed and planned developments in the vicinity of the Project. Consideration shall be given to include construction impacts due to likely concurrent projects such as the West Rail, Castle Peak Road Improvement Works, Tuen Mun Road Improvement Works, Route 5, Route 9, Tsuen Wan Bay Further Reclamation and Tso Kung Tam Ecological Park.

Consideration of Alternatives

3.4 When preparing the EIA report in accordance with the technical requirements below and the TM, the Applicant shall consider different alignment options and means (such as alternative designs, alternative construction and operation methods, etc.) with a view to avoiding or minimizing the potential environmental impacts of the proposed project. The Applicant shall compare the environmental impacts as well as the environmental benefits and dis-benefits of each of the different options and provide reasons for selecting the final preferred option including the environmental factors played in the selection.

Technical Requirements

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

3.5.1 Air Quality Impact

3.5.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM respectively.

3.5.1.2 The assessment area for the air quality impact assessment shall generally be defined by a distance of 500 m from the boundary of the project works sites as shown in Figure 1, yet it may be extended depending on the circumstances and the scale of the project.

3.5.1.3 The Applicant shall assess the air pollutant concentrations in accordance with the latest modelling criteria as agreed with the Director.

3.5.1.4 The air quality assessment shall include the following:

Background and analysis of activities

(i) Provide background information relating to air quality issues relevant to the project, e.g. description of the types of activities of the project.

(ii) Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of the project to abate the air pollution impact. That is, the Applicant shall consider alternative construction methods/phasing programmes to minimize the constructional air quality impact, e.g. use of marine access routes for transportation of construction materials to avoid dust impact on air sensitive receivers due to haul road transport during construction.

(iii) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional air quality impacts.

Identification of Air Sensitive Receivers (ASRs) and examination of emission/dispersion characteristics

(iv) Identify and describe representative existing and planned/committed ASRs that would likely be affected by the project. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact point on these ASRs. A map showing the location and a description including the name of the buildings, their uses and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources should also be given.

(v) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the project. Examples of construction stage emission sources include stock piling, blasting, concrete batching and vehicular movements on unpaved haul roads on site and so forth. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction materials handled) shall be obtained from the relevant government/authorities and documented.

Constructional Air Quality Impact

(vi) The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control to ensure construction dust impacts are controlled to within the relevant standards as stipulated in section 1 of Annex 4 of the TM. A monitoring and audit program during the construction stage shall be implemented to verify the effectiveness of the control measures and to ensure that the construction dust levels are brought under control.

(vii) If the Applicant anticipates a significant construction dust impact that will likely cause exceedance of the recommended limits in the TM at the ASRs despite incorporation of the dust control measures stated in (vi) above, a quantitative assessment shall be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow the methodology below when carrying out the assessment.

Quantitative Assessment Methodology

(viii) The Applicant shall apply the general principles enunciated in the modeling guidelines while making allowance for the specific characteristic of each project. This specific methodology must be documented to such a level of detail (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants for input to the modeling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. Prior agreement of the general methodology between the Applicant and the Director is required.

(ix) The Applicant shall identify the key/representative air pollutant parameters (types of pollutants and the averaging time concentration) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the project.

(x) The Applicant shall calculate the cumulative air quality impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary tables and pollution contours, for comparison with relevant air quality standards and for examination of the land use implications of these impacts. Plans of suitable scale should be used for presentation of pollution contours for determining buffer distances required.

Mitigating Measures for Non-compliance

(xi) The Applicant shall propose remedies and mitigating measures, where the predicted air quality impact exceeds the criteria set in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.

Submission of Model Files

(xii) All input and output file(s) of the model run(s) shall be submitted to the Director in electronic format.

3.5.2 Noise Impact

3.5.2.1 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.

3.5.2.2 The noise impact assessment shall include the following:

(i) Determination of Assessment Area

The "Assessment Area" for the noise impact assessment shall include all areas within 300 m from the project boundary. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300 m from the project boundary, provides acoustic shielding to those receivers further from the site.

(ii) Provision of Background Information and Existing Noise Levels

The Applicant shall provide all background information relevant to the project, including relevant previous or current studies. Unless necessary for planning standards, it will not be necessary to investigate the existing noise levels.

(iii) Identification of Noise Sensitive Receivers

(a) 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, Layout Plans and other published plans, including any land use and development applications approved by Town Planning Board. For planned noise sensitive land uses without committed layouts, the Applicant shall work out indicative site layouts based on the relevant planning parameters.

(b) 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.

(iv) Provision of an Emission Inventory of the Noise Sources

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

(v) Construction Noise Assessment

(a) 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.

(b) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be explored and recommended as far as practicable. In case blasting cannot be avoided, it should be carried out, as far as practicable, outside the sensitive hours of 7 p.m. to 7 a.m. on Monday to Saturday and any time on a general holiday, including Sunday. For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate. For tunneling, noise impact (including air-borne noise and structure noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machine/ raise boring machine or equivalent, shall be assessed.

(c) 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 task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

(d) The applicant shall confirm whether construction work during restricted hours is required. If affirmative, the applicant shall evaluate whether construction works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming construction works. Reference shall be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process the Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.

3.5.3 Water Quality Impact

3.5.3.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively. The assessment area for the water quality impact assessment shall include all areas within 5 km from the project boundary, including the Fish Culture Zones at Ma Wan.

3.5.3.2 The Applicant shall within the assessment area identify and analyze in the assessment all physical, chemical and biological disruptions of marine, estuarine, fresh water or ground water system(s), catchment areas, stormwater pipeline/ sewerage, coastal waters, bathing beaches (gazetted and non-gazetted) and the Fish Culture Zones at Ma Wan arising from construction and operation of the project.

3.5.3.3 The Applicant shall include (1) the construction phase impacts on water quality at the site; and (2) the operational phase impacts on water quality downstream of the site due to the natural process of siltation, flows and water velocity, and re-suspensions of sediments. The assessment shall address the following:

(i) Collection and review of background information on the existing water system(s) and physical characteristics such as soil types and erodibility of the respective catchment(s) in particular for areas which might be affected by the project during construction works;

(ii) Characterisation of water quality, based on existing information or site surveys/ tests as appropriate, on the surrounding water systems and sensitive receivers which might be potentially affected by the project both during construction and operation. In particular water sample(s) shall be collected at the locations of the intake points both during dry and wet weather conditions and shall be tested for pollution;

(iii) Identification 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;

(iv) Identification of pertinent water quality objectives and establishment of other appropriate water quality criteria or standards for the water system(s) and all the sensitive receivers;

(v) Review of the specific construction methods and configurations, and operation of the Project. Identification of any alteration of watercourses;

(vi) Identification, analysis and quantification of all existing and likely future water pollution sources, including point discharges and non-point sources to surface water runoff. Field investigation and laboratory tests shall be conducted as appropriate. Establishment and provision of an emission inventory on the quantities and characteristics of all these pollution sources.

(vii) Prediction and quantification of impacts on the water system(s) and sensitive receivers due to those alteration and changes identified in (v) and the pollution sources identified in (vi). Possible impacts during construction include changes in sediment erosion (both overland and in-stream) and deposition and the effects on the aquatic organism due to such changes. The prediction shall take into account and include likely different construction stages or sequences. The impacts during operation stage on the ecology in the natural streams due to the interception of stream flows at the intake structures shall be assessed. The impacts on the nearby beaches due to the diversion of the storm flows to the new outfall shall also be assessed.

(viii) Assessment of cumulative impacts due to other projects, activities or pollution sources within a boundary of 300 m from both sides along the identified water system(s) and sensitive receivers, shall be predicted and quantified;

(ix) Establishment of the project specific water quality objectives, criteria and standards for the water system(s) and all the sensitive receivers;

(x) Assessment and evaluation of any potential water quality impacts on the identified water system(s) and sensitive receivers due to sewerage arising from on-site construction workforce. Any effluent generated will require appropriate treatment and disposal;

(xi) Identification, assessment and evaluation of any potential stormwater impacts on the identified water system(s) and sensitive receivers during the construction stages as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in item (vi) above. Best management practices shall be recommended to reduce any potential impacts arising from stormwater runoff during both construction and operational phases;

(xii) Preparation of an erosion control plan for construction as per the assessments carried out as described in item (v) above. This erosion control plan shall incorporate details such as locations, sizes and types of erosion control measures as well as best management practices, which will be used to reduce stormwater pollution arising during construction works;

(xiii) Should dredging be required, the applicant shall evaluate and quantify the possible impacts arising from the dredging works. The Applicant shall identify clearly the nature, extent and rate of the dredging works, and the volume of sediment disturbed. Appropriate laboratory tests such as the elutriate tests (USACE) and sediment pore water (interstitial water) analyses shall be performed on the sediment samples to simulate and quantify the degree of mobilization of various contaminants such as metals, ammonia, trace organic contaminants such as PCBs, PAHs, TBT and chlorinated pesticides into the water column during dredging. Suitable mud dredging disposal methods shall be recommended to reduce any adverse effects found;

(xiv) In case of small scale dredging works and with the prior written approval by the Director, the Applicant shall assess the potential increase in turbidity and suspended solids levels in the water column due to disturbance of marine sediments during dredging. The potential for release of metals, ammonia, trace organic contaminants such as PCBs, PAHs, TBT and chlorinated pesticides during dredging shall also be addressed using the chemical testing results derived from sediment samples collected on site and relevant historic data;

(xv) In case of large scale dredging works, the Applicant in addition to the above assessment shall conduct a full scale mathematical modelling which include simulating situation during various construction phases and upon completion of dredging, assessing both the local and global effects on flow regime, erosion and sediment pattern and water quality due to the interim and ultimate alteration of shoreline and bathymetry as a result of dredging marine sediment. The modelling assessment shall take into account the additional pollution loadings and oxygen demand exerted by sediment disturbed and any fill materials. The mathematical modelling requirements are set out in Annex A attached to this Study Brief;

Waste Water and Non-point Sources Pollution

(xiii) Proposals for effective and practicable infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during the construction and operation stages to reduce the water quality impacts to within acceptable levels of standards. Requirements to be incorporated in the project contract document shall also be proposed;

(xiv) Best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate. Attention shall be made to the water quality control and mitigation measures recommended in the ProPECC paper on construction site drainage;

(xv) Evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water quality criteria, standards or guidelines; and

Protection of Water Gathering Ground

(xvi) Specification of an emergency contingency plan for the construction and operation phase of the project to contain and remove all accidental spillage along roads at short notice and to prevent and or to minimize the quantities of contaminants from reaching water gathering grounds.

3.5.4 Waste Management Implications

3.5.4.1 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.

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

(i) Analysis of Activities and Waste Generation

Identification of the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities;

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation and on-site or off-site re-use shall be fully evaluated. Measures which can be taken in the planning and design stages e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered;

(b) After considering all the opportunities for reducing waste generation and maximizing re-use, 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 shall be described in detail. Pretreatment processes for slurry before disposal shall be addressed in details. The disposal method recommended for each type of waste shall take into account the result of the assessment in (c) below; and

(c) The impact caused by handling (including labeling, packaging & storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures proposed. This assessment shall cover the following areas:

- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge; and
- public transport.

3.5.5 Ecological Impact (Both Terrestrial and Aquatic)

3.5.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM, respectively. The assessment area for the purpose of terrestrial ecological assessment shall include all areas within 500 m distance from the site boundary of the land based works areas as shown in Figure 1, or the area likely to be impacted by the project. For aquatic ecology, the assessment area shall be the same as for water quality assessment described in Section 3.5.3.1.

3.5.5.2 In the ecological impact assessment, the Applicant shall examine the flora, fauna and other components of the ecological habitats within the assessment area. The aim shall be to protect, maintain or rehabilitate the natural environment. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the project, including the impacts of any haul roads and temporary access. The potential impact on water quality and marine ecology from the discharge of stormwater into the coastal waters during the operational phase shall also be addressed.

3.5.5.3 The assessment shall include the following:

(i) A review of the findings of relevant studies and collating all the available information regarding the ecological characters of the assessment area;

(ii) Evaluation of the information collected and identification of any information gap relating to the assessment of potential ecological impacts to the terrestrial and aquatic environment;

(iii) Carrying out the necessary field surveys (the duration of which shall be at least 4 months and shall cover the wet season) and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;

(iv) Establishing the general ecological profile and describing the characteristics of each habitat found; major information to be provided shall include:

(a) Description of the physical environment;

(b) Preparation of habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats in the assessment area;

(c) Definition and characterization of the ecological characteristics of each habitat type including size, vegetation type, species present, dominant species found, species diversity and abundance, community structure and inter-dependence of the habitats and species, and presence of any features of ecological importance;

(d) Presentation of representative color photos of each habitat type and of any important ecological features identified;

(e) Investigation and description of the existing wildlife uses of relevant habitats with special attention to those wildlife groups and habitats of conservation interest; including country parks, special areas, natural stream courses, rivers, woodlands and shrublands; vertebrates, macroinvertebrates, and any other habitats and wildlife groups identified as having special conservation interests by the study; and

(f) Listing of species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or red data books;

(v) Description of all recognized sites of conservation importance in the proposed development site and its vicinity and assessment of whether these sites will be affected by the proposed development or not;

(vi) Using suitable methodology, identification and quantification as far as possible of any direct, indirect, on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity, habitat fragmentation; and in particular the habitat loss and disturbance to wildlife during the construction stage, and operational impacts on aquatic life through periodic storm discharges at the portal;

(vii) Evaluation of the significance and acceptability of the ecological impacts identified using well-defined criteria;

(viii) Recommendations for all possible alternatives, such as modifications of route alignment, layout and design and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified, such as reinstatement of habitats temporarily affected by the proposed development to its original state and if possible with some enhancement features;

(ix) Evaluation of the feasibility and effectiveness of the recommended mitigation measures and definition of the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;

(x) Determination and quantification as far as possible of the residual ecological impacts after implementation of the proposed mitigation measures;

(xi) Evaluation the severity and acceptability of the residual ecological impacts using well-defined criteria; and

(xii) A review of the need for and recommendation for any ecological monitoring programme required.

3.5.6 Impact on Cultural Heritage

3.5.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM, respectively.

3.5.6.2 The Applicant shall identify and establish a comprehensive inventory of sites of archaeological interest located within or in close proximity to the project area, that might be affected. The inventory shall include pre-1950 buildings and structures, post-1950 building and structures of high architectural and historical significance, and historic landscape features (e.g. sites of historical events, sites providing a significant historical record, a setting for buildings/ monuments of architectural/ archaeological importance, historic field patterns, tracks, fish ponds and cultural element (i.e. fung shui woodlands and clan grave)). The information of all the identified archaeological sites and historic buildings and structures including their ownerships, historical background, 1:1000 scale location plans, photographs and the like shall be provided. A plan showing the location of both the proposed works and all identified sites of cultural heritage shall be included.

3.5.6.3 Any physical disturbances caused by works during construction and operation of the project to the built heritage, village settlements (such as Po Kwong Yuen Monastery (a Grade III historic building), Chuk Lam Sam Yuen (a Grade III historical building), Tung Po To, Lo Wai Tsuen and Kwong Pan Tin San Tsuen), other identified archeological sites, and historic buildings and structures shall be identified and avoided. Direct and indirect impacts (including visual impact, impacts due to demolition and vibration associated with the construction activities of the Project) on all the identified archaeological sites, historic buildings and structures, and historic village settlements shall be assessed. Appropriate presentation methods, such as perspective drawings, plans and section/ elevation diagrams, photo retouching and photomontage, shall be used for the visual impact assessment and the recommended mitigation measures.

3.5.6.4 The Applicant shall assess the extent to which those sites of cultural heritage might be affected and recommend possible alternatives (such as other feasible tunnel alignment options, modification of design and construction method, and so forth). Practicable monitoring and mitigation measures including identification of implementation agents and periods to avoid or minimize the impacts on each of the identified cultural heritage resources shall be recommended.

3.5.7 Hazard To Life

3.5.7.1 If there is overnight storage of explosives on site, and the storage or blasting location could adversely impact on populated areas or on any Potentially Hazardous Installations nearby, particularly the Yau Kom Tau Water Treatment Works, the Applicant shall follow the criteria for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting hazard assessment and include the following in the assessment:

(i) Identification of all hazardous scenarios associated with the transport, storage and use of explosives for blasting operations;

(ii) Execution of a Quantitative Risk Assessment expressing population risks in both individual and societal terms;

(iii) Comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM; and

(iv) Identification and assessment of practicable and cost effective risk mitigation measures.

3.5.8 Fisheries Impact

3.5.8.1 The Applicant shall follow the criteria and guidelines for assessing fisheries impact as specified in Annexes 9 and 17 of the TM.

3.5.8.2 The assessment area shall include the Fish Culture Zones at Ma Wan.

3.5.8.3 The study shall review and collate existing information to provide adequate and accurate data for prediction and evaluation of impacts of the proposed project on fisheries.

3.5.8.4 The fisheries impact assessment shall include the following major tasks:

(i) Description of the physical environmental background;

(ii) Description and quantification of the existing fisheries activities;

(iii) Description and quantification of the existing fisheries resources;

(iv) Identification of parameters and areas that are important of fisheries;

(v) Identification and quantification of any direct, indirect, on-site and off-site impacts to fisheries;

(vi) Evaluation of impacts and proposals for any practical alternatives or mitigation measures to prevent or minimize adverse impacts on fisheries; and

(vii) A review of the need for and recommendations of any fisheries monitoring and audit programme required.

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. The Applicant shall also propose real-time reporting of monitoring data for the Project through a dedicated internet website.

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

5. SUMMARY OF ENVIRONMENTAL OUTCOMES

5.1 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, and environmental benefits of environmental protection measures recommended.

6. DURATION OF VALIDITY

6.1 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.

7. REPORT REQUIREMENTS

7.1 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.

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

(i) 50 copies of the EIA report in English and 80 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, any 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.

7.3 The Applicant shall, upon request, make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

7.4 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 Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF) version 4.0 or later), 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. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.

7.4 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.

7.5 When the EIA Report and the Executive Summary are made available for public inspection under section 7(1) of the EIAO, 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 up to date electronic copies.

7.6 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.

8. OTHER PROCEDURAL REQUIREMENTS

8.1 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.

8.2 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-120/2001), 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.

May 2001
Environmental Assessment and Noise Division
Environmental Protection Department

Annex A

Water Quality Modelling Requirements

Modelling Software - General

1. The modelling software shall be fully 3-dimensional capable of accurately simulating the stratified condition, salinity transport, and effect of wind and tide within the model area.

2. The modelling software shall consist of hydrodynamic and particle dispersion modules. The hydrodynamic module shall have been proven with successful applications locally and overseas.

3. The hydrodynamic module shall be strictly mass conserved at all levels.

Model Details - Calibration & Validation

4. No field data collection is required for model calibration for this study. However, the models shall be properly calibrated and validated before its use in this study in the marine waters in the area including North Western, Victoria Harbour, Western Buffer, and Southern Water Control Zones, defined under the Water Pollution Control Ordinance (WPCO), with the field data collected by:

• Hydraulic and Water Quality Studies in Victoria Harbour (1987)
  
• Port and Airport Development Strategy - Enhancement of WAHMO Mathematical Models (1990)
  
• Strategic Sewage Disposal Scheme Stage II - Oceanic Outfall, Oceanographic Surveys and Modelling (1992)
  
• Update on Cumulative Water Quality and Hydrological Effect of Coastal Developments and Upgrading of Assessment Tool (1998)
  
• EPD's routine monitoring data
  
• Tidal data from HK Observatory, Macau and relevant Mainland Authorities.

5. Tidal data shall be calibrated and validated in both frequency and time domain manner.

6. For the purpose of calibration and validation, the model shall run for not less than 15 days of real sequence of tide (excluding model spin up) in both dry and wet seasons with due consideration of the time required to establish initial conditions.

7. In general the hydrodynamic models shall be calibrated to the following criteria:

Model Details - Simulation

8. The impacts due to the sediment release during dredging have to be assessed using the particle dispersion module. The modelling results shall be qualitatively explainable. The sediment transport process of settling, resuspension and sedimentation shall be incorporated into the model.

9. The models shall at least cover the Hong Kong waters, the Pearl Estuary and the Lema Channel to incorporate all major influences on hydrodynamic. A fine grid model shall be used for detailed assessment of this study. It shall cover at least the Western Buffer, Victoria Harbour, Eastern Buffer and Southern Water Control Zones, defined under the WPCO.

10. In general, grid size at the area affected by the project shall be less than 400 m in open waters and less than 75 m around sensitive receivers. The grid schematisation shall be agreed with the Director. All models shall either be dynamically linked to a far field model or form part of a larger model by gradual grid refinement.

Modelling Assessment

11. Scenarios to be assessed shall cover all phases of development being considered. Corresponding bathymetry and coastline shall be adopted in the model set up.

12. The hydrodynamic model shall be able to reproduce (with proper model spin up) at least a real sequence of 15 days spring-neap tidal cycle in both dry season and wet season.

13. The results shall be assessed for compliance of Water Quality Objectives. Daily sedimentation rate shall be computed and its ecological impact shall be assessed where appropriate.

14. The impact on all sensitive receivers shall be assessed.

15. All modelling input data and results shall be submitted in digital media to the Director.