1. BACKGROUND

1.1 An application (No. ESB-094/2001) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 11 December 2001 with a project profile (No. PP-156/2001) (the Project Profile).

1.2 The Applicant proposes to construct an elevated dual 2-lane carriageway of trunk road standard connecting Trunk Road T3 in Tai Wai and Sha Tin Road in Sha Tin, with connections to Shing Mun Tunnel Road and Che Kung Miu Road, as shown in drawings STZ0143 and STZ0144 in the Project Profile.

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 Project and related activities that take 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 Project;

(ii) the conditions and requirements for the detailed design, construction and operation of the 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 Project and associated works together with the requirements for carrying out the Project;

(ii) to identify and describe elements of community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment and the associated environmental constraints;

(iii) to provide information on the consideration of alternatives with a view to minimizing the potential environmental impacts, particularly air quality and noise impacts to sensitive receivers;

(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(v) to identify any adverse impact from the construction and operation of the Project on the relevant water system(s);

(vi) to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;

(vii) to identify potential losses or damage to flora, fauna and natural habitats and, if necessary, to propose mitigation measures;

(viii) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;

(ix) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;

(x) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) 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;

(xi) 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 cumulative effects and reduce them to acceptable levels;

(xii) to investigate the extent of the 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; and

(xiii) to design and specify environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

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 (hereinafter referred to as "the TM") are fully complied with.

3.2 The Scope

3.2.1 The scope of this EIA study shall cover the Project mentioned in Section 1.2 above. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study:

(i) the potential noise and air quality impacts from the construction and operation of the Project to sensitive receivers along or near the Project, taking into account the cumulative impact from the operation of existing roads in the vicinity of the Project , e.g. Trunk Road T3, Tai Po Road - Tai Wai section, Tai Po Road - widened Sha Tin section, Shing Mun Tunnel Road, and Tai Chung Kiu Road, and the cumulative impact from the construction of Trunk Road T3, and Tai Po Road - widened Sha Tin section;

(ii) potential water quality impact from the construction and operation of the Project on the relevant water system(s), such as Shing Mun River Channel and Kwun Yam Shan Stream;

(iii) confirmation on minimal or no potential losses or damage to flora, fauna and natural habitats and, if otherwise, the potential ecological impacts from the Project;

(iv) waste arising as a result of the construction and operation activities of the Project; potential land contamination from land to be resumed for the Project, particularly the site currently used for the open storage of engineering materials and equipment;

(v) potential landscape and visual impacts from the construction and operation of the project;

3.3 Consideration of Alternatives

Justifications and Consideration of Built-forms

3.3.1 The Applicant shall provide justification regarding how the proposed scheme is arrived at, including the descriptions of the environmental factors considered in the option selection. Alternative built-forms (such as tunnel along part of the proposed alignment) of the highway shall be reviewed and investigated. A comparison of the environmental benefits and dis-benefits of alternative built-forms shall be made with a view to recommending the preferred option to avoid/minimize adverse environmental effects to the most reasonable and practicable extent, particularly operational noise and air quality impacts.

Consideration of Alternative Construction Methods and Sequences of Works

3.3.2 Taking into consideration the combined effect with respect to the severity and duration of the construction impacts to the affected sensitive receivers, the EIA study shall explore alternative construction methods and sequences of works for the Project, with a view to avoid prolonged adverse environmental impacts to the most reasonable and practicable extent. A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.

Selection of Preferred Scenario

3.3.3 Taking into consideration of the findings in Sections 3.3.1 and 3.3.2 above, the Applicant shall recommend/justify the adoption of the preferred built-form and construction method that will avoid or minimize adverse environmental effects to the most reasonable and practicable extent arising from the Project, in particular on the operational noise and air quality impacts.

3.4 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects as described in Sections 3.1 and 3.2 above. The EIA study shall include the following technical requirements on specific impacts.

3.4.1 Air Quality Impact

3.4.1.1 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.

3.4.1.2 The study area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of the project site, yet it shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project. Such assessment shall be based on the best available information at the time of the assessment. In particular, the assessment for the operation stage shall take into account the impacts of major emission sources such as Trunk Road T3, Tai Po Road - Tai Wai section, Tai Po Road - widened Sha Tin section, Shing Mun Tunnel Road, and Tai Chung Kiu Road, whereas the assessment for the construction stage shall take into account the impacts of major emission sources from other constructions such as Trunk Road T3, and Tai Po Road - widened Sha Tin section.

3.4.1.3 The Applicant shall assess the air pollutant concentrations in accordance with the latest set of Guidelines for Local-Scale Air Quality Assessment Using Models issued by the Environmental Protection Department, HKSAR. (Ref. EPD's home page under items for Air - http://www.info.gov.hk/epd) or other methodology as agreed by the Director.

3.4.1.4 The air quality impact assessment shall include the following:

(i) Background and Analysis of Activities

(a) Provide background information relating to air quality issues relevant to the Project, e.g. description of the types of activities of the Project that may affect air quality during both construction and operation stages.

(b) 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 and alternative modes of operation to minimize the constructional and operational air quality impact respectively.

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

(ii) Identification of Air Sensitive Receivers (ASRs) and Examination of Emission/Dispersion Characteristics

(a) Identify and describe existing and planned/committed ASRs that would likely be affected by the Project, including those earmarked on the relevant Outline Zoning Plan(s). The Applicant shall select the assessment points of the identified ASRs that represent the worst impact point of these ASRs. A map showing the location and description such as name of building, use and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources shall also be given.

(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact related to the Project based on the analysis of the constructional and operational activities in (i) above. Examples of construction stage emission sources include stock piling, blasting, concrete batching, marine construction plant and vehicular movements on unpaved haul roads on site, etc. Examples of operational stage emission sources include exhaust emissions from vehicles, vent shafts (if any), etc. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction material handled, traffic mix and volume on a road etc.) shall be obtained from the relevant government departments/authorities and documented.

(iii) Construction Phase Air Quality Impact

(a) The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. A monitoring and audit programme for the construction phase shall be devised to verify the effectiveness of the control measures proposed so as to ensure proper construction dust control.

(b) If the Applicant anticipates that the Project will give rise to significant construction dust impacts likely to exceed the recommended limits in the TM at the ASRs despite the incorporation of the dust control measures proposed in accordance with sub-section 3.4.1.4(iii)(a) above, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow the methodology set out in sub-section 3.4.1.4(v) below when carrying out the quantitative assessment.

(iv) Operational Phase Air Quality Impact

(a) The Applicant shall calculate the expected air pollutant concentrations at the identified ASRs based on an assumed reasonably worst case scenario. The evaluation shall be based on the strength of the emission sources identified in sub-section 3.4.1.4(ii)(b) above. The Applicant shall follow sub-section 3.4.1.4(v) below when carrying out the quantitative assessment.

(b) For calculation of future road traffic air pollution impacts, this shall be based on the highest emission strength from the road within the next 15 years upon commencement of operation of the proposed road. The Applicant shall demonstrate that the selected year of assessment represents the highest emission scenario given the combination of vehicular emission factors and traffic flow for the selected year.

(c) If vehicular tunnels and/or full enclosures are proposed in the project, it is the responsibility of the Consultants to ensure that the air quality inside these proposed structures shall comply with EPD's "Practice Note on Control of Air Pollution in Vehicle Tunnels". For assessment of air quality impact due to emissions from tunnels/full enclosures, the Applicant shall ensure that the emission amount and the pollutants emitted from these tunnel/full enclosures have been agreed with the relevant tunnel ventilation design engineer and documented.

(v) Quantitative Assessment Methodology

(a) The Applicant shall conduct the assessment with reference to the relevant sections of the modelling guidelines stated in section 3.4.1.3 or any other methodology as agreed with the Director. The specific methodology must be documented in such level of details (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 modelling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. In case of doubt, prior agreement between the Applicant and the Director on the specific modelling details should be sought.

(b) 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.

(c) 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 table and pollution contours, to be evaluated against the relevant air quality standards and on any effect they may have on the land use implications. Plans of a suitable scale should be used to present pollution contour to allow buffer distance requirements to be determined properly.

(d) If there are any direct technical noise remedies recommended in the study, the air quality implication due to these technical remedies shall be assessed. For instance, if barriers that may affect dispersion of air pollutants are proposed, then the implications of such remedies on air quality impact shall be assessed. If tunnel or noise enclosure is proposed, then portal emissions of the tunnel/enclosed road section and air quality inside the enclosed road section shall also be addressed. The Applicant shall highlight clearly the locations and types of agreed noise mitigating measures, ASR's as well as tunnel/road enclosure and their portals (where applicable) on the contour maps for easy reference.

(vi) Mitigation Measures for Non-compliance

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 the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.

(vii) Submission of Model Files

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

3.4.2 Noise Impact

3.4.2.1 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.

3.4.2.2 The noise impact assessment shall include the following :

(i) Determination of Assessment Area

The study area for the noise impact assessment shall generally include all areas within 300m from the Project shown in drawings STZ0143 and STZ0144 of the Project Profile (No. PP-156/2001) or other Project alignments as identified in the EIA. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer project limit, provides acoustic shielding to those receivers at further distance behind. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at larger distance which would be affected by the construction and operation of the Project. The noise assessment for the operation stage shall take into account the impacts of major emission sources such as Trunk Road T3, Tai Po Road - Tai Wai section, Tai Po Road - widened Sha Tin section, Shing Mun Tunnel Road, and Tai Chung Kiu Road, whereas the noise assessment for the construction stage shall take into account the impacts of major emission sources from other constructions such as Trunk Road T3, and Tai Po Road - widened Sha Tin section.

(ii) 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 (such as ventilation systems of traffic noise enclosures), no existing noise levels are particularly required.

(iii) Identification of Noise Sensitive Receivers

(a) The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plan(s).

(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. For planned noise sensitive land uses without committed site layouts (or reasonable setback if such site layouts are not available), the Applicant should use the relevant planning parameters to work out site layouts for operational noise assessment purpose. Such site layouts or setbacks shall be agreed by relevant authorities or developer.

(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 and fixed plant equipment (e.g. ventilation systems of traffic noise enclosures), as appropriate, for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities and documented.

(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 proposed as far as practicable.

(c) 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 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 in the EIA whether construction work during Restricted Hours as defined under the Noise Control Ordinance (NCO) would be carried out base on best available information. In case construction work during Restricted Hours is recommended in the EIA, noise assessment shall be carried out with reference to the relevant technical memoranda issued under 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.

(vi) Operational Noise Assessment

(a) Road Traffic Noise

(a1) Calculation of Noise Levels

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. Figures showing extents of new roads and existing roads shall be provided in the EIA.

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 traffic noise levels in respect of each road section and the overall noise levels from combined road sections (both new and existing) at NSRs.

The EIA shall contain sample calculations and input parameters for 10 assessment points as requested by the Director. Also, the Applicant shall provide the input data set of the traffic noise model in the format of electronic files in the EIA. The Applicant shall prepare and provide drawings (i.e., road-plots of the traffic noise model) of appropriate scale to show the road segments, topographic barriers, and assessment points of sensitive receivers input into the traffic noise model.

(a2) Presentation of Noise Levels

The Consultants shall present the existing and future noise levels in L10 (1 hour) at the NSRs on tables and plans of suitable scale.

A quantitative assessment at the NSRs for the proposed road alignments shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of 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 Technical Memorandum.

(a3) Proposals for Noise Mitigation Measures

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 in accordance with Section 6 in Annex 13 of EIAO-TM 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 and be protected by the provision of direct technical remedies should be provided. In order to clearly present the extents/locations of the recommended noise mitigation measures, plans prepared from 1:1000 or 1:2000 survey maps showing the mitigation measures (e.g., enclosures/barriers, low noise road surfacing, etc.) should be included in the EIA.

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. The Applicant should provide in the EIA the information of the recommended noise mitigation measures (such as barrier types, nominal dimensions at different cross-sections, extents/locations, lengths, mPD levels of barriers) in electronic format as agreed by the Director.

In case 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 Executive Council 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 set of three criteria:

(1) 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(1hr));

(2) 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

(3) the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0dB(A).

(b) Fixed Noise Sources

If the Project will cause any fixed noise sources, such as the ventilation systems of any road enclosure, the Applicant shall approach the Director for detailed requirements for the assessment.

(vii) 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.

(viii) Evaluation of Constraints on Planned Noise Sensitive Developments/Landuses

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 agreed environmental requirements / constraints identified by the study to assess the development potential of concerned sites which shall be made known to the relevant parties.

3.4.3 Water Quality Impact

3.4.3.1 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.

3.4.3.2 The Study Area shall include, but not limited to, Kwun Yam Shan Stream, and up to 300 m along the Shing Mun River Channel from the boundary of the project site.

3.4.3.3 All physical, chemical and biological disruptions of Shing Mun River Channel, fresh/storm water or ground water system(s), including Kwun Yam Shan Stream, arising during the construction, operation of the Project shall be identified.

Shing Mun River Channel

3.4.3.4 The Applicant shall confirm if the Project will involve marine works such as dredging or bridge pier construction on Shing Mun River Channel. If negative, detailed water quality assessment regarding Shing Mun River Channel is not required. Nevertheless, the requirements and good site practices as stipulated in ProPECC Note 5/93 "Drainage Plan subject to Comment by the Environmental Protection Department" and ProPECC Note 1/94 "Construction Site Drainage" should be followed and specified in the Implementation Schedule of the EIA Report. If there will be marine works such as dredging or bridge pier construction on Shing Mun River Channel, the water quality impact assessment shall address the followings:

General

(i) Collection and review of background information on Shing Mun River Channel.

(ii) Characterization of water quality based on existing information or site surveys/tests as appropriate.

(iii) Identification and analysis of all existing and planned future activities and beneficial uses related to Shing Mun River Channel 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 Shing Mun River Channel and all the sensitive receivers.

(v) Review the specific construction methods and configurations, and operation of the Project. Identification of any alteration of watercourses, change of shoreline or bathymetry, change of flow regimes.

(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.

Impact Prediction

(vii) Prediction and quantification by mathematical modelling or other technique approved by the Director, of the impacts on the water system(s) and the sensitive receivers due to those alterations and changes identified in (v) and the pollution sources identified in (vi). Possible impacts include changes in flushing performance of the Shing Mun River Channel, water quality arising from any excavation of deposited wastes and soils and the effects on the aquatic environment due to such changes. The Applicant should minimise any reduction in flushing performance through appropriate design. If the changes in flushing performance are significant, the possible impacts shall include water quality impacts thereby arisen. The prediction shall take into account and include likely different construction stages or sequences, different operation stages. The flushing performance shall be predicted with the aid of a mathematical model that fulfills the following requirements. It shall be an open channel flow model of at least 1-dimensional, capable of reproducing the effects of variable cross-sectional area and alignment of the channel, tidal influence downstream, tributary and distributary flows, bed friction, equivalent frictional effects of the road structures; or other equivalent methods. The coverage of the model shall extend at least to the channel opening downstream, and 20 times the channel width at the bridge upstream, or the head of the channel. Assessment shall cover the typical spring and neap tides in wet and dry seasons. The Applicant shall produce a detailed methodology statement for the Director's approval before carrying out the mathematical prediction.

(viii) Cumulative impacts due to other projects; activities or pollution sources within a boundary around the Study Area to be agreed by the Director shall also be predicted and quantified.

Waste Water and Non-point Sources Pollution

(ix) Analysis on the provision and adequacy of existing and planned future facilities to reduce pollution arising from the non-point sources identified in (vi).

Mitigation

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

(xi) 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 Note 1/94 on construction site drainage.

(xii) 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.

3.4.3.5 The Applicant shall confirm if the Project alignment/structure will encroach Kwun Yam Shan Stream or other fresh/storm water or ground water system(s). If positive, the Applicant shall approach the Director for detailed requirements for the assessment. Nevertheless, the requirements and good site practices as stipulated in ProPECC Note 5/93 "Drainage Plan subject to Comment by the Environmental Protection Department" and ProPECC Note 1/94 "Construction Site Drainage" should be followed and specified in the Implementation Schedule of the EIA Report.

3.4.4 Waste Management Implications

3.4.4.1 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.

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

(i) 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 and operation activities of the Project, 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, on-site or off-site re-use and recycling 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. Pre-treatment processes for slurry before disposal shall be addressed in details. The disposal method recommended for each type of waste shall take into account of the result of the assessment in (c) below.

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

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

(iii) Land Contamination

(a) The Applicant shall identify all land lots/sites within the study area boundary which, due to their past or present land uses, are potential contaminated sites. A detailed account of the present activities and past land history in relation to possible land contamination shall be provided.

(b) The list of potential contaminants which are anticipated to be found in these potential contaminated sites shall be provided and the possible remediation options shall be discussed.

3.4.5 Ecological Impact

3.4.5.1 The Applicant shall provide a general description of the terrestrial and aquatic ecological environment around the Project, and summarize any potential ecological impact expected based on the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively.

3.4.5.2 The study area for the terrestrial ecological environment shall include all areas within 500 metres from the site boundary of the land based works areas or the area likely to be impacted by the Project. For aquatic ecology environment, the study area shall be the same as the water quality impact assessment or the area likely to be impacted by the Project, such as Kwun Yam Shan Stream.

3.4.5.3 If potential ecological impact is identified, the Applicant shall approach the Director for detailed requirements for the assessment of ecological impact.

3.4.6 Landscape and Visual Impact

3.4.6.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM for evaluating and assessing landscape and visual impacts of any above ground structures and work areas associate with the Project. Landscape and visual impacts during both construction and operation stages within the study area shall be assessed.

3.4.6.2 The assessment area for the landscape impact assessment shall include all areas within 500 metres from the Project. The study area for the visual impact assessment shall be defined by the visual envelope from the Project.

3.4.6.3 The Applicant shall review relevant outline development plans, outline zoning plans such as the Approved Sha Tin Outline Zoning Plan No. S/ST/15 (which may be updated from time to time), layout plans, other published land use plans, planning briefs and studies which may identify areas of high landscape value and recommend country park, open space and green belt designation. Any guidelines on landscape strategies, landscape framework, designated view corridors, open space network, landscape links and urban design concept that may affect the appreciation of the Project should also be reviewed. The aim is to gain an insight to the future outlook of the area affected so as to assess whether the project can fit into the surrounding setting. Any conflict with published land use plan(s) should be highlighted and appropriate follow-up action should be recommended.

3.4.6.4 The Applicant shall describe, appraise, analyze and evaluate the existing landscape resource and character of the assessment area. A system shall be derived for judging landscape and visual impact significance as required under the TM. 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 Project with the existing and planned landscape settings. The landscape impact assessment shall quantify the potential landscape impacts as far as possible so as to illustrate the significance of such impacts arising from the Project. Clear mapping of the landscape impact is required. A tree survey shall be carried out and the impacts on existing mature trees shall be addressed.

3.4.6.5 The Applicant shall assess the visual impacts of the Project. Clear illustrations including mapping of visual impact is required. The assessment shall include the following:

(i) Identification and plotting of visual envelop of the Project;

(ii) Identification of the key groups of sensitive receivers within the visual envelope (including the consideration of whether the Church of Jesus Christ of Latter-day Saints to the east of Villa Maria is a sensitive receiver) with regard to views from both ground level and elevated vantage points, such as those in residential developments, and visitors of open space including the Sha Tin Town Park and visitors of Hong Kong Heritage Museum and Tsang Tai Uk;

(iii) Description of the visual compatibility of the Project with the surrounding and the planned setting, and its obstruction and interference with the key views of the adjacent areas; and

(iv) The severity of visual impacts in terms of nature, distance and number of sensitive receivers shall be identified. Night-time glare shall also be considered in the assessment. 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.

3.4.6.6 The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape. In addition, alternative alignment, design and construction methods that would avoid or reduce the identified landscape and visual impacts shall be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The mitigation measures proposed shall not only be concerned with damage reduction but should also include consideration of potential enhancement of existing landscape. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.

3.4.6.7 The mitigation measures shall include preservation of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, provision of amenity areas, design of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing land use. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the Project. A practical programme and funding proposal for the implementation of the recommended measures shall be provided. For elevated structures and noise barriers, presentation of photomontages of the Project in the existing and planned setting illustrating the effectiveness of the proposed mitigation measures shall be included.

3.4.6.8 Annotated illustration materials such as coloured perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to fully illustrate the landscape and visual impacts of the Project to the satisfaction of the Director. All computer graphics shall be compatible with Microstation DGN file format. The Applicant shall record the technical details such as system set-up, software, data files and function in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustrations.

3.4.7 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 and the environmental benefits of environmental protection measures recommended.

3.4.8 Environmental Monitoring and Audit (EM&A) Requirements

3.4.8.1 The Applicant shall identify and justify 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.

3.4.8.2 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.

3.4.8.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix 1 to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

4. DURATION OF VALIDITY

4.1 This EIA study brief is valid for 36 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.

5. REPORT REQUIREMENTS

5.1 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.

5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary, or otherwise as agreed with the Director:

(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, addendum to the EIA report and the executive summary submitted in 5.2 (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.

5.3 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.

5.4 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 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 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. 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.

5.5 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.

5.6 When the EIA Report and the Executive Summary are made available for public inspection under s.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 updated electronic copies.

5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies 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.

6. OTHER PROCEDURAL REQUIREMENTS

6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.

6.2 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-156/2001), 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.

January 2002
Environmental Assessment and Noise Division,
Environmental Protection Department