Environmental Impact Assessment Ordinance (Cap. 499), Section 5 (7)

 

Environmental Impact Assessment Study Brief No. ESB-110/2003

 

Project Title :

      Hong Kong – Zhuhai – Macao Bridge 

 

       Hong Kong Section and North Lantau

 

       Highway Connection

 

      (hereinafter known as the "Project")

 

 

Name of Applicant :

Highways Department, the Government of the Hong Kong Special Administrative Region
  (hereinafter known as the "Applicant")

 

 

 

1.      BACKGROUND

 

            1.1       An application (No. ESB-110/2003) 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 8 October 2003 with a project profile (No. PP-201/2003) (the Project Profile).

 

1.2              The scope of the Project is to provide the “Hong Kong – Zhuhai – Macao Bridge (HZMB) Hong Kong Section (HKS) and North Lantau Highway Connection (NLHC)” (the Project), a dual-3 lane highway from the boundary of the Hong Kong Special Administrative Region (HKSAR) to the North Lantau Highway, as shown in Appendix A and described below :

 

(i)                 A highway of about 5km in length between the HKSAR boundary and the landing point at Northwest Lantau, named as HZMB HKS, which is tentatively planned to be constructed as trestle bridge structures.  At the western end of this section of highway, it will be connected to the HZMB Zhujiang Section (ZS) at the Mainland/HKSAR boundary.

 

(ii)                Another highway of about 5km in length, with link roads, between the landing point and the North Lantau Highway, named as NLHC, which is tentatively planned to be constructed as either in (a) bored tunnel from the landing point to the east tunnel portal near the Airport Channel (for Alignment 1 as shown in Appendix A) or (b) trestle bridge structures crossing the Airport Channel and as elevated road and bridge structure on the Airport Island or along the Airport Channel (for Alignment 2 as shown in Appendix A).

 

(iii)              The connection to the North Lantau Highway at the Airport Island is only an initial proposal.  In the longer term and depending on the future traffic growth, the highway will be extended across the waters east of the Airport Island and then connect to North Lantau Highway near Tai Ho.

 

(iv)              There will be refinement of the highway alignment within the tentative study envelope as shown in Appendix A.

           

            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 and the associated activities 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 to avoid and minimize the potential environmental impacts to the ecological sensitivity areas in Lantau Island and other sensitive uses; to compare the environmental benefits and dis-benefits of each of the different options; to provide reasons for selecting the preferred option(s) and to describe the part of environmental factors played in the selection;

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

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

(vi)              to identify and quantify any potential losses or damage to flora, fauna and natural habitats and to propose measures to mitigate these impacts;

(vii)to identify any negative impacts on site of cultural heritage and to propose measures to mitigate these impacts;

(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

 

              The scope of this EIA study shall cover the Project mentioned in sub-section 1.2 above.  Information on the potential impacts on the environment within the HKSAR boundary arising from any associated works of the Project outside the HKSAR boundary, and in combination with those impacts arising from the Project, shall also be provided to facilitate the Director’s consideration on the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project.  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 water quality impact caused by dredging, piling, fill extraction, filling and any other marine works activities during construction, in particular the potential release of toxic contaminants, and as a result of changes to the flow regime, flushing capacity, and water quality in Hong Kong waters during operation of the Project;

 

(ii)                the potential impact on the hydrodynamic effects and water quality in the Airport Channel and Tung Chung Bay arising from the construction of the bridge piers and any reclamation for highway interchanges across the channel between the Airport Island and Lantau Island; as well as the potential water quality impact on Tai Ho Bay and Tai Ho streams arising from the construction of the Project;

 

(iii)              the potential water quality impact caused by the disposal of the storm-water runoff from the highway during the operation of the Project;

 

(iv)              the potential impact to the ecological sensitive areas, including the following and any other sensitive areas that may be identified during the course of the EIA study:

(a)         the vicinities along the marine portion of the Project which are frequented by the Chinese White Dolphins;

(b)        the Sites of Special Scientific Interest (SSSI) at San Tau Beach and Tai Ho on Lantau;

(c)         the nursery and breeding grounds for horseshoe crabs along the northwestern Lantau coastline;

(d)        the proposed Lantau North (Extension) Country Park;

(e)         Sha Chau and Lung Kwu Chau Marine Park;

(f)          Scenic Hill on Airport Island which might support a remnant population of the Romer’s Tree Frog;

(g)         Mai Po and Inner Deep Bay Ramsar Site;

(h)         the potential marine parks at southwestern Lantau.

 

(v)               the potential aquatic and terrestrial ecological impacts arising from the construction and operation of the Project, including loss of habitats and disturbance to wildlife;

 

(vi)              the potential impacts on the local erosion and sedimentation patterns in northwestern Lantau and Deep Bay, including the mudflats in San Tau and in Deep Bay, during the construction and operation of the Project;

 

(vii)            the potential fisheries impacts on capture and culture fisheries during the construction and operation of the Project, including the potential loss of fishing grounds, spawning and nursery grounds of fish and shrimp, impacts on oyster farming in Deep Bay;

 

(viii)           the potential noise and air pollution impacts to sensitive receivers during the construction and operation of the Project;

 

(ix)              the potential landscape and visual impacts caused by highway structures on existing and planned sensitive receivers, in particular, on residents of Tung Chung, visitors on the Airport Island, Tung Chung Cable Car passengers and villagers in the vicinity of the Project such as Sham Shek Tsuen, San Shek Wan, Sha Lo Wan Tsuen, Tin Sam, San Tau and Tai Ho Valley, during the construction and operation of the Project;

 

(x)               the potential impacts on sites of cultural heritage likely to be affected by the construction works of the Project, in particular on archaeological sites at San Shek Wan, Sha Lo Wan, Sha Lo Wan (West), San Tau, Ha Law Wan and Tai Ho;

 

(xi)              the potentialimpacts of various types of wastes to be generated from the construction and operation of the Project, in particular the excavated materials from constructing the bridge on land, the dredged sediment when constructing the bridge structures in marine waters and, any other construction waste and chemical waste to be generated from the construction and operation of the Project; and

 

(xii)            the potential cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed and planned developments in the vicinity of the Project, and that those impacts may have a bearing on the environmental acceptability of the Project.  Consideration shall be given to account for the impacts from likely concurrent projects such as the Phases III & IV of the North Lantau Development, the Tung Chung – Ngong Ping Cable Car, the New Contaminated Mud Disposal Facility at Airport East, the Tonggu Channel of Shenzhen Port, the 132 kV overhead pole & underground cables from Tung Chung Town Substation to Cheung Sha Substation, the future Road P1 at North Lantau, the future development on the Airport Island, the proposed submarine gas pipeline system from Tuen Mun to Tung Chung and associated offtake and pigging station at Chek Lap Kok (as detailed in Project Profile No. PP-199/2003) and the Zhujiang Section of the Hong Kong – Zhuhai – Macao Bridge, in particular the consequential effect in Hong Kong waters due to the overall changes to flow regime and flushing capacity at Pearl River Estuary.

 

3.3    Consideration of Alternative Alignment Options and Construction Methods

 

3.3.1    The Need of the Project

 

            The Applicant shall study and review the need of the Project as outlined in sub-section 1.2 above, and provide information/proof to justify the need.  The Applicant shall explain clearly the purpose and objectives of the Project and describe the scenarios with and without the Project.

 

3.3.2    Consideration of Different Alignment Options and Built-forms

 

In addition to the proposed alignment options mentioned in sub-section 1.2 above, the Applicant shall consider other feasible alignment options for the Project, taking on board the relevant findings of those options already addressed in the previous studies.  Alternative built-form (such as tunnel) and design of the highway shall also be reviewed and investigated.  A comparison of the environmental benefits and dis-benefits of possible alignment options and alternative built-forms and design shall be made with a view to recommending the preferred option to avoid adverse environmental impact on the Lantau Island to the maximum practicable extent.  In particular, consideration shall be given to avoid or minimize the disturbance to the ecosystems close to the landing points and where the bridge connects to the North Lantau Highway, including inter-tidal zone and mudflats, along the northwestern Lantau coastline, and to maximize the setback from the aviation fuel storage at Chek Lap Kok Airport so as to minimize the potential hazard impacts to the Project.

 

3.3.3    Consideration of Alternative Construction Methods and Sequences of Works

 

            Having regard to the cumulative effects of the construction period and the severity of the construction impacts to the affected sensitive receivers, the EIA study shall explore alternative construction methods (including those indicated in the Project Profile and other possible methods to be investigated during the course of the EIA study) and sequences of works for the Project, with a view to avoiding prolonged adverse environmental impacts to the maximum practicable extent.  A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.

 

3.3.4   Selection of Preferred Scenario

 

Taking into consideration the findings resulting from sub-sections 3.3.2 and 3.3.3 above, the Applicant shall recommend/justify the selection of the preferred scenario that will avoid or minimize adverse environmental effects arising from the Project, and adequately describe the part that environmental factors played in arriving at the final selection.

 

3.4    Technical Requirements

 

            The Applicant shall conduct the EIA study to address all environmental aspects as described in sub-sections 3.1, 3.2 and 3.3 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; with consideration be given to extend the area to include major emission sources that may have a bearing on the environmental acceptability of the Project.  It will have to includeareas where the air quality may be potentially affected by the Project, in particular areas close to the road network affected by traffic generated from this Project.  Such assessment shall be based on the best available information at the time of the assessment.  In particular, the assessment shall take into account the impacts of major emission sources from the Black Point Power Station, Castle Peak Power Station and Chek Lap Kok Airport.  The emissions from associated works of the Project shall also be included in determining the cumulative impacts.  Besides, if the likely concurrent projects as mentioned in sub-section 3.2 (xii) above and any other concurrent projects are identified relevant during the course of the EIA study, its possible emissions shall also be taken into account in the air quality impact assessment.

 

3.4.1.3     The Applicant shall assess the construction dust impact arising from the land based works of the Project and the exhaust emission impacts from the vehicles, tunnel portals and vent shafts, if any, during operation of the Project with reference to the relevant sections of the guidelines in Appendices B-1 to B-3, or other methodology as agreed by the Director.  The Applicant shall note that the “Odour Impact” in sub-section 3.8 of Appendix B-1 is unlikely to be relevant to this Project unless there are major changes in the Project or circumstances during the course of this EIA study.

 

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 representative existing and planned/committed ASRs that would likely be affected by all identified potential adverse environmental impacts arising from the Project, both on-site and off-site, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans.  The Applicant shall select assessment points of the identified ASRs that represent the worst impact point of these ASRs.  A map clearly showing the locations and descriptions such as names of buildings, uses and heights 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 sub-section 3.4.1.4(i)(a) 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, tunnel portals and vent shafts, etc.  Confirmation regarding the validity of the assumptions adopted 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 under normal operating conditions.  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)        The air pollution impacts of future road traffic shall be calculated based on the highest emission strength from road vehicles 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.  The Applicant shall also take into account the different fuel standards between Hong Kong and the Mainland as well as in Macao, and assess the resultant implications on road traffic air pollution impacts to Hong Kong.  The Fleet Average Emission Factors used in the assessment shall be agreed with the Director.  All the traffic flow data and assumptions that used in the assessment shall be clearly and properly documented in the EIA report.

 

(c)        If vehicular tunnels and/or full enclosures are to be proposed in the Project, it is the responsibility of the Applicant 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".  When assessing air quality impact due to emissions from tunnels/full enclosures, the Applicant shall ensure prior agreement with the relevant tunnel ventilation design engineer over the amount and the types/kinds of pollutants emitted from these tunnel/full enclosures; and such assumptions shall be clearly and properly documented in the EIA report.

 

(v)          Quantitative Assessment Methodology

 

(a)The Applicant shall apply the general principles enunciated in the modelling guidelines in Appendices B1 to B3 while making allowance for the specific characteristic of the Project.  This specific methodology must be documented in such level of details, preferably assisted with tables and diagrams, to allow the readers of the EIA report to grasp how the model has been set up to simulate the situation under study without referring to the model input files.  Detailed calculations of air pollutants emission rates for input to the modelling shall be presented in the EIA report.  The Applicant must ensure consistency between the text description and the model files at every stage of submissions for review.  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 concentrations) to be evaluated and provide explanation for selecting such parameters for assessing the impact from the Project.

 

(c)        The Applicant shall calculate the overall cumulative air quality impact at the ASRs identified under sub-section 3.4.1.4 (ii) above 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(s) 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 contours to allow buffer distance requirements to be determined properly.

 

(d)        If there is any direct technical noise remedy recommended in the study, its air quality implication 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 enclosures are proposed, then portal emissions of the tunnel/enclosed road sections and air quality inside the tunnel/enclosed road sections shall also be addressed.  The Applicant shall highlight clearly the locations and types of agreed noise mitigating measures (where applicable), be they barriers, tunnel/road enclosure and their portals, and affected ASRs, 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 other associated constraints on future land use planning shall be agreed with the relevant government departments/authorities and be clearly documented in the EIA report.  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

 

                        3.4.2.1The Applicant shall follow the criteria and guidelines for evaluating and assessing both the construction and operational noise impacts arising from the Project as stated in Annexes 5 and 13 of the TM, respectively.

 

3.4.2.2The 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 Annex A of the Project Profile (No. PP-201/2003).  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.  Similarly, subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at distance >300m which would be affected by the construction and operation of the Project.

 

            (ii)            Provision of Background Information and Existing Noise Levels

 

(a)                 The Applicant shall provide all background information relevant to the Project, including relevant previous or current studies.  Unless required for determining the planning standards, such as those for planning of fixed noise sources, no existing noise levels are r­equired except as set out below.

 

(b)                 For ground-borne noise impact, the background information and existing noise levels shall be measured and described in a way sufficient for identification and prediction of noise impacts, and for formulation of noise criteria.  Where necessary, baseline noise surveys shall be carried out to determine the existing noise conditions inside NSRs likely to be affected during the construction and operation of the Project.  The type and duration of baseline surveys shall be such that there will be adequate information taking account of natural variation to define the existing conditions.  Where appropriate, results from relevant past studies should be used.

 

            (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 Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans.  Photographs of all existing NSRs shall be appended to the EIA report.

 

            (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, the Applicant should use the relevant planning parameters to work out representative site layouts for operational noise assessment purpose.

 

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

 

The Applicant shall provide an inventory of noise sources including representative construction equipment for construction noise assessment such as for tunnelling and other construction works, and traffic flow/fixed plant equipment, as appropriate, for operational noise assessment.  Confirmation on the validity of the inventory shall be obtained from the relevant government departments/authorities and documented.

                       

            (v)           Construction Noise Assessment

 

(a)                The assessment shall cover the cumulative noise impacts due to the construction works of the Project and other likely concurrent projects as mentioned in sub-section 3.2 (xii) above and any other relevant concurrent projects identified during the course of the EIA study.

 

(b)               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.  In case blasting works will be involved, 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 in associated with the removal of debris and rocks should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate.

 

(c)                If tunnelling works will be involved, noise impact (including air-borne noise and structure-borne noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machine or equivalent, shall be assessed.  If tunnel boring machine is used and it is likely that ground-borne noise will affect NSRs, the assessment criteria and methodology/model for ground-borne noise shall be agreed with the Director (with reference to sub-section 4.4.2(c) of the TM) prior to obtaining the empirical parameters required in the ground-borne noise model.

           

            (d)        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.

 

(e)        The Applicant shall formulate a reasonable construction programme as far as practicable such that no work will be required in the restricted hours as defined under the Noise Control Ordinance (NCO).  In case the Applicant needs to evaluate whether construction works in restricted hours as defined under the NCO are feasible or not in the context of programming construction works, reference should 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.

 

            (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 report.

 

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.  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.

 

The Applicant shall provide input data sets of traffic noise prediction model adopted in the EIA study as requested by the Director for the following scenarios:

(1)unmitigated scenario at assessment year;

(2)mitigated scenario at assessment year; and

(3)prevailing scenario for indirect technical remedies eligibility assessment;

 

The data shall be in electronic text file (ASCII format) containing road segments, barriers and noise sensitive receivers information.  The data structure of the above file shall be agreed with the Director.  CD-ROM(s) containing the above data shall be attached in the EIA report.

 

(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 the Project 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 direct technical remedies in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM by 1 dB(A) or more.  Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs as far as possible should be clearly quantified and laid down.  The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.  In order to clearly present the extents/locations of the recommended noise mitigation measures, plans prepared from 1:1,000 or 1:2,000 survey maps showing the mitigation measures (e.g. enclosures/barriers, low noise road surfacing, etc.) shall be included in the EIA report.

 

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 shall provide in the EIA report 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 the control centre and/or road tunnel, if any, the following assessment shall be followed.

 

                        (b1)       Assessment of Fixed Source Noise Levels

 

The Applicant shall calculate the expected noise using standard acoustics principles.  Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst case scenario. The Applicant shall calculate the noise levels taking into account correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites.

 

(b2)      Presentation of Noise Levels

 

The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

 

A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

 

(b3)      Proposals for Noise Mitigation Measures

 

The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

 

            (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 for this water quality impact assessment shall cover the Deep Bay, North Western, North Western Supplementary, Western Buffer, Victoria Harbour, Southern, and Second Southern Supplementary Water Control Zones (as shown in Appendix C) as designated under the Water Pollution Control Ordinance (WPCO).  This study area could be extended to include other areas such as stream courses and the associated water system if they are found also being impacted during the course of the EIA study and have a bearing on the environmental acceptability of the Project.  The EIA study shall assess the water quality impacts due to the Project together with the Zhujiang section of the Hong Kong – Zhuhai – Macao Bridge.

 

3.4.3.3     The Applicant shall identify and analyse all physical, chemical and biological disruptions of marine, fresh water or ground water system(s), catchment area(s), stormwater pipeline and coastal water arising from the construction and operation of the Project.

 

3.4.3.4     The Applicant shall predict, quantify and assess any water quality impacts arising from the Project on the water system(s) and the sensitive receivers by appropriate mathematical modelling and/or other techniques proposed by the Applicant and agreed with the Director.  The water quality models shall at least cover the Hong Kong waters, the Pearl River Estuary and Lema (Dangan) Channel to incorporate all major influences on hydrodynamic and water quality to Hong Kong waters.  The mathematical modelling requirements are set out in Appendix D to this study brief.  Possible impacts due to dredging, fill extraction, filling, mud/sediment transportation and disposal activities shall include but not be limited to changes in hydrology, flow regime, sediment erosion and deposition pattern, water and sediment quality, downstream salinity profile and effects on the flora and fauna due to such changes in the study area.  The prediction shall include possible different construction stages or sequences, and different operational stages.  Affected sensitive receivers shall be identified by the assessment tool with indications of degree of severity.

 

3.4.3.5     The Applicant shall take into account and include likely different construction and operational stages or sequences, including maintenance dredging (if any) of the Project in the assessment.  The assessment shall have regard to the frequency, duration, volume and flow rate of the discharges and its pollutant and sediment loading.  Reference shall be made to available information in previous studies including, but not limited to, those listed in Appendix D to this study brief.  Essentially the assessment shall address the following:

 

(i)              Collection and review of background information on the existing and planned water system(s) and their respective catchments and sensitive receivers which might be affected by the Project during construction and operation.  Consideration shall also be taken for any sensitive receivers in the Mainland waters being likely affected by the construction and operation of the Project in HKSAR waters;

 

(ii)            Characterization of water and sediment quality of the water system(s) and respective catchments and sensitive receivers which might be affected by the Project during construction and operation based on existing information or appropriate site survey and tests;

 

(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, including those highlighted in sub-section 3.2 above.  The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans;

 

(iv)          Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in sub-section 3.4.3.5(i) above and particularly those ecologically sensitive receivers (such as Chinese White Dolphins) for the assessments in sub-sections 3.4.5 and 3.4.6;

 

(v)            Review of the construction sequences and methods, and operation of the Project to identify any alteration of existing water courses, natural streams/ponds, shoreline or bathymetry, flow regimes, ground water levels and catchment types or areas;

 

(vi)          Identification and quantification of all existing and likely future water and sediment pollution sources and loading.  An emission inventory on the quantities and characteristics of all existing and likely future water pollution sources in the study area shall also be provided.  Field investigation and laboratory tests shall be conducted as appropriate to fill in any major information gaps;

 

(vii)         Prediction and quantification of impacts on the water system(s) and respective catchments and sensitive receivers that likely be affected by the alternations and changes identified in sub-section 3.4.3.5(v) above and the pollution sources identified in sub-section 3.4.3.5(vi) above.  Both the local and regional effects on erosion, sedimentation pattern, sediment dispersion, flow regime and water quality due to any dredging of marine sediment and backfilling activities, interim and ultimate alteration of shoreline and bathmetry as a result of any marine works for the Project shall be assessed through undertaking a mathematical modelling.  The location, nature, extent and rate of such works for the Project shall be clearly identified and evaluated.  The assessment shall also take into account the additional pollution loading and oxygen demand exerted by sediment disturbed and any fill materials;

 

(viii)       Identification and quantification of all dredging, fill extraction, filling, mud/sediment transportation and disposal activities and requirements.  Potential fill source and dumping ground to be involved shall also be identified and cumulative environmental impacts during its operation be evaluated.  Field investigation, sampling and chemical and biological laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate.  The potential release of contaminants during dredging and any other marine works shall be addressed using the chemical testing results derived from sediment samples collected on site and relevant historic data.  Appropriate laboratory tests such as elutriate tests 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 (including PCBs, PAHs, TBT and chlorinated pesticides) into the water column during dredging.  The ranges of parameters to be analyzed; the number, location, depth of sediment, type and methods of sampling; sample preservation; and chemical and biological laboratory test methods to be used shall be subject to the approval of the Director.  The Applicant shall also assess the pattern of the sediment deposition and the potential increase in turbidity and suspended solid levels in the water column and at the sensitive receivers due to the disturbance of sediments during dredging.

 

(ix)          Assessment of the cumulative impacts due to other related concurrent and planned projects, activities or pollution sources along the identified water system(s) and sensitive receivers that may have a bearing on the environmental acceptability of the Project through mathematical modelling.  This shall include the potential cumulative construction and operational water quality impact arising from, inter alia, the associated works of the Project, the activities and planned projects highlighted in sub-section 3.2 (xii) above;

 

(x)            The water quality impact assessment shall include an assessment of the inter-relation between tidal hydraulics, the bridge configuration and the flushing capacity with a view to mitigating the pollution problems experienced in Hong Kong waters as a result of any reduced flushing caused by the entire bridge (including both Hong Kong section and Zhujiang section) and other associated structures.  The water quality impact assessment shall also consider the disposal of the storm-water runoff from the highway during the operation of the Project;

 

(xi)          The Applicant shall devise mitigation measures to avoid or minimize the impacts identified above.  The residual impacts on the water system(s) and the sensitive receivers with regard to the relevant water and sediment quality objectives, criteria, standards or guidelines shall be assessed and quantified using appropriate mathematical models set out in Appendix D to this study brief.

 

(xii)         With reference to the assessment findings in sub-section 3.4.3.4 above, review relevant existing emergency response plan(s) and if necessary, propose modification(s) to the existing emergency response plan(s), or derive additional emergency response plan(s) as appropriate to deal with chemical spillage due to vehicle accidents during the operational stage of the Project.  The plan(s) shall aim to contain and/or remove the accidental spillage so as to prevent and/or minimize exposure to contaminants by environmentally sensitive receivers/areas such as Chinese White Dolphins and SSSI/marine park.

 

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.

 

3.4.4.2The 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. Pretreatment 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 reuse/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.

 

(d)             Cross-boundary movements of wastes, which shall meet the requirements under the Waste Disposal Ordinance and the Dumping at Sea Ordinance for reuse/disposal on land and marine disposal respectively, shall be addressed in detail including the movement of wastes within the HKSAR waters, and those outside the HKSAR boundary that may have potential cumulative impacts to Hong Kong.

 

(iii)              Dredging, Filling and Dumping

 

(a)              The categories of sediments which require different types of disposal in accordance with the Environment, Transport and Works Bureau Technical Circular (Works) No. 34/2002 shall be identified by both chemical and biological tests and their quantities shall be estimated.  If the presence of any seriously contaminated sediment which requires Type 3 disposal is confirmed, the Applicant shall identify the most appropriate treatment and/or disposal arrangement and demonstrate its feasibility;

 

(b)             Identification and evaluation of the best practicable construction methods, treatment methods, in-situ/ex-situ arrangements, reuse/ recycling options and construction programme to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not to be disturbed as far as possible;

 

(iv)              Waste Management Plan

 

If the construction method(s) adopted will lead to the generation of significant amount of wastes material, the Applicant shall, based on the assessment in sub-sections 3.4.4.2 (i) to (iii) above, include in the EIA report a Waste Management Plan specifying, where appropriate, the following elements to ensure that the potential environmental impacts will be avoided or minimized :

 

(a)              measures on how to maximize the waste(s) reduction;

 

(b)             quantity and nature of the waste(s) to be generated;

 

(c)              how, when and where waste(s) will be generated, stored, reused, recycled and disposed on-site/off-site; and

 

(d)             their disposal mean(s), route(s) and final destination(s) inside the HKSAR boundary and outside the HKSAR boundary which may have potential cumulative impacts to the environment of the HKSAR.

 

3.4.5            Ecological Impact (Both Terrestrial and Aquatic)

 

3.4.5.1     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.

 

3.4.5.2     The study area for the purpose of terrestrial ecological assessment 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, the study area shall be the same as the water quality impact assessment or the area likely to be impacted by the Project.

 

3.4.5.3     In the ecological impact assessment, the Applicant shall examine the flora, fauna and other components of the ecological habitats within the assessment area, including those highlighted in sub-section 3.2 above.  The aim shall be to protect, maintain or rehabilitate the natural environment.  In particular, the Project shall avoid impacts on recognized sites of conservation importance (e.g. Sites of Special Scientific Interest - SSSI) and other ecological sensitive areas (e.g. mud flat, mangroves).  The assessment shall identify and quantify as far as possible the potential ecological impacts arising from the construction and operation of the Project and in combination with those cumulative impacts from associated works of the Project, both directly by physical disturbance and indirectly by changes of water quality, sedimentation patterns and hydrodynamic regime.  Details of specific requirements on the assessment of impacts on the Chinese White Dolphin are stipulated in sub-section 3.4.5.5 below.

 

3.4.5.4The assessment shall include the following major tasks:

 

(i)          review the findings of relevant previous studies/surveys including but not limited to those in Appendix E, and collate all available information on the ecological characters of the study area;

 

(ii)               evaluate the information collected from sub-section 3.4.5.4 (i) above, and identify any information gap relating to the assessment of potential ecological impacts to the aquatic and terrestrial environment including the SSSI at San Tau Beach and Tai Ho, the proposed Lantau North (Extension) Country Park and the Sha Chau and Lung Kwu Chau Marine Park;

 

(iii)              carry out necessary field surveys, including any advanced surveys commenced before this EIA, for a total duration of at least 9 months (which shall cover the wet and dry seasons), and investigations to verify the information collected, fill the information gaps identified in sub-section 3.4.5.4 (ii) above and fulfill the objectives of the EIA study;

 

(iv)             establish an ecological profile of the study area based on data of relevant previous studies/surveys and results of additional ecological field surveys, and describe the characteristics of each habitat found.  Major information to be provided shall include:

 

(a)                 description of the physical environment, including all recognized sites of conservation importance and ecologically sensitive areas as listed in sub-section 3.2 above, and assess whether these sites will be affected by the Project or not;

 

(b)                 habitats maps of suitable scale showing the types and locations of habitats in the study area;

 

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

 

(d)                 representative colour photographs of each habitat type and any important ecological features identified;

 

(e)                 species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or Red Data Books;

 

(v)              investigate and describe the existing wildlife uses of the various habitats with special attention to those wildlife groups and habitats with conservation interests, including but not limited to the following:

 

(a)                 inter-tidal mudflat

(b)                 mangrove

(c)                seagrass bed

(d)               woodlands

(e)                sedge (Carex leucochlora)

(f)                 wetlands

(g)                natural stream courses and rivers

(h)                vertebrates (e.g. avifauna, mammals including bats, fish, herpetofauna)

(i)                  macroinvertebrates (e.g. butterflies, odonates, crustaceans)

(j)                 inter-tidal and sub-tidal benthic communities

(k)               Chinese White Dolphin (Sousa chinensis)

(l)                  Horseshoe crabs

(m)              SSSI at San Tau Beach and Tai Ho

(n)                Proposed Lantau North (Extension) Country Park

(o)               any other habitats and wildlife groups identified as having special conservation interests by this EIA study;

 

(vi)             using suitable methodology to identify and quantify as far as possible any direct, indirect (e.g. changes in water qualities, hydrodynamics properties, sedimentation rates and patterns, hydrology), on-site, off-site, primary, secondary and cumulative ecological impacts on the wildlife groups and habitats mentions in sub-section 3.4.5.4 (v) above, 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 following:

 

(a)                 habitat fragmentation to the northwestern Lantau;

(b)                 habitat loss and disturbance to wildlife during construction stage;

(c)                 potential impacts on horseshoe crabs and their nursery areas at northwest Lantau including the intertidal habitats at Sham Wat, Hau Hok Wan, San Tau, Tung Chung Bay and Tai Ho Bay;

(d)                 potential impacts associated with dredging, spoil disposal, extraction and placement of fill materials during construction, and in particular to the benthic communities;

(e)                 potential impacts to the Chinese White Dolphin including noise disturbance, adverse effect caused by possible underwater blasting or percussive pilling, possible contaminants from disturbed or dredged sediment, and loss of habitat and food supply;

(f)                   deterioration of environmental quality (e.g. water quality) and the subsequent impacts to the biological communities during operation stage;

(g)                 potential changes in sedimentation pattern of the mudflats at channel areas between Airport Island and Lantau Island as a result of the change in hydrology;

(h)                 potential impacts to the avifauna during operational stage due to the increase in noise, air pollution, lighting, glare and physical barrier; and

(i)                   potential disturbance to the Scenic Hill on Airport Island which might support a remnant population of the Romer’s Tree Frog.

 

(vii)            demonstrate that the ecological impacts due to the construction and operation of the Project are avoided by design to the maximum practicable extent;

 

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

 

(ix)              recommend all possible alternatives (such as different alignment, built-form and/or using other construction methods and sequences) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified, such as :

(a)                 measures to recreate the natural inter-tidal and sub-tidal habitats lost;

(b)                 reinstatement of habitats temporarily affected by the Project to its original state and if possible with some enhancement features;

 

(x)               evaluate the feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;

 

(xi)              determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;

 

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

 

(xiii)           review the need for and recommend any ecological monitoring programme required.

 

3.4.5.5           Impacts on Chinese White Dolphins

 

                        The assessment of impacts on Chinese White Dolphins (Sousa chinensis) shall include the following tasks:

(i)                 review and incorporate the findings of relevant studies including the previous dolphin studies, in particular the Population Biology of the Indo-Pacific Hump-backed Dolphin in Hong Kong Waters (Wildlife Monograph No. 144, page 1-65, published in October 2000), and collate all available information regarding the ecological characters of the study area;

(ii)               evaluate the information collected and identify any information gap relating to the assessment of potential impacts on the Chinese White Dolphins;

(iii)              as part of the requirement under sub-section 3.4.5.4 (iii) above, carry out necessary field surveys and investigations to verify the information collected, fill the information gaps identified, if any, and to fulfil the objectives of the EIA study;

(iv)             present all relevant survey findings including previous surveys conducted in relevant studies together with surveys carried out under this study;

(v)               assess the direct and indirect impacts, including water quality changes, release of toxic contaminants from sediments and their consequential ecological effects on the Chinese White Dolphins, during the construction and operational stages of the Project.  The assessment shall include:

 

(a)impacts and disturbance to the Chinese White Dolphins associated with dredging, fill extraction, filling, transportation and disposal of dredged sediment;

(b)impacts on the Chinese White Dolphins of the possible use of underwater blasting and underwater percussive pilling during construction stage, due to shock wave and underwater noise generated;

(c)predicted water quality changes and consequential ecological impacts on the Chinese White Dolphins.  Parameters to be assessed should include suspended solids, dissolved oxygen and contaminants present in disturbed or dredged sediment.  The significance and acceptability of the predicted changes shall be evaluated using well-defined criteria;

(d)ecological impacts on the Chinese White Dolphins associated with potential bioaccumulation of toxic contaminants released from the disturbed or dredged sediment.  The significance and acceptability of the predicted impacts shall be evaluated using well-defined criteria;

(e)potential risk on the Chinese White Dolphins colliding with marine vessels during construction;

(f)change in marine traffic volume, distribution and pattern during operational stage, and the consequential increase or decrease in risk of Chinese White Dolphins colliding with marine vessels; and

(g)potential risk on the Chinese White Dolphins due to chemical spillages arising from vehicle accident during operation of the Project.

(vi)          assess the overall cumulative ecological impacts on the Chinese White Dolphins due to this Project, any associated works of the Project, and any nearby development;

(vii)identify precautionary and mitigatory measures for protection of the Chinese White Dolphins.  The proposed measures may include, but need not be limited to, those recommended in previous EIA studies and dolphin studies;

(viii)review the need for and recommend any dolphin monitoring programme; and

(ix)assess and determine the acceptability of the overall residual ecological  impact on the Chinese White Dolphin, after implementation of the precautionary and mitigatory measures as identified under sub-section 3.4.5.5 (vii) above.

 

3.4.6            Fisheries Impact

 

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

 

3.4.6.2     The study area for fisheries impact assessment shall be the same as for marine water quality impact assessment as set out in sub-section 3.4.3.2 above and any areas likely to be impacted by the Project.  Special attention shall be given to the potential loss of fishing grounds, spawning and nursery grounds of fish and shrimp; adverse impacts on oyster farming (both raft and bed culture) within Deep Bay, the Ma Wan fish culture zone and the artificial reefs deployed within the Chek Lap Kok Marine Exclusion Zone 3 and the Sha Chau and Lung Kwu Chau Marine Park.

 

3.4.6.3     The assessment shall cover any potential impact on both capture and culture fisheries, during the construction and operation of the Project and in combination with those cumulative impacts from associated works of the Project.

 

3.4.6.4     Existing information regarding the study area shall be reviewed.  Based on the review results, the study shall identify data gap and determine if there is any need for field surveys.  If field surveys are considered necessary, the study shall recommend appropriate methodology, duration and timing for the field surveys.

 

3.4.6.5The fisheries impact assessment shall include the following:-

 

(i)                 description of the physical environmental background;

 

(ii)               description and quantification of existing capture fisheries, mariculture and oyster farming activities;

 

(iii)              description and quantification as far as possible the existing fisheries resources (e.g. major fisheries products and stocks);

 

(iv)             identification of parameters (e.g. water quality parameters), including any potential toxic contaminates released from the dredged sediment identified in sub-section 3.4.3.5 (viii) above and areas (e.g. breeding/spawning grounds and nursery grounds) that are important to fisheries and will be affected;

 

(v)               identification and quantification any direct/indirect and on-site/off-site impacts to fisheries (e.g. deterioration of fishing grounds, loss of breeding grounds, reduction of catch/productivity and water quality to mariculture and oyster farming activities);

 

(vi)             evaluation of impacts and make recommendations for any environmental mitigation measures with details on justification, description of scope and programme, feasibility as well as manpower and financial implications including those related to subsequent management and maintenance requirements of the proposals.  The Applicant shall evaluate the potential fisheries enhancement effect of the bridge piers and rock armour protection to the affected area; and

 

(vii)            review the need for monitoring during the construction and operation phases of the Project and, if necessary, propose a monitoring and audit programme.

 

3.4.7            Landscape and Visual Impact

 

3.4.7.1  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.

 

3.4.7.2  The study area for the landscape impact assessment shall include all areas within 100 metres from the Project.  The study area for the visual impact assessment shall be defined by the visual envelope from the Project.  The defined visual envelop must be shown on a plan.

 

3.4.7.3  The Applicant shall review relevant Outline Zoning Plans, Development Permissions Area Plans, Outline Development Plans, Layout Plans, other relevant published land use plans, planning briefs and studies which may identify areas of high landscape value and recommend country park, coastal protection area, conservation area, open space, amenity area and green belt designations.  Any guidelines on landscape strategies, landscape frameworks, urban design concepts, building height profiles, special design areas, landmarks, designated view corridors, open space networks, landscape links that may affect the appreciation of the Project shall also be reviewed.  The aim is to gain an insight to the future outlook of the area so as to assess whether the project can fit into surrounding setting.  Any conflict with statutory town plan(s) and any published land use plans should be highlighted and appropriate follow-up action should be recommended.

 

3.4.7.4  The Applicant shall describe, appraise, analyse and evaluate the existing and planned landscape resources and character of the study area.  A system shall be derived for judging landscape and visual impact significance as required under the TM.  Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape character areas and landscape resources and mapping of impact assessment shall be extensively used to present the findings of impact assessment.  Descriptive text shall provide a concise and reasoned judgment from a landscape and visual point of view.  The assessment shall be particularly focused on the sensitivity of the landscape framework and its ability to accommodate change.  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.  Cumulative landscape and visual impacts of the Project with other committed and planned developments, in particular the Tung Chung – Ngong Ping Cable Car project and other possible developments in the study area, shall be assessed.

 

3.4.7.5  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 with regard to views from both ground level, sea level and elevated vantage points;

 

(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;

 

(iv)Description of the severity of visual impacts in terms of nature, distance and number of sensitive receivers.

 

3.4.7.6    The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area.  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 shall also include consideration of potential enhancement of existing landscape and visual quality.  The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.

 

3.4.7.7    The mitigation measures shall include preservation of vegetation and natural coastline, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, woodland restoration, compensatory planting, provisioning/ reprovisioning of amenity areas and open spaces, minimization of noise barriers, design of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing and planned land uses.  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 bridge structures and noise barriers, presentation of photomontages of the Project in the existing rural setting and planned setting illustrating the effectiveness of the proposed mitigation measures shall be included.

 

3.4.7.8         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.  In particular, the landscape and visual impacts of the Project with and without mitigation measures shall also be properly illustrated in existing and planned setting by computer-generated photomontage so as to demonstrate the effectiveness of the proposed mitigation measures.  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.

 

3.4.8           Impact on Cultural Heritage

 

3.4.8.1        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.

 

3.4.8.2        The cultural heritage impact assessment shall include terrestrial and marine archaeological investigation as well as built heritage investigation.  The Applicant shall refer to Appendix F for the detailed requirements.

 

(i)           Terrestrial Archaeological Investigation

 

The study areas for terrestrial archaeological investigation shall include areas within 50 metres from the recommended alignment of the Project and works areas that may have adverse impacts on known and unknown archaeological sites.  Special attention shall be paid to the archaeological sites at San Shek Wan, San Tau, Sha Lo Wan, Sha Lo Wan (West), Ha Law Wan and Tai Ho.  The Applicant shall engage a qualified archaeologist who shall obtain a License from the Antiquities Authority before undertaking the field evaluation under the provision of the Antiquities and Monuments Ordinance (Cap. 53).

 

(ii)          Marine Archaeological Investigation

 

The Applicant shall engage a qualified marine archaeologist who shall obtain a License from the Antiquities Authority under the provision of the Antiquities and Monuments Ordinance (Cap.53) to identify whether there is any possible existence of sites or objects of cultural heritage, for example shipwreck, within any seabed areas that would be affected by the marine works of the Project.  Guidelines for the marine archaeological investigation are set out in the Annex to Appendix F.

 

(iii)        Built Heritage Investigation

 

The Applicant shall identify all sites of historic buildings and structures based on the result of desktop research and field evaluation, and establish a comprehensive inventory of these sites that might have the potential to be affected by the Project.  Historic buildings and structures include a variety of forms with a wide range of different functions like domestic, working and cultural uses, places of worship, houses, agricultural buildings, boundary stones and walls, workshops etc.  Special attention shall be paid to the areas of historic interest including Kau Liu, San Tau, Tin Sum, Sha Lo Wan, San Shek Wan, Tai Ho and Pak Mong.  A plan showing the location of both the proposed work areas and all sites of historic buildings and structures identified is required.  The investigation shall be undertaken by an expert in cultural heritage.

 

(iv)        In the event that the investigations as stated in sub-sections 3.4.8.2 (i), (ii) and (iii) prove to be inadequate, the Applicant shall undertake supplementary studies as agreed by the Director.  The Applicant can make necessary reference to Appendix F on the “Criteria for Culture Heritage Impact Assessment”.

 

3.4.8.3        The Applicant shall demonstrate that the disturbance, including access, to those sites of cultural heritage are avoided to the maximum practicable extent by modification of the alignment, layout and design of the Project.   For those sites of cultural heritage that might still be directly and indirectly affected by the Project, the Applicant shall recommend practicable mitigation measures and monitoring to avoid or keep the adverse impacts on the site of cultural heritage to the minimum.   A checklist including all the affected sites of cultural heritage, impacts identified, recommended mitigation measures as well as the implementation agent and period shall also be included in the EIA report.

 

3.4.9    Hazard To Life

 

3.4.9.1  The Applicant shall follow the criteria and guidelines for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting hazard assessment for the potential risk to workers during construction stage and to the travelers using the Project during operation due to the aviation fuel storage at Chek Lap Kok Airport.  The hazard assessment shall include the following :

 

(i)          Identification of all credible hazardous scenarios associated with the aviation fuel storage at Chek Lap Kok Airport, which may cause fatalities on the Project during construction and operational phases;

 

(ii)           Execution of a Quantitative Risk Assessment to determine risks to the surrounding population in both individual and societal terms during construction and operational phases of the Project;

 

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

 

(i)                  Identification and assessment of practicable and cost effective risk mitigation measures to demonstrate the compliance with the Risk Guidelines during construction and operational phases of the Project; and

 

(ii)                The methodology of hazard assessment shall be agreed with the Director taking into account relevant previous studies (e.g. the chapter of “Hazard to Life” in the EIA Report for “Tung Chung – Ngong Ping Cable Car Project” - Register No. AEIAR-074/2003).

 

3.4.9.2  If there is overnight storage of explosives on construction site and the storage location is in close proximity to populated areas and/or Potentially Hazardous Installation site(s), the Applicant shall follow the criteria and guidelines for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting hazard assessment for construction stage and include the following in the assessment :

 

(i)Identification of all credible hazardous scenarios within the boundaries of the construction site during transport, storage and use of explosives for blasting operations;

 

(ii) Execution of a Quantitative Risk Assessment to determine risks to the surrounding population 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, to determine the acceptability of the assessed risk;

 

(iv)Identification and assessment of practicable and cost effective risk mitigation measures to demonstrate the compliance with the Risk Guidelines; and

 

(v)               The methodology of hazard assessment shall be agreed with the Director taking into account relevant previous studies.

 

3.4.10            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.

 

3.4.11            Environmental Monitoring and Audit (EM&A) Requirements

 

3.4.11.1           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.

 

3.4.11.2         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.

 

3.4.11.3  The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix G 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:

 

(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 sub-section 5.2 (i) aboveas 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 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 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 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 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 sub-section 1.2 of this EIA study brief and in Project Profile (No. PP-201/2003), 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.

 

 

 

 

--- END OF EIA STUDY BRIEF ---

 

 

 

November 2003

Environmental Assessment and Noise Division,

Environmental Protection Department

 

 


Appendix A | Appendix B1 | Appendix B2 | Appendix B3 | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Annex to Appendix F