Environmental
Impact Assessment Ordinance (Cap. 499)
Section
5 (7)(a)
Environmental
Impact Assessment Study Brief No. ESB-149/2006
Project
Title : Construction
of Cycle Tracks and the Associated Supporting
Facilities
from Sha Po Tsuen to
( hereinafter known as the “Project” )
( hereinafter
known as the “Applicant” )
1. BACKGROUND
1.1 An
application (no. ESB-149/2006) for an Environmental Impact Assessment (EIA)
study brief under section 5(1)(a) of the Environmental Impact Assessment
Ordinance (EIAO) was submitted by the captioned Applicant on 20 April 2006 with
a project profile (no. PP-288/2006).
1.2 The project is concerned with construction of
a cycle track to connect the existing cycle track networks at Yuen Long and
Sheung Shui and provision of supporting and recreational facilities. The proposed track will span from Sha Po
Tsuen in Yuen Long, along
(i)
5 places of
rest and 1 education centre;
(ii)
associated
streetscape, landscape, utilities diversions, traffic aids installation, street
lighting, water, sewerage and drainage works; and
(iii)
provision of
environmental mitigation measures.
1.3 The
project is a designated project by virtue of items P.1 and Q.1 of Schedule 2 of
the EIAO. In accordance with P.1, “A
residential or recreational development, other than New Territories exempted
houses within Deep Bay Buffer Zone 1 or 2” is a designated project. Q.1 specifies that “All projects
including new access roads, railways, sewers, sewage treatment facilities,
earthworks, dredging works and other building works partly or wholly in an
existing or gazetted proposed country park or special area, a conservation
area, an existing or gazetted proposed marine park or marine reserve, a site of
cultural heritage, and a site of special scientific interest” constitute
designated projects. In accordance
with section 5(1)(a), a person who is planning a designated project shall apply
to the Director for an environmental impact assessment study brief to proceed
with an environmental impact assessment study for the project.
1.4 Pursuant
to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the
Director) issues this Environmental Impact Assessment (EIA) study brief to the
Applicant to carry out an EIA study.
1.5 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 taking place concurrently. This information will contribute to
decisions by the Director on :
(i) the
overall acceptability of any adverse environmental consequences that are likely
to arise as a result of the proposed project;
(ii)
the conditions and requirements for the
detailed design, construction and operation of the proposed project to mitigate
against adverse environmental consequences wherever practicable; and
(iii)
the acceptability of residual impacts
after implementation of the proposed mitigation measures.
2. OBJECTIVES
OF THE EIA STUDY
2.1 The objectives of the EIA study are
as follows :
(i)
to describe the proposed project and
associated works together with the requirements for carrying out the project;
(ii)
to identify and describe the elements of
the community and environment likely to be affected by the proposed project
and/or likely to cause adverse impacts to the proposed project, including both
the natural and man-made environment;
(iii)
to
provide information on the consideration of alternatives to avoid and minimize
the potential adverse environmental impacts on the sensitive uses that may be
subject to the adverse environmental impacts of the proposed developments and
associated works; to provide justifications and constraints for selecting the
preferred option 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 (SRs) and
potential affected uses;
(v) to
identify and quantify any potential losses or damage to flora, fauna and
natural habitats;
(vi)
to identify any negative impacts on
sites of cultural heritage and propose measures to mitigate these impacts;
(vii)
to identify and quantify any potential
landscape and visual impacts and to propose measures to mitigate these impacts;
(viii)
to propose the provision of
infrastructure or mitigation measures so as to minimize pollution,
environmental disturbance and nuisance during construction and operation of the
project;
(ix)
to
investigate the feasibility, practicability, effectiveness and implications of
the proposed mitigation measures;
(x) to identify, predict and
evaluate the residual (i.e. after practicable mitigation) environmental impacts
and the cumulative effects expected to arise during the construction and
operation phases of the project in relation to the sensitive receivers and
potential affected uses;
(xi) to identify, assesses 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 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 provision
of any necessary modification; and
(xiii) to design and specify the environmental
monitoring and audit requirements, if required, to ensure the implementation
and the effectiveness of the environmental protection and pollution control
measures adopted.
3. DETAILED
REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
3.1.1 The
purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the
EIA report that the criteria in the relevant sections of the Technical
Memorandum on Environmental Impact Assessment Process (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 of the
Project Profile (no. PP-288/2006) and highlighted 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)
potential air quality impact from
construction of the Project, taking into account the cumulative impact from the
existing and planned sources of pollution in the vicinity of the Project and
during the operational stage air quality impact from the existing and planned
pollution sources in the vicinity on any part of the Project which would be
considered as air sensitive receivers (ASRs);
(ii)
potential noise impact from construction
of the Project, taking into account the cumulative impact from other concurrent
projects in the vicinity of the Project and during the operational stage noise
impact from the existing and planned noise sources in the vicinity on any part
of the Project which are identified to be noise sensitive receivers
(NSRs);
(iii)
potential water quality impact from construction and
operation of the Project on the relevant water system(s);
(iv)
potential impact of various types of waste arising from construction and operation of the
Project;
(v)
potential adverse impact from construction and
operation of the Project on the ecological sensitive areas, in particular Long
Valley, Mai Po Village SSSI, egretries/egret nesting colonies as well as
ecological mitigation areas identified in the vicinity of the Project, such as
compensatory plantation areas for drainage channel 60CD (i.e. Kam Tin River)
and Main Drainage Channel for Sheung Shui,
Fanling and Hinterland (i.e. Sheung Yue River);
(vi)
potential
fisheries impacts, especially the impact on fish ponds, including reinstated
fish ponds related to drainage channel projects 29CD (i.e. Ngau Tam Mei
Channel) and 60CD (i.e.
(vii)
potential landscape and visual impacts from
construction and operation of the Project;
(viii)
potential
impacts due to construction and operation of the Project and associated works
on sites of cultural heritage in the vicinity of the Project, in particular the
archaeological site located to the south of Mai Po Village SSSI.
3.3 Consideration
of Alternatives
Need for the Project
3.3.1 The
Applicant shall study and review the need for the Project and provide
information 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.
Consideration
of Different Alignment Options
3.3.2 In addition to the proposed alignment set
out in the Project Profile (no. PP-288/2006), the Applicant shall consider
other feasible alternative options for the proposed project, provide
justification for the selected alignment, including description of the
environmental factors considered in the alignment selection process and attempt
made to avoid ecological sensitive areas, such as conservation area, site of
special scientific interest (SSSI), egretries/egret nesting colonies and fish
ponds, and archaeological site(s).
Consideration of Alternative Construction Methods and
Works Sequences of Works
3.3.3 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 maximum practicable
extent. A comparison of the environmental benefits and dis-benefits of
applying different construction methods and sequence of works shall be made.
3.4 Technical
Requirements
3.4.1 The
Applicant shall conduct the EIA study to address all environmental aspects of
the activities as described in the Project Profile (no. PP-288/2006). The assessment shall be based on the
best and latest information available during the course of the EIA study. The EIA study shall include the
following technical requirements on specific impacts.
Definition
of Project Site Area
3.4.2 The Project site
shall cover the proposed cycle track and associated facilities/works, construction
footprint area, including works area, storage area, site office, haul roads,
etc., and the said areas shall be clearly demarcated on to scale plans.
3.4.3 Air Quality Impact
3.4.3.1 The
Applicant shall follow the criteria and guidelines stated in section 1 of Annex
4 and Annex 12 of the TM for evaluating and assessing the air quality impact.
Air Quality Impact during Construction Stage
3.4.3.2 During the
construction stage, if the Applicant anticipates significant construction dust
impact that will likely cause exceedance of the recommended limits in the TM at
the ASRs despite incorporation of dust control measures, a quantitative
assessment following the relevant technical requirements in sections 3.4.3.4 to
3.4.3.6 below shall be carried out to evaluate the construction dust impact at
the identified ASRs.
Air Quality Impacts during Operational Stage
3.4.3.3 For the air
quality impacts during the operational stage, if the Applicant anticipates
significant air quality impact that will likely cause exceedance of the
recommended limits in the TM on any part of the Project which would be
considered as ASRs in accordance with Annex 12 of the TM, despite incorporation
of control/mitigation measures, a quantitative assessment following the
relevant technical requirements in sections 3.4.3.4 to 3.4.3.6 below shall be
carried out to evaluate the operational air quality impact at the identified
ASRs.
Technical Requirements – General
3.4.3.4 Study
Area
(i) The
study area for construction and operational air quality impact assessments of
the Project shall be defined by a distance of 500m from the boundary of the Project
site area.
(ii)
The cumulative assessment for operational stage of
the Project shall take into account the impacts from major emission sources of
existing and/or planned air polluting uses.
(iii)
The cumulative assessment for the construction stage
shall take into account the impacts of major emission sources from other
concurrent construction projects.
3.4.3.5 The
Applicant shall assess the air pollutant concentrations with reference to the
Guidelines for Local-Scale Air Quality Assessment Using Models given in Appendices
A-1 to A-3 or other methodology as agreed by the Director.
3.4.3.6 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.
(b) Give
an account, where appropriate, of the consideration / measures that have been
taken into consideration in the planning of the Project to abate air pollution
impact. The Applicant shall
consider alternative construction methods/phasing programmes and alternative
modes of operation to minimize the construction and operational air quality
impacts respectively.
(c) For
the evaluation of cumulative air quality impacts during construction and
operational stages, present the background air quality levels in the study area.
(ii) Identification of ASRs
and Examination of Emission/ Dispersion Characteristics
(a)
Identify and describe representative existing and
planned/ committed ASRs that would likely be affected by the Project, 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, including plans and drawings
published by the Lands Department. The Applicant shall select the
assessment points of the identified ASRs such that they represent the worst
impact points of these ASRs. A map
showing the location and description including the names of buildings, their
uses and height of selected assessment points shall be given. 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 on the Project based on the
analysis of the construction and operational activities of the Project in section
3.4.3.6 (i) above. Examples of
construction stage emission sources include stockpiling, material handling and
vehicular movements on unpaved haul roads on site, etc. Examples of operational stage emission
sources include exhaust emissions from vehicles and odour emission from Sheung
Shui Slaughter House, sewage treatment works, and the proposed Poultry
Slaughtering Plant in Sheung Shui, etc..
Any concurrent projects identified relevant, their possible emissions
shall also be taken into account in the air quality assessment. Confirmation of the validity of the
assumptions and the magnitude of the activities shall be obtained from the
relevant government departments/parties and documented in the EIA report.
(iii) Construction
Phase Air Quality Impact
(a) The Applicant
shall follow the requirements of the Air Pollution Control (Construction Dust)
Regulation to ensure construction dust impact is controlled within the relevant
standards as stipulated in section 1 of Annex 4 of the TM. An audit
and monitoring program for the construction stage shall be devised to verify
the effectiveness of the control measures and to ensure that the construction
dust levels will be brought under proper
control. The Applicant shall follow
the methodology set out in section 3.4.3.6 (v) and (vi) below when carrying out
the quantitative assessment.
(iv)
Operational Phase Air Quality Impact
(a)
The Applicant shall assess the expected air
pollutant impacts at the identified ASRs based on an assumed reasonably
worst-case scenario under normal operating
conditions. The Applicant
shall follow the methodology set out in section 3.4.3.6 (v) and (vi) below when
carrying out the quantitative assessment.
(b)
For calculation of future road traffic air pollution
impact, this shall be based on the highest emission strength from adjoining
roads, including Castle Peak Road, San Tin Highway and Fanling Highway and
maintenance access roads of Kam Tin River and Ngau Tam Mei Channel namely Pok
Wai South Road and Yau Pok Road (for the existing scenario as maintenance
access roads and any proposal to change the current use of these roads, such as
opening up the roads to vehicles other than maintenance vehicles) within the
next 15 years upon commencement of operation of the Project. 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 Fleet Average Emission
Factors used in the assessment shall be agreed with the Director. If necessary, the Fleet Average Emission Factors shall be
determined by a motor vehicle emission model such as EMFAC-HK model to 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.
(v) Quantitative
Assessment Methodology
(a)
The Applicant shall conduct the quantitative
assessment with reference to relevant sections of the modelling guidelines
stated in section 3.4.3.5 above 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. Detailed calculations
of the pollutant emission rates shall be presented in the EIA report. The Applicant must ensure consistency
between the text description and the model files at every stage of submission. In case of
doubt, the Applicant shall seek and obtain prior agreement of the Director on
the specific modelling details.
(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 choosing these
parameters for assessment of the impact of the Project.
(c) The
Applicant shall calculate the cumulative air
pollutant concentrations 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 a summary table
and pollution contours, to be evaluated against the relevant air quality
standards and examination of the land use implications of these impacts. Plans of suitable scale should be used
for presentation of pollution contours to allow
proper determination of buffer distance requirements.
(vi) Mitigating
Measures for Non-compliance
(a) The
Applicant shall propose remedies and mitigating measures where the predicted
air quality impact exceeds the criteria set out 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
(a) All
input and output file(s) of the model run(s) shall be submitted to the Director
in an electronic format.
3.4.4 Noise Impact
3.4.4.1 The
Applicant shall follow the criteria and guidelines stated in Annexes 5 and 13
of the TM for evaluating and assessing the noise impact.
3.4.4.2 Noise
impact is not anticipated to arise from operation of the cycle track, hence
operational noise impact assessment is not required for the proposed cycle
track.
3.4.4.3 The noise
impact assessment for the proposed cycle track shall include the following :
(i) Determination
of Study Area
(a) The
study area for the noise impact assessment shall generally include areas within
300m from the Project site boundary or alternative Project alignment(s)
identified in the EIA. Subject to
the agreement of the Director, the study 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 distances
further away from the Project.
Subject to the agreement of the Director, the study area shall be
expanded to include NSRs at distances over 300m from the Project site boundary,
which would be affected by construction of the Project.
(ii) Provision
of Background Information and Existing Noise Levels
(a) The
Applicant shall provide background information relevant to the Project, e.g.
relevant previous or current studies.
Unless required for determining 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 the existing NSRs and 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, including plans
and drawings published by Lands Department. Photographs of the existing NSRs shall
be appended to the EIA report.
(b)
The Applicant shall select assessment points to
represent the 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 the name of building, use, and the floor 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 Emission Inventory of the Noise Sources
(a) The
Applicant shall provide an inventory of noise sources including representative
construction equipment for the construction noise assessment. Confirmation of the validity of the
inventory shall be obtained from the relevant government
departments/authorities and documented in the EIA report.
(v)
Construction Noise Assessment
(a)
The assessment shall cover the cumulative noise
impacts due to the construction works of the Project and other concurrent
projects identified during the course of the EIA study.
(b)
The Applicant shall carry out an assessment of noise
impact from construction (excluding percussive piling) of the Project during
daytime, i.e. 7 am to 7 pm, on weekdays other than general holidays in
accordance with methodology in sections 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.
(c)
To minimize the construction noise impact,
alternative construction methods to replace percussive piling shall be proposed
as far as practicable.
(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
tasks) 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, as far
as practicable, formulate a reasonable construction programme so 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 the 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 construction noise impact assessment for the restricted
hours, the Noise Control Authority will process 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 EIA
report.
Operational Noise
Assessment
3.4.4.4 Any part of
the Project identified to be NSRs in the EIA study, the Applicant shall assess
the impact on these NSRs from existing and planned noise sources in the
vicinity of the project following the criteria and guidelines set out in
Annexes 5 and 13 of the TM.
3.4.5 Water Quality Impact
3.4.5.1 The
Applicant shall follow the criteria and guidelines stated in Annexes 6 and 14
of the TM for evaluating and assessing the water quality impact.
3.4.5.2 The assessment area for the water
quality impact assessment shall include all areas within 500m from
the Project site boundary, including Kam Tin River, Ngau Tam Mei Drainage
Channel, San Tin Eastern Main Drainage Channel, Sheung Yue River, Shek Sheung
River, surrounding fish ponds, and wetland within the Conservation Area and
Deep Bay Buffer Zones. This
assessment area could be extended to include other areas such as stream courses
and the associated water systems in the vicinity being impacted by the Project.
3.4.5.3 The
Applicant shall identify and analyze physical, chemical and biological
disruptions of marine, estuarine or fresh water system(s), catchment area(s),
storm water channels, fish ponds and coastal water arising from construction
and operation of the Project
if found justifiable.
3.4.5.4 The
Applicant shall assess the water quality impact arising from construction and
operation of the Project.
Essentially, the assessment shall address the following :
(i)
Collect and review the background information on the
existing and planned water systems, their respective catchments and sensitive
receivers which might be affected by the Project;
(ii)
Characterize water and sediment quality of the water systems,
their respective catchments and sensitive receivers which might be affected by
the Project based on the existing best available information or through
appropriate site surveys and tests;
(iii)
Identify and analyze relevant existing and planned future
activities, beneficial uses and water sensitive receivers related to the
affected water system(s). The
Applicant shall refer to, inter alia, those developments and uses specified in
the relevant Outline Zoning Plans, Development Permission Area Plans, Outline
Development Plans, Layout Plans and any other relevant published land use
plans;
(iv)
Identify pertinent water and sediment quality objectives
and establish other appropriate water and sediment quality criteria or
standards for the water system(s) and all the sensitive receivers identified in
accordance with section 3.4.5.4 (i) (ii) and (iii) above, including ecological
sensitive receivers for the assessment covered in section 3.4.7;
(v)
Review the specific construction methods and
configurations, provisional site formation plan, and operation of the Project.
Identify any alteration of natural/artificial water courses, meanders, fish
ponds, wetlands, change of drainage channels, flow regimes, ground water levels
and catchment types or areas;
(vi)
Identify and quantify all existing, likely future water and
sediment pollution sources, and loadings.
An emission inventory of the quantities and characteristics of these
existing and likely future pollution sources in the study area shall also be
provided. Field investigation and
laboratory tests shall be conducted as appropriate to fill in relevant
information gaps;
(vii)
Assess the cumulative impacts due to other related
concurrent and planned projects and activities or pollution sources in the
study area along the identified water system(s) and sensitive receivers that
may have a bearing on the environmental acceptability of the Project;
(viii)
Assess and evaluate any potential water quality impact on
the identified water system(s), respective catchments and sensitive receivers
due to storm and surface water runoff and sewage arising from the construction
of the Project. Any effluent
generated will require appropriate collection, treatment and disposal to within
standards and objectives and criteria established in section 3.4.5.4 (iv) above;
(ix)
Assess and evaluate any potential water quality impact due
to sewage, storm water and surface runoff on the water system(s), respective
catchments and sensitive receivers during operation phase so as to reduce the
water and sediment quality impacts to within standards, objectives and criteria
established in section 3.4.5.4 (iv) above.
Best management practices shall be recommended to reduce any potential
impacts arising from storm water runoff during both construction and operation
phases;
(x)
Should dredging be required, the Applicant shall evaluate
and quantify the possible impacts arising from the dredging works and other
marine works. The Applicant shall
identify clearly the nature, extent and rate of the dredging works, and the
volume of sediment disturbed. Field investigation, sampling and laboratory tests to characterize
the sediment/mud concerned shall be conducted as appropriate. The potential release of contaminants
during dredging and other marine works shall be addressed using the chemical
testing results derived from sediment and marine water samples collected on
site and relevant historical data.
Appropriate laboratory tests such as elutriate tests in accordance with
the USACE method 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, oxygen demand, ammonia,
nutrients, 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 laboratory test methods to be used shall be subject
to the approval of the Director. Potential
fill source and dumping ground to be involved shall be identified. 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, dumping and other marine
works;
(xi)
In case of small scale dredging works and with the prior
written approval by the Director, the Applicant shall assess the potential
increase in turbidity and suspended solids levels in the related water
system(s) within the study sites.
The potential for release of contaminants during dredging shall also be
addressed using the chemical testing results derived from sediment samples
collected on site and relevant historic data;
Waste Water and
(xii)
Proposals
for effective and practicable infrastructure upgrading or provision, water
pollution prevention and mitigation measures to be implemented during
construction and operation stages to reduce the water quality impacts to within
acceptable levels of standards.
Requirements to be incorporated in the project contract document shall
also be proposed;
(xiii) Best
management practices to reduce storm water and non-point source pollution shall
be investigated and proposed as appropriate;
(xiv)
Evaluate and quantify residual impacts on the affected
water system(s) and the sensitive receivers with regard to the appropriate
water quality criteria, standards or guidelines; and
Protection Against Accidental Spillage
(xv) Specification
of an emergency contingency plan for the construction and operational phases of
the Project to contain and remove accidental spillage along the channels, the
access road(s)/haul road(s) at short notice and to prevent or to minimize the
quantities of contaminants getting into the surrounding water courses and
sensitive habitats.
3.4.6 Waste Management Implications
3.4.6.1 The
Applicant shall follow the criteria and guidelines stated in Annexes 7 and 15
of the TM for evaluating and assessing waste management implications.
3.4.6.2 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. The Applicant shall adopt design, general
layout, construction methods and programme to minimize
generation of public fill/inert construction
and demolition materials (C&DM) and maximize the use of public fill/inert
C&DM for other construction works.
(ii) Proposal
for Waste Management
(a)
Prior to considering
disposal options for various wastes, opportunities for reducing waste
generation, on-site/ off-site re-use and recycling shall be
evaluated. Measures which can be
taken in the planning and design stages e.g. by modifying design approach and
in the construction stage to maximize waste reduction shall be separately
considered.
(b)
After considering 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. The disposal method
recommended for each type of waste shall take into account the result of the
assessment in section 3.4.6.2 (ii) (c) below. The EIA report shall also state clearly
the transportation routings and the frequency of the trucks/vessels involved,
any barging point or conveyor system to be used, the stockpiling areas and the
disposal outlets for the wastes identified;
(c)
The impact caused by
handling (including labelling, packaging and 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 Assessment
(a)
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 should be provided; and
(b)
A list of potential contaminants which are
anticipated to be found in these potential contaminated sites should be
provided and the possible remediation options should be discussed.
3.4.7 Ecological Impact (Terrestrial and Aquatic)
3.4.7.1 The
Applicant shall follow the criteria and guidelines stated in Annexes 8 and 16
of the TM for evaluating and assessing the ecological impact.
3.4.7.2
The
Applicant shall consider alternative alignment to prevent locating the proposed
cycle track and associated facilities near the existing egretries/egret nesting
colonies.
3.4.7.3
The
assessment area for the purpose of terrestrial ecological assessment shall
include all areas within 500 metres from the Project site boundary and the
areas likely to be impacted by the Project. For aquatic ecology, the assessment area
shall be the same as the water quality impact assessment area described in
section 3.4.5.2.
3.4.7.4
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 section 3.2.1 above. The aim shall be to protect, maintain or
rehabilitate the natural environment.
In particular, the Project and associated works shall avoid impacts on
recognized sites of conservation importance and other ecological sensitive
areas. The assessment shall
identify and quantify as far as possible the potential ecological impact
arising from the construction and operation of the Project and associated
works.
3.4.7.5
As
construction works have the potential to generate noise to important area of
bird habitats including Wetland Buffer Area, Wetland Conservation Area, and Mai
Po and Inner Deep Bay Ramsar Site, migratory birds staying in these areas may
be affected by the noise produced during the construction, and possibly the
operation, of the cycle track. This
may lead to disturbance to the breeding and foraging behaviour of affected birds. These birds would be (a) those breeding at
the Mai Po Egretry; (b) using the fish ponds between
3.4.7.6
The
assessment shall include the following major tasks :
(i) review
the findings of relevant studies/surveys and collate all available information
on the ecological characters of the assessment area;
(ii)
evaluate
the information collected and identify any information gaps relating to the
assessment of potential ecological impacts to the aquatic and terrestrial
environment;
(iii)
carry
out any necessary field surveys and investigations to verify the information
collected, fill the information gaps identified and fulfill the objectives of
the EIA study;
(iv)
establish
an ecological profile of the assessment area based on the 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;
(b)
habitat
maps of suitable scale (1:1000 to 1:5000) showing the types and locations of
habitats in the assessment area;
(c)
ecological
characteristics of each habitat type such as size, vegetation type, species
present, dominant species found, species diversity, 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; and
(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 :
(a) wetlands
including fish ponds, wet agricultural land and marshes;
(b) roosting,
breeding and feeding sites of wetland birds;
(c) natural
stream courses and man made drainage channels; and
(d) any other habitats
identified as having special conservation interests by this study.
(vi)
describe all recognized sites of conservation importance in the vicinity
of the Project and assess whether these sites will be affected by the Project
and associated works;
(vii)
using
suitable methodology to identify and quantify as far as possible any direct,
indirect, on-site, off-site, primary, secondary and cumulative ecological
impacts on the wildlife groups and habitats, reduction of species
abundance/diversity, loss of feeding grounds, reduction of ecological carrying
capacity, habitat fragmentation; and in particular the following :
(a) ecological
impacts of potential loss of areas of conservation interest such as natural
stream courses, fish ponds and other wetland habitats;
(b) disturbance
to wildlife in particular waterbirds and sensitive wetland habitats in the
vicinity such as fish ponds during the construction and operational phases;
(c) indirect
ecological impacts due to the potential deterioration of the water quality in
the stream courses, fish ponds, channels or other wetland habitats in the study
area during the construction and operational phases;
(d)
ecological impacts to the existing/proposed ecological
mitigation areas of Kam Tin River, Ngau Tam Mei Channel, San Tin Eastern Main
Drainage Channel, Sheung Yue River etc. during the construction and operational
phases; and
(e)
cumulative impacts due to other
planned and committed development projects at or near the Project site area.
(viii)
evaluate
the significance and acceptability of the ecological impacts identified using
well defined criteria;
(ix)
recommend
all possible alternatives (such as modification of layout, different alignment,
reduced size and extent of reclamation, built form and/or using other
construction methods) and practicable mitigation measures to avoid, minimize
and/or compensate for the adverse ecological impacts identified, 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.
If off-site mitigation is considered necessary, the guidelines and
requirements laid down in Annex 16 of the TM should be followed;
(x)
determine
and quantify as far as possible the residual ecological impacts after
implementation of the proposed mitigation measures;
(xi)
evaluate
the severity and acceptability of the residual ecological impacts using
well-defined criteria; and
(xii)
review
the need for and recommend any ecological monitoring programme required.
3.4.8 Fisheries Impact
3.4.8.1 The
Applicant shall follow the criteria and guidelines stated in Annexes 9 and 17
of the TM for evaluating and assessing fisheries impact.
3.4.8.2
The
area for fisheries impact assessment shall include all areas within 500m from
the Project site boundary and any areas likely to be impacted by the Project. Special attention shall be given to the
potential impact on both active and abandoned fish ponds in the study area.
3.4.8.3
The
assessment shall cover any potential impact on pond and culture fisheries,
during construction and operation of the Project.
3.4.8.4
Existing
information regarding the assessment 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.
3.4.8.5 The
fisheries impact assessment shall include the following :
(i)
description
of the physical environmental background;
(ii)
description
and quantification of existing fisheries activities;
(iii)
description
and quantification of the existing fisheries resources (e.g. major fisheries
products);
(iv)
identification
of parameters and areas that are important to fisheries and will be affected by
the Project;
(v)
identification
and quantification of any direct/indirect, on-site and off-site impacts to
fisheries (e.g. permanent loss and temporarily occupied areas of fish ponds;
and disturbance to the pond culture activities);
(vi)
evaluation
of impact and making proposals for any practical alternatives or mitigation
measures to prevent or minimize adverse impact on fishery activities; and
(vii)
review
of the need for fishery monitoring and audit programme.
3.4.9 Impact
on Cultural Heritage
3.4.9.1 The
Applicant shall follow the criteria and guidelines stated in Annexes 10 and 19
of the TM for evaluating and assessing the cultural heritage impact.
3.4.9.2 The cultural
heritage impact assessment shall include terrestrial archaeological
investigation. The Applicant shall
refer to Appendix B of this EIA study brief for the Criteria for
Cultural Heritage Impact Assessment.
3.4.9.3
The
cultural heritage impact assessment shall include the following :
(i) The
Applicant shall identify all sites of cultural heritage that might be adversely
affected by construction of the Project.
The EIA study shall establish a comprehensive inventory of
archaeological sites, including the archaeological site located to the south of
Mai Po Village SSSI, historic buildings and structures located in close
proximity to the Project that might be affected. A plan of proper scale showing the
location of the proposed works and all sites of cultural heritage identified is
required. A check list 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. The
Applicant shall engage a qualified archaeologist, who shall obtain a licence
from the Antiquities Authority, before undertaking field evaluation under the
provision of the Antiquities and Monuments Ordinance (Cap. 53).
(ii)
The
Applicant shall demonstrate that the disturbance, including access, to those
sites of cultural heritage is 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 and
associated works, 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.
(iii)
Special
attention shall be paid to the historic buildings and structures in the
vicinity of the Project, in particular the archaeological site located to the
southt of Mai Po Village SSSI.
3.4.10 Landscape
and Visual Impact
3.4.10.1 The Applicant shall follow
the criteria and guidelines stated in Annexes 10 and 18 of the TM for
evaluating and assessing landscape and visual impacts of the Project, including
any above ground structures and work areas associated with the Project. Landscape and visual impacts during both
construction and operational stages within the study area shall be assessed.
3.4.10.2 The
assessment area for landscape impact assessment shall include all area within 500m
from the Project site boundary while the area for visual impact assessment
shall be defined by the visual envelope of the Project. The defined visual envelope must be
shown on a plan in the EIA report.
3.4.10.3 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 conservation area, open space, amenity area and green belt
designations. Any guidelines on
landscape strategies, landscape frameworks, urban design concepts, special
design areas, 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 the
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.
3.4.10.4 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 and EIAO Guidance Note No. 8/2002
“Preparation of Landscape and Visual Impact Assessment under the Environmental Impact
Assessment Ordinance”. 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 the 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 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 trees shall be addressed. Cumulative landscape and visual impacts
of the Project with other existing, committed and planned developments in the study area shall be assessed.
3.4.10.5 The
Applicant shall assess the visual impacts of the Project. Clear illustrations including mapping of
visual impact is required. The
assessment shall include :
(i)
identification
and plotting of visual envelope of the Project;
(ii)
identification
of the key groups of sensitive receivers within the visual envelope with regard
to views from the ground level and elevated vantage points;
(iii)
description
of the visual compatibility of the Project with the surrounding and the
existing and planned setting, and its obstruction and interference with the key
views of the adjacent areas; and
(iv)
description
of the severity of visual impacts in terms of nature, distance and number of
sensitive receivers.
3.4.10.6 The
Applicant shall evaluate the merits of preservation in totality, in parts or
total destruction of existing landscape and the establish 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 the existing
landscape and visual quality. The
Applicant shall recommend mitigation measures to minimize adverse effects
identified above, including provision of landscape design.
3.4.10.7 Roadside
trees should be retained as much as possible. As roadside trees are know to be an
important habitat for urban birds, the ecological consideration should be
incorporated in the landscape tree planting and maintenance plan.
3.4.10.8 The mitigation measures
shall include preservation of vegetation and natural coastline, transplanting
of trees, provision of screen planting, re-vegetation of disturbed land,
woodland restoration, compensatory planting, provisioning / reprovisioning of
amenity areas and open spaces, avoidance or 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 and sensitive receivers.
Parties shall be identified and in principle agreement shall be reached
with the related authorities during the EIA stage 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. Presentation of photomontages of the
Project in the existing and planned setting illustrating the effectiveness of
the proposed mitigation measures shall be included.
3.4.10.9 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
illustrate the landscape and visual impacts of the Project. In particular, the landscape and visual
impacts of the Project with and without mitigation measures shall also be
properly illustrated in the existing and planned setting by computer-generated
photomontage so as to demonstrate the effectiveness of the proposed mitigation
measures. Computer graphics shall
be compatible with Microstation DGN file format or as agreed with the
Director. 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.
3.4.11 Summary of Environmental Outcomes
3.4.11.1 The
EIA report shall contain a summary of 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.
3.4.12 Environmental Monitoring and Audit (EM&A)
Requirements
3.4.12.1 The Applicant shall
identify and justify in the EIA study whether there is any need for EM&A
activities during the construction and operational phases of the Project and,
if affirmative, to define the scope of EM&A requirements for the Project in
the EIA study.
3.4.12.2 Subject to 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.
3.4.12.3 The Applicant shall
prepare a Project Implementation Schedule (in the form of a checklist as shown
in Appendix C to this EIA study brief) containing the EIA study
recommendations and mitigation measures with reference to the implementation
programme.
The Project Implementation Schedule shall include the explicit agreement
reached between the Applicant and relevant parties on the responsibility for
funding, implementation, management and maintenance of mitigation
measures. Alternatively, the
Project Implementation Schedule shall include an undertaking from the Applicant
to assume the responsibility of those mitigation measures until an agreement is
reached between the Applicant and relevant parties on the funding,
implementation, management and maintenance of mitigation measures.
4. DURATION
OF VALIDITY
4.1 The
Applicant shall notify the Director of commencement of the EIA study. If the EIA study does not commence
within 36 months after the date of issue of this EIA study brief, 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 numbers 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) 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 above documents
available to the public, subject to payment by the interested parties of full
costs of printing.
5.4 In
addition, to facilitate public inspection of the EIA report via EIAO Internet
Website, the Applicant shall provide electronic copies of both the EIA report
and 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 executive summary shall be
included in the beginning of the document.
Hyperlinks to figures, drawings and tables in the EIA report and
executive summary shall be provided in the main text from where respective
references are made. 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 of the
change 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 the Project
Profile (no. PP-288/2006), 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.
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Figure 1 | Appendix A-C |
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