Environmental Impact
Assessment Ordinance (Cap. 499), Section 5 (7)
Environmental Impact
Assessment Study Brief No. ESB-127/2005
(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-127/2005) 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 13 June 2005 with a project profile
(No. PP-249/2005) (the Project Profile).
1.2
The scope of the Project is to construct an additional
interchange connecting Tuen Mun Road (TMR) and Castle Peak Road (CPR) near Sam
Shing Estate and to widen the TMR at Tsing Tin Interchange from a dual 2-lane
to dual 3-lane arrangement, as shown in Figures 1, 2 and 3 in Appendix A and
described below :
(i)
construction
of 2 single-lane slip roads, one southbound and the other northbound,
connecting TMR and CPR near Sam Shing Estate;
(ii)
construction
of an access road in the vicinity of
(iii)
implementation
of traffic management measures such as local road widening, modification to
existing traffic light signal-controlled junctions along CPR, banning of the
merging arrangement from
(iv)
construction
of associated earth retaining structures, geotechnical works, landscape works,
drainage works, utility works, traffic aids, traffic safety enhancement
measures, environmental mitigation measures and other ancillary works including
the slope stabilization works to natural and man-made slopes, which affect or
be affected by the new road alignment, street lighting, fire hydrants and
street furniture;
(v)
traffic
control and surveillance system (TCSS) including variable message signs (VMSs)
between Yuen Long and Tuen Mun and closed circuit television (CCTV) cameras at
Tuen Mun Town centre, including their integration with the central control
systems at Transport Department’s Traffic Control Centre at Wanchai;
(vi)
widening
of the 240m long duel 2-lane section of TMR at Tsing Tin Interchange to a ll m
wide dual 3-lane carriageway; and
(vii)
construction
of associated earth retaining structures, slope works, geotechnical works, and
works on environmental mitigation, landscape, drainage, road lightings, water
mains and traffic aids.
1.3
The
Project is a designated project under Schedule 2, A.1 of the EIAO : “A road
which is an expressway, trunk road, primary distributor road or district
distributor road including new roads, and major extensions or improvements to
existing roads”.
1.4
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.
1.5
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 that take place concurrently. This information
will contribute to decisions by the Director on :
(i) the
overall acceptability of any adverse environmental consequences that are likely
to arise as a result of the Project;
(ii) the
conditions and requirements for the detailed design, construction and operation
of the Project to mitigate against adverse environmental consequences wherever
practicable; and
(iii) the
acceptability of residual impacts after the proposed mitigation measures are
implemented.
2. OBJECTIVES
OF THE EIA STUDY
2.1 The
objectives of the EIA study are as follows :
(i)
to describe the
Project and associated works together with the requirements for carrying out
the Project;
(ii)
to identify and
describe elements of community and environment likely to be affected by the
Project and/or likely to cause adverse impacts to the Project, including
natural and man-made environment and the associated environmental constraints;
(iii)
to provide information
on the consideration of alternatives to avoid and minimize potential
environmental impacts to ecologically sensitive areas and other sensitive uses;
to compare the environmental benefits and dis-benefits of each of different
options; to provide reasons for selecting the preferred option(s) and to
describe the part environmental factors played in the selection of preferred
option(s);
(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 hazard to life impacts and to propose measures to
mitigate these impacts;
(vii)
to identify and
quantify any potential losses or damage to flora, fauna and natural habitats
and to propose measures to mitigate these impacts;
(viii)
to
identify any negative impacts on site of cultural heritage and to propose
measures to mitigate these impacts;
(ix)
to propose the
provision of mitigation measures so as to minimize pollution, environmental
disturbance and nuisance during construction and operation of the Project;
(x)
to investigate the
feasibility, practicability, effectiveness and implications of the proposed
mitigation measures;
(xi)
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;
(xii)
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;
(xiii)
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
(xiv)
to design and specify
environmental monitoring and audit requirements to ensure the effective
implementation of the recommended environmental protection and pollution
control measures.
3. DETAILED
REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
The
purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the
EIA report that the criteria in the relevant sections of the Technical
Memorandum on the Environmental Impact Assessment Process of the Environmental Impact
Assessment Ordinance (hereinafter referred to as “the TM”) are fully complied
with.
3.2 The Scope
3.2.1 The scope of this EIA study
shall cover the Project mentioned in sub-section 1.2 above. The EIA study shall address the likely
key issues described below, together with any other key issues identified
during the course of the EIA study:
(i)
the
potential noise and air quality impacts from the construction and operation of
the Project to sensitive receivers along or near the Project, taking into
account the cumulative impact from the operation of existing roads in the
vicinity of the Project;
(ii)
potential
water quality impact from the construction and operation of the Project on the
relevant water system(s), such as the Tuen Mun River Channel;
(iii)
confirmation
on minimal or no potential losses or damage to flora, fauna and natural
habitats and, if otherwise, the potential ecological impacts from the Project;
(iv)
waste arising as a result of the construction
and operation activities of the Project; potential land contamination from land to
be resumed for the Project;
(v)
potential
landscape & visual impacts from construction and operation of the project;
(vi)
potential
hazard to life impacts from construction and operation of the project;
3.3 Consideration
of Alternatives
3.3.1 The
Need of the Project
The Applicant shall study and review the need of the
Project as mentioned in sub-section 1.2 above, 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.
3.3.2 Consideration of Different
Alignment Options and Built-forms
In
addition to the proposed alignment option mentioned in sub-section 1.2 above, the
Applicant shall consider other feasible alignment options for the Project,
provide justification regarding how the proposed scheme is arrived at,
including the descriptions of the environmental factors considered in the
option selection. Alternative built-forms
(such as tunnel along part of the proposed alignment) and design of the highway
shall 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/minimize adverse environmental
effects to the maximum practicable extent.
In particular, consideration shall be given to avoid or minimize the disturbance
to
3.3.3 Consideration of Alternative Construction Methods and
Sequences of Works
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.
3.3.4 Selection of Preferred
Scenario
Taking
into consideration of the findings in sub-sections 3.3.2 and 3.3.3 above, the
Applicant shall recommend/justify the adoption 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, yet it shall be
extended to include major emission sources that may have a bearing on the
environmental acceptability of the Project. Such assessment shall be based on the
best available information at the time of the assessment. In particular, the assessment for the
operation stage shall take into account the impacts of major emission sources
such as
3.4.1.3
The
Applicant shall assess the air pollutant concentrations in accordance with the
Guidelines for Local-Scale Air Quality Assessment Using Models given in
Appendices B1 to B3, 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, including JC
Place, Rainbow Garden, Chi Lok Fa Yuen, Kam Fai Garden, Harvest Garden, Kam
On Building, Lok Hing Mansion, Palm Cove, Affluence Garden, Tuen Mun Government
Secondary School, HKTA Yuen Yuen Primary School, Lakeshore Building, the Church of Christ
in China Tam Lee Lai Fun Memorial Secondary School and Fung Tei Garden, etc., that
are likely affected by the Project, including those earmarked on relevant
Outline Zoning Plan(s), Development Permission Area Plans, Outline Development
Plans, Layout Plans and other relevant published land use plans. The Applicant shall select the
assessment points of identified ASRs that represent the worst impact point of
these ASRs. A map showing the
location and description such as name of building, use and height of selected
assessment points shall be given. Separation
distances of these ASRs from 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) above. Examples of
construction stage emission sources include stock piling, blasting, concrete
batching, marine construction plant and vehicular movements on unpaved haul
roads on site, etc. Examples of
operational stage emission sources include exhaust emissions from vehicles,
vent shafts, etc. Confirmation
regarding the validity of assumptions and the magnitude of 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 requirements stipulated under Air Pollution Control
(Construction Dust) Regulation to ensure construction dust impacts are
controlled within relevant standards stipulated in section 1 of Annex 4 of the
TM. A construction phase monitoring
and audit programme shall be devised to verify effectiveness of control
measures 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 dust control measures proposed in
accordance with sub-section 3.4.1.4(iii)(a) above, a quantitative assessment shall
be carried out to evaluate the construction dust impact at identified
ASRs. The Applicant shall follow
the methodology set out in sub-section 3.4.1.4(v) below when carrying out the
quantitative assessment.
(iv) Operational
Phase Air Quality Impact
(a)
The Applicant shall calculate the expected air pollutant
concentrations at the identified ASRs based on an assumed reasonably worst-case
scenario. The evaluation shall be
based on the strength of the emission sources identified in sub-section
3.4.1.4(ii)(b) above. The Applicant
shall follow sub-section 3.4.1.4(v) below when carrying out the quantitative
assessment.
(b)
The air pollution impacts of future road traffic shall be calculated
based on the highest emission strength from the road within the next 15 years
upon commencement of operation of the proposed road. The Applicant shall demonstrate that the
selected year of assessment represents the highest emission scenario given the
combination of vehicular emission factors and traffic flow for the selected
year. 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.
(c)
If full enclosures are 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 full enclosures, the
Applicant shall ensure prior agreement with the relevant ventilation design
engineer over the amount and the types/kinds of pollutants emitted from these
full enclosures; and such assumptions 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 3.4.1.3 or any other
methodology as agreed with the Director.
The specific methodology must be documented in such level of details
(preferably with tables and diagrams) to allow the readers of the EIA report to
grasp how the model has been set up to simulate the situation at hand without
referring to the model input files.
Detailed calculation of the pollutant emission rates for input to the
model and a map showing all the road links shall be presented in the EIA report. The Applicant shall 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 specific modelling details
shall 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 choosing such parameters for assessing the impact of
the Project. Ozone Limiting Method
(OLM) shall be used to estimate the conversion ratio of NOx to NO2
if NO2 has been identified as a key/representative air pollutant.
(c) The Applicant shall calculate the cumulative air
quality impact at the identified ASRs and compare these results against the
criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both
unmitigated and mitigated) shall be presented in the form of summary table and
pollution contours, to be evaluated against the relevant air quality standards
and on any effect they may have on the land use implications. Plans of a suitable scale shall be used to
present pollution contour to allow buffer distance requirements to be
determined properly.
(d)
If
there are any direct technical noise remedies recommended in the study, the air
quality implication due to these technical remedies shall be assessed. For instance, if barriers that may
affect dispersion of air pollutants are proposed, then the implications of such
remedies on air quality impact shall be assessed. If noise enclosure is proposed, then
portal emissions of the enclosed road section and air quality inside the
enclosed road section shall also be addressed. The Applicant shall highlight clearly
the locations and types of agreed noise mitigating measures (where applicable),
be they noise barriers, road enclosures and their portals, and affected ASR's,
on contour maps for easy reference.
(vi) Mitigation
Measures for Non-compliance
The Applicant shall propose remedies and
mitigating measures where the predicted air quality impact exceeds the criteria
set in section 1 of Annex 4 in the TM.
These measures and any constraints on future land use planning shall be
agreed with the relevant government departments/authorities and documented 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
3.4.2.1 The
Applicant shall follow the criteria and guidelines for evaluating and assessing
noise impact as stated in Annexes 5 and 13 of the TM, respectively.
3.4.2.2 The noise impact assessment shall include the
following :
(i) Determination
of Assessment Area
The
study area for the noise impact assessment shall generally include all areas
within 300m from the Project shown in Appendix A or other Project alignments as
identified in the EIA. Subject to
the agreement of the Director, the assessment area could be reduced accordingly
if the first layer of noise sensitive receivers (NSRs), closer than 300m from
the outer Project limit, provides acoustic shielding to those receivers at distances further away from the Project. Subject to the agreement of the
Director, the assessment area shall be expanded to include NSRs at distances
over 300m from the Project, which are affected by the construction and
operation of the Project.
(ii) Provision
of Background Information and Existing Noise Levels
The Applicant shall provide all
background information relevant to the Project, e.g. relevant previous or
current studies. Unless 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 all existing NSRs
and all planned/committed noise sensitive developments and uses, including JC
Place, Rainbow Garden, Chi Lok Fa Yuen, Kam Fai Garden, Harvest Garden, Kam On Building, Lok Hing Mansion, Palm
Cove, Affluence Garden, Tuen Mun Government Secondary School, HKTA Yuen Yuen
Primary School, Lakeshore Building, the Church of Christ
in China Tam Lee Lai Fun Memorial Secondary School and Fung Tei Garden, etc., 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 floor of each and every selected
assessment point shall be given.
For planned noise sensitive land uses without committed site layouts,
the Applicant shall 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, and traffic flow/
fixed plant equipment (e.g. ventilation systems of traffic noise enclosures),
as appropriate, for operational noise assessment. Confirmation of the validity of the
inventory shall be obtained from the relevant government
departments/authorities and documented 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 assessment of noise impact from construction (excluding percussive
piling) of the Project during daytime, i.e. 7 a.m. to 7 p.m., on weekdays other
than general holidays in accordance with the methodology 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.
(c)
To minimize the
construction noise impact, alternative construction methods to replace
percussive piling shall be proposed as far as practicable. In case blasting works is involved, it
shall 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 from the removal of debris and rocks shall be fully assessed and
adequate mitigation measures shall be recommended to reduce the noise impact.
(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.
(d)
The
Applicant shall, as far as practicable, formulate a reasonable construction
programme so that no work will be required in 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 shall be made to relevant technical
memoranda issued under the NCO. Regardless
of the results of construction noise impact assessment for 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 shall be explicitly stated in
the noise chapter and the conclusions and recommendations chapter in 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
road sections within the meaning of Item A.1 of
Schedule 2 of EIAO and other road sections
for the purpose of traffic noise impact
assessment. Figures showing extents of road sections
within the meaning of Item A.1 of Schedule 2 of EIAO and other road sections shall be provided in the EIA report. In determining whether the traffic noise
impact due to a road improvement project / work is considered significant,
detailed information with respect to factors including change of nature of
road, change of alignment and change of traffic capacity or traffic composition
etc. shall be assessed. The traffic
noise impact shall be considered significant if the traffic noise level with
the road project is greater than that without the road project at the design
year by 1 dB(A) or more.
The
Applicant shall calculate 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 peak hour traffic flow in respect of maximum
traffic projection within a 15 years period upon commencement of operation of
the Project. The Applicant shall calculate traffic noise levels in respect of
each road section and the overall noise levels from combined road sections ( road sections
within the meaning of Item A.1 of Schedule 2 of EIAO and other road sections
) at NSRs.
The EIA report shall contain sample
calculations and input parameters for 10 assessment points as requested by the Director.
Also, the Applicant shall provide
the input data set of the traffic noise model in the format of electronic files
in the EIA. The Applicant shall
prepare and provide drawings (i.e., road-plots of the traffic noise model) of
appropriate scale to show the road segments, topographic barriers, and
assessment points of sensitive receivers input into the traffic noise model.
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 at various representative floor levels
in (m P.D.)
on tables and
plans of suitable scale.
A quantitative assessment at the NSRs for road sections
within the meaning of Item A.1 of Schedule 2 of EIAO 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 road sections
within the meaning of Item A.1 of Schedule 2 of EIAO
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 TM.
(a3) Proposals
for Noise Mitigation Measures
After
rounding off the predicted noise levels according to U.K. Department of
Transport's “Calculation of Road Traffic Noise” (1988), the Applicant
shall propose in accordance with Section 6 in Annex 13 of the TM direct
technical remedies in all situations where predicted traffic noise level
exceeds the criteria in Table 1A of Annex 5 in the TM by 1 dB(A) or more, and, under
section 4.4.3 of the TM, noise from the road sections within the meaning of
Item A.1 of Schedule 2 of EIAO has significant contribution to the cumulative
environmental impacts when considered in conjunction with the existing or
potential impacts from other projects. 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 NSRs as far as possible shall be clearly quantified
and laid down. Total number of
dwellings, classrooms and other noise sensitive element that will benefit from and
be protected by provision of direct technical remedies shall be provided. In order to clearly present the
extents/locations of recommended noise mitigation measures, plans prepared from
1:1000 or 1:2000 survey maps showing the mitigation measures (e.g.,
enclosures/barriers, low noise road surfacing, etc.) 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 levels above the criteria with the
implementation of all recommended direct technical remedies shall be
quantified. The Applicant shall
provide in the EIA report information of 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 NSRs cannot 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
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 at the NSR from the road sections
within the meaning of Item A.1 of Schedule 2 of EIAO
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 at the NSR 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 from
the road sections within the meaning of Item A.1 of
Schedule 2 of EIAO to the increase in predicted overall
noise level at the NSR 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 enclosed road sections, 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 noise levels taking into account correction of
tonality, impulsiveness and intermittency in accordance with Technical
Memorandum for the Assessment of Noise from Places other than Domestic
Premises, Public Places or Construction Sites issued under
the NCO.
(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/Land uses
For
planned noise sensitive uses which will still be affected even with all
practicable direct technical remedies in place, the Applicant shall propose,
evaluate and confirm the practicability 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 EIA study to assess the development potential of
concerned sites which shall be made known to the relevant parties.
3.4.3 Water Quality Impact
3.4.3.1 The Applicant shall follow the criteria and
guidelines for evaluating and assessing water pollution as stated in Annexes 6
and 14 of the TM respectively.
3.4.3.2 The Study Area shall include
all areas within 500m from the Project boundary, and up to 500m along the Tuen Mun River Channel from
the boundary of the Project.
3.4.3.3 All
physical, chemical and biological disruptions of Tuen Mun River Channel and fresh/storm
water or ground water system(s) within the study area arising during the
construction and operation of the Project shall be identified.
3.4.3.4 The
water quality impact assessment shall address the followings:
General
(i)
Collection
and review of background information on the existing water system(s) including Tuen Mun River Channel.
(ii)
Characterization
of water quality based on existing information or site surveys/tests as
appropriate.
(iii)
Identification
and analysis of all existing and planned future activities and beneficial uses
related to Tuen Mun River Channel and identification of all water sensitive
receivers.
(iv)
Identification
of pertinent water quality objectives and establishment of other appropriate
water quality criteria or standards for Tuen Mun River Channel and all the
sensitive receivers.
(v)
Review
the specific construction methods and configurations, and operation of the
Project. Identification of any
alteration of watercourses.
(vi)
Identification,
analysis and quantification of all existing and likely future water pollution
sources, including point discharges and non-point sources to surface water
runoff. Field investigation and laboratory tests shall be conducted as
appropriate. Establishment and provision of an emission inventory on the
quantities and characteristics of all these pollution sources.
Impact Prediction
(vii)
Prediction and quantification by mathematical modelling
or other technique approved by the Director, of the impacts on the water
system(s) and the sensitive receivers due to those alterations and changes
identified in (v) and the pollution sources identified in (vi).
(viii)
Cumulative
impacts due to other projects, activities or pollution sources within a
boundary around the Study Area to be agreed by the Director shall also be
predicted and quantified.
Waste Water and
(ix)
Analysis
on the provision and adequacy of existing and planned future facilities to
reduce pollution arising from the non-point sources identified in (vi).
(x)
Proposal
of effective and practicable infrastructure upgrading or provision, water
pollution prevention and mitigation measures to be implemented during the
construction, operation stages so as reduce the water quality impacts to within
acceptable levels of standards.
Requirements to be incorporated in the Project contract document shall
also be proposed.
(xi)
Best
management practices to reduce storm water and non-point source pollution shall
be investigated and proposed as appropriate. Attention shall be made to the water
quality control and mitigation measures recommended in ProPECC Note 1/94.
(xii)
Evaluation
and quantification of residual impacts on the water system(s) and the sensitive
receivers with regard to the appropriate water quality criteria, standards or
guidelines.
3.4.4
Waste Management Implications
3.4.4.1 The Applicant shall
follow the criteria and guidelines for evaluating and assessing waste
management implications as stated in Annexes 7 and 15 of the TM respectively.
3.4.4.2 The
assessment of waste management implications shall cover the following:
(i) Analysis
of Activities and Waste Generation
The
Applicant shall identify the quantity, quality and timing of the waste arising
as a result of the construction and operation activities of the Project, based
on the sequence and duration of these activities.
(ii) Proposal
for Waste Management
(a)
Prior to considering the disposal options for various types of wastes, opportunities
for reducing waste generation, on-site or off-site re-use and recycling shall
be fully evaluated. Measures which
can be taken in the planning and design stages e.g. by modifying the design
approach and in the construction stage for maximizing waste reduction shall be
separately considered.
(b)
After considering all the opportunities for reducing waste generation
and maximizing re-use, the types and quantities of the wastes required to be
disposed of as a consequence shall be estimated and the disposal options for
each type of waste shall be described in detail. Pre-treatment processes for
slurry before disposal shall be addressed in details. The disposal method recommended for each
type of waste shall take into account of the result of the assessment in (c)
below.
(c)
The impact caused by handling (including labelling, packaging &
storage), collection, and disposal of wastes shall be addressed in detail and
appropriate mitigation measures shall be proposed. This assessment shall cover
the following areas :
- potential
hazard;
- air
and odour emissions;
- noise;
- wastewater
discharge; and
- public
transport.
(iii) Land
Contamination
(a)
The
Applicant shall identify all land lots/sites within the Project boundary which,
due to their past or present land uses, are potentially contaminated
sites. A detailed account of the
present activities and past land use history in relation to possible land
contamination shall be provided.
(b)
The list of potential contaminants which are
anticipated to be found in these potentially contaminated sites shall be
provided and the possible remediation options shall be discussed.
3.4.5 Hazard To Life
3.4.5.1 A hazard
assessment shall be carried out following the criteria for
evaluating hazard to life as stated in Annexes 4 and 22 of the TM (Hong Kong
Risk Guidelines). The assessment
shall evaluate hazardous scenarios from Tuen Mun Water Treatment Works (TMWTW)
to both the construction and operation stages of the Project. The hazard assessment shall include the
following
(i)
Identification of all credible hazardous scenarios associated with the
chlorine storage and on-site transport in the Tuen Mun Water Treatment Works;
(ii)
Execution of a Quantitative Risk Assessment (QRA) expressing population
risks in both individual and societal terms;
(iii)
Comparison of individual and societal risks with Hong Kong Risk Guidelines
(Annex 4 of TM); and
(iv)
Identification and assessment of practicable and cost-effective risk
mitigation measures.
3.4.5.2 The
methodology of hazard assessment shall be agreed and approved by the Director
taking into account previous EIAO hazard assessments such as Route 8 (formerly
Route 16).
3.4.6 Ecological Impact
3.4.6.1 The Applicant shall provide a general
description of the terrestrial and aquatic ecological environment around the
Project, and summarize any potential ecological impact expected based on the
criteria and guidelines for evaluating and assessing ecological impact as
stated in Annexes 8 and 16 of the TM respectively.
3.4.6.2 The study area for the terrestrial
ecological environment shall include all areas within 500 m from the site boundary
of the land based works areas or the area likely to be impacted by the Project.
For aquatic ecology environment,
the study area shall be the same as the water quality impact assessment or the
area likely to be impacted by the Project, such as Tuen Mun River Channel.
3.4.6.3 If significant ecological impact is identified, the Applicant shall approach the Director for detailed
requirements for the assessment of ecological impact.
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 associated with the Project. Landscape
and visual impacts during both construction and operation stages within the
study area shall be assessed.
3.4.7.2 Study areas for landscape
impact assessment shall include all areas within 100m from the Project. Study
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.
3.4.7.3 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 shall be highlighted and appropriate follow-up action shall 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 and EIAO Guidance Note No.8/2002 “Preparation of Landscape and Visual
Impact Assessment under EIAO”. 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 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 existing, committed and planned
developments, including JC Place, Rainbow Garden, Chi Lok Fa Yuen, Kam Fai
Garden, Harvest Garden, Kam On Building, Lok Hing Mansion, Palm Cove, Affluence Garden,
Tuen Mun Government Secondary School, HKTA Yuen Yuen Primary School, Lakeshore
Building, the Church of Christ in China Tam Lee Lai Fun Memorial Secondary
School and Fung Tei Garden, etc., 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 :
(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 both 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
3.4.7.6 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 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 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, 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 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.
3.4.7.8 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. 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 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.
3.4.8 Impact on Cultural
Heritage
3.4.8.1 The Applicant shall follow
the criteria and guidelines for evaluating and assessing cultural heritage
impacts as stated in section 2 in Annex 10 and section 2 in Annex 19 of the TM,
respectively.
3.4.8.2 The cultural heritage impact
assessment shall include a built heritage investigation. The Applicant shall refer to Appendix C
for the detailed requirements.
(i)
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
existing
(ii)
In the event that the
investigations as stated in sub-section 3.4.8.2 (i) above prove to be inadequate,
the Applicant shall undertake supplementary studies as agreed by the Director. The
Applicant can make necessary reference to Appendix C 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. If those sites of cultural heritage are
still be directly and/or indirectly affected by the Project, the Applicant
shall fully justify that there is a need for the Project which is of paramount
importance and which outweighs in-situ preservation of the sites of cultural
heritage. Then the Applicant shall
recommend practicable mitigation measures to keep the adverse impacts on the
sites 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 Summary of
Environmental Outcomes
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.
3.4.10 Environmental Monitoring and Audit (EM&A)
Requirements
3.4.10.1 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 EM&A requirements for the Project in the EIA study.
3.4.10.2 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.
3.4.10.3 The Applicant shall prepare a Project
Implementation Schedule (in the form of a checklist as shown in Appendix D to
this EIA study brief) containing all 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 all 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 the commencement of the EIA study. If the EIA study does not commence
within 36 months after the date of issue of the 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 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) 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 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 all figures, drawings
and tables in the EIA report and executive summary shall be provided in the
main text from where 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-249/2005), 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 ---
July
2005
Environmental
Assessment and Noise Division,
Environmental
Protection Department