Environmental Impact Assessment Ordinance (Cap. 499)

Section 5 (7)

 

Environmental Impact Assessment Study Brief No. ESB-100/2002

 

Project Title : Distributor Roads under Agreement No. CE 42/2000

South East Kowloon Development, Infrastructure at North

Apron Area of Kai Tak Airport, Design and Construction

 

Name of Applicant : Kowloon Development Office,

Territory Development Department

(hereinafter known as the ¡§Applicant¡¨)

 

 

 

1.              BACKGROUND

 

1.1                       An application (No. ESB-100/2002) 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 15 March 2002 with a Project Profile (No. PP-164/2002).

 

1.2                       In accordance with section 1.5 of the Project Profile (PP), the PP covers all the roads identified as Schedule 2 Designated Projects within the North Apron of the Kai Tak Airport (NAKTA).  The location of these works are shown in Figure 1.  These works are hereinafter referred as the ¡§Project¡¨:-

 

(i)                      Distributor Road D1;

(ii)                     Distributor Road D2;

(iii)                   Distributor Road D3;

(iv)                   Distributor Road D5 and tunnel; and

(v)                    Vehicular bridges B1, B2, B3E, B3W and B4.

 

Items (i) ¡V (v) above are Designated Projects by virtue of Item A.1 of Schedule 2 of the EIAO for 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, and/or Item A.7 of Schedule 2 of the EIAO for a road or railway tunnel more than 800 m in length between portals.  For the purpose of assessing construction impacts, the Project is taken to include the part of the Distributor Roads D1, D2, D3 and D5 within NAKTA only.  For the purpose of assessing operational environmental impacts, the Project is taken to include the full alignment of the Distributor Roads D1, D2, D3 and D5 within the South East Kowloon Development (SEKD), including the section of Road D5 outside NAKTA as shown in Figure 1.

 

1.3                       The Project is part of the development package for SEKD ¡§Agreement No. CE 42/2000, SEKD ¡V Infrastructure at North Apron Area of Kai Tak Airport¡¨ proposed under Agreement No. CE 32/99, the Comprehensive Feasibility Study for the Revised Scheme of South East Kowloon Development (SEKDCFS).

1.4                       The SEKDCFS is a Designated Project under Item 1 in Schedule 3 of the EIAO for ¡§Major Designated Projects Requiring EIA Reports¡¨.  On 11 June 2001, the Applicant submitted the environmental impact assessment (EIA) report for the SEKDCFS [EIA Report (Volume 1 & 2) ¡V July 2001; EIA Executive Summary ¡V July 2001 and Environmental Monitoring and Audit Manual ¡V July 2001] (SEKDCFS-EIA) to the Director for approval under the EIAO.  Under the EIAO, the SEKDCFS-EIA was exhibited for public inspection from 31 July 2001 to 29 August 2001 during which no public comments were received.  The findings of the SEKDCFS-EIA were presented to the Advisory Council of the Environment (ACE) and the report was endorsed by the ACE on 17 September 2001 as a Schedule 3 EIA without conditions.  On 25 September 2001, the SEKDCFS-EIA was approved as a Schedule 3 EIA by the Director under the EIAO (EIAO Register Ref: AEIAR-044/2001).

 

1.5                       Based on a preliminary design concept, the SEKDCFS-EIA established the broad environmental feasibility of the various development packages under SEKD and their cumulative impacts on the existing, committed and planned land-uses in the redevelopment as well as new development areas within SEKD.  A number of Schedule 2 Designated Projects are covered under the SEKDCFS-EIA, including the Designated Projects described in section 1.2 above.  It is recommended in the SEKDCFS-EIA that during the detailed design stage and prior to the application of the Environmental Permit for the construction and operation of the Schedule 2 Designated Projects, detailed EIAs be undertaken.  These EIAs shall make reference to the SEKDCFS-EIA for those assessed impacts, and shall complete any further studies on outstanding environmental issues or on new environmental issues that may emerge during the design stage of the project.  In general, the scope for these works is expected to be consistent with that of the SEKDCFS-EIA and that in the Outline Master Development Plan for the SEKDCFS.

 

1.6            Pursuant to section 5(7)(a) of the EIAO, the Director issues this EIA study brief to the Applicant to carry out an EIA study for the Project as detailed in section 1.2 above.

 

1.7            The scope of this EIA study brief strictly only covers the Project as defined in section 1.2 above, and excludes all other works under ¡§Agreement No. CE 42/2000, SEKD ¡V Infrastructure at North Apron Area of Kai Tak Airport¡¨ as shown in section 1.4 of the PP.

 

1.8            In setting out the scope of the issues to be addressed in this EIA study, the Director has given due regards to the findings and recommendations of the SEKDCFS-EIA, and that the work scope detailed in section 1.2 above is generally consistent with that covered under the SEKDCFS-EIA.  The purpose of this study brief is to scope the key issues of this EIA study and to specify the environmental issues that are required to be reviewed, updated and assessed, as appropriate, in the EIA report in the light of the availability of additional information during the design and construction stage of the project. 

 

1.9            The purpose of this EIA report 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, with reference to the relevant findings and recommendations of the SEKDCFS-EIA.  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 proposed project and associated works together with the requirements for carrying out the proposed project;

 

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

 

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

 

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

 

(v)           to identify, describe and quantify any potential landscape and visual impacts and evaluate the significance of impacts on sensitive receivers;

 

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

 

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

 

(viii)   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;

 

(ix)     to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;

 

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

 

(xi)     to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted; and

 

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 EIAO (hereinafter referred to as ¡§the TM¡¨) are fully complied with.

 

3.2            The Scope 

 

The scope of this EIA study shall cover the Project as detailed in sections 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 dust impacts during road construction;

 

(ii)                     the potential vehicular emission impacts from the Projects and emissions from ventilation shafts for tunnel section of Road D5 during operation;

 

(iii)                   the potential construction noise impacts;

 

(iv)                   the potential road traffic noise impacts during operation;

 

(v)                    the potential water quality impacts associated with site runoffs from the road construction works;

 

(vi)                   the potential water quality impacts from operation of the Project, including those relating to the potential need for treatment and disposal requirements, and the drainage arrangement for seepage and road runoff associated with the tunnel sections of Road D5;

 

(vii)                 the potential impact associated with land contamination;

 

(viii)                the potential impacts associated with waste generation during construction;

 

(ix)                   the potential landscape and visual impact during construction and operation of the Project;

 

(x)                    the potential impact to sites of cultural heritage;

 

(xi)                   the details of the construction programme and the construction methodologies;

 

Cumulative impact

 

(xii)                 the cumulative construction impacts from the Project and other potentially concurrent activities within the vicinity at SEKD, including but not limiting to other works under the development package ¡§SEKD ¡V Infrastructure at North Apron Area of Kai Tak Airport¡¨, ¡§SEKD ¡V Waterfront facilities and Kai Tak Nullah/Kwun Tong typhoon shelter reclamation¡¨, ¡§SEKD ¡V Kowloon Bay reclamation ¡V early development package¡¨, ¡§SEKD at Kai Tak Airport ¡V Decontamination and site preparation¡¨, ¡§SEKD, infrastructure on runway areas and Trunk Road T2¡¨, ¡§SEKD, infrastructure on runway areas¡¨, ¡§SEKD, Trunk Road T2¡¨, ¡§Water supply to SEKD ¡V Stage I Works¡¨, ¡§Central Kowloon Route¡¨, ¡§Shatin to Central Link¡¨, stadium within NAKTA, decommissioning of airport facilities, demolition works by others within NAKTA, building works and developments within and outside NAKTA, open space construction within NAKTA, drainage works within NAKTA, upgrading of Ma Tau Wai Road and To Kwa Wan Road by the Highways Department, etc.;

(xiii)                the cumulative operation impacts from the Project and other existing and planned roads within and in close vicinity of SEKD; and

 

Interfacing Issues with the Central Kowloon Route (CKR)

 

(xiv)               in reviewing the applicability of the findings and recommendations pertaining to operational air and noise impacts assessment as contained in  the SEKDCFS-EIA and relevant to Project, the Applicant shall liaise with the proponent department of the CKR on the latest development of the CKR at the time of this EIA study, and shall take into consideration any knock-on effect on the Project should there be a confirmed change to develop the CKR as a dual-three road instead of the dual-two arrangement assumed in the SEKDCFS-EIA.

 

3.3            Presentation of the Summary of Land Use Considerations Relevant to the Project in the SEKDCFS-EIA and Alternative Construction Methods

 

3.3.1    The Applicant shall make reference to the SEKDCFS-EIA and present as background information a summary of different land use arrangements considered in the SEKDCFS, in particular information that are relevant to the Project.

 

3.3.2    The EIA shall present the rationale behind selecting certain construction methods and any alternative methods that have been considered in the light of any additional information available during the design stage, and how the preferred methods serve to minimize adverse environmental effects.

 

 

3.4            Technical Requirements

 

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

 

3.4.1         Construction Methodologies and Programme

 

3.4.1.1 The Applicant shall include in the EIA report details of the construction programme and methodologies.

 

3.4.2         Air Quality Impact

           

3.4.2.1 The Applicant shall make reference to the SEKDCFS-EIA, extract and present all relevant information from the SEKDCFS-EIA on the Project as detailed in sections 1.2 above, and incorporate any new and additional information to address the air quality impacts arising from the construction and operation of the Project.  The Applicant shall follow the criteria and guidelines for evaluating and assessing air pollution as stated in section 1 of Annexes 4 and 12 of the TM, respectively.

 

3.4.2.2 The EIA report shall cover the followings:-

 

(i)                      the construction dust impacts arising from the construction works of the Project within NAKTA;

 

(ii)                     the air quality impacts of the full alignment of the proposed roads under the Project on existing, committed and planned sensitive receivers within its vicinity; and

 

(iii)                   the cumulative impacts due to the construction and operation of the Project, including the cumulative construction dust impacts from the Project and other concurrent projects within SEKD as detailed in sections 3.2 (xii) and (xiii) above.

 

3.4.2.3 The study area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of the Project and any work sites proposed under the Project, but shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project.  For assessment of construction impact, the sections of roads within NAKTA is relevant.  For the operational impact assessment, the full alignments of the proposed roads under the Project shall be included.  The Applicant shall review and update the information as included in the SEKDCFS-EIA with regards to the existing and planned / committed Air Sensitive Receivers (ASRs) within the study area, including those earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.  In identifying planned ASRs, reference shall also be made to the Outline Master Development Plan for the SEKDCFS and development proposals approved by Town Planning Board.  The Applicant shall select the assessment points of the identified ASRs that represent the worst point of these ASRs.  A map showing the location and description such as the name of building, use and height of the selected assessment points shall be given.  The separation distances of these ASRs from the nearest emission sources should also be given.

 

3.4.2.4 The EIA report shall cover the construction dust impacts arising from all construction works associated with the Project and any concurrent works within the study area with reference to similar methodologies adopted in the SEKDCFS-EIA.

 

3.4.2.5 The Applicant shall critically review the findings and recommendations of the operational air quality impact assessment in the SEKDCFS-EIA against the scope of the Project based on any additional information on the detailed scope of the Project made available through the design and construction assignment to identify any material change.  Key changes to interfacing road and any knock-on effects such as that described in section 3.2(xiv) above on possible changes to the CKR shall also be considered.  If the Project is materially unaltered from that in the SEKDCFS-EIA, the Applicant shall extract all relevant information from the SEKDCFS-EIA on the Project, including the assessment and findings, and the part of the Implementation Schedule of Environmental Mitigation Measures relevant to the Project, and present clearly in the EIA report.  In the case that material change to the Project is identified, the operational air quality impact for the Project shall be re-assessed and updated following the criteria and guidelines for evaluating and assessing air quality assessment as stated in Annexes 6 and 14 of the TM respectively and making reference to similar methodologies adopted in the SEKDCFS-EIA.  All input and output file(s) of the model run(s) for any re-assessment shall be submitted to the Director in electronic format.

 

3.4.3         Noise Assessment

 

3.4.3.1 The Applicant shall make reference to the SEKDCFS-EIA, extract and present all relevant information from the SEKDCFS-EIA on the Project as detailed in sections 1.2 above, and incorporate any new and additional information to address the noise impacts arising from the construction and operation of the Project.  Particular attention shall be given to the following recommendations of the SEKDCFS-EIA:-

 

(i)                  recommendation in section 3.7.8.16 of the SEKDCFS-EIA to carry out further investigation during the detailed design stage of Road D1 to explore other form of mitigation measures on railway reserve including the proposed noise barriers on Road D1 to protect Site 1D and Site 1E; and

(ii)                recommendation in sections 3.7.8.17, 3.7.8.18 and 3.7.8.19 of the SEKDCFS-EIA to carry out further investigation during the detailed design stage for Sung Wong Toi Road Widening (Road D3) for formulating mitigation measures.

 

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

 

3.4.3.3 The EIA report shall cover the following:-

 

(i)             construction noise impact from the Project within NAKTA;

(ii)           traffic noise from the Project (full alignment) on nearby sensitive receivers;

(iii)          cumulative traffic noise impact of the Project (full alignment) together with other existing and planned roads within the study area; and

(iv)         impact from fixed noise source such as ventilation shaft.

 

3.4.3.4 The study area for the noise impact assessment shall include all areas within 300m from the Project boundary.  For assessment of construction impact, the sections of roads within NAKTA is relevant.  For the operational impact assessment, the full alignments of the proposed roads under the Project shall be included.  For the purpose of assessing the noise impact, the Applicant shall review and update all the Noise Sensitive Receivers (NSRs) within the study area as identified in the SEKDCFS-EIA and shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans.  In identifying planned NSRs, reference shall also be made to the Outline Master Development Plan for the SEKDCFS and development proposals approved by Town Planning Board.  For planned noise sensitive land uses without committed layouts, the Applicant shall base on the relevant planning parameters to work out site layouts for operational noise assessment purpose.  The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment for both construction and operational noise impacts.  A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given.

 

3.4.3.5 The Applicant shall critically review the findings and recommendations of the noise impact assessment in the SEKDCFS-EIA against the scope of the Project based on any additional information on the detailed scope of the Project made available through the design and construction assignment to identify any material change.  Key changes to interfacing road and any knock-on effects such as that described in section 3.2(xiv) above on possible changes to the CKR shall also be considered.  If the Project is materially unaltered from that in the SEKDCFS-EIA, the Applicant shall extract all relevant information from the SEKDCFS-EIA on the Project, including the assessment and findings, and the part of the Implementation Schedule of Environmental Mitigation Measures relevant to the Project, and present clearly in the EIA report.  In the case that material change to the Project is identified, the traffic noise assessment for the Project shall be re-assessed and updated following the criteria and guidelines for evaluating and assessing air quality assessment as stated in Annexes 5 and 13 of the TM respectively and making reference to similar methodologies adopted in the SEKDCFS-EIA.

 

3.4.3.6 The EIA report shall contain sample calculation 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 report.  The consultant shall prepare and provide drawings of appropriate scale to show the road segments, topographic barriers, and assessment points of sensitive receivers that were input into the traffic noise model.

 

 

 

3.4.4         Water Quality Impact

 

3.4.4.1 The Applicant shall make reference to the SEKDCFS-EIA, extract and present all relevant information from the SEKDCFS-EIA on the Project as detailed in sections 1.2 above, and incorporate any new and additional information to address the water quality impacts arising from the construction and operation of the Project.  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.

 

3.4.4.2 The EIA report shall cover the following:-

 

(i)                      the water quality impacts from site run-off during construction;

(ii)                     the water quality impact from the road runoff / seepage generated at the tunnel sections of Road D5 during the operational phase;

(iii)                   the water quality impact associated with contaminated water entering the tunnel drainage system; and

(iv)                   the cumulative water quality impacts due to the construction of the Project and other concurrent projects within SEKD as detailed in sections 3.2 (xii) above.

 

3.4.4.3 The study area shall include all areas within and 300m beyond the boundary of the Project as shown in Appendix A, plus the Victoria Harbour Water Control Zone (WCZ), the Eastern Buffer WCZ and the Western Buffer WCZ as declared under the Water Pollution Control Ordinance.

 

3.4.4.4 The Applicant shall review and update the construction water quality impacts assessment of the SEKDCFS-EIA relevant to the Project based on any additional information and present all relevant information in the EIA report.  If updating of assessment is required, the Applicant shall carry out the assessment making reference to similar methodologies adopted in the SEKDCFS-EIA.

 

3.4.4.5 The Applicant shall critically review the findings and recommendations of the operational water quality impact assessment in the SEKDCFS-EIA against the scope of the Project based on any additional information on the detailed scope of the Project made available through the design and construction assignment to identifying for any material change.  If the Project is materially unaltered from that in the SEKDCFS-EIA, the Applicant shall extract all relevant information from the SEKDCFS-EIA on the Project, including the assessment and findings, and the part of the Implementation Schedule of Environmental Mitigation Measures relevant to the Project, and present clearly in the EIA report.  In the case that material change to the Project is identified, the operational water quality impact for the Project shall be re-assessed and updated following the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM respectively and making reference to similar methodologies adopted in the SEKDCFS-EIA.