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
3.1.1 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
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.
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 operati