Environmental Impact Assessment Ordinance (Cap. 499)>
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-021/1998
Project Title : Route 16 Investigation Assignment - Alternative Alignment Study
The name of Applicant : Highways Department, Major Works Project Management Office
1.1 An application (No. ESB-021/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 29th October 1998 with a project profile (No. PP-031/1998) on the captioned project.
1.2 The Applicant proposes to design and implement the construction of a dual 3-lane route connecting West Kowloon and Sha Tin, including tunnels, viaducts and slip road connections. The project covered in the project profile is a Designated Project under the EIAO by virtue of Section A.1 of Schedule 2 under the Ordinance.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the captioned Applicant to carry out an EIA study.
An EIA Study was completed for a route alignment for Route 16, which was designated as the Conforming Alignment. Details of this previously approved EIA report are:
|Title: Route 16 Investigation Assignment from West Kowloon to Sha Tin–Environmental Impact Assessment: Final Assessment Report, Environmental Monitoring and Audit Manual|
|EIAO Register referenc number: EIA–135/BC|
|Endorsed by Advisory Council on the Environment: February 1998|
The current EIA Study is required as a result of major design changes including an alternative alignment option for the Kowloon end of Route 16, widening of the Lai Chi Kok Viaduct, and the direct connection with Route 9. This alignment option from Sha Tin to West Kowloon, including all the noted changes, is designated as the Alternative Alignment.
1.5 The purpose of this EIA Study is to provide information on the nature and extent of environmental impacts arising from the construction, operation of the proposed Alternative Alignment project and all related activities taking place concurrently. This information will contribute to decisions by the Director on:
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA Study are as follows:
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 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 the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM), are fully complied with.
3.2 The scope of this EIA study covers the proposed project mentioned in section 1.2 above, including:
3.3 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. However, this EIA Study should present detailed assessments for only those issues arising from the differences between the Conforming Alignment and the Alternative Alignment (including differences in traffic projections). Wherever relevant and possible, reference should be made to the above approved EIA report for the Conforming Alignment, regarding assessment details, results, required mitigation measures, and residual impacts, etc. The following are the technical requirements for specific impacts:
3.4 Noise Impact Study
3.4.1 The "study area" shall be within 300m of the proposed project. However, the study area can be reduced accordingly if the first layer of the noise sensitive receivers (NSRs), closer than the noted 300m distance, provide acoustic shielding to those receivers at further distance behind subject to the agreement with the Director.
3.4.2 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact stated in Annexes 5 and 13 of the TM respectively.
The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies.
The Applicant shall provide an inventory of noise sources for both the construction noise assessment and operational noise assessment. From a knowledge of the likely type, sequence and duration of construction activities required for the project implementation, identify those construction activities likely to cause noise problems to the receivers. For a road project, the inventory shall include the road traffic data. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
If the unmitigated construction noise levels are found exceeding the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including but not limited to movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimise the impact. If the mitigated noise levels are still exceeding the relevant criteria, the duration of the noise exceedance shall be given.
(a1) The Applicant shall analyse the scope of the proposed road alignment(s) to identify appropriate new and existing road sections for the purpose of traffic noise impact assessment. When an existing road section undergoes major modification which will directly result in 25% increase in lanes or substantial changes in alignment or characters (e.g. change into high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.
(a2) The Applicant shall calculate the traffic noise levels in respect of each road section and the overall noise levels from the combined road sections (both new and existing) at the NSRs.
(b1) The Applicant shall present the prevailing and future traffic noise levels in L10 (1 hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
(b2) The potential noise impact of proposed road alignment(s) 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 issued under the EIAO.
(c1) After rounding of the predicted noise levels according to "Calculation of Road Traffic Noise", the Applicant shall propose direct technical remedies in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM issued under the EIAO by 1 dB(A) or more. Specific reasons for not adopting certain direct technical remedies to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs as far as possible shall be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies shall be provided.
(c2) The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria in the TM with the implementation of all recommended direct technical remedies shall be quantified.
(c3) In case where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements which may qualify for indirect technical remedies. Eligibility of the affected premises for indirect technical remedies shall be determined based on satisfying all of the following three criteria:
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of the recommended direct technical remedies. For instance, when decking over of roadways is identified to be necessary, the air quality and the increase in noise levels below the deck and at the portals shall be addressed.
3.5 Air Quality Impact
3.5.1 The "study area" shall be within 500m from the proposed project.
3.5.2 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the TM respectively arising from operational phase of the project only.
3.5.3 The air quality impact assessment shall include the following:
(a1) Assess the net and cumulative air pollution impact of the proposed project to receptors by dispersion modelling. The Applicant shall provide detailed methodology statement and key assumptions of the selected model such as emission factors and other input parameters etc. to the Director for comment and consent before commencement of the Study.
(a2) The report shall include the entire output file(s) of the model run(s) in electronic format. These files shall echo all the input data.
(a3) Air pollution Isopleths shall be produced as an output of the study.
(a4) The Applicant shall also assess the air quality implications of any proposed noise mitigation measures. If noise mitigation measures such as noise canopy, which will affect dispersion of air pollutants are proposed to mitigate noise impact due to traffic flow, then the Applicant shall also assess the implications of such mitigation measures on air quality impact. If noise canopy in the form of total enclosure is proposed, then both 'tunnel' portal emissions and air quality inside the 'tunnel' shall also be addressed.
The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) regulation in dust control and shall initiate an audit and monitoring programme during construction to ensure construction dust impacts within 500m of the Project are controlled within the relevant standard as stipulated in Annex 4 of the TM.
3.6 Water Quality Impact
3.6.1 The "study area" shall be within 300m from the proposed project.
3.6.2 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. Essentially, the assessment shall address the following:
3.7 Waste Management Impact
3.7.1 The "study area" shall be generally within 500m from the proposed project. Where off-site impact may be caused (e.g. waste disposal or dumping), the study area shall also include locations beyond this limit.
3.7.2 The Applicant shall assess the waste management implications arising from the construction of the project in accordance with Annex 7 and 15 of the TM. The assessment of waste management impacts shall cover, but not limited to, the following:
Identify the quantity, type, quality and timing of the liquid and solid waste arising as a result of the construction, based on the sequence and duration of these activities.
3.8 Landscape and Visual Impact
3.8.1 For landscape impact, the "study area" shall be within 500m from the proposed project. As for visual impact, all sensitive receivers shall be assessed within the visual envelope outlining the area of land where there is a view of any part of the proposed project (Lion Rock Country Park to be included as a sensitive receiver for visual impact).
3.8.2 The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impact as stated in Annexes 10 and 18 of the Technical Memorandum, respectively. Landscape and visual impact assessment shall cover the following:
3.8.3 Assessment of Landscape Impacts
22.214.171.124 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the Study Area. It shall focus particularly on the sensitivity of the landscape framework such as green belt, open space, landscape protection area, etc., and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape. Impacts shall be categorized according to Annex 8 of the TM to allow for an assessment of the significance of such impacts.
3.8.4 Assessment of Visual Impacts
126.96.36.199 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:
3.8.5 Review of Planning and Development Control Framework
188.8.131.52 The Applicant shall review outline zoning plans, outline development plans, layout plans, planning briefs, etc. Such review will give an insight to the future outlook of the area affected and ways the project can be assimilated into the environment. Any conflict with the statutory town plan shall be highlighted and appropriate follow up action shall be recommended.
3.8.6 Proposals for Mitigation Measures
184.108.40.206 The Applicant shall recommend mitigation measures to minimise the adverse effects identified in 3.8.3 and 3.8.4 above, including the provision of a landscape design. The mitigation measures shall include the preservation of vegetation, transplanting of mature trees, provision of screen planting, revegetation of disturbed land, compensatory planting, reprovisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, colour scheme and texture of materials used and any measures to mitigate the disturbance to the existing landuse. Parties shall be identified for the on-going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operational phase of the project. A practical programme and funding proposal for the implementation of the recommended measures shall be presented.
3.8.7 Presentation Materials
220.127.116.11 As appropriate, perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photo-retouching and photomontages shall be adopted to illustrate the landscape and visual impacts of the project. The Applicant shall record the technical details on preparing the illustrative material, which may need to be submitted for verification of the accuracy of the illustrations.
3.9 Ecological Impact (Both Aquatic And Terrestrial)
3.9.1 For ecological impact, the "study area" shall be within 500m from the proposed project.
>3.9.2 The Applicant shall examine the flora, fauna and other components of the ecological habitats within the project areas and other areas likely to be affected by the project. It shall be the aim to protect, maintain or rehabilitate the natural environment. In particular, the proposed project shall avoid impacts on recognised sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the construction and operation of the project. The study shall evaluate the environmental acceptability of the project. The relevant guidelines and requirements laid down in the TM, in particular Annexes 8 and 16, shall be followed.
3.9.3 The Applicant shall carry out the following tasks in the assessment :
3.10 Heritage Impact Assessment
3.10.1 The heritage impact assessment shall be conducted for the Lai Chi Kok Hospital and the historic buildings in Tin Sam, Sha Tin.
3.10.2 The heritage impact assessment shall focus on the evaluation of impacts on cultural heritage and proposals for any mitigation measures with detailed elaboration on scope of work including:
3.10.3 The Applicant shall follow the criteria and guidelines for evaluating and assessing impacts on cultural heritage as stated in Annexes 10 and 19 of the TM respectively.
3.11 Hazard Assessment
3.11.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing hazard to life as stated in Annex 4 of the TM. The assessment shall cover both construction and operation stages, and include the Lai Chi Kok Reception Centre LPG Installation and the Carado Garden LPG Installation (in Tai Wai), as well as Sha Tin Water Treatment Works, Tai Po Road Water Treatment Works, and Shek Lei Pui Water Treatment Works. The objectives of the hazard assessment shall include the following:
4. ENVIRONMENTAL MONITORING AND AUDIT (EM&A) REQUIREMENTS
4.1 Environmental Monitoring & Audit (EM&A) Requirements
4.1.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operational phases of the project and, if affirmative, to define the scope of the EM&A requirements for the project in the EIA study.
4.1.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.
4.1.3 The Applicant shall prepare a project implementation schedule, in the form of a check list as shown in annex I attached, containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
5. DURATION OF VALIDITY
5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.
6. REPORT REQUIREMENTS
6.1 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.
6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :
45 copies of the EIA report in English and 45 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.
6.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.
6.4 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.
6.5 When the EIA Report and the Executive Summary are made available for public inspection under S.7(1) of the EIA Ordinance, 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.
7. OTHER PROCEDURAL REQUIREMENTS
7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.
If there is any key change in the scope of the project mentioned in section 1 of this EIA study brief and in the Project Profile (No. PP-031/1998), 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 another EIA study brief afresh.
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