1. BACKGROUND

1.1 The Applicant completed a Preliminary Environmental Review (PER) in late 1996 in conjunction with the Preliminary Project Feasibility Study for the proposed project. The PER findings indicated that an EIA is required to be completed during the feasibility study stage of this project to address principally the issue of noise impacts during operational stage of the project, amongst other issues.

1.2 The PER findings also indicated that the EIA shall take into account the findings and recommendations of the on-going Drainage Services Department's (DSD's) study "Agreement No. CE 101/95 – Feasibility Study for Nullah Decking and Associated Environmental Improvements" in the design and construction of this project. The PER findings also required the EIA shall take into account the effects of such environmental improvement schemes being implemented for tackling the odour and water pollution problem at Kai Tak Nullah, including the North & South Kowloon Sewerage Master Plan, East Kowloon Sewerage Improvement Scheme and Tolo Harbour Effluent Export Scheme (THEES). The design and construction of the proposed project shall take into account of these schemes, including provision of access to existing water quality monitoring stations in Kai Tak Nullah for water sampling purpose.

1.3 An application (No. ESB-022/1998) 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 3rd　5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 3rd　November 1998 with a project profile (No. PP-033/1998) on the captioned project.

1.4 The Applicant proposes to widen a segment of Choi Hung Road between Yin Hing Street and Sze Mei Street from 2 to 3 lane dual carriageway through the decking of that segment of Kai Tak Nullah to improve the flow of traffic on Choi Hung Road while increasing the capacity of the road junctions at Choi Hung Road/Tai Shing Street and at Shatin Pass Road/Po Kong Village Road. The project profile covers the following designated projects:

1. widening of the Choi Hung Road, an exiting District Distributor road, from 2 to 3 lane dual carriageway within the study area mentioned in section 3.2 below.

1.5 Pursuant to section 5(7)(a) of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.

1.6 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 proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

2. the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and

3. 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:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

2. to identify and describe elements of community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including natural and man-made environment;

3. to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

4. to identify any potential landscape and visual impacts and determine the significance of impacts on sensitive receivers;

5. 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;

6. 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;

7. 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 reducing them to acceptable levels;

8. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

9. to identify constraints associated with the mitigation measures recommended in the EIA study;

10. to identify, within the study area, any individual project(s) that fall under Schedule 2 of the EIA Ordinance; to ascertain whether the findings of this EIA study have adequately addressed the environmental impacts of those projects; and, where necessary, to identify the outstanding issues that need to be addressed in any further detailed EIA study; and

11. to design and specify environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The purpose 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 referred to as the TM) are fully complied with.

The Scope

3.2 The scope of this EIA study shall cover the study area shown in the attached Figure No. 2.1 copied from the Project Profile No. PP-033/1998 and shall include the designated projects mentioned in section 1.4 above, namely:

• widening of Choi Hung Road, an exiting District Distributor road, from 2 to 3 lane dual carriageway within the study area mentioned in section 3.2 above.

Technical Requirements

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, including the requirements set out in section 1.2 above. The EIA study shall include the following technical requirements on specific impacts.

3.3.1 Air Quality Impact

3.3.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.

3.3.1.2 The study area for air quality impact shall generally be defined by a distance of 500m from the boundary of the road widening works area in Figure 2.1 attached.

3.3.1.3 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and, subject to section 3.3.5 below, shall initiate an audit and monitoring program during the constructional stage to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the Technical Memorandum.

3.3.1.4 The PER findings indicated that during the operation phase of the proposed project, the Hong Kong Planning Standards and Guidelines (HKPSG) limits on air quality can be satisfied. This should be reviewed and reconfirmed in the operational phase assessment of the EIA. Should the review indicate that the PER findings are no longer valid, the vehicle emission assessment shall be carried out in accordance with section 3.3.1.5 below:

3.3.1.5 The air quality assessment shall include the following :

1. presentation of background air quality in the study area for the purpose of evaluating the cumulative air quality impacts of the proposed project;

2. description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants within the study area;

3. identification of representative air sensitive receivers and/or potential affected uses;

4. identification of emission characteristics and provision of an emission inventory of the existing, committed and planned air pollution sources;

5. description of assessment method (whether analytical, numerical or physical) and associated assumptions, validity of the method and limits of application;

6. analysis of operational activities (after commissioning), its related air quality impact and characterization;

7. assessment and evaluation of the net and cumulative air quality impacts;

8. presentation of the assessment results in the form of summary table and pollution contours, whenever practicable, for comparison with relevant air quality standards and the examination of the land use implications of these impacts;

9. proposals of effective mitigation measures to reduce the cumulative air pollution impacts to established standards;

10. the air quality implications of any proposed noise mitigation measures should be assessed. 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 should 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" should also be addressed ; and

11. the report that is submitted to Air Policy Group of EPD should include all input and output files of the model run(s) in electronic format.

3.3.2 Noise Impact

3.3.2.1 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.

3.3.2.2 The noise impact assessment shall include the following :

1. Determination of Assessment Area

   The area for the noise impact assessment shall include all areas within 300m from the road widening works boundary in Figure No. 2.1 attached. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the road widening works boundary, provides acoustic shielding to those receivers at further distance behind.

2. 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 involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.

3. Identification of Noise Sensitive Receivers
   1. The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

   2. 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 floors of each and every selected assessment point shall be given. For planned noise sensitive land uses without committed site layouts, the Applicant should use the relevant planning parameters to work out site layouts for operational noise assessment purpose.

4. Provision of an Emission Inventory of the Noise Sources

   The Applicant shall provide an inventory of noise sources (e.g. construction equipment for construction noise assessment; etc. as appropriate, for operational noise assessment). For road projects, the inventory shall include the road traffic data. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

5. Construction Noise Assessment
   1. The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated 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.

   2. To minimise the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.

   3. 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 task) to minimise the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

6. Operational Noise Assessment
   1. Road Traffic Noise

      (a1) Calculation of Noise Levels

      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 to a high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.

      The Applicant shall calculate the 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 the peak hour traffic flow in respect of the maximum traffic projection within a 15 years period upon commencement of operation of the proposed roadwork. 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.

      (a2) Presentation of Noise Levels

      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.

      Quantitative assessment at the NSRs for proposed road alignment(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the Technical Memorandum. 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 Technical Memorandum.

      (a3) Proposals for Noise Mitigation Measures

      After rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), 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 by 1 dB(A) or more. 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 the NSRs as far as possible should 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 should be provided.

      The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria with the implementation of all recommended direct technical remedies shall be quantified.

      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 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 the eligibility of the affected premises for indirect technical remedies, reference shall be made to the set of following three criteria:

      1. the predicted overall noise level from the new road 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(1 hr));

      2. the predicted overall noise level 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 to the increase in the predicted overall noise level from the new road must be at least 1.0dB(A).

7. 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.

8. Evaluation of Constraints on Planned Noise Sensitive Developments/Landuses

   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 practicality 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 study to assess the development potential of concerned sites which shall be made known to the relevant parties.

3.3.3 Water Pollution

3.3.3.1 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.

3.3.3.2 The assessment area for the purpose of this water quality impact assessment shall cover the road widening works area as shown in Figure No. 2.1 attached, plus any existing and planned stormwater drainage system and the associated water system in the vicinity that may be affected by the project.

3.3.3.3 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of marine and stormwater system(s) arising from construction and operation of the project.

3.3.3.4 The Applicant shall include the following in the water quality impact assessment :

1. Collection and review of background information, including information of the on-going DSD’s study and various environmental improvement schemes mentioned in section 1.2 above, on the existing water system(s) and the respectively catchment(s) which might be potentially affected by the proposed project both during construction and operation.

2. Characterisation of water and sediment quality on the surrounding water systems, based on existing or site survey, which might be potentially affected by the proposed project both during construction and operation.

3. Identification and analysis of all existing and future activities and beneficial uses related to water system(s) and identify all sensitive receivers which might be affected by the proposed project both during construction and operation.

4. Establishment of pertinent water and sediment quality objectives, criteria and standards for the identified water system(s) and sensitive receivers.

5. Identification of any construction activities such as on-site concrete batching, decking, excavation and filling which might lead to alteration of water courses, increase sediment loading to downstream watercourses or drainage systems, affect or disrupt the operation the THEES Dry Weather Flow Interceptor (DWFI) and changes of catchment area(s).

6. Prediction and quantification of impacts on the water system(s) and sensitive receivers due to changes identified in v) above. Possible impacts in particular during construction include changes in sediment erosion, deposition, potential disruption of THEES DWFI and contaminated construction runoff and the effects on the identified sensitive receivers and water system(s) due to such changes. The prediction shall take into account and include possible different construction stages or sequences. Prediction and quantification of cumulative impacts due to other projects, activities or pollution sources within 300 m from both sides along the identified water system(s) and sensitive receivers.

7. Assessment and evaluation of any potential water quality impacts on the identified water system(s) and sensitive receivers due to sewage arising from on-site construction workforce. Any effluent generated would require appropriate treatment and disposal.

8. Identification, assessment and evaluation of any potential stormwater impacts on the identified water system(s) and sensitive receivers as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in item (iv) above. Best management practices shall be recommended to reduce any potential impacts arising from stormwater and construction runoff during construction and operation phases.

9. Establishment of erosion control plan during construction as per assessments carried out in (vi) above. This erosion control plan shall incorporate details such as locations, sizes and types of best management practices, which will be used to reduce stormwater and construction runoff pollution arising during construction works. In addition, contingency plan shall also be included as part of this plan to prepare for any potential disruption of the THEES DWFI during construction works. These requirements shall be incorporated in the project contract document and formed part of the permit conditions.

10. Evaluation and quantification of residual impacts on the water system(s) and sensitive receivers with regard to the appropriate water and sediment quality objectives, criteria, standards and guidelines established in (vi).

11. Identification, assessment and evaluation of access openings and related features required in the design and construction of the project in order for DSD to carry out regular and emergency maintenance of the Kai Tak Nullah, particularly the decked portions, so as to prevent any deterioration of water quality in the Nullah. The environmental acceptability of the decking over of the Nullah shall be assessed and evaluated.

3.3.4 Landscape and Visual Impact

3.3.4.1 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.

3.3.4.2 The assessment area for the landscape impact assessment shall include all areas within a 500m distance from the proposed project. The assessment area for the visual impact assessment shall be defined by the visual envelope of the proposed project.

3.3.4.3 The landscape and visual impact assessment shall include the following:

1. a baseline study to provide for a comprehensive and accurate description of the baseline landscape and visual character;

2. a review of the relevant planning and development control framework;

3. impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and

4. recommendations on mitigation measures and implementation programme.

3.3.4.4 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the assessment area. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. The Applicant shall describe the appearance of the project to include its height, colour, finishes and so forth and shall identify the degree of compatibility of the proposed project with the existing landscape.

3.3.4.5 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following :

1. identification and plotting of visibility contours of the proposed project within the assessment area;

2. identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;

3. description of the visual compatibility of the project with the surrounding, and its obstruction and interference with key views of the adjacent areas; and

4. the severity of visual impacts in terms of nature and distance, number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.

3.3.4.6 The Applicant shall review relevant outline zoning plans, outline development plans, layout plans, planning briefs and studies which may contain guidelines and urban design concept, building height profile and designated view corridors. The aim is to gain an insight to the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with statutory town plan should be highlighted and appropriate follow-up action recommended.

3.3.4.7 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall also include the retention and transplanting of mature trees, provision and reprovision of amenity area, screen planting, compensatory planting, design and finishes of structure, colour scheme and texture of material uses, revegetation of disturbed land, and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation phase of the proposed project. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out.

3.3.4.8 Perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate landscape and visual impacts of the proposed project. The Applicant shall record the technical details in preparing the illustration which may be required for verification of the accuracy of the illustration.

3.3.5. Environmental Monitoring & Audit (EM&A) Requirements

3.3.5.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during 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.

3.3.5.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

3.3.5.3 The Applicant shall prepare a project implementation schedule (in the form of a check list as shown in attached Annex 1) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

4. DURATION OF VALIDITY

4.1 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.

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 :

1. 40 copies of the EIA report in English and 80 copies of the executive summary 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.

2. when necessary, addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.

3. 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 make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

5.4 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.

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 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.

6. OTHER PROCEDURAL REQUIREMENTS

6.1 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.

6.2 If there is any key change in the scope of the project mentioned in section 1.2 of this EIA study brief and in Project Profile No. PP-033/1998 , 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.

--- END OF EIA STUDY BRIEF ---

December 1998
UAG, EAND,
Environmental Protection Department

| Annex I | Figure No. 2.1 |

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