Environmental Permit No. EP-388/2010
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to the Civil Engineering and Development Department (hereinafter referred as the "Permit Holder") to construct the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
Document in the Register:
1. Development of a Bathing Beach at Lung Mei, Tai Po (Register No. AEIAR-123/2008) :
- Environmental Impact Assessment (EIA) Report (November 2007) [Hereafter referred to as "the EIA Report"]
- Environmental Monitoring and Audit (EM&A) Manual (November 2007) [Hereafter referred to as "the EM&A Manual”]
- Executive Summary (November 2007)
1. 發展大埔龍尾泳灘(登記冊檔號： AEIAR-123/2008):
- 境影響評估報告 (2007年11月) [下稱“環評報告”]
- 環境監察審核手冊 (2007年11月) [下稱“環監手冊”]
2. The Director’s letter of approval of the EIA Report dated 21 November 2008, (ref. (6) in EP 2/N5/C/46 Pt.5)
2. 署長於2008年11月21日發出該環評報告的批准信，檔案編號: (6 in EP 2/N5/C/46 Pt.5)
3. Application for Environmental Permit submitted on 1 April 2010 (Application No. AEP-388/2010) [Hereinafter referred to as the "Application"]
3. 於2010年4月1日 提交的環境許可證申請文件 (申請書編: AEP-388/2010) [下 稱 「 申 請 書 」]
26 April 2010
(Maurice K.L. YEUNG)
Principal Environmental Protection Officer
(Assessment and Noise)
for Director of Environmental Protection
Hereunder is the description of the designated project mentioned in Part A of this environmental permit:
Title of Designated Project
Development of a Bathing Beach at Lung Mei, Tai Po
[The project is hereinafter referred to as "the
Nature of Designated Project
Dredging operation for the development of a bathing beach, which is less than 500m from the nearest boundary of an existing site of special scientific interest and conservation area.
Location of Designated Project
Lung Mei, Tai
Figure 1 attached to this Permit shows the location of the Project.
Scale and Scope of Designated Project
The Project is to develop a bathing beach at Lung Mei, Tai Po and the scope of works of the Project includes the following :-
(i) construction of a 200m long beach with a groyne at each end of the beach which includes dredging and sandfilling works;
(ii) construction of one culvert at the eastern side of the beach and another small section of culvert and open drainage channel with gabion embarkments at the western end, both to collect and divert surface runoff from upstream locations; and
(iii) construction of a beach building with associated beach building facilities, kiosk and a carpark and associated road improvement works adjoining the facility;
(ii) 於泳灘東面建造箱型暗渠，及於泳灘西面建造小型箱型暗渠及其所連接的明渠，明渠兩側的河堤將採用石籠建造。兩者皆用作將上游所收集的地面水改道; 以及
1. General Conditions
1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and may become the subject of appropriate action being taken under the Ordinance.
1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction and operation of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the construction site(s) at all vehicular site entrances/exists or at a convenient location for public’s information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such location. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same location as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site(s).
1.6 The Permit Holder shall construct the Project in accordance with the project descriptions in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and all recommendations described in the EIA Report (Register No. AEIAR-123/2008); the application documents including all attachments (Application No. AEP-388/2010); other relevant documents in the Register; and the information or mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All deposited submissions, as required under this Permit, shall be rectified in accordance with the comments, if any made by the Director within one month of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variations of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the EIA Ordinance (Cap. 499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under the Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIA Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.
2. Submissions or Measures before Commencement of Construction of the Project
Employment of Environmental and Audit (EM&A) Personnel
2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report (Register No. AEIAR-123/2008) and this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report (Register No. AEIAR-123/2008) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual, and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-123/2008) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.
Management Organization of Main Construction Companies
2.3 The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
Measures for Mitigating Ecological Impact
2.4 To mitigate the ecological impact on the Common Rat Snake Ptyas mucosus, capture-surveys on the species shall be conducted by a qualified ecologist within the project site before the commencement of construction of the Project. Any of these species caught during the surveys shall be relocated to nearby shrubland or other suitable habitats to be agreed by the Director. The Permit Holder shall, within one month after completion of capture-survey and relocation works, deposit with the Director three hard copies and one electronic copy of the report including the following information :-
(a) qualification of the ecologist(s) to carry out the capture-survey and relocation works;
(b) methodology and findings on capture-surveys of Common Rat Snake Ptyas mucosus, and photographs of Common Rat Snake Ptyas mucosus captured and relocated; and
(c) locations of the receptor sites for relocation.
Before submission to the Director, the report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-123/2008).
Submission of Landscape Plan
2.5 The Permit Holder shall, at least one month before the commencement of construction of the Project, submit four hardcopies and one electronic copy of landscape plan to the Director for approval. The landscape plan shall show the locations, size, number and species of planting, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures of the Project, in particular the landscape and compensatory planting and architectural and chromatic treatment of the beach building including the blank wall facing Ting Kok Road. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-123/2008).
3. Submissions or Measures during Construction of the Project
Measures to Minimize Water Quality Impact
3.1 All dredging and sandfilling works shall only be carried out within the site boundary as shown in Figure 1 of this Permit.
3.2 No more than one dredger shall be used for the dredging operation.
3.3 Closed grab dredger shall be employed for dredging and the dredging rate shall not exceed 31m3 per hour to minimize release of sediment and contaminants during dredging. The operation time of dredging works shall not exceed 8 working hours per day and 6 working days per week.
3.4 A movable cage type / metal frame type silt curtain as shown in Figure 2 of this Permit shall be employed and maintained at all time throughout the dredging operation to minimize the water quality impact.
3.5 Splashing of dredged material into the surrounding waters is prohibited during loading of barges and grabs. No overflowing or spillage or leakage of dredged material causing water pollution is allowed during loading or transportation.
3.6 Sandfilling works shall not carried out concurrently with the dredging works and shall be carried out only after the construction of groynes has been completed.
3.7 No more than one sandfilling barge shall be used for the sandfilling operation.
3.8 The sandfilling rate shall not exceed 333 m3 per hour and the total sandfilling quantity shall not exceed 1,000m3 per day.
3.9 A standing type silt curtain as shown in Figure 3 of this Permit shall be installed at locations shown in Figure 3 of this Permit throughout excavation works for two drainage diversions and sandfilling operation to minimize the water quality impact.
3.10 To mitigate water quality impact during construction, all mitigation measures described in Annex A shall be fully implemented.
Measures to Minimize/Mitigate Ecological Impact
3.11 To minimize the potential ecological impact on fish species of conservation importance including Two-spot Goby Psammogobius biocellatus, Tropical Sand Goby Favonigobius reichei and Grass Puffer Takifugu niphobles, the following precautionary measures shall be implemented : -
(a) the removal of rocks/hard objects in the intertidal zone shall be conducted during low tide and the area shall not exceed 10m2 for each removal. The rock removal works shall be conducted under the supervision of a qualified fish specialist who will be responsible for checking for any species of concerns under the rocks/hard objects to be removed. The proposed fish specialist shall be agreed by the Director.
(b) The “cleared” areas shall be properly fenced off immediately after removal of the rocks/hard objects. The qualified fish specialist shall inspect the areas beforehand to avoid trapping any species of concerns inside the enclosed area; and
(c) A trial shall be conducted in the beginning of the rock removal work so as to further fine-tune the above method, if necessary.
3.12 To mitigate the loss of mangrove seedlings/plants within the site boundary during construction, mangrove seedling plantings of plant species, namely Aegiceras corniculatum, Avicennia marina and Kandelia obovata shall be provided before the commencement of operation. The Permit Holder shall, no later than three months before commencement of mangrove seedling planting works, deposit with the Director three hard copies and one electronic copy of mangrove seedling planting proposal. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-123/2008). The detailed mangrove seedling planting proposal shall include the following information:
(a) qualification of the specialist(s) to supervise the planting works;
(b) number and species of planting;
(c) locations of the planting sites;
(d) methodology and implementation programme; and
(e) detailed schedule for post-plantation maintenance and monitoring of plants.
The mangrove seedling planting works shall be implemented according to the planting proposal.
Measures to Mitigate Landscape and Visual Impacts
3.13 All landscaping and visual mitigation measures shall be implemented for the Project in accordance with the landscape plan approved under Condition 2.5 of this Permit. At least one month before the Project commences operation, four hard copies and one electronic copy of detailed landscape as-built drawing(s) with an explanatory statement showing the final locations, size, number and species of planting to demonstrate compliance with the approved submissions under Condition 2.5 of this Permit shall be deposited with the Director. This as-built submission shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.5 is fulfilled.
Measures to Reduce Light Pollution
3.14 Outdoor lightings of the Project shall be designed to reduce light pollution and impact on star-watching activities at the beach. For this purpose, light housings with full-cut-off designs which reflect light totally downward and better design of light shielding are examples that can be considered.
4. Environmental Monitoring and Audit (EM&A) Requirements for the Construction of the Project
4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual. Any changes to the monitoring and audit requirements shall be justified by the ET leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual, and shall seek the prior approval from the Director before implementation.
4.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded;
(d) logging and keeping records of the details of (a) to (c) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
4.3 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.
4.4 Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
4.5 All EM&A data submitted under this Permit shall be true, valid and correct.
5. Electronic Reporting of EM&A Information
5.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Condition 4 above of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.
5.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 5.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
5.3 The Internet web site as described in Condition 5.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the Project Profile and this Environmental Permit. The Internet web site shall have features capable of:
(a) providing access to all environmental monitoring data of this Project collected since the commencement of construction;
(b) providing access to all finalized submissions as required under this Permit;
(c) searching by date;
(d) searching by types of monitoring data (water quality, ecology, noise and air quality); and
(e) hyperlinking to relevant monitoring data after searching;
or otherwise as agreed by the Director.
1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Descriptions of Designated Project) and PART C (Permit Conditions). Any person relying on this Permit should obtain independent legal advice on the legal implications under the EIAO, and the following notes are for general information only.
2. If there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13 of the EIAO to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.
4. A person who assumes responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the EIAO to the Director for a further environmental permit.
5. Under Section 14 of the EIAO, the Director may with the consent of the Secretary for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the site.
6. If this Permit is cancelled or surrendered during construction of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.
7. Any person who constructs the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable: -
(i) on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.
8. The Permit Holder may appeal against any condition of this Permit under Section 17 of the EIAO within 30 days of receipt of this Permit.
9. The Notes are for general reference only and that the Permit Holder should refer to the EIAO for details and seek independent legal advice.
Environmental Permit No. EP-388/2010
Measures to Mitigate Water Quality Impact During Construction
(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.
(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.
(iii) Manholes (including newly constructed ones) shall be adequately covered and temporarily sealed so as to prevent silt, construction materials or debris being washed into the drainage system.
(iv) Silt removal facilities, sediment traps, channels and manholes shall be suitably maintained with the deposited silt and grit being removed regularly at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning properly at all times.
(v) Earthworks final surfaces shall be well compacted and the subsequent permanent work or surface protection shall be carried out immediately after the final surfaces are formed to prevent erosion caused by rainstorms. Appropriate intercepting channels shall be provided along the site boundary. Rainwater pumped out from trenches or foundation excavations shall be discharged into silt removal facilities before discharge into storm drains.
(vi) Open stockpiles of construction materials (e.g. aggregates and sand) on site shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.
(vii) All generators, fuel and oil storage shall be within bunded areas. Drainage from the areas shall be connected to storm drains via a petrol interceptor, which should be regularly emptied to prevent the release of oil and grease into the storm water drainage system.
(viii) The excavation works for the drainage diversions shall be carried out during low tide or under a condition that seawater influx entering the works area can be minimized to keep the works area dry.
(ix) The dredging / sandfilling works shall not cause the release of foam, oil, grease, litter or other objectionable matter into the water within and adjacent to the Project site.
(x) Adequate clearance between vessels and the seabed shall be maintained at all time to avoid water pollution due to turbulence from the vessel movement or propeller wash.