Environmental Permit No. EP - 457/2013/C

                                                                                    環境許可證編號 EP- 457/2013/C

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & 13

環境影響評估條例

(499)

1013

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE 
DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants the environmental permit (No. EP-457/2013) to the Highways Department (hereinafter referred to as the "Permit Holder") on 9 August 2013. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit (No. EP-457/2013/B) based on the Application No. VEP-517/2016. The amendments, described below, are incorporated into this Environmental Permit (EP-457/2013/C).  This Environmental Permit as amended is for the construction and operation of 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 :-

根據《環境影響評估條例》(環評條例)10條的規定,環境保護署署長(署長) 2013 8 9將環境許可證編號:EP-457/2013)批予政署 (下稱許可證持有人”)根據環評條例第13條的規定,署長因應更改環境許可證的申請編號VEP-517/2016修訂環境許可證(編號EP-457/2013/B)。以下修訂已包含在本環境許可證內 (編號:EP-457/2013/C)。本經修訂的環境許可證作為建造及營辦許可證B所說明的指定工程項目,但須遵守C所列明的條件。本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據:-

 

Application No.

申請書編號

VEP-517/2016

Document in the Register

登記冊上文件

(1)  Central Kowloon Route –Design and Construction (Register No.: AEIAR-171/2013):

-          Environmental Impact Assessment Report for Central Kowloon Route (January 2013) [Hereinafter referred to as the “EIA Report”]

-          Environmental Monitoring and Audit Manual for Central Kowloon Route (January 2013) [Hereinafter referred to as the “EM&A Manual”]

-          Environmental Impact Assessment Executive Summary for Central Kowloon Route (January 2013)

中九龍幹線 – 設計及施工 (登記冊編號: AEIAR-171/2013)

-          中九龍幹線環境影響評估報告(20131) [下稱「環評報告」]

-          中九龍幹線環境監察審核手冊(20131) [下稱「環監手冊」]

-          中九龍幹線環境影響評估行政摘要(20131)

 

(2)  The Director’s letter of approval of the EIA report dated 11July 2013 referenced (2) in Ax(1) to EP2/K2/A/04 Pt.16

        署長於2013711發出批准環評報告的信件,檔案編號: (2) in Ax(1) to EP2/K2/A/04 Pt.16

 

(3)  Application for an Environmental Permit submitted by the Permit Holder on 12July 2013 (Application No.: AEP-457/2013)

        許可證持有人於2013712提交的環境許可證申請 (申請書編號: AEP-457/2013)

 

(4)  Application for Variation of an Environmental Permit No.: VEP-440/2014 including all attachments submitted by the Permit Holder on 9 June 2014. [Hereafter referred to as “the Application VEP-440/2014”]

 許可證持有人於201469提交的改環境許可證編號VEP-440/2014的申請和附件 [下稱申請書編號VEP-440/2014”]

 

(5)  Environmental Permit issued on 2 July 2014 (Permit No. EP-457/2013/A).

20147 2日簽發的環境許可證 (許可證編號: EP-457/2013/A)

 

(6)  Application for Variation of an Environmental Permit No.: VEP-473/2015 including all attachments submitted by the Permit Holder on 27 March 2015. [Hereafter referred to as “the Application VEP-473/2015”]

 許可證持有人於2015327提交的改環境許可證編號VEP-473/2015的申請和附件 [下稱申請書編號VEP-473/2015”]

 

(7)  Environmental Permit issued on 22 April 2015 (Permit No. EP-457/2013/B).

2015422日簽發的環境許可證 (許可證編號: EP-457/2013/B)

 

(8)  Application for Variation of an Environmental Permit No.: VEP-517/2016 including all attachments submitted by the Permit Holder on 20 December 2016. [Hereafter referred to as “the Application VEP-517/2016”]

 許可證持有人於20161220提交的改環境許可證編號VEP-517/2016的申請和附件 [下稱申請書編號VEP-517/2016”]

 

 

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into this Environmental Permit

已包含在本環境許可證內的修訂項目

Date of Amendment

修訂日期

VEP-440/2014

9 June 2014

201469

Vary Table 1 and Figure 4c in Part C of the Environmental Permit EP-457/2013.

更改在環境許可證編號EP-457/2013的表及圖4c

 

Vary Part B, Figure 1 of the Environmental Permit EP-457/2013.

更改在環境許可證編號EP-457/2013B1

 

2 July 2014

20147 2

 

VEP-473/2015

27 March 2015

2015327

Vary Condition 2.5 and add Figure 2 in Part C of the Environmental Permit EP-457/2013/A to specify a ‘no works zone’ and the implementation period.

更改在環境許可證編號EP-457/2013/AC2.5項條件及新增2,以指定 ' 禁止施工區域 ' 及其實施期間。

 

Vary Table 1 and Figure 4b in Part C of the Environmental Permit EP-457/2013/A to show the modified noise mitigation measures.

更改在環境許可證編號EP-457/2013/AC的表及圖4b,以展示經整合後的噪音緩解措施。

 

Vary Figure 1 in Part B and Figure 4b in Part C of the Environmental Permit EP-457/2013/A to include the realigned Lin Cheung Road and widened Connection A.

更改在環境許可證編號EP-457/2013/AB1C的圖4b,以包括修訂後的連翔道走線及擴闊後的連接路走線
 
Renumber Figure 2a, Figure 2b, Figure 3 and Figure 4a to Figure 4d in Part C of the Environmental Permit EP-457/2013/A.
為環境許可證編號EP-457/2013/A C2a,圖2b,圖3及圖4a至圖4d重新編號。

 

22 April 2015

20154 22

 

VEP-517/2016

20 December 2016

20161220

Add a new Condition 2.15 in Part C of the Environmental Permit EP-457/2013/B to specify the mitigation measures for the operation of a new barging facility.

在環境許可證編號EP-457/2013/BC新增第2.15項條件,以指定新的躉船轉運站營辦期間的緩解措施。

 

Vary Figure 1 in Part B of the Environmental Permit EP-457/2013/B to include new barging facility and construction and demolition material stockpiling area.

更改在環境許可證編號EP-457/2013/BB1,以包括新的躉船轉運站及拆建料貯存區。

 

Vary Table 1 and Figures 5b and 5c in Part C of the Environmental Permit

EP-457/2013/B to show the modified noise mitigation measures.

更改在環境許可證編號EP-457/2013/BC的表5b5c,以展示經整合後的噪音緩解措施。

 

Vary Condition 2.8 in Part C of the Environmental Permit EP-457/2013/B to address the updates of the landscape and visual mitigation measures.

更改在環境許可證編號EP-457/2013/BC2.8項條件以處理景觀及視覺影響緩解措施的更新。

 

Renumber Conditions 2.15 – 2.20 in Part C of Environmental Permit No. EP-457/2013/B as Conditions 2.16 – 2.21 in Part C of Environmental Permit No. 457/2013/C.

更改環境許可證編號EP-457/2013/B  C的第2.15 – 2.20 項條件編號為環境許可證編號EP-457/2013/C C的第2.16  – 2.21 項條件。

16  January 2017

20171 16

 

 

 

                            16 January 2017

                          20171 16

Date

日期

 

(Tony W.H. CHEUNG)

Acting Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署長

(署理首席環境保護主任 張偉雄代 )

 


PART B ( DESCRIPTIONS OF DESIGNATED PROJECT(S))

B(指定工程項目的說明)

 

 Hereunder is the description of the designated project(s) mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):-

下列為本環境許可證(下稱“許可證”)A所提及的指定工程項目的說明

          

Title of Designated Project(s)

指定工程項目的名稱

Central Kowloon Route

[This designated project is hereinafter referred to as "the Project"]

中九龍幹線
[
本指定工程項目下稱“工程項目”]

 

Nature of Designated Project(s)

指定工程項目的性質

 

·        A road which is an expressway, trunk road, primary distributor road or district distributor road including new roads, and major extensions or improvements to existing roads;

·        A road or railway tunnel more than 800 m in length between portals;

·        A road or railway bridge more than 100 m in length between abutments;

·        A road fully enclosed by decking above and by structure on the sides for more than 100 m;

·        Reclamation works (including associated dredging works) more than 1 ha in size and a boundary of which (c) is less than 100 m from an existing residential area; and

·        A facility for the treatment of construction waste (a) with a designed capacity of not less than 500 tonnes per day; and (b) a boundary of which is less than 200m from an existing or planned

(i)         residential area;

(ii)       place of worship

(iii)      educational institution; or

(iv)     health care institution.

·        屬快速公路、幹道、主要幹路或地區幹路的道路,包括新路及對現有道路作重大擴建或改善的部分;

·        入口之間的長度超過800米的行車隧道或鐵路隧道;

·        橋台之間的長度超過100米的行車橋梁或鐵路橋梁;

·        完全被其上的蓋層和兩邊的構築物所包圍,而被包圍的長度超過100米的道路;

·        面積超過1公頃的填海工程(包括相聯挖泥工程),而其一條界線:(c) 距離一個現有的住宅區少於100米。

·        建築廢物處理設施,(a)其設計的處理能力每天不少於500公噸;及(b)其一條界線距離一個現有的或計劃中的

(i)         住宅區;

(ii)       禮拜場所;

(iii)      教育機構;或

(iv)     健康護理機構,

少於200米。

 

Location of Designated Project(s)

指定工程項目的地點        

The location of this Project is shown in Figure 1 attached to this Permit.

工程項目的位置見載於本許可證夾附的圖1

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

 

Construction and operation of the following key elements:

(a)        a dual 3-lane east-west trunk road about 4.7 km long with about 3.9 km in tunnel connecting West Kowloon with the proposed Kai Tak Development (KTD);

(b)        connection with Yau Ma Tei Interchange of the West Kowloon Highway and associated road network in West Kowloon;

(c)         connection to future Trunk Road T2 and associated road network in Kowloon Bay and KTD;

(d)        a landscaped deck at the west portal and the structure of landscaped decks above the depressed road at east end and above the re-provisioned Kowloon City Ferry Pier Public Transport Interchange;

(e)         re-provisioning of the section of Gascoigne Road Flyover (GRF) affected by Central Kowloon Route (CKR);

(f)         re-alignment of Kai Fuk Road and Hoi Wang Road;

(g)         widening of Lai Cheung Road;

(h)        re-arrange the carriageway lines on GRF (Ferry Street Section) and Ferry Street;

(i)          tunnel ventilation system and air purification system, and associated ventilation buildings, adits and shafts;

(j)          temporary reclamation and dredging works associated with the construction of the underwater tunnel in Kowloon Bay; and

(k)        noise mitigation measures at west end and along the re-provisioned GRF.

建造及營辦以下的主要部份:

(a)        一條總長約4.7公里連接西九龍和啟德發展區之東西行雙向三線主幹道,其中約 3.9公里路段以隧道形式興建;

(b)        中九龍幹線與現有油麻地交處以及西九龍相關道路網路之連接路;

(c)         中九龍幹線與擬建的T2主幹線,以及與九龍灣和啟德發展區相關道路網路之連接路;

(d)        位於幹線西入口處的園景平台和位於幹線東段地下道路之上以及位於重置後九龍城碼頭公共運輸交之上的園景平台的結構;

(e)         重置受中九龍幹線項目影響的部分加士居道天橋;

(f)         啟福道與泓道走線調整;

(g)         麗翔道擴闊;

(h)        渡船街及加士居道天橋(渡船街段)走線調整

(i)          隧道通風系統和空氣淨化系統,以及相應的通風大樓、通風管道、通風井

(j)          建設九龍灣的海底隧道相關的臨時填海工程和挖泥工程;及

(k)        位於幹線西端及重置後的部分加士居道天橋的噪音緩解措施。

 

 

 


PART C (PERMIT CONDITIONS)

C (許可證條件)

 

1.                  General Conditions

一般條件

 

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 (EIAO) (Cap. 499) and may become the subject of appropriate action being taken under the EIAO.

 

1.2              The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise Control Ordinance (Cap. 400). 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 and 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 in the Permit. The site(s) refers to site(s) of construction of the Project and shall mean the same hereafter.

 

1.5              The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular site entrances/exits 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 locations.  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 locations as the original Permit.  The suspended, varied or cancelled Permit shall be removed from display at the Project site(s).

 

1.6              The Permit Holder shall construct and operate the Project in accordance with the project description in Part B of this Permit.

 

1.7              The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the EIA Report (Register No.: AEIAR-171/2013), the application documents for environmental permit (Application No.: AEP-457/2013), other relevant documents in the Register, the information and 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 on-going 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 and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director’s comments or otherwise as 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 variation 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 Environmental Impact Assessment 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 this Permit.

 

1.10          The Permit Holder shall release all finalized submissions as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment 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 Environmental Impact Assessment 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 1.3 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.

 

1.14          The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of operation.

 

2.                  Specific Conditions

           

Submission and/or Measures before Commencement of Construction of the Project

 

Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

2.1              An Environmental Team (ET) shall be established by the Permit Holder no later than one month before 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 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-171/2013) 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-171/2013) 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 of the Project 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-171/2013) 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. 

 

Community Liaison Group

 

2.3              Before the commencement of construction of the Project, the Permit Holder shall set up community liaison groups (CLGs) comprising representatives of affected parties, including local committees, residents and schools in the affected areas along the route alignment, to facilitate communications, enquiries and complaint handlings on environmental issues related to the Project. Respective community liaison teams and a designated complaint hotline shall be set up for the Project to address related concerns and enquiries in an efficient manner. The Permit Holder shall also follow up with the respective CLGs on the implementation of mitigation measures as necessary. The Permit Holder shall notify the Director the date of setting up the CLG, the membership, the terms of reference and the contact details at least one month before commencement of construction of the Project.

  

Management Organization of Main Construction Companies

 

2.4              The Permit Holder shall, no later than one month 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.

 

Submission of Construction Programme and EP Submission Schedule

 

2.5              The Permit Holder shall, no later than one month before commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of the construction programme showing the commencement and completion dates of major items of construction works; together with the anticipated schedule of submissions for fulfilling the submission requirements as contained in this Permit.  No works shall be carried out for the Project in the area shown coloured yellow hatched black in Figure 2 before 1 February 2017. The Permit Holder shall inform the Director in writing of any subsequent changes to this submitted construction programme and EP submission schedule.

 

Submission of Design Drawing of the Project

 

2.6              The Permit Holder shall, no later than one month before the commencement of the construction works of the Project, deposit four hard copies and one electronic copy of design drawing(s) of the Project with scale of at least 1:1000. The drawing(s) shall be submitted with an explanatory statement detailing the works boundaries, the works areas, vertical and horizontal alignments of the CKR, its tunnel, slip roads, ventilation buildings/vent shaft(s) and any other major facilities; and the locations of key environmental mitigation measures, including noise deckings, noise enclosures/semi-enclosures and barriers and low noise road surfacing as mentioned in Conditions 2.17 of this Permit.

 

Submission and Measures for Mitigating Cultural Heritage Impact

 

2.7              The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of the detailed design underpinning scheme of the New Wing of Yau Ma Tei Police Station showing the impact to the said building and the detailed mitigation measures proposal for Yau Ma Tei Police Station recommended in Section 12.6.1 of the EIA Report (Register No.: AEIAR-171/2013).

 

Before submission to the Director, the detailed design underpinning scheme of the New Wing of Yau Ma Tei Police Station shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the EIA Report.  The approved detailed design underpinning scheme of the New Wing of Yau Ma Tei Police Station shall be fully and properly implemented.

 

Submission of Landscape Mitigation Plan of the Project

 

2.8              The Permit Holder shall, at least one month before the commencement of construction of the corresponding component(s) of the Project, deposit with the Director four hard copies and one electronic copy of a Landscape Mitigation Plan(s). The Landscape Mitigation Plan(s) shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations of landscape and visual mitigation measures in the EIA Report (Register No.: AEIAR-171/2013) or otherwise approved by the Director in compliance with the requirements in the Technical Memorandum on Environmental Impact Assessment Process, and Condition 2.10 of this Permit.

 

Submission of Construction Noise Mitigation Measure Plan

 

2.9              To further reduce the air-borne construction noise impacts on Yau Ma Tei Catholic Primary School (Hoi Wang Road), Tak Cheong Building, Prosperous Garden Block 1, The Coronation Tower 1, Ko Fai House of Kwun Fat Court, Grand Waterfront Tower 3 and Hang Chien Court Block J, the Permit Holder shall, no later than one month before the commencement of construction of the corresponding component(s) of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated Construction Noise Mitigation Measure Plan (CNMMP).  The plan shall include:-

 

(a)    a schedule of construction works to be carried out at the works areas of the Project within 300m from the NSRs;

(b)   an updated construction methodology of the construction works;

(c)    an updated powered mechanical equipment (PME) list for the construction works;

(d)   an updated proposal of air-borne construction noise mitigation measures for the Noise Sensitive Receivers as mentioned above, including the provision of noise barriers, enclosures;

(e)    other initiatives proposed by the Permit Holder; and

(f)    an updated prediction of noise levels in accordance with the above updated information and mitigation proposals in place.

 

Before submission to the Director, the CNMMP shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the EIA Report.  The approved CNMMP shall be fully and properly implemented.

 

Submissions and/or  Measures to be Implemented During Construction of the Project

 

Measures for Mitigating Landscape and Visual Impact during construction of the Project

 

2.10          The Permit Holder shall incorporate more innovative designs and greening features in the detailed planning of the landscape features on deckings and ventilation buildings, e.g. planting of trees, preferably scented trees, to provide greening in Kowloon area, tree planting arranged in east-west orientation to create wind corridor effect and use of roof garden/vertical green walls to enhance aesthetic effect. The Permit Holder shall monitor performance of the contractors to ensure that sufficient and suitable soil substrates will be provided for the planting and that there shall be good and sustained horticultural management/maintenance.

 

Measures for Mitigating Construction Dust Impact

 

2.11          To minimise the construction dust impact, the following dust mitigation measures shall be implemented:- 

 

(a)    watering once every working hour to keep active works areas, exposed areas and paved haul roads wet; and

(b)   enclosing the unloading process at any barging point by a 3-sided screen with top cover, and operating water spraying at the discharge point.

 

Measures to Mitigate Water Quality Impacts during Construction of the Project

 

2.12          To minimize water quality impact arising from the dredging works at To Kwa Wan,

 

(a)    dredging shall be carried out by closed grab dredger;

(b)   cage-typed silt curtain (at least 80% SS reduction) shall be deployed to fully enclose the closed grab dredger and shall be extended from water surface to the seabed, as far as practicable, during any dredging operation;

(c)    the dredging rates by closed grab dredger of the Project shall be less than 750 m3/day and 62.5 m3/hour or less than 1500 m3/day and 125 m3/hour when there is no concurrent dredging with Trunk Road T2 and in dry season; and

(d)   the area and extent of surface dredging for navigation is shown in Figure 3a. The surface dredging for navigation shall be carried out in between Stage 1 and Stage 2 temporary reclamations, as shown in Figures 3a and 3b.

 

2.13          To minimize water quality impact arising from the temporary reclamation at To Kwa Wan,

 

(a)    cage-type silt curtain (at least 80% SS reduction) shall be deployed to fully enclose the stone column installation point;

(b)   silt curtains (at least 75% SS reduction) shall be deployed to fully enclose the pipepile / sheetpile installation / demolition point;

(c)    the workfront of temporary reclamation shall be surrounded by cofferdams and the associated excavation and backfilling works for temporary reclamation shall have no contact with seawater outside the cofferdam.

 

Submission and Measures for Mitigating Land Contamination Impact

 

2.14          To determine the extent and level of land contamination and formulate necessary remedial measures at the Kowloon City Ferry Pier Public Transport Interchange and the To Kwa Wan Vehicle Examination Centre, the Permit Holder shall:-

 

(a)    no later than one month after the completion of the land contamination investigation works at the Kowloon City Ferry Pier Public Transport Interchange (boreholes EBH1 and EBH2 as shown in Figure 4 of this Permit) and the To Kwa Wan Vehicle Examination Centre (borehole EBH3 as shown in Figure 4 of this Permit) in accordance with the endorsed Contamination Assessment Plan (CAP)[1],  submit to the Director for approval four hard copies and one electronic copy of Contamination Assessment Report (CAR) to document the findings of the land contamination investigation works and assessment on the nature and extent of land contamination;

(b)   if land contamination is confirmed, submit to the Director for approval four hard copies and one electronic copy of Remedial Action Plan (RAP) to formulate necessary remedial measures.  All remedial measures described in the approved RAP shall be fully and properly implemented. 

(c)    if remediation is required, deposit with the Director four hard copies and one electronic copy of Remediation Report (RR), no later than one month after the completion of the remediation works.  The RR shall provide details on the remediation works carried out, types and volume of contaminated soil, standards and levels of treatment, and locations of all on-site and off-site disposal sites (including record of disposal).  No construction works at the Kowloon City Ferry Pier Public Transport Interchange or the To Kwa Wan Vehicle Examination Centre shall be carried out prior to the EPD's endorsement of the said RR.

 

Before submission to the Director, the CAR, RAP and RR shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.

 

Measures for the operation of the Kai Tak Barging Facility (KTBF)

 

2.15          The construction and operation of the Kai Tak Barging Facility (KTBF) for this Project as shown in Figure 1 (the Site) shall commence after the current occupier (i.e. the Mass Transit Railway Corporation Limited (MTRCL)) vacated and returned the Site to the Permit Holder. To minimize any nuisance arising from the operation of the KTBF, the following mitigation measures shall be implemented:

 

(a)     the number of construction and demolition material (C&DM) delivery vehicles departing from construction sites and works areas of this Project to the KTBF shall not exceed 67 vehicles per hour or 400 vehicles per day;

(b)   in the event that this Project uses the KTBF concurrently with other projects for handling C&DM disposal, the number of C&DM delivery vehicles delivering C&DM from the Project to the KTBF shall be adjusted such that the total number of C&DM delivery vehicles using the KTBF shall not exceed 67 vehicles per hour or 400 vehicles per day;

(c)    loading of barges shall be controlled to prevent splashing of materials into the surrounding water. Barges shall not be filled to a level that will cause the overflow of materials during loading or transportation;

(d)    the tipping hall shall be equipped with a 3-sided screen and top cover, and operated with water sprays and flexible dust curtains at the discharge point; and

(e)    the haul roads within the KTBF shall be paved and sprayed with water once every working hour. Vehicles shall pass through wheel washing facilities before leaving the KTBF.

 

Submissions and/or Measures to be Implemented Before and During Operation of the Project

 

Submission for Mitigating Landscape and Visual Impact before operation of the Project

 

2.16          The landscape and visual mitigation measures shall be implemented in accordance with the recommendations of the Landscape Mitigation Plan(s) deposited under Condition 2.8 above. The Permit Holder shall, at least one month before the commencement of operation of the Project, deposit with the Director four hard copies and one electronic copy of the As-Built Drawing(s) of the Project, which shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations of the Landscape Mitigation Plan(s) deposited under Condition 2.8 above. The landscape and visual mitigation measures shall be properly maintained during operation of the Project.

 

Measures for Mitigating Noise Impact during operation of the Project

 

2.17          To mitigate traffic noise impact arising from the Project, the Permit Holder shall implement all noise mitigation measures as shown in Table 1 and Figures 5a to 5d of this Permit before commencement of operation of the Project. All noise mitigation measures implemented shall be properly maintained during operation of the Project.

 

Submission and Measures for Mitigating Operational Air Quality Impact

 

2.18          An air purification system (APS), with a removal efficiency of at least 80% for particulate and at least 80% for NO2, shall be adopted to filter the pollutant inside the CKR tunnel before discharging to the atmosphere via the ventilation buildings.

 

2.19          The Permit Holder shall, no later than three months before the commencement of operation of the Project, submit to the Director for approval four hard copies and one electronic copy of a APS Commissioning Test Plan, which shall be certified by the ET Leader and verified by the IEC, to provide schedule and methodology for the commissioning test of the adopted APS described under Condition 2.18 above.

 

2.20          The Permit Holder shall, no later than one month before the commencement of operation of the Project, deposit with the Director four hard copies and one electronic copy of the APS Commissioning Test Report, which shall be certified by the ET Leader and verified by the IEC as conforming to the removal efficiency specified under Condition 2.18 above.

 

2.21          The Permit Holder shall, no later than one month before the commencement of operation of the Project, submit to the Director for approval four hard copies and one electronic copy of a APS Performance Monitoring and Contingency Plan, which shall be certified by the ET Leader and verified by the IEC to provide monitoring details of the performance of the APS and the contingency plan for the occasion that the performance of APS during operation could not achieve the removal efficiency specified under Condition 2.18 above. The approved APS Performance Monitoring and Contingency Plan shall be fully and properly implemented.

 

3.                  Environmental Monitoring and Audit (EM&A) Requirements

 

3.1              The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. Any change to the EM&A requirements or programme shall be justified by the ET Leader and verified by the IEC as conforming to the relevant requirements set out in the EM&A Manual and shall seek the prior approval from the Director before implementation.

 

3.2              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 frames 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; and

(d)      logging and keeping records of details of 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 for inspection on site.

 

3.3              Four 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 submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the submission shall be provided upon request by the Director.

 

3.4              Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of each reporting month throughout the entire construction period. The EM&A Reports shall include a summary of all non-compliance. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided to the Director upon request by the Director.

 

3.5              All EM&A data submitted under this Permit shall be true, valid and correct.

 

4.                  Electronic Reporting of EM&A Information

 

4.1              To facilitate public inspection of 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Condition 3.3 and 3.4 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 hardcopies. 

 

4.2              The Permit Holder shall set up a dedicated website and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within one month after the commencement of construction of the Project.  All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated website to be set up by the Permit Holder in the shortest time practicable, and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.  The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first 3-year of operation of the Project, or otherwise as agreed by the Director.

 

4.3              The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and project profile of the Project.  The internet website shall have features capable of:-

 

(a)      providing access to all environmental monitoring data collected since the commencement of construction and all submissions under this permit;

(b)      searching by date;

(c)      searching by types of monitoring data; and

(d)      hyperlinks to relevant monitoring data after searching.

 

or otherwise as agreed by the Director.

 

Table 1 - Noise mitigation measures to mitigate traffic noise impact (referred in Condition 2.17)

 

 

ID

Type of Mitigation Measures

Approximate Length

Location

Remarks

(a)

F01

At least 10m high full enclosure noise decking

250 m

West Portal of CKR

[1],[2],[3]

(b)

F02

At least 8m high full enclosure

110 m

GRF (Ferry Street section)

[1],[2],[3]

(c)

F03

7m high full enclosure

200 m

GRF (Kansu Street section)

Northbound & Southbound

[1],[2]

(d)

S01

8m high semi-enclosure with opening at west

120 m

Lin Cheung Road

[1],[2]

(e)

S02

At least 10m high semi-enclosure with opening at west

270 m

Re-aligned Hoi Wang Road

[1],[2],[3]

(f)

S03

7m high semi-enclosure with opening at south

85 m

GRF (Ferry Street section)

Southbound

 [1],[2]

(g)

S04

7m high semi-enclosure with opening at south

45 m

GRF (Kansu Street section)

Northbound & Southbound

 [1],[2]

(h)

S05

7m high semi-enclosure with opening at north

60 m

GRF (Kansu Street section)

Northbound & Southbound

 [1],[2]

(i)

C01

Cantilevered barrier at a height 7m with 4m cantilever inclined at 45°

140 m

Connection E

 [1],[2]

(j)

C02

Cantilevered barrier at a height 5m with 3m cantilever inclined at 45°

85 m

Lin Cheung Road

 [1],[2]

(k)

C03

Cantilevered barrier at a height 5m with 3m cantilever inclined at 45°

85 m

Lin Cheung Road

 [1],[2]

(l)

C04

Cantilevered barrier at a height 5m with 3m cantilever inclined at 45°

170 m

Connection D

 [1],[2]

(m)

C05

Cantilevered barrier at a height 5m with 3m cantilever inclined at 45°

125 m

Connection C2

 [1],[2]

(n)

C06

Cantilevered barrier at a height 5m with 3m cantilever inclined at 45°

155 m

Connection A

 [1],[2]

(o)

C07

Cantilevered barrier at a height 5m with 1m cantilever inclined at 45°

180 m

Ferry Street (At-grade)

 [1],[2]

(p)

C08

Cantilevered barrier at a height 5m with 2m cantilever inclined at 45°

15 m

GRF (Ferry Street section)

 [1],[2]

(q)

V01

Vertical barrier at a height 4m

120 m

Lin Cheung Road

 [1],[2]

(r)

V02

Vertical barrier at a height 3.8m

170 m

Connection D

 [1],[2]

(s)

V03

Vertical barrier at a height 5.8m

100 m

Connection E

 [1],[2]

(t)

V04

Vertical barrier at a height 4m

50 m

Widening of Lai Cheung Road

 [1],[2]

(u)

V05

Vertical barrier at a height 3.3m

110 m

GRF (Ferry Street section)

 [1],[2]

(v)

V06

Vertical barrier at a height 3.8m

85 m

GRF (Ferry Street section)

(central divider)

 [1],[2]

(w)

V07

Vertical barrier at a height 4.3m

60 m

GRF (Kansu Street section)

Southbound

 [1],[2]

(x)

V08

Vertical barrier at a height 2.8m

60 m

GRF (Kansu Street section)

(central divider)

 [1],[2]

(y)

V09

Vertical barrier at a height 5m

5 m

Connection A

 [1],[2]

(z)

N/A

Full enclosure noise decking

N/A

Kowloon City Ferry Pier

Public Transport Interchange

 [1],[2]

(aa)

N/A

Low noise road surface

N/A

Gascoigne Road Flyover (Ferry Street Section) between Block 1 of Prosperous Garden and CLP Electric Substation at Kansu Street; and

Ferry Street (at-grade) between Yaumati Catholic Primary School and Block 1 of Prosperous Garden

[1]

(ab)

N/A

Low noise road surface

N/A

Mainline of CKR between Road D3 and start of Slip Road S5

[1]

Remarks :

[1]           This table is to be read in conjunction with Figures 5a to 5d of this Permit.

[2]           For all noise screening structures, the following requirements should be met :

      (i) the sound absorptive materials should be adopted on surfaces of noise screening structures wherever there would be an unobstructed path of the reflected noise component between the nearby noise sensitive receivers and the surfaces of noise screening structures; and

(ii) there should not be any gap nor opening on the surfaces of all noise screening structures, and the absorptive materials should be applied from top of the parapets to at least 2 metres above the top of the parapets.

[3]           Given the separation distance from the top of the noise mitigation measures to the road surface varies along the full length of the noise mitigation measures, the minimum height of the noise mitigation measures above the road surface is presented.

 


Notes:
:

 

1.                  This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project(s)) 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.

本許可證共有3部,即A (許可證主要部分)B (指定工程項目的說明) C (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見,下述註解只供一般參考用。

 

2.                  If there is a breach of any conditions 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.

如違反本許可證的任何條件,署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程,直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下,許可證持有人未經署長或獲授權人員同意,不得進行任何相關工程。

 

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.

許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。

 

4.                  A person who assumes the responsibility for the whole or a part of the designated project(s) may, before he assumes responsibility of the designated project(s), apply under Section 12 of the EIAO to the Director for a further environmental permit.

承擔工程項目整項或部分工程的責任的人,在承擔責任之前,可根據環評條例第12條的規定向署長申請新的環境許可證。

 

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 Project site.

根據環評條例第14條的規定,署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下,不再展示。

 

6.                  If this Permit is cancelled or surrendered during construction or operation 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.

如果本許可證在工程項目建造或營辦期間取消或交回,則在繼續進行工程項目之前,必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定,任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2I部所列明的指定工程項目,即屬犯罪。

 

7.                  Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable:

如任何人在違反本許可證的條件下建造或營辦工程項目,根據環評條例,即屬犯罪-

 

(i)        on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

一經公訴程序首次定罪,可處罰款200萬元及監禁6個月;

(ii)      on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

一經公訴程序第二次或其後每次定罪,可處罰款500萬元及監禁2年;

(iii)    on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

一經簡易程序首次定罪,可處第6級罰款及監禁6個月;

(iv)    on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

一經簡易程序第二次或其後每次定罪,可處罰款100萬元及監禁1年;及

(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.

在任何情況下如該罪行屬連續性質,法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。

 

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.

許可證持有人可在接獲本許可證後30天內,根據環評條例第17條就本許可證的任何條件提出上訴。

 

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.

上述註解只供一般參考用,欲知有關詳情,許可證持有人須參閱環評條例及徵詢獨立法律意見。

 

Environmental Permit No. EP-457/2013/C

環境許可證編號EP-457/2013/C

Figure 1 | Figure 2 | Figure 3a | Figure 3b | Figure 4 | Figure 5a | Figure 5b | Figure 5c | Figure 5d |


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[1] Appendix 8.3 of the approved EIA Report (Register No.: AEIAR-171/2013)