3.13 Impact on Cultural Heritage

3.13.1 There are a number of historical buildings and structures within the alignment limit in Figure 1 such as Tseung Kong Wai (its shrine and gate tower), Kau Lee Uk Tsuen and the Luk Yun Shu Shat within the village, Sam San Tsuen, Nai Wai Walled Village, Sun Fung Wai Walled Village and Ling To Monastery (a Grade 2 historic building). The alignment limit also encroach upon the following archaeological sites:

1. Ngau Hom Shek Archaeological Site

2. Tseung Kong Wai So Kwun Tsai Archaeological Site

3. Tuen Mun San Tsuen Archaeological Site

4. Lam Tei Archaeological Site

5. Shun Fung Wai Archaeological Site

6. Nai Wai Archaeological Site

7. Chung Uk Tsuen Archaeological Site

8. Tsing Chuen Wai Archaeological Site

   For items (i) and (ii) above, relics dated to Late Neothithic have been found. For items (iii) to (viii) above, cultural remains dated to Sung, Yuen, Ming and Qing dynasties are located. Moreover, other areas within the alignment limit also have high archaeological potential due to close proximity to the above archaeological sites. As such, a heritage impact assessment shall be conducted so as to assess the impact of the proposed project on all the known and unknown archaeological sites and historic structures.

3.13.2 The Applicant shall follow the criteria and guidelines for evaluating and assessing impact on cultural heritage as stated in Annexes 10 and 19 of the TM, respectively, as well as the "Guidance Notes on Assessment of Impact of Sites of Cultural Heritage in EIA Studies".

3.13.3 The heritage impact assessment shall cover all areas within 30m from the boundary of the works area of the proposed project and shall include 3 components: a baseline study, an impact assessment and mitigation measures.

3.13.4 Baseline Study

1. A baseline study shall be conducted to compile a comprehensive inventory of archaeological sites, historic buildings and structures within the proposed project area, which include:
   1. sites of archaeological interest (including marine archaeological sites);

   2. pre-1950 buildings and structures of high architectural and historical significance and interest; and

   3. landscape features include sites of historical events or providing a significant historical record or a setting for buildings or monuments of architectural or archaeological importance, historic field patterns, tracks and fish ponds and cultural element such as fling shut woodlands and clan grave.

2. The baseline study shall identity the direct and indirect impacts on the site of cultural heritage at the planning stage in order to avoid causing any negative effects. The impacts include the direct loss, destruction or disturbance of an element of cultural heritage, impact in its settings causing impinge on its character through inappropriate sitting or design, potential damage to the physical fabric of archaeological remains, historic buildings or historic landscapes through air pollution, change of water-table, vibration, recreation pressure and ecological damage by the development. The baseline study shall include a desk-top literature study and a field survey.

3. The field survey shall include the followings:
   1. The potential value of the development site with regard to the cultural heritage could be established where the site is well-documented. However, it does not mean that the site is devoid of interest if it lacks information. In these instances, a site visit combined with discussions with appropriate organisations should be conducted by those with expertise in the area of cultural heritage to clarify the position.

   2. Historic buildings and structures survey, which includes:

      (b1) Field scan of all the historic buildings and structures within the project area.

      (b2) Photographic recording of each historic building or structure including The exterior (The elevations of all faces of the building premises, the roof, close up for the special architectural details) and the interior (special architectural details), if possible, as well as the surroundings of each historic building or structure.

      (b3) Interview with locals and other informants on the local historical, architectural, anthropological and other cultural information related to the historic buildings and structures.

      (b4) Architectural appraisal of the historic buildings and structures.

   3. Archaeological Survey: Appropriate methods of field evaluation should be applied to assess the archaeological potential of the project area, which include the followings:

      (c1) Definition of areas of natural land undisturbed in the recent past.

      (c2) Field scan of the natural land undisturbed in the recent past in detail with special attention paid to areas of exposed soil which were searched for artifacts.

      (c3) Conduct systematic auger survey/shovel testing to establish the horizontal spread of cultural materials deposits.

      (c4) Excavation of test pits, if necessary, to establish The vertical sequence of cultural materials. The hand digging of 1 x 1 m or 1.5 x 1.5 m test pits to determine the presence or absence of deeper archaeological deposits and their cultural history.

   4. If the field evaluation identifies any additional sites of cultural heritage within the study area which are of potential historic or archaeological importance and not recorded by AMO, the office should be reported as soon as possible. The historic and archaeological value of the items will be further assessed by the AMO.

4. The Applicant shall prepare an inventory of the sites of cultural heritage supported by:
   1. A description containing detailed geographical, historical, archaeological, architectural, anthropological, ethnographic and other cultural data supplemented with illustrations, and photographic/cartographic records.

   2. A map in 1:1000 scale showing the boundary of each historic building or structure.

   3. Detailed record of each historic building or structure including its construction year, previous and present uses, architectural characteristics, as well as legends, historic persons and events, and cultural activities associated with The structure.

   4. A map showing the boundary of each archaeological site as supported and delineated by field walking, augering and test-pitting; and

   5. Drawing of stratigraphic section of test-pits excavated which shows the cultural sequence of a site.

3.13.5 Impact Assessment

1. The Applicant shall identify the impacts on the sites of cultural heritage which will be affected by the proposed project subject to the result of desktop research and field evaluation. During the assessment, both the direct impacts such as loss or damage of important features as well as the indirect impacts such as change of water table levels which may affect the preservation of the archaeological and built heritage in situ should be stated. A detailed description and plans should be provided to elaborate to what extent the site of cultural heritage will be affected.

2. Preservation in totality must be taken as the first priority. Criteria and guidelines for assessment shall be referred to Section 4.3.1(c), item 2 of Annex 10 and items 2.6 to 2.9 of Annex 19 and other relevant parts of the TM.

3.13.6 Mitigation Measures

1. It is always a good practice to recognise the sites of cultural heritage early in the planning stage and site selection process in order to minimize or to avoid any adverse impacts on the sites (i.e. preserve it in-situ, or leaving a buffer zone around the site). Built heritage, sites and landscapes are to be in favour of preservation unless it can be shown that there is a need for a particular development which is of paramount importance and outweighs the significance of the heritage feature.

2. If avoidance of the cultural heritage is not possible, amelioration can be achieved by reduction of the potential impacts and the preservation of heritage features, such as physically relocating it. Measures like amendments of the sitting, screening and revision of the detailed design of the development are required to lessen its degree of exposure if it causes visual intrusion to the cultural heritage and affecting its character.

3. Paragraph 4.3.1(d) of the TM, items 2.10 to 2.14 of Annex 19 of the TM and other relevant parts of the TM shall be referred to in considering mitigation proposals. The mitigation proposals shall be accompanied with a master layout plan together with all detailed treatment, elevations, and landscape plan. If a rescue programme is required, it shall involve preservation of the historic building or structure together with the relics inside, and its historic environment through relocation, detailed cartographic and photographic survey or preservation of an archaeological site "by record", i.e. through excavation to extract the maximum data as the very last resort. A comprehensive plan and programme for the protection and conservation of the partially preserved site of cultural heritage during the construction stage of the proposed project must be detailed. It is important that the mitigation proposals and the rescue programme shall be effective and practicable.

3.14 Landscape and Visual Impact

3.14.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the Technical Memorandum, respectively for evaluating and assessing landscape and visual impacts. Both the impacts during construction and operation phases shall be assessed.

3.14.2 For the visual impact assessment, all sensitive receivers shall be assessed within the visual envelope outlining the area of land of which there is a view of any part of the proposed road, its structure, or the traffic which will use it.

3.14.3 The "Study Area" for the landscape impact assessment shall include all areas within 500m from either side of and along the full stretch of the project boundary of the proposed road alignment(s) and its associated cross-boundary facilities. The assessment area for the visual impact assessment shall be defined by the visual envelope of the proposed project.

3.14.4 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 identify the degree of compatibility of the proposed project with the existing landscape. The landscape impact assessment shall quantify the potential landscape impact so as to illustrate the significance of such impacts arising from the proposed development.

3.14.5 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 proposed project with the surrounding, both existing and planned uses, and its obstruction and interference with key views of the adjacent areas;

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

5. the visual impact of the proposed link road when interfaces with other existing/proposed roads.

3.14.6 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design. The mitigation measures shall include the preservation of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, provisioning/reprovisioning of open spaces and amenity areas, design of structures, provision for finishes to structures, colour scheme and texture of materials used and any measures to mitigate the disturbance of the existing land use. Parties shall be identified for the on-going 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. For bridge structures and noise barriers: Presentation of photomontage of the proposed road in the existing urban and rural setting illustrating the effectiveness of visual impact mitigation measures shall be included.

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

3.15 The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and environmental benefits of environmental protection measures recommended.

4. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the proposed project and, if affirmative, to define the scope of the EM&A requirements for the proposed project in the EIA study.

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

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist, as shown in Annex A) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

5. DURATION OF VALIDITY

5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.

6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:

1. 40 copies of the EIA report and 50 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.

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 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.

6.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the Applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlinks to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.

6.4 The electronic copies of the EIA Report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.

6.5 When the EIA Report and the Executive Summary are made available for public inspection under Section 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. The Director shall be provided with updated electronic copies.

6.6 To promote environmentally friendly and efficient dissemination of information, for future EM&A reports recommended by the EIA study, both hardcopies and electronic copies shall be required and their format shall be agreed by the Director.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

7.2 If there is any key change in the scope of the proposed project mentioned in section 3.2 of this EIA study brief and in Project Profile (No. PP-036/1998), 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 proposed project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.

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| Figure 1 | Annex A |

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