Environmental Impact Assessment Ordinance (Cap. 499)
Environmental Impact Assessment Study Brief No. ESB-0028/1999
Project Title: Yau Tong Bay Development-
Engineering Feasibility Study for the Comprehensive Development at Yau Tong Bay
Name of Applicant: Maunsell Consultants Asia Ltd, named "the Applicant" thereafter
1.1 An application (No. ESB-0028/1999) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 18 January 1999 with a project profile (No. PP-0028/1999).
1.2 The Applicant proposes to conduct an engineering feasibility study for the comprehensive development including provision of services and utilities, driveway, carparks, open space, community facilities, high rise residential tower blocks, office towers, retail space and schools in the project area (see Figure 1). The project falls within schedule 3 of the EIAO, and will require an environmental impact assessment report to be approved under the EIAO. No designated project in the schedule 2 of the EIAO, i.e. reclamation and decommissioning of ship building and repairing facilities, will be involved in this project, as these will be separately dealt with by another EIA Study under an EIA Study Brief No. ESB-0010/1998 issued on 24 September 1998. The project area is about 23.97 hectares, and the population proposed on the site is about 39,000 persons.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (DEP) issues this EIA study brief to the Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the DEP on:
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows:
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM), are fully complied with.
3.2 The scope of this EIA study covers the proposed project mentioned in section 1.2 above.
3.3 The project boundary of the site is shown in Figure 1. The study area for air quality, noise, water quality, landscape and visual impacts are detailed in sections 3.5.1, 3.6.1(i), 3.7.2, 3.10.1 respectively.
3.4 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above, and shall take into account the cumulative environmental impacts arising from the proposed Western Coast Road. The Applicant may refer to the report entitled "Request for Rezoning Yau Tong Bay CDA-Technical Appendices, Further Submission" for reference as some of the technical aspects may be relevant. The EIA study shall include the following technical requirements as specific impacts.
3.5 Air Quality Impact
3.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the TM respectively. The evaluation and assessment shall be on the basis that the section of Cha Kwo Ling Road on the northern side of the development will be widened as recommended in the traffic study "Comprehensive Traffic Review for East Kowloon" (CTREK). The Applicant may refer to the report of CTREK for relevant information and traffic data to assess the traffic emission impact from Cha Kwo Ling Road to the sensitive receivers on the site. The Study Area shall be within 500m from the project boundary.
3.5.2 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and subject to section 4 below shall initiate an audit and monitoring programme during the construction stage, if necessary, to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.
3.5.3 The air quality impact assessment shall include the following:
3.6 Noise Impact
3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM respectively. The evaluation and assessment shall be on the basis that the section of Cha Kwo Ling Road on the northern side of the development will be widened as recommended in the CTREK. The Applicant may refer to the report of CTREK for relevant information and traffic data to assess the traffic noise impact from Cha Kwo Ling Road to the sensitive receivers on the site.
The study area shall include all area within 300m from the project boundary. The study area can be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer project limit, provides acoustic shielding to those receivers located further away. In the later case, the study area shall be agreed with the DEP.
The Applicant shall provide all background information relevant to the project, e.g. relevant previous or current studies. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.
The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include all existing NSRs and all planned / committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plan, Outline Development Plan and Layout Plans (including the proposed housing development on the site East of Eastern Harbour Crossing).
An inventory of noise sources (construction equipment for construction noise assessment) shall be provided.
However, whether the Noise Control Authority will issue a CNP will depend on the application submitted according to the procedures laid down in the relevant technical memoranda issued under the NCO rather than this assessment exercise. This shall be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA Report.
The Applicant shall calculate the expected noise (including the noise generated from the industrial uses to the south of the site along Ko Fai Road, and the existing and/or the re-provisioned Cha Kwo Ling and Yau Tong Salt Water Pumping Stations) using standard acoustics principles. The Applicant shall calculate the noise levels taking account of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites.
The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
A quantitative assessment at the NSRs for the fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.
The Applicant shall assess how the proposed development will be affected by the traffic noise impact from Cha Kwo Ling Road, Ko Fai Road, Lei Yue Mun Road, the proposed Western Coast Road, the proposed re-diverted Yau Tong Road and other roads in the vicinity of the subject site.
The Applicant shall identify appropriate road sections for the purpose of traffic noise impact assessment.
The Applicant shall calculate the expected road traffic noise using methods described in the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988). Calculations of future road traffic noise shall be based on the peak hour traffic flow in respect of the maximum traffic projection within a 15 years period upon commencement of operation of the proposed roadwork. The Applicant shall calculate the traffic noise levels in respect of each road section and the overall noise levels from the road sections at the NSRs.
The Applicant shall present the prevailing and future traffic noise levels in L10, (1 hr) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
Quantitative assessment at the NSRs shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the TM. The potential noise impact shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the TM.
After rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), the Applicant shall propose direct technical remedies in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM by 1 dB(A) or more. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs as far as possible shall be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies shall be provided.
The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria in the TM with the implementation of all recommended direct technical remedies shall be quantified.
In cases where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Proponent shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements where there will be residual impacts which shall be addressed by indirect mitigation measures.
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.
The Applicant shall take into account the agreed environmental requirements / constraints identified by the study to assess the development potential of the concerned sites which shall be made known to the relevant parties.
3.7 Water Quality Impact
3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM respectively.
3.7.2 The study area for the purpose of water quality impact assessment shall be within 300m from the project boundary, plus any existing and planned stormwater drainage system and the associated water system in the vicinity that may be affected by the development. The Applicant shall also assess the water quality impact on the existing and/or the re-provisioned Cha Kwo Ling and Yau Tong Salt Water Pumping Stations.
3.7.3 The Applicant shall identify and analyze all physical, chemical and biological disruption of fresh water, ground water and potential alternation of catchment areas arising during both construction and operation. The assessment impacts shall address the following:
3.8 Sewerage and Sewage Treatment Implications
3.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing impacts on the downstream public sewerage, sewage treatment and disposal facilities as stated in section 6.5 Annex 14 of the TM.
3.8.2 The Applicant shall study and assess the impacts of the pumped sewage discharge on the Strategic Sewage Disposal Scheme (SSDS) and the Central & East Kowloon Sewage Master Plan Review (to be completed in mid-2000). The assessment shall include the following:
3.9 Waste Management Implications
3.9.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM respectively. The assessment of waste management implications shall cover the following:
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
3.10 Landscape and Visual Impact
3.10.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impact during construction and operational phases as stated in Annexes 10 and 18 of the TM respectively. The Study Area shall be within 500m from the project boundary.
3.10.2 Landscape and visual impact assessment shall cover the following:
3.10.3 The Applicant shall describe, appraise and analyse the existing landscape resource and character of the study area. It shall focus particularly on the sensitivity of the landscape framework and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed project with the exiting landscape.
3.10.4 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following:
3.10.5 The Applicant shall review Outline Zoning Plan, Outline Development Plan, Layout Plan, Planning Brief, other plans and studies which may contain guidelines and control on urban design concepts, open space network, designated view corridors, etc that may affect the appreciation of the project. Such reviews will give an insight on the future outlook of the area affected and the ways that the project can be assimilated into the environment. Any conflict with the statutory town plan shall be highlighted and appropriate follow up action shall be recommended.
3.10.6 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including the provision of a landscape design. The mitigation measures shall include provision of screen planting, provisioning of amenity areas and open spaces, disposition of building blocks, design of structures, provision of finishes to structures, colour scheme and texture of materials used. Parties shall be identified for the on-going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operational phase of the project. A practical programme and funding proposal for the implementation of the recommended measures shall be presented.
3.10.7 Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted where appropriate to illustrate the landscape and visual impacts of a project. The Applicant shall record the technical details in preparing the illustrations which may need to be submitted for verification of the accuracy of the illustrations.
3.11 Summary of Key Environmental Outcomes
3.11.1 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 and/or environmental management system (EMS) activities during the construction and operation phases of the project and, if affirmative:
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 1) 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 for another EIA study brief afresh in accordance with section 6 of the EIA Ordinance before the EIA study commences.
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:
6.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.
6.4 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
6.5 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
6.6 To promote environmentally friendly and efficient dissemination of information, for future EM&A reports recommended by the EIA study, both hard copies and electronic copies shall be required and their format shall be agreed by the Director.
7. OTHERS 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 projects mentioned in section 1 of this EIA study brief and in the Project Profile (No. PP-0028/1999), 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 projects fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.
Environmental Assessment and Noise Division
Environmental Protection Department
| Figure 1 | Annex 1 |
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