Environmental Impact Assessment Ordinance (Cap. 499),
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-032/1999
Project Title : Lei Yue Mun Road Underpass, Modification at Junction with Yau Tong Road and Associated Improvement Works - Feasibility Study
Name of Applicant: Kowloon Regional Office, Highways Department
(hereinafter known as the "Applicant")
1.1 A traffic impact assessment carried out under the Comprehensive Traffic Review of East Kowloon recommended a package of improvement schemes to alleviate the anticipated traffic problems brought about by the population increase from the redevelopment of Ko Chiu Road and Yau Tong Estates and the development of Lei Yue Mun Housing Site which will be implemented by phases for completion by July 2005. The proposed project is one of the improvement schemes recommended specifically to address the anticipated saturation of the junction at Lei Yue Mun Road and Kai Tin Road.
1.2 The Applicant completed a Preliminary Environmental Review (PER) in late 1997 in conjunction with the Preliminary Project Feasibility Study for the proposed project. The PER findings indicated that an Environmental Impact Assessment (EIA) study is required during the feasibility study stage of this project to address principally the issues of air quality and noise impacts during operational stage of the project, amongst other issues.
1.3 An application (No. ESB-032/1999) for an EIA study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 15th March 1999 with a project profile (No. PP-046/1999) on the captioned project.
1.4 The Applicant proposes to construct modification at the junction of Lei Yue Mun Road and Yau Tong Road; a 380m single lane eastbound underpass beneath the new signalised control junction and the existing roundabout at junction of Lei Yue Mun Road and Kai Tin Road; a single lane slip road connecting Kai Tin Road to the new signalised control junction; a pedestrian subway across the junction of Lei Yue Mun Road and Kai Tin Road; a 100m long elevated walkway connecting the Lam Tin transport interchange to the proposed pedestrian subway; and associated geotechnical, landscaping and road reconstruction works. The project profile covers the following designated projects:
1.5 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study.
1.6 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:
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 (hereinafter referred to as the TM) are fully complied with.>
3.2 The scope of this EIA study shall cover the road improvement works area shown in the attached Figure No. 2.1 copied from the Project Profile No. PP-046/1999 and shall include the proposed works and designated projects mentioned in section 1.4 above.
3.3 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts.
3.3.1 Air Quality Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.
22.214.171.124 The study area for air quality impact shall generally be defined by a distance of 500m from the boundary of the road improvement works area shown in Figure 2.1 attached.
126.96.36.199 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and, subject to section 3.3.6 below, shall initiate an audit and monitoring program during the constructional stage to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the Technical Memorandum.
188.8.131.52 The air quality assessment shall include the following :
3.3.2 Noise Impact
184.108.40.206 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.
220.127.116.11 The noise impact assessment shall include the following :
The Applicant shall analyse the scope of the proposed road alignment(s) to identify appropriate new and existing road sections for the purpose of traffic noise impact assessment. When an existing road section undergoes major modification which will directly result in 25% increase in lanes or substantial changes in alignment or characters (e.g. change to a high speed road) of the existing road, it shall be regarded as a new road for the purpose of this noise impact assessment.a2. Presentation of Noise Levels
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 traffic noise levels in respect of each road section and the overall noise levels from combined road sections (both new and existing) at 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.a3. Proposals for Noise Mitigation Measures
Quantitative assessment at the NSRs for proposed road alignment(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 in the Technical Memorandum. The potential noise impact of proposed road alignment(s) shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the Technical Memorandum.
After rounding of the predicted noise levels according to the U.K. Department of Transport's "Calculation of Road Traffic Noise" (1988), the Applicant shall propose direct technical remedies in all situations where the predicted traffic noise level exceeds the criteria set in Table 1A of Annex 5 in the TM by 1 dB(A) or more. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs as far as possible should be clearly quantified and laid down. The total number of dwellings, classrooms and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.
The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise above the criteria with the implementation of all recommended direct technical remedies shall be quantified.
In case where a number of the NSRs cannot all be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements which may qualify for indirect technical remedies under the Executive Council directive "Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads", the associated costs and any implications for such implementation. For the purpose of determining the eligibility of the affected premises for indirect technical remedies, reference shall be made to the set of following three criteria:
- the predicted overall noise level from the new road together with other traffic noise in the vicinity must be above a specified noise level (e.g. 70 dB(A) for domestic premises and 65 dB(A) for education institutions, all in L10(1 hr));
- the predicted overall noise level is at least 1.0 dB(A) more than the prevailing traffic noise level, i.e. the total traffic noise level existing before the works to construct the road were commenced; and
- the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0dB(A).
3.3.3 Water Pollution
18.104.22.168 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.
22.214.171.124 The Applicant shall identify and analyse in the assessment all physical, chemical and biological disruptions of surface and ground water systems arising from the construction works.
126.96.36.199 The Applicant shall include the following in the water quality impact assessment:
3.3.4 Landfill Gas Hazards
188.8.131.52 Part of the proposed roadworks would be within the 250m Consultation Zone of Sai Tso Wan Landfill. The Applicant shall follow the criteria and guidelines for evaluating and assessing landfill gas hazards as stated in Annexes 7 and 19 of the TM, respectively. The Applicant may also refer to the "Landfill Gas Hazard Assessment - Guidance Note" and the Professional Persons Environmental Consultative Committee Practice Note (ProPECC) PN 3/96 "Landfill Gas Hazard Assessment for Developments adjacent to Landfills" in carrying out the assessment (see attached copy of Figure A9 copied from the above-mentioned Guidance Note showing the Sai Tso Wan Landfill and its Consultation Zone).
184.108.40.206 The assessment of landfill gas hazards shall cover the following:
3.3.5 Summary of Environmental Outcomes
220.127.116.11 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 the environmental benefits of environmental protection measures recommended.
3.3.6 Environmental Monitoring and Audit (EM&A) Requirements
18.104.22.168 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:
22.214.171.124 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.
126.96.36.199 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.
188.8.131.52 Monitoring of Noise Impacts during Operation of the Proposed Project
The applicant should note the requirement stipulated in paragraph 8.1 of the TM that an operational noise monitoring programme should be proposed to verify the traffic noise predictions or the effectiveness of noise mitigation measures.
4. DURATION OF VALIDITY
4.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.
5. REPORT REQUIREMENTS
5.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM which stipulates the guidelines for the review of an EIA report.
5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :
5.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.
5.5 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
5.6 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 During the EIA study, if there is any change in the name of Applicant for this EIA study brief, the Applicant in this study brief must notify the Director immediately.
6.2 If there is any key change in the scope of the project mentioned in section 1.4 of this EIA study brief and in Project Profile No. PP-046/1999 , 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 project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.
--- END OF EIA STUDY BRIEF ---
Environmental Protection Department
| Figure 1 | Figure 2 | Annex I |
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