Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-096/2002
Project Title : Central Kowloon Route
(hereinafter known as the "Project")
Name of Applicant : Highways Department, HKSAR Government
(hereinafter known as the "Applicant")
1.1 An application (No. ESB-096/2002) 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 5 January 2002 with a project profile (No. PP-158/2002) (the Project Profile).
1.2 The Applicant proposes to construct a dual-2 lane trunk road, named the Central Kowloon Route (CKR) (the Project), across the Kowloon Peninsula of the Hong Kong Special Administrative Region (HKSAR) linking the West Kowloon Reclamation in the west and the proposed South East Kowloon Development (SEKD) in the east. The Project will connect the West Kowloon Highway at Yau Ma Tei Interchange to the future Trunk Road T2 at SEKD and Tseung Kwan O Western Coast Road to form a strategic highway link to serve the existing and planned developments in West Kowloon, East Kowloon and Tseung Kwan O. The scope of the Project does not cover the reclamation works for the SEKD as it has been assumed that the new reclamation under SEKD for the eastern landfall of the CKR will be available at the time of construction of the CKR (section 3.3.1 of the Project Profile refers). The scope of the Project is shown in Appendix A and described below :-
a) provision of elevated and at-grade slip road connections between the tunnel and the road network on the West Kowloon Reclamation, including modifications to the Yau Ma Tei Interchange;
b) re-alignment of drainage culverts on the West Kowloon Reclamation affected by the tunnel;
c) replacement of a section of at-grade road D1 (Hoi Wang Road) by an elevated road;
d) construction of tunnel ramps, a tunnel portal and a ventilation building west of Ferry Street;
e) cut and cover tunnel between Ferry Street and Shanghai Street;
f) demolition and reprovisioning (if required) of the Yau Ma Tei Police Station, Yau Ma Tei Jockey Club Polyclinic and Yau Ma Tei Specialist Clinic Extension, Yau Ma Tei Multi-storey Car Park and Kowloon Government Offices;
g) bored tunnel between Shanghai Street and To Kwa Wan Road;
h) central ventilation building at the junction of Chung Hau Street and Fat Kwong Street, near Sheung Lok Street;
i) demolition of industrial buildings at the junction of To Kwa Wan Road and San Ma Tau Street;
j) construction of a supply-air-only ventilation building at the junction of To Kwa Wan Road and San Ma Tau Street;
k) cut and cover tunnel between To Kwa Wan Road to a proposed interchange with Roads T1 and T2 on the SEKD; and
l) a ventilation building and an administration building near the tunnel portal in the proposed SEKD.
1.3 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.
1.4 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 Project and related activities that take place concurrently. This information will contribute to decisions by the Director on:-
(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project;
(ii) the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
1.5 As stated in section 3.3.1 of the Project Profile, the eastern landfall of the CKR will be on new reclamation to be formed for the proposed SEKD. This EIA study brief has been prepared based on the assumption that the eastern landfall of the CKR would be made available under the SEKD project at the time of construction of the Project. The potential environmental impacts associated with the land formation of the SEKD shall be addressed under separate cover and are not included within the scope of this EIA study brief.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows :
(i) to describe the Project and associated works together with the requirements for carrying out the Project;
(ii) to identify and describe elements of the community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment and the associated environmental constraints;
(iii) to describe the alignment selection process; to compare the environmental benefits and dis-benefits of each of the different options; to provide reasons for selecting the preferred option and to describe the part environmental factors played in the selection process;
(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(v) to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;
(vi) to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;
(vii) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;
(viii) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;
(ix) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction and operation phases of the Project in relation to the sensitive receivers and potential affected uses;
(x) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the Project which are necessary to mitigate these environmental impacts and cumulative effects and reduce them to acceptable levels;
(xi) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and
(xii) to design and specify environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
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
The scope of this EIA study shall cover the Project mentioned in section 1.2 above. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study:
(i) the potential noise impacts to sensitive receivers along or near the Project during the construction and operation of the Project, including potential ground-borne noise impacts associated with the tunnelling works;
(ii) the potential dust impacts to sensitive receivers along or near the project from construction works and potential air pollution impacts from vehicular emissions from tunnel portals, tunnel ventilation systems and along the slip roads to sensitive receivers during operation of the Project;
(iii) the potential waste impacts during the construction of the Project, in particular spoil arising from the construction of the tunnel section, and the proposed disposal arrangements;
(iv) the potential land contamination impact arising from the construction of the Project at, but not limited to any former shipyard sites within the West Kowloon Reclamation, areas near the former Ma Tau Kok Gas Works South Plant, and former oil storage and fuel piping locations within SEKD. In particular, the potential need for handling contaminated spoil encountered and excavated during the tunnel construction works;
(v) identification of good site practices to address potential water quality impacts during the construction and operational stages of the Project. If contaminated land and groundwater is identified under (iv) above, the potential water quality impact during construction and operation of the Project shall be assessed;
(vi) the potential hazard to life associated with the proposed explosive magazine during the construction stage of the Project; and the hazard to life at the tunnel in the event of a major gas leak from the Ma Tau Kok Gas Works due to intake of towngas through the supply-air-only ventilation building at the junction of To Kwa Wan Road and San Ma Tau Street into the tunnel.
(vii) the potential cultural and heritage impacts on the site(s) of cultural heritage as defined under Schedule 1 of the EIAO and graded buidings including, but not limited to the Yau Ma Tei Police Station, Yau Ma Tei Tin Hau Temple, Yau Ma Tei Wholesale Fruit Market, Old Yau Ma Tei Theatre, Former Pumping Station of Water Supplies Department, and Yau Ma Tei Temple Complex;
(viii) the potential visual and landscape impact during construction and operation stages of the project including the elevated/at-grade roads and associated noise mitigation measures, portals, ventilation buildings, administration building and cut and cover tunnels; and
(ix) the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed and planned developments in the vicinity of the Project, and those that impacts may have a bearing on the environmental acceptability of the Project. Consideration shall be given to the impacts from likely concurrent/interfacing projects such as the SEKD, Gascoigne Road Flyover Improvement, Shatin to Central Link and Kowloon Southern Link.
(x) The environmental impacts of the Project, including its alignment and ancillary infrastructure (ventilation building, slip roads, etc.) on the planned uses in the SEKD. The likely environmental benefits of the tunnel road for the planned development shall be stated in the EIA report.
3.3 Description of Alignment Options and Construction Methods Considered
3.3.1 Description of Alignment Options Selection
The proposed CKR alignment shown in Appendix A has evolved through a number of studies since 1990. The Applicant shall provide a detailed description of the alignment option selection procedures, with clear reference to the reasons for selecting the proposed alignment, and the part environmental factors played in the selection process. A comparison of the main environmental impacts of the various alignment options considered shall be provided with the likely environmental conditions in the absence of for the Project. An evaluation shall be presented to assess the environmental benefits and dis-benefits of all reasonable practicable road and tunnel alignment options, including consideration of factors such as land resumption/clearance, disruption to the public, engineering, time, cost, etc.. Potential cultural heritage impacts, landscape and visual impacts, air, noise and waste generation impacts shall be key issues in the evaluation system. In considering the alternative alignment options, information shall be provided to show the avoidance and/or minimization of adverse impacts on sensitive cultural heritage facilities.
3.3.2 Consideration of Alternative Construction Methods and Sequences of Works
Having regard to the combined effect of the severity and duration of the construction impacts on affected sensitive receivers, the EIA study shall explore alternative construction methods and sequences of works for the Project, with a view to avoiding adverse environmental impacts to the maximum practicable extent. A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.
3.3.3 Selection of the Proposed Alignment
Taking the comparisons in sections 3.3.1 and 3.3.2 above, the Applicant shall recommend / justify the selection of the proposed alignment that will avoid or minimize adverse environmental effects arising from the Project to the maximum extent practicable and describe the part that environmental factors played in arriving at the selection of the proposed alignment.
3.4 Technical Requirements
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.
3.4.1 Air Quality Impact
22.214.171.124 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM, respectively.
126.96.36.199 The EIA report shall cover the followings:-
(i) the construction dust impacts arising from all construction works associated with the Project scope as detailed in section 1.2 above, including the cumulative construction air impacts from concurrent projects as those detailed in sub-section 3.2(ix) above, and from all on and off-site work areas under the Project;
(ii) the impacts from vehicular emissions to the sensitive receivers arising from the operation of the road and tunnel sections, as well as the ventilation buildings under the Project. The cumulative effects of the Project and other interfacing projects, including those detailed in sub-section 3.2(ix) above shall also be addressed; and
188.8.131.52 The study area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of the Project (as shown in Appendix A) and any work sites proposed under the Project, but shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project. Such assessment shall be based on the best available information at the time of the assessment.
184.108.40.206 The Applicant shall assess the air pollutant concentrations with reference to the relevant sections of the air modelling guidelines in Appendices B-1 to B-4, or other methodology as agreed by the Director.
220.127.116.11 The air quality impact assessment shall include the following:
(i) Background and Analysis of Activities
(a) Provide background information relating to air quality issues relevant to the Project, e.g. description of the types of activities of the Project that may affect air quality during both construction and operation stages.
(b) Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of the Project to abate the air pollution impact. That is, the Applicant shall consider alternative construction methods/phasing programmes and alternative modes of operation to minimize the constructional and operational air quality impact respectively.
(c) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional and operational air quality impacts.
(ii) Identification of Air Sensitive Receivers (ASRs) and Examination of Emission/Dispersion Characteristics
(a) Identify and describe existing and planned/committed ASRs that would likely be affected by the Project, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans. In identifying planned ASRs, reference shall also be made to the Outline Master Development Plan for the Comprehensive Feasibility Study for the Revised Scheme of Southeast Kowloon Development. The Applicant shall select the assessment points of the identified ASRs that represent the worst impact point of these ASRs. A map showing the location and description such as name of building, use and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources shall also be given.
(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact related to the Project based on the analysis of the constructional and operational activities in (i) above. Examples of construction stage emission sources include stock piling, blasting, concrete batching and vehicular movements on unpaved haul roads on site, etc. Examples of operational stage emission sources include exhaust emissions from vehicles, vent shafts, etc. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction material handled, traffic mix and volume on a road etc.) shall be obtained from the relevant government departments/authorities and documented.
(iii) Construction Phase Air Quality Impact
(a) The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. A monitoring and audit programme for the construction phase shall be devised to verify the effectiveness of the control measures proposed so as to ensure proper construction dust control.
(b) If the Applicant anticipates that the Project and, if applicable, the Project together with concurrent projects within the study area of the air quality assessment, will give rise to significant construction dust impacts likely to exceed the recommended limits in the TM at the ASRs despite the incorporation of the dust control measures proposed in accordance with sub-section 18.104.22.168(iii)(a) above, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow the methodology set out in sub-section 22.214.171.124(v) below when carrying out the quantitative assessment.
(iv) Operational Phase Air Quality Impact
(a) The Applicant shall calculate the expected air pollutant concentrations at the identified ASRs based on an assumed reasonably worst-case scenario. The evaluation shall be based on the strength of the emission sources identified in sub-section 126.96.36.199(ii)(b) above. The Applicant shall follow sub-section 188.8.131.52(v) below when carrying out the quantitative assessment.
(b) For calculation of future road traffic air pollution impacts, this shall be based on the highest emission strength from the road within the next 15 years upon commencement of operation of the proposed road. The Applicant shall demonstrate that the selected year of assessment represents the highest emission scenario given the combination of vehicular emission factors and traffic flow for the selected year.
(c) For the vehicular tunnel and any full enclosures proposed in the Project, it is the responsibility of the Consultants to ensure that the air quality inside these proposed structures shall comply with EPD's "Practice Note on Control of Air Pollution in Vehicle Tunnels". For assessment of air quality impact due to emissions from tunnels/full enclosures, the Applicant shall ensure that the emission amount and the pollutants emitted from these tunnel/full enclosures have been agreed with the relevant tunnel ventilation design engineer and documented.
(v) Quantitative Assessment Methodology
(a) The Applicant shall apply the general principles enunciated in the modeling guidelines in Appendices B-1 to B-4 while making allowance for the specific characteristic of the Project. This specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants and a map showing all the road links for input to the modeling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. In case of doubt, prior agreement between the Applicant and the Director on the specific modelling details should be sought.
(b) The Applicant shall identify the key/representative air pollutant parameters (types of pollutants and the averaging time concentration) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the Project.
(c) The Applicant shall calculate the cumulative air quality impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, to be evaluated against the relevant air quality standards and on any effect they may have on the land use implications. Plans of a suitable scale should be used to present pollution contour to allow buffer distance requirements to be determined properly.
(d) If there are any direct technical noise remedies recommended in the study, the air quality implication due to these technical remedies shall be assessed. For instance, if barriers that may affect dispersion of air pollutants are proposed, then the implications of such remedies on air quality impact shall be assessed. If tunnel or noise enclosure is proposed, then portal emissions of the tunnel/enclosed road section and air quality inside the tunnel/enclosed road section shall also be addressed. The Applicant shall highlight clearly the locations and types of agreed noise mitigating measures, ASRs as well as tunnel/road enclosure and their portals (where applicable) on the contour maps for easy reference.
(vi) Mitigation Measures for Non-compliance
The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.
(vii) Submission of Model Files
All input and output file(s) of the model run(s) shall be submitted to the Director in electronic format.
3.4.2 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 EIA report shall cover the followings:-
(i) the air-borne construction noise impacts arising from all construction works associated with the Project scope as detailed in section 1.2 above, including the cumulative construction noise impacts from concurrent projects, including those detailed in sub-section 3.2(ix) above, and from all work areas under the Project;
(ii) the ground-borne noise impacts arising from the construction of the tunnel;
(iii) the traffic noise impacts to the sensitive receivers arising from the operation of the Project, including the cumulative traffic noise effects of the Project and other interfacing projects, including those detailed in sub-section 3.2(ix) above; and
(iv) the fixed source noise impact due to the operation of the ventilation buildings;
18.104.22.168 The noise impact assessment shall include the following :
(i) Determination of Assessment Area
The study area for the noise impact assessment shall generally include all areas within a distance of 300 metres from the boundary of the Project (as shown in Appendix A) and any work sites proposed under the Project. Subject to the agreement of the Director, the assessment area could 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 at further distance behind. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at larger distance which would be affected by the construction and operation of the Project. The study area for the construction noise impact assessment shall also cover areas within 300m of all work sites proposed under the Project.
(ii) Provision of Background Information and Existing Noise Levels
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 r-equired.
(iii) Identification of Noise Sensitive Receivers
(a) 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 Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans. In identifying planned NSRs, reference shall also be made to the Outline Master Development Plan for the Comprehensive Feasibility Study for the Revised Scheme of Southeast Kowloon Development.
(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given. For planned noise sensitive land uses without committed site layouts, the Applicant should use the relevant planning parameters to work out site layouts for operational noise assessment purpose.
(iv) Provision of an Emission Inventory of the Noise Sources
The Applicant shall provide an inventory of noise sources including construction equipment for construction noise assessment and fixed plant equipment, as appropriate, for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities and documented.
(v) Construction Noise Assessment
(a) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the Project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
(b) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable. In case blasting works will be involved, it should be carried out, as far as practicable, outside the sensitive hours of 7 p.m. to 7 a.m. on Monday to Saturday and any time on a general holiday, including Sunday. For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact in associated with the removal of debris and rocks should be fully assessed and adequate mitigation measures should be recommended to reduce the noise impact as appropriate. If tunnelling works will be involved, noise impact (including air-borne noise and ground-borne noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machine or equivalent, shall be assessed. In case a tunnel boring machine is used and there is likely ground-borne noise affecting noise sensitive receiver, the assessment methodology/model for ground-borne noise shall be agreed with the Director prior to obtaining the empirical parameters required in the ground-borne noise model.
(c) If the unmitigated construction noise levels are found exceeding the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(d) In case the Applicant would like to evaluate whether construction works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming construction works, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process the Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.
(vi) Operational Noise Assessment
(a) Road Traffic Noise
(a1) Calculation of Noise Levels
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.
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 report shall contain sample calculation and input parameters for 10 assessment points as requested by Director. Also, the consultant shall provide the input data set of the traffic noise model in the format of electronic files in the final report.
The consultant shall prepare and provide drawings of appropriate scale to show the road segments, topographic barriers, and assessment points of sensitive receivers inputted into the traffic noise model.
(a2) Presentation of Noise Levels
The Consultants shall present the existing and future noise levels in L10 (1 hour) at the NSRs on tables and plans of suitable scale.
A quantitative assessment at the NSRs for the proposed road alignments shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
(a3) Proposals for Noise Mitigation Measures
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 following set of three criteria:
(1) 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(1hr));
(2) 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
(3) the contribution to the increase in the predicted overall noise level from the new road must be at least 1.0dB(A).
(b) Fixed Noise Sources
If the Project will cause any fixed noise sources, such as the ventilation systems of the control centre and/or road tunnel, if any, the following assessment shall be followed.
(b1) Assessment of Fixed Source Noise Levels
The Applicant shall calculate the expected noise using standard acoustics principles. Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst-case scenario. The Applicant shall calculate the noise levels taking into account 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.
(b2) Presentation of Noise Levels
The Applicant shall present the existing and future noise levels in Leq(30min) 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 proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
(b3) Proposals for Noise Mitigation Measures
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.
(vii) Assessment of Side Effects and Constraints
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.
(viii) Evaluation of Constraints on Planned Noise Sensitive Developments/Landuses
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 agreed environmental requirements / constraints identified by the study to assess the development potential of concerned sites which shall be made known to the relevant parties.
3.4.3 Water Quality Impact
The requirements and good site practices as stipulated in EPD ProPECC Note 5/93 'Drainage Plan subject to comment by the Environmental Protection Department' and EPD ProPECC Note 1/94 'Construction Site Drainage' should be followed and specified in the EIA.
If contaminated soil/land/groundwater is identified during the Land and Contamination Impact Assessment, a detailed water quality assessment shall be carried out. In such case, the Applicant shall notify the Director in writing and request for the detailed requirement for assessment. The source of pollution, the pathway to the aquatic environment and the impacts on the sensitive receivers identified both during construction and operation stages shall be assessed, and appropriate mitigation measures shall be recommended.
3.4.4 Waste Management Implications
22.214.171.124 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.
126.96.36.199 The EIA shall cover the followings:-
(i) the quantity, quality and timing of the waste arising as a result of the construction activities, based on the sequence and duration of these activities;
(ii) the consideration of the opportunities for reducing waste generation and on-site or off-site re-use prior to considering the disposal options for various types of wastes. Measures which can be taken in the planning and design stages, e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered;
(iii) having taken into account all the opportunities for reducing waste generation and maximising reuse, the Applicant shall estimate the types and quantities of the wastes required to be disposed of as a consequence and shall describe the disposal options for each type of waste in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment set out below. The EIA report shall state clearly the agreed disposal outlets for the wastes identified; and
(iv) the impact caused by handling (including stockpiling, labelling, packaging & storage), collection, and disposal of wastes from all on and off-site work areas shall be addressed in detail and appropriate mitigation measures proposed, in particular the potential impacts associated with disposal of spoil to a designated area during the tunnel construction. This assessment shall cover the following areas:-
3.4.5 Land and Contamination Impact
188.8.131.52 The Applicant shall identify all land lots/sites within a distance of 300m from the boundary of the Project which , due to the past or present land uses, are potentially contaminated sites. A detailed account of the present activities and past land history in relation to the land uses identified in Section 3.1 of Annex 19 of the TM, including any former shipyard sites within the West Kowloon Reclamation, areas near the former Ma Tau Kok Gas Works South Plant, and former oil storage and fuel piping locations within SEKD.
184.108.40.206 The list of potential contaminants which are anticipated to be found in these potential contaminated sites shall be provided and the possible remediation options shall be discussed.
3.4.6 Hazard Assessment
220.127.116.11 Assessment of hazard with respect to the following issues shall be carried out:-
(a) The hazard to life at the tunnel in the event of a major gas leak from the Ma Tau Kok Gas Works due to intake of towngas through the supply-air-only ventilation building at the junction of To Kwa Wan Road and San Ma Tau Street into the tunnel.
(b) The hazard to life associated with the storage of explosives for the Project only if there is overnight storage of explosives on site, and the location of which is in close vicinity of populated areas. If required, this assessment shall follow the criteria for evaluating hazard to life as stated in Annexes 4 and 22 of the TM.
18.104.22.168 The technical requirements for the hazard assessment as stated in sub-section 22.214.171.124(a) above are as follow:-
(i) Conduct an assessment to find out if there is any risk of towngas being drawn into the tunnel through the ventilation building in case of a major gas leak at the Ma Tau Kok Gas Works;
(ii) Identify the consequences in case towngas is drawn into the tunnel; and
(iii) Propose feasible measures to avoid towngas to be drawn into the tunnel through the ventilation building, including the consideration for alternative siting for the ventilation building.
126.96.36.199 The technical requirements for the hazard assessment as stated in sub-section 188.8.131.52(b) above are as follow:-
(i) Identification of all hazardous scenarios associated with the on-site transport, storage and use of explosives for blasting operations.
(ii) Execution of a Quantitative Risk Assessment expressing population risks in both individual and societal terms.
(iii) Comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM; and
(iv) Identification and assessment of practicable and cost effective risk mitigation measures.
3.4.7 Landscape and Visual Impact
184.108.40.206 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM for evaluating and assessing landscape and visual impacts of any above ground structures and work areas associate with the Project. Landscape and visual impacts during both construction and operation stages within the study area shall be assessed.
220.127.116.11 The assessment area for the landscape impact assessment shall include all areas within 300 metres from the work limit of the Project. The study area for the visual impact assessment shall be defined by the visual envelope of the Project.
18.104.22.168 The Applicant shall review relevant Outline Development Plans, Outline Zoning Plans, Layout Plans, Outline Master Development Plan for the Comprehensive Feasibility Study for the Revised Scheme of Southeast Kowloon Development, planning briefs and studies which may identify areas of high landscape value. Any guidelines on landscape strategies, landscape framework, urban design concept, building height profiles, designated view corridors, open space network and landscape links that may affect the appreciation of the Project should also be reviewed. The aim is to gain an insight to the future outlook of the area affected so as to assess whether the project can fit into surrounding setting. Any conflict with published land use plan(s) should be highlighted and appropriate follow-up action should be recommended.
22.214.171.124 The Applicant shall describe, appraise, analyze and evaluate the existing landscape resource and character of the assessment area. A system shall be derived for judging landscape and visual impact significance as required under the TM. 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 Project with the existing and planned landscape settings. The landscape impact assessment shall quantify the potential landscape impacts as far as possible, so as to illustrate the significance of such impacts arising from the Project. Clear mapping of the landscape impact is required. A tree survey shall be carried out and the impacts on existing mature trees shall be addressed.
126.96.36.199 The Applicant shall assess the visual impacts of the Project. Clear illustrations including mapping of visual impact is required. The assessment shall include the following:
(i) Identification and plotting of visual envelop of the Project within the assessment area;
(ii) Identification of the key groups of sensitive receivers within the visual envelope and their views at both ground level and elevated vantage points;
(ii) Description of the visual compatibility of the Project with the surrounding, and the planned setting and its obstruction and interference with the key views of the adjacent areas; and
(iii) The severity of visual impacts in terms of nature, distance and number of sensitive receivers. Nighttime glare shall also be considered in the assessment. The visual impacts of the Project with and without mitigation measures shall also be included so as to demonstrate the effectiveness of the proposed mitigation measures; and
188.8.131.52 The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area. In addition, alternative alignment, design and construction methods that would avoid or reduce the identified landscape and visual impacts shall be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The mitigation measures proposed shall not only be concerned with damage reduction but should also include consideration of potential enhancement of existing landscape. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.
184.108.40.206 The mitigation measures shall include preservation of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, compensatory planting, provision of amenity areas, design of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing land use. Parties shall be identified for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the Project. A practical programme and funding proposal for the implementation of the recommended measures shall be provided.
220.127.116.11 Annotated illustration materials such as coloured perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to fully illustrate the landscape and visual impacts of the Project to the satisfaction of the Director. All computer graphics shall be compatible with Microstation DGN file format. The Applicant shall record the technical details such as system set-up, software, data files and function in preparing the illustration that may need to be submitted for verification of the accuracy of the illustrations.
3.4.8 Impact on Cultural Heritage
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing sites of cultural heritage as stated in Annexes 10 and 19 of the TM.
22.214.171.124 The Applicant shall carry out a baseline study to identify and compile a comprehensive inventory of places, buildings, sites and structures of architectural and historic value within the study area; and to identify possible adverse impacts of, and their physical extent, including demolition in whole or in part of identified places, buildings, sites and structures of architectural and historic value arising from the Project in accordance with relevant requirements detailed in Appendix C attached. The study area for the baseline study shall cover an area which stretches 500 metres along both sides of the Project alignment. Particular attention shall be paid to the following structures:-
(i) Yau Ma Tei Police Station (Grade III Historic Building;
(ii) Yau Ma Tei Tin Hau Temple (Grade II Historic Building)
(iii) Yau Ma Tei Wholesale Fruit Market (Grade III Historic Building)
(iv) Old Yau Ma Tei Theatre (Grade II Historic Building);
(iv) Former Pumping Station of Water Supplies Department (Grade I Historic Building); and
(v) Yau Ma Tei Temple Complex (Grade II)
126.96.36.199 The Applicant shall review if any of the places, buildings, sites and structures of architectural and historic value as identified in the baseline study under sub-section 188.8.131.52 above are classified as sites of cultural heritage as defined under Schedule 1 of the EIAO and present the findings in the EIA report.
184.108.40.206 The old Yau Ma Tei Police Station building, currently classified as a Grade III Historic Building, will be encroached directly by the Project alignment. A heritage impact assessment on the old Yau Ma Tei Police Station shall be conducted, which includes:-
(i) A structural and geotechnical survey of the old building and its immediate surrounding area to facilitate the evaluation of possible impacts and practicability of the recommended mitigation measures.
(ii) The Applicant shall demonstrate that all reasonable efforts have been made to avoid damage or demolition to any part of the old building through modification of layout and design of the Project or use of the latest tunnelling/engineering techniques. Partial preservation should only be proposed if there is no practical and economically viable alternative option and in such case, a technical feasibility conducted by an Authorized Person or a Registered Engineer with relevant experience in conservation of cultural heritage is required. Full justifications shall also be provided together with alternative proposals and designs of the project to demonstrate that total preservation is unavoidable.
(iii) Since the cultural heritage status of the Yau Ma Tei Police Station is under review, the heritage impact assessment shall be carried out for both scenarios that the Yau Ma Tei Police is classified as a Grade III Historical Building and as a monument.
220.127.116.11 Yau Ma Tei Tin Hau Temple Complex, a Grade II Historic Building, is about 35m from the Project alignment, and only about 10.5m from the Kowloon Government Offices, which is proposed for demolition under the Project. If the Yau Ma Tei Tin Hau Temple Complex is identified in the review carried out under sub-section 18.104.22.168 above as a site of cultural heritage as defined under Schedule 1 of the EIAO, the direct and indirect impact on the temple due to the proposed demolition shall be fully assessed.
22.214.171.124 If sites of cultural heritage as defined under Schedule 1 of the EIAO are identified, a cultural heritage impact assessment shall be carried out in accordance with relevant requirements in sections 2 and 3 of Appendix C, and the criteria and guidelines as stated in Annexes 10 and 19 of the TM, respectively, shall be followed for evaluating and assessing the cultural heritage impacts.
3.4.9 Summary of Environmental Outcomes
The EIA report shall contain a quantified 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.
3.4.10 Environmental Monitoring and Audit (EM&A) Requirements
126.96.36.199 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the Project and, if affirmative, to define the scope of the EM&A requirements for the Project in the EIA study and include an EM&A Manual.
188.8.131.52 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM. The Applicant shall also propose real-time reporting of monitoring data for the Project through a dedicated internet website.
184.108.40.206 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix D to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme. The Implementation Schedule shall include and discriminate between all phases and stages of Project implementation , and shall include all on and off-site works areas and sites, and temporary and permanent works.
4. DURATION OF VALIDITY
4.1 This EIA study brief is valid for 36 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief 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:
(i) 50 copies of the EIA report in English and 80 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.
(ii) when necessary, addendum to the EIA report and the executive summary submitted in 5.2 (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
(iii) 20 copies of the EIA report in English 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.
5.3 The Applicant shall, upon request, 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 Portable Document Format (PDF version 4.0 or later), 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. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.
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 section 7(1) of the EIAO, 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 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.
6.2 If there is any key change in the scope of the Project mentioned in Section 1.2 of this EIA study brief and in Project Profile (No. PP-158/2002), 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 a fresh EIA study brief. Examples of changes to the Project fundamentally alter the key scope of the EIA study brief include, but not limited to requirement of reclamation works at SEKD as part of the Project and change of Project scope from a dual-2 lane trunk road to a dual-3 one.
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Environmental Assessment and Noise Division,
Environmental Protection Department