Environmental Impact Assessment Ordinance (Cap. 499), Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-111/2004
Project Title : Further Development of Tseung Kwan O – Feasibility Study
( hereinafter referred as “the Feasibility Study” )
Name of Applicant : New Territories East Development Office Territory Development Department
( hereinafter referred as “the Applicant” )
1.1 An application (No. ESB-111/2004) for an Environmental Impact Assessment (EIA) study brief under section 5(1)(a) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 23 March 2004 with a project profile (No. PP-208/2004) (hereinafter referred as “the Project Profile”).
1.2 The objective of the Feasibility Study is to formulate a comprehensive plan for the further development of Tseung Kwan O (TKO) with an aim to integrate the new with the existing and planned developments in a coherent manner. A Concept Plan (Figure 1) has been formulated under the Feasibility Study for further development of TKO with new developments mainly in Town Centre South, Tiu Keng Leng and Pak Shing Kok (Figures 1 & 2). The development proposals covered in the Concept Plan for TKO include a civic node, a town plaza, residential, educational, recreational, institution and community developments, road projects, etc. The major road projects covered in the Feasibility Study include the Western Coast Road (WCR), Cross Bay Link (CBL), Road P2 and Road D6. The Cross Bay Link running over Junk Bay (Figure 1) is planned to channel the traffic from the southeastern part of TKO to the WCR, which will connect with Road P2 running to TKO north and Road T2 in the South East Kowloon (Figure 3). Road D6 is intended to provide access to the new developments in Pak Shing Kok.
1.3 The Feasibility Study is a designated project in accordance with item 1 of Schedule 3 of the EIAO, which specifies that “Engineering feasibility study of urban development projects with a study area covering more than 20 ha or involving a total population of more than 100 000”. In accordance with section 5(1)(a), a person who is planning a designated project shall apply to the Director for an environmental impact assessment study brief to proceed with an environmental impact assessment study for the project.
1.4 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (hereinafter referred as “the Director”) issues this EIA study brief to the Applicant to carry out an EIA study.
1.5 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 developments proposed under the Feasibility Study (hereinafter referred as “the proposed developments”) and related works 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 proposed developments and associated works;
(ii) the conditions and requirements for the detailed design, construction and operation of the proposed developments to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after implementation of the proposed mitigation measures.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows :
(i) to describe the proposed developments and associated works together with the requirements for carrying out the proposed developments and associated works;
(ii) to identify and describe elements of community and environment likely to be affected by the proposed developments and associated works and/or likely to cause adverse impacts to the proposed developments, including both the natural and man-made environment and associated environmental constraints;
(iii) to provide information on the consideration of alternatives to avoid and minimize the potential adverse environmental impacts on the sensitive uses in Tseung Kwan O and South East Kowloon and adjacent areas that may be subject to the adverse environmental impacts of the proposed developments and associated works; to provide justifications and constraints for selecting the preferred option(s) and to describe the part of environmental factors played in the selection;
(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(v) to identify, describe and quantify any potential landscape and visual impacts, evaluate the significance of such impacts on sensitive receivers and propose measures to mitigate these impacts;
(vi) to identify and quantify any potential losses or damage to flora, fauna and natural habitats and to propose measures to mitigate these impacts;
(vii) to identify any negative impacts on site of cultural heritage and to propose measures to mitigate these impacts;
(viii) to identify the negative impacts and propose provision of mitigation measures to minimize pollution, environmental disturbance and nuisance during construction and operation of the proposed developments;
(ix) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;
(x) 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 of the proposed developments and associated works in relation to the sensitive receivers and potential affected uses;
(xi) to identify, assess and specify methods, measures and standards to be included in the detailed design, construction and operation of the proposed developments and associated works which are necessary to mitigate these environmental impacts and cumulative effects and reduce them to the acceptable levels;
(xii) 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 provision of any necessary modification; and
(xiii) to design and specify environmental monitoring and audit requirements to ensure effective implementation of the recommended environmental protection and pollution control measures.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
3.1.1 The purpose of this study brief is to scope the key issues of the EIA study and to specify the environmental issues that are required to be reviewed and assessed in the EIA report. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on Environmental Impact Assessment Process (hereinafter referred to as “the TM”) are fully complied with.
3.2 The Scope
3.2.1 The scope of this EIA study shall cover all developments proposed under the Feasibility Study, including those presented in the Project Profile (No. PP-208/2004) and any development proposals to be recommended in the course of the EIA study, and any other works associated with the proposed developments. The EIA study shall cover the combined impacts of all the proposed developments and associated works and the cumulative impacts of the existing, committed and planned developments in the vicinity of the proposed developments in accordance with section 3.4 of the TM.
3.2.2 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 objective comparison of the environmental benefits and dis-benefits of different development scenarios with or without the proposed developments, with a view to deriving the preferred options that would avoid the adverse environmental impact to the maximum extent;
(ii) the air quality impacts arising from the construction and operation of the proposed developments and associated works and the air quality impacts on the proposed developments;
(iii) the noise impact, including construction and operational noise impacts, from fixed noise sources, road traffic, and marine traffic;
(iv) the water quality impact caused by the proposed developments and associated works, in particular the proposed reclamation for the Western Coast Road, and the suitability of the predicted water quality for the proposed recreational use(s);
(v) the potential impact on the ecological sensitive areas, such as the coral communities in Junk Bay and any other sensitive areas, habitats or species identified during the course of the EIA study:
(vi) the potential biogas problem arising from reclamation which will leave marine mud in place;
(vii) the landfill gas and leachate hazard to the sensitive receivers within the consultation zones of the landfills and any other sensitive receivers that may be exposed to this hazard;
(viii) the hazard to life of the proposed Dangerous Goods Vehicles (DGV) ferry pier in the South East Kowloon which could be caused by modifications of the access road to the vehicle queuing area of the DGV ferry pier due to the two proposed slip roads of the WCR;
(ix) the sewerage and sewage treatment implications, taking into account the planned developments, within and outside Tseung Kwan O, which will be connected to Tseung Kwan O Preliminary Treatment Works;
(x) the potential fisheries impacts, especially the mariculture activities at Tung Lung Chau fish culture zone and the loss of fishing grounds;
(xi) the potential landscape and visual impacts caused by the construction and operation of the proposed developments, in particular the Western Coast Road, Cross Bay Link, and associated noise mitigation measures, the developments in Pak Shing Kok, Town Centre South and Tiu Keng Leng, and also the visual implication of road lights;
(xii) the potential impact on the breezeways presented in TKO layout plans arising from the proposed developments and associated works;
(xiii) the potential impacts due to construction and operation of the proposed developments and associated works on the sites of cultural heritage, in particular the ruined fort at Mau Wu Shan, Fat Tau Chau Qing Dynasty Grave Stone, Junk Island House Ruin, Junk Island Site of Chinese Custom Station, Yau Yue Wan Kiln, the Grade II Tin Hau Temple in Hang Hau, the quarry face at Lei Yue Mun, Devil’s Peak Fort and associated military installations, Lei Yue Mun Burial Ground and graves in Pak Shing Kok;
(xiv) the potential impacts of various types of wastes, including the excavated materials from constructing the bridge on land, the dredged sediments when constructing the bridge structures in marine waters and any other construction waste and chemical waste to be generated from the construction and operation of the proposed developments and associated works; and
(xv) the potential cumulative environmental impacts of the proposed developments and associated works, through interaction or in combination with other existing, committed and planned developments in the vicinity of the proposed developments, and that those impacts may have a bearing on the environmental acceptability of the proposed developments.
3.3 Consideration of Alternative Options and Construction Methods
The Need of Proposed Developments
3.3.1 The Applicant shall study the need of the proposed developments presented in the Project Profile (No. PP-208/2004) and outlined in section 1.2 above and provide information and justification for the need of these developments. The Applicant shall explain clearly the purpose and objectives of the proposed developments and describe the scenarios with and without the proposed developments.
Consideration of Different Development Options
3.3.2 The Applicant shall consider other feasible alternatives than the proposed development options presented in the Project Profile (No. PP-208/2004) taking into account the relevant findings of those options already addressed in the previous studies as well the latest circumstantial changes. In the case of the Western Coast Road, the Applicant shall consider alternatives to the proposed option in the light of the forthcoming South East Kowloon Development Comprehensive Planning and Engineering Review, in particular Road T2 alignment and its connection with the WCR. Also, consideration should be given to the scenario of no Western Coast Road and Cross Bay Link. A comparison of the environmental benefits and dis-benefits of possible development options, in respect of alignment, built form, design and construction method, shall be made with a view to recommending a preferred option, which would avoid and minimize the adverse environmental impacts to the maximum practicable extent on the sensitive areas in TKO and South East Kowloon. The EIA report shall describe adequately the part that environmental factors played in arriving at the preferred option.
3.4 Technical Requirements
3.4.1 The Applicant shall conduct the EIA study to address all environmental aspects of the proposed developments and associated works recommended in the Feasibility Study outlined in sections 3.1, 3.2 and 3.3 above. The assessment shall be based on the best and latest information available during the course of the EIA study.
3.4.2 The Applicant shall include in the EIA report details of the construction programme and methodologies. The Applicant shall clearly state in the EIA report the time frame and work programmes of the proposed developments and associated works and other concurrent projects, and assess the cumulative environmental impacts from the proposed developments and associated works with all interacting projects.
Use of Relevant Findings of Approved EIA Reports and Relevant Studies
3.4.3 The Applicant shall review all previously approved studies and EIA reports which are relevant to the Feasibility Study and extract relevant information for the purpose of this EIA Study, including, but not limited to, the following :
(i) Fill Bank at Tsueng Kwan O Area 137, EIA Report (No. AEIAR-060/2002 approved on 27 June 2002);
(ii) Tseung Kwan O Roads D1, D8 and D10, EIA Report (No. AEIAR-046/2001 approved on 23 November 2001);
(iii) Tseung Kwan O Development – Contract F : Grade Separated Interchange T1/P1/P2, EIA Report (No. AEIAR-017/1999, approved on 20 October 1999);
(iv) Feasibility Study on the Alternative Alignment for the Western Coast Road, Tseung Kwan O, EIA Report (No. AEIAR-016/1999, approved on 20 October 1999);
(v) Yau Tong Bay Development, Reclamation of Yau Tong Bay, Environmental Impact Assessment Study, Final Report (No, AEIAR-053/2002, approved on 8 April 2002); and
(vi) South East Development Strategy Review, Final Report (March 2002).
3.4.4 The EIA study shall include the following technical requirements on specific impacts.
3.4.5 Air Quality Impact
184.108.40.206 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.
220.127.116.11 The area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of all proposed developments under the Feasibility Study; yet it shall be extended to include major emission sources that may have bearing on the environmental acceptability of the proposed developments. In particular, the assessment shall take into account the impacts of major emission sources from TKO Industrial Estate, industrial establishments and TKO Preliminary Treatment Works in TKO Area 85, and flaring emissions from the landfill sites in TKO Areas 77, 101 and 105. The emissions from associated works of the proposed developments shall also be included in determining the cumulative impacts. Any concurrent projects to be identified as relevant during the course of the EIA study, their possible emissions shall also be taken into account in the air quality impact assessment. The assessment shall include the existing, planned and committed sensitive receivers within the impact assessment area defined in the first sentence of this sub-section. The assessment shall be based on the best information available at the time of assessment.
18.104.22.168 The Applicant shall assess the air pollutant concentrations with reference to the relevant sections of the guidelines in Appendices A-1 to A-4, or other methodology as agreed by the Director.
22.214.171.124 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 proposed developments, e.g. description of the types of activities of the proposed developments that may affect air quality during both construction and operation stages.
(b) Give an account, where appropriate, of the consideration/measures that have been taken into consideration in the planning of the proposed developments 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 impacts 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 representative existing and planned/committed ASRs that would likely be affected by all identified potential adverse environmental impacts arising from the proposed developments and associated works, both on-site and off-site, including those earmarked on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans and other relevant published land use plans including Park Central. The Applicant shall select assessment points of the identified ASRs that represent the worst impact point of these ASRs. A map clearly showing the locations and descriptions such as names of buildings, uses and heights of the selected assessment points shall be included. The separation distances of these ASRs from the nearest emission sources shall also be given. For phased development, the Applicant should review the development programme, and where appropriate, to include occupiers of early phases as constructional impact ASRs if they may be affected by works of later phases.
(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact related to the proposed developments and associated works based on the analysis of the constructional and operational activities in sub-section 126.96.36.199(i)(a) above. Examples of construction stage emission sources include stock piling, blasting, concrete batching, marine construction plant and vehicular movements on unpaved haul roads on site, etc. Examples of operational stage emission sources include exhaust emissions from vehicles, tunnel portals and vent shafts, etc. Confirmation regarding the validity of the assumptions adopted 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 proposed developments 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 188.8.131.52(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 184.108.40.206(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 under normal operating conditions. The evaluation shall be based on the strength of the emission sources identified in sub-section 220.127.116.11(ii)(b) above. The Applicant shall follow sub-section 18.104.22.168(v) below when carrying out the quantitative assessment.
(b) The air pollution impacts of future road traffic shall be calculated based on the highest emission strength from road vehicles 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. The Fleet Average Emission Factors used in the assessment shall be agreed with the Director. All the traffic flow data and assumptions that used in the assessment shall be clearly and properly documented in the EIA report.
(c) If vehicular tunnels and/or full enclosures are to be proposed in the Feasibility Study, it is the responsibility of the Applicant 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”. When assessing air quality impact due to emissions from tunnels/full enclosures, the Applicant shall ensure prior agreement with the relevant tunnel ventilation design engineer over the amount and the types/kinds of pollutants emitted from these tunnel/full enclosures; and such assumptions shall be clearly and properly documented in the EIA report.
(v) Quantitative Assessment Methodology
(a) The Applicant shall apply the general principles enunciated in the modelling guidelines in Appendices A1 to A4 while making allowance for the specific characteristics of the proposed developments. This specific methodology must be documented in such level of details, preferably assisted with tables and diagrams, to allow the readers of the EIA report to grasp how the model has been set up to simulate the situation under study without referring to the model input files. Detailed calculations of air pollutants emission rates and a map showing all the road links for input to the modelling shall be presented in the EIA report. The Applicant must ensure consistency between the text description and the model files at every stage of submissions for review. 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 concentrations) to be evaluated and provide explanation for selecting such parameters for assessing the impact from the proposed developments and associated works.
(c) The Applicant shall calculate the overall cumulative air quality impact at the ASRs identified under sub-section 22.214.171.124 (ii) above 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(s) 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 contours to allow buffer distance requirements to be determined properly.
(d) If there is any direct technical noise remedy recommended in the Feasibility Study, its air quality implication 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 enclosures are proposed, then portal emissions of the tunnel/enclosed road sections and air quality inside the tunnel/enclosed road sections shall also be addressed. The Applicant shall highlight clearly the locations and types of agreed noise mitigating measures (where applicable), be they barriers, tunnel/road enclosure and their portals, and affected ASRs, 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 other associated constraints on future land use planning shall be agreed with the relevant government departments/authorities and be clearly documented in the EIA report. 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 together with submission of the EIA report.
3.4.6 Noise Impact
126.96.36.199 The Applicant shall follow the criteria and guidelines for evaluating and assessing both the construction and operational noise impacts arising from the proposed developments as stated in Annexes 5 and 13 of the TM respectively.
188.8.131.52 The noise impact assessment shall include the following :
(i) Determination of Assessment Area
The area for noise impact assessment shall generally include all areas within 300m from the boundary of the scope of the EIA study as defined in sections 1.2 and 3.2. 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 boundary of the proposed developments, provides acoustic shielding to those receivers at further distance behind. Similarly, subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at distance greater than 300m from the boundaries of proposed developments which are noise sensitive if they may be affected by the construction and operation of the proposed developments.
(ii) Provision of Background Information and Existing Noise Levels
(a) The Applicant shall provide all background information relevant to the proposed developments, including relevant previous or current studies. Unless required for determining the planning standards, such as those for planning of fixed noise sources, no existing noise levels are required except as set out below.
(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, including Park Central, earmarked on the relevant Outline Zoning Plans, Outline Development Plans, Layout Plans and other relevant published land use plans. The photographs of all existing NSRs shall be appended to the EIA report.
(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 floor 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 representative site layouts for operational noise assessment purpose.
(iv) Provision of an Emission Inventory of the Noise Sources
(a) The Applicant shall provide an inventory of noise sources including representative construction equipment for construction noise assessment such as for tunnelling and other construction works, and traffic flow/fixed plant equipment, as appropriate, for operational noise assessment. Confirmation on the validity of the inventory shall be obtained from the relevant government departments/authorities and documented.
(v) Construction Noise Assessment
(a) The assessment shall cover the cumulative noise impacts due to the construction works of the proposed developments and any other relevant concurrent projects identified during the course of the EIA study.
(b) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the proposed developments 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 sections 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.
(c) 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 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.
(d) 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. If tunnel boring machine is used and it is likely that ground-borne noise will affect NSRs, the assessment criteria and methodology/model for ground-borne noise shall be agreed with the Director (with reference to sub-section 4.4.2(c) of the TM) prior to obtaining the empirical parameters required in the ground-borne noise model.
(e) 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.
(f) The Applicant shall formulate a reasonable construction programme as far as practicable such that no work will be required in the restricted hours as defined under the Noise Control Ordinance (NCO). In case the Applicant needs to evaluate whether construction works in restricted hours as defined under the 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 analyze 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. Figures showing extents of new roads and existing roads shall be provided in the EIA report.
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 EIA report shall contain sample calculations and input parameters for 10 assessment points as requested by the Director. The Applicant shall prepare and provide drawings (i.e. road-plots of the traffic noise model) of appropriate scale to show the road segments, topographic barriers, and assessment points of sensitive receivers input into the traffic noise model.
The Applicant shall provide input data sets of traffic noise prediction model adopted in the EIA study as requested by the Director for the following scenarios :
(1) unmitigated scenario at the assessment year;
(2) mitigated scenario at the assessment year; and
(3) prevailing scenario for indirect technical remedies eligibility assessment.
The data shall be in electronic text file (ASCII format) containing road segments, barriers and noise sensitive receivers information. The data structure of the above file shall be agreed with the Director. CD-ROM(s) containing the above data shall be attached in the EIA report.
(a2) Presentation of Noise Levels
The Applicant shall present the prevailing and future traffic noise levels in L10 (1hour) at the NSRs in the following formats :
(1) on tables and plans of suitable scale at various representative floors levels (in mPD); and
(2) on noise contour maps of predicted noise levels of suitable scale at low, medium and high levels. The preparation of noise contour shall take into account road traffic noise sources and all relevant topographic elements including building, podium, terrain, etc.
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. The potential noise impact of the proposed developments 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.
(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. In order to clearly present the extents/locations of the recommended noise mitigation measures, plans prepared from 1:1,000 or 1:2,000 survey maps showing the mitigation measures (e.g. enclosures/barriers, low noise road surfacing, etc.) shall be included in the EIA report.
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. The Applicant shall provide in the EIA report the information of the recommended noise mitigation measures (such as barrier types, nominal dimensions at different cross-sections, extents/locations, lengths, mPD levels of barriers) in electronic format as agreed by the Director.
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 1.0 dB(A).
(b) Fixed Noise Sources
If the proposed developments will cause any fixed noise sources, such as the ventilation systems of the control centre and/or road tunnel, electrical substation, open lorry park, public transport interchange, ambulance depot and fire station, if any, the following assessment shall be followed.
(b1) Assessment of Fixed Source Noise Levels
The Applicant shall identify all fixed noise sources within the assessment area. 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. The cumulative impacts due to the fixed noise sources of the proposed developments and other existing noise sources shall also be assessed.
(b2) Presentation of Noise Levels
The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in mP.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/Land Uses
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.
(ix) Consideration of Mitigation Measures
In accordance with section 6 of Annex 13 of the TM, where the predicted noise impacts exceed the applicable noise criteria, direct mitigation measures as shown below shall be considered and evaluated in an appropriate manner :
(a) alternative land use arrangement
(b) alternative siting
(c) screening by noise tolerant buildings
(d) setback of buildings
(e) decking over
(f) extended podium
(g) building orientation
(h) treatment of source
(i) alternative alignment
(j) noise barrier/enclosure
(k) special building design
(l) architectural features/balcony
(m) open-textured road surfacing
3.4.7 Water Quality Impact
184.108.40.206 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as set out in Annexes 6 and 14 of the TM respectively.
220.127.116.11 The area for this water quality impact assessment shall cover Junk Bay Water Control Zone, Port Shelter Water Control Zone, Eastern Buffer Water Control Zone, Victoria Harbour Water Control Zone and Southern Water Control Zone as designated under the Water Pollution Control Ordinance (WPCO, Cap. 358). The indicative boundary of area for water quality impact assessment is shown in Figure 4 of this Study Brief. This assessment area could be extended to include other areas such as stream courses, existing and new drainage system with beneficial use to be proposed by the Applicant; and other associated water system(s) if they are found also being impacted during the course of the EIA study and have a bearing on the environmental acceptability of the proposed developments.
18.104.22.168 The water quality impact assessment shall cover the following major areas of concern :
(1) The influence of changes in coastline configurations to hydrodynamic regime and water quality in Junk Bay and Victoria Harbour due to reclamation for construction of the Western Coast Road any other proposed developments and placement of bridge structures for the Cross Bay Link.
(2) The water quality impacts on the Junk Bay and Victoria Harbour and the sensitive receivers subject to the impact of construction of the proposed developments and associated works. These impacts shall include, but are not limited to, elevation in suspended solids and release of organic and inorganic contaminants and nutrient during dredging of marine sediment; backfilling or dumping activities, release of leachate from Tseung Kwan O Stage I, Stage II/III and Sai Tso Wan landfills; and construction site run-off.
(3) The feasibility of the Eastern Drainage Channel and Junk Bay for such beneficial use as secondary contact recreation being proposed. Potential attributes which could have implication to water quality of the said water bodies shall include, but are not limited to, release of leachate from Tseung Kwan O Stage I and Stage II/III landfills, surface run-off from non-point sources and village discharges from the hinterland, sewage bypass and emergency overflow from the Tseung Kwan O Preliminary Treatment Works.
(4) Potential change to sediment deposition rate and salinity which could affect the ecological sensitive receiver in the assessment area.
(5) The water quality impacts on the water system and sensitive receivers within the assessment area due to additional sewage discharge, possible sewage overflow and or emergency bypass as a result of capacity constraint of Harbour Area Treatment Scheme (HATS) Stage I tunnel or emergencies arising from the proposed developments.
(6) The potential impact on Tseung Kwan O Salt Water Pumping Station, which is considered as a sensitive receiver. The water quality at its intake point shall be maintained at all time during the construction and operation phases for meeting the target limits of the water quality objectives for flushing set out by the Water Supplies Department in Appendix C. To minimize the impact on the sensitive receiver, the proposed discharge point of treated sewage effluent should be located as far away as possible, at least 500m from the water abstraction point of the salt water pumping station, and the proposed storm water outfalls should be located at least 100m from the intake point from the salt water pumping station.
22.214.171.124 The Applicant shall identify and analyse all physical, chemical and biological disruptions of marine or fresh water, coastal water, natural stream course and drainage system arising from the construction and operation of the proposed developments.
126.96.36.199 The Applicant shall predict, quantify and assess any water quality impacts arising from the proposed developments on the water system(s) and the sensitive receivers by appropriate mathematical modelling and/or other techniques proposed by the Applicant and approved by the Director. The mathematical modelling requirements are set out in Appendix B of this Study Brief. Possible impacts shall include but not be limited to changes in hydrology, flow regime, sediment erosion and deposition pattern; change in water and sediment quality due to any dredging of marine sediment, backfilling activities, landfill leachate seepage, sewage discharge and emergency bypass with reference to conclusions of the Environmental and Engineering Feasibility Assessment Study in Relation to the Way Forward of the Harbour Area Treatment Scheme (EEFS); and spent cooling water discharge (if applicable); and the consequential effects on aquatic organisms due to such changes in the affected water bodies.
188.8.131.52 The Applicant shall take into account and include likely different construction stages or sequences, and different operational stages of the proposed developments in the assessment. The assessment shall have regard to the frequency, duration, volume and flow rate of discharges and their pollutant and sediment loading. Essentially, the assessment shall address the following :
(a) Collection and review of background information on the existing and planned water system(s) and the respective catchment(s) and associated sensitive receivers which might be affected by the proposed developments and associated works during construction and operation.
(b) Characterization of water and sediment quality of the water system(s) and sensitive receivers which might be affected by the proposed developments and associated works during construction and operation based on existing information or appropriate site survey and tests as appropriate.
(c) Identification and analysis of all existing and planned future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers within the assessment area. The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans; and land uses and implementation programmes to be recommended under the Feasibility Study.
(d) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers within the assessment area.
(e) Identification of any alteration of water courses, natural streams, drainage systems, change in shoreline or bathymetry, change of hydrodynamic regimes, change of catchment types of areas.
(f) Identification and quantification of all existing and likely future water and sediment pollution sources, including but are not limited to, point discharges and non-point sources within the assessment area to surface water runoff, sewage discharge, leachate seepage from TKO Stage I, Stage II/III and Sai Tso Wan landfills and spent cooling water discharge. An emission inventory on the quantities and characteristics of all these existing and likely future pollution sources in the assessment area shall also be provided. Field investigation and laboratory tests, as appropriate, shall be conducted to fill any information gaps.
(g) Prediction and quantification by mathematical modelling or other technique approved by the Director, of the impacts on the water system and the sensitive receivers due to those alterations and changes identified in (e) and the pollution sources identified in (f). The mathematical modelling requirements are set out in Appendix B of this Study Brief. The prediction shall take into account and include likely different constructional stages or sequences, and different operational stages.
(h) Assessment of the cumulative impacts due to other related concurrent and planned projects, activities or pollution sources within a boundary around the study area to be agreed by the Director, that may have a bearing on the environmental acceptability of the proposed developments through mathematical modelling. This shall include the potential cumulative construction and operational water quality impact arising from, inter alia, the associated works of the proposed developments, the activities and planned projects to be approved by the Director when the programme of the proposed developments and associated works can be confirmed by the Applicant.
(i) Analysis on the adequacy of the existing and planned future sewerage system to receive discharges of waste water identified in (f) above.
(j) Analysis on the provision and adequacy of the existing and planned future facilities to reduce pollution arising from the non-point sources identified in (f) above.
(k) Identification and quantification of all dredging, sediment/mud transportation, filling, reclamation, disposal activities and requirements. Potential fill source and dumping ground to be involved shall also be identified. Field investigation, sampling and chemical laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The potential for the release of contaminants during dredging shall be addressed using the chemical testing results derived from sediment and marine water samples collected on site and relevant historic data. Appropriate laboratory tests such as elutriate tests and sediment pore water (interstitial water) analyses shall be performed on the sediment samples to simulate and quantify the degree of mobilization of various contaminants such as metals, ammonia, trace organic contaminants (including PCBs, PAHs, TBT and chlorinated pesticides) into the water column during dredging. The ranges of parameters to be analyzed; the number, location, depth of sediment, type and methods of sampling; sample preservation; and chemical laboratory test methods to be used shall be subject to the approval of the Director. The Applicant shall also assess the pattern of the sediment deposition and the potential increase in turbidity and suspended solid levels in the water column and at the sensitive receivers due to the disturbance of sediments during dredging.
(l) Prediction, quantification and assessment of impacts on the hydrodynamic regime, water and sediment quality of the water system(s) and the sensitive receivers due to the activities identified above. The prediction and quantification of impacts caused by, among others, sediment re-suspension and contaminant release shall be carried out by mathematical modelling (see modelling requirements set out in Appendix B of this Study Brief) or other techniques to be approved by the Director.
(m) Recommendation of appropriate mitigation measures to avoid or minimize the impacts identified above, in particular suitable mud dredging and disposal methods shall be recommended to mitigate any adverse impacts. The residual impacts on the water system(s) and the sensitive receivers with regard to the relevant water and sediment quality objectives, criteria, standards or guidelines shall be assessed and quantified by mathematical models as set out in Appendix B of this Study Brief or other techniques to be approved by the Director.
(n) Identification and evaluation of the best practicable dredging and reclamation methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that the existing marine mud shall be left in place and not to be disturbed as far as possible.
(o) Evaluation of the impacts due to release of the interstitial water and associated contaminants to the water column and ground water if wick drain installation is used to speed up consolidation of mud.
(p) Predication and quantification of cumulative impacts due to other dredging, filling or dumping activities within a boundary around the Study Area to be agreed by the Director shall also be predicted and quantified.
(q) Proposal of effective infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during the construction and operational stages so as to avoid and reduce the water and sediment quality impacts to within the acceptable levels. Requirements to be incorporated in the project contract document(s) shall be set out in the EIA report.
(r) Best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate. Attention shall be made to the water pollution control and mitigation measures recommended in the relevant ProPECC Notes.
(s) Evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water and sediment quality criteria, standards and guidelines using appropriate mathematical models as set out in Appendix B of this Study Brief or other techniques to be approved by EPD.
3.4.8 Sewerage and Sewage Treatment Implications
184.108.40.206 The Applicant shall follow the criteria and guidelines for evaluating and assessing impacts on the public sewerage, sewage treatment and disposal facilities as stated in section 6.5 in Annex 14 of the TM.
220.127.116.11 The Applicant shall study and assess the impacts of the sewage discharge from the proposed developments on the HATS Stage 1 and the sewerage system of TKO. The assessment shall include the following :
(i) investigate and review the existing, committed and planned sewerage networks and sewage treatment and disposal facilities of TKO and HATS Stage 1;
(ii) assess the sewerage system of TKO, including sewage treatment and disposal facilities, taking into account the projected flows from TKO and Port Shelter;
(iii) assess the impact of the proposed developments on the existing, committed and planned TKO sewerage system and sewage treatment and disposal facilities, and HATS Stage1;
(iv) prepare a Sewerage Master Plan for TKO using the latest version of the computerized analysis technique “INFOWORKS” or equivalent computer software agreed by the Director;
(v) identify sewerage upgrading works required for TKO sewerage network, sewage treatment and disposal facilities;
(vi) recommend interim upgrading of sewage treatment and disposal facilities and sewerage network (including the related HATS components) as appropriate and prepare programme and cost estimate for such interim works;
(vii) recommend permanent upgrading to the sewage treatment and disposal facilities and sewerage network (including the related HATS components), and develop a prioritized programme for implementation and prepare cost estimates;
(viii) take note of the findings and recommendations of “TKO Sewerage Master Plan Study”, “Port Shelter Sewerage Master Plan Study”, “Environmental and Engineering Feasibility Assessment Study in Relation to the Way Forward of the HATS” and “Study on South East New Territories Development Strategy Review”.
3.4.9 Waste Management Implications
18.104.22.168 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.
22.214.171.124 The assessment of waste management implications shall cover the following:
(i) Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities of the proposed developments and associated works, based on the sequence and duration of these activities. The Applicant shall adopt the design, the general layout, the construction methods and the programme that will maximize the use of public fill for the reclamation works.
(ii) Proposal for Waste Management
(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be fully evaluated. 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.
(b) After considering all the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste shall be described in detail. The disposal method recommended for each type of waste shall take into account the result of the assessment in (c) below.
(c) The impact caused by handling (including labelling, packaging and storage), collection, and reuse/disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- wastewater discharge; and
- public transport.
(iii) Dredging, Filling and Dumping
Identification and quantification of all dredging, fill extraction, filling, reclamation, mud/sediment transportation and disposal activities and requirements. Potential fill source and dumping ground to be involved shall also be identified. Field investigation, sampling and chemical and biological laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The ranges of parameters to be analyzed; the number, type and methods of sampling; sample preservation; chemical and biological laboratory test methods to be used shall be subject to the approval of the Director. The categories of sediments which are to be disposed of in accordance with a permit granted under the Dumping at Sea Ordinance (DASO) shall be identified by both chemical and biological tests and their quantities shall be estimated. If the presence of any seriously contaminated sediment which requires Type 3 disposal is confirmed, the Applicant shall identify the most appropriate treatment and/or disposal arrangement and demonstrate its feasibility.
3.4.10 Biogas Assessment
126.96.36.199 Investigation of potential biogas problem arising from leaving marine mud in place, including :
(i) a proposal on collection and analysis of representative samples at various depths, in addition to any samples collected in the previous studies and investigations, to the agreement of the Director;
(ii) carrying out the actual sampling and testing as agreed by the Director; and
(iii) a proposal, with justifications, on monitoring, mitigation and precautionary measures on the proposed developments, if found necessary.
3.4.11 Ecological Impact (Terrestrial and Aquatic)
188.8.131.52 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively.
184.108.40.206 The assessment area for the purpose of terrestrial ecological assessment shall include all areas within 500 metres from the site boundaries of the proposed land based works areas or the area likely to be impacted by the proposed developments and associated works. For aquatic ecology, the assessment area shall be the same as the water quality impact assessment or the area likely to be impacted by the proposed developments and associated works.
220.127.116.11 In the ecological impact assessment, the Applicant shall examine the flora, fauna and other components of the ecological habitats within the assessment area, including those highlighted in sub-section 3.2.1 above. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the proposed developments and associated works shall avoid impacts on recognized sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts arising from the construction and operation of the proposed developments and associated works.
18.104.22.168 The assessment shall include the following major tasks :
(i) review the findings of relevant studies/surveys and collate all available information on the ecological characters of the assessment area;
(ii) evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts to the aquatic and terrestrial environment;
(iii) carry out necessary field surveys, the duration of which shall be at least 6 months covering the wet season and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;
(iv) establish an ecological profile of the assessment area based on data of relevant previous studies/surveys and results of additional ecological field surveys, and describe the characteristics of each habitat found. Major information to be provided shall include :
(a) description of the physical environment;
(b) habitats maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats in the assessment area;
(c) ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, seasonal patterns, inter-dependence of the habitats and species, and presence of any features of ecological importance ;
(d) representative colour photographs of each habitat type and any important ecological features identified; and
(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/ habitats or Red Data Books;
(v) investigate and describe the existing wildlife uses of the various habitats with special attention to those wildlife groups and habitats with conservation interests, including coral communities, woodland, natural stream courses and any other habitats and wildlife groups identified as having special conservation interests by this EIA study;
(vi) Describe all recognized sites of conservation importance in the proposed development site and its vicinity and assess whether these sites will be affected by the proposed developments and associated works;
(vii) using suitable methodology to identify and quantify as far as possible any direct, indirect (e.g. changes in water qualities, sediment, hydrodynamics properties, sedimentation rates and patterns, hydrology), on-site, off-site, primary, secondary and cumulative ecological impacts on the wildlife groups and habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity, habitat fragmentation; and in particular the following :
(a) habitat loss and disturbance to wildlife during construction stage; and
(b) deterioration of environmental quality (e.g. water quality) and the subsequent impacts to the biological communities during operation stage;
(viii) demonstrate that the ecological impacts due to the construction and operation of the proposed developments and associated works are avoided by design to the maximum practicable extent;
(ix) evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;
(x) recommend all possible alternatives (such as modification of layout, different alignment, reduced size and extent of reclamation, built-form and/or using other construction methods) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified, such as :
(a) measures to avoid or minimize impacts to the coral communities and other habitats / species with conservation interests; and
(b) reinstatement of habitats temporarily affected by the proposed developments to its original state and if possible with some enhancement features;
(xi) evaluate the feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;
(xii) determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;
(xiii) evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria; and
(xiv) review the need for and recommend any ecological monitoring programme required.
3.4.12 Fisheries Impact
22.214.171.124 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM.
126.96.36.199 The area for fisheries impact assessment shall include all areas within 500m from the boundary of the Study Area and any areas likely to be impacted by the proposed developments and associated works. Special attention shall be given to the potential impacts on the mariculture activities at Tung Lung Chau fish culture zone and the loss of fishing ground.
188.8.131.52 The assessment shall cover any potential impact on both capture and culture fisheries, during the construction and operation of the proposed developments and associated works.
184.108.40.206 Existing information regarding the assessment area shall be reviewed. Based on the review results, the study shall identify data gap and determine if there is any need for field surveys. If field surveys are considered necessary, the study shall recommend appropriate methodology, duration and timing for the field surveys.
220.127.116.11 The fisheries impact assessment shall include the following :
(i) description of the physical environmental background;
(ii) description and quantification of existing capture and culture fisheries activities;
(iii) description and quantification as far as possible the existing fisheries resources (e.g. major fisheries products and stocks);
(iv) identification of parameters (e.g. water quality parameters) and areas that are important to fisheries and will be affected;
(v) identification and quantification any direct/indirect and on-site/off-site impacts to fisheries (e.g. loss of fishing grounds, spawning and nursery grounds reduction of catch/productivity and deterioration of water quality to mariculture activities);
(vi) evaluation of impacts and make proposals for any practical alternatives or mitigation measures with details on justification, description of scope and programme, feasibility as well as manpower and financial implications including those related to subsequent management and maintenance requirements of the proposals; and
(vii) review the need for monitoring during the construction and operation phases of the proposed developments and associated works and, if necessary, propose a monitoring and audit programme.
3.4.13 Landscape and Visual Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM and EIAO Guidance Note No. 8/2002 on “Preparation of Landscape and Visual Impact Assessment under the Environmental Impact Assessment Ordinance” for evaluating and assessing landscape and visual impacts of the proposed developments and associated works, such as noise barriers, during both constructional and operational stages. The assessment shall take into account all existing and planned land uses and sensitive receivers.
22.214.171.124 The area for the landscape impact assessment shall include all areas within 500 metres from the boundary of the scope of the EIA study as defined in section 3.2.1 above. The area for the visual impact assessment shall be defined by the visual envelope from the proposed developments and associated works. The defined visual envelope must be shown on a plan.
126.96.36.199 The Applicant shall review relevant Outline Zoning Plans, Outline Development Plans, Layout Plans, other relevant published land use plans, planning briefs and studies which may identify areas of high landscape value and recommend country park, coastal protection area, conservation area, open space, amenity area and green belt designations. Any guidelines on landscape strategies, landscape frameworks, urban design concepts, building height profiles, special design areas, landmarks, designated view corridors, open space networks, landscape links that may affect the appreciation of the proposed developments and associated works shall also be reviewed. The aim is to gain an insight to the future outlook of the area so as to assess whether the proposed developments and associated works can fit into surrounding setting. Any conflict with statutory town plan(s) and any published land use plans should be highlighted and appropriate follow-up action should be recommended.
188.8.131.52 The Applicant shall describe, appraise, analyze and evaluate the existing and planned landscape resources and character of the assessment area. A system shall be derived for judging landscape and visual impact significance as required under the TM. Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape character areas and landscape resources and mapping of impact assessment shall be extensively used to present the findings of impact assessment. Descriptive text shall provide a concise and reasoned judgment from a landscape and visual point of view. The assessment shall be particularly focused on the sensitivity of the landscape framework and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed developments and associated works 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 proposed developments and associated works. Clear mapping of all landscape impact is required.
184.108.40.206 The Applicant shall assess the visual impacts of the proposed developments and associated works. Clear illustrations including mapping of visual impact is required. The assessment shall include the following:
(i) Identification and plotting of visual envelope of the proposed developments and associated works;
(ii) Identification of the key groups of sensitive receivers within the visual envelope with regard to views from both ground level, sea level and elevated vantage points;
(iii) Description of the visual compatibility of the proposed developments and associated works with the surrounding and the planned setting, and its obstruction and interference with the key views of the adjacent areas;
(iv) Description of the severity of visual impacts in terms of nature, distance and number of sensitive receivers. The visual impact of the proposed developments and associated works with and without mitigation measures shall be assessed.
220.127.116.11 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 shall also include consideration of potential enhancement of existing landscape and visual quality. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.
18.104.22.168 The mitigation measures shall include preservation of vegetation and natural coastline, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, woodland restoration, compensatory planting, provisioning/ reprovisioning of amenity areas and open spaces, minimization of noise barriers, design of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing and planned land uses. 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 proposed developments and associated works. A practical programme and funding proposal for the implementation of the recommended measures shall be provided.
22.214.171.124 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 proposed developments and associated works to the satisfaction of the Director. In particular, the landscape and visual impacts of the proposed developments with and without mitigation measures shall also be properly illustrated in existing and planned setting by computer-generated photomontage so as to demonstrate the effectiveness of the proposed mitigation measures. 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, which may need to be submitted for verification of the accuracy of the illustrations.
3.4.14 Impact on Cultural Heritage
126.96.36.199 The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM respectively and the Guidance Notes on Assessment of Impact on sites of Cultural Heritage in Environmental Impact Assessment Studies (available on the EIAO web site at www.epd/gov/hk/eia/english/guid/index5.html).
188.8.131.52 The cultural heritage impact assessment shall include investigation and assessment of adverse impacts on both the known and unknown items on archaeology and historic buildings and structures.
(i) Terrestrial Archaeological Assessment
The areas for terrestrial archaeological assessment shall include areas within 50 metres from the proposed developments and works areas that may have adverse impacts on known and unknown archaeological sites. Special attention shall be paid to the archaeological sites such as Fat Tau Chau Qing Dynasty Grave Stone, Junk Island House Ruin, Junk Island Site of Chinese Custom Station (declared monument), Yau Yue Wan Kiln, etc. The Applicant shall engage a qualified archaeologist who shall obtain a License from the Antiquities Authority before undertaking the field evaluation under the provision of the Antiquities and Monuments Ordinance (Cap. 53).
(ii) Marine Archaeological Assessment
The Applicant shall engage a qualified marine archaeologist who shall obtain a License from the Antiquities Authority under the provision of the Antiquities and Monuments Ordinance (Cap.53) to identify whether there is any possible existence of sites or objects of cultural heritage, for example shipwreck, within any seabed areas that would be affected by the marine works of the proposed developments and associated works. Guidelines for Marine Archaeological Investigation are set out in the Appendix D.
(iii) Built Heritage Assessment
The Applicant shall identify all sites of historic buildings and structures based on the result of desktop research and field evaluation, and establish a comprehensive inventory of these sites that might have the potential to be affected by the proposed developments and associated. Historic buildings and structures include a variety of forms with a wide range of different functions like domestic, working and cultural uses, places of worship, houses, agricultural buildings, boundary stones and walls, workshops etc. There are a number of historic buildings and structures located in the assessment area, including Ruined for at Mau Wu Shan; Tin Hau Temple in Hang Hau, the quarry face at Lei Yue Mun; Devil’s Peak Fort and associated military installation; Lei Yue Mun Burial Ground and Graves in Pak Shing Kok, etc. A plan showing the location of both the proposed work areas and all sites of historic buildings and structures identified is required. The assessment shall be undertaken by an expert in cultural heritage.
(iv) In the event that the assessment as stated in sub-sections 184.108.40.206 (i), (ii) and (iii) prove to be inadequate, the Applicant shall undertake supplementary studies as agreed by the Director. The Applicant can make necessary reference to Appendix E on the “Criteria for Cultural Heritage Impact Assessment”.
220.127.116.11 The Applicant shall demonstrate that the disturbance, including access, to those sites of cultural heritage are avoided to the maximum practicable extent by modification of the alignment, layout and design of the proposed developments and associated works. For those sites of cultural heritage that might still be directly and indirectly affected by the proposed developments and associated works, the Applicant shall recommend practicable mitigation measures and monitoring to avoid or keep the adverse impacts on the site of cultural heritage to the minimum. A checklist including all the affected sites of cultural heritage, impacts identified, recommended mitigation measures as well as the implementation agent and period shall also be included in the EIA report.
3.4.15 Landfill Gas Hazard Assessment
18.104.22.168 The Applicant shall follow the guidelines as stated respectively in Annex 7 and Annex 19 of the TM for evaluating and assessing landfill gas hazard.
22.214.171.124 The landfill gas hazards assessment shall include a qualitative risk assessment and landfill gas precautionary/protection design. Specifically, the assessment shall include the following tasks :
(a) review of background information and studies related to TKO Stage I Landfill and Stage II/III Landfill;
(b) identification of the nature and extent of the sources, including the likely concentrations/amounts of hazardous emissions which might have the potential for causing impacts on the proposed developments and associated works;
(c) identification of possible pathways through the ground, underground cavities, utilities or groundwater and the nature of these pathways through which hazardous emissions must traverse if they were to reach the facilities within the assessment area;
(d) identification of the potential targets associated with the proposed facilities which are sensitive to the impacts of the hazardous emissions;
(e) qualitative assessment on the degrees of risk which the hazardous emissions may pose to the target for each of the source-pathway-target combinations;
(f) design of suitable level of precautionary measures and the types of protection measures for the construction, operation and decommissioning, if applicable, of the proposed developments and associated works; and
(g) identification of monitoring requirement for assessing the adequacy and performance of the implemented protection measures.
3.4.16 Hazard to Life
126.96.36.199 The hazard to life of the proposed Dangerous Goods Vehicles (DGV) ferry pier in South East Kowloon, which could be caused by the modifications of the access road to the vehicle queuing area of the DGV ferry pier due to the two proposed slip roads of the WCR shall be assessed in accordance with the risk guidelines set out in Annex 4 of the TM.
188.8.131.52 The assessment shall be based on the best and latest information available during the course of the EIA study, including the outcomes of South East Kowloon Development Comprehensive Planning and Engineering Review regarding the planned DGV ferry pier if available at the time of assessment.
3.4.17 Summary of Environmental Outcomes
184.108.40.206 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.
3.4.18 Environmental Monitoring and Audit (EM&A) Requirements
220.127.116.11 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 proposed developments and associated works and, if affirmative, to define the scope of the EM&A requirements for the proposed developments and associated works in the EIA study.
18.104.22.168 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 proposed developments and associated works through a dedicated internet website.
22.214.171.124 The Applicant shall prepare an implementation schedule, in the form of a checklist as shown in Appendix F of this EIA study brief, containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
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 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 sub-section 5.2 (i) aboveas 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 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 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 Feasibility Study mentioned in sub-section 1.2 of this EIA study brief and in Project Profile (No. PP-208/2004), 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 Feasibility Study fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.
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Environmental Assessment and Noise Division,
Environmental Protection Department