Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB- 144/2006
Project Title: A Commercial Scale Wind Turbine Pilot Demonstration at Kau Sai Chau
Applicant: Castle Peak Power Co. Ltd.
(hereinafter known as the "Applicant")
1.1 An application (No. ESB-144/2006) 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 24 March 2006 with a project profile (No. PP-282/2006) (the Project Profile).
1.2 The Project is to construct and operate a 800kW to 1.3MW wind turbine and associated equipment at south of Kau Sai Chau. The site location is shown in Figure 2.6e. of the Project Profile and is reproduced in Appendix A in this study brief. The development and operation of the Project comprises the following works:
(i) excavation for spread foundation or installation of pre-bored H-pile for the wind turbine;
(ii) erection of wind turbine tower, installation of nacelle and rotor blades;
(iii) installation of step up transformer and substation;
(iv) installation of transmission cables between the substation and the 11kV supply grid
(v) testing and commissioning of the wind turbine system.
1.3 The Project is a designated project under Schedule 2, D.1 of the EIAO: “Public utility electricity power plant”.
1.4 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.
1.5 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 Project and related activities taking 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 and the associated activities of the Project;
(ii) the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
1.6 It should be noted that this EIA study brief is for a wind turbine demonstration project to utilize wind energy for power generation on Kai Sai Chau, rather than a permanent large scale wind farm, and the types and scope of issues for a permanent large scale wind farm are unlikely to be the same as for the demonstration project. The scope of issues and the study approach set out in this study brief are for the demonstration project only.
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 and environmental benefits for carrying out the Project;
(ii) to provide information on the consideration of alternatives to avoid or minimize the potential environmental impacts to the ecological sensitive areas and other sensitive uses; to compare the environmental benefits and dis-benefits of each of the different options; to provide reasons for selecting the preferred option(s) and to describe the part of environmental factors played in the selection;
(iii) to identify and describe elements of 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;
(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 and quantify any potential losses or damage and other potential impacts to flora, fauna and natural habitats and to propose measures to mitigate these impacts;
(vii) to propose the provision of mitigation measures 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 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 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 the Environmental Impact Assessment Process of the EIAO (hereinafter referred to as “the TM”) are fully complied with.
3.2 The Scope
The scope of this EIA study covers the Project proposed in the Project Profile and shall include the works and activities mentioned in sub-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 and the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed, planned and known potential developments in the vicinity of the Project:
(i) the potential noise impact to the noise sensitive receivers during the construction and operation of the Project;
(ii) the potential ecological and fisheries impacts arising from the construction and operation of the Project, including loss of habitats and disturbance to wildlife, and the potential risk to any animal(s), especially terrestrial and aquatic organisms during construction and bird(s) during operation of the wind turbine system;
(iii) the potential landscape and visual impacts on existing and planned sensitive receivers during construction and operation of the Project;
(iv) the potential air and water quality impacts during construction of the Project; and
(v) the potential archaeological impacts.
3.3 Background Information and Justifications for Choosing the Current Site
3.3.1 In meeting the objectives of the EIA study as stated in Sections 2.1(i) and 2.1(ii) above, the EIA report shall include the following information:
Background of the Project
3.3.2 The Applicant shall provide information on the background and reason for this Project. The Applicant shall explain the purpose and objectives of the Project. Information shall also be provided on the potential environmental benefits for using wind as a renewable energy resource under this Project.
Consideration of Alternatives
3.3.3 The Applicant shall provide information on their selection of the current site among other potential sites and any relevant previous studies, including the justification for choosing the current site. Factors that have been taken into account to avoid or reduce the potential environmental impacts of the Project shall be included. Other factors or constraints affecting the site selection and operation of the Project shall also be stated if appropriate.
3.3.4 The Applicant shall present in the EIA report the consideration of alternative design such as site layout, size and chromatic treatment of the Project with a view to reduce the visual and landscape impacts during operation of the Project. Other factors or constraints affecting the design of the Project shall also be stated if appropriate.
3.3.5 The Applicant shall present in the EIA report the consideration of alternative delivery modes and routes of construction materials and equipments for the Project with a view to recommending the preferred delivery modes and routes to avoid or minimise on-site and off-site environmental impacts during construction of the Project.
3.4 Technical Requirements
The Applicant shall conduct the EIA study to address the environmental aspects as described 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. The Applicant shall assess the cumulative environmental impacts from the Project with other interacting projects. The Applicant shall include in the EIA report details of the construction programme and methodologies.
The EIA study shall meet the following technical requirements on specific impacts, unless otherwise approved by the Director specifically in writing.
3.4.1 Noise Impact
18.104.22.168 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.
22.214.171.124 The noise impact assessment shall include the followings:
(i) Determination of Assessment Area
The noise impact assessment shall generally include areas within 300m from the project boundary. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the project boundary, provides acoustic shielding to those receivers located further away. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at greater distance which would be affected by the construction and operation of the Project.
(ii) Provision of Background Information
The Applicant shall provide background information relevant to the project including relevant previous and current studies. Existing noise levels are required for determining the planning standards, such as those for planning of fixed noise sources.
(iii) Identification of Noise Sensitive Receivers
(a) The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing ones and all planned or committed noise sensitive developments and uses earmarked on the relevant published land use plans. Photographs of the existing NSRs shall be appended to the EIA report.
(b) The Applicant shall select assessment points to represent identified NSRs for carrying out quantitative noise assessment described below. A map shall be given showing location and description, such as name of building, use, and number of floors of each and every selected assessment points.
(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 for operational noise assessment.
(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) If the unmitigated construction noise levels are found to exceed 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(s)) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(c) 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 construction noise impact assessment for restricted hours, the Noise Control Authority will consider a well-justified Construction Noise Permit (CNP) application, once filed, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary condition/situations of adjoining land uses and any previous complaints against construction activities at the site before making his decision in granting a CNP. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.
(vi) Operational Noise
(a) The Applicant shall analyze the scope of the proposed system to identify noise sources for the purpose of noise impact assessment, including any noise due to interaction between wind and the turbine system/ blade.
(b) The Applicant shall calculate the expected noise using standard acoustic 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 of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites.
(c) The Applicant shall present the existing and future noise levels in Leq (30 mins) at the NSRs in tables and plans of suitable scales. Quantitative assessment at the NSRs for 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.
(d) Proposals for Noise Mitigation Measures
The Applicant shall propose direct technical remedies 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. Specific reasons for not adopting certain direct technical remedies in the design to reduce the noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs should be clearly quantified and laid down. The total number of dwellings and other noise sensitive element that will be benefited by the provision of direct technical remedies should be provided.
The total number of dwellings 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 consider alternatives to reduce the impacts.
(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 arising from the inclusion of any recommended direct technical remedies.
3.4.2 Ecological Impact
126.96.36.199 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.
188.8.131.52 The assessment area for the purpose of terrestrial ecological impact shall include all areas within 500 m distance from the site boundary of the works areas, or any area likely to be impacted by the Project including the alternate access routes, the diverted water pipe alignment, transmission cable alignment.
184.108.40.206 Marine ecological impact assessment shall be conducted if there are marine works involved in the Project. The assessment area for marine ecological impact shall be the same as for water quality impact assessment or any areas likely be impacted by the Project.
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. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the Project shall avoid impacts on wildlife groups or habitats / species with conservation interests including but not limited to corals (including all hard corals, octocorals and black corals). The assessment shall identify and quantify as far as possible the potential ecological impacts to the natural environment and the associated wildlife groups and habitats / species arising from the Project, including the impacts of any haul roads, pier upgrading works, temporary work sites, access and barging facilities.
18.104.22.168 The assessment shall include the following:
(i) review and incorporate the findings of relevant studies / surveys and collate all the available information regarding the ecological characters of the assessment areas;
(ii) evaluate the information collected and identify any information gap relating to the assessment of potential ecological impacts and determine whether ecological field survey (at least 6 months, covering the wet season) shall be required for a comprehensive assessment under the following sub-sections;
(iii) carry out further ecological field surveys and investigations to fill in the information gaps, if any, identified in Section 22.214.171.124 (ii) above and fulfil the objectives of the EIA study. The field surveys shall include but not limited to corals (including all hard corals, octocorals and black corals);
(iv) establishment of the general ecological profile of the Study Area based on data of relevant previous studies / surveys and results of additional ecological field surveys and description of the characteristics of the habitats found. Major information to be provided shall include:
(a) description of the physical environment, including all recognized sites of conservation importance and assess whether these sites will be affected by the Project or not;
(b) habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of the habitats / species in the Study Area with special attention to those with conservation interests including but not limited to corals (including all hard corals, octocorals and black corals) and any other habitats / species identified as having special conservation interest by this EIA study;
(c) ecological characteristics of each habitat type such as extent, substrate, size, vegetation type, species present, dominant species found, species diversity and abundance, community structure, ecological value and inter-dependence of the habitats and species and presence of any features of ecological importance;
(d) representative colour photos of each habitat types and any important ecological features identified;
(e) species found that are rare, endangered and/or listed under local legislation, international convention for conservation of wildlife / habitats or red data book;
(v) investigation and description of the existing wildlife uses of the various habitats with special attention to those wildlife groups and habitats with conservation interests, including but not limited to coral communities, natural stream courses, shrubland, woodland, herpetofauna and avifauna in particular the White-bellied Sea Eagles in the context of the proposal;
(vi) using suitable methodology, and considering also other works activities from other projects reasonably likely to occur at the same time, identification and quantification as far as possible of any direct (e.g. loss of habitats due to pier upgrading works or construction of access and barging facilities, etc), indirect (e.g. changes in water qualities, hydrodynamics properties, sedimentation rates, etc), on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity, habitat fragmentation, and in particular deterioration or disturbance to corals (including all hard corals, octocorals and black corals) or other marine habitats / species of conservation value, including any discovered during the course of the study, impacts to aquatic organisms during construction and avifauna during operational stage due to rotation of the wind turbines, noise produced by the wind turbines and the glare due to reflection of sunlight;
(vii) evaluation of ecological impact shall be based on the best and latest information available during the course of the EIA study, using quantitative approach as far as practicable and covering construction and operation phases of the Project as well as the subsequent management and maintenance requirement of the proposal;
(viii) evaluation of the significance and acceptability of the ecological impacts identified using the criteria in Annex 8 of the TM;
(ix) recommendations for possible alternatives, such as modifications / change of layout, design, construction site and methods and practicable mitigation measures to avoid, minimize and / or compensate for the adverse ecological impacts identified;
(x) evaluation of the feasibility and effectiveness of the recommended mitigation measures and definition of the scope, type, location, implementation arrangement, resources requirement, subsequent management and maintenance of such measures;
(xi) determination and quantification as far as possible of the residual ecological impacts after implementation of the proposed mitigation measures;
(xii) evaluate the severity and acceptability of the residual ecological impacts using the criteria in Annex 8 of the TM; and
(xiii) review of the need for and recommendation for any ecological monitoring programme required.
3.4.3 Fisheries Impact
126.96.36.199 Fisheries impact assessment shall be conducted if there are marine works involved in the Project. The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM.
188.8.131.52 The assessment area for fisheries impact assessment shall include all areas within 500m distance from the boundary of the works area and any areas likely be impacted by the Project. Special attention shall be given to the Kau Sai fish culture zone.
184.108.40.206 The assessment shall cover any potential impact of the Project on culture fisheries during construction stage of the Project. Existing information regarding the study area shall be reviewed.
220.127.116.11 The assessment shall include the following:
(i) Description of the physical environmental background;
(ii) Description and quantification as far as possible of the existing culture fisheries activities;
(iii) Description and quantification as far as possible of the existing fisheries resources;
(iv) Identification of parameters (e.g. water quality parameters) and areas that will be affected;
(v) Identification and quantification of any direct/indirect and onsite/offsite impacts of fisheries;
(vi) Evaluation of impacts and make recommendations for any environmental mitigation measures with details on justification, description of scope and programme, feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the proposals; and
(vii) Review the need for monitoring and, if necessary, recommend a monitoring auditing programme.
3.4.4 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 Technical Memorandum and the Guidance Notes EIAO No. 8/2002 on the preparation of Landscape and Visual Impact Assessment under the EIAO. Landscape and visual impacts during both construction and operation phases within the study and related works areas shall be assessed.
22.214.171.124 The assessment area for landscape impact assessment shall include all areas within a 500m distance from the Project while the assessment area for the visual impact assessment shall be defined by the visual envelope of the Project and should cover the wind turbine, access road and associated land or slope works.
126.96.36.199 The Applicant shall review all relevant plan(s) and/or studies which may identify areas of high landscape value and recommend country park, coastal protection area, green belt and conservation area designations. Any guidelines on landscape and urban design strategies and frameworks that may affect the appreciation of the Project shall 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 the surrounding setting. Any conflict with statutory town plan(s) and any published land use plans shall be highlighted and appropriate follow-up action shall 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 judgement from a landscape and visual point of view. 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 setting. The landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the proposed development. 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.
184.108.40.206 The Applicant shall assess the visual impacts of the Project. Clear illustration including mapping of visual impact is required. The assessment shall include the following:
(i) Identification and plotting of visual envelope of the Project.
(ii) Identification of the key groups of sensitive receivers within the visual envelope with regard to views from ground level, sea level and elevated vantage points.
(iii) 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.
(iv) The severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts particularly due to the aviation safety requirements and glare impact of the Project shall also be considered in the assessment. The visual impacts of the Project with and without mitigation measures shall be included so as to demonstrate the effectiveness of the proposed mitigation measures.
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 site, 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 also include the preservation of vegetation, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed lands, compensatory planting, woodland restoration, design of structure, provision of finishes to structure, colour scheme and texture of material used and any measures to mitigate the impact on the existing and planned 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 recommendation measures shall be provided.
22.214.171.124 Annotated illustration materials such as colour perspective drawing, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to illustrate the landscape and visual impacts of the Project. In particular, the landscape and visual impacts of the Project 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 in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustration. Consideration should be given to views affecting the following, but not necessarily limited to residents of Kau Sai Chau, visitors and tourists to Kau Sai Chau, and users at popular walking trials on the Island.
3.4.5 Air Quality Impact (Construction Stage)
126.96.36.199 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.
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 site, yet it shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project. The assessment shall include but not limited to the existing, planned and committed sensitive receivers within the study area. Such assessment shall be based on the best available information at the time of the assessment.
184.108.40.206 A qualitative 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.
(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 to minimize the constructional air quality impact.
(c) Present the background air quality levels in the assessment area.
(ii) Identification of Air Sensitive Receivers (ASRs)
(a) Identify and describe representative existing and planned/committed ASRs that would likely be affected during construction stage of the Project. 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 buildings, their uses 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) Construction Phase Air Quality Impact
The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust which may arise as a result of the works 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.
(c) 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.
3.4.6 Water Quality Impact (Construction Stage)
220.127.116.11 The applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annex 6 and Annex 14 of the TM respectively. The assessment area for the purpose of water quality impact assessment shall include all areas within 500m distance from the site boundary of the works areas, or the area likely to be impacted by the Project.
18.104.22.168 The Applicant shall include the following in the water quality impact assessment:
(i) Collection and review of background information on the existing water system(s) potentially to be affected by the Project. These shall cover all inland waters and tidal waters within the assessment area, including any natural stream/river, lake pool or pond which may be dry for the time being.
(ii) Identification and analysis of existing and planned future activities and beneficial uses related to the water system(s) including but not limited to the activities associated with the construction of the project and identification of water sensitive receivers, including but not limited to the nearby Kau Sai Fish Culture Zone.
(iii) Identification of pertinent water quality objectives for the water system(s) and the sensitive receivers.
(iv) Identification of any alteration or physical encroachment to natural streams, watercourse or tidal waters, may it be temporary or permanent in nature, due to the execution of the Project.
(v) Identification and analysis of all existing and likely future water pollution sources, including point discharges and non-point sources to surface water runoff. These wastewater discharges shall include, but not limited to, construction wastewater, site run-off, sewage generated by the workforce and any disposal of oil and grease pollutants due to the project.
(vi) Prediction of the impacts on the water system(s) and the sensitive receivers identified in (ii) due to those activities identified and the pollution sources identified in (v). Possible impacts include, but not limited to, excavation and backfilling for the wind turbine, the substation and temporary cabins and cable laying and construction wastewater and surface runoff discharge. Configuration of the construction access, stream crossing and any proposed alteration/addition to the identified berthing facilities, if the existing pier/landing point is found not suitable for material delivery, shall be evaluated against their potential environmental impacts based on the information to be provided under section 3.3.3 to 3.3.5.
(vii) Cumulative impacts due to other projects, activities or pollution sources within the assessment area.
(viii) Proposal of effective water pollution prevention and mitigation measures to be implemented so as to reduce the water quality impacts to within acceptable levels of standards.
(ix) Analysis on the provision and adequacy of the recommended mitigation measures to reduce pollution arising from the Project identified in (v).
(x) 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 quality control and mitigation measures recommended in the ProPECC paper on construction site drainage.
(xi) Evaluation of the significance and acceptability of the residual impacts after mitigation on the water system(s) and the sensitive receivers with regard to the appropriate water quality criteria, standard or guidelines.
The Applicant shall conduct the EIA study to address all environmental aspects as described in sub-sections 3.1, 3.2 and 3.3 above. The EIA study shall include the following technical requirements on specific impacts.
3.4.7 Construction Waste Management Implications
22.214.171.124 The Applicant shall follow the criteria and guidelines as stated in Annexes 7 and 15 of the TM for evaluating and assessing waste management implications arising from construction of the Project.
126.96.36.199 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 and chemical waste arising as a result of the construction activities of the Project. The Applicant shall adopt design, general layout, construction methods and programme to minimize the generation of public fill/inert C&DM and maximize the use of public fill/inert C&DM for other construction 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 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 considered;
(b) After considering 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 the wastes shall be described in detail. The disposal options recommended for each type of wastes shall take into account the result of the assessment in item (c) below. The EIA repost shall also state clearly the transportation routings and the frequency of the trucks/vessels involved, any barging point or conveyor system to be used, the stockpiling areas and the disposal outlets for the wastes identified; and
(c) The impact caused by handling (including stockpiling, labelling, packaging & storage), collection, transportation and 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, if any;
- public transport; and
- landscape and visual impacts.
3.4.8 Impact on Cultural Heritage
188.8.131.52 The Applicant shall follow the criteria and guidelines for evaluating and assessing cultural heritage impacts as stated in section 2 in Annex 10 and section 2 in Annex 19 of the TM, respectively.
184.108.40.206 The cultural heritage impact assessment shall include archaeological investigation. The Applicant shall refer to Appendix B of this EIA study brief for the detailed requirements.
220.127.116.11 The study areas for archaeological investigation shall include the proposed wind turbine site, areas within 25 metres from either side of the alignment of transmission cables and the access road as well as works area likely to be impacted by the Project. 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). The Applicant shall draw necessary reference to relevant sections of Appendix B of this study brief on the Criteria for Cultural Heritage Impact Assessment.
18.104.22.168 The Applicant shall demonstrate that the disturbance, including the access road, to those sites of cultural heritage, including but not limited to the Hung Shing Temple, are avoided to the maximum practicable extent by modification of the layout and design of the Project. For those sites of cultural heritage that might still be directly and indirectly affected by the Project, 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 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.
3.4.9 Summary of Environmental Outcomes
The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the environmental benefits of the Project, 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
22.214.171.124 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.
126.96.36.199 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.
188.8.131.52 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix C to this EIA study brief) containing 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 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 sub-section 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 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 Project mentioned in Section 1.2 of this EIA study brief and in Project Profile (No. PP-282/2006), 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.
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Environmental Assessment and Noise Division,
Environmental Protection Department