Environmental Impact Assessment Ordinance (Cap. 499)
Section 5 (7)(a)
Environmental Impact Assessment Study Brief No. ESB-149/2006
Project Title : Construction of Cycle Tracks and the Associated Supporting
from Sha Po Tsuen to
( hereinafter known as the “Project” )
( hereinafter known as the “Applicant” )
1.1 An application (no. ESB-149/2006) for an Environmental Impact Assessment (EIA) study brief under section 5(1)(a) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 20 April 2006 with a project profile (no. PP-288/2006).
1.2 The project is concerned with construction of
a cycle track to connect the existing cycle track networks at Yuen Long and
Sheung Shui and provision of supporting and recreational facilities. The proposed track will span from Sha Po
Tsuen in Yuen Long, along
(i) 5 places of rest and 1 education centre;
(ii) associated streetscape, landscape, utilities diversions, traffic aids installation, street lighting, water, sewerage and drainage works; and
(iii) provision of environmental mitigation measures.
1.3 The project is a designated project by virtue of items P.1 and Q.1 of Schedule 2 of the EIAO. In accordance with P.1, “A residential or recreational development, other than New Territories exempted houses within Deep Bay Buffer Zone 1 or 2” is a designated project. Q.1 specifies that “All projects including new access roads, railways, sewers, sewage treatment facilities, earthworks, dredging works and other building works partly or wholly in an existing or gazetted proposed country park or special area, a conservation area, an existing or gazetted proposed marine park or marine reserve, a site of cultural heritage, and a site of special scientific interest” constitute designated projects. 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 (the Director) issues this Environmental Impact Assessment (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 proposed project;
(ii) the conditions and requirements for the detailed design, construction and operation of the proposed project 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 project and associated works together with the requirements for carrying out the project;
(ii) to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;
(iii) to provide information on the consideration of alternatives to avoid and minimize the potential adverse environmental impacts on the sensitive uses 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 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 (SRs) and potential affected uses;
(v) to identify and quantify any potential losses or damage to flora, fauna and natural habitats;
(vi) to identify any negative impacts on sites of cultural heritage and propose measures to mitigate these impacts;
(vii) to identify and quantify any potential landscape and visual impacts and to propose measures to mitigate these impacts;
(viii) to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;
(ix) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;
(x) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;
(xi) to identify, assesses 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 reduce them to 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 the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.
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. 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 the Project mentioned in section 1 of the Project Profile (no. PP-288/2006) and highlighted in section 1.2 above. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study :
(i) potential air quality impact from construction of the Project, taking into account the cumulative impact from the existing and planned sources of pollution in the vicinity of the Project and during the operational stage air quality impact from the existing and planned pollution sources in the vicinity on any part of the Project which would be considered as air sensitive receivers (ASRs);
(ii) potential noise impact from construction of the Project, taking into account the cumulative impact from other concurrent projects in the vicinity of the Project and during the operational stage noise impact from the existing and planned noise sources in the vicinity on any part of the Project which are identified to be noise sensitive receivers (NSRs);
(iii) potential water quality impact from construction and operation of the Project on the relevant water system(s);
(iv) potential impact of various types of waste arising from construction and operation of the Project;
(v) potential adverse impact from construction and operation of the Project on the ecological sensitive areas, in particular Long Valley, Mai Po Village SSSI, egretries/egret nesting colonies as well as ecological mitigation areas identified in the vicinity of the Project, such as compensatory plantation areas for drainage channel 60CD (i.e. Kam Tin River) and Main Drainage Channel for Sheung Shui, Fanling and Hinterland (i.e. Sheung Yue River);
fisheries impacts, especially the impact on fish ponds, including reinstated
fish ponds related to drainage channel projects 29CD (i.e. Ngau Tam Mei
Channel) and 60CD (i.e.
(vii) potential landscape and visual impacts from construction and operation of the Project;
(viii) potential impacts due to construction and operation of the Project and associated works on sites of cultural heritage in the vicinity of the Project, in particular the archaeological site located to the south of Mai Po Village SSSI.
3.3 Consideration of Alternatives
Need for the Project
3.3.1 The Applicant shall study and review the need for the Project and provide information to justify the need. The Applicant shall explain clearly the purpose and objectives of the Project and describe the scenarios with and without the Project.
Consideration of Different Alignment Options
3.3.2 In addition to the proposed alignment set out in the Project Profile (no. PP-288/2006), the Applicant shall consider other feasible alternative options for the proposed project, provide justification for the selected alignment, including description of the environmental factors considered in the alignment selection process and attempt made to avoid ecological sensitive areas, such as conservation area, site of special scientific interest (SSSI), egretries/egret nesting colonies and fish ponds, and archaeological site(s).
Consideration of Alternative Construction Methods and Works Sequences of Works
3.3.3 Taking into consideration the combined effect with respect to the severity and duration of the construction impacts to the affected sensitive receivers, the EIA study shall explore alternative construction methods and sequences of works for the Project, with a view to avoid prolonged adverse environmental impacts to the maximum practicable extent. A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.
3.4 Technical Requirements
3.4.1 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the Project Profile (no. PP-288/2006). The assessment shall be based on the best and latest information available during the course of the EIA study. The EIA study shall include the following technical requirements on specific impacts.
Definition of Project Site Area
3.4.2 The Project site shall cover the proposed cycle track and associated facilities/works, construction footprint area, including works area, storage area, site office, haul roads, etc., and the said areas shall be clearly demarcated on to scale plans.
3.4.3 Air Quality Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines stated in section 1 of Annex 4 and Annex 12 of the TM for evaluating and assessing the air quality impact.
Air Quality Impact during Construction Stage
22.214.171.124 During the construction stage, if the Applicant anticipates significant construction dust impact that will likely cause exceedance of the recommended limits in the TM at the ASRs despite incorporation of dust control measures, a quantitative assessment following the relevant technical requirements in sections 126.96.36.199 to 188.8.131.52 below shall be carried out to evaluate the construction dust impact at the identified ASRs.
Air Quality Impacts during Operational Stage
184.108.40.206 For the air quality impacts during the operational stage, if the Applicant anticipates significant air quality impact that will likely cause exceedance of the recommended limits in the TM on any part of the Project which would be considered as ASRs in accordance with Annex 12 of the TM, despite incorporation of control/mitigation measures, a quantitative assessment following the relevant technical requirements in sections 220.127.116.11 to 18.104.22.168 below shall be carried out to evaluate the operational air quality impact at the identified ASRs.
Technical Requirements – General
22.214.171.124 Study Area
(i) The study area for construction and operational air quality impact assessments of the Project shall be defined by a distance of 500m from the boundary of the Project site area.
(ii) The cumulative assessment for operational stage of the Project shall take into account the impacts from major emission sources of existing and/or planned air polluting uses.
(iii) The cumulative assessment for the construction stage shall take into account the impacts of major emission sources from other concurrent construction projects.
126.96.36.199 The Applicant shall assess the air pollutant concentrations with reference to the Guidelines for Local-Scale Air Quality Assessment Using Models given in Appendices A-1 to A-3 or other methodology as agreed by the Director.
188.8.131.52 The air quality impact assessment shall include the following :
(i) Background and Analysis of Activities
(a) Provide background information relating to air quality issues relevant to the Project.
(b) Give an account, where appropriate, of the consideration / measures that have been taken into consideration in the planning of the Project to abate air pollution impact. The Applicant shall consider alternative construction methods/phasing programmes and alternative modes of operation to minimize the construction and operational air quality impacts respectively.
(c) For the evaluation of cumulative air quality impacts during construction and operational stages, present the background air quality levels in the study area.
(ii) Identification of ASRs and Examination of Emission/ Dispersion Characteristics
(a) Identify and describe representative existing and planned/ committed ASRs that would likely be affected by the Project, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans, including plans and drawings published by the Lands Department. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact points of these ASRs. A map showing the location and description including the names of buildings, their uses and height of selected assessment points shall be given. Separation distances of these ASRs from the nearest emission sources shall also be given.
(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the Project based on the analysis of the construction and operational activities of the Project in section 184.108.40.206 (i) above. Examples of construction stage emission sources include stockpiling, material handling and vehicular movements on unpaved haul roads on site, etc. Examples of operational stage emission sources include exhaust emissions from vehicles and odour emission from Sheung Shui Slaughter House, sewage treatment works, and the proposed Poultry Slaughtering Plant in Sheung Shui, etc.. Any concurrent projects identified relevant, their possible emissions shall also be taken into account in the air quality assessment. Confirmation of the validity of the assumptions and the magnitude of the activities shall be obtained from the relevant government departments/parties and documented in the EIA report.
(iii) Construction Phase Air Quality Impact
(a) The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation to ensure construction dust impact is controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. An audit and monitoring program for the construction stage shall be devised to verify the effectiveness of the control measures and to ensure that the construction dust levels will be brought under proper control. The Applicant shall follow the methodology set out in section 220.127.116.11 (v) and (vi) below when carrying out the quantitative assessment.
(iv) Operational Phase Air Quality Impact
(a) The Applicant shall assess the expected air pollutant impacts at the identified ASRs based on an assumed reasonably worst-case scenario under normal operating conditions. The Applicant shall follow the methodology set out in section 18.104.22.168 (v) and (vi) below when carrying out the quantitative assessment.
(b) For calculation of future road traffic air pollution impact, this shall be based on the highest emission strength from adjoining roads, including Castle Peak Road, San Tin Highway and Fanling Highway and maintenance access roads of Kam Tin River and Ngau Tam Mei Channel namely Pok Wai South Road and Yau Pok Road (for the existing scenario as maintenance access roads and any proposal to change the current use of these roads, such as opening up the roads to vehicles other than maintenance vehicles) within the next 15 years upon commencement of operation of the Project. 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. If necessary, the Fleet Average Emission Factors shall be determined by a motor vehicle emission model such as EMFAC-HK model to 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.
(v) Quantitative Assessment Methodology
(a) The Applicant shall conduct the quantitative assessment with reference to relevant sections of the modelling guidelines stated in section 22.214.171.124 above or any other methodology as agreed with the Director. The specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Detailed calculations of the pollutant emission rates shall be presented in the EIA report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. In case of doubt, the Applicant shall seek and obtain prior agreement of the Director on the specific modelling details.
(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 choosing these parameters for assessment of the impact of the Project.
(c) The Applicant shall calculate the cumulative air pollutant concentrations at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of a summary table and pollution contours, to be evaluated against the relevant air quality standards and examination of the land use implications of these impacts. Plans of suitable scale should be used for presentation of pollution contours to allow proper determination of buffer distance requirements.
(vi) Mitigating Measures for Non-compliance
(a) The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set out in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.
(vii) Submission of Model Files
(a) All input and output file(s) of the model run(s) shall be submitted to the Director in an electronic format.
3.4.4 Noise Impact
126.96.36.199 The Applicant shall follow the criteria and guidelines stated in Annexes 5 and 13 of the TM for evaluating and assessing the noise impact.
188.8.131.52 Noise impact is not anticipated to arise from operation of the cycle track, hence operational noise impact assessment is not required for the proposed cycle track.
184.108.40.206 The noise impact assessment for the proposed cycle track shall include the following :
(i) Determination of Study Area
(a) The study area for the noise impact assessment shall generally include areas within 300m from the Project site boundary or alternative Project alignment(s) identified in the EIA. Subject to the agreement of the Director, the study area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs) closer than 300m from the outer Project limit provides acoustic shielding to those receivers at distances further away from the Project. Subject to the agreement of the Director, the study area shall be expanded to include NSRs at distances over 300m from the Project site boundary, which would be affected by construction of the Project.
(ii) Provision of Background Information and Existing Noise Levels
(a) The Applicant shall provide background information relevant to the Project, e.g. relevant previous or current studies. Unless required for determining the planning standards, e.g. those for planning of fixed noise sources (such as ventilation systems of traffic noise enclosures), no existing noise levels are particularly required.
(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 the existing NSRs and planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans, including plans and drawings published by Lands Department. Photographs of the existing NSRs shall be appended to the EIA report.
(b) The Applicant shall select assessment points to represent the 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 the name of building, use, and the 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 Emission Inventory of the Noise Sources
(a) The Applicant shall provide an inventory of noise sources including representative construction equipment for the construction noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities and documented in the EIA report.
(v) Construction Noise Assessment
(a) The assessment shall cover the cumulative noise impacts due to the construction works of the Project and other concurrent projects identified during the course of the EIA study.
(b) The Applicant shall carry out an assessment of noise impact from construction (excluding percussive piling) of the Project during daytime, i.e. 7 am to 7 pm, on weekdays other than general holidays in accordance with methodology 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.
(d) 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 tasks) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(e) The Applicant shall, as far as practicable, formulate a reasonable construction programme so 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 the 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 construction noise impact assessment for the restricted hours, the Noise Control Authority will process 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 EIA report.
Operational Noise Assessment
220.127.116.11 Any part of the Project identified to be NSRs in the EIA study, the Applicant shall assess the impact on these NSRs from existing and planned noise sources in the vicinity of the project following the criteria and guidelines set out in Annexes 5 and 13 of the TM.
3.4.5 Water Quality Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines stated in Annexes 6 and 14 of the TM for evaluating and assessing the water quality impact.
22.214.171.124 The assessment area for the water quality impact assessment shall include all areas within 500m from the Project site boundary, including Kam Tin River, Ngau Tam Mei Drainage Channel, San Tin Eastern Main Drainage Channel, Sheung Yue River, Shek Sheung River, surrounding fish ponds, and wetland within the Conservation Area and Deep Bay Buffer Zones. This assessment area could be extended to include other areas such as stream courses and the associated water systems in the vicinity being impacted by the Project.
126.96.36.199 The Applicant shall identify and analyze physical, chemical and biological disruptions of marine, estuarine or fresh water system(s), catchment area(s), storm water channels, fish ponds and coastal water arising from construction and operation of the Project if found justifiable.
188.8.131.52 The Applicant shall assess the water quality impact arising from construction and operation of the Project. Essentially, the assessment shall address the following :
(i) Collect and review the background information on the existing and planned water systems, their respective catchments and sensitive receivers which might be affected by the Project;
(ii) Characterize water and sediment quality of the water systems, their respective catchments and sensitive receivers which might be affected by the Project based on the existing best available information or through appropriate site surveys and tests;
(iii) Identify and analyze relevant existing and planned future activities, beneficial uses and water sensitive receivers related to the affected water system(s). The Applicant shall refer to, inter alia, those developments and uses specified in the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and any other relevant published land use plans;
(iv) Identify pertinent water and sediment quality objectives and establish other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers identified in accordance with section 184.108.40.206 (i) (ii) and (iii) above, including ecological sensitive receivers for the assessment covered in section 3.4.7;
(v) Review the specific construction methods and configurations, provisional site formation plan, and operation of the Project. Identify any alteration of natural/artificial water courses, meanders, fish ponds, wetlands, change of drainage channels, flow regimes, ground water levels and catchment types or areas;
(vi) Identify and quantify all existing, likely future water and sediment pollution sources, and loadings. An emission inventory of the quantities and characteristics of these existing and likely future pollution sources in the study area shall also be provided. Field investigation and laboratory tests shall be conducted as appropriate to fill in relevant information gaps;
(vii) Assess the cumulative impacts due to other related concurrent and planned projects and activities or pollution sources in the study area along the identified water system(s) and sensitive receivers that may have a bearing on the environmental acceptability of the Project;
(viii) Assess and evaluate any potential water quality impact on the identified water system(s), respective catchments and sensitive receivers due to storm and surface water runoff and sewage arising from the construction of the Project. Any effluent generated will require appropriate collection, treatment and disposal to within standards and objectives and criteria established in section 220.127.116.11 (iv) above;
(ix) Assess and evaluate any potential water quality impact due to sewage, storm water and surface runoff on the water system(s), respective catchments and sensitive receivers during operation phase so as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in section 18.104.22.168 (iv) above. Best management practices shall be recommended to reduce any potential impacts arising from storm water runoff during both construction and operation phases;
(x) Should dredging be required, the Applicant shall evaluate and quantify the possible impacts arising from the dredging works and other marine works. The Applicant shall identify clearly the nature, extent and rate of the dredging works, and the volume of sediment disturbed. Field investigation, sampling and laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The potential release of contaminants during dredging and other marine works shall be addressed using the chemical testing results derived from sediment and marine water samples collected on site and relevant historical data. Appropriate laboratory tests such as elutriate tests in accordance with the USACE method 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, oxygen demand, ammonia, nutrients, 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. Potential fill source and dumping ground to be involved shall be identified. 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, dumping and other marine works;
(xi) In case of small scale dredging works and with the prior written approval by the Director, the Applicant shall assess the potential increase in turbidity and suspended solids levels in the related water system(s) within the study sites. The potential for release of contaminants during dredging shall also be addressed using the chemical testing results derived from sediment samples collected on site and relevant historic data;
Waste Water and
(xii) Proposals for effective and practicable infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during construction and operation stages to reduce the water quality impacts to within acceptable levels of standards. Requirements to be incorporated in the project contract document shall also be proposed;
(xiii) Best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate;
(xiv) Evaluate and quantify residual impacts on the affected water system(s) and the sensitive receivers with regard to the appropriate water quality criteria, standards or guidelines; and
Protection Against Accidental Spillage
(xv) Specification of an emergency contingency plan for the construction and operational phases of the Project to contain and remove accidental spillage along the channels, the access road(s)/haul road(s) at short notice and to prevent or to minimize the quantities of contaminants getting into the surrounding water courses and sensitive habitats.
3.4.6 Waste Management Implications
22.214.171.124 The Applicant shall follow the criteria and guidelines stated in Annexes 7 and 15 of the TM for evaluating and assessing waste management implications.
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 arising as a result of the construction and operation activities of the Project, based on the sequence and duration of these activities. The Applicant shall adopt design, general layout, construction methods and programme to minimize
generation of public fill/inert construction and demolition materials (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 disposal options for various wastes, opportunities for reducing waste generation, on-site/ off-site re-use and recycling shall be evaluated. Measures which can be taken in the planning and design stages e.g. by modifying design approach and in the construction stage to maximize waste reduction shall be separately 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 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 section 188.8.131.52 (ii) (c) below. The EIA report 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;
(c) The impact caused by handling (including labelling, packaging and storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas :
air and odour emissions;
wastewater discharge; and
(iii) Land Contamination Assessment
(a) Identify all land lots/sites within the study area boundary which, due to their past or present land uses, are potential contaminated sites. A detailed account of the present activities and past land history in relation to possible land contamination should be provided; and
(b) A list of potential contaminants which are anticipated to be found in these potential contaminated sites should be provided and the possible remediation options should be discussed.
3.4.7 Ecological Impact (Terrestrial and Aquatic)
184.108.40.206 The Applicant shall follow the criteria and guidelines stated in Annexes 8 and 16 of the TM for evaluating and assessing the ecological impact.
220.127.116.11 The Applicant shall consider alternative alignment to prevent locating the proposed cycle track and associated facilities near the existing egretries/egret nesting colonies.
18.104.22.168 The assessment area for the purpose of terrestrial ecological assessment shall include all areas within 500 metres from the Project site boundary and the areas likely to be impacted by the Project. For aquatic ecology, the assessment area shall be the same as the water quality impact assessment area described in section 22.214.171.124.
126.96.36.199 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 section 3.2.1 above. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the Project 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 impact arising from the construction and operation of the Project and associated works.
construction works have the potential to generate noise to important area of
bird habitats including Wetland Buffer Area, Wetland Conservation Area, and Mai
Po and Inner Deep Bay Ramsar Site, migratory birds staying in these areas may
be affected by the noise produced during the construction, and possibly the
operation, of the cycle track. This
may lead to disturbance to the breeding and foraging behaviour of affected birds. These birds would be (a) those breeding at
the Mai Po Egretry; (b) using the fish ponds between
188.8.131.52 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 gaps relating to the assessment of potential ecological impacts to the aquatic and terrestrial environment;
(iii) carry out any necessary field surveys 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 the 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) habitat 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, 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 :
(a) wetlands including fish ponds, wet agricultural land and marshes;
(b) roosting, breeding and feeding sites of wetland birds;
(c) natural stream courses and man made drainage channels; and
(d) any other habitats identified as having special conservation interests by this study.
(vi) describe all recognized sites of conservation importance in the vicinity of the Project and assess whether these sites will be affected by the Project and associated works;
(vii) using suitable methodology to identify and quantify as far as possible any direct, indirect, 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) ecological impacts of potential loss of areas of conservation interest such as natural stream courses, fish ponds and other wetland habitats;
(b) disturbance to wildlife in particular waterbirds and sensitive wetland habitats in the vicinity such as fish ponds during the construction and operational phases;
(c) indirect ecological impacts due to the potential deterioration of the water quality in the stream courses, fish ponds, channels or other wetland habitats in the study area during the construction and operational phases;
(d) ecological impacts to the existing/proposed ecological mitigation areas of Kam Tin River, Ngau Tam Mei Channel, San Tin Eastern Main Drainage Channel, Sheung Yue River etc. during the construction and operational phases; and
(e) cumulative impacts due to other planned and committed development projects at or near the Project site area.
(viii) evaluate the significance and acceptability of the ecological impacts identified using well defined criteria;
(ix) 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, 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. If off-site mitigation is considered necessary, the guidelines and requirements laid down in Annex 16 of the TM should be followed;
(x) determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;
(xi) evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria; and
(xii) review the need for and recommend any ecological monitoring programme required.
3.4.8 Fisheries Impact
184.108.40.206 The Applicant shall follow the criteria and guidelines stated in Annexes 9 and 17 of the TM for evaluating and assessing fisheries impact.
220.127.116.11 The area for fisheries impact assessment shall include all areas within 500m from the Project site boundary and any areas likely to be impacted by the Project. Special attention shall be given to the potential impact on both active and abandoned fish ponds in the study area.
18.104.22.168 The assessment shall cover any potential impact on pond and culture fisheries, during construction and operation of the Project.
22.214.171.124 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.
126.96.36.199 The fisheries impact assessment shall include the following :
(i) description of the physical environmental background;
(ii) description and quantification of existing fisheries activities;
(iii) description and quantification of the existing fisheries resources (e.g. major fisheries products);
(iv) identification of parameters and areas that are important to fisheries and will be affected by the Project;
(v) identification and quantification of any direct/indirect, on-site and off-site impacts to fisheries (e.g. permanent loss and temporarily occupied areas of fish ponds; and disturbance to the pond culture activities);
(vi) evaluation of impact and making proposals for any practical alternatives or mitigation measures to prevent or minimize adverse impact on fishery activities; and
(vii) review of the need for fishery monitoring and audit programme.
3.4.9 Impact on Cultural Heritage
188.8.131.52 The Applicant shall follow the criteria and guidelines stated in Annexes 10 and 19 of the TM for evaluating and assessing the cultural heritage impact.
184.108.40.206 The cultural heritage impact assessment shall include terrestrial archaeological investigation. The Applicant shall refer to Appendix B of this EIA study brief for the Criteria for Cultural Heritage Impact Assessment.
220.127.116.11 The cultural heritage impact assessment shall include the following :
(i) The Applicant shall identify all sites of cultural heritage that might be adversely affected by construction of the Project. The EIA study shall establish a comprehensive inventory of archaeological sites, including the archaeological site located to the south of Mai Po Village SSSI, historic buildings and structures located in close proximity to the Project that might be affected. A plan of proper scale showing the location of the proposed works and all sites of cultural heritage identified is required. A check list 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. The Applicant shall engage a qualified archaeologist, who shall obtain a licence from the Antiquities Authority, before undertaking field evaluation under the provision of the Antiquities and Monuments Ordinance (Cap. 53).
(ii) The Applicant shall demonstrate that the disturbance, including access, to those sites of cultural heritage is avoided to the maximum practicable extent by modification of the alignment, layout and design of the Project. For those sites of cultural heritage that might still be directly and indirectly affected by the Project 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.
(iii) Special attention shall be paid to the historic buildings and structures in the vicinity of the Project, in particular the archaeological site located to the southt of Mai Po Village SSSI.
3.4.10 Landscape and Visual Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines stated in Annexes 10 and 18 of the TM for evaluating and assessing landscape and visual impacts of the Project, including any above ground structures and work areas associated with the Project. Landscape and visual impacts during both construction and operational stages within the study area shall be assessed.
22.214.171.124 The assessment area for landscape impact assessment shall include all area within 500m from the Project site boundary while the area for visual impact assessment shall be defined by the visual envelope of the Project. The defined visual envelope must be shown on a plan in the EIA report.
126.96.36.199 The Applicant shall review relevant Outline Zoning Plans, Development Permissions Area 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 conservation area, open space, amenity area and green belt designations. Any guidelines on landscape strategies, landscape frameworks, urban design concepts, special design areas, open space networks, landscape links 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 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 should be highlighted and appropriate follow-up action should be recommended.
188.8.131.52 The Applicant shall describe, appraise, analyse and evaluate the existing and planned landscape resources and character of the study area. A system shall be derived for judging landscape and visual impact significance as required under the TM and EIAO Guidance Note No. 8/2002 “Preparation of Landscape and Visual Impact Assessment under the Environmental Impact Assessment Ordinance”. 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 the 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 Project with the existing and planned landscape settings. The landscape impact assessment shall quantify potential landscape impacts as far as possible, so as to illustrate the significance of such impacts arising from the Project. Clear mapping of the landscape impact is required. A tree survey shall be carried out and the impacts on existing trees shall be addressed. Cumulative landscape and visual impacts of the Project with other existing, committed and planned developments in the study area shall be assessed.
184.108.40.206 The Applicant shall assess the visual impacts of the Project. Clear illustrations including mapping of visual impact is required. The assessment shall include :
(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 the ground level and elevated vantage points;
(iii) description of the visual compatibility of the Project with the surrounding and the existing and planned setting, and its obstruction and interference with the key views of the adjacent areas; and
(iv) description of the severity of visual impacts in terms of nature, distance and number of sensitive receivers.
220.127.116.11 The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establish 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 the existing landscape and visual quality. The Applicant shall recommend mitigation measures to minimize adverse effects identified above, including provision of landscape design.
18.104.22.168 Roadside trees should be retained as much as possible. As roadside trees are know to be an important habitat for urban birds, the ecological consideration should be incorporated in the landscape tree planting and maintenance plan.
22.214.171.124 The mitigation measures shall include preservation of vegetation and natural coastline, transplanting of trees, provision of screen planting, re-vegetation of disturbed land, woodland restoration, compensatory planting, provisioning / reprovisioning of amenity areas and open spaces, avoidance or 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 and sensitive receivers. Parties shall be identified and in principle agreement shall be reached with the related authorities during the EIA stage for the on going management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the operation phase of the Project. A practical programme and funding proposal for the implementation of the recommended measures shall be provided. Presentation of photomontages of the Project in the existing and planned setting illustrating the effectiveness of the proposed mitigation measures shall be included.
126.96.36.199 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 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 the existing and planned setting by computer-generated photomontage so as to demonstrate the effectiveness of the proposed mitigation measures. Computer graphics shall be compatible with Microstation DGN file format or as agreed with the Director. 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.
3.4.11 Summary of Environmental Outcomes
188.8.131.52 The EIA report shall contain a summary of 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.
3.4.12 Environmental Monitoring and Audit (EM&A) Requirements
184.108.40.206 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during the construction and operational phases of the Project and, if affirmative, to define the scope of EM&A requirements for the Project in the EIA study.
220.127.116.11 Subject to 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.
18.104.22.168 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. The Project Implementation Schedule shall include the explicit agreement reached between the Applicant and relevant parties on the responsibility for funding, implementation, management and maintenance of mitigation measures. Alternatively, the Project Implementation Schedule shall include an undertaking from the Applicant to assume the responsibility of those mitigation measures until an agreement is reached between the Applicant and relevant parties on the funding, implementation, management and maintenance of mitigation measures.
4. DURATION OF VALIDITY
4.1 The Applicant shall notify the Director of commencement of the EIA study. If the EIA study does not commence within 36 months after the date of issue of this EIA study brief, 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 numbers 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 above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 In addition, to facilitate public inspection of the EIA report via EIAO Internet Website, the Applicant shall provide electronic copies of both the EIA report and 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 executive summary shall be included in the beginning of the document. Hyperlinks to figures, drawings and tables in the EIA report and executive summary shall be provided in the main text from where respective references are made. 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 of the change 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 the Project Profile (no. PP-288/2006), 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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