Environmental Impact Assessment Ordinance (Cap. 499), Section 5 (7)

 

Environmental Impact Assessment Study Brief No. ESB-127/2005

 

Project Title :         Provision of Additional Interchange connecting Tuen Mun Road and Castle Peak Road near Sam Shing Estate and Widening of Tuen Mun Road at Tsing Tin Interchange                   

(hereinafter known as the "Project")

 

Name of Applicant :            Highways Department

                                                The Government of the Hong Kong Special Administrative

                                                Region

                                      (hereinafter known as the "Applicant")

 

 

1.         BACKGROUND

 

            1.1       An application (No. ESB-127/2005) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 13 June 2005 with a project profile (No. PP-249/2005) (the Project Profile).

 

1.2              The scope of the Project is to construct an additional interchange connecting Tuen Mun Road (TMR) and Castle Peak Road (CPR) near Sam Shing Estate and to widen the TMR at Tsing Tin Interchange from a dual 2-lane to dual 3-lane arrangement, as shown in Figures 1, 2 and 3 in Appendix A and described below :

 

(i)                  construction of 2 single-lane slip roads, one southbound and the other northbound, connecting TMR and CPR near Sam Shing Estate;

(ii)                construction of an access road in the vicinity of Tsing Sin Street to connect the local roads with the southbound slip road;

(iii)               implementation of traffic management measures such as local road widening, modification to existing traffic light signal-controlled junctions along CPR, banning of the merging arrangement from Tuen Hing Road slip road to TMR;

(iv)              construction of associated earth retaining structures, geotechnical works, landscape works, drainage works, utility works, traffic aids, traffic safety enhancement measures, environmental mitigation measures and other ancillary works including the slope stabilization works to natural and man-made slopes, which affect or be affected by the new road alignment, street lighting, fire hydrants and street furniture;

(v)                traffic control and surveillance system (TCSS) including variable message signs (VMSs) between Yuen Long and Tuen Mun and closed circuit television (CCTV) cameras at Tuen Mun Town centre, including their integration with the central control systems at Transport Department’s Traffic Control Centre at Wanchai;

(vi)              widening of the 240m long duel 2-lane section of TMR at Tsing Tin Interchange to a ll m wide dual 3-lane carriageway; and

 

 

(vii)             construction of associated earth retaining structures, slope works, geotechnical works, and works on environmental mitigation, landscape, drainage, road lightings, water mains and traffic aids.

 

1.3              The Project is a designated project under Schedule 2, A.1 of the EIAO : “A road which is an expressway, trunk road, primary distributor road or district distributor road including new roads, and major extensions or improvements to existing roads”.

 

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 that take place concurrently. This information will contribute to decisions by the Director on :

 

                        (i)         the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project;

                        (ii)        the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences wherever practicable; and

                        (iii)       the acceptability of residual impacts after the proposed mitigation measures are implemented.

 

2.         OBJECTIVES OF THE EIA STUDY

 

2.1       The objectives of the EIA study are as follows :

(i)                  to describe the Project and associated works together with the requirements for carrying out the Project;

(ii)                to identify and describe elements of community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment and the associated environmental constraints;

(iii)               to provide information on the consideration of alternatives to avoid and minimize potential environmental impacts to ecologically sensitive areas and other sensitive uses; to compare the environmental benefits and dis-benefits of each of different options; to provide reasons for selecting the preferred option(s) and to describe the part environmental factors played in the selection of preferred option(s);

(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 hazard to life impacts and to propose measures to mitigate these impacts;

(vii)             to identify and quantify any potential losses or damage to flora, fauna and natural habitats and to propose measures to mitigate these impacts;

(viii)           to identify any negative impacts on site of cultural heritage and to propose measures to mitigate these impacts;

 

 

(ix)              to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;

(x)                to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;

(xi)              to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction and operation phases of the Project in relation to the sensitive receivers and potential affected uses;

(xii)             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;

(xiii)           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

(xiv)           to design and specify environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.

 

3.         DETAILED REQUIREMENTS OF THE EIA STUDY

 

3.1       The Purpose

 

                        The purpose of this study brief is to scope the key issues of the EIA study.  The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as “the TM”) are fully complied with.

 

3.2       The Scope

 

3.2.1    The scope of this EIA study shall cover the Project 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:

 

(i)          the potential noise and air quality impacts from the construction and operation of the Project to sensitive receivers along or near the Project, taking into account the cumulative impact from the operation of existing roads in the vicinity of the Project;

(ii)        potential water quality impact from the construction and operation of the Project on the relevant water system(s), such as the Tuen Mun River Channel;

(iii)       confirmation on minimal or no potential losses or damage to flora, fauna and natural habitats and, if otherwise, the potential ecological impacts from the Project;

(iv)      waste arising as a result of the construction and operation activities of the Project; potential land contamination from land to be resumed for the Project;

(v)        potential landscape & visual impacts from construction and operation of the project;

(vi)      potential hazard to life impacts from construction and operation of the project;

3.3       Consideration of Alternatives

 

3.3.1    The Need of the Project

 

The Applicant shall study and review the need of the Project as mentioned in sub-section 1.2 above, 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.

 

3.3.2    Consideration of Different Alignment Options and Built-forms

 

In addition to the proposed alignment option mentioned in sub-section 1.2 above, the Applicant shall consider other feasible alignment options for the Project, provide justification regarding how the proposed scheme is arrived at, including the descriptions of the environmental factors considered in the option selection.  Alternative built-forms (such as tunnel along part of the proposed alignment) and design of the highway shall be reviewed and investigated.  A comparison of the environmental benefits and dis-benefits of possible alignment options and alternative built-forms and design shall be made with a view to recommending the preferred option to avoid/minimize adverse environmental effects to the maximum practicable extent.  In particular, consideration shall be given to avoid or minimize the disturbance to Sam Shing Temple, and to avoid or minimize operational potential noise and air quality impacts.

 

3.3.3    Consideration of Alternative Construction Methods and Sequences of Works

 

            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.

 

3.3.4    Selection of Preferred Scenario

 

            Taking into consideration of the findings in sub-sections 3.3.2 and 3.3.3 above, the Applicant shall recommend/justify the adoption of the preferred scenario that will avoid or minimize adverse environmental effects arising from the Project, and adequately describe the part that environmental factors played in arriving at the final selection.

 

3.4       Technical Requirements

 

            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.

 

3.4.1    Air Quality Impact

 

3.4.1.1  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.

 

 

3.4.1.2  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.  Such assessment shall be based on the best available information at the time of the assessment.  In particular, the assessment for the operation stage shall take into account the impacts of major emission sources such as Tuen Mun Road and Castle Peak Road, whereas the assessment for the construction stage shall take into account the impacts of major emission sources from other construction projects.

 

3.4.1.3     The Applicant shall assess the air pollutant concentrations in accordance with the Guidelines for Local-Scale Air Quality Assessment Using Models given in Appendices B1 to B3, or other methodology as agreed by the Director.  The Applicant shall note that the “Odour Impact” in sub-section 3.8 of Appendix B-1 is unlikely to be relevant to this Project unless there are major changes in the Project or circumstances during the course of this EIA study.

 

3.4.1.4  The air quality impact assessment shall include the following:

 

(i)     Background and Analysis of Activities

 

(a)    Provide background information relating to air quality issues relevant to the Project, e.g. description of the types of activities of the Project that may affect air quality during both construction and operation stages.

(b)    Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of the Project to abate the air pollution impact. That is, the Applicant shall consider alternative construction methods / phasing programmes and alternative modes of operation to minimize the constructional and operational air quality impact respectively.

(c)    Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional and operational air quality impacts.

 

(ii)    Identification of Air Sensitive Receivers (ASRs) and Examination of Emission/Dispersion Characteristics

 

(a)    Identify and describe representative existing and planned/committed ASRs, including JC Place, Rainbow Garden, Chi Lok Fa Yuen, Kam Fai Garden,  Harvest Garden, Kam On Building, Lok Hing Mansion, Palm Cove, Affluence Garden, Tuen Mun Government Secondary School, HKTA Yuen Yuen Primary School, Lakeshore Building, the Church of Christ in China Tam Lee Lai Fun Memorial Secondary School and Fung Tei Garden, etc., that are likely affected by the Project, including those earmarked on relevant Outline Zoning Plan(s), Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans.  The Applicant shall select the assessment points of identified ASRs that represent the worst impact point of these ASRs.  A map showing the location and description such as name of building, use and height of selected assessment points shall be given.  Separation distances of these ASRs from nearest emission sources shall also be given.

(b)   Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact related to the Project based on the analysis of the constructional and operational activities in sub-section 3.4.1.4(i) above.  Examples of construction stage emission sources include stock piling, blasting, concrete batching, marine construction plant and vehicular movements on unpaved haul roads on site, etc.  Examples of operational stage emission sources include exhaust emissions from vehicles, vent shafts, etc.  Confirmation regarding the validity of assumptions and the magnitude of activities (e.g. volume of construction material handled, traffic mix and volume on a road etc.) shall be obtained from the relevant government departments/authorities and documented.

 

(iii)    Construction Phase Air Quality Impact

 

(a)    The Applicant shall follow requirements stipulated under Air Pollution Control (Construction Dust) Regulation to ensure construction dust impacts are controlled within relevant standards stipulated in section 1 of Annex 4 of the TM.  A construction phase monitoring and audit programme shall be devised to verify effectiveness of control measures to ensure proper construction dust control.

(b)    If the Applicant anticipates that the Project will give rise to significant construction dust impacts likely to exceed the recommended limits in the TM at the ASRs despite the incorporation of dust control measures proposed in accordance with sub-section 3.4.1.4(iii)(a) above, a quantitative assessment shall be carried out to evaluate the construction dust impact at identified ASRs.  The Applicant shall follow the methodology set out in sub-section 3.4.1.4(v) below when carrying out the quantitative assessment.

 

(iv)   Operational Phase Air Quality Impact

 

(a)         The Applicant shall calculate the expected air pollutant concentrations at the identified ASRs based on an assumed reasonably worst-case scenario.  The evaluation shall be based on the strength of the emission sources identified in sub-section 3.4.1.4(ii)(b) above.  The Applicant shall follow sub-section 3.4.1.4(v) below when carrying out the quantitative assessment.

(b)        The air pollution impacts of future road traffic shall be calculated based on the highest emission strength from the road within the next 15 years upon commencement of operation of the proposed road.  The Applicant shall demonstrate that the selected year of assessment represents the highest emission scenario given the combination of vehicular emission factors and traffic flow for the selected year.  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.

(c)        If full enclosures are proposed in the Project, it is the responsibility of the Applicant to ensure that the air quality inside these proposed structures shall comply with EPD's “Practice Note on Control of Air Pollution in Vehicle Tunnels”.  When assessing air quality impact due to emissions from full enclosures, the Applicant shall ensure prior agreement with the relevant ventilation design engineer over the amount and the types/kinds of pollutants emitted from these full enclosures; and such assumptions 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 3.4.1.3 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 EIA report to grasp how the model has been set up to simulate the situation at hand without referring to the model input files.  Detailed calculation of the pollutant emission rates for input to the model and a map showing all the road links shall be presented in the EIA report.  The Applicant shall ensure consistency between the text description and the model files at every stage of submissions for review.  In case of doubt, prior agreement between the Applicant and the Director on specific modelling details shall be sought.

 

(b)    The Applicant shall identify the key/representative air pollutant parameters (types of pollutants and the averaging time concentrations) to be evaluated and provide explanation for choosing such parameters for assessing the impact of the Project.  Ozone Limiting Method (OLM) shall be used to estimate the conversion ratio of NOx to NO2 if NO2 has been identified as a key/representative air pollutant.

 

(c)    The Applicant shall calculate the cumulative air quality impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM.  The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, to be evaluated against the relevant air quality standards and on any effect they may have on the land use implications.  Plans of a suitable scale shall be used to present pollution contour to allow buffer distance requirements to be determined properly.

 

(d)        If there are any direct technical noise remedies recommended in the study, the air quality implication due to these technical remedies shall be assessed.  For instance, if barriers that may affect dispersion of air pollutants are proposed, then the implications of such remedies on air quality impact shall be assessed.  If noise enclosure is proposed, then portal emissions of the enclosed road section and air quality inside the enclosed road section shall also be addressed.  The Applicant shall highlight clearly the locations and types of agreed noise mitigating measures (where applicable), be they noise barriers, road enclosures and their portals, and affected ASR's, on contour maps for easy reference.

 

(vi)   Mitigation Measures for Non-compliance

 

The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set in section 1 of Annex 4 in the TM.  These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented in the EIA report.  The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.

 

(vii)  Submission of Model Files

 

All input and output file(s) of the model run(s) shall be submitted to the Director in electronic format.

 

3.4.2    Noise Impact

 

            3.4.2.1             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.

 

3.4.2.2 The noise impact assessment shall include the following :

 

            (i)         Determination of Assessment Area

 

The study area for the noise impact assessment shall generally include all areas within 300m from the Project shown in Appendix A or other Project alignments as identified in the EIA.  Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer Project limit, provides acoustic shielding to those receivers at  distances further away from the Project.  Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at distances over 300m from the Project, which are affected by the construction and operation of the Project.

 

            (ii)        Provision of Background Information and Existing Noise Levels

 

  The Applicant shall provide all background information relevant to the Project, e.g. relevant previous or current studies.  Unless 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 all existing NSRs and all planned/committed noise sensitive developments and uses, including JC Place, Rainbow Garden, Chi Lok Fa Yuen, Kam Fai Garden,  Harvest Garden, Kam On Building, Lok Hing Mansion, Palm Cove, Affluence Garden, Tuen Mun Government Secondary School, HKTA Yuen Yuen Primary School, Lakeshore Building, the Church of Christ in China Tam Lee Lai Fun Memorial Secondary School and Fung Tei Garden, etc.,  earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans.  Photographs of all existing NSRs shall be appended to the EIA report.

(b)   The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below.  The assessment points shall be agreed with the Director prior to the quantitative noise assessment.  A map showing the location and description such as name of building, use, and floor of each and every selected assessment point shall be given.  For planned noise sensitive land uses without committed site layouts, the Applicant shall use the relevant planning parameters to work out representative site layouts for operational noise assessment purpose.

 

            (iv)       Provision of an Emission Inventory of the Noise Sources

 

                                    The Applicant shall provide an inventory of noise sources including representative construction equipment for construction noise assessment, and traffic flow/ fixed plant equipment (e.g. ventilation systems of traffic noise enclosures), as appropriate, for operational 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 assessment of noise impact from construction (excluding percussive piling) of the Project during daytime, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology 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.

(c)                To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.  In case blasting works is involved, it shall be carried out, as far as practicable, outside the sensitive hours of 7 p.m. to 7 a.m. on Monday to Saturday and any time on a general holiday, including Sunday.  For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact from the removal of debris and rocks shall be fully assessed and adequate mitigation measures shall be recommended to reduce the noise impact.

            (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.

(d)               The Applicant shall, as far as practicable, formulate a reasonable construction programme so that no work will be required in restricted hours as defined under the Noise Control Ordinance (NCO).  In case the Applicant needs to evaluate whether construction works in restricted hours as defined under the NCO are feasible or not in the context of programming construction works, reference shall be made to relevant technical memoranda issued under the NCO.  Regardless of the results of construction noise impact assessment for 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 shall be explicitly stated in the noise chapter and the conclusions and recommendations chapter in EIA report.

 

            (vi)       Operational Noise Assessment

 

(a)        Road Traffic Noise

 

                        (a1)      Calculation of Noise Levels

 

The Applicant shall analyse the scope of the proposed road alignment(s) to identify road sections within the meaning of Item A.1 of Schedule 2 of EIAO and other road sections for the purpose of traffic noise impact assessment. Figures showing extents of road sections within the meaning of Item A.1 of Schedule 2 of EIAO and other road sections shall be provided in the EIA report. In determining whether the traffic noise impact due to a road improvement project / work is considered significant, detailed information with respect to factors including change of nature of road, change of alignment and change of traffic capacity or traffic composition etc. shall be assessed.  The traffic noise impact shall be considered significant if the traffic noise level with the road project is greater than that without the road project at the design year by 1 dB(A) or more.   

 

The Applicant shall calculate expected road traffic noise using methods described in the U.K. Department of Transport's “Calculation of Road Traffic Noise” (1988).  Calculations of future road traffic noise shall be based on peak hour traffic flow in respect of maximum traffic projection within a 15 years period upon commencement of operation of the Project. The Applicant shall calculate traffic noise levels in respect of each road section and the overall noise levels from combined road sections ( road sections within the meaning of Item A.1 of Schedule 2 of EIAO and other road sections ) at NSRs.

 

The EIA report shall contain sample calculations and input parameters for 10 assessment points as requested by the Director.  Also, the Applicant shall provide the input data set of the traffic noise model in the format of electronic files in the EIA.  The Applicant shall prepare and provide drawings (i.e., road-plots of the traffic noise model) of appropriate scale to show the road segments, topographic barriers, and assessment points of sensitive receivers input into the traffic noise model.

 

The Applicant shall provide input data sets of traffic noise prediction model adopted in the EIA study as requested by the Director for the following scenarios:

(1)       unmitigated scenario at assessment year;

(2)       mitigated scenario at assessment year; and

(3)       prevailing scenario for indirect technical remedies eligibility assessment;

 

The data shall be in electronic text file (ASCII format) containing road segments, barriers and noise sensitive receivers information.  The data structure of the above file shall be agreed with the Director.  CD-ROM(s) containing the above data shall be attached in the EIA report.

 

(a2)      Presentation of Noise Levels

 

The Consultants shall present the existing and future noise levels in L10 (1 hour) at the NSRs at various representative floor levels in (m P.D.) on tables and plans of suitable scale.

 

A quantitative assessment at the NSRs for road sections within the meaning of Item A.1 of Schedule 2 of EIAO shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.  The potential noise impact of road sections within the meaning of Item A.1 of Schedule 2 of EIAO shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive elements that will be exposed to noise levels exceeding the criteria set in Table 1A of Annex 5 in the TM.

 

(a3)      Proposals for Noise Mitigation Measures

 

After rounding off the predicted noise levels according to U.K. Department of Transport's “Calculation of Road Traffic Noise” (1988), the Applicant shall propose in accordance with Section 6 in Annex 13 of the TM direct technical remedies in all situations where predicted traffic noise level exceeds the criteria in Table 1A of Annex 5 in the TM by 1 dB(A) or more,  and, under section 4.4.3 of the TM, noise from the road sections within the meaning of Item A.1 of Schedule 2 of EIAO has significant contribution to the cumulative environmental impacts when considered in conjunction with the existing or potential impacts from other projects. Specific reasons for not adopting certain direct technical remedies in the design to reduce the traffic noise to a level meeting the criteria in the TM or to maximize the protection for NSRs as far as possible shall be clearly quantified and laid down.  Total number of dwellings, classrooms and other noise sensitive element that will benefit from and be protected by provision of direct technical remedies shall be provided.  In order to clearly present the extents/locations of recommended noise mitigation measures, plans prepared from 1:1000 or 1:2000 survey maps showing the mitigation measures (e.g., enclosures/barriers, low noise road surfacing, etc.) shall be included in the EIA report.

 

The total number of dwellings, classrooms and other noise sensitive elements that will still be exposed to noise levels above the criteria with the implementation of all recommended direct technical remedies shall be quantified.  The Applicant shall provide in the EIA report information of recommended noise mitigation measures (such as barrier types, nominal dimensions at different cross-sections, extents/locations, lengths, mPD levels of barriers) in electronic format as agreed by the Director.

 

In case where a number of NSRs cannot be protected by the recommended direct technical remedies, the Applicant shall identify and estimate the total number of existing dwellings, classrooms and other noise sensitive elements which may qualify for indirect technical remedies under the Executive Council Directive “Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads”, the associated costs and any implications for such implementation.  For the purpose of determining eligibility of the affected premises for indirect technical remedies, reference shall be made to the following set of three criteria :

 

                                    (1)        the predicted overall noise level at the NSR from the road sections within the meaning of Item A.1 of Schedule 2 of EIAO together with other traffic noise in the vicinity must be above a specified noise level ( e.g. 70 dB(A) for domestic premises and 65 dB(A) for education institutions, all in L10(1hr) );

(2)               the predicted overall noise level at the NSR is at least 1.0 dB(A) more than the prevailing traffic noise level, i.e. the total traffic noise level existing before the works to construct the road were commenced; and

(3)               the contribution from the road sections within the meaning of Item A.1 of Schedule 2 of EIAO to the increase in predicted overall noise level at the NSR must be at least 1.0dB(A).

 

                        (b)        Fixed Noise Sources

 

                                     If the Project will cause any fixed noise sources, such as the ventilation systems of enclosed road sections, if any, the following assessment shall be followed.

 

                        (b1)      Assessment of Fixed Source Noise Levels

 

The Applicant shall calculate the expected noise using standard acoustics principles.  Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst-case scenario.  The Applicant shall calculate noise levels taking into account correction of tonality, impulsiveness and intermittency in accordance with Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites issued under the NCO.

 

(b2)      Presentation of Noise Levels

 

The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.  A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

 

(b3)      Proposals for Noise Mitigation Measures

 

The Applicant shall propose direct technical remedies within the Project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

 

            (vii)      Assessment of Side Effects and Constraints

 

                                    The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.

            (viii)      Evaluation of Constraints on Planned Noise Sensitive Developments/Land uses

 

                                    For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicability of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.

 

                                    The Applicant shall take into account agreed environmental requirements / constraints identified by the EIA study to assess the development potential of concerned sites which shall be made known to the relevant parties.

 

3.4.3    Water Quality Impact

 

3.4.3.1     The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM respectively.

 

3.4.3.2     The Study Area shall include all areas within 500m from the Project boundary, and up to 500m along the Tuen Mun River Channel from the boundary of the Project.

 

3.4.3.3     All physical, chemical and biological disruptions of Tuen Mun River Channel and fresh/storm water or ground water system(s) within the study area arising during the construction and operation of the Project shall be identified.

 

Tuen Mun River Channel

 

3.4.3.4     The water quality impact assessment shall address the followings:

 

General

 

(i)                  Collection and review of background information on the existing water system(s) including Tuen Mun River Channel.

(ii)                Characterization of water quality based on existing information or site surveys/tests as appropriate.

(iii)               Identification and analysis of all existing and planned future activities and beneficial uses related to Tuen Mun River Channel and identification of all water sensitive receivers.

(iv)              Identification of pertinent water quality objectives and establishment of other appropriate water quality criteria or standards for Tuen Mun River Channel and all the sensitive receivers.

(v)                Review the specific construction methods and configurations, and operation of the Project.  Identification of any alteration of watercourses.

(vi)              Identification, analysis and quantification of all existing and likely future water pollution sources, including point discharges and non-point sources to surface water runoff. Field investigation and laboratory tests shall be conducted as appropriate. Establishment and provision of an emission inventory on the quantities and characteristics of all these pollution sources.

 

Impact Prediction

 

 

(vii)             Prediction and quantification by mathematical modelling or other technique approved by the Director, of the impacts on the water system(s) and the sensitive receivers due to those alterations and changes identified in (v) and the pollution sources identified in (vi).

(viii)           Cumulative impacts due to other projects, activities or pollution sources within a boundary around the Study Area to be agreed by the Director shall also be predicted and quantified.

 

Waste Water and Non-point Sources Pollution

 

(ix)              Analysis on the provision and adequacy of existing and planned future facilities to reduce pollution arising from the non-point sources identified in (vi).

(x)                Proposal of effective and practicable infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during the construction, operation stages so as reduce the water quality impacts to within acceptable levels of standards.  Requirements to be incorporated in the Project contract document shall also be proposed.

(xi)              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 ProPECC Note 1/94.

(xii)             Evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water quality criteria, standards or guidelines.

 

3.4.4  Waste Management Implications

 

3.4.4.1  The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM respectively.

 

3.4.4.2 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.

 

            (ii)        Proposal for Waste Management

 

(a)               Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be fully evaluated.  Measures which can be taken in the planning and design stages e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered.

(b)              After considering all the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste shall be described in detail. Pre-treatment processes for slurry before disposal shall be addressed in details.  The disposal method recommended for each type of waste shall take into account of the result of the assessment in (c) below.

(c)               The impact caused by handling (including labelling, packaging & 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 :

                                    -           potential hazard;

                                    -           air and odour emissions;

                                    -           noise;

                                    -           wastewater discharge; and

                                    -           public transport.

 

            (iii)       Land Contamination

 

(a)              The Applicant shall identify all land lots/sites within the Project boundary which, due to their past or present land uses, are potentially contaminated sites.  A detailed account of the present activities and past land use history in relation to possible land contamination shall be provided.

(b)             The list of potential contaminants which are anticipated to be found in these potentially contaminated sites shall be provided and the possible remediation options shall be discussed.

 

3.4.5    Hazard To Life

 

3.4.5.1 A hazard assessment shall be carried out following the criteria for evaluating hazard to life as stated in Annexes 4 and 22 of the TM (Hong Kong Risk Guidelines).  The assessment shall evaluate hazardous scenarios from Tuen Mun Water Treatment Works (TMWTW) to both the construction and operation stages of the Project.  The hazard assessment shall include the following

 

(i)                    Identification of all credible hazardous scenarios associated with the chlorine storage and on-site transport in the Tuen Mun Water Treatment Works;

(ii)                Execution of a Quantitative Risk Assessment (QRA) expressing population risks in both individual and societal terms;

(iii)                 Comparison of individual and societal risks with Hong Kong Risk Guidelines (Annex 4 of TM); and

(iv)                 Identification and assessment of practicable and cost-effective risk mitigation measures.

 

3.4.5.2 The methodology of hazard assessment shall be agreed and approved by the Director taking into account previous EIAO hazard assessments such as Route 8 (formerly Route 16).

 

3.4.6    Ecological Impact

 

3.4.6.1  The Applicant shall provide a general description of the terrestrial and aquatic ecological environment around the Project, and summarize any potential ecological impact expected based on the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively.

 

 

3.4.6.2  The study area for the terrestrial ecological environment shall include all areas within 500 m from the site boundary of the land based works areas or the area likely to be impacted by the Project.  For aquatic ecology environment, the study area shall be the same as the water quality impact assessment or the area likely to be impacted by the Project, such as Tuen Mun River Channel.

 

3.4.6.3  If significant ecological impact is identified, the Applicant shall approach the Director for detailed requirements for the assessment of ecological impact.

 

3.4.7    Landscape and Visual Impact

 

3.4.7.1  The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM for evaluating and assessing landscape and visual impacts of any above ground structures and work areas associated with the Project.  Landscape and visual impacts during both construction and operation stages within the study area shall be assessed.

 

3.4.7.2    Study areas for landscape impact assessment shall include all areas within 100m from the Project. Study 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.

 

3.4.7.3  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 country park, coastal protection area, conservation area, open space, amenity area and green belt designations.  Any guidelines on landscape strategies, landscape frameworks, urban design concepts, building height profiles, special design areas, landmarks, designated view corridors, open space networks, landscape links that may affect the appreciation of the 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 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.

 

3.4.7.4  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 EIAO”. Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape character areas and landscape resources and mapping of impact assessment shall be extensively used to present the findings of impact assessment.  Descriptive text shall provide a concise and reasoned judgment from a landscape and visual point of view.  The assessment shall be particularly focused on the sensitivity of the landscape framework and its ability to accommodate change.  The Applicant shall identify the degree of compatibility of the 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 mature trees shall be addressed.  Cumulative landscape and visual impacts of the Project with other existing, committed and planned developments, including JC Place, Rainbow Garden, Chi Lok Fa Yuen, Kam Fai Garden, Harvest Garden, Kam On Building, Lok Hing Mansion, Palm Cove, Affluence Garden, Tuen Mun Government Secondary School, HKTA Yuen Yuen Primary School, Lakeshore Building, the Church of Christ in China Tam Lee Lai Fun Memorial Secondary School and Fung Tei Garden, etc., in the study area, shall be assessed.

 

3.4.7.5    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 both 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

 

3.4.7.6    The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area.  In addition, alternative alignment, design and construction methods that 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 adverse effects identified above, including provision of a landscape design.

 

3.4.7.7    The mitigation measures shall include preservation of vegetation and natural coastline, transplanting of mature trees, provision of screen planting, re-vegetation of disturbed land, woodland restoration, compensatory planting, provisioning / reprovisioning of amenity areas and open spaces, 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 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.

 

3.4.7.8    Annotated illustration materials such as coloured perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to fully illustrate the landscape and visual impacts of the Project.  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 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.

 

 

 

3.4.8       Impact on Cultural Heritage

 

3.4.8.1    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.

 

3.4.8.2    The cultural heritage impact assessment shall include a built heritage investigation.  The Applicant shall refer to Appendix C for the detailed requirements.

 

(i)                  The Applicant shall identify all sites of historic buildings and structures based on the result of desktop research and field evaluation, and establish a comprehensive inventory of these sites that might have the potential to be affected by the Project.  Historic buildings and structures include a variety of forms with a wide range of different functions like domestic, working and cultural uses, places of worship, houses, agricultural buildings, boundary stones and walls, workshops etc.  Special attention shall be paid to the existing Sam Shing Temple near Sam Shing Estate. The investigation shall be undertaken by an expert in cultural heritage.

(ii)                In the event that the investigations as stated in sub-section 3.4.8.2 (i) above prove to be inadequate, the Applicant shall undertake supplementary studies as agreed by the Director.  The Applicant can make necessary reference to Appendix C on the “Criteria for Culture Heritage Impact Assessment”.

 

3.4.8.3    The Applicant shall demonstrate that the disturbance, including access, to those sites of cultural heritage are avoided to the maximum practicable extent by modification of the alignment, layout and design of the Project.  If those sites of cultural heritage are still be directly and/or indirectly affected by the Project, the Applicant shall fully justify that there is a need for the Project which is of paramount importance and which outweighs in-situ preservation of the sites of cultural heritage.  Then the Applicant shall recommend practicable mitigation measures to keep the adverse impacts on the sites of cultural heritage to the minimum.  A checklist including all the affected sites of cultural heritage, impacts identified, recommended mitigation measures as well as the implementation agent and period shall also be included in the EIA report.

 

3.4.9    Summary of Environmental Outcomes

 

            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.

 

3.4.10  Environmental Monitoring and Audit (EM&A) Requirements

 

3.4.10.1  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 EM&A requirements for the Project in the EIA study.

 

3.4.10.2  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.

 

3.4.10.3  The Applicant shall prepare a Project Implementation Schedule (in the form of a checklist as shown in Appendix D to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.  The 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 all 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 the commencement of the EIA study.  If the EIA study does not commence within 36 months after the date of issue of the 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 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 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 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 all figures, drawings and tables in the EIA report and executive summary shall be provided in the main text from where 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 sub-section 1.2 of this EIA study brief and in Project Profile (No. PP-249/2005), 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.

 

--- END OF EIA STUDY BRIEF ---

July 2005

Environmental Assessment and Noise Division,

Environmental Protection Department