Common use of Mitigation Measures Clause in Contracts

Mitigation Measures. 5.9.1 The EIA Report has recommended dust control measures including 8 times of watering per day. During the operation of the barging facilities, good site practices such as road surface paving, dust enclosures, wheels wash facilities would be implemented to reduce the generation of dust. 5.9.2 All the proposed mitigation measures are summarised in the Environmental Mitigation Measures Implementation Schedule (EMIS) in Appendix B. 5.9.3 The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels. 5.9.4 Mitigation measures for southern landfall of the Tuen Mun - Chek Lap Kok Link (TMCLKL) 5.9.4.1 The EIA report has recommended dust control and mitigation measures. The Contractor shall be responsible for the design and implementation of the following measures. The recommended construction dust mitigation measures are summarised in the Air Quality Environmental Mitigation Implementation Schedule provided in Appendix B. (i) all unpaved roads/exposed area shall be watered which results in dust suppression by forming moist cohesive films among the discrete grains of road surface material. An effective watering programme of twice daily watering with complete coverage, is estimated to reduce by 50%. This is recommended for all areas in order to reduce dust levels to a minimum; (ii) watering of the construction area 8 times per day is recommended to reduce dust emissions by 87.5% and shall be undertaken; (iii) The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the Site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels; (iv) The Contractor shall not burn debris or other materials on the works areas; (v) in hot, dry or windy weather, the watering programme shall maintain all exposed road surfaces and dust sources wet; (vi) where breaking of oversize rock/concrete is required, watering shall be implemented to control dust. Water spray shall be used during the handling of fill material at the site and at active cuts, excavation and fill sites where dust is likely to be created; (vii) open dropping heights for excavated materials shall be controlled to a maximum height of 2m to minimise the fugitive dust arising from unloading; (viii) during transportation by truck, materials shall not be loaded to a level higher than the side and tail boards, and shall be dampened or covered before transport. Materials having the potential to create dust shall not be loaded to a level higher than the side and tail boards, and shall be covered by a clean tarpaulin. The tarpaulin shall be properly secured and shall extend at least 300mm over the edges of the side and tail boards; (ix) no earth, mud, debris, dust and the like shall be deposited on public roads. Wheel washing facility shall be usable prior to any earthworks excavation activity on the site; (x) areas of exposed soil shall be minimised to areas in which works have been completed shall be restored as soon as is practicable; and (xi) all stockpiles of aggregate or spoil shall be enclosed or covered and water applied in dry or windy condition. 5.9.4.2 If the above measures are not sufficient to restore the air quality to acceptable levels upon the advice of the ET, the Contractor shall liaise with the ET regarding other mitigation measures and consult the IEC for their effectiveness, and then propose these measures to the ER for approval prior to the implementation of the measures.

Mitigation Measures. 5.9.1 9.11.1 The EIA Report has assessed the water quality impacts caused by the construction stages and recommended dust control mitigation measures including 8 times to ensure compliance with the relevant legislative requirements. In addition, the EP also recommended several mitigation measures on reclamation works of watering per the Project. 9.11.2 The mitigation measures on reclamation works are summarised below:  Floating type perimeter silt curtains shall be installed around the HKBCF site before the commencement of marine works. Staggered layers of silt curtain shall be provided to prevent sediment loss at navigation accesses. The length of each staggered layers shall be at least 200m. Appendix A shows the layout plan of perimeter silt curtains during construction works;  Single layer silt curtain to be applied around the North-east airport water intake;  The silt-curtains should be maintained in good condition to ensure the sediment plume generated from filling be confined effectively within the site boundary;  The filling works shall be scheduled to spread the works evenly over a working day;  Reclamation filling for the Project shall not proceed until at least 200m of leading seawall at the reclamation area formed above +2.2mPD, except for the sand blanket filling, unless otherwise agreement was obtained from EPD, except for the 300m gaps for marine access. The maximum daily filling rate of sand blanket shall be 24,000 m3. During the operation of the barging facilitiessand blanket placement, good site practices such as road surface paving, dust enclosures, wheels wash facilities would be implemented to reduce the generation of dust. 5.9.2 All the proposed mitigation measures are summarised in the Environmental Mitigation Measures Implementation Schedule (EMIS) in Appendix B. 5.9.3 The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels. 5.9.4 Mitigation measures for southern landfall of the Tuen Mun - Chek Lap Kok Link (TMCLKL) 5.9.4.1 The EIA report has recommended dust control and mitigation measures. The Contractor cage type double layer silt curtain shall be responsible for deployed around the design and implementation of the following measuresfilling points. The recommended construction dust mitigation measures are summarised in the Air Quality Environmental Mitigation Implementation Schedule provided in Appendix B. (i) all unpaved roads/exposed area All underwater filling works shall be watered which results in dust suppression by forming moist cohesive films among carried out behind seawalls to avoid dispersion of suspended solids outside the discrete grains of road surface material. An effective watering programme of twice daily watering with complete coverage, is estimated to reduce by 50%. This is recommended for all areas in order to reduce dust levels to a minimum; (ii) watering of the construction area 8 times per day is recommended to reduce dust emissions by 87.5% and shall be undertaken; (iii) The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the Site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels; (iv) The Contractor shall not burn debris or other materials on the works areas; (v) in hot, dry or windy weather, the watering programme shall maintain all exposed road surfaces and dust sources wet; (vi) where breaking of oversize rock/concrete is required, watering shall be implemented to control dust. Water spray Project limit;  Cellular structure shall be used for seawall construction;  A layer of geotextile shall be placed on top of the seabed before any filling activities take place inside the cellular structures to form the seawall;  The conveyor belts shall be fitted with windboards and conveyor release points shall be covered with curtain to prevent any spillage of filling materials onto the surrounding waters;  Except for the filling of the cellular structures, not more than 15% public fill shall be used for reclamation filling below +2.5mPD during construction of the seawall;  After the seawall is completed except for the 300m marine access as indicated in Appendix A, not more than 30% public fill shall be used for reclamation filling below +2.5mPD, unless otherwise agreement from EPD was obtained;  Upon completion of 200m leading seawall, no more than a total of 60 filling barge trips per day shall be made with a cumulative maximum daily filling rate of 60,000 m3 for HKBCF and TMCLKL southern landfall reclamation during the handling filling operation; and  Upon completion of fill material at the site and at active cutswhole section of seawall except for the 300m marine access as indicated in Appendix A, excavation and fill sites where dust is likely to be created; (vii) open dropping heights for excavated materials no more than a total of 190 filling barge trips per day shall be controlled made with a cumulative maximum daily filling rate of 190,000 m3 for the remaining filling operations for HKBCF and TMCLKL southern landfall reclamation. 9.11.3 Any proposed changes in the construction sequences and/or arrangements shall be proposed before implementation of such changes. The proposed changes shall be certified by the ETL and verified by the IEC as conforming to a the information and requirements contained in the EIA Report. 9.11.4 To ensure that the cumulative maximum height of 2m to minimise filling rate assumed in the fugitive dust arising from unloading; (viii) during transportation by truck, materials EIA report shall not be loaded to a level higher than the side and tail boardsexceeded, and shall be dampened or covered before transport. Materials having the potential to create dust shall not be loaded to a level higher than the side and tail boards, and shall be covered by a clean tarpaulin. The tarpaulin shall be properly secured and shall extend at least 300mm over the edges of the side and tail boards; (ix) no earth, mud, debris, dust and the like shall be deposited on public roads. Wheel washing facility shall be usable prior to any earthworks excavation activity on the site; (x) areas of exposed soil shall be minimised to areas in which works have been completed shall be restored as soon as is practicable; and (xi) all stockpiles of aggregate or spoil shall be enclosed or covered and water applied in dry or windy condition. 5.9.4.2 If the above measures are not sufficient to restore the air quality to acceptable levels upon the advice of the ET, the Contractor shall liaise with the ET regarding other mitigation measures and consult the IEC for their effectiveness, and then propose these measures to the ER for approval one week prior to the implementation end of each calendar month, the measuresPermit Holder shall submit the anticipated daily filling rate for the coming month to the ENPO for approval. The actual maximum daily filling rate shall not exceed the approved filling rate by ENPO. The actual maximum daily filling rate shall not exceed the approved filling rate by ENPO.

Mitigation Measures. 5.9.1 The EIA Report has recommended dust control Corps shall ensure that the following negotiated measures including 8 times of watering per day. During are carried out to mitigate the operation adverse effects on the ▇▇▇▇▇▇▇ Gardens portion of the barging facilities▇▇▇▇▇▇ University Historic District and the Indianapolis Central Canal: A. A multi-use pedestrian trail along W. Westfield Boulevard between ▇▇▇▇▇▇ University’s ▇▇▇▇▇▇▇ Gardens and the pedestrian bridge just southwest of the ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ will be integrated as part of the project to mitigate the adverse effects of the floodwall and maintain connectivity between ▇▇▇▇▇▇▇ Gardens, good site practices such as road surface paving, dust enclosures, wheels wash facilities would be implemented to reduce the generation Indianapolis Central Canal and the surrounding communities. The design for the trail will avoid existing trees and grading of dustthe nearby Indianapolis Central Canal. 5.9.2 All B. To minimize the proposed mitigation measures are summarised in visual impact of the Environmental Mitigation Measures Implementation Schedule (EMIS) in Appendix B. 5.9.3 The Contractor shallhighest section of the I-wall, the northern 700 feet of the floodwall adjacent to the satisfaction canal gate structure will be replaced with either a shorter I-wall, ranging in height from 2 to 4 feet tall, with temporary panels to be installed during flood events, or a passive floodwall system which will be stowed underground within the footprint of the Engineerwall alignment and deployed only during flood conditions, install effective dust suppression measures and take such other measures as may The selection between these two options will be necessary to ensure that at on based the site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels. 5.9.4 Mitigation measures for southern landfall of lowest cost estimate submitted through contract bids gathered by the Tuen Mun - Chek Lap Kok Link (TMCLKL) 5.9.4.1 The EIA report has recommended dust control and mitigation measuresCorps. The Contractor shall public will be responsible for the design and implementation of the following measures. The recommended construction dust mitigation measures are summarised in the Air Quality Environmental Mitigation Implementation Schedule provided in Appendix B. (i) all unpaved roads/exposed area shall be watered which results in dust suppression by forming moist cohesive films among the discrete grains of road surface material. An effective watering programme of twice daily watering with complete coverage, is estimated to reduce by 50%. This is recommended for all areas in order to reduce dust levels to a minimum; (ii) watering of the construction area 8 times per day is recommended to reduce dust emissions by 87.5% and shall be undertaken; (iii) The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the Site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels; (iv) The Contractor shall not burn debris or other materials notified on the works areas; (v) in hotoutcome of these contract bids through an announcement on its public website, dry or windy weather▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇▇▇.▇▇▇/Missions/Civil-Works/Project-Planning/Indianapolis- North, the watering programme shall maintain all exposed road surfaces and dust sources wet; (vi) where breaking of oversize rock/concrete is required, watering shall be implemented to control dust. Water spray shall be used during the handling of fill material at the site and at active cuts, excavation and fill sites where dust is likely to be created; (vii) open dropping heights for excavated materials shall be controlled to a maximum height of 2m to minimise the fugitive dust arising from unloading; (viii) during transportation by truck, materials shall not be loaded to a level higher than the side and tail boards, and shall be dampened or covered before transport. Materials having the potential to create dust shall not be loaded to a level higher than the side and tail boards, and shall be covered by a clean tarpaulin. The tarpaulin shall be properly secured and shall extend at least 300mm over the edges of the side and tail boards; (ix) no earth, mud, debris, dust and the like shall be deposited on public roads. Wheel washing facility shall be usable prior to any earthworks excavation activity on the site; (x) areas of exposed soil shall be minimised to areas in which works have been completed shall be restored as soon as is practicable; and (xi) all stockpiles of aggregate or spoil shall be enclosed or covered and water applied in dry or windy conditionit becomes available. 5.9.4.2 If C. The wall alignment, in coordination with ▇▇▇▇▇▇ University, the above measures are not sufficient City of Indianapolis, and Citizens Energy Group, will be designed in such a way that avoids and minimizes the destruction of mature trees across its length, particularly as it relates to restore the air quality Indianapolis Central Canal and ▇▇▇▇▇▇▇ Gardens. D. The I-wall will display a pattern and color scheme appropriate to acceptable levels upon the advice surrounding natural environment and that limits its visual impact. The Corps will provide copies of the ETpreliminary patterned wall design documents to all consulting parties for comment within three months of the execution of this MOA. Review and approval of the final patterned wall design will be accomplished through consultation between the Corps and the IN- SHPO within six months of the execution of this MOA. The public will be notified on the decision through an announcement on its public website, ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇▇▇.▇▇▇/Missions/Civil-Works/Project-Planning/Indianapolis- North. E. Pedestrian openings, in coordination with ▇▇▇▇▇▇ University, the Contractor shall liaise City of Indianapolis, and Citizens Energy Group will be created by the Corps at various locations along the length of the wall to promote accessibility. F. The Corps will plant native grasses within 16 feet of each side of the floodwall and other vegetation (bushes, trees) outside of the 32 foot zone of the floodwall. Review and approval of the vegetation plan will be accomplished through consultation between the Corps and the IN-SHPO within six months of the execution of this MOA. The public will be notified on the decision through an announcement on its public website, ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇▇▇.▇▇▇/Missions/Civil-Works/Project-Planning/Indianapolis- North. G. The Corps will realign and connect the portion of the canal towpath affected by the gate structure. H. The ground disturbance created by the construction of the gate structure and canal tow path will be archaeologically monitored and documented by an archaeologist who meets the Secretary of Interior’s Professional Qualification Standards (36 CFR Part 61) with a plan approved by the Corps and IN SHPO. I. The Corps will produce a book on the Indianapolis Central Canal and ▇▇▇▇▇▇▇ Gardens. The book will be produced by a historian who meets the Secretary of Interior’s Professional Qualification Standards (36 CFR Part 61). Prior to publication the Corps will provide a draft manuscript to the IN-SHPO for review. Consulting parties will cooperate with the ET regarding Corps and IN SHPO making recommendations and revisions of the book as needed. Upon publication the Corps will provide appropriate distribution of the book to libraries, historical organizations and other mitigation measures and consult public repositories in Indianapolis, Indiana. The book will contain, at minimum, the IEC for their effectivenesssame level of information, photographs, descriptions, narratives, and then propose these measures historic analysis that would sufficient for a nomination to the ER for approval prior National Register of Historic Places. A minimum of 100 books will be published and distributed within 36 months of the execution of this MOA. J. The Corps will produce a pamphlet on the Indianapolis Central Canal. The pamphlet will be a condensed version of the contents of the book. The Corps will provide a draft to the implementation IN-SHPO for review. Consulting parties will cooperate with the Corps and IN SHPO and make recommendations and revisions of the measurespamphlet. Upon publication the pamphlet will be made available for distribution to the public through the Indianapolis Department of Public Works and local public libraries. A minimum of 500 pamphlets will be printed and distributed within 36 months of the execution of this MOA. K. The Corps will cause the analysis and report to be completed of the 1995 Phase II archaeological testing of significance at 12MA630, 12MA631, and the Formal Garden Site, and submit to the IN SHPO. The analysis and report will be completed within 36 months of the execution of this MOA.

Mitigation Measures. 5.9.1 The EIA Report has recommended dust control measures including 8 times of watering per day. During the operation of the barging facilities, good site practices such as road surface paving, dust enclosures, wheels wash facilities would be implemented to reduce the generation of dust. 5.9.2 All the proposed mitigation measures are summarised in the Environmental Mitigation Measures Implementation Schedule (EMIS) in Appendix B. 5.9.3 The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels. 5.9.4 Mitigation measures for southern landfall of the Tuen Mun - Chek Lap Kok Link (TMCLKL) 5.9.4.1 The EIA report has recommended dust water quality control and mitigation measures. The Contractor shall be responsible for the design and implementation of the following these measures. The recommended construction dust mitigation measures are summarised in • All waste water generated on the Air Quality Environmental Mitigation Implementation Schedule provided in Appendix B. (i) all unpaved roads/exposed area Site shall be watered which results collected, removed from Site via a suitable and properly designed temporary drainage system and disposed of at a location and in dust suppression by forming moist cohesive films among the discrete grains of road surface materiala manner that will cause neither pollution nor nuisance. An effective watering programme of twice daily watering with complete coverage, is estimated to reduce by 50%. This is recommended for all areas in order to reduce dust levels to a minimum; (ii) watering of the construction area 8 times per day is recommended to reduce dust emissions by 87.5% and shall be undertaken; (iii) • The Contractor shallshall construct, to the satisfaction of the Engineermaintain, install effective dust suppression measures remove and reinstate, as necessary, temporary drainage works and take such all other measures as may be precautions necessary for the avoidance of damage by flooding and silt washed down from the Works. He shall also provide adequate precautions to ensure that at no spoil or debris of any kind is allowed to be pushed, washed down, fall or be deposited on land or on the Site boundary and seabed adjacent to the site. • Around any nearby sensitive receivermaterial storage, dust levels are kept to acceptable levels; (iv) batching plants or other facilities where spillage may occur, a bund with a capacity of 110% will be provided. • The Contractor shall not burn debris permit any sewage, waste water or other effluent containing sand, cement, silt or any other suspended or dissolved material to flow from the Site onto any adjoining land or allow any solid waste to be deposited anywhere within the Site or onto any adjoining land and shall have all such materials on removed from the works areas; (v) in hot, dry or windy weather, the watering programme shall maintain all exposed road surfaces and dust sources wet; (vi) where breaking of oversize rock/concrete is required, watering Site. • The Contractor shall be implemented responsible for temporary drainage, diverting or conducting of open streams or drains intercepted by any works and for reinstating these to control dusttheir original courses on completion of the Works. Water spray • Any proposed temporary diversions to stream courses or nullahs shall be used during submitted to the handling Engineer for agreement one month prior to such diversion works being commenced. Diversions shall be constructed to allow the water flow to discharge without overflow, erosion or washout. The area through which the temporary diversion runs is to be reinstated to its original condition when the temporary diversion is no longer required. • The Contractor shall not discharge directly or indirectly (by runoff) or cause or permit to be discharged into any public sewer, storm-water drain, channel, stream-course or sea, any effluent or foul or contaminated water or cooling water without the prior consent of fill material the relevant Authority who may require the Contractor to provide, operate and maintain at the Contractor's own expense, within the premises or otherwise, suitable works for the treatment and disposal of such effluent or foul or contaminated or cooling or hot water. • If any office, site canteen or toilet facilities is erected, foul water effluent shall, subject to clause as stated in the last paragraph above, be directed to a foul sewer or to a sewage treatment facilities either directly or indirectly by means of pumping. • The Contractor shall at all times ensure that all existing stream courses and at active cutsdrains within, excavation and fill sites where dust is likely adjacent to be created; (vii) open dropping heights for the Site are kept safe and free from any debris and any excavated materials arising from the Works. The Contractor shall ensure that chemicals and concrete agitator washings are not deposited in watercourses. • All Contractor's Equipment shall be controlled to a maximum height of 2m designed and maintained to minimise the fugitive dust arising from unloading; (viii) during transportation by truck, materials shall not be loaded to a level higher risk of silt and other contaminants being released into the water column or deposited in other than the side and tail boards, and shall be dampened or covered before transport. Materials having the potential to create dust shall not be loaded to a level higher than the side and tail boards, and shall be covered by a clean tarpaulin. The tarpaulin shall be properly secured and shall extend at least 300mm over the edges of the side and tail boards; (ix) no earth, mud, debris, dust and the like shall be deposited on public roads. Wheel washing facility shall be usable prior to any earthworks excavation activity on the site; (x) areas of exposed soil shall be minimised to areas in which works have been completed shall be restored as soon as is practicable; and (xi) all stockpiles of aggregate or spoil shall be enclosed or covered and water applied in dry or windy conditiondesignated locations. 5.9.4.2 If the above measures are not sufficient to restore the air quality to acceptable levels upon the advice of the ET, the Contractor shall liaise with the ET regarding other mitigation measures and consult the IEC for their effectiveness, and then propose these measures to the ER for approval prior to the implementation of the measures.

Mitigation Measures. 5.9.1 The EIA Report has recommended dust control As noted above at Recital F, MiniMed (through Tenant or otherwise) will be responsible to pay for and to construct certain of those mitigation measures including 8 times of watering per day. During (the operation "Mitigation Measures") applicable to the development of the barging facilitiesLeased Premises, good site practices and that Landlord and MiniMed (through Tenant or otherwise) will share the cost of such as road surface paving, dust enclosures, wheels wash facilities would be implemented to reduce the generation mitigation measures; Landlord's payment for its portion of dust. 5.9.2 All the proposed such mitigation measures will be by way of Rent credits, which are summarised reflected in the Environmental Rent Schedule, as set forth at Exhibit D. The Parties and MiniMed estimate that the Mitigation Measures Implementation Schedule will cost approximately $2,481,000. The Parties and MiniMed agree that MiniMed (EMISthrough Tenant or otherwise) will contribute $111,000 toward the cost of the Mitigation Measures, Landlord will use its best efforts to obtain a governmental grant (the "Grant") in Appendix B. 5.9.3 The Contractor shallan amount of at least $1,470,000 to be made available to MiniMed to be used to pay for the Mitigation Measures, to the satisfaction and that Landlord will pay its contribution of the Engineer, install effective dust suppression measures and take such other measures as may be necessary to ensure that at the site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels. 5.9.4 Mitigation measures for southern landfall cost of the Tuen Mun - Chek Lap Kok Link Mitigation Measures (TMCLKL) 5.9.4.1 The EIA report has recommended dust control and mitigation measures"Landlord's Portion") through rent credits incorporated in the Rent Schedule. The Contractor Landlord's Portion shall not exceed $900,000. If the cost of the Mitigation Measures exceeds $2,481,000, MiniMed's shall be responsible to pay such overage. Landlord reserves the right to pay to MiniMed (or its designee) the unamortized portion of the Landlord's Portion allocated to this Lease. In order to exercise such right, Landlord shall provide Tenant, MiniMed and Tenant's Lender with sixty (60) days prior written notice of its intention to pay all or a portion of the unamortized portion of the Landlord's Portion together with Landlord's calculations of the revised Rent Schedule. Within thirty (30) days after MiniMed's and Tenant's (and its or their Lender's) receipt of such notice and revised schedule, the Parties, MiniMed and Lender shall confer for the design purpose of agreeing upon the revised Rent Schedule. Upon such agreement, the Parties shall amend this Lease to incorporate the amended Rent Schedule, and implementation of thereafter Tenant shall pay the following measures. The recommended construction dust mitigation measures are summarised in the Air Quality Environmental Mitigation Implementation Schedule provided in Appendix B. (i) all unpaved roads/exposed area shall be watered which results in dust suppression by forming moist cohesive films among the discrete grains of road surface material. An effective watering programme of twice daily watering with complete coverage, is estimated to reduce by 50%. This is recommended for all areas in order to reduce dust levels to a minimum; (ii) watering of the construction area 8 times per day is recommended to reduce dust emissions by 87.5% and shall be undertaken; (iii) The Contractor shall, to the satisfaction of the Engineer, install effective dust suppression measures and take such other measures "gross" rent as may be necessary to ensure that at the Site boundary and any nearby sensitive receiver, dust levels are kept to acceptable levels; (iv) The Contractor shall not burn debris or other materials indicated on the works areas; (v) in hot, dry or windy weather, the watering programme shall maintain all exposed road surfaces and dust sources wet; (vi) where breaking of oversize rock/concrete is required, watering shall be implemented to control dust. Water spray shall be used during the handling of fill material at the site and at active cuts, excavation and fill sites where dust is likely to be created; (vii) open dropping heights for excavated materials shall be controlled to a maximum height of 2m to minimise the fugitive dust arising from unloading; (viii) during transportation by truck, materials shall not be loaded to a level higher than the side and tail boards, and shall be dampened or covered before transport. Materials having the potential to create dust shall not be loaded to a level higher than the side and tail boards, and shall be covered by a clean tarpaulin. The tarpaulin shall be properly secured and shall extend at least 300mm over the edges of the side and tail boards; (ix) no earth, mud, debris, dust and the like shall be deposited on public roads. Wheel washing facility shall be usable prior to any earthworks excavation activity on the site; (x) areas of exposed soil shall be minimised to areas in which works have been completed shall be restored as soon as is practicable; and (xi) all stockpiles of aggregate or spoil shall be enclosed or covered and water applied in dry or windy conditionRent Schedule. 5.9.4.2 If the above measures are not sufficient to restore the air quality to acceptable levels upon the advice of the ET, the Contractor shall liaise with the ET regarding other mitigation measures and consult the IEC for their effectiveness, and then propose these measures to the ER for approval prior to the implementation of the measures.

Mitigation Measures. 5.9.1 Construction Phase 4.2.1 Silt-laden surface run-off should be prevented from directly entering the sensitive receivers during the construction works. The EIA Report has recommended dust control measures including 8 times of watering per day. During the operation of the barging facilities, good site practices such as road surface paving, dust enclosures, wheels wash facilities would be implemented to reduce the generation of dust. 5.9.2 All the proposed mitigation measures described below for the construction phase are summarised in accordance with ProPECC PN 1/94: (a) works sites and areas used for imported fill stockpiling should, as far as possible, avoid the water sensitive receivers; (b) stripping of existing vegetation should be sequential to avoid exposure of large areas of embankment slopes; (c) special precautions should be taken when working in the Environmental Mitigation Measures Implementation Schedule (EMIS) in Appendix B. 5.9.3 The Contractor shallvicinity of streams and channels, to especially when bridges along TWR are being widened. This may involve the satisfaction installation of the Engineer, install effective dust suppression measures and take such other measures as may be necessary temporary drainage works to ensure that run-off does not enter the water bodies directly; typical example of this type of measure is the provision of suitable temporary drainage system, such as peripheral channels around the site, to intercept all on-site runoff to water quality treatment devices such as sedimentation pond / sand trap. Only treated run-off from these devices will be discharged offsite. Sizes and arrangement details of these drainage works depend on local conditions and will be addressed during the detailed design stage; (d) perimeter cut-off drains to direct off-site water around the works sites should be constructed. Internal drainage works, erosion and sedimentation control facilities should be implemented. Channels, earth bunds or sandbag barriers should be provided on site to direct stormwater to silt removal facilities. The design of efficient silt removal facilities should be based on the guidelines provided in ProPECC PN 1/94; (e) sedimentation tanks of sufficient capacity, constructed from pre-formed individual cells of approximately 6-8 m3 capacity should be adopted as a general mitigation measure which can be used for settling wastewaters prior to disposal. The tanks are readily available and used primarily for recycling water for bored piling operations. The system capacity should be flexible and able to handle multiple inputs from a variety of sources and particularly suited to applications where the influent is pumped. Various physical enhancement and chemical additives can be added to refine the sedimentation process; (f) construction works should be programmed to minimise surface excavations / cutting during the rainy period (April to September). If excavation of soil cannot be avoided during the rainy period, or at any time of year when rainstorms are likely, exposed slope surfaces should be covered by a tarpaulin or other means. Other measures that need to be implemented before, during and after rainstorms are summarized in ProPECC PN 1/94. Particular attention should be paid to the site boundary control of silty surface run-off during storms events, especially for sites located near steep slopes; (g) all exposed earth areas should be completed and any nearby sensitive receiverre-vegetated promptly after earthworks have been completed, dust levels are kept to acceptable levels. 5.9.4 Mitigation measures for southern landfall or alternately, within 14 days of the Tuen Mun - Chek Lap Kok Link cessation of earthworks; (TMCLKL) 5.9.4.1 The EIA report has recommended dust control h) earthworks final surfaces should be well compacted and mitigation measures. The Contractor shall subsequent permanent work or surface protection should be responsible for the design and implementation of the following measures. The recommended construction dust mitigation measures carried out immediately after final surfaces are summarised formed in the Air Quality Environmental Mitigation Implementation Schedule provided in Appendix B.order to prevent rainstorm erosion; (i) the overall slope of the site should be kept to a minimum to reduce the erosive potential of surface water flows and all unpaved roads/exposed area shall trafficked areas and access roads should be watered which results in dust suppression protected by forming moist cohesive films among the discrete grains of road surface materialcoarse stone ballast. An effective watering programme additional advantage accruing from the use of twice daily watering with complete coverage, crushed stone is estimated to reduce by 50%. This is recommended for all areas in order to reduce dust levels to a minimumthe positive traction gained during prolonged periods of inclement weather and the reduction of surface sheet flows; (iij) watering silt contained water and drilling water collected from any boring operations, dewatering etc. should be removed with properly designed silt removal facilities, such as sedimentation tanks referred to above, such that the TM on Effluent Standards are achieved prior to the discharge of the construction area 8 times per day is recommended to reduce dust emissions by 87.5% and shall be undertakenwaters; (iiik) The Contractor shallall drainage facilities, to the satisfaction of the Engineer, install effective dust suppression measures erosion and take such other measures as may sediment control structures should be necessary inspected regularly and maintained to ensure that proper and efficient operation at the Site boundary all times and any nearby particularly following rainstorms. Deposited silt and grit should be removed regularly and disposed of by spreading evenly over stable and non-sensitive receiver, dust levels are kept to acceptable levels; (iv) The Contractor shall not burn debris or other materials on the works vegetated areas; (vl) measures should be taken to minimise the ingress of site drainage into excavations. If the excavation of trenches in hotrainy period (April to September) is necessary, dry they should be dug and backfilled in short sections. Water pumped out from trenches or windy weather, foundation excavations should be discharged into the watering programme shall maintain all exposed road surfaces and dust sources wetsilt removal facilities; (vim) where breaking all open stockpiles of oversize rock/concrete is requiredconstruction materials (e.g. aggregates, watering shall be implemented to control dust. Water spray shall be used during the handling of fill material at the site and at active cuts, excavation sand and fill sites where dust is likely material) should be covered with a tarpaulin or similar fabric during rainstorms. Measures should be taken to be createdprevent the washing away of construction materials, soil, silt or debris into any drainage system; (viin) open dropping heights for excavated manholes (including newly constructed ones) should always be covered and temporarily sealed so as to prevent silt, construction materials shall be controlled to a maximum height of 2m to minimise or debris being washed into the fugitive dust arising from unloadingdrainage system; (viiio) during transportation by truckall vehicles and plants should be cleaned before leaving the construction site to ensure no earth, materials shall not mud and debris is deposited on roads. An adequately designed and automatic wheel washing facilities should be loaded to a level higher than the side provided at every site exit and tail boards, wash-water should have sand and shall be dampened or covered before transport. Materials having the potential to create dust shall not be loaded to a level higher than the side silt settled out and tail boards, and shall be covered by a clean tarpaulin. The tarpaulin shall be properly secured and shall extend removed at least 300mm over on a regular basis to ensure the edges continued efficiency of the side and tail boardsprocess; (ixp) no earththe section of access road leading to, mud, debris, dust and exiting from the like shall wheel-wash bay to the public road should be deposited on paved with sufficient backfill toward the wheel-wash bay to prevent vehicle tracking of soil and silty water to public roads. Wheel washing facility shall be usable prior to any earthworks excavation activity on the siteroads and drains; (xq) areas of exposed soil shall water used for construction purposes on site should, as far as practical, be minimised to areas in which works have been completed shall be restored as soon as is practicable; recycled for use and; (xir) all stockpiles information detailing storm run-off and wastewater discharge points, and the corresponding maximum (or range of) volumes of aggregate or spoil shall discharges expected from the construction sites on a dry day should be enclosed or covered and water applied provided in dry or windy conditionthe WPCO licence application. In general, assuming adequate information has been provided together with the license application, EPD would need at least 20 days for the processing of a license for a discharge. It is therefore recommended that the Contractor submit the licence application to EPD as early as possible before the commencement of any discharge. 5.9.4.2 4.2.2 If the above measures good management practices abovementioned are not sufficient implemented, adverse impacts on the aquatic environment due to restore the air quality to acceptable levels upon the advice of the ET, the Contractor shall liaise with the ET regarding other mitigation measures and consult the IEC for their effectiveness, and then propose these measures to the ER for approval prior to the implementation of the measuressurface run-off should be avoided.