appendix c-1 summary of ea commitments and compliance … · c.1.5 9.2.5 carry out ongoing...

Appendix C-1

Summary of EA Commitments and

Compliance Monitoring

APPENDIX C – SUMMARY OF ENVIRONMENTAL EFFECTS, PROPOSED MITIGATION AND COMMITMENTS TO FURTHER WORK Part C.1 Summary of EA Commitments and Compliance Monitoring

Commitments and Assurances are taken from the EA Commitments and Compliance Monitoring from Chapter 9.2 of the 407 East Individual Environmental Assessment and Preliminary Design Study (August 2009), EAAB File No.: EA-02-07

I.D. No. Ref. No.* EA Commitment How Commitments Have Been AddressedDuring Detail Design for DCR #6

Concerned Agency/Stakeholders

GENERAL

C.1.1 9.2.1 Prepare Environmental Management Plans (EMPs) following EA Act approval of the Preferred Undertaking to ensure mitigation / compensation measures and monitoring requirements are employed, inspected and maintained during construction and operation.

EMPs have been prepared.

Mitigation / compensation measures and monitoring requirements are communicated to contractors and areincluded in the contract specifications and operational constraints, where applicable.

MTO / MNRF / MOECC/ MUN / CAs

C.1.2 9.2.2 Retain an Environmental Officer (MTO and/or their agent) during construction.

407EDG has retained Environmental Supervisors, Inspectors, an Environmental Director and an Environmental Manager for the Project.

MTO

C.1.3 9.2.3 Carry out ongoing consultation with stakeholders during subsequent design phases and construction.

Consultation with stakeholders is ongoing throughout design and construction for the Project.

A Community and Stakeholder Consultation Plan wasprepared, it provides a comprehensive approach to consultation that is flexible, inclusive, and integrated to proactively solicit feedback and input from all stakeholder groups on design and construction.

Stakeholders are invited to provide feedback at any time, information can be found on the web: http://www.407eastphase1.ca

Refer to Section 2.0 of this DCR for a summary of the consultation undertaken for the works described in DCR #6.

MTO / MNRF/ MUN, Public/ CAs, First Nations

Ministry of Transportation (MTO), Ministry Natural Resources and Forestry (MNRF), Municipalities (MUN), Department of Fisheries and Oceans (DFO), Conservation Authorities (CAs), Ministry of Tourism Culture and Sport (MTCS), Ministry of Environment and Climate Change (MOECC)

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APPENDIX C – SUMMARY OF ENVIRONMENTAL EFFECTS, PROPOSED MITIGATION AND COMMITMENTS TO FURTHER WORK I.D. No. Ref. No.* EA Commitment How Commitments Have Been Addressed

During Detail Design for DCR #6Concerned

Agency/Stakeholders

C.1.4 9.2.4 Further develop and finalize for implementation the 407 East Community Value Plan in consultation with municipalities and First Nationscommunities. Preliminary measures include gateway treatments, landscape screening, architectural and local heritage treatments, dedicated wildlife crossings, wetland restoration and universal measures.

The Community Value Plan has been developed in the Detail Design phase and will be implemented during construction. The Community Value Plan was presented at PIC #6 (October 14 and 15, 2014) and is described in DCR #6.

Community Value Plan considerations have formed a significant part of the Landscape Plan.

Aboriginal consultation meetings with Williams Treaty Group of First Nations and Huron-Wendat First Nation were held to discuss Aboriginal commemorative installations along the Highway.

Implementing elements of the Final Aboriginal Commemorative Installation Strategy in design of the Simcoe Street Bridge.

The salvage and re-use of materials for commemorative interpretative purpose has been finalized and the final recommended measures are incorporated into the Community Value Plan and detail design drawings (Landscape Plan) for the Highway 407 East Phase 1(Refer to Appendix A)..

The full CVP document in its entirety is available for review electronically from the Project website http://www.407eastphase1.ca and at 407EDG’s Project Office.

MTO / MUN

C.1.5 9.2.5 Carry out ongoing engagement with First Nations communities, in accordance with the 407 East First Nations protocol,during subsequent design phases and construction.

MTO conducted consultation with First Nations during the Detail Design process for this DCR, including meetings and an invitation to attend the PIC.

MTO is committed to continuing an open dialogue with First Nations during the Detail Design and construction phases.

MTO / First Nations


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Agency/Stakeholders

C.1.6 9.2.6 Notify First Nations of the opportunity to be involved in all Stage 3 and Stage 4 Archaeological Assessments related to First Nations finds prior to their initiation.

MTO continues to provide opportunities to First Nations to participate in all Stage 3 and Stage 4 ArchaeologicalAssessments related to First Nations finds.

MTO continues to offer the opportunity for a First NationsLiaison to work on site at any First Nations site.

MTO / First Nations

C.1.7 9.2.7 Explore opportunities to place signage on sites of significance to First Nationsheritage and to display artefacts found through Stage 3 and Stage 4 Archaeological Assessments.

MTO arranged meetings with First Nations communities to discuss the details related to the First Nations commemorative installations in specific areas. Detail Designs have been developed based on these discussions and were presented at PIC #6 (October 14 and 15, 2014) and are described in DCR #6.

MTO / MTCS / First Nations

C.1.8 9.2.8 Finalize the proposed 407 East Greenbelt Strategy for implementation.

Greenbelt Strategy for 407 East Phase 1 wasimplemented during the detail design and construction to ensure compliance and to minimize the amount of Greenbelt lands. In particular, emphasis was placed on Natural Heritage Systems traversed and/or occupied by the Highway, with the objective to minimize negative impacts and disturbances to the existing landscape facility and the loss of key natural heritage/hydrogeologicfeatures, where possible.

MTO / MMAH / MUN

HYDROGEOLOGY

C.1.9 9.2.9 Transfer all hydrogeology mitigation/compensation measures and monitoring requirements into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All hydrogeology mitigation / compensation measures and monitoring requirements, including Best Management Practices (BMPs), have been transferred into the Hydrogeology EMP and are communicated to contractors through contract specifications and environmental operational procedures for implementation.

The proposed works are not expected to result in significant permanent dewatering or changes in

MTO / MOECC


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Agency/Stakeholders

groundwater due to the limited permeability of the native soils. As a result, the study team does not anticipate significant permanent effects to adjacent private wells, vegetation communities or watercourses.

A groundwater and well monitoring program has beenimplemented to confirm that there are no adverse impacts to groundwater or to private wells. This includes pre-construction monitoring to assess existing baseline conditions and monitoring during the construction phase of the Project.

C.1.10 9.2.10 Acquire all necessary hydrogeology permits / approvals.

Groundwater drawdown is expected to be required to construct the structural foundation for Site 97/Culvert W17 and dewatering is expected to exceed 50,000 litres/day; therefore, a Permit to Take Water (PTTW), Environment and Climate Change (MOECC) has been secured, under the Ontario Water Resources Act.

MTO / MOECC

C.1.11 9.2.11 During subsequent design phases, explore the use of clay or a geo-membrane for lining stormwatermanagement ponds, highway ditching and outlet channels in areas where high permeability soils exist at surface.

As noted in past DCRs, PTTWs will be secured where groundwater dewatering at stormwater management ponds is required to allow for construction of these facilities. Additionally, 407ECGP have completed an assessment with respect to soil permeability and groundwater regime to determine the need for clay or geo-membranes liners at SWM ponds as mitigation to address potential groundwater contamination from highway runoff during operations. From this assessment, liners are required at 2 stormwater management ponds –Ponds 8E and 8W located in Segment A-1 (refer to Figure 3-2 in DCR #6 for location).

MTO / MOECC

C.1.12 9.2.12 During subsequent design phases, explore the use of permeable sub-base material and groundwater equalization

From the assessment completed to date, the use of permeable sub-base material and groundwater equalization drains to address potential impacts

MTO / MOECC


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Agency/Stakeholders

drains for raised fill for the highway through sensitive wetland areas and unconfined aquifers such as the Harmony-Farewell Iroquois Beach Wetland and Maple Grove Wetland Complexes.

(interference) to groundwater movement is not required for the proposed works in this DCR.

The Harmony-Farewell Iroquois Beach Wetland and Maple Grove Wetland Complexes are found in the Phase 2 study area for the 407 East Extension, and therefore these features are not applicable to the Highway 407 East Phase 1 Project.

C.1.13 9.2.13 Where technically feasible, keep the highway profile at or above grade where high permeability soils are present at surface to avoid potential adverse effects to groundwater.

The highway profile has been presented in past DCR and is not applicable to the works described in DCR #6.

MTO / MOECC

C.1.14 9.2.14 During subsequent design phases, where permanent sidewall drainage is required in deep highway cuts, explore the possibility of collecting cold groundwater seepage and discharging it into receptor streams.

The assessment for collecting cold groundwater from deep highway cuts has been documented in past DCRs and is not applicable to the work described in DCR#6.

MTO / MOECC

TERRESTRIAL

C.1.15 9.2.15 Transfer all terrestrial mitigation/compensation measures and monitoring requirements into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All terrestrial mitigation / compensation measures and monitoring requirements, including BMPs, in the Terrestrial EMP are communicated to contractors and areincluded in the contract specifications and environmental operational procedures, where applicable.

MTO

C.1.16 9.2.16 Acquire all necessary terrestrial permits / approvals.

All necessary terrestrial permits were acquired during Detail Design. Permits acquired for Species at Risk under the Endangered Species Act include:

MTO / MNRF


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Agency/Stakeholders

Butternut permit #AU-002-11 issued on April 04, 2012 for the Highway 407 East, Phase 1.

Bobolink/Eastern Meadowlark permit #AU-C-012-11 issued on August 30, 2012.

Barn Swallow permit #AU-C-005-12 issued on August 31, 2012.

C.1.17 9.2.17 During subsequent design phases, develop and finalize edge management designs in consultation with MNRF and the Conservation Authorities (CAs), as appropriate, at the following locations: WS8-1, TLAN-3, C5BR-2, WS14-9b, C5S16-1, WPAD-1, WPAD-2, C5HAL-1a, C5HAL-1f, RLAK-1f, 401HAR-1, 401LAK-5b and 401LAK-11a, TR57-2 and TMID-1.

Edge Management Plans have been completed and are presented in the Community Value Plan and the Landscape Plan which are part of the subject works documented in DCR#6 (Appendix A-1).

MTO / MNRF /CA

C.1.18 9.2.18 Further develop and implement the 407 East Butternut Tree Strategy, including the following measures:

Continue consultation with MNRF during subsequent design phases.

Undertake additional field visits to complete a health assessment of Butternut trees on properties where access was not permitted during the 407 East EA or where there were subsequent design changes that now encroach into vegetation units with Butternut trees not previously assessed or where Butternut trees were assessed after leaf fall began. These vegetation units are C5BR-6,

Compensation for the loss of vegetation communities, including SAR habitat, were developed in consultation with regulatory agencies (MNRF, Environment Canada, TRCA, CLOCA, etc.) and presented at Public Information Centre # 6 as part of the consultation program for the Project (refer to Section 2.0).

Detailed “Vegetation Restoration Plans” related to the provision of forest and wetland compensation and implementation “Overall Benefit” activities for SAR through ecological restoration have been developed and documented in the 407ECGP “Vegetation Compensation and Replacement Ecological Restoration Plan” (VCRER), to meet the EA commitments and conditions of the ESA Permits for the Project. Permit under ESA has been secured for Butternut (#AU-C-002-11).

MTO / MNRF / CAs


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Agency/Stakeholders

RLAK-1f, THAL-2a, TLAK-3 and WS4-1.

Review the potential to minimize the number of Butternut trees removed during construction in the following vegetation units: WRIT-10, WWA-5, WWA-4, WS14-5, WHAL-1, WHAL-2, THAL-2, RLAK-1f, TOS-2, TDCT-7, NCOU-2 and BHAN-1.

Develop approaches with MNRF and the Forest Gene Conservation Association to mitigate the effects of Butternut tree removal.

Submit an application to MNRF for permission to remove retainable Butternut trees under the ESA.

Field visits on properties where access was not permitted during the 407 East EA was done by MTO to complete a health assessment of Butternut trees. MTO has anagreement with the Forest Gene Conservation Association to mitigate the effects of Butternut tree removal.

Based on the permit secured, 58 Butternuts shall be transplanted.

Opportunities to minimize the number of Butternut trees required to be removed were considered during Detail Design.

An additional 132 Butternut were found within the ROW in Segment A2 as a result of supplemental investigations completed in the Detail Design phase.

To date, approximately 200 butternut trees have been transplanted to suitable sites within the Project Lands,which exceeds the number required as a condition of the ESA permit.

C.1.19 9.2.19 During construction, carry out invasive non-native plant species management at the following vegetation units: WSIM-2, CGAR-3, and WCOR-1.

An Invasive Species Management Plan has been prepared and implemented and is documented in the “Vegetation Compensation and Replacement Ecological Restoration Plan” (VCRER). Invasive management has been carried-out at the vegetation sites listed, as well as other select sites where forest and wetland restoration is proposed.

MTO / MNRF / CAs

C.1.20 9.2.20 Carry out the salvage of regionally rare plant species where they are confirmed to occur within the ROW, in the following units: CTHI-1, RALK-1a, TWAS-4, TCED-1, TMID-1, TR14-2, TCOL-1, C7DCT-1, C7BES-5, NSOL-4, NCOU-9, NCOU-1,

As noted in past DCRs, MTO and 407EDG have provided the relevant information and the opportunity to MNRF andCAs to access the ROW in advance of construction so the agencies can salvage rare plant species identified to date.

Field investigations of the subject vegetation units,

MTO / MNRF / CAs Municipalities


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Agency/Stakeholders

BHAN-11 and BHAN-9.

Carry out field investigations during subsequent design phases to confirm the locations of other regionally rare plants in order to determine their location relative to the ROW. If they are present in the ROW, carry out salvage. These units include: WRIT-9, WWA-5, WS8-2, WSAL-4, WS16-2a, WPAD-1b, WHAL-1, WS4-1, C5COC-1a, CGA-1a, RLAK-4, 401LAK-5a, 401LAK-11b, 401HAR-1d, RLAK-1f, RLAK-1a, and THAL-2b.

Carry out wetland seedbank salvage in the northern portion of CGAR-5 if a suitable and appropriate receiving site isavailable (e.g., stormwater management facility).

Explore opportunities to salvage TRCA L1-L3 species to avoid species loss and for use in restoration initiatives, as appropriate and feasible.

MTO and/or their agents will provide opportunities for Durham Region, MNRF,CLOCA, GRCA and TRCA to access the right-of-way in advance of construction so the agencies can salvage vegetation material.

including the opportunity to salvage rare plants, were completed subsequent to the EA and in Detail Design for Phase 1.

*Note: Wetland seedbank salvage in the northern portion of vegetation unit CGAR- 5 (Segment A4) (west of Thornton Road) was evaluated and was determined to beunsuitable for use in vegetation restoration areas or atstormwater management facilities.

Impacts to vegetation are principally related to the removal of vegetation and natural habitat within the highway ROW, and were documented in DCR #1. No vegetation removals are required for the works described in DCR #6.

C.1.21 9.2.21 During subsequent design phases, further develop vegetation restoration/enhancement plans in consultation with MNRF and the Conservation Authorities to offset

A “Vegetation Compensation and Replacement Ecological Restoration Plan” (VCRER) was prepared as part of final design for the Highway 407 East Phase 1 andas per Condition 18 the MOECC Notice of Approval for the Project. An overview of the vegetation compensation

MTO / MNRF / CAs


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Agency/Stakeholders

vegetation removals, including the following:

An initial approach for permanent forest and wetland vegetation removals/habitat loss at a 1:1 ratio. Continue to work with MNRF and the Conservation Authorities to identify priority areas for habitat replacement and develop/finalize the approach to offset the impacts to vegetation communities/habitat features that adequately reflect the ecological functions that will be lost.

Prepare post-construction restoration plans for major valley crossings and forest blocks that will be disturbed during construction to offset vegetation removals.

Re-stabilize and re-vegetate all exposed surfaces as soon as possible following construction, using native vegetation seed mixes and plantings or other appropriate cover.

Continue to explore opportunities for developing additional restoration plans during subsequent design phases, as appropriate and feasible.

requirements are documented in DCR #6. The plans and associated specifications are to be included in contractpackages for implementation.

The detailed VCRER includes compensation for vegetation removals and impacts to Species at Risk (SAR) habitat have been developed in consultation with MNRF and CAs as part of Detail Design. This includespost-construction restoration of valley crossings. The commitment to create forests and wetlands for vegetation removals/habitat loss at a 1:1 ratio has been initiated, with all works scheduled for completion in late 2015.

General re-stabilization and re-vegetation of exposed surface for works in this DCR to address erosion control have been included in the contract specifications for implementation.

C.1.22 9.2.22 Build two dedicated wildlife passage structures at the locations specified on the Recommended Design Plates in addition to the watercourse crossings.

Two designated wildlife passage structures have been designed and will be implemented as previously documented in DCR #1.

For works in DCR #6, the Community Value Plan (CVP) themes and enhancement treatments include details on

MTO / MNRF /CAs


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Agency/Stakeholders

the proposed wildlife crossings. There are 2 dedicated (dry) wildlife passage structures being constructed within the transportation corridor (Crossings 43A and 43B). The CVP also includes the design and installation of two (2) types of wildlife fencing to direct/funnel wildlife to the wet and dry wildlife passage structures and the design and installation of wildlife escape ramps as measures to allow wildlife trapped in the transportation corridor to safely escape.

C.1.23 9.2.23 During subsequent design phases, review opportunities to minimize encroachment into the following vegetation units:

WS14-1, C5S16-1, WS4-3, C5HAL-4, C5HAL-3 and RLAK-4 (adjacent to stormwater management facilities)

TLAN-3, WS14-9b, C5S16-1, East Duffins Creek Valley, West Lynde Creek Valley, hedgerows [C5HAL-7 and C5HAL-5], RLAK-2 and RLAK-1f TTRU-7, TOS-2, TCOL-1, C6R57-1, C7DCT-3, Wilmot Creek valley (adjacent to the highway and associated facilities)

KHAL-7a, KHAL-7b, 401LAK-5b and 401LAK-11a, TWAS-4, NSOL-4, BHAN-9(containing Provincially Significant Wetland)

For valley locations, potential opportunities could include bridge design and construction techniques that minimize construction impacts.

Opportunities to minimize the encroachment of thehighway into vegetation units have been considered in Detail Design and documented in past DCR’s.

At East Duffins Creek valley (Segment A1), alternatives were explored in detail design to avoid direct impacts to the Redside Dace habitat. Through the design optimization process and consideration of alternatives, 407EDG eliminated the need for the stream realignmentat Site 9. Avoidance of the stream realignment also reduces the vegetation clearing requirements at the site, which is a designated Area of Natural and Scientific Interest (Duffins Creek Valley Regional Life Science Area).

As documented in past DCR’s, limits of vegetation clearing were restricted to the Highway right-of-way (ROW), and did not include additional areas such as the Transitway.

MTO / MNRF / CAs


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Agency/Stakeholders

Wherever possible, ensure the transitway right-of-way is left in its natural state until such as the transitway is implemented.

C.1.24 9.2.24 Prepare access management plan(s), prior to construction, for the following valleys:

Tributary to Brougham Creek valley (Unit WS16-1),

East Duffins Creek valley (Units WPAD-1and 2),

West Lynde Creek valley (Unit WCOR-1),

Oshawa Creek East valley (Units WRIT),

Tributary to Oshawa Creek East valley (Units WWA),

Farewell Creek valley (TWAS-4),

Wilmot Creek valley (Unit C7DCT-4).

Construction access roads in to the valleys along the mainline should be located under the centerline of the proposed bridge and where this is not feasible, on the north side of the proposed bridge.

Access Management Plans were prepared for the vegetation clearing activities and have been utilized during highway construction activities, as previously documented in DCR #1.

For works in DCR #6, no access management plan is applicable, as the construction of the Lynde Creek Tributary ‘A’ Culvert (W17) and associated stream realignment at the Rossland Road and West Durham Linkis not one of the identified valley features where such a plan is required.

MTO / MNRF /CAs

C.1.25 9.2.25 Carry out additional field investigations during subsequent design phases to:

Confirm vegetation composition and wildlife use, assess anticipated effects and develop mitigation measures for four vegetation units (WBR-1, WTHO-1,

Field investigations were undertaken by MTO subsequent to the EA at the 4 vegetation units to determine wildlife use. Findings from these investigations were considered in Detail Design.

MTO / MNRF / CAs


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Agency/Stakeholders

TLAK-3 and CLEA-2) not accessed during the 407 East EA.

C.1.26 9.2.26 During subsequent design phases, carry out additional field investigations to explore opportunities to minimize localized removals of more sensitive vegetation species/communities at stormwater management outfall locations.

Additional field investigations were completed to explore opportunities to minimize localized removals of more sensitive vegetation species/communities, as previously documented in past DCR’s.

Vegetation clearing was restricted to the highway ROW, with other areas of the highway corridor remaining in their natural state.

MTO

FISHERIES

C.1.27 9.2.27 Transfer all fisheries mitigation/compensation measures and monitoring requirements into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All fisheries mitigation / compensation measures and monitoring requirements, including Best Management Practices (BMPs), were transferred into the Fisheries EMP and are communicated to contractors through contract specifications and environmental operational procedures for implementation.

MTO / MNRF / CAs /DFO

C.1.28 9.2.28 Acquire all necessary fisheries permits / approvals.

All necessary permits have been or will be acquired prior to the commencement of construction.

For works in DCR #6, the Lynde Creek Tributary ‘A’ Culvert (Structure W17) and stream realignment(Segment B-2) were considered to constitute a HADD of fish habitat as per the MTO assessment (November 8, 2010). Based on changes to the Fisheries Act and DFO Fisheries Protection Policy Statement that occurred in 2013, MTO is requesting that DFO complete a “Project Review” as to whether the current proposed works constitute “serious harm to fish” that will require authorization under the Act. Where applicable a Fisheries

MTO / DFO / MNRF


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Agency/Stakeholders

Act authorization will be secured prior to construction.

C.1.29 9.2.29 During subsequent design phases, undertake a geomorphologic assessment of channel sections affected by multi-span structures to determine the need for and the type/design of measures that can best achieve the ultimate objective of providing long-term channel stability, with minimum instream hardening/fixing and intrusion into the stream channels.

This assessment should be integrated with a detailed understanding of the specific fish habitat elements that may be affected and the site specific susceptibility of the channel to erosion.

A geomorphic assessment at multi-span structures, with respect to long term channel stability is not applicable to the works described in DCR #6. A geomorphic assessment of multi-span structures was previously documented in past DCR’s.

MTO / DFO


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Agency/Stakeholders

C.1.30 9.2.30 During subsequent design phases, develop and implement a 407 East Redside Dace Strategy including the following:

Additional assessment work in consultation with recognized experts and agency staff in locations where RedsideDace are present.

Further detailed site-specific assessment (both fluvial geomorphologic and fish habitat aspects) at Spring Creek (Site 8), Tributaries A and B of Carruthers Creek (Sites 11 and 12), and Lynde Creek Tributaries H and I (Sites 20 and 21).This assessment will determine the susceptibility of vegetated pools that support Redside Dace that may undergo secondary changes as a result of the anticipated long term loss or die-back of vegetation under structures. Ensure all further detailed site-specific assessments extend beyond the structure and ROW limits wherever access is permitted, to assess pool representation along the reach, and to identify opportunities for enhancement of existing pool habitat or creation of new pool habitat (or other habitat elements as may be relevant).

Explore opportunities for collaboration with the recognized experts and agency staff on post-construction monitoring activities as feasible.

A Redside Dace Strategy was developed by MTO as part of the Overall Benefit Activities required to secure the Permit under the Endangered Species Act (ESA).

Detailed site-specific mitigation plans were prepared for the MNRF review and approval as a condition of the ESA Permit for Redside Dace.

MTO / MNRF / DFO


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Agency/Stakeholders

C.1.31 9.2.31 Undertake a detailed assessment to confirm whether or not specific physical channel measures are warranted at high sensitivity crossings that support salmonid spawning and rearing habitat at the following locations: East Duffins Creek crossings (Site 9); West Lynde Creek (Site 19); Oshawa Creek East and Tributary E (Sites 35 and 38); and moderate sensitivity crossings that support Northern Pike rearing and potential spawning habitat at Lynde Creek Tributary A (Site 51).

The assessment will integrate both fluvial geomorphologic and site-specific fish habitat functions, with specific consideration of the potential for lateral widening to affect specific habitat elements (e.g., salmonid spawning riffles, refuge and rearing pools).

The potential susceptibility of channel form and morphology to erosion and associated changes as a result of the loss of bank vegetation anticipated under structures in the long term will be assessed further during subsequent design phases to confirm whether or not specific channel stabilization measures are warranted to maintain morphological elements.

A detailed assessment to confirm whether or not specific physical channel measures are warranted at high sensitivity crossings that support salmonid spawning and rearing habitat at the subject locations was completed by MTO and was confirmed in Detail Design, and documented in past DCR.

For works in DCR #6, the Lynde Creek Tributary ‘A’ Culvert (Structure W17) and stream realignment(Segment B-2) is not considered a high sensitivity crossing that supports salmonid spawning and rearing habitat and therefore the subject commitment is not applicable to the works described in DCR #6.

MTO / DFO / MNRF

C.1.32 9.2.32 Develop and implement natural channel designs to re-instate the relocated

Natural channel designs have been developed by fluvial geomorphologists and hydrologists, with input from

MTO / DFO / MNRF /CAs


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Agency/Stakeholders

channel sections at those watercourses where required, to maintain natural fluvial processes, with specific attention to re-instatement or enhancement of morphology, substrates and cover.

All designs are to be prepared by appropriate technical experts.

A multi-disciplinary review of the designs at High and Moderate Sensitivity crossings including Lynde Creek (Site 24) and Oshawa Creek West (Site 28).

Support the design work by additional detail field investigations (biological and fluvial geomorphologic and hydrogeologic) and integrated analysis and design to ensure all existing habitat elements and functions are maintained, and where possible enhanced.

fisheries biologists and landscape architects, to ensure that the specific fish habitat elements and their functions are re-instated and, where possible, enhanced. The stream realignments will be constructed to mimic the existing channel attributes with respect to form (width, depth), function and channel slope. Fish habitat elements, such as natural substrate, pool-riffle morphology, and planting of trees and shrubs to promote shading and reduce erosion, has been implemented throughout the realigned tributaries. A qualified natural channel design contractor with demonstrated experience has been retained to construct all watercourse realignments. The above design and construction requirements are applicable to Lynde Creek Tributary ‘A’ Culvert (Structure W17) and stream realignment(Segment B-2) as described in DCR #6.

C.1.33 9.2.33 Finalize the preliminary/comprehensive assessments as per the MTO/DFO/MNRF Protocol.

The assessments per the MTO/DFO/MNRF Fisheries Protocol have been finalized for the watercourse crossing sites in DCR #6 (Site 97, Structure W17).

MTO / DFO

C.1.34 9.2.34 Retain a Fisheries Contract Specialist where a Fisheries Act Authorization is required to ensure that the designs are properly implemented and can be field-refined where necessary during construction.

A Fisheries Contract Specialist will be utilized during construction of the stream alignments that have Fisheries Act Authorizations to ensure that natural channel designsand fish habitat mitigation and compensation measures are properly implemented.

The above is applicable to the stream realignment in Segment B-2 (Site 97) described in DCR #6.

MTO / DFO

C.1.35 9.2.35 Retain an acceptable natural channel design contractor with demonstrated

See I.D. C.1.32 above. MTO / DFO


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Agency/Stakeholders

experience to construct all watercourse realignments.

A qualified natural channel design contractor is beingused for construction of the stream realignments.

The above is applicable to the stream realignment in Segment B-2 (Site 97) described in DCR #6.

C.1.36 9.2.36 Ensure that, where feasible, construction sequencing considers the relocation and/or the realignment of fisheries channels in advance of structural works.

Many of the construction activities in this DCR areundertaken simultaneously in an effort to minimize the duration of construction. The stream realignment in Segment B-2 (Site 97, Lydne Creek Tributary) will be undertaken in parallel with the required structure works (Culvert W17).

MTO / DFO

C.1.37 9.2.37 During subsequent design phases, undertake additional field investigations to confirm the location and orientation of stormwater management pond outlets into high sensitivity fisheries watercourses.

Opportunities to refine the stormwater management facilities to reflect and integrate current measures, emerging innovative techniques and ‘Best Management Practices’ for thermal and sediment treatment will also be considered.

Field investigations to confirm the location and orientation of stormwater management pond outlets into high sensitivity fisheries watercourses was completed as part of Detail Design. The final locations for pond outlets that discharge to the high sensitivity watercourses aredocumented on the SWM pond design drawings in DCR #6, including the planting plan for each pond (refer to Appendix A-1). The outlet of SWM ponds have been designed with a bottom draw system to drain the cooler water from the base of the ponds in order to reduce the potential thermal impact of water released to existing watercourses. Pond outlet configuration, as well as other measures such as strategic planting around each pond, was also considered as part of a multiple mitigation strategy to reduce the thermal impact and protect coldwater streams that support aquatic species, which are sensitive to temperature increases.

MTO / MNRF / CAs


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Agency/Stakeholders

AIR QUALITY

C.1.38 9.2.38 Transfer all air quality mitigation measures (e.g., implementing dust control measures (such as water, calcium chloride), restriction on heavy equipment idling times, and maintaining equipment in good working order, etc.) into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All air quality mitigation measures to control dust, such as application of water control, and general air quality mitigation measures such as restriction on heavy equipment idling times, and maintaining equipment in good working order, etc., have been transferred into the Air Quality EMP and will be communicated to contractors through contract specifications and environmental operational procedures for implementation.

In general, dust control is achieved by careful planning of works and by applying the appropriate control methods, or Best Management Practices as described in the “Best Practices for the Reduction of Air Emissions from Construction and Demolition Activities” published by Environment Canada (2005).

Commitment to ambient air monitoring of Nitrogen Oxides (NOx), Particulate Matter (PM) 10 and PM 2.5 during construction to assess the effectiveness of mitigation measures, particularly those related to dust control was fulfilled.

MTO / MOECC

NOISE

C.1.39 9.2.39 Transfer all noise mitigation measures into the EMPs. Current measures, such as restricting the timing for certain operations, abiding by municipal by-laws and ensuring construction equipment is in good working order, and Best Management Practices available at the time of construction should be implemented where applicable.

All noise mitigation measures, such as restricting the timing for certain operations, abiding by municipal by-laws and ensuring construction equipment is in good working order, have been transferred into the Noise EMP and arecommunicated to contractors through contract specifications and environmental operational procedures for implementation.

If any construction equipment emits noise at levels above the limits in the applicable MOECC Model Municipal

MTO


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Agency/Stakeholders

Noise Control By-Laws (NPC’s), 407EDG will comply with the limits where reasonably possible.

407EDG will investigate and address all complaints related to noise associated with construction activities in this DCR. Response to complaints from the general public, municipalities and others will be handled in accordance with the 407EDG Complaint Protocol for the Project.

C.1.40 9.2.40 Build the three recommended noise barriers as close to the start of construction as possible so that acoustical screening is provided for construction activities. [Note: only two of the three recommended noise barriers are within Phase 1].

Preliminary details with respect to the noise barriers were presented at PIC #3/DCR #3. The final detail design of the noise barrier walls was presented at PIC #6 (October 14 and 15, 2014) and is described in DCR #6.

Due to construction staging for the Project, such as the need to complete structural and grading at the subject 2noise barrier wall locations, building of the noise barriers at the start was not deemed feasible.

MTO / MOECC

LANDSCAPE COMPOSITION

C.1.41 9.2.41 Transfer all landscape mitigation measures into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All landscape mitigation measures and BMPs have been transferred into the Landscape Composition and Terrestrial EMPs and will be communicated to contractors through contract specifications and environmental operational procedures for implementation.

MTO

C.1.42 9.2.42 Apply a minimum 2-year warranty to all planted landscape material.

Landscape planting and landscape design elements are described in the CVP, including landscaping treatment and enhancements, and are detailed in the design drawings contained in Appendix A of DCR #6. A 2-year warranty will be applied to select landscape elements andmaterials.

MTO


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Agency/Stakeholders

AGRICULTURE

C.1.43 9.2.43 Transfer all agricultural mitigation measures and monitoring requirements into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All agriculture mitigation measures and BMPs (e.g., dust control, maintaining drainage outlets, access, etc.) have been transferred into the Agricultural EMP and will be communicated to contractors through contract specifications and environmental operational proceduresfor implementation.

No specific monitoring requirements identified from the approved 407 East Individual Environmental Assessment and Preliminary Design Study (August 2009), EAAB File No.: EA-02-07.

MTO

C.1.44 9.2.44 Give priority for remnant land parcels to remain in agricultural use.

Most remnant parcels are candidate sites for vegetation/restoration compensation and/or to undertake Overall Benefit Activities for SAR, as condition of the ESAPermits for the Project.

MTO / MUN / MNRF

WASTE MANAGEMENT AND CONTAMINATION

C.1.45 9.2.45 Complete Site Screening for remaining properties and Phase I and II Environmental Site Assessments (ESAs), as appropriate, for properties identified as having the potential for contamination and site remediation, if necessary.

Remedial Action Plan (RAPs) have been prepared where required in accordance with applicable health, safety and environment regulations for each contaminated property to address soil, groundwater or sediment that is impacted with levels of contaminants above the applicable standards. This includes recommendations for monitoring, and/or remedial/mitigative measures for implementation, where applicable.

Properties associated with the works in DCR #6 have been previously assessed for soil and/or groundwater contamination, as documented in past DCRs, and where applicable have been remediated to acceptable MTO/MOECC standards.

MTO / MOECC


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Agency/Stakeholders

C.1.46 9.2.46 Transfer all waste management mitigation measures and monitoring requirements into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable. In addition, explore opportunities to minimize waste generation through salvage and reuse of material during subsequent design phases.

All waste management mitigation measures and monitoring requirements measures and BMPs have been transferred into the Waste and Contaminated Materials EMP and are communicated to contractors through contract specifications and environmental operational procedures for implementation.

The management of excess earth off the Highway 407 East Phase 1 Project is being completed in accordance with all applicable environmental approvals, standards, regulations, guidelines, policies, practices and laws and more specifically the MTO Excess Earth Best Practices and Recommendations for Design and Construction (June 2010).

In DCR #6, excess earth material will be placed on vegetation compensation/restoration sites. This soil material represents a resource and can be relocated strategically and incorporated effectively into restoration areas. Excess soils will not be placed in wetland habitat restoration areas or where it would interfere with watercourses or adversely affect natural macro-drainage patterns. No excess fill materials will be deposited in sensitive wetland areas or below the Regional Storm flood line as identified by local conservation authorities.

The following waste management measures are being implemented as required for these materials if generated.

Recyclable materials and materials not accepted at landfills (paper, cardboard, drink containers, wood, scrap steel, paint, metal and tires) arecollected separately for recycling.

There is no burning of wastes generated on the site.

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Agency/Stakeholders

Non-recyclable non-hazardous construction wastes are removed from site for disposal at an approved waste disposal site.

Waste oils and lubricants are stored in a labelled tank or drum and disposed of at a disposal facility approved for receiving liquid industrial wastes. All wastes are properly manifested for transport and disposal.

C.1.47 9.2.47 Acquire all necessary waste management permits / approvals, including Section 27 and Section 46 approvals for the Certificate of Approval sites.

All necessary waste management permits/approvals will be acquired, as necessary.

MTO / MOECC

ARCHAEOLOGY

C.1.48 9.2.48 Complete Stage 2, Stage 3 and Stage 4 archaeological assessments, as appropriate.

Aboriginal and Euro-Canadian archaeological sites have been documented in past DCRs for the Project, which cover the proposed works in DCR #6. 407EDG will obtain concurrence/clearance from the Ministry of Tourism, Culture and Sport (MTCS) for any archaeological assessment work completed prior to any construction activities being undertaken.

MTO / MTCS

C.1.49 9.2.49 Acquire all necessary archaeological approvals.

407EDG and MTO are completing archaeological assessments and will ensure MTCS concurrence/clearance has been received. MTO / MTCS

C.1.50 9.2.50 In the event that deeply buried archaeological remains are found during construction activities, the Heritage Operations Unit of the Ontario Ministry of Culture will be notified immediately.

Should previously unknown or un-assessed deeply buried archaeological resources be uncovered, construction willcease immediately and a licensed archaeologist will carryout an assessment in compliance with Section 48 (1) of the Ontario Heritage Act.

MTO / MTCS


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Agency/Stakeholders

In the event that human remains are encountered during construction, both the Ministry of Culture, and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Government Services, Consumer Protection Branch at (416) 326-8404 or toll-free at 1-800-889-9768 should be contacted immediately.

In the event that human remains are encountered during construction, both the Ministry of Culture, and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Government Services, will be contacted immediately.

An archaeological sensitivity training program has beenimplemented to advise project staff and subcontractors of the protocol, practices and notification procedures should previously unknown or un-assessed deeply buried archaeological resources be uncovered during construction.

BUILT HERITAGE

C.1.51 9.2.51 During subsequent design phases, complete Cultural Heritage Evaluation Reports for all directly affected properties to determine heritage value and specific mitigation measures

Cultural Heritage Evaluation Reports for those directly affected properties have been completed to determine heritage value and specific mitigation measures.Finalized reports can be found in the reference document database at MTO’s Major Project Office.

MTO / MTCS / MUN

C.1.52 9.2.52 Develop a 407 East Built Heritage Relocation Strategy in subsequent design phases.

A Built Heritage Relocation Strategy has been completed by MTO.

MTO / MTCS/ MUN

C.1.53 9.2.53 During subsequent design phases, complete Settlement History Reports for all potentially affected roadways.

Settlement History Reports have been completed by MTO.

MTO / MCL / MUN

C.1.54 9.2.54 Transfer all built heritage mitigation measures into the EMPs. Current measures and Best Management Practices available at the time of construction should be implemented where applicable.

All heritage mitigation measures and BMPs have been transferred into the Heritage EMP and are communicated to contractors through contract specifications and environmental operational procedures for implementation.

The salvage and re-use of materials for commemorative interpretative purposes (mitigation plans) have been

MTO / MTCS


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Agency/Stakeholders

finalized. Six local heritage commemorative sites have been developed for the Highway 407 East Phase 1 Project. DCR # 6 includes the location of the six heritage commemorative sites and provides a synopsis of the main historical characteristics and themes applied at the four 407EDG heritage sites, along with a description of the heritage design elements/features planned as part of the CVP. Heritage commemorative sites (e.g., text for heritage signs/plaques) are currently being finalized in consultation with local municipal representatives in the City of Pickering, Town of Whitby and the City of Oshawa.

The First Nations commemorative design planned at the Simcoe Street Bridge (Structure M53) identified in DCR #2 has been finalized as part of ongoing discussion and dialogue with First Nations and is documented in DCR #6.

The aboriginal commemorative images that have been adopted for the Simcoe Street Bridge, in consultation with the seven First Nations of the Williams Treaties, include Turtle, Medicine Wheel, Seven Feathers, and Braid of Sweet Grass with an Eagle Feather. A graphic rendering of the Aboriginal commemorative images for the Simcoe Street Bridge is displayed in DCR #6.

C.1.55 9.2.55 Acquire all necessary built heritage approvals.

All applicable built heritage approvals have been secured. MTO / MTCS

DRAINAGE / STORMWATER

C.1.56 9.2.56 During subsequent design phases, confirm and finalize the stormwater management design, including pond designs and storm sewer system requirements.

The Detail Design to finalize the location, size and criteria for water quality and erosion control for all stormwater management ponds and storm sewers has been finalizedand has been documented in past DCRs for the Project.

DCR #6 provides further design details on the stormwater

MTO / MOECC / CAs


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Agency/Stakeholders

management ponds for the Project. Detail Design drawings (Plan view) of the stormwater management ponds are contained in Appendix A-4 (DCR #6), with other related cross sectional views and details available on 407EDG’s Project website.


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appendix c-1 summary of ea commitments and compliance … · c.1.5 9.2.5 carry out ongoing...

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