highway 407 east phase 1 design and construction report #1 · project name highway 407 east phase 1...

Highway 407 East Phase 1

DESIGN AND CONSTRUCTION REPORT #1

610706-00-6D-RR-CGP-R001_01

January 2013

Project Name Highway 407 East Phase 1

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Client Name: Her Majesty the Queen

Title Page Document Number Rev.

Design and Construction Report #1 1 of 132 610706-00-6D-RR-CGP-R001 01

Public Record Viewing Locations (MOE file number EA-02-07)

This document is electronically accessed at: http:l/www.407eastphase1.ca Copies can also be found at public viewing locations listed below:

City of Pickering: Pickering Clerks Department 1 The Esplanade, Pickering Tel: 905-420-2222

Pickering Public Library - Main Branch 1 The Esplanade, Pickering Tel: 905-831-6265

Town of Ajax: Ajax Clerks Department 65 Harwood Ave. S., Ajax Tel: 905-683-4550

Ajax Public Library - Main Branch 55 Harwood Ave. S., Ajax Tel: 905-683-4000

Town of Whitby: Whitby Clerks Department 575 Rossland Rd. E., Whitby Tel: 905-668-5803

Whitby Public Library - Main Branch 405 Dundas St. W., Whitby Tel: 905-655-6531

City of Oshawa: Oshawa Clerks Department 50 Centre St. S., Oshawa Tel: 905-725-7351

Oshawa Public Library - Main Branch 65 Bagot St. Oshawa Tel: 905-579-6111

Regional Municipality of Durham: Durham Clerks Department 605 Rossland Rd. E., Whitby Tel: 905-668-7711

407 East Development Group: 407 East Expansion - Project Office 400 Dundas St. E., Unit 2. Whitby Tel: 1- 855-463-3109

Ministry of Transportation: Major Project Office, Building "D", 7th Floor 1201 Wilson Ave., Downsview Tel: 416-235-3749

Ministry of Environment: Environmental Approvals Branch 2. St. Clair Ave. W., 12th Floor Toronto Tel: 1-800-461-6290

En Francais: Ce document hautement spécialisé n'est disponible qu'en anglais en vertu du réglement 411/97, qui en exempte l'application de la Loi sur les services en français. Pour de l'aide en français, veuillez communiquer avec le ministère des Transports, Bureau des services en français au: 905- 704-2045 ou 905-704-2046.


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List of Acronyms 407ECGP -407 East Construction General Partnership 407EDG -407 East Development Group BAM -Beta Attenuation Monitor BMP -Best Management Practice CEAA -Canadian Environmental Assessment Act CLOCA -Central Lake Ontario Conservation Authority CN Rail -Canadian National Rail CO -Carbon Monoxide CP Rail -Canadian Pacific Rail CSR -Comprehensive Study Report CVP -MTO Community Value Plan DBFM -Design, Build, Finance and Maintain DCR -Design and Construction Report DFO -Fisheries and Oceans Canada EA -Environmental Assessment EAC -407 East Advisory Committee EIMC -Environmental Inspection and Monitoring Coordinators Enbridge -Enbridge Gas Distribution/Enbridge Pipeline Inc. ESA -Endangered Species Act, 2007 ESCP -Erosion and Sediment Control Plan HADD -Harmful Alteration, Disruption or Destruction (of Fish and/or Fish habitat) IO -Infrastructure Ontario MNR -Ministry of Natural Resources MTAG -Municipal Technical Advisory Group MTCS -Ministry of Tourism Culture and Sport MTO -Ontario Ministry of Transportation NOX -Oxides of Nitrogen NPC -Municipal Noise Control By-Laws OEAA -Ontario Environmental Assessment Act ORM -Oak Ridges Moraine OP -Official Plans PIC -Public Information Centres Project -Highway 407 East Phase 1 Project PTTW -Permit to Take Water QEW -Queen Elizabeth Way RAG -Regulatory Agency Group ROW -Right-of-Way SAR -Species at Risk SO2 -Sulphur Dioxide TRCA -Toronto and Region Conservation Authority TSP -Total suspended particulates


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TABLE OF CONTENTS P.1. PROJECT BACKGROUND AND OVERVIEW ................................................................. 7

P.1.1. 407 East Transportation Corridor .......................................................................... 7P.1.2. Environmental Assessments ................................................................................. 8P.1.3. Phased Implementation ......................................................................................... 8P.1.4. Project Delivery .................................................................................................... 11P.1.5. Current Design Build ............................................................................................ 11

P.2. PROJECT ORGANIZATION & IMPLEMENTATION ...................................................... 13P.2.1. 407 East Development Group ............................................................................. 13P.2.2. 407 East Construction General Partnership ........................................................ 13

P.3. ENVIRONMENTAL ASSESSMENT PROCESS ............................................................. 14P.3.1. Ontario Environmental Assessment Act .............................................................. 15

P.3.1.1. Ministry of Transportation Class Environmental Assessment ................ 16P.3.2. Canadian Environmental Assessment Act ........................................................... 17P.3.3. Other Provincial/Federal Approvals ..................................................................... 18

P.4 PURPOSE OF DESIGN AND CONSTRUCTION REPORTS ......................................... 20P.5 OVERALL CONSULTATION PLAN ............................................................................... 21

P.5.1. Engagement of Stakeholders .............................................................................. 21

P.6. HIGHWAY 407 EAST PHASE 1 DESIGN BUILD AND SUBMISSION PLAN FOR DESIGN AND CONSTRUCTION REPORTS ............................................................................. 241. OVERVIEW OF PROPOSED WORK ACTIVITIES ........................................................ 30

1.1. Proposed Works .................................................................................................. 301.1.1. Over the Full Length of the Highway 407 East Phase 1 and WDL ........ 301.1.2. Within Segments B2 and B3 of the WDL ............................................... 30

2. CONSULTATION PROCESS ......................................................................................... 392.1. Government Agencies and Municipalities ............................................................ 40

2.1.1. Municipal Technical Advisory Group ...................................................... 402.1.2. 407 East Advisory Committee ................................................................ 422.1.3. Regulatory Agency Group ...................................................................... 432.1.4. Utilities Coordination .............................................................................. 45

2.2. Public and Stakeholder Participation ................................................................... 462.2.1. Notifications ........................................................................................... 472.2.2. Public Information Centre #1 ................................................................. 49

2.3. Aboriginal Consultation ........................................................................................ 562.4. Public and Stakeholder Input to Detail Design .................................................... 57


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3. DETAILED DESCRIPTION OF THE RECOMMENDED DESIGN .................................. 583.1. Consideration of Design Alternatives ................................................................... 58

3.1.1. Lynde Creek Tributary – Watercourse Crossings Sites 47, 43 and 97 .. 583.1.2. Rossland Road and Taunton Road Alignments ..................................... 60

3.2. Vegetation Clearing ............................................................................................. 623.3. Major Design Features of Proposed Works Within Segments B2 and B3 of the WDL 62

3.3.1. WDL Plan Between Dundas Street and Highway 7 ............................... 623.3.2. WDL Initial Cross Section ...................................................................... 63

3.4. WDL Structures ................................................................................................... 633.4.1. WDL over Lynde Creek Tributary ‘B’ – Structure W14 .......................... 643.4.2. Rossland Road over Lynde Creek Tributary ‘B’ - Structure W15 ........... 643.4.3. WDL/Rossland Road Bridge - Structure W16 ........................................ 643.4.4. CPR over Lynde Creek Tributary ‘B’ - Structure W18 ............................ 643.4.5. WDL/Canadian Pacific Railway - Structure W19 ................................... 643.4.6. Taunton Road over Realigned Lynde Creek Tributary ‘B’ - Structure W20

............................................................................................................... 653.4.7. Structure W21 – WDL/Taunton Road Bridge ......................................... 653.4.8. WDL over Lynde Creek Tributary ‘B’ - Structure W22 ........................... 653.4.9. WDL/Wildlife Crossing - Structure W23 ................................................. 653.4.10. WDL/Wildlife Crossing - Structure W24 ................................................. 653.4.11. WDL over Lynde Creek Tributary ‘M’ - Structure W25 ........................... 66

3.5. WDL Utilities and Rail Crossings ......................................................................... 663.5.1. Relocations and Coordination by Crossings .......................................... 66

3.6. Drainage Systems and Stormwater Management Plan ....................................... 693.6.1. Recommended Highway Drainage and Outlets ..................................... 703.6.2. Stormwater Management ....................................................................... 713.6.3. Realignment of Tributaries of Lynde Creek ........................................... 73

3.7. Construction Staging, Traffic Management and Road Closures .......................... 743.7.1. Segment B2 of the WDL ........................................................................ 743.7.2. Segment B3 of the WDL ........................................................................ 753.7.3. Halls Road Closure ................................................................................ 76

4. ENVIRONMENTAL IMPACTS, PROPOSED MITIGATION AND COMMITMENTS ..... 784.1. Natural Environment ............................................................................................ 78

4.1.1. Fish and Fish Habitat ............................................................................. 784.1.2. Groundwater .......................................................................................... 854.1.3. Vegetation .............................................................................................. 874.1.4. Wildlife and Wildlife Habitat ................................................................... 91


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4.1.5. Surface Water Protection/Erosion and Sediment Control ...................... 974.1.6. Designated Environmentally Significant Features ............................... 1004.1.7. Species at Risk .................................................................................... 101

4.2. Socio-Economic Environment ............................................................................ 1054.2.1. Provincial and Municipal Policies and Plans ........................................ 1054.2.2. Community Value Plan ........................................................................ 1064.2.3. Land Use .............................................................................................. 1074.2.4. Traffic Staging and Management ......................................................... 1114.2.5. Noise and Vibration .............................................................................. 1124.2.6. Air Quality ............................................................................................ 1144.2.7. Property Contamination and Waste Materials Management ............... 1174.2.8. Landscaping ......................................................................................... 121

4.3. Cultural Environment ......................................................................................... 1224.3.1. Archaeological Resources ................................................................... 1224.3.2. Built Heritage Resources and Cultural Landscapes ............................ 125

4.4. Summary of Environmental Effects, Proposed Mitigation and Commitments to Further Work ................................................................................................................. 128

5. PROJECT MONITORING ............................................................................................. 1305.1. 407EDG Obligations .......................................................................................... 1305.2. Ministry of Transportation of Ontario Obligations .............................................. 1315.3. Environmental Assessment Compliance Monitoring ......................................... 131

LIST OF TABLES Table P.1: Other Permits and Approvals Required Prior to Construction ............................. 19Table P.2: Overall Plan for Design and Construction Reports and PICs .............................. 26 Table 2.1: Summary of Public and Stakeholder Comments from PIC #1 ............................. 52Table 3.1: Description of Lynde Creek Tributary Stream Realignments ............................... 74Table 4.1: Vegetation Removals by ELC Community Series ............................................... 89Table 4.2: List of Materials for Adaptive Re-use ................................................................. 128


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LIST OF FIGURES Figure P-1: Highway 407 East Phase 1 and 2 ........................................................................ 10Figure P-2: 407 East Development Group ............................................................................. 14Figure P-3: Overview of Highway 407 EA Process ................................................................ 16Figure P-4: Highway 407 East Phase 1 Key Plan .................................................................. 25Figures 1-1 to 1-6: Key Design Features - Segments B2 and B3 ........................................ 33 Figure 3-1: Typical Section – West Durham Link ................................................................... 63

LIST OF APPENDICES Appendix A Design Drawings

Appendix A-1 Design Drawings Segment B2Appendix A-2 Design Drawings Segment B3Appendix A-3 Watercourse Realignments

Appendix B Consultation Materials Appendix B-1 Notice of Public Information CentreAppendix B-2 Information Display BoardsAppendix B-3 Submitted Comment FormsAppendix B-4 Notice of Submission

Appendix C Summary of Environmental Effects, Proposed Mitigation and Commitments to Further Work

Appendix C-1 Summary of EA Commitments and Compliance MonitoringAppendix C-2 EA Commitments and AssurancesAppendix C-3 Environmental Effects Monitoring CommitmentsAppendix C-4 MOE Notice of Approval Conditions


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PREFACE

P.1. PROJECT BACKGROUND AND OVERVIEW

In 2007 the Ontario Ministry of Transportation (MTO) in consultation with the Region of Durham, and surrounding municipalities initiated the 407 East Individual Environmental Assessment and Preliminary Design Study (August, 2009) (“407 East Transportation Corridor EA”) under the Ontario Environmental Assessment Act. This study was intended to support the transportation objectives of the provincial Growth Plan for the Greater Golden Horseshoe by providing for the efficient movement of people and goods within the study area.

The need for an east-west freeway, north of Toronto and connecting to Highway 35/115 in Clarington was initially considered in the 1950s and 1960s, and the 407 transportation corridor was included in the Parkway Belt West Plan in 1978. The existing Highway 407 corridor originates at the Queen Elizabeth Way (QEW) in the City of Burlington and terminates at Brock Road in the City of Pickering. To date, planning decisions related to land use and transportation have included the easterly extension of the Highway 407 corridor. Various planning studies were previously undertaken to determine the location of particular segments of the 407 corridor as it exists today. A recommendation for the inclusion of a dedicated right-of-way (ROW) for transit as part of the 407 East Transportation Corridor through Durham Region was also made previously through a variety of studies.

Key areas addressed in the 407 East Transportation Corridor EA included:

To provide a new transportation corridor to address transportation capacity deficiencies;

To provide a comprehensive freeway network through Durham Region to improve mobility, network flexibility and provide an alternative emergency/detour freeway route in Durham Region;

To offer relief to traffic congestion on local roads, as the freeway will provide an alternate route for through traffic;

To meet infrastructure needs to address continued population and employment growth in Durham Region and eastern Greater Toronto Area; and

To allow for better and more efficient transportation and flow of goods between Toronto and eastern Ontario.

P.1.1. 407 East Transportation Corridor The 407 East Transportation Corridor will extend Highway 407 by 50.0 kilometres (km) from Brock Road to Highway 35/115. This includes 2 north-south links of 10.0 km connecting the


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Highway 401 to the proposed 407 Transportation Corridor, with 1 link in West Durham (Whitby) and the other link in East Durham (Clarington).

The ultimate design plan of the project includes:

Ten lanes from Brock Road to Harmony Road and 8 lanes from Harmony Road to the East Durham Link;

Six lanes from the East Durham Link to Highway 35/115, 6 lanes on the West Durham Link (WDL) and 6 lanes on the East Durham Link;

110.0 metre (m) highway ROW and 60.0 m transitway ROW. The highway component includes provisions for High Occupancy Vehicle lanes for passenger vehicles;

Twenty interchanges, 14 road closures, 42 road crossings, 65 stormwater management ponds; and

Two highway maintenance facilities, 2 transitway maintenance facilities, 2 commercial vehicle inspection facilities, 3 truck lay-bys along the links and 17 transitway stations.

P.1.2. Environmental Assessments The 407 East Transportation Corridor EA was captured by both federal and provincial environmental assessment (EA) legislation.

In June 2010, the Ontario Minister of the Environment, under the Ontario Environmental Assessment Act (OEAA), granted approval of the 407 East Transportation Corridor EA.

Shortly afterwards, in July 2011, the Federal Minister of the Environment, under the Canadian Environmental Assessment Act (CEAA), approved the Comprehensive Study Report of the Project and made a decision that the 407 Transportation Corridor is not likely to cause significant adverse environmental effects with the implementation of appropriate mitigation measures.

P.1.3. Phased Implementation The Highway 407 East Transportation Corridor will be implemented in 2 phases by Infrastructure Ontario (IO), in partnership with MTO (“the Province of Ontario”). Please refer to Figure P-1.

Phase 1 (“407 East Phase 1”, “the Project”) is scheduled to start early in 2013 and will be completed by late 2015 and includes 32.0 km of highway from east of the Brock Road interchange in Pickering to east of Harmony Road in Oshawa and the WDL.

Phase 2 of the 407 East Transportation Corridor will be divided in 2 parts. Phase 2A from Harmony Road to Taunton Road/East Durham Link is scheduled to be completed by 2017.


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Phase 2B includes the section from Taunton/East Durham Link to Highway 35/115, and a 10.0 km north-south highway (East Durham Link) connecting Highway 407 East and Highway 401 and is anticipated to be completed in 2020.

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407 East Phase 1 Project




Figure P-1: Highway 407 East Phase 1 and 2

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P.1.4. Project Delivery The implementation of 407 East Phase 1 will occur using an Alternative Finance and Procurement delivery model. The Province of Ontario has awarded the rights to design, build, finance and maintain (DBFM) the Highway 407 East Phase 1 Project for a 30-year concession period to the 407 East Development Group (407EDG). The Province of Ontario will retain control and ownership of the facility and be responsible for the tolling rates and revenue.

DBFM differs from traditional highway design-bid-build projects because both the finalization of the design details and the construction of a project are carried out simultaneously. For aggressive project delivery to the public, the Highway 407 East Phase 1 Project is divided into strategic components and work packages in a manner that allows early parts of the Project to go ahead with construction, while latter parts of the Project are finalizing their design details. This method is advantageous for larger construction projects with a short schedule and makes efficient use of resources to support completion. The Highway 407 East Phase 1 Project will be a new multi-lane tolled highway with staged widening toward the ultimate development for a comprehensive freeway network through Durham Region.

P.1.5. Current Design Build The initial 407 East Phase 1 design-build development stage encompasses transportation layout, community features and environmental impact mitigation measures. Supporting elements, such as drainage, stormwater management, lighting system and signage are also considered.

Transportation Layout

The main line of the Highway 407 East Phase 1 Project is roughly 22.0 km long in total, with 7.4 km of 6-lane east-west freeway from east of Brock Road to the WDL and 12.9 km of 4-lane east-west freeway from WDL to east Harmony Road. Interchanges are found at Lake Ridge Road, Baldwin Street (Highway 7/12), Thickson Road, Simcoe Street and Harmony Road.

The WDL is a 4-lane north-south freeway connecting Highway 407 and Highway 401 with interchanges at Highway 407, Highway 7, Taunton Road, Dundas Street, Lake Ridge Road and Highway 401.

The Highway 401 and WDL Interchange includes a 5.0 km realignment of Highway 401 (6-lane freeway) from east of Salem Road to west of Henry Street, with an interchange at the re-aligned Lake Ridge Road.

Community Features

Considerations for community-focused features are identified in the Community Value Plan and include but are not limited to:


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Enhanced corridor landscaping and aesthetic screening;

Noise mitigation measures;

Gateway features, signage;

Architectural enhancement of bridges;

Local heritage strategies (such as commemorative plantings, signage; adaptive resource use);

Designated wildlife crossings and associated wildlife fencing;

Wetland restoration;

Trails and pathways; and

Aboriginal/community commemorative landscape and bridge architectural elements.

Environmental Impact Mitigation Measures

The EAs conducted for the Project concluded that environmental effects of the undertaking can be appropriately prevented, mitigated or remedied. Mitigation will include noise mitigation, stormwater management and snowdrift control among other identified measures.

Vegetation Restoration will be undertaken to replace the loss of forests and wetlands within the Project lands at 1:1 compensation ratio. The objective of the vegetation compensation will be to restore and/or enhance wildlife and ecological linkages among vegetation communities and promote the re-establishment of self-sustaining terrestrial and aquatic environments, including restoration of Species at Risk (SAR) habitat. In addition, environmental conservation, enhancement and compensation measures will include:

SAR permit requirements, including implementation and monitoring of Overall Benefit Plans for recovery of endangered species (Butternut, Redside Dace, Bobolink, Eastern Meadowlark and Barn Swallow);

Mitigation and documentation of historical aboriginal and early settlement sites;

Remediation of contaminated soil;

Implementation of terrestrial mitigation measures (Edge Management Plans, Invasive Species Management Plan, etc.); and

Design and implementation of fish habitat compensation plans using natural channel principles for stream realignment designs to ensure no net loss of fish habitat, and where feasible, overall enhancement.


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Public Participation

The public has an important role to play during the design and construction phases of the Project. Community input to detail designs required for construction will be solicited at Public Information Centre in 2012 and 2013. Questions, feedback and comments are always welcome.

P.2. PROJECT ORGANIZATION & IMPLEMENTATION

On March 21, 2012, a fixed-price contract between the Province and the 407EDG to DBFM the Highway 407 East Phase 1 Project was signed. This partnership is committed to ensuring that mitigation measures and compliance monitoring are implemented relative to the commitments made during the environmental assessment (EA) process and in subsequent detail design phases. The design and construction of the Highway 407 East Phase 1 Project allows for continued opportunities for stakeholders and the public to be both consulted and informed as the Project develops.

P.2.1. 407 East Development Group The 407EDG team includes designers, builders, financiers and operators who will complete the Project. 407EDG has assumed the responsibility for delivering and complying with all obligations, commitments, and responsibilities stated in the approved provincial and federal EAs, applicable permits, authorizations and approvals that are required to execute the Project. 407EDG consists of 2 companies, Cintra Infraestructuras S.A., a division of Ferrovial S.A, and SNC-Lavalin Inc. (through its division, SNC-Lavalin Capital).

P.2.2. 407 East Construction General Partnership To design and build the Highway 407 East Phase 1 Project, 407EDG has formed and established a “Design-Build Contractor” in the form of a “Joint Venture” company referred to as the 407 East Construction General Partnership (407ECGP). 407ECGP will act as the designers and builders of the Project and are directly responsible for executing construction and will manage the design. 407ECGP consists of a fully integrated team of 2 equity members SNC-Lavalin Inc. through its SNC-Lavalin Construction Division and Ferrovail Agroman S.A. This relationship ensures the highest levels of quality, innovation, and safety for the design and construction of the Project.

407ECGP has retained a design team consisting of 3 companies, Jansen & Spaans Engineering Inc.; AIA Engineers Limited; and SNC-Lavalin Environment (a Division of SNC-Lavalin Inc.). These 3 companies are responsible for the overall highway design, including road and pavement design, structures, utilities, illumination, traffic management, environmental protection and compensation, and components of the Community Value Plan.


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Figure P-2 outlines the project team structure.

Figure P-2: 407 East Development Group

P.3. ENVIRONMENTAL ASSESSMENT PROCESS

The 407 East Transportation Corridor Study was undertaken in accordance with the requirements for an Individual EA under the Ontario Environmental Assessment Act (OEAA) and the requirements of the Canadian Environmental Assessment Act (CEAA), which are described in the subsequent subsections. Both EA processes were coordinated in accordance with the Canada-Ontario Agreement on Environmental Assessment Cooperation.

MTO and 407EDG are committed to ensuring that compliance monitoring of commitments made during both the EAs and subsequent phases, including those related to conditions of permits and approvals, are adhered to. 407EDG in partnership with MTO is maintaining consultation efforts to keep interested parties and First Nations informed of activities, future design stages, and project implementation.


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P.3.1. Ontario Environmental Assessment Act OEAA Purpose

The purpose of the OEAA is to help protect and conserve Ontario’s environment by ensuring that projects subject to the Act follow a planning process leading to environmentally sound decision-making. The intent is to predict the environmental effects of proposed initiatives or projects before they are carried out. A key component of the OEAA and good planning is to ensure that reasonable and meaningful consultation opportunities for members of the public, agencies, First Nations and other key stakeholders are provided throughout the process.

EA Project Phases

The 407 East Transportation Corridor EA followed the requirements of the OEAA under the EA process (Section 6.1 (2) of the OEAA), with the framework for this study set out in the 407 East EA terms of reference approved by the Ministry of the Environment (MOE) in January, 2005.

Six main project phases were examined, as follows:

Project Initiation;

Transportation Problems and Opportunities;

Transportation Alternatives (Alternatives to the Undertaking);

Route Alternatives (Alternative Methods);

Preliminary Design; and

EA Report.

An overview of the EA study process is shown in Figure P-3.


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Figure P-3: Overview of Highway 407 EA Process

Individual Environmental Assessment (IEA) Report

The 407 East Transportation Corridor EA, was completed in August 2009 and submitted to the MOE for review and approval. Approval under the OEAA was granted by the Minister of the Environment in June 2010. The 407 East Individual Environmental Assessment and Preliminary Design Study (August, 2009) (“EA report”), can be accessed at www.highway407east.com.

P.3.1.1. Ministry of Transportation Class Environmental Assessment The MTO Class Environmental Assessment for Provincial Transportation Facilities 2000 (MTO Class EA) is an approved planning document under the OEAA that defines groups of projects and activities and the EA process which MTO commits to follow for each undertaking, under the provision of the OEAA.

Under the MTO Class EA, the 407 East Transportation Corridor is considered a ‘Group A’ level project, due to it being a new provincial transportation facility. Therefore, in accordance with the MTO Class EA, the 407 East Transportation Corridor EA was conducted following the IEA planning process requirements under the OEAA.

The Highway 407 East Phase 1 Project is utilizing the MTO Class EA (Design and Construction Report preparation) in order to document how "Commitments to Future Work and Public


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Participation" as described in the EA report are being addressed prior to the commencement of construction activities.

P.3.2. Canadian Environmental Assessment Act Overview

The CEAA sets out the responsibilities and procedures for carrying out the EA of projects that involve federal government decision-making. Under legislation prior to 2012, the federal EA process applied whenever a federal authority (such as a federal department or federal agency) had a specified decision-making responsibility in relation to a project. This was known as triggering for an EA. There were 2 triggers for the Project, federal lands were required to enable the undertaking to be carried out and the federal government needed to exercise regulatory duties in relation to the undertaking issue a permit or license that is included in the Law List Regulations pursuant to CEAA (i.e., Authorization under the Fisheries Act).

Project Scope

The scope of the Project for the federal EA included the entire 407 East Transportation Corridor development and began as a screening level assessment in May 2008. In March 2010, as a result of the January 21, 2010 Supreme Court of Canada ruling in MiningWatch Canada versus Canada (Minister of Fisheries and Oceans et al.), it was determined that the Project was required to continue to a higher elevated level of assessment, as a Comprehensive Study.

Comprehensive Study Report (CSR)

As part of federal EA process, the public and Aboriginal groups were invited to provide comments on the conclusions and recommendations contained in the Comprehensive Study Report (CSR) prepared for the project. The CSR presents the public, Aboriginal groups and the Canadian Minister of the Environment with the Canadian Environmental Assessment Agency’s analysis, conclusions and recommendations on the fundamental consideration set out in the Act, which is whether or not the Project is likely to cause significant adverse environmental effects.

In July 2011, the federal Minister took into account the implementation of appropriate mitigation measures, and rendered a decision based on the CSR, that the project is not likely to cause significant adverse environmental effects. A follow-up compliance monitoring program to verify the accuracy of the federal EA and/or determine the effectiveness of measures taken to mitigate the adverse environmental effects is required, and will by documented in separate document by 407EDG.


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P.3.3. Other Provincial/Federal Approvals Ontario Endangered Species Act, 2007

Purpose and Project Scope

The Ontario Endangered Species Act, 2007 (ESA) came into force on June, 2008. The Act provides species protection (s.9) and habitat protection (s.10) to those species listed as extirpated, endangered and threatened on the SAR in Ontario List, Ontario Regulation 230/08, issued under the ESA. However, habitat protection for those species listed prior to enactment of the ESA will not be fully instituted until 2013 for all species. At this time, specific habitat protection guidelines are being rolled out by the Ministry of Natural Resources (MNR) for individual species.

Identified Species at Risk

Through several years of natural heritage inventories, it was determined that the construction of the Highway 407 East Phase 1 Project will interact with 5 species and/or their habitat protected under the ESA, including:

Butternut (Juglans cinerea);

Bobolink (Dolichonyx oryzivorus);

Eastern Meadowlark (Sturnella magna);

Barn Swallow (Hirundo rustica); and

Redside Dace (Clinostomus elongatus).

Permits under Section 17(2)(c) of the ESA have been secured by the MTO for the above SAR.

Federal Fisheries Act Authorizations

Affected Watercourses

There are a total of 19 watercourses within the project footprint that will require modification or alteration of fish habitat to facilitate construction of the 407 East Phase 1 Project. These watercourses are located in the watersheds of Duffins Creek, Carruthers Creek, Lynde Creek and Oshawa Creek. The works associated with these watercourses have been determined to result in the harmful alteration, disruption or destruction (HADD) of fish and/or fish habitat and, therefore, will require authorization under the Fisheries Act for channel realignments and/or enclosures along the Highway 407 East Phase 1 corridor.

The 407EDG, on behalf of MTO, will obtain authorizations under subsection 35(2) of the Fisheries Act from Fisheries and Oceans Canada (DFO) for the HADD of fish habitat prior to relevant construction works or activities.


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Other Permits and Approvals

The construction of the Highway 407 East Phase 1 Project will require other permits and approvals from municipal, provincial, and federal departments and agencies. Not all permits are required for each work package. The types of permits, approvals and activities that they apply to are summarized in Table P-1.

Table P.1: Other Permits and Approvals Required Prior to Construction

Permit or Approval Related Requirement Federal National Energy Board Agreement with Trans-Northern Oil Pipeline

(WDL area) and Trans-Canada Gas Pipeline to construct crossings of their oil/gas pipelines.

Canadian Transportation Act Agreement with Canadian Pacific Rail between Rossland Road and Taunton Road on WDL to construct a crossing of its corridor.

Provincial Highway Traffic Act (Designation of Construction Zone)

Construction activities associated with provincial highways.

Ontario Water Resources Act (Permit to Take Water)

Required for dewatering activities exceeding 50,000 liters/day (e.g., to keep excavation areas dry for construction).

Ontario Heritage Act (Clearance) Areas with known archaeological resources, or with archaeological potential, prior to ground disturbance and excavation.

Municipal Noise By-law Exemption – City of Pickering, Town of Whitby, Town of Ajax, City of Oshawa

For construction activities outside permitted hours stipulated in local municipal noise control by-laws.

Road Occupancy Permit

For construction on existing local and regional municipal road ROW.

Road Entrance Permit Required for closing and establishing new entrances on existing municipal roads.


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P.4 PURPOSE OF DESIGN AND CONSTRUCTION REPORTS

In accordance with MTO’s Class EA commitments to future Project work include the preparation of documentation necessary for the Detail Design phase. This is required in the form of a Design and Construction Report (DCR) which documents the development of the Preliminary Design scheme to a design implementation level (referred to as Detail Design). A DCR addresses and documents significant design alternatives generated during the course of Detail Design and the Recommended Plan. It includes a summary of the consultation process during Detail Design, a description of the proposed design features, a summary of environmental investigations conducted during Detail Design, specific environmental issues, mitigation measures and commitments, and commits to monitoring procedures associated with the implementation of a project.

This DCR demonstrates how EA Conditions of Approval have been addressed as applicable to the Highway 407 East Phase 1 work activities described in this report. It is not intended as a mechanism to reopen planning decisions documented in the approved EA report.

DCR Contents

In general, DCRs will include the following information:

Introduction and overview of the Project;

Summary of the proposed design and work activity addressed in the DCR;

Description and results of the consultation program;

The transportation, engineering and environmental issues and how they are being incorporated;

Description of the Recommended Plan, including design alternatives. if applicable;

Description of existing environmental conditions, effects and mitigation measures;

Identification of all project approvals, clearances, licenses and permits that have been or must be obtained prior to construction;

Commitments to future work and monitoring aspects of the Project; and

Supporting technical documentation and selected construction contract package elements.


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P.5 OVERALL CONSULTATION PLAN

The 407EDG has prepared a Community and Stakeholder Consultation Plan (Consultation Plan) which provides a comprehensive approach to consultation that will be flexible, inclusive, and integrated to proactively solicit feedback and input from all stakeholder groups on design and construction. It is a living document and will be reviewed for the relevance in its strategy and application every 6 months.

The Consultation Plan conforms to the requirements set out in the both federal and provincial EA approvals and ensures that the full ranges of topics related to the Project are examined by the public.

The Consultation Plan is be guided by the following principles.

External stakeholders, including external agencies and the public will be notified of the 407EDG’s intention to carry out a study at the beginning of the study, before the 407EDG becomes committed to a particular solution.

Will place emphasis on consultation with the stakeholders most directly affected.

Will provide timely, user-friendly opportunities for input by the public and the agencies whose mandates are most directly affected.

Consultation will be used to assist in the identification of data requirements.

The 407EDG will constructively address input received during the consultation process.

During later planning and design phases, the 407EDG will show how the input received in earlier stages affected the project

The amount, extent and timing of consultation will vary according to the complexity of a specific issue(s), the nature of the specific environmental issue(s), and the concerns expressed by the public and external agencies.

For each consultation event, appropriate methods of notification will be selected based on the nature of the study area, the external parties to be contacted, the stage of the study, and the issues to be addressed.

The 407EDG will make reasonable efforts to resolve concerns. Mediation will be considered for major issues, at key decision points.

P.5.1. Engagement of Stakeholders Consultation with stakeholders will include, but not be limited to, the following groups:

The general public;


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Elected officials and staff of the Regional Municipality of Durham, the Town of Ajax, the City of Oshawa, the Town of Whitby, and the City of Pickering;

Emergency service providers;

Transit providers;

Interested community groups;

Neighbourhood/resident associations and community groups;

Federal and provincial agencies including conservation authorities;

Local business owners;

Individual property owners;

Utility companies;

Aboriginal groups. (Note: Province retains responsibility for Aboriginal consultation and communications); and

All applicable parties listed in Chapter 4 of the 407 East Transportation Corridor EA including: the Municipal Technical Advisory Group; the Regulatory Agency Group, and ad hoc Neighbourhood Issues Advisory Groups.

Consultation with Regulatory Agencies and Municipalities

Consultation with regulatory agencies and municipalities will be undertaken as part of the consultation process for the Highway 407 East Phase 1 Project. This involved the establishment of a Regulatory Agency Group (RAG) and a Municipal Technical Advisory Group (MTAG).

The RAG is comprised of representatives from regulatory agencies with mandates for environmental protection and related approvals. Prospective RAG members include MTO, MNR, MOE, Ministry of Tourism Culture and Sport, Conservation Authorities, DFO, Canadian Environmental Assessment Agency, Environment Canada, Transport Canada, and Natural Resources Canada. The representatives are expected to have the authority to make decisions on behalf of their organizations at the roundtable sessions. Technical meetings with individual agencies may be held outside the RAG forum to address site-specific issues.

The RAG will meet at regular intervals (monthly or as otherwise deemed appropriate) to:

Provide strategic participation by regulatory agency representatives to achieve project implementation objectives (e.g., involvement in development of environmental protection, mitigation and compensatory strategies, plans and designs as prescribed in the EA commitments/conditions of approval);


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Facilitate approvals; and

Provide updates on legislative and regulatory requirements.

At the outset, MTAG will receive information on the overall approach to implementation of the Project; including provisions pertaining to the design, construction, and handover of new municipal infrastructure.

The MTAG addresses matters of interest to municipal engineering, planning, operations and emergency services staff/providers. Information is provided to the group at milestone junctures (outset; proposed design schemes; major construction staging and scheduling). Meetings are generally held to coincide with public information centres (PIC), but may also be convened as required.

It is expected that MTAG members will keep their respective Councils apprised on the Project. The 407EDG with its design and construction, and operations, maintenance and rehabilitation groups, will provide municipal Councils with special purpose presentations in these regards at the request of MTAG members.

Section 2.0 documents the consultation process undertaken for this DCR.

Commitment to Consultation

407EDG and MTO are committed to ongoing engagement with stakeholders and members of the community throughout the design and construction phases of the Highway 407 East Phase 1 Project. The following key messages are specific to the consultation process and are the underlying pillars that will ensure successful engagement of the public and all other stakeholders:

The 407EDG is committed to an open, transparent consultation process;

Everyone’s views will receive consideration; and

If requested, a reply will be provided in a timely manner.

Consultation efforts will ensure that stakeholders and interested community members are aware of the Project throughout design and construction, while mitigating potential negative impacts to the greatest extent possible. The consultation approach and activities planned include:

Consultation related to Design Construction Reports (DCRs);

Consultation through formal groups, including the MTAG, RAG and 407EAC, and with utilities and railway companies;

Consultation through Neighbourhood Issues Advisory Groups to deal with specific issues relating to the Project, such as local traffic disruption, noise or dust; and


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Consultation through additional outreach activities to promote interaction with the general public.

The 407EDG is committed to consultation while maintaining an open and on-going dialogue with the public and all other stakeholders throughout the duration of the Highway 407 East Phase 1 Project.

P.6. HIGHWAY 407 EAST PHASE 1 DESIGN BUILD AND SUBMISSION PLAN FOR DESIGN AND CONSTRUCTION REPORTS

To meet the aggressive completion schedule, construction of the Highway 407 East Phase 1 Project will be initiated using a staged approach and will include a number of discrete but linked work packages, based for the most part on designated “Segments”, with corresponding DCRs. This approach will allow for effective timing of approvals and review of the DCR specific components by stakeholders through the consultation process. The breakdown of the Project by work package Segments for the Highway 407 East Phase 1 Mainline (A1, A2, A3, A4 and A5) and WDL (B1, B2 and B3) are shown in Figure P-4.

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King Street East

Winchester Road East

Rossland Road

Dundas Street EastDundas Street West

Conlin Road

King Street WestKingston Road East

Finch Avenue

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Whitevale Road

Kingston Road

Rossland Road East

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Columbus Road East

Concession Road 6

Concession Road 3

Concession Road 4

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Winchester Road West

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Corbett C

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West O

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Spring Creek

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Lynde Creek

Brougham Creek

Goodm

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Prin

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Ganatsekiagon Creek

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West Oshawa Creek

Lynde Creek

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0 1 20.5km

Highway 407 East Phase 1Key Plan

Date: 2012/12/14 File Number: 0000 Sub Code: 0000

Figure: Rev.:

Ü

P-4

LegendPhase 1 Interchange

Phase 1 Deferred Interchange

Phase 1 Deferred Ramp

6 Lane Section

4 Lane Section

Railway

Roads

Watercourses

Waterbody

REGION OF DURHAM

SEGMENT A-1 SEGMENT A-2 SEGMENT A-3 SEGMENT A-4 SEGMENT A-5

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STATION 13+250

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HIGHWAY 407 EAST PHASE 1

PICKERING

GO Transit / CN Rail

CP Rail Line

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Seven DCRs are anticipated to be prepared to cover the complete 407 East Phase 1 Detail Design and Construction phases. This DCR (DCR #1) is the first in the series of 7 separate DCRs that will focus on various aspects of the design and construction of the Highway 407 East Phase 1 Project. As part of the DCR process, all parties are encouraged to take the time to review all of the DCRs as they become available and provide feedback to the project team.

Table P.2 shows the PICs that are being held to obtain input on proposed design and construction activities in each of the 7 DCRs, and the approximate timing for the release of the DCRs for review. It also details of the proposed construction work activities in each DCR. The consultation program developed for the Highway 407 East Phase 1 Project is further detailed in Section 2 of this DCR.

Table P.2: Overall Plan for Design and Construction Reports and PICs

DCR #

DCR Title and

Project Area Work Addressed

Public Information

Centre

Issue Date for 30-Day

Public Review

1 Segments B2 and B3 – Grading, Drainage, Paving and Structures Segments A1, A2, A3, A4, A5, B1, B2 and B3 - Vegetation Clearing

Vegetation Clearing Structures Earthworks, Drainage and

Grading Stream Realignments CP Rail Detour Construction Staging and Traffic

Management

December 12 and 13, 2012

January 2013

2 Segments A1, A2, A3, A4, A5 and B1 - Structures and Stream Realignments

Structures Stream Realignments Construction Staging and Traffic

Management

January 2013

February 2013

3 Segment B1 - Grading, Drainage, Paving and Structures for WDL and Highway 401 Interchange

Structures Earthworks, Drainage and

Grading WDL and Highway 401 Interchange

Stream Realignments Construction Staging and Traffic

Management Noise Barriers

March 2013 May 2013


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DCR #

DCR Title and

Project Area Work Addressed

Public Information

Centre

Issue Date for 30-Day

Public Review

4 Segments A3 and A4 - Grading, Drainage, Paving and Structures


Grading Stream Realignments Construction Staging and Traffic

Management Noise Barriers

March 2013 May 2013

5 Segments A1 and A5 -Grading, Drainage, Paving and Structures



Management

June 2013 August 2013

6 Segment A2 -Grading, Drainage, Paving and Structures



Management

July 2013 September 2013

7 Segment A1, A2, A3, A4, A5, B1, B2 and B3 - Landscaping Plan and Illumination

Community Value Plan (e.g., trails, gateway features, heritage commemorative sites, etc.)

Landscaping Plan Vegetation Restoration Plans

August 2013

October 2013

Consultation

The 407EDG recognizes that a staged approach to highway construction may be unfamiliar to the public and stakeholders, and therefore is committed to continuously engaging with the public, agencies and all other interested and affected stakeholders throughout the DCR process. For each work package and associated DCR, regulatory agencies, municipalities, First Nations and other potentially affected and interested parties will be provided with an opportunity to review and provide feedback to the project team. The project design and associated environmental measures described in this DCR relate specifically to the works described herein


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and are not binding on the phases of the project to be described in subsequent documents by prepared and filed by 407EDG.

Viewing Locations

This DCR is being made available to the public, regulatory agencies, municipalities, First Nations and other potentially affected and interested parties for a 30-day review period. Following the 30-day review period, construction may commence in accordance with the description provided in this document, contingent upon completion of appropriate consultation and the receipt of any other required approvals, permits and authorizations.

The following recipients will receive a copy of this DCR for the public record and viewing as stipulated in Condition 3 (Public Record) of the Ontario MOE Notice of Approval for the Project:

MTO, Major Project Office, Central Region;

Regional Municipality of Durham, Clerk’s Office;

Town of Whitby, Clerk’s Office;

Town of Ajax, Clerk’s Office;

City of Oshawa, Clerk’s Office;

City of Pickering, Clerk’s Office; and

MOE, Environmental Approvals Branch.

In addition to those listed above, this DCR will also be available for public review at the following locations:

City of Pickering Public Library, Main Branch;

Town of Ajax Public Library Main Branch;

Town of Whitby Public Library, Main Branch;

City of Oshawa Public Library, Main Branch; and

407EDG Project Office.

A copy of this DCR will also be provided for review to:

MOE, Central Region Office;

MOE York-Durham Region Office;

MNR, Aurora District Office;

Toronto and Region Conservation Authority;


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Central Lake Ontario Conservation Authority;

MTCS; and

The DCR, including supporting documentation, can be accessed electronically from the Project website http://www.407eastphase1.ca.

Addenda

If it is necessary to amend the DCR because of unexpected changes in conditions, development of new technologies or mitigation measures, or the identification of previously unknown concerns. Where this is applicable, he 407EDG will discuss proposed changes with the affected party, and if all agree an addendum is not required, then no addendum will be prepared. If an addendum is required, appropriate documentation will be prepared and filed in the Public Record for 30 calendar days.

highway 407 east phase 1 design and construction report #1 · project name highway 407 east phase 1...

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