HIGHWAY 404 EXTENSION FROM GREEN LANE TO NORTH OF MOUNT ALBERT ROAD

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1 HIGHWAY 404 EXTENSION FROM GREEN LANE TO NORTH OF MOUNT ALBERT ROAD CLASS ENVIRONMENTAL ASSESSMENT FOR PROVINCIAL TRANSPORTATION FACILITIES GROUP A PROJECT MINISTRY OF TRANSPORTATION CENTRAL REGION TRANSPORTATION ENVIRONMENTAL STUDY REPORT November 2006

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3 THE PUBLIC RECORD Copies of this document have been submitted to the following offices of the Ministry of the Environment to be placed on the Public Record: Central Region Office York-Durham District Office 5775 Yonge Street, 8 th Floor 230 Westney Road South, 5 th Floor North York, ON M2M 4J1 Ajax, ON L1S 7J5 This is also available for review at: The Ministry of Transportation Central Region Building D, 3 rd Floor Planning and Environmental Office 1201 Wilson Avenue Downsview, ON M3M 1J8 Regional Municipality of York Clerk s Department Yonge Street Newmarket, ON L3Y 6Z1 Regional Municipality of Durham Town of Newmarket Clerk s Department Clerk s Office 605 Rossland Road East 395 Mulock Drive Whitby, ON L1N 6A3 Newmarket, ON L3Y 4X7 Township of Brock Township of Uxbridge Clerk s Department Clerk s Department 1 Cameron Street East 51 Toronto Street South Cannington, ON L0E 1E0 Uxbridge, ON L9P 1T1 Town of Georgina Town of East Gwillimbury Clerk s Division Clerk s Department Georgina Civic Centre Leslie Street Civic Centre Road Sharon, ON L0G 1V0 R.R. #2 Keswick, ON L4P 3G1 Ce document hautement spécialisé n'est disponible qu'en anglais en vertu du règlement 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: ou

4 TABLE OF CONTENTS 1.0 THE ENVIRONMENTAL ASSESSMENT PROCESS PROJECT HISTORY APPROVED HIGHWAY 404 EXTENSION CURRENT STUDY Compliance Monitoring Plan (MOE Conditions of Approval 14-17) PURPOSE OF THE TRANSPORTATION ENVIRONMENTAL STUDY REPORT THE ONTARIO ENVIRONMENTAL ASSESSMENT ACT CANADIAN ENVIRONMENTAL ASSESSMENT ACT OVERVIEW OF THE PROJECT PROJECT LOCATION SUMMARY OF KEY DESIGN FEATURES TRANSPORTATION PROBLEMS AND OPPORTUNITIES RELATED /ADJACENT STUDIES AND PROJECTS SIGNIFICANT ENVIRONMENTAL FEATURES (EXISTING CONDITIONS) NATURAL ENVIRONMENT Physical Setting: Physiography and Soils Aquatic: Fisheries and Drainage Terrestrial: Ecosystems, Wildlife and Vegetation Environmental Designations and Applicable Policy Areas SOCIO-ECONOMIC ENVIRONMENT Existing and Future Land Use Aesthetics Noise Utilities CULTURAL ENVIRONMENT Archaeological / Heritage Resources PRELIMINARY DESIGN ALTERNATIVES CROSS-SECTION OF HIGHWAY Initial Construction MAINLINE ALTERNATIVES GREEN LANE TO MOUNT ALBERT ROAD EA Approved Alternative R1000m and R1300m Modified Alternative R1500m and R1700m OVERPASS VS.UNDERPASS AT MOUNT ALBERT ROAD STRUCTURE DESCRIPTION OF THE PREFERRED PRELIMINARY DESIGN CONSULTATION PROCESS MUNICIPAL CONSULTATION AGENCY CONSULTATION FIRST NATION CONSULTATION PUBLIC CONSULTATION Public Information Centre # Public Information Centre # Filing of this TESR POTENTIAL ENVIRONMENTAL EFFECTS, MITIGATION MEASURES AND COMMITMENTS TO FURTHER WORK NATURAL ENVIRONMENT Groundwater Aquatic: Fisheries and Drainage...73 Ecoplans Limited November i-

5 Terrestrial: Ecosystems, Wildlife and Vegetation Stormwater Management and Erosion and Sedimentation SOCIO-ECONOMIC ENVIRONMENT Existing and Future Land Uses Access Issues Aesthetics Noise Air Quality Dust Property Contamination Utilities CULTURAL ENVIRONMENT Archaeological Heritage Resources COMPLIANCE MONITORING SUMMARY OF MITIGATION MEASURES AND COMMITMENTS TO FURTHER WORK CLASS EA PRINCIPLES LIST OF EXHIBITS Exhibit 1-1: Overview of Class EA Process for Group A Projects...22 Exhibit 2-1: Study Area...25 Exhibit 3-1: Aquifer Vulnerability...30 Exhibit 3-2: Natural Environment Features and Site-Specific Mitigation Measures...34 Exhibit 3-3: Sharon Community Plan...37 Exhibit 3-4: Status of Archaeological Assessments...39 Exhibit 4-1: Highway 404 Extension 1997 EA Report Recommended Cross-Section...42 Exhibit 4-2: Highway 404 Extension Recommended 2031 Cross-Section...43 Exhibit 4-3: Highway 404 Extension HOV Cross-Sections...44 Exhibit 4-4: Highway 404 Extension Initial Construction Cross-Section...45 Exhibit 4-5: Alternative Alignments...51 Exhibit 6-1: Proposed Stormwater Management Scheme...84 Exhibit 6-2: Proposed Stormwater Management Scheme Uncontrolled Area Detail...85 Exhibit 6-3: Noise Receiver Locations...90 LIST OF TABLES Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6)...4 Table 1-2: MOE August 2002 Conditions of Approval...16 Table 4-1: Analysis of Cross-Section Alternatives...46 Table 4-2: Evaluation of Cross-Section Alternatives...49 Table 4-3: Analysis of Mainline Alignment Station to Table 4-4: Evaluation of Mainline Alignment Station to Table 5-1: Summary of Agency Meetings...60 Table 6-3: Summary of Sound Level Predictions...92 Table 6-4: Noise Levels with Potential Noise Mitigation...95 Table 6-5: Summary of Environmental Concerns, Mitigating Measures and Commitments to Future Work Ecoplans Limited November ii-

6 APPENDICES Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: Plans, Profiles and General Arrangement Drawings Relevant Municipal Correspondence Agency Correspondence Regarding MOE Conditions of Approval Relevant Agency Correspondence Relevant First Nation Correspondence Public Notification Materials Groundwater Protection Plan and Well Monitoring Program Potential Noise Wall Locations Ecoplans Limited November iii-

7 1.0 THE ENVIRONMENTAL ASSESSMENT PROCESS 1.1. PROJECT HISTORY The Ministry of Transportation (MTO) carried out a provincial route planning and environmental assessment study for the extension of Highway 404 from Davis Drive to Highways 12/48 between 1992 and That study addressed the need and justification, the alternatives to, and route alternatives (i.e. alternative methods). A Route Planning Study and Environmental Assessment Report was prepared and submitted for formal review and approval to the Ministry of the Environment in December Following a formal public and agency review process, MTO received approval under the Ontario Environmental Assessment Act (OEAA) from the Minister of the Environment (MOE) on August 28, 2002 subject to a number of conditions APPROVED HIGHWAY 404 EXTENSION The approved extension of Highway 404 includes 45 kilometres of new four-lane freeway from Davis Drive in Newmarket to Highway 48 east of Pefferlaw. It also includes the twinning from two to four lanes of nine kilometres of the existing Highway 48 to Highway 12 / 48. The section of the Highway 404 extension from Davis Drive to Green Lane (approximately 2 kilometres) with a partial interchange at Green Lane was constructed and opened to traffic in February During the preparation of the provincially approved MTO Route Planning and Environmental Assessment, extensive consultation with external stakeholders occurred, including consultation with federal authorities regarding technical concerns and requirements. The review and approval process included reviews by other provincial departments, federal authorities, municipalities, First Nations, interest groups and the public. The provincial approval of the conceptual route has led to irrevocable decisions and actions on the part of external stakeholders such as municipalities, developers and property owners. Following the approval of the route selection process, the Highway 404 Extension, from Davis Drive to Highway 12/48, was designated as a Controlled Access Highway (CAH) in May This CAH designation is a legal process under the Public Transportation and Highway Improvement Act that ensures that lands within the approved corridor will be protected from development and preserved for future transportation purposes. This means that MTO permits are required for any proposed development adjacent to the Highway 404 Extension CURRENT STUDY A Class Environmental Assessment for Provincial Transportation Facilities Group A projects was initiated for a 13.5 km section of Highway 404 from Green Lane to Woodbine Avenue/Ravenshoe Road. To facilitate the advance construction of the Green Lane Northbound Structure, one TESR (TESR #1 Highway 404 Northbound Bridge over Green Lane, June 2006) was prepared and placed on the public record for a 30 day public review period, which expired on July 15, This TESR (TESR #2 Highway 404 Extension from Green Lane to North of Mount Albert Road, July 2006) has been prepared and placed on the public record for a 30 day public review period commencing November 23, 2006 and ending December 22, 2006). Approval of this TESR by the Ecoplans Limited November

8 Ministry of the Environment will facilitate the advance construction of the Mount Albert Road Overpass structures and the associated grade lowering of Mount Albert Road. A third TESR (TESR #3 Highway 404 Extension from North of Mount Albert Road to Woodbine Avenue/Ravenshoe Road) will be prepared and placed on the public record for a 30 day public review period at the completion of this study. This TESR describes the impacts and mitigation specifically associated with the design for the Highway 404 Extension from Green Lane to north of Mount Albert Road. Key features of the preferred preliminary design include: Controlled access with a cross-section of three lanes in each direction by 2031; Construction of new Green Lane northbound structure; Construction of new ramps at Green Lane to facilitate access to/from the north; 110 metre basic minimum right-of-way with a 26.5 metre rural median; A commuter parking lot located on the north side of Green Lane (east of the Highway); Overpass structures at Mount Albert Road with no provision of access to/from Highway 404; and Lowering Mount Albert Road by approximately 5 metres below Highway 404. Alternative pavement designs will be developed during detail design for deep strength asphalt and jointed concrete pavements. The final pavement design will be determined during contract tendering as part of MTO s alternative bid process. One of the MOE Conditions of Approval (Condition 4) from the 2002 decision (for the entire Highway 404 extension from Davis Drive to Highway 12/48) requires MTO to undertake subsequent design activities in accordance with the requirements of the Class Environmental Assessment for Provincial Transportation Facilities (Class EA). The intent of this requirement was to ensure that the MTO commitments to future work, identified in the 1997 EA Report and the MOE Conditions of Approval, were adhered to during the design process and to allow any refinements to the EA Approved Conceptual Plan to be documented Compliance Monitoring Plan (MOE Conditions of Approval 14-17) Table 1-1 outlines a summary of the commitments made in the 1997 EA Report, how they have been adhered to as part of this TESR, and the requirements for the detail design and construction phases of the project. Table 1-2 provides a similar summary related to the MOE Conditions of Approval. These tables have been developed to fulfill MOE Conditions 14 17, which require the preparation of a Compliance Monitoring Plan (refer to Section 6.4 for more details on these requirements). As discussed in Section 6.4, a separate Compliance Monitoring Plan will be developed during the detail design phase for each individual construction project. As such, the intent of Tables 1-1 and 1-2 is to track all of the commitments made and conditions applied to ensure that these commitments and conditions are adequately met during the preliminary design phase and carried forward to the detail design and construction phases. Ecoplans Limited November

9 This TESR is intended to serve as documentation for all of the commitments made in the 1997 EA Report and the MOE Conditions of Approval that are relevant to the Highway 404 Extension from Green Lane to north of Mount Albert Road. Specifically, it identifies how the commitments and conditions have been addressed as part of preliminary design and outlines the additional work that will be required during the detail design and construction phases of the project. Ecoplans Limited November

10 EA Potential Effects Socio-Economic Environment Property Impacts Displacement and disruption of private property, residences and agricultural operations. Community Mobility Out-of-way travel as a result of highway crossing existing roads. Recreational Trails Severance of existing trails. Noise Increased noise levels. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been EA Proposed Mitigation/ Addressed in this Preliminary Commitments to Future Work Design Study Property impacts compensated at fair market value; consider purchases for those property owners which qualify. Grade separations will be constructed at most roads. Four roads are planned to be closed. Road closures are planned at Farr Avenue, Holborn Road, Glenwoods Avenue and McCowan Road. These roads are discontinuous and carry low volumes. During design, opportunities for accommodating a trail under the Black River Crossing will be examined. Consultation with local snowmobile clubs will occur during design. Detailed noise studies will be carried out during the design phase and appropriate mitigation measures will be determined. Not applicable at the preliminary design stage. Preliminary design of grade separation at Mount Albert Road. Based on discussions with municipalities, it is proposed that Mount Albert Road will be temporarily closed during construction of the grade separation. See Section 4.4 for additional details No permanent road closures within this preliminary design section. No recreational trails are located within this preliminary design section. Mitigation will be developed in subsequent preliminary design assignments for other sections of the Highway 404 Extension to the north. Noise assessment completed for Green Lane to north of Mount Albert Road (see Section 6.2.4). A Noise Assessment Report has been reviewed and accepted by the MOE Regional Director to fulfill MOE Condition of Approval 11 (letter dated October 16, 2006). Requirements at Detail Design and Construction Stages for this Project Will be addressed as part of the property acquisition process during detail design Detail design for Mount Albert Road advance contract will involve identifying appropriate detour routes for Mount Albert Road traffic. The Town of East Gwillimbury has proposed the temporary closure of Farr Avenue, during reconstruction of Mount Albert Road. Details to be finalized during detail design. None During detail design measures will be further developed to address construction noise (see Section 6.2.4). Ecoplans Limited November

11 EA Potential Effects Commercial Displacement Displacement of Quinn s Marine existing showroom and part of waterfront access. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project Consult with Quinn s Marine during the design phase to minimize impacts to the business. Not applicable to this preliminary design section. Mitigation will be developed in subsequent preliminary design assignments for other sections of the Highway 404 Extension to the north. None Displacement of Boadway drilling. Agricultural Impacts Loss of prime Agricultural Land. Impacts to farm vehicle movement. Impacts to tile drainage system. Dust (during construction) and salt spray impacts to tender fruits and vegetables on agricultural lands in proximity to the new facility. Contaminated Sites Excavation of contaminated soils. Transportation Traffic Operations Proposed highway will allow traffic to move more efficiently through study area. Business impacts compensated at fair market value. Grade separations have been provided at most road crossings to allow for farm vehicle movement across the highway. Consultation with affected farm owners will occur during design to assess tile drainage impacts. Continue to research and test alternative deicing material and methods. Include dust control provisions in construction contracts. Opportunities for further impact reduction will be considered during detail design. MOE will be contacted for assistance in handling and disposal of contaminated soils. Monitor traffic volumes on road network; stage construction to meet traffic warrants. Not applicable to this study. Mitigation (grade separations) already incorporated An inventory has been undertaken as part of this preliminary design study Not applicable to this study Mitigation measures have been developed to a preliminary design level of detail (see Section 6.2.5) No potentially contaminated sites were identified in this preliminary design section Construction staging plans have been developed and reviewed with the municipalities. Based on discussions with municipalities, it is proposed that Mount Albert Road will be temporarily closed during construction of the grade separation. Minor disruptions during construction are anticipated. None Finalize design details Details of compensation will be addressed as part of property acquisition process Not applicable Finalize during detail design Consideration of further measures to reduce impacts (see Section 6.2.5) Standard waste management provisions will be included in the contract documents (see Section 6.2.7) Detail design for Mount Albert Road advance contract will involve identifying appropriate detour routes for Mount Albert Road traffic. The Town of East Gwillimbury has proposed Ecoplans Limited November

12 EA Potential Effects Network Compatibility Proposed highway will reduce volumes and improve operations on existing road network. Cost Proposed undertaking estimated to cost approximately $222 million. Natural Environment General Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project (See Section 4.4) the temporary closure of Farr Avenue, during the reconstruction of Mount Albert Road. Detail to be finalized during detail design. Monitor traffic volumes on road network; stage construction to meet traffic warrants. During design, examine opportunities for cost efficiency without increasing impacts. Meet with MNR, LSRCA and DFO at the outset of the design phase to discuss concerns, review/update workplan to current standards, policies, regulations and approval requirements and obtain any new information applicable to the design phase (including CEAA requirements). Construction staging plans have been developed and reviewed with the municipalities. Based on discussions with municipalities, it is proposed that Mount Albert Road will be temporarily closed during construction of the grade separation. Minor disruptions during construction are anticipated. (See Section 4.4) Opportunities for achieving improved cost efficiency without increasing impacts have been investigated. In particular, a Value Engineering workshop was held during preliminary design. Cost efficiencies were then incorporated into the preliminary design of this section of the Highway 404 Extension. Ongoing dialogue has been occurring with these agencies through the preliminary design process for the Green Lane to north of Mount Albert Road section of the Highway 404 Extension. Subwatershed study maps provided by LSRCA have been reviewed. A Stormwater Management Plan has been developed to a preliminary design level of detail and Detail design for Mount Albert Road advance contract will involve identifying appropriate detour routes for Mount Albert Road traffic. The Town of East Gwillimbury has proposed the temporary closure of Farr Avenue, during reconstruction of Mount Albert Road. Details to be finalized during detail design. Consideration of further costefficiency opportunities Ongoing consultation with MNR, LRCA and DFO to finalize design details as required Ecoplans Limited November

13 EA Potential Effects Fisheries and Aquatic Habitat Loss/alteration of fish/pond/wetland habitats and ditch flows. Alteration to drainage channels and ephemeral watercourses. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project Identify design and construction details for the undertaking prior to implementation. Will include: schedule, construction activities, impacts of activities on adjacent lands or watercourses, mitigation to minimize impacts. Appropriate mitigation will be developed during the design phase and will be reviewed with MNR, LSRCA, and the federal agencies to address their concerns and legislative requirements prior to implementation. Bridge and culverts will be designed in a way that: - Maintains the existing channel form or includes a low flow channel where appropriate; - Does not impede fish movement; - Does not place piers within the channel, or are oriented in the direction of water flow to maximize hydraulic efficiency during high flow conditions; - Minimizes erosion and flood risk upstream and downstream of structure; reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 8 and 10. (See Section 6.1.4). Terrestrial mitigation measures have been developed and discussed with MNR staff during the course of the study. MNR has indicated that they are satisfied with the proposed mitigation measures (See Appendix C for relevant correspondence). Not applicable at the preliminary design stage Mitigation measures relevant to the Highway 404 Extension from Green Lane to north of Mount Albert Road have been developed and reviewed by the agencies as part of this assignment (See Chapter 6). MNR has indicated that they are satisfied with the proposed mitigation measures (See Appendix C for relevant correspondence). No impacts to fish habitat are anticipated in this section, as there are no watercourses within the study area crossed by the alignment from Green Lane to north of Mount Albert Road Will be addressed as part of detail design (see Section 6.1.1). Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.3). None Ecoplans Limited November

14 EA Potential Effects Vegetation Impacts including encroachment, edge effects, fragmentation, partial or total removal of a feature and break in wildlife corridor. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project - Utilizes open bottomed culverts in upwelling areas; - Plans that maximize the riparian vegetation protection and the re-establishment as soon as possible after disturbance. Plans that minimize the disruption to natural systems and maintain slope stability. Plans that provide for watercourse realignments in the dry. Timing constraints to restrict construction activities immediately adjacent to or within watercourses to low flow months and that avoid sensitive spawning periods. Contract specifications that require the preparation of sedimentation and erosion control plans. Edge management plans for areas of new disturbance to protect remaining trees and reestablish edge. Salvage of existing native vegetation, seed, and topsoil for re-establishment in identified areas of significant disturbance. Relocation of rare, threatened or endangered plant species. Proposed types of sediment and erosion control measures have been identified (see Section 6.1.4) Edge management locations and design principles have been developed and reviewed and agreed upon with MNR (see Section 6.1.3) A salvage strategy has been developed and reviewed with MNR (see Section 6.1.3) Butternut is present in Units 6 and 7. This is a Species at Risk (now added to Schedule 1) with special management considerations (limited by disease problems, not habitat). Salvage is only recommended from healthy trees. Trees have been inventoried and locations referenced Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.3) Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.3) Incorporate salvage opportunities and management measures into final design details for this section of the Highway 404 Extension(see Section 6.1.3) Ecoplans Limited November

15 EA Potential Effects Wetlands Impacts including encroachment, edge effects, fragmentation, break in wildlife corridor and disruption of the hydrological regime. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project Minimization of disturbance to remaining vegetation by felling trees into the working easement, and leaving stumps and roots for soil stabilization and natural regeneration, and restricting access with fencing to working areas. Maximize forest regeneration opportunities on lands which are surplus to transportation needs as Installation of equalizer culverts to preserve dynamics of wetland hydrology by maintaining sheet flow through the wetland and facilitating wildlife crossing for small mammals and amphibians. by GPS in Units 6 and 7 for further review with MNR at detail design to determine final management measures. General salvage principles have been discussed and agreed upon with MNR. (see Section 6.1.3) Mitigation measures for vegetation protection and management are provided in Section There are no surplus lands identified in this section, as property acquisition has not been completed. MTO does not have the mandate to secure and manage lands for this purpose. However, MTO will explore regeneration opportunities on MTO lands which are surplus to transportation needs within the Highway 404 Extension project limits for mitigation of fragmentation of significant vegetation and to provide linkage to alternate habitat. There are no wetlands in this section of the Highway 404 Extension. A Stormwater Management Plan has been developed to a preliminary design level of detail and reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 8 and 10. (See Section 6.1.4) No special wildlife movement measures are warranted in this section based on the detailed review in the Functional Landscape Assessment Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.3) MTO will explore regeneration opportunities on MTO lands which are surplus to transportation needs within the Highway 404 Extension project limits for mitigation of fragmentation of significant vegetation and to provide linkage to alternate habitat. Finalize design details No dedicated wildlife structures warranted for this section. Ecoplans Limited November

16 EA Potential Effects Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project Delineation of areas to be protected with sediment fences to prevent intrusion during construction. Timing constraints that restrict construction activities immediately adjacent to or within wetlands to respect the intent of the federal Migratory Bird Regulations (MBR) (1994) and Ontario Game and Fish Act (1980). Contract specifications that require the preparation of sedimentation and erosion control plans. Salvage of wetland plant material to be used for re-establishment in identified areas of significant disturbance. Minimization of dewatering within wetlands and irrigation to maximize survival in disturbed areas that will be re-established. Retention of lands which are surplus to transportation needs for the purpose of mitigation by allowing reversion of wetland. report (Ecoplans Limited 2006) and summarized in Section of this TESR. This has been discussed and agreed upon with MNR staff during the course of the study. Proposed types of sediment and erosion control measures have been identified and reviewed with MNR and LSRCA (see Section 6.1.4) No elements of the Maskinonge provincially significant wetland complex are located in this section. Appropriate mitigation for the MBR has been included (see Section 6.1.3) Proposed types of sediment and erosion control measures have been identified and reviewed with MNR and LSRCA (see Section 6.1.4) No elements of the Maskinonge provincially significant wetland complex are located in this section. No elements of the Maskinonge provincially significant wetland complex are located in this section There are no surplus lands identified in this section, as property acquisition has not been completed. MTO does not have the mandate to secure and manage lands for this purpose. However, MTO will explore regeneration opportunities on MTO lands which are surplus to transportation needs within the Highway 404 Extension project limits for mitigation of fragmentation of significant vegetation and to provide Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) MBR Mitigation strategy will be finalized at detail design (see Section 6.1.3) Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) None None MTO will explore regeneration opportunities on MTO lands which are surplus to transportation needs within the Highway 404 Extension project limits for mitigation of fragmentation of significant vegetation and to provide linkage to alternate habitat. Ecoplans Limited November

17 EA Potential Effects Wildlife Loss of potential breeding and foraging areas, as well as migratory stopovers. General loss of habitat. Encroachment resulting in noise, air pollution and contaminated runoff. Disturbance during critical phases of breeding. Barriers to wildlife movement. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project linkage to alternate habitat. Bridge and culvert designs that accommodate terrestrial passage for small mammals at identified locations within specified wildlife corridors. At the Vachell crossing, the highway design remains elevated and permits the installation of a large box culvert with an effective opening (2m X 3m) to maintain wildlife corridor connectivity and which recognizes wildlife requirements for light and a terrestrial base, and facilitates water movement. Other culverts will be installed every 100m or less across the forested area associated with the swamp. Identified crossings fenced with chainlink fence installed below grade to discourage small mammals and turtles and to encourage the use of the culverts. At the Morning Glory Swamp oversize and install a culvert with an effective opening (2m high X 4m wide) to maintain wildlife corridor connectivity and which recognizes wildlife requirements for light and a terrestrial base, and facilitates water movement. Other culverts to be installed every 100m or less across the forested area associated with the A Functional Landscape Assessment (FLA) was undertaken in consultation with MNR. No special wildlife movement measures are warranted in this section based on the detailed review in the FLA report (Ecoplans Limited 2006) and summarized in Section of this TESR. This has been discussed and agreed upon with MNR staff during the course of the study. Mitigation measures for wildlife protection are provided in Section Not applicable to this study. Mitigation will be developed in subsequent preliminary design assignments. It should be noted that a strategy for wildlife crossing mitigation (Functional Landscape Assessment) along the entire Highway 404 Extension has been reviewed and discussed with MNR. This strategy will be developed further in subsequent preliminary design for other sections of the Highway 404 Extension to the north. Same as above No dedicated wildlife structures warranted for this section. Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.3) None None Ecoplans Limited November

18 EA Potential Effects Groundwater Impacts to groundwater quality and quantity. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project swamp. Identified crossings fenced with chainlink fence installed below grade to discourage small mammals and turtles and to encourage the use of the culverts. Restrict clearing of trees immediately adjacent to or within breeding areas for wildlife to non-critical periods. Tiling of soil in non-vegetated areas prior to restoration to re-establish infiltration along access roads, storage areas, or other well traveled areas. Backfilling of excavations that intercept existing ground water flow with porous granular material to maintain existing ground water linkage particularly at river crossings. Detailed stormwater management plans which address both quantity and quality. A well monitoring program. Well abandonment will be carried out in compliance with O.Reg 903; decommissioning of septic systems will be carried out in compliance with O.Reg 358 and Regional Health Units will be consulted. Where possible, trees will be removed along/within the limits of the right-ofway. Tree removals and any necessary pruning will occur prior to the start of the bird-nesting season. If removals are required during the nesting season approvals under the MBCA will be obtained from by Environment Canada. See Section A Groundwater Protection Plan and Well Monitoring Program has been developed to a preliminary design level of detail and reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 9 and 10. The plan includes the commitments outlined in the 1997 EA Report. (See Section 6.1.1) A Stormwater Management Plan has been developed to a preliminary design level of detail and reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 8 and 10. (See Section 6.1.4) Not applicable at the preliminary design stage Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.3) Undertake additional groundwater investigations as identified in Section and ensure monitoring provisions are included in the contract documents Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) Any abandoned wells encountered will be decommissioned in accordance with the appropriate regulations at the time of decommissioning. Ecoplans Limited November

19 EA Potential Effects Stormwater Management Impacts to water quality and quantity to adjacent watercourses. Increase in erosion. Impacts to surface and ground water, including those related to temperature and salt. Cultural Environment Heritage Displacement of built heritage features and cultural landscapes. Disruption of built heritage features and cultural landscapes through isolation, and introduction of visual, audible or atmospheric elements. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project A detailed stormwater management plan will be prepared. Roadside ditches and the centre median will be designed to accommodate highway drainage. Where possible, opportunities for providing ease of containment of accident spills will be provided during the design of stormwater facilities. Historical and architectural research will be undertaken to further assess heritage value and significance; documentation will be undertaken in advance of demolition or relocation and agreement sought on any further mitigation measures. To ameliorate adverse impacts to affected roadscapes, mitigation measures may include: Retention, re-siting and/or replacement in kind of all types of fencing; Retention of substantial deciduous hedgerows associated with affected roadscapes; New ditching to be planted with grass and or marsh plantings. A Stormwater Management Plan has been developed to a preliminary design level of detail and reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 8 and 10. (See Section 6.1.4) Examined as part of Stormwater Management Plan (see Section 6.1.4) Examined as part of the Stormwater Management Plan (see Section 6.1.4) No heritage features are impacted in this section. Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) Incorporate proposed mitigation measures into final design details for this section of the Highway 404 Extension (see Section 6.1.4) None Ecoplans Limited November

20 EA Potential Effects Archaeology Destruction of archaeological remains. Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project Retain a qualified heritage consultant to assess the heritage significance of any newly discovered heritage resources and recommend appropriate mitigation measures. A full-coverage archaeological assessment of the proposed right-of-way. Mitigation of significant archaeological remains will include: - Avoidance of cemetery sites and Iroquoian village sites. - Salvage excavation. Stage 2 Archaeological Assessments have been undertaken for all properties where permission to enter has been provided. Additional Stage 2 assessments will be completed at three properties as a result of minor modifications to the two proposed stormwater management ponds between Green Lane and Mount Albert Road. A fourth property must be investigated (Stage 2) in relation to the proposed commuter parking lot at Green Lane, but it was not possible to obtain permission to enter for this property. Four additional Stage 2 Assessments will be completed on those properties where permission to enter has not been obtained once an access agreement can be reached or once MTO owns the property. A Stage 3 Archaeological Assessment was undertaken at one property. No finds were discovered and therefore the area is considered cleared. All reports will be filed with the Ministry of Culture. MTO undertook consultation with First Nations to discuss the results of the archaeological investigations and appropriate mitigation (see Section 5.3 and Appendix E). Additional Stage 2 and 3 Assessments will be completed when property access is granted (see Section 6.3.1). MTO will continue consultation with First Nations to discuss the results of the archaeological investigations and appropriate mitigation (see Section 5.3 for details). Standard mitigation regarding the recovery of Ecoplans Limited November

21 EA Potential Effects Table 1-1: Proposed Mitigation/Commitments Made in EA Report 1997 (Section 5.6) How Commitment has been Requirements at Detail EA Proposed Mitigation/ Addressed in this Preliminary Design and Construction Commitments to Future Work Design Study Stages for this Project archaeological material/remains will be included in the contract documentation at the detail design stage (see Section 6.3.1) Ecoplans Limited November

22 Potential Effects General Conditions (Conditions 1-5) Traffic Operations (Condition 6) Archaeology (Condition 7) Table 1-2: MOE August 2002 Conditions of Approval How Condition has been Addressed in this Preliminary Design Study Proposed Mitigation/Commitments to Future Work 1. Comply with all provisions of the EA submitted to MOE and all of the provisions of the Conditions of Approval. 2. These conditions do not prevent more restrictive conditions being imposed under other statutes. 3. Advise Director of the Environmental Assessment and Approvals Branch (EAAB) in writing every two years from the date of the approval, the status and scheduling of the overall undertaking, design studies and construction projects including the anticipated date of completion. 4. Comply with the MTO s Class EA for Group A Projects during design and construction. 5. Place TESR and DCRs on the public record at the locations noted in the Conditions of Approval. Current and projected traffic volumes will be reassessed for the Transition Section of the proposed undertaking as identified in section of the EA. At the commencement of individual design studies, a Stage III Archaeological Assessment will be prepared for review and comment by the Ministry of Culture. This table, Table 1-1 and Table 6.5 outline how the provisions of the EA and Conditions of Approval have been addressed as part of this assignment. Comment noted. Those applicable to preliminary design have been addressed MTO advised MOE of the status and scheduling of the Highway 404 Extension in October 2004 and September 2006 (see Appendix C) and will provide future updates to MOE, in accordance with this condition. This document fulfills MTO requirements for preliminary design. This document will be placed on the public record at the locations noted in the Conditions of Approval. The Transition Section is in Brock Township and is not applicable to this preliminary design study. Stage 2 Archaeological Assessments have been undertaken for all properties where permission to enter has been provided. Additional Stage 2 assessments will be completed at three properties as a result of minor modifications to the two proposed stormwater management ponds between Green Lane and Mount Albert Road. A fourth property must be investigated (Stage 2) in relation to the proposed commuter parking lot at Green Lane, but it was not possible to get permission to enter for this property. Four additional Stage 2 Future Work at Detail Design for this Project Similar summaries will be provided during detail design. Comment noted. Other approvals will be obtained during detail design, as required. MTO will provide regular updates to MOE in accordance with this condition. DCR(s) will be prepared during detail design. DCR(s) will be placed on the public record at the locations noted in the Conditions of Approval. None Additional Stage 2 and 3 Assessments will be completed when property access is granted (see Section 6.3.1). Ecoplans Limited November

23 Potential Effects Stormwater Management (Condition 8) Groundwater Protection (Condition 9) Noise (Condition 11) Table 1-2: MOE August 2002 Conditions of Approval Proposed How Condition has been Mitigation/Commitments to Addressed in this Preliminary Future Work Design Study Assessments will be completed on those properties where permission to enter has not been obtained once an access agreement can be reached or once MTO owns the property. A Stage 3 Archaeological Assessment was undertaken at one property. No finds were discovered and therefore the area is considered cleared. All reports will be filed with the Ministry of Culture. MTO undertook consultation with First Nations to discuss the results of the archaeological investigations and appropriate mitigation (see Section 5.3 and Appendix E). At least 90 days prior to anticipated construction, the stormwater management plan identified in section of the EA will be prepared, addressing both water quality and quantity impacts. Regional Director must give written notification of satisfaction with plan. At least 90 days prior to anticipated construction, the groundwater protection plan and well monitoring program referred to in Exhibit 5.10 H, and section or the EA will be prepared. Regional Director must give written notification of satisfaction with plan. Detailed noise report will be prepared and submitted for review to the Director at least 90 days prior to construction. A Stormwater Management Plan has been developed to a preliminary design level of detail and reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 8 and 10. (See Section 6.1.4) A Groundwater Protection Plan and Well Monitoring Program has been developed to a preliminary design level of detail and reviewed with MNR and LSRCA, and reviewed and accepted by the MOE Central Region Director to fulfill MOE Conditions of Approval 9 and 10. The plan includes the commitments outlined in the 1997 EA Report. (See Section 6.1.1) A noise assessment has been completed. It has been submitted to and accepted by the MOE EAAB (letter dated October 16, 2006, see Appendix C). (See Section 6.2.4). Future Work at Detail Design for this Project MTO will continue consultation with First Nations to discuss the results of the archaeological investigations and appropriate mitigation (see Section 5.3 for details) Additional follow up may be required during detail design to fully address this condition of approval (See Section 6.1.4) Additional investigations will be required during detail design to fully address this condition of approval (see Section 6.1.1). Implement mitigation measures (i.e. construction noise mitigation, review opportunities for berming etc). See Section Ecoplans Limited November

24 Potential Effects Sod Swamp/Vachell Swamp Assessment and Functional Landscape Assessment (Condition 12) Table 1-2: MOE August 2002 Conditions of Approval Proposed How Condition has been Mitigation/Commitments to Addressed in this Preliminary Future Work Design Study Commitments outlined in Proponent s August 17/99 letter and attachments, and MNR s October 4/99 letter (items 1, 2 and 3) will be addressed. 1. Prepare a Functional Landscape Analysis (FLA) addressing wildlife passage mitigation, to be reviewed in consultation with MNR The FLA was undertaken for the entire EA Approved alignment to Highways 12/48 and reviewed with MNR to develop an appropriate wildlife movement strategy. Background wildlife information, deer concentration mapping from MNR, other wildlife observations, discussions with road maintenance personnel, review of wildlife collision information, and field observations were integrated in the assessment. Future Work at Detail Design for this Project None in this section. 2. MNR requested that the alignment of the highway be moved northerly as much as possible outside the Vachell and Sod Swamps in the Town of Georgina. 3. MNR requested that an Environmental Impact Study be prepared for the route adjacent to Sod Swamp, with MNR review of the material. 4. In MNR July 23, 2001 correspondence, MNR indicated that special treatments (wildlife mitigation) will be required for the Vachell and Morning Glory Swamp No special wildlife movement measures are warranted in this section based on the detailed review in the FLA report (Ecoplans Limited 2006) and the Preliminary Design Terrestrial Resources report (Ecoplans Limited 2006). This has been discussed and agreed upon with MNR staff during the course of the study. Not applicable for this preliminary design section Not applicable for this section. An Environmental Impact Study will be prepared in subsequent preliminary design assignments. Not applicable for this preliminary design section. None None None Ecoplans Limited November

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