Appendix C-1 Summary of EA Commitments and Compliance … · Assessments related to First Nations finds. MTO continues to offer the opportunity for a First Nations Liaison to work

Appendix C-1

Summary of EA Commitments and

Compliance Monitoring

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

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

I.D. No. Ref. No.* EA Commitment How Commitments Have Been Addressed During Detail Design for DCR #5

Concerned Agency/Stakeholders

GENERAL

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

EMPs have been prepared and are undergoing finalization.

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

MTO / MNR / MOE / MUN / CAs

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

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

MTO

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

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

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

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

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

Ministry of Transportation (MTO), Ministry Natural Resources (MNR), Municipalities (MUN), Department of Fisheries and Oceans (DFO), Conservation Authorities (CAs), Ministry of Tourism Culture and Sport (MTCS)

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http://www.407eastphase1.ca/

APPENDIX C – SUMMARY OF ENVIRONMENTAL EFFECTS, PROPOSED MITIGATION AND COMMITMENTS TO FURTHER WORK



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

The Community Value Plan processes are being further developed in Detail Design phase and will be implemented during construction. Further details of the Community Value Plan will be presented a future PIC and described in a future DCR.

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

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

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

The salvage and re-use of materials for commemorative interpretative purpose is currently being finalized and the final recommended measures will be incorporated into the Community Value Plan and detail design drawings (Landscape Plan) for the Highway 407 East Phase 1.

Arrangements have been made with the contractors and interested parties for removal and extraction of heritage materials. Heritage Salvage in Oshawa was completed (April -May, 2013).

MTO / MUN

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

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

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

MTO / First Nations


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

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

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

MTO / First Nations

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

MTO arranged meetings with First Nations communities to discuss the details related to the First Nations commemorative installations in specific areas. Concepts are being developed based on these discussions and these are being reviewed with the First Nations.

MTO / MTCS / First Nations

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

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

MTO / MMAH / MUN


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HYDROGEOLOGY

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

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

The proposed works are not expected to result in significant permanent dewatering or changes in groundwater due to the limited permeability of the native soils. As a result, the study team does not anticipate significant permanent effects to adjacent private wells, vegetation communities or watercourses.

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

MTO / MOE

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

If a Permit to Take Water is required, Ministry of the Environment (MOE) approval, under the Ontario Water Resources Act, will be secured prior to initiation of construction. A meeting with MOE in regards to PTTWs for the Preject was held on May 06, 2013. Applications for PTTWs have been prepared and presented to MOE for approval.

MTO / MOE


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

From the preliminary assessment conducted at this stage for the proposed work in this DCR, the use of clay or geo-membranes for stormwater management ponds, ditching and outlet channel, as mitigation to address potential groundwater contamination from stormwater runoff during operation of the highway is not required based on the specific soil permeability and groundwater regime examined. Pending further review by geotechnical and hydrogeology specialists, impermeable liners will be installed, where subsurface and groundwater conditions dictate their use for protection of groundwater and private wells.

MTO / MOE

C.1.12 9.2.12 During subsequent design phases, explore the use of permeable sub-base material and groundwater equalization drains for raised fill for the highway through sensitive wetland areas and unconfined aquifers such as the Harmony-Farewell Iroquois Beach Wetland and Maple Grove Wetland Complexes.

From the assessment completed to date, the use of permeable sub-base material and groundwater equalization drains to address potential impacts (interference) to groundwater movement is not required for the proposed works in this DCR.

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

MTO / MOE

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

The highway profile for the proposed works in this DCR has been kept at or above grade where technically feasible in areas where high permeability soils are present at surface in order to avoid potential adverse effects to groundwater.

MTO / MOE


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

The assessment for collecting cold groundwater from deep highway cuts is currently being finalized for the proposed works in this DCR.

Where technically feasible the use of toe drains or subdrains to control the groundwater flow in deep cut areas will be implemented.

MTO / MOE

TERRESTRIAL

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

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

MTO

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

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

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

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

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

MTO / MNR


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

Edge Management Plans will be completed towards the end of Detail Design with some components of the plan implemented during construction in consultation with MNR and CAs. Edge Management Plans for those areas specified will be presented in the Landscape Plan to be documented in a future DCR.

MTO / MNR /CA


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

Continue consultation with MNR during subsequent design phases.

Undertake additional field visits to complete a health assessment of Butternut trees on properties where access was not permitted during the 407 East EA or where there were subsequent design changes that now encroach into vegetation units with Butternut trees not previously assessed or where Butternut trees were assessed after leaf fall began. These vegetation units are C5BR-6, RLAK-1f, THAL-2a, TLAK-3 and WS4-1.

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

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

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

Consultation is continuing with MNR.

Permit under ESA has been secured for Butternut.

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

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

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

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

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

MTO / MNR / CAs


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

An Invasive Species Management Plan is being completed towards the end of Detail Design in consultation with the MNR and CAs. This plan is going to be documented in the Vegetation Restoration Plans and Landscape Plan and described further in a future DCR.

MTO / MNR / CAs

C.1.20 9.2.20 Carry out the salvage of regionally rare plant species where they are confirmed to occur within the ROW, in the following units: CTHI-1, RALK-1a, TWAS-4, TCED-1, TMID-1, TR14-2, TCOL-1, C7DCT-1, C7BES-5, NSOL-4, NCOU-9, NCOU-1, BHAN-11 and BHAN-9.

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

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

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

MTO and 407EDG have provided the relevant information and the opportunity to MNR and CAs to access the ROW in advance of construction so the agencies can salvage rare plant species identified to date.

Field investigations of the subject vegetation units, including the opportunity to salvage rare plants, were completed subsequent to the EA and in Detail Design for Phase 1.

*Note: Wetland seedbank salvage in the northern portion of vegetation unit CGAR- 5 (Segment A4) (west of Thornton Road) will be evaluated prior to its removal to determine if suitable and appropriate plants are present for use in vegetation restoration areas or at stormwater management facilities.

MTO / MNR / CAs Municipalities


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appropriate and feasible.

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


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

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

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

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

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

A Detailed Vegetation Restoration Plans is being prepared as part of final design for the Highway 407 East Phase 1 and as per Condition 18 the MOE Notice of Approval for the Project, and will be documented in a future DCR. The plans and associated specifications are to be included in contract packages for implementation.

Detailed Vegetation Restoration Plans as compensation for vegetation removals and impacts to Species at Risk (SAR) habitat have been developed in consultation with MNR and CAs as part of Detail Design and are currently being finalized. This includes post-construction restoration of valley crossings. Details of Vegetation Restoration Plans for the Project are going to be described in a future DCR.

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

MTO / MNR / CAs


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

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

For works in DCR #5, there are no applicable dedicated wildlife passage structures, however provision for wildlife passage is provided at the four watercourse crossings/natural corridors in this DCR.

MTO / MNR /CAs


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

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

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

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

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

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

Opportunities to minimize the encroachment of the highway into vegetation units have been considered in Detail Design.

At East Duffins Creek valley (Segment A1), alternatives were explored in detail design to avoid direct impacts to the Redside Dace habitat. From this assessment it is possible to eliminate the need for the stream realignment. Avoidance of the stream realignment also reduces the vegetation clearing requirements at the site, which is a designated Area of Natural and Scientific Interest (Duffins Creek Valley Regional Life Science Area).

Limits of vegetation clearing will be restricted to the Highway right-of-way (ROW), and will not include additional areas such as the Transitway.

MTO / MNR / CAs


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

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

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

West Lynde Creek valley (Unit WCOR-1),

Oshawa Creek East valley (Units WRIT),

Tributary to Oshawa Creek East valley (Units WWA),

Farewell Creek valley (TWAS-4),

Wilmot Creek valley (Unit C7DCT-4).

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

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

For works in DCR #5, an Access Management Plan was prepared for Site 19 at West Lynde Creek valley (Unit WCOR-1), associated with Structures M35 and M36.

MTO / MNR /CAs

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

Confirm vegetation composition and wildlife use, assess anticipated effects and develop mitigation measures for four vegetation units (WBR-1, WTHO-1, TLAK-3 and CLEA-2) not accessed during the 407 East EA.

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

MTO / MNR / CAs


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

Additional field investigations were completed to explore opportunities to minimize localized removals of more sensitive vegetation species/communities.

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

MTO

FISHERIES

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

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

MTO / MNR / CAs / DFO

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

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

For works in DCR #5, all watercourse crossings, with the exception of Water Crossing Site 16, require Fisheries Act Authorizations. There are 3 watercourses in this DCR have been classified as regulated habitat for Redside Dace: Lynde Creek Tributary ‘D’ - Watercourse Crossing Site 41B associated with Site 17/41, Lynde Creek Tributary ‘G’ – Watercourse Crossing Site 19 and Lynde Creek Tributary ‘H’ – Water Crossing Site 20. All design and construction at these sites will follow the approved design drawing and be undertaken in accordance with the conditions of the ESA Permit (AU-C-001-11) for the Project.

MTO / DFO / MNR


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

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

There are no stream realignments in DCR #5.

A geomorphologic assessment of channel sections affected by the multi-span structures to determine the need for and the type/design of measures to best achieve the objective of providing long-term channel stability was undertaken following the EA by MTO and was confirmed by 407EDG in Detail Design. In Segment A2 there are no multi-span structures at the watercourse crossing sites, and therefore the commitment to complete a geomorphic assessment is not applicable.

MTO / DFO


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

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

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

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

A Redside Dace Strategy was developed by MTO as part of the Overall Benefit Activities required to secure the Permit under the Endangered Species Act (ESA). As part of this design and permitting process both fluvial geomorphologic and fish habitat aspects at the Lynde Creek Tributaries H and I (Site 20) have been completed.

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

MTO / MNR / DFO


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

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

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

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

For DCR #5, 3 watercourses have been identified as high sensitivity:

• Lynde Creek Tributary ‘G’ (Water Crossing Site 19, Structure M35/M36)

• Lynde Creek Tributary ‘H’ (Water Crossing Site 20, Structure M37)

• Lynde Creek Tributary ‘D’ (Water Crossing Site 41B, Structure W30)

Design elements have been considered in appilicable channel designs, including enhancement of habitat form and function, maintenance of stream length, and re-instatement and enhancement of habitat features (e.g., incorporation of pools and riffles, riparian vegetation), with specific consideration of creating potential rearing and spawning habitat.

In Segment A2, no specific channel stabilization measures for the 4 watercourse crossings were deemed warranted to maintain morphological elements.

MTO / DFO / MNR


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C.1.32 9.2.32 Develop and implement natural channel designs to re-instate the relocated channel sections at those watercourses where required, to maintain natural fluvial processes, with specific attention to re-instatement or enhancement of morphology, substrates and cover.

All designs are to be prepared by appropriate technical experts.

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

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

Natural channel designs have been developed by fluvial geomorphologists and hydrologists, with input from fisheries biologists and landscape architects, to ensure that the specific fish habitat elements and their functions are re-instated and, where possible, enhanced. The stream realignments will be constructed to mimic the existing channel attributes with respect to form (width, depth), function and channel slope. Fish habitat elements, such as natural substrate, pool-riffle morphology, and planting of trees and shrubs to promote shading and reduce erosion, has been implemented throughout the realigned tributaries. A qualified natural channel design contractor with demonstrated experience has been retained to construct all watercourse realignments.

There are no stream realignments proposed in DCR #5. Required stream realignments in Segment A2 were dealt with previously in DCR #4.

MTO / DFO / MNR / CAs

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

The assessments per the MTO/DFO/MNR Fisheries Protocol have been finalized for the watercourse crossing sites in DCR #5 (Sites 16, 19, and 20).

MTO / DFO

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

A Fisheries Contract Specialist is being used during construction of the stream alignments that have Fisheries Act Authorizations to ensure that natural channel designs and fish habitat mitigation and compensation measures are properly implemented.

There are no stream realignments associated with the works in DCR #5

MTO / DFO


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C.1.35 9.2.35 Retain an acceptable natural channel design contractor with demonstrated experience to construct all watercourse realignments.

See I.D. C.1.32 above.

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

There are no stream realignments associated with the works in DCR #5

MTO / DFO

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

Many of the construction activities in this DCR are undertaken simultaneously in an effort to minimize the duration of construction. There are no stream realignments associated with the works in DCR #5. Stream realignment works in Segment A2 were previously addressed in DCR #4.

MTO / DFO


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

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

Field investigations to confirm the location and orientation of stormwater management pond outlets into high sensitivity fisheries watercourses is ongoing as part of Detail Design. Investigations and final locations for pond outlets that discharge to the high sensitivity watercourses will be documented in a future DCR in consultation with the MNR.

MTO / MNR / CAs


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AIR QUALITY

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

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

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

Ambient air monitoring of Nitrogen Oxides (NOx), Particulate Matter (PM) 10 and PM 2.5 is being conducted during construction to assess the effectiveness of mitigation measures, particularly those related to dust control. Specific reference is made to the ambient air quality monitoring currently ongoing at the Brooklin and Cresser Station locations.

MTO / MOE


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NOISE

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

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

If any construction equipment emits noise at levels above the limits in the applicable MOE Model Municipal Noise Control By-Laws (NPC’s), 407EDG will comply with the limits where reasonably possible.

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

MTO

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

Preliminary details with respect to the noise barriers were presented at PIC #3/DCR #3. The final detail design of noise barrier walls will be presented in a future PIC and DCR.

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

MTO / MOE


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LANDSCAPE COMPOSITION

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

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

MTO

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

Landscape planting will be addressed in a future DCR. MTO

AGRICULTURE

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

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

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

MTO

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

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

MTO / MUN / MNR


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WASTE MANAGEMENT AND CONTAMINATION

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

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

MTO / MOE


C.1 – Page 25




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

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

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

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

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

There is no burning of wastes generated on the site.

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

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

MTO / MOE


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

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

MTO / MOE

ARCHAEOLOGY

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

Stage 3 and 4 archaeological assessments are ongoing.

Concurrence/clearance has been and will be secured from the Ministry of Tourism Culture and Sport (MTCS) for any archaeological assessment work completed prior to any mitigation or construction activities, including demolitions or pre-construction grading, being undertaken.

MTO / MTCS

C.1.49 9.2.49 Acquire all necessary archaeological approvals.

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

MTO / MTCS


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

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

Should previously unknown or unassessed deeply buried archaeological resources be uncovered, construction will cease immediately and a licensed archaeologist will carry out an assessment in compliance with Section 48 (1) of the Ontario Heritage Act.

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

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

MTO / MTCS

BUILT HERITAGE

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

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

MTO / MTCS / MUN

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

A Built Heritage Relocation Strategy has been completed by MTO.

MTO / MTCS/ MUN

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

Settlement History Reports have been completed by MTO. MTO / MCL / MUN


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

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

The salvage and re-use of materials for commemorative interpretative purposes (mitigation plans), are currently being finalized. The recommended measures will be incorporated into the Community Value Plan and detail design drawings (Landscape Plan) for the Highway 407 East Phase 1.

There are no First Nations commemorative installations planned for the works described in DCR #5.

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

MTO / MTCS

C.1.55 9.2.55 Acquire all necessary built heritage approvals.

All applicable built heritage approvals have been secured.

MTO / MTCS


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DRAINAGE / STORMWATER

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

The Detail Design to finalize the location, size and criteria for water quality and erosion control for all stormwater management ponds and storm sewers for Segment A2 is being finalized. Typical design drawing of the SWM ponds in Segment A2 is included in Appendix A. Detail Design drawings of the ponds will be documented in a future DCR.

SWM Ponds 41W, 18W, 20W and 20E outlet to Redside Dace (Species at Risk) sensitive watercourses and designs may include thermal mitigation measures to promote cooling of water, subject to the Ministry of Natural Resources review and approval.

MTO / MOE / CAs


C.1 – Page 30

Documents

Appendix C-1 Summary of EA Commitments and Compliance … · Assessments related to First Nations finds. MTO continues to offer the opportunity for a First Nations Liaison to work