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Page 1: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Version: December 2006

Environmental Standards and Practices User Guide

MINISTRY OF TRANSPORTATION

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Part of the Environmental Standards and Practices

ISSUED BY: PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE

MINISTRY OF TRANSPORTATION 301 ST. PAUL STREET

ST. CATHARINES, ONTARIO L2R 7R4

For citation and acknowledgements, refer to individual sections.

Comments and Suggestions

The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document. Ce document hautement spécialisé n'est disponsible qu'en anglais en vertue du règlement 411/97, qui en exempte l'application de la Loi sur les services en français. Pour obtenir de l’aide en français, veuillez communiquer avec le ministère des Transports, Bureau des services en français au: 905-704-2045 ou 905-704-2046.

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Ministry of Transportation Title Page and Table of Contents Environmental Standard and Practices User Guide

Dec-06 Page 3 of 4

TABLE OF CONTENTS

♦ Black and bold text denotes separate file

SECTIONS Sub-Sections and Section Appendices

SECTION 1 INTRODUCTION

SECTION 2 FISH AND FISH HABITAT

Appendix 2.A Checklist for Fish and Fish Habitat

SECTION 3 WETLANDS

Appendix 3.A Checklist for Wetlands

SECTION 4 WOODLANDS AND OTHER VEGETATED AREAS

Appendix 4.A Checklist for Woodlands

SECTION 5 WILDLIFE HABITATS AND MOVEMENTS

Appendix 5.A Checklist for Wildlife Habitats and Movements

SECTION 6 GROUNDWATER

Appendix 6.A Checklist for Groundwater

SECTION 7 LAND USE

Appendix 7.A Checklists for Land Use

SECTION 8 NOISE

Appendix 8.A Checklist for Noise

SECTION 9 CONTAMINATED PROPERTY AND EXCESS MATERIALS MANAGEMENT

Appendix 9.A Checklist for Contaminated Property And Excess Materials Management

SECTION 10 BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES

Appendix 10.A Checklist for Built Heritage and Cultural Heritage Landscapes

SECTION 11 ARCHAEOLOGY

Appendix 11.A Checklist for Archaeology

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SECTIONS Sub-Sections and Section Appendices

SECTION 12 SURFACE WATER

Appendix 12.A Checklist for Surface Water

SECTION 13 AIR

SECTION 14 DESIGNATED AREAS

Appendix 14.A Checklists for Designated Areas

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1 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Introduction

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 1 Introduction

Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4 Citation Environmental Standards and Practices User Guide, Section 1: Introduction, December, 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead author was Clark Gunter. This document was developed under the direction of the Environmental Standards Project (ESP) Team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP Team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s Head and Regional Offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 PREFACE.............................................................................................................................................5 2 ABOUT THIS DOCUMENT..................................................................................................................6

2.1 PURPOSE OF THIS DOCUMENT ........................................................................................................6 2.2 OBJECTIVES OF THIS DOCUMENT ....................................................................................................6 2.3 THE AUDIENCE FOR THIS DOCUMENT ..............................................................................................6 2.4 THE ROLE OF OTHER DOCUMENTS IN THIS DOCUMENT ....................................................................7

2.4.1 Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance....................................................................................8 2.4.2 Class Environmental Assessment for Provincial Transportation Facilities (Class EA) ...........8 2.4.3 Environmental Reference for Highway Design (ERD) ............................................................8 2.4.4 Environmental Reference for Contract Preparation (ERCP)...................................................8 2.4.5 Environmental Guides .............................................................................................................8 2.4.6 Engineering Standards and Documents .................................................................................9

2.5 ABOUT THE REFERENCING SYSTEM USED IN THIS DOCUMENT..........................................................9 3 ENVIRONMENTAL IMPACTS...........................................................................................................10

3.1 FOOTPRINT IMPACTS ....................................................................................................................10 3.2 INTERFERENCE IMPACTS ..............................................................................................................11 3.3 EMISSIONS IMPACTS.....................................................................................................................11 3.4 CONSIDERATIONS ........................................................................................................................11

4 GUIDING PRINCIPLES TO ADDRESSING ENVIRONMENTAL IMPACTS ....................................13 4.1 HIERARCHY OF ENVIRONMENTAL PROTECTION ..............................................................................13

4.1.1 Avoidance / Prevention .........................................................................................................13 4.1.2 Control / Mitigation ................................................................................................................14 4.1.3 Compensation/ Enhancement ...............................................................................................14 4.1.4 Environmental Monitoring During Construction.....................................................................14

4.2 OTHER PRINCIPLES......................................................................................................................15 4.2.1 Balancing Environmental Protection Considerations with Transportation Engineering and Safety Considerations ........................................................................................................................15 4.2.2 Multi-disciplinary Approach ...................................................................................................15 4.2.3 Plan for the Ultimate Facility..................................................................................................15 4.2.4 Consider Facility Maintenance and Rehabilitation ................................................................15

LIST OF FIGURES Figure 2.4.1 Illustration of MTO’s Environmental Documents, and Other Standards and Documents...7

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1 PREFACE

This User Guide is intended to document potential environmental impacts that are both typical and important and the associated regulatory requirements, considerations and procedures for avoiding, minimizing, mitigating or offsetting those impacts in the design and construction of transportation projects. The User Guide:

• defines various potential typical and important environmental impacts associated with transportation projects;

• relates those impacts to legislative and other requirements; • outlines the management options for avoiding, minimizing, mitigating or

compensation and enhancement the impacts; • provides references for the management options; and • provides limitations and considerations to those options.

The sections are organized by environmental factor as follows:

• fish and fish habitat • wetlands • woodlands and other vegetated areas • wildlife habitats and movements • groundwater • noise • land use • contaminated property and excess material management • built heritage and cultural heritage landscapes • archaeology • surface water • air • Designated Areas

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2 ABOUT THIS DOCUMENT

Environmental management during the design and construction of transportation projects requires a multi-disciplinary approach that includes transportation engineering, watershed hydrology, geotechnical engineering, landscape architecture, contaminated soils investigation, hydrogeology, terrestrial ecology, fisheries and aquatic ecology, erosion and sediment control, noise analysis and cultural heritage evaluation. It also requires comprehensive methodologies that involve data collection, analysis, integration, formulation of design, and documentation.

2.1 Purpose of this Document

This document provides guidance to managing environmental impacts of transportation projects in transportation project design.

2.2 Objectives of this Document

This document will provide information to: • strengthen environmental management on transportation projects; • consider the use of alternative and cost effective avoidance, minimization, or off-

set techniques; • ensure easy access to and consistent consideration of techniques across all

MTO regions of the province; • provide a “road map” to relevant MTO and Regulatory Agency documents; and • ensure that MTO regulatory concerns are addressed in a consistent and

comprehensive manner.

2.3 The Audience for this Document

The document is intended to assist all members of multi-disciplinary transportation project design teams, regulatory agencies and the public by:

• providing a common understanding of issues; • facilitating communication with each other; • clarifying terms in the environmental documentation prepared for transportation

projects; such as “standard contract provisions”; and • providing a road-map to MTO environmental and other documents.

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2.4 The Role of Other Documents in this Document

This User Guide is procedural in nature and makes reference to numerous documents. Figure 2.4.1 is an illustration of the links to other environmental documents and to MTO’s engineering standards and documents. Figure 2.4.1 Illustration of MTO’s Environmental Documents, and Other Standards and Documents

Engineering Standards and

Documents

Environmental Reference for

Contract Preparation

Environmental Guides

Environmental Reference for

Highway Design

Class Environmental Assessment for

Provincial Transportation

Facilities

Environmental Protection

Requirements

User Guide

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2.4.1 Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance

To clarify its environmental requirements, MTO synthesized over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. MTO interpreted how each is applied to transportation planning and transportation project design, construction, and operation and maintenance activities and developed the Environmental Protection Requirements.

2.4.2 Class Environmental Assessment for Provincial Transportation Facilities (Class EA)

The Class EA is an approved planning document that defines groups of projects and activities and the environmental assessment (EA) processes which MTO commits to following for each of these undertakings.

2.4.3 Environmental Reference for Highway Design (ERD)

The ERD addresses environmental assessment issues and requirements relating to preliminary and detail design transportation projects. The ERD outlines staff qualifications and the scope of work, as well as specific timing and documentation requirements to be conducted for each environmental specialty area. Section 3 - Technical Requirements for Environmental Impact Study and Environmental Protection / Mitigation provides guidance on the process and procedures for the assessment of environmental factors during transportation project design.

2.4.4 Environmental Reference for Contract Preparation (ERCP)

The ERCP provides guidance, in a standard format, to design teams on how to approach environmental concerns for a list of factor-specific or construction activity-specific topics to meet the Environmental Protection Requirements. Designer Notes contained in each factor or activity specific section identify the environmental concerns and best practices for avoiding, minimizing and mitigating impacts in construction, as well as providing a cross-reference to related Ontario Provincial Standard Specifications and MTO Standard Special Provisions.

2.4.5 Environmental Guides

There are several environmental guides at MTO: • Environmental Guide for Fish and Fish Habitat • Environmental Guide for Contaminated Property Identification and Management • Environmental Guide for Built Heritage and Cultural Heritage Landscapes • Environmental Guide for Noise • Environmental Guide for Patrol Yard Design • Environmental Guide for Wildlife in the Oak Ridges Moraine

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• Environmental Guide for Erosion and Sediment Control during Construction of Highway Projects.

These guides provide some of the technical references for this document.

2.4.6 Engineering Standards and Documents

There are several engineering standards, manuals and other documents published by MTO and referenced in this User Guide including:

• Drainage Design Standards • Drainage Management Manual • Electrical Engineering Manual • Geometric Design Standards for Ontario Highways • Ontario Provincial Standards for Roads and Municipal Services • Roadside Safety Manual • Structural Manual • Structure Rehabilitation Manual.

This guide also makes reference to the Canadian Highway Bridge Design Code (CAN/CSA-S6-00) published by the Canadian Standards Association (CSA). These standards provide the technical references for engineering design for this document. The engineering design of transportation projects within the jurisdiction of the MTO is based on and reflects the principles and procedures identified in MTO’s engineering standards and documents. The development of environmental management options must be consistent with the approach outlined in these documents.

2.5 About the Referencing System Used in this Document

Keywords or terms are defined in MTO’s Environmental Glossary.

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3 ENVIRONMENTAL IMPACTS

The MTO’s Class EA categorizes environmental impacts as follows:

• “footprint”; • “interference”; • “traffic access modification”; • “emissions”; • “timing”; and • combinations of the above.

These are discussed under the following headings:

• footprint impacts; • interference impacts; • emissions impacts; and • considerations.

3.1 Footprint impacts

Footprint impacts (to the area and its features) are caused by physical intrusion of the transportation facility into adjacent lands, waterbodies, etc.

Most environmental features have boundaries beyond which no impact to the feature is likely to occur. These boundaries are determined by the environmental systems that support the features and functions that make the site unique or worthy of protection. The extent of impact to an environmental feature is usually proportional to the degree to which the transportation project and its associated infrastructure intrude into these boundaries.

For some features the boundaries of concern are the exact boundary of the feature (e.g., an archaeological site). For other features, lands adjacent to the boundaries provide functional support to the feature. For example, some of the wildlife in a wetland depends upon the adjacent vegetation.

For some features, size is significant. For example, certain bird species (interior wood species) require a minimum sized wooded area to provide acceptable habitat. Reducing the wooded area or severing it into two smaller areas can make it unacceptable as habitat.

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3.2 Interference Impacts

Interference impacts (to the area and its features) are caused by obstruction by the transportation facility to the flow patterns of fish and wildlife passage, water flow, light transmission, traffic and pedestrian access, etc.

Natural flow patterns are the linkages that maintain the environment in a balanced and healthy state. For example, groundwater flow pattern can be important to sustaining the critical hydrological conditions in a wetland. If the groundwater flow is disrupted then the water balance in the wetland may be altered thus affecting the health and long-term viability of the wetland. Similarly, a transportation project that severs the linkage between two components of a species’ habitat may jeopardize the survival of that component of the wildlife population. This is true for both terrestrial and aquatic species. Migratory fish that are prevented from travelling upstream to spawn due to a poorly designed culvert will have its survival threatened. Similarly salamanders that are prevented from moving from an upland area to a wetland for breeding or over wintering cannot survive. Therefore it is important to sustain environmental flow patterns to significant environmental features.

Traffic and pedestrian access impacts are caused by the closure or redirection of access to or from a property, neighbourhoods, commercial areas, etc.

3.3 Emissions Impacts

Emissions impacts (to air, water, soil, and utilization of same) are caused by the release or escape from the transportation facility of noise, dust, sediment, chemicals, odours, light, etc. These can have acute effects on plants and animals as well as causing changes to species composition and diversity. As well, there can be health, nuisance and land-use (like farming) impacts to humans.

3.4 Considerations

The severity of the above impacts is influenced by time and proximity. Time The severity of the above impacts are influenced by their duration and timing. Duration: impacts have a duration of days, weeks, months or longer (i.e., permanent). In general terms, the longer the duration, the more severe the impact.

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Timing: impacts have a time when they occur (e.g., the clearing of trees in the first two weeks of July). In considering severity of impacts, timing of an impact is an important consideration as the following examples illustrate:

• impacts to some fish and bird species will be reduced by conducting work within seasonal windows when the species are not present; or,

• traffic access modification impacts may be minimized by performing work at night.

Proximity The severity of some impacts is related to the distance the facility is from sensitive receptors. For example, the intensity of noise from a transportation project is decreased as distance from it increases. Therefore changing the closeness of the transportation project to sensitive land-uses can affect the nature and intensity of the impact.

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4 GUIDING PRINCIPLES TO ADDRESSING ENVIRONMENTAL IMPACTS

4.1 Hierarchy of Environmental Protection

There is a wide range of environmental protection measures used to address potential environmental impacts. The approaches to environmental protection are categorized in MTO’s Class EA document, in order of decreasing preference, as follows:

• avoidance/prevention; • control/mitigation; • compensation / enhancement; • environmental monitoring during construction; and • combinations of the above1.

These are discussed below.

4.1.1 Avoidance / Prevention

The way to ensure the greatest degree of protection for an environmental feature is to avoid impacting the feature. Avoidance / prevention means essentially keeping away from environmentally sensitive areas by locating (siting) or reducing the size (footprint) of transportation project elements such as the alignment or interchanges. Because of the number of competing interests that must be taken into account during the planning and design of transportation projects, it is not possible to avoid all impacts. Decisions regarding avoidance of features can include the significance and sensitivity of the feature and the ability (and cost) to mitigate and/or compensate. For example:

• groundwater flow intercepted by a transportation project can be impossible to mitigate;

• contaminated property such as old landfills can be very expensive to remediate; and

• habitat for rare species can be impossible to replace.

1 Regulatory agencies may use the above terms differently but the idea is the same. For example, the Environmental Assessment Best Practice Guide for Wildlife at Risk in Canada (Environment Canada, 2004) has the following definitions:

Mitigation: The elimination, reduction or control of the adverse environmental effects of the project; includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means (Canadian Environmental Assessment Act s. 2). Three mitigation options are generally recognized:

o Avoidance: elimination of adverse effects, through siting or design o Minimization: reduction or control of adverse effects through modification or implementation under

special conditions (e.g., timing of activities, buffers around nesting areas) o Compensatory mitigation: replacement of unavoidably lost species or habitat

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4.1.2 Control / Mitigation

It is not possible or even practical to avoid all impacts. Therefore, the project team has the challenge of incorporating measures into the design of the facility that will reduce (i.e., control) the extent of impact on the environment. The following are three examples to illustrate the point:

• The impact on an unavoidable woodlot has been minimized by altering the transportation project alignment so as to maximize the size and quality of the portion of the woodlot retained.

• The intensity of the noise impact on a noise sensitive area will be lessened by increasing the distance from the transportation project.

• Bridge structures have been used to minimize disruption to significant valley systems and fish and fish habitat by spanning the sensitive watercourses and valleys.

Measures can be taken to mitigate the residual environmental impacts2 that remain after control measures have been used. The extent of these measures will be proportional to the environmental significance of the feature to be affected and the ability to reasonably mitigate the residual impacts. Noise walls are an example of measures used to mitigate residual environmental impacts.

4.1.3 Compensation/ Enhancement

Compensation refers to the provision of “equivalent” environmental features. For example, MTO has created fish habitat as compensation for fish habitat loss caused by the transportation project. Enhancement refers to the provision of features that are an improvement over previous environmental conditions.

4.1.4 Environmental Monitoring During Construction

Monitoring during construction refers to the supervision of construction activities by a qualified person. In construction, a Contact Administrator is retained by MTO to ensure the contract specifications are met including environmentally-related constraints and items. Additional monitoring and reporting may be undertaken to meet specific project requirements or authorizations.

2 Residual environmental impacts are those effects that remain after measures have been taken to avoid or minimize impacts, also referred to as residual effects. While this document is only concerned with negative impacts, some impacts can be positives. An example of a positive impact would be the re-establishing of riparian vegetation where none was previously present.

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4.2 Other Principles

4.2.1 Balancing Environmental Protection Considerations with Transportation Engineering and Safety Considerations

The primary goal of MTO is to provide safe and efficient transportation facilities. Therefore although efforts will be made to protect the environment when establishing new or expanded transportation systems, engineering standards must be maintained to preserve transportation safety.

4.2.2 Multi-disciplinary Approach

Environmental considerations should be developed with a consultative approach by environmental professionals having appropriate training and experience. Guidance on the qualifications of appropriate specialists can be obtained from MTO’s Environmental Reference for Highway Design.

4.2.3 Plan for the Ultimate Facility

It is important to consider the ultimate transportation facility (upon full build-out) in developing mitigation in the present3. Future potential impacts of the ultimate facility need to be properly understood and reflected in the development of mitigation for the proposed transportation project. For example, it may be inappropriate to invest considerable energy to protect an environmental feature during the design of a 4-lane transportation project if the feature will be completely removed when the transportation project is expanded to 8 lanes in the future.

4.2.4 Consider Facility Maintenance and Rehabilitation

The design of transportation project elements can have considerable impacts on the cost of maintaining and rehabilitating transportation facility over its life, and should take into consideration maintenance and rehabilitation issues, such as winter maintenance.

3 The configuration of the transportation project on full build-out is based on what is reasonably foreseeable at the time of planning the transportation project.

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2 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Fish and Fish Habitat

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 2

Fish and Fish Habitat Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 2: Fish and Fish Habitat, December, 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter, Anne MacMillan and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION ......................................................................................................................... 5 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE..................................................................... 5

2 FISH AND FISH HABITAT CONCEPTS..................................................................................... 6 3 INCORPORATING FISH AND FISH HABITAT ASSESSMENT AND MITIGATION INTO THE

TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS ........................ 8 4 MAIN REQUIREMENTS AND GOALS..................................................................................... 10 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS............................................. 11

5.1 ENCROACHING UPON FISH HABITAT.............................................................................................. 12 5.1.1 Cause ................................................................................................................................... 12 5.1.2 Potential Effects.................................................................................................................... 12 5.1.3 Environmental Management Options................................................................................... 13

5.2 INCREASE IN QUANTITY AND RATE OF SURFACE WATER RUNOFF ................................................... 17 5.2.1 Cause ................................................................................................................................... 17 5.2.2 Potential Effect ..................................................................................................................... 17 5.2.3 Environmental Management Options................................................................................... 17

5.3 CHANGE IN GROUNDWATER HYDRAULIC REGIME........................................................................... 18 5.3.1 Cause ................................................................................................................................... 18 5.3.2 Potential Effect ..................................................................................................................... 18 5.3.3 Environmental Management Options................................................................................... 18

5.4 DISCHARGE OF IMPACTED WATER (SEDIMENT AND CONTAMINANTS) DIRECTLY OR INDIRECTLY TO FISH HABITAT ....................................................................................................... 19

5.4.1 Cause ................................................................................................................................... 19 5.4.2 Potential Effect ..................................................................................................................... 19 5.4.3 Environmental Management Options................................................................................... 20

6 CHECKLIST .............................................................................................................................. 21 LIST OF FIGURES Figure 3.1. An Example of How Fish and Fish Habitat Protocol Process is Integrated

into the Transportation Project Design and Construction Process ........................................9 Figure 5.1.1. Encroaching upon Fish and Fish Habitat: Opportunities for Intervention by

Management Options...........................................................................................................14 LIST OF TABLES Table 5.1. Potential Environmental Impacts on Fish and Fish Habitat by Design

Activity and Construction......................................................................................................11 Table 5.1.1. Environmental Management Options for Encroaching Upon Fish Habitat ..........................15 APPENDICES

APPENDIX 2.A: CHECKLIST FOR FISH AND FISH HABITAT

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to fish and fish habitat. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding fish and fish habitat. Sub-section 3 - presents the project design and construction process and how fish and

fish habitat assessment, mitigation and compensation are incorporated in that process.

Sub-section 4 - presents the main requirements and goals based on the applicable Environmental Protection Requirements.

Sub-section 5 - presents typical impacts to fish and fish habitat associated with transportation project design and construction; sub-sections 5.1 to 5.4 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring fish and fish habitat issues have been adequately addressed.

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2 FISH AND FISH HABITAT CONCEPTS

Defining fish habitat Fish Habitat is any component of an aquatic system that provides any one of the following:

• Cover: Cover provides areas for escape from predators, competitors and high flows. Numerous forms of cover exist including substrate, woody debris, undercut banks and even deep water.

• Food: Fish require food in adequate amounts to survive and reproduce. The type and amount of food produced is dependent upon the substrate and riparian characteristics of the watercourse.

• Reproduction: Fish require adequate substrate and water quality for successful reproduction.

• Water quality: Most species have specific temperature ranges in which they can live. Changes to riparian vegetation and width to depth ratio can alter watercourse temperatures. The introduction of sediment, pesticides or any other deleterious substances degrades water quality.

• Migration routes: Fish often travel great distances within a watercourse for both spawning and feeding. Any activity or structure that blocks migration can detrimentally affect fish populations.

Defining fish Fish “includes (a) parts of fish; (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals.” Fisheries Act, 1998. Defining the sensitivity of fish and fish habitat For purposes of this document, ‘sensitivity’ means the resilience or robustness of both fish and fish habitat, considering their relative rarity, importance, and related species-habitat dependencies. Fish species can and have adapted to widely ranging environmental conditions, and can adapt to a certain amount of change or stress. However, when conditions change beyond their tolerance, both individual species and populations experience stress (DFO 2005). Individual species exhibit different levels of tolerance to stress. Similarly, different fish habitats exhibit varying tolerance or resilience to impacts. Therefore, the same activity can have a greater effect if it occurs in more sensitive fish habitat than it would if it occurred in less sensitive habitat. The Environmental Guide to Fish and Fish Habitat outlines five relative levels, or categories, of sensitivity of fish and fish habitat:

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• Rare - the most highly sensitive extreme including Species at Risk • Highly Sensitive • Moderately Sensitive • Low Sensitivity • Not Fish Habitat - the least sensitive extreme represents areas that are not

considered fish habitat.

Common attributes used for assessing the sensitivity of fish and fish habitat include: • Species Sensitivity - Sensitivity of species to change in environmental

conditions, such as suspended sediments, water, temperature or salinity. • Species' Dependence on Habitat - Use of habitat by fish species. Some

species may be able to spawn in a wide range of habitats, while others may have very specific habitat requirements.

• Rarity - The relative strength of a fish population or prevalence of a particular type of habitat.

• Habitat Resiliency - The ability of an aquatic ecosystem to recover from changes in environmental conditions. The flow and thermal regimes of the system as well as its physical characteristics are important considerations in describing freshwater ecosystems.

Assessing fish and fish habitat Section 3.1 of MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of fish and fish habitat.

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3 INCORPORATING FISH AND FISH HABITAT ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

Fisheries and Oceans Canada is primarily responsible for the protection of fish and fish habitat supported by the Ontario Ministry of Natural Resource. The MTO/DFO/OMNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings was developed to ensure that fish and fish habitat receive the appropriate level of recognition and protection while enabling transportation projects to proceed in a timely and cost-effective manner. The Protocol documents:

• The roles and responsibilities of MTO, DFO and OMNR; • The process for assessing the risk of MTO projects resulting in the harmful

alteration, disruption, destruction (HADD) of fish or fish habitat; • Project notification procedures and timelines; • The process for development of a compensation plan and acquisition of a

Fisheries Act Authorization (if required); • Emergency works procedures and spill response; • Quality assurance and quality control program; • Protocol implementation team terms of reference for issue resolution between

agencies; • Précis of related protocols guidelines and environmental documents; • Agency contact list; and • Glossary.

See MTO’s Environmental Guide for Fish and Fish Habitat and the MTO/DFO/OMNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings, User Field Guide for more information. In terms of integrating to the transportation project design phases, the following figure illustrates how the fish and fish habitat assessment, mitigation and compensation process may be integrated into a transportation project design and construction process.

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Preliminary Design Detail Design

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

DCR Prepare Contract Package and Award Construction Contract

Determine Study Area (3.1.1 ERD) Gather Background Data (3.1.2 ERD) Field Investigations (3.1.3 ERD).

Determine Significance (3.1.4 ERD) Assess impacts of alternatives (3.1.5 ERD) Determine HADD (3.1.5 ERD).

Analysis* Mitigation Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Develop mitigating measures (3.1.6 ERD) Develop compensation strategy (3.1.6 ERD).

Update / confirm assessment of impacts for alternatives including construction (3.1.5 ERD) Confirm HADD determination (3.1.5 ERD).

Analysis*

Update Background Data (3.1.2 ERD) Update Field Investigations, if required (3.1.3 ERD).

Data Collection* Mitigation

Develop mitigation and compensation measures (3.1.6 ERD).

Existing Conditions Report, Impact Assessment Report; Project Notification Forms: 1 “No HADD” or Form 2 “HADD”; Compensation Strategy; and Project File for Fish and Fish Habitat (3.1.7 ERD).

Design and Construction Report (DCR); Compensation Plans; Contract Package (drawings provisions etc.); and Project File for Fish and Fish Habitat (3.1.7 ERD).

Documentation Documentation

Construction Inspection Checklist; Non-Compliance Summary and Construction Report.

Documentation

Monitoring

Contract Administration Fisheries Contract Specialist as required

Post-construction Report.

Documentation

Monitoring

Monitoring as required by the Fisheries Act Authorization

Environmental Assessment Process

Construction Post-construction

Figure 3.1 An Example of How Fish and Fish Habitat Protocol Process is Integrated into the Transportation Project Design and Construction Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 2.A summarizes the EPR’s that typically are applicable to fish and fish habitat for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purpose of this document, three types of typical potential environmental impacts are defined below. Sub-sections 5.1 to 5.4 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the potential impacts that specific design and construction activities can have on fish and fish habitat and identifies the relevant sub-sections dealing with these impacts.

Table 5.1 Potential Environmental Impacts on Fish and Fish Habitat by Design Activity and Construction

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

al

ignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/ Ac

cess

Roa

ds

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Encroaching upon fish habitat X X X X X X X X X 5.1 Increase in quantity and rate of surface water runoff

X X X X X X X X X 5.2

Change in groundwater hydraulic regime X X X X X X X X 5.3

Discharging impacted water (sediment and contaminants) directly or indirectly to fish habitat

X X X X X X X X X 5.4

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The sub-section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impacts. For example: Interchanges can encroach upon fish habitat. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Encroaching Upon Fish Habitat

5.1.1 Cause Improvements addition (new lanes, etc.) and new transportation projects often cross streams and rivers (watercourses). A structure (bridge or culvert) used to cross a watercourse can encroach upon the riparian area and the watercourse itself. As well, the location of transportation project elements such as inter-changes, lanes, temporary / permanent access roads, and traffic barriers can encroach upon the riparian area and the waterbody. (lake, ponds, streams and rivers).

During construction, working in and around the waterbody can cause:

• changes to the channel or shoreline (such as by isolating the work area); • changes to the flows (such as from dewatering to stabilize excavations); • erosion of exposed soils, banks and beds, and the resulting sedimentation;

and • contamination of water from storage, use and waste of products such as fuels,

sand blast media and concrete.

5.1.2 Potential Effects The encroachment of a transportation facility upon a waterbody can have the following effects:

• For watercourses, the channel morphology, and subsequently the flow characteristics, substrate composition, and bank stability at the crossing as well as up and down stream can be changed.

• For lake and ponds, the infilling of the shoreline and/or use of structures can destroy fish habitat and change shoreline morphology. This can lead to altering the flow characteristics of the lake water along the shoreline. These, in turn, can change in the shoreline morphology, substrate composition, aquatic vegetation and shore stability around the area.

In terms of fish passage, the above can also become new barriers: thermal (lack of shade), physical, chemical and flow.

In terms of fish habitat, the above can result in the harmful alteration, disruption or destruction of fish habitat (HADD), reducing habitat quality through changes in:

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• sediment dynamics; • suspended sediment concentration; • thermal regime; • nutrient regime; • food supply; • water quality; • habitat quantity;

o habitat area,

o habitat features,

o cover,

o structure,

• flow; o dewatering leading to stranding,

o velocity barriers.

During construction, working in and around the waterbody can cause a variety of impacts including:

• an increase in erosion and sedimentation from disturbing the bank, bed or shore of a waterbody;

• channel restrictions stranding fish, or fish being directly harmed in the pumping equipment when areas of the waterbody are temporarily isolated and dewatered to stabilize excavations;

• damage to fish and fish eggs or other effects from the compressive shock wave when explosives are used; and/or

• damage to fish and/or contamination of fish habitat from the spill of fuels and lubricants from equipment.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop signs symbols. Table 5.1.1 provides details regarding each management option number referenced in the Figure. The strategies and practises can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Encroaching upon Fish and Fish Habitat: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

2

Encroaching upon waterbodies / riparian areas

3

8

4

Legend:

Number refers to Management Option in Table 5.1.1

6

Erosion of and sediment from exposed

banks and soils

Loss of riparian vegetation

Temporary Permanent

7

Change in channel or shoreline morphology /

hydraulics

Temporary

5 Release of contaminant

during construction

See Section 9- Contaminated

Property & Excess

Materials Management

4

See Potential Effects

Interference with fish passage

Temporary Permanent

5

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1

2

3

4

Table 5.1.1 Environmental Management Options for Encroaching Upon Fish Habitat Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid fish habitat. Note: To protect the features and functions of fish habitat and riparian vegetation, a vegetated buffer1 is usually needed. The extent of buffer will need to be determined on a project-specific basis and/or may be recommended by Federal or Provincial agencies or based on municipal approaches.

MTO Environmental Guide

for Fish and Fish Habitat.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Select location to areas where habitat has low sensitivity.

MTO Environmental Guide

for Fish and Fish Habitat.

Limited ability to relocate some elements (like alignment) in the design stage.

Maintain fish passage and reduce the loss or modification of habitat through crossing designs that retain the vegetation, form and processes of the waterbody including :

• structure type (bridge or culvert) • structure design: type of bridge or culvert,

sizing of culverts, location of bridge footing, etc.

• Minimize fill placement into waterbodies through, for example, increased embankment slopes

MTO Environmental Guide

for Fish and Fish Habitat.

For structures, the main design references include:

• Drainage Design Standards;

• Drainage Management Manual

• Structural Manual; and

• Canadian Highway Bridge Design Code (CAN/CSA-S6-00).

Hydrological, geotechnical, bridge and other design considerations can restrict where these options can be used.

Manage products, fuels, waste and excess materials during construction: Properly manage the storage, use and disposal of products, fuels, waste and excess materials near the waterbodies.

MTO Environmental

Reference for Contract Preparation Section 8 -Management of Products, Fuels, Waste and Excess Materials.

1 A buffer is a vegetated zone located between natural resources and adjacent areas that are subject to human alteration (Castelle et al. 1994). Other treatments, such as berming and fencing, can constitute physical (separation) buffers that may or may not be associated with a vegetated buffer. “Adjacent lands” are identified in the Provincial Policy Statement as “those lands contiguous to a specific natural feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objective”. These adjacent lands identify the zone in which impact review and determination of buffer requirements is warranted. Buffers and other treatments are management measures designed to reduce/mitigate impacts.

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7

Possible Management Options References Considerations

Protecting fish and fish habitat during in-water works: Manage dewatering, temporary crossing, etc. and other in-water works to minimize impacts to fish and fish habitat by:

• restricting operations to times where fish are not present (timing restrictions);

• maintaining minimums flows; • managing dewatering flows; • putting screens on pump intakes; and • rescuing fish stranded in isolated work areas

MTO Environmental Guide

for Fish and Fish Habitat.

Environmental Reference for Contract preparation Section 3 - Protection of Water and Fisheries Resources.

Use Erosion and Sediment Control including: restricting equipment access, isolating work areas with, for example, turbidity curtains, covering exposed soils, bank protection, etc.

MTO Environmental Guide

for Erosion and Sediment Control During Construction of Highway Projects.

Restrict Access / Restore temporarily disturbed areas:

• Restrict the access of equipment to preserve riparian vegetation.

• Use a riparian planting plan and consider maximizing the retention and reuse of original vegetation and topsoil during stabilization and revegetation. To retain and reuse original vegetation and topsoil, a salvage and reuse strategy is developed that includes: required removal, storage, handling and placement locations and practices. The strategies should include direction to contractors regarding stripping, stockpiling and reusing the soil and seedbank as part of right-of-way stabilization and vegetation.

MTO Environmental Guide

for Fish and Fish Habitat

Environmental Reference for Contract preparation Section 3 - Protection of Water and Fisheries Resources.

Replacement / Compensation Compensation for lost habitat within the Right-

of-Way or in other areas. MTO Environmental Guide

for Fish and Fish Habitat

Environmental Reference for Contract preparation Section 3 - Protection of Water and Fisheries Resources.

Compensation for the loss of fish habitat may not always be possible, especially in areas involving rare fish or fish habitat.

6

8

5

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5.2 Increase in Quantity and Rate of Surface Water Runoff

5.2.1 Cause The location of transportation project elements such as interchanges, lanes, temporary/access roads, bridges and culverts, will modify ground cover and topography, changing the surface water drainage patterns of the area including infiltration and storage of stormwater.

5.2.2 Potential Effect Changes in surface water flows can result in blockage to fish passage and harmful alteration, disruption or destruction of fish habitat by:

• reduced flows causing dewatering of areas leading to: o changes in migration / access to habitats; and o displacement or stranding of fish.

• increased flows causing bank erosion and channel scour leading to changes in: o sediment concentrations; o habitat structure and cover; o substrate composition; and o food supply.

5.2.3 Environmental Management Options Section 12 - Surface Water of this User Guide contains the management options for increases in quantity and rate of surface water run off.

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5.3 Change in Groundwater Hydraulic Regime

5.3.1 Cause The interception of groundwater and decreased surface permeability can decrease the quantity of groundwater. Interception of Groundwater The excavation of the ground can intercept the natural flow path of groundwater. This can occur in any excavation but is prevalent in a “cut” (excavating down through a hill or higher part of land to reduce the slope of, for example, a highway). The construction of transportation project elements such as foundations, sewer pipes, tunnels, or bridges may require dewatering. Dewatering includes the pumping of water from an excavation to keep it free of water during construction in order to stabilize the ground and provide a safe working environment. Decreased Groundwater Recharge The development of or improvement to transportation facilities (such as inter-changes and additional lanes) can result in increased impervious areas and reduced water infiltration into the ground. In groundwater recharge zones, the result is an overall decrease in groundwater quantity.

5.3.2 Potential Effect Groundwater interception/reduction, depending on the extent and location, can change the thermal regime (i.e., increasing water temperatures) and flow regime (i.e., reducing flow) of waterbodies. This may lead to loss of habitat and flow and temperature barriers.

5.3.3 Environmental Management Options Section 6 - Groundwater of this User Guide contains the management options for changes in the hydraulic regime of groundwater.

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5.4 Discharge of Impacted Water (Sediment and Contaminants) Directly or Indirectly to Fish Habitat

5.4.1 Cause The construction and operation of a transportation facility can degrade stormwater quality due to:

• The increase in sediment from: o exposed soils and increased erosion during construction; o bank erosion from increased flows; and o operation of the transportation project.

• The increase in contaminants from: o hydrocarbons, heavy metals and other contaminants from spills and

other sources from the operation of the transportation facility; and o salt and other anti-icing materials used during winter maintenance.

• The increase in water temperature due to warming from paved surfaces and stormwater management facilities.

Groundwater quality can become degraded during the construction and operation of a facility through:

• existing groundwater and/or soil contamination that can be mobilize towards down-gradient receptors through construction activities (such as excavations);

• environmental and geotechnical subsurface investigations (e.g., boreholes, wells, etc.) and abandoned wells2 can create pathways for contaminants to enter groundwater;

• accidental spills from equipment (e.g., fuels, oil, grease) or other materials used in construction can infiltrate to the groundwater;

• use, storage and handling of de-icing / anti-icing chemicals (primarily salt), which can infiltrate directly into the groundwater or via stormwater run-off; and

• accidental vehicle spills during the operation of the facility, which can infiltrate directly into the groundwater or via stormwater run-off.

5.4.2 Potential Effect The discharge of sediment-laden stormwater can reduce water quality and can in-fill habitat, thereby affecting aquatic species. The discharge of contaminated stormwater to fish habitat may adversely affect the aquatic plants and fish. In groundwater supported habitat, poor groundwater quality can be harmful to the aquatic plants and fish.

2 Abandoned wells refer to wells that have not been decommissioned and sealed to prevent contamination of groundwater.

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5.4.3 Environmental Management Options Section 6 - Groundwater and Section 12 - Surface Water of this User Guide contain the management options to address the discharge of impacted water (sediment and contaminants) directly or indirectly to fish habitat.

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6 CHECKLIST

Appendix 2.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 2.A: Checklist for Fish and Fish Habitat

See Separate File

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2 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 2.A Checklist for Fish and Fish Habitat

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Con

stra

ints

and

O

ppor

tuni

ties

Map

Exis

ting

Con

ditio

ns

Rep

ort

Impa

ct A

sses

smen

t R

epor

t

Pro

ject

Not

ifica

tion

Form

1 “N

o H

AD

D”

Pro

ject

Not

ifica

tion

Form

2 “H

AD

D”

Com

pens

atio

n S

trate

gy /

Pla

ns

Mon

itorin

g R

epor

ts

Pro

ject

File

TES

R2

DC

R3

Con

tract

Futu

re C

omm

itmen

t1

PROJECT SCOPE

1. Was the Fish and Fish Habitat Speciality identified in the Request for Proposals?

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

2. Were fish and fish habitat identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Has the relevant existing background fish and fish habitat information for each waterbody been determined and mapped?

4. Have field investigations of fish and fish habitat been conducted in the spring and summer?

5. Have habitat maps, photographs, field collection records and fish community forms been completed for areas of detailed assessment?

Background Data and Field Investigations

6. Have habitat maps, photographs and fish community forms been completed for areas of general assessment?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Con

stra

ints

and

O

ppor

tuni

ties

Map

Exis

ting

Con

ditio

ns

Rep

ort

Impa

ct A

sses

smen

t R

epor

t

Pro

ject

Not

ifica

tion

Form

1 “N

o H

AD

D”

Pro

ject

Not

ifica

tion

Form

2 “H

AD

D”

Com

pens

atio

n S

trate

gy /

Pla

ns

Mon

itorin

g R

epor

ts

Pro

ject

File

TES

R2

DC

R3

Con

tract

Futu

re C

omm

itmen

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7. Have barriers to fish migration, areas sensitive to impacts from siltation, erosion or stormwater transport, potential compensation opportunities and the presence of upstream or downstream activities which may affect the fish and fish habitat in the study area been identified?

8. Where channel realignments and / or the use of complex in-stream habitat structures is anticipated, has a fluvial geomorphic assessment been conducted?

Determination of Significance

9. Has the sensitivity of the fish and fish habitat been determined?

10. Has encroachment upon fish and fish habitat been considered?

11. Has an increase in quantity and rate of surface water discharge into fish habitat been considered?

12. Has changing the groundwater hydraulic regime of fish habitat been considered?

Assessment of Impacts

13. Has discharging impacted water (sediment and other contaminants) directly or indirectly into fish habitat been considered?

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Ministry of Transportation Section 2: Fish and Fish Habitat Environmental Standards and Practices User Guide Appendix 2.A: Checklist

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Documented in:

Project Activity or Compliance Requirement

App

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(Y/N

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14. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of

construction?

(c) Highway operation/maintenance? 15. Is the information collected adequate

to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation

16. Has a preliminary mitigation strategy been completed?

17. Has a detailed mitigation strategy been completed?

COMPLIANCE

Environmental Protection Requirements4

FISH-1 18. Crossings of a waterbody that

provide fish habitat shall not be a new barrier to fish movement.

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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FISH-2

19. If a transportation project construction must proceed during a period when fish are moving between different areas of their habitat, their safe passage shall not be restricted for an unreasonable amount of time.

FISH-3

20. Fish screens etc. shall be installed and maintained on any water intake withdrawing water from any waterbody that contains fish.

FISH-4

21. Any area of a waterbody containing fish that is temporarily isolated shall be inspected for the presence of fish, and all fish shall be captured and released unharmed in adjacent fish habitat beyond the barriers.

FISH-5

22. Fish shall not be harmed in any manner unless authorized by Fisheries and Oceans Canada or Ministry of Natural Resources in accordance with a valid Scientific Collectors Permit.

FISH-6

23. The harmful alteration, disruption or destruction (HADD) of fish habitat is not permitted unless authorized by Fisheries and Oceans Canada. Where HADD is authorized, appropriate compensation shall be developed to ensure no net loss of the productive capacity of the habitat.

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FISH-6

24. Destruction of any part of the critical habitat of any listed endangered or threatened aquatic species is not permitted.

FISH-8

25. Where the use of explosives is required, they shall be used in such a manner as to ensure no harmful effects to fish occur.

FISH-9, 10 & 11

26. Substances harmful to fish and/or their habitat shall not be deposited in water frequented by fish. If a substance (including sediment) is released and/or deposited, it shall be reported to the appropriate agencies, and all reasonable measures to remedy the situation shall be undertaken as soon as possible.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

Environmental Protection Requirements for projects in Designated Areas:

Various

27. Have the special considerations for Designated Areas been addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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3 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Wetlands (Terrestrial Ecosystems)

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 3 Wetlands

(Terrestrial Ecosystems) Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 3: Wetlands (Terrestrial Ecosystems), December, 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter, Geoff Gartshore and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION .............................................................................................................................6 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE...................................................................... 6

2 WETLAND CONCEPTS..................................................................................................................7 3 INCORPORATING WETLANDS ASSESSMENT AND MITIGATION INTO THE PROJECT

DESIGN AND CONSTRUCTION PROCESS .................................................................................8 4 MAIN REQUIREMENTS AND GOALS.........................................................................................10 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS.................................................11

5.1 ENCROACHING UPON A WETLAND.................................................................................................. 13 5.1.1 Cause ....................................................................................................................................13 5.1.2 Potential Effect ......................................................................................................................13 5.1.3 Environmental Management Options....................................................................................13

5.2 CHANGING THE SURFACE WATER BALANCE OF WETLANDS ............................................................. 17 5.2.1 Cause ....................................................................................................................................17 5.2.2 Potential Effect ......................................................................................................................17 5.2.3 Environmental Management Options....................................................................................17

5.3 CHANGING THE GROUNDWATER BALANCE OF WETLANDS ............................................................... 20 5.3.1 Cause ....................................................................................................................................20 5.3.2 Potential Effect ......................................................................................................................20 5.3.3 Environmental Management Options....................................................................................20

5.4 DISCHARGING IMPACTED WATER (SEDIMENT AND CONTAMINANTS) DIRECTLY OR INDIRECTLY TO WETLANDS ............................................................................................................ 23

5.4.1 Cause ....................................................................................................................................23 5.4.2 Potential Effect ......................................................................................................................23 5.4.3 Environmental Management Options....................................................................................23

6 CHECKLIST ..................................................................................................................................26 7 REFERENCES ..............................................................................................................................27

LIST OF FIGURES Figure 3.1 Example of How the Assessment and Mitigation of Wetlands are Integrated into the

Transportation Project Design and Construction Process.................................................. 9 Figure 5.1.1 Encroaching upon a Wetland: Opportunities for Intervention by Management Options...14 Figure 5.2.1 Changing the Surface Water Balance of Wetlands: Opportunities for Intervention by

Management Options........................................................................................................18 Figure 5.3.1 Changing the Groundwater Balance of Wetlands: Opportunities for Intervention by

Management Options........................................................................................................21 Figure 5.4.1 Discharging Impacted Water (Sediment and Other Contaminants) Directly or Indirectly to

Wetlands: Opportunities for Intervention by Management Options ..................................24

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LIST OF TABLES Table 5.1 Potential Environmental Impacts to Wetlands by Design Activity.....................................12 Table 5.1.1 Environmental Management Options for Encroaching Upon a Wetlands ........................15 Table 5.2.1 Environmental Management Options for Managing Changes to the Surface Water

Balance of Wetlands .........................................................................................................19 Table 5.3.1 Environmental Management Options for Changes to Groundwater Balance of Wetlands

..........................................................................................................................................22 Table 5.4.1 Environmental Management Options for Discharging Impacted Water Directly or

Indirectly to Wetlands........................................................................................................25

APPENDICES

APPENDIX 3.A: CHECKLIST FOR WETLANDS

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to wetlands. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding wetlands. Sub-section 3 - presents the project design and construction process and how wetland

assessment and mitigation is incorporated in that process. Sub-section 4 - presents the main requirements and goals based on the applicable

Environmental Protection Requirements. Sub-section 5 - presents typical wetland impacts associated with transportation project

design and construction; sub-sections 5.1 to 5.4 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring that wetland issues are adequately addressed.

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2 WETLAND CONCEPTS

Wetland means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens (Provincial Policy Statement 2005). Periodically soaked or wet lands being used for agricultural purposes, which no longer exhibit wetland characteristics, are not considered to be wetlands for the purposes of this definition. Wetlands are evaluated for significance (provincial or local significance) using the Ontario Wetland Evaluation System (OWES – southern and northern edition) prepared by the Ministry of Natural Resources (MNR). The evaluation is completed either by MNR staff or by certified wetland evaluators who have completed the wetland evaluation training course. MNR has the final responsibility for identifying and classifying evaluated wetlands and wetland complexes. Wetlands have “status” according to the following:

• Provincially Significant – evaluated under the OWES and identified by MNR as provincially significant based on the final evaluation score. The Provincial Policy Statement, under the Planning Act, identifies the protection of provincially significant wetlands (PSW) from site development and alteration. Linear facilities are assessed under the Provincial Environmental Assessment (EA) Act and must consider PSWs and other factors in the evaluation.

• Locally Significant – evaluated as locally significant based on the wetland scoring under the OWES. Protection is encouraged under the Planning Act.

• Unevaluated – wetland is not currently evaluated under OWES and therefore has no provincial status at present.

Assessing Wetlands Section 3.2 - Terrestrial Ecosystems of MTO’s Environmental Reference for Highway Design details MTO’s expectations for undertaking an assessment of wetlands.

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3 INCORPORATING WETLANDS ASSESSMENT AND MITIGATION INTO THE PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how wetlands assessment and mitigation may be integrated into the project design and construction process.

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Figure 3.1. Example of How the Assessment and Mitigation of Wetlands are Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.2.4 ERD) Assess impacts of alternatives (3.2.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.2.1 ERD) Gather Background Data (3.2.2 ERD) Field Investigations (3.2.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD Section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.2.6 ERD) Consult 4 ERD)

Update Background Data (3.2.2 ERD) Update Field Investigations (3.2.3 ERD)

Assess impact of alternatives including construction impacts (3.2.6 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.2.6 ERD)

Part of Terrestrial Ecosystems Report (3.2.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.2.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 3.A summarizes the EPR’s that are typically applicable to wetlands for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following transportation project-related environmental impacts on wetlands are considered to be typical:

1. encroaching upon a wetland; 2. changing the surface water balance of wetlands; 3. changing the groundwater balance of wetlands; and 4. discharging impacted water (sediment and other contaminants) directly or

indirectly into wetlands. Typical potential environmental impacts for various design features are defined below. Sub-sections 5.1 to 5.4 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impact.

Table 5.1 presents the potential impacts that specific design and construction activities can have on wetlands and identifies the relevant sub-sections dealing with these impacts.

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Table 5.1 Potential Environmental Impacts to Wetlands by Design Activity

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/

Acce

ss R

oads

Brid

ges,

cu

lver

ts

and

chan

nels

Traf

fic

and

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Encroaching upon a wetland X X X X X X X X X 5.1 Changing the surface water balance of wetlands

X X X X X X X X 5.2

Changing the groundwater balance of wetlands

X X X X X X X X 5.3

Discharging impacted water directly or indirectly into wetlands

X X X X X X X X 5.4

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impact. For example: Interchanges can encroach up on wetlands. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Encroaching Upon a Wetland

5.1.1 Cause The location of transportation project elements such as inter-changes, lanes, temporary/access roads, bridges and culverts, and traffic and noise barriers can encroach upon a wetland.

5.1.2 Potential Effect Encroaching upon a wetland will / can result in the loss of: wetland area as well as rare or endangered species of vegetation, wildlife habitats and connections, and/or aquatic habitats by:

• removal of significant or sensitive vegetation; • infilling of wetland areas; and/or • compacting of soils and crushing of vegetation during construction.

Secondary effects may include:

• the creation of edge habitat that can affect off-site breeding, feeding, shelter or movement opportunities for sensitive species;

• tree sunscald and blow down (canopy opening); • spread of invasive plant species (disturbance/increased light); and/or • stress/dieback (root impact, contaminants, sediment).

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and the potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Encroaching upon a Wetland: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

Loss of Vegetation / Loss of Habitat

1

2

Encroaching upon a Wetland

3

Temporary Permanent

Footprint Loss

4

Legend:

Number refers to Management Option in Table 5.1.1

4

See Potential Effects

Changes in hydrology

See Section 12-Surface Water and

Section 6 -Groundwater

Wildlife linkages

Severing of wetland

See Section 5 -Wildlife Habitats and Movements

Changes in fish passage

See Section 2- Fish and Fish Habitat

5

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Table 5.1.1 Environmental Management Options for Encroaching Upon a Wetlands Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid wetland. Note: To protect the features and functions of wetlands and retained vegetation areas, a vegetated buffer1 is usually needed. The extent of buffer will need to be determined on a project-specific basis and/or may be recommended by Federal or Provincial agencies or based on municipal approaches, which achieve the same objectives.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Minimize loss of area / vegetation through location: Locate the footprint outside the wetland and retain a vegetated buffer wherever possible. If the wetland cannot be avoided locate the footprint as close to the wetland edge as possible to avoid fragmenting and severing the feature.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

The severance of wetlands or other wildlife habitat can interfere with wildlife movement – see Section 5 of this User Guide regarding wildlife movements.

Minimize loss of area / vegetation through reducing footprint: Reduce the footprint of the transportation project through flexibility in transportation project design standards including: - Use alternative interchange designs; - Reduced median widths in cross-

section; and - Minimize fill placement into wetlands

and vegetation areas through, for example, increased embankment slope.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Safety requirements and other design considerations can severely restrict where these options can be used.

1 A buffer is a vegetated zone located between natural resources and adjacent areas that are subject to human alteration (Castelle et al. 1994). Other treatments, such as berming and fencing, can constitute physical (separation) buffers that may or may not be associated with a vegetated buffer. “Adjacent lands” are identified in the Provincial Policy Statement as “those lands contiguous to a specific natural feature or area where it is likely that development or site alteration would have a negative impact on the feature or area.” The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objective”. These adjacent lands identify the zone in which impact review and determination of buffer requirements is warranted. Buffers and other treatments are management measures designed to reduce/mitigate impacts.

1

2

3

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Possible Management Options References Considerations

Utilize overpass structures to minimize loss of area (as well as reduce severing impacts). To minimize impact, structures can be designed to maintain as much light and moisture under the structures as possible by: open medians; reduced cross-section area; etc.

MTO For structures, the main references include: • MTO's Structural

Manual; and • CSA's Canadian

Highway Bridge Design Code (CAN/CSA-S6-00).

Structures have been used for very sensitive valley systems to minimize the disruption of valley slopes and bottomlands. This can be an expensive option.

Restore temporarily disturbed areas: Use a landscape planting plan and consider maximizing the retention and reuse of original vegetation and topsoil during stabilization and revegetation. Use a salvage and reuse strategy to retain and reuse original vegetation and topsoil that includes: required removal, storage, handling and placement locations and practices. The strategies should include direction to contractors regarding stripping, stockpiling and reusing the soil and seedbank as part of right-of-way stabilization and vegetation. NOTE: Any restoration of terrestrial ecological features shall utilize ecological restoration principles where the right-of-way crosses or is adjacent to significant wildlife habitats, woodlots, wetlands and /or valley lands

Other Wetlands

Environmental Assessment Guideline (Miko 1998).

Native Plant Resource Guide for Ontario (2001 – 2002) Society for Ecological Restoration – Ontario Chapter.

Restoration of ecological features is project-specific and there are no general guidance documents.

Replacement / Compensation

Replace lost wetland areas to soften impacts and provide or re-instate some wetland, vegetation or wildlife habitat area either on-site (within the Right-of-Way) or in other areas.

Other Wetlands Environmental

Assessment Guideline (Miko 1998).

Native Plant Resource Guide for Ontario (2001 – 2002). Society for Ecological Restoration – Ontario Chapter.

There is little opportunity for meaningful compensation within the Right-of-Way. Replacement in other areas may require additional property acquisition and/or planting. Limited success.

4

5

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5.2 Changing the Surface Water Balance of Wetlands

5.2.1 Cause The development of or improvement to a transportation facility (such as inter-changes; additional lanes; temporary / access roads; and bridges and culverts) may change the existing drainage systems resulting in changes to surface water flows to receiving environments (such as wetlands).

5.2.2 Potential Effect Directing (channelized or overland flow) stormwater to or away from wetlands can result in either flooding or drying of the wetland, thereby changing wetland vegetation composition and quality, as well as associated wildlife use.

5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential mitigation by management options shown as numbered stop sign symbols. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.2.1 Changing the Surface Water Balance of Wetlands: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

2

Redirecting of surface water away / to wetlands

3

4

Legend:

Number refers to Management Option in Table 5.2.1

4

See Potential Effects

Severed wetland – flow changed between or to

remaining parts

Modification of catchment

size

6

Temporary Permanent

5

Change in impervious

area

See Section 12- Surface Water and

Section 6 - Groundwater

Permanent

3

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Table 5.2.1 Environmental Management Options for Managing Changes to the Surface Water Balance of Wetlands Possible Management Options References Considerations

Avoidance / Prevention

Avoid directing excess stormwater to / from wetlands: set location of: Inter-changes; horizontal alignment; temporary/access roads; bridges, to avoid the catchment area.

MTO • Drainage Design

Standards • Drainage Management

Manual • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual • Environmental Reference

for Contract Preparation Section 1- General Environmental and Incident Management (protecting environmentally sensitive areas).

Limited ability to move some elements (like alignment) in the design stage.

Maintain catchment area supporting the wetlands (grading design).

MTO • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Even with the same catchment area, the imperviousness of the area may change and affect the duration and magnitude of stormwater flows – see Section 12- Surface Water.

Use stormwater management design that maintains the hydrological regime of wetlands.

MTO • Drainage Design

Standards • Drainage Management

Manual is the primary reference for design considerations in surface water management.

Stormwater may contain concentrations of hydrocarbons, salt, heavy metals and other compounds that are harmful to wetlands. The stormwater management design must maximize runoff water quality and address MOE requirements.

Provide hydraulic connection across the Right-of-Way where flows need to be maintained by measures such as cross culverts.

MTO • Drainage Design

Standards • Drainage Management

Manual.

Use Contract Documents to constrain temporary drainage changes during construction.

None Temporary diversions require a permit -to-take-water from MOE.

Replacement / Compensation

1

2

3

4

5

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Possible Management Options References Considerations

Replace lost wetland area either on-site or in other areas.

Other • Wetlands Environmental

Assessment Guideline (Miko 1998).

• Native Plant Resource Guide for Ontario 2001 – 2002 (Society for Ecological Restoration – Ontario Chapter).

There is little opportunity for meaningful compensation within the Right-of-Way. Replacement in other areas may require additional property acquisition and/or planting. Limited success.

5.3 Changing the Groundwater Balance of Wetlands

5.3.1 Cause The development of or improvement to a project (such as inter-changes; additional lanes; temporary / access roads; and bridges and culverts) can interfere with groundwater systems (especially shallow aquifers) through:

• cutting through aquifers during cuts for grade; • changing the amount of impervious areas resulting in changes to groundwater

flows to receiving environments; and to a lesser extent; and • the trenching of utilities during the construction of the project can intercept

and channel groundwater flows. 5.3.2 Potential Effect Groundwater interception/reduction, depending on the extent and location, can change a wetland’s moisture regime (typically by drawing down the water table and drying out the area). This will lead to the loss of wetland area, with resulting changes in vegetation composition and associated wildlife use. 5.3.3 Environmental Management Options Figure 5.3.1 depicts the environmental impacts and their potential mitigation by management options shown as numbered stop sign symbols. Table 5.3.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

6

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Figure 5.3.1 Changing the Groundwater Balance of Wetlands: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

Groundwater Diversion

4

Legend:

Number refers to Management Option in Table 5.3.1

See Potential Effects

4

2 3

Change in impervious

area

See Section 12- Surface Water and Section 6-

Groundwater

See Section 6 - Groundwater for additional management

options

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Table 5.3.1 Environmental Management Options for Changes to Groundwater Balance of Wetlands Possible Management Options References Considerations Avoidance / Prevention

Set location to avoid cuts where the groundwater supporting a wetland would be intercepted (See Section 6 - Groundwater for more details).

None Limited ability to move some elements (like alignment) in the design stage.

Control / Mitigation

Direct intercepted groundwater to wetlands.

MTO • Drainage Design

Standards • Drainage

Management Manual.

Use stormwater management design that supports the local hydrological regime of wetlands that may include routing stormwater to the wetland to compensate for groundwater loss or infiltrating runoff to maintain groundwater supply to the wetland.

Stormwater may contain concentrations of hydrocarbons, salt, heavy metals and other compounds that are harmful to the wetlands. The stormwater management design must maximize runoff water quality and address MOE criteria.

Replacement / Compensation

Replace lost wetland area either on-site or in other areas.

Other • Wetlands

Environmental Assessment Guideline (Miko 1998).

• Native Plant Resource Guide for Ontario 2001 – 2002 (Society for Ecological Restoration – Ontario Chapter).

Typically, there is little opportunity for meaningful compensation within the Right-of-Way.

1

3

2

4

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5.4 Discharging Impacted Water (Sediment and Contaminants) Directly or Indirectly to Wetlands

5.4.1 Cause The construction, and to a lesser extent operation and maintenance of a transportation facility, requires the removal of vegetation, in turn exposing soil. Exposed soil is susceptible to increased rates of erosion from precipitation. Stormwater becomes laden with sediment (See the Environmental Guide for Erosion and Sediment Control during Construction of Highway Projects). The operation of transportation facilities will result in stormwater runoff with potentially elevated concentrations of roadway materials (e.g. hydrocarbons, heavy metals, and salt). (See Section 12 - Surface Water of this User Guide). The impacted stormwater may infiltrate into the soil and degrade groundwater quality (see Section 6 - Groundwater of this User Guide). Salt-laden stormwater presents a particular concern for surface water and groundwater systems, as sodium and chloride cannot be readily removed from stormwater. To a lesser extent, equipment fuels, oil, grease or other materials used in construction of the transportation facility can be inadvertently released to the environment. They can contaminate surface water, soils and groundwater, resulting in direct or indirect effects on receiving wetlands.

5.4.2 Potential Effect The discharge of sediment-laden stormwater can reduce water quality and in-fill wetlands, thereby affecting aquatic species. The discharge of contaminated stormwater into wetlands may adversely affect wetland plants and animals. The water levels of a wetland are often supported by groundwater flows. Poor groundwater quality can be harmful to the plants and animals inhabiting wetlands.

5.4.3 Environmental Management Options Figure 5.4.1 depicts the environmental impacts and their potential mitigation by management options shown as numbered stop sign symbols. Table 5.4.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.4.1 Discharging Impacted Water (Sediment and Other Contaminants) Directly or Indirectly to Wetlands: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

Contaminants

1

2

Temporary

3

5

Contaminants

4

Legend:

Number refers to Management Option in Table 5.4.1

See Potential Effects

Permanent

Sediment

See Section 12 - Surface Water for treatment options

4

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Table 5.4.1 Environmental Management Options for Discharging Impacted Water Directly or Indirectly to Wetlands Possible Management Options References Considerations

Avoidance / Prevention

Set location to avoid the catchment for the wetland and/or isolate the catchment from impacted surface water / groundwater.

None Limited ability to move some elements (like alignment) in the design stage.

Control Sediment: Use temporary and permanent erosion and sediment control.

MTO Environmental Guide for

Erosion and Sediment Control During Construction of Highway Projects outlines the method for developing erosion and sediment control measures.

Control Contaminants: Constrain construction activities to minimize contamination of surface water, soils and groundwater.

MTO Environmental Reference for Contract Preparation: • Section 8 - Refuelling • Section 8 - Product

storage and handling • Section 7 – Dust Control.

Ensure stormwater management design maximizes quality of stormwater runoff to wetlands.

MTO • Drainage Design

Standards • Drainage Management

Manual.

Replacement / Compensation

Replace lost wetland area either on-site or in other areas.

Other • Wetlands Environmental

Assessment Guideline (Miko 1998).

• Native Plant Resource Guide for Ontario 2001 – 2002 (Society for Ecological Restoration – Ontario Chapter).

Typically, there is little opportunity for meaningful compensation within the Right-of-Way.

1

1 3

2

4

5

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6 CHECKLIST

Appendix 3.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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7 REFERENCES

Castelle, A.J., A.W. Johnson, and C. Conolly 1994. Wetland and stream buffer size requirements – a review. J. Environ. Qual. 23: 878-882.

Miko, R., 1998. Wetlands environmental assessment guideline. Biodiversity Protection

Branch, Canadian Wildlife Service, Environment Canada. Society for Ecological Restoration, 2002. Native plant resource guide (2001-2002).

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APPENDIX 3.A: Checklist for Wetlands See Separate File.

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3 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 3.A Checklist for Wetlands

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Terr

estr

ial

Ecos

yste

ms

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

PROJECT SCOPE 1. Was the Terrestrial Ecosystems (and/or wetlands in particular)

Speciality identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Were wetlands identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment Background Data and Field Investigations

3. Have wetland resources been determined and mapped?

Determination of Significance

4. For the wetland(s), has the habitat function, significance and sensitivity to disturbance been determined?

5. Has encroachment upon wetlands been considered? 6. Has changing the surface water balance of wetlands been

considered?

7. Has changing the groundwater balance of wetlands been considered?

8. Has discharging impacted water (sediment and other contaminants) directly or indirectly into wetlands been considered?

9. Have the potential permanent and temporary impacts to wetlands (listed above) been assessed in terms of:

(a) Highway design alternatives?

Assessment of Impacts

(b) Alternative methods of construction?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Terr

estr

ial

Ecos

yste

ms

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

(c) Highway operation/maintenance? 10. Is the information collected adequate to enable the identification

of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation

11. Has a preliminary mitigation strategy been completed?

12. Has a detailed mitigation strategy been completed?

COMPLIANCE

Environmental Protection Requirements4

WET-2 13. Avoid the loss of wetland features and functions.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

WET-1

14. Achieve no net loss of wetland function for wetlands where loss has reached critical levels, and the wetland is located on federal lands or the transportation initiative requires federal approvals or is receiving federal funding.

Environmental Protection Requirements for projects in Designated Areas:

Various 15. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13: Designated Areas of this User Guide).

4 Unless otherwise stated (e.g., by terms such as “shall” and “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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4 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Woodlands and Other Vegetated Areas

(Terrestrial Ecosystems)

Version: December 2006

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1 MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 4

Woodlands and Other Vegetated Areas (Terrestrial Ecosystems)

Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 4: Woodlands and Other Vegetated Areas (Terrestrial Ecosystems), December, 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter, Geoff Garthshore and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 INTRODUCTION ......................................................................................................................................... 5

1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE ............................................................................ 5 2 WOODLAND CONCEPTS.......................................................................................................................... 6 3 INCORPORATING WOODLANDS AND OTHER VEGETATED AREAS ASSESSMENT AND

MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS ................................................................................................................................................... 7

4 MAIN REQUIREMENTS AND GOALS....................................................................................................... 9 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS ............................................................ 10

5.1 ENCROACHING UPON A WOODLAND AND OTHER VEGETATED AREAS..................................................... 11 5.1.1 Cause .......................................................................................................................................... 11 5.1.2 Potential Effect............................................................................................................................. 11 5.1.3 Environmental Management Options .......................................................................................... 11

5.2 ROAD SALT RUN-OFF/SPRAY ............................................................................................................... 15 5.2.1 Cause .......................................................................................................................................... 15 5.2.2 Potential Effect............................................................................................................................. 15 5.2.3 Environmental Management Options .......................................................................................... 15

6 CHECKLIST .............................................................................................................................................. 18

LIST OF FIGURES Figure 3.1 An Example of How the Assessment and Mitigation of Woodlands and other Vegetated

Areas are Integrated into The Transportation Project Design and Construction Process ........ 8 Figure 5.1.1 Encroaching upon Woodlands and other Vegetated Areas: Opportunities for Intervention by

Management Options .............................................................................................................. 12 Figure 5.2.1 Road Salt Run-off/Spray: Opportunities for Intervention by Management Options ................ 16

LIST OF TABLES Table 5.1 Typical Potential Environmental Impacts to Woodlands and Other Vegetated Areas by Design

Activity ..................................................................................................................................... 10 Table 5.1.1 Environmental Management Options for Encroaching Upon Woodlands............................... 13 Table 5.2.1 Environmental Management Options for Road Salt Run-off/Spray ........................................ 17

APPENDIX APPENDIX 4.A CHECKLIST FOR WOODLANDS

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to woodlands and other vegetated areas. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

1. the role of other documents in relation to the User Guide; 2. general information about the types of environmental impacts associated with

the design and construction of transportation projects; and 3. guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding woodlands. Sub-section 3 - presents the transportation project design and construction process

and how woodlands assessment and mitigation is incorporated in that process.

Sub-section 4 - presents the main requirements and goals based on the applicable Environmental Protection Requirements.

Sub-section 5 - presents typical woodland impacts associated with transportation project design and construction; sub-sections 5.1 to 5.2 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring that woodland issues are adequately addressed.

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2 WOODLAND CONCEPTS

The following concepts are frequently referred to in wildlife assessment and mitigation. Woodlands are treed areas that provide environmental and economic benefits to the private landowner and the general public, such as erosion prevention, hydrological cycling, nutrient cycling, provision of clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products (Provincial Policy Statement 2005). Regionally Significant Woodlots are those that Municipalities and/or Conservations Authorities recognize as significant and that are incorporated into regional protection strategies.

Significant Woodlands are identified for special consideration in the Provincial Policy Statement (PPS) (2005). The PPS implementation manual provides a number of criteria recommended by MNR for evaluating woodland significance. Various municipalities may have their own significant woodland criteria. Significant woodlands may be identified as open space or Environmental Protection Area (EPA) features in local/regional official plans.

Endangered Species Act protects Ontario’s endangered species (listed under the act) from willful harm and the willful destruction of, or interference with, their habitats. Species At Risk Act (SARA) is a key federal government commitment to prevent wildlife species from becoming extinct and secure the necessary actions for their recovery. It provides for the legal protection of wildlife species and the conservation of their biological diversity. The protected wildlife appears on Schedule 1. This list contains over 200 species which are extirpated, endangered, threatened or species of special concern. Endangered means any native species that, on the basis of the best available scientific evidence, is at risk of extinction or extirpation throughout all or a significant portion of its Ontario range if the limiting factors are not reversed.

Threatened means any native species that, on the basis of best available scientific evidence is at risk of becoming endangered throughout all or a significant portion of its Ontario range if limiting factors are not reversed. Vulnerable means any native species that, on the basis of the best available scientific evidence, is a species of special concern in Ontario, but is not a threatened or endangered species. Assessing Woodlands and Other Vegetated Areas Section 3.2 Terrestrial Ecosystems of MTO’s Environmental Reference for Highway Design details MTO’s expectations for undertaking an assessment of woodlands and other vegetated areas.

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3 INCORPORATING WOODLANDS AND OTHER VEGETATED AREAS ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how woodlands and other vegetated areas assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 An Example of How the Assessment and Mitigation of Woodlands and other Vegetated Areas are Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.2.4 ERD) Assess impacts of alternatives (3.2.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.2.1 ERD) Gather Background Data (3.2.2 ERD) Field Investigations (3.2.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *Denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD Section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.2.6 ERD) Consult 4 ERD)

Update Background Data (3.2.2 ERD) Update Field Investigations (3.2.3 ERD)

Assess impact of alternatives including construction impacts (3.2.6 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.2.6 ERD)

Part of Terrestrial Ecosystems Report (3.2.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.2.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s).

The checklist in Appendix 4.A summarizes the EPR’s that typically are applicable to woodlands and other vegetated areas for:

4. all transportation projects; and

5. transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide.

For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following transportation project-related impacts on woodlands and other vegetated areas are considered to be typical:

1. Encroaching upon a woodland or other vegetation communities; and 2. Road salt runoff/spray.

Typical potential environmental impacts for various design features are defined below. Sub-sections 5.1 to 5.2 discuss these impacts in detail. For each impact, the following are described:

• The cause;

• The potential effect; and

• The environmental options to manage the effects.

Table 5.1 presents the potential impacts specific design and construction activities can have on woodlands and identifies the relevant sub-sections dealing with these impacts.

Table 5.1 Typical Potential Environmental Impacts to Woodlands and Other Vegetated Areas by Design Activity

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/

Acce

ss R

oads

Brid

ges,

cu

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Sub-section

No.

Encroaching upon a woodland and other vegetated areas

X X X X X X X X X X 5.1 Road salt run-off/spray X X X X X X X 5.2 Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The sub-section identified in the last column provides a detailed discussion of the potential impacts and the possible strategies for addressing the impacts. For example: Interchanges can encroach up on woodlands. The user should refer to applicable sub-section (e.g. 5.1) to learn about the nature of the potential impacts (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Encroaching Upon a Woodland and Other Vegetated Areas

5.1.1 Cause The location of transportation project elements such as inter-changes, lanes, temporary / access roads, bridges and culverts, and traffic and noise barriers, can encroach upon woodlands and other vegetated areas. 5.1.2 Potential Effect Encroaching upon a woodland, and other vegetated areas, may result in the loss of: woodland area, sensitive plant species, wildlife habitat, and wildlife corridors by:

• removal of significant or sensitive vegetation that can destroy important plant species and wildlife habitats;

• vegetated feature fragmentation; and • compacting of soils and loss of vegetation during construction.

Secondary effects may include:

• alteration of site characteristics (i.e. temperature, moisture, light, nutrients) that may change the character of vegetated areas and their ability to support significant plants or at least native flora;

• creation of edge habitat that can affect off-site breeding, feeding, shelter or movement opportunities for wildlife;

• Intrusion into sensitive valley systems and disruption or blockage of corridors that can affect the movement of plant species via seed or aerial dispersal;

• tree sunscald and blow down (canopy opening); • spread of invasive plant species (disturbance/increased light); • stress/dieback (root impact, contaminants, sediment): and/or • damage to off-ROW vegetation from tree felling and/or grubbing.

The above potential effects may be of greater concern in southern and central regions than in northern regions.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Encroaching upon Woodlands and other Vegetated Areas: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

Loss of Plant Species

Edge Effects Wildlife Movement Barrier

1

2

Encroaching Upon a Woodland or Other Vegetated Areas

3

Temporary

Loss of Area Fragmentation

4

Legend:

Number refers to Management Option in Table 5.1.1

6

See Potential Effects

See Section 4 - Wildlife Habitats and

Movements

5

7

4

Permanent

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Table 5.1.1 Environmental Management Options for Encroaching Upon Woodlands and Other Vegetated Areas

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid woodland.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Minimize loss of woodland area / vegetation through location: Place within the buffer but not the woodland or vegetated area, to maximize remaining vegetated buffer. If within the woodland or vegetated area; maximize retention of existing vegetation and locate close to the edge to avoid severing/fragmentation.

None The severance of woodlands or other wildlife habitat can interfere with wildlife movement – see Section 4 - Wildlife Habitats and Movements.

Minimize loss of woodland area / vegetation by reducing footprint of the transportation project through flexibility in design standards including:

• Use of alternative interchange designs; and

• Reduced median widths in cross-section.

MTO Primary references for design considerations in modifying size include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Safety requirements and other design considerations can severely restrict where these options can be used.

Use Overpass structures to minimize loss of area. To minimize impact, structures can be designed to reduce as much light and moisture under the structures as possible by: open medians; reduced cross-section area; providing higher structure.

MTO For structures, the main design references include: • Structural Manual;

and • Canadian Highway

Bridge Design Code (CAN/CSA-S6-00)

Large structures have been used for very sensitive valley systems to minimize the disruption of valley slopes and bottomlands. This can be an expensive option but is typically required by agencies in these cases.

1

2

3

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4

Possible Management Options References Considerations

Clear delineation of Right-of-Way vegetation clearing zones and vegetation retention zones on both construction specifications and in the field. Use tree felling and grubbing procedures to minimize risk of off-Right-of-Way vegetation impacts.

MTO Environmental

Reference for Contract Preparation: Section 2 - General Environmental And Incident. Management; and

Section 5 - Erosion And Sediment Control And Vegetation Management.

Restore temporarily disturbed areas using a landscape planting plan and consider maximizing the retention and reuse of original vegetation and topsoil during stabilization and revegetation. Develop a salvage and reuse strategy to retain and reuse original vegetation and topsoil; it should include: • required removal, storage, handling

and placement locations and practices for salvaged material.

• direction to contractors regarding stripping, stockpiling and reusing the soil and seedbank as part of right-of-way stabilization and vegetation.

NOTE: any restoration of terrestrial ecological features shall utilize ecological restoration principles where the right-of-way crosses or is adjacent to significant wildlife habitats, woodlots, woodlands and /or valley lands (as per the Environmental Protection Requirements, see Appendix 4.A).

MTO Environmental

Reference for Contract Preparation Section 5 - Erosion and Sediment Control and Vegetation Management.

Other Wetlands

Environmental Assessment Guideline (Miko 1998).

Native Plant Resource Guide for Ontario 2001 – 2002 (Society for Ecological Restoration – Ontario Chapter).

Restoration of ecological features is project-specific and there are no MTO guidance documents.

Undertake edge plantings along the newly created edges of wooded areas. Edge planting strategies should consider the characteristics of the woodland where intrusion occurs, risk of secondary effects without mitigation, nature of anticipated effects (salt spray, wind and solar exposure), and tolerance of affected areas. Planting strategies (e.g., salt spray buffering and native species edge plantings / management) can be used alone or in combination.

None The ability to provide plantings may be restricted by availability of property and/or specific site conditions.

5

6

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Replacement / Compensation

Replace lost woodland areas to soften impacts and provide or re-instate some vegetation or wildlife habitat area either on-site / within the Right-of-Way (less preferred) or in other areas (preferred).

None Typically, there is little opportunity for meaningful compensation within the Right-of-Way. Off Right-of-Way compensation may require that public land be available, and that future management can be protected. Providing funds to resource agencies to implement habitat projects in the watershed may be another option.

5.2 Road Salt Run-off/Spray

5.2.1 Cause The development of a transportation project and its operation may result in vegetation damage as a result of road salt applications. 5.2.2 Potential Effect Road salt application may lead to tree and other vegetation damage from salt spray caused by passing vehicles and snow ploughs. Salt runoff may contaminate water supplies to vegetated areas potentially killing plants. Secondary effects may include soils saturated with salt runoff that are infertile and erosion-prone. 5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

7

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Figure 5.2.1 Road Salt Run-off/Spray: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

2

2

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

Road Salt Run-off / Spray

3

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Table 5.2.1 Environmental Management Options for Road Salt Run-off/Spray

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid woodland.

MTO Environmental Reference

for Contract Preparation Section 2: General Environmental And Incident Management.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Provide edge plantings along the newly created edges of woodlands focusing on salt spray buffering. Edge planting strategies should consider the characteristics of the woodland where salt spray is anticipated, the severity of the effects of the salt spray risk of secondary effects and tolerance of affected areas.

None The ability to provide plantings may be restricted by availability of property and/or specific site conditions.

Use Salt Management options to reduce salt use or salt loss salt use. These options include: electronic spreader controls; use of 'pre-wetted' salt; Advanced Road Weather Information Systems (ARWIS) to monitor and forecast road and weather conditions; etc.

MTO Salt Management Plan. Other Transportation

Association of Canada (TAC) Salt Management Plan.

1

2

3

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6 CHECKLIST

Appendix 4.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 4.A Checklist for Woodlands

See Separate File.

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4 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 4.A Checklist for Woodlands

and Other Vegetated Areas

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

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(Y/N

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PROJECT SCOPE 1. Was the Terrestrial Ecosystems (and/or woodlands in particular)

Speciality identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Were woodlands identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment

Background Data and Field Investigations

3. Has the vegetation / forest information including plant species / vegetation communities been determined and mapped?

Determination of Significance

4. For the vegetation communities, has the significance and the sensitivity to disturbance been determined?

5. Has encroaching into woodlands or other vegetation communities been considered?

6. Has the impact of road salt/spray been considered?

7. Have the potential permanent and temporary impacts to woodlands and other vegetated areas (listed above) been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

Assessment of Impacts

(c) Highway operation/maintenance?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

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8. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation

9. Has a preliminary mitigation strategy been completed?

10. Has a detailed mitigation strategy been completed?

COMPLIANCE

Environmental Protection Requirements4

VEG-2 11. Habitat for designated vegetation species protected under the Ontario Endangered Species Act shall be avoided.

VEG-3 12. Maintain the diversity of native vegetation in an area and natural connections between them.

VEG-4 13. Avoid significant woodlands and significant valleylands, including woodlands providing habitat for sensitive species.

VEG-5 14. Consider municipal objectives for woodland forestry management.

VEG-6

15. Have regard for policies, plans, strategies and programs at the local/regional level dealing with vegetation resources of local or regional significance as may be identified by a local planning body such as a municipality, conservation authority, or other resource agency. For such resources the descending order of priority will be: 1) avoidance; 2) minimizing impact; and 3) mitigation / restoration.

VEG-7 16. Protect the features and functions of retained vegetation areas.

4 Unless otherwise stated (e.g., by the term “shall” and “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

Project Activity or Compliance Requirement

App

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(Y/N

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VEG-8 17. Use ecological restoration principles to restore terrestrial ecological

features where the right-of-way crosses or is adjacent to significant wildlife habitats, woodlots, woodlands and /or valley lands.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

VEG-1 18. Avoid impacts on federal lands that provide critical habitat for listed species under the federal Species at Risk Act.

Environmental Protection Requirements for projects in Designated Areas:

Various 19. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide)

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5 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Wildlife Habitats and Movements(Terrestrial Ecosystems)

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 5

Wildlife Habitats and Movements (Terrestrial Ecosystems)

Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 5: Wildlife Habitats and Movements (Terrestrial Ecosystems), December, 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter, Geoff Rousseau and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION..........................................................................................................................................5 USING THIS TECHNICAL SECTION OF THE USER GUIDE..........................................................................................5

2 WILDLIFE HABITAT CONCEPTS...............................................................................................................6 3 INCORPORATING WILDLIFE HABITATS AND MOVEMENTS ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS..........................................7 4 MAIN REQUIREMENTS AND GOALS........................................................................................................9 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS .............................................................10

5.1 LOSS OF WILDLIFE HABITAT..................................................................................................................12 5.1.1 Cause ............................................................................................................................................12 5.1.2 Potential Effect ..............................................................................................................................12 5.1.3 Environmental Management Options............................................................................................12

5.2 OBSTRUCTING WILDLIFE MOVEMENT ....................................................................................................16 5.2.1 Cause ............................................................................................................................................16 5.2.2 Potential Effect ..............................................................................................................................16 5.2.3 Environmental Management Options............................................................................................16

5.3 WILDLIFE MORTALITY ...........................................................................................................................19 5.3.1 Cause ............................................................................................................................................19 5.3.2 Potential Effect ..............................................................................................................................19 5.3.3 Environmental Management Options............................................................................................19

5.4 INTERFERENCE WITH NOTEWORTHY SPECIES AND HABITATS (INCLUDING SAR)......................................23 5.4.1 Cause ............................................................................................................................................23 5.4.2 Potential Effect ..............................................................................................................................23 5.4.3 Environmental Management Options............................................................................................23

6 CHECKLIST ...............................................................................................................................................26

LIST OF FIGURES Figure 3.1 An Example of How the Assessment and Mitigation of Wildlife Habitats and Movement are

Integrated into the Transportation Project Design and Construction Process............................8 Figure 5.1.1 Loss of Wildlife Habitat: Opportunities for Intervention by Management Options ....................13 Figure 5.2.1 Obstructing Wildlife Movement: Opportunities for Intervention by Management Options ........17 Figure 5.3.1 Wildlife Mortality: Opportunities for Intervention by Management Options...............................20 Figure 5.4.1 Interference with Noteworthy Species/Habitats Including Species at Risk: Opportunities for

Intervention by Management Options.......................................................................................24

LIST OF TABLES Table 5.1 Potential Environmental Impacts to Wildlife Habitats and Movements by Design Activity .......11 Table 5.1.1 Environmental Management Options for Loss of Wildlife Habitats..........................................14 Table 5.2.1 Environmental Management Options for Obstructing Wildlife Movement ................................18 Table 5.3.1 Environmental Options for Managing Wildlife Mortality ............................................................21 Table 5.4.1 Environmental Management Options for Consideration for Noteworthy Species/Habitats

Including Species at Risk..........................................................................................................24 Table 5.4.1 Environmental Management Options for Consideration for Noteworthy Species/Habitats

Including Species at Risk..........................................................................................................25

APPENDIX APPENDIX 5.A: CHECKLIST FOR WILDLIFE HABITATS AND MOVEMENTS

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1 INTRODUCTION

MTO’s Environmental Standard and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to wildlife habitats and movements. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. Among other things, it describes:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding wildlife and habitats. Sub-section 3 - presents the transportation project design and construction process

and how wildlife/habitat assessment and mitigation is incorporated in that process.

Sub-section 4 - presents the main requirements and goals based on the Environmental Protection Requirements.

Sub-section 5 - presents typical environmental impacts on wildlife and habitat associated with transportation project design and construction; sub-sections 5.1 to 5.4 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring that wildlife/habitat issues are adequately addressed.

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2 WILDLIFE HABITAT CONCEPTS

The following concepts are frequently referred to in wildlife assessment and mitigation. Active nests means the nests of migratory birds (including parts of the nest) containing eggs or young. The Migratory Birds Convention Act protects active nests from any damage, destruction, removal or disturbance. Barrier effect refers to the reduction of animal movement between habitats severed by a transportation project or facility. Endangered means any native species that, on the basis of the best available scientific evidence, is at risk of extinction or extirpation throughout all or a significant portion of its Ontario range if the limiting factors are not reversed.

Endangered Species Act protects Ontario’s endangered species (listed under the act) from willful harm and the willful destruction of, or interference with, their habitats. Migratory Birds’ Convention Act protects migratory birds, active nests and eggs – see the Act for a complete list of species protected. Species at Risk Act (SARA) is a key federal government commitment to prevent wildlife species from becoming extinct and secure the necessary actions for their recovery. It provides for the legal protection of wildlife species and the conservation of their biological diversity. The protected wildlife appears on Schedule 1. This list contains over 200 species which are extirpated, endangered, threatened or species of special concern. Threatened means any native species that, on the basis of best available scientific evidence is at risk of becoming endangered throughout all or a significant portion of its Ontario range if limiting factors are not reversed. Vulnerable means any native species that, on the basis of the best available scientific evidence, is a species of special concern in Ontario, but is not a threatened or endangered species. Wildlife Corridors refer to linear habitats that link other habitat patches providing habitat and/or opportunities to move between them. Wildlife Habitat means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non-migratory species (Provincial Policy Statement 2005). Assessing Wildlife Habitat and Movements Section 3.2 - Terrestrial Ecosystems of the MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of wildlife habitat and movements.

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3 INCORPORATING WILDLIFE HABITATS AND MOVEMENTS ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how wildlife habitats and movement’s assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 An Example of How the Assessment and Mitigation of Wildlife Habitats and Movement are Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.2.4 ERD) Assess impacts of alternatives (3.2.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.2.1 ERD) Gather Background Data (3.2.2 ERD) Field Investigations (3.2.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.2.6 ERD) Consult (4 ERD)

Update Background Data (3.2.2 ERD) Update Field Investigations (3.2.3 ERD)

Assess impact of alternatives including construction impacts (3.2.5 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.2.6 ERD)

Part of Terrestrial Ecosystems Report (3.2.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.2.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration Inventory of Bird Nests, if needed

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 5.A summarizes the EPR’s that typically are applicable to wildlife habitat and movements for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

1. For purposes of this document, the following transportation project-related impacts on wildlife habitat and movements are considered to be typical loss of wildlife habitat;

2. obstructing wildlife movement; 3. wildlife mortality and/or interference during transportation project construction

and operation; and/or 4. interference with noteworthy species and habitats (including Species at Risk).

Typical potential environmental impacts for various design features are defined below. Sub-sections 5.1 to 5.3 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the potential environmental impacts that specific design activities can have on wildlife habitat and movements and identifies the relevant sub-sections dealing with these impacts. In addition, impacts and considerations for noteworthy species and habitat (including Species at Risk) are reviewed in section 5.4.

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Table 5.1 Potential Environmental Impacts to Wildlife Habitats and Movements by Design Activity

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/ Ac

cess

Roa

ds

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Loss of wildlife habitat X X X X X X X X X X X 5.1 Obstructing wildlife movement X X X X X X X X X X X 5.2

Wildlife mortality X X X X X X X X X 5.3 noteworthy species/habitats (including SAR)

X X X X X X X X X X X 5.4

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The sub-section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impacts. For example: Interchanges can result in loss of wildlife habitat. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Loss of Wildlife Habitat

5.1.1 Cause The location of transportation project elements (e.g. inter-changes; lanes; temporary / access roads; and bridges and culverts) can result in the loss of wildlife habitat.

5.1.2 Potential Effect Loss of wildlife habitat may result in loss of species including Species At Risk (see sub-section 5.4), fragmentation of habitat and of wildlife populations, reduction of wildlife habitat quality, and loss of active nests of migratory birds, by:

• removal of vegetation or features used for shelter, feeding and/or breeding; and/or

• physical destruction and/or severing of habitat areas. Secondary effects may include:

• the creation of edge habitat that can affect off-site breeding, feeding, shelter quality, and/or movement opportunities for sensitive species;

• introduction of invasive species (disturbance/increased light/creation of movement passage along transportation facility);

• introduction of light and noise pollution to a habitat area; and • severing of woodlands (including woodlots) may result in residual sizes that

are too small to support ‘area- sensitive’ wildlife species.

Since active nests of migratory birds are prohibited from being destroyed it is important to be mindful of breeding bird habitat, which can include vegetated areas, wetland areas, and existing structures such as culverts and bridges.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Loss of Wildlife Habitat: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

2

Loss of Wildlife Habitat

3

Temporary Permanent

6

Area Loss

See Obstructing Wildlife Movements Sub-section 5.2.1

4

Legend:

Number refers to Management Option in Table 5.1.1

5

See Potential Effects

Barrier Effect

4

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Table 5.1.1 Environmental Management Options for Loss of Wildlife Habitats Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid wildlife habitat.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Minimize loss of habitat area through location. If within wildlife habitat area maximize retention of existing vegetation and locate close to the edge to avoid severing.

None Limited ability to relocate some elements (like alignment) in the design stage.

Restrict access of construction equipment to wildlife habitat and wildlife movement areas.

MTO Environmental Reference for

Contract Preparation: Section 2 - General Environmental And Incident Management

Minimize loss of habitat area through reducing footprint. Reduce the transportation project footprint through flexibility in transportation project design standards including: • Use alternative interchange

designs • Reduced median widths in

cross-section • Minimize fill placement in

wildlife habitat and vegetation areas through, for example, steeper embankment slopes/retaining walls

• Use structures to reduce severing effects (e.g. bridges, tunnels, viaducts)

MTO Primary references for design considerations in modifying size include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Safety requirements and other design considerations can severely restrict where these options can be used.

2

3

1

4

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Possible Management Options References Considerations

Replacement / Compensation

Restore temporarily disturbed areas: use a landscape planting plan and consider maximizing the retention and reuse of original vegetation and topsoil during stabilization and revegetation. To retain and reuse original vegetation and topsoil, a salvage and reuse strategy is developed that includes: required removal, storage, handling and placement locations and practices. The strategies should include direction to contractors regarding stripping, stockpiling and reusing the soil and seedbank as part of Right-of-Way stabilization and vegetation.

MTO Environmental Reference for

Contract Preparation Section 4 - Erosion And Sediment Control and Vegetation Management

Restoration of ecological features is project-specific and there are no MTO guidance documents.

Restoring of disturbed area

needs to use ecological restoration principles (as per the environmental protection requirements)

Replace lost wildlife habitat areas to soften impacts.

Other Native Plant Resource Guide

for Ontario 2001 – 2002 (Society for Ecological Restoration – Ontario Chapter)

There is little opportunity for meaningful compensation within the Right-of-Way. Replacement in other areas may require additional property acquisition and/or planting. Successful compensation is difficult to ensure as replaced habitat may take years or decades to approach the quality of the habitat originally lost. However, various options can be considered through discussion with resource agencies for off-ROW restoration opportunities (e.g., land stewardship programs). For example, constructed wetlands and ponds can provide good wildlife habitat.

5

6

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5.2 Obstructing Wildlife Movement

5.2.1 Cause The development of or improvement to a transportation facility (such as inter-changes; additional lanes; temporary / access roads; traffic and noise barriers; illumination; utility relocation) may fragment wildlife habitat and create barriers to wildlife movement between the divided habitat patches. As a result wildlife populations may become severed and reduced in size.

5.2.2 Potential Effect Severing of wildlife migration corridors (often valleys and woodlots in Southern Ontario) that disrupt the movement of wildlife to and from breeding and feeding areas and over-wintering areas may reduce viability of populations due to: a diminished or an in-ability to access key habitat (food, shelter, etc.); and direct mortality due to animal-vehicle collisions. Secondary, but more important effects from animal-vehicle collisions are human injury or fatalities as well as property damage.

5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.2.1 Obstructing Wildlife Movement: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

Barrier Effect

2

2

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

Wildlife Mortality

See Wildlife Mortality Sub-section 5.3.1

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Table 5.2.1 Environmental Management Options for Obstructing Wildlife Movement Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid wildlife habitat. Note: In urbanized areas (like southern Ontario) connections for area sensitive wildlife species may be confined to valleys and woodlands.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design Standards for

Ontario Highways • Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Use Wildlife Crossing techniques to manage wildlife movements. These may include wildlife warning signs to alert motorists of wildlife, fencing and escape measures to funnel wildlife to crossing structures or to keep them off the transportation project, various structures that can serve as wildlife crossing passageways.

MTO Environmental Guide for Wildlife in the Oak Ridges Moraine (ORM) has many examples of wildlife crossing structures*. For structures, the main design references include: • Structural Manual; and • Canadian Highway Bridge Design

Code (CAN/CSA-S6-00) The Drainage Design Standards and

Drainage Management Manual may also provide guidance.

*Although the Guide is intended for the ORM, it contains information that may be helpful to individual projects outside of the ORM.

1

1 2

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5.3 Wildlife Mortality

5.3.1 Cause The construction of or improvement to a transportation facility (such as inter-changes; additional lanes; temporary / access roads) can lead to wildlife mortality through:

• removal of vegetation sheltering wildlife; • removal of active nests of migratory birds in vegetation or on existing structures;

and • addition of harmful substances to water (such as those frequented by birds).

5.3.2 Potential Effect Transportation project construction may reduce wildlife population sizes through direct mortality from animal-vehicle collisions, and from barring access to key habitat (food, shelter, etc.). Secondary effects may include:

• reduction or loss of local populations; and • unsightly occurrence of road killed carcases.

5.3.3 Environmental Management Options Figure 5.3.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.3.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.3.1 Wildlife Mortality: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

4

Legend:

Number refers to Management Option in Table 5.3.1

See Potential Effects

4

Wildlife mortality

Temporary causes (during construction)

Ongoing (during operation of

transportation facility )

2

3 See Obstructing Wildlife Movement Sub-section 5.2.1

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Table 5.3.1 Environmental Options for Managing Wildlife Mortality Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid wildlife habitat.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Use timing constraints to limit operations to ensure sensitive species are not present on sites during construction. For example, to protect migratory birds, their nests and eggs, construction should take place outside of nesting season, or ensure that active nesting is not occurring during construction. Tree removal will be restricted to the minimum required. If works must be conducted during the bird breeding season, a nest survey will be conducted by a qualified avian biologist prior to commencement of works to identify and locate active nests of species protected by the MBCA.

MTO Environmental

Reference for Contract Preparation Section 4 - Wildlife and Wildlife Habitat Management

Control / Mitigation

During transportation project improvements use exclusion techniques to prevent birds from nesting on facility structures.

MTO Environmental

Reference for Contract Preparation Section 4 - Wildlife and Wildlife Habitat Management

1

2

3

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Possible Management Options References Considerations

Replacement / Compensation

Replace lost wildlife habitat connection areas either on-site or in other areas.

None Typically, there is little opportunity for meaningful compensation within the Right-of-Way. Replacement in other areas may require additional property acquisition and/or planting. Successful compensation is difficult to ensure as replaced habitat may take years or decades to approach the quality of the habitat originally lost.

However, various options (e.g., stewardship programs) can be considered through discussion with resource agencies for off-ROW restoration opportunities. For example, constructed wetlands and ponds can provide good wildlife habitat.

4

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5.4 Interference with Noteworthy Species and Habitats (Including SAR)

5.4.1 Cause The location of transportation project elements (such as inter-changes; lanes; temporary / access roads; and bridges and culverts) may negatively impact Species at Risk (listed in Schedules 1 of the federal Species at Risk Act SARA and of the Ontario Endangered Species Act) as well as birds listed under the federal Migratory Birds Convention Act.

5.4.2 Potential Effect Lack of consideration for Species at Risk (SAR) can result in the reduced size or complete loss of populations of sensitive wildlife. Secondary effects of fragmenting wildlife populations may cause further endangerment of an already sensitive and rare species.

5.4.3 Environmental Management Options Figure 5.4.1 depicts the environmental impacts and the potential intervention by management options shown as numbered stop sign symbols. Table 5.4.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Design / Construction Activity – see Table 5.1

1

2

Legend:

Number refers to Management Option in Table 5.4.1

2

3

Temporary Permanent

See Potential Effects

Figure 5.4.1 Interference with Noteworthy Species/Habitats Including Species at Risk: Opportunities for Intervention by Management Options

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2

3

1

Table 5.4.1 Environmental Management Options for Consideration for Noteworthy Species/Habitats Including Species at Risk

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid habitat of Species At Risk ands other noteworthy species / habitats

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage. However, the location of design features to avoid habitat of SAR should be done as early in the design process as possible; because a project may not be able to proceed if impacts to SAR cannot be avoided.

Restrict access of construction equipment to wildlife habitat.

MTO Environmental Reference

for Contract Preparation Section 1 -General Environmental and Incident Management

Use timing constraints to limit operations to ensure sensitive species are not present on sites during construction. For example, to protect migratory birds, their nests and eggs, construction should take place outside of nesting season, or ensure that active nesting is not occurring during construction through inspections and/or exclusionary nesting measures.

MTO Environmental Reference

for Contract Preparation Section 4 - Wildlife and Wildlife Habitat Management

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6 CHECKLIST

Appendix 5.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 5.A: Checklist for Wildlife Habitats and Movements

See Separate File.

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5 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 5.A Checklist for Wildlife

Habitats and Movements

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

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Terr

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Ecos

yste

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PROJECT SCOPE 1. Was the Terrestrial Ecosystems (and/or wildlife in particular)

Speciality identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was wildlife identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment

3. Have the following been determined and mapped:

(a) Wildlife habitat including significant wildlife habitat areas?

(b) Wildlife species including species of conservation concern?

Background Data and Field

Investigations

(c) Wildlife species and use of the area including migratory, over-wintering and nesting species?

4. Has the significance and the sensitivity to disturbance of the following been determined:

(a) Wildlife and natural corridors? Determination of

Significance

(b) Significant wildlife habitat?

5. Has loss of wildlife habitat been considered? Assessment of Impacts 6. Has obstructing wildlife movement been considered?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

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(Y/N

)

Plan

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7. Has wildlife mortality and/or interference during transportation project construction and operation been considered?

8. Have noteworthy species and habitats (including Species at Risk) been considered?

9. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

13. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 14. Has a preliminary mitigation strategy been completed?

15. Has a detailed mitigation strategy been completed?

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Documented in:

Project Activity or Compliance Requirement

App

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(Y/N

)

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COMPLIANCE

Environmental Protection Requirements4

WLD-2 16. The destruction of migratory birds, their eggs or their nests is not permitted.

WLD-2 17. Minimize the release of oil, oil wastes or any other

substance harmful to migratory birds to any waters or any area frequented by migratory birds.

WLD-3 18. Impacts on lands that provide critical habitat for listed

migratory and aquatic species under the federal Species At Risk Act shall be avoided.

WLD-4 19. Avoid habitat for species designated by regulation under the Ontario Endangered Species Act.

WLD-5 20. Avoid, or if avoidance is not possible, minimize

encroachment on significant portions of the habitat of threatened and endangered species.

WLD-6 21. Protect other wildlife species identified in the schedules in the Fish and Wildlife Conservation Act.

WLD-7 22. Avoid, or if avoidance is not possible, have no negative

impacts on significant wildlife habitat, as defined in the Significant Wildlife Habitat Technical Guide.

WLD-8 23. Maintain the diversity of wildlife habitat in an area and natural connections between them.

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

Project Activity or Compliance Requirement

App

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(Y/N

)

Plan

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D

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WLD-9

24. Regard the policies, plans, strategies and programs at the local/regional level dealing with other wildlife species of local or regional significance and, in descending order of priority: 1) avoid; 2) minimize impact; and 3) mitigate/restore.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

WLD-1 25. Migratory Bird Sanctuaries and National Wildlife Areas in Ontario as listed by Environment Canada shall be avoided.

WLD-1 26. Consider the conservation of wildlife on federal public lands

that are administered by the Federal Minister of the Environment, and in any protected marine areas.

WLD-3

27. Impacts on federal lands that provide critical habitat for listed wildlife species, and on other lands that provide critical habitat for listed migratory and aquatic species under the federal Species At Risk Act shall be avoided.

Environmental Protection Requirements for projects in Designated Areas:

Various 28. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13: Designated Areas of this User Guide).

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6 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Groundwater

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 6

Groundwater Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 6: Groundwater, December, 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter, Martin Gedeon and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION ........................................................................................................................................ 5 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE......................................................................... 5

2 GROUNDWATER CONCEPTS.................................................................................................................. 6 3 INCORPORATING GROUNDWATER ASSESSMENT AND MITIGATION INTO THE

TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS........................................ 7 4 MAIN REQUIREMENTS AND GOALS...................................................................................................... 9 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS............................................................ 10

5.1 CHANGE IN GROUNDWATER HYDRAULIC REGIME............................................................................... 11 5.1.1 Cause ...................................................................................................................................11 5.1.2 Potential Effect .....................................................................................................................11 5.1.3 Environmental Management Options...................................................................................11

5.2 REDUCED GROUNDWATER QUALITY.................................................................................................. 15 5.2.1 Cause ...................................................................................................................................15 5.2.2 Potential Effect .....................................................................................................................15 5.2.3 Environmental Management Options...................................................................................15

6 CHECKLIST ............................................................................................................................................. 19

LIST OF FIGURES Figure 3.1 An Example of How the Assessment and Mitigation of Groundwater is Integrated into the

Transportation Project Design and Construction Process ..................................................... 8 Figure 5.1.1 Change in Groundwater Hydraulic Regime (Decrease in Groundwater Quantity):

Opportunities for Intervention by Management Options ......................................................12 Figure 5.2.1 Reduced Groundwater Quality: Opportunities for Intervention by Management Options....16

LIST OF TABLES Table 5.1 Potential Environmental Impacts to Groundwater by Design Activity ..................................10 Table 5.1.1 Environmental Management Options for Change in Groundwater Hydraulic Regime

(Decrease in Quantity) .........................................................................................................13 Table 5.2.1 Environmental Management Options: Reduced Groundwater Quality ................................17

APPENDICES

APPENDIX 6.A: CHECKLIST FOR GROUNDWATER

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to groundwater. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding groundwater. Sub-section 3 - presents the transportation project design and construction process

and how groundwater assessment and mitigation is incorporated in that process.

Sub-section 4 - presents the main requirements and goals based on the Environmental Protection Requirements.

Sub-section 5 - presents typical groundwater impacts associated with transportation project design and construction; sub-sections 5.1 and 5.2 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring that groundwater issues are adequately addressed.

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2 GROUNDWATER CONCEPTS

The concept of “source water protection” is one of the key concepts in understanding and managing impacts to groundwater in Ontario. Source water is untreated water from streams, lakes, or underground aquifers that people use to supply private wells and public drinking water systems. Source water protection is about protecting both the quality and the quantity of these water sources, now and into the future. The Source Water Protection Primer (Pollution Probe) is an introduction on source water protection. In addition to drinking water supplies, groundwater supports aquatic ecosystems (lakes and streams) and wetlands. As part of integrated source protection strategy, municipalities, regional governments and conservation authorities are or have conducted groundwater studies. These studies provide a much better understanding of the groundwater supply, the threats to its future quality, and the issues that should be addressed as part of an integrated source protection strategy. The studies include four basic components:

• Aquifer1 Characterization is regional-scale depiction of groundwater distribution, recharge areas, and discharge areas (i.e., wetlands, rivers, streams and lakes). Aquifer characterization also includes determining and mapping areas of intrinsic susceptibility which is a measure of the ease with which pollutants released onto the land’s surface can contaminate the underlying groundwater resources.

• Wellhead Protection Areas are zones delineated to protect well water by imposing restrictions on activities that are likely to cause groundwater contamination. Wellhead Protection Areas are based on the length of time it would take a contaminant dissolved in the groundwater to reach the well.

• Contaminant Inventories are a catalogue of the potential threats to groundwater quality and include toxic chemicals and fuels stockpiles, and road salt storage and use.

• Water Use Assessments are records of the demands on the groundwater resource to meet the needs of residents, farmers, business and industry, schools, hospitals and other local institutions.

Another component of the integrated source protection strategy is the Permit -To Take- Water (PTTW). A PTTW is required from the Ontario Ministry of the Environment (MOE) for water taking greater than 50,000 litres per source per day (e.g. dewatering for the purpose of sewer pipe or bridge pier construction). Assessing Groundwater Section 3.4 of MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of groundwater.

1 Aquifer means a water-bearing formation that is capable of transmitting water in sufficient quantities to serve as a source of water supply (Ontario Water Resources Act).

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3 INCORPORATING GROUNDWATER ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how groundwater assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 An Example of How the Assessment and Mitigation of Groundwater is Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternative

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.3.4 ERD) Assess impacts of alternatives (3.3.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.3.1 ERD) Gather Background Data (3.3.2 ERD) Field Investigations (3.3.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD Section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.3.6 ERD) Consult 4 ERD)

Update Background Data (3.3.2 ERD) Update Field Investigations (3.3.3 ERD)

Assess impact of alternatives including construction impacts (3.3.5 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.3.6 ERD)

Groundwater Report (3.3.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.3.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 6.A summarizes the EPR’s that typically are applicable to groundwater resources for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following project-related impacts on groundwater have are considered to be typical:

1. change in groundwater hydraulic regime (decrease or increase in groundwater quantity); and

2. reduced groundwater quality.

Typical potential environmental impacts for various design features are defined below. Sub-sections 5.1 and 5.2 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the potential impacts that specific design and construction activities can have on groundwater and identifies the relevant sub-sections dealing with these impacts.

Table 5.1 Potential Environmental Impacts to Groundwater by Design Activity.

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/

Acce

ss R

oads

Brid

ges,

cu

lver

ts

and

chan

nels

Traf

fic

and

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section No

Change in groundwater hydraulic regime

X X X X X X X X X X X 5.1

Reduced groundwater quality X X X X X X X X X X X 5.2

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impact. For example: Interchanges can decrease groundwater quantity. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Change in Groundwater Hydraulic Regime

5.1.1 Cause The interception of groundwater and decreased surface permeability can decrease the quantity of groundwater. Interception of Groundwater The excavation of the ground can intercept the natural flow path of groundwater. This can occur in any excavation but is prevalent in a “cut” (excavating down through a hill or higher part of land to reduce slope of, for example, a transportation project). The construction of project elements such as foundations, sewer pipes, tunnels and bridges may require dewatering. Dewatering includes the pumping of water to keep an excavation free of water during construction in order to stabilize the ground and provide a safe working environment. Decreased Groundwater Recharge The development of or improvement to transportation facilities (such as inter-changes and additional lanes) can result in increased impervious areas and reduced water infiltration into the ground. In groundwater recharge zones, the result is an overall decrease in groundwater quantity.

5.1.2 Potential Effect A reduction in groundwater supply to wells and aquatic ecosystems and wetlands in the affected areas can result in loss of water supply for drinking water, and irrigation and reduced viability of the aquatic the ecosystems and wetlands. The decrease in groundwater supply may also increase the concentrations of contaminants of concern due to decreased dilution factors (e.g. de-icing/ anti-icing chemicals); see sub-section 5.2.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the Figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Change in Groundwater Hydraulic Regime (Decrease in Groundwater Quantity): Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

2

4

Legend:

Number refers to Management Option in Table 5.1.1

See Potential Effects

Temporary interception: dewatering & excavations

Permanent interception

3

9

3

6

Decreased groundwater recharge

8 7 4 5

Decrease in water quantity

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Table 5.1.1 Environmental Management Options for Change in Groundwater Hydraulic Regime (Decrease in Quantity) Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid intercepting significant groundwater flows.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Use any flexibility in transportation project design to avoid cuts or minimize the depth of cuts in areas with a high water table to minimize the interception of groundwater flows.

MTO • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Safety and other issues limit the ability to modify the project.

Avoid sensitive aquifers (such as those supplying drinking water) by predicting the zone of groundwater influence of construction activities.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Hydraulic testing to predict zone of influence of construction activities, may also require door-to-door water well inventories, ecological assessments and surface water feature inventories.

Control / Mitigation

Mitigate impacts to private wells by: • lowering of pumps • deepening wells • drilling new deeper wells.

None The application of these measures may be restricted by existing well construction, available deeper aquifers, and cost.

Discharge sufficient quantities of dewatering water over a larger area and into different receptors to minimize aquatic ecosystems impact.

None Dewatering water should be allowed to reach temperatures similar to the receiving water body to avoid thermal impacts.

Water chemistry between the groundwater and the receiving water body may be different which may effect the aquatic ecosystem.

4

5

1

2

3

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Possible Management Options References Considerations

Routing intercepted groundwater to aquatic ecosystems.

MTO • Drainage Design

Standards • Drainage Design

Manual

The quality of the groundwater may become degraded by mixing with storm water run-off – See Section 12 - Surface Water of this User Guide.

Monitoring surrounding area (such as by establishing a complaint review process and reactive mitigation and contingency plans).

MTO • Environmental

Reference for Contract Preparation Section 3 - Protection of Water and Fisheries Resources

• Drinking Well Water Sampling and Testing Guidelines

Costs for setting up a complaint review process and mitigation of groundwater issues can be significant.

Design stormwater management practices to promote infiltration of storm water to maintain groundwater.

MTO • Drainage Design

Standards • Drainage

Management Manual

Stormwater run-off may be contaminated and require treatment. See Sub-section - 5.2 Reduced Groundwater Quality

Replacement / Compensation

Provide residences with alternative drinking water sources or supply such as connecting to municipal water, or temporary measures such as water tanks.

None Residence dissatisfaction

6

7

9

8

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5.2 Reduced Groundwater Quality

5.2.1 Cause Groundwater quality can become degraded during the construction and operation of a transportation facility as follows:

• property acquired for the project may have existing groundwater and/or soil contamination that can be mobilized towards down-gradient receptors through construction activities (such as excavations);

• environmental and geotechnical subsurface investigations (boreholes, wells, etc.) and abandoned wells2 can create pathways for contaminants to enter groundwater;

• accidental spills from equipment (fuels, oil, grease) or other materials used in construction can infiltrate to the groundwater;

• use, storage and handling of de-icing / anti-icing chemicals (primarily salt) can infiltrate directly into the groundwater or via stormwater run-off; and

• accidental vehicle spills during the operation of the facility can infiltrate directly into the groundwater or via stormwater run-off.

5.2.2 Potential Effect Degraded groundwater may:

• not be suitable for use as drinking water; • not be suitable for irrigation; and/or • have a harmful effect on groundwater-supported vegetation, wetlands and

aquatic ecosystems.

5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential mitigation by management options shown as numbered stop sign symbol. Table 5.2.1 provides details regarding each management option number referenced in the Figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

2 Abandoned wells refer to wells that have not been decommissioned and sealed to prevent contamination of groundwater.

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Figure 5.2.1 Reduced Groundwater Quality: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

8 7

4

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

3

Subsurface Investigations / Abandoned

Wells

Vehicle Spills

De-icing / Anti-icing Chemicals

5 2

Contaminated Property

See Section 12- Surface Water of this User Guide

Construction Spills

4 6

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Table 5.2.1 Environmental Management Options: Reduced Groundwater Quality Possible Management Options References Considerations Avoidance / Prevention

Set location to avoid the sensitive groundwater areas.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design Standards for

Ontario Highways • Roadside Safety Manual

Limited ability to move some elements (like alignment) in the design stage.

Identify and manage potential contaminated soil and contaminated groundwater plumes.

MTO Environmental Guide for Contaminated Property Identification and Management

Decommission and seal wells and boreholes in accordance with the Wells Regulation 903 under the Ontario Water Resources Act.

MTO Environmental Reference for Contract Preparation Section 3 - Protection of Water and Fisheries Resources.

Other MOE Green Facts: The Protection Of Water Quality In Bored And Dug Wells

Control / Mitigation

Direct construction activities to minimize contamination of soils and groundwater.

MTO Environmental Reference for Contract Preparation Section 8 - Management of Products, Fuels, Waste and Excess Materials

Minimize use of de-icing / anti-icing chemicals through • a Salt Management Plan

formulated to reduce applications

• the flexibility in design to reduce snow drifting onto and ice formation on the transportation facility

Use Patrol Yard design flexibility to minimize loss of de-icing / anti-icing chemicals through storage and handling.

MTO Salt Management Plan (under development) Environmental Guide for Patrol Yard Design

Other Highway Transportation Association of Canada’s Synthesis of Best Practices – Road Salt Management – Road and Bridge Design

Safety and other design and operational considerations can restrict where these options can be used.

Reduce infiltration of contaminated drainage through stormwater management design

See Section 12 - Surface Water of this User Guide

2

3

4

5

6

1

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Possible Management Options References Considerations Replacement / Compensation

Provide residents with safe drinking and general use water in case of accidental contamination.

None

Remediate the groundwater and conduits in the event of contamination,

MTO Environmental Guide for Contaminated Property Identification and Management

Other • Ontario Reg. 153/04. Soil, Ground

Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act

• MOE Provincial Water Quality Objectives for Surface Water

• MOE Ontario Drinking Water Standards

Remediation costs can be significant.

7

8

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6 CHECKLIST

Appendix 6.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 6.A: Checklist for Groundwater See Separate File.

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6 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 6.A Checklist for Groundwater

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example GW-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

PROJECT SCOPE 1. Was the Groundwater Speciality identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

2. Were groundwater issues identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment

3. Have the following been determined and mapped:

(a) Existing groundwater recharges and discharge areas?

(b) Topographic, soils and geological information?

(c) Borehole and geophysical data?

(d) Location and type of private wells?

(e) Changes in site conditions and other works in the area?

4. Has sub-surface drilling and monitoring well installation taken place?

Background Data and Field Investigations

5. Has photo documentation taken of groundwater upwelling or potential contamination or quantity issues been completed?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

6. Has the significance and the sensitivity to disturbance of the following been determined:

(a) Areas of groundwater recharge and discharge?

(b) Groundwater-surface water interactions? Determination of Significance

(c) Groundwater sensitive ecosystems?

7. Has a change in groundwater hydraulic regime (decrease or increase in groundwater quantity) been considered?

8. Has a reduction in water quality been considered?

9. Have the potential permanent and temporary impacts to groundwater been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

Assessment of Impacts

14. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 15. Has a preliminary mitigation strategy been completed?

16. Has a detailed mitigation strategy been completed?

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

2

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COMPLIANCE

Environmental Protection Requirements4

GW-1

17. Boreholes, test holes, dewatering wells and water wells shall be drilled and installed with due regard for the subsurface environment, protection of groundwater resources from surface contamination, and prevention of aquifer cross connection.

GW-2 18. All boreholes, test holes, water wells and dewatering wells that are no longer in use or needed shall be properly decommissioned.

GW-3 19. Protect groundwater supplies on adjacent lands.

GW-3 20. Ministry of the Environment Ontario Drinking Water Standards

shall be maintained in groundwater supplies on adjacent lands or an alternative supply of equal or better quality shall be provided.

GW-4 21. Maintain groundwater base flow and availability for water supply in

natural systems in a manner consistent with watershed planning of the area.

GW-5 22. Provide source protection in terms of both quality and quantity and

recognize vulnerable or sensitive (highly vulnerable) aquifer zones and wellhead protection zones.

GW-6 23. A Permit-To-Take-Water shall be obtained from the Ministry of the

Environment for the taking of water over 50,000 l/day from any given source (groundwater and surface water).

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Ministry of Transportation Section 6: Groundwater Environmental Standards and Practices User Guide Appendix 6.A: Checklist

Dec-06 Page 7 of 7

Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

Environmental Protection Requirements for projects in Designated Areas:

Various 24. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide)?

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7 Section

MINISTRY OF TRANSPORTATION

Land Use

Version: December 2006

Environmental Standards and Practices User Guide

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 7 Land Use

Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 7: Land Use, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of The Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 INTRODUCTION............................................................................................................................. 6

1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE .........................................................................6 2 LAND USE CONCEPTS................................................................................................................. 7 3 INCORPORATING LAND USE ASSESSMENT AND MITIGATIONINTO THE HIGHWAY

DESIGN AND CONSTRUCTION PROCESS................................................................................. 9 4 MAIN REQUIREMENTS AND GOALS ........................................................................................ 11 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS ................................................ 12

5.1 TYPICAL POTENTIAL ENVIRONMENTAL IMPACTS TO AGRICULTURAL .....................................................13 5.1.1 Cause....................................................................................................................................... 13 5.1.2 Potential Effect......................................................................................................................... 14 5.1.3 Environmental Management Options ...................................................................................... 14

5.2 TYPICAL POTENTIAL ENVIRONMENTAL IMPACTS TO RESIDENTIAL COMMUNITIES AND THEIR FACILITIES, AND COMMERCIAL, INDUSTRIAL AND TOURISM OPERATIONS..............................................18

5.2.1 Cause....................................................................................................................................... 18 5.2.2 Potential Effect......................................................................................................................... 18 5.2.3 Environmental Management Options ...................................................................................... 18

5.3 IMPACTS TO RECREATIONAL LANDS AND NATURAL AREAS OF PROVINCIAL SIGNIFICANCE ....................22 5.3.1 Cause....................................................................................................................................... 22 5.3.2 Potential Effect......................................................................................................................... 22 5.3.3 Environmental Management Options ...................................................................................... 22

5.4 IMPACTS TO AGGREGATES AND MINES...............................................................................................25 5.4.1 Cause....................................................................................................................................... 25 5.4.2 Potential Effect......................................................................................................................... 25 5.4.3 Environmental Management Options ...................................................................................... 25

5.5 IMPACTS TO MUNICIPAL SERVICES.....................................................................................................28 5.5.1 Cause....................................................................................................................................... 28 5.5.2 Potential Effect......................................................................................................................... 28 5.5.3 Environmental Management Options ...................................................................................... 28

6 CHECKLIST.................................................................................................................................. 31 LIST OF TABLES Figure 3.1 An Example of How the Assessment and Mitigation of Land Use is Integrated into the

Transportation Project Design and Construction Process...................................................... 10 Table 5.1 Potential for Environmental on Land Use Impacts by Design Activity.................................... 13 Table 5.1.1 Environmental Management Options for Impacts to Agricultural ........................................... 16 Table 5.2.1 Environmental Management Options for Impacts to Residential Communities and their

Facilities, and Commercial, Industrial, and Tourism Operations ............................................ 20 Table 5.3.1 Environmental Management Options for Impacts to Recreational Lands and Natural Areas of

Provincial Significance............................................................................................................ 24 Table 5.4.1 Environmental Management Options for Impacts to Aggregates and Mines ......................... 27 Table 5.5.1 Environmental Management Options for Municipal Services................................................. 30

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LIST OF FIGURES Figure 5.1.1 Impacts to Agricultural Lands: Opportunities for Intervention by Management Options ........ 15 Figure 5.2.1 Impacts to Residential Communities and their Facilities, and Commercial, Industrial, and

Tourism Operations: Opportunities for Intervention by Management Options ....................... 19 Figure 5.3.1 Impacts to Recreational Lands and Natural Areas of Provincial Significance: Opportunities

for Intervention by Management Options .............................................................................. 23 Figure 5.4.1 Impacts to Aggregates and Mines: Opportunities for Intervention by Management Options. 26 Figure 5.5.1 mpacts to Municipal Services: Opportunities for Intervention by Management Options ........ 29 APPENDICES APPENDIX 1: Checklist for Land Use

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to land use. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding land use. Sub-section 3 - presents highway design and construction process and how land uses

are considered. Sub-section 4 - presents the main requirements and goals based on the Environmental

Protection Requirements. Sub-section 5 - presents typical impacts on land uses associated with highway design

and construction; and sub-sections 5.1 to 5.5 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring that land use issues are adequately addressed.

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2 LAND USE CONCEPTS

For the purposes of assessing impacts associated with highway design and construction; land uses are defined as:

• Agricultural and related uses: means the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including accommodation for full-time farm labour when the size and nature of the operation requires additional employment. Farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation (Provincial Policy Statement 2005).

• Residential: (urban & rural) includes residential neighbourhoods; rural communities; vehicular and pedestrian access; heritage buildings and features; and, aesthetics.

• Commercial, Industrial & Tourism: includes vehicular and pedestrian access; heritage buildings and features; and, contaminated property.

• Community Facilities: include community facilities/institutions; vehicular and pedestrian access; heritage buildings and features; and, contaminated property.

• Recreation: means leisure time activity undertaken in built or natural settings for purposes of physical activity, health benefits, sport participation and skill development, personal enjoyment, positive social interaction and the achievement of human potential (Provincial Policy Statement 2005).

• Natural Features and areas: means features and areas, including significant wetlands, significant coastal wetlands, fish habitat, significant woodlands south and east of the Canadian Shield, significant valleylands south and east of the Canadian Shield, significant habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area (Provincial Policy Statement 2005).

• Aggregates/Mines: include aggregates operations (the extraction of gravel, sand, rock, etc. as defined in the Aggregate Resources Act) and mining operations (any opening or excavation in the ground for the purpose of obtaining minerals as defined in the Mining Act).

• Municipal Services: may include sewage works as defined in the Ontario Water Resources Act and drinking-water systems as defined in the Safe Drinking Water Act that is owned or operated by a municipality.

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Land use is governed by several acts, plans, and statements including: • Aggregate Resources Act • Green Belt Protection Act • Mining Act • Niagara Escarpment Protection Act • Official Plans and zoning by-laws • Oak Ridges Moraine Protection Act • Places to Grow Act • Planning Act • Provincial Parks and Conservation Reserves Act • Provincial Policy Statement • Public Lands Act

Various agencies are involved in identifying land use areas. These include:

• Municipalities • Ministry of Municipal Affairs and Housing • Conservation Authorities • Ministry of Natural Resources (Crown land) • Ministry of Agriculture, Food and Rural Affairs • Other Provincial Land Use Agencies (e.g. Niagara Escarpment Commission ) • Relevant Federal Agencies (e.g. Parks Canada)

Assessing Land Use Impacts Section 3.5 of MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of land use impacts.

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3 INCORPORATING LAND USE ASSESSMENT AND MITIGATIONINTO THE HIGHWAY DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how land use assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 An Example of How the Assessment and Mitigation of Land Use is Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.5.4 ERD) Assess impacts of alternatives (3.5.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.5.1 ERD) Gather Background Data (3.5.2 ERD) Field Investigations (3.5.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.5.6 ERD) Consult 4 ERD)

Update Background Data (3.5.2 ERD) Update Field Investigations (3.5.3 ERD)

Assess impact of alternatives including construction impacts (3.5.5 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.5.6 ERD)

Land Use Factors Report (3.5.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.5.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to the transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 7.A summarizes the EPR’s that typically are applicable to land use for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 13 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, five types of land use have been identified: 1. agriculture; 2. residential and community facilities, commercial, industrial and tourism

operations; 3. recreational lands and natural areas of provincial significance (e.g., Parks); 4. aggregates/mines; and 5. municipal services.

Typical potential environmental impacts for various design activities are defined below. Sub-sections 5.1 to 5.5 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effects; and • the environmental options to manage the impacts.

Table 5.1 presents the various design and construction activities that can have an impact on the five land uses and identifies the relevant sub-sections dealing with these impacts.

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Table 5.1 Potential for Environmental on Land Use Impacts by Design Activity

DESIGN ACTIVITY

IMPACT

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/ Ac

cess

Roa

ds

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Agricultural Lands X X X X X X X X X X X 5.1 Residential and Community Facilities, Commercial, Industrial and Tourism Operations

X X X X X X X X 5.2

Recreation and Natural Areas of Provincial Significance

X X X X X X X X X X X 5.3

Aggregates/Mines X X X X X X X 5.4 Municipal Services X X X X X X X X X X X 5.5 Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The sub-section identified in the last column provides a detailed discussion of the potential impacts on the land use and the possible strategies for addressing the impacts. The user should refer to the applicable sub-section (e.g. 5.1) to learn about the nature of the potential impacts (Section 5.1.1) and what can be done to address the impacts (Table 5.1.1).

5.1 Typical Potential Environmental Impacts to Agricultural

5.1.1 Cause The location of highway elements such as interchanges; lanes; temporary / access roads; bridges and culverts; and traffic and noise barriers, etc., can encroach, disrupt and alter agricultural lands and facilities resulting in the following:

• agricultural land loss; • changes to surface water and ground water; • changes to access to fields, facilities and/or markets; and • introduction of weeds/nuisance vegetation, de-icing chemicals, and dust.

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5.1.2 Potential Effect More specifically, the above impacts to agricultural lands can have the following effects:

• loss of Class 1, 2 and 3 lands; • loss of specialty crop areas; • loss of invested capital including, tile drains, fences and improvements for

nutrient management (the ability to meet Minimum Distance Separation may be affected by encroachment);

• negative effects on water supply; • disruption of farming infrastructure and community; and • negative effects of de-icing chemicals, noise and dust vibrations on crops and

livestock.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental concerns and the potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Impacts to Agricultural Lands: Opportunities for Intervention by Management Options

Design / Construction Activity - see Table 5.1

1

4 Legend: Number refers to Management Option in Table 5.1.1

3

Footprint Loss / Severing

4

Loss of Invested Capital

Changes to surface water and groundwater

Source: Weeds/Nuisance Vegetation, De-icing Chemicals,

poor air quality (dust, etc.)

1211

10

Changing access to fields; facilities and/or markets

98

Loss of Specialty Crop Areas

Changes to site field drainage / drainage

tiles

Decreased Drainage and/or

Productivity

7

Disrupting Farming

Permanent

Degraded Water Supply

Temporary Permanent Temporary

Temporary

14

Loss of Invested Capital

Permanent

Removal of improvements 2

6

Temporary Permanent

5

13

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Table 5.1.1 Environmental Management Options for Impacts to Agricultural

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid agricultural feature and / or avoid fragmentation.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Avoid / Minimize severing by following lot/concession/field lines or existing right-of-way.

None Limited ability to relocate some elements (like alignment) in the design stage.

Recondition fields where construction impacts have occurred.

None Ability to recondition soil dependent on type of impact (e.g., compaction) and soil type.

Replace improvements and maintain fences particularly where livestock may be present.

None

Re-establish site drainage through drainage design.

MTO Drainage Management

Manual Drainage Design

Standards

Replace agricultural drainage tiles. None Requires the use of a licensed individual as per the Agricultural Tile Drainage Installation Act

Maintain water quality and quantity to control for impacts to wells and farm water supplies.

See Section 6 - Groundwater and 12 - Surface Water and of this User Guide

Provide new access for farm related travel to ensure equally efficient operation of the individual farm operation and the farm community.

MTO Primary references include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

2

3

4

5

6

7

1

8

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Possible Management Options References Considerations

Minimize inconvenience to farm operation during construction by: scheduling construction to avoid work during active farm operations (e.g. cultivation, harvesting etc.), and providing alternative temporary access.

None Temporary access may have other environmental impacts.

Use non-invasive plant species for landscaping.

See Section 4 - Woodlands and Other Vegetated Areas of this User Guide

Use of salt management practices near salt vulnerable agricultural operations to minimize impacts.

MTO See Section 6 -

Groundwater of this User Guide for more on Salt Management

Other Transportation Association

of Canada: Primer on Road Salt and Snow and Ice Control

Control dust during construction to minimize impacts to crops and livestock.

MTO Environmental Reference

for Contract preparation Section 5 – Dust Control.

Replacement / Compensation

Acquiring property at fair market value or providing appropriate notice period (per lease agreements) if land is in public ownership.

MTO Brochure: Highway

Property Purchasing: Information for Property Owners

MTO has a process for property purchasing.

Where no land is taken, MTO may compensate only for damages resulting from construction of the highway

None MTO has a process for assessing and compensating damages resulting from construction.

9

11

12

10

13

14

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5.2 Typical Potential Environmental Impacts to Residential Communities and their Facilities, and Commercial, Industrial and Tourism Operations

5.2.1 Cause The location of highway elements such as interchanges, lanes, temporary / access roads, and bridges and culverts, can encroach, sever, displace, disrupt and alter rural and residential communities and their facilities.

5.2.2 Potential Effect Encroaching upon residential and community facilities, as well as commercial, industrial and tourism operations can result in the following:

• access loss to: o highways; o driveways/business; and o pedestrian/bicycle routes;

• loss of visibility for business; • Increased travel time and distance for:

o highway accesses; o driveway/business accesses; o public transit routes; o emergency response routes; o school buses routes; and o pedestrian/bicycle routes/accesses;

• loss of homes, and or recreational / community facilities; • disrupt of the character of an area;

o alteration of parks and natural areas; o severance of trails, greenways or open space linkages;

• increased noise from construction activities and highway operation (See Section 8 - Noise of this User Guide for more details on noise effects); and/or

• reduced air quality from construction activities and highway operation (See Section 13 - Air of this User Guide for more details on air effects)

5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.2.1 Impacts to Residential Communities and their Facilities, and Commercial, Industrial, and Tourism Operations: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

4

Legend:

Number refers to Management Option in Table 5.2.1

Encroachment, severance, displacement, disruption, and alteration

10

4

Procurement of Real Estate

Change to access and routes

2

Temporary Permanent

3

11

5

6

Changing character of

area

7

Changes to well water

8

Changes to air quality

9

Changes to noise levels

See Potential Effects See Potential Effects

Effects: Loss of homes, and/or recreational /

community facilities

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Table 5.2.1 Environmental Management Options for Impacts to Residential Communities and their Facilities, and Commercial, Industrial, and Tourism Operations

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid land use feature.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design Standards

for Ontario Highways • Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Avoid / Minimize severing by following lot/concession or existing right-of-way.

None Limited ability to relocate some elements (like alignment) in the design stage.

Restore access. MTO Primary references include: • Geometric Design Standards

for Ontario Highways • Roadside Safety Manual

Provide alternative access; or use signing and detours; and/or minimize the time when access is affected and/or stage construction to avoid key times.

MTO Primary references include: • Geometric Design Standards

for Ontario Highways • Roadside Safety Manual

Retain and/or plant vegetative areas to retain aesthetic characteristics of features.

MTO Environmental Reference for

Highway Design Section 3.9 - Landscape Composition

Environmental Reference for Contract Preparation Section 5 - Erosion And Sediment Control And Vegetation Management

Design site structures to blend with adjacent areas.

MTO Aesthetic Guidelines for Bridges

Minimize and/or mitigate impacts to well water quality and quantity.

See Sections 6 - Groundwater of this User Guide

Minimize and/or mitigate noise effects.

See Section 8 - Noise of this User Guide

2

3

4

5

6

7

8

1

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Possible Management Options References Considerations

Minimize and/or mitigate air quality effects.

See Sections 13 - Air of this User Guide

Replacement / Compensation

Acquiring property at fair market value or providing appropriate notice period (per lease agreements) if land is in public ownership.

MTO Brochure: Highway Property

Purchasing: Information for Property Owners

MTO has a process for property purchasing.

Where no land is taken, MTO may compensate only for damages resulting from construction of the highway.

None MTO has a process for assessing and compensating damages resulting from construction.

9

10

11

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5.3 Impacts to Recreational Lands and Natural Areas of Provincial Significance

5.3.1 Cause The location of highway elements such as interchanges; lanes; temporary / access roads; bridges and culverts can encroach upon recreational lands and natural areas such as parks, multi-modal trails, greenways, open spaces, and natural features, resulting in changes to the following:

• size of the area (footprint); • wells, sewage and other water systems; and • access and routes.

5.3.2 Potential Effect Encroaching upon recreational lands and natural areas of provincial significance can result in the loss of the recreational lands or natural areas or reduce the use or enjoyment of these areas.

5.3.3 Environmental Management Options Figure 5.3.1 depicts the environmental impact and their potential intervention by management options shown as numbered stop sign symbols. Table 5.3.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.3.1 Impacts to Recreational Lands and Natural Areas of Provincial Significance: Opportunities for Intervention by Management Options Significance:

Design / Construction Activity – see Table 5.1

1

4

Legend:

Number refers to Management Option in Table 5.3.1

Changes to water systems

Changing access and routes

6 5

4 Permanent Temporary

Footprint Loss

2

See Potential Effects

3

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Table 5.3.1 Environmental Management Options for Impacts to Recreational Lands and Natural Areas of Provincial Significance

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid. MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Avoid / Minimize severing by following lot/concession lines or existing right-of-way.

None Limited ability to relocate some elements (like alignment) in the design stage.

Protect / restrict access to areas during construction.

MTO Environmental Reference for Contract preparation Section 2 - General Environmental and Incident Management Protection of Environmentally Sensitive Areas during construction.

Maintain water quality and quantity to control impacts to recreational lands and natural areas.

See Section 6 – Groundwater and Section 12 – Surface Water of this User Guide.

Restore access. MTO • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Provide alternative access; or use signing and detours; and/or minimize the time when access is affected and/or stage construction to avoid key times.

MTO • Geometric Design

Standards for Ontario Highways

• Ontario Traffic Manual

3

2

6

4

1

5

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5.4 Impacts to Aggregates and Mines

5.4.1 Cause The location or changes to highway elements such as interchanges and lanes can cause changes to aggregate and mine operations as follows:

• loss of access to primary and secondary mineral/aggregate deposit areas; • longer travel time; and • increased on usage of wells.

5.4.2 Potential Effect The loss of access and increase travel times can decrease the viability of the operations.

5.4.3 Environmental Management Options Figure 5.4.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.4.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.4.1 Impacts to Aggregates and Mines: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

4

Legend:

Number refers to Management Option in Table 5.4.1

Changes to well usage

Isolation of primary/secondary mineral/aggregate

deposit areas

Changing access / travel times to

facilities

2 4 3

Permanent Temporary

5

See Potential Effects

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Table 5.4.1 Environmental Management Options for Impacts to Aggregates and Mines

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid feature and / or avoid fragmentation.

None Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Maintain water quality and quantity to control for impacts to wells and water supplies.

See the sections Section 6 - Groundwater and Section12 - Surface Water of this User Guide

Provide new access for aggregate/mine operation.

MTO Geometric Design Standards for Ontario Highways

Provide temporary access and/or stage construction to avoid key times.

MTO Ontario Traffic Manual

Utilization of aggregate/mine resources in advance of project or incorporate usage as part of construction.

None Limited ability to control advanced utilization.

1

1 3

4

5

2

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5.5 Impacts to Municipal Services

5.5.1 Cause The location of highway elements such as interchanges; lanes; temporary / access roads; bridges and culverts; and traffic and noise barriers can alter or disrupt municipal services resulting in changes to the following impacts:

• well water quantity and quality; • disruption of access to for emergency response and to public transit routes;

and • disruption of municipal utilities such as water, sewer, electricity, etc.

5.5.2 Potential Effect The overall effect is a reduction in municipal service delivery.

5.5.3 Environmental Management Options Figure 5.5.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.5.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.5.1 Impacts to Municipal Services: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

Legend:

Number refers to Management Option in Table 5.5.1

Changes to well water Disruption of Utilities Changing access

4 3 2

Permanent Temporary

See Potential Effects

5

4

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Table 5.5.1 Environmental Management Options for Municipal Services

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid disrupting municipal service facilities.

None Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Maintain water quality and quantity to control and impacts to municipal wells.

See Section 5 - Groundwater of this User Guide

Provide alternative access for municipal services.

MTO Geometric Design Standards for Ontario Highways

Minimize disruption of services by providing temporary access and/or stage construction to avoid key times.

MTO Ontario Traffic Manual

Relocate services. None

1

4

5

2

3

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6 CHECKLIST

Appendix 7.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 1: Checklist for Land Use

See Separate File.

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7 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 7.A Checklist for Land Use

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 CHECKLIST FOR AGRICULTURAL LAND USE............................................................................... 5 2 CHECKLIST FOR RESIDENTIAL LAND USE.................................................................................... 9 3 CHECKLIST FOR COMMERCIAL, INDUSTRIAL AND TOURISM LAND USE ..............................13 4 CHECKLIST FOR COMMUNITY FACILITIES LAND USE...............................................................17 5 CHECKLIST FOR RECREATIONAL LAND USES & NATURAL AREAS.......................................20 6 CHECKLIST FOR AGGREGATES AND MINES ..............................................................................22 7 CHECKLIST FOR MUNICIPAL SERVICES......................................................................................25

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist: 1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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1 CHECKLIST FOR AGRICULTURAL LAND USE

Documented in:

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PROJECT SCOPE 1. Was the Land Use Speciality identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A 2. Was agricultural land use identified during the course of the

project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Have the following been determined and mapped:

(a) Specialty Crop Areas and Tender Fruit Areas, Class 1-6 agricultural areas?

(b) Drainage (including agricultural drains)?

(c) Microclimate data?

(d) Property boundary/ assessment data?

(e) Soil class?

(f) Topographic / demographic features?

(g) Active farm locations and the type of operation at each location?

Background Data and Field Investigations

(h) Farm buildings and other key permanent facilities at each location?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

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4. Has the significance and sensitivity to disturbance of the following been determined:

(a) Encroachment, severance, displacement, disruption, alteration of farm operations?

(b) Specialty Crop Areas and Tender Fruit Areas, Class 1-6 agricultural areas?

(c) Farm communities and infrastructure?

(d) Air, drainage and microclimate to noise, dust, vibrations and de-icing chemicals?

Determination of Significance

(e) Nutrient management and minimum setback distance requirements?

5. Has agricultural land loss been considered?

6. Have changes to surface water and groundwater been considered?

7. Has a change in access to fields, facilities and/or markets been considered?

8. Has the introduction of weeds/nuisance vegetation, de-icing chemicals and dust been considered?

9. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

Assessment of Impacts

10. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

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Documented in:

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Environmental Protection / Mitigation 11. Has a preliminary mitigation strategy been completed?

12. Has a detailed mitigation strategy been completed?

COMPLIANCE Environmental Protection Requirements4

GEN-1

13. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

AGR-1 14. Avoid prime agricultural areas.

AGR-1 15. If prime agricultural lands cannot be avoided, consider lower

priority agricultural lands (lower capability lands) within the prime agricultural areas.

AGR-1 16. Minimize the detrimental impacts on surrounding agricultural communities, existing operations and lands.

AGR-1 17. Consider nutrient management and Minimum Distance Separation requirements of affected farming operations.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

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Environmental Protection Requirements for projects in Designated Areas:

Various 18. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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2 CHECKLIST FOR RESIDENTIAL LAND USE

Documented in:

Project Activity or Compliance Requirement for Residential Land Use A

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PROJECT SCOPE

1. Was the Land Use Speciality identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Were residential areas identified during the course of the

project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Have the following been determined and mapped:

(a) Existing and future land uses?

(b) Federal, Provincial and Municipal plans, policies and guidelines?

(c) Other resources from local and regional resources?

(d) Property boundary/ assessment data?

(e) Locations of residential neighborhoods?

(f) Locations of rural communities?

(g) Areas for vehicular and pedestrian access?

(h) Heritage buildings and features?

Background Data and Field Investigations

(i) Aesthetic features?

5 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 6 Transportation Environmental Study Report including amendments 7 Design Construction Report including amendments

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Documented in:

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4. Has the background data pertaining to residential land use been verified?

5. Has the significance and the sensitivity to disturbance of the following been determined:

(a) Encroachment, severance, displacement, disruption, alteration of rural communities and residential neighborhoods?

(b) Displacement or extraordinary isolation of homes?

(c) Overall effect on locations and usage of wells and residential sewage and water systems?

(d) Overall effects on access or travel time to various land uses?

(e) Alteration, severance/extension and overall effect on bus routes (local municipal transit and school buses)?

Determination of Significance

(f) Disruption and overall effect on emergency response routes?

6. Has the procurement of real estate been considered?

7. Has a change to character of an area been considered?

8. Has the loss of or change to access and routes been considered?

9. Have changes to well water been considered? See Section 6 - Groundwater.

N/A N/A N/A N/A N/A N/A

10. Have changes to air quality been considered? See Section 14 - Air.

N/A N/A N/A N/A N/A N/A

Assessment of Impacts

11. Have changes to noise levels been considered? See Section 8 - Noise.

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Documented in:

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12. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

13. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 14. Has a preliminary mitigation strategy been completed?

15. Has a detailed mitigation strategy been completed?

COMPLIANCE

Environmental Protection Requirements8

GEN-1

16. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

8 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

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Environmental Protection Requirements for projects in Designated Areas:

Various 17. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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3 CHECKLIST FOR COMMERCIAL, INDUSTRIAL AND TOURISM LAND USE

Documented in:

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pplie

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PROJECT SCOPE 1. Was commercial, industrial or tourism land use identified in

the Request for Proposals? N/A N/A N/A N/A N/A N/A 2. Was commercial, industrial or tourism land use identified

during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Have the following been determined and mapped:

(a) Commercial, industrial & tourism areas?

(b) Vehicular and pedestrian access?

(c) Heritage buildings and features? See Section 10 – Cultural Heritage.

N/A N/A N/A N/A N/A N/A

(d) Contaminated property? See Section 9 -Contaminated Property.

N/A N/A N/A N/A N/A N/A

Background Data and Field Investigations

4. Has the background data pertaining to commercial, industrial and tourism land uses been verified?

9 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 10 Transportation Environmental Study Report including amendments 11 Design Construction Report including amendments

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Documented in:

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5. Has the significance and the sensitivity to disturbance of the following been determined:

(a) Encroachment, severance, displacement, disruption, alteration of commercial, industrial, and tourism areas?

(b) Effect on highway exposure for commercial, industrial, and tourism areas?

(c) Effect on overall travel time and distance for local manufacturers and shippers?

(d) Effects on regional distribution of manufacturing?

(e) Overall effects on regional and local economy?

(f) Overall effects on access or travel time to various land uses?

(g) Disruption and overall effect on emergency response routes?

(h) Alteration, severance/extension and overall effect (including staging detours) on bus routes (local municipal transit and school buses)?

Determination of Significance

(i) Overall effect on locations and usage of wells? See Section 6 - Groundwater.

N/A N/A N/A N/A N/A N/A

6. Has the procurement of real estate been considered?

7. Has a change to character of an area been considered?

8. Has the loss of or change to access and routes been considered?

9. Have changes to well water been considered? See Section 6 - Groundwater.

N/A N/A N/A N/A N/A N/A

10. Have changes to air quality been considered? See Section 14 - Air.

N/A N/A N/A N/A N/A N/A

Assessment of Impacts

11. Have changes to noise levels been considered? See Section 8 - Noise.

N/A N/A N/A N/A N/A N/A

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12. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

13. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 18. Has a preliminary mitigation strategy been completed?

19. Has a detailed mitigation strategy been completed?

COMPLIANCE Environmental Protection Requirements12

GEN-1

20. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

12 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

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Environmental Protection Requirements for projects in Designated Areas:

Various 21. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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4 CHECKLIST FOR COMMUNITY FACILITIES LAND USE

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PROJECT SCOPE

1. Was the Land Use Speciality identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Were community facilities identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment

3. Have the following been determined and mapped:

(a) Community facilities?

(b) Vehicular and pedestrian access?

(c) Heritage buildings and features? See Section 10 - Cultural Heritage.

N/A N/A N/A N/A N/A N/A

(d) Contaminated property? See Section 9 - Contaminated Property.

N/A N/A N/A N/A N/A N/A

Background Data and Field Investigations

4. Has the background data pertaining to community facilities been verified?

13 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 14 Transportation Environmental Study Report including amendments 15 Design Construction Report including amendments

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Documented in:

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5. Has the significance and the sensitivity to disturbance of the following been determined:

(a) Encroachment, severance, displacement, disruption, alteration of community facilities/institutions?

(b) Alteration, severance/extension and overall effect on bus routes (local municipal transit and school buses)?

(c) Overall effects on access or travel time to various land uses?

(d) Disruption and overall effect on emergency response routes?

Determination of Significance

(e) Overall effect on locations and usage of wells? See Section 6 - Groundwater.

N/A N/A N/A N/A N/A N/A

6. Has the procurement of real estate been considered? 7. Has a change to character of an area been considered? See

Section 10 - Cultural Heritage. N/A N/A N/A N/A N/A N/A

8. Has the loss of or change to access and routes been considered?

9. Have changes to well water been considered? See Section 6 - Groundwater.

N/A N/A N/A N/A N/A N/A

10. Have changes to air quality been considered? See Section 14 - Air.

N/A N/A N/A N/A N/A N/A

11. Have changes to noise levels been considered? See Section 8 - Noise.

N/A N/A N/A N/A N/A N/A

12. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of construction? (c) Highway operation/maintenance?

Assessment of Impacts

13. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

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Documented in:

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Environmental Protection / Mitigation 14. Has a preliminary mitigation strategy been completed? 15. Has a detailed mitigation strategy been completed?

COMPLIANCE Environmental Protection Requirements16

GEN-1

16. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None Environmental Protection Requirements for projects in Designated Areas:

Various 17. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

N/A N/A N/A N/A N/A N/A

16 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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5 CHECKLIST FOR RECREATIONAL LAND USES & NATURAL AREAS

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PROJECT SCOPE 1. Was the Land Use Speciality identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

2. Were recreation areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Have the following been determined and mapped: (a) Passive and active parks?

(b) Vehicular and pedestrian access to parks?

(c) Aesthetics? (d) Public recreational corridors (multi-modal trails)?

(e) Recreational and navigable river systems?

Background Data and Field Investigations

4. Has the background data pertaining to recreational land uses and natural areas been verified?

Determination of Significance

5. Has the significance and the sensitivity to disturbance of the following been determined for parks, multi-modal trails, greenways and open space linkages?

6. Have changes from encroachment, severance, displacement, disruption, alteration been considered?

Assessment of Impacts

7. Have changes to wells, sewage and other water systems been considered?

17 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 18 Transportation Environmental Study Report including amendments 19 Design Construction Report including amendments

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Documented in:

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8. Have changes to access and routes been considered? 9. Have the permanent and temporary impacts to recreational land

uses been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of construction? (c) Highway operation/maintenance?

10. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 11. Has a preliminary mitigation strategy been completed? 12. Has a detailed mitigation strategy been completed?

COMPLIANCE Environmental Protection Requirements

GEN-1

13. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None Environmental Protection Requirements for projects in Designated Areas:

Various 14. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (See Section 13 Designated Areas of this User Guide.)

N/A N/A N/A N/A N/A N/A

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6 CHECKLIST FOR AGGREGATES AND MINES

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PROJECT SCOPE 1. Was the Land Use Speciality identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 2. Were aggregates and mines identified during the

course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment 3. Has data pertaining to aggregates and mines been

determined and mapped?

Background Data and Field Investigations 4. Has the background data pertaining to recreational

land uses and natural areas been verified?

Determination of Significance

5. Have the significance and the sensitivity to disturbance of aggregate and mine resources been determined?

6. Has sterilization of primary and secondary mineral/aggregate deposit areas been considered?

7. Has the loss of capital investment in mineral/aggregate operations been considered?

Assessment of Impacts

8. Has the overall effects on access or travel time been considered?

20 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 21 Transportation Environmental Study Report including amendments 22 Design Construction Report including amendments

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Documented in:

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Plan

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9. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of construction? (c) Highway operation/maintenance?

10. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 11. Has a preliminary mitigation strategy been

completed?

12. Has a detailed mitigation strategy been completed?

COMPLIANCE Environmental Protection Requirements23

GEN-1

13. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

Environmental Protection Requirements for projects on Federal Lands and/or with Federal Involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

23 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

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Environmental Protection Requirements for projects in Designated Areas:

Various

14. Have the special considerations for Designated Areas been addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

N/A N/A N/A N/A N/A N/A

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7 CHECKLIST FOR MUNICIPAL SERVICES

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PROJECT SCOPE 1. Was the Land Use Speciality identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 2. Were municipal services identified during the course

of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Have data related to municipal services been determined and mapped?

Background Data and Field Investigations 4. Has background data pertaining to municipal

services been verified?

Determination of Significance

5. Has the sensitivity to disturbance of the municipal services been determined?

6. Has encroachment, severance, displacement, disruption, alteration of municipal services been considered?

7. Has disruption and overall effect on emergency response routes been considered?

Assessment of Impacts

8. Has alteration, severance/extension and overall effect on bus routes (local municipal transit and school buses) been considered?

24 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 25 Transportation Environmental Study Report including amendments 26 Design Construction Report including amendments

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9. Has the overall effect on locations and usage of wells been considered? See Section 6 - Groundwater.

N/A N/A N/A N/A N/A N/A

10. Has disruption and overall effect on utilities such as water, sewer, electricity etc. been considered?

11. Has the overall effect on municipal services been considered?

12. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of construction? (c) Highway operation/maintenance?

13. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 14. Has a preliminary mitigation strategy been

completed?

15. Has a detailed mitigation strategy been completed?

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Documented in:

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COMPLIANCE Environmental Protection Requirements27

GEN-1

16. The requirements as set out in the Class Environmental Assessment for Provincial Transportation Facilities must be met prior to the commencement of construction. The Ontario Environmental Assessment Act defines environment to include the social, economic and cultural conditions that influence the life of humans or a community.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None Environmental Protection Requirements for projects in Designated Areas:

Various

17. Have the special considerations for Designated Areas been addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

N/A N/A N/A N/A N/A N/A

27 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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8 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Noise

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 8

Noise Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 8: Noise, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter and Ewa Bednarczuk (Ecoplans) and Greg Moore (McCormick Rankin Corporation). This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of The Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION ............................................................................................................................. 5 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE......................................................................... 5

2 NOISE CONCEPTS......................................................................................................................... 6 3 INCORPORATING NOISE ASSESSMENT AND MITIGATION INTO THE

TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS............................. 8 4 MAIN REQUIREMENTS AND GOALS......................................................................................... 10 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS................................................. 11

5.1 NOISE LEVEL INCREASES IN NOISE SENSITIVE AREAS ........................................................................ 12 5.1.1 Cause ........................................................................................................................................ 12 5.1.2 Potential Effect .......................................................................................................................... 12 5.1.3 Environmental Management Options........................................................................................ 12

6 CHECKLIST .................................................................................................................................. 15 LIST OF TABLES Table 5.1 Potential Environmental Impacts from Noise by Design Activity .......................................... 12 Table 5.1.1 Environmental Management Options for Noise Level Increases ......................................... 14 LIST OF FIGURES Figure 3.1 An Example of How the Assessment and Mitigation of Noise is Integrated into the

Transportation Project Design and Construction Process...................................................... 9 APPENDICES

APPENDIX 8.A: CHECKLIST FOR NOISE

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to noise. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific issues may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-Section 2 - presents some useful concepts regarding noise. Sub-Section 3 - presents the transportation project design and construction process

and how noise assessment and mitigation is incorporated. Sub-Section 4 - presents the main requirements and goals based on the Environmental

Protection Requirements. Sub-Section 6 - presents typical noise impacts associated with transportation project

design and construction; and sub-section 5.1 discusses impacts in detail.

Sub-Section 7 - presents a checklist for ensuring that noise issues are adequately addressed.

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2 NOISE CONCEPTS

The following are key concepts for noise related issues. For more details about nor and noise analysis see MTO’s Environmental Guide to Noise.

• Ambient Noise Level: means the total sound which is associated with and representative of a given environment and includes all natural and man-made sound from many sources (i.e. existing transportation projects and roadways, industries, etc.) both near and far. It is the noise level prior to construction of an undertaking.

• Decibel Scale (dBA): means a linear numbering scale used to define a logarithmic amplitude scale, thereby compressing a wide range of amplitude values to a small set of numbers. This system is used to compress sound pressure levels. The scale is adjusted using the “A” weighting frequency adjustments because it most closely approximates the frequency response of the average human ear.

• Mitigation Measures: means measures that are designed to result in reduced noise levels in Noise Sensitive Areas (NSAs). These measures include walls, berms, adjustment to horizontal and vertical alignments and pavement types, which are designed to result in reduced noise levels in NSA’s.

• Noise Sensitive Areas (NSAs): means the following land uses, with an Outdoor Living Area (OLA) associated with them, would qualify as NSA’s. NSA’s must have an outdoor living area (OLA) associated with the residential unit: o Private homes such as single family residences (owned or rental) o Townhouses (owned or rental); o Multiple unit buildings, such as apartments with OLA’s for use by all

occupants; o Hospitals, nursing homes for the aged, where there are OLA’s for the

patients; o Educational facilities and day care centres, where there are OLA’s for

students; o Campgrounds that provide overnight accommodation; and o Hotels / motels where there are OLA’s (i.e. swimming pool area, etc.) for

visitors. There is no minimum number of land uses that defines a NSA. Therefore, all noise sensitive land uses, regardless of size or location (urban or rural), will be assessed for application of noise control measures.

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In order to determine a noise impact, a comparison is made for future noise levels with and without the proposed transportation project for NSA’s. Where increases in noise levels are predicted at an NSA, mitigation is investigation under the following criteria:

• the transportation project is expected to increase future noise levels by 5 dBA or more above the ambient at that time1, or

• the transportation project is expected to increase future noise levels to 65 dBA or more.

For more information about the criteria see sub-section 4 and the Environmental Protection Requirements in Appendix 8.A. Assessing Noise Section 3.6 of MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking noise assessments.

1 “Ambient at that time” is the noise level in the future that would occur without the transportation project.

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3 INCORPORATING NOISE ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how noise assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 An Example of How the Assessment and Mitigation of Noise is Integrated into the Transportation Project Design and Construction Process

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Study Area (3.4.1 ERD) Gather Background Data (3.4.2 ERD) Field Investigations (3.4.3 ERD)

Determine Significance (3.4.4 ERD) Assess impacts of alternatives (3.4.5 ERD) Consult (4 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation strategies (3.4.6 ERD) Consult (4 ERD)

Update Background Data (3.4.2 ERD) Update Field Investigations (3.4.3 ERD)

Assess impact of alternatives including construction impacts (3.4.6 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.4.6 ERD)

Noise Report (3.4.7 ERD) Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.4.7 ERD)

Documentation Documentation

Monitoring

Noise Complaint Process Contract Administration

Construction Preliminary Design Detail Design

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 8.A summarizes the EPR’s that typically are applicable to noise impacts for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, transportation project-related impacts due to noise are considered where a transportation project is proposed through or adjacent to a Noise Sensitive Area (NSA) as defined in the MTO’s Environmental Guide for Noise and there is the potential for a noise level increase above the criteria in the EPR’s (See Appendix 8.1). Sub-section 5.1 discusses the impact of a noise level increase above the in a NSA in detail. For this impact, the following is described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the specific design and construction activities that can have a noise impact and identifies the relevant sub-sections dealing with these impacts.

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Table 5.1 Potential Environmental Impacts from Noise by Design Activity

DESIGN ACTIVITY

IMPACT

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/

Acce

ss R

oads

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Noise level increase X X X X X X X X 5.1 Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The sub-section identified in the last column provides a detailed discussion of the potential impacts and the possible strategies for addressing the impacts. For example: A rise in noise levels over 5dBA next to a Noise Sensitive Area due to a new transportation project facility. The user should refer to the applicable sub-section (e.g. 5.1) to learn about the nature of the potential impacts (Section 5.1.1) and what can be done to address the impacts (Table 5.1.1).

5.1 Noise Level Increases in Noise Sensitive Areas

5.1.1 Cause The operation and construction of transportation facilities such as inter-changes, lanes, temporary/access roads, bridges and culverts, can cause significant noise impacts at adjacent Noise Sensitive Areas (NSAs).

5.1.2 Potential Effect Transportation projects generate noise that can disrupt the quality of life in Noise Sensitive Areas (NSAs).

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental concerns and the potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Noise Level Increases: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

2

Noise Impacts at adjacent NSAs

3

Increase in noise levels above criteria

Resulting from construction noise impacts

2

Legend:

Number refers to Management Option in Table 5.1.1

See Potential Effects

Permanent Temporary

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Table 5.1.1 Environmental Management Options for Noise Level Increases Possible Management Options References Considerations

Avoidance / Prevention

Locate facilities to avoid or maximize the separation from existing Noise Sensitive Areas (NSAs) or lands that are zoned as future NSAs.

MTO • Environmental Guide for

Noise Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Ensure all construction noise and vibrations adhere to MOE and MTO Special Standard Provisions pertaining to noise.

Investigate any noise complaints and advise contractor of the appropriate action, if applicable.

MTO • Environmental Guide for

Noise • Environmental

Reference for Contract Preparation Section 7 - Noise

Provide noise mitigation measures where warranted. These measures include walls, berms, adjustment to horizontal and vertical alignments and pavement types, which are designed to reduce noise levels in NSA’s.

MTO • Environmental Guide for

Noise

1

2

3

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6 CHECKLIST

Appendix 4.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 8.A: Checklist for Noise See Separate File.

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8 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 8.A Checklist for Noise

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Terr

estr

ial

Ecos

yste

ms

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

PROJECT SCOPE 1. Was the Noise Speciality identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A 2. Was noise identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Has the study area been determined? Background Data and Field Investigations 4. Have noise sensitive areas been determined and mapped?

5. Has an acoustical analysis been done to determine:

(a) The noise levels for the proposed facility and (for each alternative, if there is more than one)?

(b) The noise impacts from road traffic assuming a detailed examination of the existing ground conditions, including rows of homes?

(c) Construction noise impacts?

6. Has the significance of highway noise been predicted for NSA's expected to experience increases in noise levels?

7. Have the NSA’s been grouped appropriately?

Determination of Significance

8. Have the impacts for the alternatives been compared including grouping effected NSA’s by noise level increases and reductions?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Terr

estr

ial

Ecos

yste

ms

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

9. Have acoustical recommendations for new noise barrier design alternatives including recommendations for noise barrier heights and lengths, and the adequacy of the existing noise barriers been made?

Determination of

Significance 10. Does the noise impact assessment satisfy the requirements of the Canadian Environmental Assessment review process, as provided by the CEA Agency and Responsible Authority?

11. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of construction? (c) Highway operation/maintenance?

Assessment of Impacts

12. Is the information collected adequate to enable the identification

of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 13. Has a preliminary mitigation strategy been completed? 14. Has a detailed mitigation strategy been completed?

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Terr

estr

ial

Ecos

yste

ms

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

COMPLIANCE

Environmental Protection Requirements4

NOISE-1 15. Mitigation is to be investigated for predicted increases in noise of greater than or equal to a 5 dBA change or 65 dBA.

NOISE-2 16. Minimize noise levels during construction and identify a process for dealing with public complaints during construction.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

Environmental Protection Requirements for projects in Designated Areas:

Various 17. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor (see Section 13 Designated Areas of this User Guide)?

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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9 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Contaminated Property and Excess Materials Management

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 9

Contaminated Property and Excess Materials Management Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 9: Contaminated Property and Excess Materials Management, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter, Derek Stewart and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 INTRODUCTION ..................................................................................................................................... 5

1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE....................................................................... 5 2 CONTAMINATED PROPERTY PROCESS AND EXCESS MATERIALS MANAGEMENT

CONCEPTS............................................................................................................................................. 6 2.1 MTO’S CONTAMINATED PROPERTY PROCESS ................................................................................... 6 2.2 MANAGEMENT OF EXCESS MATERIALS DURING CONSTRUCTION ......................................................... 7

3 INCORPORATING CONTAMINATED PROPERTY PROCESS AND EXCESS MATERIALS MANAGEMENT INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS ............................................................................................................................................... 8

4 MAIN REQUIREMENTS AND GOALS................................................................................................. 10 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS ........................................................ 11

5.1 RELEASE OF EXISTING SITE CONTAMINATION DURING CONSTRUCTION............................................. 13 5.1.1 Cause ....................................................................................................................................... 13 5.1.2 Potential Effect ......................................................................................................................... 13 5.1.3 Environmental Management Options....................................................................................... 13

5.2 RELEASE OF CONTAMINANTS FROM PRODUCT HANDLING, STORAGE, AND USE AND THE MANAGEMENT OF EXCESS MATERIALS ............................................................................................ 16

5.2.1 Cause ....................................................................................................................................... 16 5.2.2 Potential Effect ......................................................................................................................... 16 5.2.3 Environmental Management Options....................................................................................... 16

6 CHECKLIST .......................................................................................................................................... 20 LIST OF TABLES Table 5.1 Potential Environmental Impacts from Contaminated Property and Excess Materials

Management by Design Activity ........................................................................................ 12 Table 5.1.1 Environmental Management Options for Release of Existing Site Contamination ........... 15 Table 5.2.1 Environmental Management Options for Release of Contaminants from Product Handling,

Storage, and Use and the Management of Excess Materials ........................................... 18

LIST OF FIGURES Figure 3.1 An Example of How the Contaminated Property Process and Excess Materials

Management are Integrated into the Transportation Project Design and Construction Process ................................................................................................................................ 9

Figure 5.1.1 Release of Existing Site Contamination during Construction: Opportunities for Intervention by Management Options.................................................................................................... 14

Figure 5.2.1 Release of Contaminants from Product Handling, Storage, and Use; and the Management of Excess Materials: Opportunities for Intervention by Management Options................... 17

APPENDICES

APPENDIX 9.A: CHECKLIST FOR CONTAMINATED PROPERTY AND EXCESS MATERIALS MANAGEMENT

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to contaminated property and excess materials management. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding contaminated property and

excess materials management. Sub-section 3 - presents the transportation project design and construction process and

how contaminated property and excess materials management assessment and mitigation are incorporated in that process.

Sub-section 4 - presents the main requirements and goals based on the Environmental Protection Requirements.

Sub-section 5 - presents typical contaminated property and excess materials management impacts associated with transportation project design and construction; sub-sections 5.1 and 5.2 discuss the impacts in detail.

Sub-section 6 - presents a checklist for ensuring that contaminated property and excess materials management issues are adequately addressed.

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2 CONTAMINATED PROPERTY PROCESS AND EXCESS MATERIALS MANAGEMENT CONCEPTS

There are two main aspects to Contaminated Property and Excess Materials Management for transportation projects at MTO:

1. identification and management of contaminated property (MTO’s contaminated

property process); and 2. management of excess materials during construction.

2.1 MTO’s Contaminated Property Process

MTO’s contaminated property process has the following major components: • identify past and present site activities; • evaluate the existing environmental liabilities, current environmental

performance, and environmental risk of a property; and • determine and undertake contamination management.

These can be more specifically broken down into the following 6 steps:

1. Contamination Overview Study is a general overview of the study area to identify properties/areas with the potential for site contamination.

2. Preliminary Site Screening is a quick and broad review of a single property to determine the potential for contamination.

3. Phase One Environmental Site Assessment (ESA) is a detailed review and non-intrusive investigation to identify actual, or potential contamination on, in, or adjacent to, a property.

4. Phase Two Environmental Site Assessment (ESA) is an intrusive site investigation to confirm and delineate the extent of suspected environmental liabilities and property contamination issues that have been identified in previous steps.

5. Site Management is the management of contamination at the site and can include preparing the Remedial Work Plan / Site Management Plan, conducting remedial work and carrying out confirmatory sampling, and it may involve both facilities and property.

6. Risk Assessment is the management of the site based on the risk associated with the contamination on that specific site; this is unlike the above assessments that compare results to contaminant criteria.

These 6 steps are detailed in MTO’s Environmental Guide for Contaminated Property Identification.

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2.2 Management of Excess Materials during Construction

Excess material means material removed during construction and includes surplus (e.g., waste) and unsuitable materials (e.g., organic soils). The management of excess material includes the designation of the materials and proper storage (such as stockpiling) and re-use / disposal of materials based on the designation. Regulation 347 General Waste Management under the Environmental Protection Act is the primary regulation for wastes. It includes:

• Designations and exemptions for wastes, for example:

o “subject waste” means (a) liquid industrial waste or (b) hazardous waste; o “non-hazardous solid industrial waste” means industrial waste that is not

liquid industrial waste and is not hazardous waste and includes asbestos waste.

• Requirements for waste generation facilities1, (which includes construction sites), and generator registration;

• Requirements for Certificates of Approval for: o a Waste Management System which is for specific designations of

wastes and is need for the transport of subject wastes; and o Waste Disposal Site which is specific for the types of waste to be

disposed; and • Requirements for manifesting the transportation and disposal of wastes.

1 “Waste generation facility” means those facilities, equipment and operations that are involved in the production, collection, handling or storage of waste at a site.

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3 INCORPORATING CONTAMINATED PROPERTY PROCESS AND EXCESS MATERIALS MANAGEMENT INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

Figure 5.1 illustrates how the contaminated property process and excess materials management may be integrated into the transportation project design and construction process.

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Figure 3.1 An Example of How the Contaminated Property Process and Excess Materials Management are Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

DCR Prepare Contract Package and Award Construction Contract

(3.6.2 ERD) Broad review of a single property to determine the potential for contamination

Preliminary Site Screening

(3.6.1 ERD) General overview of the study area to identify properties/areas with the potential for site contamination

Contamination Overview Study

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Contamination Overview Study report

Documentation

Preliminary Site Screening form(s)

Documentation

Phase I ESA report(s)

Documentation

(3.6.3 ERD) Detailed review and non-intrusive investigation of a single property to identify contamination

Phase I ESA

Phase II ESA report(s)

Documentation

(3.6.4 ERD) Intrusive site investigation to confirm the extent of suspected property contamination

Phase II ESA Screening Level Risk

Assessment

(3.6.5 ERD) Qualitative assessment of the site contamination to evaluate site management options

Documentation

Screening Level Risk Assessment report(s)

Site Management

(3.6.6 ERD) Implementation of an effective and practical strategy to mitigate site contamination

Documentation

Depends on approach

Excess Materials

Management

Include appropriate contract documents for the management of excess materials

Documentation

Depends on approach

Monitoring

Contract Administration Manifest waste spill reporting Etc.

Preliminary Design Detail Design Construction

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 9.A summarizes the EPR’s that typically are applicable to contaminated property process and excess materials management for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following transportation project-related potential environmental impacts of contaminated property and excess materials management are considered to be typical:

• release of existing site contamination during construction of the project; and • release of contaminants from product handling, storage, and use and the

management of excess materials. Typical potential environmental impacts for various design features are defined below. Sub-section 5.1 and 5.2 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the specific design and construction activities that can have a potential environmental impact due to contaminated property and excess materials management and identifies the relevant sub-sections dealing with these impacts.

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Table 5.1 Potential Environmental Impacts from Contaminated Property and Excess Materials Management by Design Activity

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

al

ignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n

Tem

pora

ry /

Acce

ss R

oads

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Release of existing site contamination during construction of the project

X X X X X X X X X X X 5.1

Release of contaminants from product handling, storage, and use and the management of excess materials

X X X X X X X X X X X 5.2

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The Sub-section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impact. For example: Construction activities may result in the release of contaminants to the surrounding environment. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Release of Existing Site Contamination During Construction

5.1.1 Cause MTO's Contaminated Property Process is designed to identify and manage contaminated property prior to construction. However, the possibility always exists that contaminated property remains unidentified until excavation activities in construction exposes contaminated soil or buried wastes; or mobilize contaminated groundwater plumes that are present from pervious land uses (such as waste disposal sites, gas stations, wrecking yards, and industrial facilities). Or, contamination that is managed as part of construction, may be inadvertently mobilize. In addition, demolition activities may also expose other contaminated materials including designated substances such as asbestos and lead in building materials.,

5.1.2 Potential Effect The effects of contaminated materials on human and natural receptors (such as fish or birds) vary greatly. The effects vary with:

• the amount and type of contamination (heavy metals [e.g., lead], diesel fuel, polychlorinated Biphenyls [PCB]);

• the pathways of exposure (inhaling wind-blown contaminated soil, drinking contaminated water, eating contaminated plants); and

• the sensitivity of the receptors (benthic invertebrates, fish, deer).

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbol. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Release of Existing Site Contamination during Construction: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

Exposure of receptors to existing contamination

2

4

Legend:

Number refers to Management Option in Table 5.1.1

See Potential Effects

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4

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Table 5.1.1 Environmental Management Options for Release of Existing Site Contamination Possible Management Options References Considerations Avoidance / Prevention

Identify contaminated property in accordance with MTO’s Contaminated Property Process.

MTO Environmental Guide for Contaminated Property Identification and Management.

Set location of design feature to avoid contaminated property (e.g., landfills).

MTO Environmental Guide for Contaminated Property Identification and Management.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Manage contaminated property as per MTO’s Contaminated Property Process prior to constructions, if possible.

MTO Environmental Guide for Contaminated Property Identification and Management.

Manage unexpected encounters of contaminated materials (e.g. soil; groundwater; surface water; designated substances such as asbestos and lead in building materials; and waste debris) during construction in accordance with MTO's Contaminated Property Process and Excess Materials Management requirements.

MTO Environmental Reference for Contract Preparation Sections: 2 - General Environmental

and Incident Management 8 - Management of Products,

Fuels, Waste and Excess Materials

1

2

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5.2 Release of Contaminants from Product Handling, Storage, and Use and the Management of Excess Materials

5.2.1 Cause Materials used in construction have a potential to be a source of contamination. On some projects, earth borrow material (i.e., material acquired from outside the right of way) may be needed. If the source of the earth borrow material is a contaminated property, then the contamination may be imported onto the project site. Also, materials that have a greater potential to cause contamination may be used because of construction or broader environmental benefits. For example, air cooled iron blast furnace slag can be recycled and used as granular material if certain precautions are taken. For other products (such as fuels and lubricants), there is the potential for a “spill” to occur. A spill means a discharge into the natural environment from a structure, vehicle or other container that is abnormal in quality or quantity in light of all the circumstances of the discharge (Environmental Protection Act). In addition, excess materials are generated during construction. These may be wastes (such as wood from clearing of vegetation or the used material from sandblasting) or unsuitable earth materials (such as organic soils) from excavations. If these excess materials are not properly managed they can be a source of contamination.

5.2.2 Potential Effect The effects of contaminates on human and natural receptors (such as fish or birds) vary greatly. The effects vary with:

• the type and amount of contamination (diesel fuel or heavy metals);

• the pathways of exposure (inhaling wind-blown contaminated soil, drinking contaminated water, eating contaminated plants); and

• the sensitivity of the receptors (benthic invertebrates, fish, deer).

5.2.3 Environmental Management Options Figure 5.2.1 describes the environmental impacts and the potential intervention by management options shown as numbered stop sign symbol. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.2.1 Release of Contaminants from Product Handling, Storage, and Use; and the Management of Excess Materials: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

4

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

Contamination of air, soil, groundwater,

and/or surface water

6

Excess Materials

Spills Materials as a source of

contamination

4

1 2

7

5

Borrow Material

Other Materials

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Table 5.2.1 Environmental Management Options for Release of Contaminants from Product Handling, Storage, and Use and the Management of Excess Materials Possible Management Options References Considerations Avoidance / Prevention

Avoid the use of material with greater potential for contamination (for example substitutes them with more environmentally friendly materials such as using Biodegradable Hydraulic Oil).

None There may be significant construction benefits or broader environmental benefits (re-use/recycling) to using a material with a greater potential for causing contamination.

Direct contractors on requirements to contain spills, notify authorities, cleanup and restore areas and require the contractor to possess a plan demonstrating that incidents will be managed to satisfy the requirements.

MTO Environmental Reference for Contract Preparation: Section 2 - General Environmental and Incident Management.

Control / Mitigation

Direct contractors on requirements for product use, storage and handling.

MTO Environmental Reference for Contract Preparation: Section 8 - Management of Products, Fuels, Waste and Excess Materials.

Direct contractors to provide material free of contamination.

MTO Environmental Reference for Contract Preparation: Section 8 - Management of Products, Fuels, Waste and Excess Materials.

Provide direction to the contractor on the precautions required for use of the material.

MTO Environmental Reference for Contract Preparation: Section 8 - Management of Products, Fuels, Waste and Excess Materials.

Direct construction activities to manage excess materials to minimize contamination of soils, surface water, groundwater and air.

MTO Environmental Reference for Contract Preparation: Section 8 - Management of Products, Fuels, Waste and Excess Materials.

1

4

5

6

2

3

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Possible Management Options References Considerations

In the event of a spill, ensure prompt reporting and response to minimize the potential for environmental impacts and/or manage (e.g., isolate, remediate or remove) contamination sources.

MTO • Environmental Reference

for Contract Preparation: Section 2 - General Environmental and Incident Management.

• Environmental Guide for Contaminated Property Identification and Management.

Incidences may result in delays and the costs of managing contamination may be significant.

7

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6 CHECKLIST

Appendix 9.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 9.A: Checklist for Contaminated Property and Excess Materials Management See Separate File.

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9 Section

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Environmental Standards and Practices User Guide

APPENDIX 9.A Checklist for Contaminated Property & Excess Materials

Management

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

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PROJECT SCOPE 1. Was the Contaminants and Waste Speciality

identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2. Was contaminated property identified during the

course of the project? N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Contaminated Property Process

Step 1 3. Has a Contamination Overview Study (COS) been completed?

Step 2 4. Has a Preliminary Site Screening (PSS) been completed for identified properties?

Step 3 5. Has a Phase I Environmental Site Assessment (ESA) been completed for identified properties?

Step 4 6. Has a Phase II ESA been completed for identified properties?

Step 5 7. Has a Screening Level Risk Evaluation (SLRE) been completed?

Step 6 8. For Site Management:

(a) Have the approaches been determined for identified properties?

(b) Have the approaches been implemented?

1 Transportation Environmental Study Report including amendments 2 Design Construction Report including amendments 3 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage)

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Excess Materials Management

9. Has the discovery and/or release of existing site contamination during construction been considered?

10. Has the release of contaminants (spills) from

product handling, storage, and use been considered?

11. Has the management of excess materials been considered?

COMPLIANCE

Environmental Protection Requirements4

CON-1

12. There shall be no release, discharge or addition: 1) to the natural environment of a contaminant that may cause adverse effects; 2) to surface water or groundwater of either a contaminant that may impair water quality or a substance deleterious to fish or fish habitat; or 3) to the natural environment of a toxic substance.

CON-2 13. Any property being considered for acquisition or

disposition for the purposes of highway construction shall be screened for potential site contamination.

CON-3

14. Any potentially contaminated properties shall be assessed and managed in accordance with appropriate guidelines, and in consultation with the appropriate regulatory agencies.

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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CON-4 15. No land that was used for waste disposal over 25

years ago shall be used for highway development prior to proper approval.

CON-5, 6 16. Vehicle fuelling operations shall be carried out by

trained personnel using equipment conforming to proper guidelines.

CON-7

17. Any storage of petroleum products and propane or other compressed gas tanks shall be conducted in conformance with the Technical Standards and Safety Association Guidelines.

CON-8

18. Any abnormal discharge (spill) of a substance into the natural environment shall be reported to the Ministry of the Environment Spills Action Centre (SAC), and cleaned up as quickly as possible, given the circumstances surrounding the discharge.

CON-9

19. Any contaminants or wastes encountered shall be assessed and managed in accordance with the appropriate guidelines, acts, regulations and agencies.

CON-10 20. Avoid stockpiling of contaminants or wastes.

CON-11 21. Transportation of wastes shall only be carried out by valid waste haulers.

CON-12 22. Manage through reuse solid and liquid wastes or excess materials generated.

CON-13 23. Any wastes generated but not reused shall be taken for off-site disposal.

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CON-14

24. Prior to disposing of a subject waste (i.e. liquid industrial waste and hazardous waste), the waste generator shall classify and register the subject waste.

CON-15 25. Generators of subject waste shall ensure that waste

manifests are completed correctly and properly identified.

CON-16 26. For utility lines that are broken or ruptured, timely

action shall be taken to minimize the potential for soil and water contamination.

CON-17 27. Pesticides shall only be used in accordance with the requirements of the Ontario Pesticides Act.

CON-18 28. Earth borrow material and other imported fill

material shall be free from contaminants and wastes.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None Environmental Protection Requirements for projects in Designated Areas:

Various

29. Have the special considerations for Designated Areas been addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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10 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Built Heritage and Cultural Heritage Landscapes

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 10

Built Heritage and Cultural Heritage Landscapes Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 10: Built Heritage and Cultural Heritage Landscapes, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter and Ewa Bednarczuk (Ecoplans) and Richard Unterman (Unterman MacPhail Associates). This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of The Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION.................................................................................................................................... 6 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE.......................................................................... 6

2 BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPE CONCEPTS ................................... 7 3 INCORPORATING CULTURAL HERITAGE RESOURCE ASSESSMENT AND MITIGATION

INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS ................. 9 4 MAIN REQUIREMENTS AND GOALS ............................................................................................... 11 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS ....................................................... 12

5.1 DISRUPTION THROUGH ENCROACHMENT ............................................................................................ 13 5.1.1 Cause.................................................................................................................................... 13 5.1.2 Potential Effect...................................................................................................................... 13 5.1.3 Environmental Management Options ................................................................................... 14

5.2 DISRUPTION THROUGH ISOLATION ..................................................................................................... 17 5.2.1 Cause.................................................................................................................................... 17 5.2.2 Potential Effect...................................................................................................................... 17 5.2.3 Environmental Management Options ................................................................................... 17

5.3 LOSS OF HERITAGE BRIDGES............................................................................................................. 20 5.3.1 Cause.................................................................................................................................... 20 5.3.2 Potential Effect...................................................................................................................... 20 5.3.3 Environmental Management Options ................................................................................... 20

5.4 CHANGE TO CHARACTER OR SETTING FROM DISRUPTION BY NEW VISUAL DISTURBANCES, INCREASED NOISE AND/OR REDUCED AIR QUALITY............................................................................. 23

5.4.1 Cause.................................................................................................................................... 23 5.4.2 Potential Effect...................................................................................................................... 23 5.4.3 Environmental Management Options ................................................................................... 23

6 CHECKLIST......................................................................................................................................... 26 LIST OF TABLES Table 5.1 Typical Potential Environmental Impacts by Design Activity ................................................ 13 Table 5.1.1 Environmental Management Options for Displacement / Removal of Cultural Heritage

Resources through Demolition and Changes in Site Context .............................................. 16 Table 5.2.1 Environmental Management Options for Disruption through Isolation ................................. 19 Table 5.3.1 Environmental Management Options for Loss of Heritage Bridges ..................................... 22 Table 5.4.1 Environmental Management Options for Change to Character or Setting from Disruption by

New Visual, Audible or Atmospheric Disturbances .............................................................. 25

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LIST OF FIGURES Figure 5.1.1 Encroachment upon Cultural Heritage Resources: Opportunities for Intervention by

Management Options............................................................................................................ 15 Figure 5.2.1 isruption through Isolation: Opportunities for Intervention by Management Options ........... 18 Figure 5.3.1 Loss of Heritage Bridges: Opportunities for Intervention by Management Options ............. 21 Figure 5.4.1 hange to Character or Setting from New Visible, Audible or Atmospheric Disturbances:

Opportunities for Intervention by Management Options ....................................................... 24 APPENDICES

APPENDIX 10.A: CHECKLIST FOR BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impacts faced in transportation design projects with respect to built heritage and cultural heritage landscapes. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 - Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding built heritage and cultural

heritage landscapes. Sub-section 3 - presents the design and construction process and how built heritage

and cultural heritage landscape assessment and mitigation is incorporated in that process.

Sub-section 4 - presents the main requirements and goals based on the Environmental Protection Requirements.

Sub-section 6 - presents typical built heritage and cultural heritage landscape impacts associated with design and construction; sub-sections 5.1 to 5.3 discuss each impact in detail.

Sub-section 7 - presents a checklist for ensuring that built heritage and cultural heritage landscape issues are adequately addressed.

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2 BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPE CONCEPTS

The Ministry of Culture (MCL) describes built heritage resources, cultural heritage landscapes and archaeological resources as cultural heritage resources. Built heritage resources: means one or more buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic, or military history, and identified as being important to a community. These resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions (Provincial Policy Statement 2005). Cultural heritage landscape: means a defined geographical area of heritage significance1, which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, main streets and neighbourhoods, cemeteries, trail ways and industrial complexes of cultural heritage value (Provincial Policy Statement 2005). Archaeological resources: are discussed in Section 11 – Archaeology of this User Guide. Cultural Heritage Resources are identified according to the following: • The accepted federal and provincial practice of a rolling age of forty-years for the

preliminary identification of cultural heritage resources that may be of heritage value2.

• Guideline for Preparing the Cultural Heritage Resource Component of Environmental Assessments (Ministry of Culture, October 1992).

• Guidelines on the Man-Made Heritage Component of Environmental Assessments (Ministry of Culture, 1980).

• Mandatory Standards and Guidelines for Provincial Heritage Properties, under Part III, 1 of the OHA (Ministry of Culture, 2005).

• Ontario Heritage Bridge Guideline (Ministry of Transportation and Ministry of Culture, 2005).

1 Significant, in regard to cultural heritage, means resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people (Provincial Policy Statement 2005). 2 The application of this preliminary age criterion does not imply that all built heritage features or cultural heritage landscapes that are over forty years old are worthy of the same levels of protection or preservation. Conversely there may be built heritage resources and cultural heritage landscapes less than 40 years old that have potential heritage value, often associated with their design qualities – see MTO’s Environmental Guide for Built Heritage and Cultural Heritage Landscapes for more details.

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• Ontario Heritage Trust • Municipal official plans provide clear policies to protect significant built heritage

resources and significant cultural heritage landscapes. Assessing Built Heritage and Cultural Heritage Landscapes Section 3.7 of MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of built heritage and cultural heritage landscapes.

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3 INCORPORATING CULTURAL HERITAGE RESOURCE ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how cultural heritage resource assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 Example of How the Assessment and Mitigation of Built Heritage and Cultural Heritage Landscapes are Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.7.4 ERD) Assess impacts of alternatives (3.7.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.7.1 ERD) Gather Background Data (3.7.2 ERD) Field Investigations (3.7.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.7.6 ERD) Consult 4 ERD)

Update Background Data (3.7.2 ERD) Update Field Investigations (3.7.3 ERD)

Assess impact of alternatives including construction impacts (3.7.6 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.2.6 ERD)

Built Heritage and Cultural Heritage Landscape Report (3.7.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.7.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 10.A summarizes the EPR’s that typically are applicable to built heritage and cultural heritage landscapes for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following types of impacts on cultural heritage resources are considered to be typical:

1. disruption through encroachment; a. Demolition; b. Permanent change through alteration of the context or setting;

2. disruption through isolation; 3. loss of heritage bridges; and 4. disruption from new visual disturbances, increased noise and/or reduced air

quality. Typical potential environmental impacts for various design features are defined below. Sub-sections 5.1 to 5.3 discuss these impacts in detail. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the potential impacts specific design activities can have on cultural heritage resources and identifies the relevant sub-sections dealing with these impacts.

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Table 5.1 Typical Potential Environmental Impacts by Design Activity

DESIGN ACTIVITY

IMPACT

Inte

r-cha

nges

Ver

tical

A

lignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/ Ac

cess

Roa

ds

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Disruption through encroachment X X X X X X X X X X X 5.1

Displacement through isolation X X X X 5.2

Disruption from changes in noise, and/or air emissions

X X X X X X X 5.3

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The Sub-section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impact. For example: Disruption of a built heritage site through encroachment. The user should refer to applicable sub-section (e.g. 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

5.1 Disruption through Encroachment

5.1.1 Cause The location of new highway elements or improvements such as new roadway alignment, inter-changes, lanes, temporary / access roads, replacement of a bridge or culvert, may encroach upon cultural heritage resources.

5.1.2 Potential Effect Encroaching upon cultural heritage resources through demolition or alterations of a site setting can result in:

• removal of cultural heritage resources considered to be of local, regional or national significance, interest or merit; and/or

• temporary or permanent change to the existing cultural heritage resource environment through alteration to the cultural heritage landscape context or setting, i.e., from road closure or the introduction of a new linear transportation corridor.

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Secondary effects may include:

• isolation of existing built heritage resources; • isolation of cultural heritage landscapes; • closure or relocation of historical transportation routes; and • loss of cultural heritage resource.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and the potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Encroachment upon Cultural Heritage Resources: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

Encroachment

Demolition of Built Heritage Resource

Change in site context

4

Legend:

Number refers to Management Option in Table 5.1.1

Permanent change to an existing Cultural Heritage Resource environment

7

6

4

Loss of Built Heritage Feature

5

3

2 3

Permanent Temporary

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Table 5.1.1 Environmental Management Options for Displacement / Removal of Cultural Heritage Resources through Demolition and Changes in Site Context Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid cultural heritage resource.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design Standards

for Ontario Highways • Roadside Safety Manual.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Minimize intrusion on cultural heritage resources.

MTO The Geometric Design Manual and Roadside Design Manual are the primary references for design considerations in modifying the footprint of the highway

Safety requirements and other design considerations can severely restrict where these options can be used.

Restrict access during construction to protect resources.

MTO Environmental Reference for Contract Preparation Section 2- General Environmental and Incident Management (protection of environmentally sensitive areas)

Limited ability to relocate some elements (like alignment) in the design stage.

Develop stewardship and re-use plan for a built heritage resource left in the affected area.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

Applicable only to resources owned by the Province.

The re-use must make minimal or no change to the resource’s heritage value.

Document and relocate the built heritage resource.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

Final ownership of property must be determined.

Document and salvage the built heritage resource.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

Loss of resource.

Replacement / Compensation

The importance of the cultural heritage resource can be commemorated with a plaque or other appropriate signage.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

Loss of resource.

2

3

4

5

6

7

1

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5.2 Disruption Through Isolation

5.2.1 Cause The location of project elements such as inter-changes, lanes, and temporary/access roads, may isolate significant built cultural heritage resources and disrupt the cultural heritage landscape.

5.2.2 Potential Effect The displacement or removal of cultural heritage resources through isolation can result in:

• loss of a local or regional cultural heritage resource landmark; and/or • loss of an engineering significance or merit associated with the built heritage

resource. Secondary effects may include:

• loss to the cultural heritage landscape context; and/or • potential loss to the historic transportation network.

5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.2.1 Disruption through Isolation: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

2

Disruption through isolation

4

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

3 4

5

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Table 5.2.1 Environmental Management Options for Disruption through Isolation Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid cultural heritage resource.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Limited ability to re-use bridge based on structural integrity and safety design issues.

Control / Mitigation

Preserve and collect documentation describing the resource with photographs, floor plans, historical records, etc., whenever possible.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

Structural failure and safety considerations may prevail, necessitating replacement of unsafe components.

Provide new access. MTO Ontario Traffic Manual

Relocation to a new site. MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

Structural failure and safety considerations may: prevail, necessitating replacement of unsafe components; or, the ability to relocate.

Replacement / Compensation

An appropriate stewardship and/or salvage plan of the structure may be considered.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

No authority maybe interested in maintaining the structure in operation.

2

3

4

5

1

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5.3 Loss of Heritage Bridges

5.3.1 Cause Improvements to transportation infrastructure may modify or remove significant heritage bridges.

5.3.2 Potential Effect The removal of heritage bridges can result in:

• loss of a local or regional cultural heritage resource landmark; and/or • loss of an engineering significance or merit.

Secondary effects may include:

• loss to the cultural heritage landscape context; and/or • potential loss to the historic transportation network.

5.3.3 Environmental Management Options Figure 5.3.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.3.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.3.1 Loss of Heritage Bridges: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

2

Modification or Loss of Heritage Bridge

3

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

3

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Table 5.3.1 Environmental Management Options for Loss of Heritage Bridges Possible Management Options References Considerations

Avoidance / Prevention

Retain existing bridge. MTO Ontario Heritage Bridge Guide for Provincially Award Bridges.

Structural failure and safety considerations may prevail, necessitating replacement of components.

Control / Mitigation

Preserve and collect documentation describing the resource with photographs, historical records, etc., whenever possible.

MTO Ontario Heritage Bridge Guide for Provincially Award Bridges.

Structural failure and safety considerations may: prevail, necessitating replacement of unsafe components; or, the ability to relocate.

Incorporate resources of the historic bridge into the new structure.

MTO Ontario Heritage Bridge Guide for Provincially Award Bridges.

1

3

2

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5.4 Change to Character or Setting from Disruption by New Visual Disturbances, Increased Noise and/or Reduced Air Quality

5.4.1 Cause The introduction of new elements including inter-changes, lanes, and temporary/access roads may lead to the change in character of cultural heritage resources through disruption by new visual disturbances (such as overpasses, walls and other structures), increased noise and/or reduced air quality.

5.4.2 Potential Effect Disruption to cultural heritage resources can result in the physical deterioration of a cultural heritage resource leading to a loss of character.

5.4.3 Environmental Management Options Figure 5.3.1 depicts the environmental impacts and their potential intervention by management options shown by numbered stop sign symbols. Table 5.3.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.4.1 Change to Character or Setting from New Visible, Audible or Atmospheric Disturbances: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

Reduced air quality

4

Legend:

Number refers to Management Option in Table 5.3.1

See Potential Effects

7

New visual disturbances

Damage / Alteration

Increased noise

3 4

Permanent Temporary

2

See Section 7- Noise of this User Guide

See Section 13 - Air of this User Guide

5 6

Permanent Temporary

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Table 5.4.1 Environmental Management Options for Change to Character or Setting from Disruption by New Visual, Audible or Atmospheric Disturbances Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid cultural heritage resource.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual.

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Landscaping techniques can be used to screen the view of the transportation feature using trees, shrubs and/or berms.

MTO Environmental Reference for Highway Design Section 3.9 - Landscape Composition

Assess noise impacts and mitigate as appropriate.

See Section 7 - Noise of this User Guide

Direct contractors to reduce noise. MTO Environmental Reference for Contract Preparation Section 6- Noise

Assess noise impacts and mitigate as appropriate.

See Section 7 - Noise of this User Guide

Direct contractor to control air emissions (e.g., dust) during construction.

MTO Environmental Reference for Contract Preparation Section 7- Dust Control

Replacement / Compensation

Develop and implement an appropriate stewardship and re-use plan for the cultural heritage resource.

MTO Environmental Guide for Built Heritage and Cultural Heritage Landscapes

No authority or private interest may be interested in the re-use of the resource.

2

3

4

1

5

7

6

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6 CHECKLIST

Appendix 10.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 10.A: Checklist for Built Heritage and Cultural Heritage Landscapes See Separate File.

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Environmental Standards and Practices User Guide

APPENDIX 10.A Checklist for Built Heritage and Cultural Heritage Landscapes

Version: December 2006

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Appendix 10.A: Checklist

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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Appendix 10.A: Checklist

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

BH

CH

L R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

PROJECT SCOPE 1. Was Cultural Heritage Speciality identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

2. Was cultural heritage identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES Assessment

3. Have the cultural heritage resources been determined and mapped? Background

Data and Field Investigations 4. Have the cultural heritage background sources been verified?

5. Has the significance and the sensitivity to disturbance of the following been determined:

(a) Buildings, structures or cultural heritage landscapes of heritage value that are protected, including properties designated by municipalities under the Part IV and V of the Ontario Heritage Act (R.S.O. 1980), Ontario Heritage Foundation easements, and municipal easement properties?

(b) Provincially- owned or leased heritage properties protected by the ORC/MCL heritage protocol agreement?

(c) Buildings, structures, or sites and areas/cultural heritage landscapes listed on municipal inventories as potential sites/areas for designation?

Determination of Significance

(d) Buildings, structures or cultural heritage landscapes of recognized provincial significance identified with Provincial historical plaques erected by the Ontario Heritage Foundation?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

BH

CH

L R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

(e) Heritage bridges included on the Ontario Heritage Bridge List?

(f) Buildings, structures or cultural heritage landscapes of recognized federal significance (e.g. National Register, FBRO and the National Historic and Monuments Board, Canadian Register of Historic Places)?

(g) All cemeteries (including any that are unmarked)? (h) Heritage resources identified as part of the MTO EA process?

6. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives? (b) Alternative methods of construction? (c) Highway operation/maintenance?

Assessment of Impacts

7. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 8. Has a preliminary mitigation strategy been completed? 9. Has a detailed mitigation strategy been completed?

COMPLIANCE

Environmental Protection Requirements4

HER-1 10. The services of a cultural resource heritage specialist

experienced in environmental assessment shall be used.

HER-2 11. Avoid removal or demolition of designated cultural heritage

resources.

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

BH

CH

L R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

HER-3 12. Avoid removal or demolition of non-designated cultural heritage

resources that contribute to the character of an area.

HER-4 13. Conserve character-defining elements of built heritage features

and cultural heritage landscapes.

HER-5 14. Avoid isolation of built heritage features and cultural heritage

landscapes in the affected area due to the introduction of new project-related features.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

Environmental Protection Requirements for projects in Designated Areas:

Various 15. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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11 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Archaeology

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 11 Archaeology

Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 11: Archaeology, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter and Ewa Bednarczuk. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION ........................................................................................................................... 5 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE ....................................................................... 5

2 ARCHAEOLOGY CONCEPTS ..................................................................................................... 6 3 INCORPORATING ARCHAEOLOGY ASSESSMENT AND MITIGATION INTO THE

TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS .......................... 7 4 MAIN REQUIREMENTS AND GOALS......................................................................................... 9 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS............................................... 10

5.1 ENCROACHMENT UPON AN ARCHAEOLOGICAL SITE .......................................................................... 12 5.1.1 Cause ..................................................................................................................................... 12 5.1.2 Potential Effect ....................................................................................................................... 12 5.1.3 Environmental Management Options..................................................................................... 12

6 CHECKLIST ................................................................................................................................ 16 LIST OF TABLES Table 5.1 Potential Environmental Impacts by Design Activity ............................................................. 11 Table 5.1.1 Environmental Management Options for Encroachment upon an Archaeological Site ........ 14 LIST OF FIGURES Figure 3.1 Incorporating Archaeology Assessment and Mitigation into the Transportation Project

Design and Construction Process........................................................................................... 8 Figure 5.1.1 Encroachment upon an Archaeological Site: Opportunities for Intervention by Management

Options .................................................................................................................................. 13 LIST OF APPENDICES

APPENDIX 11.A: CHECKLIST FOR ARCHAEOLOGY

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental impact issues faced in transportation project design with respect to archaeology. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out as in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding archaeology. Sub-section 3 - presents the design and construction process and how archaeology

assessment and mitigation is incorporated in that process. Sub-section 4 - presents the main requirements and goals based on the Environmental

Protection Requirements. Sub-section 5 - presents typical archaeology impacts associated with; design and

construction; sub-section 5.1 discusses each impact in detail. Sub-section 6 - presents a checklist for ensuring that archaeology issues are

adequately addressed.

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2 ARCHAEOLOGY CONCEPTS

Cultural heritage and archaeological resources are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. The Provincial Policy Statement (2005) defines the following: Archaeological resources: includes artifacts, archaeological sites and marine archaeological sites. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act.

Areas of archaeological potential: means areas with the likelihood to contain archaeological resources. Criteria for determining archaeological potential are established by the Province, but municipal approaches which achieve the same objectives may also be used. Archaeological potential is confirmed through archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. The Ministry of Culture (MCL) has a four stage process:

• Stage 1 Assessment: Evaluation of Archaeological Potential • Stage 2 Assessment: Property Assessment • Stage 3 Assessment: Site Specific Assessment • Stage 4: Mitigation, Protection and Monitoring

The above process must be documented in accordance with the Ontario Heritage Act and Ministry of Culture Guidelines and undertaken by a licensed professional archaeological. Assessing Archaeological Resources Section 3.8 of MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of archaeological resources.

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3 INCORPORATING ARCHAEOLOGY ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how archaeology assessment and mitigation may be integrated into the transportation project design and construction process.

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Figure 3.1 Incorporating Archaeology Assessment and Mitigation into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.8.4 ERD) Assess impacts of alternatives (3.8.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.8.1 ERD) Gather Background Data (3.8.2 ERD) Field Investigations (3.8.3 ERD)

Data Collection*

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

Mitigation

Develop mitigation strategy (3.8.6 ERD) Consult 4 ERD)

Update Background Data (3.8.2 ERD) Update Field Investigations (3.8.3 ERD)

Assess impact of alternatives including construction impacts (3.8.5 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.6 ERD)

Archaeology Technical Report (3.8.8 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.8.8 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 11.A summarizes the EPR’s that typically are applicable to archaeology for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following transportation project-related environmental impacts on archaeological resources are considered to be typical:

1 Encroachment upon an archaeological site. Typical potential environmental impacts for various design features are defined below. Sub-section 5.1 discusses these impacts in detail, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the potential impact that specific design and construction activities can have on archaeological resources and identifies the relevant sub-section dealing with the impact.

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Table 5.1 Potential Environmental Impacts by Design Activity

DESIGN ACTIVITY

Impact

Inte

r-cha

nges

Ver

tical

al

ignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/ Ac

cess

Roa

ds

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Encroaching upon an archaeological site

X X X X X X X X X X X 5.1

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The Sub-section identified in the last column provides a detailed discussion of the potential impact and the possible strategies for addressing the impact. For example: Interchanges can encroach on archaeological sites. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impact (Section 5.1.1) and what can be done to address the impact (Table 5.1.1).

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5.1 Encroachment upon an Archaeological Site

5.1.1 Cause The location of highway elements such as inter-changes, lanes, temporary/access roads, bridges and culverts, and traffic and noise barriers can encroach upon an archaeological site. Highway construction activities such as grubbing, excavations or erosion of soils may unearth or bury archaeological resources.

5.1.2 Potential Effect Encroaching upon an archaeological site may result in the loss of archaeological resources or improper handling of potentially reverent artifacts.

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and its potential intervention by management options shown as numbered stop sign symbol. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Encroachment upon an Archaeological Site: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

Encroachment upon an archaeological site

4

Legend:

Number refers to Management Option in Table 5.1.1

Known Site Unknown Site

2

6 3

4

See Potential Effects

5

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Table 5.1.1 Environmental Management Options for Encroachment upon an Archaeological Site

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid known archaeological sites.

None Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Minimize encroachment: Reduce the footprint of the highway through flexibility in highway design standards including: • Use alternative interchange

designs; • Reduced median widths in

cross-section; and • Minimize fill placement into

archaeological areas through, for example, increased embankment slopes.

MTO Geometric Design Manual Roadside Safety Manual These are the primary

references for design considerations in modifying the footprint of the highway.

Safety requirements and other design considerations can severely restrict where these options can be used.

Retain archaeological sites: • Ensure temporary protection

practices during construction such as fencing, monitoring by an archaeologist, and restricting access by the contractor.

• Ensure long-term protection including incorporating an awareness of the archaeological site into operation and maintenance activities.

MTO Environmental Reference

for Contract Preparation: Section 2 - General Environmental and Incident Management for (protection of environmentally sensitive areas).

Safety requirements and other design considerations can severely restrict where these options can be used.

Undertake salvage excavation. MTO Environmental Reference

for Highway Design Section 3.8 - Archaeology.

Archaeological excavations can have environmental impacts. Management options may include:

• sediment and erosion control procedures

• controls on the dewatering of excavation sites

• fish and fish habitat mitigation and compensation as required for in-water work.

2

1

3

4

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Possible Management Options References Considerations

Contractors may, through private arrangements, use areas outside the contract limits. These areas may not have been through the archaeological assessment process. The contractor must be made aware that land-disturbance or capping activities can have impacts to archeological resources and that archaeological clearance of the areas must be obtained from MCL.

MTO Environmental Reference

for Contract Preparation: Section 2 - General Environmental and Incident Management.

For accidentally uncovered archeological resources: • all construction activities

stopped to prevent damage to or destruction of the resources;

• Appropriate personnel and agencies must be contacted;

• A mitigation strategy must be developed in consultation with the Ministry of Culture which may include conducting test/salvage excavations to document and collect discovered artifacts and archeological resources.

MTO Environmental Reference

for Highway Design Section 3.8 - Archaeology.

Environmental Reference for Contract Preparation: Section 2 - General Environmental and Incident Management.

5

6

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6 CHECKLIST

Appendix 11.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 11.A: Checklist for Archaeology See Separate File.

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11 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 11.A Checklist for Archaeology

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Stag

e 1

Ass

essm

ent

Rep

ort

Stag

e 2

Ass

essm

ent

Rep

ort

Stag

e 3

Ass

essm

ent

Rep

ort

Stag

e 4

Exca

vatio

n Sa

lvag

e R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ents

1

PROJECT SCOPE 1. Was the Archaeology Speciality identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A

2. Was archaeology identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment

Stage 1 3. Has a Stage 1 Evaluation of Archaeological Potential been completed by a licensed Archaeologist?

Stage 2 4. Has a Stage 2 Property Assessment been completed for identified properties by a licensed Archaeologist?

Stage 3 5. Stage 3 Site Specific Assessment been completed for identified properties by a licensed Archaeologist?

6. Have the potential impacts been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

7. Is the information collected adequate to enable the

identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Stag

e 1

Ass

essm

ent

Rep

ort

Stag

e 2

Ass

essm

ent

Rep

ort

Stag

e 3

Ass

essm

ent

Rep

ort

Stag

e 4

Exca

vatio

n Sa

lvag

e R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ents

1

Environmental Protection / Mitigation 8. Has a mitigation strategy been completed?

Stage 4 9. Has mitigation been completed?

10. Has the discovery of archaeological remains during construction been considered?

COMPLIANCE

Environmental Protection Requirements4

ARC-1

11. Archaeological resources that may be disturbed shall be identified and conserved to the satisfaction of the Ministry of Culture, in accordance with the Ontario Heritage Act.

ARC-2

12. Archaeologists shall perform all research, fieldwork, data processing, report preparation and any site investigations and field-testing required in accordance with the Ontario Heritage Act

ARC-3

13. Any land-disturbing activity that could alter known archaeological sites for which there are remaining archaeological concerns as identified by the Ministry of Culture shall be avoid.

ARC-4 14. No land-disturbing activity or any land-covering or

capping activity shall be carried out in areas that have not been subject to archaeological assessment.

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Stag

e 1

Ass

essm

ent

Rep

ort

Stag

e 2

Ass

essm

ent

Rep

ort

Stag

e 3

Ass

essm

ent

Rep

ort

Stag

e 4

Exca

vatio

n Sa

lvag

e R

epor

t

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ents

1

ARC-5

15. A licensed archaeologist shall conduct the archaeological assessment, test excavation, and mitigative excavation, in accordance the Ontario Heritage Act.

ARC-6

16. Archaeological assessments shall be conducted to produce a thorough evaluation of the deposits; to generate recommendations for impact mitigation; and to clearly document the methods, results, and recommendations of the assessment.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

None

Environmental Protection Requirements for projects in Designated Areas:

Various

17. Have the special considerations for Designated Areas been addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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12 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Surface Water

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 12

Surface Water Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 12: Surface Water, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Clark Gunter Ewa Bednarczuk (Ecoplans) and Andrea Kauppinen (McCormick Rankin Corporation). This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 INTRODUCTION .............................................................................................................................5 1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE......................................................................... 5

2 SURFACE WATER CONCEPTS ....................................................................................................6 3 INCORPORATING SURFACE WATER ASSESSMENT AND MITIGATION INTO THE

TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS.............................7 4 MAIN REQUIREMENTS AND GOALS...........................................................................................9 5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS.................................................10

5.1 INCREASE IN QUANTITY AND RATE OF SURFACE WATER RUNOFF ....................................................... 12 5.1.1 Cause ....................................................................................................................................... 12 5.1.2 Potential Effect ......................................................................................................................... 12 5.1.3 Environmental Management Options....................................................................................... 12

5.2 INCREASE IN SEDIMENT AND CONTAMINANT LOADING.......................................................................... 16 5.2.1 Cause ....................................................................................................................................... 16 5.2.2 Potential Effect ......................................................................................................................... 16 5.2.3 Environmental Management Options....................................................................................... 16

5.3 MODIFYING WATERBODIES OR WATERCOURSES ................................................................................. 20 5.3.1 Cause ....................................................................................................................................... 20 5.3.2 Potential Effect ......................................................................................................................... 20 5.3.3 Environmental Management Options....................................................................................... 20

6 CHECKLIST ..................................................................................................................................24 LIST OF TABLES Table 5.1 Potential Environmental Impacts on Surface Water by Design Activity............................... 11 Table 5.1.1 Environmental Management Options for Increase in Quantity and Rate of Surface Water

Runoff................................................................................................................................... 14 Table 5.2.1 Environmental Management Options for Degraded Stormwater Quality............................. 18 Table 5.3.1 Environmental Options for Modifying Waterbodies or Watercourses .................................. 22 LIST OF FIGURES Figure 3.1 An Example of How the Assessment and Mitigation of Surface Water is Integrated into the

Transportation Project Design and Construction Process..................................................... 8 Figure 5.1.1 ncrease in Quantity and Rate of Surface Water Runoff: Opportunities for Intervention by

Management Options........................................................................................................... 13 Figure 5.2.1 Degraded Stormwater Quality: Opportunities for Intervention by Management Options .... 17 Figure 5.3.1 Modifying Waterbodies or Watercourses: Opportunities for Intervention by Management

Options................................................................................................................................. 21 APPENDICES

APPENDIX 8.A: CHECKLIST FOR SURFACE WATERS

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1 INTRODUCTION

MTO’s Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. This section covers the typical environmental effects faced in transportation project design and construction with respect to surface waters. It is not the intent of the section to provide possible solutions to every potential impact or to cover every regional, local or project-specific nuance that design teams and stakeholders may face. Site-specific conditions may dictate site-specific responses.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

This Section is laid out in the following Sub-sections: Sub-section 2 - presents some useful concepts regarding surface waters. Sub-section 3 - presents transportation project design and construction process and

how surface water assessment and mitigation is incorporated into that process.

Sub-section 4 - presents the main requirements and goals based on the Environmental Protection Requirements.

Sub-section 5 - presents typical surface water impacts associated with transportation project design and construction; sub-sections 5.1 to 5.3 discuss each impact in detail.

Sub-section 6 - presents a checklist for ensuring that surface water issues are adequately addressed.

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2 SURFACE WATER CONCEPTS

Surface water refers to water-related features on the earth’s surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics (Provincial Policy Statement 2005). For purposes of this document, surface water pertains to the drainage management normally associated with the design and construction of transportation projects and includes:

• surface drainage systems including roadside ditches, storm sewers, pavement drainage, bridge deck drainage etc.; and

• crossing of waterbodies including bridges and culverts. Assessing Surface Water Section 3.11 of the MTO’s Environmental Reference for Highway Design details MTO expectations for undertaking an assessment of surface water.

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3 INCORPORATING SURFACE WATER ASSESSMENT AND MITIGATION INTO THE TRANSPORTATION PROJECT DESIGN AND CONSTRUCTION PROCESS

The following figure illustrates how surface water assessment and mitigation may be integrated into a transportation project design and construction process.

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Figure 3.1 An Example of How the Assessment and Mitigation of Surface Water is Integrated into the Transportation Project Design and Construction Process

Generate and Assess Preliminary Design Alternatives

Evaluate and Select Preferred Preliminary Design Alternative

Refine Preferred Preliminary Design Alternative

Prepare TESR and Preliminary Design Report

Generate and Assess Detailed Design Alternatives

Evaluate and Select Preferred Detailed Design Alternative

Refine Preferred Detailed Design Alternative

Prepare Contract Package and Award Construction Contract

Determine Significance (3.11.4 ERD) Assess impacts of alternatives (3.11.5 ERD) Consult (4 ERD)

Analysis*

Determine Study Area (3.11.1 ERD) Gather Background Data (3.11.2 ERD) Field Investigations (3.11.3 ERD)

Data Collection* Mitigation

Develop mitigation strategy (3.11.6 ERD) Consult 4 ERD)

Update Background Data (3.11.2 ERD) Update Field Investigations (3.11.3 ERD)

Assess impact of alternatives including construction impacts (3.11.5 ERD)

Analysis* Mitigation Data Collection*

Develop mitigation details (3.11.6 ERD)

Surface Water Report (3.11.7 ERD)

Documentation

Contract drawings and SSPs or NSSPs for contract package (ERCP) – included with or part of Design and Construction Report (DCR) (3.11.7 ERD)

Documentation

Preliminary Design Detail Design Construction

Monitoring

Contract Administration

Environmental Assessment Process

ERD refers to MTO’s Environmental Reference for Highway Design. *denotes that activities undertaken in the various steps can differ depending on the project. See MTO’s ERD section 2 for details on various options.

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4 MAIN REQUIREMENTS AND GOALS

To clarify its environmental requirements, MTO synthesized the over 60 environmental statutes and the supporting regulations and formal government policies that apply to transportation projects and facilities. In cooperation with Regulatory Agencies, MTO interpreted how each is applied to transportation planning and highway design, construction, and operation and maintenance activities and developed Environmental Protection Requirements (EPR’s). The checklist in Appendix 2.A summarizes the EPR’s that typically are applicable to fish and fish habitat for:

• all transportation projects; and • transportation projects on Federal lands and/or with Federal involvement.

For requirements for transportation projects within Designated Areas, see Section 14 of this User Guide. For a complete list and wording of the EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance.

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5 IMPACTS AND ENVIRONMENTAL MANAGEMENT OPTIONS

For purposes of this document, the following three transportation project-related environmental impacts on surface waters have been identified. These include:

1 increase in quantity and rate of surface water runoff; 2 increase in sediment and contaminant loading; and 3 modifying watercourses and waterbodies.

Typical potential environmental impacts for various design features are defined below. Sub-sections 5.1 to 5.3 discuss these impacts. For each impact, the following are described:

• the cause; • the potential effect; and • the environmental options to manage the impacts.

Table 5.1 presents the potential impacts that specific design and construction activities can have on surface waters and identifies the relevant sub-sections dealing with these impacts.

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Table 5.1 Potential Environmental Impacts on Surface Water by Design Activity

DESIGN ACTIVITY

IMPACT

Inte

r-cha

nges

Ver

tical

al

ignm

ent

Hor

izon

tal

alig

nmen

t

Gra

de

Dra

inag

e D

esig

n Te

mpo

rary

/ Ac

cess

Roa

ds

Brid

ges,

cu

lver

ts a

nd

chan

nels

Traf

fic a

nd

nois

e ba

rrier

s

Illum

inat

ion

Util

ity

relo

catio

n

Con

stru

ctio

n

Sub-section

No

Increase in quantity and rate of surface water runoff

X X X X X X X X X 5.1

Increase in sediment and contaminant loading

X X X X X X X X X X 5.2

Change in drainage pattern and modification of surface drainage system

X X X X X X X X X X 5.3

Legend: An “X” in a box indicates that the “Design Activity” listed at the top could have the impact listed on the left of the Table. The Sub-section identified in the last column provides a detailed discussion of the potential impacts and the possible strategies for addressing the impacts. For example: Interchanges can increase the quantity and rate of surface water runoff. The user should refer to the applicable sub-section (e.g., 5.1) to learn about the nature of the potential impacts (Section 5.1.1) and what can be done to address the impacts (Table 5.1.1).

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5.1 Increase in Quantity and Rate of Surface Water Runoff

5.1.1 Cause The location of transportation project elements such as interchanges, lanes, temporary/access roads, bridges and culverts, will modify ground cover and topography, changing the surface water drainage patterns of the area including infiltration and storage of stormwater.

5.1.2 Potential Effect Changes in hydrologic characteristics may lead to:

• an increase in the rate of surface water runoff; • an increase in the quantity of surface water runoff; and • a decrease in groundwater recharge.

The increased runoff volumes to receiving drainage systems (e.g., sewers, watercourses) or waterbodies (e.g., streams, lake, wetland) may also cause:

• increase in downstream potential for erosion of channel banks and substrate; • increase in the duration and extent of flooding; • effects on the fish, fish habitat and other aquatic organisms including loss of

habitat and new barriers to fish passage (See Section 2 - Fish and Fish Habitat); and

• effects on wetlands including increased flooding (See Section 3 - Wetlands).

5.1.3 Environmental Management Options Figure 5.1.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.1.1 provides details regarding each management option number referenced in the figure. The strategies and practices can be considered either alone, in concert or as part of an iterative process.

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Figure 5.1.1 Increase in Quantity and Rate of Surface Water Runoff: Opportunities for Intervention by Management Options

Design / Construction Activity – see Table 5.1

1

3

Increased rate of runoff

4

4

Legend:

Number refers to Management Option in Table 5.1.1

See Section 6 - Groundwater of this User Guide

Decreased groundwater recharge

2

Changes in hydrologic characteristics

Increased quantity of runoff

See Potential Effects

6

6

5

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Table 5.1.1 Environmental Management Options for Increase in Quantity and Rate of Surface Water Runoff

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid surface water features.

MTO Primary references for design considerations in modifying size and/or location include: • Geometric Design

Standards for Ontario Highways

• Roadside Safety Manual

Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Use groundwater management options to avoid or mitigate impacts to groundwater that supports surface water systems: • Set location to avoid cuts

where the groundwater supporting surface water would be intercepted; and

• Promote infiltration of surface water by for example, detaining flows in grassed swales.

Section 6 - Groundwater of this User Guide

Stormwater may contain concentrations of hydrocarbons, salt, heavy metals and other compounds that could contaminate groundwater resources. See Subsection 5.2 - Increase In Sediment And Contaminant Loading.

Detain surface water and control the rate of runoff, by for example, using detention ponds.

MTO • Drainage Design

Standards • Drainage Management

Manual

Hydrological, geotechnical, land -use (availability) and other design considerations can restrict where these options can be used.

Stormwater detained in facilities

such as ponds may themselves increase temperature, decrease the dissolved oxygen or otherwise change the stormwater in a way that impacts the receiving waterbodies. See Subsection 5.2 - Increase In Sediment And Contaminant Loading.

2

3

1

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Possible Management Options References Considerations

Reduce velocities along watercourse crossing and at drainage outlets by, for example, incorporating energy dissipating measures or drainage systems.

MTO • Drainage Design

Standards. • Drainage Management

Manual

Hydrological, geotechnical, land-use and other design considerations can restrict where these options can be used.

Increase capacity of drainage systems to accept increased flow rate by, for example, upgrading sewer systems and enlarging ditches.

MTO • Drainage Design

Standards. • Drainage Management

Manual

Hydrological, geotechnical, fish and fish habitat and other design considerations can restrict where these options can be used.

Protect watercourses and slopes from erosion by incorporating erosion protection measures.

MTO • Drainage Design

Standards • Drainage Management

Manual

Hydrological, geotechnical, fish and fish habitat and other design considerations can restrict where these options can be used.

4

5

6

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5.2 Increase in sediment and contaminant loading

5.2.1 Cause The construction and operation of a transportation project will degrade stormwater quality due to:

• The increase in sediment from: o exposed soils and increased erosion during construction; o bank erosion from increased flows; and o operation of the transportation project.

• The increase in contaminants from: o hydrocarbons, heavy metals and other contaminates from spills and

other sources from the construction and operation of the transportation project; and

o salt and other anti-icing materials. • The increase in water temperature due to warming from paved surfaces and

stormwater management facilities.

5.2.2 Potential Effect Impacted stormwater can:

• decrease water quality of receiving watercourses or waterbodies; and/or • alter sediment budget, channel morphology and flow characteristics of

watercourses or waterbodies. This in turn can cause effects on:

• fish, fish habitat and other aquatic organisms including mortality and loss of habitat (See Section 2 - Fish and Fish Habitat) of this User Guide;

• wetlands including contamination and infilling (See Section 3 - Wetlands of this User Guide); and/or

• flooding and erosion potential.

5.2.3 Environmental Management Options Figure 5.2.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.2.1 provides details regarding each management option number referenced in the figure. The strategies and practises can be considered either alone, in concert or as part of an iterative process.

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Figure 5.2.1 Degraded Stormwater Quality: Opportunities for Intervention by Management Options

4

Legend:

Number refers to Management Option in Table 5.2.1

See Potential Effects

8

7

Design / Construction – See Table 5.1

1

Increased of stormwater temperature

Increase in stormwater contaminants

4 5

6

Increase in stormwater sediment

2

Increased sediment and contaminants in stormwater

from construction

Permanent

Impacted Stormwater in Surface Water

Temporary

3

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Table 5.2.1 Environmental Management Options for Degraded Stormwater Quality

Possible Management Options

References Considerations

Avoidance / Prevention

Avoid setting transportation project facility across or near sensitive surface water features.

None Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Minimize sediment impacted stormwater during construction though sediment and erosion control, for example, temporary cover of exposed earth surfaces.

MTO • Environmental Guide for

Erosion and Sediment Control during Construction.

• Environmental Reference for Contract Preparations Section 5 - Erosion and Sediment Control and Vegetation Management

Drainage design considerations can restrict where these options can be used.

Minimize contaminant impacted stormwater during construction by directing contractor on the use and storage of products and the management of waste and excess materials especially when working in and around water.

MTO Environmental Reference for Contract Preparation: Sections: 2 - General Environmental and

Incident Management 8 - Management of Products,

Fuels, Waste and Excess Materials

Minimize use of road salt / anti-icing materials through: • a Salt Management Plan

formulated to reduce applications; and

• the flexibility in alignment and bridge design to reduce snow drifting onto and ice formation on the transportation project

MTO • Salt Management Plan

(under development) • Drainage Management

Manual • Drainage Standards Manual Other Transportation Association of Canada’s Synthesis of Best Practices – Road Salt Management – Road and Bridge Design

Safety and other design and operational considerations can restrict where these options can be used.

Enhance containment capabilities of surface water management measures in the event of an accidental spill of hazardous materials. Including: shut-off valves on end-of-pipe facility outlets; check dams in ditches; multiple cells in end-of-pipe facilities with bottom-draw hydraulic connections between cells; etc.

MTO • Drainage Design Standards • Drainage Management

Manual

Drainage design considerations can restrict where these options can be used.

1

2

4

3

5

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Possible Management Options

References Considerations

Remove sediment and associated contaminants from surface water runoff using surface water management measures including wet or dry ponds, vegetated swales etc.

MTO • Drainage Design Standards • Drainage Management

Manual

Sediment accumulated in surface water management measures may become contaminated and require special management procedures.

Cool surface water prior to release to receiving waters, by, for example, subsurface cooling trenches or bottom draw from wet ponds.

MTO • Drainage Design Standards • Drainage Management

Manual

Hydrological, geotechnical, and other design considerations can restrict where these options can be used.

Protect watercourses and slopes from erosion.

MTO • Drainage Design Standards • Drainage Management

Manual

Hydrological, geotechnical, fish and fish habitat and other design considerations can restrict where these options can be used.

6

7

8

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5.3 Modifying waterbodies or watercourses

5.3.1 Cause The development of or improvement to a transportation project (such as bridges and culverts, inter-changes; additional lanes; and temporary / access roads) can modify waterbodies by requiring culvert extensions, widening bridges, filling of flood plains, realignment or enclosure of watercourses.

5.3.2 Potential Effect Modifying waterbodies can result in:

• loss of floodplain storage; • increased erosion and sedimentation in watercourses / reduced;

watercourse stability; • increased flow velocities; • reduced or increased conveyance capacity; • changes in groundwater upwellings; and • loss of riparian vegetation/floodplain community.

Secondary effects may include:

• loss or reduction in fish habitat and fish passage; • loss of wetland area or function; • loss of wildlife habitat or movement opportunities; and • increased flooding.

See the following sections of this User Guide for further effects and management opportunities regarding the secondary effects:

• Fish and Fish Habitat (Section 2); • Wetlands (Section 3); • Woodlands and Other Vegetated Areas (Section 4); and • Wildlife Movements and Habitats (Section 5).

5.3.3 Environmental Management Options Figure 5.3.1 depicts the environmental impacts and their potential intervention by management options shown as numbered stop sign symbols. Table 5.3.1 provides details regarding the management option number referenced in the figure. The strategies and practises can be considered either alone, in concert or as part of an iterative process.

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Figure 5.3.1 Modifying Waterbodies or Watercourses: Opportunities for Intervention by Management Options

Design / Construction Activity – See Table 5.1

1

Modifying waterbodies: change in channel or shoreline morphology / hydraulics

Loss of floodplain storage

4

6

See Section 5- Wildlife Habitats and Movements

of this User Guide

3

See Section 2- Fish and Fish Habitat of

this User Guide

Increased erosion and sedimentation in watercourses

Increased flow velocities in

watercourses

Reduced conveyance

capacity

Loss of vegetation, wildlife movement opportunities and

habitat, and/or wetlands

7

5

Potential Effect Flooding

Potential Effect Loss of aquatic

habitat and/or fish passage

See Section 4- Woodland and other

Vegetated Areas of this User Guide

2

Changes in groundwater upwellings

3 8

4

Legend:

Number refers to Management Option in Table 5.3.1

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Table 5.3.1 Environmental Options for Modifying Waterbodies or Watercourses

Possible Management Options References Considerations

Avoidance / Prevention

Set location of design feature to avoid surface water features.

None Limited ability to relocate some elements (like alignment) in the design stage.

Control / Mitigation

Reduce the modification of channel or shoreline morphology / hydraulics through crossing designs that retain the form and processes of the waterbody through design flexibility including: structure type (bridge or culvert) structure design: type of bridge or culvert,

sizing of culverts, location of bridge footing etc.)

Minimize fill placement into waterbodies through, for example, increased embankment slopes

MTO • Environmental Guide for Fish

and Fish Habitat • Bridge Manual • Drainage Management Manual • Drainage Standards Manual.

Hydrological, geotechnical, bridge and other design considerations can restrict where these options can be used.

Reduce the changes to groundwater upwelling through crossing designs such as:

• bridges • open bottom/perforated culverts.

MTO • Drainage Design Standards • Drainage Management Manual • Environmental Guide for Fish

and Fish Habitat.

Hydrological, geotechnical, bridge and other design considerations can restrict where these options can be used.

Utilize natural channel design principles in channel realignment to maintain or improve stability, sediment transport.

MTO • Drainage Design Standards • Drainage Management Manual • Environmental Guide for Fish

and Fish Habitat.

Protect watercourses and slopes from erosion. MTO • Environmental Guide for

Erosion and Sediment Control During Construction;

• Environmental Reference for Contract Preparation Section 5- Erosion and Sediment Control and Vegetation Management.

Increase conveyance capacity of drainage system (watercourses, culverts, bridges, etc.) by for example, improving culvert conditions, upgrading culverts, and enlarging watercourse cross-section.

MTO • Drainage Design Standards • Drainage Management Manual.

1

2

3

4

5

6

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Possible Management Options References Considerations

Minimize filling of floodplain and waterbodies, for example, by utilizing retaining walls/extra spans.

MTO • Drainage Design Standards • Drainage Management Manual.

Increase floodplain storage elsewhere along the watercourse/waterbody to make up for loss.

MTO • Drainage Design Standards • Drainage Management Manual.

7

8

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6 CHECKLIST

Appendix 12.A contains a checklist to help project participants (MTO staff, consultants, Regulatory Agencies and the public) review environmental assessment process documentation of a transportation project to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance with Environmental Protection Requirements.

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APPENDIX 8.A: Checklist for Surface Waters See Separate File.

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12 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 12.A Checklist for Surface Water

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. To complete the checklist:

1. review the project activity or compliance requirement; 2. determine if it applies to the project (yes or no) and complete the “applies”

column; 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented; 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

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osai

c

Exis

ting

Con

ditio

ns B

rief

Dra

inag

e an

d St

orm

wat

er

Man

agem

ent

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ents

1

PROJECT SCOPE 1. Was the Surface Water Speciality identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A

2. Was surface water identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment 3. Have the locations where surface water will be released

from the highway right-of-way to external lands determined and mapped?

4. Have areas with evidence of historical flooding been determined?

5. Have areas with evidence of erosion and/or sedimentation been determined?

6. Have downstream surface water use been determined?

7. Has data related to wetland hydrology and aquatic and terrestrial habitat data been determined and mapped?

Background Data and Field Investigations

8. Have existing upstream and downstream channel characteristics been determined?

Determination of Significance

9. Has there been an overview of the watershed / sub-watershed surface drainage patterns and characteristics?

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

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osai

c

Exis

ting

Con

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ns B

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d St

orm

wat

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Rep

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TESR

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DC

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Futu

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Com

mitm

ents

1

10. Has there been identification of significant groundwater recharge and discharge areas?

11. Has there been a description of surface water quality and quantity, within a watershed context?

12. Has there been an overview of the significance and sensitivities of effected water use, including aquatic and terrestrial habitat in features?

13. Has Increase in sediment and contaminant loading in the surface water been considered?

14. Has an increase in the rate of surface water runoff been considered?

15. Has an increase in the quantity of surface water runoff been considered?

16. Has a decrease in groundwater recharge been considered?

17. Have the potential permanent and temporary impacts been assessed in terms of:

(a) Highway design alternatives?

(b) Alternative methods of construction?

(c) Highway operation/maintenance?

Assessment of Impacts

18. Is the information collected adequate to enable the identification of resources/issues for the Valued Ecosystem Component criteria under CEAA?

Environmental Protection / Mitigation 19. Has a preliminary mitigation strategy been completed?

20. Has a detailed mitigation strategy been completed?

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

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COMPLIANCE

Environmental Protection Requirements4

SWR-2 21. Maintain the existing water balance in the vicinity of the highway.

SWR-2 22. Protect upstream and downstream human and non-

human (e.g. wildlife, vegetation, etc.) land and water uses.

SWR-2 23. Mitigate impacts to the quality of surface water.

SWR-2 24. Minimize changes in erosion potential and flood risk for

features of the natural environment upstream and downstream.

SWR-3 25. Preserve or enhance ecological linkages during the design of surface water conveyance and management.

SWR-4

26. A certificate of approval is required for any surface water conveyance or management works not being constructed under either the Drainage Act or the Public Transportation and Highway Improvement Act.

SWR-8 27. Any material that may sink, such as stone, gravel, earth,

etc., shall not be placed into navigable waters where there is not at least 36.6 metres of water at all times.

SWR-9

28. A private company shall obtain a permit prior to construction of any measures that will create a temporary or permanent dam across a governed waterbody.

4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Ministry of Transportation Section 12: Surface Water Environmental Standards and Practices User Guide Appendix 12.A: Checklist

Dec-06 Page 7 of 7

Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

inag

e M

osai

c

Exis

ting

Con

ditio

ns B

rief

Dra

inag

e an

d St

orm

wat

er

Man

agem

ent

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ents

1

SWR-10 29. A private company shall obtain a permit prior to

placement of fill that effects the control of flooding or pollution, or the conservation of land.

Environmental Protection Requirements for projects on federal lands and/or with federal involvement. In addition to the requirements outlined above, the following Environmental Protection Requirements apply to projects involving federal land or receiving federal funding:

SWR-5 30. Any works crossing, or in a waterbody designated as

navigable waters, shall receive approval from Transport Canada.

SWR-6

31. Any structure crossing a waterbody designated as navigable waters shall be designed, constructed, operated and maintained to provide a minimum acceptable clearance.

SWR-7

32. Any channel works proposed in a waterbody designated as navigable waters shall be designed, constructed, operated and maintained in a manner that will ensure that the geometric characteristics of the existing watercourse are maintained.

Environmental Protection Requirements for Projects in Designated Areas:

Various

33. Have the special considerations for Designated Areas been addressed and the checklist completed for this factor? (see Section 13 Designated Areas of this User Guide).

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13 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Air

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 13

Air Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 13: Air, December 2006. Ministry of Transportation Ontario.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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Ministry of Transportation Environmental Standards and Practices User Guide Section 13: Air

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS

1 PREFACE........................................................................................................................................5

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1 PREFACE

The Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry approaches typical environmental impact issues in order to meet its Environmental Protection Requirements through the Environmental Assessment (EA) Process. The process and procedures for the assessment of air impacts during highway design and assistance to the user in the determination and mitigation of impacts is under internal development at MTO and is currently being managed on a project by project basis. When developed, the impacts and management options will be included in this section.

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13 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 13.A Checklist for Air

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. The general project activities are actions taken during transportation project design to assess and avoid / mitigate impacts. It is based on the requirements of MTO’s Environmental Reference for Highway Design. For compliance, the checklist includes summaries of the applicable Environmental Protection Requirements. The letters and number, for example VEG-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. Note: The general project activities and Environmental Protection Requirements for Air are currently being developed in consultation with provincial and federal government stakeholder agencies. To complete the checklist:

1. Review the project activity or compliance requirement. 2. Determine if it applies to the project (yes or no) and complete the “applies”

column. 3. If, it applies, then check the document in which the project activity or compliance

requirement has been documented. 4. If the project activity or compliance requirement applies but will be addressed /

documented in the future, then check the “Future Commitment” column.

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Documented in:

Project Activity or Compliance Requirement

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Air

Rep

ort

TESR

2

DC

R3

Con

trac

t

Futu

re

Com

mitm

ent1

PROJECT SCOPE 1. Was the Air Speciality identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

2. Was air identified during the course of the project? N/A N/A N/A N/A N/A N/A

GENERAL PROJECT ACTIVITIES

Assessment

Background Data and Field Investigations To be determined on a project-specific basis

Determination of Significance To be determined on a project-specific basis

Assessment of Impacts To be determined on a project-specific basis

Environmental Protection / Mitigation

To be determined on a project-specific basis

COMPLIANCE

Environmental Protection Requirements

Under development.

Environmental Protection Requirements for Projects in Designated Areas:

Various 3. Have the special considerations for Designated Areas been

addressed and the checklist completed for this factor? (see Section 13: Designated Areas of this User Guide).

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments

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14 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

Designated Areas

Version: December 2006

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MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide SECTION 14

Designated Areas Part of the Environmental Standards and Practices

ISSUED BY:

PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION

301 ST. PAUL STREET ST. CATHARINES, ONTARIO

L2R 7R4

Citation Environmental Standards and Practices User Guide, Section 14: Designated Areas, December 2006. Ministry of Transportation Ontario.

Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead author was Clark Gunter. This document was developed under the direction of the Environmental Standards Project (ESP) team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall – Project Director and Brenda Carruthers – Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter – Project Manager). The ESP team would like to acknowledge the numerous contributors and reviewers for this document from MTO’s Working Group, other reviewers from MTO’s head and regional offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources.

Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document.

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Ministry of Transportation Environmental Standards and Practices User Guide Section 14: Designated Areas

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 INTRODUCTION .............................................................................................................................5

1.1 USING THIS TECHNICAL SECTION OF THE USER GUIDE......................................................................... 5 2 DESIGNATED AREAS CONCEPTS...............................................................................................6

2.1 OAK RIDGES MORAINE ....................................................................................................................... 7 2.2 NIAGARA ESCARPMENT ...................................................................................................................... 8 2.3 GREENBELT AREA.............................................................................................................................. 8 2.4 OTHER DESIGNATED AREAS ............................................................................................................. 10

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1 INTRODUCTION

This section of the Environmental Standards and Practices User Guide (the User Guide) provides guidance to design teams and information to stakeholders on how the ministry meets expectations about the special environmental protection status of Designated Areas. Sections 2 to 13 have detailed typical impacts and mitigation opportunities for specific environmental factors (e.g., Section 3 – Wetlands). This section covers the additional assessment, avoidance and mitigation requirements for each of those environmental factors that are applicable to transportation projects within Designated Areas.

1.1 Using this Technical Section of the User Guide

If this is the first time you are reading any section of the User Guide, then it is recommended that you review Section 1 – Introduction. It describes, among other things:

• the role of other documents in relation to the User Guide; • general information about the types of environmental impacts associated with

the design and construction of transportation projects; and • guiding principles to addressing environmental impacts.

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2 DESIGNATED AREAS CONCEPTS

Designated Areas are defined by resource agencies, municipalities, the government and/or the public, through legislation, policies, or approved management plans, to have special or unique value. These groups value such areas for variety of cultural, ecological, recreational and/or aesthetic reasons. Designated Areas include but are limited to:

• Provincial Land Use and Environmental Plans areas: o Oak Ridges Moraine; o Niagara Escarpment; and o Greenbelt.

• Others areas: o Bruce Trail; o Trans Canada Trail; o National and Provincial Parks; o Environmentally Sensitive Areas (ESA); o provincially significant Areas of Natural and Scientific Interest (ANSI); o etc.

In recognition of their unique and highly sensitive environmental features, the government of Ontario has designated special environmental planning areas and approved plans to protect the Niagara Escarpment, the Oak Ridges Moraine and the Greenbelt. In doing so the government has set a higher standard for environmental protection for these areas than elsewhere in the Province. The Niagara Escarpment has further been designated as a World Biosphere site; a very special status dictating even greater care. The following sub-sections include a brief description of the following Designated Areas and references to the Appendix that contains a checklist of requirements:

• Oak Ridges Moraine; • Niagara Escarpment; • Greenbelt; and • other Designated Areas.

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2.1 Oak Ridges Moraine

The Oak Ridges Moraine Conservation Plan (ORMCP) is an ecologically based plan established by the Ontario government to provide land use and resource management direction for the 190,000 hectares of land and water within the Moraine.

The Moraine has a unique concentration of environmental, geological and hydrological features that make its ecosystem vital to south-central Ontario, including:

• clean and abundant water resources; • healthy and diverse plant and animal habitat; • an attractive and distinct landscape; • prime agricultural areas; and • sand and gravel resources close to market.

The Plan divides the Moraine into four land use designations: Natural Core Areas (38% of the Moraine), Natural Linkage Areas (24% of the Moraine), Countryside Areas (30% of the Moraine) and Settlement Areas (8% of the Moraine).

• Natural Core Areas protect those lands with the greatest concentrations of key natural heritage features that are critical to maintaining the integrity of the Moraine as a whole. Only existing uses and very restricted new resource management, agricultural, low intensity recreational, home businesses, transportation and utility uses are allowed in these areas.

• Natural Linkage Areas protect critical natural and open space linkages between the Natural Core Areas and along rivers and streams. The only uses that are allowed are those allowed in Natural Core Areas, plus some aggregate resource operations.

• Countryside Areas provide an agricultural and rural transition and buffer between the Natural Core Areas and Natural Linkage Areas and the urbanized Settlement Areas. Prime agricultural areas as well as natural features are protected. Most of the uses typically allowed in agricultural and other rural areas are allowed here.

• Settlement Areas reflect a range of existing communities planned by municipalities to reflect community needs and values. Urban uses and development as set out in municipal official plans are allowed.

The checklist in Appendix 14.A summarizes the requirements (with reference to MTO’s Environmental Protection Requirements1) for the Oak Ridges Moraine.

1 Environmental Protection Requirements (EPR’s) are statements that synthesize over 60 environmental statutes and the supporting regulations and formal government policies. For more detail see Section 1 – Introduction of this User Guide or for a complete list of EPR’s, see MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, Operation and Maintenance.

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2.2 Niagara Escarpment

The Niagara Escarpment Planning and Development Act established a planning process to ensure that the Niagara Escarpment would be protected. From this emerged the Niagara Escarpment Plan (NEP) that serves as a framework of objectives and policies to strike a balance between development, preservation and the enjoyment of the Niagara Escarpment. The NEP is comprised of, among other things, a purpose statement, objectives and development criteria. The purpose of the NEP is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment. The NEP allows for transportation facilitates and has objectives and criteria for such facilities in order to meet the NEP purpose. The NEP is flexible. It recognizes that transportation facilities have other constraints and that some criteria may not be feasible in every situation. Objectives of the NEP:

1. protect the unique ecologic and historic areas; 2. maintain and enhance the quality and character of natural streams and water

supplies; and 3. maintain and enhance the open landscape of the Niagara Escapement by

preserving the natural scenery. The checklist in Appendix 14.A summarizes the requirements (with reference to MTO’s Environmental Protection Requirements) for the Niagara Escarpment.

2.3 Greenbelt Area

The Greenbelt Area, as defined by Ontario Regulation 59/05 Designation of Greenbelt Area, is governed by the Greenbelt Plan, which includes lands within the Oak Ridges Moraine Area and the Niagara Escarpment Plan Area (discussed in subsections 2.1 and 2.2, respectively). The Greenbelt Plan balances the protection of greenspace and support for rural communities in the Greenbelt Area. The Plan contains provisions for a wide range of uses, including the permission for existing uses to continue and expand, as the Plan allows.

The Plan defines Protected Countryside areas. Protected Countryside areas are intended to enhance the spatial extent of agriculturally and environmentally protected lands currently covered by the NEP and the ORMCP while at the same time improving linkages between these areas and the surrounding major lake systems and watersheds. The Protected Countryside consists of an Agricultural System and a Natural System, together with a series of settlement areas.

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• Agricultural System: a continuous and permanent land base necessary to support long-term agricultural production and economic activity and is comprised of: (a) Specialty Crop Areas (Niagara Peninsula Tender Fruit and Grape Area and

the Holland Marsh); (b) Prime Agricultural Areas (as designated within municipal official plans); and (c) Rural Areas (lands outside of settlement areas which are not prime

agricultural areas and are typically characterized by a mixture of agricultural lands, natural features and recreational and historic rural land uses).

• Natural System: provides a continuous and permanent land base necessary to support human and ecological health in the Greenbelt and beyond and is comprised of: (a) Natural Heritage System (areas with the highest concentration of the most

sensitive and/or significant natural features and functions); (b) Water Resource System (both ground and surface water features and their

associated functions).

• Settlement Areas: provide significant economic, social and commercial functions to Prime Agricultural Areas and Rural Areas.

The Greenbelt Plan allows2 infrastructure3 necessary to support rural communities in the Greenbelt Area. To guide its development, the Plan contains a series of policies specific to infrastructure for the Protected Countryside. Some of these polices are specific to the Agricultural System, Natural System, or Settlement Areas. The Plan is also flexible and recognizes that transportation facilities have other constraints and that some polices may not be feasible in every situation.

The checklist in Appendix 14.A summarizes the requirements (with reference to MTO’s Environmental Protection Requirements) for the Greenbelt Area.

2 Given that the infrastructure has undergone the required environmental assessments. 3 Means physical structures (facilities or corridors) that form the foundation for development or resource

use and includes transit and transportation corridors and facilities.

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2.4 Other Designated Areas

Others Designated Areas include: • Bruce Trail; • Trans Canada Trail; • National and Provincial Parks; • Designated federal wildlife/marine areas; • RAMSAR wetlands; • Remedial Action Plan areas (RAP); • International Biological Program areas; • World Biosphere Reserves; • Designated heritage rivers; • Environmentally Sensitive Areas (ESA); • Environmentally Sensitive Policy Areas (ESPA); • provincially significant Areas of Natural and Scientific Interest (ANSI); • Conservation Reserves; • Conservation Authority parks/Open Space lands; • Stewardship lands; and • Land trust areas (such as Nature Conservancy of Canada and others).

The checklist in Appendix 14.A summarizes the additional requirements (with reference to MTO’s Environmental Protection Requirements) for the above Designated Areas.

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APPENDIX 14.A: Checklist for Designated Areas See Separate File.

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14 Section

MINISTRY OF TRANSPORTATION

Environmental Standards and Practices User Guide

APPENDIX 14.A Checklist for Designated Areas

Version: December 2006

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VERSION HISTORY

VERSION # DATE DESCRIPTION OF MAJOR CHANGE

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TABLE OF CONTENTS 1 INTRODUCTION ...............................................................................................................................................4 2 CHECKLIST FOR FISH AND FISH HABITAT.............................................................................................5 3 CHECKLIST FOR WETLANDS......................................................................................................................9 4 CHECKLIST FOR WOODLANDS AND OTHER VEGETATED AREAS...............................................13 5 CHECKLIST FOR WILDLIFE HABITAT AND MOVEMENTS.................................................................17 6 CHECKLIST FOR GROUNDWATER ..........................................................................................................21 7 CHECKLIST FOR LAND USE ......................................................................................................................25 8 CHECKLIST FOR NOISE..............................................................................................................................29 9 CHECKLIST FOR CONTAMINATED PROPERTY ...................................................................................31 10 CHECKLIST FOR BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES ......................32 11 CHECKLIST FOR ARCHAEOLOGY...........................................................................................................34 12 CHECKLIST FOR SURFACE WATER .......................................................................................................36 13 CHECKLIST FOR AIR ...................................................................................................................................42 14 CHECKLIST FOR NON FACTOR-SPECIFIC CONSIDERATIONS .......................................................44

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1 INTRODUCTION

The intent of this checklist is to allow project participants (MTO staff, consultants, Regulatory Agencies and the public) to review project environmental assessment process documentation to ensure that all potential impacts have been identified and adequately addressed. The checklist includes sections on both general project activities and compliance. In addition to the other Environmental Protection Requirements (see the checklists in other sections of the User Guide), transportation facilities located in Designated Areas shall, comply with the Environmental Protection Requirements for Designated Areas. The following checklists include summaries of the applicable Environmental Protection Requirements. The letters and number, for example ORM-2, are the reference to a specific Environmental Protection Requirement in MTO’s Environmental Protection Requirements for Transportation Planning and Highway Design, Construction, and Operation and Maintenance. Please refer to that document for a complete list and wording of the Environmental Protection Requirements. Checklists for Designated areas have been provided by environmental factor. Each factor-specific checklist includes the compliance requirements for:

• Oak Ridges Moraine • Niagara Escarpment • Greenbelt Plan Area • Others areas

To complete the checklist:

1. Review compliance requirement. 2. Determine, if it applies to the project (yes or no), and complete the “applies”

column. 3. If it applies, then check the document(s) in which the project activity or

compliance requirement has been documented. 4. If the compliance requirement applies but will be addressed / documented in the

future, then check the “Future Commitment” column.

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2 CHECKLIST FOR FISH AND FISH HABITAT

Documented in:

Compliance Requirement for Fish and Fish Habitat within Designated Areas

App

lies

(Y/N

)

Con

stra

ints

and

O

ppor

tuni

ties

Map

Exi

stin

g C

ondi

tions

R

epor

t

Impa

ct A

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smen

t R

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t

Pro

ject

Not

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tion

Form

1 “N

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AD

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Pro

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Not

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Form

2 “H

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/ Pla

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OAK RIDGES MORAINE: COMPLIANCE

General 1. Was the need to address the Oak Ridges

Moraine EPRs identified in the Request for Proposals?

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

2. Was the need to address Oak Ridges Moraine EPRs identified during the course of the project?

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements4

ORM-1,2,3

3. Maintain and, where possible, improve or restore the health, diversity, size and connectivity for the feature and the related ecological functions.

1 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 2 Transportation Environmental Study Report including amendments 3 Design Construction Report including amendments 4 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

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Documented in:

Compliance Requirement for Fish and Fish Habitat within Designated Areas

App

lies

(Y/N

)

Con

stra

ints

and

O

ppor

tuni

ties

Map

Exi

stin

g C

ondi

tions

R

epor

t

Impa

ct A

sses

smen

t R

epor

t

Pro

ject

Not

ifica

tion

Form

1 “N

o H

AD

D”

Pro

ject

Not

ifica

tion

Form

2 “H

AD

D”

Com

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atio

n S

trate

gy

/ Pla

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Mon

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File

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NIAGARA ESCARPMENT: COMPLIANCE

General 4. Was the need to address Niagara Escarpment

EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 5. Was the need to address Niagara Escarpment

EPRs identified during the course of the project?

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

NE-2 6. Determine the location and significance of and

assess the impacts to unique fish and fish habitat areas.

NE-2 7. All new and expanded transportation facilities

must be located and designed to minimize the impact on the Escarpment environment.

NE-20 8. Achieve net gain/no net loss of productive capacity of fish habitat.

NE-20 9. Maintenance of minimum baseflow of watercourses.

NE-20 10. Maintenance of existing watercourses in a healthy, natural state.

NE-20 11. Maintenance of vegetative buffers in

accordance with the sensitivity of the fishery resource and development criteria.

NE-20 12. Best available construction and management

practices are used to protect water quality and quantity, both during and after construction.

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Documented in:

Compliance Requirement for Fish and Fish Habitat within Designated Areas

App

lies

(Y/N

)

Con

stra

ints

and

O

ppor

tuni

ties

Map

Exi

stin

g C

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tions

R

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Pro

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Not

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Form

1 “N

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NE-14 13. Construction in or across a watercourse should

be appropriately timed to minimize impacts on fish and fish habitat

GREENBELT: COMPLIANCE

General 14. Was the need to address Greenbelt EPRs

identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

15. Was the need to address the Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

GB-6 16. Maintain a 30 metre wide (minimum) vegetation protection zone for fish habitat.

17. For new transportation infrastructure within 120 m of fish habitat in the Natural Heritage System of the Protected Countryside Area, establish a vegetation protection zone that:

(a) Is of sufficient width to protect the fish habitat and its functions from the impacts, and where possible, restore or enhance the feature and/or its function.

GB-6

(b) Is established to achieve, and be maintained as natural self-sustaining vegetation.

Page 393: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

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Dec-06 Page 8 of 46

Documented in:

Compliance Requirement for Fish and Fish Habitat within Designated Areas

App

lies

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)

Con

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and

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OTHER DESIGNATED AREA: COMPLIANCE

General 18. Was the need to address EPRs for other

designated areas identified in the Request for Proposals?

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

19. Was the need to address EPRs for other designated areas identified during the course of the project?

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 20. Identify and integrate information on designated areas as a key factor.

DA-3 21. Consider the specific features and functions of designated areas that make them unique.

DA-4 22. Comply with the relevant policy requirements of the approved management plans.

DA-5 23. Avoid Designated Areas.

24. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts.

(c) Maintain access to Designated Areas (i.e. trail or roadway access).

DA-5

(d) Provide buffers adjacent to Designated Areas.

Page 394: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

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Dec-06 Page 9 of 46

3 CHECKLIST FOR WETLANDS

Documented in:

Compliance Requirement for Wetlands within Designated Areas

App

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)

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OAK RIDGES MORAINE: COMPLIANCE General

1. Was the need to address Oak Ridges Moraine EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to address Oak Ridges Moraine EPRs identified

during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements8

ORM-1,2,3 3. Determine wetlands (i.e., Key Natural Heritage Feature).

ORM-1,2,3 4. Maintain and, where possible, improve or restore the health,

diversity, size and connectivity for the feature and the related ecological functions.

5 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 6 Transportation Environmental Study Report including amendments 7 Design Construction Report including amendments 8 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 395: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 10 of 46

Documented in:

Compliance Requirement for Wetlands within Designated Areas

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NIAGARA ESCARPMENT: COMPLIANCE

General

5. Was the need to address Niagara Escarpment EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

6. Was the need to address Niagara Escarpment EPRs identified

during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

NE-2 7. Determine the location and significance of and assess the impacts to wetlands (i.e., Key Natural Heritage Features).

NE-14 8. Construction in or across a wetland should be appropriately timed to minimize impacts on wildlife habitat.

NE-17 9. Wetlands including a set back set by the Niagara Escarpment Commission should be avoided.

NE-18 10. The set-back should be a natural vegetated buffer. 11. Highways may be located and constructed adjacent to wetlands

provided it does not result in any of the following:

(a) Loss of water quality.

(b) Loss of wetland functions. (c) Conflict with existing site-specific wetland management

practices.

NE-19

(d) Loss of contiguous wetland area.

NE-22

12. Storm water management ponds must be designed and located to avoid streams, wetlands, Areas of Natural and Scientific Interest (Life Science), source areas, Escarpment slopes and significant watercourses.

NE-24 13. Natural vegetative buffers should be maintained or established.

Page 396: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 11 of 46

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Compliance Requirement for Wetlands within Designated Areas

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GREENBELT: COMPLIANCE

General 14. Was the need to address Greenbelt EPRs identified in the Request

for Proposals? N/A N/A N/A N/A N/A N/A

15. Was the need to address Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

GB-2 16. Maintain the linkages between ecosystems and provincial parks or public lands.

GB-2 17. Maintain the network of countryside and open space areas which support the Oak Ridges Moraine and the Niagara Escarpment.

GB-2 18. Maintain or restore and improve as practical, linkages between ecosystems and provincial parks or public lands.

GB-2 19. Ensure that the development of transportation infrastructure proceeds in an environmentally sensitive manner.

GB-5 20. In the Protected Countryside Areas, identify, determine significance, and assess impacts to wetlands.

GB-5 21. Minimize the amount of the Greenbelt, and in particular the Natural Heritage System, that is traversed and/or occupied.

GB-5 22. Include illumination in the assessment of impacts.

GB-5 23. Include road salt in the assessment of impacts.

GB-5 24. Maintain the network of countryside and open space areas that support the Oak Ridges Moraine and the Niagara Escarpment.

GB-5 25. Maintain the connections between lakes and the Oak Ridges Moraine and Niagara Escarpment.

GB-8 26. Protect aquatic species and their habitat.

Page 397: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 12 of 46

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Compliance Requirement for Wetlands within Designated Areas

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OTHER DESIGNATED AREA: COMPLIANCE

General 27. Was the need to address other EPRs for designated areas identified

in the Request for Proposals? N/A N/A N/A N/A N/A N/A

28. Was the need to address other EPRs for designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 29. Identify and integrate information on designated areas as a key factor.

DA-3 30. Consider the specific features and functions of designated areas that make them unique.

DA-4 31. Comply with the relevant policy requirements of the approved management plans.

DA-5 32. Avoid Designated Areas.

33. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts. (c) Maintain access to Designated Areas (i.e. trail or roadway

access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 398: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 13 of 46

4 CHECKLIST FOR WOODLANDS AND OTHER VEGETATED AREAS

Documented in:

Compliance Requirement for Woodlands and Other Vegetated Areas within Designated Areas

App

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Plan

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OAK RIDGES MORAINE: COMPLIANCE

General 1. Was the need to assess Oak Ridges Moraine EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements12

3. Determine key Natural Heritage Features (including the following):

(a) Significant valleylands.

(b) Significant woodlands.

(c) Areas of natural and scientific interest (life science).

ORM-1,2,3, 12, 19 & 20

(d) Vegetation Protection Zones.

ORM-20 4. Minimize the removal of vegetation, grading and soil compaction.

ORM-1 5. Maintain and, where possible, improve or restore the health, diversity,

size and connectivity for the feature and the related ecological functions.

9 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 10 Transportation Environmental Study Report including amendments 11 Design Construction Report including amendments 12 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 399: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 14 of 46

Documented in:

Compliance Requirement for Woodlands and Other Vegetated Areas within Designated Areas

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ORM-1 6. In Natural Core Areas and Countryside Areas: maintain or restore natural self-sustaining vegetation and wildlife habitat.

ORM-2 7. In Natural Linkage Areas: maintain, and where possible improve or

restore natural self-sustaining vegetation over large parts of the area to facilitate movement of plants and animals.

NIAGARA ESCARPMENT: COMPLIANCE

General 8. Was the need to assess Niagara Escarpment EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A

9. Was the need to assess Niagara Escarpment EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements 10. Determine the location and significance of and assess the impacts to

Key Natural Heritage Features:

(a) Significant valleylands.

(b) Significant woodlands. NE-2,4,27

to 29

(c) Significant portions of the habitat of endangered, rare and threatened species.

NE-2 11. All new and expanded transportation facilities must be located and designed to minimize the impact on the Escarpment environment.

NE-27 12. Minimize disturbance of wooded areas.

NE-30 13. New highways are not permitted in identified habitat of endangered (regulated) plant species.

NE-28 14. Protect retained trees during construction (e.g. with snow fencing, wrapping or other acceptable means).

NE-29 15. Maintain existing tree cover or other stabilizing vegetation on slopes in excess of 25 per cent (1 in 4 slope).

NE-30 16. New highways are not permitted in identified habitat of endangered (regulated) plant species.

Page 400: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 15 of 46

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Compliance Requirement for Woodlands and Other Vegetated Areas within Designated Areas

App

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)

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GREENBELT: COMPLIANCE

General 17. Was the need to assess Greenbelt EPRs identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

18. Was the need to assess Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

19. In the Protected Countryside Areas, identify, determine significance, and assess impacts key to key natural heritage features including:

(a) Significant habitat of endangered species, threatened species and special concern species.

(b) Significant valleylands.

(c) Significant woodlands.

(d) Sand barrens, savannahs and tallgrass prairies.

GB-5 to 8

(e) Alvars.

GB-5 20. Include illumination in the assessment of impacts.

GB-5 21. Include road salt in the assessment of impacts.

GB-2 22. Maintain the network of countryside and open space areas that supports the Oak Ridges Moraine and the Niagara Escarpment

GB-2 23. Maintain the connections between lakes and the Oak Ridges Moraine and Niagara Escarpment.

GB-2 24. Maintain the linkages between ecosystems and provincial parks or public lands.

GB-6 25. Within the Natural Heritage System, maintain a minimum vegetation

protection zone for significant woodlands of 30 metres wide measured from the outside boundary of the feature.

Page 401: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 16 of 46

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Compliance Requirement for Woodlands and Other Vegetated Areas within Designated Areas

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GB-6 26. Provide a vegetation protection zone within 120 m of a key natural

heritage features in the Natural Heritage System of the Protected Countryside.

OTHER DESIGNATED AREA: COMPLIANCE

General 27. Was the need to assess EPRs for other designated areas identified in

the Request for Proposals? N/A N/A N/A N/A N/A N/A

28. Was the need to assess EPRs for other designated identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 29. Identify and integrate information on designated areas as a key factor.

DA-3 30. Consider the specific features and functions of designated areas that make them unique.

DA-4 31. Comply with the relevant policy requirements of the approved management plans.

DA-5 32. Avoid Designated Areas.

33. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts. (c) Maintain access to Designated Areas (i.e. trail or roadway

access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 402: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 17 of 46

5 CHECKLIST FOR WILDLIFE HABITAT AND MOVEMENTS

Documented in:

Compliance Requirement for Wildlife Habitat and Movements within Designated Areas

App

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Plan

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OAK RIDGES MORAINE: COMPLIANCE

General 1. Was the need to assess Oak Ridges Moraine EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements16

ORM-1,2,3, 12,

3. Protect significant portions of the habitat of endangered, rare and threatened species.

ORM-11 4. Facilitate wildlife movement.

ORM-1 5. Maintain and, where possible, improve or restore the health, diversity, size and connectivity for the feature and the related ecological functions.

6. In Natural Core Areas: (a) Maintain or restore natural self-sustaining vegetation and wildlife

habitat. ORM-9

(b) Design lighting to minimize intrusion into Natural Core Areas.

13 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 14 Transportation Environmental Study Report including amendments 15 Design Construction Report including amendments 16 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 403: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 18 of 46

Documented in:

Compliance Requirement for Wildlife Habitat and Movements within Designated Areas

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7. In Natural Linkage Areas: (a) Maintain, and where possible improve or restore natural self-

sustaining vegetation over large parts of the area to facilitate movement of plants and animals.

ORM-2

(b) Maintain a natural continuous east-west connection and additional connections to river valleys and streams north and south of the Plan Area.

ORM-9 8. In Countryside Areas: Maintain or restore natural self-sustaining vegetation and wildlife habitat.

NIAGARA ESCARPMENT: COMPLIANCE

General 9. Was the need to assess Niagara Escarpment EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 10. Was the need to assess Niagara Escarpment EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements 11. Determine the location and significance of and assess the impacts to the

following Key Natural Heritage Features:

(a) Significant portions of the habitat of endangered, rare and threatened species.

(b) Significant valleylands.

NE-2, 29 & 30

(c) Significant wildlife habitat.

NE-30 12. New highways are not permitted in identified habitat of endangered (regulated) animal species.

NE-31 13. Minimize the impacts upon wildlife habitat, in particular, habitats of

endangered (not regulated), rare, special concern, and threatened plant or animal species, as identified by on-site evaluation.

NE-31 14. Maintain wildlife corridors and linkages with adjacent areas.

Page 404: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 19 of 46

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NE-14 15. Time construction in or across a watercourse or wetland to minimize impacts on fish and wildlife habitat.

GREENBELT: COMPLIANCE

General 16. Was the need to assess Greenbelt EPRs identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

17. Was the need to assess Greenbelt EPRs during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

18. In the Protected Countryside Areas, identify, determine significance, and assess impacts to Key Natural Heritage Features including:

(a) The network of countryside and open space areas that supports the Oak Ridges Moraine and the Niagara Escarpment

(b) The connections between lakes and the Oak Ridges Moraine and Niagara Escarpment.

GB-2

(c) The linkages between ecosystems and provincial parks or public lands.

19. In the Protected Countryside Areas, identify, determine significance, and assess impacts to key natural heritage features including:

(a) Significant habitat of endangered species, threatened species and special concern species.

(b) Significant valleylands.

(c) Significant woodlands.

GB-5 to 8

(d) Significant wildlife habitat.

GB-5 20. Include illumination in the assessment of impacts.

GB-5 21. Include road salt in the assessment of impacts.

Page 405: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

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OTHER DESIGNATED AREA: COMPLIANCE

General 22. Was need to assess Greenbelt EPRs other designated areas identified

in the Request for Proposals? N/A N/A N/A N/A N/A N/A

23. Was the need to assess Greenbelt EPRs other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 24. Identify and integrate information on designated areas as a key factor.

DA-3 25. Consider the specific features and functions of designated areas that make them unique.

DA-4 26. Comply with the relevant policy requirements of the approved management plans.

DA-5 27. Avoid Designated Areas.

28. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts.

(c) Maintain access to Designated Areas (i.e. trail or roadway access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 406: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 21 of 46

6 CHECKLIST FOR GROUNDWATER

Documented in:

Compliance Requirement for Groundwater within Designated Areas

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OAK RIDGES MORAINE: COMPLIANCE

General

1. Was the need to assess Oak Ridges Moraine EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements20

3. Identify the following Hydrologically-sensitive features:

(a) Permanent and intermittent streams

(b) Wetlands

(c) Kettle lakes

ORM-1,2,3,6

25, 26 & 27

(d) Seepage areas and springs

17 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 18 Transportation Environmental Study Report including amendments 19 Design Construction Report including amendments 20 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 407: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 22 of 46

Documented in:

Compliance Requirement for Groundwater within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

18

DC

R19

Con

trac

t

Futu

re

Com

mitm

ent17

4. In Natural Core Areas and Natural Linkage Areas:

(a) Maintain and, where possible, improve or restore the health, diversity, size and connectivity for the feature and the related ecological functions.

ORM-1,

2

(b) Maintain the quantity and quality of groundwater; and recharge

5. The following uses are prohibited in wellhead protection areas: (a) Storage of petroleum fuels, solvents, construction equipment,

inorganic fertilizers, road salt and Severely Toxic Contaminants, etc.

(b) Generation and storage of hazardous waste or liquid industrial waste.

ORM-26

(c) Snow storage and disposal facilities. 6. The following uses are prohibited in areas of “high aquifer vulnerability”

as shown on the map entitled Reference Map for Ontario Regulation 140/02.

(a) Generation and storage of hazardous waste or liquid industrial waste.

(b) Snow storage and disposal facilities.

ORM-26

(c) Underground and above-ground storage tanks that are not equipped with an approved secondary containment device.

ORM-27 7. Highways that will be used to transport chemicals or volatile materials

should be planned and designed to avoid wellhead protection areas and areas of high aquifer vulnerability.

NIAGARA ESCARPMENT: COMPLIANCE

General 8. Was the need to assess Niagara Escarpment EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 9. Was the need to assess Niagara Escarpment EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A

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Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 23 of 46

Documented in:

Compliance Requirement for Groundwater within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

18

DC

R19

Con

trac

t

Futu

re

Com

mitm

ent17

Environmental Protection Requirements 10. Identify and determine the significance of groundwater to and assess the

impacts to hydrologically sensitive features:

(a) Permanent and intermittent streams

(b) Seepage areas and springs

(c) Wetlands

(d) Baseflow to watercourses

NE-1, 2, 13, 17

11. In the Protected Countryside Areas, identify, determine significance, and assess impacts to Key Hydrologic Features including seepage areas and springs.

GREENBELT: COMPLIANCE

General 12. Was the need to assess Greenbelt EPRs identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

13. Was the need to assess Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

14. Avoid, minimize and/or mitigate:

(a) Potential groundwater pollution problems.

(b) Impacts to hydrologically sensitive features including:

i. Permanent and intermittent streams.

ii. Seepage areas and springs.

iii. Wetlands.

GB-8

iv. Baseflow to watercourses with significant fish habitat.

Page 409: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 24 of 46

Documented in:

Compliance Requirement for Groundwater within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Gro

undw

ater

R

epor

t

TESR

18

DC

R19

Con

trac

t

Futu

re

Com

mitm

ent17

OTHER DESIGNATED AREA: COMPLIANCE

General 15. Was the need to assess EPRs for other designated areas identified in

the Request for Proposals? N/A N/A N/A N/A N/A N/A

16. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 17. Identify and integrate information on designated areas as a key factor.

DA-3 18. Consider the specific features and functions of designated areas that make them unique.

DA-4 19. Comply with the relevant policy requirements of the approved management plans.

DA-5 20. Avoid Designated Areas.

21. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts.

(c) Maintain access to Designated Areas (i.e. trail or roadway access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 410: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 25 of 46

7 CHECKLIST FOR LAND USE

Documented in:

Compliance Requirement for Land Use within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Land

Use

R

epor

t

TESR

22

DC

R23

Con

trac

t

Futu

re

Com

mitm

ent21

OAK RIDGES MORAINE: COMPLIANCE

General

1. Was the need to assess Oak Ridges Moraine EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs Oak Ridges

Moraine identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements24

3. In Countryside Areas:

(a) Protect prime agricultural areas. (b) Provide for the continuation of agricultural and other rural land

uses and normal farm practices.

(c) Maintain the rural character of the Rural Settlements (d) Accommodate a trail system through the Plan Area and trail

connections to it

(e) Maintain, and where possible improve or restore, key ecological and recreational linkages, including the ORM recreational trail system.

ORM-3 & 16

(f) Provide for compatible economic development.

21 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 22 Transportation Environmental Study Report including amendments 23 Design Construction Report including amendments 24 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 411: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 26 of 46

Documented in:

Compliance Requirement for Land Use within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Land

Use

R

epor

t

TESR

22

DC

R23

Con

trac

t

Futu

re

Com

mitm

ent21

NIAGARA ESCARPMENT: COMPLIANCE

General 4. Was the need to assess Niagara Escarpment EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 5. Was the need to assess Niagara Escarpment EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

NE-1 6. Protect unique historic areas.

7. Avoid or minimize the impacts on parks, open space and the Bruce Trail.

8. Where impacts to the Bruce Trail cannot be avoided, an acceptable, safe alternative shall be provided.

NE-2, 10 & 20 9. Maintain or, wherever practicable, improve public access to fishery

resource areas.

GREENBELT: COMPLIANCE

General 10. Was the need to assess Greenbelt EPRs identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

11. Was the need to assess Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

12. For agricultural land use:

(a) Identify, determine significance, and assess impacts to: i. The countryside, rural and small towns with respect to their

contribution to the economic viability of farming communities. GB-2,

3 ii. Prime Agricultural Areas.

GB-5 (b) Include illumination in the assessment of impacts

GB-5 (c) Include road salt in the assessment of impacts.

Page 412: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 27 of 46

Documented in:

Compliance Requirement for Land Use within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Land

Use

R

epor

t

TESR

22

DC

R23

Con

trac

t

Futu

re

Com

mitm

ent21

13. For recreational land use:

GB-2

(a) Identify, determine significance, and assess impacts for recreational linkages network of countryside and open space areas which support the Oak Ridges Moraine and the Niagara Escarpment.

GB-5 (b) Include illumination in the assessment of impacts.

GB-5 (c) Include road salt in the assessment of impacts.

14. For commercial, industrial & tourism land uses: (a) In the Protected Countryside, including Prime Agricultural Areas,

Identify, determine significance, and how the transportation facility supports either:

i. Tourism.

ii. Resource Use. iii. Rural Economic Activity that exists and is permitted within the

Greenbelt.

GB-3, 4 and

5

iv. Growth and economic development expected in southern Ontario beyond the Greenbelt through infrastructure connections among urban growth centres and between these centres and Ontario’s borders.

GB-5 (b) Include illumination in the assessment of impacts

GB-5 (c) Include road salt in the assessment of impacts.

OTHER DESIGNATED AREA: COMPLIANCE

General 15. Was the need to assess EPRs for other designated areas identified in

the Request for Proposals? N/A N/A N/A N/A N/A N/A

16. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

Page 413: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 28 of 46

Documented in:

Compliance Requirement for Land Use within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Land

Use

R

epor

t

TESR

22

DC

R23

Con

trac

t

Futu

re

Com

mitm

ent21

Environmental Protection Requirements

DA-2 17. Identify and integrate information on designated areas as a key factor.

DA-3 18. Consider the specific features and functions of designated areas that make them unique.

DA-4 19. Comply with the relevant policy requirements of the approved management plans.

DA-5 20. Avoid Designated Areas.

21. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts.

(c) Maintain access to Designated Areas (i.e. trail or roadway access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 414: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 29 of 46

8 CHECKLIST FOR NOISE

Documented in:

Compliance Requirement for Noise within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Noi

se R

epor

t

TESR

26

DC

R27

Con

trac

t

Futu

re

Com

mitm

ent25

OAK RIDGES MORAINE: COMPLIANCE

General

1. Was the need to assess Greenbelt EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Greenbelt EPRs identified during the course

of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements28

GB-3 and 5

3. In the Protected Countryside, including Prime Agricultural Areas, minimize negative impacts and disturbance of the existing landscape caused by noise.

OTHER DESIGNATED AREA: COMPLIANCE

General

4. Was the need to assess EPRs for other designated areas identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

5. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

25 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 26 Transportation Environmental Study Report including amendments 27 Design Construction Report including amendments 28 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 415: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 30 of 46

Documented in:

Compliance Requirement for Noise within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

Noi

se R

epor

t

TESR

26

DC

R27

Con

trac

t

Futu

re

Com

mitm

ent25

Environmental Protection Requirements

DA-2 6. Identify and integrate information on designated areas as a key factor.

DA-3 7. Consider the specific features and functions of designated areas that make them unique.

DA-4 8. Comply with the relevant policy requirements of the approved management plans.

DA-5 9. Avoid Designated Areas.

10. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts. (c) Maintain access to Designated Areas (i.e. trail or roadway

access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 416: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 31 of 46

9 CHECKLIST FOR CONTAMINATED PROPERTY

Documented in:

Compliance Requirement for Contaminated Property within Designated Areas

App

lies

(Y/N

)

Con

tam

inat

ion

Ove

rvie

w S

tudy

Pr

elim

inar

y Si

te

Scre

enin

g Ph

ase

One

En

viro

nmen

tal

Site

Ass

essm

ent

Phas

e Tw

o En

viro

nmen

tal

Site

Ass

essm

ent

Scre

enin

g Le

vel

Ris

k Ev

alua

tion

Man

agem

ent

Doc

umen

ts

TESR

29

DC

R30

Con

trac

t

Futu

re

Com

mitm

ent31

COMPLIANCE

THERE ARE NO ADDITIONAL ENVIRONMENTAL PROTECTION REQUIREMENTS FOR CONTAMINATED PROPERTY IN DESIGNATED AREAS.

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

29 Transportation Environmental Study Report including amendments 30 Design Construction Report including amendments 31 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage)

Page 417: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 32 of 46

10 CHECKLIST FOR BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES

Documented in:

Compliance Requirement for Built Heritage and Cultural Heritage Landscapes within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

BH

CH

L R

epor

t

TESR

33

DC

R34

Con

trac

t

Futu

re

Com

mitm

ent32

OAK RIDGES MORAINE: COMPLIANCE

General 1. Was the need to assess Oak Ridges Moraine EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements35

ORM-3 3. In Countryside Areas, maintain the rural character of the Rural Settlements.

NIAGARA ESCARPMENT: COMPLIANCE

General 4. Was the need to assess Niagara Escarpment EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 5. Was the need to assess Niagara Escarpment EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A

32 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 33 Transportation Environmental Study Report including amendments 34 Design Construction Report including amendments 35 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 418: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 33 of 46

Documented in:

Compliance Requirement for Built Heritage and Cultural Heritage Landscapes within Designated Areas

App

lies

(Y/N

)

Plan

ning

D

ocum

ents

BH

CH

L R

epor

t

TESR

33

DC

R34

Con

trac

t

Futu

re

Com

mitm

ent32

Environmental Protection Requirements

NE-2 6. Maintain and enhance the open landscape of the Niagara Escapement by preserving the natural scenery.

NE-1 7. Identify and determine the significance of and assess the impacts to unique historic areas.

NE-9 8. Minimize the visual impact of highways including structures and facilities.

OTHER DESIGNATED AREA: COMPLIANCE

General 9. Was the need to assess EPRs for other designated areas identified in

the Request for Proposals? N/A N/A N/A N/A N/A N/A

10. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 11. Identify and integrate information on designated areas as a key factor.

DA-3 12. Consider the specific features and functions of designated areas that make them unique.

DA-4 13. Comply with the relevant policy requirements of the approved management plans.

DA-5 14. Avoid Designated Areas.

15. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts.

(c) Maintain access to Designated Areas (i.e. trail or roadway access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 419: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 34 of 46

11 CHECKLIST FOR ARCHAEOLOGY

Documented in:

Compliance Requirement for Archaeology within Designated Areas

App

lies

(Y/N

)

Stag

e 1

Rep

ort

Stag

e 2

Rep

ort

Stag

e 3

Rep

ort

Stag

e 4

Rep

ort

TESR

37

DC

R38

Con

trac

t

Futu

re

Com

mitm

ents

36

OTHER DESIGNATED AREA: COMPLIANCE

General

1. Was the need to assess EPRs for other designated areas identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A

2. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements39

DA-2 3. Identify and integrate information on designated areas as a key factor.

DA-3 4. Consider the specific features and functions of designated areas that make them unique.

DA-4 5. Comply with the relevant policy requirements of the approved management plans.

DA-5 6. Avoid Designated Areas.

36 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 37 Transportation Environmental Study Report including amendments 38 Design Construction Report including amendments 39 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 420: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 35 of 46

Documented in:

Compliance Requirement for Archaeology within Designated Areas

App

lies

(Y/N

)

Stag

e 1

Rep

ort

Stag

e 2

Rep

ort

Stag

e 3

Rep

ort

Stag

e 4

Rep

ort

TESR

37

DC

R38

Con

trac

t

Futu

re

Com

mitm

ents

36

7. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts.

(c) Maintain access to Designated Areas (i.e. trail or roadway access).

DA-5

(d) Provide buffers adjacent Designated Areas.

Page 421: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 36 of 46

12 CHECKLIST FOR SURFACE WATER

Documented in:

Compliance Requirement for Surface Water within Designated Areas

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

inag

e M

osai

c Ex

istin

g C

ondi

tions

Brie

f D

rain

age

and

Stor

m w

ater

M

anag

emen

t R

epor

t

TESR

41

DC

R42

Con

trac

t

Futu

re

Com

mitm

ents

40

OAK RIDGES MORAINE: COMPLIANCE

General 1. Was the need to assess Oak Ridges Moraine EPRs identified in

the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements43

ORM-1 3. Maintain the quantity and quality of surface water.

ORM-4 4. Be consistent with Municipal watershed plans.

5. All stormwater management plans shall have the objective of: (a) Maintaining groundwater quantity and flow and stream

baseflow.

(b) Protecting water quality.

(c) Protecting aquatic species and their habitat.

(d) Preventing increases in stream channel erosion.

ORM-7

(e) Preventing any increase in flood risk.

40 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 41 Transportation Environmental Study Report including amendments 42 Design Construction Report including amendments 43 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 422: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 37 of 46

Documented in:

Compliance Requirement for Surface Water within Designated Areas

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

inag

e M

osai

c Ex

istin

g C

ondi

tions

Brie

f D

rain

age

and

Stor

m w

ater

M

anag

emen

t R

epor

t

TESR

41

DC

R42

Con

trac

t

Futu

re

Com

mitm

ents

40

6. Highway surface water conveyance and management works shall be designed and constructed to:

(a) Keep any adverse effects on the ecological integrity to a minimum.

(b) Maintain the ecological integrity of hydrological features, key natural heritage features and related vegetation protection zones.

(c) Maintain the quantity and quality of groundwater and surface water.

(d) Maintain stream baseflows.

(e) Protect aquatic species and their habitat.

(f) Prevent increases in stream channel erosion.

(g) Prevent any increase in flood risk.

ORM-19

(h) Be consistent with the applicable watershed plan, water budget and conservation plan.

ORM-19

7. Surface water conveyance and management systems should integrate a variety of measures to form a “treatment train” that provides a total, long-term suspended solids removal efficiency of at least 80 percent.

ORM-22 8. The disposal of stormwater into kettle lakes is strictly prohibited.

ORM-23 9. Stormwater management ponds must not be located in key

natural heritage features and hydrologically sensitive features or related vegetation protection zones.

ORM-24 10. Rapid infiltration basins and/or columns are strictly prohibited.

Page 423: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 38 of 46

Documented in:

Compliance Requirement for Surface Water within Designated Areas

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

ditio

ns

Dra

inag

e M

osai

c Ex

istin

g C

ondi

tions

Brie

f D

rain

age

and

Stor

m w

ater

M

anag

emen

t R

epor

t

TESR

41

DC

R42

Con

trac

t

Futu

re

Com

mitm

ents

40

NIAGARA ESCARPMENT: COMPLIANCE

General

11. Was Niagara Escarpment identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A 12. Was Niagara Escarpment identified during the course of the

project? N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

NE-1, 2, 12, 13,

15, 19 & 21 to 24

13. Identify and determine the significance of and assess the impacts to the natural drainage features including permanent and intermittent streams. The assessment of impacts shall include the affects to water supplies, downstream water quality, quantity, adjacent lands and riparian rights.

NE-1 14. Maintain and enhance the quality and character of natural streams and water supplies.

NE-2 15. Minimize the impact on the Escarpment environment.

NE-12 16. Changes to the natural drainage should be avoided.

NE-13 17. Detail through appropriate studies, the detrimental effects and

how they will be minimized where a potential ground or surface water pollution problem exists.

NE-15

18. Demonstrate that water taking or stream diversions are an essential part of construction and are of a scale and intensity that will not adversely affect water quality, quantity and the Escarpment environment. Justify the need and amount of water taking and/or diversions and to mitigate impact on the Escarpment environment.

NE-22

19. Locate and design storm water management ponds to avoid streams, wetlands, Areas of Natural and Scientific Interest (Life Science), source areas, Escarpment slopes and significant watercourses.

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Documented in:

Compliance Requirement for Surface Water within Designated Areas

App

lies

(Y/N

)

Hyd

rolo

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epor

ts

Exis

ting

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Dra

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NE-23 20. Consider the water resource management policies/activities of the

Ministry of Environment, Ministry of Natural Resources and Conservation Authority.

NE-24 21. Maintain or establish natural vegetative buffers.

NE-25 22. Do not adversely affect downstream water quality, quantity, adjacent lands and riparian rights.

NE-26 23. Design storm water management ponds to be off-stream with bottom draw-off control structures.

GREENBELT: COMPLIANCE

General 24. Was the need to assess Greenbelt EPRs identified in the Request

for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A 25. Was the need to assess Greenbelt EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Compliance Requirements 26. Identify, determine significance, and assess impacts to Key

Hydrologic Features including:

(a) Permanent and intermittent streams.

(b) Lakes (and their littoral zones). GB-2 and 5

(c) The assessment of impacts should include but is not limited to impacts caused by road salt.

GB-6 27. Within the Natural Heritage System, maintain a minimum

vegetation protection zone for significant woodlands of 30 metres wide measured from the outside boundary of the feature.

GB-6 28. Provide a vegetation protection zone within 120 m of a key natural

heritage features in the Natural Heritage System of the Protected Countryside.

Page 425: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 40 of 46

Documented in:

Compliance Requirement for Surface Water within Designated Areas

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

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Con

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Dra

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GB-7

29. Storm water management ponds are prohibited in key hydrologic features or their vegetation protected zones in the Protected Countryside, including the Prime Agricultural Areas, except for the major river valleys that connect the Niagara Escarpment and Oak Ridges Moraine to Lake Ontario.

GB-7

30. Naturalized stormwater management ponds are permitted at a minimum of 30 metres away from the edge of the river/stream and in the vegetation protection zones of any abutting Key Natural Heritage Features or Key Hydrologic Features in hydrologic features or their vegetation protected zones in the Protected Countryside, including the Prime Agricultural Areas as long as they are within major river valleys that connect the Niagara Escarpment and Oak Ridges Moraine to Lake Ontario.

GB-7

31. Storm water management ponds are prohibited in key hydrologic features or their vegetation protected zones in the Protected Countryside, including the Prime Agricultural Areas, except for the major river valleys that connect the Niagara Escarpment and Oak Ridges Moraine to Lake Ontario. In these areas, naturalized stormwater management ponds are permitted at a minimum of 30 metres away from the edge of the river/stream and in the vegetation protection zones of any abutting key natural heritage features or key hydrologic features.

32. In the Protected Countryside Areas, stormwater management plans must avoid, minimize and/or mitigate stormwater volume, contaminant loads and impacts to receiving water courses in order to:

(a) Maintain groundwater quality and flow and stream baseflow.

(b) Protect water quality.

GB-8

(c) Minimize the disruption of pre-existing (natural) drainage patterns wherever possible.

Page 426: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 41 of 46

Documented in:

Compliance Requirement for Surface Water within Designated Areas

App

lies

(Y/N

)

Hyd

rolo

gy R

epor

ts

Exis

ting

Con

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Dra

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(d) Prevent increases in stream channel erosion.

(e) Prevent any increase in flood risk.

(f) Protect aquatic species and their habitat.

OTHER DESIGNATED AREA: COMPLIANCE

General

33. Was the need to assess EPRs for other designated areas identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A N/A N/A

34. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 35. Identify and integrate information on designated areas as a key factor.

DA-3 36. Consider the specific features and functions of designated areas that make them unique.

DA-4 37. Comply with the relevant policy requirements of the approved management plans.

DA-5 38. Avoid Designated Areas.

39. Where avoidance was not possible:

(a) Minimize the extent of intrusion.

(b) Minimize visual impacts. (c) Maintain access to Designated Areas (i.e. trail or roadway

access).

DA-5

(d) Provide buffers adjacent Designated Areas.

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Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 42 of 46

13 CHECKLIST FOR AIR

Note: The Environmental Protection Requirements and implementation approaches for air are being developed in consultation with provincial and federal government stakeholder agencies. The following checklist will be updated as this information becomes available.

Documented in:

Compliance Requirements for Air within Designated Areas

App

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GREENBELT: COMPLIANCE

General

1. Was the need to assess Greenbelt EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements47

GB-3 & 5

3. In the Protected Countryside, including Prime Agricultural Areas, minimize negative impacts and disturbance of the existing landscape caused by dust.

OTHER DESIGNATED AREA: COMPLIANCE

General

4. Was the need to assess EPRs for other designated areas identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

44 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 45 Transportation Environmental Study Report including amendments

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Dec-06 Page 43 of 46

Documented in:

Compliance Requirements for Air within Designated Areas

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5. Was the need to assess EPRs for other designated areas identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

DA-2 6. Identify and integrate information on designated areas as a key factor.

DA-3 7. Consider the specific features and functions of designated areas that make them unique.

DA-4 8. Comply with the relevant policy requirements of the approved management plans.

DA-5 9. Avoid Designated Areas.

46 Design Construction Report including amendments 47 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 429: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 44 of 46

14 CHECKLIST FOR NON FACTOR-SPECIFIC CONSIDERATIONS

Documented in:

Compliance Requirement for Non Factor-Specific Considerations within Designated Areas

App

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OAK RIDGES MORAINE: COMPLIANCE

General

1. Was the need to assess Oak Ridges Moraine EPRs identified in the Request for Proposals? N/A N/A N/A N/A N/A N/A

2. Was the need to assess Oak Ridges Moraine EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements51

Landscape Composition

ORM-3 3. In Countryside Areas, maintain the rural character of the Rural Settlements.

ORM-17 4. Implement a landscape design that is compatible with adjacent natural

areas and site conditions and that utilizes native plant species as much as possible, especially along rights-of-way.

ORM-18

5. Ensure that the long-term landscape management approaches maintain, and where possible improve or restore the health, diversity, size and connectivity of the key natural heritage feature or hydrologically sensitive features.

48 A commitment has been made to address in subsequent stages of the transportation project (e.g., a commitment in the Preliminary Design stage to develop detailed mitigation in the Detail Design stage) 49 Transportation Environmental Study Report including amendments 50 Design Construction Report including amendments 51 Unless otherwise stated (e.g., by terms such as “shall”, “is not permitted”), the Environmental Protection Requirements (EPRs) are “as feasible” or “unless approved through the Environmental Assessment process”. This is in recognition that transportation facilities cannot avoid all impacts and that some ERPs may not be feasible in every situation.

Page 430: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 45 of 46

Documented in:

Compliance Requirement for Non Factor-Specific Considerations within Designated Areas

App

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(Y/N

)

Plan

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D

ocum

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Erosion and Sediment Control

ORM-20 6. The removal of vegetation, grading and soil compaction is kept to a minimum.

ORM-20 7. Prevent soil migration from the construction area.

ORM-20 8. Stabilize exposed soils as soon as is possible.

ORM-20 9. Minimize chemical applications to suppress dust.

ORM-20 10. Minimize areas of impervious land use.

ORM-20 11. Maximize areas retained in a natural, undisturbed state.

NIAGARA ESCARPMENT: COMPLIANCE

General 12. Was the need to assess Niagara Escarpment EPRs identified in the

Request for Proposals? N/A N/A N/A N/A N/A N/A 13. Was the need to assess Niagara Escarpment EPRs identified during the

course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

Other Designated Areas with the Niagara Escarpment

14. Avoid Significant and Regionally Significant Life Science - Areas of Natural and Scientific Interest ANSIs) and if the ANSIs are not avoidable, ensure that:

(a) Development does not significantly alter the natural topography or geological features of the Earth Science ANSI.

(b) Methods are employed to minimize the impact of the use on the values for which the site has been identified.

NE-31 & 32

(c) Ensure a natural vegetative buffer is maintained or established.

Page 431: MINISTRY OF TRANSPORTATION · 2.4.3 Environmental Reference for Highway Design (ERD) The ERD addresses environmental assessment issues and requirements relating to preliminary and

Ministry of Transportation Section 14: Designated Areas Environmental Standards and Practices User Guide Appendix A: Checklist

Dec-06 Page 46 of 46

Documented in:

Compliance Requirement for Non Factor-Specific Considerations within Designated Areas

App

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(Y/N

)

Plan

ning

D

ocum

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Fact

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Blasting and Grading

NE-4 15. Blasting and grading should be minimized.

GREENBELT: COMPLIANCE

General 16. Was the need to assess Greenbelt EPRs identified in the Request for

Proposals? N/A N/A N/A N/A N/A N/A

17. Was the need to assess Greenbelt EPRs identified during the course of the project? N/A N/A N/A N/A N/A N/A

Environmental Protection Requirements

Illumination

GB-3 & 5

18. In the Protected Countryside, including Prime Agricultural Areas, minimize negative impacts and disturbance of the existing landscape caused by light intrusion.

Winter Maintenance

GB-3 & 5

19. Whenever in the Protected Countryside, including Prime Agricultural Areas, minimize negative impacts and disturbance of the existing landscape caused by road salt.