..

(

ENVIRONMENTAL ASSESSMENT ACT

SECTION 9

NOTICE OF APPROVAL TO PROCEED WITH THE UNDERTAKING

RE: MimicoWaterfront Linear Park EnvironmentalAssessment

Proponent: Torontoand RegionConservationAuthority

EA File No.: CA-MT-03

(TAKE NOTICE that the period for requiring a hearing, provided for in the Notice ofCompletion of the Review for the above noted undertaking, expired on April 30, 2004.received no requests for a hearing before the expiration date.

I do not consider it advisable or necessary to hold a hearing. Having considered thepurpose of the Act, the environmental assessment, the terms of reference, the ministryreview and the submissions received, I hereby give approval to proceed with theundertaking, subject to conditions set out below.

REASONS:

My reasons for giving approval are:

1. On the basisof the proponent'senvironmentalassessmentand the ministryreview,the proponenfs conclusionthat, on balance,the advantagesof thisundertakingoutweighits disadvantagesappearsto be valid.

2. Nootherbeneficialalternativemethodof implementingthe undertakingwasidentified.

3. The GovernmentReviewTeam has indicatedno outstandingconcernsthatcannotbe addressedthroughterms and conditionsof approvalor throughfurtherrequiredapprovals.

(

...

-2- /"(

4. The concurrent public review of the environmental assessment did not identifyany outstanding concerns that cannot be addressed through conditions ofapproval, other technical approvals and consultation during the detailed designof the project.

5. On the basis of the proponent'senvironmentalassessment,the reviewand t~econditionsof appr9val,th~,9ql')~tryction,oP.~rqlj9n~nd maintenanceof theMimicoWaterfront LihearPark will b~ consistentwith the purposeof the Act.

6. I have not receivedany submissloh'Sor requirementsfor a hearing beforethepre!?cribe~,dea<:Jline.,Iam r'!qtaw~r~ ~f any oytstan~in9. iS$u~~with, r~spect tothis '(jnd'e~khig "which suggest that"';:1'hesiing' shdu1dbe'required'. .

CONDITIONS:

For the purposes of these conditions:

"proponent" refers to the Toronto and Region Conservation Authority;

"MOE" refers to the Ontario Ministry of the Environment;

"EAAB" refers' to the Environmental Assessment and Approvals Branch' of theMinistryof theEnvironment; ..

(~

"Director" refers to the Director of the Environmental Assessment and ApprovalsBranch;

"Regional Director" refers to the Directot of the MOE's Central Regional Office;and,

"EA" refers to the document titled "Mimico Waterfront Linear Park Study:Humber Bay Park West to Norris Crescent Parkette-, dated November, 2003;

Standard Conditions

1.0 1he proponentshall complywith the provisionsof the EA all of whichareincorporatedherein by referenceexceptas providedin these'conditiOnsandexceptas providedin anyother approvalsor permitsthat may be issued.

2.0 These tonditions do not preventmore restrictiveconditionsbeing imposedunderother statutes.

.,.

(-3-

3.0 Where a document is required for the Public Record, it shall be provided to theDirector for filing with the Public Record maintained for this undertaking.Additional copies of such documents will be provided by the proponent for publicaccess to:-the Regional Director;-the Clerk's offices of the City of Toronto; and,-the proponent's head office.

4.0 The proponent shall implement the commitments made by it and recorded inAppendices 8 and C of the ministry review for this EA, except as provided for inthese conditions or as provided by other approvals, authorizations or permitsrequired for the undertaking.

Compliance Monitoring and Reporting

5.0 Further to section 8.4 of-the EA, the proponent shall prepare and submit to theDirector for placement on the Public Record an Environmental AssessmentCompliance Monitoring Program. The Program shall be prepared fOi themonitoring of the proponent's fulfilment of the provisions of the EA for mitigationmeasures, pUblic consultation, additional studies and work to be carried out, andof all other commitments made during the preparation of the EA and thesubsequ~nt review of the EA. The Program must contain an implementationschedule;

The Program shall be submitted six months from the date of approval of theundertaking, or 60 days before the commencement of construction, whichever isearlier. A statement must accompany the Program when submitted to theDirector indicating that the Program is intended to fulfill this condition. TheProgram, as amended by the Director, must be carried out by the proponent.

5.1 The proponent shall prepare an annual Compliance Report which describescompliance with the'conditions of approval set out in the Notice of Approval andwhich describes the r~sults of the Environmental Assessment ComplianceMonitoring Program. The first Compliance Report shall be submitted no laterthan six months following the date of the Director's acceptance of theCompliance Monitoring Program, and on the anniversary of this date thereafter,for which the Compliance Report shall cover the previous 12 months. Theproponent shall submit to the Director for placement on the Public Record a copyof the Compliance Report. The proponent shall submit Compliance Reports untilall conditions are satisfied. When all conditions have been satisfied, theproponent shall indicate in the Compliance Report that this is its final submission.

\

-

L-

-4-(

Archaeology

6.0 Prior to construction, the proponent shall advise the Director of the completion ofa Stage 1 Archaeological Assessment of the study area that has been acceptedby the Ministry of Culture. The proponent shall also ensure that the Director isprovided with a copy of the letter of clearance from the Ministry of Culture forfiling on the Public Record for this EA.

Minister of the Environment135 St. Clair Avenue West, 12th FloorToronto, OntarioM4V 1P5

Approvedby a.c. No. \ ~ --;).7/ ~~1....

I~ o. ~ AffAovd ~ I1 /0 1\--

"j