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Appendix E Relevant Agency Correspondence

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Appendix E Relevant Agency Correspondence APPENDIX E RELEVANT AGENCY CORRESPONDENCE AGENCY CORRESPONDENCE May 4, 2004, 2004 Our Ref.: 33015275 Business Management Operations CN Rail P.O. Box 1000 Concorde, ON L4K 1B9 Attention: Alan MacDougall, P.Eng. District Superintendent Dear Alan: Re: Highway 404 Extension crossing the CN Bala Subdivision, East of Pefferlaw The Ministry of Transportation (MTO) received approval under the Ontario Environmental Assessment Act (OEAA) on August 28, 2002 for the Extension of Highway 404. The EA consists of 45 kilometres of new four-lane freeway from Davis Drive in Newmarket to Highway 48 east of Pefferlaw, as well as the twinning to four lanes of nine kilometres of the existing Highway 48 to Highway 12 / 48. Two kilometers of Highway 404, from Davis Drive to Green Lane, was opened to traffic in 2002, based on an approval obtained by York Region. In March 2004 MTO retained URS Canada Limited (URS) / McCormick Rankin Corporation (MRC) / Ecoplans Limited (consultant team) to undertake further engineering and environmental work on the Environmental Assessment approved alignment to obtain a decision under the Canadian Environmental Assessment Act (CEAA) and clearance under OEAA. The MTO contact for this project is John Klowak, P. Eng, who can be reached at (416) 235-5533. I will act as the consultant contact for technical issues. The EA proposes a grade separation over the CN Rail line west of Durham Road 23. During the EA process CN was contacted and advised of the study and to provide the study team with the long term plans for the rail corridor. This resulted in the conceptual plan shown in the EA. A copy of this plan is attached for your reference. However, during the EA study, no formal agreement between MTO and CN was taken. Therefore, we now would like to work towards an agreement. As this study progresses, we will provide additional detail on the proposed structure, as required, in support of the agreement. In principle, we acknowledge the grade separation, as proposed in the EA, is part of the Highway 404 extension project, and therefore will be funded entirely by the project. The structure will span the single set of tracks, as shown on the attached plan. We are developing the structural general arrangement drawings for this rail structure. We are URS Canada Inc. 75 Commerce Valley Drive East Markham, ON Canada L3T 7N9 Tel: 905.882.4401 Fax: 905.882.4399 www.urs.ca requesting your concurrence that providing the Highway 404 Extension over a single set of tracks is acceptable, in principle, to CN Rail, and that you have no objections to this proposed structural arrangement. Yours very truly, URS Canada Inc. Steve Jacobs, P.Eng. Senior Project Manager SJ/aif Attachment Cc: J. Klowak, MTO P. Reynolds, MTO N:\Planning\33015275 Highway 404 Extension\Reports\TESRs\TESR #2 - Green Lane to Mount Albert\Appendices\Alan MacDougall CN 2004-04-28 (Revision).doc - 2 - Page 1 of 1 From: Borwick, Jason (MNR) [[email protected]] Sent: November 22, 2006 10:48 AM To: Bricks, Mike Cc: Klowak, John (MTO); Reynolds, Pat (MTO); [email protected]; Gartshore, Geoffrey; Bright, Katie; Borwick, Jason (MNR) Subject: RE: Hwy 404 - Response to MNR Terrestrial Comments - Mount Albert to Woodbine Ave Hi Mike, I apologize for the delay but I am finally getting around to reviewing your responses. We are satisfied with your responses to our comments and look forward to working through the detailed design phases of this project. Jason Borwick, M.Sc. Management Biologist, Aurora District Ontario Ministry of Natural Resources 50 Bloomington Rd. W. Aurora, ON L4G 3G8 Tel: 905-713-7404 Fax: 905-713-7361 E-mail: [email protected] From: Bricks, Mike [mailto:[email protected]] Sent: Friday, November 03, 2006 8:25 AM To: Borwick, Jason (MNR) Cc: Klowak, John (MTO); Reynolds, Pat (MTO); [email protected]; Gartshore, Geoffrey; Bright, Katie Subject: Hwy 404 - Response to MNR Terrestrial Comments - Mount Albert to Woodbine Ave Jason: Attached is our response to your letter dated September 28, 2006. We hope that our responses address MNR's comments. Feel free to contact either Geoff or I if you wish to discuss. Thanks for all of your assistance to date. Mike 29/03/2007 Ministry of Ministère des Natural Resources Richesses naturelles 50 Bloomington Road W Our File: Y/D-04-EG/G/B-030 Aurora, ON L4G 3G8 November 27, 2006 Mike Bricks Senior Environmental Planner Ecoplans Limited 2655 North Sheridan Way Mississauga, ON. L5K 2P8 Dear Mr. Bricks: RE: Highway 404 Extension – Fisheries Component – Letter of Advice Staff of this office in consultation with the Department of Fisheries and Oceans have reviewed the technical memorandum entitled “Fish Habitat Impact Assessment Summary, Highway 404 Green Lane to Woodbine Ave/Ravenshoe Road” dated November 3rd 2006 (hereinafter referred to as the Memorandum) outlining the existing conditions, proposed works, summary of impacts and mitigation measures for the Mount Albert and Maskinonge River crossings of the 404 extension. We provide the following two comments: x Little detail was provided in the Memorandum outlining the “proper design” proposed to convey flow from diffuse or undefined channels as they approach all of the proposed ConSpan structures. Please provide us with additional detail outlining the proposed design to convey flow at the inlet of these culverts. x It is stated that construction-related mitigation measure #7 is “…part of the restoration plan”. Please confirm that these plantings are in addition to the 10.1 acres of proposed plantings detailed in section 4.4 of the Memorandum. Pending your response to the above comments, the proposed works are adequate to protect fish and fish habitat provided that they are implemented as outlined in the Memorandum. Given the use of ConSpan structures, the low relative sensitivity of the impacted systems, and the proposed mitigation measures as detailed in the Memorandum, the Ministry of Natural Resources agrees that the works as proposed will not result in a harmful alteration, disruption, or destruction (HADD) of fish habitat. Please note that any change to the proposed works as described in the Memorandum or failure to properly implement the proposed mitigation measures may result in a HADD. This Letter of Advice does not permit the deposit of deleterious substance (section 36 of the Fisheries Act) into waters frequented by fish nor does it release you from the responsibility of obtaining any other federal, provincial or municipal approvals that may apply. Should you have any questions or concerns please feel free to contact me at 905-713-7404. Sincerely, Jason Borwick Management Biologist Aurora District Regional Engineering Engineering Services Canadian National Railway 1 Administration Road P.O. Box 1000 Concord, Ontario L4K 1B9 Tel.: 905-669-3155 Fax: 905-760-3406 November 28, 2006 Email: [email protected] Mr. Steve Jacobs, P.Eng., URS Canada Inc. 75 Commerce Valley Drive, East Markham, Ontario L3T 7N9 Dear Mr. Jacobs: Re: Highway 404 Extension – Green Lane to North of Mount Albert Road Filing of Transportation Environmental Study Report, Class EA Thank you for your letter dated November 20, 2006, informing us that the Transportation Environmental Study Report is available for review, for the extension of Highway 404 from Green Lane to north of Mount Albert Road project. CN Rail has no concerns or comments, as it appears that this portion of the project will have no impact on CN Rail. Please remove CN from your project mailing list. (Please remove all CN contacts from the project mailing list including Mr. John MacTaggart and Mr. Alan MacDougall). Sincerely, Darylann Perry for John F. MacTaggart, P.Eng. Senior Engineering Services Officer December 21, 2006 Ministry of Natural Resources Aurora District 50 Bloomington Road West Aurora, Ontario, L4G 3G8 Attention: Mr. Jason Borwick, M.Sc., Management Biologist Dear Jason: RE: Highway 404 Extension – Fisheries Component – Letter of Advice (Your File: Y/D-04-EG/G/B-030) Thank you for your Letter of Advice pertaining to the Highway 404 extension from Green Lane to Woodbine Ave/Ravenshoe Road specifically in relation to the intermittent crossings of the Mt. Albert Creek and the Maskinonge River tributaries (dated November 27th, 2006). Please find below our responses to your two comments on the technical memorandum entitled “Fish Habitat Impact Assessment Summary, Highway 404 Green Lane to Woodbine Ave/Ravenshoe Road” dated November 3rd 2006 (hereinafter referred to as the Memorandum): x Little detail was provided in the Memorandum outlining the “proper design” proposed to convey flow from diffuse or undefined channels as they approach all of the proposed ConSpan structures. Please provide us with additional detail outlining the proposed design to convey flow at the inlet of these culverts. The design details for the up and downstream low flow channel transitions with the channels through the new structures will be developed during the Detail Design stage of the project, as more detailed survey information and plans are required to define existing site specific profile and cross sectional conditions. Regardless, the structures have been aligned with the inflowing flow path, and even where the flow path is diffuse, the structures are wide enough that they should encompass any areas of more diffuse flow where they may coincide with inlet and/or outlet zones. Based on the detailed survey information, the transition zones will be designed using standard naturalization practices to transition smoothly and match these conditions up and downstream of ConSpan structures. x It is stated that construction-related mitigation measure #7 is “Riparian vegetation cleared for access will be replaced as part of the restoration plan”. Please confirm that these plantings are in addition to the 10.1 acres of proposed plantings detailed in section 4.4 of the Memorandum.
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