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AECOM Report 1.Dot DRAFT Comprehensive Study Report Pursuant to the Canadian Environmental Assessment Act for the proposed 407 East Transportation Corridor (October, 2010) Prepared by: AECOM 300 – 300 Town Centre Boulevard 905 477 8400 tel Markham, ON, Canada L3R 5Z6 905 477 1456 fax www.aecom.com Project Number: 60117936 Date: October, 2010 AECOM Ontario Ministry of Transportation DRAFT Comprehensive Study Report Pursuant to the Canadian Environmental Assessment Act for the proposed 407 East Transportation Corridor (October, 2010) Executive Summary ES.1 Background The Ontario Ministry of Transportation (MTO) is proposing the construction and operation of the 407 East Transportation Corridor project, an extension of the existing 407 transportation corridor from its current terminus at Brock Road in Pickering to Highway 35/115 in Clarington, including two north-south links connecting Highway 401 to the proposed extension of 407, one in West Durham (Whitby) and the other in East Durham (Clarington). The transportation corridor includes a highway component and a transitway component (i.e. a dedicated corridor for transit). The MTO is the project proponent for the 407 East Transportation Corridor Project (the Project). ES.2 Purpose of this Draft Comprehensive Study Report The Canadian Environmental Assessment Agency (CEA Agency) has delegated the preparation of this draft Comprehensive Study report, and certain procedural aspects of public participation in its development, to the MTO. The purpose of this draft Comprehensive Study report is to provide, from the proponent’s perspective, the information, analysis and conclusions relevant to an eventual determination by the federal Minister of Environment on the likely significance of adverse environmental effects from the project. Guidelines provided by the CEA Agency have identified the scope of the project, the scope of the assessment, and the factors to be considered in order for the Comprehensive Study report to comply with requirements under the Canadian Environmental Assessment Act (CEA Act). ES.3 Structure of the Report – Sections 7 and 8 For the reasons explained below, this draft Comprehensive Study report was prepared after the conclusion and approval of the provincial environmental assessment. As a result, the comprehensive study report findings reflect the benefit of substantial input to the technical documentation from agencies, Aboriginal groups and the public. For each environmental component in section 7, the report contains a description of the approach taken; likely effects and mitigation; residual effects; government and public comments on the technical documentation; and how these have been addressed, to date. Section 8 provides the analysis and conclusions on the likely significance of these effects. ES.4 Comprehensive Study Type of Environmental Assessment The CEA Act applies to federal authorities when they contemplate certain actions or decisions in relation to a project that would enable it to proceed in whole or in part. Under section 5 of the CEA Act, a federal environmental assessment may be required when a federal authority (FA): • is the proponent; • provides financial assistance to a proponent; • sells, leases or otherwise disposes of land; or • issues a permit, licence, or any other approval as prescribed in the Law List Regulations under the Act. A federal authority that proposes to undertake one of the above actions, and is required to ensure that an environmental assessment is conducted under the Act, is referred to as a responsible authority (RA). As per Section 5 of the CEA Act: i AECOM Ontario Ministry of Transportation DRAFT Comprehensive Study Report Pursuant to the Canadian Environmental Assessment Act for the proposed 407 East Transportation Corridor (October, 2010) • Transport Canada’s role as a RA under the CEA Act arises from its consideration of MTO’s use of a small amount of Federal property in the vicinity of Brock Road and Highway 7. • Fisheries and Ocean’s role as a RA arises from the anticipated requirement for authorizations under section 35(2) of the Fisheries Act for 27 individual watercourse crossings. Pursuant to the amendments to the CEA Act that came into force in July 2010 the CEA Agency is responsible for conducting the comprehensive study for the Project. The CEA Agency is also the Federal EA Coordinator (FEAC), ensuring that federal authorities fulfill their obligations under the CEA Act in a timely manner, and to the extent applicable facilitating the coordination of the federal EA process with the requirements of the Province. The Minister of Environment receives the final Comprehensive Study report and the public comments received during the public participation phases. Once all necessary information has been provided and the concerns are addressed, the Minister issues an EA decision statement that includes: • the Minister’s opinion as to whether, taking into account the implementation of any mitigation measures the Minister considers appropriate, the project is, or is not, likely to cause significant adverse environmental effects, • and any mitigation measures or follow-up program that the Minister considers appropriate. The Minister then refers the project back to the RAs for a decision on their course of action. ES.5 Consultation and Public Participation The CEA Agency ensures consultation is carried out with the public and also consults directly with Aboriginal groups. The required public participation for this comprehensive study involves at least three opportunities: • initial opportunity to comment on the project and the conduct of the comprehensive study; • opportunity to participate in the draft comprehensive study (delegated process, timing and content to be determined by the Agency); and • facilitation of public access to the final comprehensive study report and an opportunity to file comments on it. The first of these opportunities, comments on the Comprehensive Study Guidelines document commenced on July 19 and was completed on August 20. The current consultation on this draft Comprehensive Study report constitutes the second opportunity. The third opportunity is the comment period on the final Comprehensive Study report. For each of these opportunities, information notifying the public of the opportunity to comment is filed on the CEAR Internet website at www.ceaa.gc.ca. Individuals and groups who have indicated an interest in the project at earlier phases are also being notified directly of these opportunities. The CEA Agency also administers the Participant Funding Program (PFP) to support participation in the EA. An independent Funding Review Committee (FRC) was established to review applications for funding under the PFP and to recommend the allocation of up to a total of $25,000 in participant funding assistance. In this case, four recipients have received funds under the PFP. In addition to these formal participation opportunities, individuals and groups may comment on the project or the environmental assessment at any time while it is under way. ES.6 Existing Conditions The MTO described the existing environmental conditions for 14 environmental components are described in Section 6 of this report. The components are as follows: 1. Air quality and climate (including the consideration of climate change); ii AECOM Ontario Ministry of Transportation DRAFT Comprehensive Study Report Pursuant to the Canadian Environmental Assessment Act for the proposed 407 East Transportation Corridor (October, 2010) 2. Noise and Vibration (including the consideration of noise sensitive areas); 3. Surface and subsurface geology and soils (including the consideration of valley slopes, landforms and erosion); 4. Groundwater (including the consideration of groundwater quality and quantity, and the location and condition of drinking water wells); 5. Surface water (including the consideration of surface water quality and quantity); 6. Vegetation and vegetation communities; 7. Wetlands; 8. Fish and fish habitat (including the consideration of sediments characteristics); 9. Wildlife and wildlife habitat (including the consideration of wildlife movement corridors, specialized/sensitive habitats and their use by migratory birds); 10. Species at Risk (i.e., Federal (COSEWIC) and Provincial Species at Risk); 11. Socio-economic Environment (including the consideration of agriculture, community and neighbourhood characteristics, adjacent and nearby land uses); 12. Cultural Environment; 13. Current use of lands and resources by Aboriginal People; and 14. Contaminated Sites and Waste Management. ES.7 Project Effects on the Environment, Mitigation Measures and Significance The environmental effects of the “Alternative Means” of carrying out the Project were assessed by MTO on the basis of a preliminary design. Numerous technically and economically feasible route alternatives were considered and assessed by MTO in a systematic manner. This was accomplished through the identification and screening of a “long list” of route alternatives, and detailed evaluation of a “short-list” of route alternatives. The “short-list” of alternative routes was subject to a detailed net effects analysis and a comparison of the relative advantages and disadvantages of each alternative in the context of the following five factor areas: • Natural Environment; • Social Environment; • Land Use/Economic Environment; • Cultural Environment; and • Technical Considerations. In some cases, a large number of alternatives were examined to ensure specific environmental constraints
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