Ontario Ministry of Transportation

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) G.W.P. 2130-01-00 Design and Construction Report

Prepared by:

AECOM Canada Ltd. 105 Commerce Valley Drive West, 7th Floor Markham, ON L3T 7W3 T: 905.886.7022 F: 905.886.9494 www.aecom.com

Prepared for:

Ontario Ministry of Transportation Central Region Environmental Planning Section 159 Sir William Hearst Avenue, Building D, 4th Floor Toronto, ON M3M 0B7

Date: September 2020

Project #: 60572506 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Statement of Qualifications and Limitations

The attached Report (the “Report”) has been prepared by AECOM Canada Ltd. (“AECOM”) for the benefit of the Client (“Client”) in accordance with the agreement between AECOM and Client, including the scope of work detailed therein (the “Agreement”). The information, data, recommendations and conclusions contained in the Report (collectively, the “Information”): ▪ is subject to the scope, schedule, and other constraints and limitations in the Agreement and the qualifications contained in the Report (the “Limitations”); ▪ represents AECOM’s professional judgement in light of the Limitations and industry standards for the preparation of similar reports; ▪ may be based on information provided to AECOM which has not been independently verified; ▪ has not been updated since the date of issuance of the Report and its accuracy is limited to the time period and circumstances in which it was collected, processed, made or issued; ▪ must be read as a whole and sections thereof should not be read out of such context; ▪ was prepared for the specific purposes described in the Report and the Agreement; and ▪ in the case of subsurface, environmental or geotechnical conditions, may be based on limited testing and on the assumption that such conditions are uniform and not variable either geographically or over time. AECOM shall be entitled to rely upon the accuracy and completeness of information that was provided to it and has no obligation to update such information. AECOM accepts no responsibility for any events or circumstances that may have occurred since the date on which the Report was prepared and, in the case of subsurface, environmental or geotechnical conditions, is not responsible for any variability in such conditions, geographically or over time. AECOM agrees that the Report represents its professional judgement as described above and that the Information has been prepared for the specific purpose and use described in the Report and the Agreement, but AECOM makes no other representations, or any guarantees or warranties whatsoever, whether express or implied, with respect to the Report, the Information or any part thereof. Without in any way limiting the generality of the foregoing, any estimates or opinions regarding probable construction costs or construction schedule provided by AECOM represent AECOM’s professional judgement in light of its experience and the knowledge and information available to it at the time of preparation. Since AECOM has no control over market or economic conditions, prices for construction labour, equipment or materials or bidding procedures, AECOM, its directors, officers and employees are not able to, nor do they, make any representations, warranties or guarantees whatsoever, whether express or implied, with respect to such estimates or opinions, or their variance from actual construction costs or schedules, and accept no responsibility for any loss or damage arising therefrom or in any way related thereto. Persons relying on such estimates or opinions do so at their own risk. Except (1) as agreed to in writing by AECOM and Client; (2) as required by-law; or (3) to the extent used by governmental reviewing agencies for the purpose of obtaining permits or approvals, the Report and the Information may be used and relied upon only by Client. AECOM accepts no responsibility, and denies any liability whatsoever, to parties other than Client who may obtain access to the Report or the Information for any injury, loss or damage suffered by such parties arising from their use of, reliance upon, or decisions or actions based on the Report or any of the Information (“improper use of the Report”), except to the extent those parties have obtained the prior written consent of AECOM to use and rely upon the Report and the Information. Any injury, loss or damages arising from improper use of the Report shall be borne by the party making such use. This Statement of Qualifications and Limitations is attached to and forms part of the Report and any use of the Report is subject to the terms hereof.

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Prepared and Reviewed by:

Mark Elbertsen Environmental Planner, AECOM

Andrea Potter, B.E.S. Senior Environmental Planner, AECOM

Vera Zematsov, P. Eng. Senior Civil Designer, AECOM

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

The Public Record

This Design and Construction Report has been prepared to document the recommended improvements, consultation undertaken, and potential environmental issues and mitigation measures associated with the Detail Design and Class Environmental Assessment (Group ‘B’) study for the rehabilitation of the Highway 401 eastbound collector lanes from Avenue Road to Warden Avenue.

The Design and Construction Report is available on the project website at www.hwy401avenue-to-warden-ebcollectors.com for a 30-day public and agency review period starting September 21, 2020 and ending October 20, 2020. There is no Part II Order (bump-up) request opportunity provided for this project under the Class Environmental Assessment for Provincial Transportation Facilities (2000).

To obtain additional information or provide comments please contact the Project Team:

 David Fallows, Project Manager Ontario Ministry of Transportation, Central Region Planning and Design Section 159 Sir William Hearst, Building D, 4th Floor Toronto, Ontario M3M 0B7 Telephone: 416-235-5519 Fax: 416-235-3576 Email: [email protected]  Christopher Schueler, P.Eng., Project Manager AECOM 30 Leek Crescent, 4th Floor Richmond Hill, Ontario L4B 4N4 Telephone: 905-882-4401 Fax: 905-882-4399 Email: [email protected]

Comments are being collected to provide and obtain information, and to identify concerns in accordance with the Ontario Environmental Assessment Act. This material will be maintained on file for use during the study and may be included in project documentation. Information collected will be used in accordance with the Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will become part of the public record. If you have any accessibility requirements in order to participate in this project, please contact one of the Project Team members listed above.

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Executive Summary

The Ontario Ministry of Transportation (MTO) has retained AECOM to undertake a Detail Design and Class Environmental Assessment (EA) Study for the rehabilitation of the Highway 401 eastbound collector lanes between Avenue Road and Warden Avenue in the City of Toronto. This study includes the reconstruction of eastbound collector lanes to the south at the Leslie Street interchange and the reconstruction of 4 bridge structures at the following locations within the Leslie Street Interchange:

 Highway 401 eastbound collector lanes over GO/Metrolinx tracks (37-206/1);  Highway 401 eastbound collector lanes over Leslie Street (37-208/1);  Leslie Street N-E ramp over Leslie Street (37-208/5); and  Highway 401 eastbound collector lanes over Don River East Branch (37- 207/1).

Please note that while four structures are identified for reconstruction, these will be replaced with only three, as structure #37-208/5 will now be combined with structure #37-208/1. The study also includes the rehabilitation of the Highway 401 eastbound collector lanes bridge over the ramp to the Don Valley Parkway/Highway 404 (37-322), pavement rehabilitation throughout the project limits, replacement of steel beam guiderail with concrete barrier, existing steel noise barrier replacement, highway safety improvements, drainage improvements, upgrades to illumination, replacement of traffic signals at the Highway 401 eastbound off-ramp to Bayview Avenue and improvements to the Advanced Traffic Management System.

The study is following the approved planning process for a Group ‘B’ project in accordance with the Ontario Ministry of Transportation’s Class Environmental Assessment for Provincial Transportation Facilities (2000) under the Ontario Environmental Assessment Act.

A Preliminary Design Report (PDR) for the section of Highway 401 from Leslie Street to Warden Avenue was completed in 2012 and recommended the full replacement of the existing Highway 401 bridges within the Leslie Street Interchange (over GO/Metrolinx rail corridor, over the GO Oriole Station parking lot and over Leslie Street) and over the Don River. To accommodate the replacement of the bridges, Highway 401 is to be shifted to the south by approximately 19 metres and the existing interchange ramps also reconfigured.

i Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

A separate Pre-Design Report was prepared in 2017 to further refine the work to be carried out at the Leslie Street Interchange which made further recommendation for the work including eliminating the structures over the GO Oriole parking lot, as GO/Metrolinx will be relocating the station to the north, and maintaining the Highway 401 Westbound Collector Lanes in their current alignment post construction.

The Pre-Design Report also revised the recommendations for the construction sequence for the replacement work at the Leslie Street Interchange to be carried out under a series of five (5) construction contracts over a period of 12 years. Contract 1 includes the realignment of the 401 W – Leslie N/S Ramp as well as the ramp structure of the GO/Metrolinx rail corridor. Contract 2 includes the realignment of the Highway 401 EB Collector Lanes and remaining eastbound oriented ramps at the Leslie Street Interchange and replacement of the Highway 401 EB Collector bridges. Contract 3 includes the realignment of the Highway 401 EB Express Lanes and replacement of the Highway 401 EB Express bridges. Contract 4 includes the same work in the Highway 401 Westbound (WB) Express Lanes. Contract 5 includes all work in the Highway 401 WB Collector Lanes.

The focus of this Design and Construction Report is Contract 2 noted above. Construction is anticipated to start in the Spring of 2021 and be completed over a four- year period by Fall/Winter 2024 with a winter shutdown in between. Contract 1 is currently under construction (Contract 2016-2048) and Contracts 3, 4 and 5 will be completed under a separate project at a future date.

Consultation was an important part of this process. Opportunity for input was provided for the public, municipalities, external agencies and Indigenous communities throughout this process. The consultation process implemented for this study included the distribution of a Notice of Study Commencement, the hosting of a project website for the duration of the study, and issue of a Notice of DCR Submission. A review was made of all comments received and a response provided where necessary. Additional discussions took place as necessary to address stakeholder concerns. No significant stakeholder concerns were raised regarding the Detail Design plan for this project.

Measures have been included to mitigate potential impacts and it is expected that this project will have minimal potential for adverse effects provided that the mitigation as identified is implemented during construction.

ii Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Table of Contents

1. Project Overview ...... 1 1.1 Project Location and Background ...... 1 1.2 Objectives and Scope of Study ...... 3

2. The Environment Assessment Process ...... 4 2.1 Federal Impact Assessment Act ...... 4 2.2 Ontario Environmental Assessment Act ...... 4 2.3 Purpose of the Design and Construction Report ...... 6

3. Consultation ...... 7 3.1 Overview ...... 7 3.2 Notice of Study Commencement and Project Website ...... 7 3.3 Consultation with Indigenous Communities ...... 10 3.4 Consultation with External Agencies and Interest Groups ...... 11 3.4.1 Municipalities...... 11 3.4.2 Government Agencies and Interest Groups ...... 12 3.4.3 Elected Officials ...... 14 3.4.4 Emergency Services ...... 15 3.4.5 School Boards and Transportation Service Providers ...... 15

4. Existing Conditions ...... 16 4.1 Natural Environment ...... 17 4.1.1 Physiography, Topography and Drainage ...... 17 4.1.2 Designated Natural Areas ...... 18 4.1.3 Vegetation and Vegetation Communities ...... 21 4.1.4 Wildlife and Wildlife Habitat (Including Species at Risk) ...... 50 4.1.4.1 Significant Wildlife Habitat ...... 50 4.1.4.2 Migratory Birds ...... 52 4.1.4.3 Terrestrial Species at Risk (SAR) ...... 52 4.1.4.4 SAR Bats ...... 56 4.1.5 Fish and Fish Habitat ...... 60 4.1.5.1 Crossing 1 – Don River West Branch ...... 64 4.1.5.2 Crossing 2 – Deerlick Creek ...... 66 4.1.5.3 Crossing 3 – Deerlick Creek ...... 68 4.1.5.4 Crossing 4 – Unnamed Tributary of Deerlick Creek ...... 68 4.1.5.5 Crossing 5 – Don River East Branch ...... 70 4.1.5.6 Crossing 7 – Unnamed Tributary to Don River East Branch 2 ...... 70 4.1.5.7 Crossing 8 – Unnamed Tributary to Don River East Branch 3 ...... 72 4.1.5.8 Crossing 9 – Unnamed Tributary to Don River East Branch 4 ...... 72

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.6 Waste and Contamination ...... 73 4.1.6.1 Contamination Overview Study (COS) ...... 73 4.1.6.2 Designated Substance Survey (DSS) ...... 84 4.1.6.3 Waste Management Plan ...... 86 4.1.7 Groundwater ...... 87 4.2 Socio-Economic Environment ...... 89 4.2.1 Demographic Context ...... 89 4.2.2 Land Use ...... 90 4.2.3 Navigation ...... 90 4.2.4 Noise ...... 92 4.3 Cultural Environment ...... 100 4.3.1 Archaeological Resources ...... 100 4.3.2 Built Heritage Resources ...... 102 4.4 Transportation and Other Infrastructure ...... 107 4.4.1 Road Network ...... 107 4.4.2 Bridges within the Study Area ...... 109 4.4.3 Utilities/Servicing ...... 110

5. The Recommended Plan ...... 111 5.1 Design Details ...... 111 5.2 Construction Staging...... 111 5.3 Property Acquisition ...... 117 5.4 Advance Traffic Management System ...... 117 5.5 Electrical ...... 117 5.6 Noise ...... 119 5.7 Drainage Improvements ...... 119

6. Environmental Issues and Commitments ...... 121 6.1 Natural Environment ...... 121 6.1.1 Erosion and Sediment Control ...... 121 6.1.2 Vegetation and Designated Natural Areas ...... 123 6.1.3 Wildlife and Wildlife Habitat (Including Terrestrial SAR) ...... 124 6.1.4 Fish and Fish Habitat ...... 133 6.1.5 Drainage and Hydrology ...... 142 6.1.6 Groundwater ...... 143 6.2 Socio-Economic Environment ...... 144 6.2.1 Land Use and Property ...... 144 6.2.2 Navigation ...... 147 6.2.3 Construction Noise ...... 148 6.2.4 Air Quality ...... 150 6.2.5 Waste and Contamination ...... 151 6.3 Cultural Environment ...... 157 6.3.1 Archaeological Resources ...... 157 6.3.2 Built Heritage Resources ...... 158

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

6.4 Transportation and Other Infrastructure ...... 159 6.4.1 Utilities ...... 159 6.4.2 Lane Restrictions/Closures ...... 160 6.5 Summary of Environmental Concerns, Mitigating Measures and Commitments ...... 160

7. Monitoring ...... 173 7.1 Project Specific Technical Monitoring ...... 173 7.2 Project Specific Class EA Monitoring ...... 174 7.3 Contract Administration ...... 174 7.4 Project Monitoring ...... 174 7.4.1 Inspection by Construction Staff ...... 174 7.4.2 Site Visits by Environmental Staff ...... 174

List of Figures Figure 1: Study Area ...... 1 Figure 2: Study Process ...... 5 Figure 3: Designated Natural Areas ...... 20 Figure 4: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 27 Figure 5: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 28 Figure 6: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 29 Figure 7: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 30 Figure 8: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 31 Figure 9: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 32 Figure 10: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 33 Figure 11: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 34 Figure 12: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 35 Figure 13: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 36 Figure 14: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 37 Figure 15: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 38

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 16: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 39 Figure 17: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 40 Figure 18: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 41 Figure 19: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 42 Figure 20: Ecological Land Classification for the Road to Warden Avenue Study Area ...... 43 Figure 21: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 44 Figure 22: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 45 Figure 23: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 46 Figure 24: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 47 Figure 25: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 48 Figure 26: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area ...... 49 Figure 27: Potentially Suitable Bat Maternity Roost Tree Locations ...... 57 Figure 28: Potentially Suitable Bat Maternity Roost Tree Locations ...... 58 Figure 29: Potentially Suitable Bat Maternity Roost Tree Locations ...... 59 Figure 30: Watercourse Crossing Locations ...... 61 Figure 31: Watercourse Crossing 1 ...... 65 Figure 32: Watercourse Crossing 2 ...... 67 Figure 33: Watercourse Crossings 3, 4, 5 and 8 ...... 69 Figure 34: Watercourse Crossings 7 and 9 ...... 71 Figure 35: Contamination Overview Study – Potential Contamination Ratings ...... 74 Figure 36: Contamination Overview Study – Potential Contamination Ratings ...... 75 Figure 37: Contamination Overview Study – Potential Contamination Ratings ...... 76 Figure 38: Contamination Overview Study – Potential Contamination Ratings ...... 77 Figure 39: Contamination Overview Study – Potential Contamination Ratings ...... 78 Figure 40: Contamination Overview Study – Potential Contamination Ratings ...... 79 Figure 41: Contamination Overview Study – Potential Contamination Ratings ...... 80 Figure 42: Contamination Overview Study – Potential Contamination Ratings ...... 81 Figure 43: Contamination Overview Study – Potential Contamination Ratings ...... 82 Figure 44: Contamination Overview Study – Potential Contamination Ratings ...... 83 Figure 45: Land Use ...... 91 Figure 46: NSAs and Representative Receptors – Overall Map ...... 95 Figure 47: NSA and Representative Receptors – NSA 01 – NSA 05...... 96

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 48: NSA and Representative Receptors – NSA 06 – NSA 08...... 97 Figure 49: NSA and Representative Receptors – NSA 09 – NSA 12...... 98 Figure 50: NSA and Representative Receptors – NSA 12 – NSA 15...... 99 Figure 51: Stage 1 Archaeology Assessment Results ...... 101 Figure 52: Results of the Stage 2 Archaeology Assessment ...... 103 Figure 53: Results of the Stage 2 Archaeology Assessment ...... 104 Figure 54: Cultural Heritage Assessment – Location of Clark Locke House (355 Lesmill Road) ...... 105 Figure 55: Cultural Heritage Assessment – Location of William Goodwin House (355 Lesmill Road) ...... 106 Figure 56: Property Acquisition and Temporary Access Roads ...... 118 Figure 57: Two-Chamber Bat Rocket Box ...... 131

List of Tables Table 1: Summary of Comments Received ...... 8 Table 2: Designated Natural Areas within the Study Area ...... 19 Table 3: ELC Communities within the Study Area ...... 22 Table 4: Locally Uncommon or Rare Plants Observed within Study Area ...... 25 Table 5: SOCC Identified with Moderate Potential to Occur within the Study Area ...... 51 Table 6: Terrestrial Species at Risk with the Potential to Occur Within the Study Limits ...... 52 Table 7: Species at Risk Identified with High or Moderate Potential to Occur within the Study Area ...... 55 Table 8: Snag Density Survey Results ...... 56 Table 9: Existing Fish and Fish Habitat Conditions Summary Table ...... 62 Table 10: Noise Sensitive Areas within the Study Area ...... 93 Table 11: Summary of Potential Effects on Terrestrial Ecosystem Features ...... 125 Table 12: Summary of Proposed Works at each Watercourse Crossing ...... 133 Table 13: Design Specifications for Future Excavations Requiring Dewatering .... 143 Table 14: Summary of Environmental Concerns, Mitigation Measures and Commitments ...... 161

Appendices Appendix A. Notification and Consultation Materials Appendix B. Contract Drawings – Removals and New Construction Appendix C. Ministry of Heritage, Sport, Tourism & Culture Industries – Arch. Letters

Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

1. Project Overview

1.1 Project Location and Background

The Ontario Ministry of Transportation (MTO) has retained AECOM to undertake a Detail Design and Class Environmental Assessment (EA) Study for the rehabilitation of an approximately 10 kilometre segment of the Highway 401 eastbound collector lanes extending from Avenue Road to Warden Avenue, between North York and Scarborough, in the City of Toronto, as illustrated in Figure 1. This project is subject to the Ontario Environmental Assessment Act and is being carried out in accordance with the approved Group ‘B’ planning process as outlined in the Ontario Ministry of Transportation’s Class Environmental Assessment for Provincial Transportation Facilities (2000).

Figure 1: Study Area

This undertaking includes the reconstruction of the eastbound collector lanes to the south at the Leslie Street interchange and the reconstruction of 4 bridge structures at the following locations within the Leslie Street Interchange:

 Highway 401 eastbound collector lanes over GO/Metrolinx tracks (37-206/1);  Highway 401 eastbound collector lanes over Leslie Street (37-208/1);

1 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Leslie Street N-E ramp over Leslie Street (37-208/5); and  Highway 401 eastbound collector lanes over Don River East Branch (37- 207/1).

This study builds upon a Preliminary Design and Class EA Study undertaken by the MTO in 2012 to develop a rehabilitation strategy for the Highway 401 express and collector system from west of Leslie Street to east of Warden Avenue. That study was documented in the Highway 401 Leslie Street to Warden Avenue Preliminary Design Report (Delcan, August 2012) and recommended the full replacement of the existing Highway 401 bridges of the Leslie Street Interchange (over GO/Metrolinx rail corridor, over the GO Oriole Station parking lot and over Leslie Street) and over the Don River. To accommodate the replacement of the bridges, Highway 401 is to be shifted to the south by approximately 19 metres and the existing interchange ramps will also be reconfigured.

In 2017, the MTO completed a separate pre-design to further refine the traffic staging and contract sequencing as developed during the earlier study. This was documented in the Highway 401/Leslie Street Interchange Reconstruction Pre-Design Report (MMM, September 2017) which recommended eliminating the structures over the GO Oriole parking lot given that GO/Metrolinx will be relocating the station to the north and maintaining the Highway 401 Westbound Collector Lanes in their current alignment post construction.

The Pre-Design Report also included recommendations for a revised construction sequence for the replacement work at the Leslie Street Interchange to be carried out under a series of five construction contracts as follows:

Contract 1: Realignment of the Highway 401 west – Leslie N/S Ramp as well as the ramp structure of the GO/Metrolinx rail corridor.

2 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Contract 2: Realignment of the Highway 401 eastbound (EB) Collector Lanes and remaining eastbound oriented ramps at the Leslie Street interchange and replacement of the Highway 401 EB Collector bridges.

Contract 3: Realignment of the Highway 401 EB Express Lanes and replacement of the Highway 401 EB Express bridges.

Contract 4: Realignment of the Highway 401 westbound (WB) Express Lanes and replacement of the Highway 401 WB Express bridges.

Contract 5: Rehabilitation of the Highway 401 WB Collector Lanes.

1.2 Objectives and Scope of Study

The objective and scope of this study is to:

 Confirm existing conditions within the study area;  Identify the required improvements to the Highway 401 eastbound collector lanes and the reconfiguration and realignment of the Leslie Street Interchange;  Prepare the Detail Design of the Recommended Plan including a construction staging strategy;  Develop mitigation measures to minimize or avoid potential environmental impacts;  Define commitments to future work by the Contractor during construction; and  Conduct consultation throughout the study with potentially interested and affected stakeholders regarding the project related activities noted above.

3 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

2. The Environment Assessment Process

2.1 Federal Impact Assessment Act

On August 28, 2019, the Impact Assessment Act came into force and created the new Impact Assessment Agency of Canada repealing the former Canadian Environmental Assessment Act, 2012. The Impact Assessment Act (2019) establishes a federal environmental assessment process focused on major projects that have a greater potential to have significant adverse effects on areas within federal jurisdiction. The types of activities to which the Act applies (“designated projects”) are identified in the regulations.

The proposed improvements associated with this project are not listed as a “designated project” under the Act and the work proposed is not taking place on Federal lands. Approval from the Impact Assessment Agency of Canada (IAAC) is therefore not required for this undertaking.

2.2 Ontario Environmental Assessment Act

The Ontario Environmental Assessment Act (OEAA) provides for the protection, conservation, and wise management of the environment in Ontario. The purpose of the OEAA is to help protect and conserve Ontario’s environment by requiring that projects subject to the Act follow a planning process leading to environmentally sound decision- making. The term “environment” is broadly defined and includes the built, natural, socio- economic and cultural environments. The planning and design of Provincial infrastructure projects are required to comply with the OEAA.

The Class Environmental Assessment (Class EA) process is a planning process approved under the OEAA that provides a streamlined process that must be followed for projects or activities within a defined “class”. Projects and activities that are defined within a “class” are generally ones that are recurring, carried out routinely and have predictable environmental effects that can usually be mitigated. The Ministry of Transportation’s Class Environmental Assessment for Provincial Transportation Facilities (2000) is an approved planning document under the OEAA that establishes the appropriate Class EA process to be completed for groups of projects and activities. Project groupings include the following:

 Group “A” – Projects involving new facilities;  Group “B” – Projects involving major improvements to existing provincial transportation facilities;

4 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Group “C” – Projects involving minor improvements to existing provincial transportation facilities; and  Group “D” – Activities that involve operation, routine maintenance, administration and miscellaneous work for provincial transportation facilities. These activities are approved under the Environmental Assessment Act subject to compliance with applicable environmental legislation other than the Environmental Assessment Act.  Projects that are identified in the Class EA can proceed to implementation without further approval under the Act provided that the approved Class EA planning process is followed.

The current undertaking is following the planning process for a Group ‘B’ project. The study process, as illustrated in Figure 2, provides opportunity for public and external agency input at key stages.

Figure 2: Study Process

5 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

2.3 Purpose of the Design and Construction Report

A Design and Construction Report (DCR) is prepared near the end of the Detail Design process as per the MTO Class EA and focusses on final design and construction related items. Sections 1, 2 and 3 of this DCR include information regarding the study background, purpose and the process that was followed in determining the requirements for the interchange improvements, including an overview of the consultation activities undertaken as part of the study. Section 4 provides an overview of the existing environmental and transportation conditions, while Sections 5 and 6 focus on the recommended plan and proposed mitigation measures and commitments to future work.

In accordance with the MTO Group ‘B’ Class EA process, this DCR will be made available on the project website at www.hwy401avenue-to-warden-ebcollectors.com for a 30-day public and agency review period starting September 21, 2020 and ending October 20, 2020. All interested parties are encouraged to review the project details and provide input. Please note that the DCR is not subject to a Part II Order (i.e. bump-up) request under the OEAA. Comments can be submitted to the following members of the study team:

 David Fallows, Project Manager Ontario Ministry of Transportation, Central Region Planning and Design Section 159 Sir William Hearst, Building D, 4th Floor Toronto, Ontario M3M 0B7 Tel: 416-235-5519 Fax: 416-235-3576 Email: [email protected]  Christopher Schueler, P.Eng., Project Manager AECOM 30 Leek Crescent, 4th Floor Richmond Hill, Ontario L4B 4N4 Tel: 905-882-4401 Fax: 905-882-4399 Email: [email protected]

6 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

3. Consultation

3.1 Overview

Consultation is an integral part of the study process. Throughout the course of the study, opportunities for input were provided at key project milestones, as the Project Team recognizes the important role that input from all stakeholders plays in the successful completion of any transportation study.

At the project start a Communication and Consultation Plan was prepared to detail the method of notification proposed for this project and to demonstrate that the notification requirements of the MTO’s Class EA process are being fulfilled. Two formal notices were issued for this project as follows:

 Notice of Detail Design Commencement  Notice of DCR Submission

A mailing list of interested individuals was established and updated throughout the study. The purpose of this list was to ensure that individuals who had an interest in the study were kept informed regarding the project. The Project Contact List included property owners within the study area and members of the public who contacted the Project Team directly by phone, fax or email as well as key stakeholders, schoolboards, Members of Parliament, external agencies, Indigenous Communities, municipalities, emergency service providers, and local utility companies.

3.2 Notice of Study Commencement and Project Website

A Notice of Study Commencement was issued in November 2018 that identified the commencement of the current Detail Design and Class EA process. A cover letter and copy of the notice was mailed to all on the Project Contact List. It was also published in English in the Scarborough Mirror and the North York Mirror newspapers on November 22, 2018 and in French in the Toronto L’Express newspaper on November 23, 2018. The letters to external agencies included a stakeholder form asking if they would like to participate in the study and if the current project will affect the delivery of their organization’s programs or services.

The Project Team also developed a project website at www.hwy401avenue-to-warden- ebcollectors.com in an effort to disseminate information and engage with stakeholders

7 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) regarding the recommended plan. The website was made live in November 2018 and provided an overview of the study, project schedule, contact information for the Project Team, and included an electronic comment form to submit comments directly to the Project Team via email. The website was updated at key milestones throughout the duration of the project. Table 1 provides a summary of the comments received and the responses provided during the process. Please refer to Appendix A for copies of the notification materials.

Table 1: Summary of Comments Received

Comment/Question Project Team’s Response

Please let me know This project is following the approved planning process for a Group ‘B’ what schedule this project under the MTO’s Class Environmental Assessment for falls under the class Provincial Transportation Facilities (2000). EA process, and if The majority of the works proposed will be completed within the you are carrying out existing MTO right-of-way; however, as mentioned, property acquisition standard screening will be required to accommodate construction in the southeast quadrant for archaeology and of the Leslie Street interchange and to the east of the East Don River cultural heritage. Bridge (see attached Figure 1). The process for MTO to acquire the aforementioned property from the City has been initiated. As illustrated on the attached Figures 2a & 2b, this area, outside of the MTO ROW will be subject to vegetation removals and disturbance. Please note that we are approaching the 60% design stage and the attached figures are to be considered preliminary. Below is a summary of the heritage studies completed previously and those being completed as part of the current detailed design process. Archaeology: • A Stage 1 Archaeological Assessment (AA) was completed previously for the portion of the Highway 401 EB collector lanes from Leslie Street to Warden Avenue by A.M. Archaeological Associates in 2009 as part of a Preliminary Design/EA Study which cleared the MTO right-of-way (ROW), within that section, of archaeological concerns. A Stage 2 AA was recommended for a segment located south of Highway 401 between Leslie Street and Don Mills Road if works are proposed outside of the ROW at that location. • As part of the current detailed design process AECOM is completing a Stage 1 AA for the portion of the study area between Avenue Road and Leslie Street and a Stage 2 AA to address works proposed in the southeast quadrant of the Leslie Street interchange, outside of the MTO ROW.

8 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Comment/Question Project Team’s Response

Built Heritage In 2010, a portion of the current study area between Leslie Street and Warden Avenue was assessed in a report: Cultural Heritage Assessment Report: Cultural Heritage Landscapes and Built Heritage Resources (December 2010) undertaken by Unterman McPhail and Associates. The CHAR identified two key heritage resources within the study area located at 355 Lesmill Road in the southeast quadrant of the Leslie Street interchange (i.e. Clarke Locke Residence (BHR3) & William Goodwin Residence (BHR4)). These are shown on Figure 2a as attached. As part of this project AECOM is to complete: − A summary of ‘Built Heritage and Cultural Heritage Landscapes CHAR’ for Highway 401 from Avenue Road to Leslie Street. − CHER for 2 structures (BHR3 & BHR4) – since owned by City of Toronto and on same property this has been addressed through one report. − The need for a Heritage Impact Assessment to address potential impacts to BHR3 and BHR4 will be confirmed as the design proceeds. There are The project includes an extensive consultation plan, including a Project businesses located Contact List that includes Members of Parliament, Members of near the staging Provincial Parliament, regulatory agencies, municipalities, emergency areas that are service providers, transit authorities, interest groups, local businesses, interested to learn and Indigenous communities. This contact list will be continually about the traffic updated and maintained throughout the duration of this study and will impacts that will serve as a basis for contacting stakeholders to notify of study result from the milestones and consultation events, such as study commencement, the rehabilitation work. study update, and study completion. Upon request, we will add stakeholders to the contact list, such as adjoining property owners, businesses and interested members of the public. A Notice of Study Commencement was published in the Scarborough Mirror and the North York Mirror newspapers in English and in the Toronto L’Express newspaper in French in November 2018. This letter was also sent to all stakeholders on the contact list and an example of the letter has been attached for your reference. A project website has also been developed for this project that provides a study overview, details on the MTO Class EA process, copies of public notices, projected project schedule, Project Team contact information, and a community feedback function for stakeholders to submit comments which will go directly to the Project Team. The

9 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Comment/Question Project Team’s Response

website can be accessed at www.hwy401avenue-to-warden- ebcollectors.com. Please feel free to circulate the web site information to anyone interested in the project. Finally, a Design Construction Report (DCR) will be prepared to meet the requirements of the Group ‘B’ project under the MTO Class EA. The DCR will document the process, provide details of the design, summarize consultation undertaken throughout the project, and identify potential environmental effects and planned mitigation measures. The DCR will be made available for a 30-day public review period which will be announced in a Notice of Study Completion to be issued at a future date. If you are aware of any stakeholders interested in learning more about the study, please forward their contact information or have them give me a call and I will add them to the Project Contact List so that they will receive all future notifications regarding the project.

3.3 Consultation with Indigenous Communities

The following First Nation and Métis communities and Councils were invited to participate in the study:

 Alderville First Nation;  Mississauga of Scugog Island First Nation;  Beausoleil First Nation;  Chippewas of Georgina Island First Nation;  Chippewas of Rama (Mnjikaning) First Nation;  Curve Lake First Nation;  Mississaugas of the Credit First Nation;  Six Nations of the Grand River Territory (Elected Council);  Hiawatha First Nation;  Haudenosaunee Confederacy Chiefs Council (HCCC) represented by the Haudenosaunee Development Institute (HDI) (Traditional Council);  Williams Treaties First Nations;  Ministry of Indigenous Relations and Reconciliation; and,  Indigenous and Northern Affairs Canada.

10 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Only one comment was received from this group. The Chippewas of Rama First Nation responded in November 2018 that they have no comments or concerns regarding the project. However, they would like to be kept apprised of any archaeological findings and/or any environmental impacts, should any occur.

 Correspondence with First Nation and Métis communities and Councils is included in in Appendix A.

3.4 Consultation with External Agencies and Interest Groups

The Project Team consulted with the appropriate federal and provincial ministries and agencies, municipalities, emergency services providers, interest groups, and school boards.

3.4.1 Municipalities

As this undertaking is located entirely within the City of Toronto that municipality was consulted during the study process. Key staff at the City were forwarded all notifications regarding the project. In addition, a meeting was held with key staff from the City on March 28, 2018 to provide a brief summary of the work proposed and to provide opportunity for City staff to provide input. An overview of the project was provided that included the study area, study background, recommended improvements, traffic staging, planned closures/detours, project schedule, utility and property impacts as well as the planned public engagement program for the project. Some of the main comments received during the meeting included the following:

 The City of Toronto expressed interest for a trail detour plan for Betty Sutherland Park, should the current trail need temporary closures during construction.  The City inquired if there would be any traffic control plans for Leslie Street interchange and was advised by AECOM that staging plans for Leslie Street will be prepared and proposed detour plans will be provided to the City for coordination. However, it was noted that staging plans for Bayview Avenue will not be prepared since closures are limited to off-peak hours and will be the responsibility of the contractor.  The City inquired if the Metrolinx pedestrian bridge replacement at the Oriole GO Station is part of the current scope of work. AECOM confirmed that the work on the Metrolinx pedestrian bridge is part of Contract 1 and is already under construction. AECOM is coordinating with Go/Metrolinx with regards to scheduling and construction.

11 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Other correspondence with the City of Toronto included the following (documented in Appendix A):

 The City provided updated contact information for City staff (December 2018);  The Toronto City Councillor of Ward 22 spoke with the Project Manager to obtain an overview of the project scope of work, recommended improvements and projected timelines;  A Park Access Agreement and Permission to Enter was obtained from the City of Toronto (June 2019) for the Betty Sutherland Trail Park located to the southeast of the Leslie Street interchange in order to complete an archaeological assessment.

A second Municipal Meeting was scheduled for September 3, 2020 to provide an update regarding the project and to present the Recommended Plan and associated Construction Staging. This meeting was expanded to include Emergency Management Services (EMS), the North York General Hospital, and relevant agencies that included the City of Toronto Ravines and Natural Features Protection (RNFP) division and the Toronto and Region Conservation Authority (TRCA).

AECOM completed a brief presentation regarding the works proposed providing a project overview and schedule for completion of the project. The proposed rehabilitation work was summarized and the impacts to traffic, utilities, property, and the environment were discussed as well as construction staging.

Municipal staff inquired about the work proposed at the Leslie Street interchange and potential traffic impacts. The RNFP reiterated that any tree removals taking place on MTO owned property would not require a permit from that agency. TRCA expressed interest in reviewing the technical reports available for the project. AECOM also requested that attendees advise if they would like to receive advance notification of construction and if so, were directed to provide the appropriate contact information which will be conveyed to the contractor.

3.4.2 Government Agencies and Interest Groups

The following government ministries, agencies and interest groups were consulted during the study:

 Transport Canada;  Department of Oceans and Fisheries;  Impact Assessment Agency of Canada;

12 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Go Transit/Metrolinx;  Toronto Transit Commission (TTC);  Ministry of Municipal Affairs and Housing;  Ministry of Natural Resources and Forestry (MNRF);  Ministry of the Environment, Conservation and Parks – Central Region Office, York-Durham District Office;  Ministry of Agriculture, Food and Rural Affairs;  Ministry of Heritage, Sport, Tourism and Culture Industries (Formerly Ministry of Tourism, Culture and Sport);  Ministry of Infrastructure;  Ontario Trucking Association;  Toronto Coalition for Active Transportation;  Toronto and Region Conservation Authority (TRCA);  Ikea (North York);  North York General Hospital;  Ontario Heritage Trust.  City of Toronto Ravines and Natural Features Protection division  City of Toronto Heritage Planning Division

Consultation with this group included the following (documented in Appendix A):

 Ministry of Natural Resources and Forestry (MNRF): The MNRF expressed an interest in the study, particularly as it may pertain to the two major crossings of the Don River and requested to be included in receiving more details as the study progressed. The MNRF was consulted in the preparation of the natural heritage review for the project.  Toronto and Region Conservation Authority (TRCA): The TRCA was consulted regarding work proposed in area(s) regulated by this agency and for the project overall. The TRCA confirmed that under Ontario Regulation 166/06 the MTO is not required to obtain a formal permit from the TRCA as it is a Crown Agency and therefore exempt. However, this agency did provide input as part of the Class EA process.

13 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 City of Toronto Heritage Preservation Services: This agency requested copies of the cultural heritage reviews completed as part of this assignment. The requested documents were provided and confirmed to be satisfactory.  City of Toronto Ravines and Natural Features Protection Division (RNFP): The RNFP requested additional details regarding the project and later confirmed that any tree removals occurring outside of MTO lands to accommodate access, storage or construction will require the submission of a complete permit application including an Arborist Report.  Ministry of Environment, Conservation and Parks (MECP): This agency was consulted regarding natural heritage impacts, including Species at Risk as well as in the provision of a Permit to Take Water necessary to facilitate dewatering during construction.  Ministry of Heritage, Sport, Tourism, and Culture Industries (MHSTCI): Archaeological Reports were provided to this agency for review and comment. The MHSTCI confirmed that the fieldwork and reporting was completed to their satisfaction and the reports were subsequently entered into the Ontario Public Register of Archaeological Reports.  Transport Canada: This agency was consulted regarding potential impacts to navigable waters resulting from the works proposed. Additional information is included in S.4.2.3.

3.4.3 Elected Officials

The following elected officials were consulted during the study:

 Member of Parliament – Michael Levitt, York Centre;  Member of Parliament – Marco Mendicino, Eglington-Lawrence;  Member of Parliament – Ali Ehsassi, Willowdale;  Member of Parliament – Robert Oliphant, Don Valley West;  Member of Parliament – Geng Tan, Don Valley North;  Member of Parliament – Yasmin Ratansi, Don Valley East;  Member of Parliament– Jean Yip, Scarborough Agincourt;  Member of Parliament – Salma Zahid, Scarborough Centre;  Member of Provincial Parliament – Roman Baber, York Centre;

14 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Member of Provincial Parliament – Robin Martin, Eglington-Lawrence;  Member of Provincial Parliament– Stan Cho, Willowdale;  Member of Provincial Parliament – Kathleen Wynne, Don Valley West;  Member of Provincial Parliament – Vincent Ke, Don Valley North;  Member of Provincial Parliament – Michael Coteau, Don Valley East;  Member of Provincial Parliament – Aris Babikian, Scarborough Agincourt;  Member of Provincial Parliament – Christina Mitas, Scarborough Centre.

No comments were received from this group during the process.

3.4.4 Emergency Services

The following emergency service providers were consulted during the study:

 Ontario Provincial Police – Toronto Police Services;  Ontario Provincial Police – Toronto Detachment, 43 Division;  City of Toronto – Fire Services;  City of Toronto – Fire Services – East Command;  City of Toronto Emergency Management Services.

No correspondence was received from this group during the process; however, input was obtained during the two Municipal/EMS meetings.

3.4.5 School Boards and Transportation Service Providers

The following school boards and transportation service providers were consulted during the study:

 Toronto District School Board;  Toronto Catholic District School Board;  Greyhound Canada Transportation Corp;  Conseil scolaire Viamond.

No comments were received from this group during the process.

15 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4. Existing Conditions

All significant features within the study area were identified to determine areas of environmental concern/constraint, establish the potential for impact resulting from the works proposed and to identify areas where mitigation may be required to minimize impacts. The data collected was grouped into the following categories:

 Natural Environment;  Socio-economic Environment;  Cultural Environment; and  Transportation Conditions.

This inventory was established through the collection of information from primary and secondary sources, field visits, drawing review, consultation with agencies and the public and completion of the following investigations:

 Fish and Fish Habitat Existing Conditions & Impact Assessment Report (AECOM, September 2020);  Terrestrial Ecosystems Existing Conditions & Impact Assessment Report (AECOM September 2020);  Construction Noise Report (AECOM, October 2019);  Stage 1 Archaeological Assessment (AECOM, October 2019);  Stage 2 Archaeological Assessment (AECOM, July 2019);  Cultural Heritage Assessment Report (AECOM, October 2018);  Cultural Heritage Evaluation Report, 355 Lesmill Rd: Clark Locke House and William Goodwin House (AECOM, June 2018);  Contamination Overview Study (AECOM, September 2020);  Designated Substance Survey (AECOM, August 2020);  Waste Management Plan (AECOM, August 2020); and  Hydrogeological Assessment Memo (AECOM, May 2020).

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4.1 Natural Environment

A Terrestrial Ecosystems Existing Conditions and Impact Assessment Report (AECOM, February 2020) was prepared in accordance with the Environmental Reference for Highway Design (2013) and the Ontario Ministry of Transportation’s Environmental Standards and Practices. A background review was completed, prior to field investigations, to obtain information on known natural heritage features and species records including Species at Risk (SAR) and Species of Conservation Concern (SOCC) within the Study Area. External agencies were also consulted to acquire background information.

Field observations were conducted on July 7 and September 12 and 13, 2018 by AECOM ecologists and were generally limited to within the MTO right-of-way (ROW) and public spaces. Incidental wildlife observations in the vicinity of the Leslie Street Interchange were also recorded during a nest search completed prior to borehole investigations on June 18 and 27, 2019.

Terrestrial Field investigations included the following:

 Vegetation community delineation and classification to Ecosite or Vegetation Type, including documentation of dominant species associations, in accordance with the Ecological Land Classification (ELC) Manual for Southern Ontario (Lee et al., 1998);  Location of wetland boundaries relevant to the proposed undertaking;  List of plant species observed;  Location and species of any bird nests on, under or in any structure or individual trees likely to be affected by construction;  List of wildlife species (including SAR or SOCC) observed and evidence of their habitat use; and  Assessment of habitat potential based on wildlife observations and site conditions.

The following sub-sections detail the existing natural environmental features of the study area.

4.1.1 Physiography, Topography and Drainage

The Study Area is located within Ecoregion 7E (Lake Erie-Lake Ontario) and is part of the Mixed wood Plains Ecozone which extends from Windsor to Toronto and includes

17 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) the Niagara Region. The Lake Erie Lowland Ecoregion is underlain by carbonate-rich, Paleozoic bedrock, and is dominated by a variety of deep glacial deposits. Forests in this Ecoregion, which are sparse due to urban development and agriculture, are characterized by Sugar Maple (Acer saccharum), American Beech (Fagus grandifolia), Oak (Quercus spp.), Ash (Fraxinus spp.), American Elm (Ulmus americana), Eastern Cottonwood (Populus deltoids), Balsam Poplar (Populus balsamifera) and Silver Maple (Acer saccharinum).

The eastbound collector lanes of Highway 401 between Avenue Road and Leslie Street are located in the South Slope physiographic region of southern Ontario. The South Slope itself extends from the Niagara Escarpment to the Trent River, between Lake Ontario and the Oak Ridges Moraine. This physiographic region is underlain by carbonate rich Palaeozoic rock with a variety of overlying glacial deposits. In the study area, the slope is smoothed, faintly drumlinized, and intersected by tributaries to the Humber, Rouge and Don Rivers.

A number of South Slope soil types are well-suited to agricultural use. Generally, soils vary in an east-west direction according to till content. Clay and shale content in soils increases moving west from the Regional Municipality of Durham. In the study area, soils include a small amount of black and grey shales and are slightly acidic. Scarborough’s Woburn loam is considered the best agricultural soil in the South Slope region and prior to urbanization this area was farmland.

4.1.2 Designated Natural Areas

Natural features and areas identified for protection in the Provincial Policy Statement (PPS) and other legislation (e.g., Greenbelt Act, 2005) are collectively referred to as ‘Designated Natural Areas.’ These include, but are not limited to, Provincial Land Use and Environmental Planning areas (i.e. Oak Ridges Moraine, Niagara Escarpment, Greenbelt), National and Provincial Parks, Environmentally Sensitive Areas, Areas of Natural and Scientific Interest (ANSI) etc. and may be identified by the planning authority (e.g., province, municipality, conservation authority). Table 2 below summarizes the Designated Natural Areas present within proximity to the current Study Area.

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Table 2: Designated Natural Areas within the Study Area

Present Designated Natural within the Description Location within the Study Area Area Study Area?

Areas of Natural and No • N/A • N/A Scientific Interest Environmentally Yes • Earl Bales • Earl Bales Woodlot is located Significant/Sensitive Woodlot within the Don Valley Golf Course Areas • Black Grass west of the Don River West Site Branch. • Black Grass Site is located south of Highway 401 east of Leslie Street Interchange. Greenbelt Plan Land Yes • Urban River • Don River West Branch valley; and Use Designations Valley • Don River East Branch valleys. City of Toronto Natural Yes • N/A • Throughout the Study Area but Heritage System concentrated within the Deerlick Creek and Don River West Branch and East Branch valleys. Wetlands (Provincially, No • N/A • N/A Locally or unevaluated) Woodlands Yes • N/A • Throughout the Study Area but concentrated within the Deerlick Creek and Don River West Branch and East Branch valleys.

As illustrated in Figure 3, a portion of Study Area falls within the boundaries of the Don River East and Don River West Branches. There are several designated areas, wetlands and environmentally sensitive features in proximity to these areas as shown. Designated Natural Areas within the Study Area include the Earl Bales Woodland and Black Grass Site Environmentally Significant Areas, and lands designated as Urban River Valley under the Greenbelt Plan and City of Toronto Natural Heritage System. Designated Natural Areas are concentrated along the Don River West Branch, Deerlick Creek and Don River East Branch valley corridors.

19 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 3: Designated Natural Areas

20 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.3 Vegetation and Vegetation Communities

Vegetation community types were delineated using the Ecological Land Classification (ELC) system for southern Ontario (Lee et al., 1998). Natural areas within 120 metres of the Highway 401 corridor between Avenue Road and Warden Avenue were visited to confirm vegetation community boundaries and classification. Particular consideration was given to identifying provincially or regionally rare flora and the presence of Species at Risk (SAR) plants.

The majority of vegetation within the ROW was largely represented by cultural communities resulting from, or maintained by anthropogenic-based disturbances (e.g., continued maintenance, mowing and/or plantings) and contained a large proportion of exotic and invasive species. Vegetation communities observed within the ROW included Dry – Moist Old Field Meadow Type (CUM1-1), Mineral Cultural Woodland Ecosite (CUW1) and less Sumac Cultural Thicket (CUT1-1).

The CUM1-1 community within the ROW was often dominated by Smooth Brome (Bromus inemis ssp. inermis), Canada Thistle (Cirsium arvense), Bird Vetch (Vicia cracca) and Goldenrods with scattered trees and shrubs. Mineral Cultural Woodland communities within the ROW were variable but tree cover typically contained Austrian Pine (Pinus nigra), Blue Spruce (Picea pungens) and/or Norway Maple (Acer platanoides) with Kentucky Blue Grass (Poa pratensis ssp. pratensis), common dandelion (Taraxacum officinale) and common heal-all (Prunella vulgaris ssp. vulgaris) typically present in the ground. The locations of ELC communities are shown in Figures 4 to 26.

In addition to the communities observed within the ROW, naturally occurring vegetation communities were limited to areas along the Don River West Branch/Don Valley Golf Course, and Don River East Branch and Deerlick Creek valley corridors. Natural vegetation communities within the Study Area are summarized in Table 3.

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Table 3: ELC Communities within the Study Area

ELC ELC Name Community Description Location in Study Area Comments Code FOD5-1 Dry – Fresh Sugar Canopy and sub-canopy dominated by sugar Three FOD5-1 communities CUM1-1 complex. Maple Deciduous maple with much less American elm. Black were identified within the Study Forest Type cherry (Prunus serotina), white oak (Quercus Area. These communities were alba), white ash (Fraxinus americana) and located along the northwest, eastern hemlock (Tsuga canadensis) were northeast and southwest slopes also observed in the canopy and sub-canopy. of the Don River West Branch Understorey dominated by tree saplings, ravine, adjacent to the Don alternate-leaved dogwood (Cornus alternifolia), Valley Golf Course. The common buckthorn (Rhamnus cathartica) and northwest and northeast American black currant (Ribes americanum). communities extend into the Ground layer dominated by zig-zag goldenrod MTO ROW along the Highway (Solidago flexicaulis), garlic mustard (Alliaria 401 west embankment. petiolata), western poison-ivy (Toxicodendron rydbergii), king of the meadow (Thalictrum pubescens), tree seedlings and vines. FOD5-3 Dry – Fresh Sugar Canopy dominated by sugar maple, red oak This forest community was None. Maple – Oak (Quercus rubra), black cherry and American located south of Highway 401 Deciduous Forest beech. Sub-canopy dominated by sugar maple and east of Leslie Street. The Type with much less black cherry, white ash and majority of the community is paper birch (Betula papyrifera). The shrub found within the Moatfield Farm layer contained common buckthorn, white ash Park with a small portion of the saplings and choke cherry (Prunus virginiana). community extending into the The ground cover was dominated by sugar MTO ROW adjacent to the maple seedlings, wild sarsaparilla (Aralia Highway 401 east bound ramp. nudicaulis), European swallow-wort (Cynanchum rossicum) and western poison- ivy.

22 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

ELC ELC Name Community Description Location in Study Area Comments Code FOD5-6 Dry – Fresh Sugar Canopy dominated by sugar maple with much This forest community was None. Maple – less black locust (Robinia pseudo-acacia) and located along the southeast Basswood American basswood (Tilia americana). Sub- slope of the Don River West Deciduous Forest canopy dominated by sugar maple, black Branch ravine, adjacent to the Type walnut (Juglans nigra), American basswood Don Valley golf course. The and Norway maple. Shrub cover dominated by community extended into the common buckthorn, Tartarian honeysuckle MTO ROW next to the Highway (Lonicera tatarica) and European privet 401 Yonge Street south exit (Ligustrum vulgare). Ground cover dominated ramp. by smooth brome, thicket-creeper (Parthenocissus inserta) and white swallow- wort (Cynanchum vincetoxicum). FOD5-7 Dry – Fresh Sugar Canopy and sub-canopy dominated by sugar Two FOD5-7 communities were FOD7-3 inclusion. Maple – Black maple with black cherry. Some American found in the Study Area. One Cherry Deciduous beech and American elm were also observed was located south of Highway Forest Type in the canopy while paper birch, black maple 401 within Moatfield Farm Park. (Acer nigra) and bitternut hickory (Carya The second community was cordiformis) were observed in the sub-canopy. located within the Woodsworth Understorey dominated by tree saplings, Greenbelt/Parkette adjacent to common buckthorn and choke cherry. Ground the GO/MX ROW. cover dominated by sugar maple seedlings, garlic mustard, zig-zag goldenrod and European swallow-wort. FOD6-4 Fresh – Moist Canopy dominated by sugar maple with less Three FOD6-4 communities CUM1-1 complex. Sugar Maple – American elm. Freeman’s maple (Acer X were found within the Study Abundant downed White Elm freemanii), American basswood and/or reddish Area. The first community was woody debris Deciduous Forest willow (Salix X rubens) were also observed in located directly east of snags/cavity trees the canopy. Sub-canopy typically dominated Glendora Park, north of noted within this by maple with less American elm and/or Highway 401. The second community in the American basswood. Shrub layer dominated community was located in the

23 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

ELC ELC Name Community Description Location in Study Area Comments Code by common buckthorn, choke cherry, Vyner Greenbelt park, south of vicinity of the Leslie alternate-leaved dogwood and tree saplings. Highway 401. The third was Street Interchange. Herbaceous species observed in the ground located within the Moatfield layer included garlic mustard, Canada Farm Park, north of Lesmill enchanter’s nightshade (Circaea canadensis), Road and south of Highway bull thistle (Cirsium vulgare), common yellow 401. oxalis (Oxalis stricta), white swallow-wort, European swallow-wort and avens (Geum sp). FOD7 Fresh – Moist Canopy dominated by American basswood, This community bordered the Riparian zone Lowland sugar maple and Norway maple. Sub-canopy Don River West Branch north shows Deciduous Forest dominated by Manitoba maple (Acer negundo), and south of Highway 401, in anthropogenic Ecosite Norway maple and American basswood. Shrub the vicinity of the Don Valley impact; contains cover dominated by common buckthorn, redo- Golf Course. invasive species osier dogwood (Cornus sericea), American black currant (Ribes americanum) and thicket- creeper. Ground cover dominated by garlic mustard, thicket-creeper and yellow avens (Geum aleppicum). FOD7-3 Fresh – Moist Canopy dominated by reddish willow, black This community bordered the None. Willow Lowland walnut American elm and green ash (Fraxinus Don River East Branch north Deciduous Forest pennsylvanica). Similar species composition and south of Highway 401. Type but lacking reddish willow was observed within the sub-canopy. Shrub cover was dominated by common buckthorn, black raspberry (Rubus occidentalis), Tartarian honeysuckle and riverbank grape (Vitis riparia). Ground cover dominated by European swallow-wort, avens, garlic mustard and riverbank grape.

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A total of 207 plant species were recorded; of which 111 (54%) were native and 96 (46%) were non-native. One species listed as Threatened under the Endangered Species Act (ESA), Kentucky coffee-tree (Gymnocladus dioicus), was recorded within the manicured portion of Glendora Park beyond the MTO ROW and Construction Disturbance Area (CDA). Kentucky coffee-tree is not considered native to the local area and given the specimens’ location; it was likely planted. A Cup plant (Silphium perfoliatum var. perfoliatum) recorded within the CUM1-1 communities is provincially rare (S2); however, this species is part of seed mixes applied during restoration activities. A total of 25 species considered locally rare or uncommon in Toronto were recorded as summarized in Table 4. Generally, these species were naturally occurring within forested communities or likely planted within cultural communities. It should be noted that rarity rankings assigned in the Distribution and Status of the Vascular Plants of the Greater Toronto Area, have not been updated in the last 19 years so some of these species (e.g., eastern red cedar) are now considered generally secure locally.

Table 4: Locally Uncommon or Rare Plants Observed within Study Area

Local Local Common Name Scientific Name Status Status ELC Community (Toronto) (TRCA) Eastern Red Cedar Juniperus virginiana R1 L5 CUM1-1 Purplestem Angelica Angelica atropurpurea R3 L3 CUT1-1 Black-eyed Susan Rudbeckia hirta R4 L4 CUM1-1 Cup Plant Silphium perfoliatum var. R4 L5 CUM1-1 perfoliatum Shagbark Hickory Carya ovata R4 L3 FOD5-7 Ninebark Physocarpus opulifolius R6 L3 CUM1-1 Dwarf Red Blackberry Rubus pubescens R4 L4 FOD6-4 Northern Bedstraw Galium boreale R3 L3 FOD6-4 Black Willow Salix nigra R3 L3 CUW1, CUT1-1 Meadow Willow Salix petiolaris R2 L4 FOD7 Slippery Elm Ulmus rubra R4 L3 FOD7-3 Plantain-leaved Sedge Carex plantaginea R6 L3 FOD5-7 Fragrant Flatsedge Cyperus odouratus R3 L3 CUT1-1 Black Maple Acer nigrum U L4 FOD5-7 Giant Goldenrod Solidago gigantea U L5 CUM1-1 Early Goldenrod Solidago juncea U L4 FOD5-1, FOD7, CUW1 Maple-leaved Goosefoot Chenopodiastrum simplex U L5 CUM1-1 Woodland Strawberry Fragaria vesca ssp. U L5 FOD5-1, CUW1, americana CUM1-1 Pin Cherry Prunus pensylvanica U L4 FOD5-7

25 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Local Local Common Name Scientific Name Status Status ELC Community (Toronto) (TRCA) Heartleaf Foamflower Tiarella cordifolia U L4 FOD6-4 Rosy Sedge Carex rosea U L5 FOD5-1 White Spruce Picea glauca X+ L3 CUT1-1 White Rattlesnake-root Nabalus albus - L3 FOD5-3 White Oak Quercus alba X L2 FOD5-1, CUW1 Eastern Buttonbush Cephalanthus occidentalis - L3 CUW1 Local Status – Toronto: (Varga et al., 2000) U: Uncommon R1-R5: Rarity Status (1-10 denotes number of stations at which a locally rare species is found) X: Extirpated from region Local Status – TRCA: (TRCA, 2019) L+: Exotic; not native to TRCA jurisdiction (includes hybrids between native and exotic species). L1: Rare in TRCA jurisdiction, of concern regionally. L2: Probably rare in TRCA jurisdiction, of concern regionally. L3: Generally secure in natural matrix; considered to be of regional concern. L4: Able to withstand some disturbance; generally secure in rural matrix; of concern in urban matrix. L5: Generally secure throughout TRCA jurisdiction; may be of very localized concern in highly disturbed areas.

Hazardous plants identified within the Study Area included multiple occurrences of western poison-ivy (Toxicodendron rydbergii) within FOD5-1, FOD5-3, FOD5-6 and FOD5-7. Approximately 10 wild parsnip (Pastinaca sativa) plants were also identified during field investigations within the CUW1 in the vicinity of the Leslie Street Interchange.

In summary, all vegetation communities identified within the Study Area are common throughout Ecoregion 7E and none are considered significant. Numerous plant species considered locally rare or uncommon occur within the Study Area. Generally, these are naturally occurring within forested communities or likely planted within cultural communities.

26 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 4: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

27 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 5: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

28 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 6: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

29 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 7: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

30 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 8: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

31 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 9: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

32 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 10: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

33 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 11: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

34 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 12: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

35 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 13: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

36 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 14: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

37 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 15: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

38 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 16: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

39 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 17: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

40 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 18: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

41 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 19: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

42 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 20: Ecological Land Classification for the Road to Warden Avenue Study Area

43 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 21: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

44 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 22: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

45 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 23: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

46 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 24: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

47 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 25: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

48 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 26: Ecological Land Classification for the Avenue Road to Warden Avenue Study Area

49 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.4 Wildlife and Wildlife Habitat (Including Species at Risk)

The natural heritage assessment determined that there is suitable breeding habitat for migratory birds and other wildlife throughout the Study Area, but it is concentrated within the natural areas along the Don River West Branch/Don Valley Golf Course, the Don River East Branch and the Deerlick Creek Valley corridors. Migratory birds may also nest within the ROW where there are trees, shrubs or dense ground vegetation cover. Candidate habitat for Species of Conservation Concern (SOCC) and other candidate Significant Wildlife Habitat (SWH) types (i.e., bat maternity colonies and turtle wintering areas) also exist within the Study Area including within the MTO ROW.

During field investigations, any evidence (e.g., observation, scat, tracks, calls, etc.) of wildlife and their associated habitat and habitat usages were documented. Wildlife incidentally observed during field investigations included the American Robin, American Goldfinch, Barn Swallow, Cedar Waxwing, Downy Woodpecker, Gray Catbird, House Wren, Northern Cardinal, Red-tailed Hawk, Red-winged Blackbird, and Song Sparrow.

4.1.4.1 Significant Wildlife Habitat

Significant Wildlife Habitat (SWH) is divided into four broad categories that include the following:

 Seasonal Concentration Areas;  Rare Vegetation Communities or Specialized Habitats for Wildlife;  Habitats of Species of Conservation Concern (SOCC) that include:

− Species with Provincial S-rank assigned by the NHIC as S1 (critically imperiled), S2 (imperiled) or S3 (vulnerable); − Species listed as Special Concern under the ESA; and, − Species identified as nationally endangered or threatened by The Committee on the Status of Endangered Wildlife in Canada, which are not protected under the ESA.  Animal Movement Corridors.

The presence of candidate SWH, including that of SOCC, was identified during the background review. SOCC with records in the vicinity of the area of study included several species of birds (i.e. Common Nighthawk, Eastern Wood-Pewee, Peregrine Falcone, Wood Thrush), an amphibian (i.e. Western Chorus Frog), reptiles (i.e. Eastern Musk Turtle, Northern Map Turtle, and Snapping Turtle), several insects (i.e. Early Hairstreak, Giant Lacewing, and Monarch Butterfly), and two species of plants (i.e.

50 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Saltmarsh Sand-spurrey and Scarlet Beebalm). A habitat assessment was completed for SOCC to determine if suitable habitat is present within the Study Area based on vegetation communities observed during field investigations. While no SOCC were observed during field investigations this cannot be considered conclusive evidence of a species absence as targeted surveys were not performed. The species included in Table 5 were determined to have moderate potential to occur within the Study Area based on the presence of suitable habitat and recent occurrence records.

Table 5: SOCC Identified with Moderate Potential to Occur within the Study Area

Probability Common ESA Taxa Scientific Name of Potential Habitat Name Status Occurrence Bird Common Chordeiles minor SC Moderate Openings with little Nighthawk vegetation within cultural meadow or forest communities may provide suitable nesting habitat. Bird Eastern Wood- Contopus virens SC Moderate Deciduous forests and Pewee cultural woodlands provide suitable habitat. Bird Peregrine Falco peregrinus SC Moderate Buildings may provide Falcon suitable nesting habitat. Bird Wood Thrush Hylocichla SC Moderate Deciduous forests mustelina provide suitable habitat. Reptile Snapping Turtle Chelydra SC Moderate Watercourses and ponds serpentina may provide suitable habitat. Insect Monarch Danaus plexippus SC Moderate Cultural meadow communities with milkweed provide suitable habitat.

Generally, candidate SWH is limited within the Highway 401 ROW and is likely to exist at edges of suitable vegetation communities. Candidate significant bat maternity colonies were identified within FOD5 communities in the vicinity of the Leslie Street Interchange and incidentally as part of bat SAR-targeted surveys. Watercourses within the Study Area provide significant turtle wintering areas.

51 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.4.2 Migratory Birds

Background data was collected from the Ontario Breeding Bird Atlas to identify the species of birds that have been recorded in the vicinity of the Study Area. Data obtained from the Study Area identified a total of 97 bird species with various levels of breeding evidence including four SOCC and five SAR. Although structures likely to be affected by construction provide suitable nesting habitat for migratory birds, particularly the Highway 401 bridge over the Don River East Branch, no nests of species protected under the Migratory Birds Convention Act (MBCA) were identified during field investigations conducted on July 7, 2018.

During the structure surveys the nests of two species, the Rock Pigeon and Common Raven, were observed on structures within the Study Area that were inspected. One Common Raven nest was observed incidentally on the Highway 401 westbound collector lanes over the Don River West Branch. Four Rock Pigeon nests were observed under the Highway 401 eastbound and westbound collector lanes over the Don River East Branch. The Common Raven receives protection under the Fish and Wildlife Conservation Act, 1997 (FWCA). Administered by MNRF, FWCA prohibits or regulates the destruction, taking or possession of nests or eggs of wildlife species scheduled in the Act. The FWCA is not binding on the Crown; therefore, MTO is exempt from this legislation. The Rock Pigeon is not protected under the MBCA.

Although no Species at Risk (SAR) or migratory bird nests were observed on, under or in any structure likely to be affected by construction during field investigations conducted on July 7, 2018, the Highway 401 bridge structures over the Don River East Branch represent suitable habitat.

4.1.4.3 Terrestrial Species at Risk (SAR)

A total of 16 Species at Risk (SAR) have been recorded within or in the vicinity of the Study Area based on a review of the background information. These SAR are listed in Table 6 below.

Table 6: Terrestrial Species at Risk with the Potential to Occur Within the Study Limits

Date of Source Common ESA COSEWIC Most Taxa Scientific Name S-Rank1 of Name Status2 Status3 Recent Record Record Bird Bank Swallow Riparia riparia S4B THR END OBBA 2001-2005 Bird Barn Swallow Hirundo rustica S4B THR THR OBBA 2001-2005

52 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Date of Source Common ESA COSEWIC Most Taxa Scientific Name S-Rank1 of Name Status2 Status3 Recent Record Record Bird Bobolink Dolichonyx S4B THR THR OBBA 2001-2005 oryzivorus Bird Chimney Swift Chaetura pelagica S4B,S4N THR THR OBBA 2001-2005 Bird Eastern Sturnella magna S4B THR THR OBBA 2001-2005 Meadowlark Bird Henslow’s Ammodramus SHB END END NHIC 1937 Sparrow henslowii Mammals Little Brown Myotis lucifugus S4 END END BCI N/A Myotis Mammals Eastern Small- Myotis leibii S2S3 END No Status BCI N/A footed Myotis Mammals Northern Long- Myotis S3 END END BCI N/A eared Myotis septentrionalis Mammals Tri-colored Bat Perimyotis subflavus S3? END END BCI N/A Reptile Queensnake Regina septemvittata S2 END END NHIC 1858 Mammals Blanding’s Emydoidea blandingii S3 THR END ORAA 1983 Turtle Amphibian Jefferson/Blue- Ambystoma laterale - S2 END END ORAA 2000 spotted jeffersonianum Salamander Complex Insect American Nicrophorus SH EXP EXP NHIC 1896 Burying Beetle americanus Insect Rusty-patched Bombus affinis S1 END END NHIC 1966 Bumble Bee Plant Butternut Juglans cinerea S2? END END NHIC 2006

Notes: 1, 2 Refer to Notes under Table 5. 3 COSEWIC Status: The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) provides the Canadian government with advice regarding wildlife species that are nationally at risk of extinction or extirpation. Species assessed and designated at risk by COSEWIC may qualify for legal protection and recovery under the federal Species at Risk Act, 2002 (SARA). The following are categories of at risk: EXT (Extirpated) ...... A species that no longer exists in the wild in Canada but exists elsewhere. END (Endangered) ..... A species facing imminent extirpation or extinction in Canada. THR (Threatened) ...... A species that is likely to become an endangered through all or a large portion of its Canadian range if limiting factors are not reversed. SC (Special Concern) . A species that may become threatened or endangered due to a combination of biological characteristics and identified threats. NAR (Not at Risk) ...... A species that has been evaluated and found to be not at risk.

SAR records were compiled through a review of background data (Table 6) and evidence of these species or their habitats were searched for during the field investigations. A habitat assessment was completed for each of the 16 SAR to determine whether there is potential for that SAR to occur within the Study Area. This assessment was based on the characterization of vegetation communities using aerial

53 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) photograph interpretation and then further refined after ELC community delineation during field investigations. The potential for the species to occur was determined through a probability of occurrence whereby the following rankings were applied:

 Low Probability: No suitable habitat present within the Study Area and/or no recent occurrence record identified through background review;  Medium Probability: Suitable habitat present within the Study Area. Although species not observed during the 2018 or 2019 field investigations, there are recent occurrence records in the vicinity of the Study Area identified through background review; and  High Probability: Suitable habitat identified within the Study Area. Species observed during the 2018 or 2019 field investigations or there are recent occurrence records in the Study Area identified though background review.

Species listed as Special Concern provincially are not afforded protection under the ESA but have been included in the SAR screening to avoid future implications should the status of these species change under the ESA. Furthermore, habitats of SOCC, which includes Special Concern species, are considered SWH under the PPS and associated Natural Heritage Reference Manual. For this reason, consideration was given to identifying Special Concern species in addition to Threatened and Endangered species.

Although all Kentucky coffee-trees are protected under the ESA, recovery efforts and application of critical habitats do not apply to planted individuals in landscaped settings (e.g., mowed lawns) as these habitat types are not considered to be critical habitat for the recovery of the species. Given that the Kentucky coffee-tree observed is not proposed for removal and located within the manicured portion of Glendora Park beyond species’ native range, this species was not included in the SAR habitat assessment.

As illustrated in Table 7, through this assessment, seven (7) SAR were determined to have a high or moderate potential to occur within the Study Area based on the presence of suitable habitat.

54 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Table 7: Species at Risk Identified with High or Moderate Potential to Occur within the Study Area

ESA Probability of Taxa Common Name Scientific Name Potential Habitat Status Occurrence Bird Barn Swallow Hirundo rustica THR High Bridges and culverts may provide suitable nesting habitat. Bird Chimney Swift Chaetura pelagica THR Moderate Suitable chimneys may be present. Mammals Little Brown Myotis lucifugus END Moderate Forests, woodlands and Myotis buildings may provide suitable maternity roost habitat. Mammals Eastern Small- Myotis leibii END Moderate Forests, woodlands and footed Myotis buildings may provide suitable maternity roost habitat. Mammals Northern Long- Myotis END Moderate Forests may provide eared Myotis septentrionalis suitable maternity roost habitat. Mammals Tri-colored Bat Perimyotis END Moderate Forests, woodlands and subflavus buildings may provide suitable maternity roost habitat. Plant Butternut Juglans cinerea END High Species observed within the deciduous forest communities of the Don Valley Golf Course north of Highway 401 (MMM Group, 2015; Dillon Consulting, 2018).

Although no Barn Swallow nests were observed on, under or in any structure likely to be affected by construction during field investigations conducted on July 7, 2018, the Highway 401 bridge structures over the Don River East Branch do provide suitable nesting habitat for this and other migratory bird species. Furthermore, Barn Swallow was observed foraging in the vicinity of the Leslie Street Interchange incidentally during nest surveys conducted prior to borehole investigations on June 18 and June 27, 2019.

None of the six (6) other SAR with potentially suitable habitat were confirmed present within the Study Area during the 2018 or 2019 field investigations; however, the Butternut is known to occur within the deciduous forest communities of the Don Valley Golf Course north of Highway 401.

55 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.4.4 SAR Bats

Following the identification of Candidate SAR Bat Habitat in proximity to the Leslie Street interchange during the initial field surveys and the potential for construction to impact this area, targeted SAR bat surveys were completed in this area on May 3, 2019 to confirm the presence of suitable maternity roost trees for Little Brown Myotis, Northern Myotis and Tri-colored Bat.

Little Brown Myotis and Northern Myotis

A total of 29 suitable maternity roost trees (i.e. snag/cavity trees) for Little Brown Myotis or Northern Myotis were identified within the surveyed area. The locations of the snags/cavity trees are shown on Figures 27 to 30. Most of the snag/cavity trees identified were American Elm and White Ash with loose bark. Only 13 snags/cavity trees had cavities or cracks/crevices. Other snags/cavity trees observed included Sugar Maple, Manitoba Maple, European Black Alder, Reddish Willow, Trembling Aspen, and Eastern Cottonwood.

With a density of snags at least 25 centimetres in diameter at breast height (DBH) that exceeded 10 per hectare (Table 8), the surveyed FOD5 communities represent candidate significant bat maternity colonies in accordance with the Significant Wildlife Habitat Criteria Schedules for Ecoregion 7E. This wooded ecosite may be also considered high quality potential maternity roost habitat for bat SAR.

Table 8: Snag Density Survey Results

Size of Number of Density of Snag/Cavity ELC Size of Surveyed Area Snag/Cavity Trees Trees ≥25 cm DBH per Ecosite Ecosite (ha) (ha) ≥25 cm DBH hectare FOD5 4.1 0.66 8 12 FOD7-3 3.5 0.23 2 9 CUW1 3.4 1.29 10 8

Tri-colored Bat

A total of 22 suitable maternity roost trees for Tri-colored Bat were identified within the surveyed area. The locations of the suitable maternity roost trees for Tri-colored Bat are shown on Figures 27 to 30 and included eleven (11) Sugar Maple, nine (9) Manitoba Maple and two (2) Red Oak. The highest concentration of suitable maternity roost trees for Tri-colored Bat occurred within the Dry – Fresh Sugar Maple – Oak Deciduous Forest (FOD5-3).

56 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 27: Potentially Suitable Bat Maternity Roost Tree Locations

57 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 28: Potentially Suitable Bat Maternity Roost Tree Locations

58 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 29: Potentially Suitable Bat Maternity Roost Tree Locations

59 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Eastern Small-footed Myotis

There are no open rock habitats present within the Study Area and no rock outcrops were identified within or during field investigations including SAR-targeted surveys. However, given that this species has been known to roost in snags and buildings, there is still the potential for this species to occur within the Study Area. This species has been rarely observed to roost in snags and buildings.

4.1.5 Fish and Fish Habitat

The aquatic component of the natural sciences assessment for this project was completed in accordance with the MTO Environmental Guide for Fish and Fish Habitat (2009) (“the Guide”) and in conjunction with the MTO/DFO/MNRF Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings, Version 3 (Pilot, 2016) (“the Protocol”). The purpose of the fisheries assessment was to assess existing aquatic habitat conditions to determine which crossings are considered fish habitat as per the Federal Fisheries Act, the level of habitat sensitivity and to ultimately ensure that fish habitat considerations are integrated into the detail design. Aquatic field investigations were completed on September 12, 2018 and May 9, 2019 to gather information on the aquatic environment at each watercourse crossing within the Study Area.

The area of review included the Zone of Detailed Assessment (i.e. area within MTO ROW and from 0 metres to 50 metres downstream and 0 metres to 20 metres upstream) and the Zone of General Assessment (i.e., 50 metres to 200 metres downstream and 20 metres to 50 metres upstream). A request for natural heritage information was also submitted to the Aurora MNRF and TRCA on July 10, 2018 to obtain available fisheries data associated with the subject watercourses. The MNRF provided fish community data, thermal regimes and applicable in-water timing windows. Fish community sampling was deemed unnecessary as sufficient information was provided by the MNRF to characterize the fish communities present within the Study Area.

As illustrated in Figure 30, there are nine (9) watercourse crossings within the study area primarily located in the eastern half of the project limits. However, upon completion of the field investigations and a review of the detail design drawings, it was determined that Crossing 6 and its associated watercourse are greater than 30 metres outside of the MTO ROW and will therefore not be impacted by the proposed works. That watercourse was therefore removed from further discussion.

Table 9 provides a summary of the existing fish and fish habitat conditions found within the study area. Of the 8 crossings assessed only two locations, Crossing 3 (Tributary of Deerlick Creek) and Crossing 7 were found not to provide fish habitat. The remaining locations provide for fish and fish habitat and will be subject to an in-water work timing restriction.

60 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 30: Watercourse Crossing Locations

61 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Table 9: Existing Fish and Fish Habitat Conditions Summary Table

Specialized, In-water Latitude Thermal Fish Constraints and Limiting, or Rare Species at Risk Works GWP Waterbody Date Flow1 Fish Species Present Substrate Type1 Vegetation1 Longitude Regime2 Habitat1 Opportunity1 Fish Habitat Present Timing Features1 Window2

Indicate if the information is Name of Direct, E.g. Ground water Timing window Insert Date Ephemeral, from background secondary E.g. Boulder, cobble, E.g. Perched culvert, eroding Indicate/ describe the waterbody and Decimal Warm, Indirect, Riparian & In-stream** upwelling, spawning for when in- Insert GWP # Sampling Intermittent, source data (indicate source) rubble, gravel, sand, bank, fish passage barrier, species at risk and/ or Crossing # / degrees Cool, Cold Not Fish species areas, refugia, water work can Occurred Permanent or if obtained through file muck, etc. undersized CSP critical habitat present Station Habitat migratory routes occur investigation 2130-01-00 Crossing 1 - 43.751525 Sept 12, Permanent Warm Direct LIO: Goldfish, White Predominately No in-stream Weir structure Potential migratory No known aquatic July 1 – Don River -79.411419 2018 Sucker, Common Carp, cobble and gravel vegetation approximately 175 metres route for salmonids. SAR as per DFO March 31 West Branch Pumpkinseed, Common substrate with observed, and no downstream on golf Aquatic SAR Shiner, Northern Redbelly sand/silt intermixed riparian vegetation course lands, creating 80 mapping3. Dace, Bluntnose Minnow, and boulders present under centimetres perch/fish Eastern Blacknose Dace, artificially placed bridge. Forested passage impediment No aquatic SAR Longnose Dace, Creek along realigned riparian lands with (outside of ROW). identified by MNRF Chub, Rock Bass, portions. overhanging during background Remove construction Fathead Minnow2. trees/shrubs review. debris from watercourse. upstream and downstream of Naturalize sheet piling bridge. banks with boulder/ cobble shoreline. 2130-01-00 Crossing 2 - 43.764429 Sept 12, Permanent Cold Indirect No fish species Cobble mixed with No in-stream Two perched culverts No No known aquatic June 15 – Deerlick Creek -79.378342 2018 anticipated to inhabit broken concrete vegetation identified: 1) 1 metre important/exception SAR as per DFO September watercourse within blocks. observed. Riparian perch at highway culvert al fish habitat Aquatic SAR 30 assessed reach1. vegetation outlet (inside ROW); identified during site mapping3. consisted of and, 2) 1 metre perch visit. No surface feature could No aquatic SAR forested lands. approx. 125 metres be found upstream of identified by MNRF downstream at highway1. during background Silvergrove Road review. (outside ROW). 2130-01-00 Crossing 3 - 43.764000 Sept 12, Permanent Cold Direct LIO: White Sucker, Brook Upstream reach – No in-stream 2 metre perch at culvert No No known aquatic June 15 – Deerlick Creek -79.361459 2018 Stickleback, Common sand/silt substrate. vegetation outlet on east side of important/exception SAR as per DFO September Carp, Johnny observed. Leslie Street (outside al fish habitat Aquatic SAR 30 Downstream reach Darter/Tesselated Darter, Flood prone ROW). identified during site mapping3. – broken concrete Pumpkinseed, Emerald forested lands visit. blocks with Artificial substrate from No aquatic SAR Shiner, Common Shiner, upstream, steep cobble/boulders. broken concrete blocks Limited fish use due identified by MNRF Spottail Shiner, Eastern valley forest lands downstream – limits fish to perched culvert during background Blacknose Dace, downstream. passage/habitat use. downstream and no review. Longnose Dace, Creek feature upstream Chub, Fathead Minnow Culvert inlet blocked with (north) of Highway woody debris and 401. railroad ties (outside ROW) creating fish passage impediment. 2130-01-00 Crossing 4 - 43.763682 Sept 12, Ephemeral Cold Not fish No fish species No substrate No aquatic Not applicable. Not applicable. Not applicable. Not Unnamed -79.363194 2018 habitat anticipated to inhabit sorting observed vegetation applicable. Tributary to watercourse within within assessed observed. Forested Deerlick Creek assessed reach1. reach. Soils lands throughout consisted of assessed reach. forested drainage swale.

62 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Indicate if the information is Name of Direct, E.g. Ground water Timing window Insert Date Ephemeral, from background secondary E.g. Boulder, cobble, E.g. Perched culvert, eroding Indicate/ describe the waterbody and Decimal Warm, Indirect, Riparian & In-stream** upwelling, spawning for when in- Insert GWP # Sampling Intermittent, source data (indicate source) rubble, gravel, sand, bank, fish passage barrier, species at risk and/ or Crossing # / degrees Cool, Cold Not Fish species areas, refugia, water work can Occurred Permanent or if obtained through file muck, etc. undersized CSP critical habitat present Station Habitat migratory routes occur investigation 2130-01-00 Crossing 5 - 43.766396 Sept 12, Permanent Cold Direct Migratory Chinook Cobble with silt No instream Stabilize exposed Migratory route for No known aquatic June 15 – Don River East -79.359653 2018 Salmon observed during substrate in riffle vegetation soils/washouts under salmonids. SAR as per DFO September Branch site inspection1. segments. observed. existing bridge structure. Aquatic SAR 30 Sand/silt in pool mapping3. LIO: Brook Stickleback, No riparian segments. Common Carp, Common vegetation under Shiner, Creek Chub, existing bridge Eastern Blacknose Dace, structure. Riparian Emerald Shiner, Fathead grasses/shrubs with Minnow, Johnny overhanging trees Darter/Tesselated Darter, upstream and Longnose Dace, downstream of Pumpkinseed, Spottail highway. Shiner, White Sucker2. 2130-01-00 Crossing 7 - 43.766344 Sept 12, Ephemeral Not Not fish No fish species No substrate No aquatic Not applicable. Not applicable. No aquatic SAR Not Unnamed -79.347305 2018 applicabl habitat. anticipated to inhabit sorting observed. vegetation identified by MNRF applicable. Tributary to e. watercourse within Channel consists observed. during background Don River East assessed reach1. of drainage swale Riparian grasses review. Branch 2 though grass with sparse conifer lands. trees. 2130-01-00 Crossing 8 - 43.765950 May 9, Intermittent Cold Direct Anticipated to function as Gravel with sand No aquatic Perched culvert outlet on No No aquatic SAR June 15 – Unnamed -79.35716 2019 seasonal fish habitat and silt. vegetation south (downstream) side important/exception identified during September Tributary to given lack of water depth observed. Riparian of highway (inside al fish habitat background 30 Don River East and poor connection to forest with woody ROW). identified during site review. Branch 2 Don River East Branch1. debris. visit. Eroded washout No defined surface immediately to the east feature could be found of the culvert outlet. upstream of highway1. 2130-01-00 Crossing 9 - 43.765987 May 9, Permanent Cold Direct No known fish species Cobble with silt No aquatic Perched culvert outlet on No No aquatic SAR June 15 – Unnamed -79.353017 2019 present. Anticipated to substrate in riffle vegetation south (downstream) side important/exception identified during September Tributary to function as direct fish segments. observed, riparian of highway (inside al fish habitat background 30 Don River East habitat given direct Sand/silt in pool forest with ROW). identified during site review. Branch 2 connection to Don River segments. grasses/shrubs and visit. Damaged highway fence East Branch1. abundance of and debris around overhanging No defined surface culvert outlet, material vegetation. feature could be found slumping into upstream of highway1. watercourse. Notes: 1 Based on field observations completed by AECOM on September 12, 2018 and/or May 9, 2019 2 Based on data retrieved from Land Information Ontario (LIO) and MNRF Background Information Request. 3 DFO Aquatic Species at Risk Map, Ontario South West, Map 11 of 35 (http://www.dfo-mpo.gc.ca/species-especes/fpp-ppp/onsw-soon-11-eng.htm). * CRA Fishery - Commercial, Recreational or Aboriginal Fishery as defined by the Federal Fisheries Act. ** In-stream vegetation refers to emergent, submergent and floating aquatic vegetation

63 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

According to the DFO Online Aquatic Species at Risk (SAR) mapping (DFO, 2019), there are no federally listed aquatic SAR in the Study Area at any of the crossing locations. A search of the Natural Heritage Information Centre (NHIC) revealed a historic record of Redside Dace (Clinostomus elongatus) (1949) in the Study Area (MNRF, 2020). However, correspondence and fish community information received from the MNRF does not indicate the presence of Redside Dace in the Study Area. In addition, the Don River Watershed Plan (TRCA, 2009) also indicated that Redside Dace have not been captured in either the Don River East Branch or Don River West Branch since 1949. Therefore, there are no known aquatic SAR throughout the project limits.

4.1.5.1 Crossing 1 – Don River West Branch

Crossing 1 is located along the main channel of the Don River West Branch and flows in a southeast direction (Figure 31). Crossing 1 is located approximately 200 metres west of Yonge Street, and crosses underneath the existing Highway 401 structure. The existing piers at this structure were approximately 10 metres from the creek bank on either side.

The immediate surrounding lands downstream and upstream of Crossing 1 consist of forested lands. However, the Don Valley Golf Course is present along the shoreline both upstream and downstream of the crossing location which limits riparian cover. Approximately 175 metres downstream a weir 80 cm high was observed providing an impediment to upstream fish passage. No fish were observed during AECOM’s site visit although it is anticipated to function as direct fish habitat for a warmwater fish community based on the available habitat and background information. The assessed reach provides habitat for feeding and rearing and is non-limiting throughout with no important or exceptional habitat observed, no habitat classified as critical by the Species at Risk Act (SARA), and no aquatic SAR were identified. The MNRF warmwater timing restriction (i.e., no in-water work permitted from April 1 – June 30) will apply to in-water work proposed at this location.

64 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 31: Watercourse Crossing 1

65 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.5.2 Crossing 2 – Deerlick Creek

Crossing 2 is described as the Deerlick Creek crossing of Highway 401, approximately 700 metres east of Bayview Avenue (Figure 32). This watercourse flows in a southeast direction through the existing structure (Culvert A) at Highway 401. Culvert A consists of an approximately 1.5 metres diameter concrete culvert that is perched (1 metre) at the downstream outlet. A 6 metre by 6 metre pool is present just below the outlet. Upstream (north) side of Culvert A, a wetted channel and/or defined feature could not be identified. It is anticipated that creek flow originates from the park, highway, and stormwater drainage. Therefore, no fish habitat or sensitive aquatic habitat features were identified on the north side (upstream) of Culvert A. An additional culvert, Culvert B, was noted at the Silvergrove Road crossing approximately 125 metre downstream of Highway 401. Culvert B is also a concrete culvert that was perched (1 metre) at the outlet. Further downstream from the Culvert B outlet, Deerlick Creek traverses through a narrow (~30-50 metre) riparian corridor within a subdivision.

Based on the field observations described above, Deerlick Creek is characterized as indirect fish habitat upstream of Silvergrove Road (Culvert B) as shown on Figure 32. Due to the multiple in-stream barriers at Silvergrove Road (Culvert B) and upstream at the Culvert A (Highway 401) outlet and the absence of a defined feature upstream of the Culvert A, it is anticipated that impediment of fish movement would be restricted to the reach upstream of Silvergrove Road (Culvert B). The assessed reach therefore provides indirect fish habitat functions to downstream habitat (nutrient, food, flow conveyance) with no important or exceptional habitat observed, no habitat classified as critical by the Species at Risk Act (SARA), and no aquatic SAR identified. However, downstream of the perched culvert at Silvergrove Road, Deerlick Creek is anticipated to function as direct fish habitat.

The MNRF coldwater timing restriction (i.e., no in-water work permitted from October 1 – June 14) will apply to any in-water work proposed throughout Deerlick Creek, including in-water works in indirect fish habitat upstream of the Silvergrove Road culvert outlet.

66 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 32: Watercourse Crossing 2

67 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.5.3 Crossing 3 – Deerlick Creek

Crossing 3 is located along Deerlick Creek, which crosses underneath Leslie Street approximately 200 metres south of Highway 401 (Figure 33). The existing structure at this location consists of a concrete box culvert. A railway line also crosses this location to the west of Leslie Street. Deerlick Creek flows in an easterly direction and outlets into the East Don River Branch approximately 300 metres east.

No fish were observed on either the upstream or downstream side of the Crossing 3 structure. Fish passage is impeded throughout the Study Area due to the perched culvert outlet, debris jam at the inlet, and steep grade with large crushed concrete downstream of the culvert. Fish use is still anticipated upstream and downstream of the culvert, and fish may be washed downstream during rain events. Overall, the fish habitat would be characterized as poor given the limited direct fish use. However, fish may still use the plunge pool at the outlet for refuge, and at a minimum the reach would provide indirect fish habitat functions to downstream fish habitat (nutrient, food, flow conveyance). The assessed reach is non-limiting throughout with no important or exceptional habitat observed, no habitat classified as critical by the Species at Risk Act (SARA), and no aquatic SAR identified. The MNRF coldwater timing restriction (i.e., no in-water work is permitted from October 1 – June 14) will apply to any in-water works proposed throughout Deerlick Creek at Crossing 3 given the connection to downstream coldwater fish habitat.

4.1.5.4 Crossing 4 – Unnamed Tributary of Deerlick Creek

Crossing 4 was observed to be a poorly defined drainage swale at the southeast corner of the Leslie Street/Highway 401 interchange (Figure 33). The drainage feature originates approximately 40 metres south of Highway 401 in a forested area. The lands between the highway and swale consist of a grassed meadow and access road. The swale is located in a deep valley feature with no apparent surface source. A culvert outlet was not identified, and the soil was wet with a small trickle flow observed. The main function of the drainage feature at Crossing 4 is for surface flow and possible groundwater contributions, along with food and nutrient inputs.

Given that the feature within the highway ROW does not provide direct fish habitat and does not appear to provide significant indirect inputs to downstream fish habitat, an in- water work timing restriction will not apply at this location.

68 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 33: Watercourse Crossings 3, 4, 5 and 8

69 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.5.5 Crossing 5 – Don River East Branch

Crossing 5 is located on the main channel of the Don River East Branch. The Don River East Branch at Crossing 5 flows underneath Highway 401 in a southerly direction, approximately 250 metres east of Leslie Street (Figure 33). Upstream and downstream of the structure the Don River East Branch flows through a vegetated corridor with Betty Sutherland Trail on the east side. Moatfield Farm Park and Betty Sutherland Park are located immediately downstream, which provide a natural setting and additional riparian vegetation for the river.

The mean wetted width is approximately 15 metres upstream, underneath, and downstream of the Highway 401 structure. During the September 12, 2018 field investigation, a migratory Chinook Salmon was observed under the bridge travelling upstream and multiple Chinook Salmon were observed downstream of the structure. The assessed reach provides direct fish habitat for feeding and rearing and is characterized as important or exceptional habitat due to its function as a migratory corridor for salmonids. No habitat classified as critical by the Species at Risk Act (SARA) was observed, and no aquatic SAR were identified. The MNRF coldwater timing restriction (i.e., no in-water work permitted from October 1 – June 14) will apply to any in-water work throughout Crossing 5 at the Don River East Branch due to the fish species present.

4.1.5.6 Crossing 7 – Unnamed Tributary to Don River East Branch 2

Crossing 7 is located within the East Don Parkland to the southwest of the Don Mills Road/Highway 401 interchange (Figure 34). Crossing 7 is characterized as an ephemeral drainage feature that flows in a southwest direction. Two small drainage features were observed to originate in a grassed field and likely collect storm flows from nearby drainage ditches and storm drains. Both drainage features converge in a grassed field and both were dry throughout the Study Area during the September 12, 2018 field investigation. Riparian vegetation was sparse with grasses, coniferous trees, and recently planted trees. Based on the findings of the field investigation this feature does not provide direct fish habitat and does not appear to provide significant indirect inputs to downstream fish habitat by means of flow conveyance, food, or nutrients. The coldwater timing window as originally recommended by the MNRF will therefore not apply at this location.

70 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 34: Watercourse Crossings 7 and 9

71 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.5.7 Crossing 8 – Unnamed Tributary to Don River East Branch 3

Crossing 8 is located approximately 420 metres east of Leslie Street at Highway 401 (Figure 33). Two structures are located at this crossing and convey water in a southerly direction. A 1.5 metres diameter concrete storm drain (i.e. Culvert 1a) is located under the highway and a second storm drain (i.e. Culvert 1b) is located immediately east of the first culvert. Culvert 1b could not be found during the field investigation because of the collapsed soil and wash out at this location.

Overall, the fish habitat at Crossing 8 is considered poor and seasonal due to the lack of refuge pools throughout the channel and shallow water conditions (less than 5 cm). Fish would not be able to access the upstream (north) part of the channel due to the perched culvert outlet, and the upstream reach did not have a defined channel or any suitable fish habitat features. Given the direct connection to the East Don River Branch, the MNRF coldwater timing restriction (i.e., no in-water work permitted from October 1 – June 14) will apply at this location.

4.1.5.8 Crossing 9 – Unnamed Tributary to Don River East Branch 4

Crossing 9 is located approximately 500 metres west of Don Mills Road along Highway 401 (Figure 34) and consists of a concrete box culvert. On the upstream (north) side of the highway, the inlet of the structure consists of a catch basin along a poorly defined channel. The channel functions as a ditch system between the highway and an apartment complex, and no fish habitat features were observed. An abundance of woody debris and garbage were present within the channel, and a trickle flow of water was observed in the channel. On the downstream side, a 1.2 metres perch is present at the culvert outlet. The channel outlets into a steep valley system within Betty Sutherland Trail Park. A woody debris jam was noted at the Betty Sutherland Trail crossing, but fish would still be expected to access upstream and downstream reaches at this location. Within the East Don River Branch, a buried CSP may limit fish passage into the Crossing 9 unnamed tributary during low flow events. However, during the field investigation water was flowing overtop of the CSP.

Given the direct connection to the East Don River Branch the MNRF coldwater timing restriction (i.e., no in-water work permitted from October 1 – June 14) will apply at this location.

72 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.6 Waste and Contamination

4.1.6.1 Contamination Overview Study (COS)

A Contamination Overview Study (COS) was conducted for the Highway 401 corridor from Avenue Road to Leslie Street. The segment of the study area from Leslie Street to Warden Avenue was not included in the current review as it was previously assessed during the Preliminary Design phase and documented in the Highway 401 Rehabilitation from Leslie Street to Warden Avenue Contamination Overview Study Report (LGL Limited, March 2010).

The focus of the current COS was to identify any areas of potential contamination concern that may be impacted by the works proposed and warrant mitigation. The COS area of study consisted of the highway right-of-way (ROW) within the project limits from Avenue Road to Leslie Avenue and a 250 metres buffer zone. The investigation involved a review of aerial photographs, regulatory agency databases, municipal official plans, available environmental reports, and a visual assessment of the study area from publicly accessible lands. Site specific inspections or property owner interviews were not completed.

A site visit of the study area was carried out by AECOM on July 20, 2018. An analysis of the key findings was undertaken to determine the relative potential (high, medium and low potential) for soil and groundwater contamination in the study area. The analysis was generally based on current and historical land use (sources of contamination); and on surficial geology, hydrogeology and topography (contaminant migration and sensitive receptors). AECOM identified any facilities / properties of potential environmental concern and assigned COS ID numbers as illustrated in Figures 35 to 44.

The COS study area is located in a well-developed area in the City of Toronto. The land use in the area is primarily residential, with commercial, institutional and industrial developments, highway interchanges and major local roadways. Based on the records review and site visit, twenty-nine (29) COS ID parcels were identified as having a “high” potential for environmental contamination, and thirty-five (35) COS ID parcels were identified as having “medium” potential for environmental contamination within the study area. In addition, twenty (20) spill locations were identified as having “high” potential for soil and/or groundwater contamination.

73 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 35: Contamination Overview Study – Potential Contamination Ratings

74 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 36: Contamination Overview Study – Potential Contamination Ratings

75 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 37: Contamination Overview Study – Potential Contamination Ratings

76 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 38: Contamination Overview Study – Potential Contamination Ratings

77 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 39: Contamination Overview Study – Potential Contamination Ratings

78 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 40: Contamination Overview Study – Potential Contamination Ratings

79 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 41: Contamination Overview Study – Potential Contamination Ratings

80 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 42: Contamination Overview Study – Potential Contamination Ratings

81 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 43: Contamination Overview Study – Potential Contamination Ratings

82 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 44: Contamination Overview Study – Potential Contamination Ratings

83 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.1.6.2 Designated Substance Survey (DSS)

A Designated Substance Survey (DSS) was completed in June and August of 2019 by AECOM. The purpose of this survey was to identify and confirm the presence of any hazardous materials or designated substances that may be present at any of the structures and to provide recommendations for the safe removal of the substances prior to the scheduled rehabilitation work.

Two (2) bridges, 37-322 and 37-208/1, were assessed with assistance by Bridge Check Canada Ltd. (“Bridge Check”). The remaining three (3) bridges (37-206/1, 37-208/5 and 37-207/1) and one (1) culvert (Havenbrook Park Culvert Extension) were assessed without additional assistance from any contractors (i.e., Bridge Check, TCI Field Services Inc.). As a component of the DSS work, a general walk-through of the DSS Sites and immediate surrounding areas was conducted to check that all designated areas of the DSS Sites were included and hazards were identified. All five (5) bridges were open to vehicular traffic, and the one (1) non-structural culvert was structurally sound and open to surface water flow at the time the DSS review was conducted.

The results of the DSS are summarized below:

 Representative bulk samples of Transite conduit piping were found to contain 15% Chrysotile and 3% Crocidolite asbestos. The non-friable ACM Transite conduit was observed embedded within the concrete bridge wall foundation along the topside of bridge No. 37-208-5 only. The Transite was observed to be in poor condition and was mostly buried in soil and dirt which had migrated into the conduit. The conduit was observed along the south side of the bridge only. AECOM estimates that the Transite piping extends the entire length of the bridge along both sides. Therefore, AECOM estimates that there is a total of approximately 185 metres (approximately 610 linear feet) of the non-friable ACM Transite piping along both side of the bridge DSS Site. All ACMs must be removed from the Site, to all practical extent, prior to any work been completed at the bridge DSS Site. All ACM abatement work must be completed in accordance with O. Reg. 278/05 of the OHSA with procedures described above for confirmed ACMs at the Site. Waste asbestos materials must be disposed of off-site at a licensed landfill in accordance with O. Reg. 347, as amended, of the Ontario Environmental Protection Act.  Representative bulk samples of mastic compound were found to contain between 1 – 2% Chrysotile asbestos. The non-friable ACM mastic compound was observed along the topside of the concrete barriers under the metal railing anchor points of three (3) bridges only (37-206/1, 37-207/1, and 37-

84 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

208/5). The mastic compound was observed to be in generally good condition. AECOM estimates approximately thirty (30) anchor points along each side of the three (3) bridges inspected for an approximate total of sixty (60) anchor points per bridge for a total of approximately one-hundred and eighty (180) bridge railing, or 55 metres (~180 feet) across the three bridges inspected. Mastic compound observed at bridge No. 37-322 was found not to contain asbestos.  Representative bulk samples of road level asphalt collected for analysis from the five (5) bridge Sites were found not to contain asbestos. AECOM did not observe road level asphalt along the single non-structural culvert inspected by AECOM.  Representative bulk samples of waterproofing membrane were collected from one (1) bridge Site, 37-322 only. AECOM did not observe road level waterproofing membrane along the topside of the remaining four (4) bridge Sites of single non-structural culvert inspected by AECOM.  Representative samples of bridge barrier wall insulation from three (3) bridge Sites, 37-206/1, 37-207/1, and 37-208/5 were found not to contain asbestos. Bridge barrier wall insulation was not observed at the remaining bridge sites or single non-structural culvert inspected by AECOM.  Given the potential historical use of asbestos in many different bridge insulation and construction materials, the contractor should assume that the waterproofing membrane at all remaining four (4) bridge Sites, and barrier wall insulation along bridge Sites or project limits contains asbestos and sample where present immediately prior to any demolition work in order to confirm whether or not these materials contain asbestos. In accordance with Section 8 of the O. Reg. 278/05, the Owner of a Site (i.e., MTO), must treat all suspected insulation materials as though they contain ACM unless laboratory analysis confirms non-detect for asbestos content.  Prior to or during any scheduled demolition of the bridges, other suspected materials encountered during the removal work can either be sampled and submitted for analysis or otherwise assumed to contain asbestos and treated as such. Compliance with the regulations requires that in accordance with Section 8 of the O. Reg. 278/05, the Owner of a Site (i.e., MTO), must treat all unknown and/or suspected insulation materials as though they contain ACM unless laboratory analysis confirms non-detect for asbestos content.  AECOM observed potential lead-based paints on horizontal steel beams along the underside of three (3) bridge Sites. Paint samples 37-201/1-PT- 01,

85 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

37-208/1-PT-01/02, and 37-208/5-PT-01 were found to contain between 130,000 – 220,000 ppm of lead paint and therefore contained lead well above the recommended limit and therefore is considered lead containing paint. The paint was observed to be in good condition with minor peeling and flaking observed. All remaining potential lead-containing materials that may be disturbed during any scheduled work performed at any of the DSS Sites should be removed following O. Reg. 490/09, O. Reg. 213/91, and Lead guidelines. As much as possible, paint removal should be completed using hand-powered scraping tools or by disassembling painted components (i.e., disassemble steel beams, etc.).  There are no potential sources of sources of mercury, PCBs, mould, or ODS observed along any of the DSS Sites inspected by AECOM.  Free crystalline silica, in the form of common construction sand, is present in all concrete and masonry products, materials, and finishes within the bridge and single structural culvert. During the survey, the potential source of silica observed at the bridge, structural culverts, and retaining wall Sites included poured concrete decking, retaining walls, beams, foundations, abutments, footings, guardrails and structural culvert sections. The only silica product used in concrete is most likely silica fume, which is a finely divided product used in high strength concrete or in concrete with special requirements such as very low permeability. Silica fume is added to the concrete at a rate generally between five and ten percent of the weight of portland cement.  AECOM did not observe any suspected Asbestos-containing materials (ACMs), lead containing paints, mercury at the single non-structural culvert inspected by AECOM.  Other designated substances, including benzene, ethylene oxide, vinyl chloride, arsenic, coke oven emissions, acrylonitrile, and isocyanates were not observed or reported to be present at any DSS Sites inspected by AECOM. Based on the results of the inspections completed by AECOM, other Designated Substances are not expected to be present at the DSS Sites.

4.1.6.3 Waste Management Plan

A Waste Management Plan (WMP) was prepared for this project to identify potential contaminants and to address the proper disposal of any excess soil generated during construction. The WMP describes appropriate procedures for the handling, on-site reuse, transport, storage and off-site disposal of soils excavated during construction activities, as necessary. It also includes a description of engineering controls necessary

86 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) to ensure that works and other individuals in the vicinity are not affected by dust, particulates, or contaminated soil via inhalation, dermal contact or ingestion.

A geotechnical investigation was completed by Golder Consultants between June 2019 and January 2020. As a part of the combined investigation with Golder, AECOM retrieved 16 soil samples from 8 boreholes (DR-1, DR-6, DR-8, DR-9, DR-10, N/E RS-3, N/E RS-4 and VMS-1) and submitted for laboratory analyses.

To assess the environmental quality of the soil, the analytical results were compared with the Ministry of the Environment, Conservation and Parks (MECP) Table 3 Full Depth Generic Site Condition Standards (SCS) in a Non-Potable Groundwater Condition - Soil - Industrial/Commercial/Community Property Use - Coarse Textured Soils.

The following summarizes the findings from the Geo-Environmental Investigation completed by AECOM between June 3 and November 4, 2019:

 Sodium Adsorption Ratio (SAR) and/or Electrical Conductivity (EC) concentrations exceeded the applicable MECP Table 3 ICC SCS in fill/soil samples DR-1_2.5-4.5, DR-1_15-17, DR-6_2.5-4.5, DR-10_7.5-9.5, VMS- 1_5-7, VMS-1_22.5-24.5;  Barium exceeded the applicable MECP Table 3 SCS in fill/soil sample VMS- 1_5-7 and it is important to note that this sample was retrieved from slag fill material at this depth (between 5 to 7 ft below grade);  Boron (hot water soluble) exceeded the applicable MECP Table 3 SCS in fill/soil sample VMS-1_22.5-24.5;  All other concentrations of analyzed parameters met the applicable MECP Table 3 SCS;  One composite soil sample was prepared and submitted to the laboratory for metals inorganics toxicity characteristic leaching procedure (TCLP). Based on laboratory analyses, the soil cuttings from the geo-environmental investigation are classified as non-hazardous solid waste in accordance with Ontario Regulations 347 (as amended), Schedule 4 Leachate Quality Criteria for Non- hazardous material.

4.1.7 Groundwater

As part of this undertaking AECOM completed a hydrogeological assessment to confirm existing groundwater conditions and to determine if a Permit-To-Take-Water (PTTW)

87 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) would be necessary to address groundwater dewatering activities during construction. The results of the review were documented in a Technical Memo entitled Highway 401 Avenue Road to Warden Avenue Class EA / Detailed Design Evaluation of Need for an EASR/PTTW (AECOM May 2020).

Preliminary foundation investigations completed by Golder determined that overburden soil in the vicinity of the above noted areas consists of a fill layer of silty sand to sandy silt with gravel, underlain by sandy silt, silty sand with layers of clayey silt/silty clay (with sand) and/or sand till deposits which is further underlain by shale bedrock at approximate depth of 32 metres from the existing surface.

As summarized in the Contamination Overview Study from Avenue Road to Leslie Street. (AECOM, September 2019), MECP well records also identified five existing private drinking water wells present within the study area. All five water wells draw water from the deeper sand layer (greater than 30 metres below ground surface) or the overburden/bedrock interface aquifer. Based on well records, the wells were constructed in the 1950s for domestic (i.e., household) and/or irrigation purposes and are in an area of current commercial/industrial development. These were likely decommissioned with the onset of development in the area. Well decommissioning of the subject wells was not reported to MECP.

There are no municipal wells located within the study area. The study area and vicinity are municipally serviced and obtain potable water from a surface water source (i.e. Lake Ontario).

The project study area is in the Toronto Source Protection Area within the CTC Source Protection Region and is subject to the CTC Source Protection Plan. Several areas within the project limits as noted below are situated within proximity to sensitive areas:

 Highway 401/West Don River – Located within proximity to an Intake Protection Zone (3) and a Highly Vulnerable Aquifer (6).  Highway 401/Leslie Street – Located within proximity to a Highly Vulnerable Aquifer (6).  Highway 401/East Don River – Located within proximity to an Intake Protection Zone (3) and a Highly Vulnerable Aquifer (6).

Intake protection zones refer to the area on the water and land surrounding a municipal surface water intake. A Highly Vulnerable Aquifer refers to an aquifer that is vulnerable to contamination due to its location near the ground’s surface or because of the type of materials that surrounds it.

88 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.2 Socio-Economic Environment

4.2.1 Demographic Context

The Highway 401 corridor between Avenue Road to Warden Avenue travels east and west across the City of Toronto and through the administrative divisions of North York and Scarborough. Based on 2016 Statistics Canada census data, North York has a population of 691,5951 and Scarborough has a population of 632,0952. Furthermore, based on this census data, North York has 269,180 total private dwellings with a population density of 42 people per hectare. The majority of the population falls within the 25 to 64 age group (55% of the population) and the average age of the population is 39.8. The majority of private dwellings are apartment buildings that have 5 or more stories and the language spoken most at home is English. North York is located along the north-western border of Old Toronto and includes high-density residences, several large education facilities, rapid transit opportunities and has become a secondary economic hub of the City outside of the Downtown Toronto core. Several major controlled access highways pass through North York, including Highway 400, Highway 401, Highway 404, Allen Road, and the Don Valley Parkway. The section of Highway 401 which traverses through North York is one of the busiest sections of freeway in North America.

Based on 2016 Statistics Canada census data, the administrative division of Scarborough has 215.895 total private dwellings with a population density of 34 people per hectare. The majority of the population falls within the 25 to 65+ age group (70% of the population) and the average age of the population is 40.8. The majority of private dwellings include single-detached houses and apartment buildings that have 5 or more stories. The language spoken most at home is English, however Scarborough has a large immigrant population of 352,710. Scarborough's borders are Victoria Park Avenue (North York, East York, and Old Toronto) to the west, the Rouge River, the Little Rouge Creek and the Scarborough-Pickering Townline (Pickering) to the east, Steeles Avenue (Markham) to the north, Lake Ontario to the south and is on the eastern side of the Downtown core. The Highway 401 corridor runs east to west across the middle of Scarborough with six to eight lanes in each direction.

1. City of Toronto Planning 2016 Census Profile 2014 Wards CCA North York. (2018). Retrieved January 20, 2020, from https://www.toronto.ca/wp-content/uploads/2018/05/975e- City_Planning_2016_Census_Profile_2014_Wards_CCA_NorthYork.pdf 2. City of Toronto Planning 2016 Census Profile 2014 Wards CCA Scarborough. (2018). Retrieved January 20, 2020, from https://www.toronto.ca/wp-content/uploads/2018/05/8f80- City_Planning_2016_Census_Profile_2014_Wards_CCA_Scarborough.pdf

89 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.2.2 Land Use

As illustrated in Figure 45, there is a wide variety of land use in the area of the Highway 401 between Avenue Road and Warden Avenue. Land use consists of a combination of residential, commercial, educational, employment, industrial, and institutional uses. Residential is the primary land use within the area of study.

Environmentally sensitive areas are located adjacent the Don River East Branch and the Don River West Branch. There are also several parks in the area of the East Don River just west of the Leslie Street interchange. Havenbrook Park is situated on the north side of the Highway 401 corridor at this location and is connected to the Betty Sutherland Trail Park to the south via the Betty Sutherland Trail which passes under Highway 401. The Moatfield Farm Park is located on the west side of the East Don River at this location. The Don Valley Golf Course is located on the south side of Highway 401, west of the West Don River near Yonge Street.

4.2.3 Navigation

In August 2019 the Navigation Protection Act (NPA) was amended and renamed the Canadian Navigable Waters Act (CNWA). The Act includes a list of scheduled waterways within Canada that have been deemed navigable under the Act and that require regulatory approval from Transport Canada prior to the commencement of any work “in, on, over, under, through or across” these waterways. Alternatively, a non- scheduled water (i.e. not included on the Act’s schedule) may also still be considered navigable and therefore continues to be protected under the Act. A navigable water is one that the public has a right to use for travel or transport and can include a canal or any other body of water created or altered by construction.

Under the CNWA Minor Works may proceed without an application for approval as long as the works comply with legal requirements. For Major Works an approval is required for a major work constructed, placed, altered, rebuilt, removed or decommissioned in any navigable water. The application for approval is required whether or not the water is on the Act’s scheduled waters.

Within the project limits there are 9 waterbody crossings. None of the subject watercourses are included on the current List of Scheduled Waters. Only 1 of the crossings, the Don River East Branch, has a depth greater than 0.5 metres and a wetted width of 3.0 metres, the minimum measurements generally considered navigable by Transport Canada.

90 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 45: Land Use

91 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

As part of this process consideration was given to the historical use of the waterway as an aqueous route, the potential for the proposed improvements to impede navigation, and the need to implement any mitigation measures to minimize impacts. Secondary source reviews were undertaken and field visits were completed in the summer of 2018 to determine if any of the subject watercourses are used for navigable purposes.

Based on secondary source reviews (i.e. paddling.com, urbanpladdler.ca, and TRCA etc.), it was determined that recreational paddlers use the Don River approximately 10 kilometres south of the Highway 401 corridor for a “Paddle the Don” fundraiser, hosted by the TRCA. It is understood that paddlers launch from south of Eglington Avenue and head south towards Lake Ontario. The paddlers do not come as far north as Highway 401 and beyond. This is an annual fundraising event that takes place in May of each year with the purpose of connecting the community with nature and to raise awareness about the health of the Don River. TRCA advised via email Aug. 17, 2020 that the event is located further downstream of the proposed work area and should not be impacted by the proposed activities; however, they did direct that Transport Canada be contacted to discuss any CNWA approvals that may be required.

4.2.4 Noise

A Construction Noise Assessment was completed by AECOM in April 2018 to evaluate the potential noise impacts of the construction work on the nearby Noise Sensitive Areas (NSAs). As per the MTO Guide, NSAs typically include the following land uses, provided that an outdoor living area is associated with them:

 Private homes such as single-family residences (owned or rental);  Townhouses (owned or rental);  Multiple unit buildings, such as apartments; and  Hospitals, nursing/retirement homes, etc.

The area surrounding the Project is comprised of a mixture of commercial and residential usages. The nearest NSAs within 500 metres of the construction areas were identified for construction noise analysis. Noise predictions were conducted at representative receptors which were selected to be representative of the locations with the worst-case construction noise exposure for each NSA. Locations further removed from the construction site will have lower noise exposures from project related construction activities. A summary and description of the identified NSAs are provided in Table 10, with NSAs and representative receptor locations presented in Figures 46 to 50.

92 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Table 10: Noise Sensitive Areas within the Study Area

Approximate Representative NSA Number of Front Description Receptors Row Receivers NSA1 Single Family 4 Detached residences east end of Young Residences Boulevard NSA2 Single Family 38 Detached residences Northeast of Residences Highway 401 and Young Street interchange NSA3 Single Family 3 Detached and multi-residence buildings Residences and Multi- southeast of Young Street and Lord Residence Buildings Seaton Road interchange NSA4 Single Family 55 Detached, town home, and multi- Residences and Multi- residence buildings south of Highway Residence Buildings 401 between Young Street and Bayview Avenue NSA5 Single Family 47 Detached, town home, and multi- Residences and Multi- residence buildings north of Highway 401 Residence Buildings between Young Street and Bayview Avenue NSA6 Single Family 62 Detached residences south of Highway Residences 401 between Bayview Avenue and Leslie Street NSA7 Single Family 14 Detached, town home, and multi- Residences and Multi- residence buildings northeast of Highway Residence Buildings 401 between Bayview Avenue interchange NSA8 Multi-Residence 2 Multi-residence building northwest of Buildings highway 401 and Leslie Street interchange NSA9 Single Family 38 Detached and multi-residences buildings Residences and Multi- north of Highway 401 between Leslie Residence Buildings Street and Don Mills Road NSA10 Single Family 4 Detached and multi-residence buildings Residences and Multi- southwest of highway 401 and highway Residence Buildings 404 interchange NSA11 Single Family 16 Detached, town home, and multi- Residences and Multi- residence buildings northwest of Highway Residence Buildings 401 and Highway 404 interchange NSA12 Single Family 47 Detached, town home, and multi- Residences and Multi- residence buildings southeast of Highway Residence Buildings 401 and Highway 404 interchange

93 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Approximate Representative NSA Number of Front Description Receptors Row Receivers NSA13 Single Family 62 Detached residences south of Highway Residences 401 between Victoria Park Avenue and Warden Avenue NSA14 Single Family 43 Detached residences north of Highway Residences 401 between Victoria Park and Warden Avenue NSA15 Single Family 37 Detached residences north of Highway Residences 401 between Warden Avenue and Birchmount Road

94 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 46: NSAs and Representative Receptors – Overall Map

95 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 47: NSA and Representative Receptors – NSA 01 – NSA 05

96 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 48: NSA and Representative Receptors – NSA 06 – NSA 08

97 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 49: NSA and Representative Receptors – NSA 09 – NSA 12

98 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 50: NSA and Representative Receptors – NSA 12 – NSA 15

99 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

4.3 Cultural Environment

4.3.1 Archaeological Resources

Stage 1 Archaeology Assessment

During Preliminary Design, a Stage 1 Archaeological Assessment was completed for Highway 401 from Leslie Street to Warden Avenue and documented in a Stage 1 Archaeological Assessment Report (A.M. Archaeological Associates, Oct. 2009). The assessment concluded that the study area was deeply disturbed and that there was no further archaeological potential within the existing right-of-way. However, an area on the south side of Highway 401 between Leslie Street and Don Mills Road was identified as having archaeological potential given its proximity to the Don River and therefore a Stage 2 assessment was recommended if work is to occur beyond the existing MTO right-of-way at that location.

During the current undertaking, AECOM completed a Stage 1 review for the remainder of the study area extending from Avenue Road to Leslie Street and documented the results in the Rehabilitation of Highway 401 Eastbound Collector Lanes between Avenue Road and Leslie Street Stage 1 Archaeological Assessment (AECOM, Oct. 2019). Based on AECOM’s Stage 1 background study and optional property inspection it was determined that most of the archaeological potential has been removed throughout the study area as it has been subject to extensive land alterations that have significantly compromised the recovery of archaeological materials primarily through the construction of Highway 401 and associated infrastructure. However, as illustrated in Figure 51, one small area located northeast of Avenue Road and Highway 401 was identified as having archaeological potential and a Stage 2 assessment was recommended prior to any ground disturbance at that location.

During the current detailed design process, it was determined that property acquisition will be required to accommodate construction in the southeast quadrant of the Leslie Street interchange and as such, a Stage 2 AA was necessary to address archaeological potential in that area as per the recommendations of the earlier Stage 1 AA completed by A.M. Archaeological Associates in 2009. In July 2019, AECOM completed a Stage 2 AA of the subject area located on the south side of Highway 401 between Leslie Street and Don Mills Road. Permission to enter the property to conduct fieldwork, including the collection of artifacts when present, was provided by the City of Toronto since the property acquisition process was not yet finalized.

100 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 51: Stage 1 Archaeology Assessment Results

101 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

The results of the Stage 2 AA indicated that much of the study area was disturbed by previous road and highway construction as illustrated in Figures 52 and 53. Areas that were severely sloped and permanently low and wet were not tested. The remaining portions of the study area which were not visibly deeply disturbed were test pitted at 5 metres and judgmental 10 metres intervals. No archaeological resources were identified during the assessment.

In summary, the area within the existing Highway 401 corridor extending from Avenue Road to Warden Avenue as well as the localized areas outside the MTO right-of-way that were subject to a Stage 2AA are considered cleared of archaeological concerns.

4.3.2 Built Heritage Resources

Cultural Heritage Assessment Report

During Preliminary Design a heritage review was completed by Unterman McPhail and Associates for the Highway 401 corridor between Avenue Road and Leslie Street with the results documented in a Cultural Heritage Assessment Report (2010). As part of the current undertaking AECOM completed an update to existing conditions for the full length of the study area extending from Avenue Road to Warden Avenue and documented the results in the Rehabilitation of Highway 401 Eastbound Collector Lanes Between Avenue Road and Warden Avenue Cultural Heritage Assessment Report (AECOM, 2018).

The 2018 Cultural Heritage Assessment Report (CHAR) identified sixteen bridges in the study area that were more than 40 years old. All of these are provincially owned except for one, the Don Mills Road Underpass, which is owned municipally by the City of Toronto. The MTO Heritage Bridge Committee previously determined that none of their bridges are recommended for listing on the Ontario Heritage Bridge List. Similarly, the City of Toronto does not consider the Don Mills Road Underpass to be of heritage significance and they have not included it on the City’s heritage register or designated it under the Ontario Heritage Act. As such, all of the bridges within the Study Area previously assessed are confirmed not to have heritage value or interest and no further evaluation (i.e. CHER) is required.

Additionally, the heritage review of the study area identified two houses at 355 Lesmill Road as having heritage significance. These included the Clark Locke House which is a municipally designated property under Part IV of the Ontario Heritage Act (1994) and the William Goodwin House which is listed on the City’s Heritage Register. The location of these two properties can be viewed in Figures 54 and 55. Since the realignment of

102 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 52: Results of the Stage 2 Archaeology Assessment

103 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 53: Results of the Stage 2 Archaeology Assessment

104 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 54: Cultural Heritage Assessment – Location of Clark Locke House (355 Lesmill Road)

105 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 55: Cultural Heritage Assessment – Location of William Goodwin House (355 Lesmill Road)

106 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) the ramp from northbound Leslie Street to eastbound Highway 401 has the potential to impact the subject property the CHAR (AECOM, 2018) recommended that a Cultural Heritage Evaluation Report (CHER) be completed for the property at 355 Lesmill Road. AECOM subsequently completed a review of the two structures and documented the results in a CHER (AECOM, June 2018). It was determined that both the Clark Locke House and the William Goodwin House at 355 Lesmill Road have cultural heritage value or interest according to O. Reg 9/06. However, neither structure meets the criteria outlined in O. Reg. 10/06. The report concluded that a Heritage Impact Assessment (HIA) will only be required if the Heritage Attributes of the property will be impacted by the project with respect to its current use or if encroachment occurs as a result of the Highway 401 project now or in the future.

4.4 Transportation and Other Infrastructure

4.4.1 Road Network

Highway 401 (also known as the MacDonald-Cartier Freeway) is the primary through route across Southern, Central, and Eastern Ontario. It is the longest 400-series highway in Ontario beginning at Highway 3 in Windsor, and extending to the Quebec border, 828 kilometres to the east. Highway 401 has a design speed of 120 kilometres per hour and a posted speed of 100 kilometres per hour.

Within the study limits, the existing Highway 401 is an urban 12 lane highway (3 express and 3 collector lanes in each direction), with 2 jogging lanes (one in each direction) between the express and collector roadways, in addition to auxiliary lanes as applicable.

Through the study area, the existing Highway 401 is designated as an urban freeway divided (controlled access highway). The posted speed is 100 kilometres per hour.

The road network within the study area extends between the limits of Sheppard Avenue to the north, Avenue Road to the west, York Mills Road and Ellesmere Road to the south and Warden Avenue to the east.

Municipal Roads

The area is also serviced by a grid of arterial roads moving large volumes of mostly through traffic. Municipal collector roads collect traffic from the smaller local roads and provide additional access within the study area. These roads are all under the jurisdiction of the City of Toronto. Municipal roads in proximity to the project consist of the following:

107 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Sheppard Avenue: This is an east-west major arterial road located at a distance between 600 metres and 900 metres approximately north of Highway 401. It has 4 to 6 lanes with sidewalks on both sides. Its intersections with other major arterials and collector roads are signalized. Turning lanes are provided at most of its intersections.  Esther Shiner Boulevard: This is a recently built four-lane collector road located west of Leslie Street, about mid-way between Highway 401 and Sheppard Avenue. It provides access to major developments located between Highway 401, Leslie Street, Sheppard Avenue and Bessarion Road. Esther Shiner Boulevard has a grade separation under the CN/GO tracks. Its intersection with Leslie Street is signalized.  Lesmill Road: This is a two-lane collector road connecting Leslie Street with York Mills Road on the south side of Highway 401. The intersections of Lesmill Road with Leslie Street and the W-N/S ramp (of Leslie Street interchange) is signalized.  York Mills Road: This is an east-west arterial road located approximately 1.5 kilometres south of Highway 401. It connects between Yonge Street and Victoria Park Avenue. Its cross-section has six lanes west of the Don Valley Parkway and four lanes east of the Don Valley Parkway, with sidewalks on both sides. Its intersections with other major arterials and collector roads are signalized. Turning lanes are provided at most of its intersections.  Ellesmere Road: This is an east-west major arterial road located approximately 1.2 kilometres south of Highway 401. It starts at Victoria Park Avenue and continues easterly past Warden Avenue. It has four lanes with sidewalks on both sides. Its intersections with other major arterials and collector roads are signalized. Turning lanes are provided at most of its intersections.  Leslie Street: This is a north-south major arterial road located at the west limit of the study area. It has 6 lanes with sidewalks on both sides and crosses under Highway 401. Its intersections with other major arterials and municipal collector roads are signalized. Turning lanes are provided at most of its intersections.  The intersections of Leslie Street with the Highway 401 ramps W-N/S and E- N/S are signalized. On the north side of the interchange, the access to the Oriole GO station parking lot (under the Highway 401 lanes) is located across from the E-N/S ramp intersection. On the south side of the interchange, the intersection of Leslie Street and ramp W-N/S also provides access to Lesmill Road, which starts on the east side of this intersection.

108 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Don Mills Road: This is a north-south major arterial road located east of Leslie Street. It has 6 lanes with sidewalks on both sides and crosses over Highway 401. Its intersections with other major arterials and municipal collector roads are signalized. Turning lanes are provided at most of its intersections.

4.4.2 Bridges within the Study Area

As indicated, there are several bridge structures within the study area as follows:

 Highway 401 Eastbound Collector Lanes Over GO/MetrilinxTracks EB Collector (37-206/1): The first structure was built in 1955 and the designer was unknown. Foundation of Canada Engineering Corporation Limited (Fenco) designed the 1965 structure. The structure comprises steel I-beams with cast- in place concrete piers and abutments. The express lane structure has 13 beams, the westbound collectors has nine, and the eastbound collectors has eight. The 1955 piers comprise seven tapered rectangular columns joined with arched pier caps, rounded at the ends. The 1966 piers are circular columns with pier caps. The arched piers of the original 1955 structure remain; there are date stamps on the 1966 structures. The overhead carries 12 lanes of Highway 401 over Leslie Street and a GO/Metrolinx track used by GO Transit.  Highway 401 Eastbound Collector Lanes at Leslie Street (37-208/1): Designed by Ewbank, Tupper & Associates, later Ewbank, Pillar & Associates, City of Toronto and completed in 1964, this structure has seven welded steel plate girders per pier typically 1.98 metres on centre; two splayed, ‘T’-shaped concrete piers set on pile foundations. Plaques on the southeast and northwest corners of the handrail system indicate the bridge construction date and its rehabilitation in 2007. The underpass carries three northbound and three southbound lanes of Don Mills Road over Highway 401.  Highway 401 Eastbound Collector Lanes Over Don River East Branch (37- 207/1): The existing structure is a five-span continuous steel plate I girder bridge with a cast-in-place concrete deck slab. Span lengths measured from west to east along the profile control are 23.7 metre, three (3) of 24.1 metre, and 23.7 metre, for a total structure span length of 119.7 metre. The roadway width between the barriers is 28.0 metre in average and accommodates four lanes including a speed change lane for the Highway 401/Leslie Street Ramp S-E and two shoulders. The bridge has a tangent alignment. The existing bridge is supported on reinforced concrete abutments and piers. The abutments are founded on vertical and battered steel H-piles, driven approximately 28 metre into a Very Dense Silty Fine Sand and Layers Clay

109 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

(Till). The piers are founded on 457 millimetre to 508 millimetre diameter battered reinforced concrete caissons, approximately 11 metre long, terminated in the Very Dense Silt with Occasional Sand Layer. The bridge was constructed in 1965 under Contract 65-205. The structure was rehabilitated for the bridge deck in 1987 and substructures were rehabilitated under Contract 98-79.  Highway 401 Eastbound Collector Overpass to Southbound Don Valley Parkway/Highway 404 (Site No. 37-322): Designed by Foundation of Canada Engineering Corporation Limited (Fenco) and completed in 1965, this frame solid slab bridge with standard DHO parapet railings carries three Highway 401 EB collector lanes and two EB transfer lanes over Ramp W-N/S from Highway 401 EB express to Don Valley Parkway northbound and Highway 404 southbound. It is curved to match the alignment of the ramp from Highway 401 EB express to Don Valley Parkway SB.

4.4.3 Utilities/Servicing

The following utility companies have facilities located within the project limits:

 Toronto Hydro  Toronto Hydro Street Lighting  Enbridge Gas  Sun-Canadian Pipelines  Trans Northern Pipeline  Imperial Oil Limited (ESSO)  City of Toronto Water  Zayo (formerly Allstream)  Bell Canada  Telus Communications  Aptum (formerly Cogeco Data Services)  Rogers Cable & Communications  360 Networks City of Toronto municipal servicing infrastructure (storm and sanitary) is also present in proximity to the project.

110 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

5. The Recommended Plan

5.1 Design Details

As noted, the focus of this Design and Construction Report are the works associated with Contract 2 involving the reconstruction of the eastbound collector lanes to the south at the Leslie Street interchange and the reconstruction of 4 bridge structures at the following locations within the Leslie Street Interchange:

Other work includes the rehabilitation of the Highway 401 eastbound collector lanes bridge over the ramp to the Don Valley Parkway/Highway 404 (37-322), pavement rehabilitation throughout the project limits, replacement of steel beam guiderail with concrete barrier, existing steel noise barrier replacement, highway safety improvements, drainage improvements, upgrades to illumination, replacement of traffic signals at the Highway 401 eastbound off-ramp to Bayview Avenue and improvements to the Advanced Traffic Management System.

As noted in Section 1.0, Contract 1 is currently underway, and it is anticipated that Contract 2 will be initiated in the Spring of 2021 and be completed over a four-year period by Fall/Winter 2024 with a winter shutdown in between. Contracts 3, 4 and 5 will be completed in the future under a separate assignment.

5.2 Construction Staging

In order to accommodate traffic safety and efficient construction, construction staging is required to facilitate the proposed improvements. The following impacts to traffic are anticipated:

 The total number of existing lanes of traffic is anticipated to be maintained in the Highway 401 EB Collectors.

111 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 The Collector to Express Transfer at Highway 404/ Don Valley Parkway Interchange will be reduced to one lane for two construction stages (one construction season).  The Don Valley Parkway South – Highway 401 EB Collector Ramp will be reduced to a single lane for one stage (half of the construction season).  Nighttime lane closures are anticipated to be required for construction operations.  Ramps are anticipated to remain open at all times with the following exceptions:

− Weekend closure of the Leslie S – 401 E Ramp − Weekend closure of the Leslie N – 401 E Ramp − Nighttime closures (as required)

The overall staging of this project encompasses four (4) construction seasons as follows:

Year 1 (from Highway 404 to East of Warden Ave.)

Pre-Stage

◆ Reconstruction of the existing Highway 401 EB Collector inside shoulder from Highway 404 to East of Warden Avenue to take traffic during Stage No. 1A.

Stage 1A

◆ Removal of the existing asphalt overlay from the Highway 401 EB collector driving lanes. ◆ Reconstruction of the Highway 401 EB Collector outside shoulder, including curb and gutter, roadside barrier, storm sewers, rehabilitation of existing retaining walls and replacement of the impacted noise barrier. ◆ Repairs to the existing concrete base in the outside Highway 401 EB collector lanes. ◆ Reconstruction of Highway 404 N – 401 E Ramp bullnose and SCL shoulder, including curb and gutter and roadside barriers. ◆ Reconstruction of Highway 401/ Victoria Park Avenue interchange and Highway 401/ Warden Avenue interchange EB oriented Ramps, including curb and gutter, roadside barriers and pavement rehabilitation. ◆ Mill and resurface Victoria Park Avenue and Warden Avenue.

112 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Stage 1B ◆ Reconstruction of the Highway 401 EB Collector inside shoulder, including curbs, concrete barrier and storm sewers. ◆ Repairs to the existing concrete base in the inside EB collector lanes.

Year 2 (from West of Leslie Street to Highway 404)

Pre-Stage 2A ◆ Relocation of two existing HMLPs at the Highway 401/ Leslie Street interchange. ◆ Reconstruction of the existing Highway 401 EB separator from Sta 24+460 to Sta. 26+254, EB Collector inside shoulder from Sta. 24+460 to Sta. 27+453 and EB Collector to Express transfer inside shoulder to take traffic in the following stages. ◆ Reconstruction of the gore area at the Leslie N – 401 E Ramp and Leslie S – 401 E Ramp to take traffic in the following stages. ◆ Reconstruction of the gore area at the Highway 401 EB Collector and 401 Collector W – 401 N/ Don Valley Parkway South Ramp, including removal of curb and gutter, construction of concrete barrier and ditch inlet. Stage 2A ◆ Removal of the existing asphalt overlay from the Highway 401 EB collector driving lanes from Sta. 24+543 to Sta. 27+569. ◆ Construction of portion of realigned Highway 401 EB Collector, including new storm sewer, granulars, roadside barriers, concrete base and base course asphalt. ◆ Removal of 401 W – Leslie N/S Ramp structure and construction of portion of new Highway 401 EB Collector bridge over GO Transit/ Metrolinx adjacent to existing bridge. ◆ Construction of south portion of new Highway 401 EB Collector bridge over Leslie Street adjacent to existing bridge. ◆ Removal portion of existing Don River bridge and west abutment and construction of south portion of new Highway 401 EB Collector bridge over Done River adjacent to existing bridge. ◆ Construction of Havenbrook culvert extension. ◆ Construction of new Leslie S – 401 E Ramp and portion of new Leslie N – 401 E Ramp. ◆ Reconstruction of Highway 401 EB Collector outside shoulder, including curb and gutter, roadside barriers and noise barrier.

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◆ Repairs to the existing concrete base in the outside Highway 401 EB collector lanes from Sta.24+543 to Sta. 25+300 and from Sta. 26+330 to Sta. 27+569. ◆ Rehabilitation of the south side of the Highway 401 W Express – 404/ Don Valley Parkway Ramp structure and repair soffits and abutment walls on the west side of the structure. ◆ Construction of temporary widening of Highway 401 EB Collector to the south at the 401 W Express – 404/ Don Valley Parkway Ramp structure to take traffic in the following stages. Stage 2B ◆ Continue construction of portion of realigned Highway 401 EB Collector, including new storm sewer, granulars, roadside barriers, concrete base and base course asphalt. ◆ Continue construction of portion of new Highway 401 EB Collector bridge over GO/Metrolinx adjacent to existing bridge. ◆ Continue construction of south portion of new Highway 401 EB Collector bridge over Leslie Street adjacent to existing bridge. ◆ Continue construction of south portion of new Highway 401 EB Collector bridge over Don River adjacent to existing bridge. ◆ Continue construction of Havenbrook culvert extension ◆ Continue construction of new Leslie S – 401 E Ramp and portion of new Leslie N – 401 E Ramp. ◆ Continue reconstruction of Highway 401 EB Collector outside shoulder, including curb and gutter, roadside barriers and noise barrier. ◆ Continue repairing to the existing concrete base in the outside Highway 401 EB collector lanes from Sta. 24+543 to Sta. 25+300 and from Sta. 26+330 to Sta. 27+569. ◆ Rehabilitation of the middle portion of the Highway 401 W Express – 404/ Don Valley Parkway Ramp structure and repair soffits and abutment walls on the east side of the structure. ◆ Construction of the Highway 401 EB Collector / Collector-Express transfer bullnose and shoulders. ◆ Construction of the tie-ins of new Leslie S – 401 E ramp on Leslie Street and open Ramp for traffic.

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Year 3

Stage 3 (from East of Avenue Rd. to West of Bayview Ave.) ◆ Removal of the existing asphalt overlay from the Highway 401 EB collector driving lanes from Sta. 20+855 to Sta. 22+987, repair concrete base and place base course and surface course asphalt with nighttime full lane closures of Highway 401 EB Collector. Stage 3A (from West of Leslie Street to Highway 404) ◆ Continue construction of portion of realigned Highway 401 EB Collector, including new storm sewer, granulars, roadside barriers, concrete base and base course asphalt. Continue construction of portion of new Highway 401 EB Collector bridge over GO/Metrolinx adjacent to existing bridge. ◆ Continue construction of south portion of new Highway 401 EB Collector bridge over Leslie Street adjacent to existing bridge. ◆ Removal of remaining south portion of existing Don River bridge and construction of north portion of new Highway 401 EB Collector bridge over Don River adjacent to existing bridge. ◆ Continue construction of portions of new Leslie N – 401 E Ramp. ◆ Rehabilitation of the north portion of the Highway 401 W Express – 404/ Don Valley Parkway Ramp structure. ◆ Reconstruction of the Highway 401 EB Collector / Collector-Express transfer inside shoulders. ◆ Construction of tie-ins of new Leslie N- 401 E Ramp on Leslie Street and open Ramp to traffic. Stage 3B (from West of Leslie Street to Highway 404) ◆ Continue construction of portion of realigned Highway 401 EB Collector, including new storm sewer, granulars, roadside barriers, concrete base and base course asphalt. ◆ Continue construction of portion of new Highway 401 EB Collector bridge over GO/Metrolinx adjacent to existing bridge. ◆ Removal of south part of existing bridge and construction of north portion of new Highway 401 EB Collector bridge over Leslie Street adjacent to existing bridge.

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◆ Removal of remaining south portion of existing Don River bridge and construction of north portion of new Highway 401 EB Collector bridge over Don River adjacent to existing bridge. ◆ Removal of temporary widening at the 401 W Express – 404/ Don Valley Parkway Ramp structure and reinstate existing OHSS and HMP.

Year 4 (from West of Bayview Ave. to Highway 404)

Pre-Stage 4A ◆ Reconstruction of the existing Highway 401 EB inside shoulder from Sta. 22+987 to Sta. 24+543 and outside shoulder from 22+987 to Sta. 23+146 to take traffic in the following stages. Stage 4A ◆ Removal of the existing asphalt overlay from the Highway 401 EB collector driving lanes. ◆ Reconstruction of Highway 401 EB Collector outside shoulder, including curb and gutter, roadside barriers and storm sewers. ◆ Modification of existing retaining walls and installation of new noise barrier between Bayview Ave. and Leslie Street ◆ Repairs to the existing concrete base in the outside Highway 401 EB collector lanes. ◆ Reconstruction of Highway 401/ Bayview Avenue interchange EB oriented Ramps, including curb and gutter, roadside barriers and pavement rehabilitation. ◆ Mill and resurface Bayview Avenue. ◆ Complete construction of north portion of new Highway 401 EB Collector bridge over Leslie Street adjacent to existing bridge. Stage 4B ◆ Reconstruction of the Highway 401 EB Collector inside shoulder from Sta. 22+987 to Sta. 24+543, including curbs, concrete barrier and storm sewers. ◆ Repairs to the existing concrete base in the inside EB collector lanes. ◆ Construction of the Highway 401 EB Collector separator from Sta. 24+543 to Sta. 25+327 and from Sta. 26+055 to Sta. 26+696. ◆ Construction of Highway 401 EB Express to Collector transfer separator. ◆ Placement of upper binder course and surface course asphalt pavement on Highway 401 EB Collector, Ramps and Transfers.

116 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

5.3 Property Acquisition

A culvert extension of 13.0 metres is required to the existing culvert located just east of the East Don River crossing. As shown in Figure 56 property is required to accommodate the culvert extension as well as the temporary access roads that will need to be constructed to access the bridge (identified in red) and the culvert (identified in blue). In addition, a small triangular portion of property, adjacent to the east side of Leslie Street south of the ramp will be required to accommodate a utility relocation. The subject areas are being acquired from the City of Toronto in advance of construction.

5.4 Advance Traffic Management System

The main Highway 401 trunk fibre optic cable, an existing VMS, one CCTV site at the Leslie Street Interchange and VDS within the project limits are anticipated to be impacted by the proposed civil works. Existing Advance Traffic Management System (ATMS) facilities will be relocated, protected, and upgraded, as necessary. Temporary ATMS provisions will be included to minimize operational downtime of the ATMS components.

5.5 Electrical

Electrical improvements will consist of the following:

 Illumination: The existing high mast lighting poles located south of Highway 401 at the Leslie Street interchange will be affected by structure widening and will need to be relocated/replaced. Temporary lighting will be required along Highway 401 to maintain existing illumination levels where the existing system is impacted by construction. Permanent highway illumination will be reinstated, and underpass municipal lighting will be replaced as part of the work. Existing high mast lighting poles located at the Highway 401/Highway 404/Don Valley Parkway, Victoria Park Avenue and Warden Avenue Interchanges currently equipped with HPS luminaires will be converted to LED modules. Underpass lighting at the Highway 401/Highway 404/Don Valley Parkway structure will be replaced with LED fixtures.  Traffic Signals: The existing traffic signals at the Highway 401/Bayview Avenue Interchange South Ramp Terminal will be replaced. This will include implementation of AODA requirements, partial illumination, use of non-intrusive detection and coordination with the City of Toronto Transportation Services. Protection/re-instatement of traffic counting loops/stations, evaluation of power supply capacity and embedded work in structures will also be included.

117 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 56: Property Acquisition and Temporary Access Roads

118 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

5.6 Noise

The existing noise barrier between Bayview Avenue and Leslie Street is approximately 30 years old and made of reflective material. A portion of this noise barrier is being replaced as part of Contract 1, the remainder of both ground mounted and structure mounted noise barrier on the south side of the Highway 401 corridor will be replaced as part of the current undertaking with new noise barrier made of absorptive material.

The existing noise barriers east of the Highway 404/Don Valley Parkway Interchange were recently replaced and do not require replacement. The existing noise barriers that extend from east of Avenue Road to west of Bayview Avenue were recently constructed and do not require replacement. The remainder of the existing noise barrier, west of Bayview Avenue is older absorptive noise barrier but also does not require replacement.

5.7 Drainage Improvements

To accommodate the proposed realignment of the Highway 401 eastbound collector lanes, ramp realignments and future lane realignments a new surface drainage system is proposed for the eastbound collector lanes. The new system will consist of catch basins, catch basin manholes, leads and storm pipes, and will be designed in accordance with the MTO Highway Drainage Design Standard for Surface Drainage.

The new storm sewers will maintain existing connections with the current drainage system along the eastbound express lanes and will be designed with the capacity to convey drainage from the full width of the reconfigured layout of the highway and associated future lane configurations. For the ultimate lane configuration, the highway drainage will be conveyed southerly to outlet to the south side of the highway, whereas currently some highway runoff drains to the north.

Previous condition assessments (CCTV) were reviewed for storm sewers within the realignment portion of the project. Depending on the location and depth of the storm sewers identified to be in poor condition, they will either be replaced-in-kind or lined.

There are two (2) culverts within the realignment portion of the project as follows:

 Havenbrook Culvert (sta. 26+190): This culvert will be extended by 13 metres to accommodate the highway realignment and will be designed in accordance with the Highway Drainage Design Standards as outlined in WC-10 Culvert Extensions. An existing storm sewer outlet situated in proximity to the

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Havenbrook Culvert (south side, east bank of East Don River) will also be reinstated.  Deepglade Culvert (sta. 26+590): This culvert will not require extension.

Additionally, clearing and grubbing of the existing ditch outlet located in the southwest quadrant of the East Don River will be completed for approximately 40 linear meters of the drainage swale within the ROW to accommodate the Leslie Street eastbound on- ramp. Approximately 30 linear meters of the same drainage swale within the ROW will be infilled to accommodate the Leslie Street eastbound on-ramp.

The bridge over the East Don River (25+910 to 26+010) will be extended to accommodate the realigned highway. The hydraulic design of the structure will be completed in accordance with the Drainage Design Standard for Watercourses: WC-1 Design Flows (Bridges and Culverts) including the following:

 The required 50-year Design Flow Return Period will be met for the extended culvert with a span less than or equal to 6.0 metres on this Freeway.  The required 100-year Design Flow Return Period will be met for the extended culvert and bridge with a span greater than 6.0 metres on this Freeway.

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6. Environmental Issues and Commitments

This section presents an overview of the potential temporary and permanent impacts to the natural, socio-economic and cultural environments, as well as transportation effects associated with the design and construction of the recommended plan. The environmental protection and mitigation measures proposed prior to, during and post construction to avoid or minimize the impacts including commitments to future work are also identified. A summary of mitigation, protection and future commitments is presented in Table 14.

6.1 Natural Environment

For the majority of the study area, the works proposed will be generally confined to within the existing Highway 401 ROW, except in the area of the Leslie Street interchange where the eastbound collector lanes will shift to the south and four (4) bridge structures will be reconstructed. As illustrated previously in Figure 56, the southeast quadrant of the Leslie Street interchange is the only location where work will be required outside the existing MTO right-of-way and where property will be required.

6.1.1 Erosion and Sediment Control

The excavation, placement, and grading of earth material has the potential to result in the release of sediment into roadside drainage and adjacent watercourses or waterbodies. Effective erosion and sedimentation control will be achieved throughout the project with stringent construction supervision, monitoring of the site, and maintenance of control works throughout their operational life.

Recommended Mitigation

The Contractor will prepare a Plan for the control of erosion and sediment. It will include, but not be limited to the following:

 OPSS 802 Construction Specification for Topsoil;  OPSS 804 Construction Specification for Seed and Cover  OPSS 805 Construction Specification for Temporary Erosion and Sediment Control Measures

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 SSP 805F01 – Light Duty Silt Fence Barriers - Sediment fencing shall be installed along the construction footprint within 30 metres of Don River West Branch, Deerlick Creek and Don River East Branch as well as associated tributaries (taken from Terrestrial Report);  Operational Constraint - Erosion and Sediment Control  Operational Constraint – General Erosion and Sedimentation Control  Erosion and sediment controls shall isolate areas of exposed soils and provide protection to limit potential impacts from erosion and sedimentation in areas adjacent to the culvert ends. All areas of exposed soils with the potential to impact adjacent watercourses / wetlands will be stabilized with topsoil and seed immediately following construction;  Erosion and sediment control structures shall be designed, installed, maintained, and removed according to the latest OPSS Guidelines;  The extent and duration that disturbed soils are exposed to the elements shall be minimized;  Seed mix and / or mulch, and topsoil shall be placed in areas of soil disturbance to provide adequate slope protection and long-term slope stabilization;  Rock-check dams (or equivalent flow checks) will be placed as necessary at appropriate intervals in roadside ditches down gradient from areas of soil disturbance to trap suspended sediments and reduce the erosive force of runoff;  Delineate storage, stockpiling and staging areas prior to construction and inspect them in accordance with the Ontario Ministry of Transportation Construction Administration and Inspection Task Manual;  Ensure that material generated during maintenance of sediment control measures (i.e. filter socks, straw bales, silt fence, etc.) will be taken off-site for disposal;  Following construction, once disturbed areas have stabilized, all temporary erosion and sedimentation controls shall be removed; and  Erosion and sediment control structures shall be routinely inspected as well as checked after storms and repaired as required. The structures will be cleaned out when accumulated sediment reaches half the design height.

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6.1.2 Vegetation and Designated Natural Areas

The Construction Disturbance Area (CDA) includes the outermost limit of new construction, clearing and grubbing, grading and temporary staging areas. The majority of vegetation removals will occur in the vicinity of the Leslie Street Interchange. The wooded ecosites in that area are within the Deerlick Creek and East Don River valley corridors which contribute to the City of Toronto Natural Heritage System and are designated Urban River Valley under the Greenbelt Plan. Most removals are limited to within the Highway 401 ROW, which is typically represented by Dry – Moist Old Field Meadow (CUM1-1) with sparse woody vegetation of mostly shrubs and saplings and few mature trees; however, some vegetation removal within the ROW may also include edges of forest and cultural woodland communities.

There is no potential to impact Areas of Natural and Scientific Interest (ANSI)s or Provincially Significant Wetlands (PSWs) as these do not occur within the Study Area. During construction there is the potential to indirectly impact vegetation communities adjacent the ROW as noted below if proper mitigation is not implemented:

 Fill and sediment deposition within vegetation communities: During grubbing or grading of the site, fill and sediment runoff from the active construction area may enter vegetation communities and adjacent watercourses, if not appropriately controlled.  Soil or water contamination (including groundwater): Oil, gasoline, grease and other materials from construction equipment, materials, storage and handling may enter vegetation communities and adjacent watercourses, if not appropriately managed.  Introduction or spread of invasive species: Vegetation clearing and grubbing or grading and movement of construction equipment may perpetuate the establishment of invasive species in new areas and further spread in already established areas if control measures are not implemented.

Overall, the potential to adversely impact vegetation, ELC communities and designated natural areas is anticipated to be minimal provided that the recommended mitigation is implemented.

123 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Recommended Mitigation

Implementation of the following mitigation will assist in minimizing impacts to area vegetation:

 Construction material shall be stored within an authorized location and any soil stockpiles shall be located within a suitable sediment fenced and protected location;  The construction disturbance area shall be clearly delineated to define the working area and to prevent accidental intrusion into adjacent vegetation;  OPSS-180: General Specification for the Management of Excess Materials;  OPSS-201: Construction Specification for the Clearing, Close Cut Clearing, Grubbing and Removal of Surface and Piled Boulders;  OPSS-801: Construction Specification for the Protection of Trees;  OPSS-804: Construction Specification for the Seed and Cover.  OPSS-805: Construction Specification for Temporary Erosion and Sediment Control;  OC Cleaning of Equipment and Invasive Species Prevention: All machinery, construction equipment and vehicles should be washed prior to leaving the construction site in order to prevent the spread of invasive species to other locations.  Vegetation removal, grading and soil compaction shall be kept to a minimum;  A tree inventory, arborist report and Tree Protection Plan will be required to obtain permits to injure or remove trees beyond the MTO ROW in accordance with City of Toronto by-laws;  Restoration of Vegetation: Any woody vegetation removed during the proposed works will be replaced with a similar native species. Seed mixes that include common milkweed and native flowering plants should be used to rehabilitate or restore areas of herbaceous vegetation temporarily disturbed during proposed works. (refer to landscape drawings for vegetation restoration).

6.1.3 Wildlife and Wildlife Habitat (Including Terrestrial SAR)

Vegetation communities, particularly within the Deerlick Creek and Don River valleys, provide breeding habitat and movement corridors for a variety of wildlife including

124 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

SOCC and/or birds protected under the MBCA. SOCC and their habitats potentially affected by proposed works include Eastern Wood-pewee, Common Nighthawk, Wood Thrush, Snapping Turtle and Monarch. Furthermore, migratory birds may use humanmade structures, isolated trees and shrubs as well as suitable ground cover for nesting. Table 11 summarizes the amount of vegetation and potential habitat to be impacted by the works proposed.

Table 11: Summary of Potential Effects on Terrestrial Ecosystem Features

Size (ha) ELC Vegetation Potentially Affected Potentially Affected Size (ha) within Code Community SWH SAR or SAR habitat CDA (%) FOD5-3 Dry – Fresh 2.31 0.23 • Candidate habitat for • Bat SAR: Sugar Maple – (10.1) the following SOCC: − Eastern Small- Oak Deciduous − Eastern Wood-Pewee footed Myotis Forest Type − Wood Thrush − Little Brown Myotis • Candidate significant − Northern Myotis bat maternity colonies − Tri-coloured Bat FOD5-7 Dry – Fresh 4.76 0.12 (2.6) • Candidate habitat for • Bat SAR: Sugar Maple – the following SOCC: − Eastern Small- Black Cherry − Eastern Wood-Pewee footed Myotis Deciduous Forest − Wood Thrush − Little Brown Myotis Type • Candidate significant − Northern Myotis bat maternity colonies − Tri-coloured Bat FOD7-3 Fresh – Moist 3.52 0.15 (4.3) • Candidate habitat for • Bat SAR: Willow Lowland the following SOCC: − Eastern Small- Deciduous Forest − Eastern Wood-Pewee footed Myotis Type − Wood Thrush − Little Brown Myotis − Northern Myotis − Tri-coloured Bat CUW1 Mineral Cultural 11.66 0.35 (3.0) • Candidate habitat for • Bat SAR: Woodland the following SOCC: − Eastern Small- − Eastern Wood-Pewee footed Myotis − Common Nighthawk − Little Brown Myotis − Tri-coloured Bat CUM1-1 Dry – Moist Old 45.19 5.25 • Candidate habitat for • None Field Meadow (11.6) the following − Monarch − Common Nighthawk Total - 67.43 6.11 (9.1) - -

The potential for the works proposed to impact breeding birds and area wildlife including SAR is further summarized as follows:

 Breeding Birds: No nests of MBCA protected species were observed on, under or in structures likely affected by construction activities; however, there is potential for nests to potentially be present given the period of time that has lapsed since the field investigations were conducted during detail design. As

125 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

such, structure replacements or rehabilitation have the potential to result in the disturbance or displacement of birds protected under the MBCA and destruction of their nests if conducted during the overall bird nesting period of April 1 to August 31. Additionally, vegetation removal has the potential to disturb or displace nesting birds including SOCC and/or species protected under the MBCA and destroy their active nests where there are trees or shrubs or suitable ground vegetation cover, if activities are conducted during the overall bird nesting period of April 1 to August 31.  Wildlife and Wildlife Habitat: Vegetation removal may result in the direct or indirect loss of wildlife habitat including candidate SWH (refer to Table 11), such as habitat for SOCC and bat maternity colonies. The majority of the impacts are temporary as vegetation will be re-established / rehabilitated following the completion of construction activities.  Turtles: Re-construction of the Highway 401 EB Collector bridge over the Don River East Branch (Site 37-207/1) has the potential to impact Snapping Turtles (Special Concern) using the watercourse as wintering habitat or movement corridors. Stockpiles may provide suitable turtle nesting habitat. Snapping Turtles dig nests in late May or June and therefore, access to stockpiles placed prior to June 30 may result in the destruction of turtle nests.  Barn Swallow: Barn Swallow may be negatively affected by vegetation removal and potentially through other construction activities, such as the replacement of structures that provide suitable nesting. Although no nests of this species were identified on, under or in structures likely affected by construction activities, there is potential for them to occur given the time lapsed since field investigations were completed. This species was also observed foraging in the vicinity of the Leslie Street Interchange incidentally during nest surveys conducted on June 18 and June 27, 2019. Structure replacements or rehabilitation may therefore result in the disturbance or displacement of Barn Swallow and destruction of their nests if conducted during the overall bird nesting period between April 1 to August 31.  Bank Swallow: While neither Bank Swallow nor their habitat were observed during field investigations, the species is known to occur in the vicinity of the project based on the background review. Bank Swallow may nest in stockpiles placed in the Study Area where vertical or near-vertical (at least 75°) surfaces of suitable material (typically fine sand or silt) are available. It is expected that this project will require bridge preloading for the Leslie Street/ Highway 401 E. ramp fill area for a period of 6 months extending from Fall 2020 to April 2021. As such, if access to suitable stockpiles is required during

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the overall bird nesting period between April 1 to August 31, then disturbance or displacement of Bank Swallow and destruction of their nests could potentially occur if they nest in the stockpiled material.  SAR Bats (Endangered): As indicated, a total of 46 suitable maternity roost trees for bat SAR were identified during targeted field investigations completed on May 3, 2019. Of these, 29 are snags/cavity trees suitable for use by Little Brown Myotis and/or Northern Myotis while 22 are suitable for use by Tri-colored Bat. The majority of these trees will be protected to the extent possible; however, it is anticipated that removal of 10 suitable maternity roosts for Little Brown and Northern Myotis and 12 suitable maternity roost trees for Tri-colored Bat (19 trees total) cannot be avoided. Suitable maternity roost locations (e.g., rock outcrops containing crevices) for Eastern Small-footed Myotis were not identified within or adjacent to the surveyed areas but may occur elsewhere within the Study Area. This species has been rarely observed to roost in snags and is therefore unlikely to be affected by proposed works. Bat SAR may be disturbed/displaced as a result of increased noise associated with construction and / or inadvertently killed or injured as a result of the removal of or accidental damage to suitable maternity roost trees if vegetation clearing occurs during the bat roosting season between March 31st and October 1st. Construction has the potential to impact approximately 0.86 ha of suitable maternity roost habitat, represented by forest communities and cultural woodland; however, the removals will be limited to the edges of these communities and is therefore considered to be minimal given the landscape context. The contiguous woodland in the vicinity of the Leslie Street Interchange encompass approximately 31 ha, the majority of which will be retained with only 2.7% being directly affected as a result of the Project. The removal of the aforementioned habitat is not expected to impair or eliminate the function of the habitat to support SAR bat life processes and as such, the potential for impact is expected to be minimal provided the mitigation as recommended is implemented during construction. Given the landscape context and proposed compensation, it is anticipated that the removal of 0.83 ha of potentially suitable bat SAR habitat, 10 snag/cavity trees and 12 trees suitable for Tri-colored Bat will not impair or eliminate the functionality of retained forests and cultural woodland and will not require authorization under the Endangered Species Act (ESA).

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A SAR Avoidance Letter was submitted to the Ministry of Natural Resources (MNRF) Aurora District Office dated February 26, 2020 to address potential impacts to SAR bats.  Butternut Tree: The area subject to tree removals in the southeast quadrant of the Leslie Street interchange was reviewed for this species during the May 3, 2019 field survey; however, none were observed. No impacts to Butternut are anticipated as no vegetation removal is proposed in the vicinity of the Don Valley Golf Course where this species is known to occur.  Chimney Swift: No impacts to Chimney Swift are anticipated as no buildings will be demolished.

Overall, the potential effects to wildlife and wildlife habitat are expected to be minimal provided that the mitigation as recommended is implemented during construction.

Recommended Mitigation

The following Ontario Provincial Standard Specifications (OPSS), Special Provisions (SP), Non-standard Special Provisions (NSSP), Operational Constraints (OC) and other identified measures will assist in mitigating potential impacts to breeding birds and area wildlife, including SAR:

◆ NSSP - OC Migratory Bird Protection

 To avoid impacts to migratory birds, including potential SAR breeding birds (and SAR Bats), vegetation removal, including clearing and grubbing, shall be avoided between March 31st to October 1st. (Note: Normally, the restriction period would be from April 1st to August 31st to address breeding birds; however, given that a more restrictive period is necessary to address SAR bats (i.e. no vegetation removals from March 31st to October 1st) the more restrictive period will apply));  If vegetation removal must occur within this time period, active nest searches must be conducted prior to vegetation removal by a qualified biologist within ‘simple habitats’ (e.g., manicured lawn) or if minor vegetation clearing is required, to ensure that no active nests of breeding migratory birds or bird SAR are destroyed, in order to prevent contravention of the MBCA and/or the ESA;  The Contractor shall avoid destroying nests of migratory birds;  Structures likely to be affected by construction, particularly Highway 401 bridge structures over the Don River East Branch, provide suitable nesting

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habitat despite lack of migratory or SAR bird nests observed during field investigations on July 7, 2018. As such, it is recommended that structures be examined prior to replacement or rehabilitation to confirm the presence or absence of migratory or SAR bird nests. If birds are observed nesting in, under or on the structure during the pre-construction surveys, a qualified biologist shall be consulted to determine the appropriate steps to be taken to reduce impacts to wildlife and avoid a potential contravention of the MBCA and/or the ESA. Furthermore, work at the Don River East Branch Bridge (37- 207/1) is scheduled to occur between May 2022 and November 2023 (i.e., during the overall bird nesting period of April 1 to August 31); therefore, it is recommended that nesting prevention measures be implemented at this location regardless of the outcome of pre-construction surveys.

◆ SP 100S14 Amendment to MTO General Conditions of Contract

 If the Contractor encounters Species at Risk as defined in clause GC 3.07.01 not otherwise identified in the Contract Documents within the Contract limits that are likely to be impacted by the Contractor’s operations:

− The Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. − Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, according to subsection GC 7.11, Suspension of Work. − Any delay in the completion date of the Contract that is caused by such a cessation of construction operations shall be considered to be beyond the Contractor's control according to clause GC 3.07.01. − Any increases in the cost of the work to be done that are caused by such a cessation of construction operations shall be considered as a Change in the Work according to clause GC 3.10.01.01. − Any work directed or authorized in connection with the unexpected presence of Species at Risk shall be considered as Changes in the Work according to clause GC 3.10.01, Changes in the Work.

◆ OC Protection of Species at Risk

 Worker Awareness: The contractor shall make certain that personnel working on the site are aware of potential SAR that could be encountered on the work site and that the species are protected by law.

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 On-site staff shall receive training on SAR potentially present within the Construction Disturbance Area and understand the reporting requirements should a SAR be observed.  Any SAR observations should be reported to the Contract Administrator who will contact the appropriate agencies (i.e. MTO and MECP) and protection must be implemented immediately to ensure compliance with the ESA (2007) and/or SARA (2002).  Should a SAR be observed within the work area, works in the immediate vicinity should be stopped and an on-site qualified biologist shall be contacted to confirm the species identification and, if necessary, relocate the individual to suitable habitat outside of the Construction Disturbance Area.  SAR Bats:

− All vegetation removal within suitable maternity roost habitat for bat SAR habitat shall occur outside of the bat roosting season between March 31st and October 1st and can only proceed upon confirmation from MECP. − During the bat roosting season between March 31st and October 1st, any construction activities within 30 metres of suitable maternity roost habitat will be restricted to daylight hours when possible to minimize duration of disturbance. − Compensation: To compensate for the removal of 10 snags/cavity trees: ➢ Three (3) rocket boxes shall be installed within suitable maternity roost habitat for bat SAR in the vicinity of the Leslie Street Interchange, strategically placed adjacent to foraging habitat (e.g., forest or cultural woodland gaps or edge, Don River East Branch). ➢ Rocket boxes are similar in size and installation to standard bat boxes but considered better design, permitting full freedom of movement within the structure for better thermal regulation. The contractor may use either the BCM Rocket Roost Model (available for purchase through Bat Conservation and Management) or the Two-chamber Rocket Box (publicly available from Bat Conservation International (BCI) refer to Figure 57)). ➢ Rocket boxes shall be installed prior to the bat roosting season (March 31st to October 1st). ➢ Rocket boxes shall receive at least 6-8 hours of sunlight and placed at least 6 metres from the nearest tree branch, wires or other potential perches for aerial predators (BCI, 2019).

130 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Figure 57: Two-Chamber Bat Rocket Box

131 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

132 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 SSP199S56 Control of Emissions  Bank Swallow: In order to prevent Bank Swallow from nesting in stockpiles of soil, overburden or other similar materials, all slopes created by stockpiling material in the Study Area shall be maintained at 70° or less by sloping off stockpiles to create the desired slopes, contouring faces or piling material on the face for the duration of the overall bird nesting period of April 1 to August 31.  Turtles: Exclusion fencing shall be installed around any stockpiles placed in the vicinity of a watercourse/waterbody prior to June 30 to prevent turtle nesting. Stockpiles placed after June 30 do not require exclusionary fencing as this is after the typical period for turtle egg laying.

6.1.4 Fish and Fish Habitat

Table 12 provides a summary of work proposed in proximity to the waterbodies located within the study area. As shown, in-water work is proposed at only Crossings 4, 5, 8, and 9. Of these four locations Crossing 4 does not provide fish habitat. For additional details regarding the work proposed at each location, please refer to the corresponding General Arrangement drawings included in Appendix B of this document.

Table 12: Summary of Proposed Works at each Watercourse Crossing

Name Waterbody Summary of Proposed Works Crossing 1 Don River West - No in-water works proposed. (Direct Fish Branch - No works anticipated below bridge structure along Habitat) watercourse within valley system. - Work includes rehabilitation of existing concrete base, curbs, concrete barriers, retaining walls, and noise barriers on structure deck. Crossing 2 Deerlick Creek - No in-water works proposed. (Indirect Fish - Noise barrier/retaining wall to be replaced from the Habitat) highway side of the existing noise barrier/retaining wall approximately 15 metres north of culvert outlet. Crossing 3 Deerlick Creek - No in-water works proposed. (Direct Fish - No works proposed within 30 metres of watercourse. Habitat) Crossing 4 Unnamed - Clearing and grubbing of approximately 40 linear (Not Fish Tributary to meters of the drainage swale within the ROW to Habitat) Deerlick Creek accommodate Leslie Street eastbound on-ramp - Infilling of approximately 30 linear meters of the same drainage swale within the ROW to accommodate Leslie Street eastbound on-ramp

133 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Name Waterbody Summary of Proposed Works Crossing 5 Don River East - In-water work associated with removal of two (37-207/1) Branch southern existing bridge piers, one on either side of the (Direct Fish river, to accommodate the new eastbound collector bridge. Habitat) Removal of the east pier will require a temporary in-water work area of approximately 150 m2. Removal of the west pier will occur outside of the 2-year high water mark. - Clearing and grubbing of approximately 40 metres of the existing riparian vegetation adjacent to the river within the ROW. - Proposed replacement of storm water drain outlet in southwest quadrant. Approximately 80 m2 of work area required below the 2-year high water mark to accommodate the river stone outlet pad. - Construct new Highway 401 eastbound collector bridge over the East Don River Branch adjacent (south) of the existing bridge. Crossing 6 - - n/a Crossing 7 Unnamed - No in-water works proposed. (Not Fish Tributary to Don - No works proposed within 30 metres of watercourse. Habitat) River East Branch 2 Crossing 8 Unnamed - Clearing and grubbing in proximity to the culverts within (Direct Fish Tributary to Don the ROW. Habitat) River East Branch - Create access route and install culvert extension of 13.0 3 metres at Culvert 1a. - Re-instatement of storm sewer outlet for Culvert 1b. Crossing 9 Unnamed - Clearing and grubbing to the north of the culvert outlet (Direct Fish Tributary to Don within the ROW. Habitat) River East Branch - No clearing or grubbing proposed along the watercourse 4 banks. - Culvert cleanout of debris at outlet – no permanent in- water works proposed.

The potential for the works proposed to result in adverse effects to fish and fish habitat are further detailed below:

 Crossing 1 (Don River West Branch) & Crossing 2 (Unnamed Tributary to Don River East Branch): The work proposed at Crossings 1 and 2 is classified as MTO Routine Works and can therefore be mitigated with the application of Ontario Provincial Specifications and Standards (OPSS) 182. Routine works are those works within the MTO ROW (including the shoulders and paved area) that do not occur within the waterbody and whose potential impacts can be mitigated to prevent sediment/debris from entering the adjacent waterbodies.

134 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Crossing 3 (Deerlick Creek) and Crossing 7 (Unnamed Tributary to Don River East Branch 2): No in-water work is proposed in proximity to Crossing 3 or Crossing 7. No construction is proposed within 30 metres of either watercourse and therefore, these two watercourse crossings are not anticipated to be impacted by the work proposed.  Crossing 4 (Unnamed Tributary to Deerlick Creek): This crossing is an ephemeral drainage feature and does not provide direct fish habitat. The work proposed will result in the permanent alteration of Crossing 4, which provides minimal surface flow and potential groundwater contributions to downstream fish habitat. The grubbing/clear cutting along the swale and infilling of a portion of the swale are activities that do not meet the conditions of a BMP. Given that the work proposed does not meet the BMP requirements a full impact assessment following Step 4 of the MTO Fisheries Protocol was completed.

Following construction, surface water is expected to continue to flow in a southerly direction towards the remaining portion of the swale. Additionally, if groundwater contributions are present, it is anticipated that groundwater will continue to flow downslope into the retained drainage swale to the south of the MTO ROW. Therefore, the function of the drainage swale is expected to be maintained post-construction. During construction, standard mitigation measures (i.e. erosion/sediment control measures and proper dewatering operations) will assist in minimizing the impact on downstream fish bearing watercourses (i.e., potential increase of sediment concentrations). Since the overall spatial scale of the infilled swale is small and the work area will be stabilized post construction with topsoil and seeding, negative residual effects are not anticipated. It is anticipated that no HADD of the downstream fish habitat in Deerlick Creek will occur provided environmental protection and mitigation measures as recommended are properly implemented, monitored and maintained for effectiveness for the duration of construction.

 Crossing 5 (Don River East Branch (#37-207/1)): For this location the construction of the new structure meets the requirements of the Clear Span Bridges BMP; however, the removal of the two existing piers and replacement of the storm drain at the southwest corner do not meet any Fisheries BMPs. As such, a full impact assessment following Step 4 of the MTO Fisheries Protocol was completed for this location.

Removal of the existing piers at Crossing 5 should result in a net-benefit to fish habitat, as the pier on the east side will be removed from below the 2-

135 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

year water level and result in an increase in fish habitat of approximately 1.5 metres squared. The pier on the west bank is outside of the 2-year water level, and removal of this pier will have no negative residual effects on the fish habitat. In-water works to complete the pier removal on the east side will be temporary and impacts during these works will be mitigated by applying standard erosion/sediment control measures, most notably: the completion of the works during the appropriate in-water timing window, the installation of a cofferdam to isolate the in-water work area and the restoration of the pier footprint.

The storm drain replacement in the southwest corner will require works below the 2-year water level, but no works are proposed within the existing wetted channel of the East Don River Branch. All works are anticipated to occur on riparian lands directly adjacent to the watercourse and will be stabilized with river stone to naturalize the area post-construction. The works will not limit the function or use of the fish habitat in the area, the duration and extent of the temporary impacts during construction will be short and will be mitigated using standard erosion/sediment control measures. It is therefore anticipated that no HADD of fish and fish habitat will occur at this location provided environmental protection and mitigation measures are properly implemented, monitored and are maintained for effectiveness for the duration of construction.

 Crossing 8 (Unnamed Tributary to Don River East Branch 3): The culvert at this location will be extended by 13.0 metres. Given that the work proposed does not meet the BMP requirements a full impact assessment following Step 4 of the MTO Fisheries Protocol was completed.

The existing channel has a bankfull width of 4 metres. The work proposed will result in the permanent alteration of 55.2 metres squared of poor seasonal fish habitat to accommodate the proposed culvert extension. There will also be a river stone apron installed at the outlet, which may cover approximately 8 metres squared below the High-Water Mark (HWM). In total, 63.2 metres squared of fish habitat will be permanently altered. Fish habitat is not present upstream of the culvert and the perched culvert outlet prevents any upstream fish passage. Downstream of the culvert the habitat has been classified as poor quality, seasonal habitat.

The temporary impact of the proposed works on the use and function of fish habitat within the watercourse is minimal and will be mitigated by applying standard erosion/sediment control measures (i.e., completing the work in the

136 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

appropriate timing window). The overall function of the watercourse will be maintained and fish, if present, will still be able to access the area within the culvert extension. Additionally, the re-instatement of the storm sewer outlet at Culvert 1b will stabilize the ROW slope, thus reducing any sediment inputs at this location and will ultimately provide a positive residual effect to the watercourse and downstream fish habitat. It is therefore anticipated that no HADD of fish and fish habitat will occur at this location provided environmental protection and mitigation measures are properly implemented, monitored and are maintained for effectiveness for the duration of construction.

 Crossing 9: To accommodate the highway widening and grading at Crossing 9 (Unnamed Tributary to Don River East Branch 4) the clear cutting and grubbing of the entire ROW is proposed to the north of the inlet. While these works do not meet the requirements of the Fisheries BMP for Maintenance of Riparian Vegetation in Existing Right-of-Way no vegetation removal is proposed along the watercourse banks, and all works are proposed to the north of the culvert outlet. Therefore, standard erosion/sediment control measures should control and stabilize exposed soils during construction. An Erosion and Sediment Control Plan shall be designed and implemented for this location. Following construction, soils will be stabilized with topsoil and seed mix and no negative residual effects are anticipated. Overall, it is anticipated that no HADD of fish habitat in the adjacent watercourse will occur as a result of the proposed works provided that the environmental protection and mitigation measures are properly implemented, monitored and maintained for effectiveness for the duration of construction.

As indicated, since Routine Works and BMPs do not apply to the proposed works at Crossings 4, 5, 8, and 9 the proposed works were carried forward to Step 4 of the Fisheries Assessment Process. The potential negative effects which may result from activities associated with the proposed work at the subject crossings include the following:

 Land Based Activities

− Use of industrial equipment could result in alterations to sediment concentrations from the release of sediment or an increase in contaminant concentrations from fluid leaks from equipment;

− Vegetation clearing may result in alterations of riparian vegetation, changes in shading, and changes to bank stability;

137 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

− Grading could result in increased erosion potential or alterations to sediment concentrations from the release of sediment; and

− Excavation may result in alterations in sediment concentrations and water temperatures as a result of exposed soils and the release of sediment.  In-water Activities

− Use of industrial equipment below the HWM could result in fish mortality, as well as alterations to sediment concentrations from the release of sediment or an increase in contaminant concentrations from fluid leaks from equipment;

− The installation of in-water isolation measures may result in the incidental entrainment and potential mortality of fish and limit access for fish to habitats;

− Placement of material or structures in-water may result in changes in channel morphology, aquatic macrophytes and substrate composition;

− Alterations to flows could increase erosion and scour potential and result in alterations to temperatures and concentrations of sediment, food, contaminants or nutrients;

− Changes to fish passage could result in changes in water chemistry/temperature and flow alternation which may lead to incidental entrainment, impingement or mortality of resident species and changes to habitat access; and,

− Structure removals could result in changes to channel morphology or shoreline morphology and habitat structure or cover.

Overall, the work proposed is not expected to result in a Harmful Alteration, Disruption, Destruction to fish and fish habitat in contravention of Section 35 of the Fisheries Act provided that the mitigation as recommended is properly implemented, monitored for effectiveness and maintained.

No Critical Habitat (SARA) or aquatic SAR that are afforded protection under SARA or ESA are known to occur in the Study Area. Consequently, permits under SARA and ESA are not required for the proposed works.

Recommended Mitigation

The following measures will assist in minimizing potential impacts to fish and fish habitat:

 Access to waterbodies and banks shall be limited to protect riparian vegetation and to minimize bank disturbance;

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 In-water work below the HWM and work on watercourse banks shall be carried out during the appropriate in-water timing window:

− Crossing 1: In-water work permitted from July 1 – March 31 (i.e., no in- water work is permitted from April 1 – June 30).

− Crossings 5, 8, and 9: In-water work permitted from June 15 – September 30 (i.e., no in-water work is permitted from October 1 – June 14).

− (Note: Crossings 4 & 7 do not provide fish habitat so no applicable timing window. No in-water work or work in proximity to the waterbody is proposed for Crossings 2 & 3 and therefore no timing window was included).  An Erosion and Sediment Control Plan shall be designed and implemented for each watercourse where work is proposed within 30 metres of a watercourse to contain/isolate exposed soils, stockpiled materials and unstable areas in the work zone and to prevent the release of sediment to all waterbodies and ensure the work site is stabilized prior to removal of ESC measures following construction (as per OPSS 805).  Design and implement an in-water work area isolation plan to maintain clean flow around the work area at all watercourse locations where in-water work is proposed (i.e. Crossing 4, 5, 8, and 9 (as per OPSS 805 and 517). The design shall:

− Use only clean materials free of particle matter for temporary cofferdams; − Manage flow withdrawal and discharge to prevent erosion and the release of sediment to a waterbody; and − Ensure work zones are stabilized against high flows at the end of each work day.  Design and install culverts to prevent creation of barriers to fish movement and maintain bankfull channel functions and habitat functions to the extent possible (D-C). Where permanent in-water structures are placed in fish habitat (i.e. Crossings 5 & 8), naturalize these areas by placing river stone below the 2-year HWM (as per OPSS 1005). Design and install in-stream cover to replace or re-instate fish cover removed, altered or disturbed during construction (as per OPSS 182).  As per OPSS 182, any fish isolated in the work area shall be transferred (using appropriate capture, handling and release techniques to prevent harm and minimize stress) downstream or away from the construction area. Fish screens shall be used to avoid entrainment of fish in pumps or hoses.

139 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Design and implement a work area containment plan to isolate all above- water work to prevent the release of sediment or other contaminants to a waterbody (as per OPSS 517). The design shall include regular inspection, repair, removal and disposal of isolation measures and materials. Work zones should be clearly delineated prior to works to avoid the unintentional intrusions into nearby natural area.  Where possible, organic material barriers (i.e. fiber roll barrier, sediment log, coir rolls etc.) shall be used in the drainage ditches to mitigate sediment transport;  Materials used or generated during construction (i.e. organics, soil, woody debris, temporary stockpiles, construction debris, etc.) shall be stored and managed in a way that prevents the release of these materials to a waterbody. This shall include storing materials a safe distance from a waterbody (i.e., greater than 30 metres from any watercourse) and/or isolation measures (as per OPSS 182);  Dewatering operations shall be managed to prevent erosion or the release of sediment-laden water to a waterbody (as per OPSS 805);  A Spills Management Plan shall be prepared and shall include materials, instructions, education and emergency numbers. The plan shall be kept onsite at all times, communicated to work crews and be properly implemented in the event of accidental spills (OC – Spill Prevention and Response Contingency Plan as per OPSS 182);  Operate, store and maintain equipment and associated materials in a manner and at a distance that prevents the entry of any deleterious substance from entering a waterbody (as per OPSS 182). Any part of equipment entering the waterbody or operating from the bank shall be cleaned, free of fluid leaks and in good working condition;  Isolated in-water work areas must be cleared of fish prior to commencement of work. Fish must be released unharmed downstream. Intakes of pumps and hoses for de-watering of in-water work areas shall be screened to avoid impingement and/or entrainment of fish (as per OPSS 182). Rehabilitation

◆ Re-stabilize any portion of the bed of a waterbody disturbed during construction to pre-construction conditions (or better– see Drainage Drawings for Table 4 [D2] for existing substrate conditions). This shall include substrates (as per OPSS 182);

140 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

◆ Re-stabilize the banks of a waterbody that have been disturbed during construction to pre-construction conditions or better (as per OPSS 182 and OPSS 804). This shall include riparian vegetation or stone material, temporary measures and the avoidance of hard engineering; and ◆ Re-stabilize and re-vegetate soils exposed or disturbed during construction, including new or cleaned-out ditches (as per OPSS 182). Monitoring

◆ In-water and near-water work shall be monitored daily to ensure mitigation measures are properly implemented, functioning, maintained and repaired as needed, and removed following construction (as per OPSS 182); and, ◆ Erosion and Sediment Control in accordance with MTO NSSP (OPSS 805 and SP805F01).

Summary of specifications that apply to this undertaking to protect fish and fish habitat:

 Timing of in-water Work in accordance with SSP101F23;  Environmental Protection During Work in Watercourses and on Watercourse Banks in accordance with OPSS 182;  Temporary Erosion and Sediment Control Measures in accordance with OPSS 805 and SP805F01;  Environmental Incident Management Under Legislation Protecting the Environment and Natural Resources in accordance with OPSS 100;  Management of Excess Materials in accordance with OPSS 180;  General Environmental Protection in accordance with MTO NSSP;  Maintenance of Existing Drainage in accordance with MTO NSSP;  Spill Prevention and Response Contingency Plan in accordance with MTO NSSP;  Construction Specification for Dewatering in accordance with OPSS 517;  Material Specification for Aggregates – Streambed Material with OPSS.PROV 1005;  Erosion and Sediment Control in accordance with MTO NSSP (OPSS 805 and SP805F01); and

141 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

6.1.5 Drainage and Hydrology

During construction there is the potential to impact surface water through the accidental spillage of harmful substances from refueling and/or equipment maintenance. Erosion can also occur and result in sediment entering the watercourse. Overall, it is anticipated that impacts to surface water and area drainage during construction will be minimal provided the standard measures for working in and around water are followed.

Recommended Mitigation

The following standard Ontario Provincial Standard Specifications (OPSS), Special Provisions and Operational Constraint will also apply to this project:

 OPSS 517 – Construction Specification for Dewatering  OPSS 805 – Construction Specification for Temporary Erosion and Sediment Control Measures  Operational Constraint - Equipment Refueling, Maintenance and Washing  OPSS 804 – Construction Specification for Seed and Cover  OPSS 180 – General Specification for the Management of Excess Materials  OPSS 100 General Conditions of Contract, Section GC 7.13.02 Environmental Incident Management.  Surface Water Diversions: The Contractor will be required to submit a temporary flow diversion plan to maintain flow around affected site(s) so that construction can be completed in the dry. It is assumed that any required surface water diversions will constitute a passive in-stream diversion. As per Section 2.1 of O. Reg. 387/04 of the Ontario Water Resources Act (OWRA), a passive in-stream surface water diversion does not constitute a ‘water taking’ under the Act and therefore does not require a PTTW or registration on the Environmental Activity and Sector Registry (EASR). However, should the contractor opt for an active in-stream diversion of water using a pumped system, the contractor will be required to make certain that the conditions identified in Section 4.2 (3) of O. Reg. 387/04 of the OWRA are met in order for the works to be exempt from the Act.

142 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

6.1.6 Groundwater

As part of this undertaking an assessment was completed to determine if groundwater dewatering activities will be required to facilitate construction at the following bridge structures:

 Highway 401/East Don River Bridge (Site No. 37-207/1);  Highway 401/Leslie Street Bridge (Site No. 37-208/1);  Leslie Street N-E Ramp Bridge (Site 37-208/5);  Culvert Extension (Station 26+170.00-174.53); and  Highway 401/GO Transit/Metrolinx Overhead (Site No. 37-206/1).

A comparison was made of the anticipated lowest excavation elevation and the maximum groundwater level so as to calculate anticipated groundwater dewatering rates. This information is summarized in Table 13.

Table 13: Design Specifications for Future Excavations Requiring Dewatering

Lowest Estimated Groundwater Proposed Elevation of Top Maximum Level During Excavation Structure Location Proposed Aquitard Groundwater Dewatering Location Excavation, Elevation, Level, mASL Elevation, (ID) mASL mASL mASL East Don River Piers Line E 124.85 122.00 126.30* 123.85 Bridge (Site No. 37-207/1) Leslie Street Bridge Piers Line 1 134.84 132.00 138.40 133.84 (Site No. 37-208/1) Leslie Street Bridge Piers Line 2 135.06 132.00 138.40 134.06 (Site No. 37-208/1) Leslie Street Bridge Piers Line 3 135.42 132.00 138.40 134.42 (Site No. 37-208/1) Culvert Extension South Site 122.95 115.20 126.30* 121.95 (Station 26+170.00- of Highway (174.53) 401 at Station 26+170.00- 174.53 Source: Taken from the Technical Memo: Highway 401 Avenue Road to Warden Avenue Class EA / Detailed Design Study Evaluation of the Need for an EASR/PTTW, AECOM May 2020

143 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

The Hydrogeological Assessment determined that the water taking volume associated with the necessary foundation construction dewatering is expected to be 9,495 m3/day, exceeding 400 m3/day and therefore will require an MECP Category 3 Permit To Take Water. One overall Category 3 PTTW can be obtained for all locations. No groundwater dewatering during future excavation will be required for the Highway 401/GO Transit/Metrolinx Overhead (Site No. 37-206/1) given that the excavation depth is above the maximum groundwater table. Proper management of surface water interference; however, will be needed within this area during the excavation activities.

The current information is considered preliminary as the task of determining dewatering methods including the design and installation of the construction dewatering system is the responsibility of the future MTO Contractor. A detailed dewatering scheme will be developed at a future date by the Contractor based on their analysis of the site conditions and the project dewatering performance objectives for stable slopes and dry working conditions. Additional Hydrogeological Investigation will be required for the subject locations to obtain the final Category 3 PTTW.

Recommended Mitigation

Application of the following standard measures will assist in minimizing impacts to groundwater:

 OPSS 805 – Construction Specification for Temporary Erosion and Sediment Control Measures  Operational Constraint - Equipment Refueling, Maintenance and Washing  OPSS 180 – General Specification for the Management of Excess Materials  OPSS 100 General Conditions of Contract, Section GC 7.13.02 Environmental Incident Management - Requirements for containment, notification and cleanup.  7.13.02 Environmental Incident Management - Requirements for containment, notification and cleanup.

6.2 Socio-Economic Environment

6.2.1 Land Use and Property

The majority of this rehabilitation project will take place within the existing MTO ROW, except for two small portions of property to be acquired in the southeast quadrant of the Highway 401 / Leslie Street interchange. The subject lands are being acquired from the

144 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

City of Toronto in advance of construction and work will not commence until MTO owns the lands affected.

Permission to Enter and Construct (PTEC) permits are also being obtained for Noise Barrier rehabilitation work proposed between Bayview Avenue and Leslie Street. This work will be completed under a separate PTEC for each property. The works on these private properties include:

 Collection of field data via observations and photographs of the existing retaining wall, noise barrier, property fences, landscaping and vegetation;  Installation and removal of temporary fencing as required to protect the public from construction activities;  Rehabilitation of the existing retaining wall;  Construction of a new noise barrier on the rehabilitated retaining wall; and  Restoration of areas affected during construction.

MTO currently owns the land on which the GO Oriole parking lot sits. GO / Metrolinx is currently planning to move the Oriole GO Station to the north, prior to the start of construction. Pedestrian access on the west side of the Highway 401 / Leslie Street interchange will need to be maintained through the site from the pedestrian bridge, crossing the rail tracks south of Highway 401, to the relocated GO Oriole Station.

Additionally, the Havenbrook Park is situated on the north side of the Highway 401 corridor, just east of Leslie Street and the Betty Sutherland Trail Park is situated on the south side of the Highway 401 just west of Don Mills Road. The Havenbrook Park is connected to the Betty Sutherland Trail Park via the Betty Sutherland Trail which passes under Highway 401 on the east side of the E. Don River. Due to safety concerns the trail will be closed temporarily during construction.

Recommended Mitigation

The Contractor will provide a minimum of two weeks advance notice to all private properties identified in the contract documents in advance of construction.

As per Operational Constraint Notice of Work – Agencies the contractor will be required to provide a minimum of 30 days advance notice to the following agencies prior to the start of construction. Written verification of this notification shall be provided to the Contract Administrator. The Contractor shall not be permitted to start construction until written verification has been provided to the Contract Administrator. The Contractor

145 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) shall confirm the contact information of the contacts below before distributing the notices:

 City of Toronto

− Scott Andrews District Chief Emergency Medical Services (EMS) Section Station 112 – 5700 Bathurst Street, Toronto, Ontario M2R 3N4 Telephone: 416-338-9563 / Email: [email protected]

− Ian Attard Superintendent EMS Planning Toronto Emergency Medical Services 4330 Dufferin Street, Toronto, Ontario M3H 5R9 Telephone: 416-392-2265 / Email: [email protected]

− Nadine Cutrara Work Zone Traffic Coordinator Traffic Management, Construction Coordination & Traffic Mitigation 55 John Street, Metro Hall 17th Floor, Toronto, Ontario M5V 3C6 Telephone: 416-396-4769 / Email: [email protected]

− Mathew Pegg Fire Chief City of Toronto Fire Services 4330 Dufferin Street, Toronto, Ontario M3H 5R9 Telephone: 416-338-9051 / Email: [email protected]

− Dan Maclssac Division Commander – Command 2 / East City of Toronto 2575 Eglington Avenue East, Toronto, Ontario M4B 1Y7 Telephone: 416-338-9058 / Email: [email protected]

− Bryan Bott Toronto Police Services - Unit Commander, No. 33 Division 50 Upjohn Road, Toronto, ON M3B 2W1 Telephone: 416-808-3300 / Email: [email protected]

− Chief Mark Sanders Toronto Police Chief 40 College Street, Toronto, Ontario M5G 2J3 Telephone: 416-808-2222 / Email: [email protected]

146 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

− Kevin Hodgkinson Coordinator of Transportation Services Toronto Catholic District School Board 80 Sheppard Avenue East, Toronto, Ontario M2N 6E8 Telephone: 416-229-5313 / Email: [email protected]  City of Toronto Tree Removals (To be notified in advance of tree removals in southeast quadrant of Leslie Street interchange).

− Councillor Denzil Minnan-Wong Ward 16 Councillor Don Valley East Toronto City Hall 100 Queen Street West, Suite B33, Toronto, Ontario M5H 2N2 Telephone: 416-397-9256 / Fax: 416-397-4100 / Email: [email protected]

6.2.2 Navigation

In-water work is proposed at the following water crossings:

 Crossing 4 (Unnamed Tributary to Deerlick Creek)  Crossing 5 (Don River East Branch)  Crossing 8 (Unnamed Tributary to Don River East Branch 3)  Crossing 9 (Unnamed Tributary to Don River East Branch 4)

Of the above, only Crossing 5 (East Don River) is of an appropriate size and depth to be used for navigable purposes and is ultimately the only location within the study area where construction has the potential to impact navigation. Transport Canada generally considers a watercourse that is 3.0 metres wide and 0.5 metres deep to be navigable and the East Don River is approximately 15 metres wide and ranges from 0.2 metres to 1 metres deep.

No in-water work is proposed at the remaining watercourses (i.e. Crossings 1, 2, 3 and 7). Of these locations only Crossing 1 (West Don River) is potentially navigable; however, the work proposed involves a rehabilitation of the existing structure with no in- water work. Work is to include rehabilitation of the existing concrete base, curbs, concrete barriers, retaining walls, and noise barriers on the structure deck.

At Crossing 5 (East Don River) the existing bridge structure will be removed and rebuilt to the south of the existing structure. The new structure will be a clear span bridge and

147 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) will not require in-water work; however, the removal of the existing bridge piers will require in-water work. As such, there is some potential to temporarily impact navigation at this location during construction. However, the proposed bridge design (i.e. clear span) and planned removal of the existing piers will minimize obstructions in the watercourse and ultimately provide improved navigation.

Following confirmation with Transport Canada that the only watercourse within the study area of navigation concern is the East Don River, AECOM followed Transport Canada’s new Navigation Policy (effective Fall 2019) and completed the public resolution process for a non-scheduled waterway (i.e. E. Don River). A description of the project and location information was submitted to the Navigation Protection Program (NPP) website and filed under registration no. 2245. This information can be reviewed by accessing the NPP’s project search tool at https://common-project-search.canada.ca and entering the above noted file number.

As part of the public resolution process a public notice identifying the work proposed at the affected watercourse has been posted on the project website at www.hwy401avenue-to-warden-ebcollectors.com for a 30 day review period. This posting, occurring simultaneously with the DCR review period, starts September 21, 2020 and ends October 20th, 2020 and provides opportunity for the submission of comments regarding the effect of the work proposed on marine navigation. Once completed this satisfies Transport Canada’s navigation requirements for this undertaking.

Recommended Mitigation

Transport Canada’s Navigation Policy has been followed to address navigation concerns for this undertaking including posting of a public notice as part of the public resolution process. As such, no additional mitigation is required to address navigation; however, this will be revisited following the receipt of any applicable comments during the 30 day review period which concludes on October 20, 2020.

6.2.3 Construction Noise

Construction of the recommended plan will involve the use of the following noise producing machinery:

 Air Compressor;  Crane;  Dozer;

148 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Asphalt removal, Asphalt paver;  Roller;  Excavator;  Saw cutting equipment;  Sand blasting equipment;  Jack hammers;  Concrete trucks;  Compaction equipment;  Backhoe, small excavation equipment;  Paving equipment; and  Generators.

Given that there are Noise Sensitive Areas in proximity to the project there is the potential for noise concerns to arise during construction. While a Noise Exemption Permit will not be required, the MTO will notify and inform appropriate City of Toronto staff in advance of construction.

Recommended Mitigation

The following noise mitigation measures as identified in SP199F33 Construction Noise Constraints of the Contract Documents will apply to this project:

 The noise sensitive areas are defined as the contract limits.  Equipment shall comply with the sound emission standards for construction equipment outlined in Ministry of Environment, Conservation and Parks publications NPC-115 and NPC-118, which are available from the Ministry of Environment, Conservation, and Parks Client Services and Information Branch or Environmental Assessment and Permissions Branch Phone: 416- 314-8001 or 1-800-461-6290.  Where feasible, equipment with broadband backup alarms instead of the tonal backup alarms/beepers shall be utilized.  Equipment shall be maintained in an operating condition that prevents unnecessary noise, including but not limited to non-defective muffler systems, properly secured components, and the lubrication of moving parts.  Idling of equipment shall be restricted to the minimum necessary to perform the specified work.

149 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Stationary equipment shall be located as far away from sensitive locations as feasible.  As per OC Notice of Works – Agencies: A Noise Exemption Permit is not required from City of Toronto; however, advance notification shall be provided to the following City representatives if construction is to occur from 7:00 p.m. to 7:00 a.m. Monday to Friday or is to take place on Saturdays/Sundays or statutory holidays:

City of Toronto

− Mark Edser Supervisor, Noise Enforcement 1530 Markham Road, 3rd Floor, Toronto, Ontario M1B 3G2 Telephone: 416-395-1013

− Rose Burrows Manager, Noise Enforcement 1530 Markham Road, 3rd Floor, Toronto, Ontario M1B 3G2

The notification should include details regarding the works proposed, construction staging, dates and duration of activity, and a description of the potential noise that may be generated. Despite the exemption, the Contractor is to apply all reasonable measures to mitigate the duration and level of noise created during construction.

6.2.4 Air Quality

Construction activities have the potential to generate dust and fumes which can negatively impact air quality. However, these impacts will be limited to the construction period and are not considered a recurring activity. Contract provisions will minimize impacts to adjacent properties during construction (e.g., dust control measures). It is therefore not expected that construction will result in significant impact to air quality.

Recommended Mitigation

Provisions to minimize potential air quality impacts during construction include the following best management practices:

 No unnecessary idling of vehicles;  Covering stockpiles of soil, sand and aggregate;  Regular cleaning of construction sites and access roads to remove debris and dust caused by construction;

150 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Application of dust suppressants to control dust generated by constriction activities (as required); and  OPSS 100 ‘General Conditions of Contract’, GC 7.07 - Requirement to control dust so that it does not affect traffic, enter surface waters, or escape beyond the right-of-way to cause a nuisance to residents, business or utilities.

6.2.5 Waste and Contamination

There is the potential for excess materials (i.e. old pavement, concrete, asphalt and earth) to be generated during construction. It is not expected that designated substances or areas of contamination will be encountered during construction; however, instruction has been included in the Contract Documents to provide direction in the event that something is uncovered.

Based on the current design, there are a number of properties adjacent to the highway corridor that are rated high and/or medium potential for contamination; however no further investigations will be warranted for these properties since there will be no work outside of the existing highway corridor in those areas. One triangular property located in the southeast quadrant of the Highway 401 and Leslie Street interchange (illustrated on Figure 43 and labelled as COS ID #35) is to be affected by the highway construction and is to be purchased by MTO. A Phase One ESA and/or Phase Two ESA is recommended to confirm the soil and groundwater quality on this property prior to its acquisition.

In addition, special attention should be paid to the soil and groundwater in the areas where twenty (20) spill locations were identified by the MECP (see Figures 35 to 44).

The WMP also indicated that the following non-hazardous and hazardous wastes have the potential to be generated during construction:

Non-hazardous Wastes  Domestic waste including office wastes (i.e., general refuse and food scraps) generated and brought to the project sites by onsite workers;  Sanitary waste generated by onsite workers;  Clearing and grubbing including cleared trees, shrubs and topsoil generated from site clearing prior to the construction work; and  Excess/waste construction materials including concrete, asphalt, scrap metal, scrap plastics and electrical wires etc. generated from demolition and/or use of these materials during the construction activities.

151 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Hazardous Wastes  Empty aerosol cans/paint containers, grease tubes, and glycol-based antifreeze containers;  Used or waste oil, fuel, lubricants, greases, oil, filters, absorbent pads, paints and solvents; and  Medical wastes from first aid stations (e.g., used dressings, expired medications and sharps). Recommended Mitigation

This section summarizes the recommended mitigation as outlined in the DSS Report (AECOM, August 2020) and the Waste Management Plan (AECOM, August 2020) prepared for this undertaking.

The following measures shall be implemented to address the management of Designated Substances:

 All suspected or otherwise confirmed ACMs at the bridge DSS Site which will be potentially disturbed by the rehabilitation work must be removed prior to any other work been completed in the immediate area of that ACM material. All ACM abatement work must be completed in accordance with O. Reg. 278/05 of the OHSA with procedures described above for confirmed ACMs at the Site. Waste asbestos materials must be disposed of off-site at a licensed landfill in accordance with O. Reg. 347, as amended, of the Ontario Environmental Protection Act.  During the scheduled bridge rehabilitation work, a contractor must stop any work in the event suspected ACM or other unknown and suspect building materials are encountered that were not already documented in the Designated Substance Survey (DSS) report completed by AECOM as either ACM, non-ACM, or remain suspected due to limitations of the DSS work. The contractor should then contact AECOM, and either have the newly encountered materials sampled and analyzed for ACM or treat the material as containing ACM and take appropriate action based on current applicable legislation and guidelines.  All remaining road level non-friable waterproofing membrane along the bridge Sites not previously sampled as part of this DSS program (37-208/1, 37- 208/5, 37-206/1, and 37-207/1) should be sampled prior to any scheduled demolition work to confirm whether or not they contain asbestos or otherwise assumed to contain asbestos and treated as such.

152 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 All remaining bridge barrier wall insulation along the bridge Sites not previously sampled as part of the DSS program (37-322 and 37-208/1) should be sampled prior to any scheduled work to confirm whether or not they contain asbestos or otherwise assumed to contain asbestos and treated as such.  All remaining Transite conduit piping along the bridge Sites not previously sampled as part of the DSS program (37-206/1, 37-207/1, 37-208/1, and 37- 208/1) should be sampled prior to any scheduled demolition work to confirm whether or not they contain asbestos or otherwise assumed to contain asbestos and treated as such.  A qualified contractor must control all DSS Sites repair or maintenance activities on site to minimize worker exposure to silica and/or lead dust in accordance with O. Reg. 490/09. As required by O. Reg. 490/09, airborne silica concentrations must not exceed a TWA of 0.10 milligrams of silica per cubic metre for quartz/tripoli and a TWA of 0.05 milligrams of lead per cubic metre for elemental lead, inorganic and organic compounds of lead respectively. Recycling of silica-based materials removed from any work areas should be conducted in accordance with O. Reg. 102/94 and O. Reg. 103/94 under the Ontario Environmental Protection Act.

The following measures shall be implemented to address General Waste Management:

Surplus and waste materials shall be managed in compliance with the following provisions included in the MTO construction tender documents:

 OPSS 180, ‘General Specification for Management of Waste Materials’ specifies:

− Waste classification of key excess materials generated by the work;

− Conditions for management of each waste classification generated by the work, including management by re-use, as disposable fill, as non- hazardous solid industrial or commercial waste, by stockpiling and by disposal as subject waste;

− Distance separations from waterbodies, groundwater, water wells and residences for management by re-use, as disposable fill, and by stockpiling; and

− Completion and signature of stipulated Forms by owners of property used for management by stockpiling for re-use or as disposable fill.

153 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 MTO non-standard special provision ‘Operational Constraint (Environmental) – Management of Excess Earth with Salt Impacts’ specifies when excess earth is managed as disposable fill:

− Placed taking into account possible elevated concentrations of chloride and sodium and elevated values for electrical conductivity and sodium adsorption ratio;

− Obtaining receiving property owner signature granting permission to place earth material with acknowledging the above; and

− Conducting sampling if required by receiving property owner.  General environmental protection shall be in compliance with the following provisions included in the MTO construction tender documents:

− OPSS 100 ‘General Conditions of Contract’, GC 3.03 specifies:

• Requirement to alter operations per direction of the contract administrator is determined to be damaging to the environment

− OPSS 100 ‘General Conditions of Contract’, GC 7.07 specifies:

• Requirement to control dust so that it does not affect traffic, enter surface waters, or escape beyond the right-of-way to cause a nuisance to residents, business or utilities

− OPSS 100 ‘General Conditions of Contract’, GC 7.13.02 Environmental Incident Management specifies:

• Requirements for containment, notification and cleanup

− MTO non-standard special provision ‘Operational Constraint (Environmental) – General Environmental Protection’ specifies:

• Requirement that environmental protection comply with the conditions of approvals and permits exemptions, agreements, reports and clearances provided by the owner or obtained by the contractor • Requirement to control material, equipment and construction operations to avoid and minimize direct physical damage; sediment, noise, vibration, dust, chemical, and other emissions; and interference with local use, access and passage.

154 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

The following measure will assist in minimizing impacts to surface water during construction:

 Surface Water Management: During the course of construction, the Contractor shall ensure that no deleterious materials or surface water runoff (originating from precipitation or construction activities [i.e., decontamination and dust control]) that has come into contact with open excavations, stockpiles, or construction laydown areas is permitted to enter a water body or drainage channel to the natural environment. Inspections shall be performed to monitor the effectiveness of surface water runoff management measures and observe the structural stability of the temporary diversion dikes on a routine basis. Any deficiencies shall be rectified immediately and documented accordingly. (from WMP).

The following protocols shall be implemented to address Hazardous Materials and Handling and Storage:

 All potentially hazardous products shall be stored in a pre-designated, safe and secure product storage location on the Site, set back at least 30 metres from all water bodies or watercourses, in accordance with provincial legislation.  All products shall be properly labelled according to Workplace Hazardous Materials Information System (WHMIS). SDS will be kept on-site in the material storage pad and staging area, clearly marked and accessible to onsite personnel.  Products should only be handled by personnel who are WHMIS trained and qualified in handling the specific product. All personnel shall wear the proper personal protective equipment (PPE) when handling hazardous or flammable materials.  Greasy or oily rags or materials subject to spontaneous combustion shall be deposited and stored in appropriate receptacles in the material storage pad and staging area. This material shall be removed from the Site on a regular basis (i.e., at least monthly) and shall be collected by an approved subject waste hauler or cleaned for re-use.  Waste products associated with equipment maintenance will be disposed of off-site in accordance with applicable regulations.

155 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 A written inventory of materials stored onsite by the Contractor shall be maintained and updated weekly to reflect materials used onsite by other contractors, vendors or subcontractors as necessary.  Any spilled product shall be contained and cleaned up and reported in accordance applicable regulations.  All material storage shall comply with Technical Standards and Safety Authority (TSSA) regulations and local fire codes.  The condition of storage sites will be inspected daily by the inspector and documented for evaluation of compliance with regulatory requirements. Any deficiencies in material storage will be reported and the Contractor shall complete an Incident Follow-up Form to confirm that the deficiency was addressed.

The following measures shall be implemented to address Spill Prevention:

 If highway improvement work (i.e., excavation) is conducted in the vicinity of the twenty (20) spill locations as illustrated on Figures 35 to 44, special attention should be paid to the soil and groundwater in the area for any visual evidence of contamination (i.e., discoloration, odour or free product). If visual evidence of contamination is noted, further investigation of the soil and/or groundwater quality in the area will be required.  Spill response shall comply with OPSS 100 ‘General Conditions of Contract’, GC 7.13.02 Environmental Incident Management, which specifies the requirements for containment, notification and cleanup.  Be prepared to intercept, clean up, and dispose of spills or releases that may occur whether on land or water. Maintain materials and equipment required for cleanup of spills or releases readily accessible on the Site.  Provide training to Site personnel in how to prevent, mitigate the impacts, and respond quickly to spills.  Maintain as small quantities as possible of any potentially harmful materials to the natural environment.  Ensure that there are no direct routes between material storage areas and water bodies or drainage pathways thereto.  Provide secondary containment for waste water collection tanks and liquid material storage areas where appropriate and feasible.  Outfit all jerry cans with automatic closures.

156 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

 Ensure all equipment is maintained regularly and that all fluid lines (i.e., brakes, hydraulic, fuel) are in good condition and are not leaking. Inspections, maintenance, and repairs shall be completed by qualified professionals and documented by the contractor who owns or is leasing the equipment.  Provide waste receptacles to prevent the generation of litter on the Site.  Include litter-prevention training as part of the overall environmental training provided to Project personnel.

To reduce the likelihood of an event involving a spill or leak, the following procedures shall be followed.

 All water control devices and hoses shall be inspected daily and monitored to ensure proper working order.  All hoses and connections on equipment will be inspected routinely by truck operators for leaks and drips.  All equipment and vehicle leaks must be reported immediately and repaired prior to continued use.  All material storage areas shall be inspected daily for signs of spills, general housekeeping, state of spill containment units and features, and availability of appropriate spill control supplies.  Fuel storage, vehicles and equipment will be stored at designated areas a minimum of 30 metres from a watercourse.  Vehicle maintenance will be enhanced and good housekeeping practices will be implemented.  Water tight trucks or lined truck beds will be used to transport wet excavated material and debris that may otherwise leak.

6.3 Cultural Environment

6.3.1 Archaeological Resources

The Stage 1 and Stage 2 Archaeological Assessment (AA) completed for this project found no archaeological potential within the area of study and concluded that no further archaeological assessment is required. The project study area is therefore considered to be cleared of archaeological concerns. The Ministry of Heritage, Sport, Tourism, Culture and Industries (MHSTCI) provided a letter dated February 10, 2020 indicating acceptance of the Stage 1 report (MHSTCI File No. 401H090) and a letter dated

157 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

September 11, 2019 indicating acceptance of the Stage 2 report submitted for this project and the subsequent placement of both reports on the Ontario Public Register of Archaeological Reports (MTCS File Number 401H090). A copy of each letter is included in Appendix C.

Recommended Mitigation

The contractor will be required to follow the direction as outlined in OPSS 100 General Conditions of Contract, Section GC 3.07.05:

 In the event that previously unknown or unassessed deeply buried archaeological resources are uncovered during construction, the contractor shall immediately notify the Contract Administrator. Work shall remain suspended within the subject area until otherwise directed by the Contract Administrator in writing, according to subsection GC 7.11, Suspension of Work. The CA will contact the MTO representative who will confirm the need to engage a licensed consultant archaeologist to carry out any archaeological fieldwork, in compliance with Section 48 (1) of the Ontario Heritage Act.  In the event that human remains are encountered during construction, the contractor shall immediately notify the Contract Administrator. Work shall remain suspended within the subject area until otherwise directed by the Contract Administrator in writing, according to subsection GC 7.11, Suspension of Work. The CA will contact the MTO representative who will notify the police, coroner and the Registrar of the Bereavement Authority of Ontario.

6.3.2 Built Heritage Resources

As indicated, all of the bridges within the Study Area were previously assessed and were found not to have heritage value or interest. The CHER (AECOM, June 2018) also determined that both the Clark Locke House and the William Goodwin House at 355 Lesmill Road do have cultural heritage value or interest according to O. Reg 9/06; however, neither structure meets the criteria outlined in O.Reg. 10/06. Based on the current design and level of impact a Heritage Impact Assessment (HIA) was deemed unnecessary since encroachment is not significant and some vegetation will remain to partially screen the heritage structures from the ramp.

Recommended Mitigation

No mitigation is required at this time to address the protection of cultural heritage resources. However, if following this Class EA, the design is modified at the subject location and the Heritage Attributes of the property will be impacted with respect to its

158 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’) current use or if encroachment increases beyond that currently anticipated a Heritage Impact Assessment (HIA) will be required.

The HIA will address potential impacts to the identified Heritage Attributes of the property and will recommend options and specific mitigation measures in order to reduce negative impacts and conserve its cultural heritage value or interest. The HIA shall be prepared according to the Standards & Guidelines for Conservation of Provincial Heritage Properties, Information Bulletin 3, Heritage Impact Assessments for Provincial Heritage Properties.

6.4 Transportation and Other Infrastructure

6.4.1 Utilities

Relocation of the existing Enbridge gas line in the southeast quadrant of the Leslie Street interchange is required to accommodate the construction of the new Don River Bridge and for the relocation of the northeast and southeast ramps. Zayo, Rogers and Aptum facilities that will be impacted by the widening of the Highway 401 Structure over Leslie Street will be relocated beneath the northbound Leslie Street lanes as a joint effort with Aptum. Toronto Hydro underground facilities that will be impacted by the Highway 401 structure over Leslie Street and the new N-E Ramp have been relocated to accommodate the proposed works. The three pipelines located within the GO/Metrolinx R.O.W. (Sun-Canadian pipeline, Trans Northern pipeline and Imperial Oil) will not be directly impacted by the proposed work.

With regard to potential impacts to municipal servicing infrastructure, an existing City of Toronto Watermain crossing beneath Highway 401 will be impacted by the proposed widening and will be relocated as part of Contract 1. The condition of the existing City of Toronto sanitary sewer located south of Highway 401 was assessed. Due to high fill and soil condition sanitary sewer will be relocated.

Recommended Mitigation

The following measures will assist in minimizing impacts to area utilities during construction:

 Continued contact with affected utilities and municipalities during construction, as required, will assist in reducing impacts to existing utility infrastructure and ensure that service can be maintained during construction.  Operational Constraints will be included in the Tender Documents to protect and prevent damage to the pipelines during construction of the new Highway 401 EB Collector bridge over the GO/Metrolinx tracks.

159 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

6.4.2 Lane Restrictions/Closures

During the period of construction, the following impacts to traffic are anticipated:

 The total number of existing lanes of traffic is anticipated to be maintained in the Highway 401 EB Collectors.  The Collector to Express Transfer at Highway 404/Don Valley Parkway Interchange will be reduced to one lane for two construction stages (one construction season).  Nighttime lane closures are anticipated to be required for construction operations.  Ramps are anticipated to remain open at all times with the following exceptions:  Weekend closure of the Leslie S – 401 E Ramp  Weekend closure of the Leslie N – 401 E Ramp  Nighttime closures (as required)

Recommended Mitigation

In order to safely accommodate traffic and complete construction in a timely and efficient manner, construction staging will be implemented to facilitate the proposed improvements and keep impacts to traffic flow to a minimum. Emergency access will be maintained at all times. Refer to Section 5.2 for information pertaining to planned construction staging.

6.5 Summary of Environmental Concerns, Mitigating Measures and Commitments

The proposed mitigation measures and commitments to future work to address specific concerns associated with the detail design are listed in Table 14. Legend MTO – Ministry of Transportation MNRF – Ministry of Natural Resources and Forestry MECP – Ministry of the Environment and Climate Change MTCS – Ministry of Tourism, Culture and Sport MUN – City of Toronto TRCA – Toronto Region Conservation Authority

160 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Table 14: Summary of Environmental Concerns, Mitigation Measures and Commitments

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring Natural Environment 1.0 Erosion & Sediment MTO / MECP / 1.01 • OPSS 805 Construction Specification for Temporary Erosion and Sediment Control Measures - - - Control MNRF / TRCA − Sediment fencing should be installed along the construction footprint within 30 metres of Don River West Branch, Deerlick Creek and Don River East Branch as well as associated tributaries 1.02 • Operational Constraint - Erosion and Sediment Control - - - 1.03 • Operational Constraint – General Erosion and Sedimentation Control - - - • OPSS 802 – Construction Specification for Topsoil - - - • OPSS 804 - Construction Specification for Seed Cover - - - − Any woody vegetation removed during the proposed works will be replaced with a similar native species; − Seeded mixes that include common milkweed and native flowering plants should be used to rehabilitate or restore areas of herbaceous vegetation temporarily disturbed during proposed works. • SSP 805F01 – Light Duty Silt Fence Barriers - - - 1.04 • Erosion and sediment controls will isolate areas of exposed soils and provide protection to limit - - - potential impacts from erosion and sedimentation in areas adjacent to the culvert ends. All areas of exposed soils with the potential to impact adjacent watercourses / wetlands will be stabilized with topsoil and seed immediately following construction. 1.05 • Erosion and sediment control structures will be designed, installed, maintained, and removed - - - according to the latest OPSS Guidelines. 1.06 • The extent and duration that disturbed soils are exposed to the elements shall be minimized; - - - 1.07 • Seed mix and / or mulch, and topsoil shall be placed in areas of soil disturbance to provide - - - adequate slope protection and long-term slope stabilization. 1.08 • Rock-check dams (or equivalent flow checks) will be placed as necessary at appropriate intervals - - - in roadside ditches down gradient from areas of soil disturbance to trap suspended sediments and reduce the erosive force of runoff. 1.09 • Delineate storage, stockpiling and staging areas prior to construction and inspect them in - - - accordance with the Ontario Ministry of Transportation Construction Administration and Inspection Task Manual. 1.10 • Ensure that material generated during maintenance of sediment control measures (i.e. filter socks, - - - straw bales, silt fence, etc.) will be taken off-site for disposal. 1.11 • Following construction, once disturbed areas have stabilized, all temporary erosion and - - - sedimentation controls will be removed. 1.12 • Erosion and sediment control structures will be routinely inspected as well as checked after storms - - - and repaired as required. The structures will be cleaned out when accumulated sediment reaches half the design height.

161 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 2.0 Vegetation MTO / MNRF / 2.01 • OPSS-180: General Specification for the Management of Excess Materials - - - Communities & TRCA / MUN 2.02 • OPSS-201: Construction Specification for the Clearing, Close Cut Clearing, Grubbing and - - - Designated Removal of Surface and Piled Boulders Environmental Areas − Vegetation removal, grading and soil compaction should be kept to a minimum 2.03 • OPSS-801: General Specification for the Management of Excess Materials − A tree inventory, arborist report and Tree Protection Plan will be required to obtain permits to injure or remove trees if any work is required beyond the MTO ROW in accordance with City of Toronto by-laws 2.04 • OPSS-804: Construction Specification for the Seed and Cover - - - 2.05 • OPSS-805: Construction Specification for the Temporary Erosion and Sediment Control - - - 2.07 • OPSS-182: General Specification for Environmental Protection for Construction in Waterbodies - - - and on Waterbody Banks; 2.08 • OC_EN- Cleaning of Equipment and Invasive Species Prevention. All machinery, construction - - - equipment and vehicles should be washed prior to leaving the construction site in order to prevent the spread of invasive species to other locations; 3.0 Migratory Birds MTO / MECP / 3.01 • As outlined in OC Migratory Bird Protection and SP Bird Nesting Preventative Measures: - - - including SAR Birds MNRF − The Contractor shall avoid destroying nests of migratory birds. − To avoid impacts to migratory birds, including potential SAR breeding birds (and SAR Bats), vegetation removal, including clearing and grubbing, shall be avoided between March 31st to October 1st. (Note: Normally, the restriction period would be from April 1st to August 31st to address breeding birds; however, given that a more restrictive period is necessary to address SAR bats (i.e. no vegetation removals from March 31st to October 1st) the more restrictive period will apply)); − Structures likely to be affected by construction, particularly Highway 401 bridge structures over the Don River East Branch, provide suitable nesting habitat despite lack of migratory or SAR bird nests observed during field investigations on July 7, 2018. As such, it is recommended that they be examined to confirm the presence or absence of migratory or SAR bird nests prior to construction. If birds are observed nesting in, under or on the structure prior to or during rehabilitation or replacement, a qualified biologist should be consulted to determine the appropriate steps taken to reduce impacts to wildlife and avoid a potential contravention of the MBCA and/or the ESA. Furthermore, work at the Don River East Branch Bridge (37-207/1) is scheduled to occur between May 2022 and November 2023 (i.e., during the overall bird nesting period of April 1 to August 31); therefore, it is recommended that nesting prevention measures be implemented at this location regardless of the outcome of pre-construction surveys.

162 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 4.0 Wildlife, Terrestrial MTO / MECP / 4.01 • SSP 100S14 Amendment to MTO General Conditions of Contract - - - Species at Risk MNRF / TRCA − If the Contractor encounters Species at Risk as defined in clause GC 3.07.01 not otherwise identified in the Contract Documents within the Contract limits that are likely to be impacted by the Contractor’s operations: − The Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. − Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, according to subsection GC 7.11, Suspension of Work. − Any delay in the completion date of the Contract that is caused by such a cessation of construction operations shall be considered to be beyond the Contractor's control according to clause GC 3.07.01. − Any increases in the cost of the work to be done that are caused by such a cessation of construction operations shall be considered as a Change in the Work according to clause GC 3.10.01.01. − Any work directed or authorized in connection with the unexpected presence of Species at Risk shall be considered as Changes in the Work according to clause GC 3.10.01, Changes in the Work. 4.02 • OC Protection of Species at Risk - General - - - − Worker Awareness: The contractor shall make certain that personnel working on the site are aware of potential SAR that could be encountered on the work site and that the species are protected by law. − On-site staff shall receive training on SAR potentially present within the Construction Disturbance Area and understand the reporting requirements should a SAR be observed. − Any SAR observations should be reported to the Contract Administrator who will contact the appropriate agencies (i.e. MTO, MNRF, and Parks Canada) and protection must be implemented immediately to ensure compliance with the ESA (2007) and/or SARA (2002). − Should a SAR be observed within the work area, works in the immediate vicinity should be stopped and an on-site qualified biologist shall be contacted to confirm the species identification and, if necessary, relocate the individual to suitable habitat outside of the Construction Disturbance Area. − SSP199S56 Control of Emissions 4.03 • SAR Bats - - - − As per OC Protection of SAR:  All vegetation removal within potentially suitable bat SAR habitat in proximity to the Rouge River shall occur outside of the bat maternity roosting window (March 31 – October 1) and can only proceed upon confirmation from MECP.  During the bat roosting season between March 31st and October 1st, any construction activities within 30 metres of suitable maternity roost habitat will be restricted to daylight hours when possible to minimize duration of disturbance.

163 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring  To compensate for the removal of 10 snags/cavity trees, three (3) rocket boxes will be installed within suitable maternity roost habitat for bat SAR in the vicinity of the Leslie Street Interchange, strategically placed adjacent to foraging habitat (e.g., forest or cultural woodland gaps or edge, Don River East Branch). Rocket boxes are similar in size and installation to standard bat boxes but considered better design, permitting full freedom of movement within the structure for better thermal regulation. o The contractor may use either the BCM Rocket Roost Model (available for purchase through Bat Conservation and Management) or the Two-chamber Rocket Box (publicly available from BCI). o Rocket boxes shall be installed prior to the bat roosting season (March 31st to October 1st). o Bat boxes shall be painted/coloured black. o Bat boxes shall receive at least 6 to 8 hours of direct sunlight. o Bat boxes shall be placed at least 6 metres from the nearest tree branch, wires or other potential perches for aerial predators. o A predator guard is to be installed below the box. 4.04 • Bank Swallow: In order to prevent Bank Swallow from nesting in stockpiles of soil, overburden or other similar materials, all slopes created by stockpiling material in the Study Area shall be maintained at 70° or less by sloping off stockpiles to create the desired slopes, contouring faces or piling material on the face for the duration of the overall bird nesting period of April 1 to August 31. 4.05 • Turtles: Exclusion fencing shall be installed around any stockpiles placed in the vicinity of a watercourse/waterbody prior to June 30 to prevent turtle nesting. Stockpiles placed after June 30 do not require exclusionary fencing as this is after the typical period for turtle egg laying. 5.0 Fish and Fish Habitat MTO / MECP / 5.01 • Access to waterbodies and banks shall be limited to protect riparian vegetation and to minimize - - - MNRF / TRCA bank disturbance. 5.02 • In-water work below the HWM and work on watercourse banks shall be carried out during the - - - appropriate in-water timing window: − Crossing 1: permitted in-water timing window of July 1 – March 31 (i.e., no in-water work is permitted from April 1 – June 30). − Crossings 5, 8, and 9: permitted in-water timing window of June 15 – September 30 (i.e., no in- water work is permitted from October 1 – June 14). − Crossings 4 & 7 do not provide fish habitat so no applicable timing window. No in-water work or work in proximity to the waterbody is proposed for Crossings 2 & 3 and therefore no applicable timing window). 5.03 • An Erosion and Sediment Control Plan shall be designed and implemented for each watercourse - - - where work is proposed within 30 metres of a watercourse to contain/isolate exposed soils, stockpiled materials and unstable areas in the work zone and to prevent the release of sediment to all waterbodies and ensure the work site is stabilized prior to removal of ESC measures following construction (as per OPSS 805).

164 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 5.04 • Design and implement an in-water work area isolation plan to maintain clean flow around the work - - - area at all watercourse locations where in-water work is proposed (Crossing 4, 5, 8, and 9) (as per OPSS 805 and 517). The design shall: − Use only clean materials free of particle matter for temporary cofferdams; − Manage flow withdrawal and discharge to prevent erosion and the release of sediment to a waterbody; and − Ensure work zones are stabilized against high flows at the end of each work day. 5.05 • Design and install culverts to prevent creation of barriers to fish movement and maintain bankfull - - - channel functions and habitat functions to the extent possible (D-C). Where permanent in-water structures are placed in fish habitat (i.e. Crossings 5 & 8), naturalize these areas by placing river stone below the 2-year HWM (as per OPSS 1005). Design and install in-stream cover to replace or re-instate fish cover removed, altered or disturbed during construction (as per OPSS 182). 5.06 • As per OPSS 182 any fish isolated in the work area shall be transferred (using appropriate - - - capture, handling and release techniques to prevent harm and minimize stress) downstream or away from the construction area. Fish screens shall be used to avoid entrainment of fish in pumps or hoses. 5.07 • Design and implement a work area containment plan to isolate all above-water work to prevent the - - - release of sediment or other contaminants to a waterbody (as per OPSS 517). The design shall include regular inspection, repair, removal and disposal of isolation measures and materials. Work zones should be clearly delineated prior to works to avoid the unintentional intrusions into nearby natural area. 5.08 • Where possible, organic material barriers (i.e. fiber roll barrier, sediment log, coir rolls etc.) shall be - - - used in the drainage ditches to mitigate sediment transport. 5.09 • Materials used or generated during construction (i.e. organics, soil, woody debris, temporary - - - stockpiles, construction debris, etc.) shall be stored and managed in a way that prevents the release of these materials to a waterbody. This shall include storing materials a safe distance from a waterbody (i.e., greater than 30 metres from any watercourse) and/or isolation measures (as per OPSS 182). 5.10 • Dewatering operations shall be managed to prevent erosion or the release of sediment-laden - - - water to a waterbody (as per OPSS 805). 5.11 • A Spills Management Plan shall be prepared and shall include materials, instructions, education - - - and emergency numbers. The plan shall be kept onsite at all times, communicated to work crews and be properly implemented in the event of accidental spills (OC – Spill Prevention and Response Contingency Plan). 5.12 • Operate, store and maintain equipment and associated materials in a manner and at a distance - - - that prevents the entry of any deleterious substance from entering a waterbody (as per OPSS 182). Any part of equipment entering the waterbody or operating from the bank shall be cleaned, free of fluid leaks and in good working condition.

165 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 5.13 • Isolated in-water work areas must be cleared of fish prior to commencement of work. Fish must be - - - released unharmed downstream. Intakes of pumps and hoses for de-watering of in-water work areas shall be screened to avoid impingement and/or entrainment of fish (as per OPSS 182). 5.14 • Rehabilitation - - - − Re-stabilize any portion of the bed of a waterbody disturbed during construction to pre- construction conditions (or better – see Drainage Drawings for Table 4 [D2] for existing substrate conditions). This shall include morphological elements and substrate (as per OPSS 182); − Re-stabilize the banks of a waterbody that have been disturbed during construction to pre- construction conditions or better (as per OPSS 182 and OPSS 804). This shall include riparian vegetation or stone material, temporary measures and the avoidance of hard engineering; and − Re-stabilize and re-vegetate soils exposed or disturbed during construction, including new or cleaned-out ditches (as per OPSS 182). 5.15 • Monitoring − In-water and near-water work shall be monitored daily to ensure mitigation measures are properly implemented, functioning, maintained and repaired as needed, and removed following construction (as per OPSS 182); and, − Erosion and Sediment Control in accordance with MTO NSSP (OPSS 805 and SP805F01). 6.0 Drainage/Hydrology MTO / EC / 6.01 • Surface Water Diversions: The Contractor will be required to submit a temporary flow diversion - - - & Surface Water MECP / DFO / plan to maintain flow around the site so that construction can be completed in the dry. As per TRCA Section 2.1 of O. Reg. 387/04 of the Ontario Water Resources Act (OWRA), a passive in-stream surface water diversion and it therefore does not constitute a ‘water taking’ under the Act and does not require registration on the Environmental Activity and Sector Registry (EASR). However, should the contractor opt for an active in-stream diversion of water using a pumped system, the contractor will be required to make certain that the conditions identified in Section 4.2 (3) of O. Reg. 387/04 of the OWRA are met in order for the works to be exempt from the Act. 6.02 • Temporary Flow Passage System - - - 6.03 • OPSS 517 – Construction Spec. for Dewatering - - - 6.04 • OPSS 805 – Construction Specification for Temporary Erosion and Sediment Control Measures - - - 6.05 • Operational Constraint - Equipment Refueling, Maintenance and Washing - - - 6.06 • OPSS 804 – Construction Specification for Seed and Cover - - - 6.07 • OPSS 180 – General Specification for the Management of Excess Materials - - - 6.08 • OPSS 100 General Conditions of Contract, Section GC 7.13.02 Environmental Incident Management. - - - 7.0 Groundwater MTO / MECP 7.01 • OPSS 805 – Construction Specification for Temporary Erosion and Sediment Control Measures - - - 7.02 • Operational Constraint - Equipment Refueling, Maintenance and Washing - - - 7.03 • OPSS 180 – General Specification for the Management of Excess Materials - - - 7.04 • OPSS 100 General Conditions of Contract, Section GC 7.13.02 Environmental Incident - - - Management - Requirements for containment, notification and cleanup.

166 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

167 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 11.0 Waste & MTO / MECP / 11.01 Designated Substances - - - Contamination MUN • All suspected or otherwise confirmed ACMs at the bridge DSS Site which will be potentially disturbed by the rehabilitation work must be removed prior to any other work been completed in the immediate area of that ACM material. All ACM abatement work must be completed in accordance with O. Reg. 278/05 of the OHSA with procedures described above for confirmed ACMs at the Site. Waste asbestos materials must be disposed of off-site at a licensed landfill in accordance with O. Reg. 347, as amended, of the Ontario Environmental Protection Act. 11.02 • During the scheduled bridge rehabilitation work, a contractor must stop any work in the event - - - suspected ACM or other unknown and suspect building materials are encountered that were not already documented in the Designated Substance Survey (DSS) report completed by AECOM as either ACM, non-ACM, or remain suspected due to limitations of the DSS work. The contractor should then contact AECOM, and either have the newly encountered materials sampled and analyzed for ACM or treat the material as containing ACM and take appropriate action based on current applicable legislation and guidelines. 11.03 • All remaining road level non-friable waterproofing membrane along the bridge Sites not previously - - - sampled as part of this DSS program (37-208/1, 37-208/5, 37-206/1, and 37-207/1) should be sampled prior to any scheduled demolition work to confirm whether or not they contain asbestos or otherwise assumed to contain asbestos and treated as such. 11.04 • All remaining bridge barrier wall insulation along the bridge Sites not previously sampled as part of - - - the DSS program (37-322 and 37-208/1) should be sampled prior to any scheduled work to confirm whether or not they contain asbestos or otherwise assumed to contain asbestos and treated as such. 11.05 • A qualified contractor must control all DSS Sites repair or maintenance activities on site to - - - minimize worker exposure to silica and/or lead dust in accordance with O. Reg. 490/09. As required by O. Reg. 490/09, airborne silica concentrations must not exceed a TWA of 0.10 milligrams of silica per cubic metre for quartz/tripoli and a TWA of 0.05 milligrams of lead per cubic metre for elemental lead, inorganic and organic compounds of lead respectively. Recycling of silica-based materials removed from any work areas should be conducted in accordance with O. Reg. 102/94 and O. Reg. 103/94 under the Ontario Environmental Protection Act. 11.06 General Waste Management - surplus and waste materials shall comply with the following: - - - − Waste classification of key excess materials generated by the work; − Conditions for management of each waste classification generated by the work, including management by re-use, as disposable fill, as non-hazardous solid industrial or commercial waste, by stockpiling and by disposal as subject waste; − Distance separations from waterbodies, groundwater, water wells and residences for management by re-use, as disposable fill, and by stockpiling; and − Completion and signature of stipulated Forms by owners of property used for management by stockpiling for re-use or as disposable fill. 11.07 General Waste Management – surplus and waste materials shall comply with the following: - - - • MTO non-standard special provision ‘Operational Constraint (Environmental) – Management of

168 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring Excess Earth with Salt Impacts’ specifies when excess earth is managed as disposable fill: − Placed taking into account possible elevated concentrations of chloride and sodium and elevated values for electrical conductivity and sodium adsorption ratio; − Obtaining receiving property owner signature granting permission to place earth material with acknowledging the above; and Conducting sampling if required by receiving property owner. 11.08 General Env. Protection - - - • OPSS 100 ‘General Conditions of Contract’, GC 3.03 specifies: Requirement to alter operations per direction of the contract administrator is determined to be damaging to the environment 11.09 • OPSS 100 ‘General Conditions of Contract’, GC 7.07 specifies: - - - − Requirement to control dust so that it does not affect traffic, enter surface waters, or escape beyond the right-of-way to cause a nuisance to residents, business or utilities. 11.10 • OPSS 100 ‘General Conditions of Contract’, GC 7.13.02 Environmental Incident Management specifies: − Requirements for containment, notification and cleanup 11.11 • MTO non-standard special provision ‘Operational Constraint (Environmental) – General Environmental Protection’ specifies: − Requirement that environmental protection comply with the conditions of approvals and permits exemptions, agreements, reports and clearances provided by the owner or obtained by the contractor − Requirement to control material, equipment and construction operations to avoid and minimize direct physical damage; sediment, noise, vibration, dust, chemical, and other emissions; and interference with local use, access and passage. 11.12 Hazardous Materials and Handling and Storage • All potentially hazardous products shall be stored in a pre-designated, safe and secure product storage location on the Site, set back at least 30 metres from all water bodies or watercourses, in accordance with provincial legislation. 11.13 • All products shall be properly labelled according to Workplace Hazardous Materials Information System (WHMIS). SDS will be kept on-site in the material storage pad and staging area, clearly marked and accessible to on-site personnel. 11.14 • Products shall only be handled by personnel who are WHMIS trained and qualified in handling the specific product. All personnel shall wear the proper personal protective equipment (PPE) when handling hazardous or flammable materials. 11.15 • Greasy or oily rags or materials subject to spontaneous combustion shall be deposited and stored in appropriate receptacles in the material storage pad and staging area. This material shall be removed from the Site on a regular basis (i.e., at least monthly) and shall be collected by an approved subject waste hauler or cleaned for re-use.

169 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 11.16 • Waste products associated with equipment maintenance will be disposed of off-site in accordance with applicable regulations. 11.17 • A written inventory of materials stored onsite by the Contractor shall be maintained and updated weekly to reflect materials used onsite by other contractors, vendors or subcontractors as necessary. 11.18 • Any spilled product shall be contained and cleaned up and reported in accordance applicable regulations. 11.19 • All material storage shall comply with Technical Standards and Safety Authority (TSSA) regulations and local fire codes. 11.20 • The condition of storage sites will be inspected daily by the inspector and documented for evaluation of compliance with regulatory requirements. Any deficiencies in material storage will be reported and the Contractor shall complete an Incident Follow-up Form to confirm that the deficiency was addressed. 11.21 • Spill Prevention − If highway improvement work (i.e., excavation) is conducted in the vicinity of the twenty (20) spill locations as illustrated on Figures 35 to 44, special attention should be paid to the soil and groundwater in the area for any visual evidence of contamination (i.e., discoloration, odour or free product). If visual evidence of contamination is noted, further investigation of the soil and/or groundwater quality in the area will be required. − Spill response shall comply with OPSS 100 ‘General Conditions of Contract’, GC 7.13.02 Environmental Incident Management, which specifies the requirements for containment, notification and cleanup. − Be prepared to intercept, clean up, and dispose of spills or releases that may occur whether on land or water. Maintain materials and equipment required for cleanup of spills or releases readily accessible on the Site. − Provide training to Site personnel in how to prevent, mitigate the impacts, and respond quickly to spills. − Maintain as small quantities as possible of any potentially harmful materials to the natural environment. − Ensure that there are no direct routes between material storage areas and water bodies or drainage pathways thereto. − Provide secondary containment for waste water collection tanks and liquid material storage areas where appropriate and feasible. − Outfit all jerry cans with automatic closures. − Ensure all equipment is maintained regularly and that all fluid lines (i.e., brakes, hydraulic, fuel) are in good condition and are not leaking. Inspections, maintenance, and repairs shall be completed by qualified professionals and documented by the contractor who owns or is leasing the equipment. − Provide waste receptacles to prevent the generation of litter on the Site. − Include litter-prevention training as part of the overall environmental training provided to Project personnel.

170 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

Environmental Changes to Mitigation / Agencies New Mitigation / Concerned ID # Element / Concern ID# Details/Mitigation Mitigation/Protection/Monitoring/Future Commitments Protection / Monitoring Response to Protection / Agencies and Potential Impact (Yes / No / N/A) Date Monitoring 11.22 • To reduce the likelihood of an event involving a spill or leak, the following procedures shall be followed. − All water control devices and hoses shall be inspected daily and monitored to ensure proper working order. − All hoses and connections on equipment will be inspected routinely by truck operators for leaks and drips. − All equipment and vehicle leaks must be reported immediately and repaired prior to continued use. − All material storage areas shall be inspected daily for signs of spills, general housekeeping, state of spill containment units and features, and availability of appropriate spill control supplies. − Fuel storage, vehicles and equipment will be stored at designated areas a minimum of 30 metres from a watercourse. − Vehicle maintenance will be enhanced and good housekeeping practices will be implemented. − Water tight trucks or lined truck beds will be used to transport wet excavated material and debris that may otherwise leak. 12.0 Navigation MTO / TC 12.01 • Following confirmation with Transport Canada that the only watercourse within the study area of - - - navigation concern is the East Don River, AECOM followed Transport Canada’s new Navigation Policy (effective Fall 2019) and completed the public resolution process for a non-scheduled waterway (i.e. E. Don River). A description of the project and location information was submitted to the Navigation Protection Program (NPP) website and filed under registration no. 2245. This information can be reviewed by accessing the NPP’s project search tool at https://common-project- search.canada.ca and entering the above noted file number. • As part of the public resolution process a public notice identifying the work proposed at the affected watercourse has been posted on the project website at www.hwy401avenue-to-warden- ebcollectors.com for a 30 day review period. This posting, occurring simultaneously with the DCR review period, starts September 21, 2020 and ends October 20th, 2020 and provides opportunity for the submission of comments regarding the effect of the work proposed on marine navigation. Once completed this satisfies Transport Canada’s navigation requirements for this undertaking. 12.02 • Transport Canada’s Navigation Policy has been followed to address navigation concerns for this - - - undertaking including posting of a public notice as part of the public resolution process. As such, no additional mitigation is required to address navigation; however, this will be revisited following the receipt of any applicable comments during the 30 day review period which concludes on October 20, 2020.

171 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

172 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

7. Monitoring

7.1 Project Specific Technical Monitoring

During the completion of the Detail Design, the contract drawings and specifications were developed to allow the project to be tendered for construction. There is a possibility that minor design modifications or refinements may be required as a result of recommendations made by the Contractor, which could result in environmental benefits or impacts that may not have been anticipated or identified in this document. Should this occur, the modifications are not anticipated to alter the basic intent of the undertaking. Pertinent changes resulting from significant design modifications/refinements will be discussed with appropriate external agencies prior to construction, as deemed necessary.

During construction, the on-site Contract Administrator will ensure that implementation of mitigation measures and key design features are consistent with the contract, external commitments and permit requirements. In addition, the effectiveness of the environmental mitigation measures is to be assessed to ensure that:

 Individual mitigation measures are providing the expected control and/or protection;  Composite control and/or protection provided by the mitigation measures is adequate;  Mitigation measures are maintained and any necessary repairs completed quickly; and  Additional mitigation measures are provided, as required, for any unanticipated environmental problems that may develop during construction.

An Environmental Inspector will ensure that the environmental protection measures outlined in this report and in the subsequent contract document/specifications are carried out. In the event that problems develop, appropriate MTO and external agency representatives will be contacted to provide additional input and to address specific notification requirements as may be required under specific legislation.

The Environmental Inspector will be operating under the direction of the Contract Administrator, in compliance with the MTO Construction Administration and Inspection Task Manual (May, 2010) (CAIT Manual). The CAIT Manual task descriptions provide guidance to those involved in inspection on Ministry of Transportation construction contracts, to ensure that the quality and quantity of the work is in accordance with Ministry specifications, standards, drawings, policies and procedures.

173 Ontario Ministry of Transportation Rehabilitation of Highway 401 Eastbound Collector Lanes from Avenue Road to Warden Avenue Detail Design and Class Environmental Assessment Study (Group ‘B’)

If the impacts of construction differ from those anticipated, or the method of construction is such that there are greater than anticipated impacts, the Contractor’s methods of operation will be changed or modified to reduce those impacts.

7.2 Project Specific Class EA Monitoring

During construction, it will be ensured that external notification and consultations are consistent with any commitments that may have been made earlier. Following construction, monitoring will be carried out to check that follow-up information is provided to external agencies as per any outstanding environmental commitments.

The Contractor will also provide a minimum of two weeks advance notice to the following agencies in advance of the construction work. Written verification of this notification will be provided to the Contract Administrator:

7.3 Contract Administration

Contract Administration for this project will ensure effective translation of measures to protect environmental sensitivities. It is noted that environmental effects can be mitigated through implementation of Best Construction Management Practices, as provided in the OPSSs, and SSPs and NSSPs contained in the Contract Package, and implementation of the prescribed Construction Monitoring Program.

7.4 Project Monitoring

7.4.1 Inspection by Construction Staff

Construction is subject to daily general on-site inspection to ensure the execution of the environmental component of the work and to deal with environmental problems that may develop during construction. This is the primary method for compliance monitoring.

7.4.2 Site Visits by Environmental Staff

Construction projects with significant mitigating measures /concerns are subject to periodic site visits by Construction Administration environmental staff. The timing and frequency of such visits are determined by the schedule of construction operations, the sensitivity of environmental concerns and the development of any unforeseen environmental problems during construction. Staff will use the inspection asks outlined in the Construction Administration and Inspection Task Manual, Contract Special Provisions and Ontario Provincial Standard Specifications as a guide for the monitoring of all aspects of the work. Ontario Ministry of Transportation staff will be available should difficulties arise.

174