Highway 407 East Phase 1 DESIGN AND … · WDL S-W Ramp Underpass, Structure M30 .....64 3.3.6. Highway 407 East Phase 1 Overpass at WDL E-S Ramp, Structure M31 Highway 407 East Phase

Highway 407 East Phase 1

DESIGN AND CONSTRUCTION REPORT #5

Segment A2 - Grading, Drainage, Paving and Structures

610706-00-6D-RR-CGP-R005_01

September 2013

Project Name Highway 407 East Phase 1

Client Name: Her Majesty the Queen

Title Page Document Number Rev.

Design and Construction Report #5 1 of 127 610706-00-6D-RR-CGP-R005 01

Public Record Viewing Locations

(MOE file number EA-02-07)

This document can be electronically accessed at: 38Thttp://www.407eastphase1.ca38T

Copies can also be found at public viewing locations listed below:

City of Pickering: Clerks Department 1 The Esplanade, Pickering Tel: 905-420-2222

Pickering Public Library - Main Branch 1 The Esplanade, Pickering Tel: 905-831-6265

Town of Ajax: Clerk‟s Department 65 Harwood Ave. S., Ajax Tel: 905-683-4550

Ajax Public Library - Main Branch 55 Harwood Ave. S., Ajax Tel: 905-683-4000

Town of Whitby: Clerk‟s Department 575 Rossland Rd. E., Whitby Tel: 905-668-5803

Whitby Public Library - Main Branch 405 Dundas St. W., Whitby Tel: 905-655-6531

City of Oshawa: Clerk‟s Department 50 Centre St. S., Oshawa Tel: 905-436-3311

Oshawa Public Library - Main Branch 65 Bagot St., Oshawa Tel: 905-579-6111

Regional Municipality of Durham: Clerk‟s Department 605 Rossland Rd. E., Whitby Tel: 905-668-7711

407 East Development Group: 407 East Phase 1 Project Office 400 Dundas St. E., Unit 2, Whitby Tel: 1- 855-463-3109

Ministry of Transportation: Major Project Office, Building "D", 7th Floor 1201 Wilson Ave., Downsview Tel: 416-235-3749

Ministry of Environment: Environmental Approvals Branch 2. St. Clair Ave. W., Floor 12A, Toronto Tel: 1-800-461-6290

En français: Ce document hautement spécialisé n'est disponible qu'en anglais en vertu du règlement 411/97, qui en exempte l'application de la Loi sur les services en français. Pour de l'aide en français, veuillez communiquer avec le ministère des Transports, Bureau des services en français au: 905- 704-2045 ou 905-704-2046.

http://www.407eastphase1.ca/





List of Acronyms

407ECGP 407 East Construction General Partnership

407EDG 407 East Development Group

BMP Best Management Practices

CEAA Canadian Environmental Assessment Act

CLOCA Central Lake Ontario Conservation Authority

CP Rail Canadian Pacific Railway

CVP Community Value Plan

DCR Design and Construction Report

DFO Fisheries and Oceans Canada

DSS Designated Substance Surveys

EA Environmental Assessment

EAC 407 East Advisory Committee

Enbridge Enbridge Gas Distribution/Enbridge Pipeline Inc.

ESA Endangered Species Act, 2007

ESCP Erosion and Sediment Control Plan

HADD Harmful Alteration, Disruption or Destruction (of Fish and/or Fish Habitat)

IO Infrastructure Ontario

MNR Ministry of Natural Resources

MOE Ontario Ministry of the Environment

MTAG Municipal Technical Advisory Group

MTCS Ministry of Tourism, Culture and Sport

MTO Ontario Ministry of Transportation

NPC Noise Pollution Control

OEAA Ontario Environmental Assessment Act

PIC Public Information Centre

Project Highway 407 East Phase 1 Project

RAG Regulatory Agencies Group

ROW Right-of-Way

SAR Species at Risk

SWM Stormwater Management

TRCA Toronto and Region Conservation Authority

WDL West Durham Link





TABLE OF CONTENTS

P.1. PROJECT BACKGROUND AND OVERVIEW ................................................................ 7

P.1.1. 407 East Transportation Corridor ........................................................................ 8

P.1.2. Environmental Assessments ............................................................................... 8

P.1.3. Phased Implementation ....................................................................................... 8

P.1.4. Project Delivery ..................................................................................................11

P.1.5. Current Design Build ..........................................................................................11

P.2. PROJECT ORGANIZATION & IMPLEMENTATION ..................................................... 13

P.2.1. 407 East Development Group ............................................................................13

P.2.2. 407 East Construction General Partnership .......................................................13

P.3. ENVIRONMENTAL ASSESSMENT PROCESS ............................................................ 15

P.3.1. Ontario Environmental Assessment Act .............................................................15

P.3.1.1. Ministry of Transportation Class Environmental Assessment ................ 16

P.3.2. Canadian Environmental Assessment Act ..........................................................17

P.3.3. Other Provincial/Federal Approvals ....................................................................18

P.4 PURPOSE OF DESIGN AND CONSTRUCTION REPORTS (DCR) ............................. 19

P.5 OVERALL CONSULTATION PLAN ............................................................................. 20

P.5.1. Engagement of Stakeholders .............................................................................21

P.6. PLAN FOR HIGHWAY DESIGN, BUILD AND DCR SUBMISSION .............................. 24

1. OVERVIEW OF PROPOSED WORK ACTIVITIES ........................................................ 29

1.1. Structures ...........................................................................................................29

1.2. Drainage, Grading, and Stormwater Management Ponds...................................31

1.2.1. Stormwater Management Ponds........................................................... 31

1.3. Other Related Works ..........................................................................................32

2. CONSULTATION PROCESS ........................................................................................ 41

2.1. Government Agencies and Municipalities ...........................................................42

2.1.1. Municipal Technical Advisory Group ..................................................... 42

2.1.2. 407 East Advisory Committee ............................................................... 44

2.1.3. Regulatory Agency Group..................................................................... 45

2.1.4. Utilities Coordination ............................................................................. 47

2.2. Public and Stakeholder Participation ..................................................................47

2.2.1. Notifications .......................................................................................... 48

2.2.2. Public Information Centre #5 ................................................................ 50

2.3. First Nations Consultation ..................................................................................55

2.4. Public and Stakeholder Input to Detail Design ....................................................56

3. DETAILED DESCRIPTION OF THE RECOMMENDED DESIGN ................................. 57





3.1. Consideration of Design Alternatives ..................................................................57

3.1.1. Lynde Creek Tributary „A‟, Water Crossing Site 16 (Structure M22) ...... 57

3.1.2. Lynde Creek Tributary „G‟, Water Crossing Site 19 (Structures M35 and M36) ..................................................................................................... 58

3.1.3. Lynde Creek Tributary „D‟, Water Crossing Site 41B (Structure W30) ... 59

3.1.4. Highway 407 East Phase 1 Overpass at WDL E-S Ramp (Structure M31/M31A) ........................................................................................... 59

3.2. Highway 407 East Phase 1 Mainline and West Durham Link .............................60

3.2.1. Highway 407 East Phase 1 Mainline Cross-Section.............................. 60

3.2.2. West Durham Link Cross-Section ......................................................... 62

3.3. Structures ...........................................................................................................63

3.3.1. Lynde Creek Tributary „A‟ Culvert, Structure M22 ................................. 63

3.3.2. Kinsale Road Underpass, Structure M23 .............................................. 63

3.3.3. Lake Ridge Road Underpass, Structure M24 ........................................ 63

3.3.4. Lake Ridge Road Loop Ramp N-E Overpass at WDL Ramp W-S, Structure M29 ....................................................................................... 64

3.3.5. WDL S-W Ramp Underpass, Structure M30 ......................................... 64

3.3.6. Highway 407 East Phase 1 Overpass at WDL E-S Ramp, Structure M31 ............................................................................................................. 64

3.3.7. Lake Ridge Ramp E-N/S Overpass at WDL Ramp E-S, Structure M31A ............................................................................................................. 65

3.3.8. Coronation Road Underpass, Structure M32 ........................................ 65

3.3.9. Coronation Road Underpass at WDL Ramp E-S, Structure M33 .......... 65

3.3.10. Coronation Road Underpass at WDL Ramp S-E, Structure M34 .......... 65

3.3.11. Lynde Creek Tributary „G‟ Bridge, Structure M35 .................................. 66

3.3.12. WDL Ramp E-S Bridge over Lynde Creek Tributary „G‟, Structure M36 66

3.3.13. Lynde Creek Tributary „H‟ Bridge, Structure M37 .................................. 66

3.3.14. WDL Ramp E-S Overpass at Highway 7, Structure W26 ...................... 67

3.3.15. WDL Ramp S-W Overpass at Highway 7, Structure W27 ..................... 67

3.3.16. WDL Ramps S-W and S-E Bridge over Lynde Creek Tributary „D‟, Structure W30 ....................................................................................... 67

3.4. Drainage Systems and Stormwater Management ..............................................67

3.4.1. Highway 407 East Phase 1 Mainline - West of the Halls Road ............. 68

3.4.2. Highway 407 East Phase 1 Mainline - WDL Interchange and Eastward 69

3.4.3. West Durham Link ................................................................................ 69

3.4.4. Stream Realignments ........................................................................... 70

3.5. Utility Relocations ...............................................................................................70

3.6. Construction Staging, Traffic Management, Road Closures and Detours ...........72

3.6.1. Lake Ridge Road. ................................................................................. 72

3.6.2. Kinsale Road ........................................................................................ 72





3.6.3. Coronation Road .................................................................................. 73

3.6.4. Highway 7/Winchester Road ................................................................. 73

3.6.5. Halls Road and Country Lane - Permanent Road Closures .................. 73

4. ENVIRONMENTAL IMPACTS, PROPOSED MITIGATION AND COMMITMENTS ...... 74

4.1. Natural Environment ...........................................................................................74

4.1.1. Fish and Fish Habitat ............................................................................ 74

4.1.2. Groundwater ......................................................................................... 82

4.1.3. Vegetation ............................................................................................ 84

4.1.4. Wildlife and Wildlife Habitat .................................................................. 87

4.1.5. Surface Water Protection/Erosion and Sediment Control ...................... 93

4.1.6. Designated Environmentally Significant Features ................................. 96

4.1.7. Species at Risk ..................................................................................... 97

4.2. Socio-Economic Environment .......................................................................... 101

4.2.1. Provincial and Municipal Policies and Plans ....................................... 101

4.2.2. Community Value Plan ....................................................................... 102

4.2.3. Land Use ............................................................................................ 103

4.2.4. Traffic Staging and Management ........................................................ 107

4.2.5. Noise and Vibration ............................................................................ 108

4.2.6. Air Quality ........................................................................................... 110

4.2.7. Property Contamination and Waste Materials Management ............... 113

4.2.8. Landscaping ....................................................................................... 117

4.3. Cultural Environment ........................................................................................ 118

4.3.1. Archaeological Resources .................................................................. 118

4.3.2. Built Heritage Resources and Cultural Landscapes ............................ 121

4.4. Summary of Environmental Effects, Proposed Mitigation and Commitments to Further Work ............................................................................................................... 123

5. PROJECT MONITORING ........................................................................................... 125

5.1. 407EDG Obligations ......................................................................................... 125

5.2. Ontario Ministry of Transportation Obligations .................................................. 126

5.3. Environmental Assessment Compliance Monitoring ......................................... 126





LIST OF TABLES Table P.1: Other Permits and Approvals Required Prior to Construction .............................19 Table P.2: Overall Plan for Design and Construction Reports and PICs ..............................26 Table 2.1: Summary of Public and Stakeholder Comments from PIC #5 .............................53

LIST OF FIGURES Figure P-1: Highway 407 East Phase 1 and 2 .......................................................................10 Figure P-2: 407 East Development Group ............................................................................14 Figure P-3: Overview of Highway 407 EA Process ...............................................................16 Figure P-4: Highway 407 East Phase 1 Key Plan .................................................................25 Figures 1-1: Highway 407 East Phase 1 - Segment A2 (A2-1 to A2-6) ...................................34 Figure 3-1: Typical Cross Section – Highway 407 East Phase 1 Mainline ............................61

APPENDICES 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A Design Drawings

Appendix A-1 Civil Design Drawings Appendix A-2 Structural Design Drawings

Appendix B Consultation Materials

Appendix B-1 Notice of Public Information Centre Appendix B-2 Public Information Centre Display Boards Appendix B-3 Submitted Comment Forms Appendix B-4 Notice of Submission

Appendix C Summary of Environmental Effects, Proposed Mitigation and

Commitments to Further Work Appendix C-1 Summary of EA Commitments and Compliance Monitoring Appendix C-2 EA Commitments and Assurances Appendix C-3 Environmental Effects Monitoring Commitments Appendix C-4 MOE Notice of Approval Conditions





PREFACE

P.1. PROJECT BACKGROUND AND OVERVIEW

In 2007 the Ontario Ministry of Transportation (MTO) in consultation with the Region of Durham,

and surrounding municipalities initiated the 407 East Individual Environmental Assessment and

Preliminary Design Study (August, 2009) (“407 East Transportation Corridor EA”) under the

Ontario Environmental Assessment Act. This study was intended to support the transportation

objectives of the provincial Growth Plan for the Greater Golden Horseshoe by providing for the

efficient movement of people and goods within the study area.

The need for an east-west freeway, north of Toronto and connecting to Highway 35/115 in

Clarington was initially considered in the 1950s and 1960s, and the 407 transportation corridor

was included in the Parkway Belt West Plan in 1978. The existing Highway 407 corridor

originates at the Queen Elizabeth Way in the City of Burlington and terminates at Brock Road in

the City of Pickering. To date, planning decisions related to land use and transportation have

included the easterly extension of the Highway 407 corridor. Various planning studies were

previously undertaken to determine the location of particular segments of the 407 corridor as it

exists today. A recommendation for the inclusion of a dedicated right-of-way (ROW) for transit

as part of the 407 East Transportation Corridor through Durham Region was also made

previously through a variety of studies.

Key areas addressed in the 407 East Transportation Corridor EA included:

To provide a new transportation corridor to address transportation capacity deficiencies;

To provide a comprehensive freeway network through Durham Region to improve

mobility, network flexibility and provide an alternative emergency/detour freeway route in

Durham Region;

To offer relief to traffic congestion on local roads, as the freeway will provide an alternate

route for through traffic;

To meet infrastructure needs to address continued population and employment growth in

Durham Region and eastern Greater Toronto Area; and

To allow for better and more efficient transportation and flow of goods between Toronto

and eastern Ontario.





P.1.1. 407 East Transportation Corridor

The 407 East Transportation Corridor will extend Highway 407 by 50.0 kilometres (km) from

Brock Road to Highway 35/115. This includes 2 north-south links of 10.0 km connecting the

Highway 401 to the proposed 407 Transportation Corridor, with 1 link in West Durham (Whitby)

and the other link in East Durham (Clarington).

The ultimate design plan of includes:

Ten lanes from Brock Road to Harmony Road and 8 lanes from Harmony Road to the

East Durham Link;

Six lanes from the East Durham Link to Highway 35/115, 6 lanes on the West Durham

Link (WDL) and 6 lanes on the East Durham Link;

110.0 metre (m) highway ROW and 60.0 m transitway ROW. The highway component

includes provisions for High Occupancy Vehicle lanes for passenger vehicles;

Twenty interchanges, 14 road closures, 42 road crossings, 65 stormwater management

(SWM) ponds; and

Two highway maintenance facilities, 2 transitway maintenance facilities, 2 commercial

vehicle inspection facilities, 3 truck lay-bys along the links and 17 transitway stations.

P.1.2. Environmental Assessments

The 407 East Transportation Corridor EA was captured by both federal and provincial

environmental assessment (EA) legislation.

In June 2010, the Ontario Minister of the Environment (MOE), under the Ontario Environmental

Assessment Act (OEAA), granted approval (subject to conditions) of the 407 East

Transportation Corridor EA.

Shortly afterwards, in July 2011, the Federal Minister of the Environment, under the Canadian

Environmental Assessment Act (CEAA), approved the Comprehensive Study Report and made

a decision that the 407 Transportation Corridor is not likely to cause significant adverse

environmental effects with the implementation of appropriate mitigation measures.

P.1.3. Phased Implementation

The Highway 407 East Transportation Corridor will be implemented in phases by Infrastructure

Ontario (IO), in partnership with MTO (“the Province of Ontario”). Please refer to Figure P-1.

Phase 1 (“Highway 407 East Phase 1”, “the Project”) is scheduled to start early in 2013 and will

be completed by late 2015 and includes 32.0 km of highway from east of the Brock Road

interchange in Pickering to east of Harmony Road in Oshawa and the WDL.





Phase 2 of the 407 East Transportation Corridor will be divided in 2 parts. Phase 2A from

Harmony Road to Taunton Road/East Durham Link is scheduled to be completed by 2017.

Phase 2B includes the section from Taunton/East Durham Link to Highway 35/115, and a 10.0

km north-south highway (East Durham Link) connecting Highway 407 East and Highway 401

and is anticipated to be completed in 2020.





Figure P-1: Highway 407 East Phase 1 and 2





P.1.4. Project Delivery

The implementation of Highway 407 East Phase 1 will occur using an Alternative Finance and

Procurement delivery model. The Province of Ontario has awarded the rights to design, build,

finance and maintain the Project for a 30-year concession period to the 407 East Development

Group (407EDG). The Province of Ontario will retain control and ownership of the facility and

be responsible for the tolling rates and revenue.

Design, build, finance and maintain differs from traditional highway design-bid-build projects

because both the finalization of the design details and the construction of a project are carried

out simultaneously. The Highway 407 East Phase 1 is divided into strategic components and

work packages in a manner that allows early parts of the Project to go ahead with construction,

while latter parts of the Project are finalizing their design details. This method is advantageous

for larger construction projects with a short schedule and makes efficient use of resources to

support completion. The Highway 407 East Phase 1 will be a new multi-lane toll highway with

staged widening toward the ultimate development of a comprehensive freeway network through

Durham Region.

P.1.5. Current Design Build

The Highway 407 East Phase 1 design-build development stage encompasses transportation

layout, community features and environmental impact mitigation measures. Supporting

elements, such as drainage, stormwater management (SWM), lighting system and signage are

also considered.

Transportation Layout

The main line of the Highway 407 East Phase 1 is approximately 22 km long, with 7.4 km of 6-

lane east-west freeway from east of Brock Road to the WDL and 12.9 km of 4-lane east-west

freeway from WDL to east Harmony Road. Interchanges are found at Lake Ridge Road,

Baldwin Street (Highway 7/12), Thickson Road, Simcoe Street and Harmony Road.

The WDL is a 4-lane north-south freeway connecting Highway 407 and Highway 401 with

interchanges at Highway 407, Highway 7, Taunton Road, Dundas Street, Lake Ridge Road and

Highway 401.

The Highway 401 and WDL Interchange includes a 5.0 km realignment of Highway 401 (6-lane

freeway) from east of Salem Road to west of Henry Street, with an interchange at the realigned

Lake Ridge Road.





Community Features

Considerations for community-focused features are identified in the Community Value Plan

(CVP) and include but are not limited to:

Enhanced corridor landscaping and aesthetic screening;

Noise mitigation measures;

Gateway features, signage;

Architectural enhancement of bridges;

Local heritage strategies (such as commemorative plantings, signage; adaptive resource

use);

Designated wildlife crossings and associated wildlife fencing;

Wetland restoration;

Trails and pathways; and

First Nations/community commemorative landscape and bridge architectural elements.

Environmental Impact Mitigation Measures

The EAs conducted for the Project concluded that environmental effects of the undertaking can

be appropriately prevented, mitigated or remedied. Mitigation will include noise mitigation,

SWM and snowdrift control among other identified measures.

Vegetation Restoration will be undertaken to replace the loss of forests and wetlands within the

Project lands at 1:1 compensation ratio. The objective of the vegetation compensation will be to

restore and/or enhance wildlife and ecological linkages among vegetation communities and

promote the re-establishment of self-sustaining terrestrial and aquatic environments, including

restoration of Species at Risk (SAR) habitat. In addition, environmental conservation,

enhancement and compensation measures will include:

SAR permit requirements, including implementation and monitoring of Overall Benefit

Plans for recovery of endangered species (Butternut, Redside Dace, Bobolink, Eastern

Meadowlark and Barn Swallow);

Mitigation and documentation of historical First Nations and early settlement sites;

Remediation of contaminated soil;

Implementation of terrestrial mitigation measures (Edge Management Plans, Invasive

Species Management Plan, etc.); and





Design and implementation of fish habitat compensation plans using natural channel

principles for stream realignment designs to ensure no net loss of fish habitat, and where

feasible, overall enhancement.

Public Participation

The public has an important role to play during the design and construction phases of the

Project. Community input to detail designs required for construction will be solicited at Public

Information Centres (PIC) in 2012 and 2013. Questions, feedback and comments are always

welcome.

P.2. PROJECT ORGANIZATION & IMPLEMENTATION

On March 21, 2012, a fixed-price contract between the Province and the 407EDG to design,

build, finance and maintain the Highway 407 East Phase 1 was signed. This partnership is

committed to ensuring that mitigation measures and compliance monitoring are implemented

relative to the commitments made during the EA process and in subsequent detail design

phases.

P.2.1. 407 East Development Group

The 407EDG team includes designers, builders, financiers and operators who will complete the

Project. 407EDG has assumed the responsibility for delivering and complying with all

obligations, commitments, and responsibilities stated in the approved provincial and federal

EAs, applicable permits, authorizations and approvals that are required to execute the Project.

407EDG consists of 2 companies, Cintra Infraestructuras S.A., a division of Ferrovial S.A, and

SNC-Lavalin Inc. (through its division, SNC-Lavalin Capital).

P.2.2. 407 East Construction General Partnership

To design and build the Highway 407 East Phase 1, 407EDG has formed and established a

“Design-Build Contractor” in the form of a “Joint Venture” company referred to as the 407 East

Construction General Partnership (407ECGP). 407ECGP will act as the designers and builders

of the Project and are directly responsible for executing construction and will manage the

design. 407ECGP consists of a fully integrated team of 2 equity members SNC-Lavalin Inc.

through its SNC-Lavalin Construction Division and Ferrovial Agroman S.A. This relationship

ensures the highest levels of quality, innovation, and safety for the design and construction of

the Project.





407ECGP has retained a design team consisting of 3 companies, Jansen & Spaans

Engineering Inc.; AIA Engineers Limited; and SNC-Lavalin Environment (a Division of SNC-

Lavalin Inc.). These 3 companies are responsible for the overall highway design, including road

and pavement design, structures, utilities, illumination, traffic management, environmental

protection and compensation, and components of the CVP.

Figure P-2 outlines the team structure.

Figure P-2: 407 East Development Group

Cintra is one of the world’s largest private developers of highway infrastructure with more than 40 years experience in development and managing highways.

SNC-Lavalin Inc. is one of the leading engineering and construction groups in the world, and major player in the ownership of infrastructure and in the provision of operation and maintenance services.

Ferrovial Agroman is the company heading up the construction division of Ferrovial S.A. and is involved in all areas of construction. Within the context of civil works, the company designs and builds all types of infrastructures such as roads, railways, hydroelectric works and industrial projects.

SNC-Lavalin Construction is a world leader in engineering and construction projects, driven by its overall objective of creating value, in the constant respect of quality, environment and health & safety.





P.3. ENVIRONMENTAL ASSESSMENT PROCESS

The 407 East Transportation Corridor Study was undertaken in accordance with the

requirements for an Individual EA under the OEAA and the requirements of the CEAA, which

are described in the subsequent subsections. Both EA processes were coordinated in

accordance with the Canada-Ontario Agreement on Environmental Assessment Cooperation.

MTO and 407EDG are committed to ensuring that compliance monitoring of commitments made

during both the EAs and subsequent phases, including those related to conditions of permits

and approvals, are adhered to. 407EDG in partnership with MTO is maintaining consultation

efforts to keep interested parties and First Nations informed of activities, future design stages,

and Project implementation.

P.3.1. Ontario Environmental Assessment Act

OEAA Purpose

The purpose of the OEAA is to protect and conserve Ontario‟s environment by ensuring that

projects subject to the Act follow a planning process leading to environmentally sound decision-

making. The intent is to predict the environmental effects of proposed initiatives or projects

before they are carried out. A key component of the OEAA and good planning is to ensure that

reasonable and meaningful consultation opportunities for members of the public, agencies, First

Nations and other key stakeholders are provided throughout the process.

EA Project Phases

The 407 East Transportation Corridor EA followed the requirements of the OEAA under the EA

process (Section 6.1 (2) of the OEAA), with the framework for this study set out in the 407 East

EA terms of reference approved by the MOE in January, 2005.

Six main Project phases were examined, as follows:

Project Initiation;

Transportation Problems and Opportunities;

Transportation Alternatives (Alternatives to the Undertaking);

Route Alternatives (Alternative Methods);

Preliminary Design; and

EA Report.

An overview of the EA study process is shown in Figure P-3.





Figure P-3: Overview of Highway 407 EA Process

Individual Environmental Assessment Report

The 407 East Transportation Corridor EA, was completed in August 2009 and submitted to the

MOE for review and approval. Approval under the OEAA was granted by the Minister of the

Environment in June 2010. The 407 East Individual Environmental Assessment and Preliminary

Design Study (August, 2009) (“EA report”), can be accessed at www.highway407east.com.

P.3.1.1. Ministry of Transportation Class Environmental Assessment

The MTO Class Environmental Assessment for Provincial Transportation Facilities 2000 (MTO

Class EA) is an approved planning document under the OEAA that defines groups of projects

and activities and the EA process which MTO commits to follow for each undertaking, under the

provision of the OEAA.

Under the MTO Class EA, the 407 East Transportation Corridor is considered a „Group A‟ level

Project, due to it being a new provincial transportation facility. Therefore, in accordance with the

MTO Class EA, the 407 East Transportation Corridor EA was conducted following the Individual

EA planning process requirements under the OEAA.

http://www.highway407east.com/





The Highway 407 East Phase 1 is utilizing the MTO Class EA (Design and Construction Report

preparation) in order to document how "Commitments to Future Work and Public Participation"

as described in the EA report are being addressed prior to the commencement of construction

activities.

P.3.2. Canadian Environmental Assessment Act

Overview

The CEAA sets out the responsibilities and procedures for carrying out the EA of projects that

involve federal government decision-making. Under legislation prior to 2012, the federal EA

process applied whenever a federal authority (such as a federal department or federal agency)

had a specified decision-making responsibility in relation to a project. This was known as

triggering for an EA. There were 2 triggers for the Project, federal lands were required to enable

the undertaking to be carried out and the federal government needed to exercise regulatory

duties in relation to the undertaking issue a permit or license that is included in the Law List

Regulations pursuant to CEAA (i.e., Authorization under the Fisheries Act).

Project Scope

The scope of the Project for the federal EA included the entire 407 East Transportation Corridor

development and began as a screening level assessment in May 2008. In March 2010, as a

result of the January 21, 2010 Supreme Court of Canada ruling in MiningWatch Canada versus

Canada (Minister of Fisheries and Oceans et al.), it was determined that the Project was

required to continue to a higher elevated level of assessment, as a Comprehensive Study.

Comprehensive Study Report

As part of federal EA process, the public and Aboriginal groups were invited to provide

comments on the conclusions and recommendations contained in the Comprehensive Study

Report prepared for the Project. The Comprehensive Study Report presents the public,

Aboriginal groups and the Canadian Minister of the Environment with the Canadian

Environmental Assessment Agency‟s analysis, conclusions and recommendations on the

fundamental consideration set out in the Act, which is whether or not the Project is likely to

cause significant adverse environmental effects.

In July 2011, the federal Minister took into account the implementation of appropriate mitigation

measures, and rendered a decision based on the Comprehensive Study Report, that the Project

is not likely to cause significant adverse environmental effects. A follow-up compliance

monitoring program to verify the accuracy of the federal EA and/or determine the effectiveness

of measures taken to mitigate the adverse environmental effects is required, and will by

documented in separate document by 407EDG.





P.3.3. Other Provincial/Federal Approvals

Ontario Endangered Species Act, 2007

Purpose and Project Scope

The Ontario Endangered Species Act, 2007 (ESA) came into force on June, 2008. The Act

provides species protection (s.9) and habitat protection (s.10) to those species listed as

extirpated, endangered and threatened on the SAR in Ontario List, Ontario Regulation 230/08,

issued under the ESA. Note that as of June 30th, 2013, general habitat protection is in place for

transition species. Therefore, all species listed as threatened or endangered under Ontario

Regulation 230/08 are afforded as minimum general habitat protection, unless a habitat

regulation for the species has been issued. At this time, specific habitat protection guidelines

are being rolled out by the Ministry of Natural Resources (MNR) for individual species.

Identified Species at Risk

Through several years of natural heritage inventories, it was determined that the construction of

the Highway 407 East Phase 1 will interact with 5 species and/or their habitat protected under

the ESA, including:

Butternut (Juglans cinerea);

Bobolink (Dolichonyx oryzivorus);

Eastern Meadowlark (Sturnella magna);

Barn Swallow (Hirundo rustica); and

Redside Dace (Clinostomus elongatus).

Permits under Section 17(2)(c) of the ESA have been secured by the MTO for the above SAR.

Federal Fisheries Act Authorizations

Affected Watercourses

There are a total of 33 watercourses within the Project footprint that will require modification or

alteration of fish habitat to facilitate construction of the 407 East Phase 1. These watercourses

are located in the watersheds of Duffins Creek, Carruthers Creek, Lynde Creek and Oshawa

Creek. The works at 19 of the 33 watercourse sites have been determined to result in the

harmful alteration, disruption or destruction (HADD) of fish and/or fish habitat and, therefore, will

require authorization under the Fisheries Act for channel realignments and/or enclosures along

the Highway 407 East Phase 1 corridor.





The 407EDG, on behalf of MTO, will obtain authorizations under subsection 35(2) of the

Fisheries Act from Fisheries and Oceans Canada (DFO) for the HADD of fish habitat prior to

relevant construction works or activities.

Other Permits and Approvals

The construction of the Highway 407 East Phase 1 will require other permits and approvals from

municipal, provincial, and federal departments and agencies. Not all permits are required for

each work package. The types of permits, approvals and activities that they apply to are

summarized in Table P-1.

Table P.1: Other Permits and Approvals Required Prior to Construction

Permit or Approval Related Requirement

Federal

National Energy Board Trans-Northern Oil Pipeline (WDL area) and Trans-Canada Gas Pipeline to construct crossings of their oil/gas pipelines.

Canadian Transportation Act Agreement with Canadian Pacific Rail between Rossland Road and Taunton Road on WDL to construct a crossing of its corridor.

Provincial

Highway Traffic Act (Designation of Construction Zone)

Construction activities associated with provincial highways.

Ontario Water Resources Act (Permit to Take Water)

For dewatering activities exceeding 50,000 liters/day (e.g., to keep excavation areas dry for construction).

Ontario Heritage Act (Clearance)

Areas with known archaeological resources, or with archaeological potential, prior to ground disturbance and excavation.

Municipal

Noise By-law Exemption – City of Pickering, Town of Whitby, Town of Ajax, City of Oshawa

For construction activities outside permitted hours stipulated in local municipal noise control by-laws.

Road Occupancy Permit For construction on existing local and regional municipal road ROW.

Road Entrance Permit Required for closing and establishing new entrances on existing municipal roads.

P.4 PURPOSE OF DESIGN AND CONSTRUCTION REPORTS (DCR)

In accordance with MTO‟s Class EA, commitments to future Project work include the

preparation of documentation necessary for the Detail Design phase. This is required in the

form of a Design and Construction Report (DCR) which documents the development of the

Preliminary Design scheme to a design implementation level (referred to as Detail Design). A

DCR addresses and documents significant design alternatives generated during the course of

Detail Design and the Recommended Plan. It includes a summary of the consultation process

during Detail Design, a description of the proposed design features, a summary of

environmental investigations conducted during Detail Design, specific environmental issues,





mitigation measures and commitments, and commits to monitoring procedures associated with

the implementation of a project.

This DCR demonstrates how EA commitments and associated MOE Conditions of Approval

have been addressed as applicable to the Highway 407 East Phase 1 work activities described

in this report. It is not intended as a mechanism to reopen planning decisions documented in

the approved EA report.

DCR Contents

In general, DCRs will include the following information:

Introduction and overview of the Project;

Summary of the proposed design and work activity addressed in the DCR;

Description and results of the consultation program;

The transportation, engineering and environmental issues and how they are being

incorporated;

Description of the Recommended Plan, including design alternatives, if applicable;

Description of existing environmental conditions, effects and mitigation measures;

Identification of all project approvals, clearances, licenses and permits that have been or

must be obtained prior to construction;

Commitments to future work and monitoring aspects of the Project; and

Supporting technical documentation and selected construction contract package

elements.

P.5 OVERALL CONSULTATION PLAN

The 407EDG has prepared a Community and Stakeholder Consultation Plan (Consultation

Plan) which provides a comprehensive approach to consultation that will be flexible, inclusive,

and integrated to proactively solicit feedback and input from all stakeholder groups on design

and construction. It is a living document and will be reviewed for the relevance in its strategy

and application every 6 months.

The Consultation Plan conforms to the requirements set out in the both federal and provincial

EA approvals and ensures that the full ranges of topics related to the Project are examined by

the public.





The Consultation Plan is guided by the following principles:

External stakeholders, including external agencies and the public will be notified of the

407EDG‟s intention to carry out a study at the beginning of the study, before the

407EDG becomes committed to a particular solution.

Will place emphasis on consultation with the stakeholders most directly affected.

Will provide timely, user-friendly opportunities for input by the public and the agencies

whose mandates are most directly affected.

Consultation will be used to assist in the identification of data requirements.

The 407EDG will constructively address input received during the consultation process.

During later planning and design phases, the 407EDG will show how the input received

in earlier stages affected the Project.

The amount, extent and timing of consultation will vary according to the complexity of a

specific issue(s), the nature of the specific environmental issue(s), and the concerns

expressed by the public and external agencies.

For each consultation event, appropriate methods of notification will be selected based

on the nature of the study area, the external parties to be contacted, the stage of the

study, and the issues to be addressed.

The 407EDG will make reasonable efforts to resolve concerns. Mediation will be

considered for major issues, at key decision points.

P.5.1. Engagement of Stakeholders

Consultation with stakeholders will include, but not be limited to, the following groups:

The general public;

Elected officials and staff of the Regional Municipality of Durham, the Town of Ajax, the

City of Oshawa, the Town of Whitby, and the City of Pickering;

Emergency service providers;

Transit providers;

Interested community groups;

Neighbourhood/resident associations and community groups;

Federal and provincial agencies including conservation authorities;

Local business owners;





Individual property owners;

Utility companies;

First Nations. (Note: Province retains responsibility for Aboriginal consultation and

communications); and

All applicable parties listed in Chapter 4 of the 407 East Transportation Corridor EA

including: the Municipal Technical Advisory Group (MTAG); the Regulatory Agency

Group (RAG), and ad hoc Neighbourhood Issues Advisory Groups.

Consultation with Regulatory Agencies and Municipalities

Consultation with regulatory agencies and municipalities will be undertaken as part of the

consultation process for the Highway 407 East Phase 1. This involved the establishment of the

RAG and MTAG.

The RAG is comprised of representatives from regulatory agencies with mandates for

environmental protection and related approvals. Prospective RAG members include MTO,

MNR, MOE, Ministry of Tourism Culture and Sport, Conservation Authorities, DFO, Canadian

Environmental Assessment Agency, Environment Canada, Transport Canada, and Natural

Resources Canada. The representatives are expected to have the authority to make decisions

on behalf of their organizations at the roundtable sessions. Technical meetings with individual

agencies may be held outside the RAG forum to address site-specific issues.

The RAG will meet at regular intervals (monthly or as otherwise deemed appropriate) to:

Provide strategic participation by regulatory agency representatives to achieve Project

implementation objectives (e.g., involvement in development of environmental

protection, mitigation and compensatory strategies, plans and designs as prescribed in

the EA commitments/conditions of approval);

Facilitate approvals; and

Provide updates on legislative and regulatory requirements.

At the outset, MTAG will receive information on the overall approach to implementation of the

Project; including provisions pertaining to the design, construction, and handover of new

municipal infrastructure.

The MTAG addresses matters of interest to municipal engineering, planning, operations and

emergency services staff/providers. Information is provided to the group at milestone junctures

(outset; proposed design schemes; major construction staging and scheduling). Meetings are

generally held to coincide with PIC, but may also be convened as required.





It is expected that MTAG members will keep their respective Councils apprised on the Project.

The 407EDG with its design and construction, and operations, maintenance and rehabilitation

groups, will provide municipal Councils with special purpose presentations in these regards at

the request of MTAG members.

Section 2.0 of this DCR documents the consultation process undertaken for the DCR.

Commitment to Consultation

407EDG and MTO are committed to ongoing engagement with stakeholders and members of

the community throughout the design and construction phases of the Highway 407 East Phase

1. The following key messages are specific to the consultation process and are the underlying

pillars that will ensure successful engagement of the public and all other stakeholders:

The 407EDG is committed to an open, transparent consultation process;

Everyone‟s views will receive consideration; and

A reply will be provided in a timely manner, if a response is requested.

Consultation efforts will ensure that stakeholders and interested community members are aware

of the Project throughout design and construction, while mitigating potential negative impacts to

the greatest extent possible. The consultation approach and activities planned include:

Consultation related to Design Construction Reports;

Consultation through formal groups, including the MTAG, RAG and 407EAC, and with

utilities and railway companies;

Consultation through Neighbourhood Issues Advisory Groups to deal with specific issues

relating to the Project, such as local traffic disruption, noise or dust; and

Consultation through additional outreach activities to promote interaction with the

general public.

The 407EDG is committed to consultation while maintaining an open and on-going dialogue with

the public and all other stakeholders throughout the duration of the Highway 407 East Phase 1.





P.6. PLAN FOR HIGHWAY DESIGN, BUILD AND DCR SUBMISSION

To meet the completion schedule, construction of the Highway 407 East Phase 1 will be initiated

using a staged approach and will include a number of discrete but linked work packages, based

for the most part on designated “Segments”, with corresponding DCRs. This approach will

allow for effective timing of approvals and review of the DCR specific components by

stakeholders through the consultation process. The breakdown of the Project by work package

Segments for the Highway 407 East Phase 1 Mainline (A1, A2, A3, A4 and A5) and WDL (B1,

B2 and B3) are shown in Figure P-4. Six DCRs are to be prepared to cover the complete 407

East Phase 1 Detail Design and Construction phases. This DCR is the fifth in the series of 6

separate DCRs that will focus on various aspects of the design and construction of the Highway

407 East Phase 1. As part of the DCR process, all parties are encouraged to take time to

review all of the DCRs as they become available and provide feedback. Table P.2 (after Figure

P-4) shows the PICs that are being held to obtain input on proposed design and construction

activities in each of the 6 DCRs, and the approximate timing for the release of the DCRs for

review.

Salem

Roa

d

Lake

Ridg

e Roa

d

Salem

Roa

d

Highway 7

Thick

son R

oad N

orth

Thorn

ton R

oad N

orth

Coron

ation

Roa

d

Concession Road 7

Halls

Road

Nort

h

Westn

ey R

oad

Harm

ony R

oad N

orth

Concession Road 5

Taunton Road West

Simco

e Stre

et No

rth

Churc

h Stre

et No

rth

King Street East

Winchester Road East

Rossland Road

Dundas Street EastDundas Street West

Conlin Road

King Street WestKingston Road EastFinch Avenue

Kinsa

le Ro

ad

Harw

ood A

venu

e Nort

h

Whitevale Road

Kingston Road

Rossland Road East

Padd

ock R

oad

Sideli

ne 1

6 Roa

d

Columbus Road East

Concession Road 6

Concession Road 3

Concession Road 4

Scott

Stree

t

Garde

n Stre

et

Harw

ood A

venu

e Sou

th

Kingston Road West Ash S

treet

Broc

k Stre

et

Broc

k Roa

d

-

-

Coun

try La

ne

Winchester Road West

-

-- -

- Highway 401

-

Columbus Road West

Corbett Creek

West Oshawa Creek

Spring Creek

Urfe Creek East D

uffins

Cree

k

Lynde Creek

Brougham Creek

Goodman Creek

Osha

wa Cr

eek

Pring

le Cree

k

Ganatsekiagon Creek

Lynde

Creek

West Oshawa Creek

Lynde Creek

West Oshawa Creek

0 1 20.5 km

Highway 407 East Phase 1Key Plan

Date: 2013/02/04 File Number: 0000 Sub Code: 0000Figure: Rev.:

Ü

P-4

REGION OF DURHAM

SEGMENT A1 SEGMENT A2 SEGMENT A3 SEGMENT A4 SEGMENT A5

SEGM

ENT B

2SE

GMEN

T B1

SEGM

ENT B

3

WHITBY OSHAWA

AJAX

WEST

DUR

HAM

LINK

WESTNEY / SALEM 407 / WEST DURHAM LINK BALDWIN STREET SIMCOE STREET - N HARMONY ROAD

STATION 17+600

STATION 13+250

STATION 11+100

STAT

ION

9+13

2

STAT

ION

14+1

29

TAUN

TON

ROAD

ROSS

LAND

ROA

DHW

Y 401

/ WE

ST D

URHA

M LIN

K

STAT

ION

18+8

00

STAT

ION

24+1

00

STAT

ION

12+7

00

STAT

ION

17+5

00

STAT

ION

12+8

00

STAT

ION

15+5

50

HIGHWAY 407 EAST PHASE 1

PICKERING

GO Transit / CN Rail

CP Rail Line

LegendPhase 1 InterchangePhase 1 Deferred InterchangePhase 1 Deferred Ramp6 Lane Section4 Lane Section

RailwayRoadsWatercoursesWaterbody





Table P.2: Overall Plan for Design and Construction Reports and PICs

DCR #

DCR Title

and

Project Area

Work Addressed Public

Information Centre

Issue Date for 30-Day

Public Review

1 Segments B2 and B3 – Grading, Drainage, Paving and Structures Segments A1, A2, A3, A4, A5, B1, B2 and B3 - Vegetation Clearing

Vegetation Clearing

Structures

Earthworks, Drainage and Grading

Stream Realignments

Canadian Pacific Railway (CP Rail) Detour

Construction Staging and Traffic Management

December 12 and 13, 2012

January 31, 2013

2 Segments A1, A3, A4, A5 and B1 - Structures and Stream Realignments

Structures

Stream Realignments


January 29, 2013

March 18 2013

3 Segments B1, A3 and A4 - Grading, Drainage, Paving, Structures and Stream Realignments Segment A1 – Remaining Structures and Stream Realignments

Structures


Stream Realignments


Noise Barriers – Preliminary

April 3, 2013

May 14, 2013

4 Segment A1 - Grading, Drainage and Paving Segment A2 - Selected Structures and Stream Realignments Segment A5 - Grading, Drainage, Paving, Remaining Structures and Stream Realignments

Structures


Stream Realignments


April 23, 2013

June 12, 2013

5 Segment A2 - Grading, Drainage, Paving and Selected Structures

Structures



July 17, 2013

September 16, 2013

6 All Segments - Landscaping Plan and Illumination

CVP (e.g., trails, gateway features, heritage commemorative sites, etc.)

Landscaping Plan

Vegetation Restoration Plans

Final Noise Barrier Wall Design

Stormwater Management Ponds

Maintenance Facility

Fall 2013 December 2013





Consultation

The 407EDG recognizes that a staged approach to highway construction may be unfamiliar to

the public and stakeholders, and therefore is committed to continuously engaging with the

public, agencies and all other interested and affected stakeholders throughout the DCR

process. For each work package and associated DCR, regulatory agencies, municipalities, First

Nations and other potentially affected and interested parties will be provided with an opportunity

to review and provide feedback.

Viewing Locations

This DCR is being made available to the public, regulatory agencies, municipalities, First

Nations and other potentially affected and interested parties for a 30-day review period.

Following the 30-day review period, construction may commence in accordance with the

description provided in this document, contingent upon completion of appropriate consultation

and the receipt of any other required approvals, permits and authorizations.

The following recipients will receive a copy of this DCR for the public record and viewing as

stipulated in Condition 3 (Public Record) of the Ontario MOE Notice of Approval for the Project:

MTO, Major Project Office, Central Region;

Regional Municipality of Durham, Clerk‟s Office;

Town of Whitby, Clerk‟s Office;

Town of Ajax, Clerk‟s Office;

City of Oshawa, Clerk‟s Office;

City of Pickering, Clerk‟s Office; and

MOE, Environmental Approvals Branch.

In addition to those listed above, this DCR will also be available for public review at the following

locations:

City of Pickering Public Library, Main Branch;

Town of Ajax Public Library Main Branch;

Town of Whitby Public Library, Main Branch;

City of Oshawa Public Library, Main Branch; and

407EDG Project Office.





A copy of this DCR will also be provided to:

MOE, Central Region Office;

MOE York-Durham District Office;

MNR, Aurora District Office;

Toronto and Region Conservation Authority; and

Central Lake Ontario Conservation Authority.

The DCR, including supporting documentation, can be accessed electronically from the Project

website http://www.407eastphase1.ca.

Design and Construction Report Amending Procedure

During the course of the Detail Design phase, unexpected changes in conditions, development

of new technologies or mitigation measures, or the identification of previously unknown

concerns may occur, all of which may lead to modifications to the proposed design and related

commitments made in the DCR. In this regard, an amendment to the DCR may be required

where there are significant changes to commitments made in the DCR. Where significant

changes to commitments made in the DCR are proposed, 407EDG will discuss proposed

changes with the affected party(ies). If all affected parties can be clearly identified and those

parties agree that an Addendum to the DCR is not required, then none will be prepared. If an

Addendum is required, the environmental effects associated with the change, and the proposed

mitigation will be documented in a subsequent future DCR or an Addendum, which will be filed

in the Public Record for 30 calendar days. Since there is no opportunity to request a Part II

Order for this DCR, no such opportunity would be available for the DCR Addendum.

http://www.407eastphase1.ca/

Documents

Highway 407 East Phase 1 DESIGN AND … · WDL S-W Ramp Underpass, Structure M30 .....64 3.3.6. Highway 407 East Phase 1 Overpass at WDL E-S Ramp, Structure M31 Highway 407 East Phase