Notice of approval

Proponent: Ontario Ministry of Transportation
Environmental assessment file number: TC-CE-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above-noted undertaking, expired on June 18, 2010. I received no submissions requesting a hearing by the Environmental Review Tribunal.

I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved terms of reference, the environmental assessment, the ministry Review of the environmental assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Environmental Assessment Act.
  2. The environmental assessment has been prepared in accordance with the approved Terms of Reference.
  3. On the basis of the proponent’s environmental assessment and the ministry Review, the proponent’s conclusion that, on balance,
  4. No other beneficial alternative method of implementing the undertaking was identified.
  5. The proponent has demonstrated that the environmental effects of the undertaking can be appropriately prevented, changed, mitigated or remedied.
  6. On the basis of the proponent’s environmental assessment, the ministry Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  7. The government, public and Aboriginal communhy review of the environmental assessment has indicated no outstanding concerns that have not been addressed or that cannot be addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required.
  8. The submissions received after the Notice of Completion of ministry Review was published are being addressed through commitments made during the environmental assessment process, through the conditions set out below or through future approvals that will be required, where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following Conditions:

1. Definitions

For the purposes of these Conditions:

Class Environmental Assessment
means the approved Ministry of Transportation (MTO) Class Environmental Assessment for Provincial Transportation Facilities (submitted 1997, Approved 1999, amended July 2000), as may be amended from time to time.
construction
means physical construction activities, including, site preparation works, but does not include tendering of contracts.
Date of Approval
means the date on which the Order in Council was approved by the Lieutenant Governor-in-Council.
DCR
means a Design and Construction Report as defined by the Class Environmental Assessment.
Director
means the Director of the Environmental Assessment and Approvals Branch.
EAAB
means the Environmental Assessment and Approvals Branch of the Ministry of the Environment.
environmental assessment
means the document titled 427 Transportation Corridor Environmental Assessment, January 29, 2010 as amended by Appendix C of the Review of 427 Transportation Corridor Environmental Assessment, April 2010.
ministry
means the Ministry of the Environment.
proponent
means Ontario Ministry of Transportation.
Procurement Document
means the document issued to procure the services of the service provider that will implement the undertaking, but does not include a process used to pre-qualify bidders.
Regional Director
means the Director of the ministry’s Central Regional Office.
TESR
means a Transportation Environmental Study Report as defined by the Class environmental assessment.
undertaking
means the 427 East Transportation Corridor as described in the environmental assessment and which is generally comprised of the following elements:
  • A 6.6 kilometre extension of Highway 427 from Highway 7 northward to Major Mackenzie Drive within the City of Vaughan in the Region of York including protection for median High-Occupancy Vehicle lanes; and,
  • Protection of lands for a transitway (a dedicated bus road) along the west side of the extension with proposed transitway stations with parking lots at each of the three interchanges proposed for the extension.

2. General requirements

  1. The proponent shall comply with the provisions in the environmental assessment which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the undertaking.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. The proponent shall carry out further preliminary design work and work associated with the detailed design and construction stages for the undertaking in accordance with the relevant provisions of the Class Environmental Assessment for Group A (new freeways) projects, which includes the preparation of DCRs and/or TESRs.
  4. When developing the plans and documents required by Conditions 6, 8 and 9 the proponent shall be guided by the ministry’s policies, guidelines, objectives and standards as set out in ministry publications.
  5. If the implementation of the undertaking will proceed in phases, a plan or document may be submitted by the proponent pursuant to Conditions 6, 8, and 9 for the entire undertaking together or for each phase of the undertaking separately.
  6. Prior to the proponent issuing its Procurement Document for the undertaking, the proponent and the ministry shall meet to discuss the implementation of the Conditions in this Notice of Approval, including the standards and expectations for the plans and documents required by Conditions 6, 8 and 9.

3. Public record

  1. Final documents and. plans required under Conditions 6, 8 and 9 shall be submitted to the Director to be filed in the public record.
  2. Where a document or plan is required to be filed in the public record, the proponent shall provide two copies of the document to the Director: a copy for the file and a copy for staff use.
  3. The proponent shall provide additional copies of the documents and plans referred to above in condition 3.1 in accordance with the following:
    1. Regional Director (as required by this Notice of Approval); and,
    2. Clerks of the Regional Municipality of York and the City of Vaughan (as required).
  4. EAAB file number TC-CE-02 shall be quoted on all documents provided by the proponent in accordance with Condition 3.

4. Compliance monitoring program

  1. The proponent shall prepare and submit to the Director for the public record, an environmental assessment compliance monitoring program.
  2. The compliance monitoring program shall be submitted to the Director within one year from the Date of Approval, or 60 days prior to construction, whichever is earlier.
  3. The compliance monitoring program shall describe how the proponent will monitor its fulfilment of the provisions of the environmental assessment pertaining to mitigation measures, public consultation, and additional studies and work to be carried out; and the fulfilment of all other commitments made by the proponent during the environmental assessment process and the conditions included in this Notice of Approval.
  4. The compliance monitoring program must contain an implementation schedule.
  5. A statement must accompany the compliance monitoring program submitted to the Director indicating that the program submitted is intended to fulfil this condition.
  6. The Director may require amendments to the compliance monitoring program, including the implementation schedule. If any amendments are required by the Director, the Director will notify the proponent of the required amendments in writing.
  7. The proponent shall carry out the compliance monitoring program, as it may be amended by the Director.
  8. The proponent shall make the documentation pertaining to the compliance monitoring program available to the ministry or its designate in a timely manner when requested to do so by the ministry.

5. Compliance reporting

  1. The proponent shall prepare an annual compliance report which describes its compliance with the conditions of approval set out in this notice and which describes the results of the proponent’s environmental assessment compliance monitoring program.
  2. The annual compliance report shall be submitted to the Director for the public record on or before September 30 of each year, with the first report being due in 2011, and shall cover all activities of the previous 12-month period.
  3. Subsequent compliance reports shall be submitted to theDirector for the public record on or before September 30 each year thereafter. Each compliance report shall cover all activities of the previous 12-month period.
  4. The proponent shall submit annual compliance reports until all conditions in this notice are satisfied.
  5. Once all conditions in this notice have been satisfied, the proponent shall indicate in its annual compliance report that the compliance report is its final compliance report and that all conditions in this notice have been satisfied.
  6. The proponent shall retain either on site or in another location approved by the Director, copies of each of the annual compliance reports and any associated documentation of compliance monitoring activities.
  7. The proponent shall make the compliance reports and associated documentation available to the ministry or its designate in a timely manner when requested to do so by the ministry.

6. Surface water monitoring and mitigation

  1. Before commencing construction, the proponent shall identify the areas, if any, within which the undertaking may affect surface water quality, including any areas where precipitation is or is not drained to a stormwater management wet pond.
  2. If any areas referred to in Condition 6.1 are identified, the proponent shall prepare, to the satisfaction of the Regional Director, a Surface Water Monitoring Plan for areas identified in Condition 6.1.
  3. If no preas referred to in Condition 6.1 are identified, the information and analysis used to make that determination shall be provided to the Regional Director for review and concurrence.
  4. The proponent shall submit the Surface Water Monitoring Plan, if required, to the Regional Director and any other interested governmental agency at least three (3) months prior to the starting of disturbance of existing conditions or at a time agreed upon by the Regional Director.
  5. The Surface Water Monitoring Plan shall, at a minimum, include:
    1. A description and plan of the areas identified in Condition 6.1 above;
    2. Methodology and schedule for the collection of baseline data where none currently exists on surface water quality in the identified areas. At a minimum baseline data shall be collected during the 12 months prior to the expected start of construction; and
    3. Monitoring parameters, locations and frequencies and a requirement to provide interpretive report(s) prepared by a qualified person.
  6. The proponent shall implement the Surface Water Monitoring Plan, if required under Condition 6.2, beginning at the start of construction or at a later date agreed upon by the Regional Director, until a minimum of 12 months following the completion of construction or at a later date as determined by the Regional Director.
  7. Should surface water monitoring identify any areas where water quality has deteriorated from baseline levels as a result of the undertaking, the proponent shall prepare, to the satisfaction of and within a timeframe considered acceptable by the Regional Director, a Surface Water Mitigation Plan.
  8. The Surface Water Mitigation Plan shal l include, at a minimum, recommended measures to be undertaken to restore the surface waters to baseline conditions or better and a timeline for implementation.
  9. The proponent shall carry out the Surface Water Monitoring Plan and the Surface Water Mitigation Plan, if either is required by the above conditions.

7. Major biological features

  1. If during the construction of the undertaking, the proponent or the Ministry of Natural Resources identifies a new major biological feature upon which the undertaking may have an adverse environmental effect, the proponent shall, in consultation with the Ministry of Natural Resources and any other directly affected agencies and stakeholders, determine the responses, if any, that would prevent, change, mitigate or remedy the adverse environmental effect.
  2. In consultation with the Ministry of Natural Resources, the proponent shall evaluate the range of possible responses developed pursuant to Condition 7.1 and determine which is the preferred response(s).
  3. Prior to undertaking any construction activities or work that could affect the new major biological feature, the proponent shall prepare and submit to the Ministry of Natural Resources a report describing the biological feature, the range of responses evaluated, the preferred response, and the results of any consultation that was carried out.
  4. If, at any time, the proponent encounters or identifies a species which is protected under the Endangered Species Act, 2007, the proponent shall immediately contact the Ministry of Natural Resources to determine if there are additional requirements or considerations in accordance with the Endangered Species Act, 2007.

8. Complaint protocol

  1. The proponent shall prepare and implement a protocql on how it will deal with and respond to inquiries and complaints received during the construction and operation of the undertaking.
  2. The proponent shall submit the complaint protocol to the Director for placement in the public record at least 6 months prior to the commencement of construction of the undertaking.
  3. The Director may require the proponent to amend the complaint protocol at any time. Should an amendment be required, the Director shall notify the proponent in writing of the amendment required and when the amendment must be completed.
  4. The proponent shall submit the amended complaint protocol to the Director for placement in the public record within the time period specified by the Director.
  5. A statement must accompany the complaint protocol submitted to the Director indicating that the protocol submitted is intended to fulfil this condition.

9. Construction noise and vibration

  1. The proponent shall prepare, to the satisfaction of the Regional Director, a Construction Noise and Vibration Plan three (3) months before starting construction or at a time agreed upon by the Regional Director.
  2. The Construction Noise and Vibration and Plan shall identify, at a minimum, the noise and vibration impacts which may occur during construction and noise and vibration control mitigation measures for all ~ajor construction activities including those due to possible blasting and pile-driving activities.
  3. The proponent shall implement the undertaking in accordance with the Construction Noise and Vibration Plan.

10. Construction contracts

  1. In carrying out the undertaking, the proponent shall ensure that its contractors and subcontractors:
    1. Adhere to commitments made by the proponent during the environmental assessment process, including those made in the environmental assessment and in the proponent’s responses to comments made during the environmental assessment comment periods;
    2. Meet applicable regulatory standards regarding construction, operation and maintenance of the undertaking;
    3. Provide information and training to contractor and subcontractor staff on the commitments made by the proponent during the environmental assessment process, including those made in the environmental assessment and in the proponent’s response to comments made during the environmental assessment comment periods and on the applicable regulatory standards regarding construction, operation and maintenance of the undertaking; and
    4. Obtain any necessary approvals, permits or licenses for the undertaking.

11. Vegetation restoration plans

  1. The proponent. shall make reasonable efforts during the detailed design phase of the undertaking to minimize the removal of existing vegetation features, such as woodlands, and shall consider using any lands surplus to the highway and transitway construction for vegetative restoration. The proponent shall document its efforts in this regard and provide this documentation to the Ministry of Natural Resources before construction plans are finalized.
  2. The proponent shall prepare Vegetation Restoration Plans to offset the impacts of the undertaking on existing natural heritage features, functions and systems and shall consider the improvement of connectivity of natural heritage features, functions and systems in devising the plan.
  3. Vegetation Restoration Plans shall be prepared in consultation with the Ministry of Natural Resources and the Toronto and Region Conservation Authority and shall be provided to the Ministry of Natural Resources and the Toronto and Region Conservation Authority for review and comment at least five (5) months prior to any construction activities that would impact the findings in the plans or at a time agreed upon by the Director.
  4. The proponent shall consider any comments on the Vegetation Re-storation Plans provided by the Ministry of Natural Resources and the Toronto arid Region Conservation Authority prior to finalizing the Vegetation Restoration Plans.
  5. The proponent shall provide a final copy of the Vegetation Restoration Plans to the Director prior to any construction activities that would impact the findings in the plans.

12. Consultation with Aboriginal Communities

  1. The proponent shall continue to consult with all Aboriginal communities previously notified of the undertaking during the detailed design phase and implementation of the undertaking.
  2. The proponent shall fulfill commitments made to the Aboriginal communities and the Williams Treaties First Nations Process Coordinator during the environmental assessment, including but not limited to, providing the following to any Aboriginal communities that have requested or may request it:
    1. copies of the final Stage 2 Archaeological Assessment Report;
    2. updates on key steps in the design and construction; and
    3. copies of the Detailed Construction Report.
  3. The proponent shall provide notice to all Aboriginal communities previously notified of the undertaking if the proponent discovers any Aboriginal archaeological sites in respect of which a Stage 3 Archaeological Assessment is recommended.
  4. The proponent shall hold meetings with any interested Aboriginal communities regarding any site(s) identified in Condition 12.3. These meetings shall include discussions about the potential participation of Aboriginal archaeological liaisons and the use of appropriate mitigation measures for the site(s).

13. Amending procedures

  1. In the event that there is a proposed amendment to the approved undertaking for reasons specified in Chapter 9 of the environmental assessment, or for any reason specified in Chapter 10 of the Class EA, the amendment shall be proposed and addressed in accordance with the provisions of Chapter 10 of the Class EA.

Dated the 21th day of October 2010 at Toronto

Minister of the Environment
77 Wellesley Street West, 11th Floor, Ferguson Block
Toronto, Ontario
M4V 1P5