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HomeMy WebLinkAboutPSD-082-04 " ~ , CJ~jgglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-082-04 File #: PLN 23.5.14 /06p( ("f'::;'~3 /'oJrO'" By-law #: . Subject: HIGHWAY 407 EAST COMPLETION -COMMENTS ON THE DRAFT TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-082-04 be received; 2. THAT Staff Report PSD-082-04 be adopted as the Municipality of Clarington's comments on the Draft Terms of Reference for the Highway 407 East Completion Environmental Assessment; 3. THAT a copy of this Report and Council's resolution be forwarded to Totten Sims Hubicki Associates, the Ontario Ministry of Transportation and the Region of Durham. Submitted by; RevieWedbY;O~..:........ ~~ Franklin Wu Chief Administrative Officer vi . Crame, M.C.I.P.,R.P.P. o~ Anthony S. Cannella, C.E.T. Director of Engineering Services JS/FLlDJC/df 11 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699022 1 REPORT NO.: PSD-082-04 PAGE 2 1 1.0 BACKGROUND AND PURPOSE OF REPORT 1.1 In April 2003, the Ministry of Transportation (MTO) released draft Terms of Reference (ToR) for the Highway 407 East Completion Environmental Assessment. The ToR had been prepared under Section 6(2)(c) of the Ontario Environmental Assessment Act (EAA) which allows a proponent to "set out in detail the requirements for the preparation of the environmental assessment". This section had been interpreted to allow the ToR for individual EAs to be customized (or "scoped"); for example, the Highway 407 ToR reached a number of conclusions about the need for Highway 407, route alignments and study areas. The Municipality submitted its comments on the draft ToR in September 2003 through Staff Report PSD-099-03. 1.2 In June 2003, an Ontario Superior Court decision dealing with a ToR document for a landfill proposal in Eastern Ontario created new case-law defining how Section 6(2)(c) of the EAA should be interpreted. The court determined that the wording and intent of the Act does not allow any scoping of work to be completed within the ToR for an individual EA. The Ministry of Environment subsequently indicated that it would no longer approve "scoped" ToR documents. In response, MTO has prepared new draft ToR for the Highway 407 East Completion EA under Section 6(2)(a) of the EAA. This section requires the ToR to address specific requirements as set out in the Act, such as the rationale for the project and alternatives to the undertaking. 1.3 The new draft ToR are much more general than the previous version and set out a process and a study framework for the preparation of the EA. The deadline for the submission of comments on the revised draft ToR is July 2, 2004. MTO intends to submit the ToR to the Ministry of Environment in September 2004 for approval. Following approval of the ToR, MTO will proceed with the individual EA study for the Highway 407 East Completion. 1.4 The purpose of this report is to provide the Municipality's comments on the revised draft EA Terms of Reference for the Highway 407 East Completion. The Municipality's comments (indicated in bold italics) are, for the most part, based on comments provided by the Municipality's peer review consultant, the IBI Group (see Attachment 1), and the Clarington Highway 407 Community Advisory Committee (see Attachment 2). As well, some comments provided in Staff Report PSD-099-03 are relevant to the current draft ToR and have been included. Cross-references to these docments are provided, where appropriate, to identify the source of a comment provided in this report. 2.0 INTRODUCTION TO TERMS OF REFERENCE 2.1 Backqround 2.1.1 The ToR indicate that the need for additional east-west and north-south transportation (not highway) capacity in Durham Region has been established by the 2003 Durham Transportation Master Plan and the 1989 Highway 407 Overview Study. This need is referenced as the reason why MTO has 699023 , REPORT NO.: PSD-082-04 PAGE 3 commenced the EA process to consider alternatives to address these transportation deficiencies. The ToR will establish minimum requirements to be followed during the preparation of the subsequent Individual EA. 2.1.2 Comments a) The 1989 study is dated and does not take current travel patterns into consideration. Additional studies should be undertaken to determine the current need for additional transportation capacity in Durham Region, and should also address transportation needs in Kawartha/Halibuton and Northumberland County. (I B I, Section 1.1) b) The ToR should address the policy context in which the EA is being conducted and how it will be affected by other provincial initiatives, such as the establishment of the Greater Toronto Transportation Authority, the proposed GTA Greenbelt, GO Transit expansion, the revised Provincial Policy Statement, and Smart Growth/Growth Management. (CAC, Section 2.7) 2.2 Federal/Provincial EA Coordination 2.2.1 The project resulting from the EA will also be subject to the Canadian Environmental Assessment Act (CEM). Federal authorities frequently wait until a specific project has been defined to formally declare whether or not the project will require an approval from thl;lt agency. However, it has been federal practice for agencies to informally participate in the EA process prior to such a determination being made. 2.2.2 Comments a) Given that a specific project has not yet been defined, MTO should formally re-invite all federal authorities to participate in the EA process to ensure effective federal involvement throughout the EA process. (CAC, Section 2.2). 3.0 PURPOSE OF THE UNDERTAKING 3.1 Overview and Outlook 3.1.1 This section summarizes the current and future factors that affect transportation within and across Durham Region, as noted below: · population and employment growth - between 2004 and 2031, the Region's population is expected to grow from 550,000 to 1,055,00, while employment is forecast to almost double from 170,000 to 311,000; · trade - the manufacturing sector accounts for over 25% of the Region's total gross domestic product, and commercial vehicle traffic in and through Durham is anticipated to increase at an annual rate of approximately 3%; 699024 REPORT NO.: PSD-082-04 PAGE 4 , . tourism and recreation - Durham Region, as the eastern gateway to the GTA, will experience increased tourist travel, as will the Kawartha/Haliburton areas to the north; . transportation - traffic congestion occurs regularly on the roads in Durham Region during morning and afternoon peak periods for commuter travel, as well as during peak travel periods for tourist and recreational traffic. The ToR establishes the area of consideration for the EA to be all of Durham Region extending from the Oak Ridges Moraine to Highway 401, and from the east Pickering area to Highway 35/115. 3.1.2 Comments a) The draft ToR appear to rely on future population and employment figures from the Durham Region's Official Plan Review. While the figures for population can be considered forecasts, the numbers used for employment are less reliable because they are based on a full build out of employment lands at selected densities. Other population and employment scenarios need to be considered. (CAC, Section 2.3) b) The EA must provide a comprehensive analysis of transportation demand for existing and future conditions, including intermediate planning horizons within the overall planning period. (CAC, Section 1.2 b) c) The argument that improved transportation infrastructure is needed to stimulate economic growth in Durham Region needs to be supported by the appropriate studies. (Report PSD-099-03, Section 4.2.1 a) d) In order to fully understand the discussion of the factors affecting transportation in Durham Region, the relevant source studies must be referenced. (181, Section 2.1). e) The impact of rising gas prices and other operating expenses associated with trucking needs to be considered on existing truck traffic routes and potential truck traffic. Increased gas prices and vehicle operating costs could also affect the volume of tourist and cottager traffic through Durham Region. (CAC, Sections 2.4 and 2.5) 3.2 Transportation Problems 3.2.1 Previous studies are used as the source of information on existing and forecast transportation problems in Durham Region. Major problems are listed, including no freeway alternatives to Highway 401, limited ability to shift freight from road to rail, and declining auto occupancy. The ToR commits to undertaking additional analysis of transportation problems as part of the Individual EA. 699025 REPORT NO.: PSD-082-04 PAGE 5 3.2.2 Comments a) Since the ToR does not describe the scope and type of analysis of transportation problems that will be undertaken as part of the future EA study, the resulting analysis could be very extensive or very brief. The ToR should be modified to require the EA to undertake a thorough analysis of transportation problems and use current studies in the analysis. (IBI, Section 2.2) b) The transportation problems as defined by the ToR should be expanded to include related problems such as decreased air quality, increased stress, and quality of life issues. (IBI, Section 2.2) 3.3 Transportation Opportunities 3.3.1 As required by the EA process, the ToR lists a number of opportunities available in Durham Region that will be considered in the EA to address the identified transportation problems. These opportunities involve: · transportation - reduced congestion and associated impacts, improved user safety, more transportation choices, reduced travel demand, improved passenger rail service and optimized/expanded existing infrastructure; · economy - improved efficiency/reduced costs for goods movement, improved connections between economic centres, improved goods movement choices, support for tourism and trade growth, etc.; and · environment - develop transportation infrastructure that preserves natural resources, and protects/enhances existing communities. 3.3.2 Comments a) The analysis of transportation opportunities must include an analysis of all current, promised and projected spending commitments from/to various governments, including 10 Year and beyond capital spending plans of Go Transit, Via Rail, CN and CP Rail, TTC, local/regional transit systems, and improvements to provincial, local and regional road infrastructure. (CAC, Section 2.6) 3.4 Summary 3.4.1 The ToR state the purpose of the undertaking is to address the identified problems and opportunities by providing additional east-west and north-south transportation capacity within the Region of Durham for a 3D-year planning horizon. The specific need for any proposed undertaking(s) and a description of any proposed undertaking(s) will be developed during the Individual EA through the preparation of a Transportation Planning/Need Report. 699026 REPORT NO.: PSD-082-04 PAGE 6 3.4.2 Comments a) The ToR describe the purpose of the undertaking, but do not specifically define what the "undertaking" is. From a review of the ToR, specifically Section 1.1, it would appear that the intended undertaking is to be to provide additional east-west and north-south transportation capacity within and through Durham Region over the next 30 years. However, it is not within MTO's mandate to provide a comprehensive transportation plan for Durham Region that could involve modifications to the regional and local road networks, local and GO Transit, and rail freight on the CN and CP rail lines. As well, the title of the ToR indicate that the EA will address the Highway 407 East Completion. Therefore, a definition of the undertaking should be included in the ToR that accurately reflects what the EA will actually address. A possible definition of an undertaking could be as follows: · "To identify problems with east-west and north-south transportation capacity in Durham Region over the next 30 years, and to evaluate alternative solutions to the identified problems, including the extension of Highway 407 East to Highway 35/115". 4.0 POTENTIAL ENVIRONMENTAL EFFECTS 4.1 Overview 4.1.1 The previous ToR included extensive information on natural and social environment conditions associated with the proposed 407 East Completion study area. This type of information is not included in the new ToR due to the recent court ruling and, as a result, the new description of Potential Environmental Effects is extremely brief. The ToR simply summarize how environmental information is proposed to be used as part of the EA evaluation process. 4.1.2 Comment a) Even though the ToR are not permitted to scope the EA study, the ToR as currently proposed provide little guidance on how environmental information will be collected and analyzed. It is critical that the EA study process develop a thorough understanding of environmental conditions in Durham Region. As such, the ToR should provide greater direction on the collection of environmental information to ensure that investigations and analysis occur at an appropriate level of detail. 699027 REPORT NO.: PSD-082-04 PAGE 7 b) The ToR should specify that the definition of "environment" included in the Ontario Environmental Assessment Act will be used in the EA. This will help clarify for the reader that the term "environment" includes not only the natural environment, but also the social, economic and cultural conditions that influence the life of humans or a community. 5.0 ALTERNATIVES TO THE UNDERTAKING 5.1 ldentifvinq and Assessinq Alternatives to the Undertakinq 5.1.1 "Alternatives to" an undertaking represent reasonable means of resolving the stated transportation problems and opportunities, as well as meeting the purpose of the undertaking. The alternatives to be examined include the "Do Nothing Alternative" through to demand and system management alternatives, other mode alternatives (air, rail, marine, transit) and roadways. Combinations are also possible, and the ToR commit to considering additional alternative undertaking that may be suggested by review agencies, stakeholders and the public. 5.1.2 The assessment of the alternatives to the undertaking will look at the fundamental differences among the alternatives, but essentially says that the effectiveness of each alternative to resolve the existing and expected transportation problems is of prime importance. Therefore, even if an alternative performs well from an economic or environmental perspective, if it does not resolve the transportation problems it will likely not be considered further in the EA process. 5.1.3 Table 4.1 in the ToR lists the factors and criteria to be used in assessing the alternatives to the undertaking. The factors listed are transportation, economy, and environment. Criteria listed include for example under transportation, the degree to which the proposed transportation system modifications resolve the detailed problems. The general nature of the factors and criteria indicate that the assessments will be done at a strategic level and are not intended to be project, location or route specific at this stage. 5.1.4 Comments a) The factors and criteria used to assess alternatives are critical to the public having confidence that the alternatives will be assessed fairly and comprehensively. The ToR do not define the extent of the analysis that will be conducted on alternatives. Given that it is this stage where alternatives are eliminated from further consideration, the ToR should require a robust and more detailed evaluation than what would appear to be currently required. (IBI, Section 4.1; CAC, Section 2.9) b) There is no reference in the ToR or the Supporting Documentation to a process/methodology to identify, assess and evaluate Alternatives To the Undertaking. (CAC. Section 2.9) 699028 REPORT NO.: PSD-082-04 PAGE 8 c) In order for the EA study process to be comprehensive and effective, MTO should look at transportation problems and opportunities in a holistic fashion and not just focus on highways. This will ensure that other transportation providers, such as GO Transit, will contribute the input necessary for alternative solutions to be considered. (CAC, section 1.2 a) d) For each factor, criteria should be added that addresses the degree to which proposed transportation system modifications support federal, provincial, regional and municipal policies that affect that factor. (CAC, Section 2.9) e) A full cost/benefit analysis should be provided of the Alternatives To the Undertaking, for both the short and long-terms. Many costs and benefits are long - term or cannot be easily quantified (eg. improved or reduced air quality). (CAC, Section 2.9) f) Given the length of time required to fully implement an alternative, the specific analysis of any alternative must be conducted for the short-term (5-10 Years), medium term (10-20 years), and long term (up to 30 years). (CAC, Section 2.9) g) The review of alternatives must include an analysis of the impacts related to the possible termination of Highway 407 at the East Durham Link (whether interim/temporary or permanent), and the need for improvements to the Regional Road system to deal with the traffic (eg. widening of Taunton Road). (CAC, Section 2.9) h) The review of alternatives must include an examination of extending full GO Rail services to Bowmanville. (Staff Report PSD-099-03, Section 5.2.1 I ) i) In Table 4.1, the term "environment" must be used in its fullest sense to include the natural, cultural, and socia-economic environments. (CAC, Section 2.9) 5.2 Selectinq the Preferred "Alternative To" (Planninq Alternatives) 5.2.1 The assessment of all alternatives to the undertaking must conclude with a recommended alternative(s) to carry forward into the second and more detailed assessment process. The ToR states that if the Do Nothing alternative is selected, the EA process is complete and over. If the preferred alternative is outside of MTO's jurisdiction (eg, involving commuter rail or regional roads), then the current EA process would stop and MTO would transfer responsibility for the continuing process to the appropriate agency for further action. If the preferred alternative falls under MTO jurisdiction, the EA process continues, and if jurisdiction is shared (combined alternative), MTO will only continue with the solutions under its responsibility. 699029 REPORT NO.: PSD-082-04 PAGE 9 5.2.2 Comments a) Many of the alternatives, including the combined alternative, involve improvements to infrastructure that are outside the jurisdiction of the provincial government - ego improvements to local transit and the regional road system. The analysis of the various alternatives must address the ability of these alternatives to be implemented. b) The process used to select a preferred alternative should include descriptive tables or reports outlining the potential impacts of each alternative on each feature, and potential mitigation and net impacts. (Report PSD-099-03, Section 6.2.1 c) 6.0 ALTERNATIVE METHODS 6.1 Process for Generatinq a Studv Area 6.1.1 Once a preferred alternative to the undertaking has been identified, the EA process will move into a more detailed assessment of that undertaking in terms of its location, design, function and impacts. The first step is to define the study area. Once defined, the study area boundaries can be refined or modified to accommodate any reasonable alternative methods as the study progresses, such as a change in an alignment. 6.2 Generatinq, Assessinq and Evaluatinq Alternative Methods 6.2.1 The ToR outlines a multi-step process for generating, assessing and evaluating alternative methods. For example, if the undertaking is a highway, alternative methods could include different alignments. Alternative methods will be generated based on five general objectives - maximize use of existing infrastructure, minimize impacts to existing land uses, minimize impacts to significant natural features and functions, minimize impacts to urban/rural areas, and resolve transportation problems. The reasons for including each alternative method in the EA should respond to these objectives. 6.2.2 Table 5.1 of the ToR identifies twenty more detailed objectives for generating the alternative methods - natural environment (11 objectives), socia-economic environment (7 objectives), socia-cultural environment and economic environment (1 objective each). Objectives identified here include "avoid encroachment on Provincially Significant Wetlands and impairment of wetland function", and "avoid, where possible, or minimize encroachment on prime agricultural areas and agricultural infrastructure". 6.2.3 An assessment is subsequently undertaken of the net expected impacts of each alternative method after standard mitigation measures are used (eg. noise exposure after noise walls are installed). The advantages and disadvantages of each alternative method are then compared by using two approaches. The 699030 REPORT NO.: PSD-082-04 PAGE 10 primary evaluation method will be the Reasoned Argument approach, which discusses the main advantages, disadvantages and trade-offs for each alternative method. A secondary method of evaluation will be the Arithmetic Evaluation approach. which examines both the level of importance of each environmental attribute (its weight) and the magnitude of the impact or benefit associated with an alternative method (its score). The resulting weight-score combination will be used to determine the best possible altemative method. 6.2.4 Table 5.2 of the ToR sets out the factors, criteria and indicators/effects that will be used in the evaluation of the alternative means. The factors identified include natural environment, social environment, economic environment, cultural environment, and technical considerations. Each factor is divided into a number of criteria, and indicators/effects are identified for each criteria. 6.2.5 Comments General a) The evaluation approach proposed appears to be suitable because it allows for trade-offs and recognizes that it is unlikely that any alternative method will be found to be "perfect" with maximum advantages and no disadvantages. (IBI, Section 5.2) b) The ToR should require that the EA include specific examples of how alternative transportation solutions have been applied in similar circumstances, and outline their effectiveness and environmental impacts. The current 400 series highways could be used as examples to demonstrate the impact and effectiveness of the 407 east extension. (CAC, Section 1.2 g, h) c) The assessment of the 407 East extension should look at toll and non-toll alternatives. (CAC, Section 1.2 i) d) The various alternatives to the undertaking should be assessed at various stages of implementation to tie in with the growth of transportation demand. (CAC, Section 1.2 g. j) e) The assessment of the various alternatives should include an analysis of any required capital improvements by the local and regional governments resulting from the construction of the highway, and ways that the economic impact on the municipalities could be mitigated. f) The public should be involved in the development of the criteria for the generation and evaluation of alternative methods. The development of factors and criteria specific to each area municipality should be considered to reflect local values. (CAC, Section 2.10) 699031 REPORT NO.: PSD-082-04 PAGE 11 Table 5.1 (Objectives for the Generation of Alternative Methods) g) The ToR should address how a cut-off will be established to identify when a candidate method does not satisfy a suitable number of the 20 recommended objectives in Table 5.1, and is therefore not included as an alternative method for further assessment. (IBI, Section 5.2) h) Table 5.1 should specifically indicate that alternative methods that encroach on the Oak Ridges Moraine will not be considered. (CAC, Section 2.10) i) Protection of urban separators should be added to Table 5.1 as an objective. (Staff Report PSD-099-03) Table 5.2 (Evaluation Factors, Criteria and Indicators) j) The establishment of evaluation criteria and weights, as set out in Table 5.2, is one of the key points in the EA process. It is therefore important that the criteria and indicators identified in Table 5.2 be as complete as possible so that no reasonable subject, issue or question is missed when the alternative methods are being evaluated. (IBI, Section 5.2) k) The EA must address the quality of the features and indicators identified in Table 5.2. I) The following objectives should be given special consideration in the evaluation of alternative methods: · avoid critical ground water recharge areas, heritage homes, and large contiguous blocks of prime agricultural land . maximize distance from established hamlets · avoid designated serviced industrial land. (CAC, Section 2.10) m) Both the Black-Farewell Wetland Complex and the Maple Grove Wetland Complex have been identified as Provincially Significant. The protection of both of these wetlands, as well as the protection of the Bowmanville-Courtice urban separator, will need to be considered when determining an appropriate alignment for Highway 407 and/or the East Durham Link. n) The ToR should require that that the human health risks be addressed in the assessment of alternative methods. 0) Cumulative effects thresholds should be examined, especially from a natural environment perspective - for example, for area sensitive breeding birds. (Staff Report PSD-099-03; Section 7.2.1 e) 699032 REPORT NO.: PSD-082-04 PAGE 12 p) The impact of terminating the Highway 407 extension at the East Durham Link on traffic and the operation of the local and Regional Road network must be examined, even if the termination is an interim step. In particular, the potential impact on the operational characteristics of area roads and the financial burden on municipal taxpayers to pay for road improvements must be considered (Staff Report PSD-099-03, Section 5.2.1 f; 6.2.1 m) q) Under the Social Environment Factor, the indicators for property impacts should be expanded to include proximity impacts on nearby land uses that may be only partially displaced by a particular alternative method. r) The extension of Highway 407 will provide a greater benefit to areas to the west; the potential negative economic effects of the highway on Clarington should be addressed. (Staff Report PSD-099-03; Section 6.2.1 m) s) The maintenance of easy and efficient access between farm properties is essential to the viability of farm operations and should be specifically addressed in the EA. (Staff Report PSD-099-03; Section 6.2.1 p) t) The potential impact on crop production if stream flows and groundwater used for irrigation are reduced must be addressed. (Staff Report PSD-099-03; Section 6.2.1 q) u) The EA should address the effect of the fragmentation of farm parcels, agricultural clusters of farms, and farm-related businesses on the viability of farming. (Staff Report PSD-099-03; Section 6.2.1 r) v) Increased traffic on roads leading to a new highway will jeopardize the efficient and safe movement of farm machinery. (Staff Report PSD- 099-03; Section 6.2.1 s) w) Impacts on agricultural operations related to the operation of a highway, such as salt spray, should be addressed. (Staff Report PSD- 099-03; Section 6.2.1 t) x) The cumulative effect of a major transportation project on Clarington's agricultural community should be addressed. 6.3 Concept Desiqn 6.3.1 Once the preferred alternative method is selected, a concept design will be prepared based on design standards to be established for the project. The concept design usually shows the plan (horizontal alignment) and profile (vertical alignment) of the preferred method, assuming it involves infrastructure 699033 REPORT NO.: PSD-082-04 PAGE 13 such as a roadway extension, transitway or commuter rail line. The process for preparing the concept design is not outlined in the ToR, as it will be developed during the EA in association with interested stakeholders. 6.4 Monitorinq Strateqy and Schedule 6.4.1 The ToR indicates that, during the Individual EA, MTO will develop a strategy and schedule to monitor the construction and operation of the recommended alternatives to ensure that all requirements of the EA are met. Monitoring and follow-up programs may also continue beyond the end of the implementation phase. a) A statement should be added to the ToR to indicate that the EA process and the specific conditions of the EA will be adhered to should the project proponent change - ego transferred to another agency or sold to the private sector. (Report PSD-099-03, Section 3.2.1 a) b) Monitoring and follow-up programs must continue beyond the end of the implementation phase to allow unintended impacts and mitigation failures to be properly identified and addressed. Restoration and compensation must be a key component of such a strategy. Effective monitoring is dependent on the collection of appropriate environmental baseline information. (CAC, Section 2.11) 6.5 Consultation 6.5.1 The ToR propose a program for consulting with the public, stakeholders and agencies during the EA study. A variety of consultation techniques will be used, including Public Information Centres, and the establishment of a Community Advisory Committee and a Municipal Technical Advisory Group. Additional forms of consultation will be considered as the project progresses. The consultation strategy appears to be similar to that proposed in the 2003 ToR. 6.5.2 MTO has committed to make their draft EA Report available for municipal, regulatory agency, public and First Nations review prior to formally submitting the final EA to the Minister of the Environment for review and approval. Changes may be made to the draft Report based on the results of this pre- submission review. 6.5.3 Comments a) Effective consultation is dependent upon MTO providing sufficient information about the project to agencies and public in a timely manner. (CAC, Section 2.12) 699034 REPORT NO.: PSD-082-04 PAGE 14 b) The general nature of the ToR will require public consultation throughout the EA process to ensure that alternatives are not dismissed too easily. (CAC, Section 2.12) c) MTO has not made sufficient effort to explain major changes to the ToR and the EA process arising out of the recent court decision. PICs should include a presentation component, along with Q & A session, to permit the public to better understand the project and process, to hear answers right there and then to ask questions. This still permits those preferring to ask questions one on one the opportunity to do so. (CAC, Section 2.12) d) The results of specific environment studies and the overall on-going study should be presented to the CAC in a timely and complete manner to allow feedback and input to the study. MTO should make a specific commitment to meet with the Clarington Highway 407 CAC on a regular basis during the EA process (eg. once per quarter). (CAC, Section 1.2 f) 6.6 Flexibility 6.6.1 The EA ToR must be submitted to and approved by the Minister of the Environment before the EA process can begin. It will then be used to guide how the EA will be prepared. Based on the new rules for ToR preparation, the 407 East Completion ToR represent the minimum requirements to be followed, and certain modifications may become appropriate as the project progresses. The ToR lists the types of additional work that may be contemplated in the project, including but not limited to: consideration of additional problems and opportunities, additional objectives to be used in evaluating alternative undertakings, additional criteria to be used in evaluating alternative methods, additional evaluation methodologies, additional technical studies and enhancements to the consultation programs. 6.6.2 Comment a) The flexibility built into the EA by the ToR may involve additional work to enhance the EA process, but it could also mean reducing the scope of work in any particular area. Significant changes to the EA process should not proceed without consultation with the public and other stakeholders. 7.0 CONCLUSION The Draft Terms of Reference for the Highway 407 East Completion EA are very general in keeping with the objective of not "scoping" the project. As a result, the EA study will need to be well managed and coordinated to meet the objectives, requirements and expectations of the various stakeholders in this process. The implementation of various transportation solutions in Durham 699035 REPORT NO.: PSD-082-04 PAGE 15 Region, including the extension of Highway 407, has the potential to significantly affect the quality of life in Clarington. Attachments: Attachment 1 - Memo from Don Drackley, IBI Group Attachment 2 - Memo from the Clarington Highway 407 Community Advisory Committee Interested parties to be advised of Council and Committee's decision: Mr. Doug Allingham, P. Eng. Consultant and Project Manager Totten Sims Hubicki Associates 300 Water Street Whitby, ON L 1 N 9J2 Mr. John Slobodzian Provincial and Environmental Planning Office Ontario Ministry of Transportation 301 St. Paul Street St. Catherines, ON L2R 7R4 699036 ~ MEMO From: Community Advisory Committee Municipality of Clarington Don Drackley, IBI Group Janice Szwarz, Municipality Faye Langmaid, Municipality Date: May31,2004 dd To: Steno: cc: File No: TO-0696 Subject: REVIEW OF 2004 TERMS OF REFERENCE - 407 EAST COMPLETION COMPARISON WITH 2003 TERMS OF REFERENCE MAJOR ELEMENTS 2003 VERSION 2004 VERSION OF THE TOR The Terms of Reference was This time the TOR has been written COMPLIANCE WITH prepared in accordance with in accordance with Section 6(2)(a) THE ACT Section 6(2)(c), which requires owing to the Richmond Landfill the proponent to "set out in detail" court decision MaE cannot "scope" the requirements for how the EA or "focus" work in an Individual EA TOR will be prepared. (can not "custom-make" the EA process) The result was that the 2003 TOR Section 6(2){a) requires only that RESULTING TOR was extremely detailed in it's the proponent indicate that the EA COPE AND LEVEL reassessment of Transportation will be prepared in accordance with OF DETAIL Need and collection of the requirements of section 6.1 (2). Environmental Condition data The result is a more narrowed scope of work to address only the requirements of 6.1 (2). The TOR is a much simpler document since it only has to address the requirements of 6.1 (2). The 2003 TOR was very specific There is no study area included in STUDY AREA about the location and rationale this TOR, as the entire Region of for 3 types of study area Durham is considered the area of segments, with Segment 1 and 2 investigation for this EA. This being very detailed in their means that hypothetically, works alignment, and with Segment 3 associated with a Highway 407 (Clarington) being left open to East Completion could be located routing alternatives anywhere, although assessments of conditions, opportunities and constraints would be expected to "reasonable" alignments. 699037 IBI Group CANADIAN ENVIRONMENTAL ASSESSMENT ACT NEED & JUSTIFICATION ALTERNATIVES TO THE UNDERTAKING FACTORSICRITERIA ALTERNATIVES TO UNDERTAKING ALTERNATIVE METHODS The previous TOR would have been subject to any conditions of the Individual EA that would "trigger" federal CEAA involvement. The 2003 TOR went into great lengths at reporting on previous studies and current analyses that confirmed the need for the East Completion at least east to the East Durham Link. The data sources and methodology used in this research was one are of criticism in the Peer Review of the TOR conducted by ISI Group in June, 2003. Following on the requirements of Section 6(2){c ), this TOR focused down the alternatives to the undertaking to be highway solutions, and specifically the 407 East Compietion. The option of not extending the highway was not an option. Some alternatives to this undertaking included widening Highway 401, improving the Regional road system and increase passenger and freight transportation by rail. However, the scope of the TOR was able to eliminate all of these alternatives from further consideration as not be reasonable. This is one area that generated much debate as there is no clear requirement in the Act as to what evaluation factors and criteria are used, as long the Natural, Social, Culturai and Economic Environments are represented. In the 2003 TOR, the Alternative Methods focused on alternative routes for the three Highway 407 east Completion segments. June 9, 2004 This is also the case in 2004 as documented in Section 1.2 of the TOR and Supporting Document A. The TOR say very little about project need (see page 8, 9), as this is not specifically listed as a necessary topic of inclusion under Section 6.1 (2) does not specifically include the question of "need". However, clause (2){b){i) does require "a description of and a statement of the rationale for - the undertaking" (in this case the 407 East Completion. The Act gives no indication of the scope of work required to make this description and statement. They could be very complex and detailed, or very brief and general. The 2004 TOR proposes examination of a wider number of alternative undertaking, many of which are not highway-based, ranging from Transportation System Management and improved transit service, through to improved rail, marine and air service. Once again, there is no indication in either the TOR or the Act of the scope of these evaluations, as they couid be extensive or brief. Same situation in this version and the Committee should be assured that Table 4.1 represents all of these concerns for the proposed "undertaking", but do not confuse this with factors and criteria to iater evaluate alternative methods which is an entirely different subject. In the 2004 version, the TOR do not present the alternative methods, but rather introduce the process and Objectives of 699038 IBI Group June 9, 2004 establishing alternative methods (i.e. routes), a standard evaluation methodology well-used in EAs and the detailed evaluation factors, criteria and indicators. In is here that the Committee should once again confirm their comfort with the scope of issues to be evaluated. The 2004 TOR called for a Although the Act is not specific on CONSULTATION relatively in-depth consultation the type of consultation to provide process using a variety of formats in an Individual EA, the new TOR and measures. appears to propose a similar program as proposed last year. DESCRIPTION OF CONTENTS - 2004 TERMS OF REFERENCE 1.0 INTRODUCTION 1.1 Background - The need for additional east-west and north-south transportation (not "highway") capacity determined in the Durham Transportation Master Plan (2003) and Highway 407 Overview Study (1989) is referenced as the reason why MTO plans on conducting an Individual Environmental Assessment (EA) of possible transportation solutions in the Region. In our previous Peer Review of the 2003 Terms of Reference (TOR), we noted concern about using the 1989 study as it is dated and does not take into consideration current travel patterns. Conversely, it can likely be argued that traffic conditions have only worsened since 1989, so any conclusion made in that study about transportation need would be expected to remain valid today, and supported by traffic analysis and forecasting conducted as part of the recent Durham Transportation Master Plan. The Background commits MTO to "consider" every phase of the EA process; Establish Need, Evaluate Alternatives to the Undertaking (the Undertaking is the provision of added transportation capacity), Evaluate Alternative Methods (these will likely involve alternative routes and operations) and Recommend Specific Infrastructure. 1.2 Federal/Provincial EA Coordination - We agree with the TOR that the project will trigger the need to address the Canadian Environmental Assessment Act (CEAA), and so MTO wants to proactively coordinate this project to address both the federal and provincial EA requirements. The federal requirements will be established by the "Responsible Authority" (RA) pursuant to Section 5(1) of CEAA, but until we know what will trigger the federal EA, we do not know what federal authority (department) will be the Responsible Authority. For example, it could be Transport Canada if railways will be crossed, or the Department of Fisheries and Oceans if fish habitat is impacted. MTO has extensive experience in coordinating the federal and provinciai EA processes. 1.3 Submission Statement - This confirms MTO is the project proponent having charge, management and control of the proposed undertaking. However, the TCR states later on that if the preferred undertaking that results from the project falls under the responsibility of another jurisdiction, for example Durham Region if the undertaking involves regional 6990:19 IBI Group June 9, 2004 road widenings or Go Transit if it involves expanded commuter rail service, then MTO would transfer the project all or in part to that jurisdiction. 2.0 PURPOSE OF THE UNDERTAKING 2.1 Overview and Outlook - This section summarizes why MTO is planning the "undertaking", which is defined as providinq additional east-west and north-south transportation capacity within the Reqion of Durham, by referring to previous transportation need studies. Note that the TOR does not focus the undertaking down to be the 407 East Completion, but rather leaves all options open. Section 2.4 states that the need for and description of any proposed undertaking(s) will be developed in the EA through preparation of a Transportation Planning/Need Report. The scope and content of that report are not described, so it could be the previous Transportation Planning/Need Report prepared last year and reviewed by IBI Group. Not fully describing the transportation need in the TOR is an extremely different approach than used in the 2003 TOR where extensive traffic analysis and forecasting was included in the Transportation Planning/Need Report to justify the 407 East Completion. However, the subsequent Ontario Superior Court decision preventing the scoping of IndiVidual EA TOR also means that the need for and type of undertaking must be determined as part of the EA process, and not as part of the TOR. The TOR also establishes the area of consideration for the EA to be the entire Durham Region extending from the Oak Ridges Moraine to Highway 401, and from the east Pickering area to Highway 35/115. The remainder of this section briefly summarizes the findings of various growth-related studies that support the position that the undertaking is required on the basis of population and employment growth, trade, tourism and recreation (i.e. Kawarthacottage country traffic), economics and business. It also briefiy summarizes the current state of the raii, highway, regional road and transit corridor systems within the area of consideration. In order to fully understand and analyse this information, reference must be made to the source studies. 2.2 Transportation Problems - Once again, previous studies are used as the source of information on existing and forecast transportation problems in Durham Region. Major problems are listed and the TOR commits to additional analysis of transportation problems as part of the EA, but does not describe the scope and type of this analysis. In other words, the analysis could be very extensive or very brief since the TOR provides no guidance for this work. Also, note that the stated problerns are limited only to transportation, and do not inciude any related probiems associated for example with air quality, other environmental impacts, affordability or quality of life issues. 2.3 Transportation Opportunities -As required by the EA process, the TOR lists a number of opportunities available in Durham Region that will be "considered" in the EA to address the previous stated transportation problems. These opportunities involve: · Transportation - reduced congestion and associated impacts, improved user safety, more transportation choices, reduced travel demand, improved passenger rail service and optimized/expanded existing infrastructure; 699040 IBI Group June 9, 2004 . Economy - improved efficiency/reduced costs for goods movement, improved connections between economic centres, improved goods movement choices, support for tourism and trade growth, etc.; and · Environment - develop transportation infrastructure that preserves natural resources, and protects/enhances existing communities. 3.0 POTENTIAL ENVIRONMENTAL EFFECTS The previous 2003 TOR included extensive information on natural and social environment conditions associated with the proposed 407 East Completion study area. Since the subsequent court ruling does not permit this type of inforrnation to be included as part of a TOR, the new description of Potential Environmental Effects is extremely brief. It is assumed that the previous environmental research and data will be recycled into the new EA process. Section 3.0 of the TOR simply summarizes how environmental information is proposed to be used as part of the EA evaluation process. 4.0 ALTERNATIVES TO THE UNDERTAKING 4.1 Identifying and Assessing Alternatives to the Undertaking . Once again, the "undertaking" involves a project or projects that will be selected through the EA process to provide additional east-west and north-south transportation capacity within the Region of Durham. Various alternative types of projects are listed that will be examined and assessed in the EA, ranging from the Do Nothing Alternative that is required in any EA, through to demand and system management alternatives, other mode alternatives (air, rail, marine, transit) and roadways. Combinations are also possible, and the TOR commits to considering additional alternative undertaking that may be suggested by review agencies, stakeholders and the public. However, the TOR does not described the scope and extend of assessment to be conducted on the alternatives, so the work could be very extensive or very brief. This section of the TOR also correctly states that the assessment of alternatives to the undertaking will look at the fundamentai differences among the alternatives, but essentially says that the effectiveness of each alternative to resolve the existing and expected transportation problems is of prime importance. We take this to mean that even if an alternative performs well from an economic or environmental perspective, if it does not resolve the transportation problems it will likely not be considered further in the EA process. This TOR section also lists the "minimum considerations" or criteria on Table 4.1 to be used in assessing the alternatives to the undertaking. Since these alternatives involve strategic ievel comparisons, such as the performance of improved/new roads compared to say improved air transport service, the assessment criteria involve strategic subjects such as ability to reduce peak hour travel demand, support trade and impact environmentai areas. The criteria are not intended to be project, location or route specific as these more detailed types of assessment come later in Section 5.0. Also, the TOR clearly states that the criteria for assessing alternatives to the undertaking are the minimum to be used, and the list will be augmented and refined based on agency, stakeholder and public input, and on the progress of the actual assessment process. 6991Hl IBI Group June 9, 2004 4.2 Selecting the Preferred "Alternative To" (Planning Alternative)- The assessment of all alternatives to the undertaking must conclude with a recommended alternative(s) to carry forward into the second and more detailed assessment process. The TOR states that if the No Nothing alternative is selected, the EA process is complete and over. If the preferred alternative is outside of MTO's jurisdiction involving commuter rail or regional roads for example, then the current EA process would stop and MTO would transfer responsibility for the continuing process to the appropriate agency for further action. If the preferred aiternative falls under MTO jurisdiction, the EA process continues, and if jurisdiction is shared, MTO wili only continue with the solutions under its responsibility. 5.0 ALTERNATIVE METHODS 5.1 Process for Generating a Study Area - Once the more strategic undertaking has been selected, the EA process moves into a more detailed assessment of that undertaking in terms of its location, design, function and impacts. The first step is to define the study area where these aspects of the preferred undertaking will be considered. The previous 2003 TOR included a relatively detailed description of the study area divided into three sub-areas, but the new TOR does not include any study area. This is consistent with MTO's own EA process, called the Class EA For Provincial Transportation Facilities, where the study area is determined based on the preferred undertaking. It is also important to note that even once the study area is defined, its boundaries can be refined or modified to accommodate any reasonable alternative methods as the study progresses, such as a change in an alignment. 5.2 Generating, Assessing and Evaluating Alternative Methods - This section of the TOR is the most detailed, describing the process to be used in generating, assessing and evaluating alternative methods. This is usually an iterative process that involves 5 main steps: STEP 1: Set the basic or strategic objectives for the alternative methods as listed on page 17 of the TOR, such as maximize use of existing infrastructure (i.e. roads, rail, transit, etc.). The reasons for including each alternative method in the EA should respond to these objectives. STEP 2: Set the more detailed Environmental and Technical objectives for the alternative methods as listed in Table 5.1 of the TOR, remembering that Environment includes the Natural Environment, Socio/Cultural Environment and Economic Environment. It is important to note that Table 5.1 includes Objectives for alternative method generation, not evaluation criteria (see Table 5.2). Also, the TOR does not explain what happens if a candidate method does not satisfy one or more of the objectives on Table 5.1, but it must be expected that some cut-off will be established to identify when a candidate method does not satisfy a suitable number of the 20 recommended objectives, and is therefore not included as an alternative method for further assessment. It is also interesting to note that 11 objectives (1 through 11) involve the Natural Environment, 7 the Socio-Economic Environment (12 through 18) one the Socio-Cuitural Environment (19) and one the Economic Environment (20). This means that natural and social environment conditions will be very influential in generating alternative methods. STEP 3: Assess the net expected impacts of each alternative method expected to remain after standard mitigation measures are used (i.e. noise exposure after noise walls are installed). 699042 181 Group June 9, 2004 STEP 4: Expand the assessment into a comparative evaluation of the advantages and disadvantages of each alternative method by first using a Reasoned Argument rnethod to describe in words these pros and cons based on know legislation, policies, conditions, issues and professional expertise. The resulting descriptions are then assigned a level of importance called a WEIGHT, and a SCORE that numerically measures the extent of advantages or disadvantages. This process is called an Arithmetic Evaluation method, and both methods are used extensively in the EA process. STEP 5: The descriptive and numeric results of Step 4 wiil be used to compare each alternative method against the others and determine which method offers the best weight-score combination, usually interpreted as representing the best possible method. This process also allows for trade-offs to be made where it may be possible to accept a certain type of impact or impacts of the best performing method because it still offers many other advantages. In fact the entire process to select the preferred method invoives trade-offs since it is seldom that one particular method is "perfect" with rnaximum advantages and no disadvantages. This is where the setting of evaiuation criteria and weights is so important in the EA process. The criteria in Table 5.2 should be heavily scrutinized so that no reasonable subject, issue or question is missed when the alternative methods are being evaluated. This reviewer finds Table 5.2 to generally be complete, except under Social Environment where property impacts could be expanded to include proximity impacts on nearby land uses that are not entirely displaced by a method, but may still be affected by partial displacement. 5.3 Concept Design - Once the preferred alternative method is selected, a concept design will be prepared based on design standards to be established for the project. The concept design usually shows the "plan and profile" of the preferred method, assuming it involves infrastructure such as a roadway extension, transitway or commuter rail line. The "plan" shows the horizontal alignment of the facility, and the "profile" shows the vertical alignment based on the existing and engineered profile of the land it traverses. The process for preparing the concept design is not reported in the TOR, as it will be developed during the EA in association with interested stakeholders. 6.0 MONITORING STRATEGY AND SCHEDULE This is a very brief commitment that MTO will develop a strategy and schedule to monitor the construction and operation of the recommended alternative(s) to ensure all requirements of the EA are met. This could involve, for example, the treatment of watercourse crossings, stormwater management and noise attenuation. 7.0 CONSULTATION All consultation held during the EA will conform to provincial and federal environmental assessment requirements. MTO proposes to use a variety of techniques to consult with the public, stakeholders and agencies. A Community Advisory Committee will be established, and additional forms of consultation will be considered as the project progresses. 6990lj3 IBI Group June 9, 2004 7.1 Public Consultation - Section 7.1 of the TOR briefly describes what are standard consultation techniques used in EAs, with four rounds of Public Information Centres (one during each of the four EA stages), required notifications, project web site, toll-free phone number, letters, faxes, the Community Advisory Committee and individual meetings and presentations to stakeholder groups. Except for the mandatory public meetings, the other consultation techniques are not specifically required by the EA process or Ontario EA Act. The consultation process appears to be similar to that proposed in the 2003 TOR. 7.2 Municipal Consultation - The use of a Municipal Technical Advisory Group (MTAG) and Council presentations appear similar to those proposed in the 2003 TOR, and are also not mandatory consultation requirements. 7.3 Methods of Consultation for External Agencies- MTO proposes to involve regulatory groups in the EA through a Reguiatory Advisory Group, which is often used in larger, complex EAs. 7.4 First Nations - A specific First Nations consultation plan wili be developed and followed during the EA based on First Nations interests in the project and study area. 7.5 Pre-Submission Review of the Draft EA Report- MTO commits to make their draft EA Report available for municipal, regulatory agency, public and First Nations review prior to formally submitting the final EA to the Minister of the Environment for review and approval. Changes may be made to the draft Report based on the results of this pre- submission review. 8.0 FLEXIBILITY The EA TOR must be submitted to and approved by the Minister of the Environment before the EA process can begin. It will then be used to guide how the EA is prepared. It is important to note that based on the new rules for TOR preparation, the 407 East Completion TOR presents the "minimum requirements to be followed'; and it states that certain modifications may become appropriate as the project progresses. This may involve additional work to enhance the EA process, but it could also mean reducing the scope of work in any particular area, although reducing scope is difficult to do when an EA in under careful and continuous public scrutiny. The TOR lists the types of additional work that may be contemplated in the project, including but not limited to consideration of additional problems and opportunities, additional objectives to be used in evaluating alternative undertakings, additional criteria to be used in evaluating alternative methods, additional evaluation methodologies, additional technical studies and enhancements to the consultation program. 699044 Q~-!lJglon TO: Mayor and Members of Council FROM: Clarington Highway 407 Community Advisory Committee DATE: 04 June 2004 RE: Comments on Draft Terms of Reference - 407 East Completion Environmental Assessment The Clarington Highway 407 Cornmunity Advisory Committee has reviewed the revised Draft Terms of Reference for the Highway 407 East Completion EnYironmental Assessment, and has prepared the following comments for Council's consideration. Janice Szwarz, Senior Planner Staff Liaison to the Highway 407 CAC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-0830 699045 Clarington Highway 407 Community Advisory Committee Recommendations to Clarington Council on the Draft EA Terms of Reference for the Highway 407 East Completion 1. General Comments 1.1 The Draft Terms of Reference (ToR) are very general in keeping with the objective of not "scoping" the project. As a result, the project will need to be well managed and coordinated to rneet the objectives, requirements and expectations of the stakeholders in this process. A very specific ToR with clearly outlined tasks and completion targets can give very clear definition of study expectations in terms of the level of effort to be directed to the various components of the study. It is not possible with this type of ToR to determine how much effort will be given to the various aspects of the work program. Because the ToR are so general, the CAC has developed some expectations of the Environmental Assessment study process. These expectations, as outlined below, would be benchmarks that the CAC could use as a guide in our dialogue with the Study Team. 1.2 Expectations a) That the study will provide a definitive recommended Transportation Plan for the eastern GT A and from our particular point of view, the Municipality of Clarington. b) That transportation demand for existing and future conditions, including intermediate planning horizons within the overall planning period, will be dealt with in a very thorough manner. c) That the Transportation Departments of the Region of Durham and the Municipality of Clarington will work in conjunction with the Study Team to provide a comprehensive overall plan that will deal with local and regional transportation issues that arise from proposed solutions. d) That the Region of Durham Official Plan will be completed in a timely rnanner to provide a basis for the transportation planning. e) That the Ministry of Transportation will assume a transportation mode of thinking beyond that of a Department of Highways frame of mind and, as necessary, ensure that other transportation providers, such as GO Transit, will contribute the necessary input for alternative components of the study. f) That results of specific enYironment studies and the overall on-going study will be presented to the CAC in a timely and complete manner to allow feedback and input to the study. It is suggested that the Study Team meet with the CAC once a quarter. g) That the Study Tearn will present specific examples where alternative transportation solutions have been applied in similar circumstances and 699046 will outline their effectiveness in the context of the Municipality of Clarington and also the environmental impacts associated with a specific proposal. h) That the current 400 series highways will be used as examples to assess the impact and effectiveness of the 407 east extension. i) That the assessment of the 407 east extension will look at the toll and non-toll alternatives. j) That the recommended alternatives for the transportation plan will be assessed at various stages of implementation to tie in with the growth of transportation dernand as outlined in Point b) above. 2. Specific Comments on Draft Terms of Reference 2.1 Introduction (p. 1) The ToR state that the document will establish minimum requirements to be followed during the preparation of the subsequent Individual EA, and will allow flexibility to consider enhancements to the process. CAC Comments The inclusion or consideration of any enhancements would be at the discretion of the proponent. It is therefore extremely important that as many issues as possible be commented on now. 2.2 Federal/Provincial Environmental Assessment Coordination (p. 1) The project resulting from this EA will also be subject to the Canadian Environmental Assessment Act (CEAA). Federal authorities frequently wait until a specific project has been defined to formally declare whether or not the project will require an approval frorn that agency. However, It has been federal practice for agencies to informally participate in the EA process prior to such a determination being made. CAC Comments To date, some federal agencies have not participated in Regulatory Advisory Group meetings. MTO should formally re-invite all potential participants in Regulatory Advisory Groups to ensure active consultation with all appropriate federal agencies throughout the EA. 2.3 Population and Employment Growth (p. 3) The ToR state that, between 2004 and 2031, Durham Region's population is expected to grow from 550,000 to 1,055,000, while employment is forecast to almost double from 170,000 to 311,000. CAC Comments The draft ToR appear to rely on future population and employment figures from the Durham Region's Official Plan Review. While the figures for 699047 population can be considered forecasts, the numbers used for employment are less reliable because they are based on a full build out of employment lands at selected densities. Other population and employment scenarios need to be considered. 2.4 Trade (p. 3) The ToR note that the manufacturing sector accounts for over 25% ($2.3 billion) of the Region's total gross dornestic product, and that comrnercial vehicle travel in and through Durham is anticipated to increase at a rate of approximately 3% per annum. CAC Comments The impact of rising gas prices and other operating expenses associated with trucking needs to be considered on existing truck traffic routes and potential truck traffic on a future Highway 407 with and without tolls. 2.5 Tourism and Recreation (p. 5) The ToR note the importance of tourism and recreation to Ontario's economy and that Durham Region, as the eastern gateway to the GTA, will experience increased tourist travel. Tourism is also important to the Kawartha/Haliburton areas to the north. CAC Comments Increased gas prices and vehicle operating costs could also affect the volume of tourist and cottager traffic through Durham Region. 2.6 Transportation (p. 5) Traffic congestion occurs regularly on Durham Region's road network during morning and afternoon peak periods for commuter travel, as well as during peak travel periods for tourist and recreational traffic. Planned growth in the Region will require improvements to the regional and provincial road systems, local transit systems, and rail for both passengers and freight. CAC Comment Analysis of transportation alternatives must include an analysis of all current, promised and projected spending commitments from/to various governments, including 10 Year and beyond capital spending plans of Go Transit, Via Rail, CN and CP rail, York Region Transit, TTC, locallregional transit systems etc. This must include a full discussion of possible improvements to existing provincial, local and regional road infrastructure. 2.7 Summary (p. 11) The ToR states that the purpose of the undertaking is to address the identified problems and opportunities by providing additional east-west and north-south transportation capacity within the Region of Durham for a 30 year planning horizon. The specific need for any proposed undertaking(s) and a description of 699018 any proposed undertaking(s) will be developed during the Individual EA through the preparation of a Transportation Planning/Need Report. CAC Comments The draft ToR do not meet the requirements of the OEAA [Sec. 6.1(2)(2)( b)] which requires both a description of the undertaking and a rationale for the undertaking. There is a discussion of need, which is not the same as a rationale. The ToR need to be amended to include both a description and a rationale for the undertaking. The ToR should also address the policy context in which the EA is being conducted and how it will be affected by other provincial initiatives, such as the establishment of the Greater Toronto Transportation Authority, the proposed GTA Greenbelt, GO Transit expansion, the revised Provincial Policy Statement, and Smart Growth/Growth Management. 2.8 Potential Environmental Effects (p. 12) The ToR indicate that research already undertaken has led to a basic understanding of the existing environment and major environmental features in Durham Region. Further environmental investigations will occur during the Individual EA. CAC Comment A description of the environment to be affected, and the data that would be used to describe it, should be included in the draft ToR. This would address such matters as data collection and comprehensiveness and the level of additional field investigations required. A very good understanding of the environment is required before a proper examination of potential environmental effects can occur. 2.9 Alternatives to the Undertaking (p. 13) The ToR defines alternatives to a proposed undertaking as being "functionally different ways of approaching and dealing with a specified problem or opportunity." A process for identifying and assessing the alternatives to the undertaking is described. Table 4.1 sets out three factors (transportation, economy, environment) and criteria for each factor to be used in the assessment of the alternatives. CAC Comments The factors and criteria used to assess alternatives are critical to the public having confidence that the alternatives will be assessed fairly and comprehensively. For each factor, a criteria should be added that addresses the degree to which proposed transportation system modifications support federal, provincial, regional and municipal policies that affect that factor. 699049 A full cost/benefit analysis must be provided of the alternatives to - both short and long-term. Many costs and benefits are long -term or cannot be easily quantified (eg. improved or reduced air quality). Given the length of time required to fully implement an alternative, the specific analysis of any alternative must be conducted for the short-term (5-10 Years), medium term (10-20 years), and long term (up to 30 years). The review of alternatives must include an analysis of the impacts related to the possible termination of Highway 407 at the East Durham Link (whether interim/temporary or permanent), and the need for improvements to the Regional Road system to deal with the traffic (eg. widening of Taunton Road). The Province should also commit to provide funding to assist the Region and the local municipalities with any required capital improvements resulting from the construction of the highway. The term "environment" must be used in its fullest sense to include the natural, cultural, and socio-economic environments. There is no reference in the ToR or the Supporting Documentation to a process/methodology to identify, assess and evaluate Alternatives To. The ToR do not define the extent of the analysis that will be conducted on alternatives. Given that it is this stage where alternatives are eliminated from further consideration, the ToR should require a robust and more detailed evaluation than what would appear to be currently required. 2.10 Alternative Methods (p. 16) The ToR indicate that, once a preferred alternative to the undertaking has been identified, a study area will be defined and the process commended to generate, assess, evaluate and select the preferred alternative method(s) to resolve the defined transportation problem. For example, for a highway, alternative methods could include different alignments. The ToR outline a number of environmental and technical objectives to be used to generate alternative methods, such as "minimize impacts to water bodies" and "avoid encroachment on Provincially Significant Wetlands and impairment of wetland function." CAC Comments . The CAC believes that the Oak Ridges Moraine and the Black-Farewell Wetland should be identified in the ToR as exclusionary objectives. The CAC also believes that the following should be given special consideration in the evaluation of alternative methods: · avoid critical ground water recharge areas, heritage homes, and large contiguous blocks of prime agricultural land · maximize distance from established hamlets · avoid designated serviced industrial land. 699050 . The public should be involved in the development of the criteria for the generation and evaluation of alternative methods. The development of criteria specific to each area municipality should be considered to reflect local values. The ToR should also require seasonal transportation alternatives to be considered. 2.11 Monitoring Strategy and Schedule (p. 27) The ToR indicates that, during the Individual EA. MTO will commit to developing a strategy and schedule for monitoring the implernentation of any recommended alternative(s). Monitoring and follow-up prograrns may also continue beyond the end of the implementation phase. CAC Comments Monitoring and follow-up programs must continue beyond the end of the implementation phase to aI/ow unintended impacts and mitigation failures to be properly identified and addressed. Restoration and compensation must be a key component of such a strategy. Effective monitoring is dependent on the collection of appropriate environmental baseline information. 2.12 Consultation (p. 28) The ToR outlines a process for consulting with the public, municipalities, regulatory agencies and First Nations throughout the EA process. CAC Comments Effective consultation is dependent upon MTO providing sufficient information about the project to agencies and public in a timely manner. The general nature of the ToR will require public consultation throughout the EA process to ensure that alternatives are not dismissed too easily. MTO has not made sufficient effort to explain major changes to the ToR and the EA process arising out of the recent court decision. PICs should include a presentation component, along with Q & A session, to permit the public to better understand the project and process, to hear answers right there and then to ask questions. This still permits those preferring to ask questions one on one the opportunity to do so. MTO should make a specific commitment to meet with the Clarington Highway 407 CAe on a regular basis during the EA process (eg. once per quarter). 699051