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HomeMy WebLinkAboutPSD-134-04 .. Clarinvon Leading the REPORT Wa y PLANNING SERVICES .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 1, 2004 Report M PSD-134-04 File#: PLN 23.5.14 By-law#: �. Subject: HIGHWAY 407 EAST—COMMENTS ON THE REVISED TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT r. RECOMMENDATIONS: �. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: �. 1. THAT Report PSD-134-04 be received; 2. THAT Staff Report PSD-134-04 be adopted as the Municipality of Clarington's comments on the Revised Terms of Reference for the Highway 407 East Environmental Assessment; and 3. THAT a copy of this Report and Council's resolution be forwarded to the Ontario .r Ministry of the Environment, Totten Sims Hubicki Associates, the Ontario Ministry of Transportation, and the members of the Clarington Highway 407 Community Advisory Committee FORTHWITH. Submitted by: Reviewed by. David J. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer Anthony S. Cannella, C.E.T. Director of Engineering Services JAS/FL/DJC/df 22 October 2004 r. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 r. 601 REPORT NO.: PSD-134-04 PAGE 2 1.0 BACKGROUND AND PURPOSE OF REPORT 1.1 In April 2004, the Ministry of Transportation (MTO) released draft Terms of Reference for the Highway 407 East Completion Environmental Assessment (EA). The Municipality submitted its comments on the draft Terms of Reference in June 2004 through Staff Report PSD-082-04. MTO and the project consultant Totten Sims Hubicki (TSH) have provided a formal response to the Municipality's comments on the draft Terms of Reference (see Attachment No. 1). 1.2 On September 27, 2004, MTO released revised Terms of Reference for the 407 East EA and submitted them to the Ontario Ministry of Environment (MOE) for review and approval. Public comments on the revised Terms of Reference must be submitted to MOE by Tuesday, October 26, 2004. Once approved by MOE, the Terms of Reference will guide the preparation of the EA. The proposed project schedule included in the Terms for Reference forms Attachment 2 to this report. 1.3 Given the short time period for the submission of public comment (30 days) and Council's meeting schedule, it was not possible to obtain Council's approval of comments by the stipulated date. Accordingly, Report PSD-134-04 has been submitted to MOE as the Municipality's preliminary comments, with the caveat that Council will not be formally considering and approving the comments until November 01, 2004. a 1.4 As well, because of the short commenting period, the Clarington Highway 407 Community Advisory Committee (CAC) was unable to formulate a set of consolidated comments. The comments indicated on Attachment No. 3 to this report therefore reflect the comments provided by the individual members of the CAC and have been incorporated into the main body of the report where staff concur. •• 1.5 The purpose of this report is to provide the Municipality of Clarington's formal comments on the revised Terms of Reference for the Highway 407 East EA, as indicated in bold italics. Staff has also commented on the responses provided by MTO and TSH to the Municipality's comments on the draft Terms of Reference (see Attachment No. 1) and indicated whether or not the response addresses the Municipality's concern. Where it is felt that the concern was not adequately addressed, the reader is directed to the appropriate section of the staff report for additional comments.. 2.0 OVERVIEW OF REVISIONS TO THE TERMS OF REFERENCE 2.1 The revised Terms of Reference are similar to the draft version released in April 2004 in that they are much more general than the previous 2003 Terms of Reference. This reflects the fact that the Terms of Reference are no longer "� able to limit or "scope" the issues that are to be addressed in the EA study. .o 602 No .,, REPORT NO.: PSD-134-04 PAGE 3 2.2 The rationale for the EA study is more clearly articulated in the revised Terms of Reference. MTO has indicated that additional north-south and east-west transportation capacity will be required in Durham Region over the next 30 �. years, and that the additional capacity may be provided through a provincial transportation corridor. The Terms of Reference now indicate that the purpose of the EA is "to assess existing and future anticipated transportation capacity deficiencies within the Region of Durham and to determine the transportation needs from a Provincial perspective." 2.3 The discussion of the policy framework for the EA Study places a greater emphasis on framing the transportation problems in Durham Region in the context of the GTA and other areas, including Kawartha/Haliburton and Northumberland County. There is a specific recognition that transportation in Durham Region affects and is affected by other developments and policy initiatives in the Greater Golden Horseshoe (GGH). 2.4 A more detailed discussion of each alternative to the undertaking has been included (eg. improved and/or new transit services) and how the preferred ,,,.. alternative will be selected. Each of the alternatives will be assessed against the transportation, economic and environmental criteria provided in Table 4.1 to determine the expected effects and impacts, mitigative measures, and the .. advantages and disadvantages associated with each alternative. 2.5 The Terms of Reference continue to discuss how alternative methods will be �. generated and evaluated once a preferred alternative has been identified. The objectives defined in Table 5.1, which will be used to generate the alternative methods, have been expanded to include more natural environment (eg. avoid �. where possible, minimize encroachment or loss of the ecological function of wetlands). Table 5.2 and Appendix C, which will be used to evaluate the alternative methods, have been revised to include additional indicators such as •• significant built heritage features and property impacts on commercial, industrial, institutional and recreational properties. 2.6 The consultation program remains largely unchanged with a couple of notable exceptions. The project team has proposed to re-examine the mandate, membership and operating procedures for the Community Advisory Group (CAG) and the Municipal Technical Advisory Group (MTAG) during the EA. Currently, representatives from the Clarington Planning Services and Engineering Services Departments sit on MTAG. It is also proposed to expand the municipal consultation program to include municipalities outside of Durham that may be directly or indirectly impacted as a result of changes to the transportation system in Durham (eg. York Region, Toronto, and Kawartha Lakes). 2.7 The revised EA Study schedule (Attachment No. 2) assumes MOE approval of the Terms of Reference in mid-December 2004. The Transportation Planning/Need Report is expected to be released by the end of January 2005 and the preferred alternative and the EA study area are expected to be identified by late March 2005. The first round of formal public consultation will 603 REPORT NO.: PSD-134-04 PAGE 4 d occur at this point. The entire EA study is expected to be completed and submitted to MOE in December 2006. No 3.0 COMMENTS ON THE REVISED TERMS OF REFERENCE ' 3.1 Policy Framework 3.1.1 Section 2.1 of the Terms of Reference lists the provincial, regional and local documents that establish the policy framework within which transportation problems and potential solutions will be considered as part of the EA study. 3.1.2 Comments a) Although the list of policy documents is quite extensive, the following documents should be added: • The Oak Ridges Moraine Conservation Plan • Building A Better Tomorrow— Ministry of Public Infrastructure and Renewal, February 2004 • Regional Transportation Strategy— Greater Toronto Transportation Authority All recently completed or on-going MTO studies such as the Goods Movement Study, Transit Opportunities Study, High Occupancy Vehicle (HO10 Lanes, and the Commuter Parking Lots Study. 3.2 Transportation Planning/Need Study 3.2.1 The Transportation Planning and Need study will be undertaken early in the EA process since it will define the transportation problems in Durham Region and beyond and provide the rationale for proceeding with the EA. •• 3.2.2 Comments a) The Region of Durham's population and employment growth figures should be updated to incorporate the most current figures (population, growth, employment, transportation, travel pattern) and then be compared to figures of other independent sources that have no vested interest in growth/transportation planning. The use of alternate growth scenarios will increase the confidence in the results of the Transportation Planning and Need Study. b) The argument that improved transportation infrastructure is needed to stimulate economic growth in Durham Region needs to be supported by the appropriate studies. The documents and data sources that will be referenced should be listed in the Terms of Reference to ensure that the sources are both appropriate and accurate. c) The analysis of transportation opportunities must include an analysis of all current, promised and projected spending commitments from/to .r REPORT NO.: PSD-134-04 PAGE 5 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. The Terms of Reference should indicate at a general level the documents or types of documents that should be reviewed to ensure that the sources are appropriate. 3.3 Identification and Evaluation of Alternatives r. 3.3.1 The EA study will identify and assess alternatives that may address all or part of the transportation problems to be identified in the Transportation Planning/Need an Report. The identification and evaluation phase is expected to be completed about two months into the EA study (end of February 2005) and the preferred alternative is expected to be selected approximately one month later (end of �. March 2005). The first round of formal public consultation will occur after this stage. 3.3.2 Comments a) The speed at which a preferred alternative will be identified raises some concerns about the thoroughness of the analysis. For example, +• the use of broad factors and criteria, rather than a more detailed cost/benefit analysis, to assess the benefits and disadvantages of each of the alternatives, may not be sufficient. b) If the alternatives in the Terms of Reference are not looked at with the diligence required, then the public will not have any confidence in the WX study's findings. c) The project team should formally consult with the public and the Advisory Groups during the evaluation of the alternatives and prior to ,m the identification of the preferred alternative. d) The process for generating and evaluating alternatives should follow the process set out for alternative methods, i.e. that they be: comprehensive, understandable, replicable, traceable and participatory. e) The likelihood of any alternative being implemented has a direct effect on the effectiveness of this alternative, including the various components of a combined alternative. Issues related to implementation, including but not limited to funding, timing, and staging, should be fully explored. fl The Terms of Reference should require the EA to identify specific examples of where the various alternatives have been applied in circumstances similar to the conditions found in Clarington and discuss their effectiveness and environmental impacts. REPORT NO.: PSD-134-04 PAGE 6 r 3.4 Generation and Evaluation of Alternative Methods 3.4.1 The Terms of Reference outlines a multi-step process for generating and evaluating alternative methods of implementing the preferred alternative. Tables 5.1 and 5.2 in the Terms of Reference outline a number of objectives and criteria that will be used in this process. 3.4.2 Comments a) The public should be involved in the development of the objectives and criteria for the generation and evaluation of alternative methods at specific workshops and not simply consulted at Public Information Centres as the project team has suggested. b) The protection of urban separators is indirectly covered under a number of objectives already listed in Table 5.1. However, this objective is important to the maintenance of community identity and the prevention of urban sprawl and therefore should be included in Table 5.1 as a specific objective. c) The project team has proposed that weights will only be assigned to factors and not the criteria in Table 5.2. However, this approach would appear not to provide for the relative importance of the various criteria to be assessed(eg. groundwater vs. vegetation). „r 3.5 Public Consultation w 3.5.1 The Terms of Reference indicate that public comment is encouraged at any time throughout the study process. Formal consultation with the public will occur as follows: • Consultation Round # 1 - May 2005 After the selection of the preferred alternative and the identification of the EA Study Area • Consultation Round # 2 - September 2005 After the development of the preliminary evaluation methodology for the alternative methods • Consultation Round # 3 - February 2006 After the identification of the preferred alternative method • Consultation Round #4 - September 2006 After the identification of the preferred concept design and before the preparation of the EA Report. 3.5.2 Comments .r a) Because of the general nature of the Terms of Reference, the successful execution of the study will depend largely on how it is directed during the various work activities. Therefore, it is important that there be adequate and timely consultation with the various stakeholders and advisory groups that have been established. WN ,■, REPORT NO.: PSD-134-04 PAGE 7 b) The EA study schedule should be sufficiently flexible to provide for additional consultation with stakeholders as required. The integrity of the EA process is dependent upon the ability of the public and interested groups to provide input and to have their concerns .. properly addressed. c) The Terms of Reference should identify workshops/information �•• centres at key points in the EA study that warrant more intensive and interactive consultation — for example, on the issue of"need", and the identification of a preferred alternative and an EA study area. d) Public Information Centres and other study—related activities should be advertised at least twice and in a prominent location in local newspapers. e) E-mail should be a recognized way to receive input during the EA by the proponent and MOE. fl The Terms of Reference should require the project team (TSH) and MTO to regularly update the 407 East EA website and the MTO website. g) The 30 day window for the submission of comments on the revised Terms of Reference does not allow for a thorough review of the document and does not recognize the meeting schedule of municipal �. Councils. The comment period for key documents should be expanded to at least 45 days. 3.6 Clarington Highway 407 Community Advisory Committee r. 3.6.1 The Clarington Highway 407 Community Advisory Committee is the only residents' advisory group established by a Council in Durham Region. Its members include representatives from the commercial and industrial sector, the agricultural community and LACAC, as well as unaffiliated members of the public, and as such is a valuable resource for both Clarington Council and the ., project team. 3.6.2 Comments a) The Terms of Reference should recognize the Clarington 407 CAC as a specific stakeholder group and require the project team to provide regular updates to the CAC at key points in the EA study. b) The Terms of Reference should indicate that the project team will aw meet with the Clarington CAC on a regular basis during the study. 4.0 CONCLUSION .. The EA study process must move forward or the result will be a gridlock on our current highway system which the economy can not afford. The current Terms •• of Reference can be used as a step in that direction. Given the timeline that REPORT NO.: PSD-134-04 PAGE 8 No has been set out it will only be achievable if the public, interested groups and agencies can put forward their concerns and have then addressed by MTO in a ..� timely, fair and transparent process. Clarington, by forming a CAC, has provided MTO with additional public input that would otherwise not be available. Staff and the CAC will continue to work together with the consultants, and MTO ••' to advance the process. am Attachments: 1. Table MTO/TSH Responses to Comments by the Municipality of Clarington on the Draft Terms of Reference 2. Proposed Study Schedule — Highway 407 East Environmental Assessment 3. Comments from Individual Members of Clarington Highway 407 Community Advisory Committee Interested parties to be advised of Council and Committee's decision: Ms. Gemma Connolly, Special Projects Gerald Brown Officer 56 Browview Road Ontario Ministry of Environment R.R. # 8 Environmental Assessment & Approvals Newcastle, ON L1 B 1 L9 Branch 2 St. Clair West, Floor 12A Toronto, ON M4V 1 L5 Mr. Mark Canning Mr. Doug Allingham, P. Eng. 50 Venton Court Consultant and Project Manager Tyrone, ON L1 C 5E9 Totten Sims Hubicki Associates 300 Water Street Ms. Johanna Deboer Whitby, ON UN 9J2 28 Rhonda Blvd. Bowmanville, ON L1 C 3W5 Mr. John Slobodzian Provincial and Environmental Planning Ms. Linda Gasser Office P.O. Box 399 Ontario Ministry of Transportation 7421 Best Road 301 St. Paul Street Orono, ON LOB 1 MO St. Catherines, ON L2R 7R4 Mr. William Harford Mr. J. Bradford Soles 185 Duke Street Chair, Clarington Highway 407 CAC Bowmanville, ON L1 C 3K3 1750 Pebblestone Road Courtice, ON L1 E 21-5 Mr. Ron Hooper 8 Frederick Avenue Mr. Fred Biesenthal Bowmanville, ON L1 C 2139 2078 Rundle Road Bowmanville, ON L1 C 3K3 r REPORT NO.: PSD-134-04 PAGE 9 Ms. Karina Isert Mr. Ross Libbey 7639 Leskard Rd. 52 Thornbury St., Orono, ON LOB 1 MO Courtice, ON L1 E 2G2 " Mr. George Khouri Mr. Murray Paterson 1750 Nash Road 1266 Church Street law Courtice, ON L1 E 21-9 Newcastle, ON LIB 105 MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) I MTO/TSH Response I Staff Comment 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. 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. 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. A Transportation Planning/Need Report will be prepared during the first phase of the individual Environmental Assessment that will examine the need for transportation improvements within and through Durham Region to neighbouring regions A statement has been added in Section 2.1 to state that 407 East is being undertaken within the context of all related provincial initiatives. The Ministry of Transportation will re-contact all federal, provincial and municipal agencies at the commencement of the individual Environmental Assessment. Federal authority participation will be coordinated by the Canadian Environmental Assessment Agency(CEAA). The 1989 Overview Study is one of many studies being used by the Project Team to provide supporting information for the determination of transportation need. The Terms of Reference have been revised (Section 2.3—Transportation Problems)to list all of the studies that will be reviewed. Section 2.1 (Policy Framework) is a new section that lists the Provincial, Regional and local policy documents that will be reviewed to determine the policy framework within which transportation problems and potential solutions will be considered. Other important policy documents should be added to the list. Response partially accepted. See Section 3.1.2 of the Report for additional comments. Section 1.2 (Federal/Provincial Environmental Assessment Co-ordination) has been retained in the revised Terms of Reference. Response accepted. it ■ K M z a I a r I I I I 1 4 4 I ! t t 1 I_ I_ F� II t I I f I I MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) I MTO/TSH Response I Staff Comment 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. The EA must provide a comprehensive analysis of transportation demand for existing and future conditions, including intermediate planning horizons within the overall planning period. The revised EA ToR indicates that population and employment and other relevant transportation data will be reviewed during the individual EA. Consideration of alternative growth rates and forecasts within Durham and in communities adjacent to Durham will be included in the planning need work to be undertaken within the individual EA. The Durham Transportation Master Plan (DTMP) suggests that Highway 407 Extension through Durham is required but also recognizes that this potential corridor is under the jurisdiction of the Province and that it would be subject to an individual EA to confirm the need and identify the location for a highway/transitway. The Project Team has also verbally advised that the growth forecasts prepared by the Province and the Region are regularly updated and have been generally accepted. Sensitivity testing will be undertaken on the growth scenarios to determine the effect of variances from the forecasts—eg. population growth occurring earlier or later than forecasted. The individual Environmental Assessment will examine existing conditions, 2011, 2021 and 2031 planning horizons. I It may also be useful to explore alternative growth scenarios prepared by independent organizations to ensure the integrity of the growth projections used in the EA study The Transportation Planning/Need Report to be prepared as part of the EA will be reviewed for thoroughness at the time it is released. Response partially accepted. See Section 3.2.2 of the Report for additional comments. A new statement has been added to Section 2.5 of the revised Terms of Reference that states that the transportation Planning/Need Report will include demand forecasting and transportation analysis for the 2011,20121,and 2031 planning horizons. 0 MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment The argument that improved transportation Economic development documentation/data The documents and data sources that will be infrastructure is needed to stimulate economic sources will be identified during the individual referenced should be listed in the Terms of growth in Durham Region needs to be supported EA. Reference. by the appropriate studies. Response not accepted. See Section 3.2.2. of the Report for additional comments In order to fully understand the discussion of the Appropriate documents have been referenced in Other important policy documents should be factors affecting transportation in Durham Section 2.1 of the final EA Terms of Reference. added to the list. Region, the relevant source studies must be referenced. Response partially accepted. See Section 3.1.2 of the Report for additional comments. The impact of rising gas prices and other This can be considered during the first phase of Increased gas prices and other factors that may operating expenses associated with trucking the individual Environmental Assessment. affect travel demand within and through Durham needs to be considered on existing truck traffic (Transportation Planning/Need Report). Region should be considered in the sensitivity routes and potential truck traffic. Increased gas analysis to be undertaken on the population and prices and vehicle operating costs could also employment growth scenarios. affect the volume of tourist and cottager traffic Response accepted. through Durham Region. Since the ToR does not describe the scope and A thorough analysis of transportation problems The Terms of Reference are not permitted to type of analysis of transportation problems that and opportunities will be undertaken. Clarification scope the EA study. The various studies being will be undertaken as part of the future EA study, of this will be provided in the individual undertaken as part of the EA will be reviewed for the resulting analysis could be very extensive or Environmental Assessment. thoroughness at the time they are released. very brief. The ToR should be modified to require Response accepted. the EA to undertake a thorough analysis of transportation problems and use current studies in the analysis. The transportation problems as defined by the The EA ToR has been modified in Section 2.3 to The referenced modification made to Section 2.3 ToR should be expanded to include related reference this comment. (Transportation Problems)notes that congested problems such as decreased air quality, traffic conditions will have a number of impacts, increased stress, and quality of life issues. including"higher levels of vehicle emissions (decreased air quality), greater stress for travelers and reduced quality of life for both travelers and commuters." Response accepted. I t t t. 1 I 1 t t t t t t _ 1_ 1 t t t t _ I II I I MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment 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. 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 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 indicates 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". This will be considered during the first phase of the individual Environmental Assessment (Transportation Planning/Need Report). The Purpose of the Undertaking is defined in Chapter 2. The individual EA may recommend improvements to transportation systems outside provincial jurisdictions. Such recommendations will be provided to appropriate jurisdictions for further consideration and action. It is recognized that the Terms of Reference are not permitted to scope the EA study. However, it would be useful at this stage to identify the types of documents that should be referenced in the EA Study. Response partially accepted. See Section 3.2.2 of the Report for additional comments. The revised Terms of Reference provide a more comprehensive discussion of the Purpose of the Undertaking in Section 2.0. In particular, there is a more specific recognition that transportation problems in Durham Region cannot be addressed in isolation and that there are existing and anticipated capacity constraints on key linkages between Durham and communities to the west and east. The statement of the Purpose of the Undertaking has been revised to read:"The purpose of this individual EA is to assess existing and future anticipated transportation capacity deficiencies within the Region of Durham and to determine the needs from a Provincial perspective." Response accepted. rA� t MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment Even though the ToR are not permitted to scope The EA ToR has been modified to reference the The definition of"Environment'has been the EA study, the ToR as currently proposed definition of"environment" included in the Ontario modified as requested. provide little guidance on how environmental Environmental Assessment Act in Section 3 of The Terms of Reference are not permitted to information will be collected and analyzed. It is the document. scope the EA study. The individual critical that the EA study process develop a thorough understanding of environmental Stakeholders will be invited to comment on work Environmental Work Plans will be reviewed for conditions in Durham Region. As such, the ToR plans during the early stage of the EA,which will thoroughness at the time they are released. should provide greater direction on the collection define the methods information sources evaluation criteria/measures and decision rules Response accepted. of environmental information to ensure that investigations and analysis occur at an to ensure that concerns for adequate appropriate level of detail. environmental information are demonstrated. MTO intends to carry out significant field The ToR should specify that the definition of assessments within the study area. "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. The factors and criteria used to assess The assessment of alternatives to the under- The Terms of Reference are not permitted to alternatives are critical to the public having taking will consider broad factors and criteria to scope the EA study. The report that discusses confidence that the alternatives will be assessed determine the degree to which each alternative the selection of the preferred alternative to the fairly and comprehensively. The ToR do not resolves transportation problems and takes undertaking will be reviewed for thoroughness at define the extent of the analysis that will be advantage of transportation opportunities.The the time it is released. This report is currently conducted on alternatives. Given that it is this reasoned argument method will be used. scheduled to be completed approximately 3 stage where alternatives are eliminated from (Section 4.1 of the EA ToR) months after the commencement of the further consideration, the ToR should require a Individual EA. robust and more detailed evaluation than what would appear to be currently required. The speed at which a preferred alternative will be identified raises some concerns about the thoroughness of the analysis. Response partially accepted. See Section 3.3.2of the Report for additional comments t 1 t. t t t [ t t [ t 1 1, , t . t . t t t t I I I I f I I I I I I I MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) There is no reference in the ToR or the Supporting Documentation to a process/methodology to identify, assess and evaluate Alternatives To the Undertaking. 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. MTO/TSH Response Chapter 4 of the EA ToR provides a description of a process for generating alternatives to the undertaking and, assessing and selecting the preferred alternative to the undertaking. MTO will examine broad-based transportation problems and opportunities and not merely focus on highways. Alternatives to the undertaking include all modes as well as Transportation Demand Management and Transportation Systems Management strategies and initiatives (See Chapter 4 of the EA ToR). Staff Comment A new section has been added to the Terms of Reference(Section 4.1.1 —Assessment of Alternatives to the Undertaking). This section indicates that each of the Alternatives identified in the Terms of Reference will be assessed against the transportation, economic and environmental criteria set out in Table 4.1 to determine: • expected effects and impacts • general actions that may mitigate or remedy the identified effects • advantages and disadvantages of each alternative. The Terms of Reference indicate that Table 4.1 represents the minimum considerations and may be modified based on input received and study findings. The report outlining the evaluation of the alternatives will be reviewed to ensure that the analysis is sufficiently thorough. Section 4 of the Terms of Reference discusses the Alternatives To the Undertaking and has been revised to provide a more detailed discussion of each of the Alternatives to be reviewed. Response accepted. I J MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment For each factor, criteria should be added that Table 4.1 of the ToR will be modified to address Criteria have been added to the Transportation addresses the degree to which proposed this request. and Environment factors that references the transportation system modifications support degree to which the proposed transportation federal, provincial, regional and municipal modification supports federal, provincial and policies that affect that factor. municipal policies. A similar criteria already existed for the Economic factor. Response accepted. A full cost/benefit analysis should be provided of The assessment of alternatives to, the Given the speed at which a preferred alternative the Alternatives To the Undertaking, for both the undertaking will consider broad factors and will be identified, there is some concern that the short and long terms. Many costs and benefits criteria to determine the degree to which each assessment of the various alternatives will not be are long —term or cannot be easily quantified alternative resolves transportation problems and as thorough as it should be. (eg. improved or reduced air quality). opportunities. Response partially accepted. See Section 3.3.2 of the Report for additional comments. Given the length of time required to fully Analysis of alternatives to the undertaking and Response accepted. implement an alternative, the specific analysis of alternative methods will include both short and any alternative must be conducted for the short- longer term impacts and benefits as appropriate. term (5-10 Years), medium term (10-20 years), The planning horizon for this project is 30 years. and long term (up to 30 years). The review of alternatives must include an This comment will be carried forward for The preferred Alternative To the Undertaking will analysis of the impacts related to the possible consideration in the individual Environmental be identified in the EA Study. Therefore, it is not termination of Highway 407 at the East Durham Assessment, if applicable. appropriate for the Terms of Reference to Link(whether interim/temporary or permanent), specifically require that this issue be addressed and the need for improvements to the Regional in the Study. However, if the Highway 407 Road system to deal with the traffic(eg. widening extension is identified as the preferred of Taunton Road). Alternative To, the various reports prepared through the EA Study will be reviewed to ensure that this issue is adequately addressed. Response accepted t t t t_ . t t 4 t t t_ t_ . t, t _ t i t t i._ t csa F� _Q f I I I i MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) The review of alternatives must include an examination of extending full GO Rail services to Bowmanville. In Table 4.1, the term"environment"must be used in its fullest sense to include the natural, cultural, and socioeconomic environments. Many of the alternatives, including the combined alternative, involve improvements to infrastructure that are outside the jurisdiction of the provincial government—eg. improvements to local transit and the regional road system. The analysis of the various alternatives must address the ability of these alternatives to be 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. MTO/TSH Response Expansion of GO Rail services to Clarington will be examined as part of the Transportation Planning/Need phase of the individual Environmental Assessment. Environment is meant to be used in its fullest sense. Clarification has been added to the EA ToR in Section 3. All of the transportation, economic and environmental criteria listed in Table 4.1 relate to the broad definition of environment as detailed in the Environmental Assessment Act. The analysis will be based on the planned infrastructure improvements identified in the Official Plans, TMPs, etc., of the Regional and local municipalities. Comments on the impact of not having certain elements of the infrastructure in place can be made. The potential impacts of each alternative method will be detailed in the study documentation during the individual EA. Expected effects and impacts, potential mitigation measures and advantages and disadvantages of alternatives to the undertaking and alternative methods will be examined as detailed in Chapters 4 and 5 of the EA ToR. Staff Comment I The original comment related to the assessment of Alternatives To and not to the Transportation Planning/Need phase of the study. Nevertheless, the Alternatives To identified in the terms of Reference includes improved and/or new commuter rail service. The definition of"environment'set out in the Ontario Environmental Protection Act is used in the Terms of Reference. This definition includes the natural environment(air, land,water, plant and animal life including humans)and the social, economic and cultural conditions that influence the life of humans or a community. The likelihood of any alternative being implemented has a direct effect on the effectiveness of this alternative and therefore warrants a more detailed analysis than suggested by the project team. Response partially accepted. See Section 3.3.2 of the Report for additional comments. Response accepted. If F� MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) 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. 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 The assessment of the 407 East extension should look at toll and non-toll alternatives. The various alternatives to the undertaking should be assessed at various stages of implementation to tie in with the growth of transportation demand. 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. MTO/TSH Response Comment noted. It would be useful to highlight examples of successful mitigation measures applied to other transportation solutions during the individual EA. We will carry this comment forward to the individual EA. This comment relates to a highway/transitway solution. This comment will be carried forward for consideration to the individual Environmental Assessment. The planning need will include an assessment of how highway/transitway solutions amongst other potential solutions, may address the defined problems. In consideration of highway solutions,the effect of tolling will be considered. Sensitivity testing using a range of tolling strategies will also be considered. The alternatives to the undertaking will be assessed at the planning horizon years previously noted. It is premature to reference a highway as the preferred solution. Costs and benefits to the Region and its area municipalities will be assessed according to the criterion/factors in the EA ToR. I t t. t _ ! t t t t t t Staff Comment The evaluation approach proposed by the current terms of Reference, although somewhat modified, remains basically unchanged. Response accepted. The original comment suggested that the EA evaluate both the effectiveness and the impact of the various alternatives in similar situations. The response provided only addressed the issue of impact. Response partially accepted. See Section 3.3.2 of the Report for additional comments. The thoroughness of the evaluation of toll and non-toll alternatives will be reviewed at such time as the report detailing the selection of the preferred alternative is released by the project team. Response accepted. The planning horizon years previously noted by the project team are: existing conditions, 2011, 2021 and 2031 planning horizons. Response accepted. I_ t t t t I t_ �S MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment The public should be involved in the The public will be consulted on criteria for the A Public Information Centre is not the most development of the criteria for the generation and generation and evaluation of alternative methods effective forum for receiving the public's evaluation of alternative methods.The at the first Public Information Centre. comments on the criteria to be used to generate development of factors and criteria specific to and evaluate alternative methods. each area municipality should be considered to eflect local values. Response not accepted. See Section 3.4.2 of P P the Report for additional comments. The ToR should address how a cut-off will be No"cut off' has been established for the number Given that the Terms of Reference are not established to identify when a candidate method of objectives (from Table 5.1)which must be met scoped, it would not be appropriate at this stage does not satisfy a suitable number of the 20 before a candidate method is not carried forward to define the"cut-off point for alternative recommended objectives in Table 5.1, and is for further consideration. However, the EA ToR methods. However, a suitable method to therefore not included as an alternative method does allow for this type of refinement to be eliminate methods will need to be identified in the for further assessment. proposed and considered during the individual EA study. EA. Response accepted. Table 5.1 should specifically indicate that This qualifier will not be added to the EA ToR. A blanket protection of the Oak Ridges Moraine alternative methods that encroach on the Oak The Oak Ridges Moraine Conservation Plan would, by default, increase the pressure on other Ridges Moraine will not be considered. allows for linear facilities within certain areas of valuable areas, such as prime agricultural land. the Moraine, subject to certain conditions. Response accepted. Protection of urban separators should be added Urban separators are covered under a number of Many of the objectives listed in Table 5.1 would to Table 5.1 as an objective. objectives already listed in Table 5.1.There will indirectly protect urban separators. However, not be an objective added to the ToR. this objective is sufficiently important to warrant its specific inclusion as an objective. Response not accepted. See section 3.4.2 of the Report for additional comments. The establishment of evaluation criteria and It is proposed that weights will only be assigned No explanation is provided as to why weights will weights, as set out in Table 5.2, is one of the key to factors and not criteria. only be applied to the factors (eg. Natural points in the EA process. It is therefore important Environment)and not to the criteria under each that the criteria and indicators identified in Table factor(eg.wetlands, air quality). 5.2 be as complete as possible so that no reasonable subject, issue or question is missed Response partially accepted. See Section 3.4.2 when the alternative methods are being of the Report for additional comments. evaluated. C. TND MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) The EA must address the quality of the features and indicators identified in Table 5.2 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 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. The ToR should require that that the human health risks be addressed in the assessment of alternative methods. MTO/TSH Response The EA ToR indicates that evaluation criteria are subject to refinement and modification during the individual EA. Decision rules outlining the levels of importance, quality and/or sensitivity of features and functions can be considered during the individual EA. Special considerations to the noted objectives and others can be considered during the individual Environmental Assessment through adjustment to the factor weights used in the arithmetic evaluation process as outlined in the EA ToR. This comment will be carried forward for consideration during the individual Environmental Assessment, if applicable. Many of the evaluation criteria impact human health. Evaluation criteria are subject to refinement during the individual EA. Health will not be added as an explicit criterion under Social Environment. Other indicators, including air quality and groundwater quality are assessed for their implications to human health which have more direct linkages to a highway project, should that be the preferred alternative to the undertaking_ 1 t I I 1 t t Staff Comment This response indicates that the EA study process will be responsive to study findings and input received from stakeholders while the individual EA is being undertaken. Response accepted. This response indicates that the EA study process will be responsive to study findings and input received from stakeholders while the individual EA is being undertaken. Response accepted. This comment assumes that the preferred alternative will be a highway and the impact of the preferred alternative will not be examined until the Individual EA study is undertaken. That study will be reviewed when it has been prepared to ensure that the these comments have been properly addressed. Response accepted. I t a 9_, a t 1 t 1 1 F* MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment The impact of terminating the Highway 407 This comment will be carried forward for This comment assumes that the preferred extension at the East Durham Link on traffic and consideration during the individual Environmental alternative will be a highway and the impact of the operation of the local and Regional Road Assessment, if applicable. the preferred alternative will not be examined network must be examined, even if the until the Individual EA study is undertaken. That termination is an interim step. In particular, the study will be reviewed when it has been prepared potential impact on the operational to ensure that the these comments have been characteristics of area roads and the financial properly addressed. burden on municipal taxpayers to pay for road improvements must be considered. Response accepted. Under the Social Environment Factor, the Indicators for property impacts have been Response accepted. indicators for property impacts should be expanded in Table 5.2 to include partial expanded to include proximity impacts on nearby displacement. land uses that may be only partially displaced by a particular alternative method. The extension of Highway 407 will provide a This comment will be carried forward for This comment assumes that the preferred greater benefit to areas to the west; the potential consideration during the individual Environmental alternative will be a highway and the impact of negative economic effects of the highway on Assessment, if applicable. the preferred alternative will not be examined Clarington should be addressed. until the Individual EA study is undertaken. That study will be reviewed when it has been prepared to ensure that the these comments have been properly addressed. Response accepted. The maintenance of easy and efficient access The evaluation criteria include" Farm equipment Response accepted. between farm properties is essential to the transportation routes affected"under Agriculture. viability of farm operations and should be specifically addressed in the EA. Cr:, Imo? MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment The potential impact on crop production if stream This comment will be carried forward for The thoroughness of the evaluation of the flows and groundwater used for irrigation are consideration during the individual Environmental impacts on crop production resulting from reduced must be addressed. Assessment, if applicable. It is unlikely that we changes to ground and surface water will be will be able to complete this level of analysis in reviewed when the EA study is prepared. the EA. Indicators for groundwater and surface Response accepted. water will consider the potential effects on users of the resource, whether fish, residential water supplies or business uses. The EA should address the effect of the Listed impacts are included under the agriculture Ten indicators are listed in Table 5.2 under fragmentation of farm parcels, agricultural factor(Table 5.2 of the EA ToR). Agriculture. Although an indicator for cumulative clusters of farms, and farm-related businesses on impact has not been included, the range of the viability of farming. indicators listed is sufficiently broad. Response accepted. Increased traffic on roads leading to a new The evaluation criteria include" Farm equipment Response accepted. highway will jeopardize the efficient and safe transportation routes affected" under Agriculture. movement of farm machinery. Impacts on agricultural operations related to the Evaluation criteria for agricultural operations The impact of salt spray would most likely be operation of a highway, such as salt spray, include all potential impacts associated with the addressed under the Indicator"field crop should be addressed. preferred method. operations affected". The Individual EA study will be reviewed when it has been prepared to ensure that the this comment has been properly addressed. Response accepted. The cumulative effect of a major transportation Agricultural effects include division of agricultural Response accepted. project on Clarington's agricultural community community areas as noted in Table 5.2. should be addressed. Ii ! ! t I t l I t_ t 4L*� UNW L �J a (ep..,� , 1 S J -- - a Y If 1 I I I i I II MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) 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—eg. transferred to another agency or sold to the private sector. 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/TSH Response The EA will include provisions and commitments that must be adhered to during design, construction and operation of any facility regardless of who the constructor or operator might be. The EA ToR includes a detailed consultation program (Section 7).There is sufficient flexibility in the program to allow stakeholders to request a specific amount of advance notice and/or specific documentation to facilitate participation in the individual EA studv. The EA ToR has allowed for four(4)formal points of contact throughout the individual EA. Public comment is encouraged at any time throughout the process. The format of Public Information Centres will be reviewed prior to each round. PICs may or may not include a presentation/question and answer component, depending on the nature of the material to be presented. Staff Comment I The EA study will be reviewed to ensure that the provisions and commitments included will be binding on any future proponent or owner. However, it must be recognized that the Provincial Government, if it sells or transfer jurisdiction of the project, can choose to impose or remove any restrictions it sees fit to do so. The proposed consultation program does not provide sufficient opportunities for effective public involvement at key points in the EA process. Response partially accepted. See Section 3.5.2 of the Report for additional comments. The project team has advised that the format of the Public Information Centres is being re- examined because of comments received from the public. Staff agree that flexibility in the format of the Public Information Centres is needed. Response accepted. 0 r� MTO/TSH RESPONSES TO COMMENTS PROVIDED BY THE MUNICIPALITY OF CLARINGTON ON THE HIGHWAY 407 EA DRAFT TERMS OF REFERENCE Clarington Comment(Report PSD-082-04) MTO/TSH Response Staff Comment The results of specific environment studies and The Project Team has committed to making The Terms of Reference should recognize the the overall on-going study should be presented presentations or meeting with groups/individuals Clarington Highway 407 CAC as a specific to the CAC in a timely and complete manner to on an as-needed basis. Specific commitments to stakeholder group and require the project team allow feedback and input to the study. MTO meet with specific interest groups will not be to meet with the CAC on a regular basis. should make a specific commitment to meet with the Clarington Highway 407 CAC on a regular included in the individual Environmental Assessment. Response not accepted. See Section 3.6.2 of basis during the EA process (eg. once per the Report for additional comments. quarter). The flexibility built into the EA by the ToR may The term "Flexibility"was meant to mean Because the EA is not being conducted as a involve additional work to enhance the EA "Enhancements"and not"reductions". The scoped study, the Terms of Reference cannot process, but it could also mean reducing the flexibility component of the EA ToR will be added define too precisely what issues the EA must scope of work in any particular area. Significant to the document throughout. Section 8 has been address. The Terms of Reference therefore changes to the EA process should not proceed removed from the EA ToR. provide the basic framework and the minimum without consultation with the public and other requirements for the EA study. The study will be stakeholders. reviewed when it is prepared to ensure that the scope of the study has been sufficiently enhanced. Response accepted. t. t 1__ t_ t t t t t t t__,_ 1 it t t 1 1 _ 1 1 nnnnmmn „ mmmmmmmm --Zmmmmmm MMM=MMMM mmmm_mmm MOMMUMOM MMMMMoMM mmmmmsmm mmmmm--- MROMMOR- mmmmm mmmmm mmmmm mmmmm mmm mmm MMMMMMMMMILZ mmmmmmmmmm mmmmmmmmmm mmmmmmmmmm i mmmmm mmmmm mmmmm m ATTACHMENT 3 CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE Comments by Individual Members on the Revised Terms of Reference for the Highway 407 East Environmental Assessment Study Schedule and Process • A process to determine enhancements to the EA process must be set out in the Terms of .. Reference — e.g. what events/requests must occur before MTO considers additional consultation opportunities? Further, a compliance monitoring plan must set out all commitments that would be adhered to by proponent, whoever that might ultimately be. • The project team must commit in the Terms of Reference that field and current studies will be undertaken in all instances where secondary data is outdated or unreliable, or where studies were conducted in a manner that would not be consistent with protocols identified in the Terms of Reference, or to the satisfaction of agencies with a relevant mandate.. Policy Framework • The list of studies to be reviewed as outlined in Section 2.1 of the Terms of Reference should be revised to include: • the Oak Ridges Moraine Conservation Plan • Building a Better Tomorrow (Feb. 2004) • Greater Toronto Transportation Authority— Regional Transportation Strategy • All related recently completed or ongoing MTO studies such as: Goods Movement Study, Transit Opportunities Study, HOV lanes and Commuter Parking Lots study. Transportation Planning and Need Report • The Region of Durham's population and employment growth figures must be updated and must incorporate the most current population/growth/employment/transportation-travel ' pattern figures — e.g. 2001 census plus others etc., then be compared to figures of other independent sources — i.e. those organizations that have no vested interest in growth/transportation planning. Also, alternate growth scenarios must be explored to ensure growth projections are integrated with horizon years for the EA study. • The transportation demands for existing and future conditions should be very thoroughly documented. This should include intermediate planning horizons in the overall planning period. • The proponent and project team should commit in the Terms of Reference that: any studies shown as background information would be current and/or studies showing historical data should only be relied upon to the degree that the information therein is still relevant to current EA study. .r rw Identification and Evaluation of Alternatives • The project team must fully assess issues around implementation of a combined alternative transportation solution, including but not limited to funding, timing, and staging. • All documents (federal/provincial/regional/local) related to transportation plans and related funding commitments must be brought forward for discussion in the EA. • The process for generating and evaluating alternatives should follow the process set out for alternative methods, i.e. that they be: comprehensive, understandable, replicable, traceable and participatory. • Stakeholder consultation occur prior to the project team identifying the preferred alternative. Clarington has the largest stake in the Durham region in the 407 project. If the alternatives in the Terms of Reference are not looked at with the diligence required, then Clarington as a community will be paying the highest price. • The Terms of Reference state that after three months, the Study Team will define a preferred alternative. This appears to be too short a time period to specify a Study Area and preferred alternative. It would seem more reasonable to use the initial segment of the study to screen alternatives, define a study area and establish a work program that looks at full completion of the Highway 407 East including the connector links as one option. As well, other selected modes of dealing with the transportation issues that could be used in conjunction with and/or as alternatives to the 407 should be identified. The preferred alternative (which may include a mix of transportation modes) would then be defined near the end of the study when advantages and disadvantages of specific options have been more fully explored. The analysis of alternatives should clearly outline the implications and i" impact of not having Highway 407 completed given various traffic demand forecasts and alternative transportation scenarios. •• During the course of the Study, approaches other than the Highway 407 may be identified to deal with transportation problems (This could be alternatives to 407 or complimentary components of an overall transportation solution). The Study Team should cite specific examples of where these other approaches have been applied in circumstances similar to the conditions found in Clarington and should detail their effectiveness and environmental impacts. • The effectiveness and environmental impacts of the current 400 series highways should be used as examples to demonstrate the impact and effectiveness of the 407 east extension. Consultation — General Comments • The project team should commit to undertaking task - appropriate workshops/consultation methods on aspects of the EA study that stakeholders have identified as requiring more intensive and interactive consultation. • Stakeholder consultation must occur on "need", identification of preliminary study area within which "alternatives to" would be identified, as well as objectives for assessing „r evaluating alternatives prior to project team coming forward with a preferred alternative. r 627 • All stakeholders including government reviewers must be provided with sufficient notice of consultation opportunities and with EA documents in a timely manner, to permit them to respond fully by the appropriate deadlines. • The consultation record must be provided at the earliest opportunity, to permit stakeholders to review how consultation occurred, and results to determine if sufficient. ., • Regularly scheduled advisory group meetings should be held to provide opportunities for exchange of information, questions and answer sessions and project updates —in addition to those meetings required to deal with project - specific issues The public, municipal and agency advisory group representatives are more likely to be able to attend meetings regularly if they and/or alternates know the meeting schedule in advance. Also, given the amount of project specific information that must be absorbed, regular updates and question and answer sessions allow for advisory group representatives to better absorb complex and detailed information incrementally. • The process must move forward or the result will be a gridlock on our current highway system that our economy can't afford. The current Terms of Reference has to be used as a step in that direction. The MTO must however give a timeline that can be achieved with + + enough input' from the public and interested groups so that these concerns can be addressed sufficiently and that all parties have a fair say in the process. Public Consultation • The principles of public consultation must be stated clearly in the Terms of Reference. Accessibility is a key to meaningful consultation. There should be stakeholder access to: information, documents, deliverables, project team and the proponent — i.e.. access to the people and resources associated with the project. As well, via related processes, public stakeholders must have access to municipal staff and elected officials as they take decisions related to EA throughout the study. • Future Public Information Centres/meetings must contain a formal presentation, sufficient time for a question and answer session, to run concurrently with a drop-in meeting for those who do not wish to hear presentations and engage in a question and answer session. • The proponent must advertise at least twice on every occasion — in major GTA newspapers as well as local papers. Ads must be located in prominent sections of paper that are generally read by public — e.g. first or GTA section in major papers, first 10 pages or so in local papers. • All EA notices/advertisements must include e-mail contact information for those listed on the notice, and must be a recognized way to receive input during the EA by the proponent and MOE, as well as all related reviewers. • The project team must agree to provide regular updates to the Clarington 407 CAC at key .• points in the EA study, and upon request. Key project team personnel must be available to provide such updates to stakeholders throughout the study. • All advisory group meetings should be open to the public with upcoming meeting dates posted on the project website. The public must be aware of issues brought forward/comments by public servants and public representatives on the Community �`" wrr Advisory Group, as they occur— not many months down the road when and if summaries get posted on website. • The role of meeting facilitators should be restricted to facilitation — they should not be employed in any other capacity by the project team to avoid any perception of bias. �- • When anything causes the EA schedule to change, this should be shown on the project team website, with an explanatory note. The project team and proponent must commit to updating the project team's and proponent's websites regularly . • The EA study schedule in the Terms of Reference should be reviewed and amended to include specific consultation opportunities. Also, sufficient flexibility should be incorporated into the entire schedule to provide for additional consultation as requested by stakeholders, and to permit sufficient time for conducting field work that must be undertaken for a number of seasons at specific times of the year. • The Terms of Reference present a broad un-scoped approach to studying the transportation needs of The Region of Durham and the Municipality of Clarington in relation to large-scale transportation needs. Because the Terms of Reference are general, the successful execution of the study will depend largely in how it is directed during the various work activities. Therefore, it is important that there be adequate timely consultation with the various stakeholders and advisory groups that have been established. The Clarington CAC has requested quarterly meetings with the Study Team as a basic guide for the frequency of consultation. Agency Consultation • MOE must ensure that all government agencies are identified early in the EA process so that stakeholders can be assured that all agencies with a related mandate are involved in EA study. • All advisory group meetings should be open to the public with upcoming meeting dates posted on project website. The public must be aware of issues brought forward/ comments by public servants and public representatives on the Community Advisory Group , as they occur — not many months down the road when and if summaries get posted on website. Community Advisory Group • MTO's Community Advisory Group (CAG) must be revamped prior to start of the EA study to ensure that the CAG is composed of members who represent the diversity of interests .. of the impacted community. • Member selection criteria and a clear group mandate should be set out in the Terms of Reference to guide municipal selection of appointees, and the project team's at large "` selection of members.