HomeMy WebLinkAboutPSD-099-03
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CJ~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
-(05.I+W
Date: Monday, September 8, 2003
Report #: PSD-099-03
File #: PLN 23.5.12
By-law #:
Subject:
HIGHWAY 407 EAST COMPLETION
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-099-03 be received;
2. THAT Staff Report PSD-099-03 be approved as the formal comments of the
Municipality of Clarington on the "Draft Highway 407 East Completion Environmental
Assessment Terms of Reference", dated April 2003;
3.
THAT a copy of this report and Council's resolution be forwarded to Totten Sims
Hubicki, the Ministry of Transportation, and the Clarington Highway 407 Community
Advisory Com . e.
~
PJ
A.S. Cannella
Director of Engineering Services
Submitted by,
avid J. Crome, .C.I.P., R.P.P.
anning Services
Reviewed by:
?
anklin Wu, Chief Administrative Officer
JAS*FL *DJC*sn
August26,2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTO,N
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
699052
REPORT NO.: PSD.099-03
PAGE 2
1.0 BACKGROUND
1.1 In the early 1990s, the Ontario Ministry of Transportation (MTO) completed route
selection studies for Highway 407 through Durham Region. These studies identified
technically preferred routes for the highway terminating at Highway 35/115, and two
freeway links to connect the new highway to Highway 401, including a proposed link in
the vicinity of Hancock Road in Clarington. These studies and the technically preferred
routes were not submitted for approval.
1.2 In Spring 2002, MTO initiated a new Environmental Assessment (EA) Study process for
the Highway 407 East Completion Project through Durham Region. The project team for
the new EA includes Totten Sims Hubicki (TSH) as the lead consultant. In late May
2003, MTO released the draft Terms of Reference (ToR) for the new EA for public
comment, and set July 31, 2003 as the comment deadline. The Municipality submitted
preliminary comments on the draft ToR for this deadline, which consisted of two
documents:
. The ISI Group. Peer Review: Highway 407 East Completion Environmental
Assessment Terms of Reference, June 23, 2003
. Clarington Highway 407 Community Advisory Committee (CAC). Possible
Recommendations to Clarington Council on the Draft EA Terms of Reference for the
Highway 407 East Completion, July 8, 2003.
1.3 MTO has indicated that It is their intention to submit the ToR to the Minister of
Environment for approval in September 2003. However, the Ministry has also assured
the Municipality that any comments submitted prior to the formal submission of the draft
ToR to the Minister of Environment for approval will be considered.
2.0 PURPOSE OF REPORT
2.1 The purpose of this Report is to provide the Municipality of Clarington's formal
comments on the "Draft Highway 407 East Completion Environmental Assessment
Terms of Reference", dated April 2003. 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 ISI Group (see Attachment 1), and the Clarington Highway 407
Community Advisory Committee (see Attachment 2). Cross-references to these
attachments are provided, where appropriate, to identify the source of a comment
provided in this report and to direct the reader to a more detailed discussion on the
comment.
2.2 It should be noted that the CAC comments submitted to MTO were further revised by
the CAC at their meeting in August 2003. These revised comments form Attachment 2
to this report.
REPORT NO.: PSD-099-03
PAGE 3
3.0 ENVIRONMENTAL ASSESSMENT PROCESS
3.1 Overview
3.1.1 The EA study is being undertaken pursuant to the requirements of both the Ontario
Environmental Assessment Act (OEM) and the Canadian Environmental Assessment
Act (CEM), and will use new data and information from the earlier studies where
appropriate in order to update, confirm or possibly change the previously recommended
routes. The study is proceeding as an individual EA under the OEM. The first step in
this process is the preparation of the Terms of Reference (ToR) for the EA which, when
completed, will be submitted to the Minister of Environment for approval. The project
team will use the approved ToR as a guide for undertaking a Route Location/Concept
Design Individual EA study.
3.2 Comments
3.2.1 The following are the Municipality's comments on the Environmental Assessment
process being undertaken for the Highway 407 East Completion:
a) A statement should be added to the ToR to provide assurance that the EA
process and the specific conditions of the EA will be adhered to should the
proponent change - e.g. transferred to another agency or sold to the private
sector (181, Section 4.9).
b) The EA should consider the full build-out of Highway 407(eg. the ultimate
number of lanes and width), even if it will not be built until some future date
(Highway 407 CAC, Section 11).
c) The ToR and the EA process as a whole should be reflective of the Provincial
Policy Statements, and both the ToR and the EA study report should indicate
how they comply.
4.0 NEEDS ANALYSIS
4.1 Overview
4.1.1 The draft EA Terms of Reference discusses the need for the Highway 407 East
Completion through a review of transportation problems in Durham Region. These
problems include lack of existing and future freeway capacity in Durham to
accommodate planned growth, increasing traffic congestion, and the dominance of
automobile use. The needs analysis relies heavily on the draft Durham Transportation
Master Plan and population and employment targets developed through the Regional
Official Plan review. As well, the analysis assumes that future auto use will decrease by
15% and transit use will increase to 15% of all trips. The description of the project does
not indicate whether the highway will be a toll or non-toll facility, although there is some
analysis of different toll scenarios.
REPORT NO.: PSD-099-03
PAGE 4
4.1.2 The needs analysis states that Highway 407 is required to support economic growth in
Durham Region. It also establishes that the Highway 407 extension from Brock Road in
Pickering to the East Durham Link, and both the West and East Durham Links, are
required. Without the East Durham Link, there would be significant impacts on the
regional and local road network during peak periods. A continuous transitway along
Highway 407 to the East Durham Link and along both Links is also recommended.
4.1.3 East of the Durham Link, the needs analysis found that future traffic volumes through
Clarington will create congestion problems, even with planned improvements to the
Regional road network and potential improvements to Highway 401. However,
improvements to Highways 35/115 and 401 and the Regional road network may provide
an alternative to the construction of Highway 407 through this section. The needs
analysis recommends that alternatives to Highway 407 be examined in this area.
4.2 Comments
4.2.1 The following are the Municipality's comments on the Needs Analysis undertaken for
the Highway 407 East Completion:
a) The economic argument that Highway 407 is needed to stimulate economic
growth in Durham Region has not been substantiated and is not supported by
the appropriate studies (Highway 407 CAC, Section 4 a).
b) The ToR should provide a more complete reference to data sources used in
the needs analysis and refer to a broader range of data sources to
substantiate the analysis (lBI, Section 4.1.1; Highway 407 CAC, Section 2).
c) Basing growth assumptions on draft Regional documents that have not been
approved provides a weak policy foundation for the needs analysis. Other
information sources that provide alternative predictions for GTA and Durham
Region growth potential should also be referred to as a way to test the
credibility of the traffic projections - for example, a decreased reliance by
Durham residents on Toronto for employment (IBI, Section 4.1.1 to 4.1.3;
Highway 407 CAC, Section 2).
d) Traffic origin-destination growth projections should be used to assess future
trip distribution (IBI, Section 4.1.5).
e) The targets for decreased auto use and increased transit use may not be
achievable. The ToR should not assume these types of travel changes
without considering alternative scenarios (IBI, Section 4.2).
f) The ToR are based on the premise that Highway 407 and the Links will not be
tolled. This brings assumptions about the highway's usefulness as an
alternative to Highway 401 and its impact on the regional and local road
networks into question (Highway 407 CAC, Section 1; IBI, Section 7.1).
~
REPORT NO.: PSD-099-o3
PAGE 5
5.0 STUDY AREA SEGMENTS
5.1 Overview
5.1.1 The EA ToR identifies three Study Area segments within which route alternatives will be
identified and examined. These segments are generally based on the Previously
Recommended Route for Highway 407 and the two Links (see Attachment 3).
5.1.2 In Study Area Segment 1, minor adjustments (:t100 m) will be considered to the
Previously Recommended Route to account for land use and policy changes over the
last decade. The section of Highway 407 from Grandview Avenue in Oshawa to
Langmaid Road in Clarington is included in this study segment. For engineering and
transportation reasons and because this route avoids the Oak Ridges Moraine, the
project team felt that the Previously Recommended Route in this section was
appropriate.
5.1.3 Alternatives to the Previously Recommended Route will be generated, assessed and
evaluated for those portions of the project included in Study Area Segment 2. The East
Durham Link is included in this study area segment which extends from west of the
Previously Recommended Route easterly to Maple Grove Road. The project team
agreed to re-examine the route for the East Durham Link due to potential impacts on the
natural environment, including the Black-Farewell wetland complex.
5.1.4 Study Area Segment 3 includes the area between the East Durham Link study area and
Highway 35/115, and from Highway 401 north to the Previously Recommended Route
for Highway 407. The project team found that Highway 407 may not necessarily be
needed in this area to accommodate future traffic volumes, and therefore other possible
alternatives to the highway should be assessed. The needs analysis identified the
following alternatives:
. Do nothing
. New provincial highwayltransitway
. Improvements to existing highways and Regional roads (although the ToR
indicate that that the widening of Highway 401 through Oshawa is not feasible
because of land use constraints)
. Transportation Demand Management
. Combination of alternatives.
5.1.5 A preliminary analysis of each of these alternatives is provided in the draft ToR. This
assessment identified the Combined Alternative, which would involve improvements to
transit, the provincial highway system, and the regionai road network, as the preferred
alternative for Study Segment 3 and will be the only one carried forward to the next
stage of the EA. If, at the next stage, an extension of Highway 407 is identified as being
required, then a scoped study area will be selected within which route alternatives will
be generated and evaluated in the same manner as for the other Study Segments.
REPORT NO.: PSD-099-03
PAGE 6
5.2 Comments
5.2.1 The following are the Municipality's comments on the Study Area Segments identified in
the draft ToR:
a) The limited timeframe for reviewing the draft ToR does not allow for a
thorough examination of the appropriateness of the study area boundaries.
This is of particular concern in Clarington where three study segments have
been identified and Study Segment 3 provides for a wide range of options to
be reviewed (Highway 407 CAC, Section 8).
b) The splitting of the study area into three segments allows the EA to
recommend a final design that does not extend east of the East Durham Link.
The termination of the highway at this point must be addressed in the EA (181,
Section 4.3).
c) The ToR should provide sufficient justification for screening out the widening
of Highway 401 through Oshawa as an alternative (181, Section 4.1.7).
d) The narrow study area defined for Segments 1 and 2 may not be sufficient to
measure and understand the potential cumulative effects of highway
construction and operation (181, Section 4.8 and 5.1.1).
e) The north boundary of Segment 3 should align with the north edge of
Segment 2; alternatively, the rationale for setting the north boundary of
Segment 3 should be documented in the ToR (181, Section 7.3).
f) The impact of terminating the highway at the East Durham Link on traffic and
the operation of the local road network must be examined (181, Section 4.1.6).
g) The success of the last three alternatives for Study Area 3 would be
dependent on infrastructure improvements and land use policies that are
beyond the mandate of the provincial government. The ability of these
alternatives to be successfully implemented is questionable and the
implications of not achieving the required targets must be fully addressed in
the EA (Highway 407 CAC, Section 7).
h) The EA should result in a definitive plan for Segment 3 that removes any
uncertainty about the future alignment or extension. (181, Section 4.6).
i) The review of alternatives for Study Segment 3 must include an examination
of extending full GO Rail service to Bowmanville
6.0 GENERATION AND EVALUATION OF ROUTE ALTERNATIVES
6.1 Overview
6.1.1 Route alternatives will be generated taking natural environment, socio-economic,
cultural and technical considerations into account. The generation of route alternatives
will be guided by criteria/objectives defined in the ToR (Table 6.1) that are intended to
minimize adverse impacts. For example, under Natural Environment, minimizing the
number of water crossings is listed as an objective. Initially, route alternatives will only
be generated for Study Segment 2. However, for Study Segment 3, if an extension of
REPORT NO.: PSD-099-03
PAGE 7
Highway 407 is selected, a scoped study area will be defined within which alternative
routes will be generated.
6.1.2 Once various route alternatives are identified, they will be evaluated in a two-step
process. In the first step, called the impacts assessment stage, the net impacts of each
alternative will be determined and assessed (net impact refers to the impact after
mitigation measures have been applied). The second step is the evaluation stage.
Step 2 builds upon the impact assessment information obtained in the first step and
involves a comparative analysis of the advantages and disadvantages of the
alternatives in order to select a preferred alternative. This approach is called the
Reasoned Argument (trade-off) method and will be the primary evaluation tool. A
second evaluation approach, called Arithmetic Evaluation, will be used to confirm the
results of the Reasoned Argument preliminary evaluation. Numerical values will be
used to determine both the level of importance of each environmental factor (its weight)
and the magnitude of the impact associated with an alternative (Its score). If the results
from the two evaluation methods differ, the components that disagree will be re-
examined.
6.1.3 The ToR defines a series of indicators to be used for quantifying impacts (Table 6.2).
This table defines key criteria for the natural, cultural, social and economic
environments, as well as technical considerations. For example, under Natural
Environment, groundwater is one of nine criteria identified, and three indicators are
listed - effect on groundwater recharge areas, effect on groundwater discharge, and
municipal and private water supply wells within 150 m of the ROW.
6.1.4 The routes will be generated and evaluated by the project team. The public will be
consulted on the relative weightings of the factors in Table 6.2 during the second round
of consultation. However, the final weighting for each factor will be determined by the
project team.
6.2 Comments
6.2.1 The following are the Municipality's comments on the generation and evaluation of
alternatives discussed in the draft ToR:
General
a) The public should be involved in developing and assigning weightings to
route generation criteria. Routing options in different segments should be
based on local community values developed through consultation with each
area municipality (Highway 407 CAC, Section 9).
b) The public should be involved in the design of the questionnaire to determine
the weightings of environmental factors, and should also participate in the
development of the criteria and weightings before the project team proceeds
with the evaluation of alternatives. Different weightings should be developed
for each area municipality to more accurately reflect local community values
(Highway 407 CAC, Section 10).
c) 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 (181, Section 4.5.2,5.5.4).
REPORT NO.: PSD-099-03
PAGE 8
d) The indicators and criteria identified are in reality just an enumeration of
features along the routes. They provide no or minimal information on the
quality of the features and whether they wilt be affected. A third set of
evaluation criteria should be developed to deal with the net impact of each
alternative on these features (181, Sections 4.5.3, 4.5.4, 5.4, 5.5.3 ).
Natural Environment Criteria
e) The measure of impacts on wetlands, ESAs, ANSls and special spaces should
be the impact of an alternative on these features and their functions, and not
what distance of the feature the highway wilt cross (181, Section 5.2).
f) The evaluation approach for wildlife does not consider the wildlife species or
guild of species that may be affected and what level of impact is anticipated
(181, Section 5.2).
g) The impact on rare or VTE (vulnerable, threatened and endangered) species
should take into account their habitat requirements and their sensitivity to
disturbance, and the impact analysis should be done on a species basis (181,
Section 5.2).
h) The evaluation criteria for groundwater should require source protection for
water resources and recharge areas, not just the avoidance of crossings
(Highway 407 CAC, Section 14).
i) "Stream crossing criteria should be grouped into three broad categories
(requiring BMPs, mitigation or compensation) to allow for a more detailed
evaluation of impacts (181, section 5.6)."
j) The current evaluation system can result in the impact on a single feature
being counted more than once; alternatives should be considered to address
this problem (181, Section 5.6).
Social Criteria
k) The EA should fully address all of the potential negative impacts of Highway
407 on Clarington's social fabric (Highway 407 CAC, Section 4).
I) Protection of the urban separator between Courtice and Bowmanvilte should
be addressed.
Economic Criteria
m) 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 when alternative routes and phasing schemes for the East
Durham Link and Study Segment 3 are evaluated (181, Section 7.2; Highway 407
CAC, Section 3).
n) The extension of Highway 407 wilt benefit areas to the west; the potential
negative economic effects of the highway on Clarington should be addressed
(181, Section 7.4; Highway 407 CAC, Section 4).
REPORT NO.: PSD-099-03
PAGE 9
0) Agricultural lands should not be the target or default location for the highway.
Additional objectives should be added to Tables 6.1 and 6.2 addressing the
avoidance of prime agricultural lands.
p) The maintenance of easy and efficient access between farm properties is
essential to the viability of farm operations, and should be addressed.
q) The ToR must address the potential impact on crop production if stream flows
and groundwater used for irrigation are reduced.
r) The ToR should address how the fragmentation of farm parcels, agricultural
clusters of farms and farm-related businesses by the highway will affect the
viability of farming.
s) Increased traffic on roads leading to Highway 407 will jeopardize the efficient
and safe movement of farm machinery.
t) Impacts on agricultural operations related to the operation of the highway,
such as salt spray should be addressed.
Technical Criteria
u) Induced traffic impacts on the area roadway network should be addressed.
(ISI Section 7.2).
7.0 ENVIRONMENTAL WORK PLANS
7.1 Overview
7.1.1 A comprehensive set of Environmental Workplans is appended to the draft ToR for the
following disciplines: natural environment, cultural heritage, socio-economic, noise, air
quality, archaeological, property contamination, technical, and cumulative effects. Within
each of these disciplines, work activities and data sources are identified that will enable
the impact of the various route alternatives to be evaluated. For example, the Natural
Environment Workplan recommends more detailed fieldwork be undertaken, including
botanical surveys, breeding bird and amphibian surveys. It also recommends that the
boundaries of significant areas and the characteristics of recharge and discharge areas
be verified.
7.2 Comments
7.2.1 The following are the Municipality's comments on the Environmental Workplans:
General
a) Field inventories should be generated using credible information and
collected under Best Management Practices for the field of study. A quality
analysis should be included for each factor, both individually and collectively
(Highway 407 CAC, Section 13).
b) An operational analysis should be undertaken for wherever the highway is to
be terminated, even on an interim basis (eg. during construction) to determine
the impact on the local and regional road network (Highway 407 CAC, Section
3).
REPORT NO.: PSD-099-Q3
PAGE 10
Natural Environment
c) The ToR should clarify that detailed inventories will be undertaken prior to the
selection of a preferred alternative route (ISI, Section 5.1.1.3, Section 5.7.2).
Cumulative Effects
d) The ToR should indicate how the human health risks resulting from the
construction and operation of Highway 407 will be addressed in the EA
(Highway 407 CAC, Section 12).
e) Cumulative effects thresholds should be examined, especially from a natural
environment perspective, for example for area sensitive breeding birds (ISI,
Section 5.8).
f) The ToR should state that cumulative effects assessment will be undertaken
on a regional scale basis and not on a corridor basis (ISI, Section 4.8).
8.0 CONCLUSIONS
8.1 This background information, analysis and set of recommendations is provided for
Council's review and consideration. To date the Municipality has provided comments in
the form of the Peer Review and the July 8th Highway 407 CAC Draft
Recommendations. This report attempts to combine all of the applicable
recommendations from the comments and discussions to date, peer review, CAC
comments and provides additional recommendations based on the goals and objectives
of the Official Plan.
8.2 Clarington, of all the municipalities in Durham, has the largest areas under study and
the different parameters for the different study segments complicate the EA process.
The rural character of Clarington will bear the brunt of the impact of Highway 407 and
East Durham Link. As such, Council should bear in mind how potential changes along
the Highway 407 corridor and East Durham Link should be anticipated, controlled and
managed during the review, debate and addressing of land use issues.
Attachments
Attachment 1
Attachment 2
Attachment 3
ISI Group Peer Review Comments
Clarington Highway 407 Community Advisory Committee comments
Study Area Segments in Clarington
List of interested parties to be advised of Council's decision:
Mr. John Slobodzian Mr. Doug Allingham, P. Eng.
MTO Project Co-ordinator Consultant Project Manager
Provincial and Environmental Planning Office TSH engineers architects planners
Ontario Ministry of Transportation 300 Water Street
301 SI. Paul Street Whitby, Ontario L 1 N 9J
St. Catha rines, Ontario L2R 7R4
REPORT NO.: PSD-099-03
PAGE 11
Mr. Steve Lipsett, Chair
Clarington Highway 407 Community Advisory Committee
c/o Clarington Planning Services Department
-
Att hment 1# 3
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Attachment # 1
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Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
ENVIRONMENTAL ASSESSMENT TERMS OF REFERENCE
"
JUNE 23, 2003
699U62
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IBI GROUP
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TABLE OF CONTENTS
1. BACKGROUND ....................................................................................................................... 1
2. CONTENTS OF THE DRAFT ENVIRONMENTAL ASSESSMENT TERMS OF
REFERENCE ........................................................................................................................... 1
3. PURPOSE OF THE PEER REVIEW ....................................................................................... 2
4. OBSERVATIONS ON THE DRAFT TERMS OF REFERENCE ............................................. 4
4.1 Purpose of the Undertaking (Transportation Need & Justification) .......................................,......... 4
4.2 Planning Alternatives ...........'................................................................................................................ 6
4.3 Study Area Description ........................................................................................................................6
4.4 Route Refinement Alternatives.. Generation and Evaluation Process (Study Area
Segment 1) .............. ............... .................................. ............. ......... ........ ................ .............. ...... ,...... ..... 7
4.5 Route Alternatives Generation and Evaluation Process (Study Area Segment 2)........,................. 7
4.6 Transportation Alternatives Generation and Evaluation Process (Study Area
Segment 3).............. ,............................................ ............. ....... ............................................ ..... ............, 8
4.7 Concept Design.... ........... ............................................... ........, .................. ......................................... ,.. 8
4.8 Cumulative Effects...... ................................................... ......... ......... ............................. ........................ 8
4.9 Monitoring and Activities Following EA Approval............................................................................. 9
5. OBSERVATIONS ON EVALUATING THE NATURAL ENViRONMENT............................... 9
5.1 Proposed Evaluation Approach................................,.......................................................................... 9
5.1.1 observations on proposed evaluation approach ...........................................10
5.2 Source and Use of Background Information .................................................................................... 11
"
5.3 Conformity to MTO EA Requirements...............................................................................................12
5.4 Potential Evaluation Risks ................................................................................................................. 12
5.5 Alternative Approaches...................................... ............... ..... ........................................ ........... ........, 12
5.6 Improving the Correlation Among Criteria ....................................................................................... 13
5.7 Natural Environment Summary..................................................................................,....................... 14
,
5.8 Cumulative Effects Work Plan ........................................................................................................... 15
June 23, 2003
699IJ63
Pagei.
, .
IBt GROUP
June 23, 2003
6. CONSULTATION ................................................................................................................... 15
7. OTHER OBSERVATIONS ..................................................................................................... 15
7.1 Toll vs. No.Tolllmpacts.................,.................................................................................................... 16
7,2 Induced Travel Demand...................................................................................................................... 16
7.3 East Segment 3 Alignment...........................,:.........:~......................................................................... 16
7.4 Economic Impact Assessment ..,..........,...................... ....................,........................................... 17
\,
699064
Pageii
IBI GROUP
June 23. 2003
. ,
EXECUTIVE SUMMARY
Under the Ontario Environmental Assessment (EA) Act, a minimum five-week pre-submission
review period is provided prior to submission of an Environmental Assessment Terms of Reference
(EA ToR) to the Minister of the Environment (MaE) for approval. If approved, the ToR will guide
preparation of the EA for Route location/Concept Design before proceeding to construction. Under
the Ontario EA Act. this pre-submission review provides an opportunity for interested stakeholders
such as the Municipality of Clarington to identify any issues or concerns with the ToR prior to their
submission to MaE. The review period can be extended on the approval of MaE.
Peer review observations and suggestions regarding the Highway 407 East Completion EA ToR
and Transportation Planning/Needs Report are summarized as follows:
DRAFT TERMS OF REFERENCE
o Transportation problems and needs in Durham Region appear to be well developed in the
ToR and Transportation Plaoning/Need Report, and the quality of the demand forecasting
approach appears reasonable. More reference to data sources would help in understanding
how and why certain growth assumptions and conclusions have been made.
o The Region's Draft Transportation Master Plan and draft Official Plan have not received final
approval, and therefore may provide a weak policy foundation for this EA ToR.
o Alternative visions of possible GT A and Durham Region growth, for example being developed
by the Neptis Foundation in their Toronto-Related Reg/on Futures Study and the province's
new Shape the Future Smart Growth initiative, could be used as a sensitivity test to determine
how the need for transportation system improvements in Durham might change.
o The ToR problem statement is based on two significant transportation planning goals, both of
which may be extremely difficult to achieve by 2031 in the context of Durham Region, namely
that auto ridership will be reduced by 15%, and transit will carry 15% of daily trips compared
to 8% now.
o Even with these aggressive planning targets, some very high volume/capacity deficiencies in
the east-west direction through Durham are still forecast. It would be helpful to see some
traffic origin-destination (a-D) growth projections used to assess future trip distribution.
o The ToR should require that in evaluating any alternative routes or phasing schemes that do
not include the planned East Durham Link, associated operational traffic impacts on the area
roadway network resulting from this termination must be considered.
.
Owing to the scale of the proposed Highway 407 undertaking, we suggest that more
justification be added on screening out the Highway 401 widening option.
.'
Study Area Description Study Area Segment 1 will only evaluate refinements to the Previously
Recommended Route within plus or minus 100 metres. Study Area Segment 2 will examine a wider
extent of routing alternatives based on MTO commitments made regarding these areas. East of the
East Durham link area, a much broader Segment 3 evaluation area is proposed extending to
Highway 35/115 in this area. where more structural and TDM alternatives are being left for further
consideration. This split-segment approach could possibly allow the EA to recommend a final
design that does not extend east of the East Durham link.
Study Area Description - The ToR says linking the east completion into the existing Highway 35/115
interchange is "not a requirement". Routes in Segment 2 will also be generated using the Route
Generation Criteria in Table 6.1. leaving flexibility in selecting candidate routes. such as "minimize".
"avoid where possible" and "maximize". There is no use of more restrictive criteria using "will not" or
"do nor'.
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181 GROUP
June 23, 2003
The Evaluation Factors. Criteria and Indicators listed in Table 6.2 of the ToR will be used in the
evaluation of alternative routes in Segment 2 and form the basis for initial screening-out of
alternatives obviously unsuitable either technically or environmentally. They will also be used to
select the preferred alternative. and although suffice for pre-screening of unviable alternatives, the
criteria may not be completely adequate and appropriate for comparing alternative route impacts.
For this, there needs to be an additional process similar to that used in other major EAs with
descriptive tables or reports outlining potential impacts of each alternative on each feature. potential
mitigation, and net impacts.
Transportation Alternatives Generation & Evaluation. Process (study area segment 3) .
Segment 3 east of the East Durham Link differs from the first two segments in that all options are
being retained for consideration and evaluation, including the Do Nothing option. At this point this
leaves a high degree of uncertainty about the future of provincial transportation improvements
between the East Link and Highway 35/115. It is hoped that the EA study will conclude with a
definitive plan for this Segment, or the cloud of highway development will remain.
Conceptual Design - MTO design standards are understandably not subject to modification or.
compromise to avoid or reduce freeway construction impacts or costs.
Cumulative Effects - Th<;l narrow study area "corridor" in Segment 2 and especially Segment 1
may not be sufficient to measure and understand potential cumulative effects of highway
construction and operation. A large regional area may be required to accomplish this level of
assessment. Also. the ToR states that the cumulative effects assessment will only be carried out
for the preferred alternative, which is standard practice in the EA process. However, as noted
previously, the question is whether this can be done on a corridor vs. a regional scale.
Monito,ing & Activities Following EA Approval - A statement could be added to the ToR to
further describe what procedures will be followed to ensure compliance with the ToR during the EA
process should there be a change in the proponent, anticipating that the proponent may change
from MTO to the private sector. Similarly, a second statement could be added on how the
proponent (MTO or private) will ensure, through compliance monitoring, that the specific conditions
of the EA are met.
OBSERVATIONS ON EVALUATION OFTHE NATURAL ENVIRONMENT
The framework for evaluating alternative routes for the Highway 407 East Completion is good
except for two components. One is the inventory process and the other is the evaluation process.
One problem inherent to all EAs is the overlap and high correlation among natural environment
features. It would help this overlap somewhat if criteria on designated areas and special spaces
were moved from the natural environment to the social environment category since they deal with
policy designations.
,.
CUMULATIVE EFFECTS WORK PLAN
From a natural environment perspective. it may be useful to examine cumulative effect thresholds
because in some cases, the addition of one more disturbance may result in a large impact much
greater than in other cases. Three possible examples of thresholds that might be examined in the
Cumulative Effects Work Plan are impacts on area-sensitive breeding birds, impacts on birds
dependent on regional abundance of habitat. and increases in imperviousness in watersheds.
CONSULTATION
It is strongly recommend that in consideration of the proposed project magnitude and impact, the
absence of scheduling pressures and the fact that the 30-day pre-submission review period is
occurring during the June/July summer vacation period, the length of this review period is
inadequate and should be extended.
699!l66
Page iv.
IBI GROUP
June 23, 2003
OTHER OBSERVATIONS
Toll vs No-Tolllmpacls - The Transportation Planning/Needs Report concludes that although
forecasted traffic volumes with tolls are consistently less than without tolls on the Highway 407 East
Completion and links, as much as 60% on the West Durham Link section, volumes would reach a
level that would benefit the system performance while still addressing the system deficiency. While
we do not question this conclusion, the question of how the toll scenarios would impact on the
Regional and local roadway network is not being addressed by the draft ToR. The conclusion here
is that since volumes on a toll extension are expected to be lower than a MTO no-toll extension, the
EA study should include a sensitivity test or expand on-lhe existing tests to describe the impacts of
this difference on the Regional and local roadway network.
Induced Travel Demands - The increased east-west capacity provided by the Highway 407 East
Completion is expected to divert traffic off some regional and municipal roads and improve
. ,
conditions, and this type of potential "area traffic impact" should be addressed in the ToR, and more
emphasis should be placed on these area assessments in the EA.
East Segment 3 Alignment - Concerns have been noted that any potential Highway 407 alignment
within Study Area Segment 3 between the East Durham Link and Highway 35/115 will be located
too far south and will be quickly encroached by urban development. However. screening of more
northerly alternatives can be done if determined to not be "feasibie" and "reasonable". If in fact a
highway location within the moraine is technically "feasible", even considering all the environmental
constraints and impacts, then an argument could be made that such alignments should be retained
in the EA ToR, and the north boundary of Study Area Segment 3 moved north to ali9n with tile north
edge of Segment 2. If MTO and/or the Municipality believe that any alignment witnin the moraine is
in fact not feasible and reasonable, then the rationale for setting the north boundary of Segment 3
should be documented in the ToR.
Economic Impact Assessment - The need for the Highway 407 East Completion is based in large part
on the economic development opportunities provided by this facility. While these opportunities are
recognized in the Durham Region municipalities west of Clarington, the impacts on Clarington itself
may not be as significant, but this reliance on economic development is not reflected in the ToR.
The proposed EA evaluation methodology includes a limited number of general economic impact
criterion, including 1) capability to stimulate development. and 2) effects of approved private
development proposals. Short of conducting extensive economic impact and cosVbenefit studies of
the 407 completion, additional and more specific economic impact criterion may be advisable
"
699U67
Page v.
IBI GROUP
June 23. 2003
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
1. BACKGROUND
Construction of Highway 407 began in 1993 and currently it runs a total of 108 kms from the QEW
in Burlington to Highway 7 east of Brock Road in Pickering. This section of Highway 407 is being
operated and maintained by the 407 ETR Corporation.
The need for the section of Highway 407 from Highway 48 easterly to Highway 35/115 was
recognized in previous studies and reconfirmed by theMinistry's Highway 407 Overview Study
(September 20, 1989). The Overview Study assessed the future traffic demands in the Greater
Toronto Area and surrounding municipalities and concluded that there was a need to protect a
transportation corridor that includes the following links:
.
Highway 407 easterly from Markham Road to Highway 35/115 to address deficiencies
in meeting east-west travel demands;
.
two Highway 401 to Highway 407 freeway links - the East Durham Link near the
Oshawa-Clarington border and West Durham Link in the Pickering/AjaxlWhitby area;
and,
.
an east-west transit corridor as far east as the proposed Oshawa-Clarington link.
The Overview Study also indicated an immediate need to locate and to protect these transportation
corridors due to the pressures for development in these areas and recommended that route location
and environmental assessment studies be carried out.
In 1989, the Ministry initiated Route Planning/Environmental Assessment studies for Higllway 407
east of Highway 48 and an adjacent Transitway. In 1990. Route Planning studies for the two
Highway 401 to Highway 407 links were initiated. Each analysis area was approximately 10 km in
length running from Highway 401 to the proposed Highway 407.
Although technically preferred routes for these facilities were identified and presented to the public.
planning was completed and Environmental Assessment Reports prepared and submitted only for
the section of Highway 407 East from Markham Road to Highway 7 east of Brock Road (Highway
407 East Partial Extension). A decision was made in 1994 to terminate the planning/environmental
assessment studies for the remainder of the Highway 407 extension to Highway 35/115 and the two
proposed freeway links, and to consolidate all remaining work into a single assignment called the
Hiqhwav 407 East Completion.
2.
CONTENTS OF THE DRAFT ENVIRONMENTAL ASSESSMENT
TERMS OF REFERENCE
,.
The final easterly portion of Highway 407 between Brock Road and Highway 35/115, its associated
transitway and the two proposed Highway 401 to Highway 407 freeway links first require approval of
an Environmental Assessment (EA) Terms of Reference (ToR) by the Ontario Minister of the
Environment, as required by the Ontario Environmental Assessment Act. The ToR is essentially a
guide on how to prepare the EA, and the Draft Highway 407 East Completion ToR contains the
following contents as required by the Act:
699:)68
~
161 GROUP
June 23, 2003
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
. The purpose of the undertaking (the proposed Highway 407 East Completion);
. Description of alternatives that will De considered;
. Description of the study area and potential environmental effects;
. Process to De followed to generate. assess and evaluate transportation alternatives;
. Discussion of the generation. assessment and evaluation of concept design alternatives;
. Description of the proposed cumulative effects analysis;
. Discussion of activities that will follow completion of the EA process;
. Commitment to develop a monitoring str:otegy during the EA process;
. Description of proposed consultation:
. Identification of other approval required; and
. Proposed schedule for completion of the EA.
The Draft EA ToR was prepared oy the proponent, the Ministry of Transportation, through their
consulting team led by Totten Sims Hubicki. It involves the main ToR document released to the
public in early June. along with the main supporting document entitled the Transportation
Planning/Need Report. In addition, an historic overview document on the proposed Highway 407
East Completion from 1989 to 1994 was provided, along with the following comprehensive series of
appended Draft Work Plans that had earlier been made public:
. Cultural Heritage . Natural Environment
. Noise . Socio-Economic
. Technical . Cumulative Effects
. Contaminated Property/ Waste Management . Air Quality
. Archaeology . External Consultation
3. PURPOSE OF THE PEER REVIEW
Under the Ontario EA Act, a minirnum five-week (30-day) pre-submission review period is provided
prior to submission of the EA ToR to the Ministry of the Environment (MaE) for approval. If
approved by the Minister, the ToR will guide preparation of the EA for Route Location/Concept
Design Defore proceeding to construction. Under the Ontario EA Act. this pre-submission review of
the Draft ToR documentation provides an opportunity for interested stakeholders such as the
Municipality of Clarington to identify any issues or concerns with the ToR prior to their submission to
MaE. The review period can be extended on the approval of MaE.
.>
The proposed Highway 407 East Completion is being planned as a freeway facility, with the most
easterly 25 kms of its length traversing east-west through Clarin9ton. As well, a 10 km north-south
freeway link, termed the East Durham Link, is planned to connect Highway 407 with Highway 401
along a route to be determined in the EA process within a study area set between Courtice Road
and Maple Grove Road as shown on Exhibit 1 below. Due to the scale of this proposed project
through Clarington. the project has the potential to significantly affect the entire municipality.
699U69
Page 2
tBl GROUP
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
Exhibit 1 - Study Areas
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Owing to the significance of this proposed project to the Clarington, and the comprehensive and
multi-disciplinary complexity of the supporting documentation, Municipal Council directed staff to
hire appropriate consultants to review the Need and Justification Study and the Terms of Reference
for the Highway 407 East Completion< 181 Group was selected for this task. with assistance in the
natural environmental subjects from ESG InternationaL
As per the Request for Proposals. there are four main requirernents in preparing this Peer Review:
1 < Provide the Municipality with strategic advise on all aspects of MTO's Class EA For Provincial
Transportation Facilities and how they have been applied to date in the preparation of the \>
Highway 407 East Completion EA Terms of Reference;
2< Conduct an independent analysis of the appended Transportation Planning/Need Report for the
EA, since this represents the basis of any plans for the Highway 407 East Completion:
3< Assist the Municipality in preparing a formal response to MTO on the contents. methodology and
conclusions of the EA Terms of Reference, and;
4< Present these Peer Review findings and conclusions to Municipal Council and the Clarington
Highway 407 Community Advisory Committee<
June 23, 2003
699U70
Page 3
181 GROUP
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
The Municipality's consultants have conducted this independent analysis of the ToR, the supporting
Transportation Planning/Need Report and appended Work Plans. The following presentation of
consultant responses to these documents is intended to assist the Municipality in preparing its
comments on the Draft EA ToR. A preliminary presentation of these responses was provided to the
Clarington Community Advisory Committee on June 3, 2003.
4. OBSERVATIONS ON THE DRAFT TERMS OF REFERENCE
The Ministry of Transportation, acting as the project proponent, has correctly chosen to conduct an
Individual EA of the proposed undertaking (the Highway 407 East Completion) owing to the scope,
magnitude and complexity of the undertaking. An Individual EA allows the proponent to:
1. Custom design the EA Terms of Reference to suit the needs of the undertaking. study area,
existing conditions and public expectations. The resulting EA ToR become, in effect. the
instruction manual on how to conduct this EA;
2. Coordinate provincial and federal EA requirements, which appears to have been effectively
done as described in ;3ection 1.2.3 of the ToR. This assumes that involved federal agencies
will "endorse" the ToR, as they have no approval authority. However, if any involved federal
agency. called a Responsible Authority. concludes that the ToR do not adequately reflect
federal information requirements, approval of the ToR by the Ontario Minister of the
Environment could be delayed.
4.1 Purpose of the Undertaking (Transportation Need & Justification)
The proponent of any EA must show there is a need for the proposed undertaking either now and/or
in the future. This is one of, if not the most crucial ~ A 'equirements.
Proving need for a transportation undertaking is usually a highly technical exercise. where existing
traffic volumes and/or future volumes generated by planned growth and distribution of population
and employment are compared against the existing transportation system capacity to serve these
volumes safely and efficiently using transportation industry standards. When traffic volumes
approach or exceed the planning capacity of the existing transportation infrastructure, the resulting
congestion can establish need for action based on social, economic and environmental reasons. In
reviewing the EA ToR supporting document entitled Transportation Planning/Need Report, the
following observation were made:
1. Data Sources: The transportation problems in the Durham Region area appear to be well
developed in the ToR and Transportation Planning/Need Report, and the quality of the demand \,
forecasting approach appears reasonable based on a simple Fratar extrapolation of existing
travel patterns. More reference to data sources would help in understanding how and why
certain growth assumptions and conclusions have been made. For example, much of the
population and employment data is preliminary, taken from the current Region of Durham
Official Plan Review. Owing to the importance of the undertaking. it would seem appropriate to
ensure that formal, approved 9rowth forecasts are being used to establish need.
2. Policy Foundation: Transportation problems and alternatives reported in the ToR and Need
Report also refer to the Region's Draft Transportation Master Plan, dated November 2001.
Since this Master Plan is still in draft form. it has not been approved by the Region to direct
transportation planning policies.
6991,)71
June 23, 2003
Page 4
1St GROUP
June 23, 2003
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
3. Alternative Growth Scenarios: Information sources are available that provide alternative
visions of possible GTA and Durham Region growth potential, for example being developed by
the Neptis Foundation in their Toronto-Related Region Futures Study. These sources, also
including the province's new Srnart Growth initiative entitled Shape the Future could be used as
a sensitivity test to determine how the need for transportation system improvements in Durham
might change, fpr example with a reduction in commuting volumes if Durham/Clarington
employment matures to a point where the need for commuting is reduced.
One important question with respect to Durham is'fue jobs/worker balance and a reduced
dependence on Toronto as a source of employment for their labour force. Given Smart Growth
directions, we see no indication in the ToR of future travel self-containment in Durham Region
that could affect future transportation system needs, although it could be found in the current
Regional Official Plan work.
4. High TDM Expectations: The ToR problem statement is also based on two significant
transportation planning goals, both of which are expected to be extremely difficult to achieve by
2031 in the context of Durham Region, namely that auto ridership will be reduced by 15%, and
that transit will carry 15% of daily trips compared to 8% now (this represents almost a
quadrupling of ridership). Although many municipalities are setting these types of aggressive
transportation goals, others are beginning to ask if they are achievable in light of more auto
dominance trends. The issue here for the ToR is whether it should assume these types of
travel ctlanges without considering alternative scenarios, once again as a sensitivity test.
5. Traffic Origin-Destination: Even with these aggressive planning targets on which the problem
statement is based, the ToR and Need Report still identify some very high volume/capacity
deficiencies in the east-west direction through Durham. It would be helpful to see some traffic
origin-destination (a-D) growth projections used to assess future trip distribution. The reports
rely almost exclusively on screenline analyses, but more link-specific analysis could be helpful
given the magnitude of the undertaking being considered. Also, 0-0 data would show how
much of the growth across the screen line is long-distance travel, how much is local and where
is it going. It would help to answer whether Highway 407 traffic is moving from Durham to York
or is it just going to Toronto via a different route, whicn has other problems such as Highway
404 congestion. Perhaps there is a more technical background report available than the
Transportation Planning/Need Report.
6. Area Operational Impacts: In considering whether there is a 30 year need to extend 407 East
Completion to Highway 35/115, the ToR admits that terminating the Highway at Brock Road in
Pickering has created "severe recurring congestion and operational concerns on Highway 7,
Brock Road, Taunton Road and Winchester Roarf'. As a result, the ToR should more
specifically require that in evaluating any alternative routes or phasing schemes that do not
include the planned East Durham link, associated operational traffic impacts on the area
roadway network resulting from this termination must be considered.
\,
7. 401 Widening Alternative: One obvious alternative to any Highway 407 east completion would
be to widen Hi9hway 401 east of Brock Road. The Transportation Planning/Need Report (page
14) does note that "Widening Highway 401 to a core-collector system through Oshawa has
been reviewed by MTO but has not been recommended due to the resultant extensive impacts
to adjacent development ... 'J. We do not question this conclusion. but owing to the scale of the
proposed Highway 407 undertaking, we suggest that more justification is needed on screening
out the Highway 401 widening option.
699072
Page 5
161 GROUP
June 23. 2003
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
4.2 Planning Alternatives
We would concur that based on the problem statement. and the goals and objectives set for the
ToR, retention of only the Combined planning alternative would appear the most appropriate
approach. This allows the Combined alternative to present the structural benefits of added east-
west road and transit capacity in the provincial, regional and municipal systems, with added benefits
from improved Transportation Demand Management.
Support for the Combined alternative also recognizes .that the overall purpose of the Highway 407
East Completion undertaking is to solve transportation problems, so most of the transportation
goals and objectives reported in Section 3.1.2 of the ToR focus on transportation service indicators
such as Level-Of-Service. accessibility and related growth policies. It is correct to screen out from
consideration any alternative in a transporta~ion-related EA that does not adequately address the
establish transportation problem andlor opportunity, with the following two qualifiers:
1. In describing the Preferred Planning Alternative in Section 3.2, we again caution the sensitivity
of assuming the 15% transit Mode split and 15% auto use reduction without considering the
implications of not reaching these goals.
2. Perhaps the most important statement in the ToR occurs at the top of page 34 where it states "A
review and assessment of the identified problems and opportunities has confirmed that new
provincial highway/transitway (Highway 407 East Completion) capacity is required in Durham
Region as one component of the Combined alternative. The need for two freeway links has
also been confirmed...the Highway 407 East Completion project to be carried forward to the
Route Location/Concept Design Individual Environmental Assessment". It is important to note
that based on this statement, the option of not extending Highway 407 is no longer in question
as an alternative in the ToR or EA study. Owing to this statement, the EA will focus on how far
to extend it, along what route, when, at what cost and with what mitigation of impacts.
4.3 Study Area Description
The need for Highway 407 Extension east from the East Durham Link to Highway 35/115 is less
definite in the ToR owing to excess east-west capacity in this section on an average weekday basis,
although weekend and summer volumes can bring Highway 401 over capacity. This is an important
conclusion because:
1. The ToR then sets a way of separating the study area east and west of the East Durham Link to
assess each area at a different scope of investigation. As previously shown on Exhibit 1, Study
Area Segment 1 will only evaluate refinements to the Previously Recommended Route within
plus or minus 100 metres. Study Area Segment 2 will examine a wider extent of routing
alternatives based on MTO commitments made regarding these areas. East of the East
Durham Link area, a much broader evaluation area is proposed extending to Highway 35/115 in
this area, (Study Area Segment 3). more structural and TDM alternatives are also being left for
further consideration.
\,
2. This split-segment approach could possibly allow the EA to recommend a final design that does
not extend east of the East Durham Link.
6991)73
Page 6
, '
lB.! GROUP
June 23, 2003
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
4.4 Route Refinement Alternatives - Generation and Evaluation
Process (Study Area Segment 1)
The Reasoned Argument (Trade-Off) Method is commonly used in comparative evaluations of
alternatives, and is very effective in describing strengths and weaknesses by using a consistent set
of decision rules that are documented in the background reports. It is important to note that:
1. In an EA. the evaluation process focuses o~ "Nef"impacts of an alternative. which is the
impact left once all appropriate mitigation is implemented. For example, it is possible that a
direct fisheries impact can be negated by habitat improvernent mitigation to result in a zero net
impact.
, ,.
2. The Arithmetic Evaluation Component provides a way of taking the descriptive Reasoned
Arguments and break them down to numerical values to show best compared to worst. The
advantage of this methodolo~y is that when it uses quantitative data such as counts.
measurements and other data sources. the objectivity of the evaluation process is enhanced.
The challenge here is in setting the weighting to reflect the level of important of each
evaluation criteria, unless the approach is to assume all criterion are equal. This is usually
done by the proponent with direct public and stakeholder input on suggested weightings, which
is being proposed in this EA.
3. The four environmental components listed on page 51 are typically used in EA evaluations.
Note that the natural environment includes air quality.
4.5 Route Alternatives Generation and Evaluation Process (Study
Area Segment 2)
Unlike Study Area Segment 1 where the alternative routes are relatively well defined within a 100m
wide corridor, the Segment 2 area will undergo a more rigorous examination of various routes
especially involving the East Durham link as requested by the Municipality of Clarington. These
routes will be generated based on the screening criteria and guidelines (Decision Rules) listed on
page 52 of the ToR. Note that the ToR says Guideline b) to tie into the existing Highway 35/.115
interchange is "not a requirement". Other important observations include (see Section 5 for
further observations on the evaluation methodology being recommended in the ToR):
1. Routes in Segment 2 will also be generated using the Route Generation Criteria in Table 6.1.
The descriptive wording of these criteria appears to leave a great deal of flexibility in selecting
candidate routes, such as "minimize", "avoid where possible" and "maximize". There is no use
of more restrictive criteria using "will nof' or "do not".
I>
2. The Evaluation Factors. Criteria and Indicators listed in Table 6.2 will be used in the evaluation
of alternative routes in Segment 2 and form the basis for initial screening-out of alternatives that
are obviously unsuitable either technically or environmentally. They will also be used to select
the preferred alternative, and although they suffice for pre-screening of unviable alternatives,
the criteria may not be completely adequate and appropriate for comparing alternative route
impacts. For this, there needs to be an additional process similar to that used in other major
EAs with descriptive tables or reports outlining potential impacts of each alternative on each
feature, potential mitigation, and net impacts. This will allow for an objective comparison of
alternatives be completed.
699Cl74
Page 7
IBI GROUP
June 23, 2003
, ,
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
3. Although application of these indicators and criteria are purported to be an analysis of impacts,
they are more an enumeration of features along the routes without providing any (or minimal)
information on the quality of features and whether they will be affected.
For example, criteria under fisheries and aquatic habitat are number of cold or warm water
watercourse crossings and number of watercourses crossed with potential to support significant
species. This does not take into account potential mitigation or size of the watercourse. Most
watercourse crossings may be accomplished with little to no impact on fisheries, but in some
cases there will be the need to realign streams or l1{lve a pier placed in them.
4. Even at the coarse level of screening, there should be some crude assessment of impacts on
fisheries (see Section 5 for further recommendations). It would help even if crossings were
split into those where only BMPs are likely required, where mitigation may be necessary, and
where compensation willlikely.be necessary. Although this may be useful when comparing
overall routes. it is not particularly useful when comparing alternative crossings over the same
watercourse.
4.6 Transportation Alternatives Generation and Evaluation Process
(Study Area segment 3)
Segment 3 east of the East Durham Link differs from the first two segments in that all options are
being retained for consideration and evaluation, including the Do Nothing option. At this point this
leaves a high degree of uncertainty about the future of provincial transportation improvements
between the East Link and Highway 35/115. It is hoped that the EA study will conclude with a
definitive plan for this Segment, or the cloud of highway development will remain.
4.7 Concept Design
Technical factors to be included as part of the route evaluation are introduced here, and will
influence the engineering feasibility analyses and cost estimation. Design criteria set for the routes,
such as horizontal and vertical alignments will influence how they respond to environmental
opportunities and constraints, while other criteria such as posted speed will influence social and
technical impacts such as noise and emergency response.
As stated in the Technical Work Plan, MTO design standards are understandably not subject to
modification or compromise to avoid or reduce freeway construction impacts or costs.
4.8 Cumulative Effects
"
Considering that cumulative effects are such an important component of the federal EA process,
two observations are noted:
1. The question arises as to whether the narrow study area "corridor" in Segment 2 and especially
Segment 1 will be sufficient to measure and understand potential cumulative effects of highway
construction and operation. A large regional area may be required to accomplish this level of
assessment.
2. The ToR states that the cumulative effects assessment will only be carried out for the preferred
alternative, which is standard practice in the EA process. However, as noted previously, the
question is whether this can be done on a corridor vs. a regional basis. unless the intent of the
ToR is to have the regional scale assessment done. If this is the case. the scope of the
,
regional cumulative effects assessment should be defined.
699075
Page 8
IBI'GROUP
June 23, 2003
Municipality of Clarington
PEER REVIEW
HIGHWAY 407 EAST COMPLETION
4.9 Monitoring and Activities Following EA Approval
1. A statement could be added to the ToR to further describe what procedures will be followed to
ensure compliance with the ToR during the EA process should there be a change in the
proponent. This recommendation anticipates the possibility that at some time prior to or during
the EA preparation, the proponent may change from MTO to the private sector.
2. Similarly, a second statement could be added on how the proponent (MTO or private) will
ensure, through compliance monitoring, that ihe specific conditions of the EA are met. This
statement could also be added to Section 11 on Activities Following Approval of the EA. Since
a private sector venture would have to obtain the same compliance approvals to construct,
operate and maintain the Highway 7 East Completion as the public sector. such compliance is
not seen as an issue.
5. OBSERVATIONS ON ,EVALUATING THE NATURAL ENVIRONMENT
5.1 Proposed EVClluation Approach
The ToR provides an introduction to the undertaking and the legislation that applies to it.
Alternatives to the undertaking are described and the preferred planning alternative is presented,
relying on information provided in the Transportation Planning/Need Report.
The ToR and Natural Environment Work' Plan (NEWP) provide an overview of legislation and
policies that are relevant to the planning process. They acknowledge that the undertaking will
subject to the provisions of the Canadian Environmental Assessment Act (CEM). outline the key
policies associated with the Provincial Policy Statement (PPS), and state that the Oak Ridges
Moraine Conservation Plan should taken into account where applicable.
The study area is broken into three segments, each with different planning processes under the
Environmental Assessment (EA) Act based on how far through the process the segment was taken
during earlier planning studies. A general overview of the environment and how it may be affected
by the undertaking is given for each segment.
As a result of previous EA work, the TOR concludes that one planning alternative to the undertaking
will be evaluated in the EA study, namely the Combined Alternative. The combined alternative is a
balance of infrastructure improvements with transportation demand improvements. One component
of the combined alternative is completion of the eastern end of Highway 407.
A series of criteria have been developed to aid in generating route alternatives (Table 6.1 in the
ToR). These contain a series of objectives designed to minimize impacts on the natural
environment, socio-economic environment, and cultural environment. In addition, alternatives had
to meet certain technical considerations. Table 6.1 may also be used at a coarse scale to pre-
screen alternatives and eliminate those that are technically unsuitable or have significant
environmental impacts prior to the detailed evaluation process.
\;,
Route alternatives will be further refined and evaluated in the EA study. The evaluation will be a
two-step process, with the reasoned argument or trade-off method being the primary method. This
is a discussion on the differences in net impacts of the various alternatives and a discussion of the
relative advantages and disadvantages of each. A secondary method of evaluation will be
arithmetic where each evaluation factor is given a weight and the magnitude of impacts is ascribed
a score to result in a numerical total. If results from the two evaluation methods differ, the
components that disagree will be re-examined.
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A series of indicators for evaluating impacts was prepared and is presented in Table 6.2 of the ToR.
The table identifies key criteria for each component of the environment and technical
considerations. For each criterion, there are one to several indicators. data sources are identified,
and measures of impacts are summarized. For example, under the natural environment, there are 9
criteria with 26 indicators and 32 measures of impacts.
Application of the indicators in Table 6.2 is used to determine and evaluate relative impacts of route
alternatives. Based on this evaluation, a preferred alternative will be selected.
According to the ToR, the selection of a preferred alternative is accomplished by applying the
criteria. indicators. and measures in Table 6.2 and evaluating them. For the most part. existing
information is used to complete the evaluation and additional field data are collected primarily when
there are gaps in information. Table 6.2 does state that some field assessment of habitat types,
, ,
verification of natural features boundaries. and inventories will be undertaken.
The NEWP further states that secondary information is generally inadequate to understand
potential impacts and recommends more detailed fieldwork prior to the analysis and evaluation of
route alternatives. including:
. Ecological Land Classification
. botanical surveys
. breeding bird surveys
. breeding amphibian surveys
. aquatic inventories
. check for significant species
. verify boundaries of significant areas. and
. verify characteristics of recharge and discharge areas.
5.1.1 OBSERVATIONS ON PROPOSED EVALUATION APPROACH
1. The level of effort suggested for natural environment inventories is generally acceptable.
Although it is stated that botanical surveys will be undertaken, the number of times this will be
done is not specified. Generally. three seasons are required to adequately cover the entire
flowering season. Some winter fieldwork may be required to verify deer wintering areas and
possibly wild turkey wintering sites.
2. In some areas, especially in Study Area Segment 1. the study area may be too confined and
insufficient to detect downstream impacts. impacts on wildlife corridors, or cumulative effects.
\,
3. It is uncertain if the detailed inventories will be completed prior to selecting a preferred
alternative route. or during the concept design stage. The approach suggested in the NEWP is
more appropriate, but it may be a simple matter of the language in the ToR not being clear
enough about what inventory work will be undertaken in the preferred alternative selection
process.
4. Whether detailed inventories are undertaken or not, impacts are assessed using the indicators
and measures in Table 6.2 of the ToR.
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5. In phases after selection of the preferred alternative, additional inventories are completed
during the Concept Design Stage. This more detailed information is used to select a preferred
design and to identify required mitigation measures.
5.2 Source and Use of Background Information
The sources of background information listed for the natural environment component are holistic
and cover those documents that would normally be reviewed in a study of this nature.
It is uncertain how some of the information will be used, and it appears as though some of it will not
be used to its fullest extent. Examples are information that will be collected relative to Provincially
Significant Wetlands (PSWs). Environmentally Significant Areas (ESAs), and Areas of Natural and
Scientific Interest (ANSls).
Documentation for these features typically includes information on habitat and special features and
functions. and it does not appear that the evaluation process takes this information into account.
The evaluation process looks only at the area of wetland that will be affected and degree of
severance of ESAs and ANSls. This approach does not take into account the varying quality of
these features and the different relative impacts that a highway may have on them.
For example, there are four general types of wetlands (bogs. fens. swamps, and marshes). and
they vary considerably in their sensitivity to disturbance. Bogs and fens may be completely
destroyed or converted to other habitat types if changes are made to water quality or quantity within
their watersheds. On the other hand, removal of thicket swamps may have relatively low impact
even if they are part of a PSW complex. As the indicators and measures are proposed for the
evaluation of alternatives, crossing 10m of a bog would be considered less harmful than crossing
20 m of a thicket swamp, although the opposite would probably be true.
ESAs and ANSls are typically designated because they support significant features and functions,
and these are usually documented in a report.
Conclusion: The measure of impacts on Indicators #24 and #25 on Table 6.2 should be the impact
of an alternative on these features and functions and not what distance of the feature the highway
will cross.
Loss of wildlife habitat is another indicator where the measure does not take quality of habitat into
account. The measure is simply amount of wildlife habitat removed by the alignment. and wildlife
habitat is defined as forested vegetation. non-forested successional vegetation. and core areas. It
appears as though loss of 1 ha of forest. old field. and core area would be rated equally, although
these may vary considerably in their value to wildlife. ,.
Conclusion: This evaluation approach for Wildlife on Table 6.2 does not actually consider the
wildlife species or guild of species that may be affected and what level of impact on them is
anticipated.
Similarly. the measure of impact on rare or VTE wildlife species is the number of areas supporting
such species that are crossed or approached by the alignment. Impact on these species should
take into account their habitat requirements and their sensitivity to disturbance, and the impact
analysis should be done on a species basis. For example. instead of simply stating that this
alternative has the potential to affect 5 patches with VTEs versus 4 patches on another alternative.
the impact analysis should estimate impacts on the individual species within those patches. Some
species may be very sensitive to ~he impacts of constructing and operating a highway even if
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considerable suitable habitat remains. Others may persist even if only a small portion of habitat
remains.
Conclusion: The measure for Indicator #23 presented in Table 6.2 is not an adequate estimate of
impact on VTE species.
5.3 Conformity to MTO EA Requirements
Generally, the ToR and its supporting documents conform to the MTO EA requirements.
5.4 Potential Evaluation Risks
, ,.
The greatest implication of the proposed evaluation process described in the ToR and NEWP is that
the impact assessment is based on measures and indicators that have a high potential of giving a
false assessment of the true impacts. The measures and indicators are more an enumeration of
features and functions that may be affected. and do not take into account the quality of features
affected or relative severity of impacts. As an example, relative impacts of alternatives on fish
habitat may be assessed by the number of watercourse crossings along the route. This does not
take into account the fact'that many crossings may be achieved without impacts, while others may
require some mitigation. and others may result in loss of fish habitat that necessitates
compensation. In summary, the process does not identify net impacts of each alternative so that
they may be objectively assessed.
5.5 Alternative Approaches
Generally, the planning process is sound with the largest potential weakness being in the way that
impacts are assessad during the evaluation of alternatives, as previously described in Sections 5.2
and SA. Opportunities for improving impact assessment are provided below:
1. Tables 6.1 and 6.2 in the ToR are best suited for screening out alternatives at a coarse level to
eliminate those that are likely to have severe environmental impacts, as well as those that do
not perform well technically. Even at this level of planning, some of the measures may be of
questionable value in providing some indication of the extent of potential impacts.
An example is the number of stream crossings, which are subdivided into number of coldwater
and warmwater crossings. When analyzing impacts. it is typically assumed that coldwater
streams are more sensitive and a crossing of a cold water stream may receive a higher
weighting in the scoring system.
\,
Impacts on fish habitat due to stream crossings are variable and, in most cases. independent of
the water temperature regime of the watercourse. A high proportion of crossings may be made
without having any impacts on fish habitat provided that Best Management Practices (BMPA)
are followed during construction and design is such that water from the highway does not run
directly into the stream. In other cases. there is temporary disturbance to the stream during
construction that requires mitigation. At the upper end of impacts are crossings that result in
loss of fish habitat due to placement of a pier in the water, etc.
In the current evaluation system, all crossings are considered equal. With a minimum of work,
it would be possible to put crossings into three broad categories (requiring BMPs, requiring
mitigation. and requiring compensation). It would be more useful in comparing alternatives to
know how many crossings arl'llikely to require mitigation and compensation than a simple count
of the number of crossings.
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2. The type of crossing also affects other measures of impacts on fish habitat. such as presence
of VTE species and migratory runs of fish. These two parameters become irrelevant if the
crossing can be completed without affecting fish habitat.
3. It is recommended that a third set of evaluation criteria be developed that deals with the net
impacts of each alternative. These impacts should be applied once the detailed inventories laid
out in the NEWP have been completed. This table should identify the key features and
functions along each route (under the main criteria). identify potential impacts on these and
mitigation measures that might be applied. then assess net impacts. Then net impacts for each
alternative could be compared for each of the criteria.
4. Owing to the size of the study areas, importance and scope of the evaluation process, its
influence on selecting preferred routes and design concept, and the need to effectively report
, ,.
this information to agencies. stakeholders and the public. it is recommended that the
assessment of impacts could be done in report form rather than tabular form. This will provide
more information in a more understandabie format.
5.6 Improving the Correlation Among Criteria
Another issue affected the proposed evaluation process in the ToR is to ensure a high correlation
among the criteria in the natural environment component. Due to the different mandates of various
agencies dealing with the natural environment. a single patch of land may have several
designations, and these designations have different policies attached to them. Therefore, these
designations cannot be ignored in an EA process. but they sometimes differ. This issue must be
dealt with in all environmental studies; and will not be unique to the Highway 407 East Completion
EA
The correlation problem stems from the fact that a single patch of land may be a PSW, ESA, and
ANSI. Therefore, it is likely to be evaluated under at least three criteria. In addition, there will
undoubtedly be measures regarding area of woodland removed. area of wildlife habitat affected,
and probably rare or VTE species. Within the same patch, there may also be impacts on fish habitat
and surface and groundwater habitat.
This inter-relationship among natural features pose problems when comparing advantages and
disadvantages of alternatives. With multiple sCOiing for a single impact, it is difficult to assess the
overall impact and compare it to another alternative. This is especially problematic with the
arithmetic evaluation technique as scores become inflated with each criterion that an individual
impact scores on. The Significant Wildlife Habitat Technical Guide recommends that the arithmetic
method not be used in situations where there is high correlation among criteria to avoid this inflation
or double-counting of impacts. It is less of a problem in the reasoned argument approach, as the -,
correlations can be explained.
This is an inherent problem to essentially all environmental studies, but it appears to apply almost
solely to the natural environment component. There are three potential methods of dealing with it:
1. Change the Criteria and Evaluation System - The criteria could be modified so that
designations were not part of the evaluation. The evaluation criteria could be as simple as
impacts on surface and ground water quality and quantity, fish habitat, vegetation, wildlife,
wetlands, and air quality. Designations and special spaces could either be ignored in the
evaluation process. but discussed later under policy implications, or moved to the social
environment. There would still be overlap in criteria. as loss of vegetation would also be loss of
wildlife habitat (and possibly \Vetlands). but there would be less redundancy and double-
counting.
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2. Evaluate Impacts on a Feature by Feature Basis - For the terrestrial biology components. the
evaluation couid be a summary of impacts on a patch by patch basis. For each vegetation
patch that an alternative route traverses or is within 50 m. a summary of net irnpacts could be
prepared. This could be a table for each patch indicating potential impacts, possible mitigation,
and net impacts on the main features and functions of that patch. This would cover wetland
habitats. upland vegetation communities. and plant and wildlife species, including significant
species and features. For each alternative, a summary table would explain the expected net
impacts of the overall route.
Although this may seem onerous, it rnay actually be less work than using the criteria as
presented. Impacts on a single feature may have to be evaluated several times in the proposed
evaluation process (ToR Table 6.2). Evaluating impacts for each patch eliminates biases due
to multiple counting and is much easier for the public to understand. Information will also be
, ,
available site by site. that will be useful during public participation and in later phases of the
work. This method may also eliminate or reduce the need for weighting and scoring
alternatives. It provides an objective summary of probable net impacts for each alternative that
may be compared to others. '
3. Retain the Existing J;:valuation Framework, but give Designations a Low Ranking - The
primary advantage ofthis method is that the evaluation framework described in the ToR has
been used in many other EAs by MTO and municipalities, and has been found acceptable in
past. However. one outcome of downgrading the ranking for designations is that the public and
agencies usually accord high value to them. This suggests that they may. in some cases, be
better in the social environment section of the EA.
Strictly from the perspective of clearly understanding the impacts on the natural environment, the
second method explained above is best. However, it may not be viable if it appears that a different
process is being followed for one component of the EA than others. Nonetheless. overall results
could be summarized in a fashion so that they fell within the criteria and measures outlined within
the ToR.
It is suggested that consideration be given to moving only the criteria on designated areas (PSWs.
ESAs. and ANSls) and special spaces (Oak Ridges Moraine, Iroquois Shoreline. Conservation
Areas, etc.) to the social environment component. Generally, these are more correctly called policy
areas as opposed to natural environment features and functions.
5.7 Natural Environment Summary
1. Overall, the framework for evaluating alternative routes for the Highway 407 East Completion is
good except for two components. One is the inventory process and the other is the evaluation \.
process.
2. The inventory process itself is acceptable. but it is uncertain when the more detailed inventory
is actually proposed for completion. It should be completed before the detailed evaluation of
alternatives and selection of the preferred alternative. There seems to be some disparity
between the ToR and the NEWP on when the inventory will actually be completed.
3. As presented, the evaluation process does not allow the results of the inventories to be used in
the analysis. Unless an additional framework is developed that takes into account quality of
features and net impacts on them, the process may not objectively compare impacts among
alternatives. If the final analysis is simply number of stream crossings. length of features
crossed, etc.. then there is litlle use in conducting the detailed inventory as it will have limited
relevance to the final evaluation of alternatives.
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4. One problem inherent to all EAs is the overlap and high correlation among natural environment
features. It would help this overlap somewhat if criteria on designated areas and special
spaces were moved from the natural environment to the social environment category since they
deal with policy designations.
5.8 Cumulative Effects Work Plan
As an important component of the proposed EA, the Cumulative Effects Work Plan was reviewed
predominately from the natural environment pers'pective, with the conclusion that MTO has done a
good job of dealing with this difficult subject. From a natural environment perspective. it may be
useful to examine cumulative effect thresholds because in some cases, the addition of one more
disturbance may result in a large impact much greater than in other cases.
Three possible examples of thresholds that might be examined in the Cumulative Effects Work Plan
are impacts on area-sensitive breeding birds, impacts on birds dependent on regional abundqnce of
habitat, and increases in imperviousness in watersheds.
1. Area-sensitive breeding birds require habitat patches of a given size before they will use it. A
highway could remove a small portion of habitat and not directly affect the areas where the
species occurs. But if the habitat patch falls below the species' minimum size requirement, the
entire area may become unsuitable habitat.
2. Certain breeding birds may incorporate a number of patches into their home ranges, or their
distribution may be dictated by the amount of habitat within a 2- to 5-km radius of their nest site.
Reduction in the amount of regional habitat may result in tha loss of a species even if no
patches where it was present were directly affected.
3. The percentage of surface in a watershed that is impervious affects the quality of watercourses.
Once imperviousness levels increase to certain thresholds, streams initially lose their ability to
support coldwater species. As imperviousness increases, stream morphology degrades until it
becomes unstable. Thus a highway has the potential to affect stream quality. even without any
crossings ofthe stream.
6. CONSULTATION
According to the ToR, the next round of consultation will be to present the Draft ToR and
Transportation Planning/Need Report for public, stakeholder and agency input. MTO has this
process documented in the External Consultation background report. and we find no omissions in
this plan.
"
However, we strongly recommend that in consideration of the proposed project magnitude and
impact, the absence of scheduling pressures and the fact that the 3D-day pre-submission review
period is occurring during the June/July summer vacation period, the length of this review period is
inadequate and should be extended.
7. OTHER OBSERVATIONS
The following are Peer Review observations on four additional issues identified by the Community
Advisory Committee regarding the EA ToR and Transportation Planning/Need Report.
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7.1 Toll vs. No-Toll Impacts
According to the Transportation Planning/Need Report, it focuses on the need for new highway
infrastructure, not implementation strategies. Therefore, the EA ToR and Need Report are based
on the concept of a publicly funded facility with no direct user costs. In this situation, we suggest
that how the project is implemented, with tolls versus no toll, will have an impact on the use and
therefore the impacts of the undertaking.
The Needs Report does state that toll scenarios have tieen tested to determine the effects of tolls
on the forecasted demands for Highway 407, and whether the facility would be able to address
network deficiencies, regardless of the final decision on tolling. The report includes an example of
this comparison (Table D-7) where 2031 AM Peak Hour/Peak Direction traffic forecasts are listed
for section of the 407 East Completion between Brock Road and the planned East Durham Link.
The report concludes that although the volumes with tolls are consistently less on the Highway 407
East Completion and links than without tolls, in some sections as much as 60% less on the West
Durham Link section, volumes wou'ld reach a level that would benefit the system performance while
still addressing the system deficiency.
While we do not question this conclusion, the question of how the toll scenarios would impact on
the Regional and local roadway network is not being addressed by the. draft ToR. Using the
existing Highway 407 toll facility as an example, traffic volumes have grown consistently as each
new section of the highway has been opened. but has not reached the volume experienced on the
first section when opened in 1997 without tolls.
The conclusion here is that since volumes on a toll extension are expected to be lower that an MTO
no toll extension, the EA study should include a sensitivity test, or expand on the tests conducted as
part of the Transportation Planning/Need Report. to describe the impacts of this difference on the
Regional and local roadway network.
7.2 Induced Travel Demand
Concern exists that the planned Highway 407 extension will induce more travel on regional and
municipal roads in Clarington to and from Highway 407. with associated socio-environmental
impacts and that this is not addressed in the EA ToR. In response, the increased east-west
capacity provided by the Highway is also expected to divert traffic off some regional and municipal
roads and improve conditions, but would agree that this type of potential "area traffic Impact" should
be addressed in the ToR, and more emphasis should be placed on these area assessments in the
EA.
7.3 East Segment 3 Alignment
\,
Concerns have been noted that any potential Highway alignment within Study Area Segment 3
between the East Durham Link and Highway 35/115 will be located too far south and quickly
encroached by urban development. It has been suggested that the north boundary of Segment 3
should follow a more northerly alignment into the moraine rather than divert south to the Court ice
Road area.
This issue appears to involve how the alignment and study areas relate to the urban and rural
envelopes in Clarington. Also. we expect MTO to be concerned about the possible mitigation costs
associated with any highway alignment within the moraine. and this has influenced the setting of the
Study Area Segment 2 and 3 bOUfldaries. This screening is possible in the EA process where
alternatives are not considered to be ""feasible" and "reasonable". If in fact a highway location
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within the moraine is technically "feasible". even considering all the environmental constraints and
impacts. then an argument could be made that such alignments should be retained in the EA ToR,
and the north boundary of Study Area Segment 3moved north to align with the north edge of
Segment 2_ If MTO andlor the Municipality believe that any alignment within the moraine is in fact
not feasible and reasonable, then the rationale for setting the north boundary of Segment 3 should
be documented in the ToR
7.4 Economic Impact Assessmen;t
The need for the Highway 407 East Completion is based in large part on the economic
development opportunities provided by this facility, including increase commercial goods movement
capacity. service to designated growth areas and tourism support While these opportunities are
recognized in the Durham Region municipalities west of Clarington, the impacts on Clarington itself
may not be as significant, but this reliance on economic development is not reflected in the ToR
The proposed evaluation methodOllogy for the EA includes a limited number of general economic
impact criterion, including 1) capability to stimulate developm<ont, and 2) effects of approved private
development proposals_ Short of conducting extensive economic impact and costJbenefit studies of
the 407 completion, addi~onal and more specific economic impact criterion may be advisable_
,.
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Attachment # 2
Clarington Highway 407 Community Advisory Committee
Recommendations to Clarington Council on the
Draft EA Terms of Reference for the
Highway 407 East Completion
1. Scope of the Environmental Assessment
EAs must address such matters as the purpose and rationale for an undertaking,
alternatives to and alternatives methods, a description of potential environmental effects
of the project and the measures necessary to mitigate these effects.
CAC Comments
The EA for the Highway 407 East Completion should proceed as an EA under all
the provisions of Section 6 (1) (2) of the Environmental Assessment Act.
There are many issues that need to be addressed in the new EA that were not
contemplated in previous studies. These issues, as discussed below, have a significant
effect on the needs discussion that cannot be properly addressed in a focused EA.
. The project description must identify the highway as a private or public facility with
or without tolls which would affect the discussion of the following issues:
o analysis of the utility of the highway
o connectivity to and function within the rest of the transportation network
o how effectively traffic will be diverted off of local and regional roads and
Highways 401 and 35/115
o whether existing expropriation legislation is the appropriate tool to be used to
acquire property if the highway is privately owned
o social issues related to access and affordability if the highway is a privately
owned toll rGad.
. The problem statement given in the draft Terms of Reference is neither complete or
accurate. The Needs Study states that Highway 407 is required to solve traffic
congestion problems in Durham Region. However, congestion is a symptom of the
underlying problem, not the problem itself. Land use patterns, Iive/workltravel
choices are the source of most trips causing the congestion, There has been no
evidence provided that building the highway will solve the causes of congestion. In
Clarington Highway 407 Community At~q;vlfBjittee - August 5, 2003
1
fact, highways can actually exacerbate the problem because they are recognized as
one of the key drivers of urban development patterns.
2. Data Used in Needs Analvsis
The draft Terms of Reference rely on a number of data sources to substantiate the
transportation problems in Durham Region. Data sources include the Region's draft
Transportation Master Plan, and population and employment forecasts from the current
Region of Durham Official Plan Review.
CAC Comments
The draft Terms of Reference should provide a more complete reference to data
sources used in the needs analysis and refer to a broader range of data sources to
substantiate the analysis.
The needs analysis is one of the most critical components of any EA. Therefore, the data
used in the analysis and the actual method of analyzing the data must be able to
withstand rigorous scrutiny. The following comments are being raised with respect to
the data used in the draft Terms of Reference:
· How do the data sources referenced in the Terms of Reference tie into the
context of the Central Zone's master transportation plan?
. Sources for the traffic, population and employment data used in the needs
analysis should be more clearly identified. This would confirm that the data is
sufficiently accurate and current for the needs analysis and would assist in
understanding how and why certain growth assumptions and conclusions have
been made.
. The needs analysis should not rely on data sources that have not been
approved - ego the draft Durham Transportation Master Plan and the Durham
Region Official Plan Review - given the significance of the data analysis to the
overall determination of need.
. Other information sources that provide alternative predictions for GTA and
Durham Region growth potential should also be referred to as a way to test the
credibility of the traffic projections in the needs analysis.
Clarington Highway 407 Community Advisory Committee - August 5, 2003
2
699L186
. Future trip distribution should be determined through the use of origin -
destination (0-0) data rather than screenline analyses. 0-0 data would give a
better indication of existing and future travel patterns within in and through
Durham Region and the area municipalities.
3. Impact on Reaional and Local Roads
The draft Terms of Reference acknowledge the congestion and operational concerns that
have been created on local and regional roads in Pickering as the result of terminating
Highway 407 at Brock Road.
CAC Comments
The draft Terms of Reference must require that the potential impact on the
operational characteristics of area roads and the financial burden on municipal
taxpayers to pay for necessary road improvements be considered when alternative
routes and phasing schemes for the East Durham Link and Study Segment 3 are
evaluated.
The Pickering experience indicates that there could be significant traffic loading on local
and regional roads. The necessary improvements to regional and local roads to
accommodate this traffic will place an additional financial burden on municipal taxpayers.
Improvements could include intersection improvements, road widenings, and traffic.
calming measures such as speed bumps in affected hamlets. We need to have a
"termination plan" for where the highway ends, including during construction phases.
4. Economic Effects and Social Impacts
The draft Terms of Reference cite the need to promote economic development in
Durham Region as part of the rationale for the Highway 407 East Completion, while
noting the potential for negative social impacts on affected communities. Economic and
social issues will be discussed separately:
CAC Comments
a) Economic Effects - The economic argument put forward in the draft Terms
of Reference that the Highway 407 is needed to stimulate economic growth
Clarington Highway 407 Community Advisory Committee - August 5, 2003 3
69\)\O~
. I, " /
. .' '.' ..1
in Durham Region has not been substantiated. As well, the potential
negative economic effects of the highway have not been addressed.
The Needs Analysis must examine both the positive and negative effects that
Highway 407 will have on the Region's economy. The following Issues should be
addressed:
. The statements that Highway 407 is needed to support economic growth in
the Region must be supported by appropriate studies that would examine,
among other matters, the extent to which commercial truck traffic would use
the highway. This analysis is crucial because economic benefits are being
put forward as one of the primary arguments for extending the highway.
. The statement that Highway 407 is needed to service new growth areas to
the north such as Seaton, Brooklin and UOIT does not apply to Clarington,
where no northern growth areas are identified. The extension of Highway
407 through Clarington would only benefit other areas to the west without
providing any economic benefit to Clarington.
. The negative economic effects of the Highway 407 extension must also be
examined. These include:
o the potential impacts created by large commercial developments
attracted by the new highway on small local businesses and the business
cores of small villages, hamlets and historic downtowns.
o the potential impacts on agriculture, including fragmentation offarm
parcels, the loss of high quality agricultural land, and difficulties in moving
farm machinery. The potential impacts on the elimination of commercial
and industrial zoned lands
b) Socia/Impacts - The draft Terms of Reference must require that the EA fully
address all of the potential negative impacts of Highway 407 on C/arington's
social fabric.
There will be a significant negative effect on the character and safety of rural
communities near the highway due to increased traffic and speeding.
Clarington Highway 407 Community Advisory Committee - August 5, 2003 6 9 9 [) 8 8
4
The highway will also negatively affect the rural character of Clarington, with no
compensation to residents near the highway whose quality of life will be negatively
affected.
The highway will create a barrier to local traffic within the community due to road
closures, overpasses and detours.
5. Time Constraints for Providinq Comments
The period for submitting comments on the draft Terms of Reference runs from May 27 to
July 31, 2003.
CAC Comments
The comment period should be extended to the middle of September 2003 to allow
municipalities and the public sufficient time outside of the summer holiday period
to review the draft Terms of Reference and the Needs Study.
The main Terms of Reference document and the Needs Study were available for full
public release on May 6, 2003. However, these documents, which fonm the nucleus of
the draft Terms of Reference, were inexplicably not released to the public until May 27,
2003. This three week delay has resulted in the consultation period extending into the
summer holiday period, seriously compromising the ability of municipalities and the public
to thoroughly review the documents and submit their comments by July 31, 2003. Given
the magnitude of the proposed extension of Highway 407 and the potential impacts
associated with the project, as well as the unexplained delay in releasing the documents,
the current comment deadline cannot be considered as being consistent with a fair and
comprehensive consl:Jltation process and therefore should be extended.
6. Toll vs. No Toll Scenarios
The Planning/Need Report states that it is focused on infrastructure need and not
implementation strategies. Tolling scenarios indicate that tolls would result in less volume
on the highway and the Links.
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CAC Comments
The current EA Terms of Reference appear to be based on the premise that the
new highway and the Links will be publicly funded with no direct costs to highway
users. As such, assumptions about the highway's usefulness as an alternative to
Highway 401 and the impact on the regional and local road networks are brought
into question.
Whether or not Highway 407 and the Links are tolled will have a direct bearing on how
much traffic they will carry. It is misleading for the Terms of Reference to discount the
impact of tolls on the intended purpose of the highway, on the local and regional road
network, and on the communities affected by 407 -related traffic. This is particularly true
through Clarington where Highway 401 is at or over capacity only during limited periods.
The Terms of Reference should therefore require that the EA do a more comprehensive
analysis of the effect of tolling on the amount of both commercial and residential/
commuter traffic diverted from Highway 401 onto both Highway 407 and onto local and
regional roads.
7. Combined Alternative Solution
The Combined Alternative involves a variety of possible options to address transportation
problems in Durham Region, including improvements to transit and the regional road
system, and transportation demand management. Improvements to the provincial
highway system are possible under this Alternative, but the Terms of Reference also
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indicate that widening of Highway 401 through Oshawa is not feasible because of land
use constraints. The draft Terms of Reference indicate that this Alternative will be the
only one carried forward to the next stage of the EA.
CAC Comments
The success of the Combined Alternative is premised on infrastructure
improvements and land use policies that are beyond the control of the provincial
government - ego improvements to transit and the regional road system, as well as
transit-supportive land use and higher employment in Durham Region. The ability
of this alternative to be successfully implemented is questionable and the
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implications of not achieving the required targets must be fully addressed in the
EA.
The Combined Alternative is laudable in that it promotes transit improvements, transit-
supportive land use and greater employment in Durham Region to reduce the number of
residents who must commute out of the Region for work. However, it is dependent to a
great extent on the Region and the area municipalities committing both capital and
operating funds to improve their road and transit systems and to service employment
areas on a timeframe set by the provincial government. The Province in effect would be
undertaking transportation planning and setting capital budgets on behalf ofthe
municipalities. Achieving higher employment in Durham Region is also dependent on
many factors that are outside of the control of the Province and the municipalities.
The Terms of Reference indicate that the Combined Alternative would allow provincial
highway improvements to be considered. However, the Terms of Reference also state
that the widening of Highway 401 through Oshawa is not practical because of land use
constraints. It is not appropriate for the EA to so quickly dismiss widening Highway 401
as an alternative to extending Highway 407 through Clarington.
8. Study Area
The draft Terms of Reference define three separate study areas through Clarington:
. Study Area 1 which comprises a narrow band between Townline Road and
Langmaid Road where minor adjustments to the alignment of the Previously
Recommended Route are to be examined;
. Study Area 2 which consists of a much wider band for the East Durham Link to
allow a re-examination of route alternatives for the East Durham Link;
. Study Area 3 which is bounded by Study Area 2 and Highway 35/115 on the west
and east respectively, Highway 401 on the south, and the Previously
Recommended Route on the north. Within this segment, a variety of alternatives
will be examined.
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CAC Comments
The limited timeframe for reviewing the draft Terms of Reference does not allow for
a thorough examination of the appropriateness of the study area boundaries. This
is of particular concern in Clarington where three study segments have been
identified and Study Segment 3 provides for a wide range of options to be
reviewed.
The northern boundary of the areas to be studied in Clarington coincides with the
Previously Recommended Route identified in EA studies undertaken in the early 1990s.
This EA study was never submitted to nor approved by the Ministry of Environment;
therefore, the appropriateness of the Previously Recommended Route alignment has
been never confirmed. As such, the northern boundary of all three study areas through
Clarington should be re-examined and possibly moved north to the southern limit of the
Oak Ridges Moraine.
The draft Terms of Reference indicate that a number of alternatives are to be examined
in Study Area 3. If this analysis indicates that there is no need for Highway 407 to
connect to Highway 35/115, then the East Durham Link would no longer be required
because the Link would in fact become Highway 407. Under this scenario, possible
locations for connecting Highways 407 and 401 would not necessarily be confined to
Study Area 2. Placing the East Durham Link in Study Area 2 (where only route
alternatives will be evaluated) leads to a presupposition that the Link will in fact be built
and not represent the terminus of Highway 407. It would therefore be appropriate for the
study area for the East Durham Link to be included in Study Area 3 to allow for a full
examination of all options.
9. Route Generation
The draft Terms of Reference indicate that the routes will be generated and evaluated by
the Project Team. The public will be consulted during the second round of PIC's on
weightings for evaluation criteria; however the final decision remains with the Project
Team.
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CAC Comments
The public, including the Clarington Highway 407 CAC, should be involved in
developing, and assigning weightings to, route generation criteria. Routing
options in different segments should be based on local community values
developed through consultation with each area municipality. The public should be
permitted to participate in the development of potential routes before the Project
Team proceeds with the evaluation of routes.
The objectives set out in the terms of reference are devoid of criteria to protect prime
agricultural land. The values of Clarington residents could be considerably difterent than
those of residents in the more developed areas to the west. Routes should be generated
based on local community values not the avoidance of specific cost-related criteria.
Specifically, the 10 criteria set out in Table 2.6 should be addressed both quanitatively
and qualitatively.
10. Evaluation Criteria
The draft Terms of Reference indicate that, for the evaluation of the various alternatives,
each environmental factor will be assigned a weight that will reflect its importance to the
community. The public will be consulted on the relative weightings of each factor during
the second round of consultation. However, final weighting for each factor will be
determined by the Project Team.
CAC Comments
The public, including the Clarington Highway 407 CAC, should be involved in the
design of the questionnaire to determine the weightings of environmental factors.
The public should also be permitted to participate in the development of the
criteria and weightings before the Project Team proceeds with the evaluation of
alternatives. Different weightings should be developed for each area municipality
to more accurately reflect local community values.
The weightings assigned to each factor will ultimately determine what trade-ofts will be
made in the evaluation of various alternatives.. It is crucial that these weightings are an
accurate reflection of the community's values. The nature of the questions asked to
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CAC Comments
The draft Terms of Reference should be revised to indicate how the human health
risks resulting from the construction and operation of the Highway 407 East
Completion will be assessed and addressed in the Environmental Assessment.
The health risks associated with noise emissions and air quality must be included in the
Evaluation Criteria. The factors currently listed are not sufficiently broad to ensure that
these effects will be adequately addressed through the Environmental Assessment.
Noise emissions and air quality must be appropriately assessed and weighted as part of
the evaluation criteria.
13. Generation of Baseline Data
The draft Terms of Reference refer to baseline data that were generated during the
previous study; however, with respect to the Segment 3 area, very little data from
previous studies would encompass the entire area.
CAC Comments
The proponent must ensure that field inventories are generated using credible
information and collected under BMP's (best management practices) for the field
of study. The inventory and analysis should not be a quantification exercise; a
quality analysis has to be included for each factor, both individually and
collectively.
Currently additional field inventories are being carried out; however, they appear to only
be happening in very selective areas within Segment 3 and may be out of season. If
Segment 3 is to be "wide open" to all alternatives, additional inventories and analysis
should be undertaken. In addition, consultation with local advisory committees such as
LACAC's, agricultural advisory and traffic advisory committees must be considered as
part of the data gathering process.
14. Source Protection
Source protection of water resources and recharge areas has been identified as a criteria
for evaluation, as minimization of crossings. This criteria appears to have the ability to
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determine the weightings will influence the weighting given to each factor - Le. the
question asked will determine the answer received. Therefore, the public should be
involved in determining what questions should be asked, what evaluation criteria will be
used, and the weight assigned to each factor. Since the values of Clarington residents
could be considerably different than those of residents in the more developed areas to
the west, weights should be developed.for each area municipality, rather than a
combined weight for all of Durham Region.
11. PlanninQ for Full Build-out
The Environmental Assessment will identify preferred corridors for both Highway 407 and
the two Freeway Links. However, it is not clear from the draft Terms of Reference
whether the environmental impacts associated with the full build-out of the highway and
links, or just the initial stage of construction, will be addressed in the Environmental
Assessment.
CAC Comments
The EA should take into consideration the full build-out of the Highway 407 East
Completion (e.g. the ultimate number of lanes and width), even if they will not be
built until some future date.
The public and municipality is relying on MTO to have carried out "forward planning" to
ensure that future widenings/improvements have minimal impact on the environment. As
such, the EA should address the ultimate build-out (e.g. the impacts of a10 lane cross-
section is more significant than that of a 2 lane cross-section).
12. Human Health Risk Assessment
The Human Health Risk Assessment, which is a standard component of most
Environmental Assessments, is not discussed in the draft Terms of Reference for the
Highway 407 East Completion Environmental Assessment.
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shift the route away from the Oak Ridges Moraine and other previously identified water
resources; however, it does not protect the smaller more vulnerable localized recharge
areas.
CAC Comments
The evaluation criteria should require source protection for water resources and
recharge areas not just avoid crossings. The Terms of Reference should include
principles on how to treat water source features for route generation and
evaluation.
The designation of a provincially significant wetland complex on the Iroquois Shoreline
has identified the area as the sole water source and requires the same level of protection
as the Oak Ridges Moraine. There maybe other such areas throughout Study Area 2
and 3 as many of the watershed studies have not been completed.
15. Watershed Plannina
The draft terms of reference and EA process as a whole should be reflective of the
Provincial Policy Statements. The Provincial Policy Statements support watershed
planning as a holistic eco-based process by which to determine areas for protection,
development, and agriculture. Smart growth is a balance between environmental,
economic and social factors.
CAC Comments
To truly understand the cumulative effects that some routes will have on specific
areas, watershed plans should be completed for the all areas under study. The EA
should show how the route alternatives for each Study area will be in keeping with
the Provincial Policy Statements.
The criteria as set out in the ToR is a series of "avoid" and "minimize" statements. A
holistic planning approach would set out the parameters as protection, conservation and
enhancement of the environment, economy and society. The Highway 407 East
Completion EA should describe its conformity with the Provincial Policy Statements.
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