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HomeMy WebLinkAboutPSD-099-03 :L ~- 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 ~~ ~"" Ll- ~~- -, B ~.~. 11.. '". --I !' -'- .... -" . ..... i:m:,m :,:,,::::;;!;:s~. . -:::: ~_" - - :: - - -:: I '" ; .''''~~IIII:I:I:j.!..'I..d''I:I:'::III:IL.?t.=.~. "'" - - (~ I ~ I~ J~ ,::::::::::, i/;":'::::':':::~:'I:.::::::::.~.:,j{:,: )1... ~I~ ""'" ''''''''''7 lL! 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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'. 699065 Page iii. 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 ~cnd DstudyAr"",S"Ilmem1 StuayAr""-$egm",,'< ~SluaYA'...._;;...mentJ CJO'i<fiid~esMora"" -Munn>paIBoo^,,"c, Water Fealures Ir1letmMlcntStroam Cimograohicl''''''''nd LakelRive' CaI1C'Jf"ptlicl'Je"ac<J Vegetati<X1 ..t.t>odedArea. Road, LocalRoact' -r.laJOrRt>ad -.- ~Exp'e_y Elevation <~""~' II Low 36." ==-~=:;,,~~""""1U=<'" ~v Ov.r...l.... F.du "IJ7F.asICnmpleliooF-n\'ironm<nul.-'.M Pr"f"'SCdSwdy .""~3 P,G:,c":n,~_Af,,IZl")J 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. 699:)76 Page 9 181 GROUP June 23. 2003 Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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. 699!J77 Page 10 " IB~ GROUP June 23, 2003 Municipality of Clarington PEER REVIEW HIGHW A V 407 EAST COMPLETION 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 699U78 Page 11 181 GROUP June 23, 2003 " Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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. 699079 Page 12 ISI.GROUP June 23, 2003 Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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. 6991180 Page 13 161 GROUP Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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. June 23. 2003 699D81 Page 14 ,. , 181 GROUP June 23, 2003 Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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. 699U82 Page 15 IBI GROUP June 23. 2003 ", Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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 699083 Page 16 IBI GROUP June 23, 2003 Municipality of Clarington PEER REVIEW HIGHWAY 407 EAST COMPLETION 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_ ,. J:\0696\10.0 Reports\TTR Peer Review 2003-06-23.docI2003-06-23\DD 6991]8!1 Page 17 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. Clarington Highway 407 Community Advisory Committee - August 5. 2003 6 9 9 !] P 9 5 i , f k " ~",};, ,F' 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 , 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 Clarington Highway 407 Community Advisory Committee - August 5, 2003 699090 6 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. Clarington Highway 407 Community Advisory Committee - August 5, 2003 6 9 9 r19 1 7 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. Clarington Highway 407 Community Advisory Committee - August 5, 2003 6991J92 8 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 Clarington Highway 407 Community Advisory Committee - August 5, 2003 6 9 9il93 9 r. , I I . 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 Clarington Highway 407 Community Advisory Committee - August 5, 2003 6 9 q :' c r; I .) I --' 11 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. Clarington Highway 407 Community Advisory Committee - August 5. 2003 699D94 10 -' . 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. Clarington Highway 407 Community Advisory Committee - August 5, 2003 699U96 12