Notice of approval

Proponent: The Corporation of the Town of Caledon
Environmental assessment (EA) file number: MU-0714-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on January 22, 1999. Twenty-five submissions were received before the expiration date. Of these submissions, six requested a hearing and/or mediation with regard to the eastern alignment of the proposal. Several other submissions expressed concerns with the eastern alignment regarding the need for the upgrading. All but two submissions support the upgrading of Coleraine Drive in the western portion of the proposal. The two opponents live adjacent to the western portion of the proposal.

I do not consider it advisable or necessary to refer the matter to mediation or to require a hearing. Having considered the purpose of the Act, the Environmental Assessment, the Review and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the Proponent’s Environmental Assessment and the Ministry of the Environment’s EA Review, the Proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid .
  2. No other reasonable alternative method of implementing the undertaking was identified by the public in their submissions.
  3. Issues raised in the submissions regarding the eastern alignment of Town Line Road are best addressed by conditions of approval and ongoing discussions between the affected residents and the municipality during the construction phases.
  4. On the basis of the Proponent’s Environmental Assessment, the Ministry of the Environment’s EA Review and the conditions of approval the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).
  5. The Government Review Team has indicated no outstanding concerns that are not addressed through conditions of approval.
  6. The public review of the Environmental Assessment did not identify any other outstanding concerns that cannot be addressed through these conditions of approval.
  7. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

Definitions

  1. For the purposes of these conditions:
    Proponent
    refers to The Corporation of the Town of Caledon or any party who may assume responsibility for the management of the Bolton Arterial Roads Network in the future.
    Environmental Assessment
    refers to the original Environmental Assessment entitled Town of Caledon Bolton Arterial Roads Environmental Assessment Report Volumes 1 and 2 (February 1997) and the amendment document entitled Town of Caledon Bolton Arterial Roads Amendment to the Environmental Assessment Report (April 1998).
    Stage 2
    refers to the second phase of the proposed undertaking and that is defined as the protection of the right-of-way required for the future extension of Colraine Drive .to Duffy’s Lane, crossing the Humber River, then north and east to intersect with Highway 50 following the WN2 refinement.
    MOE
    refers to the Ministry of the Environment.

General conditions

  1. The Proponent shall comply with the provisions of the Environmental Assessment. all of which are incorporated herein by reference, except as provided in these conditions, and in any other approvals or permits required for the undertaking.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. Public Record

    Where these conditions require a document to be filed with the Public Record, it shall be provided to the Director of the Environmental Assessment and Approvals Branch for filing with the Public Record maintained for this undertaking. Additional copies of all such documents will be provided by the Proponent to:
    • the Director of the Central Region Office, MOE
    • the Clerk of The Regional Municipality of Peel
    • the Clerk of The Corporation of the Township of King
    • Clerk of The Regional Municipality of York

Stage 1 and 2 environmental effects

  1. Management of Waste or Contaminated Material During Construction

    The Proponent shall ensure that should any contaminated materials be encountered during construction of any roads provided for under either stage of the undertaking, management of the materials is consistent with all applicable legislation and guidelines. Upon encountering such materials the Proponent shall advise the Halton-Peel District Office, MOE how the Proponent is conforming to the legislation·and guidelines. A copy of this advice shall be filed with the Pub1ic Record.
  2. Construction and Operation

    The Proponent shall ensure that the contractors and sub-contractors: (i) are made aware of all environmental considerations; and (ii) meet all environmental standards and commitments for construction, operation and maintenance of the undertaking.

Stage 1 only environmental effects

  1. The Proponent shall notify the Family Services Association of Toronto and The Toronto and Region Conservation Authority (TRCA) of any future environmental decision-making processes that may affect their individual interests. These parties shall be given appropriate opportunities to contribute to any such process.
  2. Water Quality Monitoring and Mitigation Program

    The Proponent shall develop, in consultation with the MOE, Central Region, a water quality monitoring and mitigation program and provide the details of the program in a Water Quality Pre-construction Report ("the Report") for Stage 1. This program shall include the collection of baseline data on groundwater, surface water and sediment quality in the study area for the undertaking. Assessment of anticipated impact on groundwater, surface water and sediment quality shall be included in the pre-construction report where excavation or filling associated with re-pro filing of any roadway is proposed. Mitigation measures will be developed based on applicable MOE guidelines. At least 90 days prior to construction, the Proponent shall submit three (3) copies of the Report to the Director, Central Region, MOE. The Proponent shall not proceed with construction until written approval of the program set out in the Report is received from the Director. The Proponent shall implement the approved program in the Report. A copy of the Report shall be filed with the Public Record.

Stage 2 environmental effects

  1. Noise Effects

    The Proponent shall prepare a noise report prior to the commencement of construction of any road within the corridor protected by Stage 2. The report shall assess the impact of the construction and operation of any roads proposed in the Stage 2 protected corridor taking into account the maximum number of lanes proposed in the Class environmental assessment study. The report shall be prepared in accordance with the "Protocol for Dealing with Noise Concerns during the Preparation, Review and Evaluation of Provincial Highway Environmental Assessments (February 1986)" as it is amended from time to time. At least 90 days prior to construction, the Proponent shall submit the noise report to the Director of the Environmental Assessment and Approvals Branch, and the Proponent shall not proceed with construction until the written approval of the Director of the Environmental Assessment and Approvals Branch, MOE is received. A copy of the Noise Report shall be filed with the Public Record.
  2. Toronto and Region Conservation Authority

    The Proponent shall not proceed with construction in the Bolton Resource Management Tract unless it has entered into an agreement with TRCA to provide compensation for land severed in Bolton Resource Management Tract. In doing so the Proponent shall give appropriate consideration to the value of additional lands required for the right-of-way, after allowances for the dedication to the Authority and complete decommissioning and restoration of that portion of Duffy’s Lane on TRCA lands that is no longer required for local traffic movement, including the removal of the existing Humber River crossing and reinstatement of natural banks.
  3. In carrying out any studies under any Class EA, the Proponent shall give consideration to the protecting of TRCA owned lands north of Bolton from road crossings between the Bolton Resource Management Tract and the Albion Hills Conservation Area.
    1. Any future planning and construction of any road in the Stage 2 protected corridor may be done pursuant to separate EA approval or an applicable Class Environmental Assessment. Subject to subcondition (2), any alternatives considered in a Class Environmental Assessment process for any road in the Stage 2 protected corridor by the Proponent may be limited to alignment options within the protected right-of-way identified as the WN2 Refinement in the Environmental Assessment.
    2. Should any significant changes to the environment be identified within the study area for this undertaking in a Class Environmental Assessment process under subcondition (1), the Proponent shall reconsider its range of alternatives for any road in the Stage 2 protected corridor.
  5. In carrying out any EA process for the planning and construction of a road in the Stage 2 protected corridor, the Proponent shall apply the provisions of Condition 8 with respect to water quality monitoring and mitigation with the necessary changes.

Dated the 19th day of April, 2000 at Toronto

Minister of Environment
135 St. Clair Avenue West, 15th floor
Toronto, Ontario
M4V 1P5

Approved by O.C. number 805/2000