Approval of the Niagara People Mover Transit System Environmental Assessment

Notice of approval

Proponents: City of Niagara Falls and the Niagara Parks Commission
Environmental assessment file number: MU-05-90-2

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 March 2, 2001. I received seven submissions before the expiration date. No submissions requested a hearing by the Environmental Review Tribunal.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the approved Terms of Reference, the Environmental Assessment. the Review and submissions received, including an additional four received after March 2, 2001 , 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 Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
2. No other beneficial alternative method of implementing the undertaking was identified.
3. On the basis of the proponent’s Environmental Assessment, the 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).
4. The Government Review Team has indicated no outstanding concerns that can not be addressed through conditions of approval or potential required approvals, such as under the Ontario Water Resources Act, the Environmental Protection Act or municipal approvals. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through these conditions of approval or these potentially required approvals.
5. The submissions received after the Notice of Completion of the Review was published are being dealt with through conditions where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

1. Definitions:

   Director

   means the Director of the EAAB.

   EAA

   refers to the Environmental Assessment Act.

   EAAB

   means the Environmental Assessment and Approvals Branch of the MOE.

   MOE

   means the Ministry of the Environment.

   Proponent

   means The Corporation of the City of Niagara Falls and The Niagara Parks Commission or any body or company which assumes the undertaking from them.

2. The Proponent shall comply with the provisions of the Environmental Assessment (EA) all of which are incorporated herein by reference, except as provided in these conditions or as provided by any other approvals, authorizations or permits required for the undertaking.
3. The Proponent shall carry out the items contained in the Proponents' Response column of Table 1 of the Review, in the Proponents' response to concern letters contained in Appendices Three and Four of the Review, in the two Proponents' Response letters to submissions made during the Notice of Completion of Review comment period, each dated March 14, 2001, and in the letter of the City of Niagara Falls to the EAAB dealing with property acquisition dated March 13, 2001, except as provided for in these conditions or as provided by other approvals, authorizations or permits required for the undertaking.
4. These conditions do not prevent more restrictive conditions being imposed under other statutes.
5. Where a document is required for the Public Record, it shall be provided by the Proponent to the Director of the EAAB, MOE, for filing with the Public Record maintained for this undertaking. Additional copies of such documents will be provided by the Proponent for public access to:
   • the Regional Director of the MOE
   • the Clerk’s office of The Corporation of the City of Niagara Falls
   • The Niagara Parks Commission
6. The Proponent shall,
   1. immediately prior to commencing construction of the first phase (one-way loop) of the undertaking;
   2. upon completion of construction of the first phase of the undertaking;
   3. immediately prior to commencing construction of any additional phases of the undertaking (any portion of two-way loop); and
   4. upon completion of construction of any additional phases of the undertaking,

   provide written advice, for the Public Record, on how the Proponent has complied with the EA and these conditions.

7. Section 1.8.5 of the EA Amendment Procedure is deleted and replaced by the amendment procedure set out below:

   In preparing and submitting this EA to the MOE, an attempt has been made to provide as much detail as possible about both the undertaking itself, and the anticipated net environmental impacts. After approval under the EAA is granted for the undertaking, the standard approach is to initiate further technical investigations during the detailed design phase of the project. In addition to the detailed technical work, further consultation with affected stakeholders is undertaken at that time to ensure that concerns are addressed.

   Although the Proponent has attempted to be as thorough as possible, there is a possibility that the design may identify significant environmental impacts which may not have been anticipated in the EA. The Proponent is committed to addressing the environmental impacts resulting from this undertaking whether identified in the EA or during the detailed design phase.

   Environmental protection plans

   1. Short-term impacts that result from the construction of the undertaking will be handled through the application of Environmental Protection Plans (EPPs) outlined in Appendix G of the EA. If any potential new impacts arise, new EPPs will be prepared to address these potential impacts. In most cases, the potential impacts are likely to be standard types of construction effects that can be handled using proven mitigation techniques. Where standard practices may not be appropriate, additional proposed mitigating measures will be devised to be added to existing EPPs or to new EPPs. The preparation of additional new nonstandard mitigation measures and new EPPs shall be reviewed with any agencies whose mandates pertain to the impact, the Stakeholder Group, a representative of the City of Niagara Falls, a representative of The Niagara Parks Commission, any person who has expressed concerns about the impact or any people who can reasonably be expected to express concerns about the impacts. This review shall ensure that the Stakeholder Group, the City of Niagara Falls, The Niagara Parks Commission and the affected agencies are satisfied the impact has been appropriately mitigated.

   Minor modifications

   2. A minor modification to the undertaking is a modification not referred to in condition 7.1,
      1. where the environmental effects that will be caused or that might reasonably be expected to be caused to the environment taking into account mitigation and remedial actions, and the advantages and disadvantages to the environment of the undertaking, will be equally or more advantageous to the environment than the environmental effects, advantages and disadvantages as described in the EA (as changed by any previous modifications);
      2. which the Proponent does not determine should be processed as a significant or major modification; and
      3. which the Proponent is not required by condition 7.4 to process as a significant or major modification.

      Such modifications may originate from a refinement to the original design of the project during the detailed design stage or from later proposed modifications.

   3. Where a minor modification is proposed, the Proponent shall notify, by regular mail at least 21 days prior to the approvals set forth in subcondition 7.5 (ii), any agency which has a mandate for any matter affected by the proposed minor modification and any property owner whose land is directly abutting the proposed modification.
   4. Any person may request the Proponent to process a proposed modification under the process set out for significant or major modification in conditions 7.9 to 7.17. The Proponent and the person making the request may subsequently agree that the modification may proceed as a minor modification. In the event there is not such an agreement, and the person making the request has, prior to City of Niagara Falls Council or a body designated by the City of Niagara Falls Council giving the approval referred to in subcondition 7.5 (ii), submitted the request in writing setting out the reasons why the proposal should be processed as a significant or major modification, the proposed modification shall be processed under the procedure set out for Significant or Major Modifications in conditions 7.9 to 7.17.
   5. If there is not an unresolved request under condition 7.4, the Proponent may, subject to condition 7.7, proceed with the minor modification provided that the Proponent first ensures that the minor modification:
      1. is presented to the People Mover Stakeholder Group or a successor to it for review and comment (so long as the Group or its successor continues to exist and function); and
      2. is approved by the City of Niagara Falls Council, or by a body designated this role by the City of Niagara Falls Council, and by the decision-making body of The Niagara Parks Commission, or by a body designated this role by the decision-making body of The Niagara Parks Commission.
   6. The Proponent shall submit a report on the minor modification to the EAAB for inclusion in the Public Record. The report shall include an explanation of the modification; a description of changes that the modification will have to the environmental effects and the advantages and disadvantages to the environment of the undertaking as described in the EA (as changed by any previous modifications); copies of any notices given, the comments of the People Mover Stakeholder Group, and the reports and any meeting minutes, including recommendations and approvals, of the City of Niagara Falls and Niagara Parks Commission or any designated body; and a description and summary of all documents for which copies are required.
   7. The Proponent shall not proceed with the minor modification until the report required by condition 7.6 is submitted to the EAAB for inclusion in the Public Record.

   Significant and major modifications

   8. A significant or major modification to the undertaking is a modification not referred to in condition 7.1, which
      1. has an influence on the local environment and where the environmental effects that will be caused or that might reasonably be expected to be caused to the environment taking into account mitigation and remedial actions, and the advantages and disadvantages to the environment of the undertaking, will be more disadvantageous to the environment than the environmental effects and the advantages and disadvantages as described in the EA (as changed by any previous modifications); or
      2. which otherwise does not meet the requirements of condition 7.2 for minor modifications.
   9. Where a significant or major modification is proposed the Proponent shall:
      1. prepare documentation, in consultation, where appropriate, with affected agencies, concerned stakeholders, citizens and interest groups, which documentation shall identify the proposed modification, the reason for the modification; the alternatives, if any, to the modification; proposed mitigation and remedial actions; and a description of changes that the modification will have to the environmental effects taking into account mitigation and remedial actions, and the advantages and disadvantages to the environment of the undertaking as described in the EA (as changed by any previous modifications);
      2. arrange for a public meeting in the local community;
      3. give notice by regular mail of the proposed significant or major modification and the public meeting to: any neighbourhood or business group which participates or participated on the People Mover Stakeholders Group, persons who submitted comments under subsection 6.4 (2) of the EAA, (provided such group or person is still in existence and has provided the Proponent with a current mailing address for the purposes of this condition) any property owner whose 1and is directly abutting the proposed modification, the EAAB, any other government agency which commented on the EA, or is affected by the modification, and any other person that the Director of the EAAB requires the Proponent to notify;
      4. give notice of the proposed significant or major modification and the public meeting by advertisement in a newspaper with general circulation in the area of the undertaking; and
      5. include in the notice of the proposed modification and public meeting a statement that anyone receiving notice may submit to the Proponent, within 30 calendar days (or such longer period as the Proponent chooses) of the holding of the public meeting referred to in subcondition 7.9(ii), to discuss the proposed modification, a Statement of Concern which must include reasons for the concern and that failure to do so may result in the modification proceeding without further notice.
   10. If no Statement of Concern is received by the Proponent within the number of days specified in the notice of the public meeting referred to in subcondition 7.9(ii), the Proponent may proceed with the significant or major modification provided that the Proponent first ensures the modification:
       1. is presented to the People Mover Stakeholder Group or a successor to it for review and comment (so long as the Group or its successor continues to exist and function); and
       2. is approved by the City of Niagara Falls Council, or by a body designated this role by the City of Niagara Falls Council, and by the decision-making body of The Niagara Parks Commission, or by a body designated this role by the decision-making body of The Niagara Parks Commission.
   11. If any Statement of Concern is received within the number of days specified in the notice of the public meeting referred to in subcondition 7.9(ii), the Proponent shall:
       1. provide the EAAB with a copy of the Statement of Concern; and,
       2. attempt to resolve the concerns through alternative dispute resolution such as meetings, negotiation, mediation.
   12. If the Proponent resolves the concerns raised in the Statements of Concern and the concerns are withdrawn and the withdrawal and resolution is confirmed in writing by each party which submitted a Statement of Concern, the Proponent can proceed with the proposed significant or major modification, including any changes to that modification arising out of the resolution of any concerns, provided the Proponent first ensures the step set out in subcondition 7.10(i) is followed and the approvals set forth in subcondition 7.10(ii) are obtained, and the following steps are followed, if applicable:
       1. If the change in the modification that facilitated the withdrawal of the Statement of Concern will increase the magnitude of the modification or substantially alter the nature of the modification, the Proponent shall ensure that the steps set out in subconditions 7.9 (i) – (v) are followed, along with whichever of conditions 7.10 and 7.11 is applicable with respect to the change to the modification.
       2. The portion of the documentation providing a description of changes that the modification will have to the environmental effects and the advantages and disadvantages to the environment of the undertaking as described in the EA (as changed by the documentation for any previous modifications) is amended to reflect the change to the modification.
   13. If the Proponent cannot resolve the concerns through alternative dispute resolution and the Proponent considers that an appropriate amount of effort and time has been spent attempting to resolve the concern, the Proponent, if it wishes to proceed with the significant or major modification, shall provide written notice to the party that submitted the Statement of Concern and any other party that the Director may require, that the Proponent intends to proceed with the significant or major modification process by following the steps and obtaining the approvals set out in subconditions 7.10 (i) – (ii). This notice shall outline the procedure for the written request which may be submitted under condition 7.14.
   14. A party who submitted a Statement of Concern who receives or should have received a notice under 7.13 may make a written request to the Director of the EAAB, with a copy sent to the Proponent, that the Director of the EAAB give notice to the Proponent that it cannot proceed with the significant or major modification unless the Proponent submits a new application for approval under Part II of the EAA and receives approval for the change.
   15. The Proponent, subject to 7.17, may proceed with the proposed significant or major modification if the Director provides a notice that a new EA approval will not be required, or if within 30 calendar days of receiving the request under condition 7.14, the Director has not provided notice to the Proponent under that condition. The Proponent for purposes of attempting to resolve the request may, by notice to the Director, extend the 30 day period.
   16. The Proponent shall submit to the EAAB a report on the significant or major modification for inclusion in the Public Record. The report shall include: a description of: the modification; the public and agency consultation process and the results of that process, including any Statements of Concern; the manner in which concerns were addressed or not and if they were not addressed, the reason for this; the documentation required under subcondition 7.9 (i); copies of notices given, any other comments received including Statements of Concern and withdrawals of Statements of Concern, the comments of the People Mover Stakeholder Group, and the reports and any meeting minutes, including recommendations and approvals, of the City of Niagara Falls and Niagara Parks Commission or any designated body; and a description and summary of all documents for which copies are required.
   17. The Proponent shall not proceed with the significant or major modification until the report required by 7.16 is submitted to the EAAB for inclusion in the Public Record.

Dated the 10^th day of May 2001 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 12^th floor
Toronto, Ontario
M4V 1P5