Lndn BRT Transit Prject Assessment Prcess Draft Envirnmental Prject Reprt Table f Cntents 6 Permits and Apprvals... 6-1 Federal... 6-2 Prvincial... 6-2 Municipal... 6-3 Utilities... 6-3 Institutins... 6-3 Mechanism fr Changes t the Apprved Plan... 6-3 Design Refinements... 6-3 Envirnmental Prject Reprt Addendum Prcess... 6-3 Envirnmental Prject Reprt Addendum Timelines... 6-4 6-i
Lndn BRT Transit Prject Assessment Prcess Draft Envirnmental Prject Reprt 6 PERMITS AND APPROVALS Befre cnstructin can begin varius apprvals must be btained frm federal, prvincial, and municipal agencies. Permits and apprvals will als be required frm the Upper Thames River Cnservatin Authrity and rail authrities. The required permits and apprvals are detailed in the fllwing sectins. This sectin will be updated based n the review f the draft EPR by technical agencies. Additinal permits and apprvals may be required if there are changes t existing cnditins r relevant plicies. These cnditins will be mnitred during detail design and prir t cnstructin, and the list f permits and apprvals will be updated as required. Federal At the federal level, the fllwing permits and apprvals may be required fr this transit prject: Canadian Envirnmental Assessment Act (prpnent will cntinue t determine if any apprvals are applicable); Canadian Transprtatin Agency apprval may be required fr wrks within a railway right-f-way under the Canada Transprtatin Act. Generally, all wrks n, abve r belw a railway prperty will be crdinated with the rail authrity (e.g. CN r CP), and cmply with the rules, plicies, and prcedures fr wrking within the railway right-fway. Requirements are expected t include safety and related requirements, flagging prtectin, crdinatin with rail peratins, ntificatin f railway wrks, and cmpliance with the Railway Safety Act. Department f Fisheries and Oceans (DFO) uses a self-assessment prcess t determine if a prject review is required based n the ptential fr serius harm t fish r fish habitat in accrdance with the Fisheries Act. Generally, prject impacts can be mitigated t avid serius harm. There is a ptential fr federally listed species in the study area, which shuld be reviewed in the next design phase. As design prgresses, the City will cntinue t mnitr the prject fr ptential need fr a prject review by Department f Fisheries and Oceans, and any related apprvals r permits, including Species at Risk Act permits. The Lndn BRT prject is nt currently a designated prject as defined in the Regulatins Designating Physical Activities under the Canadian Envirnmental Assessment Act (CEAA), as amended in 2014 1. As design prgresses, the City will cntinue t mnitr the prject fr ptential CEAA requirements. The Minister f the Envirnment may designate a prject nt currently identified in the regulatins if the prject may cause adverse envirnmental effects r there are public cncerns abut such effects. If required, the City will prepare a prject descriptin fr review by the Canadian Envirnmental Assessment Agency. Prvincial At the prvincial level, the fllwing permits and apprvals may be required: Ministry f the Envirnment and Climate Change: Permit t Take Water under the Ontari Water Resurces Act Envirnmental Cmpliance Apprvals fr new/relcated sanitary sewers, new/relcated strm sewers and utfalls, strmwater quality cntrls, sewer use fr discharge f dewatering effluent (in cmpliance with s. 53 f the Ontari Water Resurces Act and relevant the Ministry f the Envirnment and Climate Change guidelines) Excess Sil Management Strategy Ministry f Turism, Culture and Sprt: Apprvals f archaelgical and built heritage investigatins t be cnducted during the next design phase. Assciated reprts will be submitted fr review and acceptance, as required, prir t any grund disturbance. Ministry f Transprtatin Ontari: Highway Crridr Management permit may be required fr the prpsed park-andride at Exeter Rad under the Public Transprtatin and Highway Imprvement Act Ministry f Natural Resurces and Frestry: Letter f Advice r an Overall Benefit Permit under clause 17(2)(c) f the Endangered Species Act New r mdified Licence f Occupatin may be required under the Public Lands Act fr the crssings f the Thames River. Plans and Specificatins Apprval under the Lakes and Rivers Imprvement Act, fr all bridges being replaced r being mdified structurally, if the prject mdifies the flw f water. Authrizatins issued under the Lakes and Rivers Imprvement Act may be administered by the Upper Thames River Cnservatin Authrity. Wrk permits may als be required fr water crssing mdificatins. If species at risk are identified within the cnstructin influence zne, MNRF will be cntacted t determine hw specimens shuld be treated. 1 http://laws-lis.justice.gc.ca/eng/regulatins/sor-2012-147/page-3.html#h-1 6-2
Lndn BRT Transit Prject Assessment Prcess Draft Envirnmental Prject Reprt Hydr One: Apprval fr the prpsed park-and-ride at Exeter Rad if lcated under the Hydr One crridr. Lands wned by the Ontari Infrastructure and Lands Crpratin (IO) and leased r managed by ther users (MTO, Hydr One, Ontari Prvincial Plice) are t be used fr the park-and-ride at Exeter Rad. Arrangements fr use f these lands by the City will be required, in accrdance with the transfer and licensing f prvincial prperty. Municipal At the municipal level, the fllwing permits and apprvals may be required: City Cuncil apprval. A Heritage Permit fr alteratins and/r demlitins t prperties designated under the Ontari Heritage Act. Tree Cnservatin By-law Upper Thames River Cnservatin Authrity: Permits and apprvals fr wrks in the fllwing regulated areas: Medway Creek crssing (Western Rad) Nrth Thames River crssing (University Drive) Nrth Thames River crssing (Queens Avenue) Thames River crssing (Wellingtn Street) Westminster Pnds (Wellingtn Rad) Dingman Creek watershed (park-and-ride) Utilities There are a number f existing utilities within the BRT study area. Utility cmpanies will cntinue t be cnsulted as the fllwing agreements are sught: Utility crssing agreements. Hydr cnnectin applicatins and service agreements. Gas cnnectin applicatins and service agreements. Institutins The BRT netwrk is planned t enter private lands n the Western University and Fanshawe Cllege campuses. Cnsultatins with each institutin are nging, and will require agreements t allw fr cnstructin, peratins and maintenance activities n their campuses. Mechanism fr Changes t the Apprved Plan This prject is being assessed under the Transit Prject Assessment Prcess (Ontari Regulatin 231/08). This dcument frms the summary f the planning and design prcess, assessment f impacts and assciated mitigatin measures, and cmmitments t future wrk. The prject presented in this EPR is nt a static plan, nr is the cntext in which it is being assessed, reviewed, apprved, cnstructed, and used. Given the ptential fr changes t the prject resulting frm the apprvals, detailed design, and cnstructin prcesses, it is prudent t include in the EPR a cmment n the respnsibilities f the prpnent shuld changes be required in the prject. The fllwing sectins utline hw such changes will be addressed. Design Refinements This EPR identifies and presents the impacts assciated with the Prject, and the prperty envelpe within which the Prject can feasibly be cnstructed. The actual layut f prject elements (e.g. BRT stps, turnarunds, park-and-ride, lcal transit cnnectins, etc.) are subject t detailed design. Any variatin frm that shwn in this EPR, unless it results in an envirnmental impact which cannt be accmmdated within the cmmitted mitigatin measures, des nt require additinal apprval under O. Reg 231/08. Envirnmental Prject Reprt Addendum Prcess After the Ntice f Cmpletin, if a change is made t the prject that is incnsistent with the prject dcumented in this EPR r the types f changes nted in Sectin 6.6.1, an Addendum t the EPR must be issued, and include the fllwing infrmatin: 1. A descriptin f the change; 2. The reasns fr the change; 3. The prpnent s assessment and evaluatin f negative impacts that the change might have n the envirnment; 4. A descriptin f any measures prpsed by the prpnent fr mitigating the negative impacts that the change might have n the envirnment; and 6-3
Lndn BRT Transit Prject Assessment Prcess Draft Envirnmental Prject Reprt 5. A statement f whether the prpnent is f the pinin that the change is a significant change t the transit prject, and the reasns fr the pinin. If the prpnent is f the pinin that the prpsed change t the transit prject is significant, then the prpnent must publish a Ntice f EPR Addendum in a manner similar t a Ntice f Cmpletin, as well as a ntice n its website. The Ntice f EPR Addendum must als be prvided t the Directr f the Envirnmental Assessment and Permissins Branch, the Ministry f the Envirnment and Climate Change Reginal Directr, every prperty wner within 30 m f the site change, Indigenus cmmunities, and any ther persn wh, in the prpnent s pinin, may be interested, and every persn wh has made a written request fr ntices abut the prject. Envirnmental Prject Reprt Addendum Timelines The prcess and timelines fr making bjectins and fr the Minister t act with respect t the prpsed change are similar in the addendum prcess as in the prcess leading t the Ntice f Cmpletin: 30 Day Public Review Perid, started by Ntice f EPR Addendum, that prvides review time fr public, regulatry agencies, Indigenus cmmunities and ther interested parties. Objectins t the prject may be submitted t the Minister f the Envirnment and Climate Change during this perid. 35 Day Ministerial Review Perid, started by cnclusin f the previus perid. The Minister f the Envirnment and Climate Change reviews any bjectins and determines if the prject may prceed, may prceed with cnditins, r if the prpnent must cnduct additinal wrk and submit a revised EPR t the Minister. 6-4