Appendix C. Environmental Impact Study Report

Transcription

1 Appendix C Report

2 Rapid Transit Project Transit Project Assessment Process Prepared by: AECOM 50 Sportsworld Crossing Road, Suite tel Kitchener, ON, Canada N2P 0A fax Project Number: Date: December 22, 2011

3

4 Statement of Qualifications and Limitations The attached Report (the Report ) has been prepared by AECOM Canada Ltd. ( Consultant ) for the benefit of the Regional Municipality of Waterloo ( Client ) in accordance with the agreement between Consultant and Client, including the scope of work detailed therein (the Agreement ). The information, data, recommendations and conclusions contained in the Report: are subject to the scope, schedule, and other constraints and limitations in the Agreement and the qualifications contained in the Report (the Limitations ) represent Consultant s professional judgement in light of the Limitations and industry standards for the preparation of similar reports may be based on information provided to Consultant which has not been independently verified have not been updated since the date of issuance of the Report and their accuracy is limited to the time period and circumstances in which they were collected, processed, made or issued must be read as a whole and sections thereof should not be read out of such context were prepared for the specific purposes described in the Report and the Agreement in the case of subsurface, environmental or geotechnical conditions, may be based on limited testing and on the assumption that such conditions are uniform and not variable either geographically or over time Unless expressly stated to the contrary in the Report or the Agreement, Consultant: shall not be responsible for any events or circumstances that may have occurred since the date on which the Report was prepared or for any inaccuracies contained in information that was provided to Consultant agrees that the Report represents its professional judgement as described above for the specific purpose described in the Report and the Agreement, but Consultant makes no other representations with respect to the Report or any part thereof in the case of subsurface, environmental or geotechnical conditions, is not responsible for variability in such conditions geographically or over time. Any use of this Report is subject to this Statement of Qualifications and Limitations. Any damages arising from improper use of the Report or parts thereof shall be borne by the party making such use. This Statement of Qualifications and Limitations is attached to and forms part of the Report. Waterloo RT EIS Docx i

5 Distribution List # of Hard Copies PDF Required Association / Company Name n/a Yes Regional Municipality of Waterloo Revision Log Revision # Revised By Date Issue / Revision Description 1 Jill deman February 22, 2010 Incorporation of Region s comments 2 Jill deman June 9, 2011 Incorporation of updates from spring 2011 fieldwork 3 Jill deman July 29, 2011 Incorporation of Region s comments 4 Jill deman August 17, 2011 Incorporation of updates from MSF fieldwork 5 Laura Bentley December 22, 2011 Incorporation of updated route alignment and stations AECOM Signatures Report Prepared By: Jillian deman, H.B.Sc Terrestrial and Wetland Ecologist Report Reviewed By: Gary Epp, Ph.D Senior Ecologist Waterloo RT EIS Docx ii

6 Table of Contents Statement of Qualifications and Limitations Distribution List 1. Introduction Study Area and Land Use Legislative Requirements Provincial Policy Statement Regional Municipality of Waterloo Official Plan City of Waterloo City of Kitchener City of Cambridge Grand River Conservation Authority Physical Features & Functions Landforms, Surficial Geology & Soils Topography & Drainage Natural Heritage Features and Functions Natural Heritage Assessment Methods Aquatic Habitat & Fisheries Assessment Terrestrial Vegetation Community Assessment Faunal Community Assessment Natural Heritage Assessment Results Aquatic Habitat & Fisheries Assessment Cedar Creek at Old Albert Street Rail Road Crossing Laurel Creek at Silver Lake Schneider Creek at Borden Avenue Schneider Creek at Ottawa Street Schneider Creek at Rail Crossing North of Hayward Avenue Montgomery Creek at Courtland Avenue Tributary of Forwell Creek at the Maintenance and Storage Facility Site Terrestrial Vegetation Community Assessment Individual Trees Vegetation Patches Faunal Community Assessment Birds Mammals Reptiles and Amphibians Assessment of Significance Significant Habitat of Endangered and Threatened Species Provincially Significant Wetlands Significant Woodlands Significant Valleylands Significant Wildlife Habitat Seasonal Concentrations of Animals Animal Movement Corridors page Waterloo RT EIS Docx iii

7 4.5.3 Rare Vegetation Communities or Specialized Habitats Habitat of Species of Conservation Concern Significant Areas of Natural and Scientific Interest (ANSI) Fish Habitat Environmental & Ecological Constraints Impact Assessment Existing Terrestrial and Wetland Environmental Impacts Potential Impacts of the Proposed Rapid Transit Project Potential Short-term Impacts - Construction Potential Long-term Impacts Direct Impacts Summary & Recommendations Aquatic Habitat and Fisheries Assessment Terrestrial Vegetation Community Assessment Faunal Assessments References List of Figures Figure 1 Rapid Transit System Location Map... 3 Figure 2 The Wedge Prism Figure 3 Determining whether a Tree is In, Out or Borderline Figure 4 Fisheries Assessment Locations Figure 5 Cedar Creek Fisheries Assessment Locations Figure 6 Laurel Creek and Silver Lake Fisheries Assessment Locations Figure 7 Schneider Creek at Borden Avenue and Ottawa Street Fisheries Assessment Locations Figure 8 Schneider Creek at Rail Crossing Fisheries Assessment Locations Figure 9 Montgomery Creek Fisheries Assessment Locations Figure 10 Old Albert Street, Glenelm Crescent, Bearinger Road and Wes Graham Way ELC Figure 11 Silver Lake and Laurel Creek ELC Figure 12 Courtland Avenue and East Hanson Avenue ELC Figure 13 Parkside Drive and Weber Street North ELC Figure 14 Locally Significant Wetlands Figure 15 Significant Woodlands Figure 16 Cliff swallow Nests under Bridge at Ottawa and Schneider Creek Waterloo RT EIS Docx iv

8 List of Tables Table 1 Ontario Marsh Monitoring Program Standardized Survey Windows Table 2 Prism Sweep Results Table 3 Prism Sweep Results Table 5 Search Results for NHIC Species at Risk in Vicinity of Proposed Route Table 6 Animal Concentration Area Presence and Significance Table 7 Study Area Constraints Appendices Appendix A. Appendix B. Appendix C. Appendix D. Appendix E. Appendix F. Appendix G. Appendix H. Appendix I. Appendix J. Glossary of Terms/ List of Acronyms MTO/DFO/MNR Protocol Sensitivity Ranking Criteria for Watercourses Aquatic Representative Photographs Key Biophysical Parameters and Channel Diagnostics Fish Community Data Table Terrestrial Representative Photographs Vegetation Assessment Plant Species List Species at Risk Habitat Assessment Bird Species List Mammal Species List Waterloo RT EIS Docx v

9

10 1. Introduction AECOM Canada Ltd. was retained by the Regional Municipality of Waterloo (Region) to complete an Environmental Impact Study (EIS) for lands that may potentially be affected by the development of a rapid transit system within the Cities of Cambridge, Kitchener and Waterloo. The development of this new rapid transit system is a key component of the Region s Regional Growth Management Strategy 1. The proposed new rapid transit system route lies within a primary reurbanization area, linking the major urban centres with Light Rail Transit (LRT) in the Cities of Waterloo and Kitchener and an adapted Bus Rapid Transit (abrt) connecting the City of Kitchener with the City of Cambridge. As an integral step in the planning and design process, and as outlined in the Regional Official Plan (ROP), an EIS is required to provide for the protection and environmental management of natural heritage features and functions on lands adjacent to those proposed for development. This EIS Report provides an assessment of existing environmental features and functions within and adjacent to the proposed LRT route that extends from Conestoga Mall to Fairview Park Mall. It also assesses the significance of natural heritage features, presents potential development constraints, and provides direction for specific design considerations of the LRT. Appendix A presents a list of acronyms and a glossary of terms for reference. 1.1 Study Area and Land Use The study area for this EIS report spans a corridor from Conestoga Mall in the City of Waterloo to Fairview Park Mall in the City of Kitchener to the Ainslie Street Transit Terminal in the City of Cambridge. From Waterloo to Kitchener, a LRT system will use a combination of existing rail lines and roads extending along and from King Street. From Kitchener to Cambridge an abrt system will be utilized. Considering the different transit technologies and recognizing that the abrt system will only result in minor changes to the current road network, the main impact assessment for this EIS will focus on the LRT system from Waterloo to Kitchener. Figure 1 provides a map of the subject lands with a key plan showing the location of the proposed rapid transit route. The land within proximity to this study area corridor includes a mixture of residential, commercial and industrial land uses, which are anticipated for areas surrounding major urban centres. Greenspace and recreational parks are infrequent and are for the most part constrained to riparian areas of watercourse systems which cross the corridor. One of the most significant natural features within the study area is the Grand River and its associated wetland and riparian communities where the abrt system crosses between Kitchener and Cambridge on existing road infrastructure. 1.2 Legislative Requirements The following legislative requirements are relevant to the proposed LRT system and the natural features within the study area. 1 Region of Waterloo Regional Growth Management Strategy Report, June 23, 2003 Waterloo RT EIS Docx 1

11 1.2.1 Provincial Policy Statement The Ontario Provincial Policy Statement (PPS) is issued under Section 3 of the Ontario Planning Act, R.S.O Section 3 of the Act requires that decisions affecting planning matters shall be consistent with policy statements issued under the Act. The current PPS came into effect March 1 st, 2005, and applies to all applications submitted on or after this date. The PPS provides policy direction on land use planning and development matters that are of provincial interest which protect the natural environment as well as public health and safety. Section 2.0 Wise Use and Management of Resources, provides policies on protecting the province s natural heritage, water, agricultural, mineral, cultural heritage and archaeological resources. Section 2.1 Natural Heritage, identifies seven types of natural heritage features to be protected: significant habitat of endangered species and threatened species; provincially significant wetlands; significant woodlands south and east of the Canadian Shield; significant valleylands south and east of the Canadian Shield; significant wildlife habitat; significant ANSIs; and fish habitat. Development and site alteration are not permitted in significant habitat of endangered species and threatened species, or in provincially significant wetlands in this part of the province. Development and site alteration may be permitted in the remaining natural features if it has been demonstrated that there will be no negative impacts on the natural feature or its ecological function. Development and site alteration within fish habitat must be in accordance with provincial and federal requirements. Development and site alteration on lands adjacent to all seven types of natural features is permitted if the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Within the study area, natural heritage features which require protection according to the PPS include fish habitat, and significant valleylands Regional Municipality of Waterloo Official Plan On June 16 th, 2009, the Region adopted its new ROP. Environmental policies in the ROP have been presented in the section entitled Greenlands Network. The Greenlands Network classifies the Region s environmental features and linkages into three levels of protection: Landscape Level Systems, Core Environmental Systems and Supporting Environmental Features. These levels look at the environment from a macro to micro level. Each level is associated with a set of policies specific to maintaining, enhancing or restoring the ecological function of that level within the Greenlands Network. A draft Region of Waterloo Greenlands Network Implementation Guidelines to complement these policies has been prepared. Waterloo RT EIS Docx 2

12 Guelph Northfield/Parkside NORTHFIELD DR W ) Conestoga Mall LEXINGTON RD Waterloo David Johnston R&T Park KING ST N CONESTOGA PKY Kitchener COLUMBIA ST W University of Waterloo UNIVERSITY AVE W Cambridge Waterloo Park W a tt e rr ll o o K ii tt cc h e n e rr Uptown Waterloo ERB ST W Allen/Caroline GLASGOW ST WEBER ST S Waterloo Town Square King/Allen KING ST W King/Victoria Grand River Hospital Charles/Gaukel Charles/Benton CONESTOGA PKY LANCASTER ST W Duke/Young FREDERICK ST Ottawa/Mill Duke/Frederick STRASBURG RD Kitchener Market CHARLES ST E COURTLAND AVE E Courtland/Block Line Charles/Borden Charles/Ottawa FAIRWAY RD S HIGHWAY 8 Fairview Park Mall Legend ) Maintenance & Storage Facility Proposed Stations Roads Rail Watercourse Proposed LRT Proposed abrt Municipalities BLEAMS RD WILSON AVE HIGHWAY 8 Sportsworld Drive PIONEER TOWER RD MAPLE GROVE RD HIGHWAY 8 FOUNTAIN ST N EAGLE ST N HIGHWAY 401 Hespeler/Eagle PINEBUSH RD FRANKLIN BLVD h HOMER WATSON BLVD Grand River HIGHWAY 401 C a m b r i d g e KING ST E LANGS DR Cambridge Centre Mall BISHOP ST N HESPELER RD Hespeler/Can Amera CAN AMERA PKY Kilometers Rapid Transit Project Transit Project Assessment Process Rapid Transit System Location Map BLAIR RD K i t c h e n e r CORONATION BLVD Hespeler/Coronation AVENUE RD WATER ST N Ainslie Street Terminal Datum: NAD 83, Zone 17 Source: OBM, GRCA, ROW January 2012 Figure 1 1:65,000 This drawing has been prepared for the use of AECOM's client and may not be used, reproduced or relied upon by third parties, except as agreed by AECOM and its client, as required by law or for use by governmental reviewing agencies. AECOM accepts no responsibility, and denies any liability whatsoever, to any party that modifies this drawing without AECOM's express written consent.

13 The Core Environmental Features comprise of provincially or regionally significant environmental features. Policies under this section speak to the development of transit and utilities in the Region. Section 7.C.11 states that the construction, widening or upgrading of a road in or adjacent to a Core Environmental Feature, requires an EIS or other appropriate study. Section 7.G.4 outlines that an EIS is not required if the project is subject to an environmental assessment (EA). The EA must be site specific and include the larger scale environmental landscape in its review. Based on current Greenlands Network mapping in the ROP and GIS available from the Region, the proposed LRT alignment is within the vicinity of Core Environmental Features designated as Forest, Greater than 4 ha and wetlands designated by the Grand River Conservation Authority (GRCA). The abrt crosses the Grand River and is contiguous to Core Environmental Features designated as Environmentally Significant Valley Feature (ESVF), Environmentally Sensitive Policy Area (ESPA) 73, forest and an earth science Area of Natural and Scientific Interest (ANSI). However, the proposed alignment utilizes existing infrastructure and therefore, impacts are not anticipated. The ROP contains framework for assessing the significance of environmental impacts anticipated from infrastructure projects and balancing them against the demonstrated need for a project and the feasibility of implementing alternatives considered to have a lower environmental impact. The ROP also addresses Source Water Protection in Section 8. The Region is unique in the fact that three quarters of its drinking water supply comes from municipal wells. The proposed transit line crosses well protection areas categorized as level 4 (medium sensitivity), level 7 (low sensitivity), and level 8 (delineates the 10 year time of travel of the total land area contributing to the municipal drinking water supply well). These categorizations allow for the establishment of transit lines, as the line is located within a built-up area and there are supportive policies in the municipal official plans. However, an EA showing that the proposed use will not negatively impact the quantity and/or quality of drinking-water resources is required City of Waterloo The City of Waterloo is currently undertaking an update of its Official Plan. The current plan was approved in 1990 and last consolidated in In fall 2011, a draft Official Plan was presented to City Council with opportunities for public consultation. A revised recommended Official Plan is expected to be presented to Council in early Within its Official Plan, the City of Waterloo permits development in or adjacent to an area designated as an Environmental Constraint if it can be demonstrated that the change of land use will not adversely affect the natural environment protected by this designation. An EIS or EA is required as to the specifications set out by the Region in its Official Plan. Section outlines the steps and requirements of an environmental study which are reflective of the provincial EA process. Within the Environmental Constraint Area mapping, the proposed LRT alignment uses existing infrastructure that crosses One-Zone floodplain designations and a woodlot. In the One-Zone Flood Plains, no new development is permitted except for structures that provide flood or erosion control, which are normally associated with the management of the natural environment or are structures operated by a public authority that are flood proofed to the Regulatory Flood level and are approved by the City of Waterloo and the GRCA. Waterloo RT EIS Docx 4

14 The proposed LRT alignment is also within the Laurel/Clair Special Policy Area. This Special Policy Area is found within the historical centre of Waterloo where flood control is maintained through the use of a hydraulic floodway. Development must be confirmed with the GRCA and the City of Waterloo City of Kitchener The City of Kitchener is currently undergoing a review of its Official Plan. The existing Official Plan was approved in 1995 and last consolidated in A draft Official Plan was made available for public review and consultation in summer A revised recommended Official Plan is expected to be presented to City Council in The City of Kitchener s environmental policies are contained within the Natural Habitat Network section of the Official Plan. Section states that an EIS is required for any development in or adjacent to an environmental area in the Natural Habitat Network. However, any required EIS must be completed in accordance with the ROP. The proposed LRT alignment is within the designated Two-Zone Flood Plain Policy Area as shown in the Natural Resources mapping. The Two-Zone policies divide the flood plain into two distinct zones: the floodway, where no development is permitted; and the flood fringe, where a limited amount of development may be permitted, subject to appropriate floodproofing measures. The proposed abrt crosses areas identified as ESPAs and a One-Zone Flood Plain Policy Area. This portion of the study area uses existing infrastructure; therefore, no impacts are anticipated. The City of Kitchener Official Plan also designates locally and provincially significant wetlands. The proposed rapid transit system utilizes transit routes that are within the vicinity of locally significant wetlands. While minor infrastructure servicing is permitted, Section states that major development or reconstruction of the line may require that an EIS be completed City of Cambridge The City of Cambridge is conducting a review of its Official Plan. The current Official Plan was adopted in 1997 and was last consolidated in A draft Official Plan was made available for public review and consultation in summer 2011 with formal public consultation opportunities in fall A revised recommended Official Plan is expected to be presented to City Council in early The City of Cambridge includes natural environmental features under its planning framework of an Open Space System. The Open Space System includes natural environmental features of federal, provincial, regional and local level significance. Within this system, ESPAs have been designated. ESPAs are Regional designations which must be reflected in the Cities Official Plans. The City also has its own locally significant natural areas. Reflective of the Region s policy, Section states that the construction, widening or upgrading of a road in or adjacent to the core environmental area, requires an EIS or EA, provided that the EA fulfills the City s requirements for an EIS. The proposed abrt route is within areas identified as significant wetlands, but because it utilizes an existing infrastructure, impacts are not anticipated Grand River Conservation Authority The GRCA has the responsibility to regulate activities in natural and hazardous areas (i.e., areas in and near rivers, streams, floodplains, wetlands, slopes and the Lake Erie shoreline) through the Development, Interference with Waterloo RT EIS Docx 5

15 Wetlands and Alterations to Shorelines and Watercourse Regulation (Ontario Regulation 150/06, also known as the Generic Regulation ). The GRCA also works with municipalities to review development applications to ensure they meet local and provincial environmental standards. As the subject lands are adjacent to the Grand River, associated tributaries, wetlands and valleys, a permit will be required from the GRCA under the regulation and certain conditions such as setbacks from the valley top-of-bank will need to be met. GRCA will also act on behalf of the Department of Fisheries and Oceans (DFO) for requirements under the federal Fisheries Act. Waterloo RT EIS Docx 6

16 2. Physical Features & Functions The following section describes the physical features within the LRT study area. 2.1 Landforms, Surficial Geology & Soils To determine site geology, landforms and soils, background documents including geological, bedrock and soil mapping and aerial photography were reviewed and referenced. Bedrock layers were established in the study area during the Silurian period of the Paleozoic era approximately million years ago (Presant and Wicklund 1971). The bedrock in the northern portion of the City of Waterloo was formed in the upper Silurian period and consists of limestone, dolostone, shale, sandstone, gypsum and salt and is referred to as the Salina Formation (Ontario Geological Survey 1991). South of this region and spanning the rest of the study area is what is known as the Guelph formation which consists of sandstone, shale, dolostone and siltstone and was formed in the middle to lower Silurian period. Approximately 25,000-13,000 years ago, ice flows deposited what is known as till: an unsorted mixture of clay, silt, sand, gravel and boulders on top of the bedrock layer (Presant and Wicklund 1971). These ice flows formed the Maryhill Till along the eastern edge of the study area in Waterloo and consists of a silty-clay to clay matrix with a moderate to high carbonate content (Barnett et al. 1991). The Port Stanley Till formed by the Ontario-Erie glacier lobe consists of silt to sandy silt matrix that is strongly calcareous. It is the main till in the study area spanning from Waterloo through Kitchener to Highway 401. Glacio-fluvial outwash deposits make up the remainder of the study area southwards to Cambridge, they consist of mainly gravel and sand. The entire study area comprises various topographic features formed by the receding glaciers. These include eskers, drumlins and moraines the biggest of which is known as the Waterloo moraine located at the west end of the study area (Presant and Wicklund 1971). Much of the study area is developed urban land and lacks a clear record of the exact soil types along the proposed rapid transit system. Soil maps suggest that the western portion of the study area beside the Cities of Kitchener and Waterloo consists of mainly Brant-Waterloo soils whereas the eastern portion and southern portions of the study area consists of mainly Burford-Fox soils. Maps also show that soils lining the Grand River valley are composed of Grand-Kirkland soils while further south, in Cambridge, the soils change to Dumfries soil (Soil Research Institute 1971). 2.2 Topography & Drainage The study area is within the Laurel Creek and Schneider Creek Subwatersheds which form part of the larger Grand River Watershed. The Grand River drains an area of 6,800 square kilometres and is the largest in southern Ontario (GRCA 2009). It stretches approximately 300 km from its headwaters in Dufferin County near Dundalk to Lake Erie at Port Maitland. Waterloo RT EIS Docx 7