NORTH-SOUTH CORRIDOR LRT PROJECT (RIDEAU CENTRE TO BARRHAVEN TOWN CENTRE) ENVIRONMENTAL ASSESSMENT – TERMS OF REFERENCE
Report to/Rapport au :
Transportation Committee
Comité des transports
and Council / et au Conseil
1 June 2004 / le 1 juin 2004
Submitted by/Soumis par: Ned Lathrop, Deputy City Manager / Directeur municipal adjoint
Planning and Growth Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Vivi Chi, Manager / Gestionnaire
Transportation Infrastructure / Infrastructure des transports
(613) 580-2424 x21877, vivi.chi@ottawa.ca
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REPORT RECOMMENDATIONS
That the Transportation Committee recommend Council approve:
1. The Terms of Reference for the North-South Corridor LRT Project (Rideau Centre to Barrhaven Town Centre) Environmental Assessment; and,
2. The direction of Staff to submit the Terms of Reference to the Minister of the Environment for approval in accordance with Section 6 (1) of the Ontario Environmental Assessment Act.
RECOMMANDATIONS DU RAPPORT
Que le Comité des transports recommande au Conseil d’approuver :
1. le cadre de référence de l’évaluation environnementale du projet de couloir nord-sud du train léger (du Centre Rideau au centre-ville de Barrhaven);
2. l’injonction au personnel de soumettre le cadre de référence au ministre de l’Environnement pour approbation conformément à l’article 6 (1) de la Loi sur les évaluations environnementales de l’Ontario.
BACKGROUND
On 26 February 2003, City Council approved the Rapid Transit Expansion Study (RTES), which identified the recommended rapid transit network component for the Transportation Master Plan. The first priority project was identified as an LRT line operating on the existing O-Train corridor with extensions to Rideau Centre and Limebank.
On 24 September 2003, Council received a follow-up study entitled the Ottawa Rapid Transit Expansion Program (ORTEP) Implementation Strategy, which outlined a detailed work program for the overall rapid transit expansion program. This document included direction to proceed with the Environmental Assessment (EA) for the North-South Corridor LRT Priority Project (Rideau Centre to Limebank), a project with an estimated cost of $750M.
On 21 January 2004 Transportation Committee approved the Statement of Work (SoW) for the EA study. It described the City’s intentions with respect to the methodology, public consultation and deliverables for the study, and formed the basis for a detailed Request for Proposals (RFP) to select a consultant in accordance with the City’s purchasing by-law for consultant services. Through this process, on 31 March 2004, the team of McCormick Rankin Corporation/Hatch Mott MacDonald (MRC/HMM) was appointed as the EA study consultant. The study will be completed within 18 months, with the final Environmental Assessment Report ready for submission to the Ministry of the Environment by end of September 2005.
DISCUSSION
Change of Study Limits
The study limits set out in the approved SoW extended from the Rideau Centre to Limebank, and westerly to incorporate a future Rideau River transit crossing. However, the recent joint Federal and Provincial $600M funding announcement (14 May 2004) included an additional extension to the Barrhaven Town Centre. Although this LRT link was included in the overall rapid transit network, the RTES and ORTEP Implementation Strategy did not envision it to be required until closer to the end of the 20-year planning horizon.
Based on the funding announcement, it became necessary and prudent to include the Barrhaven connection as part of the EA study limits. It is expeditious to study this link now in order to leave options open for future decisions on implementation staging.
Terms of Reference (ToR)
This project is subject to the Ontario Environmental Assessment Act (OEAA) and is being carried out as an Individual EA. In accordance with section 6 (1) of the OEAA, the first step in undertaking an Individual EA is the mandatory preparation and Ministerial approval of a Terms of Reference (ToR).
When the requirement for a ToR was added to the OEAA in 1997, it was envisioned that proponents would be able to scope the issues and the range and types of alternatives to be examined as part of the Individual EA. Thus screening of alternatives would be carried out as part of the ToR development. However, in June 2003, a Division Court of Ontario made a decision related to the interpretation of the Act (Richmond Landfill), rendering the Minister of Environment unable to approve a ToR that limits the range and types of alternatives to be studied in the EA. Since that Court decision, the Ministry of the Environment (MOE) has advised proponents that a ToR must be a document that is general in nature and, more importantly, it must not draw conclusions to the final outcome of the study. Furthermore, MOE advised that the ToR should be limited to approximately 20 pages.
Thus, the ToR for the North-South Corridor LRT Project (refer to Document 1) can only provide the basic framework for preparing the EA, outlining what will be studied to ensure that all aspects of the OEAA are met, and serving as a benchmark for its review. It describes the methodology for conducting the EA, including:
· A preliminary identification and description of the alternatives to the undertaking;
· A preliminary description of the study area and the existing environment;
· A description of the consultation undertaken during the ToR preparation;
· A work plan outlining the study process and activities to be carried out in the EA;
· A description of the consultation to be conducted during the EA study process;
· Other approval requirements; and
· A commitment to carry out compliance monitoring.
The ToR sets out minimum requirements, yet it allows flexibility to respond to new information and circumstances as they emerge during the course of the study. This assignment will also coordinate Federal and Provincial environmental assessment requirements in order to minimize duplication, and to coordinate the technical and consultation requirements.
ToR Approval Process
Upon Committee and Council approval of the ToR, the City will submit the document to the MOE. The MOE will post the ToR on the Environmental Bill of Rights Registry, thus initiating a 12-week approval period that incorporates a 30-day public and agency review period. By the end of the approval period, the Minister must render a decision. Once the Minister approves the ToR, the City can proceed with the EA in accordance with the ToR. This is the first statutory decision by the Minister in the EA planning and approval process.
If the study’s tight timelines are to be met, it should be noted that the study must continue with investigations during the wait for ToR approval. However, formal public open houses will not be conducted until approval of the ToR is received.
ENVIRONMENTAL IMPLICATIONS
As set out in the ToR, the EA study will address all issues pertaining to environmental implications (physical and natural environments, as well as social and economic). Appropriate mitigation measures will be developed and post-mitigation environmental impacts will be identified.
CONSULTATION
A draft ToR document was prepared and discussed with the various study consultation groups (public, agency, business). The ToR presented herein incorporates all relevant feedback and comments received through consultation.
It should be noted that the 14 May 2004 Federal and Provincial funding announcement, which described the additional connection to Barrhaven, occurred after the study team’s meetings with the consultation groups (12 and 13 May 2004). Representation from Barrhaven was not included in the original list of the Public Consultation Group (PCG) membership. However, a discussion with the ward councillor has since taken place and the PCG will be augmented to include Barrhaven community groups, along the proposed corridor, for future consultation meetings.
MOE/CEAA Liaison
On 16 April 2004 the study team met jointly with representatives from the MOE and the Canadian Environmental Assessment (CEA) Agency to discuss the specific EA requirements to ensure compliance with both the Provincial and Federal EA Acts. Since a project has not been formally identified through the Ontario EA Process (i.e. the EA itself has not yet been completed), the CEA Agency noted that it was premature to formally initiate the Federal EA process. In the absence of formally triggering the Federal process, the CEA Agency agreed to provide a summary of potential Federal interests before fieldwork commences to minimize potential data gaps.
The MOE and CEA Agency agreed to review an early draft of the ToR in order to obtain feedback on its intended scope and, more specifically in light of the MOE’s current understanding of the Richmond Landfill decision, the extent to which the project could be defined therein. A coordinated response was provided on 6 May 2004. Based upon the advice received, the document was modified into the draft ToR that was made available for broader stakeholder consultation.
NCC Liaison
On 3 May 2004 the study team met with representatives from the NCC to introduce the project, review the approach to coordinating the Federal and Provincial EA requirements, and discuss issues of concern. NCC staff agreed with the City’s proposed coordinated approach, and advised that presentations to their Advisory Committee on Planning, Design and Realty (ACPDR) will be required during the later stages of the project.
NCC staff advised that their concerns revolve predominantly around the integration of an additional rapid transit corridor within the downtown – with a stated preference to having all downtown transit functions consolidated within a common corridor. They also re-iterated the importance of co-ordinating the efforts of this study with the pending NCC-led Interprovincial Rapid Transit Integration Study, which they intend to initiate once all funding commitments are in place. While actual interprovincial connections are outside the scope of this EA, the City is committed to ensuring that results from this study would not preclude any options for future integration with interprovincial transit connections.
Consultation Group Meetings
Initial meetings were held with the Public Consultation Group (PCG), Business Consultation Group (BCG), and the Agency Consultation Group (AGC) on 12 and 13 May 2004 to introduce the project and to discuss and solicit feedback on the draft ToR. The study team emphasized the aggressive study schedule that must be respected if this project is to be implemented as quickly as possible. Cooperation from all participants to make this a high-priority undertaking was requested.
In general each group supports the project and concurs with the City’s approach outlined in the draft ToR. However, some participants were concerned that the tight study timelines will not provide sufficient time for review and comment on study materials. The study team respects this comment and endeavours to provide as much review time as practical. It should be noted that Committee and Council have expressed a clear desire to have early LRT operation in the corridor, and thus all opportunities to shorten the planning timelines must be investigated. Following the consultation meetings, a memo re-iterating roles and responsibilities, and critical need to adhere to the study timelines was prepared and distributed to all participants.
Public Open House (POH)
Two Open Houses were held to introduce the study to the general public and obtain feedback on the draft ToR. These meetings were held on 19 and 20 May 2004 at Ottawa City Hall and the Jim Durrell Centre respectively. Public notification of the POH Meetings appeared in the Citizen, The Sun and le Droit the two consecutive weeks prior to the events, and on the City’s website.
Approximately 40 people attended each of the POH meetings – low numbers but not surprising given the process-oriented subject matter at this early stage of the study. A total of 29 comment submissions were received. A summary of the feedback received appears below.
Project Web Site (ottawa.ca/lrt)
A project web site was established to inform the public of the study progress and findings, advise of upcoming meetings or activities, and to provide a point of access for consultation and feedback. Posted information included the draft ToR, the POH display boards, and a form for submitting feedback on the draft ToR. The web site also contains links to relevant background studies such as the Transportation Master Plan (TMP), Official Plan (OP), as well as the Provincial and Federal Environmental Assessment Acts.
Summary of Consultation Feedback
Public and agency response to the draft ToR was generally positive. There were a number of editorial suggestions that have now been included in the final ToR. In addition to those, the most common questions and the City’s responses include the following:
Shouldn’t the ToR be more detailed and specific?
As advised by the Ontario MOE, the ToR must be a general document that does not preclude options nor draw conclusions to the final outcome of the study.
Why must the EA study undertake reviews of technology since this was resolved through RTES?
The study must document all aspects of the EA process, even aspects which appear to have been resolved through other studies. The EA documentation must be complete and rationale for previous decisions must be documented and examined in the context of the EA process.
The study area should be extended to Gatineau to allow for an LRT extension across the Prince of Wales Bridge.
The approved study Statement of Work emphasizes that this EA will be co-ordinated with the proposed NCC-led Interprovincial Rapid Transit Integration Study (not yet started). This EA study will make sure that options for interprovincial transit connections are not precluded.
Why has the study area been extended to Barrhaven ?
The recent Federal/Provincial funding announcement included a link to the Barrhaven Town Centre. Including this work in the current EA study will expedite the planning process for this section now and leave options open for future implementation decisions.
What is the role of the study Consultation Groups?
The role of the three study Consultation Groups is to provide input, opinions and interactive dialogue with the study team on behalf of identified ratepayer associations, public groups, business associations, and internal and external city and government agencies.
Why not use the VIA line to get transit service to Barrhaven?
In the development of the City-wide rapid transit network, the VIA line corridor was considered as a possible candidate for LRT operation to Barrhaven. Based on a number of factors and the assessment described in the RTES, the corridor was eventually excluded from the final rapid transit network. Rapid transit service to Barrhaven would be provided by the Southwest Transitway Extension and by the LRT linking the Town Centre to the community of Riverside South.
A detailed consultation summary appears within the attachment of the Proposed Terms of Reference (Document 1).
FINANCIAL IMPLICATIONS
The study scope will be expanded to include the Barrhaven Town Centre extension, which will include consideration of alternative alignments and station locations; park & ride needs and proposed locations; grade separation requirements; urban integration within the future Barrhaven Town Centre; integration with the future Southwest Transitway BRT extension; and, supporting infrastructure requirements. This scope change will also include a requirement from Transport Canada to undertake a specific modeling exercise (Transdec) to support the federal funding announcement. In total, the study budget will be increased by $370,000, resulting in a revised total study limit of $2,744,248. Funding is available within the 2004 Capital Budget, Order No. 902973 – Smart Growth Rapid Transit Environmental Assessment Studies.
SUPPORTING DOCUMENTATION
DISPOSITION
Following Council endorsement, the Terms of Reference will be submitted to the Ontario Minister of the Environment for approval.