Submitted to: NYX CAPITAL CORP. 1131a Leslie Street, Suite 201 Toronto, Ontario M3C 3L8 Attention: Mr. Tim Jessop Development Manager

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1 New Development Setback Assessment in Proximity to Railway Corridor Orangeville Brampton Railway Proposed Residential Development at 12 Henderson Avenue, Brampton, Ontario Submitted to: NYX CAPITAL CORP. 1131a Leslie Street, Suite 201 Toronto, Ontario M3C 3L8 Attention: Mr. Tim Jessop Development Manager Submitted by: Stephenson Engineering Ltd Victoria Park Avenue, Suite 602 Toronto, Ontario M2J 5A9 Reference No. 201

2 Table of Contents 1. Introduction 1 2. The Site 1 3. Standard Mitigation Measures 2 4. Railway Classification for Application of Standard Impact Mitigation Measures 2 5. Building Setback for New Developments 2 6. Safety Barriers - Earthen Berm 3 7. Conclusions 3 8. References 4 APPENDIX A Site Plan -Proposed New Development Property layout Elevations for Berm Detail and Sections

3 Page 1 of 4 1. Introduction Stephenson Engineering Ltd. (Stephenson) has been retained by NYX Capital Corp. to review the minimum setback and safety barrier requirements for the new proposed residential development adjacent to the Orangeville Brampton Railway. The purpose of the proposed setback and earthen berm barrier is to comply with the requirements of Orangeville Railway Development Corporation (ORDC) policy for the environment railway setback. Outlined below is the summary of our review and study. Stephenson Engineering Ltd. carried out the following work: 1. Reviewed the available information provided by NYX Capital Corp., including proposed site plan layout, cross sections of the site and proposed Earthen Berm barrier and elevations prepared by Crozier & Associates Consulting Engineers. 2. Review the reports for Railway vibration and noise assessment prepared by Valcoustics Canada Ltd (VCL) for the proposed residential development. 3. Checked the proposed site layout with the Policy on the Environmental Protection of New Residential Development Adjacent to The Orangeville Brampton Railway and also with the Guidelines for New Development in Proximity to Railway Operation prepared by The Federation of Canadian Municipalities and the Railway Association of Canada. The focus of this report is to review the Minimum Berm and Setback required for the proposed development for safety purposes to minimize the possibility of resident affected by a derailment, collision or spillage as specified in the guidelines and policy by ORDC, FCM and Railway Association of Canada, the other mitigation measures and assessment of the Railway Vibration and Noise have been completed in VCL reports. 2. The Site The proposed development is located at 12 Henderson Avenue in the City of Brampton. The site is bounded by; The Orangeville- Brampton Railway (OBRY), with existing residential dwellings and commercial development beyond, to the east; Sheard Avenue, with a mix of existing residential and commercial development beyond, to the northwest; Haggerd Avenue South, with existing commercial/industrial operations beyond, to the southwest; and Vacant area, with exiting residential dwellings beyond, to the south.

4 Page 2 of 4 3. Standard Mitigation Measures Building setback and safety barriers should be considered as part of mitigation design. Safety Barriers reduce the risk associated with railway incidents by intercepting or deflecting derailed cars in order to reduce or eliminate potential loss of life and damage to property. The Standard safety barrier is an earthen berm which is intended to absorb the energy of derailed cars, slowing them down and limiting the distance they travel outside of the railway right-of-way. Combination of the minimum setback and the earthen berm barrier in standard mitigation measures are desired as minimum requirements. 4. Railway Classification for Application of Standard Impact Mitigation Measures Railway lines in Ontario are classified by railway companies based on the present and potential traffic using the line and other operating characteristic. The Orangeville- Brampton Railway line is classified as a Principal Branch Line. That describe as; Regular schedule traffic, usually is less than 5 trains per day Low speeds limited to 50 kph (30mph) Generally of light or moderate weight, with 1 or 2 power units per train 5. Building Setback for New Developments Based on Guidelines for New Development in Proximity to Railway Operation (Section 3.0 of the guidelines), the standard recommended building setback for new residential development in proximity to railway operations is; Principal Branch Line 15 Metres Setback distance must be measured from the mutual property line to the building face. This will ensure that the entire railway right-of-way is protected for potential rail expansion in the future, under typical conditions the setback is measured as a straight line horizontal distance. Figure - A

5 Page 3 of 4 6. Safety Barriers - Earthen Berm Where the required setback is provided, safety barrier is constructed as berm, which is simple earthen mounds compacted to 95% modified proctor. Setback and berm should be provided together in order to afford a maximum level of mitigation. Berm is to be constructed adjoining and parallel to the railway right-of-way with returns at the ends and to the following specification; Principal Branch Line: 2.0 Metres above grade with side slopes not steeper than 2.5 to 1 Figure B - Berm with side slope of 2.5 to 1 facing the railway There is no requirement for the proponent to drop back to grade on the side of the berm facing the subjected development property. The entire grade of the development could be raised to the required height or could be sloped more gradually; this concept is illustrated in Figure B above. 7. Conclusions Based on the proposed site plan layout and sections provided by NYX Capital Corp. for the proposed new residential development all the following minimum requirements have been met. Setback for Principal Branch Line 15 metres Principal Branch Line berm height and slope: 2.0 metres above grade with side slopes not steeper than 2.5 to 1 The proposed building setback and safety barrier (i.e. earthen berm) complies with the standard mitigation measures for a principal branch line and should be considered acceptable.

6 Page 4 of 4 8. References 1. The Railway Association of Canada. Guidelines for New Development in Proximity to Railway Operations. Ottawa, Ont.: The Railway Association of Canada and Federation of Canadian Municipalities. May, Policy on the Environmental Protection of New Residential Development Adjacent to The Orangeville Brampton Railway AREMA. Development of Crash Wall design Loads from Theoretical Train Impact. 2014

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