The City of London - Permit for activities to achieve an overall benefit to a species and/or to pay a species conservation charge (ESA s.17(2) (c))

On September 28, 2023, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to the City of London concerning Kentucky Coffee-tree, so it can rebuild and expand the Springbank Reservoir # 2 in London, Ontario.

The permit was issued under the Endangered Species Act, 2007 (ESA) and authorizes the City of London to:

• kill, harm, possess, and transport Kentucky Coffee-tree individuals
• damage or destroy up to 0.37 hectares of Kentucky Coffee-tree habitat

Protecting species under the Endangered Species Act

Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the ESA gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that require the City of London to undertake measures that will:

• minimize adverse effects to Kentucky Coffee-tree
• achieve an overall benefit for Kentucky Coffee-tree within a reasonable timeframe

Actions to minimize adverse effects to species

The permit requires the City of London to:

• train all tree removal staff on how to identify Kentucky Coffee-trees and where they are on site
• install temporary exclusion fencing around individual Kentucky Coffee-trees if other tree removal occurs before the Kentucky Coffee-tree can be moved to the overall benefit site where they will protected from any future development
• translocate all Kentucky Coffee-tree individuals to the overall benefit site
• ensure a Qualified Professional is present during all aspects of Kentucky Coffee-tree translocation activities
• monitor and maintain the translocated trees for five years after translocation

Actions to achieve an overall benefit to species

The permit requires the City of London to carry out actions achieve an overall benefit for the species within a reasonable timeframe. The City of London is required to:

• plant two Kentucky Coffee-trees at the overall benefit site for every one Kentucky Coffee-tree that is removed from the site
• install an educational sign at the overall benefit site near the translocated and planted Kentucky Coffee-trees to increase public knowledge on Kentucky Coffee-tree
• submit a report through the Canadian Urban Forest Network (CUFN) Listserv on the methods, results, and effectiveness of the translocation project

The overall benefit activities are intended to result in:

• maintaining the distribution of Kentucky Coffee-tree in its natural range in Ontario and allowing it to reproduce in a protected location
• promoting local awareness about Kentucky Coffee-tree, its habitat, its threats, its protections, and conservation methods
• increasing knowledge on best practices for moving, planting, and ensuring the health of Kentucky Coffee-trees, and potentially reducing the number of trees killed in future translocation projects

Government response statement for Kentucky Coffee-tree

Ontario has published a government response statement (GRS) under section 12.1 of the Endangered Species Act, 2007 with respect to Kentucky Coffee-tree. You can access this statement through the ministry’s website: Kentucky Coffee-tree government response statement | ontario.ca

Consideration was given to the GRS and proposed permit conditions align with the objectives in the GRS, including:

• using and studying planting and management techniques for planting Kentucky Coffee-tree seedlings
• sharing information on translocating and planting techniques
• promoting awareness among private landowners about Kentucky Coffee-tree

Other information

The following reasonable alternatives, including alternatives that would not adversely affect the species, were considered:

• not going ahead with the proposed development
• constructing the new reservoir at a different location at the same site
• constructing the new reservoir at a different site

The best alternative, which has been adopted, includes a plan to:

• save the Kentucky Coffee-trees on site
• allow construction to take place at the same location as the current, aging reservoir

This alternative strikes a balance between achieving the project’s objective of constructing a new reservoir while limiting the adverse effects to Kentucky Coffee-tree.

The other alternatives, to not going ahead with the project or build the reservoir at a different site, were determined to:

• not meet the size needs for the reservoir
• not reduce the impact on species at risk
• have significant technical limitations likely cause negative impacts on the surrounding environment and communities