Informational Meeting Held at Spring Lake Park

With completion in sight, neighborhood residents and others are looking forward to a community setting of park green spaces, improved public access, woodland, wetlands and especially a new 1.5 acre pond at Spring Lake Park in south Omaha.

"This effort is a monument to the people that have worked on this project through the years," said Janet Bonet, president of the Spring Lake Neighborhood Association. She noted that initial efforts began in the 1980s, and that many people involved during those first years are no longer alive. The park will be a place for new generations, she said.

Work on CSO! project features will begin within Spring Lake Park in the next week or two. The biggest project will be excavation of about 25,000 cubic yards of dirt to create the pond, which will be 15-20 deep and stocked for fishing. A 21-vehicle parking lot with a bioretention garden will be placed west of the north end of the pond. The old combined line through the lowland north of F Street will either be removed or suitably abandoned.

Work is already underway on provided the drainage tube under F Street for the pond. Progress of the boring has been hindered some by a historically constructed structure which was buried within the embankment.

Other attendees asked questions and made suggestions. One idea was to get project participants to cooperate on a "final cleanup" to remove all the tires and trash before the park reopens, following the completion of the current construction phase.

Once the public can reuse the park, we "need to have a community effort to keep trash and tires out," Bonet said, and "build ownership of being good stewards of the park and its neighbor."

Soon, the Omaha Parks and Recreation Department and the project construction company will be posting regulatory signs to indicate it is illegal to enter portions of the park where work is underway. Rather than closing the entire park, a suggestion was made to mark only particular areas (i.e., with something like "Construction Area - Keep Out" rather than the more exclusive "Park Closed" signage as was mentioned by officials), so other sections of the park can continue to be visited. The second option was affirmed by members of the audience.

Officials associated with the project provided these details and others - including an update on street closures including the status of now closed southern extent of Spring Lake Drive - at an informational meeting at the clubhouse of the park golf course on Saturday morning, March 28th. Besides about twenty community members, also present were representatives from the community outreach organization, the contractor Roloff Construction, the project design company (HDR) and Omaha Public Works. Following the inside gathering, about a dozen people took advantage of an outside view of the project from F Street, south of where the pond will be built.

Work is beginning in the park since sanitary line construction has been mostly completed in the adjacent neighborhoods, construction officials said. This work included the construction of five below-street features that will capture grit, trash and other debris from the streets, before it can wash into the park. These containment structures will be periodically cleared out by Public Works.

As part of the project, about 4300 pounds of illegally discarded tires were hauled away within the past couple of weeks, after having been gathered during the previous months. Several other sites which have been long-term piles of discarded material on private property at the park's western fringe have also been cleaned up.

A bid for the initial landscaping efforts is expected to be selected in later April by the city of Omaha. Plans are to plant a variety of trees, perennials and ground cover, and wetland plants at outlying parks and a southern portion of Spring Lake Park. The majority of plantings within the park will occur in 2016.

Construction of this Phase One portion of the CSO! project will be completed by autumn 2015, or early in 2016. Phase Two is expected to then begin in 2018, with an initial public meeting in the autumn of 2015.

Tree Plantings 2015

These are the deciduous (14 species), understory (four species) and coniferous (four species) trees to be planted in 2015, according to the preliminary plan issued by Public Works:

• Spring Lake Drive in the southern extent of Spring Lake Park (34 deciduous trees): northern red oak, American sentry linden, shingle oak, accolade elm, prairie pride hackberry, triumph elm, bur oak, kentucky coffeetree and thornless honeylocust
• Twenty-third Street and Interstate 80 right-of-way (seven trees): northern red oak, bur oak, chinkapin oak and black hills spruce
• J Street and 12th Street (one tree): bur oak
• Missouri Avenue to Gibson Road (53 trees and 32 understory on the east side of 13th Street): swamp white oak, northern red oak, tulip tree, American sentry linden, shademaster honey locust, chinkapin oak, triumph elm, shingle oak, eastern redbud, autumn brilliance serviceberry
• Rudy Novacek Memorial Garden (five deciduous trees and six understory trees): triumph elm, goldenrain tree, Japanese tree lilac, autumn brilliance serviceberry
• Bob Campos Soccer Complex at 33rd and Q Street (17 coniferous and deciduous trees and eleven understory trees): bur oak, tuliptree, accolade elm, black hills spruce, autumn brilliance serviceberry, eastern redbud
• James F. Lynch Park at 21st and Martha Street (53 deciduous and coniferous trees and six understory trees): northern catalpa, swamp white oak, tulip tree, northern red oak, prairie titan kentucky coffeetree, American sentry linden, shademaster honeylocust, concolor fir, norway spruce, douglas fir, black hills spruce, eastern redbud, autumn brilliance serviceberry, Japanese tree lilac
• Spring Lake Park golf course (31 total trees): shademaster honeylocust, tulip tree, American sycamore (five), American sentry linden, norway spruce, concolor fir, black hills spruce (four), autumn brilliance serviceberry and eastern redbud

Bird Variety

There were sixteen species of birds noted during a pre-meeting jaunt among the north F Street portion of the park. Most notable were the many male Northern Cardinals - vivid in their bright red plumage - and a single Brown Creeper and the vibrant song of a Carolina Wren.

Demise of a Wren's Winter Haven in the Hollow

As a feathered mite of the great north arrived at its winter quarters soon after the first chills of autumn, it found a safe place among the canopy of trees around ever-flowing groundwater springs. This haven in the woods were a haunt where it had already spent previous winter seasons.

Each day of the 2014 autumn it ventured among the space, in search of a tasty bit, chittering along its way. As each of its needs for food, shelter and water were met, the little wren settled in to spend the next few months of its life-cycle, so it could then mightily fly northward in early spring to return to the boreal breeding grounds.

As the Winter Wren foraged about during one day, great noises were soon readily heard, though not understood. The sounds meant nothing to the little bird, but its fate was closely twined with the encroachment. The wren felt the earth rumble among its space at Spring Lake Park. There was an incessant whine heard as stately trees of many sorts were deliberately cut down with intent, though the bird had no known cognition of the sounds of a chainsaw. There were nearly constant, mutted thuds as portions of large trees fell heavily to the ground. Many trees were just torn from the ground in their entirety. All the woody debris was then carried away and piled for eventual chopping into mulch by huge mechanical equipment. Indifferent men working for measly dollars operated the machines, as defined within a contract of basic words on paper, as certainly signed by bureaucrats.

Nearly day-after-day, week after week, activities of destruction continued, unabated.

The wren responded in its own way, as its habitat was incessantly destroyed with intent for the supposed benefits of people completely ignorant of the life and ways of wrens in these woods. A cousin, the Carolina Wren was also losing habitat, along with so many other species of wild birds.

View northward from F Street into Spring Lake Park. Photo taken 30 November 2014.

The unexpected noises came closer and closer to the wren's haven in the hollow. Soon the woody deadfall and tree places that were once a place for this bird to forage, disappeared. Places where the flow of springs meant open water that provided tidbits to eat were simply gone, replaced by a vast expanse of barren ground devoid of any sort of vegetation.

As its habitat diminished, bit by bit, the wren kept to a smaller, safe haven within the park's remaining green space. By the end of November, its winter quarters were just one tiny portion of a hollow, north of F Street in the park. The expanse was too small to provide sufficient food. The distance to the next best place to forage was far away, in comparison to the birds small size, and yet further away to the south there was a protected spring that still flowed.

This little wren was enjoyed by a watcher at the end of November in 2014. It chirped and displayed as its species is wont to do during the winter-time months in Omaha. The active bird was the best moment during the birdmans stroll among the woodland destruction. It was perched upon a log in a "safe" hollow and was so expressive. The watcher knew that this portion of the park was once a haven for other winter wrens, but the situation for the last wren was obvious on a Saturday morning.

The lowland habitat of north F Street habitat was mostly destroyed. Lath markers on the south side of F Street indicated further clearing along the flowing brook where Winter Wrens had previously been seen on different, seasonal visits during the past decade. These tiny birds were certainly there previously, but no one took the time to look and appreciate this minuscule denizen of the park.

Whether enough suitable habitat remains for the Winter Wren to survive the harsh days of frigid winter is known only to the little bird. The City of Omaha has effectively decimated prime habitat for this species. Further work will continue the destruction south of F Street. City of Omaha officials and some residents of the Spring Lake vicinity have approved the destruction.

The wren did not have a vote about this CSO! project, yet it and an entire other multitude of birds suffer the most due to a loss of habitat. There will be no replacement of the springs in the cleared hollow, as it will become a pond. The northern extent will eventually become a stormwater retention facility.

The community has already "sung" praises for the result, since they expressed words of support at public meetings.

There were few speakers for the birds when City of Omaha officials, in their blah suits and ties spoke at public forums. There were no sorts of feathered beings present, as it is obviously impossible for them to present any sort of comment or perspective. The CSO! project manager and other City of Omaha officials appear to be indifferent to birds, rather being focused on cost analysis, available sites for projects, completion of goals, filing reports, etc.

The Winter Wren will strive to survive, though the habitat where they formerly survived will never be replaced.

A similar situation can be conveyed for the east side of Westlawn cemetery. What was once a place for this species of wren is now a desolate place, without any indicative winter birds, because of the complete removal of trees associated with a CSO! project, as partially funded by the Nebraska Environmental Trust.

As far as the wild wrens and other wild birds, they have no choice but to deal with what the mighty men force upon the land.

Birds get little respect as they suffer the most from loss of habitat. They don't understand what is happening, and are forced to adapt in their manner.

The "fat-cat bureaucrats" get a regular check every week to nourish their needs, ensconced in big houses. They get paid to destruct places so important to birds!

Yet, the birds are forced to change their ways to suit the incessant demands of people upon the land.

At Spring Lake Park, so many wild birds need to find new sources of food. Nuthatches wonder what happened to a tree upon which they had once found something to eat. A Red-bellied Woodpecker has a similar sentiment. And, alas, the little wren has been forced to find a new haven.

---

December 4, 2014.

There may be more bird species present once this project is completed simply because of the addition of the pond which will attract waterfowl, especially, perhaps, the Wood Duck. There may also be an addition of a wetland meadow situation north of the pond. However, for the next decade, there will be a lesser extent of woodland species simply due to the loss of woodland habitat. If someone is going to make an alternative claim, they need to provide the basis for their comment, and that is not achieved through an anonymous post.

Comments are appreciated, but anonymous postings are not preferred, as they inhibit a dialogue.

CSO! Project Construction at Adams Park

Construction of CSO! Project features has started at Adams Park, in north Omaha. Nearly all of the former features at the low-lying area on the west side of the park, including the overlook, sidewalks, vegetation, etc. have been removed or demolished.

Construction crews are currently placing massive water conduits along the west side of the trees, on the east side of the low-lying area.

All features associated with the former Gabrielle Union Pond, have or will soon be completely removed.

Photographs taken October 8, 2014.

The pipestand in the foreground is the only remnant of the former ballfields.

The barren area where there was formerly a ballfield and parking for park visitors.

The remaining cement structure of the former bridge over the water area on the west side of the Gabrielle Union Pond.

Another view of the former ballfield area.

This is a view of the current mud, with a relict sign which once said no swimming. All of the vegetation, including trees, has been removed.

This is the site of the demolished overlook on the east side of the former Gabrielle Union Pond.

The current condition of the former pond, and the pump being operated to remove the remaining water. There will be no wetland remaining and all wetland vegetation and other features will be removed. A roadway is proposed for construction through this area.

Another view of the wetland removal underway.

A graphic of the final project design is available online in association with CSO! project information. This is an optimized rendition of the project features as proposed upon its completion.

Information on the park project, as presented in December 2012.

Plantings Failure at Saddle Creek CSO! Project

There has been an entire growing season associated with the numerous plantings at the CSO! project site on the east side of Westlawn Cemetery.

Because of the importance of an effective growth of the numerous trees and shrubs to replace the vegetation removed for the project, this area was visited to evaluate the status of the plantings.

An informal evaluation was done 22 September of 100 plantings. There was nothing scientific in this evaluation, but it was done strictly for comparative and informational purposes.

The contents were noted for the randomly selected plantings on the upland portion of the project site, east of the former creek. A number was marked on the wooden lathe of the planting, to make certain a feature was not noted twice. None were checked on the lowland, in order to not disturb the Wood Ducks present in the water of the stormwater overflow sites.

A majority of the plantings did not contain any suitable plant growth, as intended. The contents observed were grouped into four basic categories:

• Weeds of various sorts (39 of 100, so 39%)
• Empty, including cobwebs and barren twigs (36%)
• Oak sapling, most of which were less than 6 inches in height (24%); there was only one sapling with any ample growth and it seemed to be only about one foot in height
• Miscellaneous, which was one tube that contained an active wasp hive (1%)

A lot of Omaha money and time was spent on getting these plantings in place. Funding was also provided by the Nebraska Environmental Trust.

Obviously the effort was not a success, based upon this brief evaluation.

Planting Contents

This is a list of the results:

Planting Number: Details 1: empty 2: weeds 3: weeds - clover 4: empty 5: tiny oak 6: empty - cobwebs 7: tiny oak 8: weeds 9: empty 10: weeds - grass 11: weeds - grass 12: weeds, cobwebs 13: weeds - grass 14: empty 15: weeds, cobwebs 16: tiny oak 17: weeds - grass 18: empty - cobwebs 19: tiny oak 20: weeds - grass 21: weed - podweed 22: wasp hive with the insects present 23: tiny oak 24: tiny oak 25: empty 26: empty (barren twig) 27: tiny oak 28: tiny oak 29: empty 30: weed 31: oak, about 1 foot height 32: empty 33: weed - podweed 34: empty (barren twig) 35: weed 36: tiny oak 37: weeds 38: empty 39: empty 40: empty 41: empty 42: weeds 43: empty 44: weeds 45: empty 46: tiny oak 47: empty 48: empty 49: tiny oak 50: tiny oak

51: tiny oak 52: empty 53: tiny oak 54: empty 55: weeds 56: weeds - grass 57: empty 58: empty 59: empty 60: weeds - grass 61: weeds 62: weeds 63: small oak 64: empty 65: small oak 66: small oak 67: empty 68: empty 69: weeds - grass 70: tiny oak 71: weeds - grass 72: weeds - grass 73: weeds - grass 74: weeds - grass 75: weeds - grass 76: weeds - grass 77: weeds - grass 78: weeds - miscellaneous 79: weeds 80: weeds 81: weeds 82: weeds 83: small oak 84: empty 85: empty 86: tiny oak 87: weeds 88: empty 89: empty 90: small oak 91: empty 92: weeds 93: empty 94: tiny oak 95: tiny oak 96: empty 97: weed - ragweed 98: weeds - grass 99: empty 100: empty

Larger trees are doing well at the north end of this portion of the Saddle Creek project site.

Examples of vegetative conditions at the project site, especially indicating instances of weeds growing where they should be other plants sprouting.

Bird Variety

While working, a list of the birds seen and heard was also kept, and along the drainage way, on the east side if the cemetery, were these nineteen species: Wood Duck, Mallard, Cooper's Hawk, Mourning Dove, Red-bellied Woodpecker, Downy Woodpecker, Northern Flicker, Least Flycatcher, Blue Jay, Black-capped Chickadee, White-breasted Nuthatch, House Wren, Marsh Wren, Eastern Bluebird, American Robin, European Starling, Cedar Waxwing, Northern Cardinal, American Goldfinch.

Problems With Omaha CSO! Project at Spring Lake Park

Email details indicated problems associated with the CSO! project at Spring Lake Park including the presence of mud in the spring-associated wetlands north of F Street and disposal of the slurry from washing out cement trucks, where two primary concerns indicated.

According to other emails, project supervisors indicated on Friday that the cement slurry had been removed, and that there was no mud in the wetland in the hollow north of F. Street.

The following are definite problems noted during an evaluation visit on the morning of Saturday, August 23. These conditions were indicated in Saturday email to Janet Bonet, president of the Spring Lake Neighborhood Association, and an environmental inspector for Public Works.

1) Mud washed into west end of hollow from the park entryway there up on the slope

2) Concrete washout disposal on the south side of the hollow at its west end; the length of a plume more than 40 feet in length indicates dumping occurred there multiple times. When will this be removed? Any indication that the concrete washout material has been removed is simply in error, as documented by photographs of this plume on the 23rd.

3) Fresh mud in the west end of the designated wetland area

4) A need to reset stakes and tape to readily mark protected ground, as the tape is not now adequate and some of the stakes are falling over

5) Mud in the wetland at the east end, west of the huge berm at the stormwater drain. Its occurrence is readily obvious by it being associated with marked tape and stakes indicating the wetland.

6) Sewer blocker barriers not adequately kept in primary condition; the one on the south side of F street has a 4-6 inch gap

7) Excessive pile of mud and rock on F Street which is about ready to overflow and then cause potential problems

8) South side of F Street near park entrance, the fence is not adequately maintained

[End of email items.]

9) A hole along the curb on the south side of F Street, near the park entrance.

After having asked the Corp of Engineers to look into the mud in the wetland area, they were also sent a photo of mud in the indicated wetland. This mud is illegal fill and a violation of the Section 404 permit. They have been asked to look into the situation and take appropriate action.

There has been no response to me by Public Works officials, despite having sent several communications via email and phone to Robert Stubbe, department director, James Theiler, CSO program coordinator, and Andy Szatko, city environmental inspector.

This information has also been indicated to the Nebraska Environmental Trust, with the comment that "This is not how a project is done in an environmentally sensitive area such as Spring Lake Park. Any further funding to Omaha Public Works should be withheld until there is an assurance that these problems have been adequately addressed and there is a valid assurance that the[se] sorts of things will not happen again."

The City of Omaha and its hired contractors have really violated the public trust with the CSO! Project at Spring Lake Park, by allowing these conditions to occur and remain in this unique park. Their communication has also been misleading or completely lacking, in some regards.

Habitat Restoration Sign Added at Elmwood Biogardens

While going past the CSO biogarden site on 23 August, a new sign that was vividly obvious at its north end. The message was basically indicating that the landscape space was a habitat restoration area and mowing would not occur.

Habitat restoration area seems to be some sort of new linguistics in city parlance. It is a grand thing for public officials to realize that there is more to the urban landscape than turf and trees. This bit of signage is indicative of landscape diversity, a feature so essential to any place.

The sign is a useful way to indicate to the public that the grass will not be mown. White markers have already been present to indicate boundaries on mowing.

The new sign reinforces the situation and intent associated with this green space. It may look unkempt but that is the purpose! And, as previously reported, the area is a wonderful place for flora, and some birds also appreciate the habitat features. The new sign even seems to feature a representational hummingbird.

The new sign is an important feature to indicate why the unmown grass is intentional, so the general public can realize that tall grass is a good thing, and not due to some lack of attention.

No information is available in regards to whom put up the sign. It was probably Omaha Parks, but the project is totally associated with Omaha Public Works. The sign was not present two weeks ago,

Whomever put it in place, the new sign further indicates an important feature in Elmwood Park, the blooming biogardens as a result of the Omaha CSO project.

Elmwood Park Project Wins Green Leaf Award

The Elmwood Park diversion project has been given the 2014 Green Leaf Award by the Omaha by Design group. They have a writeup with pictures at their website.

Some additional comments on the value of this project have been provided by Jim Theiler, the CSO Program Coordinator.

"1. The City, or specifically the Public Works and Parks Departments, and the design team for the CSO project, came up with a solution to a problem that benefitted the community in multiple ways:

"* Disruption to the residents in the neighborhood was reduced - by taking the flow into the park, less pipework was required in the residential area.

* Costs savings for the ratepayer – as noted, diverting the flows to the park reduced the amount of big pipes, and saved the City over $500,000.

* A new feature has been added to the park. We have provided the community something above ground that can be seen and enjoyed by the public.

"2. This project benefits the water quality of the receiving stream, notably the Little Papillion Creek. The completion of this project provided a link between two previously completed projects, and by doing this it removed the storm water contribution from a large area that contributed to the overflows at our Saddle Creek CSO outfall. Downstream of this project is the Aksarben Village redevelopment area. Public Works required the construction of new storm and sanitary sewers as a part of that redevelopment. These sewers were designed to accommodate the flows the flows from this area. In addition, a project completed in the early 1990’s in the upper parts of the basin included the construction of storm sewers in an area that experienced a significant amount of sewer backups into basements when it rained. This project tied all of that work together and removed the storm water from the Saddle Creek combined sewer. So when it rains, we have less sewage in the Little Papillion Creek because of this project. That is why we have a CSO Program – we are required by the Clean Water Act to reduce the impacts of our combined sewer overflows on the Missouri River and the Papillion Creek and its tributaries.

3. An additional benefit to water quality. At the upstream end of the Elmwood Diversion is a large structure that is maintained by the Sewer Maintenance Division. This structure captures some sediment and other pollutants that are in the runoff from the neighborhood, although some of that passes through the structure and is filtered out by the native grasses in the park. The primary responsibility of this structure is to capture trash and debris. This used to go to the creek when it rained; it is now captured and hauled away."

Flora Transforms CSO Space at Elmwood Park

Blooming flora is transforming the stormwater gardens at the east side of Elmwood Park, along 60th Street. Vibrant yellow colors now predominate what had formerly been nothing but an expanse of barren green grass. It is now certainly a place to enjoy the seasonal colors of a nice variety of plants.

During a visit to the site with Dr. David Sutherland, professor emeritus from the University of Nebraska at Omaha, he indicated the identity of many species of plants now in bloom, and which add a completely unique feature to the park.

The pinkish Joe-Pye Weed is "just beautiful" and "spectacular" Dr. Sutherland commented. Numerous bees and a very nice Monarch Butterly were appreciating the flowers.

He also noted there was "quite a bit of native species" present. The locale "looks quite good from a distance."

There is blooming Boneset, gayfeather, some Yellow Cone Flower, a limited extent of switchgrass and some Canada Wild Rye. The Swamp Milkweed was doing well, Dr. Sutherland noted. Planted trees including catalpa and hackberry were doing well.

"I love the idea of having Kentucky Coffeetree," Dr. Sutherland said.

There may be other species maturing as the season progresses.

One nice improvement would be the addition of more native grass species along the "upland edge" of the area. This is currently not mown on a regular basis, has some weedy growth and lingering brome. Adding species such as Big Bluestem, more Switchgrass and Indian Grass would only improve the botanical diversity and make the place even more attractive.

These are a few pictures taken at the the scene on August 13th.

A clump of Black-eyed Susan plants.

David Sutherland enjoying the flora at the Elmwood Park CSO! stormwater gardens.

Closeup of Joe-Pye Weed.

A patch of Joe-Pye Weed.

A colorful patch of partridge pea.

Autumn Phlox and its bit of floral color.

This is the storm water drain, near the north end of the project site. Just to the north of here, there is a small temporary pond with standing water.

Robins busy enjoying the water of the pond, with a goldfinch also visiting on the left side.

This is a view looking southward at the stormwater garden area.

As a reminder, this is what the swale looked like in October 2011.

The original plans for this project indicated a greater variety of plant species, but they were not seen.

A request had been made to Omaha Public Works to have someone present during this visit to help explain current conditions, but the city referred to a consultant who agreed to meet. That however, did not work out.

Clarifications on Spring Lake Park CSO! Story

A story on the CSO! project now underway at Spring Lake was issued May 20th in the Omaha World-Herald. It focused especially on the new pond to be created in the woodland hollow north of F Street.

The second half of the piece discussed the proposed "piping" of the spring-fed brook south of F Street. During my research on this, it became apparent that the City of Omaha Public Works Department proposed to place forty feet of the creek into a pipe, for dam safety reasons. I'd never suggested that the entire creek would be impacted.

It needs to indicated that the Public Works Department decided that F Street would be designated as a dam. This is according to a representative of the Department of Natural Resources of the State of Nebraska, responsible for approving pertinent parts of the project design. A city official, when asked, agreed with. A CSO! representative said that the option to bury the creek was being done primarily because of cost considerations. He also indicated in later March, that the public did not "have a choice" in the matter.

According to a phone call and email from Jim Theiler, the CSO! project manager, Public Works is "... getting close on pulling some info together on alternatives to have less impacts on the stream." This is according to an email received on May 9. This situation is reflected in the article, where Ned Tramp is quoted as saying: "We are exploring options to leave the stream south of the F Street embankment undisturbed."

The value of the Spring Lake Park for birds was prominently mentioned in the article, with Janet Bonet, president of the Spring Lake Neighborhood Association, strongly indicating the value of the park (its creek, springs and woods) for local avifauna.
Chris Burbach. May 21, 2014. Spring Lake Park - coming soon: new fishing pond. Omaha World-Herald 149(195): 1B-2B, with two pictures.

Public Meeting Held for Spring Lake CSO! Project

A large turnout occurred at the pre-construction meeting for the pending phase one the CSO! project at Spring Lake Park, in eastern Omaha.

"It is historic to have so many people" present, said Janet Bonet, president of the Spring Lake Neighborhood Association, and community coordinator for the project. The crowd meant a lively discussion.

The Spring Lake Project is a "signature project" for the Omaha CSO! effort, said Marty Grate, environmental services manager for the city. It will "improve water quality and provide amenities for the public." He also indicated that the "piping" of the creek south of F Street could not be discussed at the meeting.

Several other public officials and consultants then discussed various aspects of the project, including mitigation for removed trees, construction scheduling, road closures (a common concern), etc.

Tree mitigation will occur within Spring Lake Park, as well as nearby Lynch Park, the Campos soccer complex (at 33rd and Q streets) and Novacek Memorial park.

There were numerous comments made about tree removal during the time when questions could be asked; especially upsetting to some was the removal of "valuable" large oak trees that been so unique to the park.

Another notable topic was the pond to be created just north of F Street by removing the ground to a particular depth below the current surface-level. It will apparently be about 2 acres in size, with a maximum depth of 15 feet, with greater depths during water runoff events.

When asked when project plans and other associated documents would be available online, no date was given but the reply indicated this item will be a topic for further discussion between Public Works officials and their community involvement consultant.

Pre-construction meeting at Spring Lake Park golf course clubhouse.

Construction is expected to start May 6th.

This phase of the project is expected to be completed in the summer of 2016. Once finished, there will be no sewer lines through the park space, they will either be removed or filled with grout, according to officials.

Map graphic indicating the two phases associated with the CSO! project at Spring Lake Park. The green area is the current project, and the pink area indicates phase two.

About 75 people — including public officials — were present at the meeting at the golf course clubhouse on the evening of April 29th.

While waiting for the meeting to start, to people of the community were overheard discussing how the two electronic signs placed along Spring Lake Drive had originally indicated the meeting started at 6 p.m. The time was eventually changed to indicate the correct 6:30 p.m. start time.

Neighborhood Comments on Spring Lake CSO! Project

Comments from the Spring Lake Neighborhood Association

By Janet Bonet, president of the Spring Lake Neighborhood Association. This was a handout provided at the April 29 pre-construction meeting at the Spring Lake golf course clubhouse. Used with permission.

 

REQUESTS FOR THE SPRING LAKE PARK POND PROJECT

USE OF THE REPLACEMENT TREES

First, we feel there are far more trees and shrubs being removed that should have been counted as part of the replacement equation. It is the current thick canopy that is so important for the birds and we hope that the plantings done in the pond construction area will be finished in such a way that the birds will have as thick a canopy again so they return and thrive. We had nesting pairs of hawks and owls in the pond area for decades and it would be a shame if we never see them again. The Neotropical migration of grosbeaks, crossbills, orioles, and others is a wonderful part of living on the edge of a thickly forested park.

The Spring Lake Neighborhood Association has been trying to get some beautification done on the southwest and northwest corners of the intersection of 13th and Missouri Avenue including the strip along the north side of Missouri Avenue from 13th to 15th Street.

We are requesting that some of the trees/shrubs that have to be removed for the pond project be replaced in this Missouri Avenue segment. The neighborhood association had worked with a landscape architect a couple years ago but we did not like or approve the design she came up with and she was unable to meet with us and change it before she moved to another city. The association would like to work with the Omaha Parks Department to come up with a simple planting plan that allows for some shade trees and tall shrubs (for hiding the cement wall on the southwest corner) to be placed in the mentioned areas.

The hill between 14th and 15th Street along the access road is butchered every year by the mowing team and it looks horrible from spring to fall. The wildflowers that were planted in the space between the access road and Missouri Avenue are mowed each time they are just starting to bloom so we never have been able to see them be anything but chopped off. Though they do survive drought better than turf even if we never see them in bloom.

Beautifying this area will help to put a really nice finishing touch to the replacement plantings to be done in the rest of the park.

We support the plantings for Lynch, Deer Hollow and the area south along 13th by Mount Vernon Gardens but believe that the area around the 13th and Missouri intersection should take priority given the proximity to the park and the importance of the intersection as a gateway to Omaha. A number of trees were lost in that area when the bridge was redone and the pond project replacement trees offer an opportunity for regaining some shade there. Doing so will relieve the neighborhood association of the difficult task of scraping together funding to beautify these corners. We hope that the City and CSO contractors will work with the neighbors on improving the corners.

The area in the park where three trees were lost to severe winds several years ago along the “J” Street right-of-way from 15th to 14th Street should be replaced as well, using the pond replacement trees. There are several trees in the far south section of the park now marked with numbers and we do not know what that means. If any are to be removed, those should be replaced in that same area.

As part of the park overhaul, it will be important to get a qualified arborist into the park to schedule and carryout proper trimming of the trees throughout the park – with minimal removal.

EXTENDING/COMPLETING THE WAKING/BIKING TRAIL

There have been several questions about what the planting plan is for the replacement of trees removed along Spring Lake Drive from “I” Street to 13th Street. And can more replacement trees be used to create shade along the west side of 13th Street. It was a real shame that the sidewalk was not moved farther away from 13 street to create the space for snow mounds without blocking pedestrian access to the sidewalk. If that sidewalk along 13th is to be torn up for CSO work, can it please be moved west to make pedestrian access to the sidewalk safer year-round? And can there please be a sidewalk added to complete the walking/biking trail between “I” Street and 13th Street.

THE ILLEGAL DUMP AREAS ON THE NORTH EDGE OF THE PARK

It is essential that these illegal dump sites be cleared before the park pond project is completed. It only makes fiscal and logistical sense for these areas to be cleaned out while the heavy equipment can be used before plantings, parking and trails are installed. Douglas County is supposed to be in charge of illegal dump sites and hopefully they have been included as a partner in the effort to clear the decades of trash left by careless people.

WATERING PLAN AND MOWING

In the past, the neighborhood association in conjunction with Keep Omaha Beautiful and OPPD did some tree planting in the park. Most of the trees died due to lack of watering. Given the tough weather – wind storms and drought, it will be essential that the replacement trees and shrubs be put on a watering plan that is respected and fulfilled. There are fire hydrants all around the park that could supply the water but the contractors will need to be very careful how they open and shut off the water flow so as to avoid burst pipes such as the incident that happened on 14th and “J” Street two years ago.

You can walk around the trees in the south end of the park now and see the consequences of careless mowing. Trees planted now must be respected by the mowing crews. Those huge mowers may make quick work of mowing a park but the bigger the mower, the more likely the damage to trees. A wider and thicker mulch band around the trees should be possible with all the trees being cut there is a huge amount of mulch that will be available. Can it be used in the park as well?

F STREET BUTTRESSING AND THE SPRING SOUTH OF IT

The messy clear-cut done along “F” Street caused quite a knee-jerk reaction among neighbors and those who use that route. We had been told there would be no work done south of “F” Street until a later phase of the project. We were expecting three water feature “eco-zones” from this pond project. The wetland, the pond and the stream environments which would offer excellent and unique opportunities for public enjoyment and environmental education. It is the very real desire of the park neighbors and visitors that this original concept be followed through as the project moves forward. If there is any engineering magic that can be worked where the stream south of “F” Street can be kept intact, that is the preferred option. IF there is really no other option – after real study has been done and creativity tapped – then please pipe-up only as small a portion of the stream as possible and be sure the ends of the pipe are made to seem to be “natural” and not sewer-like.

In a meeting with John Royster and Ned Tramp, I mentioned that the sidewalk along F street is substandard and that if there are no trees and shrubs to demarcate the edge, then pedestrian safety has to be considered and a fence of some kind should be placed along both sides of F Street. There needs to be some kind preventative measure as well that will ensure the buttress is not used as a trailbike route or as a sledding slope. Any treeless slope is open game for sledding.

Thank you to the design team for protecting the little Eden in the ravine just north and west of F Street. It is a really charming spot and many small birds do use the area for water, food, shelter and nesting material.

SOME QUESTIONS I HAVE BEEN ASKED:

1. Can the piers being placed on the pond for fishing include a rounded end and rails with a couple of benches or stools for sitting on and enjoying the pond?
   
2. Will there be wildlife signage for letting people know what birds, critters and water fowl they might see?
   
3. How many cars will be able to park near the pond?
   
4. What ADA access will there be?
   
5. What considerations have been taken for protecting the bat habitat?
   
6. Will there be a boardwalk across the wetland area?
   
7. Is the swimming pool going be open during the pond construction?
   
8. Will there be a sidewalk on both sides of F Street? If not, why not?
   
9. Can there be a wildflower area?
   
10. What kind of picnic areas will there be insight of the pond?
    
11. Will there be a playground area near the pond?
    
12. Will there be an aerator fountain in the pond?
    
13. If the current seeps and streams are buried or under the pond, where will that water go?
    
14. Will there be any lighting around the pond?
    
15. What kind of fish are going to be in the pond?
    
16. How many will a fisherman be able to catch and can he keep the fish to eat?
    
17. Will we need a license to fish in the pond?
    

Spring Lake Park Meeting‏ Poorly Planned

This is a copy of an email sent to the CSO! project coordinator, Public Works officials, the Omaha mayor, the local member of the city council, a project planner and reporters of the local press. The email announcement of the meeting was not received until April 19th, though I did know about it earlier in the week.

It is quite absurd that an official notice of this important meeting was received only ten days prior to the planned meeting.

There should be a minimum of three weeks notice so if there is a scheduling conflict, people have time to rearrange things to be able to attend

Also, there is nothing indicated as to what the meeting will entail. While it be a rehash of the project purpose (the same speil talked about at every meeting), a glowing presentation of what the park will "supposedly" look like in ten years, and then 15 minutes for public comments, with no public discussion. It is this item which is an essential part of the process.

But of course, when I asked for clarification on this item, no response was received to my email.

This is a copy of the email sent on April 15th: "I hope that when this meeting on the evening of April 29th is announced that it will indicate no limits on the number of people that can comment, that the time for an individual to speak will be indicated, and that a public record of the meeting be taken and be available afterwards. Any parameters need to be defined before the meeting to make certain that it is a suitable public meeting, not something else.

"The limitation on speaking should also apply to Public Works officials, though they could bring their entire staff and take over the meeting!"

Are the finalized and already approved plans posted online for people to review and consider. Considering their complexity and length it would take more than a few days to properly review and evaluate! But there is no opportunity being given for this either.

This smacks of nothing more than Public Works wanting to shove a meeting down our throat and simply get it out of the way. It represents an authoritarian perspective by a public agency. Is this what this has resorted to ... forcing things onto the public? It sure appears this way because of this too-brief notice and the way the proposal to fill the creek has been handled.

The meeting needs to be delayed until May. There will not even be a notice in the local newspaper until just a few days prior to the 29th.

It's quite appalling the way this is being handled! Shame on Public Works and the people making these decisions.

April Nesting Survey - Saddle Creek CSO! Project‏

This report, completed for the Omaha Public Works Department, is presented here for informational and archival purposes.

April 8, 2014

Pending tree removal by a contractor along the Saddle Creek corridor site near the end of South 62nd street, north of Bancroft Street, as well as at the intersection of Westbrook Ave and Dupont Street required that a survey be done to determine the presence of any nesting birds, according to provisions of the Migratory Bird Treaty Act, and as required by a permit issued by the U.S. Army Corps of Engineers.

The following details are provided to the Omaha Public Works Department in accordance with an email agreement to evaluate the indicated project sites and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

Survey Methods

Surveys for active bird nests were conducted on the mornings of April 7th and 8th at the area indicated on an aerial photograph received via email from Public Works. During the survey these methods were used to evaluate bird activity while the area was slowly traversed during the two visits:

1) looking closely at both tree and understory vegetation within the immediate area of the wooded channel swale and hillside;

2) evaluating leaf or twig constructs and tree trunks to determine if there were any occupied nests or cavities;

3) recording all birds present and evaluating their behavior; and

4) listening for any bird vocalizations within the area and general vicinity.

Particular attention was given to the few trees to be removed. There was no construction activity underway in the immediate vicinity to hamper the ability to hear any bird vocalizations.

Survey Results

There were no active nests, nest building activity or occupied tree cavities noted for birds protected by the Migratory Bird Treaty Act. House Sparrows and European Starlings were using tree cavities at the Westbrook Avenue and Dupont Street location, but did not appear to be utilizing the trees to be removed. Also observed here was an American Robin.

In the woods at the 62nd Street locale, the species noted were a hunting Red-tailed Hawk, and seasonal migrants, some Dark-eyed Junco. The Common Grackles were foraging, as they would have nesting sites elsewhere. No nesting activity was seen in association with the robins and blue jays also present. Some Northern Cardinals were territorial in the area, but not associated with the trees to be removed.

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During the survey on the morning of the 8th, an owner of property adjacent to the City of Omaha CSO! site arrived and had some questions in regards to the nesting survey. He was cleaning up his property, and would also be removing a few trees. We reviewed his plans, and there were nests in those trees either.

Nesting Survey Report - Saddle Creek CSO! Project

This report, completed for the Omaha Public Works Department, is presented here for informational and archival purposes.

March 3, 2014

Pending tree removal by a contractor along the Saddle Creek corridor site near end of 62nd street, north of Bancroft Street, required that a survey be done to determine the presence of any nesting birds, according to provisions of the Migratory Bird Treaty Act, and as required by a permit issued by the U.S. Army Corps of Engineers.

The following details are provided to the Omaha Public Works Department in accordance with an email agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

Survey Methods

A survey for bird nests and/or young was conducted mid-day on February 28th at the area indicated on an aerial photograph received via email from Public Works. During the survey these methods were used to evaluate bird activity while the area was slowly traversed during the nearly hour long visit:

1) looking closely at both tree and understory vegetation within the immediate area of the wooded channel swale and hillside;

2) evaluating leaf or twig constructs and tree trunks to determine if there were any occupied nests or cavities;

3) recording all birds present and evaluating their behavior; and

4) listening for any bird vocalizations within the area and general vicinity.

Several stops were made at suitable vantage points to look and listen for bird activity. Any potential constructs were viewed several times through a spotting scope, from different vantage points, to determine if there was any bird occupancy.

There was no construction activity underway in the immediate vicinity to hamper the ability to hear any bird vocalizations.

Survey Results

There were no active bird nests noted in the survey area, especially anything that could be used by the Great Horned Owl, which is the only species expected to be nesting at this time of the breeding season. Using a stick to knock on larger trees did not indicate the presence of any species that may have been occupying a cavity.

The only bird activity noted were a Blue Jay and Downy Woodpecker heard on the upland south of the hillside ridge.

With the current cold weather, there should not be any nesting activity initiated within at least the next two weeks. Northern Cardinals are now especially vocal in the morning, indicating their territoriality, but the site did not have the coniferous trees or shrubby growth preferred as nesting sites by this species. House Finch are also notably vocal now, but they also prefer coniferous vegetation.

Tree clearing done within this time frame would occur before any nests might be constructed subsequent to the survey visit.

Survey site.

Burial of Creek at Spring Lake Park

As discussed yesterday, it is obvious to me that a problem has become apparent regarding the pending project at Spring Lake Park.

According to the plans seen yesterday during an onsite project gathering at Spring Lake Park, Public Works has gone ahead and indicated a project feature that will result in complete destruction of a portion of the creekway on the south side of F Street. This destruction has not been a portion of the plans discussed at the public meetings, so it was a Public Works decision to make this change.

People have made so many comments in regards to maintaining natural features of this park, especially some of the spring features, then suddenly a huge change is added at the end of the road, without any opportunity for the public to comment. Are there other similar revisions?

And then a contract will be approved that includes this change. Why is a final contract for work being done when there has been no final public meeting. The design plan should have been presented at a final public meeting before a contract for construction was completed and ready now for final signatures so work will get underway.

This creekway destruction is simply not acceptable, despite what some bureaucrat in an office has decided. Did the agency which made this decision even visit the site?

Attached are some pictures, taken yesterday, which indicate some of the creek features which will be destroyed. This is a completely unique creek in the city of Omaha, and to allow it to be destroyed would be a completely wrong in so many ways. It would be a huge loss of a unique feature of the cities natural heritage. This creek has flowed here for decades, and to allow some bureaucratic decision to lead to the loss of its integrity is simply not acceptable.

How will Public Works revise the project plan to ensure that this creek continues to flow in a naturalistic manner for park visitors for years to come? I will also be posting this email onto the web so others know about the lack of attention to detail that would have made certain that this creekway would be conserved.

Nesting Bird Survey August 11 - Saddle Creek Project

Provided to Omaha Public Works; August 11, 2013. Presented here for archival and informational purposes.

Tree removal pending at the east Westlawn Cemetery site in association with the Saddle Creek CSO! project required that a survey be done in regards to any nesting birds, according to provisions of the Migratory Bird Treaty Act.

The following details are provided to the Public Works Department in accordance with an agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

It should be noted that several previous bird surveys have been done around this area, which are helpful in understanding the conditions relative to the survey area features.

Survey Methods

A survey for bird nests and/or young was conducted early on the morning of August 11th at the area indicated by the provided plan sheet and as marked on an aerial photograph.

During the survey four methods were used to evaluate bird activity while the area was slowly traversed:

1) looking closely at both tree and understory vegetation within the immediate area;

2) watching and recording all birds present and evaluating their behavior;

3) listened for any bird vocalizations within the area and general vicinity; and

4) watched for bird activity that would indicate an active nest or adult birds feeding pre-flight young.

Survey Results

There were no nests or pre-flight young observed at the specified survey site.

General bird activity noted in the area did include:

• American Robin: a few roosting on the snags limbs of cottonwood trees
  
• Black-capped Chickadee: foraging through the tree space
  
• Eastern Wood-Pewee: foraging
  
• European Starling: a few roosting on the snags limbs of cottonwood trees
  
• Northern Cardinal: this was the only territorial bird, and a male was heard but there was no female in the immediate vicinity, nor were there any young present
  
• Red-bellied Woodpecker: foraging on a cottonwood tree
  
• White-breasted Nuthatch: foraging on a cottonwood tree
  

Other species observed in the general vicinity also did not convey any nesting activities.

Birdly Notes

A primary impact of the tree clearing will be the removal of a few massive, old cottonwood trees. These trees, already near the extent of their natural life-time, provided foraging habitat for woodpeckers and the nuthatches, for example, as well as being used as roost sites by several species. They also had cavity potential, which could have been used as nesting sites.

In observing these trees in particular, there was no use of cavity habitat observed.

Nesting Bird Survey July 27 - Saddle Creek Project

Provided to Omaha Public Works; July 27, 2013. Presented here for archival and informational purposes.

Tree removal pending at the east Westlawn Cemetery site in association with the Saddle Creek CSO! project required that a survey be done in regards to any nesting birds, according to provisions of the Migratory Bird Treaty Act.

The following details are provided to the Public Works Department in accordance with an agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

It should be noted that several previous bird surveys have been done around this area, which are helpful in understanding the conditions relative to the survey area features.

Survey Methods

A survey for bird nests and/or young was conducted early on the morning of July 27th at the area indicated on plan sheets 12 and 13 for OPW 51777, as provided by Public Works during a site visit on the afternoon of July 26th.

During the morning survey, there was less traffic noise, providing better conditions for listening.

During the survey three methods were used to evaluate bird activity while the area was slowly walked from west to east, and then back again:

1) each tree limb or other foliage were closely scanned to determine if nests and/or young were present;

2) listened for any bird vocalizations within the area and general vicinity; and

3) watched for bird activity that would indicate an active nest or adult birds feeding pre-flight young.

Survey Results

There were no nests or pre-flight young observed at the specific survey site.

General bird activity noted in the area did include:

• American Robin: adults and large juveniles foraging in the woods to the south
  
• Northern Cardinal: heard among the woods on adjacent hill-side, with activity also associated with shrubbery there
  
• Red-eyed Vireo: heard among the woods on adjacent hill-side, and associated with the tree-tops
  
• Blue Jay: heard to the south, though not seen
  
• House Sparrow: foraging on the gravel roadway at the east end of the survey site.
  

Also checked during the survey, was a partial tree trunk at the eastern extent with a possible nest cavity. This feature was just to the south of the pipeway alignment, as noted by the placement of the painted laths. There was no bird activity here and no birds left the cavity when it was knocked upon.

Birdly Notes

The short tree trunk cavity towards the east of the area is just outside the corridor, and so will apparently be retained for potential, future bird use.

Retention of the large, old cottonwood tree just adjacent to the southern boundary of the line excavation will also retain a tree feature that is unique in the wood. It will likely provide future opportunities for breeding birds.

Wildbird Survey at Saddle Creek Project Site

Prepared for the Public Works Department, City of Omaha

July 9, 2013

This City of Omaha document is presented here for informational and archival purposes.

Tree removal pending at the east Westlawn Cemetery site in association with the Saddle Creek CSO! project required that a survey be done in regards to any nesting birds, according to provisions of the Migratory Bird Treaty Act.

The following details are provided to the Public Works Department in accordance with an agreement to evaluate the indicated project site and determine if there were any bird nests present, or if there were other associated breeding bird concerns.

Bird Surveys

During each survey of three surveys, all birds heard and seen were noted, with details kept on the numbers seen. Particular attention was given to the songbirds present at this time of the breeding season which might be nesting (i.e., chickadees, cardinals, woodpeckers, etc.) or which may have dependent young with site fidelity.

The first survey on July 5th was a preliminary visit to Westlawn-Hillcrest cemetery, the creek on the eastern extent of this location, as well as the Bohemian Cemetery in order to evaluate overall species occurrence and to review site features. A subsequent visit occurred on July 7th, with particular attention given to birdly activity at the area where clearing would occur, and to further evaluate the species within the project site.

Early on the morning of July 9th, before the oppressive heat of a summer's day, a final survey was done to more closely evaluate the specific area where tree clearing would occur. During the visit, territorial behavior, presence of pairs, any carrying of food to a nest or dependent young was given a closer scrutiny. The area marked for tree clearing was the primary survey site.

It can also be noted that several previous bird surveys have been done at this site, which have been helpful in understanding the conditions relative to survey efforts. That information is not, however, included in this report since it is beyond the scope of the agreement.

Survey Results

There were no occupied nests or newly fledged young observed during any of the survey's within the indicated site where trees are to be removed.

There were fledged/juvenile birds present which were old enough for regular and sustained flight and with no confined fidelity to the tree area.

The following notes are derived from the 9 July survey, and are presented to indicate details regarding bird status and an absence of bird nests, eggs, or young at the project site.

• American Robin: prevalent, but mostly adults and juveniles which gathered on the snags of suitable trees along the creek or to a much lesser extent, foraged among the woods
  
• Baltimore Oriole: a sub-adult bird visited the tree-tops of the project site; there was no territorial activity noted in association with a female, any carrying of food to a nest, or caring for fledglings observed
  
• Barn Swallow: foraging over the open field adjacent to the project site
  
• Black-capped Chickadee: a group of four, which would, at this time suggest a family group of adults and juveniles were foraging among the snags of a cottonwood tree at the project site
  
• Blue Jay: heard among the trees; based upon visits to other nearby green spaces, adults birds are currently feeding dependent juveniles, based on numerous site visits in recent days within the region, so their nesting is finished
  
• Brown-headed Cowbird: transients
  
• Chimney Swift: foraging above the place in the aerosphere
  
• Downy Woodpecker: a transitory forager
  
• Eastern Kingbird: a transitory visitor
  
• European Starling: present but not pertinent according to list of species considered by the MBTA, as this bird is not a native species
  
• House Wren: a male was territorial along the creek northward of the area demarked for clearing
  
• Indigo Bunting: a male was noted singing on the north side of the site of interest on each of the three visits; the perch for this edge-specific species was not within the woods, and there were other similar perches to the west and northwest along the creek; during a prolonged period of observation, there was no female bird noted, the male did not show any behavior associated with feeding young and there was no nesting activity seen
  
• Killdeer: not associated with the woods
  
• Mourning Dove: transitory
  
• Northern Cardinal: there was a territorial male just to the south of the project area; a pair was transitional through the project site on the morning of the 9th, but they did not convey any activity that would indicate there was a nest present, or that they were feeding dependent young
  
• Northern Flicker: two obvious on the snags of trees along the creek; particular attention was given to determine if they was using any of the several tree cavities on the stately old cottonwoods within the area to be cleared; there was no such activity noted
  
• Red-bellied Woodpecker: obvious on the snags of trees along the creek; particular attention was given to determine if they were using any of the available tree cavities; there was no such activity noted
  
• Red-tailed Hawk: utilizing a tree snag to watch for huntable prey, as seen also on the 7th
  
• Western Kingbird: two atop the snaggy cottonwood, and transitory as they had not been observed on either the 5th or 7th.
  

Based upon the three visits, comprising more than three hours of detailed observations, there were no nests or dependent young noted within the indicated project area. Details indicate that the clearing of trees will not destroy nests or eggs, and will therefore conform to the tenets of the MBTA.

The primary changes associated with this project, in regards to the variety of wildbirds present at the site, will be:

1) snag trees will be removed which are used as temporary roosts or foraging sites;

2) snag trees will be removed which currently have cavities which have more than likely have been used as nesting sites in the past;

3) trees will be removed which will constrict the currently contiguous corridor of vegetation along the creek, and degrade the natural value associated with any creek in an urban setting.

These are the findings as determined in accordance with the MBTA bird survey agreement. The indication is that pending tree clearing activities would conform with regulatory requirements by not destroying any nests, eggs or young birds.

The following are some additional perspectives regarding this project. During clearing activities, the trees could be taken down and removed in a sequential manner, where noise, etc., would move any birdlife present away from any hazards resulting from the tree clearing. Also, any trees removed should be hauled away, and not placed within, or left within the creek channel, as they would inhibit water flows which may result in obstructions that could lead to a degradation of water quality, potential bank erosion, etc. Wherever possible the older trees present, especially those with snag branches, should be retained, as they are regularly used as foraging and roost sites by a great many wildbirds.

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Addendum

These two graphics, not included in the submitted report, indicate the area where trees would be cleared.

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Some of the trees to be removed from the project site. JEDucey photograph.

Possible Nest Destruction by Omaha Project Being Evaluated by Feds

A potential illegal taking of an owl nest by a City of Omaha project is now being considered by the law enforcement section of the U.S. Fish and Wildlife Service.

The taking might have occurred in association with the removal of all of the trees and associated vegetation for the CSO! project underway along the unnamed creek on the east side of the Westlawn Cemetery in central Omaha.

In late-March, according to protocols necessary to conform with state and federal regulations, a nest survey was done to determine if any bird nests might be present amidst the woods along the creek, prior to the clearing of all of the vegetation. No nests were apparently documented, according to a hired surveyor with indicative credentials. A couple of days later, all of the vegetation in this particular area was obliterated, resulting in an expanse of barren ground devoid of anything green, with certainly nothing left with any growing potential.

Subsequently, a young Great Horned Owl was found upon the ground in an area of woods adjacent to the cleared area, according to an official with the City of Omaha public works department and an official with the Fish and Wildlife Service.

There was also a pair of adult birds observed in the vicinity at this time, which indicated their residency, and seemingly that the young owl was their progeny. Some pictures of the little, fledgling owl were also taken by public works staff, for documentary purposes.

The fledgling owl was captured and taken to the Nebraska Humane Society facilities, then subsequently transferred to Raptor Rehabilitation Nebraska for further care.

Any "taking" of a nest of a species protected by the Migratory Bird Treaty Act is a violation of this act, and fines may be imposed. The state of Nebraska has a similar statute.

The ecological services office of the Fish and Wildlife Service has received a letter indicating the particulars associated with the activities associated with this owl. This office also reviewed a draft version of this correspondence.

The final version has been submitted to the federal agency. It was then forwarded to law enforcement personnel of this federal agency, according to a FWS biologist.

On April 10th, a request was made to receive a copy of the letter submitted to the F.W.S. An email was received on the 11th indicating that a copy of the letter would not provided, as indicated by an official of the City of Omaha public works department. The FWS would also not provide a copy.

Those pictures of the owl at the site of its capture are also not available for public consideration.

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The City of Omaha received a notice on June 24th that no enforcement action would be taken by the U.S. Fish and Wildlife Service.