Eminent Domain – Nebraska Legislative Bill 155

February 21, 2019. Eminent domain. Grant County News 134(30): 1, 6.

A stalwart Nebraska legislator had a bunch of concerned and supportive sandhillers in his office on February 7th. It was time for a public hearing associated with legislative action to remove the use of eminent domain by public entities to benefit private companies.

The advocate was Sen. Tom Brewer of the 43rd legislative district. More than a dozen sandhillers came driving for hours on a frigid winter day – leaving their ranch – so their voice could be heard.

Before dawn at Valentine upon one particular departure, the temperature was sub-zero. Add in the extent of wind chill and the extreme polar cold was obvious. Our group represented one of several travelers across snow swept land so we could speak to the future of the sandhills.

We went to speak at a public hearing scheduled for the Natural Resources Committee at the Nebraska capitol in Lincoln. Sen. Brewer’s request to the fine senators of this committee was to strike a single sentence from legal statutes “to eliminate provisions relating to eminent domain” as indicated in a state law.

The words are: “The exercise of eminent domain to provide needed transmission lines and related facilities for a privately developed renewable energy generation is a public use.”

The legislation was introduced by Sen. Brewer, as he stated: “Public entities using the power of government against their neighbors so they can make money.”

“It is wrong,” Brewer said. There was then a public hearing. People spoke and the state senators listened and asked fine questions.

Proponents for approval of the LB 155 spoke first, obvious in their opposition to allow a public entity to act for the benefit of private landowners. There were ca. 15 people that presented personal testimony in support. Their words were indicative and convey what sandhills residents have realized and how they want to continue the essential cattle land legacy and other special values.

“Our legacy runs really deep,” said Wayne Eatinger, a fifth generation rancher in southeast Cherry county.

Barbara Welch was so very personable in regard to making sure that landmarks continue to be special places. Her analogy was so poignant that Sen. Hughes, chairman of the committee asked her to share a key tenet that she has adhered to since her days of high school. It was the result of a bunch of mice in a box so many few years ago. She brought many smiles to those present.

Dan Welch then spoke to the heritage of his ranch unit south of Thedford. The r-project would traverse the couple’s ranch property and create a health threat and diminish the value of the rangeland which has been scientifically studied.

“Take away our property rights and you take away our dignity,” Mr. Welch said. ”NPPD has been using eminent domain as a big stick over our heads for four years.”

Mr. Welch is an outspoken advocate for private property rights and this was obvious during his more than five minute testimony on Thursday.

Barb and Dan Welch presented a late December letter that arrived in their mail-box. It was an indication from NPPD that they would use eminent domain and all of its legal conundrums to condemn Welch ranchland to construct an industrial powerline across his range for heritage cattle.

“If you do not truly own your property, you are property,” said Brett Steffen of Thedford. The proposed r-project would traverse his property south of Thedford.

Sam Sampson, of Lincoln, conveyed his personal advocacy again wind turbines based upon his appreciation of a haven for hunters and outdoor enthusiasts at Brewster. “We need to protect some of us from the tyranny of others,” he said while wearing his best suit to speak his heart-felt words to the legislators.

Dean Smith from Antelope county – a newly elected county commissioner – was supportive as he referred to the nearly 300 industrial wind turbines in the county, with more being considered. His comments indicated the negative impacts during turbine project construction.

A significant presentation was a map graphic of Cherry county that indicates the extent of land-owners opposed to wind turbines. This document of record indicated the situation to each member of the Natural Resources Committee. The extent of opposition as obvious with the color red. The presentation provided an opportunity to convey other details associated with industrial wind turbines and necessary powerlines, based upon the currently known situation in Cherry county.

Some minutes beyond the five minutes allotted was provided to speak to what is being done within Cherry county. There were questions regarding the current county commissioners. Industrial wind turbines could not be placed on lands enrolled within the for-wind land owners because their surrounding neighbors do not want industrial wind turbines on their property. This is probably the case with industrial transmission lines. There were words said in regard to the request by Wayne Eatinger to ban industrial wind turbines within the county. It was also an opportunity to discuss the importance of state-level legislation as well as actions being done by the Bureau of Educational Lands and Funds.

A detail oriented cost-analysis evaluation was provided by Douglas P. Nelson, from Wayne. The economics for establishing a wind turbine project meant a loss due to the reality of costs.

“Take care of residents first,” said Amy Ballagh, a ranch-wife from the eastern hills and a long-time opponent to the r-project. There should be no eminent domain for private gain, she said.

Dave Hutchison, operator of a bison ranch near Rose, conveyed a common theme that the r-project would threaten whooping cranes and diminish the value of visitors to the region. He provided handouts with details.

Other names associated with comments included Mike Young, Marjorie Manning Warren and Ann Manning-Warren.

The opponents to this bill wore suits and represented some group, and were paid representatives of some groups with an obvious agenda, including the Advance Power Alliance, the Center for Rural Affairs and the Nebraska Farmers Union. They talked extensively, yet when asked a particular question the answers were lacking. Supposed economic development was a primary reason to not change the current legislation.

There was no utility company or industrial wind turbine developer present at the hearing.

Sen. Brewer ended the public hearing with his passionate comments. His concern for the sandhills and its people was blatantly obvious as he has actively been working to continue appreciated values. His staff worked with the landowner map to enhance it in relation to the proposed r-project corridor.

Sen. Brewer has selected this legislative action to be his priority bill, as he and his staff, including legislative aide Tony Baker continue to strongly work for residents of the 43rd district.

“What gives developer the right to impact neighbors,” he said. There is “smoke and mirrors by big wind.”

The efforts of many meant significant words were given to support Senator Brewer’s request to revise state legislation.

This day of action started in the dark during a realized 4o upon departure a few minutes after 6 a.m. at Valentine. Cold was everywhere during the day hours during the travel time when ranch employees stayed at the ranch to do chores and take care of the stock.

Finally after a long drive and getting back to the home place the temperature – including an excessively abhorrent wind chill – was at least -8^o upon returning to Cherry county and the heart city so many hours later during one day.

Nine Mile Prairie Visited

It was one of those rare days when nature truly shows her splendor. it was April 8th when I made a visit to Nine-mile prairie. The day was cool, slightly windy with fluffy cumulus clouds floating overhead. Upon getting out of the car, there was an immediate difference noted. Gone was the noise of civilization. It had been replaced by the subdued sounds of nature.

Heading south from the road the walk towards the ravine was accompanied by the musical song of the meadowlarks as they proclaimed to all who heard that this was their territory and was not to be taken away. Another avian species also making their presence known was the black-capped chickadee. The clear chick-a-dee-dee-dee of this little member of the titmice family directed ones attention to their antics as they busily searched for early season insects on the trees. Only a flash of white through the brush diverted attention from the birds. Was it deer? Quiet stalking to a lookout up a tree brought the answer. Five white-tailed deer could be seen trying to escape unnoticed. With the lack of cover on the grassy areas preventing this the whitetails bounded off to the south. Continuing up the draw and hiking along a small gently flowing stream, two large raptors were flushed from the decaying snag of a tree. As the great horned owls flew out of sight a look at the base of the tree revealed that these denizens of the night had been feeding on birds. Feather remains under the owls perch showed that possibly meadowlarks were one of the recent meals. With the trees of the draw giving way to the dull brown of the still dormant grasses, changing weather captured my attention. the white fluffy cumulus clouds had given way to dark stormy clouds coming in from the west. With the look of potential rain a hurried walk back to the car was begun. Nature wouldn't wait and soon a light drizzle began to fall. Lasting but a few moments the water droplets served to create one of the most beautiful sights in nature. It was a rainbow. The colored bands of this wonder arched across the entire eastern sky. With the dark backdrop of the storm clouds which had passed over this colorful phenomenon created the perfect setting for the end of a visit to an area which has surely been a part of this occurrence many times before.

May 1979. Babbling Brook, page 4. Newsletter of the Wachiska Audubon Society.

Helping Lincoln's Chimney Swifts

In considering the built environment of the city, there is an elegant resident little known to most residents. These feathered bugeaters course the day skies, being a neighbor and benefit to the people.

Chimney swifts dwell among us, and have for the generations that built a cityscape that has continuous change of building removal and rebuilding due to community improvement and revitalization. Many square blocks in Lincoln are now being changed by this process. About 80 square blocks are part of the rapidly changing north downtown area in Omaha.

Currently in Lincoln, this process is having a dramatic impact on swifts. My surveys of the Joint Antelope Authority project in east downtown indicate chimneys used by swifts in the project area. Several buildings scheduled to be removed have chimneys used these June weeks by swifts. Other homes, some likely suitable for swifts, have already been recently removed.

This dramatic loss if bird habitat needs to be mitigated. The situation has been a point of discussion with Lincoln and Omaha city officials, university staff, and the press.

As a result of several communications with the mayor's office in Lincoln, there is agreement on providing some towers. The type of structure and locations have not been decided. The mayor's office has also express interest in providing community fund monies to build towers if they are installed and maintained by the public. The same material has been sent to the University of Nebraska-Lincoln and the general manager of the Lower Platte South NRD. No response has been received from either of these other [JAVA] project sponsors.

Providing swift towers and perhaps even creating a group of towers in a close area — a bugeater park — can be a grand community project. Help is needed to build towers and put them in place. The means for minor maintenance needs to be considered for the future. Perhaps Wachiska members would like to be involved in this exciting endeavor?

Efforts will be needed to convince planners and builders that chimneys should be included with new construction to ensure ongoing swift habitat. This facet could be especially useful when the three-block square locale at the East Downtown Community Park is built in the coming months. Proposed buildings on the west side include facilities which could include a bugeater home, especially useful at removing insect pests at a place where people gather to enjoy the scene.

Chimney swifts are an asset to the community. We need to help them. They help us. There birds are an important asset to a vibrant and distinct urban community.

Bring on the towers. Go bugeaters!

August 2005. Babbling Brook 14(8): 4. Newsletter of the Wachiska Audubon Society.

Birdly Requiem - Swift Building Razed for Urban Redevelopment in Lincoln

View on Sunday evening, May 17, 2009. Chimney Swifts were heard in the skies while this photograph was taken along the traffic corridor. Within days, the place which was so important for the aerialists of the sunlight skies will be obliterated, gone from the urban landscape.

A grand gathering place for swifts is being razed - destroyed - obliterated - and basically removed in east downtown Lincoln. The former Ben's Auto Parts building at 2020 O Street is the notable structure.

Swifts will be dramatically forced to adapt - change - move etc., though it was no choice of theirs. Nor were they given any options and no advocate spoke for them at a public hearing! The people of Lincoln - through their official machinations - unbearably forced the negative change upon the birds.

The chimneys of the historic structure have been an important place for swifts ever since it was built, though this was not really apparent for the structure until 2005, due to a personal interest of a citizen.

This tally indicates the ongoing use of the two building chimneys.

• 29 May 2004 - 4 swifts; this was the first time that chimney use was documented, and the realization meant an ongoing investigation of this locale and other places in central urban Lincoln which were important to swifts
• 2 July 2005, 8 swifts
• 22 July 2005, 2 swifts
• 1 August 2002, 9
• 5 August 2005, 10
• 16 August 2005, 37
• 18 August 2005, 71 counted during dusk when the swifts dive into a place for the night
• 21 August 2005, 65
• 22 August 2005, 50
• 25 August 2005, 65; during a view from the rooftop
• 23 April 2007, 2 at the beginning of the season for swifts in Salt Valley
• 11 September 2007, 89
• 3 October 2007, 25
• 4 October 2007, 98; a grand spectacle of the swift maneuverings as they gathered in a sublime congregation cooperating to drop into the night's shelter so important to their survival

The value of the place for Chimney Swifts is readily obvious, based on confirmed records of sightings. Though this period of documentation is slight, the use continues until the building is gone, but there was no one that cared enough to record the events as swifts continued to gather during subsequent years.

Ben's Auto Parts building, June 27, 2005. Note the central chimney, with a second usable chimney on the northwest corner.

Bens Auto Parts building, August 15, 2007.

Developers ignore the many-year history when this place obviously meant so much to the swifts. The ignorance goes back ten years, a couple of decades and beyond into dim city history when these birds found that a human construct became a place of value to their seasonal existence in an urban landscape.

This building is in close association with the Joint Antelope Valley Authority project which has redesigned the Antelope Creek drainage-way through the city. Their legacy upon swifts is readily apparent in the annals of a focused perspective.

It was inevitable that the building would disappear, as it was an empty commercial space, with the property more valuable than the structure, in a view based on economic considerations. There was no option of leasing the place.

The swifts will suffer from the bludgeoning results. Where will the birds find a place that has been so notably suitable for their needs?

The slow but insidious and continual destruction of swift places continues in this neighborhood, as there have been many other chimneys used by breeding or roosting swifts destroyed in association with the socalled urban renovation associated with the JAVA project.

Nothing has been done to address the needs of the avian dwellers in this urban space. Place by place has been obliterated by officials of many ilks. One by one the havens are demolished. Raze and replace almost be an obvious mantra.

It is a continual assault on swift places. These birds forage endless hours to remove bugs from urban skies, yet the human beneficiaries respond by doing their best to remove places which the bugeaters appreciate as an important shelter.

There is a loss for each swift.

Officials should apologize to the swifts for the mindless drive of development which is a direct detriment to your existence. City officials and others in Lincoln and other urban centers obviously do not care in any apparent manner about what they wrought upon your seasonal life. My best wish is that there may be an alternate chimney to now use? Will the destruction of the building destroy a nest, protected by the Migratory Bird Treaty Act, though officials of that regulate this law, the U.S. Fish and Wildlife Service are oblivious, again.

There needs to be be a grand structure built where the bug eaters of the city skies can find shelter, but there is no official budget for such a thing that would be tall, made of brick, and sturdy with walls upon which you would like to cling during the night of repose from April to October, with your needs a primary focus!

As for now though, shame on the inane drive for improvement that decimates subtle appreciations of the historic buildings of east downtown Lincoln. Officials be damned for what you ignore in the mindless drive for change, without any consideration of what you destroy, again and again. Then once more, again against the birdly neighbors.

How would development officials and supporters like to return to their safe place some day and find that it has been obliterated ... completely? This is the Chimney Swifts future this week on O Street.

How dismal is the onslaught which continues to destroy the places for Chimney Swifts in urban Lincoln. The city isn't green in this regard, and has not made any effort to mitigate for the destruction.

Why?

Construction activity at the Ben's Auto Parts building. October 6, 2007.

A Season's Survey of Chimney Swifts at an Urban Scene

Evening swifts on 400 block of South 11th Street.

By James Ed. Ducey

Chimney Swifts are a regular and common resident about urban Lincoln, Nebraska. Arriving as groups in mid-April, their twittering is prevalent in the daily sky, with resident birds eventually dispersing to suitable chimney places to nest.

Their distribution and occurrence makes an interesting foray into another season's view of a particular species, so reliant on building architecture for survival. Numerous surveys were done were done via bicycle in 2007, through mid-October when the last swift of the season was noted in silent flight among the ethereal skies at Carriage Park.

Swift Arrival

The first Chimney Swifts seen were 18 in the evening above the Haymarket district on 17 April. Chimney use was first noted on 23 April with a couple birds into the two chimneys at Ben's Auto at 20th and O Streets, a known haven from 2005 surveys.

Larger counts continued for several days in central downtown. The 26 April count at Downtown Lincoln indicated 18 at 14th and O street; one in west chimney in southeast corner of Post and Nickel business building; one in west chimney at H.E. Wood building (1332-36 P Street), one at the McKenzie Building at northeast corner of 14th and P Streets; one out 130 South 13th Street. There were also 18 at the Haymarket.

Chimney Habitats

Eventually the swift bunches dispersed, as pairs used smaller local chimneys to build a fragile, stick nest to rear young. The only specifics for May-July, are:

27 Apr: two into 1107 L Street.

28 Apr: two in northwest corner of N Street Express Lube at 17th street.

5 May: one in Spaghetti Works on North 12th Street, five in and two out WCs at 1226 P Street, and one in 1317 L Street, the Cornhusker Apartment House.

On 27 May, a swift was seen snagging twiglets from a dead tree branches at Cushman Woods, on the east edge of city campus.

Details of central Lincoln chimneys during the swift breeding season were gathered in 2005.

Post-Breeding August

The first group of swifts was noted in early August.

6 Aug - Downtown Lincoln: 85, 432 South 11th Street, back alley view of 4.5x4.5 chimney of three stories.

11 Aug - Hawley District: 215, 2425 O Street chimney of 4.5 x 4.5 bricks; first at 7:45, done by 9 p.m.

28 Aug - Downtown Lincoln: 45, alley view of 432 South 11th Street.

Swifts were prevalent during the month, and into September.

Migratory Swift Flocks

In mid-September, a large flock on the south side was the impetus for the regular schedule of evening surveys. Prominent chimneys with previous known use in the Haymarket, downtown Lincoln and east downtown were visited, each every few days, with intermittent outings to a few other places.

10 Sep - Downtown Lincoln: 260, quickly into the southwest corner chimney at 411 South 13th Street (4.5x4.5 bricks of three stories).

11 Sep - East Downtown Lincoln: 89, former Bens Auto Parts building at 2020 O Street; heard 7:25, some about at 7:40, swarming at 7:55, done by 8:10 p.m.

12 Sep - Haymarket: 107, Schwarz Paper Company, 747 O Street.

13 Sep - Downtown Lincoln: 95, 1400 0 Street building.

14 Sep - Hawley District: 101, Midwest Sound, 2425 O Street; once in a while one doesn't make it in so tries again.

15 Sep - Near South Neighborhood: 25, one into Lincoln High Chimney; others generally about with larger roost not apparent.

16 Sep - Everett Neighborhood at 12th and C Streets: 35 about, but did not use large 8-sided chimney at Everett Elementary school. The swifts went eastward to an unknown roost.

17 Sep - Downtown Lincoln: 532, 411 Building; first entry at 7:40 with two, then ca. 130, then further bunches of the swifts in their grand swirl, flying about the chimney. This is the greatest single site count known, considering nearly 300 records for Lancaster County.

18 Sep - Downtown Lincoln: 475, 411 Building, done by 7:40; a similar number used this chimney the following night.

20 Sep - Downtown Lincoln: 22, 15 at 1226 P Street (6x4.5 bricks); 2 at 1230 P Street (6.5x4.5); 4 at Spaghetti Works, 228 North 12th Street.

21 Sep - Haymarket: 197, Mill Towne, 650 J Street, 6.5x6.5 bricks of five stories.

Round chimney at Waterpark Condos.

22 Sep - Waterpark Condominiums at Antelope Park: 85, a big round chimney at 2901 J street; birds in and out, with some going elsewhere towards the south. Dubbed the "tower of confusion" with some birds entering and some birds leaving. There seemed to be uncertainty on staying.

23 Sep - Everett Neighborhood: 20 about, three into President Apartment House at 1340 Lincoln Mall; one into Ambassador Apartment House, 1330 Lincoln Mall.

24 Sep - Downtown Lincoln: 177, tornadic swarm above 404 South 11th Street in the northeast corner, then count of entrants done by 7:30 on cloudy, pre-rain evening; one in and one out earlier at 432 South 11th Street; others using 411 South 13th.

25 Sep - Downtown Lincoln: 176, into 411 South 13th Street, and still entering after swifts seemed done with entry at 11th street chimney; at 411 finished at 7:45 on clear evening.

27 Sep - Haymarket: an estimated 300+ in a confusing count from the wrong vantage point at Mill Towne, making it difficult to see what was actually entering the chimney.

28 Sep - Mill Towne south Haymarket: 365, 1s in, then larger groups going in until very dark on cloudy night; group done 7:50; small bunches of swifts chased a passing Rock Pigeon, American Kestrel and Mourning Dove.

30 Sep - Downtown Lincoln: 330, chimney at 411 South 13th St.; done by 7:35; 30 m.p.h. wind, clouds clearing.

October

01 Oct - Downtown Lincoln: nine, back chimney at 404 South 11th Street; many more at 411 South 13th Street.

03 Oct - Downtown Lincoln: 73, 27 into 1713 O Street, east portion for pawn shop; 46 into 1717 O Street, the Poor Boy Pottery business noted on the sign out back; group entry finished by 7:30 p.m.

03 Oct - East Downtown Lincoln; 25, generally about at former Bens auto parts building and southward.

03 Oct - UNL City Campus: 7 noted where they had been regularly seen throughout the summer.

04 Oct - East Downtown Lincoln: 98, Bens auto parts; done by 7:35 p.m.

O Asian Garden recessed roost site.

05 Oct - Hawley District: 128, 2545 O Street at empty O Asian Garden building; two story recessed; noted Friday evening after none were at nearby Midwest Sound at 2425 O Street. A confirming count was done Saturday morning.

06 Oct - Near South Neighborhood: 31, into residence chimney - with one-half covered - at 1140 South 20th Street at Mount Emerald neighborhood. It took repeated biking the streets to find this evening's roost.

07 Oct - Downtown Lincoln: 38, generally about 14th and O street airspace; one into 1400 O Street; 3-4 into northeast corner of the McKelvie Building 210 North 14th Street.

08 Oct - Downtown Lincoln: 25 flying about south side; two into 404 South 11th Street; others flew to northeast.

14 Oct - Downtown Lincoln: a single swift during the early afternoon, noted from the heights of Carriage Park. A couple hours later one was also seen over the nearby Everett neighborhood. None were seen during the evening's cloudy and rainy skies, with scattered clearing as the sun set.

This date is similar to the other known last occurrence date for Lancaster County in 1925, cited for Lincoln as reported by Mrs. Smith in the NOU Letters of Information.

Chimney Swifts were present about Lincoln in Nebraska for 180 days in 2007.

Swift Tally

Chimneys at several buildings had large numbers of swifts repeatedly use a premier roost.

411 Building, 411 South 13th Street, southwest corner: 10 Sep, 260; 17 Sep, 532 in a exhilarating rush; 18 Sep, 475; 25 Sep. 176; 30 Sep: 330.

Big chimney at Mill Towne, south Haymarket.

Mill Towne biggie, 650 J Street - 21 Sep, 197; 28 Sep, 365.

404 South 11th Street - 24 Sep, 177.

2545 O Street, O Asian Garden building - 5 Oct: 128, there was no chimney apparent at this two-story structure. After leaving the unused chimney at Midwest Sound, birds a block east in the same alley, were entering a recessed roost covered by a metal, boxlike contraption. A few swifts departing the next morning would strike the box.

It appears that this former supermarket will be torn down. This empty building was purchased in mid-August by the credit union already present at the southwest corner of the block; now owning nearly the entire city block.

Other notable buildings include Midwest Sound and Lighting at 2425 O Street, the former Ben's Auto Parts building and 1400 O Street, each which were used also in 2005.

A pair of buildings with first use noted this season were at 1330-1340 Lincoln Mall, the Ambassador and President apartment houses. These large, five-story chimneys were watched on 23 September.

The last count of chimney use was 31 birds Oct 6 in the residence chimney at Mount Emerald. Counts of 38 on 7 Oct and 25 on 8 Oct were made downtown, but it was not possible to find a particular roost used by most of the swifts counted flying about the urban skies. On the 7th, one swift used 1400 O Street, 3-4 used the McKelvie Building chimney and the others may have been over in the alley about the 200 North 12th / 1200 P streets, city block.

As the season waned, the day sky of the city would have a dearth of swifts. The skies were quiet until twittering birds arrived at a general locale, usually less than an hour before sundown. Then the swirl of birds began about the chosen chimney and once started, they quickly entered the roost as dark was covering the land.

Late season chimney use was more scattered for fewer birds. Although groups of 20-30 birds had gathered, only a few birds were seen using a chimney visible at the scene. Swifts went to other available chimneys amongst several within a couple of city blocks.

The different locales used this year provide a diverse array of chimneys useful for resident swifts, and different migratory flocks. Alternative sites allow birds to move around and select an optimal place on a particular day. Some sites obviously have a premier combination of features to provide a roost useful on a continued basis.

Considerations

The trend for a decreasing number of chimneys continues. Since 2005, several buildings razed in the Trago Park area includes residences near 20th and R streets, Supply Service, and two usable chimneys at 2100 O Street business structures. Three residences at 100 North 22nd were moved to north of city campus, renovated and sold to home buyers. Each structure removed was to make way for the expressway and other Joint Antelope Valley Authority project features.

Removal of the O Asian Garden building appears imminent. Three houses across the street - one which could possibly be used by a pair of swifts - are slated to be razed for a new business building.

The former Ben's Auto Parts building still sits empty, the owners of the site awaiting redevelopment as the JAVA project spreads. At the end of the season, construction had just started about a block away, for an O Street bridge. 

The limitation around central Lincoln is the shortage of smaller chimneys that can be used by a pair of swifts. Many of these potentially suitable structures are covered by a screen or some other thing. As birds successfully raise young, the breeding population cannot expand since there are no additional nesting structures. If chimney covers were removed, a number of additional nest sites could be provided.

Nearly all modern built buildings do not have chimneys. Suitably-sized structures can be built in alternate manners, and incorporated into the local environment a place for a pair. Proactive measures can enhance the value of Chimney Swifts, wherever they happen.

Bird Mortality Tally Exceeds 800 on UNL Campus Environs

By James E. Ducey

A carcass of a Northern Flicker found at the Architecture Hall link became one of the latest records in the tally of bird mortality at the University of Nebraska-Lincoln environs in Lincoln.

The yellow-shafted flicker was record 800. Added afterwards were two Orange-crowned Warblers, also at this building, one having been thrown away into the foliage by workers, lying just a couple of feet from the spotted woodpecker. A flock of several of these warblers were present at the southern Cather Garden during the morning's foray.

With the first arrival of a small flock of foraging Dark-eyed Juncos, a carcass was then expectedly found, at the southwest area of the link at Architecture Hall. A freshly dead Lincoln's Sparrow lay near the eastern doors through the glass walls of Sheldon Art Gallery.

Birds were twice seen bouncing off the tall windows - with interior lights - on the east side of Memorial Stadium, as night waned.

Each instance of mortality found, was due to the bird in flight striking a glass surface of an exterior building wall.

Six specimens noted Sunday, 23 September were the Black-and-white Warbler, Common Yellowthroat, House Wren, Lincoln's Sparrow, Mourning Dove, and Red-breasted Nuthatch.

Overall, there are 804 known examples of bird mortality for city campus and east campus. Of these, 797 records are for species protected by the Migratory Bird Treaty Act.

The species noted the most thus far in 2007, are the Common Grackle (9 carcasses), Common Yellowthroat (5), Lincoln's Sparrow (5) and American Robin (4).

The 58 records thus far in 2007 is comparable to the total number of records from 1991-1993. There are 107 records from 1995 and 107 in 2001.

The species most often afflicted by building dangers - considering all the carcasses noted since 1969 by many bird watchers - are:

Lincoln's Sparrow ~ 67 examples

Orange-crowned Warbler ~ 53

Dark-eyed Junco ~ 51

White-throated Sparrow ~ 48

American Robin ~ 41

Common Grackle ~ 37

Clay-colored Sparrow ~ 31

Common Yellowthroat ~ 27

Nashville Warbler ~ 27

Swainson's Thrush ~ 26

The last known flicker mortality was in 1995. The one species added to the tally list thus far in 2007, has been the Sora.

The most dangerous structure is the glassy Cather-Pound-Neihardt passageway, where 232 window strikes have been noted during research into the impact of building features on migratory wildbirds. There have been 144 at Sheldon Art Gallery, which is a threat partially due to the lighting features. There is a similar number for Oldfather Hall and its passageways. Architecture Hall and its link have more than 50 instances. More than 30 other structures are among the others that have hazards for birds. For many of the records, there was no locale given for the origin of the museum specimen.

There have been 58 species present about city campus from late winter through summer, and into the current days of first autumn. Overall there are at least 102 bird species that have been observed among the buildings and landscaping.

Two Clay-colored Sparrows were found in early evening Wednesday, at the south side, west windows of the Architecture Hall Link.

Survey of Summer Season Swifts at Chimneys of Urban Lincoln

By James Ed. Ducey, Lincoln; prepared in 2005

Chimney Swifts are the sleek masters of the urban sky at Lincoln. They flit about and reside in chimneys suitable for a clingy nest, and roost in suitable places. During the city's history, the built environment has always been changed as the urbane setting is redeveloped. Buildings are removed, destroying suitable spots used by these birds.

The survey to check how swifts were affected by urban redevelopment in Lincoln started in late-May 2005. Through the end of August, most of my evenings were spent biking about to find swifts that were entering or leaving a particular chimney in the primary study area. Survey time was nearly always the last hour or two of light at sun set. Getting around easily on a bicycle was essential to find the scattered places used by the cigar birds - with their changing habits through the season - rather than watching a barren chimney. Occasional visits elsewhere in town were done in the latter portion of August, when surveys where mostly during the last portion of decent daylight, after birds gathered at dusk, sometimes around a roost site. Some morning visits were made to roost chimneys.

Primary swift survey area at Lincoln, Nebraska. Larger chimneys represent an August roost site.

Swift Chimneys

There were 92 locations with chimneys known to be used by chimney swifts during 75 survey days. Building details include address based upon the number given on the building, or if not shown, from parcel information at the website of the Lancaster County Assessor's Office, which in some cases also provides the year when a building was constructed. Locations are presented in a general west to east direction, following the street numbering practices of the city. Notes are features or characteristics of interest, and notably, chimney size in bricks square or rectangular. A roost chimney was used by ten or more swifts on a particular occasion.

Locations of building with chimneys used by swifts at Lincoln.

510 D Street - residence - 2x3 bricks 610 L Street - J.L. Case Co., Nebraska Pump & Supply Co. signage - 4x4 bricks on east side of building 650 J Street - was Curtis Towle & Paine Co., now Mill Towne - 6.5x6.5 bricks, industrial-sized; used as a roost in mid-July 725-27 R Street - formerly Larson Furniture - 3.5x3.5 bricks, and tall; to be ripped down for urban redevelopment as a condominium with underground parking 733-737 P Street - formerly Salvation Army Thrift Store - cf. 5x7 bricks; building being renovated; used as a roost in August 747 O Street - Schwarz Paper Company - cf. 3x4 bricks, but covered; company established 1899 335 North 8th Street - Hardy Building - 4x4 bricks; business and apartment building; 1919-20 and 1927 dates for building 800 Q Street - Henkle and Joyce Building - east building: east wall 2x2 bricks, west wall 2.5x2 bricks, also one with a 1 brick diameter vent entry; west building built in 1887: west wall chimney: two 4x?3 bricks, north chimney capped by sheet metal; may be oldest multi-chimney building 803 Q Street - Huber Manufacturing - 3x4 bricks on northwest corner; 1901 date on building 227 North 9th Street - Prime Time Night Club - compares favorably to 4x4.5 bricks, covered; in southwest corner 301 South 9th Street - Cornhusker Printing - 3x3 bricks, with a peeling-side shed atop the place 1001 L Street - business building - 2x4 bricks; on the east side 122 North 11th Street - Continental Commons - 5x6 bricks, use noted later in the season 200 North 11th Street - Misty's Restaurant/Gallup - three chimneys: 2.5x2.5 bricks, 2.5x5 bricks dual entry, 4.5x6 bricks dual chamber 303 South 11th Street - Night Before Lounge - 2x2.5 bricks 315 South 11th Street - Electric Shaver & Appliance Service - 2x2 bricks; nice view from the parking garage to the east, on the upper levels 317 South 11th Street - Libations/The Grand Room - two 2.5x2.5 bricks chimneys 404-08-10 South 11th Street - Nebraska Right to Life, The Pub - 3x4 bricks; back side alley view 432 South 11th Street - former appliance shop - one 2x2.5 bricks to the west, and one 4.5x4.5 bricks chimney covered with encroaching vine growth that could eventually cover the opening 1220 Washington Street - residence - smaller chimney, house over 100 years old according to residents 1222 P Street - Swanson Russell Associates - 3x3.5 bricks - a tall white chimney - and 3x9 bricks towards the building front; 1915 date on building 1226 P Street - WCs pub - 4.5x6 at the back alley; 1915 date on building 1230 P Street - former boot & shoe repair - 4.5x6.5 bricks; 1912 date on building 301 South 12th Street - Merrill Lynch - 6x6 bricks squat in back alley 1314 O Street - Commercial Federal Plaza - 5x5 bricks in northwest corner, hardly visible from adjacent parking garage 1332-36 P Street - H.E. Wood building - 4x3.5 bricks; 1918 date on building 1335 L Street - League of Nebraska Municipalities - 3x3 bricks 411 South 13th Street - 411 Building - 4.5x4.5 bricks; used as a roost in early August 126 North 14th Street - Homer's Music and Gifts - two 2x2.5 bricks 136 North 14th Street - The Zoo Bar - 2x2 bricks with circular opening 1400 O Street - alley business and residences - 4x4.5 bricks; on the alley side of northeast corner at 14th and O street; used as a roost in August 144 North 14th Street - The Post and Nickel - formerly three buildings; 2x2 bricks, 3x2.5 bricks, 3.5x3.5 bricks towards the rear of north building 1443 G Street - residence - 2.5x3.5 bricks 210 South 14th Street - former Runza restaurant - cf. 3x3 bricks, but covered; mural wall and chimney with King Kong on one side, a wolf on another 821 South 15th Street - apartment house - two 3x2.5 brick chimneys 827 South 15th Street - apartment house - 3x3 bricks 835-847 South 15th Street - Nory Anna apartment house - 3x3 and 4x4 bricks 126 North 16th Street - W.C. Shinn building - 2x3 bricks on north wall, 3x3.5 bricks on south wall; 1908 building date 1608 O Street - Economy and Performance Auto Services - 4.5 x 7.5 bricks size near the utility line pole 1622 O Street - empty business - 3x3.5 bricks 1622-40 O Street - Lord building - 4x5.5 bricks 1625 P Street - JRW Sales - tallish 3x3 bricks square 226 South 16th Street - empty business building - tallish 2.5x2.5 bricks 300 South 16th Street - Blackstone apartment house - 4x4 bricks with broken and missing portions at the top 134 South 17th Street - apartment house - 2.5x2.5 bricks 1700 N Street - Pauline apartment house - smaller sized, covered; 1890 date on building 1701 Q Street - League of Human Dignity/Mobility Options - 3.5x4 bricks 1703 O Street - B B & R Pawn - 4.5x4.5 bricks, large size 1717 O Street chimney abuts on the east-side 1717 O Street - Poor Boy Pottery - 4.5x4.5 bricks with overlay; readily seen from the south 1729 M Street - Algonquin apartment - not readily visible from street level, center of roof area 1742 O Street - Bigler Motors - 2.5x3 bricks, with a short height

145 North 18th Street - empty house - 2x4 bricks; a dilapidated and city-condemned former residence 1820 P Street - Cathouse Adoption Center - 3.5x3.5 bricks, two-story 509 South 18th Street - Bel-Air Apartment - 2.5x2.5 bricks; twin to Angelo apartment building with a similar chimney 805 South 18th Street - Minuet Apartment - 3x3 bricks, constricted; twin to the Sonata to the south, where the chimney is covered with a vent 1911 R Street - Matt Talbot Kitchen and Outreach - 2.5x3 bricks, with a constricted entry 1944 L Street - residence - heavily enclosed by free-growth trees 1944 O Street - C. R. I. & P. railroad terminal, now Union Bank and Trust - 3x3 bricks, a former train station with a fine, and one of the best-designs on a chimney in the neighborhood 2008 R Street - empty house - 2x2 bricks; at JAVA project corridor, willing seller house to be removed according to project officials 2020 O Street - originally a hotel, Ben's Auto Parts store for several decades - ten: 2 2x2 bricks, 3 2x2.5 bricks, 2 2x4 bricks, 1 2x4.5 bricks, 4x4 bricks covered and 4x5.5 bricks; larger chimneys were roosts in latter August; built 1890 as a hotel for workers; one of oldest multi-chimney buildings 2044 R Street - empty house - 2x2 bricks; to be removed for JAVA project 2045 O Street - Road & Track automotive repair shop - 2.5x2.5 bricks with constricted opening; adjacent to JAVA project 2101 N Street - Williamson Honda - used cars - 3.5x3.5 bricks, with constricted, 1 brick entry; to be removed for JAVA project 2109 O Street - business and upstairs apartments - 2x2.5 bricks; to be removed for JAVA project; brick building with business on ground floor, apartments on second floor 2127 O Street - business building - 2x2.5 bricks; to be removed for JAVA project 2145 Q Street - empty house - 2x2 bricks; to be removed for JAVA project 125 North 22nd Street - empty house - 2x2 bricks; to be removed for JAVA project 210 North 22nd Street - residence - 2x2 bricks; a trio of chimneys occur with the two adjacent houses 2201 O Street - St. Louise Gift & Thrift Store, Catholic Social Services - 3.5x3.5 bricks with a constricted 1.5 brick entry opening 2208 O Street - Mums Liquor, Oasis Barber Shop - cf. 2-3 bricks, but with a bulging overcoat of masonry 2216 O Street - Waldron Machine and Welding - 3.5x3.5 bricks, a bit more than one story height 2229 J Street - Lincoln High School - 8.5x8.5 bricks two-story base, with multi-cornered upper portion, a completely distinct design topped with 4 lightning rods, at south end of buildings; high school established 1871 422 North 22nd Street - residence - 2x2 bricks; dilapidated house adjacent to Trago park and JAVA redevelopment corridor 2300 O Street - multi-cultural community building - a large 4.5 x 4.5 brick chimney for the tile-roofed place 2350 O Street - Rixstine award shop - 3.5x3.5 bricks, more than two-story height, white-painted 2414 N Street - Aamco Transmission - 3x3 bricks size with constricted opening 2419 Q Street - residence - cf. 2 to 2.5 bricks square; smallish and recovered 2425 O Street - Midwest Sound and Lighting - cf 2.5x2.5 bricks covered at west wall; 4.5x4.5 brick size in southeast corner 2429 O Street - Ace Rent-to-Own - 2.5x2.5 bricks size with constricted entry and slightly broken about the top 255 North 25th Street - apartment building - 3x3 bricks on west side of three-story brick apartment 435 North 25th Street - multi-dweller house - 5x5 bricks in a classic, oldtime house now subdivided 545 North 25th Street - multi-dweller house - two 2x2.5 bricks on another neighborhood classic 2980 Holdrege Street - Family of Life Pentecostal Church - squat 5x5 bricks used, with a taller 2x2.5 bricks chimney near on another roofline 3100 Plymouth Avenue - Sheridan Elementary School - four-story height, with 8 sides, each ca. 3-3.5 bricks, topped with 4 lightning rods; the school opened in 1926; the largest number of swifts for an August roost site in the city 616 South 36th Street - Saint Theresa School - two 5x5 bricks chimneys near the northeast corner; more than 50 swifts used the north chimney as a roost in mid-August 2601 North 48th Street - former city hall, University Place Galleries - cf. 4x4 bricks; 1914 date on building 4015 South 49th Street office - College View Seventh-day Adventist Church - a squat 7x7 bricks with an easy view from Prescott Street, east of 48th Street 4341 North 61st Street - Schmidt Brothers 1916/Salvage Warehouses - 3x4 bricks; a second chimney is covered 6120 Morrill Avenue - Saint Patrick's church hall - 4x4 bricks, 1908 date on building; used as a roost in latter August 6136 Havelock Avenue - Havelock Gift, now Cosmic Cow - Gift Gallery, Creative Fabrics - cf. 3x3 bricks, covered 1645 North Cotner Boulevard - Bethany Christian Church - cf. 5x5 bricks, 3-plus stories height, topped with a lightning rod, and at the alley with nearby power lines; an important primary roost in August 6635 Fairfax Avenue - former public school, now Cotner Center Condominiums - two abutting 4.5x4.5 bricks with ornate tops, with two lightning rods, four story height; a lesser roost in latter August

This list does not include every swift chimney in the area. Additional survey effort could identify other swift chimney habitat, and provide other occurrence and distribution details to conserve the local breeding population.

Chimney Loss

About ten percent of the noted chimneys will be destroyed. An essential interest in the survey was to determine the loss of chimneys due to urban redevelopment, especially some activities of the Joint Antelope Valley Authority, sponsored by the City of Lincoln, University of Nebraska-Lincoln and Lower Platte South NRD. The stated purposes of the $240 million project are flood control, transportation improvements and community enhancements. It includes a new, exposed channel ditch for Antelope Creek.

North JAVA Project area.	South JAVA project area.
East Downtown area of Lincoln, showing surface features and chimneys used by Chimney Swifts. Filled boxes mark chimneys with noted swift use, and an open box indicates other chimneys. Buildings denoted in the JAVA corridor are to be torn down to make way for urban redevelopment. Figures by J.E. Ducey.

The JAVA project will cause a dramatic decline in swift housing when at least seven known swift chimneys will be removed within the corridor from R Street to south of O street:

• 2008 R Street, residence - next to the mapped project corridor but a willing seller means removal, according to the project manager for the city of Lincoln;
• 2040 R Street, residence
• 2145 Q Street, residence
• 2109 O Street, business
• 2127 O Street, business
• 2101 N Street, business
• 125 North 22nd Street, residence

Other houses in the project corridor were torn down in the first months of 2005. There are an estimated 25 houses that would have been torn down in the three square-blocks of R Street to O Street, between 21st and 22nd streets (Figure 2). The city website said at least 48 residences would be removed, plus additional commercial buildings. The defunct Northeast Radial, another city project some years ago, replaced old homes with row-house construction, further reducing the extent of suitable swift chimneys in this portion of town.

Aged and deteriorating buildings can also be readily removed for construction of the new buildings and settings, things depicted in the well-prepared web-presentations for the JAVA corridor.

This is the first chimney where a pair of chimney swifts were noted in latter April, 2007. It is at 1145 L Street.

An example, perhaps, is 2020 O Street. Apparently built in 1890, it was a hotel for workers on the nearby railroad. It was a mattress factory and Ben's Auto Parts for decades. Most recently there was an unsuccessful dollar store. There is now a for sale or rent sign in the front window of a most unique roofline with eight chimneys, fine for generations of chimney swifts (Figure 3). The sagging brick walls of this big place would be easier removed than renovated, according to the current owner, anticipating redevelopment.

A well-worn house in disrepair on north 22nd Street - across from an impending greenway - could easily be torn down for something new, perhaps a new residence according to planning suggestions.

A condemned house on north 18th street is across the street to the block parcel that was being considered as a site for a multi-million dollar hotel. Among the old places in the Haymarket, a towering chimney will tumble when removed when the site is transformed into a pricey condominium.

Along the main streets of Lincoln, and among the urbane scene and at its neighborhoods, Chimney Swifts have suffered from destruction of chimneys. The trend of redevelopment projects causes an ongoing loss of those exquisite brick places that are a reliable home or roost for Nebraska bugeaters that are forced to adapt to the continual decline in roosting and nesting habitat.

Spring 2007 Update

Additional information has been gathered on the swifts about downtown Lincoln. Buildings are gone from the area...

Chimneys which indicate the changes to this habitat used by swifts in urban Lincoln (Photographs © 2007 J.E. Ducey).
North Haymarket chimney destoyed for condominium project.	House removed on 100 block of north 18th street, torn down for area redevelopment.
House moved to another location and renovated for continuing use.	O Street business buildings removed for the JAVA project.

Two large size roost chimneys on the block for the so-called Catalyst One project, with a large scale, multi-million construction project to include a hotel and parking garage. These two chimneys have been present since 1918, at the original name, H.E. Woods building.

Plans announced on April 26, 2005 indicate the remainder of the buildings presently on the city block will be removed for new high-rise construction. This will occur in the next few years. A Phase Two is hoped for, which will remove additional buildings from the area.

A date is not available on when the two illustrated chimneys will be removed from the chimney-scape of urban Lincoln. The former movie theatre, visible in the background, has already been removed, and is now a dirt lot.

Swift use was noted in the west chimney at dusk on April 26th. Other swifts occur at additional chimneys in the immediate vicinity, with about 15 noted during the evening survey.

Wildbirds at the University of Nebraska-Lincoln

By James Ed. Ducey

The campus settings of UNL are an attraction to migratory wild birds that use landscaping with a variety of natural shelter, grounds to forage and for some seasonal residents, sites to nest.

During the recent weeks various studies have been undertaken to get acquainted with the wild birds, especially on City Campus. Efforts have included informal surveys, and a discovery of threats present all about the built environment.

Building Hazards

Prominent building walls and features of the campus settings are a deadly hazard to avian visitors and residents.

A Red-headed Woodpecker skin from 1909 was found because it struck a window on city campus. A male Gray-cheeked thrush killed in a 1915 collision was denoted as a window strike at the library building, now Architecture Hall. Bird collisions with campus buildings have been an ongoing occurrence, with nearly a century of strike history. Bird research skins have been retrieved by staff and students on City Campus, starting in 1969, and then each year since 1987. There are now nearly 750 specimen records - from throughout the year - of birds that have hit buildings on city and east campus. A greater mortality occurs during spring in April-May and during autumn of mid-September to early November.

The danger is glass, a reflective surface that will confuse birds navigating by sight, and will provide a false scene for a bird in flight. Night lighting can also create miscues for flying birds.

Building window collisions are estimated to take from 97 to 970 million birds per year (2002 FWS estimate)

Dangerous situations - low-level passageways in restricted corridors, reflective glass, inside trees or plants that can be deceiving, lighting practices - throughout the campus, provide opportunities for campus-wide improvements.

Birds are such a distinctive and essential part of our natural scene, they deserve an attention to matters that revise building features, and reduce threats on campus.

Wildbirds Mortality

Campus bird/building collisions occur regularly and have been consistently documented. Instances have been observed but not recorded as a specimen, so additional occurrences readily increase the extent of strikes. Injured or dead bird carcasses also may be taken by any number of feral cats, precluding the chance of collection. Dead birds found by landscaping staff go into the trash.

Yellow markers indicate the site of known window strike mortality of wild birds.

Prominent locales with numerous bird-strikes, and where specimens have been collected, include:

1) Cather-Pound-Neihardt passageway (221 specimens, 1969-2003; plus April 2007 record)

2) Sheldon Art Gallery - east or west side (141 specimens, 1969-2003); construction finished in spring 1963

3) Oldfather Hall links to Bessey Hall and Burnett Hall (133 specimens, 1971-2007); Oldfather opened October 1969

4) Architecture Hall link (45 specimens, 1993-2003); construction finished in 1987

5) Love Library Link corners (21 specimens, 1992-2002, 2007); link added when north addition completed in 1974

6) Behlen Laboratory (17 specimens, 1992-2002); shown in the lab entrance, and the entry for a recent built sublevel facility

Other buildings indicated by found carcasses include: 17th and R Parking Garage, south end of west side; Manter Hall, lower levels; Kimball Hall entry; Morrill Hall south atrium; College of Business Administration north doors; Memorial Stadium, west side; Nebraska Hall link; Othmer Hall, west and south side; Wick Alumni Center, northwest corner, and north side; Lied Center, northeast corner; and, Westbrook Music Building, northeast corner and east side. There may be additional sites to consider, but where no records are extant.

East campus buildings with known window hits are C.Y. Thompson Library, Plant Science, and the Law library.

With campus improvements ongoing, additional conditions are being created that can be a hazard for our bird neighbors. The new dark-glass walls of the entry at north Behlen Laboratory may be a danger. There is the Hawk Center Passageway of reflective glass to consider. The under construction quilt center – apparently a "green design" - and virology building feature prominent glass areas. Discussions of a passageway for a new student cultural center indicate the potential for another danger spot for birds in flight. New buildings should also be "bird-safe."

More than 90 types of birds are known to occur at City Campus. Most are species noted through window-hit research specimens at the University of Nebraska State Museum:

Lincoln's Sparrow ~ 62 Orange-crowned Warbler ~ 51 Dark-eyed Junco ~ 50 White-throated Sparrow ~ 48 American Robin ~ 38 Clay-colored Sparrow ~ 29 Common Grackle ~ 28 Nashville Warbler ~ 27 Swainson's Thrush ~ 24 Gray Catbird ~ 23 Brown Thrasher ~ 23 Common Yellowthroat ~ 22 Song Sparrow ~ 20 Tennessee Warbler ~ 20 House Wren ~ 18 Brown Creeper ~ 14 Ovenbird ~ 14 Black-and-white Warbler ~ 13 Rose-breasted Grosbeak ~ 12 Swamp Sparrow ~ 12 Mourning Dove ~ 11 Mourning Warbler ~ 10 Ruby-crowned Kinglet ~ 10 Red-eyed Vireo ~ 9 Wilson's Warbler ~ 8 Harris's Sparrow ~ 7 Northern Cardinal ~ 7 Pine Siskin ~ 6 Yellow Warbler ~ 6 Hermit Thrush ~ 5 Field Sparrow ~ 5 Blue Jay ~ 4 Least Flycatcher ~ 4 European Starling ~ 4 (not protected by MBTA) Grasshopper Sparrow ~ 4 Indigo Bunting ~ 4 Warbling Vireo ~ 4 Northern Flicker ~ 4 American Redstart ~ 3 White-crowned Sparrow ~ 3 Chipping Sparrow ~ 3 Spotted Towhee ~ 3 Fox Sparrow ~ 3 House Sparrow ~ 3 (not protected by MBTA) Marsh Wren ~ 3 Yellow-rumped Warbler ~ 3

Chestnut-sided Warbler ~ 2 Belted Kingfisher ~ 2 Yellow-bellied Sapsucker ~ 2 Blue-headed Vireo ~ 2 Magnolia Warbler ~ 2 Canada Warbler ~ 2 Cape May Warbler ~ 2 Chimney Swift ~ 2 Common Nighthawk ~ 2 Gray-cheeked Thrush ~ 2 Red-breasted Nuthatch ~ 2 Rock Pigeon ~ 2 (not protected by MBTA) Sedge Wren ~ 2 American Goldfinch ~ 2 Northern Waterthrush ~ 2 Blackpoll Warbler ~ 1 Tufted Titmouse ~ 1 Yellow-breasted Chat ~ 1 American Woodcock ~ 1 Baltimore Oriole ~ 1 Barn Swallow ~ 1 Bay-breasted Warbler ~ 1 Red-tailed Hawk ~ 1 Yellow-billed Cuckoo ~ 1 (East campus) Black-billed Cuckoo ~ 1 Wood Thrush ~ 1 Black-throated Green Warbler ~ 1 MacGillivray's Warbler ~ 1 Cedar Waxwing ~ 1 Veery ~ 1 Ruby-throated Hummingbird ~ 1 White-breasted Nuthatch ~ 1 Golden-winged Warbler ~ 1 Red-headed Woodpecker ~ 1 Sharp-shinned Hawk ~ 1 Le Conte's Sparrow ~ 1 Black-throated Blue Warbler ~ 1

There are additional records of window strike mortality in a Life Sciences collection. This information would not be provided despite phone calls and email contacts.

Other species seen on or about City Campus are American Crow, American Kestrel, Brown-headed Cowbird, Canada Goose, Double-crested Cormorant, Downy Woodpecker, Great Blue Heron, Greater White-fronted Goose, Herring Gull, House Finch, Killdeer, Mallard and Turkey Vulture.

Overall, about 35 species have been noted in a lively condition about city campus in the various weeks since February 2007.

There are about 22 species noted for east campus, mostly from sightings, with very little information available on the overall species diversity.

A bird killed in a collision with a building is covered by the taking provision of the Migratory Bird Treaty Act (MBTA), enacted in 1917. An representative of the Fish and wildlife Service discussed this topic with University officials in 2006. Reference: Windows of Death: a Look at Bird Strikes. February 1997. University of Nebraska State Museum, Museum Notes No. 95. Four pages. Most of the information on the location of bird strikes is from research specimens saved at the University of Nebraska State Museum. Their assistance is greatly appreciated.

Birds of April 21-22 Weekend

An intensive look about was done Saturday morning. Another quick look in the evening added the Mallard and Clay-colored Sparrow. The Whip-poor-will was flushed from southwest of Manter and then a bit southward, then fly towards the west a bit, likely to roost again on the ground.

• American Goldfinch • American Robin - probably the most prominent species on campus • Blue Jay • Brown Thrasher - 3 males heard Sunday a.m. • Chimney Swift - pleasant overhead • Chipping Sparrow • Clay-colored Sparrow • Common Grackle - numerous near the Cushman Woods • Dark-eyed Junco - perhaps the last visitors • Double-crested Cormorant - flying above campus • Downy Woodpecker • European Starling • Field Sparrow - heard and seen in a small flock • House Finch

• House Sparrow - noisy and copulating at the 17th and R parking garage • House Wren - slights songs heard a couple of places • Killdeer - in the construction zone • Lincoln's Sparrow • Mallard - a lone drake in the relict creek • Mourning Dove • Northern Cardinal - vocal in the morning • Northern Flicker - north of the library • Orange-crowned Warbler - among the blooming trees • Rock Pigeon • Spotted Towhee - ground scratchers readily heard • Whip-poor-will - quite a surprising and nice observation • White-throated Sparrow - sweet whistlers • Yellow-rumped Warbler

With new additions, this makes 95 species that have been recorded on the campus grounds.