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.

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.

Regulatory Compliance Vexing for Saddle Creek CSO! Project

Compliance with federal regulations has been problematic for department of Public works officials in recent days. Different items of requiring immediate attention occurred within a day-or-two period for city of Omaha officials managing the Saddle Creek project along Center street.

It apparently started with an observation of a pair of red-tailed hawks at a nest just south of an area where tree clearing had occurred mid-week, according to people involved with the project.

There is a federal stipulation that nests of species associated with the Migratory Bird Treaty Act cannot be disturbed or destroyed.

Once a pair of hawks were noted, nearby a nest, the project site was shut down, according to details provided by city officials during a site visit on Friday afternoon, 29 March.

They thought that since the birds were "nesting" there could be no further disturbance. The project manager said calls were made to the Nebraska office of the Fish and Wildlife Service, but no one answered. So there was resolution to the situation. We "did not know what to do," he said. "Nobody knew what to follow."

So, project activity at the site was suspended.

This was Thursday.

On Friday morning a personal visit was made to the site on the east side of Westlawn Cemetery, henceforth designated as Westlawn Creek.

There were several typical birds, including an appreciated Brown Creeper, and misplaced Black-capped Chickadees. There were no Red-tailed Hawks seen in the immediate area or even the general vicinity.

Black-capped Chickadee on former habitat.

Abandoned Red-tailed Hawk nest.

What was most obvious was a lack of sediment curtains along earthen slopes adjacent to the flowing waters of the creek. Nothing was present to prevent erosional deposition from these slopes into the creek, especially perhaps during the rainfall expected during the pending night.

Early on Friday afternoon, a phone call was made to the Army Corps of Engineers, the federal agency which issued the 404 permit. The regulatory permit for this particular project, as provided by the Corps of Engineers, required that sediment curtains be suitably placed, according to an officials at the Wehrspan regulatory office, that described the particular conditions for this permit.

This was the situation during another visit to the site on Friday afternoon. Public Works department men were present, including a sediment specialist. We walked the site and discussed the situation. He said the sediment curtains would be still be put in place during the day. It was about 3 p.m.

A project official indicated more than once, that sediment curtains would be yet put in place during the afternoon. When the Corps contacted a project official, the person said the same thing, according to an email subsequently received from the Corps of Engineers staff person responsible for this project.

During the afternoon visit, a couple of other Public Works guys arrived. The four of us did a similar sort of jaunt along the barren ground on the east side of Westlawn Creek. Particular attention was given to the hawk nest, south of the boundary of woodland clearing.

View of area cleared of trees, with them piled in background.

Perspective along Woodlawn Creek on Friday.

The land was barren, and there were no hawks, and very few other sorts of birds. Though a hawk, or two, had been seen near the nest a day or two earlier, as indicated by a photograph shown by someone from Public works, my prognosis was that the nest had been abandoned. No eggs had been laid, and there were certainly no young birds present. There was no need to delay, as indicated in another call of my perspective conveyed to Public Works. The northern portion of the site could have been worked, because there were significant visual barriers, which would limit the disturbance factor, for places at the southern portion of the project site.

Because of suspending work activities due to the potential of nesting activities associated with a protected species, the sediment curtains were not immediately put in place.

The sediment curtains were installed Friday evening, as an email notification was provided to the Corps of Engineers about 8:30 p.m.