Bird Survey of Summer Avifauna in Goose Lake District

An unusual bird survey effort occurred on Sunday, August 12 at several wetlands in the vicinity of Goose Lake, WMA in southeast Holt county. Jason Thiele visited the wildlife management area, Detters Lake to the west and also kept notes of occurrence for wetlands present at the headwaters of Clearwater Creek (which eventually empty into the Elkhorn River) along county road 846.

What is notable is that the largest extent of waterfowl were at the small wetlands rather than at Goose Lake. The results are also valuable for indicating songbirds of the later part of the breeding season. This is a list of the 39 species recorded — with most of the songbirds from the wildlife area — according to records available at ebird.org:

Proper Name - Indicated Number

Canada Goose - 55 Wood Duck - 20 Blue-winged Teal - 120; 70 at one spot and 50 at another Northern Shoveler - 4 Mallard - 10 These five species of waterfowl were at a wetland complex which is a portion of the headwaters area of Clearwater creek, a waterway hydrologically connected to the Elkhorn River which then connects to the Platte River that has a known designation as "waters of the United States" Northern Bobwhite - 2 Pied-billed Grebe - 1; also at a Clearwater Creek headwaters wetland Great Blue Heron - 3; seen only at the Clearwater wetlands Turkey Vulture - 1 Red-tailed Hawk - 1 Killdeer - 6; only at the Clearwater wetlands Spotted Sandpiper - 1 Solitary Sandpiper - 1 Franklin's Gull - 1 at the WMA lake where there is a fisheries resource Belted Kingfisher - 1 Eurasian Collared Dove - 1 Mourning Dove - 9; either at the WMA or one of the Clearwater Creek wetlands surveyed

Downy Woodpecker - 1 Northern Flicker - 4 American Kestrel - 1 Eastern Kingbird - 16; a dozen at Clearwater wetlands Warbling Vireo - 1 Blue Jay - 1 American Crow - 6 Black-capped Chickadee - 2 Barn Swallow - 6 House Wren - 1 Grey Catbird - 1 Common Starling - 5 American Robin - 8 American Goldfinch - 9 Common Yellowthroat - 1 American Yellow Warbler - 1 Western Meadowlark - 8 Baltimore Oriole - 1 Red-winged Blackbird - 49 Song Sparrow - 2 Field Sparrow - 2; actively breeding at the WMA Northern Cardinal - 2

Notably missing is any indication of the Eastern Meadowlark, which is typically a regular resident in the extensive wetland meadow habitat in the area.

The proposed r-project industrial powerline would be placed along county road 846, and which would basically create an artificial skyline barrier between Goose Lake WMA and important marshland southward along the county road that includes habitats in northern Wheeler county.

There are historic records for this region available from August 1990 and 1993, as well as a some additional results from July and more in September in different years.

Ineffective Roadside Erosion Repairs Along Park Lane at Minnechaduza Creek by the Cherry County Roads Department

Presented July 31, 2018 at the Cherry County Commissioners meeting.

There is an ongoing erosion problem along Park Lane at the bridge crossing over Minnechaduza Creek. Water runoff from the street has been diverted by the Cherry County Roads Department (CCRD) – the entity responsible for maintenance of this roadway – onto Valentine City Park property and which then drains into the creek.

Gully erosion at failed spillway.

An obvious extent of erosion was occurring in early July so the situation was reported to the CCRD office, with a request that a repair be done. The following steps by CCRD were then taken, as personally observed:

1. 1) A smallish berm of some sort of unknown aggregate was placed to move water southward to where it could pour off the bridge and into the creekway; the berm at the gully was washed out by a subsequent rain
   
2. 2) A larger berm of aggregate was placed at the problem site, which washed out during the next rain
   
3. 3) An asphaltic mix was strewn over the repaired berm to divert the water southward
   
4. 4) The asphaltic mix berm was modified so there would be a “spillway” into a gully to direct water runoff into the creek; a portion of the spillway was washed away during the rainfall on July 23rd, and the problematic situation was once again reported to the CCRD office. At this time it was mentioned the CCRD employee indicated that some sort of repair would occur on August 1, so a request was made for further details with findings requested to be heard later in the week.
   
5. 5) On July 25 a bunch of large rocks were dumped into the erosional gully to seemingly thwart erosion. It was another effort of failure as there are too many voids that will allow the unchanged route of the runoff water to erode beneath the rocks.
   
6. 6) Upon asking on July 26 at the CCRD office about the repair to supposedly occur on August 1, no information could be provided.
   The dump of big rocks occurred following an apparent consultation with a City of Valentine official (this situation has been discussed at least twice with the city manager).
   

This situation is problematic for at least these reasons:

Park Lane at North Lake Shore Drive. Erosional problem at the lower right of this photograph.

1. A. The problem has not been suitably fixed despite five attempts by county employees.
   
2. B. The runoff is being conveyed down the creek bank so erosion is occurring next to the bridge abutment, which might eventually result in a threat to its integrity?
   
3. C. Stormwater runoff from a county road is being forced upon a western extent of Valentine City Park, diminishing this public property. Why should a county issue become a city problem!
   
4. D. Sediment resulting from the runoff gully is going into the creek, and thus is a situation where fill is being illegally placed into waters of the United States, according to Section 404 regulations as dealt with by the Army Corps of Engineers. Runoff sediment is obvious in the creek at this site, thus there is a violation of this federal mandate. A sediment fence was placed along the creek-side on July 30.
   
5. E. Runoff water and erosional material is allowed to get into Minnechaduza Creek, degrading its water quality (as regulated by the Nebraska Department of Environmental Quality) by adding automotive road debris into the creek, as well as allowing roadside trash to get into the creek waters thus contributing to unacceptable pollution.
   

When will a long-term, permanent solution be placed here? An example of one solution is obvious on the west side of the street, where there is a drainage culvert. There are other solutions available (reshaping the street surface to establish a less-concentrated runoff pattern; perhaps a pond or wetland for runoff from Lake Shore Drive at the northeast corner of the Mill Pond, or maybe a bioretention garden at the park?).

The bottom line is: Why do Cherry county residents have to continue to pay for ineffective work associated with a roadway? Who is accountable for this obvious failure, thus far?

Rocks dumped by the Cherry County Roads Department at the erosion problem aside Park Lane, and within Valentine City Park.

Erosional material and can trash below the drainway failure at Minnechaduza Creek and Park Lane. June 30, 2018.

---

County Fails Again With Repair While Valentine Street Department Does Right

August 20, 2018

The City of Valentine is attentive to roadway issues and their reaction and action was very obvious on the north side at Minnechaduza Creek on Friday, 17 August.

There is an ongoing and unacceptable situation along the Park Lane where it crosses Minnecheduza Creek. Maintenance along this roadway is the responsibility of the Cherry County road department. Cherry county officials and employees had repeatedly failed in their repair efforts, as despite five useless repair efforts the erosional problem continued. Even after the situation was presented at a Cherry County commissioners meeting where a document with details and photographs was presented, nothing changed. The only thing heard at the meeting was bloviating by a particular commissioner about this or that in previous years and how great the results had been during past times. There was an indication that the problem would be dealt with, yet it was not. Whatever county employee responsible for this failure needs to be held accountable as he has wasted multiple hours of employee time and thus money on doing worthless things.

Because of the big rain on Wednesday, August 15th, the sediment fence placed by the street crew of Valentine to prevent material from getting into Minnechaduza Creek was overloaded and there was a stream of the sediment that flowed beyond the fence but thankfully did not pollute the creek. Next to the street, there was a safety hazard as the roadside dropoff was more than 12 inches and the creekward incline fell off even more dangerously.

Upon reporting the situation to staff in the Valentine city office on Friday morning, the entire situation changed. The city of Valentine street crew took control. The office staff conveyed my message. A city worker quickly assessed the problem. A suitable and effective crew arrived, including heavy equipment and they were focused and seen to be quickly working to solve an ongoing problem, within the morning to provide a temporary repair.

City of Valentine staff and its street crew quickly arrived on last Friday morning – after having left a brief message in city hall – and addressed a situation which was actually the responsibility of the county. The current diversional situation is quite fine to avoid further erosion. It is however quite unknown when the county will provide a permanent solution to an obvious and ongoing problem. There would be no more stormwater runoff causing erosion on the bank along a county road. The creekbank in west Valentine City Park was being given attention and work done to ensure that sediment would not get into Minnechaduza Creek. The Friday repair was more than enough to make certain the fill, overlying asphaltic mix and temporary curbing would replace a worthless county effort.

The current repair is, however, only temporary. There has been no indication of a permanent repair by the county. The works needs to be acceptable to the City of Valentine and local residents. Perhaps commissioner Jim Van Winkle should pay attention to happening now, rather than speaking of past times which mean so little at their monthly meetings. Thankfully in January he will no longer be able to publically convey his historic haze of events which mostly now have only a slight significance. Perhaps commissioners Tanya Storer and Martin DeNaeyer should pay attention to local concerns rather than travel to Washington D.C. during these August days. Do they think their presence meant anything to people that have actual, significant national accomplishments? It seemed to have just been a photo opportunity?

City of Valentine employees listened and acted. My hearty thanks to them!

P.S. There was no change at this locale following the rainfall on the 19th. So there appears to be an adequate, temporary repair until the county does an actual permanent repair.

Request Filed to Classify Wind Turbines as an Industrial Feature in Cherry County

A request to amend the Cherry County, Nebraska, zoning regulations was filed July 19, 2018 to revise the designation associated with wind turbines. The request was to change the regulations so wind turbines are an industrial feature, rather than the currently classification as “commercial/utility”. An additional request was to have industrial wind turbines specifically indicated as an industrial use as referenced by section 303 of the county regulations.

The request was filed by Cherry County landowner William R. Weller – whose property adjoins many parcels owned by a land-owner who has signed an agreement to allow wind turbine placement on their property. Mr. Weller also paid the $50 filing fee early in the morning on July 19 at the county offices. A two-page attachment was included in the filing, indicating where changes in the regulatory text were being requested, mostly associated with section 613 of the zoning regulations.

When the was submitted to the county zoning administrator, a request was made that the item be placed on the agenda for the August 7th Planning and Zoning Board meeting to indicate a specific date and time for a public hearing and an active public consideration of this proposal.

This is the request filed with the zoning administrator by Mr. Weller.

Request for Revisions to the Cherry County Zoning Regulations

July 19, 2018; changes are indicated by bold text. This online document has been slightly changed for formatting purposes, but there were no substantive changes in content.

303.42 INDUSTRIAL USE: Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.

Revise to:

303.42 INDUSTRIAL USE: Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, mineral extraction or any WECS with a wind turbine(s) height above ground exceeding 100 feet.

SECTION 613 WIND ENERGY CONVERSION FACILITIES

613.03 Commercial/Utility Grade Wind Energy Systems

Revise to: 613.03 Industrial Grade Wind Energy Systems

Purpose: It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind energy systems within Cherry County.

Revise to:

It is the purpose of this regulation to promote the safe, effective and efficient use of industrial grade wind energy systems within Cherry County.

Definitions

2. Commercial/Utility WECS shall mean a wind energy conversion system of equal to or greater than 100 kilowatts in total name plate generating capacity.

Revise to:

2. Industrial WECS shall mean a wind energy conversion system of equal to or greater than 100 kilowatts in total name plate generating capacity.

Requirements

Commercial/Utility Grade wind energy systems shall be permitted as a Conditional Use within any district where...

Revise to:

Industrial Grade wind energy systems shall be permitted as a Conditional Use within any district where...

Table on Setbacks; column title

WE-CS Wind Turbine Commercial/Utility WECS

Revise to: Wind Turbine Industrial WECS

Special Safety and Design Standards

All towers shall adhere to the following safety and design standards:

Section 1. The Commercial/Utility WECS owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied...

Revise to:

The industrial WECS owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied...

Section 3. All Commercial/Utility WECS shall have a sign or signs posted on the tower, transformer and substation

Revise to:

3. All industrial WECS shall have a sign or signs posted on the tower, transformer and substation...

4. All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a tubular, monopole type tower.

Revise to:

All wind turbines, which are a part of an industrial WECS, shall be installed with a tubular, monopole type tower.

6. Color and finish:

All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or another non-obtrusive color. Blade finishes shall be matte or non-reflective.

Revise to:

6. Color and finish:

All wind turbines and towers that are part of an industrial WECS shall be white, grey, or another non-obtrusive color. Blade finishes shall be matte or non-reflective.

12. ... each Commercial/Utility WECS shall have a Decommissioning plan...

Revise to: 12. ... each industrial WECS shall have a Decommissioning plan...

13. Noise:

No Commercial/Utility WECS shall exceed 50 dBA at the nearest structure occupied by humans.

Exception: a Commercial/Utility WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.

Revise to:

No industrial WECS shall exceed 50 dBA at the nearest structure occupied by humans.

Exception: an industrial WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.

Resource Agency Destroys Grassland Vegetation

The Middle Niobrara Natural Resources District recently destroyed wildland vegetation at the Valentine Mill Pond in order to comply with a recommendation from the Nebraska Department of Natural Resources.

A unique area of warm-season grasses, forbs and other plant species growing in a small tract northeast of the mill pond was intentionally mown as it is the emergency spillway for the mill pond. Not included in the discussion is the well established drain which can be opened to facilitate removal of water from the pond.

An inquiry at the MNNRD office indicated that the mowing was done because of a “recommendation” by DNR. Staff were indifferent to the distinction of a recommendation to a requirement.

Results of the mowing – which is the first time the site has been mown in the past few years – was more than dismal. Results are indicative:

1. Vegetation was sheared to a minimal height and in some instances was cut so low that bare ground was apparent.

2. Ruts were left where the mowing occurred in lowland while there were moist-soil conditions.

3. Several clumps of cut vegetation were left behind which could result in further degradation of vegetation due to a “smothering” effect of the piles.

4. Mowing was done during a time of the year when wildbirds were breeding in the immediate vicinity, including a resident Common Yellowthroat.

5. Areas were mown which had a ground elevation above what could be considered as being within the required spillway.

MNNRD officials took no responsibility for these results, instead agency staff said that the “recommended” mowing had to be done. There is a big difference between recommended and required. NRD staff did not want to consider this distinction.

An inspection by DNR staff occurred on March 28, 2018 according to a document provided by the state agency. One “deficiency requiring attention” was trees on a downstream slope. The two state of Nebraska employees must have been inattentive as this tract of vegetation did not have any tree or shrub growth. This is a place observed daily during the past three years and where there was no such growth. The NRD responded with an eventual mowing, once when there was an equipment breakdown and then a second time when the greatest extent of grassland vegetation was destroyed.

Following the second mowing in July, an email exchange occurred with DNR staff. Initially, there was an information exchange, but after indicating a short list that might help to protect vegetation values while still meeting the necessity for dam safety, the person at DNR cut off the communication by a terse comment that the NRD can cut the vegetation weekly if they want. This was their indicative response to establishing parameters that could protect a bit of a natural vegetation space.

When asked – via email by a DNR employee – what might be done to protect the natural values associated with the spillway area, my points were:

1. Mowing should not occur every year as biannual mowing would be sufficient

2. Do not mow to an extent that “scalping” of the vegetation occurs and nearly bare areas are a result; there should be approximately six inches of remaining vegetative height

3. Indicate the extent of emergency spillway area that would need to be mown so that natural vegetation on portions of the site could thrive without disturbance

4. Do not mow during the bird breeding season, or approximately April 15 to August 15

5. Consult with an authority on warm-season vegetation so that mowing would occur at a time that would be beneficial to the continuing vitality of this little bit of natural plants and which is a unique feature of the mill pond public space

6. These items should be established by a signed memorandum of agreement to ensure that the NRD and DNR agree on how the grassy space would be managed

Numerous pictures have been personally taken at what has been a quite fine growth of summer plants, including different sorts of warm-season grasses. There is nothing better than a view of “turkey-foot” or Big Bluestem as seen against a western sky. Indian Grass has also been indicative, as well as Switch-grass. Species of various special pollinator insects have appreciated the variety of special forbs including milkweed. There was common mullein they appreciated. Habitat was removed with particular intent.

A bit of natural space at the Mill Pond – known as Lake Minnechaduza in 1919 – has been important to many sorts of wildness that anyone could enjoy every day. It is deplorable that government officials whose job is conservation, do exactly the opposite in failing to conserve unique resources and where there is relatively barren ground instead of lush vegetation.

The final communication with the DNR was an email of indifference and a pathetic statement that the NRD could mow the tract every week if they wanted to. Whatever was to occur was something that the agency did not care about, as they were only responsible for the safety of the dam. This statement was made despite the inspection report having trees as an item specifically considered among the “downstream slope” section of the dam inspection checklist.

Something could have been done to reach an equitable solution, but instead state bureaucrats decided to do nothing for the vegetative resource and unique public setting. The Nebraska Department of Natural Resources indicates requirements yet takes no responsibility for the results.

In the case at the Valentine Mill Pond, a unique resource is ravaged with apparent indifference by the NRD because of the DNR.

June Birds at Valentine, Nebraska

There was nothing especially different associated with the occurrence of wildbirds in the immediate vicinity of Valentine, Neb. during June except that it was another exceptionally special month as resident species were busy breeding and raising young. Bird song started every day at 5:30 a.m. and continued to some extent throughout the day until the sun set. Juveniles of some species becoming very obvious towards the end of the month.

Some notable items are:

• Wild Turkey: numbers varied day-to-day but at least one arrived each morning to peck and eat. A regular visitor was a hen, given the name Mabel, who brought her friends of the flock to gobble up the sunflower seeds.
  
• Turkey Vulture: numbers of these aerialists are enjoyed daily as they float above the North Lake Shore Hills and Clarkson Hill.
  
• Mourning Dove: adult incubating a recently built nest at the end of the month.
  
• Great Horned Owl: prevalently heard during early months of this year but very rarely heard or seen during late-spring and the first of summer month arrived.
  
• Cedar Waxwing: two died upon hitting the glass of patio doors of a north Valentine residence; one died immediately and the other shortly later. This is a local indication that a glass expanse is always a danger anywhere. At my residence, birds repeatedly hit the big north window, but none have been found to have met their demise during strikes that occur regularly with Dark-eyed Junco during the winter season.
  
• Common Nighthawk: certainly more prevalent than indicated, but there are no evening birding outings personally done.
  
• Purple Martin: nesting at the house at Wacky West RV Park and also at one along the 500 block of north Ray Street. At both locales, the martins have to fight House Sparrows for a nesting berth. A house at the northeast corner of 6th and Valentine was not occupied.
  
• Swallows: American Cliff Swallow nest at the Valentine Mill Pond, both at the west end on the Highway 83 bridge and then at the mill pond dam, and then down-stream at a concrete relict along Minnechaduza Creek, below the fishery. Northern Rough-winged Swallow occur daily but their nesting place will continue to be a mystery this year. Surprisingly rare is the Barn Swallow, which was only seen once along the Cowboy Trail near the livestock market. There are a multitude of other places where nest could be built, but apparently are not something suitable to the species.
  
• House Wren: a pair busy all month at their appreciated shelter in a pipe that is part of the structure of the hay shed.
  
• Common Grackle: numerous at the seed buffet and with numerous squawking juveniles, getting fed by their parents when the food source was literally at their feet; one juvenile that apparently got disconnected from its parents was very tolerant of any human presence as it could be approached within about three feet before taking flight. My name for it was Mo.
  
• Red-winged Blackbird: numerous individuals appreciating the seed; near the end of the month, a male with a broken leg was obvious as it did not stand on its remaining leg but instead ate while crouching on the porch rail. It was seen on only one day while it strived to survive despite its injury.
  
• Black-headed Grosbeak: the birds that took up residence about the eastern end of the Valentine Mill Pond and northward at the Water Tanks Tract continued to occur and that was notably different from the dearth of observations in the most recent previous years.
  

Prominent birds at my seed buffet include the Wild Turkey (especially a hen that visits daily and is almost deserving of personal birdly recognition; some of this birds realize food is available, they run to the place where they forage vivaciously outside the front door and even on the porch), bunches of Common Grackle of various ages, Red-winged Blackbird including busy females and Brown-headed Cowbird. Fewer numbers of Mourning Dove and Eurasian Collared Dove, along with Chipping Sparrow and Lark Sparrow occur. A Northern Cardinal visits occasionally. These species start eating starting at sunrise, then throughout the day and until sunset so there is a whole lot of bird activity daily. Notably appreciated are the sparrows. Add in the mammals White-tailed Deer, raccoon, White-tailed Rabbit and Fox-tailed Squirrel. All of these critters eat for free whenever they want! The seed mix disappears quite quickly since there is no accounting office where the feed bill should be sent!

Notably missing in the tally was any sighting of a Bald Eagle or any indication of the Belted Kingfisher which was certainly a breeding season resident somewhere in the area. Within the Heart City, Rock Dove are more prevalent than records convey. More effort should have been given to surveys at the Valentine City Park and Government Canyon where Red-headed Woodpecker have been known to prevail.

These are the 61 species noted:

June Birds at Valentine

Proper Name        Julian Date =	155	158	163	172	173	180
Canada Goose	11	--	--	16	--	14
Wild Turkey	10	2	16	6	10	4
Great Blue Heron	1	--	1	2	--	--
Turkey Vulture	10	--	21	11	--	17
Cooper's Hawk	--	1	--	--	--	--
Red-tailed Hawk	--	--	1	2	--	--
Killdeer	--	--	1	--	1	1
Rock Dove	5	--	5	--	--	--
Eurasian Collared Dove	5	--	10	8	--	7
Mourning Dove	7	4	8	7	--	6
Yellow-billed Cuckoo	1	--	1	--	--	--
Common Nighthawk	1	--	--	--	--	--
Chimney Swift	8	--	7	6	--	6
Belted Kingfisher	1	--	--	--	--	--
Red-headed Woodpecker	1	--	1	--	--	--
Downy Woodpecker	1	--	1	3	--	1
Hairy Woodpecker	1	--	--	--	--	--
Northern Flicker	1	--	1	1	--	1
American Kestrel	1	--	--	--	--	--
Eastern Phoebe	--	--	1	--	--	1
Eastern Wood Pewee	1	--	1	--	--	--
Western Kingbird	7	--	7	5	--	6
Eastern Kingbird	4	1	2	1	--	1
Great Crested Flycatcher	5	--	4	4	--	4
Bell's Vireo	1	--	1	--	--	--
Warbling Vireo	--	--	1	--	--	--
Red-eyed Vireo	2	--	1	2	--	1
Blue Jay	3	--	--	--	--	1
American Crow	2	--	1	2	--	--
Cedar Waxwing	5	--	3	6	2	5
Black-capped Chickadee	2	--	--	2	--	2
Purple Martin	--	--	6	--	--	14
Northern Rough-winged Swallow	5	--	8	6	--	6
Barn Swallow	--	--	1	--	--	--
American Cliff Swallow	15	--	30	25	--	35
House Wren	8	3	12	6	--	10
White-breasted Nuthatch	1	--	2	1	--	1
Grey Catbird	1	1	1	1	1	1
Brown Thrasher	1	1	1	--	1	1
Common Starling	2	--	2	--	--	2
Eastern Bluebird	4	1	1	--	3	--
American Robin	14	1	27	23	--	30
House Sparrow	--	--	10	--	--	10
House Finch	3	2	4	5	--	5
American Goldfinch	3	2	3	2	--	3
Common Yellowthroat	2	--	2	2	--	2
American Redstart	2	--	--	--	--	--
American Yellow Warbler	2	--	1	2	--	1
Western Meadowlark	2	--	--	--	--	--
Baltimore Oriole	1	--	2	4	--	2
Orchard Oriole	1	1	--	3	--	1
Red-winged Blackbird	--	10	25	25	--	30
Brown-headed Cowbird	10	--	12	12	--	10
Common Grackle	12	--	32	30	30	30
Chipping Sparrow	5	2	10	7	--	7
Field Sparrow	1	--	1	1	--	1
Lark Sparrow	4	4	4	4	--	6
Spotted Towhee	1	--	1	1	--	1
Black-headed Grosbeak	--	--	1	1	--	1
Northern Cardinal	1	1	1	1	--	1
Indigo Bunting	1	--	1	--	1	--

The tally in 2017 was 53 species from four dates of records; and then 66 species from five dates in 2016. The combined total is 74 species.

Ranch Land Facing Threat of Eminent Domain

June 21, 2018. Ranch land facing threat of eminent domain. Grant County News 133(47): 1, 3.

Ranchland heritage established by Dan and Barbara Welch is facing the threat of eminent domain that would impose an industrial powerline on their place south of Thedford.

The Federal Aviation Administration has issued multiple documents, each of them titled as a “determination of no hazard to air navigation” for a transmission line, which is basically for 35 industrial powerline towers – built 1350 feet apart – associated with the Nebraska Public Power District r-project. The powerline constructs would transit the Brush Creek Ranch and other private property south and southeast of Thedford.

One of the approved towers, more than 132 feet in height, would be placed on the southern edge of the Brush Creek Ranch, and adjacent to highway 83. The proposed powerline would continue a short distance to the north, then go easterly, and then again northward as the final tower having been considered by the FAA would be adjacent to the Middle Loup River, just south of what would be an expanded power substation east of Thedford, along Highway 2.

The towers needed for the 345-kV industrial powerline at the designated locations would vary in height from 62 feet to 140 feet, with 29 more than a hundred feet in height. Work is scheduled to be completed from January 2019 to December 2020. The “determination” would expire if construction had not been started by December 4, 2019. There would be no requirements for marking or lighting, according to the FAA documents. Maps indicating the specific placement of each tower are provided at the agency website.

The type of tower is not indicated by the FAA summary page. There would apparently be several monopole towers along a short distance of Highway 83 and then steel-lattice towers on rangeland of the Brush Creek Ranch, according to environmental review documentation.

NPPD would have to also use eminent domain to place monopoles on nearby property owned by Brent Steffen, just south of the Brush Creek Ranch, and along Highway 83. Both Welch – who has undertaken legal action to prevent NPPD from accessing his property – and Steffen – who has written several letters to editors in different newspapers – have been very consistent and vocal opponents to the r-project. Neither of them have signed an easement agreement to allow powerline construction on their personally owned private property. Thus eminent domain procedures by NPPD would be required for construction to occur in Thomas county and notably elsewhere along the proposed 225 mile powerline corridor where every request by the power company for many easements have been unacceptable to multiple property owners.

Vehicular access would be necessary along the entire length of the transmission line and would continue to be needed for years for ongoing maintenance requirements.

Construction through the middle of the Welch Ranch would involve placement of monopoles using huge cranes and seemingly be done because of readily available access along Highway 83? Then lattice towers, would apparently be placed using a helicopter, according to r-project documents; associated ground crews would drive vehicles across the hills. A very local staging area where lattice tower pieces would be put together and flight landings would be required, according to details provided by NPPD in federal project application documents. There is a dearth of details on “staging areas” where towers would be built or helicopters would land, specifically for the south Thedford area. There also may be the need for a “pull-site” on the Welch Ranch, since the proposed line makes a change from north-south to east-west alignment near the southern most towers as approved by the FAA.

There was no opportunity for public comment on the FAA applications, which for the initial filings did not provide any “sponsor information” and for which details were only indicated once final determination was made, based upon a comparison of online documentation on different dates in late May and early June.

Any other applications for FAA consideration of transmission line placements for the r-project were not found at the agency website as of the first week of June. Each powerline tower needs a distinct “determination of no hazard” finding.

The r-project is still currently being evaluated by the U.S. Fish and Wildlife Service, which has thus-far issued no environmental permits necessary for construction to be started. There has been no time indicated when the findings of this agency will be available for public consideration.

Industrial Development Stopped Upon Avia

Galactic Year 102018. Based upon a release of information by the Avia Federation.

A decision to continue the entirety of the planet of Avia as a preserve for avians recently occurred, thus halting plans by an interplanetary developer to establish a mining operation on the planet, located in the Andromeda cosmos.

Their request was denied, following a decision by the Queen of Light.



Avia is a planet dedicated to the preservation of birds in the many habitats of the natural ecosystem encompassing the entire planet, with very few research monitoring outposts, as supported by a galactic community of contributors.

Another recent attempt to establish an industrial presence by a mining conglomerate of a nearby planet, and known to establish operations wherever they could to make a profit was stopped, with essential intergalactic assistance and arbitration required.

The ephemeral Queen of Light arrived with her assistant, the Princess of Light, along with a delegation that included several Angels of Light to indicate that any decision would be enforced. Each of them were prominent yet hard to see.


Following her arrival and once suitably settled in the planetary administrative building, readings of the will of planetary residents and others within the stellar realm occurred multiple times. The Queen of Light – with her supreme powers of empathy and understanding – then presented a diagram indicating multiple boxes of different colors that conveyed the preference for what should occur. The graphic figure was prominent and distinctive in a singular perspective, with protection the preferred option.


While the delegation was upon Avia, multiple attempts were made by parties associated with the development entity, to thwart the arbitration. An attempt to block the solar light to diminish stellar power failed in its effort to inhibit efforts to understand the pulse of the planet.

The decision was obvious, with the majority rejecting the industrial proposal. The planetary land would continue to be a space where birds should would thrive, and any contrary efforts would be prohibited.

Just a few years ago, there was a battle at the central headquarters of the Avia Federation, at its headquarters situated upon a vast grassland plain. An attack by pirate spacecraft was repulsed during a single-day confrontation. Damage did occur to the single administrative building on the planet.

Avia is about half the size of Sol – the sun of Gaia – but the forcible effort to impose industrialization was thwarted.

This fight was an initial intergalactic effort – involving a party from Gaia, within the Milky Way and having an appropriate resume – helped with tactics based upon the reality of knowing birds and what could be done to repel the invaders. The result was a cooperative agreement that the planet would solely be a vast landscape of myriad floral habitats where birds would thrive and survive in abundance.

The fight indicated a victory and definitive decision to get bird conservation enacted on a planetary scale with an official designation by cosmic administration officials that Avia would be a bird haven where any artificial constructs would not be acceptable.

An edict has been issued by the intergalactic council to indicate the planet is being managed for the benefit of thousands of different sorts with habitats and a plan where so many sorts of birds survive and thrive. The planet has a multitude of habitats, including oceans and islands, multiple sorts of forests, many different lakes, riverine woods, wetlands and prairies, as well as other spaces.

No details are available from any chronicles of the Milky Way to indicate the many thousands of sorts of avians that dwell upon Avia. There is no bird guide available. Information that might become available in the future may convey additional specifics for this planetary ecosystem.

There could be a multitude of knowledge to indicate "species" of avians present on Avia. There are no known surveys that would be helpful.