One thing is for sure, the residents of Eagle Mountain like their rural feel as well as the wildlife that they share Eagle Mountain with. Over last last week or so, residents like Dayna Koch looked on in horror as the Developer for Flagship Homes (Peter Evans) destroys owl habitat and Deer Migration paths as they make way for more housing in the Silver Lake subdivision.
In the Eagle Mountain Citizens group on Facebook, a group that now is just shy of 14,000 members, Dayna Koch posted pictures of the destruction being done to what is know as Tickville wash. Tickville wash is a dry stream bed that runs through Eagle Mountain. It is home to burrowing owls, as well as is used by the local Mule Deer population as a secluded migration path. The Utah Department of Wildlife has placed trackers on several deer in a local mule Deer herd, and have recorded the deer using the Tickville wash as a migration path. Residents have also taken pictures of owls using the steep banks of the wash as nesting sites.
Did The City Approve?
Dayna brought up her concerns on Facebook and ask the Mayor what was going on. I am using her comments from Facebook in this article with her permission.
Dayna writes, “Mayor Tom Westmoreland (could someone tag him that has the ability? I am incredibly concerned about what my family saw happening to the gulch behind silver lake today. I know that concerns about this have been brought to you and the council’s attention. It is well know that that area is home to a variety of animals, especially a few species of owl. There was an overwhelming amount of concern and support for trying to protect this area and the animals in it. It’s our job to be stewards of these lands and help maintain and protect the ecosystems we are a part of. I have been made aware that the city council has all agreed that money and time should be invested by the city to work with the construction company to re-route some things and protect this area. Why are efforts not being followed through to make this happen? These pictures were taken tonight of more damage being done to the gulch within the past week. What more do you and the city need to see and hear to understand that the citizens want this area and wildlife protect? What kind of example are we setting here for the future? These animals truly are dependent upon us to protect them at this point. Please do the right thing here. It wouldn’t be difficult for the construction company to slightly change plans to make this happen. I’m including pictures of the gulch taken today and a picture of an owl in a tree next to the gulch taken this summer by myself.”
Photo by Dayna Koch Photo by Dayna Koch Photo by Dayna Koch
The following conversation between Dayna and Mayor Westmoreland then goes as follows.
Dayna Koch
Tom Westmoreland I have some very legitimate concerns about decisions the city continually makes concerning wildlife and ecosystem impact. We know building is going to happen out here. It’s inevitable. That being said, it doesn’t take much to ask builders to come up with plans that maintain and protect these ecosystems and habitats to the very best of their abilities. Why aren’t these discussions had and more information about these issues sought from the public and wildlife experts? Does the public have to continually come to you after some very poor decisions are made and beg and plead for you to do the right thing? Where’s your conscience? Is there a wildlife committee set up by the city? If not, that’s a HUGE oversight! A committee of knowledgeable wildlife experts from the area needs to be put together immediately to help the city make some better decisions in this area. You can’t fix these horrible mistakes after they’re made. At what point does doing the right thing trump $$$?
Tom Westmoreland
Washes are a complex issue involving wildlife, public safety, and water ways. There are layers of regulations and needs that can sometimes be in conflict. It isn’t about money at all. I understand the concern and we are making advances but it is still a long and costly process to meet state requirements and find a way to accommodate wildlife at the same time.
Dayna Koch
Tom Westmoreland did you have your staff write the application to restructure the wash?
Tom Westmoreland
No
What We Have Found
I did some research to find out who actually applied for the permit to adjust the wash. In the last 25 years (the age of Eagle Mountain) according to records there have been four (4) applications to have Tichville Wash changed, moved, or relocated.
- February 2, 2016 – Application made by Eagle Mountain City (Chris Trusty – Public Works Director)
- April 4, 2017 – Application made by Horrocks Engineers (Robert Price)
- August 24, 2017 – Application made by Eagle Mountain City (Chris Trusty)
- June 23, 2021 – Application made by Eagle Mountain City (Chris Trusty)
The application has a $500.00 fee at time of filing. Did the city, developer, or tax payers pay the fee?
The one in question is the one that was submitted in June 23, 2021, and approved in August of 2021. The area in the graphic below is the area that is in question and is the area that the residents are questioning.
As part of the application process, there is a check section titled, “Threatened and Endangered Species impacts”. In that section there are two questions. “Are there Federally-listed Threatened and/or Endangered Species in the project area?” The application has YES checked. The Second question is “Have surveys for Threatened and/or Endangered Species been conducted on the property where the proposed project is to occur?” The application has the check box NO checked.
This application is 1- Not submitted by the Developer as suggested, and 2- Acknowledges that there are Federally listed species in the area.
Photo – Shon Reed Photo – Shon Reed Photo – Shon Reed Photo – Shon Reed Photo – Shon Reed
Wildlife
I should note that in the findings for the application the state does discuss wildlife and that the changes would not impact them. But lets remember that the department that approved the application is the Department of Natural Resources, but the subdivision of the “Division of Water Rights”. The approval did mention wildlife, but because of the department involved the only consideration was made to “aquatic wildlife”. No consideration was made by the approval for non aquatic wildlife. The Owls that find the sandy cliffs of the wash, and the deer that use it as a migration path were not part of the consideration by the State. “It is the opinion of the State Engineer that the project will not unreasonably or unnecessarily endanger aquatic wildlife.”
Which government entity was responsible for doing the environmental study on the non-aquatic wildlife? Considering this is a dry wash that is only active during heavy rain fall, you would of thought that the non-aquatic wildlife would of been taken into consideration.
It sounds like now is the time that the City needs to take up the cause and create some type of Wildlife or Conservation board, as well listen to the concerns of the Eagle Mountain Wildlife Alliance and the Eagle Mountain Kestrel Project.
Supporting Documents
I am unable to share the Facebook discussion between the mayor and Dayna. The group it is shared in is a private group which makes sharing the actual post impossible.
Here are the applications as well as the approvals for each of the Tickville wash applications in Eagle Mountain
Entities owned by Peter Evans the owner and primary agent for Flagship Homes the developer that is modifying the wash.
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I stated my concerns last spring about this, and thought it was changed to keep the nesting areas in tacked. This area is right in my back yard and it know it was a wildlife corridor from west Mt to utah lake.the maps I saw showed this wash as green space, and the building wasn’t very close to the wash. Now its a concrete dump
My neighbor has a large globe willow where many of the owls have used for safety and to grow up in, before all the earth moving and building. I would have deer literally 10 ft behind my fence, almost every morning. Squirrl, rabbits hawks owls and a bunch of mice for food to them. I wood pick up the pellets and give them to a local school teacher for class activities.
This area has w small creek that runs to the lake when your snow pack is good. Is there a culvert planned or is a small lake in the plans.
Its sad to see the disregard for what mother nature once built.