Owl Habitat Destroyed, Eagle Mountain City Breaks Promise

EAGLE MOUNTAIN – This is a post from Facebook that was made by one of the Wildlife Champions in Eagle Mountain. Shon Reed started and is the main sponsor for the Eagle Mountain Kestrel Project. A project in Eagle Mountain that has placed Kestrel nesting boxes around the city and he has organized residents to monitor the nesting boxes as well as help with wildlife conservation. Eagle Mountain is also a place where rehabilitated birds of prey have been released after rehab for a second chance. You can read these articles for additional background information on the destroyed owl habitat.

• Residents Horrified as Developer Destroys Owl Habitat While City Looks On
• Eagle Mountain City Responds To Owl Habitat Destruction
• Barn Owl Released In Eagle Mountain After Wildlife Rehab

This is the post made by Shon Reed in the Eagle Mountain Citizens Facebook Group, a group of 14K Eagle Mountain and surrounding area residents. (I have permission from Shon to publish it here.)

Hi friends, I am writing this to say I’m sorry, I did the best I could but we have lost the battle to save the owl nest in the Silverlake wash area. I am gutted at the loss and am sorry I could not save the area.

The photo with the green highlights so you can easily find them with their cool camouflage is a pair of gorgeous Barn Owls. They are watching the destruction of their home, stressed and tense in a tree in the area and are searching for a new home tonight.

About a year ago it was evident the developer was moving dirt into the wash destroying the habitat. I contacted a civil engineer on my own and researched the issue of modifying the wash with my intent of stopping the construction long enough to figure out how to save the owl nest. I learned they did not have the proper permits and the City was contacted. Work stopped and I engaged with the developer. I provided advice on owl box designs, installation requirements (skinny poles may sway in the wind allowing eggs to roll and crack so use stout poles and use specifically designed owl boxes). I contacted owl conservationists in several states and as far as Ireland (there are a ton of cool people with fun owl projects, nest cams and such if you are interested). The developer accepted, did their own research and eventually selected boxes on their own and have installed them. Hopefully the owls will find the new boxes and settle in.

In January I met with City staff and the developer and their environmental consultant at the site. We walked the area, I showed them where the owls live, where they hunt, the habitats that are sensitive and areas to protect. There was some agreement to save the owl nests and protect as much as I believed was possible. Today it was heard their environmental consultant and the people doing the construction believed there has not been activity in that area for years. Obviously this is not true. I cannot speak to their motive but due diligence has not yet been shown to protect the birds. I have asked for evidence they looked in the cavities for owl activity and was told a report would be coming – I’m skeptical and the owl photo in the tree seems to contradict their assertion there hasn’t been activity. It’s all a bit of unprovable passion but it’s all I have at the moment.

I’m not a civil engineer (I work in prosthetics and medical devices so not an expert in moving dirt) but it appears to me that the heavy equipment at the top of that cliff face caused a fissure that ultimately resulted in an unsafe situation requiring the nest to be destroyed.We need to do better as a community as stewards of our local ecology.

We push for open spaces, we push for wildlife, we push for the rural feel of the area. This is exactly why I have been pushing for an official wildlife and conservation advisory board. Could this have been prevented if wildlife minded people were involved from the beginning? I do not know but it certainly would have been a productive discussion.

There are far too many “I did this” statements in this post. This needs to be a “We did this” community. We need structure, we need help, we need to band together and work together. There have been many in the community that have engaged. I cannot thank you enough and am so sorry we did not win. Please do not stop, you are the best parts of this city.

We need local leadership that will listen, form the advisory board so we have an official and required voice outside the realm of politics and development, and protect our way of life and what we love.

What does the Master Development Agreement Say?

The Silverlake Master Development agreement was Amended and Restated on January 16th, 2013. The new MDA was approved by Donna Burnham (currently on the City Council), Ryan Ireland, Nathan Oschsenhirt, and Richard Steinkopf. John Painter voted against the new MDA. The official minutes of the City Council work session includes this information on the MDA. “Planning Director Steve Mumford stated that the 2008 Silverlake master development plan and agreement currently govern the development. A new master plan and agreement were approved in 2011, but were never executed. Since then, the project has been purchased by Silver Lake Land, LLC. The developer is proposing no change to the maximum number of dwelling units from the 2011 approved MDP. The proposed changes, in general, include the addition of multi-famly units, some changes to the planed park locations, a new school site, and the addition of potential church site.”

Councilmember Painter talked about the wash. “Mr. Mendenhall said that the natural gooseneck shape doesn’t allow for good water flow. He felt that the wash needs to be worked on, but left as natural as practicable. Specific plans can be agreed to with individual plats.”

During the policy session, Councilmember Painter felt that the amendment “is a worse alternative for the City than the 2008 plan.” The record continues, “Mayor Jackson asked Nate Shipp, the original developer, to help clarify the original planning process for SilverLake. In response to her questions, Mr. Shipp said that the Tickville Wash had always been considered open space, but not improved open space. (The area of the owl habitat is the Tickville Wash.)

The MDA has the following provisions in it for the washes within the development.

Natural Open Space. 18.69 acres of additional unimproved open space shall be deeded to the City. This includes areas such as Tickville Wash and Evans Wash. It is anticipated that the Developer will work with the City to approve plans for modifications to the natural washes, in order to increase build-able acreage and improve the functionality of the washes for storm water conveyance and for recreational purposes, such as natural bike trails.

Silver Lake 2013 Master Development Plan

It should be noted that the the MDA does mention the wash, and it also mentions that it would be modified to increase build-able acreage for the development and deeded to the City.

Who applied for the permits to modify 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)

It has been the City that has requested the application, not the developer three of the four times a request has been made to have the wash changed.

WATCHDOG ALERT

Mayor Westmoreland received an influx of money from developers during the 2021 election cycle. Nate Shipp, the developer of the wash area donated $8,000 to Mayor Westmoreland’s 2021 election campaign.

Supporting Documents