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Tickville Wash – Owl Habitat Destruction Timeline, Photos, and Documentation

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In 2021 it came to the attention of some residents that a dry stream bed in Eagle Mountain called the Tickville wash was being modified by developers. This wash is the nesting location of some of Eagle Mountains’ earliest residents. In the cliffs of the wash, there are several Owl nests. Those nests are now either destroyed, or the city has to remove them because of a crack that has developed along the top of the wash, creating a safety hazard.

There is a lot of misinformation being shared on this subject. To help eliminate some of the confusion I have reconstructed this timeline based on emails to/from residents and the city, as well as Facebook posts and articles that Cedar Valley Sentinel has published on the subject. NOTE: This list in not comprehensive, it only contains the information that I have access to. If you have additional info you would like to add, please send it to mike@cedarvalleysentinel.com.

Photo was taken Nov 23, 2021

Event Timeline

Below is a timeline of events. I have included links for each item to the emails, videos, photos, as well as other supporting documents. Some of the documents are included in this article. I have tried to organize the information in an easy-to-follow order.

Picture of one of the active owl nests. It has been reported that fresh owl pellets were found at the bottom of the wash by this nest almost daily.

Rumor Stop

A Rumor was submitted on Feb 22, 2022, to the Rumor Stop page on the city website. This is the rumor that was given, and the response that the city had.

Rumor: Indeed, after the owl habitat destruction, the rumor appears to be true that you don’t care about wildlife impact – only money matters. 

Fact: A small section of Tickville Wash near a planned residential housing development was approved for reshaping and re-sloping to ensure the integrity of the cliffside and create a safer environment for residents and children who will be recreationally using that area. After being made aware of the potential for protected animal life, Eagle Mountain City stopped construction work on the site. For weeks, Eagle Mountain City staff and elected representatives worked with the developer and representatives from local wildlife advocacy groups to ensure the needs of the wildlife potentially present in the area were heavily considered. Solutions included working with expert consultants and local wildlife advocates to assess the animals potentially located in the wash, the installation of owl boxes, planting trees to accommodate the wildlife in the area, and attempting to save a section of the cliffside where roosting holes appeared to be present. Unfortunately, a fracture in the cliffside that had been present since at least 2021 and was the site of the roosting holes, was unable to be saved and work commenced once again to reshape the slope on that section of the wash. Eagle Mountain City is committed to conserving wildlife and open space in the Cedar Valley and has taken steps such as the creation of a Parks, Trails, and Open Space Master Plan, hiring for a Wildlife Biologist/Environmental Planner to more heavily consider conservation in our planning efforts, and are currently in the process of considering a Wildlife Advisory Panel or Board. Reasonable steps are being taken to consider the needs of conservation in the community.

The photo was taken Nov 23, 2021

GRAMA request

I would also like to point out at this time that I did a GRAMA request to the city for a copy of any Environmental Impact Study that was done. Here is the city’s response from a Deputy Recorder, “That is correct – I checked with Engineering and Community Development and there is not an environmental impact study on the wash. A consultant completed a wildlife biologist monitoring report during the recent construction, but not an impact study.”

Monitoring Report

July 2021 – “SWCA Environmental Consultants (SWCA) was contacted by Flagship Development, Inc. (Flagship) to assist with construction planning and mitigation for the Tickville Wash Stream Alteration Project (project). Flagship requested that SWCA assist with a plan to minimize and avoid impacts to wildlife, primarily raptors, associated with the project. During a raptor nest survey of the project area in July of 2021, an active barn owl (Tyto alba) nest was observed. With construction activities set to commence, precautions were needed to assure the avoidance of potential nesting raptors within the project area.”

February 18, 2022 – Return to the site – “The biologist searched for signs of actively nesting raptors using binoculars and a digital camera. The biologist also monitored for raptors exhibiting alarm behaviors such as distressed calling or flight patterns.”

February 22 – 25, 2022 – Construction Monitoring – “No raptors were observed during the subsequent construction monitoring efforts. No evidence of nesting
raptors including; adults, eggs, or young were observed. Additionally, there were no raptors exhibiting
alarm behaviors while the biologist was present at the construction site.”

Full report is included below.

Tickville Wash Biological Monitoring ReportDownload

Photographic Timeline

Photos from May 13, 2021 Email from Bettina

The following photos were taken Nov 3rd, 2021

This video was taken on Nov 23rd, 2021 at the same time the pictures above were taken.

This crack formed along the top of the wash sometime in late 2021. It is believed that this was created due to recent construction in the area. The exact time this crack appeared has not been identified, but it was not a point of discussion during a tour of the site in December 2021.ds

Crack formed along ridgeline above owl nests.

Residents Emails

From: Bettina Cameron
Sent: Thursday, May 13, 2021 10:48 AM
To: Steve Mumford <SMumford@Emcity.org>; Shon Reed Eagle Mountain Kestrel Project; Chris Trusty <ctrusty@Emcity.org>
Subject: [EXTERNAL]Urgent Tickville Wash
Steve and Chris:
Please make sure Flagship has been notified not to dump anymore fill into the wash.  Not only will they possibly be fined with State and Federal laws relating to diverting the natural path of water, Clean Water Act, they can be in violation of the Migratory Bird Treaty Act.  There are two confirmed owl nests, one ravin, and numerous swallow nests in the immediate area.

I sincerely apologize the letter is taking longer than expected due to compiling the reference material to educate all parties involved.

Thank you,
Bettina

From: Bettina Cameron
Date: Thu, May 13, 2021 at 2:01 PM
Subject: Tickville Wash and Flagship- No Stream Alteration Permit
To: smumford@emcity.org <smumford@emcity.org>, ctrusty@emcity.org <ctrusty@emcity.org>, Melissa Clark <mclark@emcity.org>, Colby Curtis <ccurtis@emcity.org>, <charleswilliamson@utah.gov>, Shon Reed Eagle Mountain Kestrel Project

DATE:  May 13, 2021

TO:  Utah Lake Stream Alteration Specialist Chuck Williamson, Assistant City Administrator Steve Mumford, City Engineer Chris Trusty, City Councilmember Colby Curtis, and City Councilmember Melissa Clark

FROM:  Eagle Mountain Kestrel Project Founder Shon Reed and Eagle Mountain Nature and Wildlife Alliance Co-Founder Bettina Cameron

SUBJECT:  Flagship Development Dumping Fill into the Tickville Wash

On May 12, 2021, Shon Reed checked a nesting box near Silver Creek Way and noticed Flagship Homes has been dumping dirt into the Tickville Wash in two locations. According to the Utah State Stream Alteration Map, they don’t have a permit to alter Tickville Wash in these two areas. We have attached a map and pictures of where the dirt has been dumped. 

City Staff and City Councilmembers, the Utah Lake Stream Alteration Specialist, Chuck Williamson, has been included in this email.  His phone number is 801-538-5404.

As you know, the Tickville Wash has a very delicate ecosystem that needs to remain undisturbed as much as possible to assure continued water flow during heavy rain/snowmelt, protection of wildlife, protection of sensitive habitat, and contamination of our water sources. 

It appears to us; our current city code allows the City of Eagle Mountain to give a developer permission to alter the wash.  Mr. Williamson, since both Tickville and Canyon Wash are Federal and State recognized waterways, can the City of Eagle Mountain give a developer/landowner the okay to alter the wash without your office’s approval?  Tickville Wash is also part of the Cities MS4 storm drain system. 

Flagship is one of Utah Valley’s largest developers and has been in business since the mid-1990s. They should already be aware of all the attached codes and references. 

We aren’t lawyers, but we believe Flagship is violating the following laws, codes, and regulations:

1.     Section 404 of the EPA Clean Water Act

2.     Utah Pollutant Discharge Elimination System (UPDES) Storm Water Permit

3.     Utah State Code 73-3-29, Relocation of Natural Streams- Written Permit Required

4.     Utah Water Quality Act

5.     City Code 17.25.050. G

6.     The Silver Lake Master Development Agreement (They need the Cities approval to modify the Wash.)

7.     If they continue to dump/disturb the Tickville Wash, they will also violate the Migratory Bird Treaty Act. 

There are two active barn owls’ nests, a raven nest, numerous swallow nests, and possibly even a fox den in the “immediate” location of area #2 on the map.  Please make sure the developer is aware of these active nests immediately.  Continuing work in this area while the birds are still nesting will violate the Migratory Bird Treaty Act, resulting in even more fines.  If you require photos for these nesting locations, please contact Shon Reed.  He has already taken pictures of the active nests.  Unfortunately, due to the large amounts of fill and destruction of the Tickville Wash walls and banks in location #1, we can no longer confirm active nests/dens in this area

We hope this information has been helpful, and we sincerely appreciate the partnerships we have established with the City.  We are also very grateful we have City Staff, Elected Officials, and a State who realizes the importance of protecting our wildlife, native habitat, and waterways.  Feel free to reach out to us if you would like our suggestions/ideas on what should be done in these two areas regarding wildlife and native habitat.  Thank you.

Sincerely,

Shon Reed

Bettina Cameron

On Jul 8, 2021, at 6:18 PM, Shon Reed wrote

Hi Tom,

This sounds like there will be further damage to the wash in the area, is that correct? What can we do to prevent this fragile habitat from being destroyed? The walls of the wash in the area are full of cavities the birds use for nesting, once the “modifications” occur the cavities are lost and the area is useless for the owls and swallows.

Thanks,

Shon 

From: Dayna Koch
Sent: Saturday, December 11, 2021 2:35 PM
To: Steve Mumford <SMumford@Emcity.org>
Subject: Owl Survey

Good afternoon Steve. I hope all is well. I spoke with Shon Reed again recently and he had a chance to walk the wash to be sure I wasn’t up in the night when I stated that I did indeed very recently see a barn owl. He sent me pictures and was able to confirm, without doubt, that there is indeed at least one owl currently roosting in the wash. He said he sent photos to prove his recent findings to the city so I’m a hopeful you have already seen them. With this confirmation, I’m wondering if the city and/or developer will now seek to have a professional wildlife survey done to confirm exactly how many owls are living in there and maybe exactly where? This would be really helpful information for the city and developer to ensure they don’t accidentally damage any habit an owl is currently residing in. I just really want to be sure that all is done to make sure these owls that are currently there aren’t accidentally killed and that their current shelter can stay intact. Thanks for communicating well with me about all of this. It’s much appreciated.

City Emails

From: Steve Mumford <SMumford@emcity.org>
Date: Thu, May 13, 2021 at 10:53 AM
Subject: RE: [EXTERNAL]Urgent Tickville Wash
To: Bettina Cameron, Shon Reed Eagle Mountain Kestrel Project, Chris Trusty <ctrusty@emcity.org>

Bettina,

Thank you for letting us know about this. We’ve been notified of this and are already working on it. Is there clear evidence that they are still dumping dirt into the wash, or is the dirt that was dumped there months ago that was already addressed with their excavator?

Also, if you have links to the applicable federal and state laws, we would appreciate those. Thanks.

From: Mayor <Mayor@Emcity.org>
Sent: Thursday, May 20, 2021 9:57 PM
To: Shon Reed
Subject: Tickville wash

Shon,

Thank you for letting us know about the issues in the Tickville Wash in the SilverLake area. We really appreciate it when residents inform us of concerns and issues. There is always so much going on in this rapidly growing city that it is hard, on our own, to keep our eyes on everything. After gaining more information from my staff, I wanted to share what I know about this situation.

A couple of years ago the developer, Flagship Homes, received approval for a preliminary plat, which included nearly all of the land south of the wash (and including the wash). It was named SilverLake South. During that time the City Engineer and the developer’s engineer identified areas of the wash that are unstable or that pose a safety hazard for anyone who would go near these unstable or dangerous cliffs. The developer’s plans have been to modify those banks/cliffs and create safer slopes, similar to the modification that was done near the SilverLake Parkway wash crossing. They also are planning to modify the channel of the wash in some locations, to reduce the risk of the wash banks collapsing over time. They have been discussing, off and on, their plans with the City Engineer. The Engineer is requiring them to obtain a stream alteration permit before any work is completed along the slopes or in the channel of the wash.

We have determined that the developer’s excavator has jumped the gun and has been placing dirt in the wash on the south side (across from Silver Creek Way). They have been told to stop immediately, as they did not receive approval to do so and do not yet have a stream alteration permit for this area. They have agreed to stop placing any dirt into the wash until they receive a stream alteration permit and approval from the City Engineer.

We are also concerned about the impact to the wildlife (birds, foxes, etc.). We will be working to obtain more information concerning the potential impacts before we determine any course of action that might impact them negatively. Again, my goal is to improve the safety of the wash banks (especially for children that might find the area an attractive place to play), improve the functionality of the wash, and keep negative impacts to wildlife at a minimum.

Thank you again for your dedication to wildlife preservation and for keeping us informed of issues like these. We look forward to our continued partnership in making Eagle Mountain a great place for our residents and our wildlife.

Thank you,

Mayor Westmoreland

Eagle Mountain City

From: Mayor <Mayor@Emcity.org>
Sent: Thursday, July 8, 2021 7:03 PM
To: Shon Reed
Subject: Re: Tickville wash   Shon,
Are you referring to what might be labeled as improvements to stabilize the wash? Or is there something else that I am not aware of?
I know you are busy but perhaps we should find a time that you and I could meet with staff because I want to make sure that our people can benefit from your experience. 
Thank you for bringing this to my attention so that we can address it. 

Mayor Westmoreland Eagle Mountain City

From: Bronson
Date: Wed, Sep 22, 2021 at 4:33 PM
Subject: Tickville Wash Check-in
To: Eagle Mountain Kestrel Project
CC: Corey MacMurdo

Hi Shon,

Just wanted to reach out to see if you have noted any activity of the owls in Tickville Wash.  We are nearing the start of our work in the area.  I need to get those kestrel boxes ordered and wondered if your group would be willing to site them and install them.

I’ve done some preliminary research on the boxes and found these options:

(URLS removed)

I’d love your input on these or any other boxes you may have seen.  Do you think we need 2 out there?

If your group is unable to install them, I can coordinate with a few of our contractors to do the work.  Just let me know.

From: Steve Mumford <smumford@emcity.org>
Date: December 13, 2021 at 9:05:57 AM MST
To: Dayna Koch <daynakoch83@gmail.com>
Subject:RE: Owl Survey

Thank you for the message Dayna. I did see Shon’s email and photos. The developer is still stopped while we figure this out. I would like to do exactly what you suggested, and see if we can get a wildlife biologist to come and meet with Shon and the developer and the City onsite and do an updated report. We definitely don’t want any owls to be killed.

Steve
Mumford, AICP
Assistant City Administrator / Community Development Director
SMumford@Emcity.org
801-789-6616
www.eaglemountaincity.com

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