Tacoma property makes way for new townhomes. Did development chase away eagles?
AI-generated summary reviewed by our newsroom.
- Neighbors protested tree clearing at The Preserve over a suspected eagle nest in May.
- Soundbuilt disputed nest claims, saying the helicopter checked for encampments.
- City said no verified active nest was documented and no eagle restrictions applied.
Developing a housing site known as “The Preserve” in Tacoma’s South End has furthered acrimony among some of its neighbors who believe the work isn’t living up to the site’s name.
Things hit a flashpoint in May during tree clearing at the site, after neighbors said they’d called on officials weeks earlier to pause and investigate onsite work because of a possible eagle’s nest. They decried the use of a helicopter for what some neighbors contend was to chase off nesting eagles.
Representatives with the developer LLC, affiliated with Soundbuilt Homes, disputes the neighbors’ claims, and the city contends the site has undergone stringent environmental review.
The South End property, immediately south of Charlotte’s Blueberry Park just off East D Street, calls for 119 townhomes. It comes after previous plans for the original Preserve project from different developers called for more than 70 homes described as “workforce housing,” which did not take off.
A representative for Soundbuilt was notified this spring by a city staffer that people had contacted the city raising concerns about the purported nest, according to an April 14 email logged on Tacoma’s permit portal site.
Kurt Wilson is chief operating officer of Puyallup-based Soundbuilt Homes. He told The News Tribune that claims of an eagle’s nest at the site were “false.”
Wilson told the News Tribune that the logger’s helicopter was to check for homeless encampments and not to chase away any birds.
While eagles are no longer on an endangered species list, their nesting sites remain protected under federal acts including the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Disturbing such a nest without a special permit issued by the U.S. Fish and Wildlife Service is illegal under federal law.
City officials have stated through the process that they’ve not received any “verified information documenting an active nest on or adjacent to the site,” and referred questions to the state Department of Fish and Wildlife and U.S. Fish and Wildlife.
An emailed response to the South End Neighborhood Council from a city representative detailed the level of past review the site had faced, and that the only protected species identified as having potential presence on the site was the Northwestern Pond Turtle, “and the site was evaluated for their presence which was not detected. ...”
As for the eagle sightings, the city told SENCo that staff had reviewed the photos sent in, and while one photo “depicts what appears to be a bald eagle … (t)he presence of a bald eagle somewhere in the broader area — without a confirmed active nest at a verified location relative to the project — does not by itself establish probable significant adverse environmental impacts under the applicable (State Environment Policy Act) standard.”
It soon became clear that without a previously documented and authenticated nest identified, images of birds in the sky and others that appeared to be an eagle were not enough for officials to pause the onsite work.
Special agent Korey McDaniel with U.S. Fish and Wildlife responded May 20 to the South End Neighborhood Council: “Unfortunately, we do not have the ability to impose a stop work order without court authorization,” McDaniel told SENCo via email, which was shared with The News Tribune. “I would be happy to look into this matter further, but I am on the other side of the country and currently unavailable. I will reach out to some of my counterparts to see if there is any assistance they can provide.”
McDaniel added, “In the meantime, photographic evidence, or videos would probably be the best bet,” which neighbors had previously submitted to the city.
The News Tribune asked the federal agency what if any investigation or action had taken place. An unidentified media representative for the federal agency responded that McDaniel was out of the office and “therefore unable to provide a response to your question.”
When asked for more details, the agency responded, “He is on another assignment until mid-July.”
The incident wasn’t the first in confrontations between some of the site’s neighbors and the developers for a project that’s attracted strong opinions at different stages of the process.
‘The invasive species on the site wasn’t limited to plants’
An Oct. 10, 2024 public hearing with the city’s hearing examiner highlighted the tensions between the new developer and some of the neighborhood’s residents.
The News Tribune reported ahead of the hearing that some residents were worried about the extra traffic, loss of trees and housing that might not be as affordable as they’d like to see. Others were hopeful the project would protect the long-troubled forested property from vandalism and/or wildfire.
Previous developer Green Harbor Communities sold the site in May 2022 to an LLC affiliated with Soundbuilt Homes of Puyallup.
The development’s name suggests a back-to-nature vibe the site’s original developers promoted, with a land leasehold program aimed at keeping the housing affordable, development limited and the woodsy landscape mostly intact.
The current project calls for three-story townhomes with ground-floor garages. The floor plans range from approximately 1,700 to 2,100 square feet, proposed to be 3- or 4-bedroom layouts with a variety of floor plans.
Some partially-built structures were left behind when the new developers arrived.
Evan Mann, entitlement manager for Copper Ridge LLC/Soundbuilt Homes, testified at the 2024 hearing that since the structures weren’t technically complete, there were no formal buildings registered at the site.
As Mann testified, “We ran into a problem at the time with the city of getting a demo permit for what didn’t exist.”
“At the same time … the invasive species on the site wasn’t limited to plants,” he continued. “We’ve had significant problems with vagrants and drug use on this property, and those three construction sites were attracting significant attention from that population, so we were having regular calls from fire and from police to go out there. They were going out there to put out fires or to stop shootings, to stop prostitution in these buildings.
“So, in our effort to be responsive to a public risk or problem, we took those buildings down.”
One neighbor testifying at the hearing had a different take.
“I do not have any confidence in this developer to do the mitigation correctly, since they already tore down the two houses that were on The Preserve without getting a permit,” said resident Karla Strivens who lives near the site. “I watched them do it. Insulation was flying everywhere, so they’ve already shown their disrespect for the land and the neighborhood. There’s really no reason for me to believe that they’re suddenly going to respect the land or respect the people who live around it … .”
Another resident identified as “Suzanne” was more blunt. “I don’t think you’re doing anything for this neighborhood. I think you’re just trying to put money in your own pockets, but, you know, that’s what a lot of developers do.”
“I don’t recognize any of the names of the public commenters today,” Mann said at the hearing, “but many of the neighbors, and I have their names, we have a long record with them. Many of the neighbors were regularly in contact with us about this issue, and we’ve been responsive. We’ve been out there to remove homeless camps, we’ve been out there to remove trash, and we’ve been very responsive to those concerns.”
Nest dispute
South End Neighborhood Council chair Andrea Haug first emailed the city April 13 of this year warning of a potential bald eagle nest at the site, with photos.
City officials responded on April 14, advising SENCo to contact the U.S. Fish and Wildlife Service and Washington Department of Fish and Wildlife. Later that day, the city provided an update stating that USFWS reviewed the information and concluded the structure did not appear to be an eagle nest. As a result, the city did not require any work buffers or timing restrictions.
Late that afternoon, planning supervisor Larry Harala wrote Mann of Soundbuilt.
“We wanted to loop you in, we’ve had South End and South Tacoma neighborhood council reach out with correspondence from their members that Bald Eagles have been seen in the area around the Preserve. I am attaching the email chain below.”
Haug told The News Tribune it had been difficult to connect with federal wildlife law enforcement officials, at one point encountering a phone number no longer in service.
The correspondence continued.
On May 8, Haug contacted an official with U.S. Rep. Marilyn Strickland’s office, stating SENCo had been unable to reach federal wildlife law enforcement and reporting that heavy equipment was operating within 50 feet of a red-tailed hawk nest, “and the eagle’s nest is just beyond that.”
Red-tailed hawk nests also are federally protected.
Later that month, witnesses reported a helicopter on site, contending it was there to chase off the birds ahead of tree cutting. An email to city officials shared with The News Tribune sent to the mayor, council representatives and other city officials stated that “A nesting pair of bald eagles with babies/chicks present is being disturbed during tree removal/development activity. A helicopter was brought in to flush the eagles from the nest area and chase/harass them in the air.”
On May 19, city senior council policy analyst Lynda Foster responded:
“The City is aware of concerns that have been raised regarding the possible presence of a bald eagle nest near the project site. At this time, the City has not received verified information documenting an active nest on or adjacent to the site. The project underwent environmental and permit review consistent with applicable City regulations, and no eagle-related conditions or restrictions were identified as part of the approval process.”
The statement continued: “If credible new information is submitted, the City would review that information and coordinate, as appropriate, with the Washington Department of Fish and Wildlife and the U.S. Fish and Wildlife Service, which are the agencies with primary expertise and authority regarding bald eagle protections. At this time, the City is not aware of any agency determination requiring work to stop.”
That statement was the same one city media representative Maria Lee gave to KING-TV of Seattle later that day.
On May 26, SENCo’s Haug emailed USFWS again to report the additional loss of a purported red-tailed hawk nest.
Two days later, Haug wrote Strickland’s office again. “We have lost all of the nests. There has been no recourse.”
Lee told The News Tribune in June there were “no updates” on the issue.
‘Our logger has a helicopter’
Wilson of Soundbuilt Homes responded to questions from The News Tribune about the May incident as well as more details about the site.
“Our logger has a helicopter,” Wilson wrote via email in response to questions. “They flew it one time when bidding the clearing work and another time prior to starting clearing to get a visual on any remaining homeless encampments that might be hidden in the woods.”
Of the encampments, he added, “They are very hard to find in some cases” and the team “did not want anyone getting injured as part of the logging activity.”
“I think you would call a homeless outreach team, not a helicopter,” Haug told The News Tribune in response.
Further complaints were lodged with the city over dust mitigation and lack of traffic control, including during the felling of trees during the May 18 event.
The city, in emails at the time, stated that the code compliance team had issued a verbal warning to the work crews regarding the lack of traffic control.
In a text mid-June, Haug told The News Tribune in response to questions that work had continued at the site amid traffic control and dust mitigation complaints.
When asked about dust mitigation, Wilson told The News Tribune via email that “The contractor has water trucks onsite to use for dust control, which is standard practice.”
Lee told The News Tribune via email that “If a complaint is received, staff will review the specific circumstances and determine whether any enforcement action is warranted based on the facts and applicable regulations. With specific regard to The Preserve project, our field inspectors have been notified of the complaint and will take action to address the issue.”
Haug said traffic control and dust mitigation were implemented onsite only after complaints.
‘You all know what I’m talking about’
At the end of June, Wilson of Soundbuilt told The News Tribune that “Clearing is complete and grading has commenced,” at the development portion of the site, with the expectation of the first townhomes completed “late next year.”
Eagle sightings in the area continue.
“I saw one of our beautiful eagles today flying and hunting over the blueberry park,” reported a resident in a neighborhood Facebook group on May 25.
“There are 2 beautiful eagles flying over blueberry park right now. Making a lot of noise,” reported another on June 28.
Haug said some neighbors remained upset over the May episode. “We have residents still reaching out, like, ‘Where are we with this?’ ”
Haug spoke at a City Council public hearing in June about the city’s Critical Areas Ordinance update. The ordinance is being updated to align with state Growth Management Act requirements and updated scientific guidance for wetlands, streams, and wildlife habitats.
SENCo offered amendments to the ordinance update, including mandatory interagency coordination procedures, clear escalation pathways when state or federal response systems are delayed or inaccessible, and protections for newly identified habitat concerns discovered after permit issuance or SEPA review.
“I’m respectfully asking for all of you to pause everything in this moment, and that is in light of new information, and considering systems that are in place, protections that are there, best science that’s available. If this is a mechanism and a system that doesn’t work, it doesn’t matter. None of this matters,” Haug told the council.
“This is not an anti-development statement, so I want to make that very clear,” she continued. “It’s (that) this should be development in concert with our communities. … I look to the eagle on the flag behind you all, and you all know what I’m talking about.”
