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HomeMy WebLinkAboutLUA-08-004_MiscCITY OF RENTON HELIPAD ZONING CODE AMENDMENT SEPAAPPEAL LUA 08-004, ECF HEARING EXAMINER PUBLIC HEARING MAY 6, 2008 EXHIBIT LIST > m ~ EXHIBIT A ERG REPORT City ot Renton Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: February 4, 2008 Project Name: Helipad Zoning Code Amendment, 2007 Docket Owner: NIA Applicant· City of Renton Contact: NI A File Number: LUAOS-004, ECF Project Manager: Erika Conkling, Senior Planner Project Summary: Amend the zoning code to allow helipads as an accessory use in the R-8 zone with a conditional use permit. Project Location: This is not a site specific proposal, but the regulation would only change for R-8 properties with frontage on Lake Washington. Exist. Bldg. Area SF NIA Proposed New Bldg. Area (footprint): NIA NIA Proposed New Bldg. Area (gross): Site Area: NIA Total Building Area GSF: NIA STAFF RECOMMENDATION: Staff recommends that the Environmental Review Committee issue a Determination of Non-Significance (DNS). I PART ONE: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14-day Appeal Period. B. Mitigation Measures 1. None required for this non-project action. C. Exhibits NIA D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. The City also received comments from the public. Several concerns about potential environmental impacts are addressed. Although RCW 43.21 C. 240 requires non-project environmental review to address only those impacts that arc not adequately addressed under existing development standards and environmental regulations, the following concerns are addressed for clarification. ERC Report 08-004.doc City of Renton P/8/PW Department HELJPAD ZONING CODE AMENL ,NT, 2007 DOCKET Report of February 4, 2008 1. Hazardous Materials Environ '0 1 Review Committee Staff Report LUAOB-004, ECF Page 2 of 4 Impacts: No impacts identified for this non-project legislative action. The proposed change in regulations does not affect the storage of hazardous materials, including aircraft fuels. The change also is unlikely to result in an increased likelihood of applications for the storage of hazardous materials to service aircraft, since RMC 4-3-090L. l .b.i already allows one seaplane per private residence. As a result, each of the properties subject to the proposed change in regulations already allows aircraft which could potentially require pem1its for the storage of hazardous materials. Installation of fuel storage tanks to support helipad operations would be subject to the same regulations and permitting process as the installation of such apparatus for seaplanes. This process involves securing permits from the City of Renton Planning, Building, Public Works Department and the City of Renton Fire Department. Any necessary mitigation measures would be addressed at the time of project-specific application. Likewise, since seaplanes are already permitted in these areas, and the proposed change would only allow one aircraft per residence, there is no change in the potential for accidental spills or leaks of hazardous materials from aircraft. Mitigation Measures: None. If an applicant for a helipad wishes to store hazardous materials related to operation of aircraft, approved building and fire permits will need to be obtained. 2. Public Safety and Emergency Services Impacts: No impacts identified for this non-project legislative action. The proposed regulation limits helipad uses to areas where public safety provisions are already in place. The FAA will only issue approval letters for helipads with a clear approach (not over residential areas), and the proposal limits the use to properties on Lake Washington. As a result any helipads operated as a result of this proposal will approach from Lake Washington and any aviation accident involved with take-off or landing of the aircraft is likely to occur on the operator's property or over the Lake, and not on neighboring properties. Given that the City of Renton operates a municipal airport at the south end of Lake Washington and seaplanes are long-standing allowed aviation uses for properties along Lake Washington, a public safety system is already in place to handle emergencies related to aviation accidents. Mitigation Measures: None. 3. Shoreline Areas Impacts: No impacts identified for this non-project legislative action. The proposal would limit helipad operations to properties along Lake Washington, but does not limit the use to areas outside of Shoreline jurisdiction. However, the change in regulations would not increase the likelihood of aircraft use within Shoreline jurisdiction. Shoreline regulations already allow the use of one seaplane per private residence under RMC 4-3-090L. l .b.i. Additionally, construction of a helipad or operation of a helipad use within a shoreline line or shoreline buffer would require an approved Shoreline variance from the City of Renton Planning, Building, Public Works Department. Impacts and mitigation are better evaluated at the project specific level. It is possible that existing vegetation within Shoreline buffers could be permanently removed in order to meet with FAA approval for clear approach to a helipad site, even if the helipad site itself was located outside of Shoreline jurisdiction. At present time, the City ofRenton's Shoreline regulations do no explicitly prevent alteration of the existing vegetation within the Shoreline buffer. RMC 4-3-090K.6 provides that landscaping should be natural and indigenous, but it is not an imperative requirement. RMC 4-3-090K.2.a does require that any action that may have detrimental effects on the shoreline to be evaluated in the design of the facility. This section allows for project-specific mitigation to be levied through SEPA conditions and/or through conditional use permit approval. Thus, at the present time there is limited regulation ofremoval of vegetation within the Shoreline buffer for any purpose, whether it is for aircraft use or any other use. Renton's Shoreline Master Program is currently being updated, and it is very likely that this current regulatory gap will be closed through this process. At such time in the future that this regulatory gap is addressed; applications for helipad use will be subject to the regulations in place at that time. In the mean time, project-specific review and mitigation is the best opportunity for evaluation of impacts to shorelines due to planned removal of vegetation. ERC Report 08-004.doc City of Renton P!B!PW Departmen, Environ ;,.,f Review Committee Staff Report HELIPAD ZONING CODE AMENL .NT, 2007 DOCKET LUAOB-004, ECF Report ofFebruary 4, 2008 Page 3 of 4 Mitigation Measures: None. Construction or operation of a helipad within Shoreline jurisdiction would require an approved Shoreline variance, which would provide the opportunity to assess site specific impacts. Project level environmental review would provide mitigation for any unanticipated impacts to Shorelines from projects located outside of Shoreline Jurisdiction. The City anticipates closing any loop holes in Shorelines protection regulations with the upcoming Shoreline Master Program update. 4. Wildlife Impacts: No impacts identified for this non-project legislative action. Several species of birds, including Bald Eagles and Great Blue Heron, have been observed on and near Lake Washington and the properties surrounding the Lake. Concerns have been expressed about potential helipad uses disrupting these birds. Aviation uses are well established on and over Lake Washington, with each residence allowed one seaplane in RMC 4-3-090L. I .b.i, and with the operation of aircraft from Renton Municipal Airport and from the Boeing 737 manufacturing facility located at the south end of the Lake. Additionally, the operation of watercraft on the Lake has the opportunity to provide disturbance of wildlife in terms of noise, wave activity, and other physical disturbance; property maintenance activities on residential land (lawn mowers, maintenance of bulkheads, chainsaw operations) may also cause wildlife disturbance. Despite these disruptions, many bird species continue to live and thrive in, near, and on Lake Washington, including Bald Eagles and Great Blue Heron. In order to thrive, such species have adapted to urbanized areas and increased levels of disturbance. The Washington Department of Fish and Wildlife has used helicopters since 1985 to get close to eagle nests to count eggs and perform other studies (Watson, James W. 1993. "Responses of Nesting Bald Eagle to Helicopter Surveys" Wildlife Society Bulletin. 21: 171 -178.). Similarly, studies of eagles and over-flights show that Bald Eagles had no response to the over-flight of helicopters (Noise Pollution Clearinghouse. "Effects of Over-flights on Wildlife" www.nonoise.org/library/npreport/chapter5.htm). As a result, it does not appear that helicopter operations in particular adversely impact Bald Eagles. Since one seaplane is currently allowed per residence, the proposal would not increase the potential of wildlife disturbance from noise; however, because helipad use would not involve taking-off and landing in Lake Washington, there may be slightly less potential for some types of disruption of both birds and fish. Mitigation Measnrcs: None. 5. Noise Impacts: No impacts identified for this non-project legislative action. Concerns about noise have been expressed both for immediate neighbors of any future helipad site and in general for the neighborhood on Kennydale Hill. The general vicinity of the area affected by this proposal is a very noisy location. There are noises from Interstate 405 including traffic and news helicopter over-flights, from recreational noises on Lake Washington such as jet skis and speed boats, from residential related uses like lawnmowers or leaf blowers, and from aviation uses associated with Boeing, Renton Municipal Airport, and the operation of seaplanes. The City of Renton does not regulate any of these noises, and does not have jurisdiction to regulate the flight paths of aircraft. Each residence on the Lake is allowed one seaplane under RMC 4-3-090L.1.b.i and the proposed regulation only allows one aircraft per residence. Furthermore, even without the proposal, the helicopter traffic would be diverted to Renton Municipal Airport, as is the current situation. Aircraft traffic headed for Renton Municipal Airport is just as likely to create noise for the Kennydale Hill neighborhood. Thus, there is no increased potential for impacts for the residents of Kennydale Hill. Noise is more likely to be experienced by the immediate neighbors of future helipad sites. The amount of noise experienced by neighbors depends upon the size of the property containing the helipad, the location of the helipad on the property, and the type of helicopter flown from the site. As each residence is allowed one seaplane, this proposal does not increase the potential for aviation related noise for neighboring property owners. However, the proposal requires that the helipad use be approved by conditional use permit. One of the decision criteria for conditional uses under RMC 4-9-030 is an evaluation of noise. As a result, any noise ERC Report 08-004.doc City of Renton PIBIPW Departmen HELIPAD ZONING CODE AMEJ\/1; NT, 2007 DOCKET Report ofFebruary 4, 2008 Environ ,~1 Review Committee Staff Report LUAOS-004, ECF Page 4 of 4 concerns can be reviewed and mitigated at a project specific level if they are anticipated to be above the anticipated level of neighborhood noise impacts. Mitigation Measnres: None. Project specific environmental review and conditional use permit criteria will be used to assess and mitigate noise concerns that go beyond the currently accepted level of neighborhood noise. E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ./ Copies of all Review Comments are contained in the Official File and may be attached to this report. Environmental Determination Appeal Process Appeals of the environmental determination must be filed in writing on or before 5:00 PM, February 25, 2008. Renton Municipal Code Section 4-8-110.B governs appeals to the Hearing Examiner. Appeals must be filed in writing at the City Clerk's office along with a $75.00 application fee. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, 1055 S. Grady Way, Renton WA 98057. ERC Report 08-004.doc Ill ' EXHIBITB Wildl. Soc. Bull. 21:171-178, 1993 RESPONSES OF NESTING BALD EAGLES TO HELICOPTER SURVEYS JAMES W. WATSON, Washington Department of Wildlife, 600 Capitol Way N., Olympia, WA 98501-1091 Aircraft often are used to assess distribution and productivity of raptors (e.g., Fuller and Mosher 1987). Nesting bald eagles (Haliaeetus leucocephalus) have been surveyed from fixed- wing aircraft (Mathisen 1968, Isaacs et al. 1983, McAllister et al. 1986) with minimal distur- bance (Fraser et al. 1985). Fixed-wing aircraft surveys are limited on the type and accuracy of data collected (Sprunt et al. 1973, White and Sherrod 1973). Helicopters, however, pro- vide a relatively close, stationary platform from which to locate nests and count eggs and young (Carrier and Melquist 1976, Craig and Craig 1984), but they may be more disturbing (Hodges and King 1982). I am unaware of any attempts to quantify helicopter disturbance impacts on bald eagles. Since 1981, the Washington Department of Wildlife has conducted annual bald eagle nest occupancy and productivity surveys in April and June, respectively. Occupancy surveys as- sess the presence and activity of breeding ea- gles, whereas productivity surveys evaluate nesting success. Until 1985, both surveys were conducted from fixed-wing aircraft. Since then, productivity flights have been conducted from helicopters. I summarize the literature report- ing bald eagle responses to overflights of fixed- wing aircraft and helicopters, evaluate effects of helicopter surveys on behavior and mortal- ity of nesting eagles, and make recommen- dations on using helicopters for productivity surveys of bald eagles. STUDY AREA AND METHODS I summarized records from the literature l'eporting bald eagle responses to aircraft overflights. No com- parative statistical analysis was conducted for fixed- wing and helicopter surveys because of the variability in reIX1rted responses (e.g., encounter distances, re- sponse types, and enL"ounter locations). 172 Wild/. Soc. Bull. 21(2) 1993 From 1989-1991, I conducted helicopter surveys at bald eagle territories in a 7-county region of Puget Sound in northwestern Washington. Habitat varied from urban parks around inland lakes to relatively undis- turbed islands with marine shorelines. More than 80% of the nests in the region were in the top third of dominant, old-growth Douglas-firs (Pseudotsuga men- ziesii). Nest trees usually weTc remnant trees associated with young forestland or interspersed among homesites along the shorelines. Regular aircraft activities oc- curred throughout the region; military aircraft and float planes were common even over the more isolated islands. I conducted surveys from a 3-seat Hiller /Salay UH- 12E and a 4-seat Bell 206--Blll At least 1 observer was present to record productivity information. Surveys were flown the first week of June, when young were 5--10 weeks old. Primary objectives were to determine nest success (i.e., presence or absence of young) and the number and approximate age of young, while mini- mizing approach time, maximizing approach distance, and avoiding passes directly over nests. Sometimes this entailed a single moving pass by the nest, but at other times hovering and close approaches were necessary, largely depending on the openness of the tree canopy above the nest. I scanned the area within about 450 m of the nest trees for adult eagles, and plotted their locations and the helicopter flight path on 1:12,000 aerial photos. From plotted locations for each nest visit, I measured the minimum approach distances of the helicopter lo the nest, helicopter to the eagle (encounter distance), and eagle to the nest to the nearest 30 m. J also recorded precipitation (present or absent), wind velocity ( < 16 or :2=. l 6 kph, averaged from readings before and after each survey at the airport), number of young if present, approximate age of young (downy or feathered}, heli- copter activity (move or hover), and the minimum helicopter altitude above the nest or treeline (estimated to the nearest 60 m). For each adult eagle encountered, J categorized and recorded its response behavior as none (e.g., brood, feed young, other) or disturbed (e.g., agitation or flush). Agitation responses were further defined as vocalization, crouch (wings tucked), or Hight- attention (wings flicking, leaning forward). For flush responses, I recorded the eagle behavior after flushing as circle or soar, evade, fly to nest, or attack. In the latter behavior, eagles approached the helicopter with- out veering. For eagles that flushed when helicopters approached at <60 m, J recorded duration of the heli- copter presence before eagles flushed, to the nearest 5 seconds. Duration was not recorded at greater encoun- ter distance,5 because I was unable to determine when eagles first saw the helicopter. In 1991, I randomly selected 26 successful nests and resurveyed them by airplane 1 week after the productivity surveys to assess the accuracy of the initial productivity estimates; adult attendance at the nests also was noted. I used Pearson ·s chi-square statistic to test for inde- pendence of adult presence and nest success, response behavior and encounter distance, and postflush behav- ior aud encounter distance. The sign and magnitude of the standardized residuals were used to determine the nature of significant associations. Disturbance rates were calculated at 3-0 m increments from the helicopter (incremental rate) and for all closer distances from a given increment (cumulative rate). Cumulative rates were the maximum possible disturbance rate based on the assumption that disturbed eagles would have been disturbed at all closer distances. Therefore, incremental and cumulative disturbance rates gave the lower and upper limits of actual responses, respectively (Mc- Garigal et al. 1991). To test for the influence of several factors ou dis- turbance response while controlling for encounter dis- tance, I used the maximum likelihood ratio statistic (G 2 , 3-dimensional model [Fienberg 1982:40]). Factors included helicopter activity, precipitation, age of young, number of young, wind velocity. minimum helicopter altitude above the nest, and the minimum distances from the nest to the eagle, helicopter to the eagle, and helicopter to the nest The effect of the factor on dis- turbance response was the difference between the mod- el with the 3 2-way interactions of distance-response, distance-factor, and response-factor, and the model without the latter interaction (McGarigal el al. 1991: 16). Encounter distance was grouped into 3 categories ( <60, 60-120, and > 120 m) and other factors were categorized as necessary to maintain adequate expect- ed cell frequencies. I conducted a separate analysis of flush response be- cause as an index of disturbance there was less bias in its interpretation at greater ranges of visibility relative to other disturbanee responses (e.g., agitation). To ex- amine the effects of factors (i.e., the same factors tested on disturbance response) on Hush distance (the dislance from the helicopter at which eagles flushed) I used the Mann-Whitney U test and Kruskal-Wallis test for 2- and 3-level factors, respectively (Zar 197 4: I 09-114, 139- 142). Additive effects of factors on flush distance were assessed with multiple regression using step-down pro- cedures. Dummy variables were used for nominal seale values. RESULTS Bald eagles exhibited varied responses to air- craft by encounter distance and aircraft type (Tahle I). Seven to 42% of eagles from different populations responded (i.e., alert and flush be- havior) to fixed-wing overflights at approach distances <3,050 m. Helicopters elicited great- er responses; ;,e40% of eagles responded to heli- copter approaches at distances <3,050 m. In northwestern Washington, adult eagles were absent from nests during 272 of 501 heli- copter surveys (54%); 61% (166) of these nests contained young. At least I adult eagle was EAGLE RESPONSES • Watson 173 Table L Responses of breeding bald eagles to aircraft overflights. ·-= Primary Encounter None Ai.., Flush aircraft distan<:e Encounter Study cype' (ml n • • n • location• Fraser et al. (1985) FW <200 3,ll8 93 2 0 230 7 FA.NS McGarigal et al. (1991) FW <500 26 84 5, 16 FA Dames and Moore (199J)d FW <915 233 59 162 41 2 l NS Bowerman {199I) FW <1,000 19 86 3, 14 NS Grubb and King (1991) FW <2,000 1,541 72 551 26 39 2 NS P.N.E.S. (1986)" This study Dames and Moore ( J 99 l )d Grubb and King (1991) P.N.E.S. (1986)" • FW -fixed-wing, H -helicopter "FA ~ foraging are;i., NS"" nest site ' Flll.m and alert re$ponse; combined FW H H H H <3,050 143 <450 128 <915 0 <2,000 381 <3,050 6 88 20' 12 FA 48 45 16 97 36 NS 0 I JOO NS 53 259 36 79 11 NS 60 4' 40 FA ·' Dame!; .and Moore, Bellingham Int. Airport baJJ eagle behavior study; 15 thrvugh 29 July 1991. Seattle, Wasb. Job 03395-00&-020. 33pp. • Pacific Northwe!;f Environment.al Sernce:s, Effects of jet airerah activity on bald eagles in !he vicinity of Bellingham. Int. Airport. Bellingh.uu. Wash. 12.pp. observed < 450 m from nests during the re- maining 229 surveys; 92% (210) of these nests contained young. Adult eagles were more like- ly to be present when nests contained young than when young were not present (x2 = 62.36, 1 df, P < 0.0001). Adults perched <450 m from nests containing young were on the nest or in the nest tree 74% of the time (n = 156); 4% of these adults were feeding young (n = 6), and 8% were brooding (n = 12). I encountered 270 perched eagles during helicopter visits to nests. Seven eagles were in flight when encountered and were not includ- ed in the analysis. Eagles were disturbed in 53% of the encounters (n = 142). Disturbed eagles either flushed (68%), or were agitated but did not flush (32%). Two brooding eagles were flushed but those feeding young did not react to the presence of the helicopter. Flushed eagles (n = 97) circled and soared (56%), evad- ed the helicopter (21 % ), returned to their nests (12%), or approached the helicopter to attack (11%). Agitated eagles (n = 45) vocalized (57%), crouched (25%), or perched at flight-attention (18%). Agitation response frequencies were conservative estimates because these behaviors were not recorded for eagles that flushed and were more likely to be seen only at relatively close encounter distances. They constituted fewer disturbance responses with increasing encounter distances >90 m (Table 2). Nest- lings rarely displayed behavioral changes on approach of the helicopter; none were flushed, trampled by adults, or known to have been bumped from nests by flushed adults. Disturbance rates varied with encounter dis- tance (x' = 10.52, 4 df, P = 0.033). Eagles were disturbed more often than expected when encountered at distances <60 m and > 120 m (Table 3). Reduced disturbance rates at mid- encounter distances occurred for incremental and cumulative responses (Table 3); however, at distances > 120 m, the latter rate did not increase. Three factors had a significant influ- ence on disturbance response after controlling Table 2. Responses of bald eagles disturbed by survey helicopters in northwestern Washington, 1989-1991. Encounter Agitated only Flwbed distance {m) n • n • <30 3 50 3 50 30-60 19 44 24 56 61-90 17 40 25 60 91-120 4 19 17 81 >120 2 7 28 93 Total 45 32 97 68 I 174 Wild/. Soc. Bull. 21(2) 1993 Table 3. Disturbance rates of adult bald eagles in response to helicopter nest surveys in northwestern Washington, 1989-1991. Encounter Not disturbed distance Disturbed Disturbance rate \%.r (ml S.R.~ " SR Incremental Cumulative <30 0 -1.67 6 +l.56 100 100 30-60 29 -0.87 43 +0.83 60 82 61-90 46 +0.67 42 -0.63 48 67 91-120 30 +l.18 21 -112 41 63 >120 23 -0.42 30 +0.40 57 57 Total 128 142 'Vislurbancc rate = no. dl:sturi-i/no encou11lered • Standardized Truduab-{observed -expected/expected'), + = disturbance rate greater than e~pec-ted, --distw-hance rate less than expected for encounter distance (Table 4). Eagles were disturbed at higher rates when there were no young in the nest, when they were perched <60 m from the nest, or when the helicopter hovered rather than moved toward the nest. There was some evidence that higher wind velocities, precipitation, and presence of young nestlings reduced disturbance response (Table 4), perhaps indicating that eagles with small young were more reluctant to flush in adverse weather. Disturbance responses were indepen- dent of minimum helicopter-nest distance ( G 2 = 1.43, P = 0.489). Flush distance (:f = 102 m, SE = 7.7, n = 97) was influenced hy 6 factors (Table 5). Ea- gles flushed at greater distances from the heli- Table 4. Factors influencing the disturbance response of nesting bald eagles with respect to helicopter encounter distance in northwestern Washington, 1989-1991. Disturbance rate <60' 00-!20 >120 Factor anJ level " "" " • " • C' p, Number young 0 3 67 13 54 9 89 14.28 0.001 1-3 83 65 108 37 43 49 Eagle-nest distance (m) <60 76 63 129 46 22 64 7.55 0.023 ~60 2 0 9 33 30 50 Helicopter activity Hover 30 77 69 51 18 22 6.12 0.047 Move 48 52 69 39 34 74 Wind velocity (kph) <16 37 78 56 55 19 63 5.89 0.053 ~16 41 46 82 38 31 55 Precipitation Yes 18 39 35 20 10 30 5.86 0.053 No 60 68 103 53 42 62 Age Downy 42 55 59 48 22 59 5.78 0.056 Feathered 26 73 60 62 21 38 • En(:()Ulller di5tance (m). ~ Disturbanoe n.te "" no. <listu,bed/no. encountered ' Log-likelihood statistic, S-<limemional model. I Table 5. Factors influencing the distance at which nesting bald eagles flushed from helicopters in north- western Washington, 1989-1991. F~tOT Flui;h dislance {m) KW or MW• and level " ' SE (P) Wind velocity (kph) <16 55 25 2 2.68 (0.004) ~16 40 38 4 Number young 0 15 40 6 1.92 (0.027) 1-3 80 28 2 Eagle-nest distance (m) <30 67 75 6 34.08 (0.0001) 30-60 JO 116 20 >60 18 180 15 Helicopter activity Move 53 3.5 3 2.10 (0.018) Hover 42 24 2 Helicopter-nest distance (m) <60 33 52 6 52.09 (0.0001) 60--120 49 107 8 > 120 13 188 19 Helicopter altitude above nest (m) <30 30 19 2 23.06 (0.0001) 30-60 46 32 3 >60 19 43 5 •KW"" Kru.d:al-Wallis tfflt (OT 3 level nriables, MW= Marm-Whitriey U test for 2-level variables copter during higher wind velocities (2>: 16 kph), when they were without young, and when they perched farther from their nests. This may suggest eagles without young and away from their nests were inclined to flush well before the helicopter approached, particularly in high winds. Eagles also allowed closer approaches before flushing when the helicopter hovered and "'vas closer to the nest in horizontal distance and altitude. When the additive effect of these factors was considered, eagle-nest and heli- EAGLE RESPONSES• Watson 175 copter-nest distances were the greatest influ- ence on flush distance. These 2 factors ex- plained 82% of the variability in flush distance {F = 201.96; 2,92 df; P = 0.000!). This rela- tionship is described as: Y = 18.25 + 0.754Xl + 0.663X2; where Y = flush distance, Xl = helicopter-nest distance, and X2 = eagle-nest distance. Two flushes that were excluded as outliers (standardized residuals > 4 standard deviations from zero [Neter and Wasserman 1974:106]) were of eagles >450 m from nests, and were caused when the helicopter ap- proached from over a ridge al < 30 m and startled them. For eagles that flushed at encounter dis- tances < 60 m, duration of the helicopter pres- ence before flushing ranged from ()..60 seconds (x = 16, SE = 3.3, n = 27). Sixty-three percent of these birds flushed after 10 seconds. Postflush behavior varied with encounter distance (x' = 15.90, 6 df, P = 0.014). At eagle-helicopter distances > 120 m there were fewer than expected evasive flights, and more than expected attacks on the helicopter and flights back to the nest (Table 6). Conversely, at eagle-helicopter distances <60 m there was more circling or soaring and fewer attacks on the helicopter (Table 6). I observed fewer young (41 vs. 43) and reduced adult attendance (35 vs. 92%) at 26 successful nests that were re- surveyed I week after productivity flights. DISCUSSION Bald eagle responses to aircraft were influ- enced by survey techniques and environmen- tal variables (weather and biology). Of the for- Table 6. Postflush behaviors of bald eagles in response to helicopter surveys in northwestern Washington, 1989- 1991. Encounter Circle or sou E~·ade AUaci. To nest distance (m} " S.R• " S.R. " SR. " SR <60 20 + 1.29 4 -0.66 l -1.76 2 -0.71 60--120 20 -0.70 14 +1.80 5 +0.09 3 -0.97 >120 14 -0.41 2 -1.58 5 +0.01 7 +1.87 • Standardized residwols (obseCVOO -e:tpe,::ted/eipcded'), + = bdiaviOT more freql.lellt than expected, --behaviOI" less frequent than e1pc<.1e,d. 176 Wild/. Soc. Bull. 21/2) 1993 mer group, aircraft type and encounter distance were the most important influences on distur- bance response. Fixed-wing aircraft are re- ported to have little effect on eagle response (Sprunt et al. 1973, Fyfe and Olendorff 1976, Fraser et al. 1985, Grubb and King 1991), whereas helicopters have provoked attacks by nesting eagles (Fyfe and Olendorff 1976, White and Nelson 1991). The greater sensitivity of eagles to close helicopter approaches ( <450 m), are evident in my study where 53% of eagles responded to helicopters near the nest tree. Close airplane approaches ( <500 m) re- sulted in only 7% responses near the nest tree (Fraser et al. 1985) and 16% on foraging areas (McGarigal et al. 1991:31). This is consistent with my observations that perched and incu- bating eagles observed from fixed-wing air- craft at close approaches (50-150 m) rarely responded during activity surveys in north- western Washington. Proximity of adult eagles to the nest site was equally or more important than encounter dis- tance in influencing their response to helicop- ters. Increased disturbance rates at encounter distances > 120 m were a consequence of ea- gles flushing, presumably to defend young, in response to helicopters over the nest. Although adult eagles perched close to nests ( <60 m) were more agitated (reflected by higher dis- turbance rates), they tended to remain perched and had reduced flush distances as helicopters approached more closely. Also, eagles perched at the nest were unlikely to respond to heli- copters over a foraging perch several hundred meters away. Tenacity to nest sites may be greater relative to foraging areas or roosts be- cause of the parental need to protect and feed young (Bowerman 1991). Presence of young in the nest increased tenacity; adults were more likely to be present ( <450 m from nest) at successful nests, and adults at unsuccessful nests had higher disturbance rates and flushed at greater distances from helicopters. At relative- ly close encounter distances ( <30 m), eagles probably flushed because of the immediate threat to their survival in spite of their tenacity and proximity to the nest. This is consistent with the findings of Carrier and Melquist (1976) where incubating ospreys (Pandion haliaetus) in Idaho usually flushed within 50 m of heli- copters. Interpretation of disturbance rates and flush distances must take into account perch tenacity and postflush behavior. What seems to be no disturbance and a lack of response to human activities closer to the nest might actually be a form of nest defense. Even though adults may not flush, regular disruption of nesting activities by aircraft or other human activities could result in reduced brooding and feeding of young, which might lead to reduced atten- tiveness and nest failure. Whereas helicopters might agitate eagles or provoke them to flush, the immediate effects of short-term, periodic encounters were apparently inconsequential. I detected no direct evidence of adult or young mortality during the flights, nor did Fraser et al. (1985) during fixed-wing overflights. Young eagles generally remained motionless during productivity flights, as did young ospreys (Car- rier and Melquist 1976). My study did not assess whether there were residual effects that influenced behavior of sur- veyed pairs (e.g., pair bonds, nest reuse) and long-term productivity. It was unclear whether the 2 young absent during resurveys success- fully fledged or were affected by the earlier helicopter surveys. White and Sherrod (1973) reported that productivity of bald eagles on Amchitka Island that were surveyed by heli- copter was similar to that of 3 other eagle pop- ulations in Canada and Alaska, which were not surveyed by helicopter. In the Amchitka pop- ulation, 60% of the territories had young, and 0.85 young fledged/active nest. This is com- parable to my study, where helicopter surveys revealed 65% of the territories were successful, and averaged 1.0 young/occupied territory an- nually. It also was unclear whether reduced adult attendance during resurveys resulted from helicopter disturbances, although in many I instances adult eagles reperched near nests af- ter the helicopter passed, suggesting that eagles did not abandon nests. Reduced fidelity of adults to nests with the passing of the breeding season is consistent with what Bowerman (1991) found in Michigan, where adult eagle atten- dance at nests declined from 1-16% weekly for the 8 weeks before Hedging. Also, use of faster fixed-wing aircraft for resurveys re- duced observer time near the nest and the like- lihood of seeing adults. Adult attendance dur- ing incubalion also was variable in studies by King eta!. (1972), Hodge.set al. (1984), Hodges et al. (1979), and Grier (1969) (e.g., 15, 22, 23, and 98%, respectively), which may have been related to the age of young. MANAGEMENT RECOMMENDATIONS Helicopters have been used effectively for bald eagle productivity surveys in western Washington, even though hourly costs are high relative to fixed-wing aircraft (e.g., $400 vs. $65). Turbine-engine helicopters, used in my study, are quieter than comparable piston- driven helicopters (e.g., 73 vs. 76 decibels at 300 m altitude [Fed. Aviation Agency 1985)), and have been recommended for raptor sur- veys because of reduced noise levels (White and Sherrod 1973, Fyfe and Olendorff 1976). Maneuverability and close pilot communica- tions are probably just as important for mini- mizing disturbance. Helicopter surveys should be conducted with the least impacts on eagles and should maximize observer safety by main- taining flight approach distances of 2'60 m from nests. Flights should be made to a fixed point with the most direct view; hovering rath- er than moving approaches may increase ag- itation responses but adults may allow closer approaches before flushing. Hovering at an el- evation of 2':60 m beside the nest tree will provide an escape route for flushing adults, and an escape path for helicopters if eagles attack. Time at the nest should be kept to < JO sec- onds, and if eagles appear agitated the heli- EAGLE HESPONSES • Watson 177 copter should move away from the nest, and binoculars should be used to complete obser- vations. Flights should be timed as late as pos- sible in the nesting season to reduce the like- lihood of adults being present. Calm dry days are preferred for surveying because of lower disturbance rates, better visibility, and reduced likelihood of young being chilled if adults are flushed. SUMMARY Bald eagles from several populations had lower response rates to fixed-wing aircraft than to survey helicopters at similar distances. In northwestern Washington, bald eagle distur- bance rates and flush distances from survey helicopters were affected by encounter dis- tances and nest tenacity. Eagles with young and those closer to nests allowed closer heli- copter approaches before flushing. At encoun- ter distances > 120 m eagles flushed at higher rates and returned to nests. No direct mortality of young or adults was known to occur during surveys, but 53% of 270 eagles encountered were disturbed; 68% of disturbed eagles were flushed, and 32% were agitated. Helicopter survey protocol that minimizes disturbance, and maximizes cost efficiency, data reliability, and observer safety should include hovering for < l O seconds at 2: 60 m from nests, surveying on calm, dry days, and as late in the season as possible to minimize adult presence. Acknowledgments.-L. Leschner, M. Dav- ison, A. Lettenberger, and L. Young assisted in the surveys. T. Nguyen, B. Chittick, R. Oga- ta, C. Conti, and L. Stickney contributed ex- cellent piloting skills. K. McGarigal provided invaluable statistical advice and comments; R. Anthony, F. Isaacs, J. Pierce, and G. Schirato also reviewed the manuscript. LITERA TUBE CITED BowERMAN, W. W., IV. 1991. Factors influencing breeding success of bald eagles in upper Michigan. M.A. Thesis, Northern Michigan Univ., Mar- quette. l 13pp. I I I 178 Wild/. Soc. Bull. 21(2) 1993 CARRIER, W. D., AND W. E. MELQUIST. 1976. The use of a rotor-winged aircraft in conducting nesting surveys of ospreys in northern Idaho. Raptor Res J0,77-83. CRAIG, T. II., AND E. H. CRAIG. 1984. Results of a helicopter survey of cliff nesting raptors in a deep canyon in southern Idaho. Raptor Res. 18:20-25. FEDERAL AVIATION AGENCY. 1985. Flight operations noise tests of 8 helicopters. Noise Abatement Branch, Nat. Tech. [nf. Serv. FAA-EE-85-7. Washington, D.G, 700pp. FIENBERG, S. E. 1982. The analysis of croos-classiBed categorical data. The MIT Press, Cambridge, Mass. 198pp. FRASER, J. D., L. D. FRENZEL, AND J. E. MATHISEN. 1985. The impact of human activities on breeding bald eagles in north-central Minnesota. J. Wild!. Manage. 49,585-592. FULLER, M. R., AND J. A. MOSHER. 1987. Raptor sur- vey techniques. Pages 3.7-65 in B. A. Giron-Pen- dleton, B. A. Millsap, K. W. Cline, and D. M. Bird, eds. Raptor management techniques manual. Natl. Wildl. Fed., Washington, D.C. FYFE,R. W.,ANoR.R.OLENDORFF. 1976. Minimizing the dangers of nesting studies to raptors and other sensitive species. Can. Wild I. Serv. Occas. Pap. 23, Edmonton, Alta. l 7pp. GRIER, J. W. 1969. Bald eagle behavior and produc- tivity responses to climbing to nests. J. Wildl. Man- age. 33,961-966. GRUBB., T. G., AND R. M. KING. 1991. Assessing human disturbance of breeding bald eagles with classifi- cation tree models. J. Wildl. Manage. 55:500-511. HooGES, J. I., JR., AND J. G. KING. 1982. Bald eagle (Alaska). Pages 50-51 in D. E. Davis, ed. CRC handbook of census methods for terrestrial ver- tebrates. CRC Press, Boca Raton, Fla. ---, ---, AND F. C. ROBARDS. 1979. Resurvev of the bald eagle breeding population in southea;t Alaska. J. Wild!. Manage. 43,219-221. ---, ---, AND R. HAVIES. 1984. Bald eagle breeding population survey of coastal British Co- lumbia. J. Wild!. Manage. 48,993-998. ISAACS, F. R, R. G. ANTHONY, AND R. J. ANDERSON. 1983. Distribution and productivity of nesting bald eagles in Oregon, 1978-82. Murrelet 64:33-38. KING, J. G .. F. C. ROBARDS, AND C. J. LENSINK. 1972. Census of the bald eagle breeding population in southeast Alaska. J. Wildl. Manage. 36' 1,292-1,295. MATHISEN, J. E. 1968. Effects of human disturbance on nesting of bald eagles. J. Wild!. Manage. 32: 1-6. McALLISTER, K. R., T. E. OwENs, L. LESCHNER, AND E. CUMMINGS. 1986. Distribution and productivity of nesting bald eagles in Washington, 1981-1985 Murrelet 67:45-50. McGARIGAL, K., R. G. ANTHONY, AND F. B. lsAAcs. 1991. Interactions of humans and bald eagles on the Columbia River estuary. Wildl. Monogr. 115. 47pp. NETER, J., AND W. WASSERMAN. 1974. Applied linear statistical models. Richard D. Irwin, Inc., Home· wood, Ill. 842pp. SPRUNT, A., IV, W. B. RoeERTSON, JR., A. PosTUPALSKY, R. J. HENSEL, C. E. KNODER, AND F. J. LIGAS. 1973. Comparative productivity of six bald eagle pop- ulations. Trans. North Am. Wildl. and Nat. Resour. Con!. 38,96-106. WHITE, C. M., AND R. W. NELSON. 1991. Hunting range and strategies in a tundra breeding pere- grine and gyrfalcon observed from a helicopter. J. Raptor Re.s. 25,49-62. ---, AND S. K. SHERROD. I 973. Advantages and disadvantages of the use of rotor-winged aircraft in raptor surveys. Raptor Res. 7:97-104. ZAR, J. H. 1974. Biostatistical analysis. Prentice-Hall, Inc., Englewood Cliffs, N.J. 620pp. Received 17 July 1992. Accepted 11 December 1992. Associate Editor: Flather. I • (') ' I EXHIBITC NPC Library: Chapter 5 of Report on Effects of Aircraft Overt1ights on the National Park Pagel of 43 CHAPTER 5 EFFECTS OF OVERFLIGHTS ON WILDLIFE 5.1 Introduction In general, wild animals do respond to low-altitude aircraft overflights. The manner in which they do so depends on life-history characteristics of the species. characteristics of the aircratl and flight activities. and a variety of other factors such as habitat type and previous exposure to aircraft. The potential for overflights to disturb wildlife and the resulting consequences have drawn considerable attention from state and Federal wildlife managers, conservation organizations, and the scientific community. This issue is of special concern to wildlife managers responsible for protecting populations, and to private citizens who feel it is unwise and/or inappropriate to disturb wildlife. Two types of overflight activities have drawn the most attention with regard to their impacts on wildlife: I) low-altitude overflights by military aircraft in the airspace over national and state wildlife refuges and other wild lands, and 2) light, fixed-wing aircraft and helicopter activities related to tourism and resource extrac.:tion in remote areas. The primary concern expressed is that low-level flights over wild animals may cause physiological and/or behavioral responses that reduce the animals' fitness or ability to survive. It is believed that low-altitude overflights can cause excessive arousal and alertness, or stress (see Fletcher 1980, 1990, Manci et al. 1988 for review). If chronic, stress can compromise the general health of animals. Also, the way in which animals behave in response to overflights could interfere with raising young, habitat use, and physiolog1cal energy budgets. Physiological and behavioral responses have been repeatedly documented. that suggest some of these consequences occur. While the behavioral responses by animals to overflights have been well-documented for several species, few studies have addressed the indirect consequences, Such consequences may or may not occur, and may be detectable only through long-term studies. http: I iww w .nonoise. org/ Ii brary /nprepon: chapte:r5. htm Oli25,2008 NPC Library: Chapter 5 of Report on Fffect;; of Aircraft Overflights on the National Park .. Page 2 of 43 The scientific community's current understanding of the effects of aircraft overflights on wildlife are found in the literature. Such studies identify: collision with aircraft(Burger 1985. Dolbeer et al. 1993); flushing of birds from nests or feeding areas (Owens 1977, Kushlan 1979, Burger 1981, Anderson and Rongstad 1989, Belanger and Berad 1989, Cook and Anderson 1990); alteration in movement and activity patterns of mountain sheep (Bleich et al. 1990): decreased foraging efficiency of desert big horn sheep (Stockwell and Bateman 1991 ); panic running by barren ground caribou (Calef et al. 1976); decreased calf survival of woodland caribou (Harrington and Veitch 1992); increased heartrate in elk, antelope, and rocky mountain big horn sheep (Bunch and Workman 1993); and adrenal hypertrophy in feral house mice (Chesser et al. 1975). Over 200 published and unpublished reports can be found on the subject. These reports range in scientific validity from well designed, rigorous studies to professional natural resource manager and pilot reports. Recent concerns have focused on the significance of impac.::ts as they affect wildlife populations. Defining a population as "a group of fish or wildlife in the same taxon below the subspecific level, in common spatial arrangements that interbreed \\1hen mature,"J it is possible to dra\v the conclusion that impacts to wildlife populations are occurring from low level aircraft overflights. This assertion is supported by numerous studies including the following: l. 50 CFR Part 17.3 Prcvi_o\lJ;_(.'haJ;!l~r Jill)_D[CllliJltCJ' )_ Tabl_e of Contents Ret\lfl]___to NPC Lii:lrJlli' Return to NP<.'Hprne Page 5.1 • ( decreased calf survival of woodland caribou (Harrington and Veitch http:,·fwww .nonoise.org/lihrary/npreport.:chapter5.htm 01/25,2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Park . Page J of 43 1992) • disturbance to wintering snow geese documents the effects on staging/wintering subgroup (Belanger and Beard 1989) • impacts on nesting herring gulls documents effects on a subgroup during production periods (Burger 1991) Additional research will be required to fully address the significance of such population impacts. However, waiting for and relying on future research results for current policy decisions is not possible. Therefore, it is necessary to make informed decisions recognizing that all of the consequences of disturbance will not be completely understood. 5.2 Physiological Responses to Aircraft Overflights \Vhen disturbed by overflights, animal responses range from mild ''annoyance," demonstrated by slight changes in body position, to more severe reactions, such as panic and escape behavior. The more severe reactions are more likely to have damaging consequences. Studies of aircraft impacts suggest that whether or not disturbance occurs, and whether or not disrurbance has a harmful effect depends on a variety of characteristics associated with both the animal and with the aircraft. \Vhen the sudden sight and/or sound of aircraft causes alarm, the physiological and behavioral responses of animals are characterized as manifestations of stress. The effects of chronic stress from overflights have not been formally studied, though several national wildlife refuge managers suspect that stress from overflights makes waterfowl more susceptible to disease (Gladwin et al. 1987, US Fish and Wildlife Service 1993). Other types of disturbance-induced -stress have been documented to produce a variety of other problems, such as toxemia in pregnant sheep (Reid and Miles 1962) and abnormal births (Ward 1972, Denneberg and Rosenberg 1967). That exposure to low-altitude aircraft overflights does induce stress in animals has been demonstrated. Heart rate acceleration is an indicator of excitement or stress. in animals, and increased heart rates have been shown to occur in several species http://www.nono ise.orgllibrary/npreport' chapter5 .htm OI/25/2008 NPC Library ('.hapter 5 of Repo1t on Effects of Aircraft Overflights on the '\:at1onal Park .. Page 4 of 43 exposed to low-altirude overflights in a wild-or semi-wild setting. Species that have been tested include pronghorn, elk, and bighorn sheep (MacArthur et al, 1982, Workman et al. 1992a,b,c). Stress responses such as increased heart rates by themselves are an adaptation for encounters with predators and other em·ironmental threats, which presumably must be faced daily. It is not known, therefore, if the addition of stressful events such as overflights actually harm animals. It may be that a few overflights do not cause hann, but that overflights occurring at high frequencies over long periods of time, do. Biologists caution that the consequences of disturbance, while cumulative, are not additive. Effects could be synergistic, especially when coupled with natural catastrophes such as harsh winters or water shortages (Bergerud 1978, Geist 1994 ). Also, the tendency for additional stress to be harmful probably depends on other factors, such as the general health of animals to begin with. Some species are likely to be more susceptible to damage than are others. Research has shown that stress induced by other types of disturbance produces long-term, deleterious effects on the metabolism and hormone balances in wild 5.2 ungulates (hoofed mammals) such as bighorn sheep (Geist 1971, Stemp 1983 ). Many animal biologists maintain that excessive stimulation of the nervous system can amount to chronic stress, and that continuous exposure to aircraft overflights can be harmful for the health, growth and reproductive fitness of animals (see Fletcher I 980, l 990 for review). The auditory systems of some animals may be particularly susceptible to physical damage, and such animals may experience hearing loss from exposure to chronic aircraft sound. Animals living in quiet desert environments have evolved particularly fragile ears and hence appear to be at great risk of sound-induced hearing damage (Bondello and Branstrom 1979, Fletcher 1990). While aircraft noise and its effects on animal hearing have not been tested, other types of sound such as motorcycle noise have been shown to cause hearing loss in desert species, including the desert iguana (Bondello 1976) and the kangaroo rat, an endangered species (Bondello and Brattstrom http://www. nonoise. org/li brary/ nprepo1t1 chapter5 .ht m 0125.'2008 NPC Library: Chapter 5 ofRepon on Effects of Aircraft Ovc1fligbts on the National Park. P<1ge S of 4:1 1979). Hearing loss can occur after as little as an hour of exposure to loud noise, and can be temporary or permanent, depending on the degree of exposure to sound and the susceptibility of the individual animal. Conclusion 5.1 Overflights can indnce physiological responses in animals, such as increased heart rates. but whether or not such responses cause harm is unknown. Effects may be synergistic, as when combined with natural events such as harsh winters or water shortages. 5.3 Behavioral Responses to Aircraft Overflights Behavioral responses of wild animals to overflights nearly always accompany physiological responses. Behavioral responses reflect a variety of states, from indifference to extreme panic. To some extent, responses are species-specific, whereby some species are more likely to respond in a certain manner than an: others. However, even within a species, individual animals vary. Documented variations between individuals may be due to differences in temperament, sex, age, prior experience with aircraft, or other factors. For these reasons. anecdotal information about one animal's response to an overflight is not useful for drawing conclusions for that or any other species. Often, ammals exhibit very subtle and seemingly minor behavioral responses to overflights. Minor responses that are typical of both birds and mammals include head- raising, body-shifting, and turning and orienting towards the aircraft. Animals that are moderately disturbed usually show "nervous'' behaviors such as trotting short distances (mammals), standing up with necks frilly extended and sunning the area, or walking around and flapping wings (birds). \Vhen animals are more severely disturbed, escape is the most common response. Perching or nesting birds may flush (fly up from a perch or nest) and circle the area before landing again. Some birds, particularly waterfowl and seabirds, may leave the area if sufficiently disturbed. There are dozens oi' reports, mostly from national wildlife refuges, of waterbirds flying, diving or swimming away from aircraft (e.g. U.S. Fish and Wildlife Service 1993). This is apparently a widespread and common response. Bird flight responses are usually abrupt, and whole colonies of birds often flush together. Disturbed http:! J www .nono ise. orgi] ibrary in pre port, cha pter5 .hrm OJ/25.'2008 NPC Lihrary: Chapter 5 of Report on Effects of Aircraft Overtlights on the National Park .. Page 6 of 43 mammals will nm away from overflight paths. Table 1 lists behavioral responses to overflights that have been documented during studies and incidental observations. lop of Chapter 5 Tahk of ConJents Retum to NPC Library Rd.um to NPC Home Page 5.3 This table was generated from a review of published literature on the subject. Reports varied widely in how information was gathered. Aircraft altitudes are noted \\'here knov.'n. Some reports are from rigorous studies, others from anecdotal information. In general, more severe responses ( such as panic and escape) were a result of lower-altitude overflights. Responses that were not described in detail are in quotation marks. As Table l illustrates, only a handful of the thousands of animal species in the United States have been studied for their responses to overflights. Also, a disproportionate number of studies have concentrated on ungulates such as caribou and highom sheep. Carnivorous mammals have been virtually ignored, as have marine mammals, small mammals, and bats. Birds are more evenly represented, with studies on waterfowl, shorebirds, marine birds, and raptors, although songbirds and owls are notably absent. Reptiles and amphibians have never been studied for responses to aircraft. This uneven distribution of species representation is likely a result of two factors: 1) researchers acknowledge that some species are more susceptible to hann than are others, and have allocated efforts accordingly; and 2) some animals are easier to study than others. Generally, fish have not been considered at risk from aircraft disturbance. Because most fish and other aquatic organisms live entirely below the surface of the water, they do not experience the same sound levels that terrestrial animals do. Marine mammals (besides dolphins and whales) are an exception because they spend time above water, on shore. Data on behavioral responses of marine mammals to aircraft overflights arc scarce. However, a study at http:· iw,.vv, .nonoi~e.org/!ibrary/npreport/cha pter5 .htm 01/25/2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Park. Page 7 of43 Co pal is National Wildlife Refuge in Washington State ( where the U.S. Navy conducted pilot training from 1944 to 1993) reported responses of harbor seals and northern sea lions to military A-6 jet overflights as ranging from no response to abruptly leaving resting sites on the rock shore and entering the sea (Speich et al. 1987). California gray whales and harbor porpoises, conversely, showed no obvious behavioral responses during this study. Conclusion 5.2 Researchers have documented a range of wildlife behavioral responses to aircraft overflights. Variations in response may be due to differences between individuals, and anecdotal information about one animal's response is not useful for drawing conclusions regarding that or other species. Behavioral responses may be subtle. 5.4 Indirect Effects of Disturbance from Overflights, and Consequences for Animals The behavioral responses to aircraft overflights described above are direct, or immediate, responses. Biologists and others are concerned that indirect effects of these responses may have harmful consequences for animals, especially when overflights (and responses) are frequent. Behavioral reactions have the potential to cause injury, to influence breeding success, energetics and habitat use, and to result in bird strikes. Whether or not such indirect effects occur depends on other factors associated with the natural history of a species. Some animals are more susceptible than others to disturbance, because of unique life history patterns such as colonial breeding, habitat requirements, and restricted distribution. Others may need special protection during certain periods. Indirect effects are difficult to detect. However, some effects, such as habitat avoidance, have been detected ( e.g. McCourt et al. 1974, Schweinsburg 1974b, Krausman et al. 1986). Large-scale consequences such as permanent habitat abandonment or regional or national population declines have not been well documented, though some 5.4 Top ofChHpte:r. 5 http://www. nonoi se. org/library :'npreport1 cha pt er5 .htm OJ/25/2008 NPC Libra1y: Chapter 5 of Report on Effects of Aircraft Ove1ilights on the National Park .. Page 8 of 43 Ta b_l_s,_gf (:ontents Return to N:PC Library Return to NPC Home l'gg_e Table 5.1. General responses by specific animal species to aircraft overflights !Species -!response !Air-Flight !Reference : crafi Ait.J i\Large Mammals rroro;m oro • Accelerated heart rate EJ 501""'"'"" d al 1992a Run short distance 5000 Bolt and run I 100 INo response 1n1 150-400IILuz & Smith i 1976 Stop feeding, tense I !muscles II II II Run l1 11 11Mule Deer I No response IMJ II <300011Lamp 1989 j Minor behavior cl1an~es ! __ _ ilBighom , Accelerated Heart rate EJ J IJ· 000 Workman et al. 1 • 1~~ I 19~b FW 100 Decreased food intake ,while feeding (interruption) 'Take more steps while http :i / www. nonoise. o rgi]ibrary/npreport: c hapter5. h tm H I 100 H --11Stockwell et. al. 1979 01:2512008 NPC Library: Chapter 5 of Rep-0rt on Effects of Aircraft Overflights on the National Park . Page 9 of 43 [feeding II II IL 11 No response tJ' 1640-Mac Arthur et al. 4920 1979 Accelerated heart rate H I 490-660 , , Run I No response ['] [ ,s,0<rm, ,OSS Mmor behav10r changes ' Leave area \Leave area IOI 160-650\~~~~h et al. No response FW I 00-990 Krausman & Hervert 1983 Interrupt normal activities Run< 330 feet , J , Run .62-1.2 miles IL ' ! Run> 1 mile 1.00-Horejsi 1975 . . [Kiger 1970 Desert Mule o movement D[~J-Krausman et al. Deer 1986 Move < . 6 mile to new habitat CJ Accelerated heart rate LJJ 5000 Workman et al. 1992c H 100-500 'a========s Congregate together LJJ o-McCullough 1969 Watch aircraft jRun away IIH II --IIHorejsi, 1975 i Mountain React "adversely" nn-Ballard 1975 Goat http ://www .nonoi s e. org/1 ibra1y /npreport/chapter5 .htm Ol/25,2008 NPC Libra1y: Chapter 5 ofRep011 on Effo;ts of Aircraft Overflights on the National Pa. Page 10 of 43 'JMay abandon areas Jj JI~ II Run away ~ ~IIH II --!(Horejsi 1975 ::::J, Are "terrified" Joo-Chandwick 1973 I IAfay abandon areas ID all Sheep jjNo response ]OW l~-f ichols 1972 l Get "excited'' I I /Do not abandon habitat j · 1· I !Run away lt:Jc=-lp=Fe=ist=et=al=. 1=97=4 1 1 FW --Schwemsburg , 1974a I ,fWlo-jLinderman 1972 / Alarm behav10r Crowd together LJ -- ; (React "severely" l!H [ ·-1~rsen J 971 I EJ Initially fright response, LJW ,o--JBurkholder 19591 , (scatter, run), later Ii ;1 accent I II 1: IGrizzl y Bear --~ ------,; !)Run IIFW 10· --l;~;~ing& Nagy 1 i.Hrde .H -- "Mild" behavior [JI 'J2S;F1R=u=tt=an=l 9=. 7=4===11I response Run away Run in "panic" oo-Pearson 1975 !!Hide (may associate i ,aircraft with capture) _j __j area 1974a Ii FW 200-500 [Interrupt activity, leave EJW > 1000 McCourt et al. 1 Run towards cover \ /Klein 1973 ( [_____ ______J H 200-500 'I hnp ://www.nonolse.org/ libraiy/nprepo1t · c hapterS . htm 0 I .'25/2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa. Page 11 of 43 [Bison Ji!'<o response ~o response jjMJ j --[Frazier 1972 Run l mile ' _ Dw D00-490 rancy 1982 [Run 5 miles I L ~Crowd together, pamc Fl~]Ericson 1972 L___j LJ~ I E1R=u=n=a=w=a=y======JEJW o-Slaney & Co ! Ltd. 1974 ---~ ~ Move short distance fnv"lo-jBergerud 1963 L___JRarelv leave area L J~ !No response IIFW II 200-50011K.lei;;-1973 I Panic,_f1ee H 200-500 Walk, trot, gallop awayl~L800[Gunn et al. 1985 Momentarily stop I feeding Panic, escape lFllsilOl[Calef et al. 1976 n LJ~ Brief startle response Run for 8-27 seconds No effect on daily activity [No effect on distances traveled -------- MJ I H 100-500IIHarrington & Veitch 1973 I 00-500 .. Mothers and calves not uo-Miller & se arated Broughton 1973 [Run away from area llfWID--Valkenburg & L_J Davis 1985 I " " http: ii www.nonoise.org/library; nprepo1tichapter5. htm 01/25/2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Ove1flights on the National Pa. Page 12 of 43 l_l Minor changes in EJ <1300 Miller & Gunn behavior 1979 <1300 Panic and run Coe~ iliol from D Mm,~, trampling during escape Broughton 1974 from either wolves or aircraft [Calves died l~DHarrington & Veitch 1992 Panic and escape b]~ Surrendi & DeBock 1976 FW <790 Small mammals !House Mouse I Enlarged adrenal glands D Chesser et al. I 1975 ! Marine mammals Atlantic Raise head towards H 4270 Salter 1979 Walrus aircraft Shift body position Leave rocks, enter ocean Harbor Seal, Leave rocks, enter ocean r: I:T,,,,h · ., 1987 Northern Sea Lion jRaptors I Bald Eagle* No response H --White & Sherrod 1973 Golden Eagle Panic, frantic escape ' Peregrine No effect on raising Falcon young I http: /lww w nonoise .org/l I bra1y :npreport: d1apter5 .htm 0!.'25/2008 N'PC Libra1y: Chapter 5 of Repott on Effects of Aircraft Overflights on the National Pa Page 1) of 43 Gyrfalcon I !Rough-legged I Hawk Peregrine 'Falcon* "Minimal response 11 [_JJ MI <980!IE11is et al. 199 l Alarm behavior ,Coopers Hawk1 ,, Fly from perch or nest Common Black Hawk Harris' Hawk jzone-tailed Hawk Red-tailed Hawk Golden Eagle Prairie F ale on !No effect on raising young \ Osprey \No effect on raising oo· --Carrier & I-_ young Mel uist l 976 Rarely leave nest ~W c-, Poole 1989 )No effect on raising H -- !young ~--ii==~~~ ll~~~e~rn IFO response IIMJ -,o~~c7k;on et al. Peregrine o response DI <20001 Ritchie 1987 Falcon 11 Severe 11 response i I r,1·~ I Fl, aw,, . . rw I i.::'~r1,., ms Alert behavior 1 , IIPlatt and Tull 500-1977 I; http: //www . nono ise. org/libra1y Ill prepoit/ chapter) . htm 0!:2S 2008 NPC Library· Chapter 5 of Repo11 on Effects of Aircraft Ove1illghts 011 the National Pa.. Page 14 of 43 Prairie Falcon Red tailed Hawk Golden Eagle Ferruginous Hawk Red-tailed Hawk L !Waterbirds IE Emperor Geese Canada Geese Oldsquaw>I<_ Surf Seater Oldsquaw* Surf Seater !No nest abandonment !No effect on daily activity patterns May avoid returning to !breed in following years 10001 rlush from perches · 100 f~~~ & Craig No response:=100-c_raig & Craig 1984 Flush from perches _ Fo response IDD ?~~i & Craig to response JfFWli<!OOIWhite & L___JL__jTuurlow 1985 Flush from nests IOI 100 '5rd-c< ru • 1989 !No effect on raising I , young ttlo response Alert behavior Flight Swim away Dive into water !No response Escape Alert behavior Dive into water ,FW H 0-500\IWard & Stehn I_ 1989 1-500!1 D~ I mo ""I\Ward & Sharp I 1974 : H ,j 1o0-7501IJGollop et al, II I: 1974a http:// ww w . no noise orgihbraryinprepoit, chap ter5. ht m OJ.:25-2008 NPC Library: Chapter 5 of Repo1t on Effects of Aircraft Overflights; on the National Pa.. Page 15 of 43 Change activity budgets (resting, feeding, Migrating ducks• (various !species} Ducks and geese: Flock together IL _ J sle<,pin&___ _ _ , ~o =•boo r I ,,oo,Lamp 1989 i Minor behavior changes !Flush from lakes (various species) Fly away IIFW II --IISchweinsburg Swim away Dive into water Abandon some lakes for 11>4 days 1974a Schweinsburg 1974b C=,m ,,,~ IArom, from~~ r " I ''°""I.Lamp-1989 Alert behavior I . Call I _ L__ Flush from nests H Trupeter SwanllStop activity; head~p LJW [jOO-,Henson & Grant 2000 1991 C I _ __J Seek cover in tall -]rW I '"'·990 ShoruOruk & vegetation McCormick Cygnets crowd together H 500 1989 Snail Kite [No response 1rJo-1~;~ier et al. lw atch atrcraft L_ IL]Panic and escape area LJ~E I II II 11 http:/ lww w . nonoise.org/1 i brary /npreport/ c haptt:r5 . htm O!i25i2008 NPC Library: Chapter 5 of Repo1t on Effects of Aircraft Overflights on the National Pa.. Page 16 of 43 LJ"'''"Y [ t]°'~'"" Widespread "panic" H Lost feeding time B,~,• Floshm, Crom o~• D SO~ Goho, cl ,, 1000 1974b Glaucous Gull Disrupt nestmg behav10r H 500-Arcllc Tern 1000 Common No effect on nesting LJD Gollop et al. Eider behavior 1974b H -- Tufted Puffin* No response MJ >500 Speich et al. Brant Wing-flapping MJ 1987 <500 Double-Flush from perches crested Cormorant Abrupt departure of area Common Murre I Glaucous Gull l'oo,,r= I May disrupt breeding D super-Austin et al. some 1970 May cause hatching failure Crested Tern Scan sky rn Brown 1990 1000 Alert behavior Startle and escape White Pelican Stampede, panic LTI Bunnell et al. 1981 Eggs lost, abandoned, eaten II i hrtp: ii ww w. nonoise.0rgllibrary/ nprepo1t, chapler5. h tm 0 l.15,'2008 NPC Library: Chapter 5 of Report Oil Effects of Aircraft Overl1ights on the National Pa. Pag"" 17 of 43 Herring Gull !No effect on breeding LJLJBurger 1981 ! No response Flush from nests D super- Eggs broken, lost, eaten some / Cattle Egret_* No effect on colony MJ <500 /Black et al. 1984 establishment Double- crested Comorant No effect on colony size Great Blue No effect on nesting behavior Heron No effect on breeding ii Great Egrnt success White ]bis Oldsquaw* Flush up and away from H __ !Christiansen & I lake Yonge 1979 Scaup species j Redhead Canvasback __J Snow Goose Raise head FW --Davis & wisely ! 1974 ' Crowd together, call H ! Stop feed I Fly away (return in 5 min.) iNo response MJ <3000 Lamp 1989 Minor behavior changes Flush, circle over, depart or land again http://www.nonoise.org/ Ii bra1y inpreport/chapter5 . htm OJ '25i200S NPC L1bra1:, .. Chaprer 5 of Report on Effects of Aircraft Ovelilights Oil the National Pa.. Page 18 of 43 I __j[Leave lake area \[FW I\ 98-9800\\Spindler 1983 _ !Flush from lakes ,[Fwl~ Salter & Davis i L_JL_!m~ IKittiwake* I Stay on nest (no n[J· [Dunnett 1977 I response) 11Northern I ,Fulmar Brunnich's IINo response IIH II 0.5-3jjFjeld et al. 1988 Gmllemot_*_ miles Kittiwake Snow Goose* Canada Goose Purple Gallinule ! Northern Pintail !American Coot !Flush from nests i!'Jo egg or chick losses Flush Pacific Eider ljNo response Great Egret* //Flush from nest, retun1 <5 minutes Snowy Egret Louisiana Heron II Songbirds Lapland Longspur !No response [No avoidance of nest sites ,µ-i distant --,iEdwards et al. 1979 I JI ---t~~~son et al. ' -'"====='! FW H !I 395IIKushlan 1979 1972 H .DW LlOIGollop et al. I jNestlings died I http:// ww w .nonoi sc. org..' library!npreport c hapter5 .htm 0 I 2512008 NPC Libra1y Chapter 5 of Report on Effects of Aircraft O\,·ertlights on th..-:\atioiwl Pa Page l 9 of 43 jGame birds I I I IL_ EJ Flush LIi <3000\ILamp 1989 No resuonse 2 FW = small, fixed-wing aircraft, H = helicopters, MJ = military jet aircraft, C = commercial jet aircraft 3 Aircraft flight altitudes in feet, rounded to nearest 10. * Studies of more than one species generally documented all of the listed responses occurring by all of those species Top of.Chapter 5 T~!:>k. ,:,f Co_t_1Jmts Return t_o NPC Library Return to NP_C Home Page 5.5-5.11 experts suspect that they occur. For example, refuge managers at Key West National Wildlife Refuge suspect that the only known colony of magnificent frigatebirds in the United States is declining due to frequent low-altitude overflights by tour planes (Gladwin et al, 1987). 5.4.1 Accidental Injury II Ir A common concern among biologists is that animals will occasionally fall, run into objects, or become trampled when they panic and run from aircraft. For example, at Cabeza Prieta National Wildlife Refuge, it was reported that a low-flying helicopter startled a deer, which ran off of a 26-ft, cliff and broke its leg (USFWS 1993). Young ungulates are especially vulnerable to being trampled. One study of caribou calf mortality documented that three young caribou were trampled during panic and flight from either wolves or aircraft http://www.nonoise.org/1 i brat)' /nprepo11ichaptef5 _ h tm ()],'25:'2008 NP(' Library· Chapter 5 ofRepott on Effects of Aircraft Oveii1ights on the \:ational Pa.. Page 20 of 43 (Miller and Broughton 1974). Startle responses that cause panic and quick movements are most likely to cause injuries to animals in rugged topography (hou]der fields, cliffs, scree slopes), at river crossings, or on icy ridges. especially when animals are grouped closely together (Harrington and Veitch 1991). 5.4.2 Reproductive Losses For many species, it has been argued that disturbance could cause reproductive losses by altering patterns of attendance to young. Disturbed mammals and birds have been noted to run or fly away from the stimulus (i.e. the aircraft), and leave eggs or young exposed. Birds that quickly flush from nests may accidentally break eggs or kick eggs or young from their nests. Mammal adults and young may become separated when they panic and flee. Leaving the young exposed also makes them H1lnerable to predators. Numerous studies have addressed the effects of aircraft overflights on the breeding success of ungulates such as caribou and Dall sheep. Generally, overflights have not been shown to cause adults and young to separate. Yet one study attributed Caribou calf mortalities to frequent low-level military aircraft overflights (Harrington and Veitch 1992). This study compared calf mortality rates in groups that were exposed to overflights with rates in groups that were not exposed. Mortality rates were significantly higher in the exposed group. The researchers hypothesized that milk release was inhibited in caribou mothers that were disturbed by the overflights, and so young became malnourished. As this example suggests, calves might not die directly from overflights, and so mortalities cannot be detected unless studies are designed to compare rates of survival bet\veen calf groups that are and are not exposed to overflights. Numerous studies have reported that overflights do not affect survivorship in young, yet they do not compare survivorship of young that were and were not subjected to overflights. This example demonstrates how complex cause and effect relationships can be between disturbance and effects. It also shows that casual observations of how animals respond to overflights do not necessarily reveal ultimate consequences. Waterfowl and seabirds nesting on national wildlife refuges are commonly exposed to both military and private aircraft overflights. Whether or not http://www. nonoise .org: libraiy/npreporti chapter5 . htm OL25'2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa.. Page 21 of 43 overflights have indirect effects on breeding success depends on the circumstances and types of behavioral responses of the adult birds: whether or not they flush from their nests, whether the exposed nests are vulnerable to predators, proximity of other nests (some birds nesting close together tend to fight after a disturbance, resulting in egg breakage), and physical characteristics of nests and of the adults. Many refuge managers have reported that birds flush from nests ]j)_p_Qf CJll!J)~I 5 fo.ble cifC:<mtents Rctu1:nJQ Nl'._('.J.ibrnry Relµrn to NPC' Ho!lw J:'ag, 5.12 in response to overflights (Gladwin et al. 1987. lJSFWS 1993). This is considered a problem because of the potential for losses of eggs and young. Gulls, cormorants, and murres, for example, kick eggs from nests when they flush during disturbance, and eggs are lost, broken or eaten by predators. These events have been documented to occur on several national wildlife refuges (USFWS 1993 ). Some species, such as tundra swans and pelicans, apparently abandon nests due to chronic distnrbance from overflights (Gladwin et al. 1987. USFWS 1993 ). Leaving eggs exposed to sun or rain also jeopardizes their survival. Several studies have been conducted on nesting birds and their responses to overflights. Both American white pelicans and brown pelicans appear to be particularly susceptible to disturbance. Pelican biologists have discovered that low-flying aircraft can contribute to dramatic reductions in survivorship of young and in overall productivity of a nesting colony (Bunnell et al. 1981, Gladwin et al. 1987). Some species, when subjected to overflights during studies, did not flush from nests and so losses did not occur. Such species include: trumpeter swans (Henson and Grant 199 l ), cattle egrets, double- crested cormorants, great blue herons, great egrets, and white ibises (Black et al, 1984 ). Others did flush from nests but did not tend to kick eggs from them and so no losses occurred. Thet;e species include: great egrets, sno\V)' egrets, and tricolored herons (Kushlan 1979). These species have only been tested for responses to overflights during the studies referenced above. Therefore it is http://www.nonoise.org/library lnpreportichapter5 .htm 01/21/2008 NPC Libraty: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa. Page 22 of 43 not known whether more intense stimuli such as aircraft flying at lower altitudes might cause more panic and subsequent egg or chick losses. Disrupted patterns of parental attendance to eggs or chicks is also a concern. Although this phenomenon has been noted on a local scale, it has not as vet been widely linked to reproductive losses at a regional or national scale. ~One study, however, suggests that supersonic overflights might cause large-scale losses. In 1969 low-altin1de supersonic aircraft overflights of the Dry Tortugas during the nesting season were suspected to cause a massive hatching failure for sooty terns (Austin et al. 1970). This incident is widely cited as one of severe disturbance, though the cause and effect relationship cannot be proven. Studies of some nesting birds that respond to less intense (i.e., subsonic) overflights generally return to the nest to resume incubation after the aircraft has passed. Raptors (birds of prey) have also been monitored for signs of disturbance from overflights during the breeding season. Occasionally, raptors are disturbed by aircraft enough to respond by flushing from their perches or nests. One pair of bald eagles at Cross Creeks National Wildlife Refuge in Georgia reportedly abandoned nesting activities altogether and left the area after repeated overflights by a military helicopter (Gladdys 1983 ). On the other hand. once eggs are laid, raptors may be less inclined to abandon nests. Ellis et al. (1991) reported that nest abandonment and nest failures through predation, exposure of the eggs, or egg losses did not occur during a study of raptor responses to ]ow-flying military jet aircraft. Although conclusions cannot be made from these tv.'o reports alone, the evidence suggests that the seasonal timing of overflights may be an important factor in the outcome of disturbance. Top of Chapter 5 I~.bk of C@tents Return to NPC Library Ret\lni.to NPC.!:!.ome Page 5.4.3 Energy Losses 5.13 Panic reactions and escape responses to overflights can be energetically http: ii www .nonoise. orgl!ibraty /11preport.1chapter5 .htm Ot/25/2008 NPC Library: Chapter 5 ofRepott on Effects of Aircraft Overflights on the National Pa ... Page 23 of 43 11 expensive11 to animals for two reasons. First 1 feeding animals nearlv ahvavs stop ingesting food when disturbed, which means a decrease in ene;gv int:tl<e. Second, disturbed animals usually run or otherwise move away from the aircraft, thus increasing their energy expenditure. Running can increase an ungulate's metabolism twenty-fold over the normal resting rate (Mattfeld 1974). Hence frequent disturbance imposes a burden on the energy and nutrient supply for animals (Geist 1978), which can compromise growth and reproduction. There is a particular concern that birds may suffer from energy losses due to chronic disturbance, especially during periods when increasing and storing energy reserves is critical for survival. During winter, the energetic costs of daily activities, such as keeping warm and feeding, mean that animals can spare little extra energy. During other seasons, such as the staging period or breeding season, large net grins of energy are required for migration and/or raising young. For example, the high energy requirements of ducks and geese during the molting season may not be met if these birds continuously swim. dive, or run from aircraft (Gollop et al. 1974b). Migrating birds such as snow geese may be vulnerable to disrurbance during the staging season, when energy accumulation must be great enough to prepare for the high energetic demands of migration. Salter and Davis (1974) documented snow geese flushing repeatedly in response to overflights during the staging period just prior to their migration. The amount of time available for and the limits to compensatory feeding, or making up for lost time, are unknown. When animals are already feeding for a significant portion of the day, the opportunity for compensatory feeding is probably limited. There have been four notable attempts to examine the effects of aircraft disturbance on bioenergetics of animals. Three were conducted on birds during the staging season; two of these used snow geese as models, (Davis and Wisley 1974, Belanger and Bedard I 989a,b), the other used bran! (Ward and Stehn l 989). All three of these studies found that, in the presence of frequent overflights, birds lost feeding time because they stopped feeding to react to the aircraft. Belanger and Bedard observed snow geese and their responses to human-induced disturbance, including aircraft, on their staging grounds over three years. TI1ey found that snow geese both increased their energy expenditure and decreased energy intake in response to aircraft disturbance. They found that, if disturbance occurred at a rate of 1.46 per hour http://www.nono ise. org!library !nprepvrtl chapter5 .htm 0 J/25/2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa ... Page 24 of 43 (as it did during their study), birds could compensate for energy losses by feeding at night, but if they flushed from disturbance and did not rerum to feeding areas, they would have to feed during 32 percent of the night-a significant time commitment. They also found that birds did not compensate during the day by increasing the rate at which they fed after disturbance. These researchers concluded that man-induced disturbance can have significant energetic consequences for staging snow geese. The amount of food that bighorn sheep ingest while grazing in the presence and absence of tourist helicopters was investigated in Grand Canyon National Park (Stockwell and Bateman 1987). Sheep spent 14-42 percent less time (depending on the season) foraging in the presence of helicopters. In addition, sheep increased the number of walking steps while foraging by 50 percent. This srudy suggests that the increase in energy expended, coupled with a decrease in energy consumed, might contribute to an energy deficit for animals when disturbance is chronic. Disturbance has been documented as influencing pronghorn foraging also (Berger et al. 1983). 5.14 Top of Chapter 5 Iable of Contents Return to NPC Libr<!!JI Return to NPC: Home )'age 5.4.4 Habitat Avoidance and Abandonment Many wildlife biologists are concerned that the disrurbance from overflights could cause sensitive animals to abandon their habitats. This subject has drawn attention because the consequences of habitat abandonment can be serious, particularly for species whose high-quality habitat is already scarce. Observations suggest that some animals do abandon their habitats in response to overflights, and some do not. This difference may be due to differences in the sensitivities of individual animals. On the other hand it may be a factor of different levels of exposure to aircraft during these studies (different flight altitudes, aircraft types, and flight frequencies). Two studies found that caribou did not abandon areas in response to small aircraft overflights (Bergernd 1963, Harrington and Veitch 199 l ), and one found that they did http://www.nonoise.orgil ibrary I npreport: ch aprerS .h tm 01125;2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa... Page 25 of 43 (Gunn et al. 1985). Grizzly bears (McCourt et al. 1974). mountain sheep (Krausman and Hervert 1983, Bleich et al, 1990), and mountain goats (Chadwick 1973, Ballard 1975) all have been noted to abandon areas in response to small aircraft overflights, even when overflights were infrequent. It is not known how many other species avoid areas used by aircrafr. Waterfowl biologists and national wildlife refuge managers have expressed concern about how waterfowl use of open water and emergent wetland habitats is disrupted by aircraft overflights. Overflights have been reported to cause disturbance at dozens of wildlife refuges in 30 states (Gladwin et al. 1987). Most often, waterfowl flush from lakes and fly away, but return once the noise levels in the area return to ambient. On the other hand, several refuges have reported that some waterfowl species have been completely driven off by frequent aircrafr activity. Belanger and Bedard's (1989a,b) study on snow geese energetics and disturbance showed a significant drop --50 percent in the number of geese using feeding grounds on days following aircraft disturbance. Waterfowl using lakes in Canada were displaced for several days when disturbed by light aircraft overflights (Schweinsburg et al. 1974b). Wintering sandhill cranes leave feeding and loafing areas (resting areas) for extended penods when low-altitude overflights take place over Cibola and Imperial Wildlife Refuges (USFWS 1993). Wood storks may also abandon habitat in response to overflights (USFWS 1993). Observations by refuge biologists suggest that the endangered Palila Bird in Hawaii underutilizes a sizable portion of its critical habitat because of low-altitude military aircraft overflights (Gladwin et al. 1987). It is not currently known how the use of ponds, lakes and wetlands in national parks is affected by overflights. Wildlife refuge and national park managers are also concerned because game animals are sometimes chased from parks and refuges into areas where they may be hunted. This has been documented in several refuges and one national park 4 (USFWS 1993). This harassment is suspected to be intentional; hunters are gaining access to animals which are usually protected. Aircraft activities appear to have varying impacts on raptors' use of habitat. In general, raptors are sensitive to the activities of people, although species- specific differences are evident. Raptors have been documented to abandon both wintering and breeding habitats as a result of human disturbance http://www. nono ise. org1Jibraiy/npreport/ chapter5 .htm 01/25/2008 NPC' Libra1y: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa.. Page 26 of 43 (Stalmaster and Newman 1978, White and Thurow 1985). Ellis et al. (1991) found little evidence, however, that raptors abandon habitat in response to aircraft overflights. 4. Memorandum dated March 7, 1994 from Superintendent, Olympic Nat10nal Park, to Acting Associate Director, Operations, National Park Service. Top of Chapter 5 Table of.Cgnt.,n.ts Return to NPC Librarv ReturnJQ._Nl'C Homs: Pgg~ 5.4.5 Potential Bird Strike Hazards 5.15 There is some concern over potential aircraft collisions with airborne birds among national wildlife refuge managers. Collisions are a misfortune for both birds and pilots. Bird strikes have cost the lives of many pilots andior damaged aircraft. Military aircraft are most vulnerable to bird strikes since they fly at low altitudes and high speeds. The US Air Force reports 3,500 bird strikes annually (Spectrum Bird Aircraft Strike Hazard Team 1994). The Air Force continues to develop methodologies for avoiding concentrations of birds, in order to reduce this frequency. The FAA further recognizes that large concentrations of migratory birds are a safety hazard to pilots. Conclusion 5.3 Researchers have documented some indirect effects for some species and individuals, such as eggs kicked from nests when birds flush in response to overflights, loss of feeding due to overflight disturbance. abandonment of habitat in response to overflights. Other studies have found no such effects for some ~pecies and individuals. http: /.iwww. nono ise. orgilibrary /npreport' i.:hapter5 .htm 0 \!15!2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Ove1ilighl~ on the National Pa.. Page 27 of 4J 5.5 Factors that Influence Animal Responses to Aircraft It is clear from numerous studies that differences in animal responses to aircraft do not depend solely upon the species in question. Many other factors contribute to the responses to overflights. some having to do with the animal and its particular environment and some having to do with the aircraft stimulus itself. 5.5.1 How Animals Perceive the Aircraft Stimulus An animal's sensory perception of aircraft activity depends, in part, on the physical features of its environment, as well as on its own physiological attributes. Some habitats enhance stimuli associated with aircraft overflights. For example, high canyon walls have the effect of amplifying and repeating (echoing) aircraft sound, and yet they can also obstruct the aircraft from view. The sound and visual stimuli associated with aircraft have different effects in an open desert than in a forest where trees can obscure the sight and may reduce the sound of aircraft. A further consideration is the animal's sensitivity to different types of stimuli, which depends on physical limitations of the senses. Some animals can clearly see aircraft: when they are barely visible to others, and the range of frequencies of sound that can be detected varies greatly from species to species. One relationship between aircraft and animals is clear: the closer the aircraft, the greater the probability that an animal will respond, and the greater the response. Unfortunately, there is no particular overflight altitude at which all animals are or are not disturbed. Even within a species, no particular altitude can be identified as causing a sudden increase in disturbance, because so many other factors influence disturbance. Notably, some studies have shown that animals react in the same manner regardless of altitude (e.g., Lenarz 1974, McCourt et al, 1974). It is unlikely that one overflight altitude exists that is sufficient for avoiding disturbance to all animals while not necessarily imposing undue restrictions on pilots. For instance, a 5,000 foot minimum altitude may avoid disturbance to all species, but may not http://www.nonoise.org/[ ibra1y /nprepo11/ c hapter5 .htm ()[.'25·200.S NPC Library: Chapter 5 of Repmt on Effects of Aircraft Overflights on the National Pa. Top ofChapter 5 Table of Contents Return tp Nl'C. Library Return to NPC Home Page 5.16 Page 28 of 43 be necessary at all times. Researchers have reported disturbances to walruses by helicopters flying as far away as 4,270 feet (Salter 1979). Grizzly bears run away from aircraft flying at altitudes as high as 3,000 feet. Few other animals have been tested for responses to aircraft at altitudes this great, though many show disturbance from aircraft at lower altitudes. 5.5.2 Aircraft Sound and Animal Hearing It is apparent that animals can be disrurbed by either the sight or sound of aircraft (McCullough 1969. Snyder et al. I 978, Ward and Stehn J 989, Brown 1990). TI1e relative importance of each stimulus is not known, and may depend on the species in question. Both birds and mammals respond to the sound of aircraft before it is visible. yet they also tend to track aircraft visually as they pass overhead (McCullough 1969, Snyder et al. I 978. Brown 1990). Aircraft sound is broadband, containing sound energy over a wide frequency range, rather than a pure tone. There is some evidence that the high-frequency whine of some turbine-powered helicopters is less disturbing to raptors than the low-frequency sound of piston-engine helicopters (White and Sherrod 1973). Other than this, little is known about how the frequencies of aircraft sound influence animal responses. Sound levels at which animals show strong negative responses in the wild generally have not been determined. Helicopters apparently disturb some animals more than other types of aircraft. Comparisons ofhm.v animals respond to helicopters versus other aircraft types have shown that animals respond more strongly to helicopters. For example. callbou ran longer and farther in response to helicopter overflights than they did in response to low-altitude overflights by military jets during a study in the Yukon (Harrington and Veitch 1991). Ward and Stehn (1989) also noted http:/, \.v ww. non01se. o rg/1 ibrary lnprepmt chap! cr'i .hem 0]!25-2008 NPC Library. Chapter 5 of Repo11 on Effects of Aircraft Overflights on the N.n1onal Pa.. Page 29 of 43 that greater percentages of brant responded to helicopters than to fixed-wing aircraft in Alaska. Colonially-breeding marine birds also generally flushed when helicopters flew over them at 1,000 feet above ground level (AGL). while light, fixed-wing aircraft could pass over at 500 feet AGL before generating a similar response (Gollop et al. 1974b). In addition to their engine and "rotor-wash" sound, helicopter flight patterns may contribute to disturbance. Brant (Henry 1980), reindeer (Ericson 1972), caribou (Calef and Lortie 1973, Miller and Gunn 1977), pronghorn, elk, bighorn sheep (Workman et al. 1992a, 1992b, 1992c ), and Dall sheep ( Andersen I 97 J) all have been documented to show a more extreme panic response when helicopters fly slowly or hover over animals. Sudden aircraft approaches -that cause surprise may also influence responses. Raptors 1 for example, panicked and exhibited frantic escape behavior \Vhen helicopters appeared from over the tops of cliffs, but did not do so when helicopters could be seen approaching from a distance (White and Sherrod 1973). Hence topography should be taken into consideration when predicting animal responses to overflights. 5.5.3 Increased Tolerance to Overflights In some cases, animals may develop an increased tolerance to frequent overflights. This has been demonstrated by correlating changes in behavior with sequences of overflights. Other studies have compared reactions of animals having a history of exposure to aircraft with those that \Vere naive. ln Top of Chapter 5 Table of Content.s B,eturnJQ_NPC .L_i.\lrary BeGJl!m.lo NPC.Hmnc Pag~ 5.17 many cases, experienced animals were more tolerant of aircraft, showing less extreme responses than naive animals. http: i/ww w . nonoise. org/l ibrary /nprepo1tl chapter 5 . htrn (J\/25 12008 NPC Libra1y: Chapter 5 of Report on Effects of Aircraft Ove1ihghts on the National Pa Page 30 of 43 For animals to become desensitized to sound, there must be consistent stimuli (Borg 1979); frequent. predictable overflights, such as those at major airports, are more likely to promote tolerance than occasional ones. Several studies suggest that animals might not become tolerant of infrequent aircraft activity. Colonially-breeding wading birds in Florida, for example, never adapted to infrequent low-altitude military flight activities conducted over two breeding seasons (Black et al. I 984). It is not known just how frequently a stimulus must occur in order for an animal to become desensitized to it, though it probably depends upon the species in question, as well as other factors. It is important to note that some studies do not support the idea that animals 1 tolerances of aircraft overflights increase with exposure, even when overflights have been frequent. For example, brant, emperor geese, and Canada geese in Alaska (Ward and Stehn 1989) exhibited alert and flight behavior in response to aircraft activity, despite previous exposure for several seasons. Harding and Nagy ( 1976) noted that grizzly bears also never became tolerant of aircraft, despite very frequent exposure. The degree of disturbance to which animals can habituate is probably limited. Evidence suggests that aircraft activities that cause mild responses may become tolerated more so than those that cause panic. This has been demonstrated in reindeer (Ericson l 972), Dall sheep (Summerfield and !Uein 1974), and herring gulls (Burger I 981 ). Also, while some species have the ability to become tolerant, others may not. For example, whooping cranes appeared to have become tolerant of light aircraft activity on Aransas National Wildlife Refuge in Texas, but sandhill cranes had not (Gladwin et al. l 987). Conclusion 5.4 Factors that can influence animal responses include distance to the aircraft, aircraft type, suddenness of aircraft appearance and frequency of overflights. Closer aircraft generally are more likely to produce a response, though no minimum distance that produces no effect has been found, the responses being species dependent. Some tolerance for overflights has been observed when flights are frequent or regular, but not among all species. http://www. nonois e. org/1 ibraiy/nprepo1t· chapters .htm 0Ji25!2008 NPC Library: Chapter 5 ofRepott on Effecls of Aircraft Ovedlights on the National Pa .. Page 31 of 43 5.6 Biotic Factors that Intlnence Animal Responses to Aircraft While sound levels and aircraft proximity to animals are probably the most important factors affecting the levels and types of responses elicited, an animal's immediate activities are also important. Animals show different levels of response to overflights depending in part on whether they are traveling, feeding, resting, or attending young. Habitat features may also influence the degree to which animals react to overflights. For example. bighorn sheep in the San Andreas National Wildlife Refuge appeared more at ease in response to helicopters when in open terrain where they could escape more easily (Kiger 1970). 5.18 Top of Chapter 5 Ill.b.l<; 0LC011t1ents Return to NPC Libraiy R.e!llmto.Nl'CH01m, l'~ge An animal's seasonal activities such as reproducing or hibernating influence how they respond to overflights as well. Consequently, during some seasons, animals may be more reactive than during other seasons. Slight seasonal differences in responses to overflights have been noted in reindeer (Slaney and Co. 1974), bighorn sheep (Stockwell and Bateman 1987), and caribou (Klein 1973, McCourt and Horstman 1974, Jakimchuk et al, 1974, Calef et al. 1976). Generalizations cannot be made across species correlating specific seasons with greater reactions. At present, general relationships between external factors and animal responses are unclear because other variables have not been held constant during studies. In other words, to determine how habitat type (for exainple) influences responses, all other factors such as group size, season, etc., must be held constant so that habitat differences alone can be compared. Stronger patterns should emerge once more controlled studies are conducted. The existence of many variable factors may explain inconsistencies between reports of species-specific responses to overflights. Clearly, whether an animal (or group of animals) responds to aircraft overflights depends on many http·// www . non01se. org/library 1nprepo11.1 cha pter5. htm QJ/25-2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overilights on the National Pa.. Page 32 of 43 factors, and those mentioned here constitute only a partial list. Therefore, when attempting to assess the possible impacts of proposed or existing low- altitude aircraft operations on wildlife, it is essential to keep in mind that each situation is unique and must be evaluated accordingly. Figures 5.1 and 5.2 summarize some of the influential factors associated with aircraft overflights and animals that have been addressed. Conclusion 5.5 The type of animal activity affects response to overflights. Whether an animal is feeding! resting, caring for young, etc., can affect how it responds to an overnight. 5.7 Problems with Detecting Long-Term Effects of Aircraft Distnrbancc Vv'hile short-term responses are easily documented, long-term responses are more difficult to verify. This is due both to the limitations of ecological research and to the nature of long-term responses. Long-term responses that might occur include permanent changes in habitat use, increased mortality of birds during migration ( due to lower weight gains during staging, as described previously), or population effects due to reduced reproductive success ( due to egg losses, for example). Assigning a cause and effect relationship between overflight disturbance and these types of phenomena is difficult because there are so many other variables that also cause them. It is very difficult to quantify small decreases in the survivorship of young that are directly attributable to overflights, because predators, weather, food availability, and adult skills all affect survivorship as well. For example, several studies have examined overall survivorship of young across a season by comparing young subjected to overflights with control animals and have concluded that overflights have little effect. However, closer examination has revealed that mortality rates increased during the specific periods of overflights, though these increases were not detectable by the end of the season (e.g., Harrington and Veitch 1992). Other long-term effects are difficult to correlate with overflights because they occur during a time or in a place not immediately associated with the overflights, such as migrating birds that die enroute to their destination after energy losses at feeding grounds. http:/ 'www nonoise.orgil i bra1y 1npreporu chapter5 . htm 01/15/2008 NPC Libra1y: Chapter 5 of Rep011 on Effects of Alr<.:raN Overflights on the National Pa. Page 33 of 43 Top of.Chapter 5 Table of Cont®!;; Relllrn to NP.C Librnry Return to NPC: Home P<!~ 5.19 Figure 5.1 Animal Responses to Low-Altitude Aircraft Overflights 5.20 Top of Chapter 5 Table of.Contell\s RetumJo NPC Libr<lry R et um to NPC)lom e P ag~ ~"""'"""""o<'i digti1¥1~ n~tPQ!Tefri """"· l ~ --~ vt.J<llOOO ~ horb:Omol. dtUaiel!I ~ http://www.nonoise.org/1 ibrary /npreport,' c hapter5 . htm fooa!n typ,i:, """°" habltCJI feature1 0 I :25:2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the Narional Pa.. Prtge 34 of 43 Figure 5.2 External Factors that Influence Animal Responses to Overflights 5.21 Top of Chapter .5 Table ofContents Rs,turn toNPC. Librarv Return tQ NPC Home Pa~ Long-term effects are difficult to detect also because they may occur infrequently. This is due, in part, to the fact that most studies are short-term, making documentation of infrequent events unlikely. With the exception of an eight-year study of white pelicans (Bunnell et al. 1981 ). too little time has been spent assessing long~term effects. Many biologists have published reports on the effects of the use of aircraft to survey animals. In most cases, overflights do no harm (Carrier and Melquist 1976, Kushlan 1979) because normal behavior is interrupted only briefly. In addition, the surveys are conducted only once or twice per season, and generally they are avoided during poor weather, when stressing an animal could result in harm, and during parts of the breeding season, when the consequences of disturbance might be compounded (White and Sherrod 1973, Poole 1989). Hence the argument that biologists themselves make overflights of animals should not be used to suggest that overflights do not cause disturbance. Conclusion 5.6 The long-term effects of overflights on wildlife have not been determined, and are unlikely to be investigated because of the magnitude of the effort required. Occasional use of aircraft to survey animals is unlikely to cause harm. 5.8 Overflight Impacts on Endangered Species There are 98 species on national park lands that have been identified as http::.: ww ,.,, .. nuno ise. orgi library lnpreport/ chapter5 .h tm Dl/25.'2008 NPC Library: Chapter 5 of Report on Effects of Aircraft Oveiilight.<; on the National Pa.. Page 35 of 43 threatened or endangered. Of these, 36 are bird and 29 are mammal species. The impacts on threatened or endangered species from overflights is largely unknown. Of all threatened or endangered species Federally listed in the United States, there is information regarding responses to overflights only for the grizzly bear, sonoran pronghorn, peregrine falcon, bald eagle, and everglades kite. None of these species have been studied enough to differentiate between aircraft activities that do and do not cause hann. HO\vever 1 observations do indicate that some species are susceptible to disturbance and subsequent harn1. The grizzly bear, for example, has been noted to panic and flee areas from overflights in nearly all cases where they have been observed (see Table I). Biologists recognize that impacts may occur. Wildlife refuge managers have cited concern for many threatened or endangered species regarding impacts from overflights, including wood storks, Hawaiian geese, marbled murrelcts, bald eagles, peregrine falcons. masked bobwhite quails, Stellar sea lions and least terns (USFWS 1993). In Washington State, USFWS is developing recovery plans for both the marbled murrelet and northern spotted owl which include 2,000-foot minimum flight s restrictions over feeding grounds and nesting sites for these birds:- Many threatened or endangered species have achieved their special starus due to habitat loss from development and general human encroachment. They are species for which habitat is limited; their natural histories prevent them from using any but specific habitat types. For this reason, it is important that overflights not cause further habitat loss to these species, since they cannot simply !!relocate". 5. Memorandum dated March 7, 1994 from Superintendent, Olympic National Park, to Acting Associate Director, Operations, National Park Service. 5.22 Top o[Chapter 5 Table of Contents Rct1m1\Q_tlP.C_Libnuy Return to_NPC Home Pagr http: iiwww.nonoise.org/lihrary /nprep01t1 chapcer5 .htm 01/25/2008 :,,.,'p(" l.ihrary Chapter 5 of Repo1t on Effects of Aircraft Overflight;; on the National Pa. Page 36 of 43 Whether or not a taking of a threatened or endangered species from Federal action occurs from overflights may be an area for additional research. It would be prudent for Federal agencies to take an active approach to evaluating this. rather than letting the decision lie with the courts. Studying threatened and endangered species and their responses to overflights is within the purview of the law so long as research enhances the survival of the species. However, some have expressed concern for the idea of subjecting animals to overflights and monitoring their respcnses if indeed those responses suggest that damage 1s occumng. Conclusion 5. 7 Ninety-eight threatened or endangered species inhabit units of the National Park System. Their responses to overflights are largely undocumented, but Federal agencies may nevertheless be held responsible for impacts related to overflights. 5.9 Overflight Impacts on National Park Animals Disturbance levels and consequent impacts to animals living on national park lands have been anecdotally reported but not quantified. Several NPS superintendents have prepared reports on the subject which can be used as indicators of the types of problems some parks are having. Yet the degree to which these problems are occurring in other parks cannot be measured without a comprehensive survey. Reports of park disturbance to animals from overflights exemplify the general points described earlier: 1) Animals have been noted to modify their behavior in response to overflights in parks, and 2) the consequences of this disturbance can only be inferred in the absence of long-term srudies. At Hawaii Volcanoes National Park, the endangered Hawaiian (Nene) goose has been seen flushing from feeding and socializing areas after tour helicopters passed overhead. 6 Aircraft also alter normal feeding and socializing habits in response to frequent overflights. The consequences of altering social behaviors and time http: 1 I ww w .nonoise. o rgilihrary 1nprepo1ti c hapter5 .htm 0!!25:'2008 NPC Library: Chapter 5 of Repo1t on Effects of Aircraft Oveiilights Orl the National Pa. Page 37 of 43 and energy budgets of animals have not been identified. Forest birds at this park also stop calling or flee from local habitat, as noted by biologists monitoring songbird behavior. Biologists speculate that hird behavior is modified because their calls are interrupted, hence territories cannot be properly delineated. Feeding is also interrupted, and other critical activities cannot be consummated when birds are disturbed by overflights. At Congaree Swamp National Monument, bald eagles and osprey are believed to avoid habitats they would othe:ru'ise use because of overflights by military 7 jets and helicopters.· Similar impacts to raptors have been reported from Glacier National Park. There, overflights are suspected of disrupting nesting and foraging activities of bald eagles, golden eagles and falcons. Biologists are concerned about possible 6. Memorandum dated March 7, 1994 from Superintendent, Hawaii Volcanoes National Park, to Acting Associate Director, ~ational Park Service. 7. Pers. comm., Robert McDaniel, Superintendent, Congaree Swamp National Monument, to D. Gladwin, Stema Fuscata Inc. 1994. 5.23 IQP of Chapter 5 Iable9f C:.9.!lt~nts Return to NPC Libta.ry Re.tmn_t9_]'Jl'C_!:lornel'age impacts to raptors that use corridors through the park for migration. 8 Colonial seabirds have been seen flushing in response to overflights in Olympic National Park as wel!.9 Other birds that may suffer hann from overflights in this park include the bald eagle, peregrine falcon, northern spotted owl, and marbled murrelet. These are all Federally-listed species. Mammals are also disturbed by overflights in parks. Over 80 percent of http ://www . nono ise. org/library/nprepo1tl chapter 5 .hem 01/25/2008 NPl Library: Chapter 5 ofRepo11 on Effects of Aircraft Overflights on the National Pa ... Page 38 of43 grizzly bears observed in remote areas of Glacier National Park showed a "strong" reaction to helicopters, according to studies in the park from 1982- 1986. Aircraft disturbing park animals include both military and civilian fixed-wing aircraft and helicopters. Helicopter tours for the public are most often cited as causing problems for wildlife. Most problems occur when aircraft fly at lov,, altitudes such as 500 feet AGL. Helicopter tour operations are frequent in some parks; Glacier National Park reports 10 per day, and Hawaii Volcanoes National Park reports 60-80 per day. Hence cumulative effects of disturbance are likely, as animals are chronically interrupted from important life- maintenance activities. Several efforts to solve disturbance problems have been initiated by park perso1U1el in recent years. Monitoring low-level overflights and maintaining statistics at Congaree Swamp National Park have helped to quantify the frequency of problems. At Olympic National Park, the staff are cooperating with the USFWS refuge staff and the endangered species field office in documenting and reporting aircraft harassment of seabird colonies. At Glacier National Park, employees are trained to identify aircraft and estimate altitude. A strict plan is in place there for the use of the park's own aircraft. Parks have also discussed problems with aviation proponents. Meetings with tour operators, FAA, and military personnel have been somewhat successful, though problems do not always cease. For example, Congaree Swamp national park managers note that, although military personnel are receptive to cooperation in avoiding disturbance, no efforts have been made by the military to address problems themselves or to offer mitigation strategies. At Hawaii Volcanoes National Park, staff have been negotiating a voluntary agreement with the helicopter operators association 1 wiLh assistance from the FAA. Park superintendents have an interest in addressing cumulative effects of aircraft disturbance on wildlife. They also support continued efforts to work with the military and civilian aircraft operatorS to develop mutually agreeable solutions. Preparing educational material on the sensitivity of wildlife and natural areas has been suggested as a means ofreducing disturbance. http: 1 i ww w nono ise. org/l i brary inprepmti chapter5 .htm 0 I /25/2008 , NPC Libraty: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa... Page 39 of 43 8. Memorandum dated March 7, 1994 from Superintendent, Glacier National Park, to Acting Associate Director, Operations, National Park Service. 9. Memorandum dated March 7. 1994 from Superintendent, Olympic National Park, to Acting Associate Director, Operations, National Park Service. Top ofCh:i.nter -~ Table of Con tern~ .R<;:1llm mNPC: Library Return to NYCl:lqme P,,ge Conclusion 5.8 5.24 In general, reports from national park about the effects of overflights on wildlife tend to mirror the points made earlier in this chapter: animals have been observed to modify the,r behavior in response to overflights, but without long term study, the consequences of such modifications can only be inferred. 5.10 Development of Impact Criteria Studies to-date have verified that physiological and behavioral responses by wildlife to low-flying aircraft do occur. The nature of these responses suggests that at least some animals suffer other consequences. The studies by Stockwell et al. (1991) and Belanger and Bedard (l 989a,b) provide compelling evidence that energy losses and habitat avoidance are occurring in response to overflights. Unfortunately, these studies cannot be used to infer damages in other species or from other overflight regimes. Only a handful of the many species that inhabit national parks have been studied for responses to overflights. It is very likely that there are park species that are susceptible to disturbance that have never been studied. There is also little infonnation suggesting how flight patterns, frequencies and altitudes affect any species, http:// www.nonoise.org/library/npreport' chap( er5 .htm O 1/25/2008 NPC Libraiy: Chapter 5 of Rep01t on Effects of Aircraft Overilights on the National Pa. . Page 40 of 43 other than the broad generalizations described earlier. Data to support the occurrence of damage in a variety of situations would require many years of extensive and costly research. It is also not possible to evaluate the after-effects of overflights because in most cases. animal responses fall across a spectrum so that the question of whether or not a disturbance occurs cannot be answered with a yes or no. For example, an overflight generally causes some animals to panic, some to be mildly disturbed, and some animals to ignore the aircraft. At a lower altitude, the overflight causes more to panic and fewer to be mildly disturbed? At what degree of disturbance in what percentage of animals should overflights be considered detrimental or otherwise unacceptable'' At present, these questions have only largely subjective answers. Defining impacts according to some specific, measurable criteria is a useful first step towards developing a policy. There is no consensus in public or scientific communities regarding impact definition. The following, categories of impacts are adapted in part from a matrix of definitions developed by Oak Ridge National Laboratory staff members Roger Kroodsma and Warren Webb in cooperation with the U.S. Air Force (Braid 1992). They are meant to help agencies in determining the severity of impacts. In these definitions, 11 species of concern" include Federally-or state-listed threatened. endangered, and candidate species, species of local economic importance, or species of particular concern to conservation or other interest groups. This definition can be expanded to include any species that is known to be susceptible to disturbance. "Habitat" is used to refer to the physical landscape and its ecosystem components that arc subjected to overflights. Neglzgible impacts • No species of concern are present and no or minor impacts on any species are expected. • Minor impacts that do occur have no secondary (long-terrn or population) effects. fop of Chapter 5 Tabk,_pf Contents 5.25 http ://wwv,, . nonoise. org/ !ibrary/npr·eportl chapters. htm Ol/25!2008 - NPC Library: Chapter 5 of Report on Effects of Aircraft Oveiihghts on the National Pa Page 41 of 43 R;,tum toNPC Library Retum to NPC Home Pa~ Low impacts • Non-breeding animals of concern are present in low numbers. • Habitat is not critical for survival and not limited to the area targeted for overflight use; other habitat meeting the requirements of animals of concern is found nearby and is already used by those species. • Occasional flight responses are expected, but without interference with feeding, reproduction, or other activities necessary for survival. • No serious concerns are expressed by state or federal fish and wildlife officials. Moderate impacts • Breeding animals of concern are present, and/or animals are present during particularly vulnerable life-stages such as migratwn or winter (depends upon the species in question). • Mortality or interference with activities necessary to survival are expected on an occasional basis. • Mortality and interference are not expected to threaten the continued existence of the species in the area. State and federal officials express some concern. High impacts • Breeding individuals are present in relatively high numbers, and/or animals are present during particularly vulnerable life-stages. • Habitat targeted for overflights has a history of use by the species during critical periods. and this habitat is somewhat limited to the area targeted for overflight use; animals cannot go elsewhere to avoid impacts (animals can rarely 11 relocate" except temporarily). • Mortality or other effects (injury, physiological stress, effects on reproduction and young-raising) are expected on a regular basis. These effects could threaten the continued survival of the species. • State and federal wildlife officials express serious concern. This evaluation process relies on the opinions of wildlife managers and researchers. In general, members of the scientific community agree that http://www.nonoise, org/li brary/nprepot1/chapt er5. htm 01/25/2008 N'PC Library: Chapter 5 of Report on Effects of Aircraft Overllights on the National Pa ... Page 42 of 43 damage to animals should not need to be proven before impacts are considered likely. In the conclusion of the majority of smdies, researchers caution that, though they cannot prove that impacts occur, overflights that cause disturbances should be avoided. In defining what level of dismrbance to park animals by overflights is unacceptable, the NPS must rely on less than complete infonnation. It is clear that disturbances can result as direct and indirect effects, and that consequences may affect survivorship. Until more information is available, it is recommended that the NPS use the levels of impact listed to "trigger" actions to eliminate or reduce such impacts. In general, the NPS would regard situations consistent with "low impacts 11 to warrant monitoring, while situations that represent ''moderate impacts" or ''high impacts11 would require pursuit of solutions. 5.11 Summary A wide range of impacts (dismrbances) to wildlife due to aircraft overflights have been reported in the literamre. There are many reports of behavioral responses in animals, these responses are highly variable depending on the type of study, the species under consideration, spatial and temporal parameters1 and other broad ecosystem characteristics. Top of Chap,\er 5 Table of Contents Return to .. NPC Library Retunun NPCHome f'~_ge 5.26 Indirect effects on wildlife such as accidental injury, energy losses and impacts to offspring survival have been documented. Current literamre supports the argument that aircrati overflights negatively impact wildlife populations. However, the significance of such impacts is not clear. Additional studies are still needed to better assist land managers in ~ubstant-iating the effects on population subgroups. http: ii wv. w. nonoise. org; I ibrary /npreportJ c hapter5. htm 01/2512008 -- NPC Library: Chapter 5 of Report on Effects of Aircraft Overflights on the National Pa Page 43 of 41 It is certain that some impacts do occur under certain circumstances and that it is a NPS priority to protect wildlife, especially threatened and endangered species, whenever a probable impact exists or is expected. Hence, a series of conditions, applicable system-wide, have been listed that can be used to dd'ine general levels of impacts. Working with these guidelines at specific parks will lead to setting of priorities, both for possible alteration of overflight times, locations and numbers, and for identification of further research needs. 5.27 Next Chapkt Top qfChaptcr 5 Table of Contents http://www.nonoise.org/1 ibrary /npreportichapter5 .htm 0 J/25/2008 " ~ C ' I EXHIBITD ,l [ ~ "' ~ 0) ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS CD I CO I CORI UC-N1 I UC-N2 Vehicle fueling_ stations Vehicle fueling stations,_existing legal Vehicle seivice and repair, large Vehicle seivice and regair, small Wrecking yard, auto Air Transportation Oses Airplane manufacturing_ Airplane manufacturing, accessory functions Airplane _sales__and ree.air Airport, municipal Airport-related uses Aviation-related uses Helipads, acc~ssory to primary use Helie.ads, commercial Hazardous material storage, on-site or off-site, i_r,cludi_n_g_ treatment Indoor storaoe Outdoor stora_g_e e Industrial, General Assembly and/or packaging ogerations Commercial laundries, existing_ Commercial laundries, new PB p P I P P I I P p P38 P I P P IAD110I P p P38 AD I P p P I P P IAD2[AD2 p H59 H AC59 AC p p AC AC H H38 I H38 H20 H H H H24 I H24 I H24 P I P I P I AC11 I AC11 I AC11 I AC11 I AC11 I AC11 P57 I P57 I P57 I I I P64 P58 [ P59 p H26 H26 AD38 p p p p p p P38 I P38 I P38 P4 P38 I P38 I P38 Blank=Not Allowed P#=Permltted AD=Administrative Conditional Use AC:Accessory Use P=Permltted Use provided condition can be met H=Hearing Examiner Conditional Use #=Conditlon(s) P86 Uses may be further restricted by; RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations p AC H97 H97 P104 ... I\: 6 0: C r E -City Council Minotes EXHIBITE CERTIFICATE I, the undersigned City Clerk oft~e City of Renton, Washington, certify that this is a true and correct cop~ of 3/2.4/00 Minutes . Subscnbed and sealed this 18 d2Jf April, 20.W.. &rn;ti~ c{~rk~Walton RENTON CITY COUNCIL Regular rvleeting ~······, r -··, ) ····March 24, 200s ~ rvr~~y, 7 p.m. ·~ .. . ..... CAJ:L TO ORDER • ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE SPECIAL PRESENTATIONS Public Works: Employee Recognition Community Services; Sister City Visit to Nishiwaki, Japan PUBLIC HEARING Planning: Development Regulations {Title IV) Docket MINUTES Council Chambers Renton City Hall Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance lo the flag. MARCIE PALMER, Council President; GREG TAYLOR; RICH ZWICKER; TERRI BRIERE; KING PARKER; DON PERSSON. MOVED BY PALMER, SECONDED BY PARKER. COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY COR,\1AN. CARRIED. DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; ALEX PIETSCH, Community and Economic DeYelopment Administrator; ERIKA CONKLING. Senior Planner; ANGELA MATHIAS, Assistant Planner; TERRY HIGASHIY AMA, Community Services Administrator; SONJA MEJLAENDER, Community Relations and Event Coordinator; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; DEPUTY CHIEF ROBERT VAN HORNE and DEPUTY CHIEF MARK PETERSON, Fire Department; COMMANDER DAVID LEIBMAN, Police Department. Public Works Administrator Gregg Zimmem1an recognized the - Planning/Building/Public \Vorks employees nominated and chosen by their peers to receive 2007 Good Work awards-, as follows; Principal Financial and Administrative Analyst Nenita Ching, Engineering Specialist Jun Aesquivd, and Comtruction Inspector Pat Miller. Vehicle and Equipment Mechanic Tom Guesman· was selected as the 2007 Planning/Building/Public Works Employee of the Year. Mr. Zimmerman then announced that the follO\ving employees who contributed to the Springbrook Creek Wetland and Habitat Mitigation Bank project were awarded the 2007 Good Teamwork Award: Parks Director Le8lie Bctlach, Senior Planner Jill Ding (former employee); Utility Engineering Supervisor Dave Christensen, Mapping Coordinator Bob Mac Onie, Civil Engineer Allen Quynn, and Utility Engineering Supervisor Ron Straka. Community Relations and Event Coordinator Mejlaender introduced Roger Richert, Renton-Nishiwaki Sister City Corrnnittee Chairman, who reviewed the history and evolution of the Renton and Nishiwaki relationship, which began in 1969. Pointing out that the Renton-Nishiwaki Sister City Committee became an official committee of the City in 1994, Mr. Richert detailed the striking similarities between the two cities. Ms. Mejlaender named the 16 delegates who will visit Nishiwaki from April 5 to 12, and she reviewed the itinerary for the trip. In conclusion, Ms. Mejlaender and Assistant CAO Wine displayed the gift that will be presented to the Mayor ofNishiwaki during the trip, a glass blown square shaped platter from Uptown Glassworks to add to 1he collection of previous art given by the City of Renton. This being the date set and proper notices having been posted and published in accordance with local and State law8, Mayor Law· opened the public hearing to consider revisions to the following City Code Title IV (Development March 24, 2008 Renton City Council Minutes Page 93 Regulations) docket items: Commercial/Office/Residential (COR) Zone, Assisted Living, Helipads, and Utilities Height. Reporting on the docket item concerning the COR zone, Assistant Planner Mathias explained that each of the current three COR zone designations were generally assigned to single, large properties with unique attributes. The proposed revisions will consolidate the COR zone into one designation, place the COR zone in Urban Design District C, and place the COR zone with the parking standards for other mixed use/multi-family zoning designations. Turning to the docket item concerning assisted living, Ms. Mathias stated that Renton currently does not have a definition for assisted living, and the proposal includes implementing a new definition for assisted living and for multi-family assisted living; revising the definition for convalescent centers; striking the retirement residences definition; applying density to assisted living facilities; allowing assisted living facilities in the R-14 zone; limiting assisted living facilities to 18 units in the R-l and R-10 zones; and establishing parking standards of one space per unit, plus dedicated parking for facility fleet vehicles. Continuing, Ms. Mathias reviewed the proposed revisions to the height requirements for utilities, which include: allowing additional height for aboveground and elevated water reservoirs and public utility facilities, treating public utility facilities exceeding 50 feet in height with public art, and adding language to allow administrative modification of setbacks and lot coverage to trigger site plan review. Senior Planner Conkling reported on the docket item concerning helipads. She indicated that helipads are currently allowed with a Hearing Examiner conditional use pennit in commercial, industrial, and urban center zones. Ms. Conkling noted that the Federal Aviation Administration (FAA) regulates helipad construction, siting, and all airspace issues, including the approach for take-offs and landings. Ms. Conkling explained that the proposed revision will allow helipads in the R- 8 zone, if accessory to a residential use, with a Hearing Examiner conditional use permit. The helipad use is limited to properties fronting Lake Washington, where one seaplane per residence is already allowed. Additionally, compliance with FAA regulations is required, and properties will be limited to one aircraft. In conclusion, Ms. Conkling reported that the Planning and Development Committee will review this group of docket items and then present a report to the full Council. She noted that the Environmental Review Committee's determination regarding the helipads has been appealed to the Hearing Examiner; therefore, the Committee will not review that docket item until the appeal issue has been settled. In response to Council inquiries, Ms. Mathias stated that the funding for graphic treatments on water tanks is usually part of a new construction budget or a maintenance upgrade, and the cost averages out to be approximately one percent of the budget. Ms. Conkling estimated that seven or eight of the lakefront properties may be eligible to have a helipad. She indicated that when approving private helipads, the FAA prohibits the allowance of an approach over a residential area; however, helicopters are not prohibited from flying over Kennydale Hill. Ms. Conkling explained that a helicopter would land on the ground unless it has pontoons. A seaplane lands on the water, is usually placed on a surface, and is pulled onto the lake and taxis off from there. Public comment was invited. March 24, 2008 Renton City Council !vlinutcs Page 94 The following speakers spoke in support of the hclipad proposal: Steve Maxwell (Renton); Robert Watson (Seattle); Marlene Winter (Renton); Dr. Paul Joos (Renton); Dorothy Simpson (Mercer Island); Gary Pipkin (Renton); Charlie Conner (Renton), who also submitted 46 support signatures and a support letter from Monica Fix (Renton); Gene Hcuschel (Renton); Sharon Smith (Renton); Kim Bowden (Renton); Buzz Dana (Renton); Jerr-y Brennan (Renton); Brian Fife (Renton); Joe Boehme (Renton); Tom Dahlby (Renton); Don Jacobson (Renton); Marc Pritchard (Renton); Don Savoy (Renton); John Hempelmann (Seattle); Kelly Grace (Renton); Steve Porter (Renton); Mike Holmes (Renton); Steve Miller (Renton); Jim Hess (Renton); Bob Goetz (Renton); Carr-ie Krape (Renton); Pat Dana (Renton); Kevin Iden (Renton); and Bill Stoneman (Renton). Support comments indicated that the Jakefront community will be a more interesting place to Jive due to all of the activity; the noise is minimal; the neighborhood will be improved; the lake is enjoyed in many ways, which includes the use of aircraft; space requirements to land helicopters are very restrictive; safe environment in which to operate helicopters; zoning revision will result in only a few helipads; Renton is a progressive city; property values will be enhanced; helicopters will add to the character of the City; increased quality of life; reflection of Renton's aviation history; requirement for conditional use permit will shepherd the use of helicopters in this area; the majority of the City of Issaquah's helicopter rules are FAA requirements; and helicopters are under the control of the Renton Airport unlike at other cities. Other comments included: important to maintain affected properties' seaplane sites and that potential use for any future owners; helipads should be considered in the same manner as seaplane sites; helicopter approaches are not allowed over Kennydale Hill; air traffic issues are regulated by the FAA; potential usefulness of helicopters during public disaster situations; property rights maintained; lack of notice for public hearing; preference for City to use the administrative conditional use permit process; and helicopters are not operated when the weather is marginal. The following speakers spoke in opposition of the proposal: Joanie Rosling (Renton), John DuBois (Renton), Pegi Galster (Renton), Victoria Kapetan (Renton), Kim Loulias (Renton), Bill Johnson (Renton), John Middlebrooks (Renton), Brian Shine (Renton), Trudy Neumann (Renton), and Mark Hancock (Seattle). Objections included increased noise; helipads will only benefit a few people to the detriment of the entire Kennydale neighborhood; helicopters require considerable skill and continued practice to fly; the lack of a noise study; decreased property values; public safety concerns; reduced quality of life; large amount of noise already endured in the neighborhood; lack of tangible benefits for the entire City; and the efforts of the Renton Airport Advisory Committee are countered. Other comments indicated that the Renton Airport is nearby, therefore private helipads are not needed; the City oflssaquah has numerous rules regarding the operation of helicopters; the environmental issues have been overlooked; the allowance of helicopters with floats reduces safety hazard; helicopters do not belong in residential neighborhoods or on the water front; large birds may present safety hazard to the helicopter; water-based helipad should be required; legal issue concerns if an accident occurs; helicopters fly over Kennydale Hill and cause disruptions; even distribution of the costs and benefits of the March 24, 2008 RECESS APPEAL Planning & Development Committee Appeal: Monopole Conditional Use Permit, T-Mobile, CU-07- 065 AUDIENCE COMMENT Citizen Comment: Galster - Title IV Docket Review, He Ii pads CONSENT AGENDA Council Meeting Minutes of 3/17/2008 Board/Commission: Planning Commission Membership Expansion Planning: Development Regulations (Title IV) Docket Review Human Services: Regional Affordable Housing Program Fund Usage, King County Utility: White Fence Ranch Sewer Extension Geotechnical Services, Kleinfelder Renton City Council Minutes Page 95 disruptions to people's lives is needed; helicopters are dangerous and noisy; the conditional use permit process creates and continues confusion; preference for a third party to test the helicopter noise; and a better ordinance is needed. Correspondence in support of the helipad proposal was acknowledged from Thomas R. Dahlby and Kathleen I. Dahlby (Renton). Correspondence in opposition to the proposal was acknowledged from the following: Sandy Reisman ( city of residence unknown); Thomas and Judith Skillman (Renton); Kim Loulias (Renton); Paul and Tami Skelton (Renton); Jodi Watson (Renton); Linda Fry (city of residence unknown); Robert L. Undsderfer (Renton); Belly Childers and Steve Denison (Renton); John Middlebrooks (Renton); Mary Lowry and Mike Lowry (Renton); and Joanie Rosling (Renton). Correspondence regarding the proposal was also acknowledged from Steve F. ( city of residence unknown) and Marleen Mandt ( city of residence unknown). There being no further public comment, it was MOVED BY PERSSON, SECONDED BY PARKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9: 12 p.m. The meeting was reconvened at 9: 17 p.m.; roll was called; all Councilmembers present except Corman, previously excused. Planning and Development Committee Chair Parker announced that the hearing regarding the T-Mobile monopole conditional use pem1it appeal was continued to April 4 at I :30 p.m. Pegi Galster (Renton) requested that before making a decision on the matter of the proposed zoning revision that would allow helipads in certain R-8-zoned properties, the City hire a consultant to conduct a noise study. She also urged Council to read the documentation she submitted regarding noise. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of3/l 7/2008. Council concur. Community and Economic Development Department recommended approval to expand the Planning Commission from seven to nine members. Council concur. (See page 97 for ordinance.) Community and Economic Development Department recommended approval of Title IV docket item 08-01: text amendment for Monopole I in residential zones and housekeeping amendments to wireless regulations in all zones. Refer to Planning and Development Committee. Human Services Division requested approval of an agreement with King County regarding the use of SHB (Substitute House Bill) 2060 local low income housing funds for the Regional Affordable Housing Program. Refer to Community Services Committee. Utility Systems Division recommended approval of an agreement in the amount of $35,752 with Kleinfelder for the White Fence Ranch Sewer Extension Project geotechnical services. Council concur. March 24, 2008 UNFINISHED BUSINESS Finance Committee Finance: Vouchers Finance: Utility Tax Non- Payment, Penalty and Interest Collection Finance: Capital Funding Financial Policy Human Resources: Reclassifications (7 Positions), Application Support Manager Hire Transportation (Aviation) Committee Streets: Renaming, SE Petrovitsky Rd & SE Carr Rd Renton City Council Minutes Page 96 MOVED BY PALMER, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 270147 -270645 and two wire transfers totaling $4,204,144.65; and approval of 183 Payroll Vouchers, one wire transfer, and 702 direct deposits totaling $2,543,348.68. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Chair Persson presented a report recommending concurrence with the staff recommendation that the City Code be amended to provide for interest and penalties for late payment of utility taxes due lo the City. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 97 for ordinance.) Finance Committee Chair Persson presented a report regarding capital funding Financial Management Policies revisions. As a result of the review of Fund Balance Reserves and the annual Capital Improvement Plan, the Committee recommended that the Financial Management Policies be revised as follows: L Add the Farmers Market Fund previously approved by Ordinance 5360. 2. Add a new internal service fund for City facilities enabling the tracking and planning for expenses related to providing facilities for use by City staff. 3. Revise the capital project budget process to provide for project length budgeting of capital projects. This will eliminate the need to break a long- term capital project into annual budget increments and improve reporting. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to reclassify positions and create pay ranges for City departments effective II 1/2008. Funds to implement this recommendation are provided in the 2008 Budget. The positions are as follows: Civil Engineer I (vacant), grade al 9 to a2 l, no budget change. Recreation Supervisor to Recreation Manager (vacant), grade m25 to m28, no budget change. Lead Building Inspector (new position), a24, no budget change. Lead Code Compliance Inspector (new position), a22, no budget change. Planning Director (new position), m38, no budget change. Water Utility Instrumentation/SCADA Technician, a19, no budget change. Risk Manager (new position), m30, no budget change. Additionally, the Committee concurred with the staff recommendation to permit the filling of the Application Support Manager position on 3/17/2008 in anticipation of the retirement of a long-term City employee on 5/1/2008, in order to facilitate a smooth transaction. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Vice Chair Persson presented a report regarding SE Petrovitsky Rd. and SE Carr Rd. street names. The Committee met to discuss a request to review the street naming for the SE Petrovitsky Rd., SE Carr Rd., and S. 176th St. arterial route through the Benson Hill March 24, 2008 RESOLUTIONS AND ORDINANCES Added Resolution #3937 Transportation: I-405 Corridor Program Support Board/Commission: Planning Commission Membership Expansion Finance: Utility Tax Non- Payment, Penalty and Interest Collection Ordinance #5364 EDNSP: Dry Docks Removal Waiver of Permit Fees, Budget Amend Renton City Council Minutes Communities Annexation area. The newly annexed area had these three different names for the same arterial route. Page 97 The street names in the City of Renton arc designated by City Code, Chapter 11, Street Grid System. For most of the Benson Hill Communities Annexation area, the street names remained unchanged following annexation. City Code Section 9-11-6.A.3 does require that the segments of SE Carr Rd., SE 176th St, and SE Petrovitsky Rd. be renamed SE Carr Rd., west of I 08th Ave. SE, and SE Petrovitsky Rd., east of I 08th Ave. SE. These changes have been made by City staff, which affects 27 property owners in the annexation area. These street names correspond to the existing street names on the route east and west of the annexation area. The Committee recommended that no further action be taken at this time on street name changes for this arterial route. MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL BRING FORWARD THE ADDED RESOLUTION REGARDING SUPPORT FOR THE l-405 CORRIDOR PROGRAM. CARRIED. A resolution was read reaffirming Ren ton's support of the 1-405 Corridor Program record of decision finalized in October 2002, particularly full implementation of the bus rapid transit concept. MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Councilmember Persson indicated that this matter has been discussed several times in Conunittee of the Whole. The following ordinances were presented for first reading and referred to the Council meeting of 4/7/2008 for second and final reading: An ordinance was read amending Chapter IO, Planning Commission, of Title II (Commissions and Boards) of City Code by increasing the membership of the Planning Commission from seven to nine. MOVED BY BRIERE, SECONDED BY ZWICKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/7/2008. CARRIED. An ordinance was read amending Section 2, Utility Tax; When Due, of Chapter 11, Utility Tax, of Title V (Finance and Business Regulations) of City Code by adding two new subsections, "A," Penalties For Nonpayment, and "B," Interest. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/7/2008. CARRIED. The following ordinances were presented for second and final reading and adoption: An ordinance was read amending the 2008 Budget, allocating $200,000 from the unallocated reserve fund balance from 2007 for derelict vessel removal projects. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. March 24, 2008 Ordinance #5365 Board/Commission: Municipal Arts Commission Revisions AUDIENCE COMMENT Citizen Comment: Gitchel - Monopole Conditional Use Permit Appeal, T-Mobile, CU- 07-041 ADJOURNMENT Recorder: Michele Neumann March 24, 2008 Renton City Council Minutes Page 98 An ordinance was read amending Chapter 8, Municipal Arts Commission, of Title II (Commissions and Boards) of City Code by introducing a five-year Master Plan for Arts and Culture; clarifying how funding is established and adjusted for the 1 % for Art Fund; and scheduling the annual review of the two- year plan for projects slated for the I% for Art Fund, to be completed during the annual City budget preparation process. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. In response to the inqui,y of Chuck Gitchel (Renton) regarding the T-Mobilc monopole conditional use permit appeal, Councilmember Parker stated that the Planning and Development Committee will present its recommendation regarding the matter to the full Council on April 7. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL AD.TOUR~. CARRIED. Time: 9:39 p.m. ~,i,'4: w~ Bonnie 1. Walton, CMC, City Clerk RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 24, 2008 I COMMITTEE/CHAIRMAN COMMITTEE OF THE WHOLE (Palmer) COMMUNITY SERVICES (Briere) FINANCE (Persson) PLANNING & DEVELOPMENT (Parker) PUBLIC SAFETY (Taylor) DATE/TIME MON., 3/31 MON., 4/07 6p.m. MON., 4/07 5p.m. THURS., 4/03 3 p.m. FRI., 4/04 1:30 p.m. MON.,4/07 TRANSPORTATION (AVIATION) THURS., 3/27 (Corman) UTILITIES THURS., 4/03 (Zwicker) AGENDA No Meeting (5th Monday) !.:merging Issues in Transportation; Regional Committees and Issues Update *Council Conference Room* Lee Chicoine Appointment to Airport Advisory Committee; Regional Affordable Housing Program Agreement with King County City Code Title IV (Development Regulations) Docket; Annexation Fees Appeal ofT-Mobile Monopole Conditional Use Permit *Council Chambers* CANCELLED CANCELLED CANCELLED NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted All other committee meetings are held in the Council Conference Room unless otherwise noted. "Tl ' i i I EXHIBITF 2007 DOCKET-HELIPAD ZONING CODE AMENDMENT ISSUE: Should helipads be allowed in the R-8 zone (Residential-eight units per net acre) along Lake Washington? RECOMMENDATION: Staff recommends allowing Helipads as accessory to residential uses on properties abutting Lake Washington with an Administrative Conditional Use Permit. BACKGROUND: In summer 2007, the City was contacted by a person complaining about a neighbor landing a helicopter in the residential neighborhood. Code compliance officers investigated the claim and began working with the helicopter owner on this issue. The helicopter owner applied for a Temporary Use Permit, to allow him to operate a helipad on his property. hi the course of processing this permit, the Development Services division gathered comments from more than 50 interested parties. Although some were opposed to the operation of a helipad in this area, the vast majority were in favor of allowing this use. The City of Renton zoning code regulates helipads used for commercial purposes, as well as helipads which are accessory to a primary use. Accessory uses are activities that are subordinate or incidental to the main use of the property. Usually the uses are related to the main use, for example: outdoor materials storage for a manufacturing plant, a small workshop or extra garage behind someone's home, a home daycare business, or a drive through feature at a fast food restaurant or bank. Renton currently allows helipads as an accessory use with a conditional use permit issued by the Hearing Examiner in the light, medium and heavy industrial zones (IL, IM, IH), the Commercial Arterial (CA) zone, the Commercial Office (CO) zone, the Commercial Office Residential (COR) zone, and the Urban Center North I (UC-NI) zone. Helipads are currently prohibited in all residential zones. There are two types of conditional use permits issued by the City of Renton. Administrative conditional use permits are reviewed by staff and forwarded to the Zoning Administrator for final decision making. Hearing Examiner conditional use permits are reviewed by staff and presented at a public hearing in which the Hearing Examiner makes the final decision on approval or denial of the permit. Both processes require public notification and comment and both processes are subject to review under the decision criteria in RMC 4-9-030. These criteria instruct the reviewing official to consider the following factors in deciding whether to approve or deny a conditional use permit and include consideration of: compatibility with the Comprehensive Plan, community need, effect on adjacent properties, compatibility with the neighborhood, effects on traffic, and the production of noise and glare. The Federal Aviation Administration (FAA) regulates the design, siting, and use of helipads. Those who wish to establish a helipad, even for private use, must submit a proposal to the FAA for review and approval. As part of the approval process, the FAA conducts an aeronautical study to review safety issues and to ensure the helipad meets I applicable design criteria. FAA rules do not allow aircraft to approach landing spaces over residential neighborhoods. As a result, only lake front properties would be considered for possible helipad use. Furthermore, the FAA regulates the size ofhelipads based on the size of aircraft that will land there. Even with the smallest size of helicopter, only a few properties are large enough to accommodate an FAA approved facility. Two other communities in the area allow private helipads on residential lands. Hunts Point welcomes private helipads as a lifestyle choice and for the services they may provide in case of emergency. Redmond allows properties with frontage on Lake Sammamish to have a helipad for the use of a single aircraft. Other communities in the area do not allow helipads in residential areas unless they are established and used for emergency purposes only. Under RMC 4-3-090 L(l)b, Specific Use Regulations ofRenton's Shoreline Master Program, residences along the lake front are allowed to use seaplanes. Seaplanes are limited to one per residence, and for private use only. Thus, the ability to use aircraft along the waterfront is well established. Additionally, many of the neighbors writing to the City in support of the specific proposal for the establishment of a helipad last summer expressed the importance of maintaining aviation uses for lake front properties. Aviation uses provide a number of potential benefits for lake front property owners including: recreation, increased property values, entertainment, transportation, and lifestyle enhancement. Allowing helipad use on residential properties abutting Lake Washington is a natural extension of the provisions that allow sea plane useage. The proposed zoning code change would allow helipads as an accessory use in the R-8 zone with an administrative conditional use permit. Helipad use would be restricted by a note on the zoning use table that read: Limited to one aircraft per site. Helipads allowed only abutting Lake Washington. Helipads must be in conformance with applicable Federal Aviation Administration (FAA) guidelines for siting and design. In addition, the permit would be subject to the standard conditional use review criteria in RMC 4-9-030, as described above. Neighbors would be given the opportunity to comment on each specific helipad proposal through this process. The Administrator also has the ability to condition approval of the conditional use permit based upon such comments. Complying with FAA and City of Renton provisions should ensure that helipad uses are safe and compatible with surrounding land uses. COMPREHENSIVE PLAN COMPLIANCE: This proposed zoning code amendment does not conflict with any of the goals, objectives, and policies in the Comprehensive Plan. The purpose of the Single Family Residential land use designation is to create quality neighborhoods at urban densities. Throughout the City, different neighborhoods may have different factors that contribute to a quality environment. For properties on Lake Washington, the ability to operate aircraft for personal, recreational, and transportation purposes has always been an important factor in the lifestyle choices and quality of the neighborhood. 2 CONCLUSION: Aircraft, in the form of seaplanes, are already allowed as accessory uses for properties abutting Lake Washington. This code change would allow property owners to operate either a seaplane or a helicopter from their property. Proposed helipads would have to meet all FAA guidelines as well as the criteria for a conditional use permit under RMC 4-9-030 in order to be approved. These measures should ensure that any helipads would be located in places that are safe and compatible with surrounding land uses. 3 C> ' EXHIBITG --;;~Y 0 ~~~ ~~< ~'N'1' 2008 DOCKET PUBLIC HEARING March 24, 2008 1. COMMERCIAL OFFICE RESIDENTIAL (COR) ZONE CODE AMENDMENT Currently, in the City of Renton there are three different COR zones (CORI, COR 2, COR 3) with varied development standards. These three different designations have two different maxnnum densities, two different bonus possibilities, and different criteria to achieve those bonuses. The intent of having three different COR zones was to address the nried conditions of the sites including their em·ironmentally sensitive features, but also to address their potential for large and significant development. .~!any of the COR parcels are largely built out with projects that are completed or underway making the specialized need for three different sub-zones no longer necessary. Consolidating the COR zone into one designation is appropriate and simplifies existing code. Applying a minimum density of 30 dwelling units/acre and a maximum density of 50 dwelling units per acre is appropriate in fostering the Comprehensi,·e Plan intension of creating compact urban development. The proposed standards are outline below. Additionally, in order to ensure that the development that occurs fulfills the policies and intent of the Comprehensive Plan for the COR zone should be place in Design District C. Proposed changes comply with the Comprehensive Plan and the Planning Commision has recommended that the Planning and Development Committtee consider them. RECOMMENDATION: • Consolidate the three existing COR zones into one zone: o Eliminate the height and density bonus provisions o Set the minimum density at 30 du/acre o Set maximum density at 50 du/acre o Place two associated footnotes regarding upper story setback and fa,ade modulation in the development regulations table o Strike instances of COR I, COR 2, or COR 3 and replace with COR • Place the COR zone in Urban Design District C • Place the COR zone with the parking standards for other mixed use/mult1-fa1111ly 10ning designations 2. ASSISTED LIVING CODE AMENDMENT The City of Renton currently docs not have a definition for assisted living. However, there are definitions for retirement residence and convalescent centers. Assisted living is a type of housing for older people that has been in place for a number of years, the City needs to respond and include a new definition for this housing type and implement some new standards regarding this type of housing. Assisted living facilities develop with smaller unit sizes and with a different unit mix than the average apartment building. This makes it appropriate to allow assisted living facilities a ratio to apply to the maximum density of the zone they seek to build in. The amount or parking required at assisted living facilities needs to be higher than the requirements for a convalescent center because residents do bring cars. However, not all residents of assisted living facilities have cars. A requirement of one parking space per one residential unit will balance the parking needs for staff and guests with the cars brought with residents. Finally, limitations on the maximum number assisted living residential units allowed in the R- I zone are appropriate to ensure the residential character of that zone. Proposed changes comply with the Comprehensive Plan and the Planning Commision has recommended that the Planning and Development Committtee consider them. I RECOMMENDATION: • Implement a definition for assisted living that allows kitchens in units and indicates that the staff administers an element of personal care to residents. • Revise the definition for convalescent centers so that the distinction between assisted living and convalescent is clear and identifies that a skilled nursing staff administers convalescent care. • Implement a new definition for multi-family assisted living. • Apply density to assisted living facilities, but allow them to develop at a ratio of I .5 units per the base density of the zone. o Example: an assisted living facility that wanted to locate in the RMF zone would determine density by multiplying 1.5 x 20 to determine a maximum number of residential units of 30. • Replace retirement residences with assisted living in the zoning use tables. Allow assisted living facilities in the R-14 zone. Limit assisted living facilities in the R-1 and R-10 zone to a maximum of 18 total residential units per acre. • Require I parking space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. 3_ HELIPAD ZONING CODE AMENDMENT The proposed zoning code change would allow helipads as an accessory use in the R-8 zone with an approved conditional use permit. Helipad use would be restricted by a note on the zoning use table that limits sites to a single aircraft, restricts the use to properties along Lake Washington, and direct hclipads to be in compliance with FAA guidelines. In summer 2007, the City was alerted to the operation of a helipad from a residential property along Lake Washington. Aircraft, in the form of seaplanes, arc allowed in that area, but helipads are prohibited in the R-8 zone. A line in the zoning use table (RMC 4-2-060) allows helipads as an accessory use in a number of commercial and industrial zones (IL, IM, II-!, CA, CO, COR, UC-NI and UC-N2) with an approved Hearing Examiner Conditional Use Permit. Several property owners along Lake Washington have expressed their support for aviation uses in general, and specifically for helicopters, in their neighborhood. The Federal Aviation Administration (FAA) regulates helipads and has jurisdiction over air traffic. FAA approval of a hclipad includes an aeronautical study of the pad's construction and dimensions, the approach to the pad (which must not be over any residential property), and known flight paths. Aeronautical studies are based on the specific aircraft to be used on the site, so the exact dimensions necessary to safely operate a helipad can vary. However, even with a very small helicopter, only about nine properties along Lake Washington would ha, e enough space for a helipad (unless the existing home was significantly reduced in size). Conditional use permits are subject to review criteria in Rt\1C 4-9-030, which includes consideration of: compatibility with the Comprehensive Plan, community need, effect on adjacent properties, compatibility with the neighborhood, effects on traffic, and the production of noise and glare. Conditional use permits can include reasonable conditions, such as limitation on hours of operation, that address community concerns and ensure that the use is safe and compatible with surrounding land uses. Renton has both an Administrative and a Hearing Examiner conditional use permit. Both include public notification, but the latter allows for an open public hearing and a better opportunity for public involvement. FAA and City measures should ensure that any helipads would be located in places that are safe and compatible with surrounding land uses. The Environmental Review Committee has issued a Determination of Non-Significance for this proposal. RECOMMENDATION: I • Staff recommends allowing Helipads as accessory to residential uses on properties abutting Lake Washington with a Hearing Examiner Conditional Use Permit • Planning Commission recommends allowing Helipads as accessory to residential uses on properties abutting Lake Washington with a Hearing Examiner Conditional Use Permit. 4. MAXIMUM HEIGHT REQUIREMENT FOR UTILITIES IN RESIDENTIAL ZONES BACKGROUND: • Height in Renton's R-1, R-4, and R-8 zones are two stories and 30 feet. Above ground and elevated water tanks cannot meet these standard heights due to the operational and functional uses of the facilities. , Public facilities are defined in the Renton Municipal Code as: streets, roads, highways, sidewalks, street lighting systems, traffic signals. domes lie water system; storm and sanilary sewer systems. park and recreation .facilities, schools, public buildings , In the past, variances have been granted to height standards for the construction of new public facilities in residential zones. However, the variance is not the correct zoning tool to use in this instance because variances are property specific, and findings are required for hardship based on the physical constraints of the parcel. • The Hearing Examiner requested this code amendment. RECOMMENDATION: • Allow additional height for aboveground and elevated water reservoirs and public utility facilities. o 175 feet for aboveground standpipe water reservoir, an elevated water tank, a water treatment facility to the highest point of the water storage reservoir. o 50 feet maximum height for water facilities, such as water treatment facilities, and pump stations. , Allow additional setbacks for water treatment facilities and pump stations through the administrative site plan review process. , Allow modification to lot coverage through the administrative site plan review process. • Require graphic treatment of water tanks. o Public art to be reviewed by the Renton Municipal Arts Commission • Cost of public art on water tanks o Staff contacted three regional water utility providers with murals on water tanks (City of Tacoma, Sammamish Plateau Water and Sewer District, and Northshore Utility District) and a Renton-based artist who has painted more than a dozen murals on water tanks in the Puget Sound area. o Usually part of a new construction budget or a maintenance upgrade. o $30,000 for 3-million gallon tank up to 65 feet tall for a two colors tree pattern 360 ° in circumference. o $18,000 for design and painting and covered 180" of the tank's circumference. o Sammamish Plateau Water and Sewer District has recently cleaned and painted a 7- million gallon tank with a mural for $25,000. I I EXHIBITH \ I .-:,~- Mercer Isla1ntl , I · "-:PioffeerPa:r<k I iMAP " i ~ ~ ~ )i: " ~ ~ ' 5 1· " ' I \ !; ! " I -·--~~-~Itt sr ' '; •, ~' < ~. -• I ' I EXHIBIT I '- m i. EXHIBIT J Erika Conkling -Planning Commission input Regarding LUA 08- 004ECF and MONS From: CFC <cfc@connerhomes.com> To: 'Erika Conkling' <EConkling@ci.renton.wa.us> Date: 01/30/2008 1:00 PM Page I of7 Subject: Planning Commission input Regarding LUA 08-004ECF and MDNS CC: "John W. Hempelmann (E-mail)" <jhempelmann@cairncross.com>, "Anne F. Simpson (E-mail)" <annesimpson@comcast.net> Planning Commission Members Erika Conkling Regarding LUA 08-004ECF Dear Commissioners, This letter is intended to respond to comments from the few citizens who have questions about the proposed Code Amendment, but let me first quickly summarize some of the very positive comments from the many citizens who support the proposal. The overwhelming sentiments in the community are that Lake Washington is a very vibrant, active, noisy environment. That vitality is what attracts most people to the Lake; they appreciate all the activities and believe helicopters should be allowed on lakefront properties. They understand that the impacts of helicopters are minimal, less than those of other unrestricted uses on the lake and that they add interest and utility. Most important they believe that people should have the freedom to pursue their own interests as long as they are not harming others or the environment. Studies Show Insignificant Environmental Impact: Helicopters have less impact on wildlife, fisheries, and the quality of water, air, soil and hydrology than seaplanes or boats. From a mechanical standpoint taxiing a seaplane or any other watercraft from the water up on to the shoreline has more impact on the lake bottom file://C:\Docwnents and Settings\econkling\Local Settings\ Temp\GW} 00001.HTM 01/30/2008 Page 2 of7 and shoreline than landing a helicopter inboard of the high water line. This is allowed in the current code as well as in other jurisdictions such as Mercer Island. Both involve similar noise and wind but the helicopter does not create a wake, contact the lakebed or shoreline. It is more like driving a very light car in the yard, which is also allowed without permit or restriction. Helicopters do not discharge oil or fuel into the water as powered watercraft do. Federal studies have shown that helipads and helicopter operations have virtually no impact on the environment, for example: The National Science Foundation prepared an Initial Environmental Evaluation {IEE) and an Environmental Assessment (EA) as a combined environmental document, for the placement of a prefabricated helicopter landing pad at the Lake Bonney field camp in the Taylor Valley, Antarctica. It determined that implementation is not a major federal action which would have a significant effect on the human environment, within the meaning of the National Environmental Policy Act (NEPA) of 1969. The action is not one which would have more than a minor or transitory effect on the Antarctic environment, within the meaning of the NS F's implementing regulations for the Protocol on Environmental Protection to the Antarctic Treaty. Therefore, an environmental impact statement and/or a comprehensive environmental evaluation will not be prepared. http://huey.colorado.edu/L TER/assessments/eis 121896.html Contrary to the statement by Mr. Rosling, eagles are not an endangered species; they were delisted on June 28, 2007 and in fact regularly hunt the shoreline where a helicopter is currently based. The Bald Eagle Protection Act does prohibit "take" of eagles. Take is defined in the Migratory Bird Treaty as "pursue, hunt, shoot, wound, kill, trap, possess or collect". Flying an aircraft to or from a destination does not fit into any of those categories. If it did then all aircraft flying from the Renton airport would engage in a "take". file://C:\Documents and Settings\econkling\Local Settings\ Temp\GW} 0000 l .HTM 01/30/2008 Page 3 of7 Noise is within maximum permissible level at the property line of a lot wide enough to meet FAA helipad guidelines, (Chapter 70.197RCW and Chapter 173-60WAC) of 55 decibels (db), plus 10 db for a total of 65 db for maximum 5 minutes, ?On db is allowed for 1.5 minutes,. According to FAA data, the MD 500 helicopter generates 88db on approach, and 80 db at idle, the degradation of sound at 32' is 24 db (6db for each doubling of distance starting at measurement point of 2') therefore it is well within the parameters of permissible noise for a residential zone, as the machine stabilization idle time is 1 minute at start up and 2 minutes for shut down. These data have been verified by on site testing and are corroborated by: http://www.faa.gov/abouUoffice erg/headquarters offices/AEP/noise le Jim Catalano, Accoustical Engineer Argus Pacific Inc. 1900 West Nickerson Street Suite 315, Seattle, WA 98119 and the MD500 operations manual. For comparison purposes chainsaws and blowers generate about 100db. The noise made by a helicopter is infrequent, non-repetitive and intermittent. For private owner operators, departures and landings are typically spaced from about 30 minutes to weeks apart, for an average of about 50 flights per year. The lake is a noisy environment, particularly in Kennydale due to the proximity of the airport, which predates most of us. Additionally Chapter 70.1137RCW and Chapter 173-60WAC states that "sounds originating from aircraft in flight and sounds originating from airports are exempt". No Significant Increase in Helicopter Landings on Lake Washington Shoreline: There is unlikely to be a significant increase in the number of helicopter landings or helipads on lake Washington in Renton because of the following facts: file://C:\Documents and Settings\econkling\Local Settings\ Temp\GW} 0000 l.HTM 01/30/2008 Page 4 of7 • There are few helicopter owner operators • Helicopters are more expensive to own, fly and maintain than an airplane of similar capacity. • It costs about half as much to charter a floatplane with the same capacity as a helicopter • If you needed a to hire a helicopter you would probably drive to the airport rather than have a helicopter pick you up at your property due to the added expense and logistics of landing at an unfamiliar location. In the city of Renton on Lake Washington there are: • 132 residential lots • Only 7 lots which could possibly accommodate helicopter without tearing a home down, 4 of which are on Mountain View Avenue, including the only lakefront opponent of the proposed zoning code change. • Only 1 other helicopter rated pilot living on the lake, he owns an airplane based at his residence and his lot is of insufficient size to accommodate a helicopter. Hunts Point has no restrictions on helicopters and there are • 141 lots on Lake Washington all of which are large enough to accommodate helicopters • 5+ helicopter rated pilots . • Only 1 helicopter is based there, part time in summers Redmond has the same code as Renton's proposed new code and there are: • 110 lots on Lake Sammamish • Only 1 permanently based helicopter in a hangar integral to a home . • 1 additional helicopter based there occasionally. Regarding the fear of a proliferation of helicopters and heliports, the training requirements, expense and limited availability of landing sites file://C:\Documents and Settings\econkling\Local Settings\ Temp\GW} 0000 l.HTM 01/30/2008 Page 5 of7 with safe approaches are the practical limitations that currently limit the number of helicopters where they are currently allowed. Code and Shoreline Issues: Helicopters are consistent with Renton's shoreline master plan, though not specifically listed, due to their similarity with floatplanes. Other jurisdictions which allow helicopters make no mention of either floatplanes or helicopters in their shoreline master plans. If construction were necessary to create a helipad shoreline regulations may apply. It has been suggested that the proposed zoning change is too brief, that lssaquah's would be a better model, however much of the text is simply a repeat of FAA rules already in force and therefore a redundant waste of resources. Additional conditions restricting flight are in the domain of the FAA and no municipality has the authority to unilaterally modify. It is not feasible to limit flight operations other than landings and departures because of where an aircraft is based. It is not possible to discriminate among aircraft because of where they are based. Flight restrictions are the purview of the FAA and have to include all class of aircraft. Safety and Airspace Jurisdiction: The FAA is concerned with the flight safety. Notifying and communicating with the FAA is not a requirement, the FAA does not require that helicopters land at an airport or heliport. Being in contact with the Renton Control tower is a requirement as all lots on Lake Washington in Renton are within their control zone. There are both floatplanes and helicopters based on Lakes Washington and Sammamish at locations neither designated as heliports or seaplane bases. Seaplanes are not required to taxi anywhere to "rev up" their engines, they are restricted to speeds of less than 8 mph within 300' of shore or structures while on the surface of the water. Approaches and departures over water are recognized as the safest other than over flat unpopulated ground. Unlike airplanes, engine out emergency landings in helicopters require very little open space. Contrary to the opinion of Mr. Galster in "engine out" situations helicopters are more maneuverable than fixed wing aircraft, able to make near vertical file:/ /C:\Documents and Settings\econkling\Local Settings\ Temp\GW} 0000 l .HTM 01/30/2008 Page 6 of7 descents and land at speeds of 10 mph or less with a ground run of less than 30 feet. Most airplanes must land at speeds of over 50 mph and take hundreds of feet to stop. Much of the opposition discussion is directed at aviation and helicopters in general. The concerns will not be alleviated by restricting helicopter operations to the airport, in fact doing so would exacerbate the perceived problem as helicopters would then have to overfly homes to get to the airport, which they do not have to do operating from lake front properties. Those that state they can hear a helicopter from lower or upper Kennydale have no idea where it came from unless they recognize it and know it's base, as they cannot see it land or depart. Standard altitude for helicopters in the east channel is 500' (Pattern altitude for aircraft over Kennydale is 800'). At a departure climb of 40kts and 1,000 feet per minute a helicopter will be 500 above ground/water level at a distance of 2100'. There is no minimum altitude required over water for any type of aircraft. No Complaints from Prior Neighbors in Over a Decade Between the years of 1989 and 2002 I flew the same type of helicopter from my home on Lake Sammamish and neither I nor the local jurisdiction received any complaints. By typically flying between the hours of 8 am and 10 pm and talking with neighbors prior to flights outside of those hours I was able to avoid any conflict. Conclusion: Helicopter landings on lake front properties are clearly of no greater impact to the community and environment than Seaplane operations from private residences. The vast majority of our community welcomes them. For all the reasons stated here a Determination of Non- Significance is appropriate as is approval of the proposed zoning code modification. Thank You, Charlie Conner 3001 Mountain View Avenue North file://C:\Documents and Settings\econkling\Local Settings\Temp\GW} 00001.HTM 01/30/2008 Page 7 of7 Renton Wa. 98056 I file://C:\Documents and Settings\econkling\Local Settings\ Temp\GW} 0000 l.HTM 01/30/2008 ;,r;: ' I m i EXHIBITK May 1, 2008 Ms~ Erica Conkling Community and 1::.em~1<11"'mm;1c Development 1055 S. Grady Way Renton, WA 98057 Re: Planning Commission input regarding LUA 0&-004ECF and MONS Dear Ms. Conkling: It has recently come lo my attention that you receilled a letter from Mr. Charlie Conner regarding his pennil application to build a heliport on his property. On page 3 of his letter dak!d 1/30J2008, Mr. Conner referenced sound level measurements that were made on his property showing attenuation of sound levels at various dis1ances, and he implied that I made these measurements. The purpose of this correspondence is to emphasize lhat I never evaluated the noise generated by his helicopter, nor did I ever make any of the measurements discussed in his letter to the Planning Commission. Although his letter does not specifically stale that I made the referenced measurements, he clearly implied that I did so. Another, potentially more serious misstatement in Mr. Conner's oommunlcation is his reference that I am an acoustical engineer. I am not, nor did I ever represent myself lo him as an acoustical engineer. In late February, I was contacted by Mr. Conner lo evaluate the noise generated by his helicopter, and lo measure sound levels at his property line. During that inttial telephone conversation, Mr. Conner asked me general questions regarding the physics of sound and Its attenuation owr distance. As a certified industrial hygienist, my expertise extends lo the evaluation and control of noise exposure; I have some expertise in the physics of sound. I briefly described sound attenuation in a free field, but I explained that actual attenuation is not always consistent with basic formulae, and that actual measurements, using · appropriate equipment, would be the only~ lo accurately determine the sound level·al his properly line during operation of the helicopter. I prepared and sent Mr. Conner a proposal, dated March 3, 2008, to perform these on~ measurements. Upon receipt of the proposal, Mr. Conner informed me that he thought the issue would be resolved and declined to sign the contract for performance of the measurements. I had heard no more regarding this issue until last week, when I received a cal from Mr. and Mrs. Galster, asking me to clarify the measurements I made on Mr. Conner's behalf. I explained to them that I never made such measurements and asked how they obtained my name, and how they came to believe that I was responsl:Jle for this information. They forwarded me the letter from Mr. eom-1o the Planning Commission lo which this correspondence refers. I have no interest in the dispute l>Btw.n Mr. Conner and his neighbors or the deliberations of the Planning Commlseion regarding Mr. Conner's pennit application. I simply want lo clarify that I am not an aooustical engineer, and I did not make, verify, or validate eny data Mr. Con,-may be relying upon regarding the sound produced by his helicopter. -·w James D. Catalano, CIH Argus Pacific, Inc. Cc: Charlie Conner Mr. and Mrs. Galster ARGUS PACflCINC. • l'IOO WNICl<El\SON • SUITE JIS •SEATTLE.WA ,e1 i, •P(206) 285.3373 • f (206) 2115-Jn7 f'a&e I of I EXHIBITL From: To: Date: Subject: Ms. Conkling, "charlie Conner" <chasbone1@comcast.net> <econkling@ci.renton.wa.us> 05/04/2008 9:56:36 PM Catalano letter response I have just returned from a week out of town and have read the letter dated May 1, 2008 from James D. Catalano, CIH Argus Pacific, Inc. I'm writing to clarify any misunderstanding of the events and documents referenced in my letter to the Planning Commission dated January 30 2008. I was referred to Mr. Catalano by an engineer associate of mine who I called looking for an acoustical engineer who could educate me on sound characteristics. I contacted Mr. Catalano on Tuesday January 22 after reviewing sound data found on the website: <http://www. faa. gov /abouUoffice _ org/headqu a rte rs_ offices/ AEP /noise _leve Is/ m edia/helicopter _appendix_ 1 O.xls>. This site lists noise data for a Boeing MD 520 N helicopter. At the time of my research it was the only data I had found for the closest model to the MD 500 E that I operate. I asked Mr. Catalano about the degradation of sound over distance and he followed up with his opinion on the attached email. As you can see, I used some of Mr. Catalano's data and for that reason I cited to both the FAA data and Mr. Catalano. I wanted the City to know the source of my data. Subsequently I used a hand held sound level meter to test actual sound levels. I was reassured that the actual sound readings were as predicted by the data I obtained from the FAA and Mr. Catalano. I measured sound levels standing adjacent to the helicopter as it was running in my back yard and I also measured levels from the appellant's property line. I took additional readings at Harvey Field in Snohomish County at a distance of 150 feet. Generally, the sound measurements were consistent with the predictions in the data. Without going into all this detail I simply referenced data sources. If you read my letter you will see I did not state that Mr. Catalano had done any testing. He did not do the testing and I would not say he did so. Regarding Mr. Catalano's credentials I was apparently in error of him being an acoustical engineer. He sounded very knowledgeable and he had good references to data. I hope this letter corrects the record. I am enclosing copies of the data from the FAA and Mr. Catalano. Sincerely, Charlie Conner cc: Mr. James Catalano, Mr. John Hempelmann, Ms. Peggy Ga/lster. Encl: <http://www. faa. gov /about/office_ org/h eadquarters _ offices/ AE P lnois e _level s/m edia/helicopter _appendix_ 1 O.xls> Catalano Email of January 22, 2008 1 :44 PM CC: <j im@arguspacific.com>, <jhempelmann@cairncross.com> AIRCRAFT NOISE DATA FOR U.S. CERTIFICATED HELICOPTERS (14 CFRPART 36,APPENDIX II) (FROM AC 36-lH APPENDIX 10; NOVEMBER 15, 2001) ENGINE DATA MAIN ROTOR MANUFACTURER MODEL MTOW MLW MFR. MODEL NO. MFR. MODEL BIADES DIA(FT.) AGUSTA Al09E 6.28 6.28 PRATT&WIIT'INEY 206C 2 AGUSTA 4 36.00 AGt:STA Al09E 6.28 6.28 TL'RB011ECA ARRIUS2Kl 2 AGUSTA 4 36.00 AGUSTA Al09K2 6.28 6.28 TURB011ECA ARRIEL !Kl 2 AGUSTA 4 36.00 BELL HELI TEXTRON Z06IA 4.45 4.45 ALLISON 250.C30P I BELL HELi TEXT 206-015-0(ll-107 2 37.00 BELL HELI TEXIRON 230 FXD SKD GR 8.40 8.40 ALLISON 250-C30Gn 2 BELL HELI TEXT 222.018-501-lOl 2 42.00 BELL HELI TEXTRON 230 RTR WHL GR 8.40 8.40 ALLISON 250-C30G/2 2 BELL HELI TEXT 222--018-501-101 2 42.00 BELL HELI 1EXTRON 412HP 11.90 l 1.90 PRATT&WHITNEY PT6T-3E 2 BELL HELI TEXT 412.015-300-109 4 46.00 BELL HELi TEXTRON 412SP 11.90 11.90 PRATT&WlilTNEY PT6T-3B 2 BELL HELi TEXT 412-015-300-109 4 46.00 BELL HELi TEXTRON 412EP 11.90 I 1.90 PRATT&WHITNEY PTor.:m 2 BELL HELi IBXT 412-015-300..109 4 46.00 BELL HELi 1EX'IRON 427 6.00 6.00 PRATT&WlllTNEY PW207D 2 BELL HELI '!EXT 427-015-001-125 4 37.00 BELL HELi TEXTRON 427 6.35 6.35 PRATI&WHITNEY PW207D 2 BELL HELi TEXT 427-015-001-125 4 37.00 BELL HELi TEXTRON 430 9.00 9.00 ALLISOK 250-C40B 2 BELL HELi TEXT 430--015--001-101 4 42.00 BOEING MD520N 3.35 3.J.5 ALLISON 250-C20R/2 I MCDONNELL DOUG 369D21 l 02-503 5 27.35 E!Il EH l 01/300/500 31.50 31.50 GE CT7-6A 3 j 61.00 EUROCOPTER AS 332L2 20.20 20.20 TURBOMECA MAKILA IA2 2 4 53.10 EUROCOPTER AS 350 B2 4.96 TURBOMECA ARRIEL lDl I AEROSP A TIAI.E 355A31.0001 3 35.07 EUROCOPTER AS 350BA 4.63 4.63 TIJ'R.BO:MECA ARRIEL lB I 3 35.10 EUROCOPTER AS 355 N 5 6() 5.40 TL"RBOMECA ARRIUS 1Al4M 2 EUROCOPTER ST ARFI..EX 35.M340004-00 3 35.60 EUROCOPTER AS 355F2R 5.29 5.29 ALLISON 250-C20F 2 3 3S 10 EUROCOPTER AS 355N 5 6() 5.60 Tu"REOMECA ARRIUS 3191M 2 3 3S 10 EUROCOPTER AS 365N2 9.37 9.37 TURBOMECA ARRIEL IC2 2 4 39 20 EU"ROCOPTER BK 11782 7.39 7.39 LYCOMING LTS-101-750Bl 2 4 36.10 EU"ROCOPTER BKll7Cl 7.39 7.39 TURBOMECA ARRIEL IE2 2 4 36.10 SIKORSKY S-76A STC:568NE 10.80 10.80 11JRBONIBCA ARRIEL IS 2 SIKORSKY 76150-9000/09100 4 44.00 SIKORSKY S-76C 11.70 11.70 TURBOMECA ARRIEL 1Sl 2 SIKORSKY 76150-09199-41 4 44.00 SIKORSKY S-76C+ (PLUS) 11.70 11. 70 TIJRBO:tv1ECA ARRIEL 2Sl 2 SIKORSKY 76150-09100-41 4 44.00 Page 1 -------------------AIRCRAFT NOISE DATA FOR U.S. CERTIFICATED HELICOPTERS (14 CFR PART 36, APPENDIX H) (FROM AC 36-IH APPENDIX 10; NOVEMBER 15, 2001) IAILROTOR NOISE !,EVEL {EPNdBJ MFR. MODEL BLADES DIA(Ff.) FO TO AP STAGE NOTES AGUSTA 2 660 90.8 91.4 91.4 2 AGLlSTA 2 6.60 90.9 91.8 93.3 2 AGGSTA 2 6.60 89.1 91.7 91.1 2 BELL HELI TEXT 20&-016-201" 127 2 540 85.2 88.4 90.7 2 BELL HELI 1EXT 222.016-001-107 2 6.1!3 90; 89.1 94.2 2 BELL HELI TEXT 222-016-001-107 2 6.83 90.8 89.] 94.2 2 BELL HELi 1EXT 212-010-750-105 2 8.60 93.4 92.8 95.6 2 BELL HELi TEXT 21Ul10-750.105 2 8.60 93.4 93.2 95.6 2 BELL HELi TEXT 212-010-750-105 2 8.6.0 93.4 92.8 95.6 2 BELL HELi 1EXT 427-016-001-109 2 5.67 89.1 88.0 91.2 2 BELL HELi TEXT 427-016-001-109 2 5.67 890 88.5 91.2 2 BELL HELi TEXT 222-016-001-l l 1 2 6.90 91.6 924 93.8 2 MCDONNELL DOUG NOT.AR 80.2 85.4 87.9 2 4 13.10 93.t 97.6 99.5 2 4 10.40 93.2 94.2 96.5 2 AEROSPATIALE 355Al2.0031 OR 0040 2 6.10 87.l 89.8 91.4 2 2 6.10 86.8 91.1 91.3 2 EUROCOPTER 350A33-000S..03/04 2 6.20 86.2 88.8 929 2 2 6.10 87 6 89.0 93.8 2 2 6.10 86.2 88.8 92.9 2 11 160 9l.O 933 96.1 2 2 6.40 90.8 90.0 96.0 2 2 6.40 89.7 90.6 96.0 2 SIKORSKY 76101-05101-041 4 8.00 92.8 92.5 95.6 2 SIKORSKY 76l01-05501-041 4 8.00 93-.2 96.0 97.7 2 SIKORSKY 76101-05501--041 4 8.00 91.6 93-.9 96.1 ' Page 2 [E'iib1 Conl<iing -FW: Sound_attenuation at distance From: To: Date: Subject: CFC <cfc@connerhomes.com> '"econkling@ci.renton.wa.us"' <econkling@ci.renton.wa.us> 05/04/2008 10:15:02 PM FW: Sound attenuation at distance this is one of the enclosures that belongs with the letter i sent from my corneas! address regarding Mr. Catalanos letter to you of May 1, 2008. you can print the other from this link: http://www. faa. gov/about/office_ orglh ead quarters_ offices/ AE P lnoise _levels/me dia/helicopter _ appendix_ 1 O .xis Thanks, Charlie Conner -----Original Message----- From: Jim Catalano [mailto:jim@arguspacific.com] Sent: Tuesday January 22, 2008 1 :44 PM To: cfc@connerhomes.com Suoject: Sound attenuation at distance Mr. Conner, I ran the calculations on the sound levels associated with your helicopter. I was quite a oit off on my "seat of the pants" calculations. The formula for sound attenuation in a free field (such as outdoors) is 201og(d1/d2). Thus, for the example we discussed, in which the original measurements were taken at a distance of 2 feet, the expected attenuation at 200 feet would oe 40 do. If the level at 2 feet were 88 do, the expected level at 200 feet would be 48 do. (For every doubling of the distance, the sound level decreases by 6db ). I should point out that weather related factors including temperature, humidity and wind speed/direction can influence the behavior of the sound. Therefore, under actual conditions, sound levels may not necessarily follow the formula as outlined aoove. In order to determine whether or not a problem exists, I would recommend a sound level survey in which sound levels are monitored at various times and locations on the perimeter of the property. If you would oe interested in scheduling such a survey, let me know. I can be reached at 206-285-3373. Jim Catalano, CIH Argus Pacific, Inc. Page 1