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HomeMy WebLinkAbout921042003 Eagle Mgmt PlanBALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY: Marrowstone #984 Applicant Edward and Theda Cooper 18224 Coyote Meadow Rd. Sonora, CA 95370 Property Tax Parcel 921042003, Township 29 North, Range 1 East, Section 4, NE 1/4 of NW 1/4, Jefferson County. Pending Activity_ Residential development. FACTORS CONSIDERED 1) Landowners goals were considered through a review of the site development plan and the septic system application. A site visit was conducted to the property with the landowners to review the proposed development prior to their closing 6n the parcel. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, Current status of the population and scientific literature concerning bald eagle habitat protection. BACKGROUND The Marrowstone Bald Eagle Territory is located in Jefferson County, approximately .5 miles southeast of Nordland on Marrowstone Island (Figure 1). The Washington Department ofFish and Wildlife (WDFW) has been monitoring this bald eagle territory since 1988. A total of four different nest trees have been documented within the territory (Figure 2). The eagle pair is known to have nested in the original nest (Nest #1) fi.om 1988 - 1992. A total of 8 young were produced at this nest during the 5 year period. During the nesting seasons 1993 - 1995 the territorial eagle pair was again documented nesting at Nest/ti. Due to budget constraints, the WDFW has not been able to conduct annual aerial surveys for bald eagle productivity since 1993. The number of young produced at the nest during 1994 and 1996 is unknown. A failed nesting attempt was documented in June of 1995, when an addled egg was observed in the nest. The grand fir tree which contained Nest/ti was reported as dying and this nest was actually destroyed in 1996. An alternate nest (Nest #2), approximately I000 feet north of Nest #1 was documented by WDFW in 1990. No nesting activity was observed at this site and the nest has not been present since 1991. The same year that Nest # 1 was reported as gone a new Nest #3 was located. This-nest tree, another dominant grand fir tree, was located approximately 60 feet west of the tree which had contained Nest #1. The Marrowstone eagles nested at this nest in 1996 and 1997. It is unknown if any young were produced at this nest. The nest, which was located on the top of the tree, was vulnerable to wind and was destroyed in late 1997 or early 1998. During the same aerial survey when the status of Nest #3 was confirmed, the WDFW discovered yet another new nest. The live grand fir tree which contains this new Nest #4 is located approximately 300 feet south east of the tree which contained Nest #3. The tree is located along the shoreline and the nest is located on the fully rounded top. One young was produced at this nest during the 1998 nesting season. A total of five bald eagle territories are present on Marrowstone Island. The recent history of the area has been one of conversion fi.om a timbered island to an increasingly subdivided area where a considerable portion of the suitable bald eagle habitat has been altered by timber clearing and residential development. Edward and Theda Cooper recently purchased a 1.57 acre parcel of property within the Marrowstone Bald Eagle Territory (Figure 3). The landowners were notified of the requirement of a Bald Eagle Management Plan prior to closing on the property. The tree which contains bald eagle Nest #4 is located approximately 300 feet north of the property. The parcel was partially cleared in the past and a dilapidated cabin is present near the middle of the lot. A well presently exists on the medium bank waterfi'ont parcel. The property contains a mix of mostly deciduous trees (maple, alder, and madrona), along with a small number of second growth conifer trees. The property directly north of the parcel was nearly completely cleared in the past, prior to documentation of the eagle territory. Only a narrow strip of mostly cedar trees buffer the nest tree to the south toward the Cooper's property. The landowners are presently proposing to install a septic system and construct a combined garage/ADU on the property (Figure 4). They intend to construct a two bedroom home on the property in the future. They have made a special effort to minimize tree removal and use areas previous cleared for their proposed development on the parcel. The septic system will be installed in the area where the cabin had existed. Some deciduous trees and a few small conifer trees will need to be removed in the area proposed for the septic system and the structures. The home will be constructed back fi.om the bank as required by the county and all conifer trees along the bluff will be retained. The intent of this plan is to allow for the proposed residential development while maintaining the long term integrity of the Marrowstone Bald Eagle Territory. Previous cleating of this property, along with the adjacent parcel, removed valuable buffering habitat around the nest tree and · perching habitat along the shoreline. The clearing also increased the risk of blow-down to the nest tree and adjacent significant habitat. A concern of the WDFW is the protection of the remaining significant bald eagle perching habitat and potential future nest trees which exist on the property. Timing restrictions will be implemented to minimize disturbance during the bald eagle breeding and nesting season. The planting of conifer seedlings will enhance the existing buffer on the nest tree, supplement screening of the homesite, and provide future bald eagle habitat. CONDITIONS The following conditions apply to protect bald eagles and their habitat: 1) The proposed installation ora septic system and construction ofa garage/ADU as shown on the site development plan (Figure 4) shall be allowed. 2) The future construction ora two-bedroom home in the location as shown on the site development plan (Figure 4) shall be allowed. 3) All trees shall be retained on the property except for those trees in the path of the driveway, building envelopes, and septic system. 4) The selective removal of deciduous trees and the limbing of conifer trees shall be allowed to achieve water views. No more than 30% of the live crown ora conifer tree shall be removed. 5) Danger trees may be removed if trees are identified as hazardous by a professional forester or certified arbofist. A written report fi.om the forester/arborist must be submitted to the WDFW before approval to remove the hazard trees is granted. A tree that presents imminent danger to the safety or property of individuals may be removed without a report. * Special note: The two dead madrona trees located along the beach should only be removed if they pose a threat to life or property. 6) No heavy equipment operation, clearing, tree cutting; outside home construction, or outside burning (piles > 4' x 4') shall occur during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. 7) The discharge of firearms, fireworks, or explosives is prohibited during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. 8) Two dozen (24) live conil~r tree seedlings shall be established on the property. A portion of these trees shall be planted along the eastern ½ of the north property line. The seedlings shall be: - At least 2.0 age class. - A mix of grand fir, Douglas fir, and western red cedar. - Planted within one year ofgarage/ADU completion. 9) No further subdivision of the property shall occur. DURATION OF PROTECTION This plan applies to the landowner who signs the plan. If the ownership changes, the new landowner may sign the plan or request a new one to reflect a change in land use. Since eagles return to the same traditional use areas each year, the conditions of this plan shall apply indefinitely unless a breeding territory has been unoccupied for 5 consecutive years. If the breeding territory is unoccupied for 5 consecutive years, then the WDFW biologist and the landowner should evaluate the continued need for protection of the bald eagle habitat. If an eagle does not show signs of incubating eggs by May I, then the timing restrictions do not apply for that year. Surveys shall be done by a qualified wildlife biologist. Please contact the WDFW if the eagles change the location of their nest. Do not assume that the conditions of this plan no longer apply. REVIEW AND AMENDMENT This plan will be subject to the following review and amendment procedures. The plan may be reviewed periodically by the Washington Department offish and Wildlife (WDFW) to determine whether: 1) the plan requires amendment in response to changing eagle and landowner circumstances; or, 2) the terms of the plan comply with applicable laws and regulations; or, 3) the parties to the plan are complying with its terms. APPEAL PROCEDURE In addition to the provisions of WAC 232-12-292(7.1)-(7.3), the landowner may request a formal appeal of WDFW actions according to the Administrative Procedures Act, Chapter 34.05 RCW, and the Model Rules of Procedure, Chapter 10.08 WAC: Such a request shall be filed with the Department within 20 days of receipt of the contested WDFW decision. The appeal request shall clearly state the relief sought and the grounds for the appeal. COMPLIANCE Failure to comply with this plan constitutes a misdemeanor as set forth in RCW 77.21.010. This plan applies only to the proposed land use listed above. Any other proposals may be subject to a different set of conditions. It is the landowner's responsibility to notify the Washington Department offish and Wildlife (WDFW) of any new proposed land use activities. Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department ofFish and Wildlife, P.O. Box 1933, Sequim, WA. 98382. (360) 681-4276. · WASHINGTON STATE DEPARTMENT OF FISH and WILDLIFE Bald Eagle Site Management Agreement On behalf of the people of the State of Washington, to which its wildlife belongs, the following agreement is hereby enacted for the purpose of protecting Bald eagles and their habitats. The Landowners and Washington State Department of Fish and Wildlife agree to the conservation measures described in the attached Site Management Plan. Site Name: Marrowstone Island #984 Legal Description of proposed project: T29N, R1E, Section 4 The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. 2) ' Landowner (Signature) D.a~e ~0 Phone Number Landowner (Print) Address ] City, State, Zi~ ' The State of Washington, Department ofFish and Wildlife Wildli$~ Biologist Date Region Date County Priority Inspected By Date ;ontractors ~oint Bead3 .-,Kaiser ~ . ..~ :~:"< point Kala Pt Point [ R1W 4s' ~0 ~ s~o[R 1 E Bush Point< ';RSHIP FIGURE 1. The location of the Marrowstone Bald Eagle Territory --Fro., Jeffemon County Fro: Tide, whichever is further seawara, to extreme L~w From Mean Low Tide to Extreme Low Tide 0 NEST TREE #3 scow BA NEST TREE #2 NEST TREE #1 NEST TREE #4 Iodgle Poi n~.\ FIGURE 2. The location of the Marrowstone bald eagle nest trees. C& Ng AC )40 921042033 TAX 50 2.25 a. NW 1/¢ SEC 4 TWP 29N ROE 1E 644.15 42025 '35 o. 761.20 -~ (LESS S 5A 'FAX 24- & ; 55-42 &: R/W 921042027 TAX 37 0,50 a. 9210420'7.6 TAX 36 0,50 921042030 TAX 40 0.87 a. 921042019 TAX 26 ].05 a. 921042021 TAX 28 0.84 a. 921042025 TAX 30 0.85 o. 921042024 TAX 31 0,92 a, 921042031 TAX 41 0.68 a. 921042032 TAX 42 0,54 e, 921042028 TAX 38 0.83 a'; 2022 TAX 29 2.02 a. W/EASE 921042001 921042020 TAX 27 480.00 0.84 ~. 921042017 TAX 2,~W C~ CO R0) LES~ TAX 80 SIJBJ/EASE 0.93 a. GOV'T LOT 4 (S 5 AC) PTN W OF CO, RD, 921042029 TAX ,39 0.68 <3. 92.1042016 TAX 24 0.61 ,3. '700102 45 (W 700') 'S 7700083 977700068 LOT 45 (LESS PTN E OF RD AND LESS W 700') 5.25 a. COOPER PROPERTY MARROWSTONE ISLAND SECTION LOCATION GUIOE FIGURE 3. The location of the Cooper property on Marrowstone Island. SCALE: 1 "= 2O'0' · .<0' 0 '