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HomeMy WebLinkAbout021215004 Eagle Mgmt Plan 4'~- --:;;z M,LAo!f-Ob=30L W ASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 ., WAC 232-12-292 ", JUN 15 2004 EAGLE TERRITORY: Craven Rock #675 JEFFERSON COUNTY OeD ADDlicant Leland E. Paddock 2092 S. 7th Ave. Sequim, W A 98382 PrODertv Tax Parcel #021215004, Township 30 North Range 1 East, Section 21, SW '14 ofSW '14, Jefferson County. Pendin!! Activity Residential development - installation of a septic system and construction of a single- family residence. FACTORS CONSIDERED 1) Landowners goals were considered through a review of a proposed site development plan. Permit staff at the county notified the landowner that a Bald Eagle Management Plan would be required for the property. A few phone conversations were conducted with the son and daughter of the landowner to review the proposed development. Sites visits were previously conducted of the property when the nesting territory was first documented. A site visit was conducted on the property on June 3, 2004, with contractor Cary Casal to review the proposed site development. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, a review of other eagle plans developed for the territory, and the current status ofthe population and scientific literature concerning bald eagle habitat protection. BACKGROUND The Craven Rock Bald Eagle Territory is located on the east side of Marrows tone Island in Jefferson County, approximately 1.5 miles north of the town ofNordland (Figure 1). The history of Marrowstone has been one of conversion of a mostly timbered island to a increasingly subdivided area where a considerable portion of the suitable bald eagle habitat has been altered by timber clearing and residential development. The Washington Department ofFish and Wildlife (WDFW) has been monitoring this territory since 1994. A total of two nest trees have been documented within the territory (Figure 2). The original Nest #1 was documented by WDFW during an aerial survey conducted in June of 1994. It is very possible that the nest was present prior to documentation by the WDFW. They area had been considered a suspect bald eagle territory by the WDFW and local landowners report that the eagles were observed carrying nesting material in the vicinity in 1991. The tree containing Nest #1 is a sub-dominant grand fir tree, which is located approximately 186 feet inland from the shoreline bluff (Figure 3). The nest tree is located on Lot 6 of a large lot subdivision approved in July of 1993 by the Jefferson County Planning Department. The nest is located near the top of the tree and can be observed quite easily from the ground from certain locations. A substantial buffering of trees does not exist around the tree to help minimize disturbance during the nesting season or protect the tree from wind throw. A small cabin, which is presently used as a second home is located approximately 200 feet from the nest tree. On April 18, 2002 another alternate nest (Nest 2) was documented by WDFW during an aerial survey of Marrowstone Island. This nest tree is a live, double-topped grand fir tree approximately 75 feet south of Nest Tree #1 (Figure 2). The nest is located in the crotch located approximately 15 feet down from the top. The territorial eagle pair was observed occupying the territory during the aerial survey conducted by the WDFW in June of 1994. It is unknown if any young were produced during this nesting season. The adult eagles were again observed within the territory during the 1995 aerial surveys but no nesting activity was documented. An adult eagle was observed in incubation posture on Nest # 1 during the April aerial surveys conducted 1996 - 2001, with the exception of 1999. One young was produced in the nest in 1997 and 2 young were produced in the nest in 2000. Productivity surveys were not conducted every year by WDFW so the total number of young produced at the nest each year is unknown. The eagle pair nested in Nest #2 during the 2002 season. The number of young produced is unknown. During the site visit conducted on June 3, 2004, two adult eagles were observed perched along the shoreline. The nesting territory was confirmed to be active since at least one young eaglet was heard in the vicinity of the nest trees. The Paddock family presently owns 3 parcels of waterfront property within the Craven Rock Bald Eagle Territory (Figure 3). Dr. Paddock originally purchased 36.15 acres of property in 1932. The land was retained as undeveloped for many years. A road was installed in the past in order to obtain access to the shoreline banle In the spring of 1993, the landowner obtained approval from the Jefferson County Department of Community Development to conduct a large lot sub-division of the property. The property was divided into a total of7 individual parcels (Figure 3). The WDFW was not involved in any review of the subdivision since the agency was not aware of the presence of the bald eagle nest on the property. During the past eight years Dr. Paddock has sold Lots 1,2,6, and 7. A single-family residence has been constructed on Lot 1, approximately 770 feet from the tree containing Nest # 1. A small carriage house has been constructed fairly far back from the bank on Lot 2. A cabin and a detached garage are located on a small lot along the waterfront between Lots 4 and 5 of the subdivision. The Paddock family does not own this property. The lots currently owned by the Paddock family have been managed under a designated trust. A lot now proposed for development has been removed from the trust and is solely owned by Dr. Paddock. Dr. Paddock has recently submitted applications to the county for development on Lot #4 of the subdivision. During the process of trying to obtain a septic permit for the property, the new landowner was referred to the WDFW for consultation about a Bald Eagle Management Plan. The landowner was previously notified by WDFW that a management plan w . JUN 15 2UU't 1['"['"cc:oC(,\~1 t"nllf\lTV nr.n future development was proposed on any of the waterfront lots witlUn the subdivision. The tree containing bald eagle Nest #1 is actually located along the northern edge of Lot #6. Although a survey has not been conducted, the tree containing Nest #2 is also believed to be on Lot 6. The lot proposed for development consists of a dense stand of conifer trees in the western 1/2 of the property. The existing timber stand contains a mix of Douglas fir, grand fir, western hemlock, and western red cedar trees. A small component of red alder and maple trees are also present of the property. Most of the trees were removed from the eastern waterfront portion of all of the lots many years ago. The trees along and west of the 40-foot bank were aggressively cleared on the lots to allow for future building envelops and to improve water views. Although there are a few conifer trees remaining, hardwood trees are most common along the bank along the shoreline. A very significant perch tree is located on the adjacent Lot #3 to the north. Other trees located along the shoreline of the property owned by the Paddock Trust serve as perch trees for the local bald eagle pair. Other significant eagle habitat that exists on the property includes the minimal buffering habitat around the nest tree and all screening vegetation between the nest tree and any proposed home locations. The landowner is proposing to use the existing driveway that was installed on the property many years ago. This road is in good condition and requires no improvements. Dr. Paddock is proposing to construct a 3 bedroom single-family residence on the property. The one story home will be approximately 45 feet west of the top of the bank (Figure 4). A two car attached garage will be constructed as part of the 1767 square foot residential structure. A geo-technical report was conducted in order to help determine the appropriate building site. The area proposed for the homesite consists ofa grass pasture. No trees will need to be removed for construction of the home. One small Douglas fir tree is located along the south side of the building envelope. Alder trees located in the vicinity of the building site and along the bank are heavily invested with tent caterpillars and are in poor condition. The tree containing the closest bald eagle nest is approximately 300 feet south of the proposed building envelope. The documented snag perch tree is located northeast of the homesite. It is important to maintain some screening vegetation toward this tree. The septic system is proposed for installation west of the proposed home location. The primary and reserve drain fields are designated just west of the cleared area on the property (Figure 5). Two red alder trees and two< 7 inch diameter fir trees will need to be removed for installation of the primary drain field. The intent of this plan is to allow for the proposed development of the Paddock property while maintaining the long-term integrity of the documented Craven Rock Bald Eagle Territory. A concern of the WDFW is the protection of the buffering habitat around the nest tree, bald eagle perching habitat, and potential alternate nest trees which exist on the property. Previous land clearing may have removed valuable buffering habitat around the nest tree and known bald eagle perch trees or potential nest trees. The clearing could have also increased the risk of blow-down to the nest tree and adjacent significant habitat. Timing restrictions will be recommended to minimize disturbance during the bald eagle breeding and nesting season since an active bald eagle nest is documented within 800 feet of the proposed development project. The planting of conifer seedlings will insure replacement trees for habitat previously removed, along with providing supplemental buffering of the nest tree and future bald eagle habitat. ~>>' , ' <<. ~ f\!~i" ''"' ~, IU JUN 15 2004 JEFFERSON COUNTY OeD ~~w~ CONDITIONS JUN 15 2U04 The following conditions apply to protect bald eagles and their habitat: JEFFERSON COUNTY oeD 1) The proposal to construct a new 3-bedroom residence with an attached 2-car garage on the property, as shown on the site development plan, shall be allowed (Figure 4). 2) The proposal to install a septic system on the property, as shown on the septic design plan, shall be allowed (Figure 5). 3) No trees located' on the property shall not be damaged or removed. * Exceptions: a) The identified 5 inch diameter at breast height (dbh) and 6 inch (dbh) Douglas fir trees and the two 12 inch (dbh) alder trees located within the primary drain field may be removed. b) The selective limbing of the hardwood trees along the bank shall . be allowed to achieve water views. No more than 30% of the live crown ofa tree shall be removed. No limbing of the known perch tree located on Lot #3 shall be allowed. Any proposed vegetation clearing along the bank must comply with county regulations. c) Danger trees may be removed if trees are identified as hazardous by a professional forester or certified arborist. A written report from 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. 4) It is recommended that no heavy equipment operation, clearing, tree cutting, outside home construction, or burning shall occur during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. * Special note: The WDFW is no longer reQUirin2 timing restrictions but has requested that the landowner work cooperatively to minimize disturbance during the nesting season. An active nest has been documented within 400 feet of the project. The landowner shall provide WDFW with a tentative construction schedule. The landowner shall contact the WDFW with at least one week notice prior to initiating any tree cutting, heavy equipment work associated with site development, or installation of the septic system on the property. The WDFW may try and schedule ground observers to monitor the nesting status of the eagles. The WDFW requests that the landowner not initiate work during the sensitive egg incubation period from March 15 - April 30 of any given year. Another sensitive time of year is during the fledging period (July 1 - mid August). 5) The WDFW recommends there be no discharge offirearms, fireworks, or explosives on the property during the bald eagle breeding and nesting season from February 1 - August 15 of any gIven year. 6) A total of three dozen (36) live conifer tree seedlings shall be established on the property. The seedlings shall be: ~ fJ A mix of grand fir, Douglas fir, and western red cedar. ~\ Planted within one year of home completion. ~~:~ At least one ~ of the seedlings (18) shall be planted along the prope~-) line south and north property lines near the homesite in order to improve the screening toward the nest trees on Lot 6 and the perch tree on Lot 3. The other 18 seedlings may be planted in locations determined by the landowner. At least 2.0 age class. 7) No further subdivision of the property shall be allowed. 8) A new Bald Eagle 'Management Plan shall be required if any further tree cutting, clearing, or development are proposed on Lots 3-5 on the Paddock property. JUSTIFICATION The landowner was granted approval to construct a homesite near the shoreline bank and within 400 feet of a bald eagle nest tree due to the fact that the waterfront provides a more suitable building area. Some deciduous and conifer trees exist between the nest tree and the proposed building location. The nest tree is only visible from a few locations within the building site. The WDFW recognizes that there is an existing 2nd home closer to the new nest trees and that the Craven rock eagle pair may be more tolerant of human disturbance. The use of previously cleared areas on the property allows for the minimal removal of remaining eagle habitat. Timing restrictions are recommended for proposed development since Nest #1 is within 400 feet of the proposed homesite. The landowners will be planting conifer trees to mitigate for previous clearing, enhance the screening vegetation toward the nest tree, and provide future bald eagle habitat. 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 by a breeding pair of bald eagles for 5 consecutive years. If the breeding territory is unoccupied by a bald eagle pair for 5 consecutive years, then the WDFW biologist and the landowner should evaluate the continued ct ~ U':> T""l Z ;::) '''''''') o (..) Q ~ :z: :::> o o z o (/) cc uJ t.L. lL L. J need for protection of the bald eagle habitat. Ifan eagle does not show signs of incubating eggs by May 1, then the recommended 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 ofWDFW actions according to the Administrative Procedures Act, Chapter 34.05 RCW, and the Model Rules of Procedure, Chapter 1 0.08 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 77.15.130. However, compliance with this plan does not ensure compliance with the Endangered Species Act or other federal, state or local laws. 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. JUN 15 2004 JEFFERSON COUNTY OeD WASHINGTON STATE DEPARTMENT OF FISH and WILDLIFE Bald Eae:le Site Manae:ement Ae:reement 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: Craven Rock #675 Legal Description of proposed project: T30N, RIE, Section 21 The undersigned hereby agree to the tenus of the Bald Eagle Site Management Plan. ~ ,..~ <f: r::Jk~ 6-l?-ol Landowner (Signature) Date I)L~I<I~ l.~cI~ ~f Landowner (Print) b rJ-dbSf Phone Number ::<'09~ SJt4 Av~ Address ~C4./~) W~.~ City, State, Zip t, - /~ - 0 Lj. Date JUN 15 2004 JEFFERSON COUNTY DeD The State of Washington, Depa,rtment of Fish and Wildlife ~) Region :TE'tj ~ l^<';'o~" County :1- Priority '*'" Ne<i+ trees w(r-. '-/00 fee +. Inspected By Date " ...."-. ...'.......... .... ....................." " '" - -, - ' ----- \'/ " \ """ \ ',I \"" / , / \ '~// \~~~~ "'--- /// , - --- -J- /// ~ ....~...... /// --------.........' ...." /' ',\" / , I \ Port/Townsend \ \ , Po~r!t Hudson \ \ \'-_/ \ \ \ \\ \ \ , \ \. I ; I : I I I \ : I : I : I I I I I i~ I '~ ,);) \ :~ I I 'I \ : 'I I I \ \ \ I I I ... \ \ ~<i1 "Tllr'"' ~\'?' ~\a 'Z,S (') \ I o I I \ ' '" ---~~ -=----- -- - ---- --:::_--- ---- .....'-""y3 .a..c.1I\Ulla ',..'; tEFUGE I -r- .-- " \J / \~)\/ Contractors- Point "\~ ',! Port > Disa>verYO Y 'lJ ;iplip Point iET ! \IV 45' 1550 n FIGURE 1. The location of the Craven Rock Bald Eagle Nesting Territory Jefferson County LA.KE HI TARGET < La$~i~~ t", v Bush Poil \ \ , ~---- E rn -n g;} en <:) z ("") o c: z ~ o C> ~=l (,... c:: z """"" ~ ~ c::::t ~ ~ .. REGION 6 JEFFERSON COUNTY AMENT DELORl\llE ATLAS PG 94 03 USGS QUAD 4812216 NORDLAND CRAVEN ROCK BALD EAGLE TERRITORY (OCCURRENCE 675) OTHER SITes (IF PRESENT) SHOWN FOR REFERENCE. SEE REVERSE FOR AVAILABLE HlSlORY. COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD MAP AND REPORT INCONSISTENCIES 524000 E 1 I I'. " 6325000 N 6324000 N ..- MAP SCALE 1:12,000 MAP PROJECTION: STATE PLANE SOUTH DATUM: NAD27 CONUS TICS: UTM ZONE 10T WHEN ADDING NEW LOCATIONS OR CORRECTING OLD LOCATIONS, PLEASE MARKlO SCALEl I~-I IF YOU ARE USING A GPS UNIT WITH THIS MAP, SET THE DATUM TO NAD27 CONUS SOUD UNE SHOWS PHS HABITAT POLYGON. 675-1 CRAVEN ROCK LAST OCCUPIED: 20010416 48 04' 12" 122 41' 08" T30N Ro1E 521 BALD EAGLE NEST NORTH END OF SCHWARTZ RD, MARROWSTONE ISLAND. NEST TREE IS A SU AMENTIBRENNAN OCCPRODOMINANT GRAND AR TREE 200 FT FROM THE SHOREUNE. NEST IS LOCATED NEAR THE TOP UTM 523421 E 5324208 N OF THE TREE. ' ~ JUN 1 ~ LUiJ1 JEFFERSON COUNTY oeD ",,,,:,,.c- FIGURE 2. The location ofthe Craven Rock bald eagle nest trees. FIGURE 3. The location of the Paddock property within the Craven Rock Bald Eagle showing the subdivided lots, Lot 4 proposed for development, and the bald eagle nest trees. < o ; . '0. S' 8, ~ i !j .-' ,l\. 8] U,.li i 1.1 ::. Q. ~ l~ ;, . 1, -' !i IUll"lie ...... ~e'~=~l~ UJ-..;i2Ci . J :: ~D:,~~~:' .I'.~ : ....~ ,. I') ()~~ I ...J~ !! ..J.~ I '> W. ,... <3 ~ ~ +1 , - 0 I o :/"') U ' I-.z 0 I ~g~8! g~...= Q,o " ~ .l: g~~..... . 0 I Z <<1(.) o III ~ \ I C~ \ :,,1 "I5'70'"lcl ,1__.0.... .oz__ . ...-; .- ~--~------ PADDOCK PROPERTY -fi.1lii1,;",'. --~ Lot 4 - Proposed for development =~ ~- U~~ ~:i ! ~ PUGET SOUND NEST TREE #1 NEST TREE #2 approximate\ location J .. 111 I' I') _ .... . e.... .s~ Cl i ~:S i .J. J::. >LJ~;O> C\l8;i..: g +l - 0 . o :C'>lgu I 1-.2: 0 O~~;i~q I' ..J ~~ C L() ~....5:s I nNfrJ ~~~~ : ~ L() 01 o ~~ ~ . IJ .5] (/:' lJ~ f:l: ~5 ;j~ r\ J&1:fi 8 rt tt).... '. 6 [1 ..... c:G;o.~ C+I ' .... 0 q'L 0 i I :0) g (j .s :.... g &. !! u ;. : : 1-~i5:i.~ t- .3::% .....~~ i ,0<<1'1 3:~ O~i1 3::50 ~-: " .J""I-' :S ClL() ..J 81--'- :5 Cl OIID ~ 9. ~... :5 '" ... N ~ ~~~~ ~ ~~ - ~ [ \ I \ e \ .<jr' I () '<;0- _.0&9'L9t- L.L t:I Y N. H o.s---- {j.&tH) ''JOIJ,., .~~o -DlJ. ~. \'\ '<..~ '-r "'- \' lQ ') ?5 .O,(,L9~ Gyutf c (. , c1; ... E ~ ... ~ ( .-t C. :z :; ( :; ( -., .:; JUN 15 2004 JEFFERSON COUNn' DeD 11'l, ~WCI\ . .J o ~ .......- \]'I l- o -.J os' p", c>.cJo<..K P-e:> p",(~G.\ 4-\- OL\-~IS-OO,\ See:. 'Z.. \ lu""" >0 \<''''1'' J 'E Co."f 301-1118 J." '" 10' / > 'iJ7' ,-__.__J" ~ ; '" \.!1 ).. . ) \l ) ~ ~!l~~Gl;;L(i(1J1;1 y... l?~ ~~,__ /i---"", , i r j- () :J --J~ 01 ~ <$ " :", ./' .f' " ." O'? ~ " '> <S J!. o Ill.. i I I -, I I I , I I ! I i I ! I I I I- I a- Ir-- IN I-~ I / I I I I I I I f....:... ~t' 731 1'1'41' IO?~._/OOI ,___.-"..-jrrf--- ,--' Ljo' ()/uFF p,,,pO?~J Hou5C-- /17~ f ~ FIGURE 4. The proposed site development plan for the Paddock property. \l J , \~ ''f "-...... <2' /0\' ~/--;~O~c. \ ~'^<- '~" ~ !''''-~ ~ <'-l ~ :2 ....___1 _~~J " C=. ('II l- () --.J .... ~ .... .... '" ~ ~ ... -:: .... ,. -..-----. .. ,I ~ ~ ~ f(: :3 :?: u l/l E- /:<79 I _) -P~PDSE() 1I.F: ~ j ";;;:;..., ,.u~ - \ 1100' \ llU6t nt-ff7Ur, TJ&-VELJ-/tJ.-1 r 83'=- .;190' -- SOUr. .~ Vlc.t /oJ L 1'1 )..{lQP ryw l' ~ /00 7 ~ ---?I \ :t4- Dr<Ji I rv f1 taD ~KeO ~ 5/t 7/0'1 ("SEE: 1J€11;1(.) Cl.E:f1eeO 6fa4SS'1 1feE.t:1 'Pl>JSI &l.E 'BU>G .5'~ '-- -oK.I U eWIl '1 ItJ o teA ~J 'fblM-ert '--- " /1 '5/ L f..IOt.E5 ftfJUE (0'" UJ 1/ OF US'Aar:.e S-OtL lVOQiJt;D ~ JUN 15 2004 JEFFERSON COUNTY oeD I' H IV 1 A rw 1-\ I tf 2004 I N ~ I I , V'/ UFLAND PIi DT:xJCc 5CACE /~ 5o~ P~eC~L #O~-tI5-001 1J~% I ~ NEe 13 vI S€P17G SEf0S"E FIGURE 5. The proposed location of the septic system on the Paddock property.