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HomeMy WebLinkAbout413272005 Eagle Mgmt Plan -' ~ EAGLE TERRITORY: Ashenbrenner #1177 RECEIVED MAR " $ 21JU6 JEffERSuN CDll~~~ UtI;! AppHcant Calvin and Maureen Knight 5230 West Mercer Way Mercer Island, W A 98040 Property Tax Parcel #413272005, Lot 2, Niichel Short Plat, Section 27, Township 24 North, Range 13 West, W.M., Jefferson Cowrty, WA Pendinll Aetivitv Residential development - installation of a septic system and construction of a single-fumiIy residence with a detached one car garage. FACTORS CONSIDERED I) Landowners goals were considered through a review of a proposed site development. The landowners were notified by permit staff at the cowrty that a Bald Eagle Management Plan would be required for the property. A few phone conversations were conducted with the landowners to review the proposed development and discuss Bald Eagle habitat in the vicinity of the proposed project. 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 of the population and scientific Iiteratme concerning Bald Eagle habitat protection. The landowners validated the location of the nest tree on a nearby parcel and measured the distance from the nest tree to the subject property and the distance to the proposed development site. The landowners also submitted photographs the nest tree and the development site. BACKGROUND The Ashenbrenner Bald Eagle Nesting Territory is located in the southwest corner of Jefferson County, approximately 3 nilles south of Kalaloch within Olympic National Park (Figure 1). The territory is located along the Pacific coastline, just north of the mouth of the Queets River. The Washington Department ofFish and Wildlife (WDFW) has been monitoring this territory since 1997. A total of two nest trees have been documented in the territory (Figure 2). Nest tree #1 was located during an aerial survey conducted along the Olympic National Park coastal strip in April of 1997. The nest is located within Olympic National Park. approximately .6 miles east of the Ashenbrenner Picnic Area (Figure 2). The nest tree is a live dol11i......t spruce tree with a broken top. The nest is located approximately 10 feet down from the top. No nesting activity ~ was observed at this nest during the 1997 season but one young eaglet was produced at the nest during the 1998 nesting season, The nesting status, for 1999 is unknown since no surveys were conducted that season. Eagle activity was observe41 at this Nest #1 during the 2000 and 2001 aerial surveys but the number of young produced a~ the nest is unknown. This nest was observed as empty and unrepaired during the aerial survey cqnducted on April 23, 2002. During this survey a new Nest #2 was documented within the t\mitory. This nest tree is located approximately .8 miles southwest of the tree contaihing Nest #1 (Figure 2). This nest tree is located on privately owned property located apprmtimately 2000 feet south of the southern boundary of Olympic National Park. The tall, do spruce tree containing the nest is located 35 feet west of Highway 101. The easily viSIble ne is located approximately 35 feet down from the top on the southeast side of the bole of the tree. During the aerial survey conducted by WDFW in 2002, one adult eagle was observed in t nest and another adult eagle was perched nearby. The WDFW conducted another aerial surv y in June of2002 and confirmed that no young were produced at the nest during the season. No aerial surveys of Olympic National Park were conducted during the 2003 or 2004 nesting sejlsons so the nesting status for these years is unknown. An aerial survey of the territory was conUucted by WDFW on April 22, 2005, During this survey, an adult eagle was observed in incubatiJn posture on Nest #1. The Nest #2 was observed to be empty and unrepaired. No producti~ty surveys were conducted so the number of young produced at Nest #1 last season is unknown. It should be noted that the distance betwe$ Nest #1 and Nest #2 within the territory is fairly su~antial. There is some speculation that there may be two separate eagle pairs in the area. The FW will divide the site into two separate territories in the future if further monitoring co that two eagle pairs are present. Calvin and Maureen Knight own a parcel ofprope Within the documented Ashenbrenner Bald Eagle Territory (Figure 3). They purchased the sub ect parcel in September of2004. The parcel is located South of Olympic National Park and No of the Queets River on State Highway 101. The parcel occupies an area of Ocean Bluffand is proximately 95 ft by 550 ft. The site is relatively flat from Highway 101 to the edge of the luff (approximately 450 feet). The vertical distance from the top of the bluff to the hase of the luff is approximately 54 ft. The section of the property closest to Highway 101 contains sev tall conifers and some established alder trees. The area of the building site fur the proposed ouse contains no large trees and was previously cleared. The bluflS angle of repose is a ut 35 degrees, and is heavily vegetated with brush, small conifers, small deciduous trees (mostly der) and Salal. The distance from the edge of the bluff to the driftwood below is approximately 150 feet. There are many beach logs at the toe of the bluff. When the Knight's purchased the p operty in 2004, existing Improvements included a driveway (D.O.T. Access Permit granted 1984) and a cleared home site. The Knight's obtained a Geotechnical Report for the proE;:. in June of 200,4 , prior to purchasing the parcel The goo-technical engineers determined that e site is suitable for the development of a single fumily residence, and recommended a 60 fuot . . . um setback from the edge of the bluff. The Knight's also obtained a wetland consultants report. The report indicated that wetlands were not a limiting fuctor fur the proposed building site. The property is bounded by undeveloped residential property to the North and to the South. There is a heavily vegetated ravine on the property to the North. The ravine contains a small seasonal stream. The property to the South is relativfly flat from Highway 101 to the edge of the bluff and contains a significant number of tall conifers as well as alder and brush. A building site has been cleared on the property to the South, although it appears that no activity has taken place at that site for a number of years, The landowners submitted a land use and building permit application to Jefferson County late in 2005, and were referred to WDFW in February of2oo6 for consultation about a Bald Eagle Management Plan. Proposed development of the site includes a one story single-fiunily residence with no basement (to be sited 65 reet from the edge of the blufi), a septic system to be sited East of the house, and a detached single car garage to be sited between Highway 101 and the house (Figure 4). The distance from the West side of the proposed house to the West edge of the driftwood at the toe of the bluff exceeds 200 ft. The proposed house site was graded in 2005 and the foundation excavation was completed (based on permits that were in effect at that time). Clearing and grading in 2005 consisted of brush removal and the removal of small growth Alder. No large conifers were removed. A documented Bald Eagle nest tree exists to the South of the Knight's property. The tree is on parcel # 951000209 or 951000210 (three or four parcels to the South). The tree appears to be on or near the lot line of these two parcels. There is an existing, occupied home on parcel #951000210 very close to the base of the nest tree. The top of the nest tree and the nest are visible from most of the Knight's proposed house site. The distance from the nest tree to the nearest edge of the house construction site is approximately 480ft (Figure 5). This distance is vegetated with brush, conifers and deciduous trees (mostly of less height than the nest tree). The nest is not visible from the site of the Knight's proposed garage or from most of the site fur the proposed septic system. The proposed house is of modular design, and will be built off site (in Auburn, W A). The house will then be moved to the site (three modules of approximately 16 ft. by 61 ft.) and set on a concrete fuundation. The roofwill be completed on site. The modular,off-site constrnction method will significantly reduce noise and site disturbance (as compared to typical on-site construction). Time required to install the house modules and complete the roofis expected to be about two weeks and is expected to take place in July or August of2006. The concrete foundation will be constructed at the site in advance of the modules being delivered. The garage will be built on-site. The garage site is not visible from the nest tree, and is shielded from the nest tree by an area of approximately 430 ft. (containing many large trees). The septic system and final grading of the site will be completed after the house is set on the foundation. No trees will be removed from the site (with the exception of situations noted below). Some limbing of trees, removal dead tree stumps and removal of brush will be required along the existing driveway to accorrniIodate transpOrting of the house modules (16 ft. high and 16 ft. wide) to the site. The intent of this plan is to allow for the proposed development of the Knight property whi1e maintaining the long-term integrity of the documented Ashenbrenner Bald Eagle Territory. A concern of the WDFW is the protection of the buffering habitat around the nest tree to the South, Bald Eagle perching habitat, and potential ahernate nest trees. Previous land clearing in the area (including clear cuts to the East) may have removed valuable biJ.ffering habitat around the nest tree and known bald eagle perch trees or potential nest trees. Timing restrictions will be recommended to minimize disturbance during the bald eagle breeding and nesting season only if an active bald eagle nest is documented within 800 feet of the proposed development project. The planting of conifur seedlings will insure replacement trees for habitat previously removed in the vicinity, along with providing supplemental buffering of the nest tree and future bald eagle habitat. The landowners have exhibited a desire to rotect the local eagle pair and the remaining bald eagle habitat that is located on their property. CONDITIONS i Tbe following conditions apply to protect bald gles and tbeir babitat: I) The proposal to install a septic system on the pr perty, as shown on the site development plan, shall be allowed (Figure 4). 2) The proposal to construct a new one story singl 1iunily residence and garage on the property, as shown on the site development plan, shall be allo ed (Figure 4). a) The selective Iimbing of trees an removal of stumps along the existing driveway will be permitted to fu ilitate transporting of the pre-coustructed house modules (approximately I feet high and 16 feet wide) onto the site. 3) No trees located on the property shall not be * Exceptions: b) The selective removal of deciduo trees and the Iimbing of conifur trees shaU be allowed to achieve water vie s. No more than 30% of the live crown of~ conifer tree shall be removed. landowner and WDFW shall meet on site' if the landowner proposes to re ve any conifers larger than 10 inch diameter at breast height located within 2 0 feet of the shoreline. es are identified as hazardous by a horist. A written report from the to the WDFW before approval to remove that presents imminent danger to the safety ved without a report. c) Danger trees may be removed if professional forester or certified forester/arhorist must be su . the hazard trees is granted. A tre or property of individuals may be 4) It is recommended that no heavy equipment 0 tion, clearing, tree cutting, outside home installation/construction, or burning shall occur durinj:: the bald eagle breeding and nesting season from February I - August 15 of any given year. TUnipg restrictions shall not be required for a given year ifit may be determined that the eagle pair ke not actively nesting at the nest or within 800 feet of the property. If an eagle does not show signs of incubating eggs by May I, then the recommended timing restrictions do not apply for that year. Surveys to determine nesting status must be conducted by a qualified biologist. The WDW 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 I . mid August). * Special Note: The WDFW is no longer reouirinl! timing restrictions but has requested that the Iandowuer work cooperatively to minimize disturbance during the nesting season. The landowner shall contact WDFW if any heavy equipment work, home installation, or outside construction activities are proposed during the bald eagle breeding and nesting season. The landowner and WDFW shall develop a plan to minimize disturbance and potential impacts to the eagles. 5) The wDFW reeommends there be 110 discharge of firearms, fireworks, or explosives on the property during the bald eagle breeding and nesting season from February I - August 15 of any given year. 6) A total of one dozen (16) live conifer tree seedlings shall be established on the property. The seedlings shall be: At least 2.0 age class. A mix ofSika spruce and western red cedar. Planted within one year of home completion. Planted in areas that shall be determined by the landowner and do oot violate the defined view covenants of the property. ..... . 7) No further subdivision of the property shall be allowed. JUSTIFICATION The Iandowuers were granted approval to develop their property since WDFW must allow reasonable use. The use of previously cleared areas on the property allows fur the minimal removal of remaining significant eagle habitat. The landowners will not be removing large trees from the site. The WDFW recognizes that there is an existing house near the base of the nest tree and that the eagle pair may be more tolerant of human disturbance. The WDFW recognizes that the modular construction plan fur the proposed house will ...;..;".i7e the period of construction disturbance at the site (as compared to typical on-site construction). No other construction is planned for adjacent parcels ofland during the proposed construction period fur the Knight house. The landowners intend to use the house as a vacation home, thereby creating limited ongoing traffic and human activity at the site. The WDFW will work with the landowners to allow water views. The landowners will be plantit1g conifer trees to improve the bald eagle habitat. The WDFW recognizes that the dry building season in the area of the proposed project is limited and that the construction of a house must be largely completed by mid September of any given year. Unfortunately, the dry construction season overlaps with the February 1 to August 15 bald eagle breeding and nesting period. The Knigh~ will endeavor to schedule construction activities later during the season (instead of earlier) to the extent that construction activities can reasonably be expected to conclude before mid September. DURATION OF PROTECTION , This plan applies to the landowner who signs the plL. If the ownership changes, the new landowner may sign the plan or request a new one ~.reflect a change in land use. ! Since eagles return to the same traditional use areasleach year, the conditions of this plan shaII apply indefinitely unless a breeding territory has be unoccupied by a breeding pair ofbald eagles for 5 consecutive years. If the breeding territory is occupied by a bald eagle pair for 5 consecutive years, then the WDFW biologist and th landowner should evaluate the continued need for protection of the bald eagle habitat. If an eagle does not show signs of incubating eggs May I, then the reconunended timing restrictions do not apply fur that year. Surveys sha be done by a qualified wildlife biologist. Please contact the WDFW if the eagles change the I cation of their nest. Do not assume that the conditions of this plan no longer apply. i REVIEW AND AMENDMENT This plan will be sui:!ject to the following review and amendment procedures. The plan may be reviewed periodically by the Washington Departm ofFish and WIldlifu (WDFW) to determine whether: I) the plan requires amendment in respo to changing eagle and landowner circumstances; or, 2) the terms of the plan comply 'th applicable laws and regulations; or, 3) the parties to the plan are complying with its terms. i APPEAL PROCEDURE In addition to the provisions ofW AC 232-12-292(7. )-(7.3), the landowner may request a formal appeal ofWDFW actions according to the A ive Procedures Act, Chapter 34.05 RCW, and the Model Rules of Procedure, Chapter 10.08 C. Such a request shall be filed with the Department within 20 days of receipt of the conteste WDFW decision. The appeal request shall clearly state the relief sought and the grounds fur the appeal. COMPLIANCE Failure to comply with this plan constitutes a misdeIIieanor as set forth in RCW 77.15.130. However, compliance with this plan does not ensure l:ompliance with the Endangered Species Act or other federal, state or local laws. I This plan applies only to the proposed land use listed I above. Any other proposals may be subject to a different set of conditions. It is the landowner's 1-esponsibility to notifY the Washington WASHINGTON STATE DEPART~ENT OF FISH and WILDLIFE Bald Eae:le Site Manalj:ement Ae:reement On behalf of the people of the State of Washing on, to which its wildlife belongs, the following agreement is hereby enacted for the p rpose of protecting Bald eagles and their habitats. The Landowners and Washington State Depart ent ofFish and Wildlife agree to the conservation measures described in the attach Site Managemeut Plan. Site Name: Ashenbrenner #1177 Legal Description of proposed project: Lot 2, Ni chel Short Plat, Section 27, Township 24, Range 13 West, W.M., Jefferson County The undersigned hereby agree to the tenus of th Bald Eagle Site Management Plan. Date "2..9'-t.:~'- 303<t Phoue Number l)~/v"" K)<1JI'r~r 2)/h~ tJ.,J1 bHT Landowner (print) 54. '"&0 It/.el JIf'f!n:'f:" lV4..y Address . Ji1'€lI'"e~1/' tskH~ 1VA-1q,{)I/.O City, State, Zip The State of Was bing ton, Department ofFish a d Wildlife ',~ ;/:~ oKegronal Program Manager .R~~ ~.ltT ~.~-ll(, WildIifi iologist Date ~~ Priority -;;/ z/ab , I Date ,t, Region ili:ff~ I'~O~ County '* N~s+ trH. o~ {~e.. Inspected By \oca+ecl W;{h:!h LJ.oo f~e..t fr-orel'{~' . Date v ON 1IIr,;r'~'~" " c C') I'T\ N *~E w.~~ S bo '\ C'~ ~ / ./ /:;; ~' / 't' : J.'}: . . t ~\ I ~\ " --_.....- \ " \J '", '\10 ,<, <..(1' l.:i,; , , I :.. '\ : ':".- ,,' \ . , / , ,.Uhote -"'--. ~-..... ... -,13\ ,0 t~~ '. ............... --'" KolOloch ROc.ks '. ~ ~ FIGURE 1. The location or the Ashenbrenner Bald Eagle Nesting Territory Clallam Couaty USGS QUAD 4712463 OUEEJ'S.. ASCHENBRENNER BALD EAGLE TERRITORY (OCCURRENCE 11771. , OTHER SITES UF PIlESENTlllHOWN FOR REFEREljcE. SEE REVERSE FOR AVAlLA8LE HIS1llRY, COMPARE THIS MAP TO YOUR PERSONAUREGION~L FIELD MAP AND REPORT INCONSISTENCIES o I I I I , ....--+ ' - I ! I > ,J, '.','. --,,'~,'."""','.', :.....,.:-':<:~ I I r 'i3 2000 I 1177-1 ASCHENIlAENNER lASTOCCUPI8l:~ 4734' 04- 1242(164"' 1177-2 I\SCIENlFIEtN;R lASTOCCIJPlBl:~ 4733'27" 12421' 21' FIGURE 2. 1;270000 N 5287000 N MAP SCALE 1:24,000 DATUM: NAD27 CONUS TICS: UTM ZONE lOT FYOU ARE USING A OPS UNIT H nus MAP, SET' THE DATUUTO NAD27 CONUS 124NRl3WS22 AMENT, S, 0CCf'A0D su 11T113ll8677 E 62&8.113 N ~ l1Rf 397995 E 5267785 N IlAI.D EAGLE~O FT FROM TOP OFnE BROKEN BOlE OF A FUll, ROUND-TOPPED UVE SPRUCE. 1flEE IS TIMBER STAND 1NlJ\ND FROM SOUTH BEACH CMlPGAClUNO, SOUTH OF DIRT ROAD. IlAI.D .. UVE RILl TOP CONIFER TREE IN SMAlL CROUP OF 3 _~Ys. , DRIVEWAY. TREE ISW. OF tfN'( 101, CLOSER TO ffN'(~BEACH. PESTIS l)()'II,N 35 ON SE SIDE OF BOlE, .,!>... '" ........ .rth, 1'~'~ bald ~g. .n''''''. "'" '''I z"3:1 "-. N '<t '" ~ N~ :>U!l..W :>w3:<..? ZVlt-O::: c' '<:.-: 70'? i:> ~ f ~ . l:l ;; '" '" g ~ _t'\IOO'i.... ~~~gci ,..,..,....1- ~::t:;r~= ~..u:2 ~ ~ ~~jga ""b ~~~~. o .,;.8:! 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