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HomeMy WebLinkAbout701253005 Eagle Mgmt Plan (0003) .~ WASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY: Thorndyke South #1103 Applicant. Landowner Jon R. Smaker & Kim V ogley P.O. Box 971 Reno, NV 89504 (925) 963-mO krvnwj@earthlink.net PrQperty Tax Parcel #701253005 Township 27 North, Range 1 West, Section 25 6655 Thorndyke Road Jefferson County Pendin~ Acttvi~ Residential development. Installation of a driveway and septic system. Construction of a single-family residence with detached garage. Construction of a shop/garage with attached carport. Construction of an access route to the beach. Factors Considered 1) Landowners' goals were considered through a review of a site development plan. The landowners had contacted WDFW prior to buying the property since they had been advised that a Bald Eagle Management Plan might be required for the property. Prior to their purchase, several phone conversations were conducted with the landowners to discuss the proposed development. A site visit was conducted on the property on May 26, 2006 to survey the site and review the proposed development with Smaker & Vogley, their realtor, Karen Best, and the immediate neighbor to the north, Audrey Hanson. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, potential for blow down, current status of the population and scientific literature concerning bald eagle habitat protection. BaclqvonM The Thorndyke South Bald Eagle Territory is located in Jefferson County, approximately 20 miles south of Port Townsend (Figure 1). The territory is located on the east side of the Toandos Peninsula, at the south edge of Thorndyke Bay, on the Hood Canal. Large tracts of land in this area are commercially logged and shoreline parcels have been developed into residential occupancies. The Washington Department of Fish and Wildlife (WDFW) has been monitoring this territory for several years. A bald eagle nest was located in a live grand fir tree along the shoreline in 1996. This tree is located on the southeast comer of the parcel (tax parcel #701253005) purchased by Smaker & V ogley. The nest tree is approximately 100 feet tall with a broken top. The nest is mostly blown out. What remains is approximately 3 feet from the top of the tree. The tree is on the immediate edge of the 5O-foot bluff. The bank below the tree is undercut. It is not possible to stand on the waterside of the tree. The tree has a slight lean toward the water. The nest tree was not occupied at the time of our visit on May 26, 2006. The last recorded nesting occupation was in 2002 and before that in 2001. There was no nesting occupation from 1996 through 2000. During the site visit in May 2006 a new active nest tree was discovered approximately 2000 feet to the north of the the SmakerN ogley parcel. A nesting bald eagle was observed sitting on the new nest, in the very top of a grand fir with a broken top. Conversations with the neighbor, Audrey Hanson (a commercial oyster fanner), revealed that bald eagles have been common in the area for some time and seem to be acclimated to human activity. She stated it was not uncommon to see eagles foraging on the beach while workers were harvesting oysters and clams nearby. She stated her dogs could get within 50 feet of foraging eagles. Smaker & V ogley purchased the parcel in question subsequent to our May 2006 site visit. They purchased the property with the intention of developing a home site. The 5-acre parcel of property is within the Thorndyke South Bald Eagle Territory. The property contains approximately 230 feet of medium bank waterfront above the Hood Canal. The property is currently undeveloped. Smaker & Vogley had the property surveyed in June 2006 and confirmed the specific location of the inactive nest tree. The property is located approximately 6.6 miles south of the intersection of South Point Road and Thorndyke Road. The parcel is undeveloped and heavily wooded. Itslopes gently down towards the east where it meets the Hood Canal. The property was logged long ago. Dozens of large tree stumps, to 8ft. in diameter, remain. Primary species of existing trees are alder, big leaf maple, cedar, Douglas fir, hemlock and grand fir. The . understory is thick with various species of ferns, snags, large downed logs, vine maple, salal and various species of berries. Directly north of the property is a large tract owned by Pope & Talbot, a commercial logging company. It contains a single-family residence wI several outbuildings and over a dozen non,,:,operational vehicles. The residence sits within 400 feet of the inactive nest tree, near the bank edge and very close to the Smaker & V ogley property line. Directly south of the Smaker & V ogley property is a one-acre parcel. Continuing south are several dozen parcels along the waterfront, most with homes, varying in size from one to ten acres. There is a residential structure to the south, approximately 150 ft. from the nest tree. Directly west across Thorndyke Road is the same large tract that borders on the north. It was clear-cut logged approximately 5 years ago. The landowners have initiated plans for development of the property. Smaker & V ogley have subniitted an application to Jefferson County for a road approach pennit and a septic permit. They have agreed to site the septic system to the extreme west end of the pl'Operty, as far away from the nest tree as possible, outside of the 800 ft. line. The septic design engineer has developed a septic system at that location to accommodate 5 bedrooms. 2 The landowners are proposing to install a new driveway, entering the property off of Thorndyke, along the southern boundary and traversing to the northern boundary approximately mid-parcel and continuing east. Smaker & V ogley have hired a Licensed Engineering Geologist who completed a Geological Assessment Report (see attached Geology Hazard Evaluation, Shoreline Bluff Report by Stratum Group). The report concluded that a 4O-foot setback from the bank, for a residential dwelling, was acceptable for the parcel. The landowners are proposing a beach access route down the draw formed by the seep identified in the Geological Assessment Report. This location is the only logical beach access route without requiring the construction of invasive access structures. Development sites are being proposed for the parcel. One, approximately 400 ft from the nest tree, to contain a shop and RV barn. Another, within the 400 ft. line, on the north side of the property, to contain the house and detached garage with guest quarters. The home will be built at the 40 ft setback line. Potential site development locations west of the proposed building sites are unsuitable because of slope and soil conditions. Mostly hardwood trees will need to be removed within the proposed driveway and development sites. Smaker & V ogley have attempted to minimize the number of mature trees, particularly conifers, which will be impacted by their development. As per my recommendation, they have consulted a professional forester to advise them. They have selected natural clearings to locate the proposed buildings. Moving the buildings sites would impact more large mature conifers. Saving any particular tree would result in loosing others. TheWDFW has recognized that significant eagle habitat exists on the Smaker & V ogley property. The intent of this plan is to allow for the proposed development of the Smaker & Vogley property while maintaining the long-term integrity of the documented Thorndyke South Bald Eagle Territory. The landowners have exhibited sensitivity for the site and have expressed a strong desire to protect the remaining bald eagle habitat that is located on the property. While a concern of the WDFW is the protection of the nest tree and the surrounding buffering habitat, it is acknowledged that the condition and location of the nest tree on the bank make it a candidate for blow-down in the near future. Conditions The following conditions apply to protect bald eagles and their habitat: 1) The grand fir tree located on the property, that is documented to have been used as a nest tree, shall not be cut down, damaged, or destroyed. 2) The landowner agrees to assume any and all risks resulting from the presence of proposing development near the bald eagle nest tree and will not seek authorization to remove the tree. 3) The proposal to install a driveway and septic system on the property, as shown on the site development plan, shall be allowed (figure 4). . 1 4) The proposal to construct a shop/RV barn and single-family residence with a detached garage wI guest quarters on the property, as shown on the site development plan, shall be allowed (figure 4). 5) The proposed beach access route, as shown on the site development plan, shall be allowed (figure 4). 6) The proposal to remove understory vegetation and trees within the areas proposed for development (as shown on the site plan) shall be allowed. Additional trees shown outside the development areas are to be removed due to posing a real hazard to life and structures. Removal of conifer trees shall be kept to an absolute minimum, to achieve the goals of this plan and allow for development of the property. All cutting and clearing shall be in compliance with Jefferson County regulations. 7) The selective trimming of understory vegetation and the selective Iimbing of trees (as shown on the site plan) shall be allowed to achieve and maintain water views and solar access in the future. No more than 30% of the live crown of a conifer tree shall be removed. 8) Danger trees may be removed if trees are identified as hazardous by a professional forester, certified arborist, or licensed landscape architect. A written report must be submitted to tJle WDFW before approval to remove the hazard trees is granted. A t~e that presents imminent danger to the safety or property of individuals may be removed without a report. 9) The WDFW recommends no discharge of firearms, fireworks or explosives during the bald eagle breeding and nesting season from Februaryl to August 1. 10) 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. Timing recommendations shall not apply fQr a given year if it may be determined that the eagle pair are 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 1, then the recommended timing restrictions do not apply for that year. · Special note: The WDFW is no longer requiring timing restrictions but has requested that the new landowner work cooperatively to minimize disturbance during the nesting season. When there is activity at the nest site, the landowner should contact WDFW if any heavy equipment work 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 impacts to the eagles. Justification The landowner is granted approval to develop within 400 feet of the identified bald eagle nest tree due to the fact that the tree is located on the Smaker & Vogley property. The WDFW recognizes that the landowner be granted reasonable use of the property. Furthermore, the WDFW recognizes that the value of this waterfront property would be 4 significantly decreased if the landowner were required to construct a home away from the waterfront. The WDFW has worked closely with the landowners to develop a site plan that will minimize the impacts of proposed development. The proximity of residential dwellings, the proximity of commercial beach harvesting and the presence of domestic dogs on the beach indicate that the human tolerance level of the Thorndyke South bald eagles is high. The subject nest tree is not believed to have a long future and an alternative nest tree has been established in the area. The landowners have made a diligent effort to minimize tree removal on the property and to also minimize site disturbance from excessive grading. 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 conditions or 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. Please contact the WDFW if the habitat conditions change. 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 by the WDFW to determine whether: 1) the plan requires amendment in response to changing eagle or 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 land owner 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 to.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 any federal, state, or local laws. This plan applies only to the proposed land use listed above. Any other proposal may be subject to a different set of conditions. It is the landowners'" responsibility to notify the WDPW of any new proposed land use activities. Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department of Fish and Wildlife, P.O. Box 1933, Sequim, WA. 98382. (360) 681-4276. . h . . . . ~a&le Sit~ Mana,ement Aareement On behalf of the people of the State of Washington, to which its wildlife belongs, the following agreement is 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 atq.ched Site Management Plan. Site Name: Thorndyke South #1103 Legal Description of proposed project: SWl/4 See 25 TWP 27N RGE 1 W Jefferson County APN 701253005 The undersigned hereby agree to the terms of the Bald Eagle Site Man Z tPla . im V ogley (925) 963-9921 . P.O. Box 971 Reno, NV 89504 on R. Smaker (925) 963-9920 . P.O. Box 971 Reno, NV 89504 The State of Washington, Department of Fish and Wildlife :/ J;)r egional Program Manager Date ~ Wildlife Biologist Date Region County Priority Inspected by Date 7 ! Exhibit 1. The location of the documented Thorndyke South Bald Eagle Nesting Territory, Jefferson County. Exhibit 2. The location of the documented nest tree within the Thorndyke South Bald Eagle Nesting Territory. Exhibit 3. The property owned by Smaker & V ogley within the Thorndyke South Bald Eagle Nesting Territory. Exhibit 4. The proposed site development plan for the Smaker & Vogley property. Exhibit S. Geology Hazard Evaluation, Shoreline Bluff Report by Stratum Group, 6/19/06 R .r 'c . on .;, .... en PllftdR'" ";'-"-"-"--"---"-"-'-"~'---'6U-~HOI+j,.._._--,. --"_' ~ ii~~~ i ~.~~~j s ji>i CD. I,L. ~i ~ I~ Ul J f I! ~ol! j "'~. "'=<l\ :>. J~~; J leiS -~ > ..~Je ~ In C! In I . i f i ~- J . ~ 1 NNc ~ I..... I. r-<(\oJ"'::::!: r-\oJ . 0 j I t ~ N ~ o '" - 8 - o '" --~ Z8 ·