HomeMy WebLinkAboutBLD1993-00762 Eagle Mgmnt Sa
rLFT SMITCH <' "
Director y
wyy
STATE OF WASHINGTON
DEPARTMENT OF WILDLIFE
48 B Devonshire Road, Montesano, WA 98563 Tel . (206) 249-6522
BALD EAGLE SITE MANAGEMENT PLAN
RCW 77.12.655
WAC 232-12-292
EAGLE TERRITORY: Tala Point # 689
Applicant Property
D.R. Andrews Tala Point Lot #1
P.O. Box 65177 T28N, R1E, Section 10
Port Ludlow, WA 98365 Jefferson County
Pending
Residential development.
BACKGROUND
Mr. Andrews owns the above lot which is approximately 1400 '
southeast of the newly established eagle nest within the Tala
Point eagle territory. The eagle pair had
mile south of Mr. AndrewsPreviously nested 1/2
property.
at
alteration in this area mayhavecausedgtheipaair r to seeknesting site . The county was notified of the new nest sitenew in
November 1993 . Mr. Andrews - had
installed a drivewa Previously cleared his property,
is
site location. This �managementeplan gun ewas vinitiated ation of hwhen utheing
landowner applied for building permits.
The property is high bluff and is an important foraging area for
the resident eagles . The concern of the Washington Department of
Wildlife is that more bluff clearing will remove important eagle
habitat . The purpose of this management plan is to allow for the
construction of the residence while protecting the integrity of
the eagle habitat.
FACTORS CONSIDERED
1 ) Landowners goals were considered through phone conversations
and a site visit with the landowner on January 4, 1994.
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 bald eagle
population and scientific literature concerning bald eagle
habitat protection.
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CONDITIONS
The following conditions apply to protect bald eagles and their
habitat:
1 ) Retain all remaining live and dead conifers on the property.
2) Water views can be achieved by limbing, although no more than
50% of the tree crown may be removed.
3 ) Danger trees may be removed after trees are certified as such
by a professional forester and approved by the Washington
Department of Wildlife .
4) The discharge of firearms, fireworks and/or explosives is
prohibited during the breeding period January 1 to August 15 of
any year .
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 of Wildlife (WDW) 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.
A landowner may request an emergency amendment to an existing
site management plan by contacting the WDW. Emergency amendments
are effective upon WDW special permission. If necessary to
protect bald eagles, the WDW may condition such permission. The
special permission may be verbal with later written confirmation.
The WDW may initiate an emergency amendment to an existing site
management plan. The WDW shall provide written notice of the
basis and terms of the amendment. A department emergency
amendment is effective upon notice .
A landowner may propose a non-emergency amendment by submitting a
written request to the WDW. A non-emergency amendment is
effective upon the WDW' s issuance of a final amended site
management plan.
The WDW may also initiate a non-emergency amendment to an
existing site management plan. The WDW shall provide written
notice of the basis and terms of the amendment . The WDW non-
emergency amendment shall be effective upon the WDW' s issuance of
a final amended site management plan.
For non-emergency amendments, the WDW and the landowner shall
work to develop a mutually agreeable amended site management plan
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within 30 days of the amendment request or notice. Should
agreement not be reached, the WDW shall within 15 days provide a
final amended site management plan to the landowner.
Until an amended plan becomes effective, the WDW may impose
reasonable and necessary interim conditions . Such conditions are
effective upon notice to the landowner.
Department denials of requests for emergency amendments, WDW
emergency amendments, final amended site management plans, and
interim conditions may be appealed as provided in this plan.
APPEAL PROCEDURE
In addition to the provisions of WAC 232-12-292( 7 . 1 )-( 7 . 3 ) , the
landowner may request a formal appeal of WDW 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 WDW 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 ( 2 ) .
This plan applies only to pending 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 of Wildlife (WDW) of any new proposed land use
activities .
Plan drafted by Shelly Ament, Wildlife Biologist , Washington
Department of Wildlife, P.O.. Box 1933 , Sequim, WA. 98382 . (206 )
681-4276 .
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WASHINGTON STATE DEPARTMENT OF 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 Landowner and Washington State Department of Wildlife agree
to the conservation measures described in the attached site
management plan.
Site Name: Tala Point # 689
Legal Description of proposed project: T28N, R1E, Section 10
The undersigned hereby agree to the terms of the Bald Eagle Site
Management Plan.
`C l 1- �.C�.�Ls( /21) r�-�i _� ( � 9,%'1 Ti K�,.�.a t-� 1,-;'• �.!v,.,, �,,r
Landowner (Signature) Date Landowner (Print)
/9/ a P. _ G l -7 -7
Date of Birth Address
t-t37- o3 2 ram,'?T L 10 Lt"A- s3G,
Phone Number City, State, Zip
The State of Washington, Department of Wildlife
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Regional Manager Date
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Wildle Biologist Region County
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