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HomeMy WebLinkAboutWDFW Eagle Site Agreement - PLN General - 12/6/1994 MOR CURT SMITCH < ' s Director STATE OF WASHINGTON DEPARTMENT OF WILDLIFE ,j. 905 E. Heron. Aberdeen, WA 98520 Tel. (206) 533-9335 4 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 WDW agree to the conservation measures described in the attached site management plan. Site Name: Pirate Cove Site #466 Legal Description: Section 7 & 8, Township 21 North, Range 1 West In witness where as mutually agreed upon and signed this day of_ 1 - 5- 0,3 ' K-) G 3 i, - '1 C), ' .►,� j-Gib Landowner Date Landowner Date /as// /33t-j S /ULJ " rlik) Address Address City"State, Zip City, .5tate, Zip The State of Washington, Department of Wildlife e tonal MaVo-er Date Are Biologis Region County 4. t _ CURT SMITCH J• pirecror STATE OF WASHINGTON DEPARTMENT OF WILDLIFE 90� E. Heron. aberdcen. WA 98520 Tel. (2061 533-9335 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 WDW agree to the conservation measures described in the attached site management plan. Site Name: Pirate Cove Site 9466 Legal Description: Section 7 & 8, Township 21 North, Range 1 West In witness where as mutually agreed upon and signed this day of _ r Landowner Date Landowner+] Date Address Address ° City, State, Zip City, State, Zip The State of Washington, Department of Wildlife ,agional thager Date Arei Biologis 1 Region County f' v ; srrf Ate. O'RT SMITCH Jy 'r Director 1 ,9Hy STATE OF WASHINGTON DEPARTMENT OF WILDLIFE 90= E. Heron. Aberdeen. WA 98520 Tel. (206) 533-9335 Pirate Cove Eagle Management Plan Mason County Site 9466 Section 7 & 8, Township 21 North, Range 1 West December 1992 Prepared for: David & Naree Crabb Mark & Kim Sigafoos 1535 Ten Mile Road 10111 - 133rd Street NW Everson, WA 98247 Gig Harbor, WA 98329 Prepared by: Lynda Hofmann Barbara Blowers Department of Wildlife Sound Solutions 905 E. Heron P.O. Box 1668 Aberdeen, WA 98520 Port Townsend, WA 98368 INTRODUCTION The bald eagle is listed by the U.S. Fish and Wildlife Service as a threatened species in Washington. The protection of nesting, roosting, and foraging habitats is critical in order to remove the bald eagle from threatened species status in the state. The primary threats to bald eagles in Washington today are habitat degradation and human disturbance due to the rapidly expanding human population in the Northwest. The Bald Eagle Protection Rules (WAC 232-12-292) and the enabling legislation (RCW 77.12.655) were enacted in 1986 to provide some means of protection for Important bald eagle habitat in nesting territories as well as significant roosting and foraging areas. These rules direct the Washington Department of Wildlife (WDW) to develop site specific management plans to protect important habitat components that may be impacted by land use changes. The initial impetus for this management plan is a Short Plat Application to Lot # 2 into 2 parcels; A & B. HISTORY AND DESCRIPTION OF TERRITORY #466 The Pirate Cove eagle nesting territory is located along Pickering Passage. The territory may be located by taking highway 3 east out of Shelton to Grapeview Loop Road. Then take the Grapeview road to Lombard Road, turn right. Follow It to Treasure Lane and turn right at the first dirt road past the bend in the paved road. The nest tree can be seen from the Rovange or Gordon driveway. The single known nest tree in the territory was discovered during 1992 by construction workers building the Rovange residence. The nest was discovered when a young eaglet was found lying on the ground below the nest. It was taken to be rehabilitated at the Woodland Park Zoo, Seattle. One eaglet remained to fledge from the nest. Construction workers reported both the adults and the juvenile left the area on approximately August 5. The other eaglet was later said to have been released along the Skagit River in Skagit County, Washington. The nest tree is located approximately 400 feet from the shoreline on the property of Charles Gordon and about 300 feet from the building site on Lot 2 (subject lot). The tree is a Douglas fir, approximately 150 feet tall with a DBH (diameter at breast height) of 67 inches. The nest is located about 15 feet down from the top of the tree. The plant association in the area is characterized as Western Hemlock! Salal/Swordfern (Tsuga heterophyila/Gaultheria shallon/polystichum munitum) (U.S. Forest Service 1989). CONSIDERATIONS Site specific management requires consultation with the landowner with reference to actual property boundaries and land use intent. These factors are then used to assess the impacts of such action on the continued viability of bald eagle habitat components in the territory. Viability concerns are then addressed through site specific management terms and conditions. On July 20,1992 a site visit was made by Mark Sigafoos and, and WDW representative Lynda Hofmann. The purpose of this visit was to walk the area of the proposed short plat, identify the nest tree and to evaluate the potential impacts of this project on the bald eagles occupying the Pirate Cove territory. Most of the trees on the Crabb property had already been cleared leaving little cover to provide screening from the property to the nest tree. An additional site visit was made by Barbara Blowers and the landowners on November 7, 1992. At that time the eagle pair where observed in the nest. Description Of Lot 2 Lot 2 Is a high bank waterfront parcel the owners wish to subdivide into two side-by-side waterfront lots, each with approximately 100 feet of %�ater frontage. It is located on a stretch of shoreline facing both Case Inlet and the top of Pickering Passage, with views of Hartstene Island to the south. The lot has numerous Douglas fir trees that appear to be between 25 and 35 years old; the soil is excellent for growing Douglas firs; there are also numerous good-sized maples on the rear of the lot. The property owners cleared a building envelope roughly 100 feet in depth by 150 feet wide for their house sites prior to becoming aware of the eagle nest. The nest is within 300 feet of the homesites, but fairly well buffered at present by existing trees on the nest lot as well as the back of the lot between the subject lot and the nest lot. The portion of the lot from the bluff edge back 80 feet was not cleared entirely; there are perhaps 20 good-sized Douglas fir (approximately 30 feet tall), but very little underbrush. The neighborhood, at present, has few homes, with the unfortunate and notable exception of the lot next door (the lot between the nest and the subject lot) where a very large home is being constructed (Lot 3- Rovange). The building envelope appears to be at least 100 x 100. Because the nest was discovered during the construction of the home on lot 3 after all permits for construction has been had been issued, the owner does not have a bald eagle management plan. The neighbors further south of this lot (lot 4 where the nest tree sits) have Indicated they do not plan to build for some time. To the south of lot 4 is a 10-acre waterfront parcel which is totally undeveloped. It is unknown what the plans may be for this property. To the north, the lots also appear to be undeveloped or at least have only a camping trailer on a couple of them. The owners of the subject lot do not plan to build for several years, perhaps as much as 15 years. They will use the property for camping in the meantime and plan to install the two septic systems and drill a common well now. They will do the forest restoration requested by this plan at this time as well. This will allow the trees to grow tall before any work begins on the houses. MANAGEMENT TERMS AND CONDITIONS Trees To Remain On Site The 20 or so Douglas firs on the bluff side of the property must be left intact to serve as a buffer from the shoreline. About 200 feet back from the bluff are several large old Douglas firs (though none suitable for an alternate nest site), a large maple, and a few cedar trees. The driveway (installed before they knew there was a bald eagle) was carefully planned to reduce the number of trees actually cut for the road. Most of the road is now out of site of the nest tree because of these fairly large trees already in place. Building Sites: Two houses will eventually be built on this to-be-divided lot. The building site Is from 80 feet back from the bluff and will not exceed 45 feet in depth (excluding 15-foot-wide driveway area). Because the lot was clear cut in the area, it will be necessary to restore trees to provide additional buffer from the nest tree, particularly from human noises. The building site for Parcel A (furthest from nest tree) includes a requirement that the garage door be inset on the far side of the house to reduce noise of embarking. The building envelope for Parcel A can be no larger than 55' wide x 45' deep. The entry area will also be surrounded by at least 9 quaking aspen to muffle the sound of voices and provide visual cover. A small extra parking area (two cars) will be separated from the driveway, again, by a stand of a least 3 Douglas firs and 2 quaking aspen. The triangle of land between the two driveways will also be reforested with a mixture of aspen, maple and Douglas fir (at least 9 trees, 3 of each). A line of Douglas fir will follow the lot lines on the north side from the edge of the bluff to the back portion of the clearing. The septic drainfields for both lots will be found on Parcel A in an area that is now covered by 10-foot alders and is located on the north side of the driveway. The first five feet parallelling the driveway on the north side will be reforested with Douglas fir; the drainfields themselves will be planted with salal, wildflowers and clover. The well site for both parcels will be located on Parcel A on a site chosen that is behind a line of trees in line with the nest ( in other words, the well building will not be seen from the nest). If a well building is needed, it will not be visible from the nest tree. Shrubs will further camouflage the area. Windows on both houses will either not be constructed on the nest side of the house or will be made of non-reflective glass. Rooflines will be no higher than 24 feet and will be of natural materials or dark-colored roofing (green or brown). Metal roofs will not be allowed. Parcel B will require more tree replacement than A because it is well within 300 feet of the nest tree. For a width of 10 feet from the lot lines, additional Douglas firs will be planted from the shoreline to the back of the garage using a minimum of 16 1.0 Douglas firs. The triangle area to the NW of the house site will contain at least 20 trees at least 3.0 size: 10 Douglas firs, 3 spruce, 3 maple, 3 grand fir, 1 cedar. In addition, close to the house and along the driveway, a minimum of 9 quaking aspen to provide sound buffer. The garage door will face away from the nest tree. Parking for 2-3 cars beside the house another single space will be allowed at the edge of the cleared area ( as shown) provided buffer trees shelter the nest tree. The building envelope for Parcel B is a total of 55 feet wide and 45 feet deep. Additional trees will also be planted between the two houses, more for aesthetics, but also to increase habitat area. Other than the small alders in the area of the septic drainfield, no trees are to be removed from this site. A downed tree on the beach is an important perch area and must also be left. The owners would like to install a stair system to the beach (about 50 feet down). The edges of the stairs will be revegetated with salal, rugosa rose, St. John's wort, and Hancock coral berry— all plants that help stabilize the soil as well as camouflage the stairs. Willow may also be planted to further stabilize the soil. From the top of the bluff back at least 10 feet, replacement vegetation consisting of salal, huckleberry and other native plants will be installed to be grown and kept at a height of 4 feet. This will further camouflage the lot from the beach should the eagles wish to dine on the beach. From the back of the building site to the very back of the lot (a distance of over 400 feet), open spots will be replanted with 1.0 Douglas firs, grand firs or spruce, for a total of 10-15 trees. The cleared building sites will be revegetated with natural planting (rhododendron, salal, fern, clover, etc.) fruit trees, berry plants and flowers. The lawn portion will be kept to a minimum, not to exceed an area of 25 feet x 55 feet and should be found on the shore side of the houses, but without removing any existing trees. The small alder trees along the shoreline can be removed, but will be replaced by the salal mixtures to 4 feet high. Time Table: The driveway is in; a septic system is being designed for each lot and to be placed in the location shown in Figure 2. Some trees will be planted in 1992; any planted during the nesting season of 1993 (January 1 - August 15) will be hand-planted (without the use of mechanical equipment). No construction equipment on the site from January 1 through August 15 of any year. No chain saws, motorcycles, lawn mowers, or other sudden-noise-generating equipment is allowed during this period. Any house building must commence no earlier than August 15 and shall be completely enclosed and all exterior work completed by January 1. Short Plat In Process A short plat is now in process to create Parcels A and B. Since there are no plans to build Immediately, the reforestation which will take place and be completed in 1992 and 1993 should attain sufficient height to provide fairly good camouflage and sound barrier by the time building commences. Map of the Short Plat; Map of Bald Eagle Management Plan; Map of Previous Plat; Area Map Four maps are enclosed with this plan; a map of the proposed short plat in 8 1/2 x 11 format; a map of the bald eagle management plan; a map of the plat showing its relationship to other lots; an area map. These maps shall become part of the Bald Eagle Management Plan. MONITORING AND REVIEW Implementation of this plan will begin when the landowner agrees to it by signing it. If the WDW and the landowner cannot agree on a plan, the landowner can file a formal appeal as outlined in WAC 232-12-197. The conditions of the plan do not supersede local, county, state, federal or other regulations that are related to environmental protection (e.g. Shoreline Management Act, SEPA). It is the responsibility of the landowner to assure that the appropriate permits are obtained and to address concerns other than bald eagle habitat protection. The landowner or the WDW may request a review or update of the plan based on changes in eagle use of the area or changes in development plans. It Is the responsibility of the landowner to notify the WDW of proposed land management activities within the eagle management area that will affect the management plan. COMPLIANCE Failure to comply with the plan constitutes a misdemeanor as set forth in RCW 77.21.010. This plan may be reviewed periodically to monitor whether: a) The plan requires amendment in response to changing eagle and landowner circumstances b) The terms of the plan comply with applicable laws and regulations. c) The parties to the plan are complying with its terms. `0 i� I ��L 24•e o� Ui AA 0 r;7 v 40 �i n� b1 �" .moo• v_