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_
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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 _
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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
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O'RT SMITCH
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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.
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