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Home My WebLink About5.589 Original Contract "'- ~ ,5.581 RECEIVED SEP 2,~ 2000 ~Ity of Port Angeles September 20, 2000 Eagle Plan: Morse Creek #258 Distribution List: City of Port Angeles - Landowner Rich James - Agent Michael Quinn Nongame Program - Olympia Larry Baker - Sergeant Shelly Ament - Eagle Biologist Montesano Regional Office Files WASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAN AMENDMENT #1 RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY Morse Creek #258 Applicant City of Port Angeles 321 E 5thSt Port Angeles, W A 98227 Agent Rich James Pronerty Tax Parcels 053007-220050, 110775, 110750, 120550, 12050, Township 30 North, Range 5 West, Section 7, and 063012-58116, 110200,06012-110175, Township 30 North, Range 6 West, Section 11, 12, Clallam County Pending Activity -Amendment to Existing Plan BACKGROUND The applicant proposes to complete the County project initiated in December of 1999 to remove vegetation from the former railroad grade between Morse Creek and Lees Creek in order to further enhance the former railroad grade for use as the Olympic Discovery Trail The County did not clear any vegetation from the railroad grade within 800 feet of an existing eagle nest located on the bluff above the trail during the winter of 1999 to summer of 2000 nesting season in order to allow the eagle pair to reuse this nest site The Washington Department Fish and Wildlife (WDFW) confirmed that the eagle pair did not occupy the nest site during this nesting season The County proposes to clear the remaining 1600 feet vegetation from the surface of the railroad grade and establish open ditch drainage where appropriate to drain the surface of the trial The previous plan included a habitat protection zone for the trail within 800 feet of the nest tree (See attached Figure 1) This amendment contains conditions designed to protect trees near the trail that serve as screening between the trail and nest tree, buffer the nest tree from trail activities, enhance erosion control, provide shading to the upper beach area and provide potential foraging and perching habitat Washington Department ofFish and Wildlife biologists recognize the value of these trees to provide these important habitat considerations The intent of this amendment shall be to allow proposed vegetation clearing on the railroad grade while protecting other significant eagle habitat within the habitat protection zone and territory. CONDITIONS The following conditions apply to the project for the purpose of protecting bald eagles and their habitat. Vegetation removal within the railroad grade and within the boundaries of the previously defined habitat protection zone shall be limited as follows' 1) Trees that do not extend into the working area needed for the excavator to clear the railroad right-of-way for the trail shall not be damaged or removed (The "workIng area" includes the area from the center of the former railroad grade extending six feet in either direction from the centerline that will constitute the surface and outside edges of the trail, the additional area needed at the base of the bluff for a drainage ditch beside the trail and the minimum area above the trail to allow for safe excavator operation during construction) 2) Every effort shall be made to retain trees on the north side of the trail with the goal that all trees that do not intrude into the working area shall not be damaged or removed 3) Work will be completed prior to February 1,2001 (WDFW shall be contacted if the work is not completed by this date). 4) A Bald Eagle Management Plan shall be finalized prior to initiation of trail construction in the summer of2001 Conditions to plant trees to enhance habitat and provide nest screening will be incorporated into this plan. Timing restrictions for trail construction will also be incorporated into the new plan City staff shall aid WDFW in acquiring addresses of property with important eagle habitat within the territory and to initiate landowner education with the goal of protecting existing, significant eagle habitat. The undersigned hereby agree to the terms of this amendment to the Bald Eagle Site Management Plan for the Olympic Discovery Trail-Morse Creek to Rayonier segment. I~~ 7;1/0J Landowner (Signature) Date 1~ I}; ?/fA<> I1lII'JI/lEL t9 . Landowner (Print) Date Address PO, gOY IISO PoR, AtJUl(5, WA Q'i59GJ J60 '-117- 4700 City Stai:e Zip Phone Number The State of Washington, Depar~L{}f...Fish and Wildlife 7 f!) L!! / tf8 Date Region cl 0. { I q M.. County .i- Priority Inspected By Date LAN:::>LE Y EASEMENT (1'3% ) EAST END OF PROJECT TIMING RESTRICTION ZONE rOZIER RC~A5EI DONATICN (~-1'3'3]) I ') 1/4 mile ~.._ 800 feet NEST #4 HABITAT PROTECTION - ZONE ) 800 feet RAYONlER E A581ENT (1'3%) lJX)O() PlJRCHASE ( 10/.\3 - 1':1'3 ~ ) (I~TEA) \ LEGEND STRAIT Of JIA^J.! J~ F"'A TO MO~ CR(Ct<-oor_ _ .. EXI5TlN(; WATERFRCNT TRAIL ---------. PROP05ED EXTENSIOO a WATERFRONT TRAIL WEST END OF PROJECT o r (t 5CALE. ,. . 2CX::>O' 2 cx::>o FIGURE 1. The location of the drainage improvement pr~ject proposed by the City of Port Angeles within the Morse Creek Bald Eagle Territory. The boundaries for the Habitat Protection Zone and the Timing Restriction Zone are also shown. .0(000 I 5. 58Cj WASHINGTON DEPARTMENT OF FISH AND Wll..DLIFE _ BALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 ~ EAGLE TERRITORY: Morse Creek #258 Applicant City of Port Angeles 321 E. 5th St Port Angeles, W A 98227 Agent: Rich James Property Tax Parcels 053007-220050, 110775, 110750, 120550, 12050, Township 30 North, Range 5 West, Section 7, and 063012-58116, 110200,06012-110175, Township 30 North, Range 6 West, Section 11, 12, Clallam County. Pendine Activity The applicant proposes to re-open culverts blocked by small mud slides to re-establish proper drainage for the fonner railroad bed of the Chicago, Milwaukee, St. Paul and Pacific Railroad between Ennis Creek and Morse Creek, a distance of3 miles. Clearing brush from a 10 foot width of an existing railroad grade to allow equipment passage and opening existing culverts where they can be found or installing several new culverts will allow the site to become properly drained in anticipation of construction of the Olympic Discovery Trail on the same site in August of2000. The larger Olympic Discovery Trail project is a joint effort by the City of Port Angeles and Clallam County. FACTORS CONSIDERED 1) Landowners goals were considered through a review of the shoreline management review application. A site visit was conducted to the property on January 7,2000 with the agent for the City of Port Angeles, Rich James. Various phone conversations were conducted between WDFW staffand the City's agent. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, current status of the population and scientific literature concerning bald eagle habitat protection. BACKGROUND The Morse Creek Bald Eagle Territory is located in CIalIam County, approximately 2 miles east of the city of Port Angeles (Figure I). The Washington Department ofFish and WIldlife (WDFW) has been monitoring the territory since the spring of 1990. A total of four bald eagle nests have been documented within the territory (Figure 2). The original nest was located in a dominant conifer tree along the top of the bluff adjacent to the Strait of Juan De Fuca, approximately ~ mile west of Morse Creek. This nest was present from 1990 - 1994 but WDFW surveys confirmed that no young were produced at the site. This nest was reported as no longer present after an aerial survey conducted by WDFW in '" April of 1995. A new bald eagle nest was reported to WDFW later this same season. This documented Nest #2 was located approximately 3500 feet west of Nest #1. This nest was in an alder tree located mid-slope along the bluff above the shoreline. It is unknown if any young were produced at this nest during the 1995 nesting season. During an aerial survey conducted by the WDFW on April 18, 1996 it was documented that this nest had been destroyed. The branches supporting the nest had broken off and it was determined that this tree could no longer support a nest. During this survey another bald eagle nest (Nest #3) was docwnented to the east, approximately 600 feet from the nest tree which previously contained Nest #2. This nest was also located in an alder tree below the top of the bluff. An aerial survey by WDFW was conducted on June 10, 1996, and a total of two feathered young were documented at this Nest #3. Another empty nest was also documented within the territory during this survey. This Nest #4 is located in an alder tree 200 feet west of the tree containing Nest #3. It is unknown when this Nest #4 was actually constructed but the WDFW assumes that this nest was present prior to the 1996 season. An adult eagle was observed in incubation posture at Nest #3 during surveys conducted by WDFW in April of 1997 and 1998. These nesting attempts fuiled and no young were produced at the nest. The nest tree which contained Nest #3 was damaged by a landslide in late 1998 and this nest was destroyed. The only nest which is currently known to be present within the territory is Nest #4. The alder tree which contains this nest is leaning significantly toward the north. The WDFW is concerned about the long term survival of this tree and the nest. It should be noted that it is extremely rare to document a bald eagle nest in an alder tree. Bald eagles are usually more selective for larger limbed conifer trees. Within this territory, however, much of the suitable bald eagle nesting habitat above the top of the bluffhas been cleared for development. The tree containing Nest #4 is mid-slope below an area with extensive residential development. Activities associated with human residences,. including lawn mowing, vehicle use, and dog barking, are common along the bluff above this nest throughout the year. Several trees adjacent to the nest trees discussed above have been are utilized by eagles as perch trees including some trees which are located very near homes above the bluff nesting sites. It should be noted that this portion of the marine bluffs is one of the few sections of marine bluff in this area that supports some large trees and that this condition is directly related to the stabilizing influence of the former railroad grade which has protected the base of the marine bluff from erosion. Loss of the railroad grade to winter storms could accelerate the erosion of the marine bluffand lead to loss of the large trees which the eagles have used in the past as nest and perch trees. The City of Port Angeles has proposed a maintenance project on the existing railroad grade within the Morse Creek Bald Eagle Territory. The project location is on the former railroad grade between Ennis Creek and Morse Creek (Figure 3). The ClalIam County Road crew plans to move a small backhoe with a blade onto the east end of the project site by January 18, 2000. The backhoe would clear brush and small trees from a ten foot width of the former railroad grade in order to facilitate movement of the backhoe. After discussion with WDFW, it appears that the recommended course of action would be to proceed with clearing the former railroad grade for the backhoe directly to within 800 feet 'J- of the tree containing Nest #4. The work crews will then work away from this identified Habitat Protection Zone) completing any culvert work needed. A Timing Restriction Zone shall also be established within 1320 feet of Nest #4. Project work can proceed within the area between 800 feet and 1320 feet of the nest site until February 15,2000. After this date, project work may proceed beyond the Timing Restriction Zone but the WDFW reconunends that work to the east of the nest be completed as soon as possible. The project work involves minor clearing of a ten foot wide path to allow equipment passage and the re-opening of blocked culverts wherever drainage problems are encountered on the railroad grade. The backhoe operator would use the backhoe to search for the existing culverts utilizing the original drawings of the railroad grade and a metal detector to locate the culverts. The operator would then use the backhoe and hand tools to re-open existing culverts. Where a culvert could not be located in an area of problem drainage) a new plastic culvert would be installed which would drain into the bluff side edge of the existing rip rap. Excavated material will remain on the former railroad grade. Railroad design drawings show that there were approximately 40 culverts located between Ennis Creek and Morse Creek. The backhoe operator could be expected to locate and re-open approximately 20 culverts and may need to install as many as 20 culverts to ensure good drainage of the project site. No material will be placed on the beach side of the rip rap unless WDFW habitat biologists requests such a placement. Brush and small trees will be piled on the railroad grade at the base of the blu1f. If these piles are iocated within 1320 feet of the nest tree they may be burned before February 15th and piles located farther than 1320 feet may be burned after February 15. Care will be taken to retain trees which are not located directly in the center of the former railroad grade. In upcoming months, the City's agent and WDFW will flag the proposed trail locat~on and identify significant trees which screen and buffer the bald eagle nest within the Habitat Protection Zone. The drainage improvement and maintenance project, which is the subject of this eagle management p~ will fucilitate a larger trail construction project which is to be initiated in August of20oo. The larger trail construction project will see the Olympic Discovery Trail rebuilt along the historic railroad grade of the Chicago, Milwaukee St. Paul and Pacific Railroad grade. This railway route was constructed in 1914 and in continuous operation until 1985. The Olympic Discovery Trail will be extended from its current tenninus at Morse Creek to connect with the City of Port Angeles Waterfront Trail which ends near Francis Street. This larger project will be constructed in August of2000 by Clallam County and the City of Port Angeles. A separate bald eagle management plan will be required for this trail construction project. This plan will be developed after additional monitoring of eagle activity during the upcoming nesting season and further evaluation to maximize the protection of nest screening and buffering habitat. The WDFW is very concerned about the potential impacts of future users of the trail during the bald eagle breeding and nesting season. Increased human use in such close proximity to the bald eagle nest may lead to nest failure, reduced productivity over time) or abandomnent of the territory. Bald Eagle Management Plans are required for this proposed maintenance project and the ~ future construction of the Olympic Discovery Trail due to location ofa documented bald eagle nest and other trees which previously contained nests within the project area. The intent of this specific pian is to authorize a maintenance project along the City owned right-of-way and to anticipate the type of pian and monitoring needed for the larger trail construction project to be undertaken late this summer. A concern of the WDFW is the protection of the bald eagle nest tree and significant nest screening and shoreline perching habitat which exist on the property. Conditions have been outlined to protect significant bald eagle habitat located within the bald eagle nesting area. Timing restrictions will be implemented to minimi7.e human disturbance during the bald eagle breeding and nesting season. A new Bald Eagle Management Plan will need to be negotiated for the larger Olympic Discovery Trail construction project. CONDITIONS The following conditions apply to protect bald eagles and their habitat: 1) A Habitat Protection Zone shall be established around the tree which contains bald eagle N~st #4. The zone shall include the project area within 800 feet to the east and west of the nest tree (Figure 3). 2) The Habitat Protection Zone shall be flagged by Clallam County staff prior to the initiation of any activities associated with the proposed drainage improvement project. 3) The WDFWand City of Port Angeles Biological Assessment Consultants shall monitor eagle activity within the territory during the 2000 nesting season. No work shall occur within the Habitat Protection Zone until it can be verified by WDFW if and ~ the Morse Creek bald eagle pair may be nesting for the upcoming season. Ifbald eagle Nest #4 is the active nest, construction shall not occur within the identified Habitat Protection Zone during the bald eagle breeding and nesting season. If nesting activity is not observed in Nest #4 by May 1 then work may proceed within the Habitat Protection Zone, but only after a new Bald Eagle Management Plan has been developed for the trail construction project (see next condition). 4) A new Bald Eagle Management Plan shall be developed between WDFW and the City of Port Angeles prior to any vegetation removal within the Habitat Protection Zone. This plan shall be finalized prior to the proposed construction of the Olympic Discovery Trail. 5) Outside the Habitat Protection Zone, trees which are located on the bluff side of the railroad grade and on the water side of the railroad grade outside the 10 foot wide backhoe corridor shall not be damaged or removed. · Exception - The selective removal of hardwood trees to allow access for the backhoe to clear existing culverts or install new culverts shall be allowed. No conifer trees shall be damaged or removed. 6) The CIa11am County work crew shall make every effort, outside the identified Habitat ~ Protection Zone, to not damage or remove trees which screen the bald eagle nest from the view of future trail users. 7) A Timing Restriction Zone shall be established around the tree which contains bald eagle Nest #4. This zone shall include all project area within 1/4 mile to the east and west of the nest tree (Figure 3). No heavy equipment operation, clearing, culvert installation or burning of cleared woody debris shall occur within this Timing Restriction Zone during the bald eagle breeding and nesting season from February 15,2000 - August 1,2000. * Special Notes: - Timing restrictions shall be waived if the bald eagles do not show signs of incubating eggs by May 1 of a given year. Surveys shall be conducted by a qualified biologist. A representative of the City of Port Angeles should contact the WDFW to verify the status of bald eagle nesting activity prior to any construction operation within the Timing Restriction Zone. - The WDFW recommends that the Clallam County work crew complete all heavy equipment work and burning associated with the proposed drainage improvement project, outside the Timing Restriction Zone to the east of the nest tree, as soon as possible. The nest is visible from portions of the railroad grade in this area. It is possible that the local eagle pair may construct a new nest in the tree which previously contained Nest #1 or in other suitable nest trees located in this vicinity. The intent is to minimi7.e . disturbance during the bald eagle breeding and nesting season. 8) The discharge offireanns, fireworks, or explosives on the railroad grade is prohibited on the project area during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. 9) A new Bald Eagle Management Plan or an amendment to this plan shall be required if a new bald eagle nest is documented within 1/4 mile of the former railroad grade between Morse Creek and Ennis Creek. DURATION OF PROTECTION This plan applies to the landowner that signs the plan. If the ownership changes, the new ~downer may sign the plan or request a new one to reflect a change in 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. If an eagle does not show signs of incubating eggs by May I, then the timing restrictions ~ do not apply for that year. Surveys shall be done by a qualified wildlife biologist. Please contact the WDFW if the eagles change the location oftheir nest. Do not asswne 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 periodically by the Washington Department ofFish and WIldlife (WDFW) 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. APPEAL PROCEDURE In addition to the provisions of WAC 232-12-292(7.1)-(7.3), the landowner may request a formal appeal ofWDFW 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 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. ~ plan applies only to the proposed 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 ofFish and WIldlife (WDFW) of any new proposed land use activities. Plan prepared by : Shelly Ament, WIldlife Biologist, Washington Department ofFish and Wildlife, P.O. Box 1933, Sequim, WA 98382'. (360) 681-4276. Rich James (agent for the City of Port Angeles), Senior Planner, Clallam County Road Department, 223 E. 4th Street, Port Angeles, W A 98362. (360) 417-2290. WASHINGTON STATE DEPARTMENT OF FISH and WILDLIFE '!-- Bald Ea2le 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 Landowners and Washington State Department of Fish and Wildlife agree to the conservation measures described in the attached Site Management Plan. Site Name: Morse Creek #258 Legal Description of proposed project: Tax Parcels 053007-220050, 110775, 110750, 120550, 12050, Township 30 North, Range 5 West, Section 7, and 063012-58116, 110200, 110175 Township 30 North, Range 6 West, Section 12, Clallarn County. The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. l~A \-L"-6<> Landowner (Signature) Date 1) ~ ~\2..-b~e-.i Landowner (print) 4\"\.-4$\ Phone Number 32\. e. ~~ I ~cx-t k~~~. \.iJtt.... City, State, Zip Address The State of Washington, Department of Fish and Wildlife '!- Pomt \l, V\ ~, , , Landong Stnp : us COA;lT GUARD STA~ -- Jill ".. ..... 'VAil A Ifill 4 \ I ....~ ,." Burnt Moun .", (MT OL YMPUS) 30' 1350 R 6W R 5 W 1400 FIGURE 1. The location of the Morse Creek Bald Eagle Territory. Clallam County MORSE CREEK BALD EAGLE TERRITORY (OCCURRENCE 258) -- MAP SCALE 1:24,000 OTHER SITES (IF PRESENn SHOWN FOR REFERENCE COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD MAP AND REPORT INCONSISTENCIES . ., .'}.-, , . , . I, . I , ' . oj ,. " - ..~- ~ '.~ -- -.- -~.~,-~ ~..:-~;;.- . .- , ' ~ .. .... '. . :'; .{:" J:(> ,".',. -t~ d'r 4P 4/2- .()~ ~ ..".': .' OJ;r ,..t:Jf..9.( " . 8 T R A I - ..- -]~ -- -....-. . ---....- , "- ""-- )< .'(. 'I't "- -"-... -- I : ,.\ \ .1-" _J . " \ l \ \.: ~ \ I. ., .;(. ""\ \ .-.:, , 'In ~ /- . ~ \, <.'/-- -f-;. \ ) . Ii :.., ..,,' ~ \/ ( i l-\ L 268-1 MORSE CREEK 199-W" 1" 048 06' 6"- 123 21' 47- 268-2 MORSE CREEK 19960203 048 06' "7- 123 22' 30- 268-3 MORSE CREEK 19980406 048 06' 36- 123 22' 07- 266.04 MORSE CREEK 19960610 048 06' 36- 123 22' 10- T30H R06W S07 NEOFNE BALD EAGLE NEST AlONG THE $TRAIT W OF I\IIORSE CREEK. AMENT, SHEllY 04812313 .8 SA IS T30N R05W S07 NEOFNW BALD EAGLE NEST IN FORK OF lARGE ALDER TREE. WrTHIN 50 FT OF &HOREUNE. AMENT, SHEllY. WDfW 04812313 .13 SA B T30N R05W S07 NWOFNE BALD EAGLE NEST IN ALDER TREE WHICH IS MID-SLOPE. BELOW BROWN HOUSE. SMALL CEDAR AMENT. S, WDfW OCCPR TREE DIRECTLY TO NORTH. NEST 6FT DOWN FROM THE 'rOP. 04812313 . 16 SA B T30H R05W S07 NWOFNE BALD EAGLE NEST IN ALDER TREE 100FT WEST OF NEST TREE" 3 REMNANT NEST ONLY. SHelLY AMENT &. ANITA 04812313 . 17 SA IS FIGURE 2. The location of the bald eagle nest trees within the Morse Creek Bald Eagle Territory. EAST END OF PROJECT TIMING RESTRICTION ZONE ) 1/4 mile ~_ 800 feet NEST #4 HABITAT PROTECTION ZONE ) 800 feet ~- . .J 1/4 mile RAYOHIER E~ (l~~) '!co \ LEGEND STIiI\IT Of ;lAAIJ J~ ffACA TO MO~ CR(CINIOT_ _ .. E><I&TIotrt WATE~ TRAIL --------- PROP06ED EXTEN5ION OF WATEFIFRONT TRAIL WEST END OF PROJECT (t r I '000 5CAl...E. '" . 7000' ~~CROHAUER P\J~ (~) (I AC) FIGURE 3. The location of the drainage improvement p~ject proposed by the City of Port Angeles within the Morse Creek Bald Eagle Territory. The boundaries for the Habitat Protection Zone and the Timing Restriction Zone are also shown. .(000 I