HomeMy WebLinkAbout101323005 Eagle Mgmt Plan
W ASIDNGTON DEPARTMENT OF FISH AND WILDLIFE
BALD EAGLE SITE MANAGEMENT PLAN
RCW 77.12.655
WAC 232-12-292
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tru .. 21 2001 lW
EAGLE TERRITORY: McCurdy Point #384
JEFFERSON COUNTY
DEPT. OF COMMUNITY DEVELOPMENT
Applicant
John G. and Janet B. Sweeney
481 Main Street
Cromwell, CT 06416
Property
Tax Parcel # 101323005, Township 31 North,
Range 1 West, Section 32, ~1/4 ofSW 1/4,
Jefferson County. ", :':','."..'
'". . ~ '. .
Pendinf:
Residential development.
FACTORS CONSIDERED
1) Landowners goals were considered through a review of the site development plan. A site visit
was conducted to the property prior to the purchase by the landowners., Another site visit was
conducted on the property with the landowners brother, Terrance Sweeney. A site visit was
conducted to provide recommendations for site development th~t would protect eagle habitat. On
March 13,2001, a site visit was conducted with architect Steve, Myrvang to review the fmalized
site development plan.
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. The document
entitled " An Assessment of Wildlife Species and Habitats for the Middle Point Land
Conservancy Property", prepared by Resources Northwest, Inc. was also reviewed.
BACKGROUND
The McCurdy Point Bald Eagle Territory is located on the Quimper Peninsula in Jefferson
County, approximately 3 miles west of Port Townsend (Figure 1). The two nest trees which have
been documented within the territory are located on the eastern tip of McCurdy Point which is
adjacent to the Strait of Juan De Fuca (Figure 2). The Washington Department ofFish and
Wildlife (WDFW) had observed bald eagles perching near McCurdy Point in April of 1990 and it
was highly suspect that a nesting territory was located in the vicinity. A bald eagle nest (Nest # 1 )
was located in a broken topped live Douglas fir tree on April 12, 1991 during-an aerial survey
conducted by the WDFW. The condition of the nest was reported asunrepairedbut two adult
eagles were observed in the area. This nest tree' is still present but the nest has not been observed
during aerial surveys since 1994. An assessment of wildlife species and. ijabitats for a 48 acr~
parcel of property managed by the Middle Point Land Conservancy and the surrounding area on
McCurdy Point was conducted during March - May of 1992. A total of 42 detections of bald
eagles were recorded during aerial surveys but no active bald eagle nest was located by the
observers. A new nest (Nest #2) was, however, located during a productivity flight conducted by
the WDFW on June 10, 1992. This nest was located on the top of a sub-dominant grand fir tree
located approximately 150 feet southwest of the tree which contained Nest # 1. An adult eagle
was observed in the vicinity but no young were observed in the nest during the flight.
During the WDFW aerial surveys conducted in April for the years 1993 - 1995 the territory has
been documented as active. An adult bald eagle was observed in incubation posture on Nest #2.
Productivity surveys were not conducted during these years so the number of young produced at
the nest is not known. In April of 1996, nesting activity was again documented within the
territory during the aerial survey conducted by WDFW. On June 10, 1996, the territory was
checked for productivity during a peregrine falcon survey which was conducted along the
Straights of Juan De Fuca in a helicopter. One feathered eaglet was observed in, the nest. No
nesting activity was observed within the territory during the 1997 nesting season. The territory
has been occupied by the nesting pair of bald eagles for the past four years. An adult eagle has
been observed in incubation posture on Nest #2 during the aerial survey conducted by WDFW in
April of each year. Productivity surveys are no longer conducted by WDFW so the number of
young actually produced at the nest for the past four years is unknown. During a site visit to the
territory to assist a survey crew with locating the nest tree in late July of 2000, WDFW volunteers
reported at least one young eagle and one adult eagle were documented in the vicinity of the nest
tree.
A review of the existing habitat within the McCurdy Point Bald Eagle Territory has been
conducted during aerial surveys and ground visits to the area. The McCurdy Point vicinity
contains one of the last remaining contiguous blocks of timbered land within the Quimper
Peninsula. The forested land at McCurdy Point has not been harvested for timber within at least
the last 35 - 45 years. Residential development has occurred on some of the adjacent lands~ Both
young mature mixed forest and older mature coniferous forest are present within the territory.
The dominant trees in the area are cedar, hemlock, grand fir, red alder, and Douglas fir. Multi-
layered canopies, well developed shrub and forb communities, snags, numerous large logs and
large live trees are some of the diverse habitats found within the mature forest. The bald eagle
nesting stand and the surrounding area provide valuable habitat to many other wildlife species.
The marine bluff area adjacent to the mature coniferous forest provides significant bald eagle
perching and foraging habitat. Excellent foraging opportunities are present along the shoreline
area north of the nest tree and many bald eagle observations were documented near the J\.1cCurdy
Point headland. The habitat complexity of the vicinity, which includes boulders and coves along
with the swift tidal currents from the Strait of Juan de Fuca, are preferred foraging grounds for
the bald eagles. Both adult and sub-adult bald eagles are known to perch within the McCurdy
Point vicinity during all months of the year. The older-age coniferous forest surrounding the bald
eagle nest trees has structural characteristics typical of many winter bald eagle roost sites but the
WDFW has not documented a specific core roosting area within the stand.
John and Janet Sweeney own a 3.22 acre high bank waterfront property wit'
Point Bald Eagle Territory (Figure 3). The property which contains both of
JEFFERSON COUNTY
OEPT. OF COMMUNITY DEVELOPMENT
trees is located directly adjacent to the west. The landowners contracted a professional survey
team to determine the location of the grand fir tree which contains Nest #2. The tree was
determined to be approximately 400 feet west of the west property line (Figure 3). The Sweeney
property contains an older mature coniferous forest of mostly Douglas fir, grand fir, and some
cedar trees. A number of large diameter mature grand fir trees exist on the property. A
component of younger conifer and deciduous trees is also present on the parcel. The property
contains very significant bald eagle habitat which includes buffering habitat for the nest trees,
, perching habitat, and potential alternate nest trees. The only improvement on the property is a
well that was previously installed at the south end of the parcel. Mr. and Mrs. Sweeney
purchased the property in July of 1997. The WDFW had been working with the real estate agent
which had the listing for the property so the landowners were fully aware that a Bald Eagle
Management Plan would be required for the parcel prior to development. In June of 1999 the
WDFW allowed approval for the Jefferson County Permit Center to issue a septic permit for the
property. The landowners had agreed in writing that they would not install the septic system or
conduct any development of the property until they had obtained a signed Bald Eagle
Management Plan. They are now proposing development of the property and recently submitted
a building permit application to the county. They are proposing to construct a 3-bedroom single
family residence in the northern portion of the property (Figure 4). The unique home will be
located approximately 103 feet south of the top of the high bank. A driveway with a circular turn
around is proposed for installation just south of the homesite. A small area for extra vehicle
parking will also be cleared near the building site. The septic drain field will be installed north
east of the proposed homesite (Figure 4). The WDFW originally did not support the location of
the proposed drain field but field review confirmed that only a few trees will need to be removed.
Fortunately, there is a dense buffer of trees to the west and the nest is not visible from the
proposed homesite location. Conifer and hardwood trees of varying sizes will need to be
removed within the proposed driveway and building envelope. This was unavoidable due to the
dense stand of trees located on the property. The landowners followed a WDFW
recommendation to have a tree survey conducted to show the location of the larger conifer trees
on the parcel. They have worked closely with their architect and have made a very special effort
to minimize tree removal for their proposed development. The WDFW certainly appreciates that
the Sweeneys recognize the sensitivity of developing property within the bald eagle territory.
The finalized site plan certainly reflects their desire to protect trees and preserve the natural state
of the property. The landowners intend to initiate development activities in August of2001.
They will be moving to Washington from their present home in Connecticut and will be
permanent residents at McCurdy Point following home completion.
The concern of the WDFW is the protection of the significant bald eagle nest buffering habitat,
perching habitat, and potential nest trees which exist on the property. Site developme~t clearing
could also increase the risk of blowdown towards the nest trees. Efforts will be made to
minimize tree removal and habitat alteration on the property. There is also concern about the
increase of human disturbance within the territory. The vicinity near the nest trees has been
relatively undisturbed for many years and future human disturbance may cause nest failure,
abandonment of the territory, or reduced productivity over time. Timing restrictions will be
implemented during the bald eagle breeding and nesting season to minimize disturbance. The
supplemental planting of conifer trees between the nest tree and the building sit W/J, l@:e~e~ WI [E \R\
existing buffer and provide future bald eagle habitat. The intent of this plan is t ~ ::e-;.~ 2001 l!lJ
JEFFERSON COUNTY
OEPT. OF COMMUNITY DEVELOPMENT
proposed residential development while maintaining the long term integrity of the McCurdy Point
Bald Eagle Territory.
CONDITIONS
The following conditions apply to protect bald eagles and their habitat:
1) The proposed construction of a driveway and installation of a septic system on the property
shall be allowed (Figure 4).
2) The proposed construction of a single family residence as shown on the site development plan
shall be allowed (Figure 4).
3) The residence shall be constructed at least 100 feet from the top of the bank (Figure 4).
4) All trees shall be retained on the property except for those trees in the path of the. driveway,
vehicle parking area, building envelope (+ 10' from structure), and septic system.
* Exceptions to Condition 4:
a) The selective removal of conifer trees < 4 inches diameter at breast height
(DBH) and deciduous trees shall be allowed to achieve water views. The
limbing of larger conifer trees shall be allowed. No more than 30% of the live
crown of a conifer tree shall be removed.
b) Danger trees may be removed if trees are identified as hazardous by a
professional forester or certified arborist. A written report from the
forester/arborist must be submitted to the WDFW before approval to remove
the hazard trees is granted. A tree that presents imminent danger to the safety
or property of individuals may be removed without a report.
5) No heavy equipment operation, driveway or septic installation, clearing, tree cutting, outside
home construction, or outside burning (fires> 4 feet X 4 feet) shall occur during the bald eagle
breeding and nesting season from February 1 - August 15 of any given year.
6) The discharge of frrearms, fireworks, or explosives is prohibited during the bald eagle
breeding and nesting season from February 1 - August 15 of any given year.
7) A total of one dozen (12) live conifer tree seedlings shall be established on the property to
enhance the vegetative screening between the bald eagle nest and the homesite. The trees shall be
planted along the west property line, directly west of the homesite (Figure 4).
The seedlings shall be:
- At least 2.0 age class.
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JEFFERSON COUNTY
DEPT. OF COMMUNITY DEVELOPMENT
- A mix of grand fir, Douglas fir, and western red cedar.
- Planted within one year of home completion.
8) No further subdivision of the property shall occur.
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 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 1, 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 of their nest. 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 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 ofW AC 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 1 0.08 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.
This 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 noti T'
Department ofFish and Wildlife (WDFW) of any new proposed land us ~'\iJ~ __t~ IE 1\R1
. AUG 2 9 2001 \~
, '\
JEFFERSON COUNTY .
OEPT. OF COMMUNITY OEVELOPMENl
Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department of Fish and Wildlife,
P.o. Box 1933, Sequim, WA. 98382. (360) 681-4276.
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! AUG 2 9 2001 l::J
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JEFFERSON COUNTY
DEPT. OF COMMUNITy DEVELOPMENT
---=-~~~-------~>."..
WASHINGTON STATE DEPARTMENT OF FISH AND 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 Fish and Wildlife agree to the
conservation measures described in the attached site management plan.
Site Name: McCurdy Point #384
Legal Description of proposed project: T31N, Rl W, Section 32
The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan.
1) ~ G- ~ ~ ci=<;;""M.,.-;,y
2) ~-r 1$ ~ gwe!l-=,...Jb--Y
Landowner (Print)
>760-613-1060
Phone Number
tf<f( vt1t/1J ~77kc-7
Address
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City, State, Zip
The State of Washington, Departplent of Fish and Wildlife
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Date
8/10/01
Date
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Region
Priority
Inspected By
Date
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JEFFERSO'tT COUNTY
DEPT. OF COMMUNITY DEVEL.OPMENT
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REGION 6 JEFFERSON COUNTY AMENT
DELORME ATLAS PG 94 C2
USGS QUAD 4812227 PORT TOWNSEND NORTH
MCCURDY POINT BALD EAGLE TERRITORY (OCCURRENCE 384)
OTHER SITES (IF PRESENT) SHOWN FOR REFERENCE. SEE REVERSE FOR AVAILABLE HISTORY.
COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD ,MAP AND REPORT INCONSISTENCIES
5332000 N
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5330000 N
1000
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2000
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MAP SCALE 1:24,000 MAP PROJECTION: STATE PLANE SOUTH DATUM: NAD27CONUS TICS: UTMZONE 10T
WHEN ADDING NEW LOCATIONS OR CORRECTING OLD LOCATIONS, PLEASE MARK TO SCAlEI
(FOR EXAMPLE, 1116" = 125 FT' = THE WIDTH OF THE = SIGN)
IF YOU ARE USING A GPS UNITWrrHTHIS MAP, SET THE DATUM TO NAD27 CONUS
SOLID UNE SHOWS PHS HABITAT POL VGON. POL VGON EXTENDS OUTSIDE DISPLA veo MAPEXTENT.
384-1 MCCURDY POINT
LASTOBS: 19910613
48 08' 06" 122 50' 06"
384..2 MCCURDY POINT
LAST OBS: 19990413
48 08' 06" 122 50' 06"
T31 N R01W 832 BALD EAGLE NEST TREE \MTH BROKEN TOP. NEST ON LIVE LIMB ON WEST SIDE OF BOLE.
MCMIllAN, A.. WOW D1FRCUlT TO SEE.
UTM 512260 E5331132 N
T31N R01W 832 BAlD EAGLE NEST, lOCATED IN TOP OF SUBDOMINANT GRAND FIR.
AMENT S. WDFW OCCPR
UTM 512262 E 5331052 N
Other sites ...
HAlE 542
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JEFFERSON COUN"I} '..I~
OEPT. OF COMr.~UN\TY OE\~.~OP~~~
FIGURE 2Q The location of the McCurdy Point bald eagle n
MCMINN BALD EAGLE TERRITORY
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DEPT. OF COMMUNITY DEVELOPM NT
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FIGURE 3. The location of the Sweeney property and the bald eagle Nest Tree #2..
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