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Home My WebLink About977700026 Eagle Mgmt Plan WASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY: Nodule Point # 1227 David and Audrey Witsoe Tax Parcel ~ 977-700-026, Tomship 29 Noah, 506 Reiner Road R~ge 1 East, Section 42, SE 1/4 of SE 1/4, Nodland, WA 98358 Jefferson Count. Pendine Residential development. FACTORS CONSIDERED 1) Landowners goals were considered through a review of the proposed site development plan. A site visit was conducted with the landowner to review the proposed development on the property. The previous owner of the property was aware that a Bald Eagle Management Plan was required for the property prior to any clearing or development. The approval of a septic permit was a condition of the sale of the property and the new owners were advised for the requirement of a Bald Eagle Management 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. BACKGROUND The Nodule Point Bald Eagle Territory is located on the Marrowstone Island in Jefferson County, approximately 7 miles southeast of Port Townsend (Figure 1). The nest tree which has been documented within the territory is located just south of Nodule Point on the east side of the island (Figure 2). The Washington Department offish and Wildlife (WDFW) had observed bald eagles perching near Nodule Point for many years and was highly suspect that a nesting territory was located in the vicinity. The nest was first located by the WDFW during an aerial survey conducted in April of 1998. The nest tree is a live Douglas fir with a diameter at breast height (DBH) of 42 inches and approximately 65 feet tall. The nest is located on the broken bole of the tree. During the WDFW aerial surveys conducted in April for the years 1998 - 2001 the territory has been documented as active. An adult bald eagle was observed in incubation posture on the nest. The WDFW conducted an aerial survey in June of 1998 and confirmed that the eagle pair had failed at their nesting attempt. No young were produced at the nest that season. Productivity surveys were not conducted in 1999 so the number of young produced at the nest is not known for that year. One young was produced in the nest during the 2000 nesting season. ~The WDFW confirms that at least one young was produced in the nest during this past nesting season,;~:-An ............... adult eagle was observed bringing a prey item to the nest during the site visit for '~v, etOl~g~'.t~:[$.i ¥ plan. Both adults were observed within the vicini~ of the nest during the site visit. A review of the existing habitat Mthin the Nodule Point Bald Eagle %~to~ has been conducted d~ng aerial sumeys and ~ound visits to the area. ~e Nodule Point vicini~ contains some of the last remaining comi~ous blocks of timbered land on Ma~owstone Island. Residential developmem has occu~ed on many of the wate~ont parcels within the te~to~. Both young mature mixed forest and pockets of older mature coniferous forest are present Mthin the te~to~. ~e dominant trees in the area are cedar, hemlock, ~and fir, red alder, and Douglas fir. Multi- layered canopies, well developed s~b and forb co--unities, snags, numerous large logs and large live trees are some of the diverse habitats found ~thin the matte forest. ~e bald eagle nesting stand and the su~ounding ~ea provide valuable habitat to many other wildlife species. ~e marine bluff area east of the nest area provides si~ificant bald eagle perching and foraging habitat. Excellem foraging oppoRunities are present along the shoreline and many bald eagle obsemations have been docmemed ne~ the Nodule Poim vicini~. Both adult ~d sub-adult bald eagles are kno~ to perch within the Nodule Point area during all months of the year. David and Audrey Witsoe purch~ed a 1.68-acre p~cel of water~ont prope~ within the Nodule Poim Bald Eagle Te~tou located on the e~tem shore of M~owstone Isled in December of 1998 (Fig~e 3). ~ey had been advised by the real estate agent that a building timing constraint of "April to June" w~ in place due to the presence of a bald eagle nest several lots no~h of the prope~. ~e Witsoes agreed to continue with the p~ch~e of the prope~ since that timing constraint seemed acceptable given the oppo~ni~ to co-exist with local bald eagles. No additional info~ation on the need or conditions of a Bald Eagle Management Pl~ had been provided prior to p~chase. The previous omer had applied for ~d obtained a septic pe~it for the prope~ ~ a condition for the sale. The septic pe~it approval was grated ~om ~FW ~th agreemem ~om the l~domer that no tree removal, cle~ng, or development would occur on the prope~ until a Bald Eagle Managemem Pl~ had been developed ~d signed. ~e Witsoes ~e proposing to build a two sto~ home with aRached g~age ~d a sep~ate workshop/g~age on the prope~ (Fig~e 4). They also imend to install a modified septic system as shorn on the site pl~. The buildings will be 600 R. ~d 525 ~. respectively ~om the documemed nest tree. ~e buffer between the nest ~d proposed building sites consists of densely wooded, ~developed l~d. The nest tree is not visible ~om the location of proposed stmct~es on the Witsoe prope~. Construction pe~it applications for the workshop/g~age ~d a modified septic system have been submiRed to the Jefferson Co~ DepaRment of Communi~ Development. No trees need to be removed for either the workshop or the modified septic system. Placement of the proposed buildings on the prope~ is constrained by the required setback ~om the bluff ~d the locations of acceptable septic drain fields. Locations of the drain fields have also been selected to avoid interference ~th 3 l~ge ced~ trees and 2 l~ge Douglas fir trees. The property is populated with a variety of large cedars, Douglas fir, and hemlock trees. The site plan (Figure 4) typify some of the population. The landowners have specifically requested to remove a large Douglas fir tree that is within the construction footprint of the propoSed.home.. - ~', Every effort was made to avoid removal of this tree including the deletion of a room fromthe house plan but the finalized determination of the required setback precluded any opportunitY., professional arbofist has advised that a second diseased fir and several alders also must be removed as they threaten the safetY of the home and workshop. To afford a view of the waterfront from the home the removal of some of the small deciduous and conifers trees < 6 inCh:~ diameter at breast height (DBH) is also requested. The limbing of larger trees, > 6 inch DBH by a professional arborist will be utilized to further the waterfront view. The landowners have worked closely with WDFW and have made a special effort to minimize tree removal for their proposed development. The WDFW certainly appreciates that the Witsoes ::ecognize 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 of 2001. They intend to construct the garage/shop initially and then construct the home site in the future. They will be moving to Washington in the future and will be permanent residents at Nodule 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 development 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 for garage construction and heavy equipment work during the bald eagle breeding and nesting season to minimize disturbance. The supplemental planting of conifer trees between the nest tree and the structures will enhance the existing buffer and provide future bald eagle habitat. The intent of this plan is to allow for the proposed residential development while maintaining the long term integrity of the Nodule Point Bald Eagle Territory. CONDITIONS The following conditions apply to protect bald eagles and their habitat: 1) The proposed improvement of the existing driveway and installation of a septic system on the property shall be allowed (Figure 5). 2) The proposed construction of a shop and a single family residence with attached garage as shown on the site development plan shall be allowed (Figure 5). · 3) All trees shall be retained on the property except for those trees in the path of the driveway, the septic system, and the building envelopes for the shop, garage, and residence. * Exceptions to Condition 3: a) The selective removal of conifer trees < 6 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) The identified danger trees (a diseased fir and leaning alder trees) near the proposed homesite may be removed. c) Future 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. 4) Timing restrictions are required as follows: - No heavy equipment operation (including site preparation, new foundation grading, trenching for utilities, and installation of the septic tank/drain field), clearing, tree removal, outside burning, or exterior construction on the shop shall occur on the property during the bald eagle breeding and nesting season from February 1- August 15 of any given year. - Exterior home and attached garage construction may occur during the bald eagle nesting season from February 1 - August 15th of any given year. The WDFW recommends that every effort be made to minimize disturbance during the sensitive egg incubation period from March 1 - April 30. (Timing restrictions shall not apply to interior construction of the shop, garage, or home.) 5) The discharge of firearms, fireworks, or explosives is prohibited during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. 6) 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 proposed structures. The trees shall be planted along the north property line (Figure 5). · . The seedlings shall be: '- - At least 2.0 age class. 4~/6~ - A mix of grand fir, Douglas fir, and western red cedar. -~ ~.~. - Planted within one year of home completion. ',~ 7) The landowners shall notify the WDFW if any perch trees are identified on the property. Perch trees shall not be damaged or removed. 8) No further subdivision of the property shall occur. JUSTIFICATION Timing restrictions during thc bald eagle breeding and nesting season will not be implemented for the exterior construction of the home and attached garage. A fairly dense stand of trees exists between thc homcsitc and thc nest tree. Thc nest is not visible from any location on thc property. Thc Nodule Point bald eagles have exhibited a higher than normal tolerance of human disturbance. The nest tree is located in close proximity to an existing driveway to a full-time residence along the waterfront. 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 of Fish 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 of WDFW 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. 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 notify the Washington Department of Fish and Wildlife (WDFW) of any new proposed land use activities. Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department of Fish and Wildlife, P.O. Box 1933, Sequim, WA. 98382. (360) 681-4276. 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: Nodule Point #1227 Legal Description of proposed project: T29N, R1E, Section 4 The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. Landownei~i~nat~re) Date Landowner~ (P~i'n't)' Phone Number Address L , , . City, ~tate, Z~lp The State of Washington, Department of Fish and Wildlife ~,,R~ional Program Manager~ Date Wildlife:Biologist Date Region CounW PrioriW Inspected By Date IPoint Wilson \ x ~ ~ STATE PARK '"'-- ._ ~ ~7 / ,,'Port frownsend x , Hudson ~ ~x ~ / x LAKE HANCOCK .... :~'i~ -'.. I I 19 ' Laj~oon · ~'oint I ~ .. .. ._ i ~ Ka/a Pt MYSTERY [ ['~ WHIDBEY . STATE 3 5 ~; PARK I' Point '; i; tl~j~/~ t~ .... Bush Point . -- ; '~ Point Kinney Point % ~ ° g 1 W 4s' I ~ssolR 1 E . .. FIGURE 1. The location of the Nodule Point Bald Eagle Territory Jefferson County REGION 6 JEFFERSON COUNTY AMENT DELORME ATLAS PQ 94 D3 USQS QUAD 4812216 NORDLAND NODULE POINT BALD EAGLE TERRITORY (OCCURRENCE 1227) OTHER SITES (IF PRESENT) SHOWN FOR REFERENCE. SEE REVERSE FOR AVAILABLE HISTORY. COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD MAP AND REPORT INCONSISTENCIES 523000 E , t ALE 91 ..~ ' . ,, ~ . .... .:' ' ,,Ii{ ' ~cc'" ':'~.:!'.... ( ~, ~ ' I .:,....~... '~_~. _.~;._.~, =.:,,-~=.~,.., 0 L.';.'., '~ I~?.~,; ' ' ' 0 / · , '~ ,. t~- ~...- ·~', :...*'"*'~,~"'*~,,. 1[ ' "]'. ;.ii..:. ~ ~ ~1 ~" , 0 -Ii TRE~ ~,~,,,, '. '.'.. , . .~ ,~_' ..... " I! \ i . " ., .,, :_? \ ~'~ ., BAY ' ~' " "'~'" .- '~] ~ ./ · ' '"" '? I! ,' '%- ~' " I /"~ ~;. ~lnt ' I ,:~i : - ~ , ..... ,.:,. ..... :..,.~ - ~ooo~ .... E 2 0 E ~P SCA~ 1:~ MAP PROJECTION: STATE P~NE SO~H DATUM: NAD27 ~NU8 TICS: UTM ZONE 10T ~EN ADDING NEW ~CATIO~ OR CORRE~ING O~ LOCATIONS, PLEASE ~ARK (~R ~MP~, 1/1~ = 12~ ~ = THE WIDTH OFTHE = S~ ~ ~ YO~ ARE USINa A a~ ~NE ~H THIS M~P, S~ THE DATUM TO NAD27 CONUS 9OMD UNE S~W~ PH~ HAB~AT POLYGON. 1227-1 NODU~ POI~ T2~N R01E ~4 ~ ~G~ N~T IN U~ SQUASHED-TOP DOUG-FIR, 65-~ ~T~~ 42 IN DBH. ~TO~: 19990413 ~E~,S.~~CPR N~TISLOCAT~ATTOPONBRO~N~LE. BRO~USEWiO~GET~MISB~N ~ 01' 53~ 1~ ~' 11" U~ ~18 E 531~608 N N~AND SHO~NE. ~her s~es ... ~ 984 ~O~TONE ~ ~G~ ~O~ FIGURE 2. The location of the Nodule Point bald eagle nest tree. REPORT ERRORS AND RETURN COMPLETED FORM T(3: Jennifer Broolahier. WOFW, 600 Cal=itolWavNorth. Olvn'eta. WA 98501-1091 ~...'/ ..... '"::'"; ~'~';~' ":~ ' B'li i ! 9.~7 o. TAX 102 .~.':':-.:':.-~i'::~.~,t REVISED ~ .[ .. . .... :. , '.~Z~;~ .., ~o. oo .... 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The locatio, of the Wit~oe prope~ a~d the bald easle ne~t tree, ~-':.;~¢:.... ., ~ i ' "'"' :/'??' ': ~ 9210440