HomeMy WebLinkAbout821104006 Eagle Mgmt Plan (0002)
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
BALD EAGLE SITE MANAGEMENT PLAN
RCW 77.12.655
WAC '232-12-292
EAGLE TERRITORY: Tala Point #689
Applicant
Jay and Kristine Britton
1300 E. Ludlow Ridge Rd.
Port Ludlow, WA 98365
Property
Tax Parcel #821104006, Tala
Point, Township 28 North,
Range 1 East, Section 10,
Jefferson County
Pending Activity
Driveway extension and addition/remodel to existing residence.
FACTORS CONSIDERED
1) Landowners goals were considered through a review of the
building permit application and site development plan. A site
visit was conducted on the property with the landowner to review
the proposed project.
2) Bald eagle habitat use was considered by analysis of territory
integrity through time, current surrounding habitat conditions, a
review of the existing management plans for the area, potential
for blow down, current status of the bald eagle population and
scientific literature concerning bald eagle habitat protection.
BACKGROUND
The Tala Point Bald Eagle Nesting Territory is located in
Jefferson County, east of Port Ludlow along the Hood Canal
(Figure 1). The recent history of the Tala Point territory has
been one of conversion from a semi-remote timbered peninsula to a
increasingly subdivided area where a considerable portion of the
suitable bald eagle habitat has been altered by timber clearing
and residential developm~nt. . The Washington Department of, Fish
and Wildlife (WDFW) has been monitoring this territory sinte
1983. A total of three flifferent nest trees have been documented
in the territory (Figure 2). Nest tree #1 is located on the
easterri side of Tala Point, 4000 feet south of the northern tip
of the point. The nest tree is 600 feet west of the shoreline
along the Hood Canal. This nest was first reported in 1983. The
nest tree is a grand fir (Abies grandis) that has recently died.
The nest produced two young in 1983 and one young in 1990.
During the windstorms in December 1990, the top of the tree broke
off below the multiple top. Landowners in the area reported an
osprey nested in the tree in 1989 and there appeared to be
competition between the osprey and eagles for the nest site
during 1990. A nest structure presently exists on the broken top
of Nest Tree #1. An osprey pair nested in this nest during the
1994 and 1995 nesting seasons. Nest Tree #2 is located
approximately 300 feet south and slightly east of Nest Tree #1.
This nest was also reported in 1983. This nest was located in
the top of a Douglas fir (pseudotsuga menziesii). A total of
seven young were produced in this nest from 1984 to 1992. During
the annual survey for eagle activity on April 14, 1993 the nest
was no longer present in the tree. In September 1995, nearby
landowners reported observing new sticks in this tree. During
the April 1996 aerial survey a new nest occupied by a pair of
osprey was documented in this tree. Nest Tree #3 was discovered
on the western side of Tala Point during the 1993 aerial survey.
This nest is located on the top of a grand fir which is within
100 feet of two houses which have been recently constructed. A
single young eaglet has been produced in this nest tree for the
past two nesting seasons and an adult eagle was observed in
incubation posture on this nest on April 13, 1996.
Mr. and Mrs. Britton own Lot #5 on Tala Point, which is accessed
by East Ludlow Ridge Road (Figure 3). They have owned the 5.5
acre high bank waterfront lot since 1989. A driveway, septic
tank with drainfield, and a residence had been previously
developed on the property. A garden area has also been
previously cleared on the lot. The Britton's have used the
property as a second home for the past six years. They propose
to lengthen the driveway, construct an addition on to the
existing home, and complete some remodeling of the existing
residence (Figure 4). They will permanently move into the
remodeled home in the future.
The property owned by the Mr. and Mrs. Britton is within the Tala
Point Bald Eagle Territory. Minimal tree removal has occurred on
the property and significant bald eagle perching/foraging habitat
exists on the lot. The area proposed for the addition to the
residence is located approximately 625 feet southeast of Nest
Tree #3 (Figure 3). Understory vegetation will be cleared for
the driveway and only a few small alder trees will need to be
removed within the building envelope. A dense screening of cedar
and alder trees exists between the nest tree and the project
location. The property slopes to the east and the nest is not
visible from any location on the property.
The concern of the Washington Department of Fish and Wildlife is
that any future land clearing or tree cutting will remove
valuable bald eagle habitat. It is essential to protect perch
trees, potential nest trees, and maintain a buffer around the
nest tree. Future clearing will also increase the risk of
blowdown to the remaining significant habitat. The purpose of
this management plan is to allow for the proposed home addition
while maintaining the long term integrity of the nesting
territory.
CONDITIONS
The following conditions apply to protect bald eagles and their
habitat:
1) The proposed driveway extension and construction of an
addition/remodel of the existing residence shall be allowed.
2) All trees> 12 inches diameter at breast height (DBH) shall
be retained on the property.
*
The Washington Department of Fish and Wildlife (WDFW)
must be contacted to review a proposal to remove any
trees> 12 inches DBH.
3) Danger trees may be removed if trees are identified as
hazardous by a professional forester/arborist. A written report
from the forester must be submitted to the Washington Department
of Fish and Wildlife (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) The limbing of trees and the removal of understory vegetation
shall be allowed to maintain water views and provide driveway
clearance. No more than 30% of the live crown of a tree shall be
removed.
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) Outside burning may occur during the bald eagle breeding and
nesting season February 1 - August 15 no more than once a week.
Burning shall be completed in a 55 gallon burn barrel or in burn
piles no larger than 4 feet X 4 feet.
JUSTIFICATION
Timing restrictions during the bald eagle breeding and nesting
season will not be implemented for the proposed development. A
dense stand of trees exi~ts between the project site and the nest
tree. The property slopes east from the nest tree and the nest
is not visible from any location on the lot. The Tala Point bald
eagles have exhibited a higher than normal tolerance of human
disturbance. They have successfully produced one young for the
last two nesting seasons while low impact outside home completion
activities occurred within 100 feet of the nest tree.
DURATION OF PROTECTION
This plan applies to the landowner who signs the plan. If the
ownership changes, the new owner 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 any eagle does not occupy a breeding territory and show signs
of incubating eggs by May 1 of any year, then the timing
restrictions do not apply. Surveys shall be done by a qualified
wildlife biologist to make these determinations.
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 77.21. 010.
This plan applies only to pending 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 OFFISH 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 descrLbed in the
attached site management plan.
Site Name: Tala Point #689
Legal Description of proposed project: T28N, RlE, Section 10
agree to the te~s of the Bald Eagle Site
s/r-/'1C
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Date
1) J c>.r P. B r ;+t~Y\
2) K(';s+tne. O. Br'++C>r1
Landowner (Print)
3bO -l-f3 7 - 077lj
Phone Number
1360 E, LuJ low )t,JJcKJ.
Address
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C1ty, State, Zip
The State of Washington, Department of Fish and Wildlife
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The location of the Tala Point bald eagle nest trees.
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Figure 3.
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bald eagle Nest Tree #3.
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