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HomeMy WebLinkAbout821103009 Eagle Mgmt PlanOct 11 02 01:34p Shell~l p.2 Rment 360-681-4276 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 Property, Ann and John Arscott Tax Parcel #821 103 009, Township 28 N, 671 Rainier Lane Range 1 East, Section 10, NE ¼ of SW ¼, P. O. Box 65410 Jefferson County, Commonly known as Po~ Ludlow, WA 98365 Lot 7 of Tala Point Development. Pending, ActiviBr Residential development. Mitigation for clearing without an approved Bald Eagle Managemem Plan. FACTORS CONSIDERED 1) Landowners goals were considered through a review of proposed site development. One site visit was conducted on the property with the landowners on September, 6, 2000, after they were notified by the county that a Bald Eagle Management Plan would be required for the property. During this site visit recommendations were made to allow development while protecting the significant eagle habitat on the property. No specific site development plan was reviewed during this initial meeting. Another site visit was conducted on the property on October 8, 2002 to review the recent clearing which had occurred on the property. The landowners, their contractor Bob Cornelia, WDFW Law Enforcement Agent Phil Henry, and WDFW Wildlife Biologist Shelly Ament were present for this meeting. The finalized site development plans were reviewed during this meeting. A few phone conversations were conducted with the landowners to review the proposed development. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, a review of other eagle plans developed for the territory, and the current status of the population and scientific literature concerning bald eagle habitat protection. BACKGROUND T'~.e 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 development. The Washington Department of Fish and Wildlife (WDFW) has been monitoring this territory since 1983. A total of four different nest trees have been documented in Oct 11 02 01:3~p Shell~ Rment 360-681-~276 p.3 the territory (Figure 2). Nest tree #1 is located on the eastern 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 tree that was reported as d~Sng. The nest produced two young in 1983 and one young in 1990. During the windstorms in December 1990, the top of the tree broke offbelow the multiple top. Landowners in the area reported an osprey nested in the tree in 1989 and there appeared to be competition hetween the osprey and eagles for the nest site during 1990. A nest structure did exist on the broken top of Nest Tree #I. 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 tree. A total of sevea young were produced in this nest fi.om 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 ne~ occupied by a pair of osprey was documented in this tree. Nest Tree #3 was discovered on the we,stem side of Tala Point during the 1993 aerial survey. This nest was located on the top of a double-topped grand fir tree which is within 100 feet of two houses which had been recently constructed. No young were produced at the nest during the 1993 nesting season. During the 1994 and 1995 nesting seasons a single young eaglet was produced in this nest tree each year. An adult eagle was observed in incubation posture on this nest on April 13, 1996 but it was later confirmed that the eagles failed at their nesting attempt. This nest has been destroyed and there is currently only a few recant sticks remaining in the tree. The Tala Point bald eagle pair constructed Nest//4 prior to the I997 nesting season. This nest was documented during an aerial survey conducted in April of 1997. The nest tree is located on the west side of Tala Point, approximately 1/2 mile southwest of the location of Nest Tree #3. This nest is located along the shoreline in a dominam broken-topped Douglas fir tree. The WDFW observed an adult bald eagle in incubation posture on this nest during the 1997 aerial survey. One young was produced at the nest during the 1997 nesting season_ The WDFW documented that the bald eagle pair had failed at their nesting attempts at Nest/64 for the 1998 and 1999 nesting seasons. The eagles were confirrmd nesting in Nest #4 during the 2000 nesting season. On Jun 15, 2000 it was confirmed bx' WDFW that one eaglet was successfully produced at the nest. During the 2001 and 2002 nest~g seasons, Nest//4 was documented as the active nest. Two young were documented in the nest during the 2001 season. Due to funding constraints the WDFW was unable to conduct an aerial survey in June of 2002 so thenumber of young produced at the nest for this season is unknown. In February of 1999, John and Ann Arscott, then living in Franklin Lakes, N. J., purchased a 2 acre parcel of property known as Lot 7 on Tala Point in Port Ludlow, WA (Figure 3). The high bank waterfi'ont lot is located at the northern tip of Tala Point. During the process of trying to obtain a septic permit in September of 2000, they were referred to the Department ofFish and Wildlife for consultation about a Bald Eagle Management Plan. Consultation with WDFW took place at that time, and the specific conditions of the management plan were to be worked out after a specific development proposal was submitted for review. A site visit was conducted on the property in September of 2000 to initiate discussions on site development. The parcel owned by the Arscotts is actually located approximately 330 feet northeast of documented Bald Eagle Nest Tree #3. The lot was undeveloped and contained a fairly dense mix of both deciduous and conifer Oct 11 02 01:35p She11~ Ament 360-681-4276 trees. Some large mature Douglas fir and big-leal'maples were present on the property. There was dense under story vegetation throu~out the entire property. Critical perching habitat, which is used by bald eagles for foraging, has been documented along the shoreline of the property. ~her significant eagle habitat that exists on the property includes the buffering habitat around the nest tree and all screening vegetation between the nest tree and any proposed home location. The lot located directly east of the property contains a single family residence. The lot to the west of the property is presemly undeveloped. In March of 2002, the landowners initiated plans for development of the property. A septic system was engineered for the property, as well as a water runoff'system. Geo-tech engineers deterc, fiaed a very limited "building envelope" at 150 feet back from the bluff. They also detem~h~l where septic and hydro engineering should be located on the property. The landowners are proposing to install a short driveway on the property, which will initiate from the cu~:~sae az the end of East Ludlow Ridge Road. They are proposing to construct a 3 bedroom single-family residence with an attached 3-car garage on the property (Figure 4). In July of 2002, in the mi.4nformed belief that the Bald Eagle Management Plan was no longer necessary, and prior to filing a permit application, the owners eleared the property of trees and brush in the area of proposed home site/garage, septic system, and storm water drainage. The clearing was conducted prior to the mutual development ora Bald Eagle Management Plan with WDFW. After all site development plans were thus complete, the landowners submitted building permit appLications to the Jefferson County Department of Community Development. They learned of their error in believing that Bald Eagle protection was no longer in effect and agreed hence forth to consult with WDFW on any further removal of trees. The landowners met on site with WDFW representatives on October 8, 2002 to review the clearing which had occurred, discuss proposed mitigation, and develop conditions for the required management plan. After home construction has been completed, the landowners will purchase and plant a large number of native species trees, particularly on the down slope area of the hydro drainage plan, now cleared for this installation. The WDFW recognizes that the landowners had a very limited area for home construction and did not excessively clear any critical bald eagle habitat. They have exhibited a desire to protect the local eagle pair and the remaining significant bald eagle habitat that is located on the property. The intent Of this plan is to allow for the proposed development of the Arscott property while maintaining the long-term integrity of the documented Tala Point Bald Eagle Territory. A conc~-~m of the WDFW is the protection of the buffering habitat around the nest tree, bald eagle perching habitat, and potential alternate nest trees which exist on the property. Previous land clearing may have removed valuable buffering habitat around the nest tree and known bald eagle perch trees or potemial nest trees. The clearing could have also increased the risk of blow-down to the nest tree and adjaeem significant habitat. Timing restrictions will be recommended to mirfimize disturbance during the bald eagle breeding and nesting season only if an active bald eagle nest is documented within 800 feet of the proposed development project. The plax~ting of conifer seedlings will insure replacement trees for habitat previously removed, along with providing supplemental buffering of the nest tree and future bald eagle habitat. A contribution from the landowners to the WDFW bald eagle aerial survey account will allow for essential monitoring of the eagle population in Jefferson County. ~ct 11 02 01:35p Sh~ll~ Rm~nt 360-681-~276 p.5 CONDmONS The following conditions apply to protect bald eagles and their habitat: 1) The proposal to install a new driveway and septic system on the property, as shown on the site developmem plan, shall be allowed (Figure 4). 2) The proposal to construct a new 3-beclroom residence with an attached 3-car garage on the property, as shown on the site development plan, shall be allowed (Figure 4). 3) All remaining trees located on the property shall not be damaged or removed. (Cleating for the driveway, septic system, building/garage envelopes, and a storm-water drainage pipe has already been completed). * Exceptions: a) The identified big-leaf maple stump with new growth, which is located directly east of the building envelope, may be limbed to obtain a water view. Efforts should be made to not damage the western red cedar located adjacent to this tree. b) The selective removal of deciduous trees, conifer trees < 8 inches diameter at breast height (DBH), and under story vegetation located north of the building envelope shall be allowed to achieve and maintain water views fi.om the home site. Conifers trees > 8 inches (DBH) may be selectively limbed. No more than 30% &the live crown of a conifer shall be removed. b) The landowner and WDFW shall meet on site to review the specific proposal to remove shoreline trees and limbing for views prior to any further tree alteration. 4) 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 ha?ard trees is granted. A tree that presents imminent danger to the safety or property of individuals may be removed without a report. 5) It is recommended that no heavy equipment operation, clearing, tree cutting, or outside home construction shall occur during the bald eagle breeding and nesting season fi.om February 1 - August 15 of any given year only ifa new bald eagle nest is documented within 800 feet of the proposed development. * Site clearing and project developmem may proceed during the period February 1 - August 15 if the WDFW does not confirm the presence of a new active bald eagle nest within 800 feet of the project. Ifa new nest is documented, WDFW will evaluate to determine if timing restrictions will need to he recommended. Oct 11 02 01:36p Shell~ Rment 360-681-~276 p.6 6) The discharge of firearms, fireworks, or explosives is probSbited during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. 7) As mitigation for clearing the property prior to obtaining a Bald Eagle Managemeat Plan the landowners agree to the following: a) A total of four dozen (48) live conifer tree seedlings shall be established on the property. The seedlings shall be: - At least 2.0 age class. - A mix of grand fir, Douglas fir, and western red cedar. - Planted within one year of borne completion. - Planted in areas that shall be determined by the landowner. b) The landowners shall provide WDFW with a $250.00 contr~ution to the bald eagle aerial survey budget account for Region 6. The WDFW shall provide the landowners with the proper forms and direction on how to provide this coatn'bution. The contn'bution must be received by the WDFW Accounting Office by January !, 2003. JUSTIFICATION The landowner was granted approval to develop within 400 feet of the nest tree due to the fact that the nest tree is actually located within 400 feet of the property. The use of previously cleared areas on the property allows for the minimal removal of remaining significant eagle habitat. The WDFW will work with the landowners to allow future water views. Timing restrictions are not im;lemented since the Tala Point eagle pair have nested for the past three years in an alternate nest > 800 feet from the property. There are only a few renmant sticks presently in Nest Tree//3. The landowners will be planting conifer trees and other screening vegetation to improve the bald eagle habitat. 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 remm to the same traditional use areas each year, the condkions of this plan shall apply indefinitely tmless a breeding territory has been unoccupied by a breeding pair of bald eagles for 5 consecutive years. If the breeding territory is unoccupied by a bald eagle pair for 5 consecutive years, then the WDFW biologist and the landowner should evaluate the continued need for protection of the bald eagle habitat. ~: Oot 11 02 01:3Gp Sh~ll~ Rment 360-681-~276 p.? If an eagle does not show signs of incubating eggs by May 1, then the recommended timing restrictions do not apply for that year. Surveys shall be done by a qualified wildlife biologist. Please contact the WDFW tithe 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 rev/ewed periodically by the Washington Depathnent offish and Wildlife (WDFW) to determine whether: 1) the plan requires ~nt 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 tenus. APPEAL PROCE1)URE 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 w/th the Department within 20 days of receipt of the contested WDFW decision. The appeal request shaI1 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. However, compliance with this plan does not ensure compliance with the Endangered Species Act or other federal, state or local laws. 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 offish and Wildlife (WDFW) of any new proposed land use activities. Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department ofFish and Wildlife, P.O. Box 1933, Seqnim. WA. 98382. (360) 681-4276. Oct 11 02 01:36p She11~l Rment 360-681-~276 p.8 F~?' : F~ NO. : Jul. 2'? ~1 ~:1~ P1 Oc~ 10 O~ ll:4~a ~hell~ ~ment 360-6~1-~27G p.1 W/~SF[INGTON STATE DEf',.~R,'fM~NT OF FISH and WILDLIFE Btid F~t~_ie f~itc~M~n_~mtnt ~ On behalf of the people of the Slate of Wa shirt, on, to which its w'~clljfe be~onj~, the b~whg ~~ is hcre~ ~n~ f~ t~ pu~ O~ p~ng ~Id ~a~ and t~ ~e ~ ~ W~i~ Sm~ ~~ ofFkh ~d WiWlffe n~ to the ~afion ~mr~ ~n~ m ~he n~tnch~ Si~ M~e~ut ~le ~mmc: Tab ff~ ~9 '[*~c StAte of WasltJn~mt, Department of Fish and Wll~ifc Date .~. _ R~ Co~ rFior~, iuspect~d By Date Oct 11 02 01:37p Shell~ Rment 360-681-~276 p.9 FIGURE 1. The location of the Tala Point Bald Eagle Nesting Territory Jefferson County FIGURE 2. The location of the Tala Point bald eagle nest trees. FIGURE 3. The location of the Arscott property within the Tala Point Bald Eagle Territory and the location of bald eagle Nest Tree #3. :.~ FIGURE 4. The proposed site development plan for the Arscott property. NEST TREE PROPERTY