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HomeMy WebLinkAbout821103011 Eagle Mgmt PlanWASHINGTON DEPARTMENT OF FISH AND WILDLIFE B~T,D EAGLE SITE MANAGEMENT PLAN RCW 77.12. 655 WAC 232-12-292 EAGT~ TERRITORY: Tala Point %689 Applicant Carroll Silvera 1300 E. LUdlow Ridge Rd. Port Ludlow, WA 98365 Property Tax Parcel %821103011, Tala Point, Township 28 North, Range 1 East, Section 10, Jefferson County Pending Activity Residential development - installation of a septic system and construction of two homes. 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 and the builder 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 development. -The Washington Department of Fish and Wildlife '(WDFW) has been monitoring this territory since 1983. A total of three different nest trees have been documented in 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 (Abies qrandis) 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. Carroll Silvera owns Lots .#14 and #15 on Tala Point. The property is accessed by East Ludlow Ridge Road (Figure 3). She and her husband had purchased the 11.44 acres of high bank waterfront property in 1990. Site development of the property was initiated in 1990. A driveway was installed and major clearing of all vegetation in a large area in the upper portion of the property occurred. Soil erosion resulted from the excessive clearing and the area was seeded with grass and clover. Carroll Silvera was recently divorced and is-now sole owner of the property. She is proposing to install a septic system on the lower portion of the property and construct a residence for herself in the upper eastern area of the lots (Figure 4). Following completion of this home a second home for her daughter will be constructed approximately 200 feet to the west (Figure 4). The property owned by Carroll Silvera is within the Tala Point Bald Eagle Territory. The area proposed for the construction of the residences is approximately 840 feet south of Nest Tree #3 (Figure 3). A group of maple trees and one cedar tree will need to be removed for construction of the Carroll's home. The site for the septic system and the second home has previously been cleared. The nest tree can be viewed from a location on the lower area of the property but a dense screening of deciduous trees and some conifer trees exist between the nest tree and the proposed project locations. The concern of the Washington Department of Fish and Wildlife is that previous land clearing may have removed valuable bald eagle habitat. Significant shoreline perching habitat does still exist on the property. It is essential to protect perching habitat, .potential future nest trees, and minimize ~the risk of blowdown to the remaining significant habitat. The purpose of this ~c-- management plan is to allow for the proposed site development while maintaining the long term integrity of the nesting territory. Reforestation of the property will mitigate for the previous excessive clearing of the property and pro.vide future eagle habitat. CONDITIONS The following conditions apply to protect bald eagles and their habitat: 1) The proposed installation of a septic system andthe construction of two homes on the property shall be allowed. 2) Ail remaining trees on the property shall not be damaged or removed. * Exceptions: - The 12 maple .trees and 2 cedar trees within the building envelope of Carroll's home may be removed. - The two diseased mapl-e trees located in the northeast corner of the property may be removed. 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, provide driveway clearance, and maintain the existing trail to the beach. No more than 30% of the live crown of a conifer'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. "~- 7) A total of 200 live conifer tree seedlings shall be established on the property. The seedlings shall be: - At 'least 2.0 age class. - A mix of Douglas fir, grand fir, cedar, and other firs. - Planted within 1 year of completion of the second home. JUSTIFICATION Timing restrictions during the bald eagle breeding and nesting season will not be implemented for the proposed development. A dense stand of trees exists between the project site and the nest tree. The property slopes from the east to the west and the nest is not visible from the development site. 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 traditiohal 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. CO~fPLIANCE 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 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: Tala Point #689 Legal Description of proposed project: T28N, RIE, Section 10 The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. . ~_~wner (Signature) Phone Number Landowner (Print) Address City, State, Zip The State of Washington, Department of Fish and Wildlife . Date . Director /~egional Ecosystom Wildlife Biologist Prior~ty Date Region County Inspected By Date HooO cAlak' - 821103006 TAX 10 ~.95 o. 821103008 TAX 12 2.28 o. 2 Ch. 821103010 TAX 19 1/17'TH INT 'iL 2.74 (3. 82110301.3 TAX 16 1/17TH INT TL 3.12 (3. i]21103005 TAX 9 .4.66 (3. N 82110~003 TAX 6 & 'IL TAX G .4-.92 a. 821103012 TAX 21 3.51 o. 821103002 TAX 1 2/17TH INT iN 'IL :7.40 o. -~E) / / / / / / / 821103009 TAX 13 2.09. o. iI I / 821104008 TAX 14 .4.28 o. 82110.3007 TAX 11 .4.58 (3. 821104O06 TAX 18 1/17TH INT TL 5.51 o. C) ~.0O¥0q, l~o I 82. o4oo7:Ax 8 ~ I ~/~TTH ~NT TL W~,S I .~.,o o. 821104005 TAX 17 .4.39 .. 821104oog TAX 15 1/17TH ~NT 'rt_ .4.80 a. 82110400~ TAX 7 & ~ TAX I 2.26 ,3. (NE 1/4 15-28N-1E) SILVERA. _ {t/~'//J NEST PROPERTY -~ TREE 3 Ch. Figure 3. Silvera property on Tala Point and the location of bald eagle Nest Tree #3. Figure 4. Site development plan for the Silvera property. LINE- ,,4 D J dS TA"I ~A I T /_ ,.Sit VE,~A "--' Z.'----- NORTHWESTERN TERRITORIES, INC.