Loading...
HomeMy WebLinkAbout998200323 Eagle Mgmt PlanRECE VED JUL O~ 2003 ,iE[[ERSIIN CQtJNTY BCD 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 15 The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. .: La,owner (S~gnature)' 2) ,J~,~j ~~ Landowner (Print) 7/4 Phone Number Address City, State, zip The State of Washington, Department of Fish and Wildlife nal.Wzldlife Program Manager ~ '' Biologist Date Priority Date Region County Inspected By Date BALD EAGLE SITE MA/~AGEMENT PLAN RCW 77.12. 655 WAC 232-12-292 EAGLE TERRITORY: Tala Point %689 Applicant Edward and Joan Foster 12192 Emrys Ave. Garden Grove, CA 92640 Property Tax Parcel %998200323, Tala Shores %3, Lot 24, Township 28 North, Range 1 East, Sec. 15, Jefferson County Pending Residential development. FACTORS CONSIDERED 1) Landowners goals were considered through a review of the septic system permit application and site plan. Various conversations were held with the landowner who presently lives out of state and a site visit was conducted on the property. 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 1.983. 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 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 (Pseudotsuqa menziesii). A total of seven young were produced in this nest from 1'984 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, however, nearby landowners reported observing new sticks 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 presently under construction. A single young eaglet has been produced in this nest tree for the past two nesting seasons. Mr. and Mrs. Foster own Lot 24 within the Tala Shore #3 Plat, along Tala Shore Drive (Figure 3). The ,645 acre waterfront parcel is within the habitat area used by the Tala Point bald eagle pair. Bald eagle Nest Tree #2 is located.approximately 1000. feet north of the property. The Foster's have owned the property for nearly'ten years. They intend to install a septic system on the property and construct a 1500 square foot home with a garage within the next few years (Figure 4). Most of the property has been cleared in previous years and a driveway presently exists on the property. The lot presently contains a mix of alder, maple, and cedar trees with blackberry shrubs as the common understory vegetation. The most significant eagle habitat has been removed from the property but'a few small grand trees are located near the property boundaries. A cedar tree, approximately 40 feet tall, is located in the proposed building envelope. The concern of the Washington Department of Fish and Wildlife is that previous land clearing on the site may have removed known perch trees or potential nest trees. The clearing alsO increased the risk of blowdown-to remaining .habitat. The purpose of this management plan is to allow development while maintaining the- integrity of'the nesting territory. Reforestation of the site will enhance the habitat and provide future perching habitat. CONDITIONS , , , The following conditions apply to protect bald eagles and their habitat: 1) Ail remaining conifer trees shall be retained on the property except for trees inside the path of the driveway, home foundation, septic system, and well site. * Special note - Efforts shall be made by the landowner to protect and prevent damage to any grand fir trees which presently exist on the property. 2) Danger trees may be removed if trees area 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. 3) The limbing of conifer trees and the removal of deciduous trees along with understory vegetation shall be allowed to maintain water views and provide driveway clearance. 4) Timing restrictions shall be implemented if an active bald eagle nest is located within 800 feet of the Property. No heavy equipment operation, driveway construction, outside home construction, well/septic installation, or burning shall occur during the bald eagle breeding.or nesting season from February 1 - July 15 of any given year. Special note - No timing restrictions apply at this time. The WDFW shall notify the landowner if a new nest is documented within'800 feet of the property. 5) The discharge, of firearms, fireworks, or explosives is prohibited during the bald eagle breeding and nesting season from February~l - July 15 of any given year. 6) One dozen (12) live grand fir tree seedlings shall be established on the property. The seedlings shall be- -~ - At least 2.0 age class. - Planted within two years of home completion. 7) 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 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. 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 WDF&W 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 WDF&W-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 (2). 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. The conditions of this plan do not supersede local, county, state, federal, or other regulations that are related to environmental protection. It is the responsibility of the landowner to assure' that the.appropriate permits are obtained and to 'address concerns other than bald eagle habitat Protection. Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department of Fish and Wildlife, P.O. Box 1933, Sequim, WA. 98382. (360) 681-4276. 35 45'I 1 45O 1 13 ',~ soo R 2 E 35 19 ~ash Figure 1. The location of the Tala Point Bald Eagle Territory Jefferson County FOR SALE BY -:TSKER. CIVIL ENGINEER ~LDG,.~ pORTLAND. OREGON REET, TACO~A WASH..INGrOe,i 6 .\ TA~ BONNIE R. GAINER RWu~Et~ ~OH~SOrt ~.E. TOEPDER, PO~£ I~, rALeOT INC,,. PoPE ~ TALBO~ poPE ~,~"~Ta 5ch<~l t~-45 . - .. %,% Nest ;-;'.,:...;.:..:% .~ .; '/ -.-... -.'....% ~ ,,~ :~-:'.". ......... : ~ : ' , '. . . . ..',:. . ;-'4 '- .. - ...'.-=. .'. ::.i T~;la Poi n~c ;L;'. ~.um. ow -D ) .-::.' CAHe~EL~ Nest #1 ~ Nest #2 Pope FIGURE 2. The location of the Tala Point Bald Eagle Nest Trees. PoPe. ,& ,TTED TALA SHORES NO. 3 / SHEET 2 OF-2 PORTION OF GOVERNMENT LOTS 5 AND 6, ~-EG. I§, d E FFERSON COUNTY, UttPLATT£D / ..~z~. e]... / · -..--. 28 36 Zq4.q~ °*"'"B9 z?o.~ 29 27 26 25 23 1 o. 20 PUBLIC ACCESS T. 28N, RIE,¥ WASHINGTON ,4LL M~N ~Y ~ also t~ r~hr~ d~in oil ~ FOSTER' PROPERTY SCALE I-I00 Mr COMJ(/P3/OW £X~RE~j O~ DESCRIPTION Thi~ Plot o£ Tolo Shores 28 N, Rooge I E., ~ /vl. ~n~ 28 H, Rang~ 7~, 7~. 7b ft to a ~ue po/n/ lmo of 6~e~ment L ok 5; ~/~ 15 ~ t~ tr~ Figure 3. Foster property on Tala Shores Drive. III l j d-.'4=: c-::.::-1 !.--i I "~-'- -~: , i I .-~ ' - ~ I J . . ..~ .... t,"' :'~ '~'.. ". i ~_, . , ~-- ~ '~' .:.-~ . I.. ~.'.. :- .: ...... ~ -~ .... I---I"- I I : ~ ~ i ~ i I i ~ ...., . ~_.:..... I .... ~ ..... '.. ~.. : .~ I ...... ~ --. J - - -. J I J.I i !--f i I I i ~ .... :--j~--:-'~",--I .... ~ 'I'_ I- : ]":-]"i"l-"ll"i-i [ i [..:.. [ .... ~._ [..i_..~_.l.. ., , . : , .., ~m~I ~--~ .... ,-'"~ ~- ] ...... i" ~'-i ..[. J : : ,.i : I : ~ : -. - i .... : '~' i":-'['-'i-'i : ' ' I I I [ ' :. ~ ..... i- :.-.h-l-: J . : ! j ! : ! I ._ .: _., ...... i._.[_..[_: .... ....: .... . ..: ..... ..-: .... , ....... l-.~-j.i ..i -: . .u _L . ..J i , ' I ~ : ~ ~-! l--~.-.J ' ~. -"i ~:" i' I ' '-'1 i !' : ~.. !..~...~_..i '""i-'i-! ~ / J I '-'J ~' i'"'::'i-.l'--I .... i-'l ~-'1 "1 ~_.~ [ .4-!:. l--l- I --I .... -I -! : : i I o . I : ~ I 1. ,. i. i !"'"-""" Figure 4. Site development plan for the Foster property. · 2-'- .... '," ':~i.*. ~'..':':;; ?-'i-t-'.-'. · . o..~.~-., ..-_-:'::~'~.-:".'~'-'" .... ".- :~'"..' ~ .-.': ' '~.'. ' ~ : '~ I;--: i.'i" --"