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HomeMy WebLinkAbout821103008 Eagle Mgmt PlanWASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY: TalaPoint #689 Applicant A1Ruhmann 443 BaycliffDr. Port Townsend, WA 98368 Property_ Tax Parcel #821103008, Township 28 North, Range 1 East, Section 10, NE 1/4 of SW 1/4, Jefferson County. Pending Activity_ Residemial development. FACTORS CONSIDERED 1) Landowners goals were considered through a review of the septic permit application and site development plans. One site visit was conducted on the property with the Mr.. Ruhmann prior to him purchasing the property. Another site visit was conducted to review the proposed site development. A few phone conversations were conducted with the Tilman Engineering staff who are assisting with the proposed project. 2).Bald eagle habitat use was considered by analysis of territory integrity through time, currem 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 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 ofFish and Wildlife (WDFW) has been monitoring this territory since 1983. A total of four c[ffi'erent 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 ofthe northem tip ofthe point. The nest tree is 600 feet west ofthe shoreline along the Hood Canal. This nest was first reported in 1983. The nest tree is a grand fir tree that was reported as dying. 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 between the' osprey and eagles for the nest site during 1990. A nest structure did exist 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/il. This nest was 'also reported in 1983. This nest was located in the top ora Douglas fir tree. A total of seven young were produced in this nest from1984 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 smwey. 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 1997 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 ~ mile southwest of the location of Nest Tree #3. This nest is located'along the shoreline in a dominant 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//4 for the 1998 and 1999 nesting seasons. The eagles were confirmed nesting in Nest//4 during the 2000 nesting season. On Jun 15, 2000 it was confirmed by WDFW that one eaglet was successfully produced at the nest. A1Ruhmann recently purchased a 2.28 acre parcel of property within the documented Tala Point Bald Eagle Territory (Figure 3). 'The property actually contains the grand fir tree which previously contained Nest//3. Mr. Ruhmann was notified by the previous landowner of the need to develop a Bald Eagle Management Plan with WDFW prior to any development of the property. He met with WDFW on the property to discuss proposed development plans prior to purchasing the lot. The lot is presently undeveloped and contains a fairly dense mix of deciduous and conifer trees. Although the nest is no longer present in the nest tree, the tree is still suitable to contain another nest and bald eagles continue to perch, on this tree. Other significant eagle habitat that exists on the property which is essential to protect is the existing buffer of trees around the nest tree and all screening vegetation between the nest tree and any proposed home location. The high bank waterfront lot also contains critical perching habitat which is used by eagles for foraging. A juvenile was documenting perching on the shoreline of the property during one of the site visits to the property. The landowner is now proposing development of the property. He has submitted. applications to the Jefferson County Department of Community Development. He is proposing to use an existing driveway on the property but will need to improve and provide gravel to this driveway. He is proposing to install a septic system and construct a single family residence with an attached garage on the property (Figure 4). Some trees will need to be removed for installation of the homesite and garage. Few trees will need to be removed for installation of the septic system. The landowner and consulting engineers have proposed a site development plan that requires minimal tree removal on the property. 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 Rulmmnn property while maintaining the long term integrity of the documented Tala Point Bald Eagle Territory. A concern of the .WDFW is the protection of the actual nekt tree, the buffering habitat around the nest tree, bald eagle perching habitat, and potential alternate nest trees which exist on the property. Proposed land clearing may remove valuable buffering habitat around the nest tree and known bald eagle perch trees or potential nest trees. The clearing could also increase the risk of blow-down to the nest tree and adjacent significant habitat. Timing restrictions may be implemented to minimize disturbance during the bald eagle breeding and nesting season only if a new nest is documented within 800 feet ofthe proposed development project. The planting 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. _.. CONDITIONS The following conditions apply to protect bald eagles and their habitat: 1) The grand fir tree located on the property which was documented to contain the Tala Point bald eagle Nest #3 shall not be damaged or removed. 2) The proposal to install a new driveway and septic system on the property shall be allowed (Figure 4). 3) The proposal to construct a new 3-bedroom residence with an attached garage on the property shall be allowed (Figure 5). 4) The landowner agrees to assume any and all risks resulting from the presence of proposing a structure near the bald eagle nest tree and will not seek authorization to remove the tree. 5) AH trees shall be retained on the property except for those trees in the path of the driveway, building/garage envelope, and septic system * Exceptions: a) The identified dying grand fir tree located northeast of the nest tree has been identified as a danger and may be removed. Caution should be shown to not impact the nest tree or its root system when the danger tree is removed. b) The selective removal of deciduous'trees, conifer trees < 8 inches diameter at breast height (DBH), and under story vegetation located north west of the building envelope shall be allowed to achieve and maintain water views from the homesite. Conifers trees > 8 inches (DBH) may be selectively limbe..d. No more than 30% of the live crown of a conifer shall be removed. c) The landowner and WDFW shall meet on site to review the specific proposal to remove shoreline trees and limbing for views prior to any tree alteration. 6) Future danger trees may be removed if trees are identified as hazardo~ b~ a professional 'forester 6r 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. 7) No heavy equipment operation,' cleating, tree cutting, or outside home construction shall occur during the bald eagle breeding and nesting season from February 1 - August 15 of any given year only if a new bald eagle nest is documented within 800 feet of the proposed development. Site clearing and project development 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. If a new nest is documented, WDFW will evaluate to determine if timing restrictions will need to be implemented. The WDFW shall contact the landowner if a new nest is documented within the territory. The landowner shall notify the WDFW if bald eagle nest building activity is .observed at the nest tree on the property or in the vicinity. 8) 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. 9) A total of two dozen (24) 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 home completion~ - Planted in areas that shall be determined by the landowner. 10) No further subdivision of-the property shall occur. 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 on the property. The'use of previously cleared areas on the property allows for the minimal removal ofremaining'si~ificant eagle habitat. The WDFW worked with the landowner to allow a building envelop that could allow a water view. Timing restrictions are not implemented since the Tala Point eagle pair have nested for the past four years in an alternate nest. There are only a few remnant sticks presently in the nest tree. 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,.. I~'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 conditions of this plan shall apply indefinitely unless 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 cominued 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 ifthe eagles change the location oftheir 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 ofFish and Wildlife (WDFW) to determine whether: 1) the plan requires amendment in response to changing eagle and landowner circumstances; or, 2) the terms ofthe 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 decisioru 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 offish and Wildlife (WDFW) of any new proposed land use activities. Plan drafted by Shelly Ament, Wildlife Biologist, Washington Department ofFish and W'fldlife, 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 Landowners 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, R1E, Section 10 The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. Landowner (Signature)/ Date Landowner (Prin0 Phone Number Address City, State, Zip The State of Washington, Department of Fish and Wildlife .~g[onal Program Manager " /oo Wildlif~iologist Date Date - Region County Priority Inspected By Date R1W 45' I 1 45o 550 R1E ', 1 50~ 33 1 13 FIGURE 1. The location of the Tala Point Bald Eagle Nesting Territory Jefferson County 689-2 689-3 r TALA POINT BALD EAGLE TERRITORY (OCCURRENCE 689) - MAP SCALE 1:24,000 OTHER SITE~ (IF PRESENT) SHOWT,,I FOR REFERENCE. COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD MAP AND REPORT INCONSISTENCIES HALE 689-1 'PAHA 928-1 689-2 0 1000 200o TALA POINT 1993O331 47 65' 12' 122 39' 11' TALA POINT 1993O414 47 ES' 12' 122 39' 11' TALA POINT 19960610 47 55' 44' 122 39' 40' TALA POINT 19980617 47 55' 12' 122 39' 64' Other sites ... PAHA 928 PAHA 756 T28N R01E S15 SEOFNE BALD EAGLE NEST, LOCATED IN DOUBLE TOP TREEW OF SMALL FIELD W/BUILDINGS. WAS IN MCM]LLAN, ANITA- WD CROTCH, THEN ON TOP OF ONE OF 2 TOPS, NORTHERN-MOST NEST IN TEPJ~ 1991_HALF OF 4712286 #8 ZA B SNAG BROKEOFFMAKINGT.REEUNSUITABLEFORNESTSITE. T28N R01E S15 SEOFNE BALD EAGLE NEST, U3CATED S OF NEST #1 ABOUT 110 M IN TIP TOP OF LRG FLAi_-R)ppED SLOAN, KREG - WDW DOUG RR JUST N OF WHERE PAVEMENT ENDS ON W SIDE OF GRAVEL RD AND RECENT CLEAR- 4712286 # 23 SA B INC~ 1993-NEST PARTIALLY BLOWN OUT. T28N R01E S10 SEOFSW BALD EAGLE NEST, LOCATED IN TOP OF DBL TOP GRAND FIR, AT N END OF POINT ON W AMENT/MCMILL OCCPROD SIDE. TREE IS ON S SIDE OF HOUSE PRESENTLY BEING CONSTRUCTED. THIS IS NOW 4712286 # 22 SA B NORTHERNJVIOST. T28N R01E S15 NWOFNW BALD EAGLE NEST 6 FT FROM TO P (SW SIDE) OF BROKEN_TOPPED, FLAT. FOPPED uvE DOUG. AMENT, S. WDFW OCC FIR 100 FT FROM SHORE 4712286 #33 SA B TALA POINT OSPREY TERRITORY PORT LUDLOW SouTH OSPREY TERRITORY FIGURE 2. The location of the Tala Point bald eagle nest trees. RURMANN PROPERTY HoOD \ \ \ 82i105015 LOT '1 ].36 a. 26.42 · 821103010 ,TAX 19 1/17TH INT TL 2.74. a. 821105015 TAX 16 1/17'i'H INT TL 3.12 o. 821103005 TAX 9 1/173'H INT TL .4.66 a. NEST TREE 821103011 TAX 20 (LESS TAX 22) 2/17TH INT TL .4.82 a. 82110501 ,¢ TAX 22 2/17TH INT TL 5.83 a. 821105005 TAX 6 &: TL ~.92 a. 821103012 TAX 21 1/17TH INT TL 3.51 a. 821103009 TAX 13 1/17TH 'INT TL 2.09 a. / / / 8211040 TAX 14- 1/17TH I1', .4.28 a / / 821104006 TAX 18 1/17TH INT 'FL 5.51 a. / / 821103007 TAX 11 1/17TH INT 'IL .4.58 a. 8211040, TAX 15 1/17TH I .4.80 a. 821104007 TAX 8 1/17TH INT 'IL .4.40 oo FIGURE 3. The location of the Ruhmann property within the Tala Point Bald Eagle Territory and the location of Nest #3 on the property. I ! 821104002 'j TAX 7,~ TL TAXi 2.26 a. 0 ~ o SCALE: 1 ~ 80' / / . / / / RUHMANN PORT LUDLOW, WA SITE PLAN LOT 10, TALA POINT / , / ~ ii~ .' / " ' ~ i ~ - ~ -- '~ · ~.' '""-, i / ! I ~,, ~ ~, "- ,.. .~" .... ..... ,,/.i . · ' ~ .' '.z+', "' V ' / . /' ,., ./ ,/ ,. I RUHMANN PORT LUDOW, WA TREE PLAN ENOINE;£RINC), INC. r