Loading...
HomeMy WebLinkAbout998200323 Eagle Mgmt Plan (0002)WASHINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAN RCW77.12.655 ' ~ E ~ ~[ U ~ff ~ ~...c..~_~:--.:-:- :~::. - ~." '--:: -~'~ -~.--'.'-'" ' -' ~ '~'~-~--~-~: jEFFERSON COUNTY DEPT. OF COMMUNITY DEVELOPMENT _~:: -~:.::. ~.w~~~,~*.~.-~-~-~ ~-:~ EAGLE TERRITORY: Tala Point #689 Applicant Tim Cottrell 3503 109th Place NE #3 Bellevue, WA 98004 Property Tax Parcel/1998200323, Tala Shores//3, Lot 24, Township 28 North, Range 1 East, Sec. 15, Jefferson County. Pending Activity Residential development - construction of a new single family residence. (Replacemem of plan for previous landowners - Edward and Joan Foster) FACTORS CONSIDE~D 1) Landowners goals were considered through a review of the building permit application and site development plan. A phone conversation was conducted with the new landowner. A site visit was previously conducted on the property. The previous plan written for the prior landowners, Edward and Joan Foster, was reviewed. 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 stares 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 cleating and residential development. The Washington Department ofFish and Wildlife (WDFW) has been monitoring this territory since 1983. A total of four 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 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 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 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 #1. This nest was also reported in 1983. This nest was located in the top of a Douglas fir tree. 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 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 2 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. During the 2001 and 2002 nesting 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 the number of young produced at the nest for this season is tmknown. The WDFW did not conduct surveys of the Tala Point Territory during the 2003 season so the eagle nesting status for this season is unknown. Tim Cottrell recently purchased Lot 24 within the Tala Shore #3 Plat, along Tala Shore Drive (Figure 3). He closed on the sale of the property in February 2004. The .645 acre waterfront parcel is within the habitat area used by the Tala Point bald eagle pair. The tree containing bald eagle Nest #2 is located approximately 1000 feet north of the property. The previous .- landowners, Edward and Joan Foster, had owned the property for 18 years. They had intended to install a septic system and construct a 1500 square foot home with a garage on the property. They had contacted the WDFW about development plans for the property 8 years ago. A Bald Eagle Management Plan was developed and signed in February of 1996. The Fosters installed a septic system on the property but did not proceed with construction of a new residence or garage. Most of the property had 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. Prior to selling the property, the Fosters submitted a Site Plan Approval Advance Determination (SPAAD) application to the Jefferson County Department of Community Development. The site plan was approved in October of 2003. The new landowner is submitting the same site development plan that was submitted with the SPAAD application. Mr. Cottrell intends to construct a 2 bedroom home on the property (Figure 4). The only tree proposed for removal on the property is a 19 inch diameter at breast (dbh) cedar tree that is located in the proposed building envelope. The intent of this plan is to allow for the proposed development of the Cottrell 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 buffeting habitat around the nest tree, bald eagle perching habitat, and potential alternate nest tree within the territory. Previous land cleating may have removed valuable buffeting habitat around the nest tree and known bald eagle perch trees or potential nest trees. The clearing coUld have also increased the risk of blow-down to the nest tree and adjacent significant habitat. The planting of conifer seedlings will insure replacemem trees for habitat previously removed, along with providing supplemental buffeting of the nest tree and furore bald eagle habitat. CONDITIONS The following conditions apply to protect bald eagles and their habitat: 1) The proposal to construct a single family residence on the property shall be allowed (Figure 4). 2) All remaining conifer trees shall be retained on the property except for the identified western red cedar tree located in the building envelop. * 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. 3) 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. .. 4) 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. No more than 30% of the live crown of a conifer shall be removed. 5) Timing restrictions are recommended i_f an active bald eagle nest is located within 800 feet of the property. No heavy equipment operation, driveway construction, outside home construction, or burning shall occur during the bald eagle breeding or nesting season from February 1 - August 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. 6) The WDFW recommends no discharge of firearms, fireworks, or explosives during the bald eagle breeding and nesting season from February 1 - August 15 of any given year. 7) One dozen (12) live conifer seedlings shall be established on the property. The seedlings shall be: - At least 2.0 age class. - A mix of Douglas fir and grand fir. - Planted within two years of home completion. 8) 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 WDFW&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 77.15.130. 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 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 ofFish and Wildlife, P.O. Box 1933, Sequin, 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 si~e 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'~downer (Sig~tu-re) Date Landowner (Prin0 Phone Number Address City, State, Zip -The State of Washington, Department ogFish and Wildlife Regiq~'..Wildlife Program Manager Date Wildlife ~iol~gist Date Priority Region Inspected By County · Date I41 7 .. 'Fhomdike .. x\ / o/ ! )lele Pt , 'ats Mats \, low // '., .,)4,\ · Squomish MEMORIAL STATE PAl Foulweather .. I Point I \ WOLFE Pt .J Teekaiet r--,. 2~ 19 .. No Point Pi~or Pt + ~ash X\ \\ Pioneer Hill FIGURE 1. The location of the Tala Point Bald Eagle Territory Jefferson County REGION 6 JEFFERSON COUNTY AMENT DELO~ ATLAS PG 78 A3 USGS QUAD 4712286 PORT LUDLOW TALA POINT BALD EAGLE TERRITORY (OCCURRENCE 689) OTHER SITES (IF PRESENT) SHOWN FOR REFERENCE. SEE REVEI~E FOR AVAILABLE HISTORY. COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD MAP AND REPORT INCONSISTENCIES . / !/ ............. / " ~HALE 689-1 : :,~ ~..... PAHA 928-2, ~:_' .'?~i~t.7.'!:j:~id.i :!i'-..". . :; -.' ".ii. ......... ..~: ................... . .... .:' ";i..¢-:.."- ? .:~..: ':~'ii:i:~ii!i!f?'" 'ii'~i!:~i:.~ i.. · '- .. i.: ...... Z.''~-''-- . !!.~.-i~,....~'. :.?::.:~i,~:?. :/;~":~ ..... ~ ~...'~ · ".:!.':_~:':~- :~;:~:'~:-'¢':~!'"_-'~.::~.'i: :-"~:'i: -: .... '-'-'i: ~_".~'. ~. ~.i.. ']' r:~:.:-~' '"'~-': ' '. ' "~"i ..~;-'.' .. ~ - ..: . '.~-:"ii"";i'~!! r!~ .. !' . ';"~i;:ii[f :. -.~ .... .::.:::,. .... ~i!:i,~,~ ~: .:. .' - !'7;; ¢., '-; .- - ' - '--f!'::.~ '~'-",~;&,¥?.;.'---:; ,- -~i';"'~'};~;;'~;i't~-*,-'-'i;..: :;;; - ,~qO 700 E E o lOOO 2ooo MAP SCALE 1:24,O00 MAP PROJECTION: STATE PLANE SOUTH DATUM: NAD27 CONUS TICS: UTM ZONE 10T WHEN ADDING NEW LOCATIOHS OR CORRECTING OLD LOCATIONS, PLEASE MARK TO SCALE! (FOR EXAMPLE, 1/16"= 125 FT =THE WIDTH OFTHE = SIGN) IF YOU ARE USING A GPS UNIT WITH THIS MAP, SET THE DATUM TO NAD27 CONUS SOUD UNE SHOWS PHS HABITAT POLYGON. POLYGON EXTENDS OUTSIDE DISPLAYED MAPEXTENT, 689..2 TALA POINT LAST OB,S: 19990409 47 55' 12' 122 3g' 11" 68g-3 TALA POINT LAST OBS: lgg60610 47 55' 44' 122 39' 689-4 T, AL.A POINT LAST OB, S: 19980617 47 55' 12" 122 39' 54" T28N R01E S15 BALD EAGLE NEST, LOCATED S OF NEST #1 ABOUT 110 M IN TIP TOP OF LRG FLAT-TOPPED AMENT, S. WDFW OCCPR DOUG FIR JUST N OF WHERE PAVEMENT ENDS ON W SIDE OF GRAVEL RD AND RECENT CLEAR UTM 525931 E 5307193 N lNG. 1993-NEST PARTIALLY BLOWN OUT. T28N R01E S10 BALD EAGLE NEST. LOCATED INTOP OF DBL TOP GRAND RR. AT N END OF POINT ON W AMEN~NCMILL OCCPROD SIDE. TREE IS ON S SIDE OF HOUSE PRESENTLY BEING CO~UCTED. THIS IS NOW UTM 525360 E 5308283 N NORTHERN-MOST. T28N R01E S15 BALD EAGLE NEST 5 FI' FROM TOP (SW SIDE) OF BROKEN-TOPPED, FLAT-TOPPED UVE DOUG- AMENT, S. WDFVV OCC FIR 100 FT FROM SHORE UTM 525020 E 5307708 N PAl-IA 928 PAl-iA 756 TALA POINT OSPREY TBRlfORY PORT LUDLOW 8OUTH OSPREY TERRITORY FIGURE 2. The location of the documented bald eagle nest trees within the Tala Point Bald Eagle Territory. 821152001 GOV'T LOT 5 (W 22.,.52 A) 22.,..52 a. 821152001 GO",/ 3;3 1,81 (3. 1.05 0.98 38 0.9,3 37 0.78 38 0.71 31 0.75 (3. 30 0.76 2.8 1.79 2.7 0.78 (3. 2.6 0.78 (3. 25 0.78 ,39 0.66 4O 0.63 <3. 4.1 0.67 (3. 42 0,68 (3. 2.3 0.74 cs. 22 0,73 o. :21 0,67 a. 2O 0.66 cs. PUBUC ACCESS 1.66 (3. 43 0.69 44. 0.6?, 45 0.62 46 0,62 4.7 0.62 48 0.62 ~. ...... III -- ~JJ I J 4.9 0,62 ~ ._ I 19 0.65 18 0.68 o. 17 lEaL TAX 8) ......,,,..,.. · 16 (ENL TAX 7) (LS TAX S) 15 T~ ~0) TAX 9) TAX9 lEaL TAX e) LS tax ~o) '13 0.74. (3. 12, 0.74. o. 6 0.67 a. 10 I fy' c T~la Sho~e Group, EL.C, ' Eluilding Permit Application 860 Tala Shore Drive Port Ludlow, WA 98365 Parcel: 9982003'23 Agent: Tim Cottmlt Phone: 206-406-3619 ! I i S itc P la n Drawlng c~ cv cE /t4 .. L !O0'.-r'o o/,,.~j. FIGURE 4. The site development plan for the Cottrell property.