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HomeMy WebLinkAbout101323006 Eagle Mgmt Plan " (\I\~A~Lf -oos7j W ASBINGTON DEPARTMENT OF FISH AND WILDLIFE BALD EAGLE SITE MANAGEMENT PLAiN RCW 77.U.655 WAC 232-12-292 15JfScre~W[E rm InY-OCT 1 0 2"5 IIW EAGLE TERRITORY: McCurdy Point #384 ,,; ~p6eaDt Charles H. MacNab~ Jr. and Ann M. Pougiales 302 Juan de Fuca Road Port Townsend, W A 98368 P....perty Tax Parcel # 101323006~ Township 31 North,. Range I West, Section 32~ NE 1/4 ofSW 1/4~ Jefferson County. PeDdia, Addition to an existing single family residence. (*Speeial Dote - this plan will replace the plan signed with the previous landownen for this pareel) FACTORS CONSIDERED 1) Landowners goals were considered through a review of the proposed site development plan showing the location of the addition. The landowners also provided specific information regarding all trees that would need to be removed for construction of the proposed addition. A site visit was previously conducted on the property. The Bald Eagle Management Plan written for the previous landowners was also reviewed. 2) Bald eagle habitat use was considered by analysis of territory integrity through time~ current surtOlJtviing habitat conditions, potential for blow down, current status of the bald eagle population and scientific literature concerning bald eagle habitat protection. The docwnent entitled " An Assessment ofWild1ife Species and Habitats for the Middle Point Land Conservancy Property" ~ prepared by Resources Northwest, Inc. was also reviewed. BACKGROUND The McCurdy Point Bald Eagle Territory is located on the Quimper Peninsula in Jefferson County~ approximately 3 miles west of Port Townsend (Figure 1). The two nest trees which have been documented within the territory are located on the eastern tip of McCurdy Point which is adjacent to the Strait of Juan De Fuca (Figure 2). The Washington Department ofFish 8nd Wddlife (WDFW) had observed bald eagles perching near McCurdy Point in April of 1990 and it was highly suspect that a nesting tetritory was located in the vicinity. A bald eagle nest (Nest #1) was located in a broken topped live Douglas fir tree on April 12, .1991 during an aerial survey conducted by the WDFW. The condition of the nest was reported as unrepaired but two adult eagles were observed in the area. This nest tree is still present but the nest has not been observed during aerial surveys since 1994. An assessment ofwildlife species and habitats for a 48 acre parcel of property nuuu\ged, by the Middle Point Land Conservancy and the SWTonnding area on McCurdy Point was conducted during March - May of 1992. A total of 42 detections ofbald eagles were recorded during aerial surveys but no active bald eagle nest was located by the observers. A new nest (Nest #2) was, however~ located during a productivity flight conducted by the WDFW on June 1 O~ 1992. This nest was located on the top of a sub-dominant grand fir tree located approximately 150 feet southwest of the tree which contained Nest #1. An adult eagle was observed in the vicinity but no young were observed in the nest during the flight. During the WDFW aerial surveys conducted in the years from 1993 - 2002 the Nest #2 was documented to be active in all years except for 1997 and 2002. The number of young produced at the nest is unknown. No aerial surveys were conducted during 2003 and 2004 so the ~ status of the territory is unknown for these years. An aerial survey was conducted by WDFW on Aprilll~ 2005 and an adult eagle was observed in incubation posture on Nest #2. Another adult eagle was observed flying along the shoreline. The number of young successfidly fledged from the nest this season is unknown. The McCurdy Point area contains one of the last remaining contiguous blocks of timbered land within the Quimper Peninsula. The forested land at McCurdy Point has not been harvested for timber within at least the last 35 - 45 years. Residential development has occurred on some of the adjacent lands. Both young mature mixed forest and older mature coniferous forest are present within the territory. The dominant trees in the area are cedar~ hemlock, grand fir, red alder, and Douglas fir. Multi-layered canopies, wen developed shrub and forb COft1n1lmities, snags~ numerous large logs and large live trees are some of the diverse habitats found within the mature forest. The b&1d eagle nesting stand and the SWTounding area provide valuable habitat to many other wildlife species. The marine bluff area adjacent to the mature coniferous forest .. provides mgnim-.ant bald eagle perching and foraging habitat. Excellent fOraging opportunities are present along the shoreline area north of the nest tree and many bald eagle observations were documented near the McCurdy Point hPMbmd. The habitat complexity of the vicinity, which includes boulders and coves along with the swift tidal currents from the Strait of Juan de Fuca, are preferred foraging grounds for the bald eagles. Both adult and sub-adult bald eagles are known to perch within the McCurdy Point vicinity during all months of the year. The older-age coniferous forest surronndiog the bald eagle nest trees has structural characteristics typical of many winter bald eagle roost sites but the WDFW has not documented a specific core roosting area within the stand. Charles MacNab, Jr. and Ann Pougiales own a 3.33 acre high bank waterfront property within the McCurdy Point Bald Eagle Territory. They purchased the property in June of2003. The property is located approximately 600 feet southeast of the bald eagle nest trees (Figure 3). The property contains an okler mature coniferous forest of mostly Douglas fir~ grand fir~ and some cedar trees. A number of large diameter mature grand fir trees exist 0 component of younger conifer and deciduous trees is also present on OCT 1 0 2005 ~. ! ,!Frer,", (I:'.".'. contains very significant bald eagle habitat which includes bufIering habitat for the nest trees, perching habitat, and potential alternate nest trees. The previous Jandowners~ Steve and Vicki Ratb, bad developed the property for residential use. An existing driveway was improved along the western. property line and a well was installed in the northwest comer of the property in 1996. These landowners were not aware of the need for a Bald Eagle Management Plan until after a septic permit bad been issued. The Jefferson County Permit Center would not issue a new permit for a proposed revised septic system until the landowners submitted a signed Bald Eagle Management Plan. The WDFW worked with the landowners to develop a plan that was mutually signed in April of 1997. '. This plan outlined conditions to protect bald eagles and their habitat while allowing residential construction on the property. The previous landowners installed a new septic system on the property and constructed a 32' x 28' single family residence and a detached garage on the property. In the future the couple bad planned to construct an addition on the small residential structure but changed their plans and elected to sell the property. The previous landowners bad made a very special effort to minimi'7e tree removal and use areas previously cleared for their proposed development. They expressed a true desire to protect trees and intend to "preserve the naturalness of the property". Charles MacNab and Am POllgjak have been living on the property since November of2oo3. They purchased the property as a retirement home and contacted WDFW in early 2004 to initiate diScussions regarding their desire to construct an addition on the existing residence. Their intent was to incorporate features into the addition to allow them to remain in the house for as long as possible. These features include an attached garage, maximmn use of:first floor ~ minimal steps~ and wide haDs and doorways. The proposed addition is Iocated on the west side of the home and is set back over 100 feet from the bluff (Figure 4). A total of 10 conifer ' trees were proposed for removal in order to provide the building envelop for the new addition. The landowners submitted an application for a bujkting permit with the Jefferson County Department of CoJ11ll1tmity Development in June of2004. The WDFW had reviewed all information regarding the proposed addition in the spring of2004. Due to workload coostnUots, the WDFW contacted permit review staff at Jefferson County and granted approval for,the permit for the home addition to be granted. The addition is nearly complete and this plan is a follow-up plan that needs to be submitted so the landowners will be issued their occupancy permit. The concern. of the WDFW was the protection of the significant bald eagle perching habitat and potential nest trees which exist on the property. Further site development clearing could also increase the risk of blow down towards the nest trees. The vicinity near the nest trees has been relatively undisturbed for many years and future h1nnan disturbance may cause nest :fililure~ abandonment of the territory~ or reduced productivity over time. Timing restrictions were simply recommended (not required) during the bald eagle bfp.etting and 1lP-CIt~ season due to presence of a dense stand of timber between the nest trees and the buDding site. The intent of this plan was to allow for the proposed addition on an existing residence while maintaining the long term integrity of the McCurdy Point Bald Eagle Territory. This plan will replace the plan ~ by the previous owners of the property. [5)lE!CreQWlE~ ID}\OCT i 0 2005 Il:::; 1 l_-- --' -"' y j \ \ ': t .~ IFr . ;"!r <:'7; n"'~.~"" ---_..........-.....,.~_..-... DURATION OF PROTECTION This plan applies to the landowner who signs the plan. If the ownership cbang~ 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 the nesting territory has been unoccupied for 5 consecutive years. If any eagle does not occupy a bfpP.ding territory and show signs of incnbating eggs (sitting on nest for long periods) 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 assumetbat 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 changjng 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. ~PEAL PROCEDURE In addition to the provisions ofW AC 232-12-292(7.1 )-(7.3)~ the landowner may request a formal appeal ofWDFW actions according to the Administrative Procedures Act, Chapter 34.05 RCW~ and the Model Rules ofProcedure~ Chapter 10-08 WAC. Such a request sba1l be filed with the department within 20 days of receipt of the contested WDFW decision. The appeal request sba1l 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 EndAllgered Species Act or other ~ state, or local laws. This plan applies only to pending land use listed above. Any other proposals may be subject to a dHreient set of conditions. It is the landowner's responsibility to notny the Washington Department ofFish and W1ldlife (WDFW) of any new proposed land use activities. Plan drafted by Shelly Ament, Wi1dlife Biologist, Washington Department ofFish and WiJ.dlife, P.O. Box 1933, Sequim, WA 98382. (360) 681-4276. (5)fEClE~WlErm lnl~cT 1 0 2005 @ J:FF[!(,Ohl COUf{,y- U;',".Y;, n~: C() i"'-r\.' r.r~-\r:,~'LOr:'/iEfJT CONDmONS The following conditions apply to protect bald eagles and their habitat: 1) The proposed addition to the existing residence (as shown on the site development plan) sball be allowed (Figure 4). 2) The 10 identified trees located within the foot print of the proposed home addition may be removed (Figure 4). Trees to be removed: 5 - 24 inch dbh western red cedars 1 - 18 inch dbh western red cedar 3 - 12 inch dbh western red cedars 1 - 24 inch dbh Douglas :fir (dbh = diameter at breast height) 3) The selective removal of deciduous trees and the Hmbing of conifers trees shall be allowed to maintain water views. No more than 3()o,Io of the live crown of a conifer tree shall be removed. 4) Future danger trees may be removed if trees are identified as hazardous by a professional forester or certified arborist. A report :from the forester/arborist must be submitted to the WDFW before permission to remove the hazard trees is granted. A tree that presents 1mminent danger to the safety or property of individuals may be removed without a report. 5) It is reeoDlmeacled that no heavy equipment operation, clearing~ tree cutting, home additioJi construction, or burning sball occur during the bald eagle breeding and nesting season ftom February 1 - August 15 ofany given year. Special note: A dense stand of trees exists between the nest tree and the property. The nest trees are not visible from the proposed homesite location and the landowners have agreed to protect all buffering habitat which is located on their property. 6) The WDFW reeomll1eacls 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) A new Bald Eagle Management Plan will be required if any further tree cutting, clearin& or development are proposed on the property. 8) No further subdivision of the property shall occur. ~[oc~ ~o~~ E ~ '. ,.JE~~~F!SOiJ COUNTY D.Y l. 0,' C", ", :'If'rv 0"'''[1 0'" ~r- ~. ".;.~, ,.' 11. c.._.".... ,;~'r:-icr'T W ASRlNGTON STATE DEPARTMENT OF FISH AND WILD' ,JFE Bald EqIe Site Man8lemeat Aereemeat 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 proteeting bald eagles and their habitats. The Landowner and Washington State DepartlDeat of Fish and Wildlife agree to the conservation measuresdesen'"bed in the a<<adJed site managemeat plaD. Site Name: McCurdy Point #384 Legal DeseriptiOD of proposed project: T3IN, RlW, Section 32 The undenigned hereby agree to the terms of the Bald Eagle Site MaDagemeat Plan. ~&f) ~ i9.. - q. J (p cr Phone Number ~ rY 2. 4 I ~ ~t-" &e :r l4 c..o. eo ouIJ fJ~~ox 8{L3 ~TlOWVl~~ol\'001 q~~ City, State, Zip ~,~~ ~onal Program Manager .P.~t~-t 't-23-QS Wildlife iologist Date :2 Priority f3/PS ate f5)rErcIEU~lE~ lmE 2005 lil) JEFFCFOW COIHHY , ,'_ or cu' '.ir..:~T\' Cj",;,II.~~D(,'f'i:.i'.~T ~~t\ County The State of Washington, Dep,rtlDeat ofFish and Wildlife ~ RegioD Inspected By Date 4 - I"",," R I ,-i, I ~ _" J i, \ ~ dr-" Z lh( ,LUi~Jci ! 25 11111] 31 1 I It,~W',:,'~ ,f ~ n-~; iii:!'! l 'i , , I I I I I , I , I i -~' ,,',' -~L~ I B.AND MlUTARY" >l.f{j"' ~ WI.DLFE REFUGE ~r.J!;'%fi ' '" 37 !3 "~_:e--' '" I ,/'t --I- : : : hLc:Yi Ill. ~ t~~i,i!';~-Lfit',' ;';ff;,:, ,~. " ,,'.. ;...:.:.----, :~B- '~:... s~IIIrr-T~' :: ~----",' ",',.'""" _ ' ,'" ~lili 1L~~~;;~, I~,~\,~,-'~" h ';--"'8('il,:/'''~ 1 r~~ 17', ,l\~' In? """~ /r-~ -' eJ \:/~ r-...~ J., '; \- i)("., r:'1: .:2 YI Glen Co"e --- i,... !'~1T11t1 ;--'1 1/ / )l~f~'ll\U\tl-' -1:, ' ~ ,!' ' ,'WilY /'~lcettPt'; 2~ l b~ .., III r~ \ J- 90 FrTOWNSEN) o ~~r! i ~ li.llis:~~__ '''. "~ ) ; ~" ~ l' \ 27r .,.- f 00'" c/'s.~~ '" ,~iC.~ (~. ~I ~I c-'" ~'" .~' ..., '- .g::;J~ ~~\~" - f , -l3~ \' 331 I A34 .........~. 3~"''''':'''''T''''''''",.<'c,:;"rr:ctola ,. KevaMi ..,; I' ~ ~5) , I-h "",] J- I ,,' 3611\' " . &.ch } _ I'\. '=1 ,... '-eX '- " -~ ". <) "' V ,"'- "\..."2",,,(' ~ ~ \",..., ,,~ "" 1\ --- '\ ~\~r-~'\ \. 3....-..l IJ/;;~~'~~:'i~","'t' (~'?,. rJ' /1~4: 3 -;~ "l,\...." .J 6 1\.' ~ ~ -~-{l'" 11\ 0 (j: 4 p _ .l:::: 2.. N liP' \~..... ~ \\ '\ 'j e:.:, ..J _, ) ~ ~~!" ~ f/:J) : '~M ~~~ .)., ,:/r: - ,-" ~ ~ -I\Y~;: " ~:~~# .~' ~ ~ ~ ,-',; "~~ .\U\l;-~ w" ,~' ,.Di~ '~f~~~~~,~ o E'~ a n nT-OCT 1 0 2005 l!!- L.~,___------- .JEFi,:r:l'I:O;t", COt)N ry FIGURE 1. The location 01 the McCurdy Point B ...;J,i'.'3:'''';' ';;.';':;1' \I:! c~ ,. , '--------------------- ... --- " --- ," ----..,~ . '~------'-~- . -- - - --...... ' ........"........ ',-- " ' '" .................. '\,: 1:....., '" " , , " ", , , , " Poitit W.eon WClROI:N AlE PAl\K .- .- .- __ _,--..r,~t'~ .-- ',- Port;To.n ~PoiJtHud<<Jn ,/ ..;..,,'" Crsne Point JeffenoD County ,~ """'8 _ . _ d.DIII COWITY AIEIIr DEUlllllEAI'LM" NCZ .... QUAD 4812227 PORI''IUWN88ID NORI'H MCCURIWPOWIf BALD QG~ TE.RflI1ORY(O~,384) 01'HIiIl'" .~ .~11111"'" ...,_ _.JA aEEllIiVIiI1lIEFDIt 11II&-......,. , COMPARE THIS MAP 10 YOUR PERSONALlREGIONAL FIELD-MAP AND REPORT 1NC0N8I81BCE8 611000 E 514000 E ~ ..-iJ o 1000 .. ~ FEET 1000 E 1lAP8CALE 1:M.01Mt IMP PRO.IElImON: STATE PLAlE80UTH DATUII:: 1MDDC0NU8 TICS: VI'IIZDNE 101' MEN ADDHIIEW LDOATIOIII OR COILIECI1NGI OLD LOCATIOIII. Pl.EA8EIlARlCTO 8CALB (fOR~ 1IW- 1.Fr ..TIE WlDTHOFTIE=8IGII) FYOU AREU8IIIG A GP8 UIII1' WII'H~ 1MP.8EI'TlEDATUIITO NADZ7C0NU8 8OUDUlE8H0W8....HA8lfAT POLYGION.POI..YGOIt~OUI1IIDE~YEDIIAPEXTBII'. 384-1 NOCURDYPOINT lAST 0B8: 111I10813 .01' or 122 6It or 3I4-2~POINT roioOiiPi:hTJf OIlIer.... _ tw.E&42 T81N RD1W832 ..-.a.M, A-YtOW UIlI5122IO E&881182N ~~ BM.D EABlEMlBTTfEEWlH BROICENTOP. NEST ON UVELIMB ONlI&rSIDE OF BOLE DFFICUI..TT08EE BALD EABlEIEiBT. ~TED INTOP ~~ IICIIN'fIW.D EMlETEARlTORV 2005 ......J. FIGURE 2. De Ioeatioa of the McCurdy Poiat bald eap.. Best trees. l NEST TREE #1 NEST TREE #1. ~. .. >* t), JOIJa3DQ3 QO\fT LDr 3 (W 2IlA) _a. ,~ ~ JOI3Z3002 <<NT LDr 2 -"" 10I3:IliOOl LDr 1 _0. JOI.1l2SI01 LDr 1 _0. nllZSOOZ JT2 ,0. 10I3ZDGOZ LDr2 S~-4/r O€" ' b,c- J'UC-4 , .' '.. ,. . . ~. '" ~ V iJ! ~ 2gi~ ~~ (,0 -a. MCNABIPOUGIALES PROPERTY 10I3ZlIllDJ LDrJ _0. ~~ 10I.1Z5Cl05 LOT~ C _0. ..... C 'V lOT 4 _a. (NW 1/4 5-3ON-IW) 201323004 SE SW _0. ~, [ECfE~~1E n . OCT 1 0 2005 4". ~_~ ,IEFfTflSOf') COUNTY p :" , ,',' r'" (".<e, ,,! !r'lI r{ f)f.\If:1 Of'I,,{J [J, ", ), ,'." ,','" ',' .. ..,'.. · ROW'S OF MIOOLEPOINT ROAD AND EAST MIOOLEPOINT ROAD ARE APPROXlWA TE. AS CQUMY RECORDS ARE INCOMPLETE: 211IO.1. NW 1/4 SW 1/4 SEe 32 TWP 31 N RGE lW 'i' j' z ~ I f.1 -t. ~ ! DRWN. 1/21t2 11)W REVISIONS 319192 . 'tam "" ~ 110/93 ;>p FIGURE 3. The location of tile MeNablPougiales property and the bald eagle nest trees. "' /0819.4. j~ -- ~ "-------------- -=-- OlAlner: Chalee Ma~Nab, Jr. and Ann M Povglalee ForGe I Number: 10 I e2S006 Site Address: 602 Juan d4IJ Fv~a ~. POr"t TOMeend, Ii"IA Cff>96f> . s.~tlon: 9.2 Gltr s.~tlon: e~ TOMehlp: 91N Rang.: 1.-. t ~, I. · F' · . ~ TO ~MAIN . ~TOBl!~ lI'llTH IDeNTlI"Yl.... ~ I - 12. c:.eolooll 2 - 1&. GEPIooIl 6 - 2... c:.eoNt 04 - :14. c:EONt , - 2.... c:.eoNt I> - 12. Cl!PAA , - 2... ~ P'IR & - 2... ~J:l:lAA "' - 2... c:.eoAA ~ NORTH I I ~I \r ~I -, I~ r- ,::- 1P-4 'b O~T1 Z 5GAI..e. I. . .ole' ....,. 10, 2004 -.--------.-.-- -==---, ., AJDII'IllOXIMATE ~ 0If" 6l.UI"1" ". 5I.OI"E 100' IoelctHT . . I .1 . . . . . . . ......... . ..... . ....... ............... .....~~_....I . .............~'f . . ~T1..... :I 6T01t'/' _ Hc:ll.IR III :rt ,- I l I \ ... \' I I!!I..BCoTRIC. :2 0:2 ACRES I"IIt. GEPAA ANP ALOeR 'l'1It!!!!e I I I~ I~ I EI irl ~l FIGURE 4. The .Ite _eap_at plaa for the MeNabJPoujliales property llaowiag tile locatio. of tile uiltbag home, the proposed additioa, aad treea to be rellloved.