HomeMy WebLinkAbout821103102 Eagle Mgmt Plan
.
Washington Department ofFish and Wildlife
Region Six Office
48 Devonshire Road
Montesano, W A 98563
Phone (360) 249-4628 Fax (360) 664-0689
BALD EAGLE PLAN
DISTRIBUTION LIST
NOVEMBER 11,2006
Eagle Nesting Territory: Tala Point #689
Distribution List:
Landowner
Dean A. Rosenthal & Irene Holt
Wildlife Management Gretchen Blatz- WLM
Sergeant
Wildlife Biologist
Original
P. Henrv
Shelly Ament
Montesano Region Six Files
R^E(~EIVE1[)'
NOV 2 0 2006
~, JffRSD~ .nllNn Hcn
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
BALD EAGLE SITE MANAGEMENT PLAN
RCW 77.12.655
WAC 232-12-292
EAGLE TERRITORY: Tala Point #689
Applicant
Dean A. Rosenthal and Irene Holt
341 S. Keel Way
Port Ludlow, W A 98365
Property
Tax Parcel #821-103-012, Township 28 N,
Range 1 East, Section 10, NE ~ of SW ~,
Jefferson County, Commonly known as
Lot 8 of Tala Point Development.
Pendinl! Activitv
Residential development: Installation of a driveway and septic system. Construction of a single-
family residence and two detached garage structures.
FACTORS CONSIDERED
1) Landowners goals were considered through a review of proposed site development plans for
the property. A site visit was conducted on the property with the landowners and their architect
on September 19,2006. The landowners were previously notified that a Bald Eagle Management
Plan would be required for the property. A preliminary site development plan was reviewed
during the site visit to the property. Recommendations were made to allow development while
protecting the significant eagle habitat on the property. The WDFW also recommended that a
certified arborist evaluate specific trees on the property. A few phone conversations and e-mail
communications were conducted with the landowners and their architect to assist with finalizing
this plan.
2) Bald eagle habitat use was considered by analysis ofterritory integrity through time, current
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 an 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 offour 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 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 #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 that is within 100 feet oftwo houses that 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 had been destroyed in the past
but there is currently an accumulation of sticks back 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 .7 miles southwest ofthe 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 June 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
unknown. No aerial survey ofthe territory was conducted in 2003 so it is unknown if the eagle
pair actively nested at Nest #4 once again. During a site visit to the area in 2003, the WDFW
observed that a few new sticks were located in the tree, which previously contained Nest #3. The
landowners who live on the property have reported seeing adult bald eagles occasionally at this
nest tree. The nesting activity for the 2004 season is unknown. During an aerial survey
conducted on AprilS, 2005, an adult eagle was observed in incubation posture on Nest #4. Two
adult eagles were also observed perched on a recently repaired Nest #2. This observation
confirms that there are two eagle pairs occupying the Tala Point area. The WDFW Data Systems
staffhas been notified to split the Tala Point Territory into two distinct territories. The east side
of the point, containing Nest #2, will be referred to the Tala Shores Bald Eagle territory in the
future. Productivity surveys were not conducted this season so the number of young produced at
Nest #4 is unknown. The osprey pair was observed on their nest within the Tala Shores Territory
later in April so it is believed that the bald eagle pair abandoned their nesting attempt at Nest #2
for the 2005 season. The nesting status of both the Tala Point and Tala Shores Bald Eagle
Territories are unknown for the 2006 season.
Dean Rosenthal and Irene Holt own a high bank waterfront parcel of property within the
documented Tala Point Bald Eagle Nesting Territory (Figure 3). They purchased the 2.16 acre
parcel of property three years ago and recently moved to Washington from New York. During
the process ofthe feasibility study for the property they were notified that a Bald Eagle
Management Plan would be required for the property. The parcel of property is located northeast
of the tree which contains the documented bald eagle Nest #3. The nest tree is approximately 275
feet from the south property line (Figure 3). The nest tree is visible from some locations ofthe
RosenthaVHolt property. A nest structure was visible in the tree during the site visit conducted to
review development plans for the property. The property contains a steeply sloping bank leading
northwest down to Hood Canal. Approximately 75% ofthe property contains slopes >40% that
are deemed non-buildable. The lot presently contains a mix of mostly conifer trees with a small
component of hardwoods. Some large mature western red cedar, grand fir and western hemlock
trees are present on the property. There are a few mature big-leaf maple trees on the property.
There is fairly dense under story vegetation throughout the entire property although some recent
clearing has occurred in the upper portion of the lot. Important bald eagle perching habitat has
been documented along the shoreline of the property. Other significant eagle habitat that exists
on the property includes the buffering habitat around the nest tree and all remaining screening
vegetation between the nest tree and any proposed home. Some alternate nesting habitat is also
located on the property. The properties located directly east and west of the lot contain single-
family residences.
The RosenthaIlHolt property presently contains no existing structures. In the spring of 2006, the
landowners initiated plans for development ofthe property. The landowners have submitted a
septic permit application to the Jefferson County Department of Community Development and
recently submitted for a building permit. A site visit was conducted on the property on September
19,2006, to review the proposed site development plan for the property. Geo-tech engineers
determined a very limited" building envelope" at 150 feet back from the bluff. They also
determined where the septic system could be located on the property. A septic system was
engineered for the property and is proposed to be installed northwest of the proposed homesite
(Figure 4). They are proposing to install a short driveway on the property, which will initiate
from the cul-de-sac at the end of East Ludlow Ridge Road. They are proposing to construct a 3
bedroom single-family residence on the property (Figure 4). They also intend to construct two
detached garages on the property between the cul-de-sac and proposed homesite (Figure 4). The
proposed driveway and septic drainfield have been located to avoid the removal ofthe most
southern cedar tree on the Tree Removal Plan however; the grand fir in the driveway area and the
cedar in the septic drainfield must be removed. The landowners and consulting architect have
proposed a site development plan that requires minimal tree removal on the property. They
followed the WDFW recommendation to have an arborist evaluate some of the larger mature
trees on the property and have made an effort to situate proposed development to protect as many
trees as possible on the site. Very few significant trees will need to be removed for installation of
the homesite and garage structures. A total of 5 conifer trees and 6 hardwood trees will need to
be removed for construction ofthe residence. Fortunately, the landowners have no intention to
remove significant trees located along the sleep slope north of the proposed home location.
Significant mature conifer trees along the shoreline and within the northern 2/3 ofthe property
will be retained. The landowners intend to install the septic system after the permit is issued and
will be applying for a building permit soon. They want to commence all development activities as
soon as possible.
The intent of this plan is to allow for the proposed development ofthe Rosenthal/Holt property
while maIntaining the long-term integrity ofthe documented Tala Point Bald Eagle Territory. A
concern ofthe WDFW is the protection of the buffering habitat around the nest tree, bald eagle
perching habitat, and potential alternate nest trees that exist on the property. Some previous land
clearing on the property involved the removal of small alder trees and one small maple tree so as
to improve sighting on the small envelope ofland available for construction. Timing restrictions
will be recommended to minimize disturbance during the bald eagle breeding and nesting season
only if an active bald eagle nest is documented within 800 feet of the 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. The WDFW recognizes that the landowners had a very limited area for home
construction. The landowners have exhibited a desire to protect the local eagle pair and the
significant bald eagle habitat that is located on the property. The WDFW recognizes that the
landowners had a very limited area for home construction.
CONDITIONS
The following conditions apply to protect bald eagles and their habitat:
1) The proposal to install a new driveway and septic system on the property, as shown on the site
development plan, shall be allowed (Figure 4).
2) The proposal to construct a new 3-bedroom residence with 2 detached garage structures, as
shown on the site development plan, shall be allowed (Figure 4).
3) All trees shall be retained on the property except for those trees in the path ofthe driveway,
building/garage envelopes, and septic system. The trees approved for removal are shown on
Figure 5.
* Exceptions:
a) The trees identified as danger trees by a certified arborist may be removed.
a. The 28-inch diameter at breast height (DBH) grand fir tree located near
the proposed driveway and garage structure may be removed (see
attached arborist report - Appendix A).
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 limbed. No
more than 30% ofthe live crown of a conifer shall be removed.
c) The landowners and WDFW shall meet on site to review the specific proposal
to remove any shoreline trees or limbing for views prior to any tree alteration.
Any proposed vegetation alteration along the shoreline bank must comply with
Jefferson County regulations.
4) Future danger trees may be removed if trees are identified as hazardous by a professional
forester or 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.
5) It is recommended that no heavy equipment operation, clearing, tree cutting, outside home
construction, or burning shall occur during the bald eagle breeding and nesting season from
February 1 - August 15 of any given year. Timing restrictions shall not be required for a given
year if it may be determined that the eagle pair are not actively nesting at the nest or within 800
feet of the property. If an eagle does not show signs of incubating eggs by May 1, then the .
recommended timing restrictions do not apply for that year. Surveys to determine nesting status
must be conducted by a qualified biologist.
* Special note:
The WDFW is no longer reauirioe timing restrictions but has requested that the
landowner work cooperatively to minimize disturbance during the nesting season. The
landowner shall contact WDFW if any heavy equipment work or outside construction
activities are proposed during the bald eagle breeding and nesting season. The landowner
and WDFW shall develop a plan to minimize disturbance and potential impacts to the
eagles.
* Site clearing and project development may proceed during the period February 1 -
August 15 if the WDFW does not confirm the presence of an 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 recommended.
6) 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.
7) As mitigation for the removal of mature conifer trees on the property, a total of at least 12 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, and western red cedar.
Planted within one year of home completion.
A portion of the conifer seedlings shall be planted within the SW
portion ofthe property to supplement screening of the nest from
proposed development. Other seedlings shall be planted in areas
determined by the landowner. .
8) No further subdivision of the property shall be allowed.
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 within 400 feet ofthe property. The landowners are striving
for the minimal removal of remaining significant eagle habitat. The WDFW will work with the
landowners to allow future water views. Timing restrictions are only recommended if the Tala
Point eagle pair elects to supplement more sticks for Nest #3 and attempts to nest their for the
2007 nesting season. For the past few years the eagle pair has been nesting in an alternate nest
located> 800 feet from the property. 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. If the ownership changes, the new
landowner 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 ofthis 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 continued
need for protection of the bald eagle habitat.
If an eagle does not show signs of incubating eggs by May 1, then the recommended timing
restrictions do not apply for that year. Surveys shall be done by a qualified wildlife biologist.
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 ofFish 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 ofWDFW actions according to the Administrative Procedures Act, Chapter 34.05 RCW,
and the Model Rules of Procedure, Chapter 1 0.08 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.
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 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 Wildlife,
P.O. Box 1933, Sequim, WA. 98382. (360) 681-4276.
WASHINGTON STATE DEPARTMENT OF FISH and WILDLIFE
Bald Eae:le Site Manae:ement Ae:reement
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 ofFish 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 un. dersig~ne. d hereby greeto the terms of the Bald Ea.gle Site Management Plan.
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FIGURE 1. The location of the Tala Point Bald Eagle Nesting Territory
Jefferson County
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DELORME ATLAS PG 78 A3
USGS QUAD 4712286 PORr LUDLOW
TALA POINT BALD EAGLE TERRITORY (OCCURRENCE 689)
OTHER SITES (IF PRESENT) SHOWN FOR REFERENCE. SEE REVERSE FOR AVAILABLE HISTORY.
COMPARE THIS MAP TO YOUR PERSONAL/REGIONAL FIELD MAP AND REPORT INCONSISTENCIES
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MAP SCALE 1:24,000 MAP PROJECTION: STATE PLANE SOUTH DATUM: NAD27 CONUS TICS: UTM ZONE 10T
FEET
IF YOU ARE USING A GPS UNIT WITH THIS MAP, SET THE DATUM TO NAD27 CONUS
689-3 TALA POINT
LAST OCCUPIED: 19960610
4755' 44" 122 39' 40"
689-4 TALA POINT
LAST OCCUPIED: 20050405
4755'12" 122 39' 54"
Othersites...
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5309000 N
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5307000 N
T28N R01 E S1 0 BALD EAGLE NEST, LOCATED IN TOP OF DBL TOP GRAND FIR, AT N END OF POINT ON W
AMENT/MCMILL QCCPROD SIDE. TREE IS ON S SIDE OF HOUSE PRESENTLY BEING CONSTRUCTED. THIS IS NOW
UTM 525360 E 5308283 N NORTHERN-MOST.
T28N R01ES15 BALD EAGLE NEST 5 FT FROM TOP (SWSIDE) OF BROf<EN;.TOPPED. FlAT-TOPPED lNEDOUG-
AMENT 1- S. OCCPROD SU RR 100 FT FROM SHORE .
UTM 520020 E 5307708 N
PAHA 928
HAlE 1680
PAHA 928
TALA POINT OSPREY TERRITORY
TALA SHORES BALD EAGLE TERRITORY
TALA POINT OSPREY TERRITORY
FIGURE 2. The location of the Tala Point bald eagle nest trees.
REPORT ERRORS AND RETURN COMPLETED FORM TO: Gretchen B1atz.WDFW.600 Capitol Way North. Olympia.WA 98501-1091
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ROSENTHAL/HOL T
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FIGURE 3. The location of the RosenthallHolt property within the Tala Point Bald Eagle
Territory and the location of bald eagle Nest Tree #3.
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51 S1RIJCUlAL NOlES AND DETAIS
52 STRIJC1URAL NOTES AND DETAIlS
12 GENERAl. NOTES
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ROSENTHAL HO
REVISION DATE
09/Zl/06
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FIGURE 4. The proposed site development
1
APPENDIX A. Arborist Report from certified arborist Richard Hefley.
Rosenthal Residence - Grand Fir Tree
East Ludlow Ridge Road
Port Ludlow W A
Assignment:
I was asked to evaluate a Grand Fir ,Abies Grandis, located on the property of Dean
Rosenthal at East Ludlow Ridge Road in Port Ludlow W A.
The tree was to be examined for its overall health, and its ability to tolerate the future
development of the property,
Background:
In the week of 09/18 I was contacted by Dean Rosenthal regarding the health and
suitabilty of a Grand Fir located on the Rosenthal property in Pt Ludlow,
I met with the Rosenthals on 09/26/06, where I spent 1 hr examining the tree, the
surrounding property, and studying the future development plans for this property.
I received a portion of the property plan which located the Grand Fir, and also indicated
two locations for a garage and driveway.
Plan A, in black ink, indicated a one car garage and an estimated 10' of distance from the
trunk of the Grand Fir to the edge of the pavement,
Plan B, in red ink, indicated a two-car garage and expanded pavement which would place
the Grand Fir approx. 5' inside the paved area.
It was indicated to me that the two-car garage was the preferred choice of the owners.
In either case, it was indicated that the grade must be raised approx 1-2', which could
impact the long-term health of the tree.
On 09/27 I phoned Shelly Ament of the WAST Dept of Ecology for background
concerning the eagle's use of such trees,
The following page contains a copy of the design document.
Black Ink: is referred to as Plan A
Red ink indicates Plan B
The tree symbol consisting of straight lines with no enclosed white space, encompassed
by the Red Ink, is the Abies grandis, Grand Fir, in question.
The owners have indicated a preference for Plan B.
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ROSENTHAL HOUSE
JEFFERSON COUNTY
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Mitchell Design
Tom Mitchell Architect
P,Q. Box 3952, Seattle, Wa. 98124
~~?_6~ ~~5~3~.~ Fax. (206) 937-0071