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HomeMy WebLinkAbout601342028 Eagle Mgmt Plan RE(~E1IV1RIf)) WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFEAPR 0 4 2007 Bald Eal!le Site Manal!ement A~reement 'HftHSUM;UIJNt~IJ':11 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 ofFish and Wildlife agree to the conservation measures described in the attached site management plan. Site name: Hazel Point North # 1430 Legal descript~on of pr<>posed project: T26N, RI W, Section 34, NW 1/4 The undersigned hereby agree to the terms of the Bald Eagle Management Plan ~~ cfa:P~ . :r~d i-<e. "~M<<- J~ JO- p~ . L~,,.V"~ /...0.. Porte. Lando (Signature) Date Landowner . t) Lfl5 -778-9Lb 8 Phone number 91-. I D eLl ~) S 1:: Address E.J~(H<.ds WA 910W City, State, Zip The State of Washington, Department ofFish and Wildlife ~;/~ eglOnal Program Manager .J!; tI~~/07 te f . C, Region ~~Ok. County '3-2'-0'1 Date x- :L Priority ~ Ne~ f ;jJ: ~ ,\ L~ POI'i-~ Inspected by locqie~ Oh +h~ ($Qu+h) r~{'te I ) Date Page 6 of7 ~ T',.OTD';J (rf~~;~ '1\\'.. ..~-'\, jr'~/I"\ /3,\ Washington Department of Fish and Wildlife Bald Eagle Site Management Plan RCW 77.12.655 WAC 232-12..292 " ':lj' t ':: ::~ It; Eagle Territory: Hazel Point North # 1430 Applicant Larry LaPorte Jewel L LaPorte 921 Daley St Edmonds, W A 98020 Property Parcels # 601 342028 & 601 342015 Township 26 N, Range 1 W, Section 34, NW 1/4 Toandos Peninsula Jefferson County Pendinl! Activity Residential Development: Construction of two 3000 square foot, 3 bedroom, 2 bath, single-family residences; constructing two access roads; drilling a well; installation of one septic system; and buried utilities. FACTORS CONSIDERED 1) Landowners' goals were considered through a review of proposed construction locations shown on attached site map. Consultant Kenneth D Gilbertson conducted a field visit on December 21, 2006 to review proposed site development with landowner Larry LaPorte. Two additional site visits were conducted by Consultant Kenneth D Gilbertson in February and March 2007 to document number of trees to be removed from proposed homesites and access roads. Shelly Ament of WDFW met on site with landowner twice in 2006 to document new nest tree and review proposed property development. 2) Bald eagle habitat use was considered by analysis of territory integrity through time, current surrounding habitat conditions, potential for blowdown, current status of the bald eagle population and scientific literature concerning bald eagle habitat protection. BACKGROUND The Hazel Point North Bald Eagle Nesting Territory # 1430 is located northwest of Hazel Point at the southern tip of Toandos Peninsula, Jefferson County, Washington (Figure 1). The territory has been monitored since 2002. There are 2 documented nest trees within the territory (Figure 2). Nest # 1 was located in a short dying grand-fir tree situated between two small draws. The nest was located on top of the low bole. There are houses along the shoreline with the nest tree just north of the driveway to a residence on adjacent property to the south. In 2002 one adult bald eagle was observed incubating on Page lof7 this nest. No surveys were completed by WDFW in 2003 and 2004. In 2005 an adult bald eagles was observed in incubation posture on the nest and the nest was reported as repaired. During a site visit on 12/07/06 conducted by WDFW this nest tree was finally located on the ground. The nest had been destroyed by natural forces and found at the base of the tree. This now completely dead tree may still be capable of supporting another nest. A new nest # 2 was located on Larry and Jewel La Porte's parcel # 601 342015 during the 12/07/06 site visit by WDFW. This nest is approximately 13 feet from the south property line and 40 feet from top of shoreline bluff. The nest tree is a large 36 inch diameter at breast height (D.B.H.) Douglas-fir. The nest is located 15 feet from top on NE side of the bole. The tree has a small live top with narrow branches above the nest. A pair of eagles was observed near the nest when it was discovered. The nesting status of the eagle pair for the 2007 season is unknown. Larry and Jewel LaPorte own 2 contiguous parcels within the Hazel Point North Territory (Figure 3). Generally the LaPorte property consists of a sloping shoreline bluff with two incised intermittent stream channels. The incised intermittent stream channels form two very steep timbered ravines. The property generally slopes to the northeast to the shoreline of Hood Canal. Both these parcels are fully timbered. The timber is mature Douglas-fir, Western Red Cedar, Western Hemlock, Grand-fir, Red Alder and Big Leaf Maple. The northern comer and eastern comer of the property are located along a steep shoreline bluff. There are mature trees on the steep shorelines slopes indicating that rate of erosion and slope failure is very slow. Larry and Jewel La Porte purchased the 9.36 acre property in 1964. In 2005 a boundary adjustment was made creating two parcels. Parcel A is 3.23 acres and parcel B is 6.13 acres (Figure 3). The WDFW was not notified by Jefferson County of this land use change on the property. On April 21, 2006 a septic permit application for 1 residence on each parcel was submitted to Jefferson County Department of Public Health by Larry and Jewel La Porte. The Stratum Group prepared a Geology Evaluation for the 9.36 acre parcel on November 8, 2005. This report identified 3 homesites and access routes to homesites on the LaPorte property that would be feasible building sites from a geologic perspective. Recommended building Areas 1 and 2 were selected for homesite construction. The report also identified potential septic drain field areas and recommended specific distances for placement from top of shoreline bluff or steep ravines. A copy of this report was made available for review. A 280-Glendon Biofilter sewage disposal system was designed by David Martin of Miller Bay Water Company on 04/21/06. This system is designed for both homesites. The drainfield for both homesites is located west of Johnson Road on parcel # 601 342 028. It will be installed on moderately sloping ground with no anticipated tree removal (Figure 4). Larry and Jewel LaPorte plan to clear the homesites as soon as possible in 2007. A well will be drilled immediately following site clearing in 2007 on parcel # 601 342015. The well will be utilized by both residences. Construction will start immediately following permit approval in 2007 on the Larry and Jewel LaPorte residence proposed for the northern parcel. A second residence for their daughter will then be constructed on the southern parcel. \RRf~EIVR[)) AnD 0.. )! ~n.f'.'7 i~'r\ U ~ f...:JU Page20f7 t~ttH~\"\ i.Huron I\}) Parcel 601 342028, potential homesite is located along northwest property line 70 feet from top of shoreline bluff (reference Figures 4 and 5). This is the same distance back from the bluff as an existing residence on an adjacent property to the northwest. This site is 410 feet northwest of nest tree # 2 and approximately 700 feet north of nest tree # 1. An area 5615 sq ft, (0.13 acre) in size is being cleared. A total of31 conifer trees are being removed for homesite clearing and access road construction. The conifer trees range in size from 5 inch D.B.H. to 28 inch D. B. H. This is building site evaluation # 2 in Geology report. Parcel 601 342015, potential homesite is located on level upland area between the two steep ravines on the southwest portion of the property (Reference Figures 4 and 5). This site is 700 feet west of nest tree #2 and approximately 350 feet west of nest tree #1. An area 13,325 sq ft, (0.31 acre) in size is being cleared. 82 conifer trees are being removed for homesite clearing and access road construction. At the request ofWDFW, the proposed building site clearing was adjusted in March, 2007 to retain 4 very large Douglas-fir trees with DBH's of30 inch, 30 inch, 29 inch and 34 inch. The conifer trees to be removed range in size from 5 inch D.B.H. to 35 inch D.B.H. This is building site evaluation # 1 in Geology report. A very dense stand of mature conifer and hardwood trees screen the proposed building sites from nest trees # 1 and # 2. Both parcels contain very large Douglas-fir and other conifer potential nest and roost trees. A majority of the mature timbered habitat will remain following homesite development. The steep timbered ravines and shoreline bluffs are being protected. Only enough trees are being removed to allow reasonable use of the site. The intent of this plan is to allow for the proposed development of the Larry and Jewel LaPorte properties while maintaining the long-term integrity of the documented Hazel Point North Bald Eagle Territory. A concern ofWDFW is the protection of the buffering habitat to the nest tree, bald eagle perching habitat, and potential alternate nest trees that exist on the properties. Also of concern is that the proposed development and increased human disturbance could cause nest failure, reduced productivity over time, or ' abandonment of the territory. The WDFW no longer requires timing restrictions for heavy equipment operators or outside construction within 800 feet of a nest tree but has recommended the landowner minimize disturbance during the bald eagle breeding and nesting season. CONDITIONS The following conditions apply to protect the eagles and their habitat: 1) The Douglas-fir tree located on the property that is documented to contain the Hazel Point North bald eagle nest # 2 shall not be damaged or removed. 2) The landowner agrees to assume any and all risks resulting from the presence of the bald eagle tree and shall not seek authorization to remove the tr9'J;,lil,' .~",i, \1.'\ JI.-:;.' 'i'I,\." ii \\, ,r pI, ,11 i'V ", Ii iL~ '1 I' :/.!' /_. ti Page 3 of7 fft'tH"X'''"''c ,'i'!" '~i \.',. 'I', ," L II ~ :311 In, ,~JL, ,,\\!Il I, ,J" 3) The proposed construction of two new single family residences shall be allowed at locations shown on the site development plan (Figures 4&5). 4) The proposed installation of a septic system at location shown on the site development plan shall be allowed. (Figures 4&5). 5) The proposed extension of buried utilities shall be allowed. (Figures 4&5). 6) The proposed drilling of a well at location shown on the site development plan shall be allowed (Figures 4&5). 7) The proposed construction of two access roads to proposed building sites shown on site development plan shall be allowed. (Figures 4&5) 8) The proposal to remove understory vegetation and trees within the areas proposed for development shall be allowed. All clearing shall be in compliance with Jefferson County regulations and the Drainage and Erosion Control Plan developed for property. 9) The selective limbing of larger conifer trees between proposed homesite on the north lot and shoreline shall be allowed. No more then 30 % of the live crown of a conifer shall be removed. Pruning of groundcover will be allowed near homesite but must be in compliance with Jefferson County regulations. 10) 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 WDFW before approval to remove the hazard trees is granted. A tree that presents imminent danger to the safety of property or individuals may be removed without a report. 11) 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 to August 15 of any given year. * Special Note: The WDFW is no longer reouirinl! timing restrictions but has requested that the landowners work cooperatively to minimize disturbance during the nesting season. The landowners (or contractor) shall provide WDFW with a tentative construction schedule and notify WDFW of any significant departures from such schedule. It is contemplated that tree removal will begin as soon as possible after obtaining permits. The WDFW requests that the landowner not initiate disruptive work during the sensitive egg incubation period from March 15 - A~f1}(~ E~ \\f 1R If)) Page 4 of? APR 0 4 2007 I HffH~IIM:IIIINI)' J 1:1' any given year. Another sensitive time of year is during the fledging period (July 1 - mid August). The WDFW recommends that disruptive work (i.e. - tree cutting, clearing, heavy equipment use) not be completed during these sensitive times. 12) The WDFW recommends no discharge of firearms, fireworks, or explosives during the bald eagle nesting season of February 1 to August 15 of any given year. 13) No further subdivision on the property shall be allowed without WDFW review. JUSTIFICATION The landowner was granted approval to develop approximately 350 and 700 feet from nest #1 and 410 and 700 feet from nest tree #2 because those were the only two building sites available. WDFW worked with the landowner to allow for minimum disturbance of bald eagle habitat for the proposed development. WDFW recognizes that the development value of the waterfront properties would be significantly decreased if the landowner were not allowed to build a residence on each of the parcels. DURATION OF PROTECTION This plan applies to the landowner who signs the plan. If the ownership changes, the new landowner may sign the approved bald eagle plan or request a new one. 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 the breeding territory is unoccupied for 5 consecutive years, then the WDFW biologist and the landowner should evaluate the continued need for protection of the bald eagle habitat. Please contact 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 process. The plan may be reviewed periodically by the 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 ofW AC 232-12-292 (7.1)-(7.3), the landowner may request a formal appeal of WDFW actions according the Administrative Procedures Act, Chapter 34.05 RCW, and the Model Rules of Procedure, Chapter 10.08 WCA. Such ~~~~~'~ )E~)\. \'\ lh: Ii if) .~ ."1....1'17 o ".t lUu Page 5 of7 i Httri~mv1; ~HH'j~ J} t~vJ 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 ground for 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 WDFW of any new proposed land use activities. Plan drafted by Kenneth D. Gilbertson, Consulting Forester, 248 Fors Road, Port Angeles, Washington. 360.452.6388. The plan was reviewed and supplemented by Shelly Ament of the WDFW, P.O. Box 1933, Sequim, WA 98382 360.681.4276. \RE~~E~Vlf1:)f ) Page 6 of7 APR 0 4 2007 I Hf~HX\\\\i 1:\mN \, II LI I , . ~' o ~ [2., ~ ......._..~ 'Bald Eagle Nest Sites Occurrence Number: 1430 Site Name: Hazel Point North N W,*I S Bald Eagle Nest Sites ;.:R 1~)( "]b:K~" Bald eagle nest sites are from the WDFW Wildlife Heritage.(HRTG) point database. r"i 1J "'1; l i.....~+~H' i\,l"i;, '1I11...l\.~ n ;. , ' ~ ._ ~ f ~ - r - .; ,_ ..' ,. , -0 Q ::J ::J ::J o en CD en o Z r- -< ,- ,- < " " " * ttt~ )''1:J~ ~~." ~~~ a;::l!"J --(!"i ~ ~ ,... ~ :::t 3: ). a ). ~ ~ C> ~ co ~ .. 0- '> " ., nl b ~ RE\tSlONS: DAlE MARK NOlE 'I ;a 'I ~~ ~ffi C16l ~ ~o ~~ o' ~:tl (J)~ o~ ~tj - - q,'Lr",. 1c;, ./ ..- / " " " , , " --n -. CO c .., CD ~ o :tl~ ). tj~ ~~~ oC> I\) :>'I :tl ...;o~ .~o - - ~ ~ ." " " ~ :..:-. ~ " " " ~ ~ -\'\ "'-"" '< .,.~ U' "(~ ~ ~A \\ \ \ \ \ Ii) ;g ~ l.l )/ ~~ z'" o 0 I\)~~ I ." ~ QlC)!"1 ( ~o ~.,,~ r::I: 2~~ ~~ ~lt:~ \ ....~ o~~ ~'\ ~M ~C1E3 ~(\Y ) I ~.X j '\ )\,- I , c,o\ V' 0) q ~ ~ ~ ~ o ~;g z~ ::!Jo ~Vl 01:} (J) I I Iffi I 1- I JOHNSON R,- _ OAD - - ........- - - -- --- - - - - " " " , " " , , ,,<.1: "'. ~ " " l'~': --i:?,. '. . ..., ;..: S;:'- . ~~.::~. ~ ~_ C::.. ~w "S" -6\ t"\-o ~-:o ~~ ~~ ~o i5.: ::;:"::" '. , : ",:. ...... \"~ ..~~:.:~. :::::.. ......... or)) ..- ~;a::I: ~~~ " " " , " " ~~ ~~ :c:." ~~ ....!"J 1'I'j i; :i! ! ! SPECiAlIST IN SMALL ACREAGE MANAGEtoiENT ~ EAGLE MANAGEMENT PLAN Kemelh D. Glbertson HAZEl POINT ROAD CONSULTING NE 1/4. SECTION ;'4. 126N. RIW. W.M., JEFFERSON COUNTY DA Tf: APPUCANT: SHrfT FORESTER :;t."" 2.ca FORS RD. . FEB 6 2007 LARRY lit JEWEl. LA PORTE: 1 of 2 PORT ANGBES. WA 98363 -452-0388 ' This plan is based on Information obtained from the pubftc records of Jefferson County. WA PARCEL # 601-~2-015 601-~2-028 ORAWN BY: CUFF SCAIL: 1-.. 100. SPECIALIST IN SMALL ACREAGE MANAGEMffi' ~ EAGLE MANAGEMENT PLAN Kennelh D. Gilbertson HAZEL POINT ROAD CONSULTING NE: 1/4. SECTION J4. T26N. R1W. W.M.. JEFFCRSON COUNTY DA TE:: APPUCANT: SHE:fT FORESTER ~--.- 248 FORS RD. . FEB 6 2007 LARRY & JEWEL LA PORTE: 2 of 2 PORT ANGEtES, WA 98363 452-6388 . -0 Q :J :J :J o en CD en o Z I -< -- -- -- -- -- - -- __JOHNSON -- -- __ -- -- ROAD -- -- -- '/--1---- :' I i-- -- -- -- . . ~~ 1==S5 o a / / ( I o~ ~~ I ~~ I a~ "'<0 01 5H- 3::y> {ri:'1 ~ - -- ~ ~g ~> ~ a:z (;')G'> ",- 01 O. ~ / ~ / '" ....... '" '" '" / / / ~~ o (f) 0 Q .... - q (l) ~ ~A- :: /I (Xl II q ~ 0 . ... '" :; I\) ... 0 q '" iT! b ~ RE\1SlONS: DAlE MARK NO " -. CO c , CD c..n "-"'-:~":::: This plan is based on information obtained from the pubRc records of Jefferson County, WA PARCEL I 601-.""2-015 601-.342-028 DRAWN BY: CLIFF SCALE: 1"= 40' p ~Ol ,/ ;:0' !"1~ O~ ::t:H- ~(J) / ~:., / ~::t: iT! / ~~ / ala / ~iT! / ~~ V ~ L , , \ \ \ \ \ \ ) \ / ) / / ( / , ( ,\ \ \\ ~ \ \>., (\' :~ \ ~ \\~ " ~% ~O - - ~ 'tl ,...:::l 00 ~o-i :::l~ ~~ - - / / // .,,~ Q , {J ,~I , \~~ \ , , "'\ " ) / / ! .. , , / !