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HomeMy WebLinkAbout501025004 Eagle Mgmt Plan l I. ~()~-as - WashingtOl~ Department ofFish and Wildlife Bald Eagle Site Management Plan RCW 77.12.655 . WAC 232-12-292 Eagle Territory: Hazel Point # 706 Applicant . Carol A Miller 19689 7th Ave NE # 208 Poulsbo, W A 98370 Property Lot # 4 of Hazel Point Large Lot Subdivision, Parcel # 501 025004 Toandos Peninsula Jefferson County TWP 25 N, R 1 W, Sec. 2, NW 1/4 Pendinl! Activitv Residential Development: Construction of a 3000 sq. ft. 3 bd. Rm. 2 bath, single-family residence, 40 ft X 36 ft garage and shop structure, drilling a well, installation of a septic system and buried utilities. The removal or topping iffeasible of 12 Red Alder with dead tops is also part of the proposal. These trees are considered hazardous to individuals walking a trail from residence to viewing platform along shoreline bluff edge. 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 site visit on November 11, 2006 to review proposed site development on lot # 4. On November 29, 2006 Shelly Ament ofWDFW and consultant Kenneth D Gilbertson met on site to further review location of proposed structures and determine where close proximity active nests # 5 and # 6 are situated. In May, 2007 Consultant Kenneth D Gilbertson met with landowners on ' site to ~eview proposed new homesite location. 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. The Bald Eagle Management Plan prepared for the Subdivision and one prepared for adjacent lots # 5 and # 6 were also reviewed. BACKGROUND The Hazel Point Bald Eagle Nesting Territory # 706 is located west of Hazel Point at the southern tip of To and os Peninsula, Jefferson County, Washington (Figure 1). The territory has been monitored since 1984. Over the last decade a total of 6 bald eagle nest ' trees have been documented along the south-facing shoreline of the peninsula (Figure 2). Page 1 of9 The original Nest #1 was first discovered in 1984. This nest was utilized in 1984 and 1985 but failed to produce. any young. This nest was reported destroyed in 1986. The eagle pair established two more nests over ~'mile southwest of Nest #.1. Nest #2 was first located in 1987 and has been present since. Nest #3 was first documented hi 1989. Both . nests are located in dominant old growth Douglas fir trees. The nest trees are 450 feet apart and are located approximately 400 feet from the shoreline. The Hazel Point bald eagle pair nested in one of these two nests during nesting seasons 1988-1995. The eagle pair exhibited low productivity during this period with only documented 3 young eaglets produced. The tree that previously contained Nest #3 has died. The top of the tree has broken off and the tree is no longer capable of supporting a nest. During an aerial survey conducted by WDFW in May of 1995 another nest, # 4 was located within the territory. Nest #4, is located approximately 1500 feet northeast of Nest #2, was in disrepair and has not been documented to have active nesting activity to date. A new Nest #5 was located by WDFW in April of 1996. An adult eagle was observed in incubation posture on this nest during the aerial survey conducted by WDFW and for the next 2 years. Young were produced at the nest in 1996 and 1997 but no young were produced during the 1998 nesting season. In 1999 one adult and 2 feathered young were observed in Nest #5 by WDFW during aerial surveys. In 2000 1 adult was observed at the Nest # 5 but no young were observed. In 2001 late season observation, 1 adult and no young were observed. In 2002, an April 11 aerial survey documented 1 adult in incubation on the nest. In 2003 no survey was conducted of the territory. On May 20,2004 the WDFW conducted a helicopter survey and observed 2 adult eagles and at least 1 downy young in Nest #5. During site visits in 2004, numerous immature and mature bald eagles were observed along the shoreline and in the nest. The tree containing Nest # 5 is located about 40 feet west of a cleared grassy swale Ii ,0, 5 of the Hazel Point Plat. The trees that contain Nest 2, Nest 3, and Nest 4 are located further to the west, with Nest #4 on the edge of Lot 1 quite close to the shoreline. Nest # 5 was active from 1996 to 2002. Nest #5 is a large, knobby, old Douglas fir that sits back approximately 200+ feet from top of the shoreline. The nest is just under the top branches of the tree and appears to be in good condition. The trees surrounding the nest tree are also large and include several shoreline trees that would be suitable for perching. To the southeast of the nest, little or no tree removal has occurred within the first 100-150 feet of the shoreline. To the east the mature timbered shoreline narrows with openings to the bluff edge. The land is very sloped from the back of the plat to the bluff. The bluff is . about 100 feet high, giving great perching areas along the bluff. To the east of the nest, clearing for home site construction has reduced shoreline habitat. In 2005 a new documented Nest # 6 was located on Lot # 1 of the Hazel Point Subdivision. This nest is close to nest # 4 and shoreline. Nest # 6 is located in the top of a large Douglas-fir tree. It is located approximately 200 feet from the shoreline. During a site visit in November 2006 two adult eagles were observed carrying sticks to nest. They were actually observed in nest tree # 5 removing nest building material. During a second site visit in November, 2006 and adult eagle was observed perching in a large Douglas-fir Page 2 of9 . tree on lot # 2. The nesting status of the Hazel Point Bald Eagle Territory is unknown for the 2007 season. ' Carol A. Miller recently purchased Lot # 4 of Hazel Point Large Lot SubdiVision ' (Figure 4) within the Hazel Point Bald Eagle Territory, (Figures 2&3). The documented Hazel Point bald eagle Nest Tree # 5 is located to the southeast on adjacent Lot # 5 (Figure 5). This nest tree is located within 312+/- feet of the proposed homesite location on the Miller lot. The tree containing Nest #6 is located approximately 582 feet to southwest of the proposed..hornesite (Figure 5). The parcel owned by Carol Miller contains significant shoreline bald eagle habitat that includes buffering habitat to nest # 5, shoreline perching habitat, and potential alternate nest trees. A Bald Eagle Management Plan (BEMP) was developed between the original landowner and the WDFW for a Large Lot Subdivision of the 40..acre property. (Figure 4) This plan was mutually signed in the spring of 1994 and conditioning was outlined for all proposed eight lots. It is important to note that this previous BEMP was developed prior to documentation of bald eagle nests #4, #5 and #6. The WDFW met with the original landowner and consultant in fall of2001 to discuss the implications of the new nest trees. The original landowner and the real estate agent representing the property were notified by WDFW that the previous BEMP would no longer be in effect and a new BEMP would be required prior to any site clearing or development of any lot within the subdivision. It is important to note that the lots within the subdivision had extensive timber harvest and clearing prior to the development of the original bald eagle plan prepared for the subdivision. An access road was constructed and a large area cleared for development on each of the parcels within the subdivision. A wooden viewing platform was also previously constructed on Lot #4. The bank along the slope containing the platform has experienced some erosion in recent years. The platform is in disrepair and is presently " safety hazard. Carol Miller now proposes to further develop Lot #4 and has submitted a Site Plan Approval Advance Determination (SPAAD) with Jefferson County. There are large potential nest and roosting trees within very close proximity to the proposed home Sll~. The proposed home site is approximately 312 feet from nest tree # 5. The proposed -homesite location is 160 feet and 110 feet from closest large Douglas-fir trees (Figure 5). The nest tree #5 is potentially visible from the proposed home site. Nest tree # 6 is approximately 582 feet southeast of proposed homesite and potentially visible. The garage and shop will be installed approximately 500 feet northwest of the nest tree # 5. Carol Miller intends to plant young Douglas-fir trees at locations show on attached site map (Figure # 5) to eventually block the views of nest locations from residence and viewing platform. Carol Miller intends to initiate development activities as soon as possible in 2007. The WDFW had requested that the actual homesite be located further upslope on the property to minimize impacts to eagles and their habitat. There was concern that the landowner would request removal of larger conifer trees in the vicinity of the homesite. It is essential to retain all remaining eagle habitat within the entire Hazel Point Subdivision. The WDFW and the landowner reached an agreement on the location of the home that would still ensure protection of nest buffering and perching habitat. Page 3 of9 The intent of this plan is t~ allow for the proposed development of the Carol Miller property while maintaining long-term integrity of the documented Hazel Point Bald Eagle Territory.. A concern ofWDFW is the protection of the buffering habitat for both Nest #5 and Nest #6. The protection of bald eagle perching habitat and potential alternate nest trees that exist on the Miller property is also important. There is also of concern 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 operations or outside construction within 800 feet of a nest tree. However, since the landowner is proposing activities within close proximity to two nest trees, the WDFW strongly recommends the landowner comply with the requested timing restrictions. Since the nest trees are located in close proximity to the Miller property, the WDFW will be working closely with the landowner to outline a development schedule that will minimize disturbance to nesting eagles. The planting of seedling conifer trees on the property will enhance the existing buffers on each the nest tree, supplement screening of the home site, and provide future bald eagle habitat. CONDITIONS The following conditions apply to protect the eagles and their habitat: 1. The landowner agrees to assume any and all risks resulting from the presence of critical bald eagle habitat trees on their property and shall not seek authorization to remove the trees, 2. The proposed construction of a new single family residence, shop and garage shall be allowed at locations shown on the site development plan (Figure 5). 3. The proposed installation of a septic system at location shown on the site development plan shall be allowed. (Figure 5). 4. The proposed extension of buried utilities shall be allowed. (Figure 5). , 5.' The removal (or if feasible topping), of 12 dead topped red alder trees along path to the viewing platform shall be allowed (Figure 5). The WDFW encourages the landowner to remove the threatening portions of these trees but retain as much as possible for wildlife habitat trees. 6. Improvements to the viewing platform shall be allowed. No work shall be performed on the viewing platform along shoreline bluff edge from February 1 to August 15 of any given year (Figure 5). All work on the platform shall be in compliance with Jefferson County regulations. 7. 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 Page 4 of9 hazard trees is granted. A tree that presents imminent danger to the safety of property or indiviqua1s may be removed without a report. 8. 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 reauirinl! 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. The WDFW requests that the landowner not initiate disruptive work during the sensitive egg incubation period from March 15 - April 30 of 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. 9. The WDFW recommends no discharge offirearms, fireworks, or explosives during the bald eagle nesting season of February 1 to August 15 of any given year. 10. A total of at least 48 live Douglas fir seedlings shall be established on the property. The seedlings shall be: At least 3.0 age class. Planted within one year of home completion. At least one dozen (12) seedlings shall be planted between the Nest Tree #5 and the proposed home location (Figure 5). At least one dozen (12) seedlings shall be planted between the viewing platform and Nest Tree #5 (Figure 5). At least ~ dozen (6) seedlings shall be planted between the Nest Tree #6 and the proposed home location (Figure 5). The remaining 18 seedlings shall be planted throughout the property in locations selected by the landowner. JUSTIFICATION The landowner was granted approval to develop approximately 312 feet from the tree containing Nest #5 and 582 feet from the tree containing Nest # 6. 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 this waterfront property would be significantly decreased if the landowner were not allowed to build a residence, garage, and shop within the cleared site. No additional trees will be removed in the Page S of9 . . construction of residence, garage and shop. Young Douglas-fir trees will be planted between the proposed residence and viewing platform to eventually block the view of the nests. ' 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. 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 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 t~J"m<; of the plan comply with applicable laws and regulations; or, 3) the parties to th~ f'M:.' 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 fontlal appeal of WDFW actions according the Administrative Procedures Act, Chapter 34.05 RCW, and the Model Rules of Procedure, Chapter 1O.08WCA. 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 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. Page 60f9 . . This plan applies only to the proposed land use listed above. Any other proposals may be subject to a different set ~f 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. Page 7 of9 WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE B~d~ Ea~le Site Manaeement Aereement 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 #706 Legal description of proposed project: T25N, Rl W, Section 2, NW 1/4 The undersigned hereby agree to the terms of the Bald Eagle Management Plan (2'~ 4.'-iJ~ %'~7 ~/N2ol- A f1.ibll- Landowner (Signature) Date Landowner (print) 1-/ () ~ c2~-C> -1-73 7' ' Phone number 19~Y7 Address P (n<..1:; {;o/ City, State, Zip tf: 1 J:/t Ci...~t-e /1 t :;20 J? evq C-?Y376 The State of Washington, Department ofFish and Wildlife 6/~ /07 I , Date ~ Region 'ili:fter- 50t\.. County ~:1. Priority * Nest # 5 IS Inspected by Date loc(.\+eJ OM. {k~ ~dJC'.(~",- + pal'le.l; Page 8 of9 r - ",.~ lICI..ltl!J--_........_....IIl""l.lI....'S. -_~J-=~ .... u*r.iDt~CJ~~'~- -..- 'IN<lI.N =W"".- utll1:l NOI9iAJ<::XaI19 J.01 :I'::1iSv-, J.NIOd 1iIZ'P1i' .. · (to. : JUt q d ~ . h :,j 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ll ~ I I ' f ~./ i., "", lIS It · Ii ! · IS , '1 I Ii! l l ^' I. ' ~ ~ Y1\ II ~ I g II ~ II III, 1'111' I i ! L !,~~-~;> :'\~, 5 IhllJiUIII'jjillil! 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"'. / \ *1lF~ t1.s'1) , .' / / i~~~8 = (I)~~:Z!=> m~&Ja~ . t:r;1 """~ :c:c:;:z:;~ ~~~~a "" l:O~t: 9 ~mC:C: );. - . (;) C....~o(/) . ~ ;o~ ~~~~ r- ~:z ~~ l:O cgm ()', \~ ~; i .I , '. \ j ;' 1/1 1/1 ,/~~/ + / /1 -+- ~I ,/1 @ 1 /'tj + + +/J r- 1 -+- 1 1 -+- 1 / ~~ ~;;;: / 00 ....I ~ 1 -f.'l. I 'y ~,/ .// ~ (I) .... ".', ....... t.. , o ,..,I ........-.....-..."- /' VI / ..../" r'" <::! ....1 (j) - 8 I t I --- .' .~ o ~ ...h~... I ~~/ --l2 . :a / ~ I I . / ,.", \,..( // -, / '''~. .~.............,~. '.,,, L.,... '7 """ :.............:.- ... --~...--...-....- I I i " -- CO c ..., CD 01 I C/) =f m -0 r- )> Z i~ ,; '"- 'Gl .r i-o .~ :IE o (f) o o , ... - 1\)(1) q.. I\) II ~ q VI 0) q / -..:-.:.-.:.........._- / I / / \ .... i:: - :. / \ i:: .... I l:O c:: ", ~ \ ~ I"l ~ .. .. ~ ~ ~ ~ ("\ 0 7 0 --t... 0 7 ~ ~ N o This plan Is based on Information obtained fton1 the pl./bRc rec:ords of Jefferson County, W A. No bOl./ndary SUrvt!l'/ has been pedormed In conjl./nc:tlpn with this InsIr!Jment. PARCEL I SPEClAlISf IN SMALL ACREAGE MANAGENeIT f) EAGLE MANAGEMENT PLAN Kennelh D. G~ PAR. I 4, HAZEL PT. t.t. SU8/)lv. JEFFERSON COUNTY. !vA CONSULTING NW 1/4, SEC110N 2. 125N. mw, W.M. FORESTER ,." DAre APPUCANT: SHEET 2-48 fORS RD. . .;t ,.,.,. 6 2007 ^ "ROI.. .. .... , ...,. 1 of 1 PORT ANORa WA 98363 452-63ll8 .AJnr:. , ..... no m,........ DRAWN B~ CLIFF 501-025-004 SCALE: ,.. 100.