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HomeMy WebLinkAbout821151005 Eagle Mgmt Plan 81/26/2006 12:57 2062207073 CGD13 PAGE 05/15 ;. WASHINGTON DEPARTMENT OF FISH AND WUJ)LIFE BALD EAGLE SITE MANAGEMENT PLAN RCW 77.12.655 WAC 232~12-292 EAGLE TERRITORY: Tala Point #689 ADDUeant Gary and Betty Greene 2442 NWMarket St., #166 Seattle, WA 98]07 PronetjI Tax; Parce1s:#82115100S and #821151006. Township 28 North, Range 1 Bast, Section 15, SE y,. of NE %, Jefferson County. Pending .t\divitv Residential development: Installation of a driveway and septic system. Construction of a single.. mmny residence and detached garage with a I-bedroom Additional DwelHng Unit. F-ACTORS CONSIDERED 1) Landowners goals were considered thtough a review of'proposed site development. One site visit was conducted on the property with the landowners in 2002. They were previously notified that a Bald Eagle Management Plan would be required. fur the pl'o~rty. During the site visit recommendations were made to allow development while protecting the 81g11-lfican:t eagle habitat on the property. No finalized site development plan was reviewed durlng this initial zneeting. The finalized site development plan was recently provided with a copy oftbe Master Pennit Application. A few phone conversations were conducted with the landowners to review the proposed development. ., 2) Bald eagle habitat use was considered by analysis ofterrltoty integrity through time, current surrOl.tt1.ding habitat conditions, a review of other eagle plans developed :lOt the tenitory, and the current status of the population and scientific literature concerning bald eagle habitat protection. ". B~CKGROUN~ The TaJa Point Bald Eagle Nesting Territory is located in Jefferson County, east of Port L~w along the Hood Canal (Figure 1). The recent history of the Tala Point territory has been one of conversion from a semi-remote timbered peni:osuJa to a increasingly subdivided area where ~ considerable portion oftbe suitable bald eagle habitat has been altered by timber clearip.g $Dd , residential develop.tnent. The Washington Department ofFish and Wildlife (WDFW) has.been monitoring this territory since 1983. A total offoUT dlfferent nest trees have beendocuineDted 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 teet 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 .J 01/26/2006 12:51 2062201013 PAGE 06/15 CGD13 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 ttee in 1989 and there appeared to be oompetitionbetween the osprey and eagles for the nest site during 1990. A nest structure did exist on the bro~en top of Nest Tree #1. Anosprey~ nested in tbisnest during the 1994 and 1995 nesting seasons. Nest Tree #2 is located approximately 300 feet south and sligbtly east of Nest Tree #1. This nest was also reported in 1983. This:nest was located in the top ofa Douglas:6r tree. A total of seven young were produced in this nest from ] 984 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 Aprlll996 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 1'ecently 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 Jncubation postut'e on this nest on April 13, 1996 but it was later confirmed that the eagles &died at their nesting attempt. This nest has been destroyed and there is currently only a few recant sticks remaining in tho tree. The Tala. Point bald eagle pair constructed Nest #4 prior to the 1997 t1.esting 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 nol1"hweSt of the JocationofNest Tree #2. 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 bad :fttiled 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 Jnn 15& 2000 it was confirmed by WDFW that one eaglet was successfully produced at the nest. During the 2001 and 2002 nesting season~ 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 of2oo2 so the number of young produced at the nest for this season is unknown. No aerial survey of the territory was conducted in 2003 so it is unknown tf'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 previous.ly co~tain.ed Nest #3. The ,landowners who live on the property haVl' reported seeing adult bald eagles occasionally at this nest tree. The nesting activity for the ~OO4 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 o~ a recently. :repair.ed Nest #2. This observation confirms that there are two eagle pairs 9CCUpying the Tala Pomt area. The WDFW Data Systems staffhas been notified to split the Tala Pc;int.Territory into two distinot territories. The ea..~ side of the point, containing Nest #2, will be re~rred to the Tala Shores Bald Eagle territory in the future.. ProduCtivity surveys were not condutteci"tW$ $ea.."1011 so the number of young produced at Nest #4 is unknown. The osprey pair was 'obserVed on their nest within the Tala Shores Territory later in April so it is believed that the bald eagle pair abandon.ed their nesting attempt at Nest #2 for the 2005 season~ . l' . 01/26/2006 12:57 2062207073 CGD13 PAGE: 07115, Gary and Betty Greene own two high bank waterfront parcels of property within the documented Tala Point Bald Eagle Nesting Territory (Figure 3). They pur.chased each .66--acre parcel on the east side ofTaIa. Point in 2002. During the process of the feasibility study ibr the property they were refe.tred to the Department ofFish and Wildlife for consultation about a Bald Eagle Management Plan. Consultation with WDFW took place prior to the actual purcha$e of the property. A site visit was conducted on the property. Specific conditions of the management p.1a.n were discussed in coordination with review of the proposed site developro.ent. The parcels are located southeast. of the tree which con.taii:1s the documented bald eagle Nest Tree #2. Tbe nest tree is approximately 384 met from the west property line (Figure 3). The:nest tree is visible :from SOme lotati.ons of the Greene property. The Jot presCntJy contains a mix of mostly conifer trees with a small component of hardwoods. Some large mature Douglas fir and grand fir trees conifer trees are present on the property. There is fiLirly dense under story vegetation throughout the entire property. 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 atOund the nest tree and all remaining screening vegetation between the nest tr:ee and any proposed home location. There is a documented CIeek that is located within the eastern portion of the property. The .tari.d.owners have obtained an required permits to construct a bridge over this creek. WDFW Habitat Biologist Jeff Davis was present during the site visit conducted in 2002 to provide recommendation for protection oftbe creek The Greene property pteSel1tly contains no existing structures. The latuJowners now intend to initiate plans fOr development of the property. They have submitted a Master Permit Application to the Jefferson County Departmmt of ColDm1m.1ty Development and will soon be submitting for septic and building permits. They propose to install a new septic system along the western property line (Figure 4). Tb.ey propose to install a driveway on the property that will initiate from TaJa Shores Drive in the northwest comer of the property and Wl11 terminate at a parking area located just west of the bridge (Figure 5). The proposed driveway and septic drainfie~ have been located to avoid the removal of all conifers, with the eJJ:ception of one small western hemlock tree. Mr. and Mrs. Greene are proposing to constmct a 2-bedr.oom single-:6uni1y residence on the property just east of the creek (Figure 5). The residence is located approximately 614 met ftom the nest tree. They will also be constructing a detached garage with a 1 Mbedroom Additional Dwelling Un:it above this garage structure. This building is pro,posed for construction directly south of the parking area and is located approximately 530 feet southeast of the do~ed nest tree (Figure 5). The landowners and consulting engineers have proposed a site developriient plan that requires minimal tree removal on the property. They followed the WDFW reco~on to conduct a tree survey of the property and have situated proposed development to protect as :IDalW trees as posSIble on the site. Very few signmcant trees will need to be tem.oved for . installation of the homesite and garage. A total of 5 conifer trees will need to be ret1'IOVed for construction, of the residence. Fortunately, only one of the larger mature conifer trees on'die pro,petty, a 24-inch western red cedar, will have to be removed fOf the proposed development. A small alder tree is the only tree that will need to be removed for construction of the detarihed garage. Significant mature conifer trees along the shoreline and within the southern 1/3 oftitC property will be retained. The landownets intend to obtain permits fur the septic system . installation and construction of the garage wI ADU in the next few months. Tbey wJ1I co~e ..~ 01/26/2006 12:57 2062207073 CGD13 PAGE 08/15 , these development activities in. the Spring/Summer of2006. The prima:ly residence will be coDSttucted at a later time in the fu1m:e. The intent of this plan is to allow for the proposed developm~nt oftb.e Gteene property while maintaimng the long-term integrity of the doc'l.'tl:nented Tala Point Bald Eagle Territory. A concern of the WDFW is the protection of the buffering habitat around the neSt tree, bald eagle perching habitat, and potential alternate nest trees which exist on the property. Previous land clearing in the area may have removed valuable bufferins habitat around the nest tree and known bald eagle perch trees or potential nest trees. The clearing could have also jncreased the risk of blow~down to the nest tree and adjacent signtt1cant habitat. Timins restrictions will be recommended to mihiA:l,m. disturbance during the bald eagle breeding and nesting season only if , an active bald eagle nest is documented 'Wit.bin. 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 landowners have exhibited a ~ to protect the local eagle pait' and the s:i,gnifieant bald eagle habitat that is located on the property. CONDmONS The foDowiDg conditions apply to protect bald eagles and their habitat: 1) The poposal to D$taI1 a septic system on the property, as shown on the site deve.lopment plan, shall be allowed (Figure 4). .. 2) The proposal to construct a driveway and a new 2-bedroom residence, as shown on the site developm,ent plan, shall be allowed (Figure 5). 3) The proposal to construct a detached garage with an l...bedroom Additional Dwelling Unit, as shown on the site development plan, shall be allowed (Figure 5). 4) All trees shall be retained on the property except for those trees in the path of the driveway, building/garage envelope, and septic system. All trees proposed for removal on the property are shown On attached Figure 5. 5) Tbe proposal to remove understory vegetation and selected trees within th.e areas pro~~ed for development shown on Figure 5 shall be anowed. AIl clearing shall be incompliance with JefJ.erson County regulations, the Drainage and Erosion Control Plan, and the Hydraulics permit developed for the property. " 6) The selective removal/1J:.i~g of understory vegetation, the selective removal oflmr.dwood trees. and the Umbing of conifer trees sbaJ1 be allowed to acbieve and maintain water views in the future. No more than 30% of the live crown ota conifer tree sbaJl be removed. . '. . 1) Danger trees may be removed iltrees are identified as hazardous by a professional forester or certified arborist. A written report from the forester/arborist must be submitted to the WDFW . 81/26/2886 12:57 2862287873 CGD13 PAGE 89/15 be:G>re approval to remove the hazard trees is granted. A tree that presents inn:ninent danger to the safety or property of individuals ImY be removed witbout' a report. 8) It is reqm91e-q411l that no heavy equipment operation, clearing~ tree cutting, outside home construction, or burning sbaD. occur d.urii1g the bald eagle breeding and nesting season ftom Februaty 1 - August 15 of any given yeat. Timing restrictions sba.n not be required for a given year If it may be detennined that the eagle pair are not actively nesting at the nest or within 800 feet oftl1e property. Ifan eagle does not show signs ofincuba.ti11g eggs by May 1, then the recommended timing restrictions do not apply fot that year. Surveys to determine nesting status must be conducted by a qualified biologist. '" Special note: The WDFW is no longer reauirin2 timing restrictions but has requested that the landowner work cooperatively to mini:mi?e 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 Imd WDFW sbatt develop a plan to minimi7.e disturbance and potential impacts to the eagles. 01/26/2006 12:57 2062207073 CGD13 PAGE 10/15 removal on the property and will be planting conifer seetflft,g.q to improve screening and provide future bald eagle babitat. DI1RATION OJ PRQ.TECTION This plan applies to the landowner who signs the plan. lfthe ownership changes, the new landowner may sign the plan O'l' request a new one to reflect a change in land use. Since eagles retutn to the same traditional use areas each year, the conditions of this pIan shaD apply indefinitely unless a breeding tenitory has beeD.1J1'lOCCUpied by a breeding pair ofbald 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 fot protection oftha bald eagle habitat. , If' an eagle does not.show signs offncubating eggs by May 1, then ~ 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 oftbis plan no longer apply. REVIEW ~ AMENDMEN[ This plan will be subject to the funowing review and amendment procedures. The plan may be reviewed periodically by the Washington Department ofFish and WilclJifu (WDFW) to determine whether: 1) the pIan requites amendment in response to changiQg eagle and landowner cir.cumsta.nces; or, 2) the terms of the plan comply with applicable laws and regulations; or, 3) the parties to the plan are complying with its tenns. 1'" APP'EAL PROCEDURE In addition to the provisions of WAC 232-12-292(7~1)-{7.3), the JandoWl1e1' may request a formal appeal ofWDFW actions according to the Adniinistrative Procedures Act, Chapter 34.05 RCWt and the Model Rn1es of Procedure, Chapter 1 0.08 WAC. Such a request shall be filed with the Department within 20 days of receipt oftbe contested WDFW deoision. The appeal ~.sbal1 clearly state the relief sought and the grou:nds for the appeal. .' . COMPLIANCE Failure to coroplywith this plan constitutes amisden1eanor as set forthinRCW 77.15.130. ' However, compHance with this plan does not ensure complian.ce with the Endangered .species Act or other federal, state or local laws. . This p~ applies only to the proposed land use listed above. Any other proposals may'De subject to a difterent set of conditions. It is the landowner's responsibility to notiiY the Washington Department ofYmh and Wildlife (WDFW) of any new proposed land use activities. 01/26/2006 12:57 2062207073 CGD13 PAGE 11/15 Plan drafted by Shelly Ament, Wlldlifu Biologist, Washington Department ofFish and Wildlife, P.O. Box 1933, Seq~ WA 98382. (360) 681-4276. 01/26/2006 12:57 2062207073 CGD13 PAGE 12/15 ~ WAS~G_TON STATE DEP~1MENT OF FISH and ~DLIFE Bald Eaele Site Management A2reement On behalf of the people of the State ofWashiDgton; to whieh its wildHfe belongs, the toDowing AgreemeDt is hereby,enaeted .for the p1lrpGse of protecting Bald eagles aDd their habitats. The Landowners aDd WasbiDgtoD State Department ofFish aDd Wildlife agree to the eoDsematioD measures des~ribed in the attached Site MaDageme~t. PlaD. Site Name: Tala Point #689 Legal Description of proposed project: T28N, RlE, Seetloa 15 The .Ddersigned hereby agree to the terms olthe Bald Eagle Site Management Plan. 1)~ G,. GrI9~-e.. 2) Crr€&Je- LandoWD (print) ~~:tet~.. ~1-<i+ Phone Number ol~lVtUAlddtJ-Jf-7f/~ Address ~. wA- 9r10~ City, State; Zip The State of WaShiDgtoD, Depamnent ofFish and WDdMe ~;;.!:~ ?1legioDal Program Manager ~ ~~_o-d 1-(,-9-'. Wildlm iologist Date I I It, /(Jt, Date ~ ~ Region ~I!I"~ fl. County :2... Priority mspected By Date 01/26/2006 12:57 2062207073 CGD13 PAGE 13/15 R 1 W 45111 'IBO l.nltt ~ ~) i! if'S ~ ~J.. .-.i (21 ,/122 ~ I 24 'l.J 19 ~,-= 1--' b ~ t-o,,;:,- ~ ' ~~'~ l..j~.j ~ \~ ~'I ao) 29 ~. !tt.:>') , II ~ ' ::::::,:S;;,r ....~ ~ .... l_~' J ~,..';;::::.~: "... . 'lAI 31 ::: .:::~:;_... ~ ~ 34j 35 1~ : : ~ ;i!~.::~~ . "\I ,(g',. I \ -. 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TIle ""'-flOIl o1t1le TalaP.iot Bald Eagle NeoliDl Tenitory. f-t,. j . Jeffe....n c.....ty . .~ ..... J>'fi,l"-. ~li'.nH~~lf- yJL;~~F!~/~w~/'Jljl '~'~f^-,"'"'\ N~2~~~~.A\ IJ'tII... ru,........ . , . .. ... ... ...... .....,.. ...... ... ... .... 01/26/2006 12:57 2062207073 CGD13 PAGE 14/15 "'118 ........ _~JlCOlInY AlIENI' DllA:lMERLA8PQ 7B Aa .... CllMD 4712188flOICI' LUDI.DW TALA POINT BALD EAGLETERfll1DRY (OCCURRENCE 889) -.... tFPfIf.$EN'I')8HDWNRNlI.. _I. &&!IIIMRSEFaR IIIUlA8I.SMnDIW,. . COMPARE THIS MAP TO YOUR PERSONALIREGIONAL FIELD MAP AND REPORT INCONSlSTENc~ , J SIlI'II8OClO N .',' . ~ ~. :..~: " '. G _ ..... ~ fEEt 1lAP8QAU!'1~u.aao "'~.lQ'A'n!flUJEsounr DATUllttlADzrCONlJ8 ~UIII2'DlE1G1' WHENADDJtlQ -l.OCAnoNtJcm~(JJ.IJJ.OCA'I1OMt,PI.EASa"T08CMEI I"YOUAflEIISINQ A GP8 UNi'f MI1f,-. NAP.RT'DIED4TUatTOHADz1~' . , . lBmlaI N . .,,~ toLlO LINIi SHOWS PHS HA8rrAT POLYaoN.POI..YGoN EXrENoa OI.lTG.lDE DI8fII...A'UD MAI"ElC1'Etir. " 1fID-2 ~~ 18880$25 naNJ\)1ES1S BALD EAGl.EIllE'ST.I.CIOA.TEDGOFrE8'J'I, ABOIJT 110 M 1NT/t"l\')pOFai.te FLAT.TOPPIm 47..... "-1--' 1,. r!J!!Ir, s. WDIW OCC DOua ARJUsrN_QFv.t-lERE PAVEMENrEft>S 01\1 WSll)EOFeRAYB.AUAND FlECQlJ'CLEAft. -.... """.... ..IMS&981E5S0718311t 1NG.18~pAFffW.tVBLOllllNotrr. , ......~..p-.. ~ ..~~~~~~ -lm~ ~ ~-__OF.........~.,..._~~_ ",' . PAW\t.2tI TAlAI"OJNr09flR&V'tIHIIrOIW ,J' FIGURE 2. The location 01 the T:q" Point bald eagle nest trees. . . IU/26/2BB6 12: 57 2B622B7B73 CGD13 PAGE 15/15 . ..............,--........- Fignre3 ~:f:. ,,' ta~&UltIJT...---- -..& fa.eJp LluGS eDJ.f.M.OI4 'Tl> At.I.. l t)1/l<~"N L.~T.,. 0.........' . ~ . 1-~ ..- f:1. -:. r"L.ft<,. :~~. r ~'~/' leT. @ !\ ":111""'" .. _ _ _ _ ~ <:ff).. (~ ~L(JT @) lilltlb ,wtJrJ4L.f.. ;:(E" c, ..... -.. .. .....:-.. W\rI'_~'_.. .............../ LbT (/J) w..:&L.I .... .. ..,S/.1 _.. -.- -... .. ___ C.4C.LAIolJuJ -W'::/~'1=.f(.tAI\ Ld'f (j;) ..:1 4.... __.... I . ..._.. ____.....~......___. I ~ GttJI-t,U/JJJIT't ~-z.""6'I<S"M~ La; dD) , ."""'kr--- __, '-- A.-. ___ I '0 Ufr @) I 'r... _. ~. ~~ ._ : l.tJ.,. ~ 1 ........ ~. ~':'~' .:'~: ~~v~~~ :;.: n.'__ H6,~4\2,1:t :270, . . _ _. _ _'" _ 6ur ~ 1Z6~. I -:. ~'r c!il Z..12Y-HB.l.1 ~ 1,.... .. .~~--... ---" ) ~...,..... ~uJJ" tJfll I"'..... ilia!. l.I_..J.a"Wf'l.f::...--rz.....---~ I AT ~ f.1~"'LlS' ~,........ WJo - -- - - W.J f.€:IJ ..........'.: I ", 0(:"" , .......' GREENE Zo "-HE'1i "';.... PROPERTY ~~, 45"~' oJ: To 1At4T6~) _J.4.T (!jJ _ Lt!JT {i9 -.. - -~ I Z~ t !...~ . '~WON ~,. to......: 4. _ ".... B ~ ...... "'- -- ,. --- .u '3 e;- NEST TREE #2 ,"" 3g~ "\ . . /.LJTLO ... ---- ... ........-- .... ~ '1 . b4>..-- ALl.. ~ :.t ~' Wit?!' fLAT tiP '"N '&!lr&~~ "~ 9..4i;E' · - t '.- tl%TU '. FIGURE 3. De loeatiob of the GreeDe propel1y within the Tala Poi.t Bald Eagle, Territory and the JoeatiOD of bald eagle Nest Tree #2.